CRIMINAL

LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012

TITLE I CRIMES AGAINST NATIONAL SECURITY Who may commit treason?

1. Filipino citizen
AND THE LAW OF NATIONS May be proved by:
Documents proving citizenship
Chapter 1: Crimes against National Security Prison record (People v. Martin)
Testimony of witnesses who know him (People v. Flavier)
2. Resident alien
Section 1 Treason and espionage Aliens who aid the enemy can now be prosecuted under Art. 144
Art. 114 Treason
Any Filipino citizen who levies war against the Philippines or adheres to her War:
enemies, giving them aid or comfort within the Philippines or elsewhere, shall be Treason is a war crime, treasonable acts may actually be perpetrated during
punished by reclusion perpetua to death and shall pay a fine not to exceed peace but there are no traitors until war has started.
100,000 pesos. Punished by the state as a measure of self-defense and preservation.

No person shall be convicted of treason unless on the testimony of two witnesses Ways or modes :
at least to the same over act or on confession of the accused in open court. 1. By levying war against the Government.
a. There must be an actual assembling of men.
Likewise, an alien, residing in the Philippines who commits acts of treason as b. For the purpose of executing a treasonable design by force.
defined in paragraph 1 of this article shall be punished by reclusion temporal to It is not necessary that there be a formal declaration of the existence of a
death and shall pay a fine not to exceed 100, 000 pesos. state of war. (Justice Johnson, dissenting; U.S. v. Lagnason)
Levying of war must be with the intent to overthrow the government.
Elements: (FWO: la) It does not matter how vain and futile the attempt was and how impossible
a. That the offender is a Filipino citizen or an alien residing in the Philippines of accomplishment.
b. That there is a war in which the Philippines is involved Levying war as an act of treason must be for the purpose of executing a
c. That the offender either: treasonable design by force.
a. levies war against the Government, or Levying war must be in collaboration with a foreign enemy, if the levying is
b. adheres to the enemies, giving them aid or comfort. merely a civil uprising without any intention of helping an external enemy,
offenders will be liable for treason.
Treason 2. Adheres to the enemies, giving them aid or comfort
Treason breach of allegiance to a government, by a person who owes a. Adherence to the enemy
allegiance to it. When a citizen intellectually or emotionally favors the enemy and harbors
Treason is the violation by a subject of his allegiance to his sovereign or to sympathies or convictions disloyal to his countrys policy or interest.
the supreme authority of the state. (U.S. v. Abad) (Cramer v. U.S.)
Allegiance the obligation of fidelity and obedience which the individuals Giving information to the enemy (People v. Paar)
owe to the government which they live or to their sovereign in return for Being a makapili constitutes an overt act, since he placed himself at the
the protection they receive enemys call to fight side by side with him (People v. Adriano)
a. Permanent allegiance Obedience and fidelity that a citizen or subject b. Giving them aid or comfort
owes to his government. An act which strengthens or tends to strengthen the traitors or weakens the
b. Temporary allegiance Obligation of fidelity and obedience which a state to resist and attack the enemy
resident alien owes to our government. Direct and indirect act

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Direct Materially contributes to the traitors and external force. i.e. selling *Reason: What is designed in the mind of an accused never is susceptible of proof by
bullets direct testimony.
Indirect Normal conduct of business such as Selling food or clothing 3. Defense
3. Public office Duress or uncontrollable fear, only fear of immediate death shall be
Mere governmental work under the Japanese government is not treason accepted.
However, if due to his position he helped in the propagation of the creed of Suspended allegiance and change of sovereignty not accepted.
the invader, such constitute treason.
4. Treason as an offense Art. 115 - Conspiracy and proposal to commit treason
No complex crime of treason The conspiracy or proposal to commit the crime of treason shall be punished
Treason is a continuous offense, thus it may be committed by a series of respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision
acts. correccional and a fine not exceeding P5,000 pesos.
5. Aggravating Circumstances (Exclusively on)
Cruelty
Acts punished:
Ignominy
1. Conspiracy to commit treason when in time of war, two or more

persons come to an agreement to levy war against the government or to
Proving treason:
adhere to the enemies and to give them aid or comfort, and decide to
1. 2 witnesses testifying to same overt act
commit it.
a. The testimonies must refer to the same act, place and moment of time.
2. Proposal to commit treason when in time of war a person who has
Treason cannot be proved by circumstantial evidence or by
decided to levy war against the government or to adhere to the enemies
extrajudicial confession.
and to give them aid or comfort, proposes its execution to some other
Example: X saw arms landed in La Union and loaded into a motor
person or persons.
vehicle. At this stage, not sufficient to convict yet. Y later saw the

arms unloaded in a warehouse. Will X + Y be sufficient witnesses to
convict? Answer: NO. Because the law requires that 2 witnesses Art. 116 - Misprision of treason
see the SAME OVERT ACT. Every person owing allegiance to (the United States) the Government of the
b. Confession of the accused in open court. Philippine Islands, without being a foreigner, and having knowledge of any
If he has pleaded NOT guilty already during arraignment, he can conspiracy against them, conceals or does not disclose and make known the
still confess in open court by stating the particular acts constituting same, as soon as possible to the governor or fiscal of the province, or the mayor
treason. or fiscal of the city in which he resides, as the case may be, shall be punished as an
During trial, simply saying Im guilty is not enough. accessory to the crime of treason.
If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if Elements: (OKC)
assisted by counsel is not enough. a. That the offender must be owing allegiance to the government, and not a
*Reason: Nature of the crime of treason requires that the accused be afforded a foreigner;
special protection not required in other cases so as to avoid miscarriage of justice b. That he has knowledge of any conspiracy (to commit treason) against the
2. Proving Adherence government;
a. By one witness c. That he conceals or does not disclose and make known the same as soon as
b. From nature of the act itself possible to the governor or fiscal of the province or the mayor or fiscal of the
c. From the circumstances surrounding the act city in which he resides.

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Offender: It is sufficient that he has the purpose to obtain any of them
1. Applies to Filipino citizens, resident alien is not included.
2. Does not apply if treason is actually committed. Commonwealth act No. 616:
3. This article is an exception to the rule that mere silence does not make a person a. Section 1 Unlawfully obtaining
criminally liable, for it punishes non-disclosure. (U.S. v. Caballeros, et al.) Going upon, entering, flying over or otherwise by obtaining information
4. What if other high ranking official such as PNP chief? It is still applicable as long as concerning any vessel, aircraft, work of defense, for the purpose of
the official is under DILG obtaining information with the intent to use it to the injury of the
Philippines or to advantage any foreign nation.
Art. 117 Espionage Copying, taking, making or attempting or inducing or aiding another to
The penalty of prision correccional shall be inflicted upon any person who: copy, take, make or obtain any sketch, photograph, photographic negative,
blue print, plan, map, instrument, appliance, document, writing for the
1. Without authority therefor, enters a warship, fort, or naval or military purpose in paragraph 1.
establishment or reservation to obtain any information, plans, photographs, or Receiving or obtaining or agreeing or attempting or inducing or aiding
other data of a confidential nature relative to the defense of the Philippine another to receive or obtain those mentioned in paragraph 2.
Archipelago; or Communicating or transmitting or attempting to communicate or transmit
to any person not entitled to receive it, by willfully retaining and failing to
2. Being in possession, by reason of the public office he holds, of the articles, deliver it on demand.
data, or information referred to in the preceding paragraph, discloses their Permitting through gross negligence to be removed from its proper place or
contents to a representative of a foreign nation. custody or deliver to anyone in violation of his trust, or to be lost, stolen,
abstracted or destroyed.
The penalty next higher in degree shall be imposed if the offender be a public b. Section 2 Unlawful Disclosure
officer or employee. By communicating, delivering or transmitting or attempting or aiding or
inducing another to do it.
In time of war, by collecting, recording, publishing or communicating or
Elements:
attempting to elicit any information with respect to the movement,
1. Paragraph 1 Elements: (WAP)
number, description, condition, or disposition of any of the armed forces.
a. That the offender enters a warship, fort, or naval or military establishment
c. Section 3 Disloyal act or words during peace time
or reservation;
Advising, counseling, urging or in any other manner by causing
b. That he has no authority therefor;
insubordination, disloyalty, mutiny or refusal of duty.
c. That his purpose is to obtain information, plans, photographs or other data
Disturbing any written or printed matter which urges the acts cited in
of a confidential nature relative to the defense of the Philippines.
paragraph 1.

d. Section 4 Disloyal acts or words during war
2. Paragraph 2 Elements: (PAD)
Willfully making or conveying false reports or false statements with the
a. that the offender is a public officer;
intent to interfere with the AFP
b. That he has in his possession the articles, data or information referred to in
Willfully causing or attempting to cause insubordination, disloyalty, mutiny
paragraph No. 1 of Art. 117, by reason of the public office he holds;
or refusal of duty
c. That he discloses their contents to a representative of a foreign nation.
Willfully obstructing the recruiting or enlistment service

e. Section 5 Conspiracy
Note: Not necessary that Philippines is at war with the country to which the
Two or more persons conspire to violate the preceding provisions
information was revealed. What is important is that the information related is
connected with the defense system of the Philippines.
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One or more of such person do any act to effect the object of the Reprisals is not limited to military action, it could be economic reprisals, or
conspiracy denial of entry into their country.
f. Section 6 Harboring or concealing Penalty is higher when the offender is a public officer or employee
Offender knows that a person has committed or is about to commit an
offense under this act Examples
Harbors and conceals such person Raising troops within the Philippines without proper authorization for the
service of another nation against another nation
Espionage compared from Treason: Public destruction of the flag or seal of a foreign state or public
Both crimes are not conditioned upon the citizenship of the offender, manifestations of hostility to the head or ambassador of another state.
however in treason alien must reside in the Philippines.
Treason is committed in time of war, while espionage may be committed Art. 119 - Violation of neutrality
both in time of peace and war. The penalty of prision correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not involved, violates any
Note: regulation issued by competent authority for the purpose of enforcing neutrality
In crimes against the law of nations, the offenders can be prosecuted The penalty of prision correccional shall be inflicted upon anyone who, on the
anywhere in the world because these crimes are considered as against occasion of a war in which the Government is not involved, violates any
humanity in general, like piracy and mutiny. Crimes against national regulation issued by competent authority for the purpose of enforcing neutrality.
security can be tried only in the Philippines, as there is a need to bring the
offender here before he can be made to suffer the consequences of the
Elements: (WRV)
law.
a. That there is war in which the Philippines is not involved
The acts against national security may be committed abroad and still be
b. That there is a regulation issued by competent authority for the purpose of
punishable under our law, but it cannot be tried under foreign law.
enforcing neutrality
c. That the offender violates such regulation
Section 2 Provoking war and disloyalty in case of war
Art. 118: Inciting to war or giving motives for reprisals Neutrality:
The penalty of reclusion temporal shall be imposed upon any public officer or 1. Neutrality a nation or power which takes no part in a contest of arms going on
employee, and that of prision mayor upon any private individual, who, by between others.
unlawful or unauthorized acts provokes or gives occasion for a war involving or Government declared the neutrality of the Philippines in a war between 2
liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on other countries
their persons or property. 2. Congress has the right to declare neutrality

Elements: (PA) Art. 120 - Correspondence with hostile country
a. That the offender performs unlawful or unauthorized acts Any person who in time of war, shall have correspondence with an enemy country
b. That such acts provoke or give occasion for a war involving or liable to or territory occupied by enemy troops shall be punished:
involve the Philippines or expose Filipino citizens to reprisals on their
persons or property 1. By prision correccional, if the correspondence has been prohibited by the
Government;
Notes:
Crime is committed in time of peace, intent is immaterial

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2. By prision mayor, if such correspondence be carried on in ciphers or Notes:

conventional signs; and There must be a prohibition
Mere attempt consummates the crime
3. By reclusion temporal, if notice or information be given thereby which might Even aliens can be guilty
be useful to the enemy. If the offender intended to aid the enemy by giving such
notice or information, he shall suffer the penalty of reclusion temporal to death.
Section 3 Piracy and mutiny on the high seas
Art. 122 - Piracy in general and mutiny on the high seas
Elements: (WCE: pnc)
The penalty of reclusion temporal shall be inflicted upon any person who, on the
a. That it is in time of war in which the Philippines is involved
high seas, shall attack or seize a vessel or, not being a member of its complement
b. That the offender makes correspondence with an enemy country or
nor a passenger, shall seize the whole or part of the cargo of said vessel, its
territory occupied by enemy troops
equipment, or personal belongings of its complement or passengers.
c. That the correspondence is either
i. prohibited by the government, or
The same penalty shall be inflicted in case of mutiny on the high seas.
ii. carried on in ciphers or conventional signs, or
iii. containing notice or information which might be useful to the
enemy Ways of Committing Piracy:
a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD
Circumstances qualifying the offense: 532)
1. Notice or information might be useful to the enemy b. By seizing the whole or part of the cargo of said vehicles, its equipment or
2. Offender intended to aid the enemy personal belongings of its complement or passengers

Correspondence: Elements: (VNO: as)
Communication by means of letter. a. That a vessel is on the high seas/Philippine waters
If ciphers were used, no need for prohibition b. That the offenders are not members of its complement or passengers of the
vessel
c. That the offenders
attack or seize that vessel or (hence, if committed by crew or
Art. 121 - Flight to enemy country
passengers, the crime is not piracy but robbery in the high
The penalty of arresto mayor shall be inflicted upon any person who, owing
seas)
allegiance to the Government, attempts to flee or go to an enemy country when
seize the whole or part of the cargo of said vessel, its equipment or
prohibited by competent authority.
personal belongings of its complement or passengers
2

Elements: (WA P) Definitions:
a. That there is a war in which the Philippines is involved High seas parts of the sea that are not included in the exclusive economic
b. That the offender (Filipino or resident alien) must be owing allegiance to the zone, in the territorial seas, or in the internal waters of a state, or in the
government archipelagic waters of an archipelagic state.
c. That the offender attempts to flee or go to enemy country Piracy Robbery or forcible depredation on the high seas, without lawful
d. That going to enemy country is prohibited by competent authority authority and done with animo furandi and in the spirit and intention of
universal hostility. (People v. Lol-lo)

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Mutiny Committed by the other members of the complement and may be Setting the boat on fire
committed by the passengers of the vessel. Unlawful resistance to a c. Whenever the crime is accompanied by murder, homicide, physical injuries, or
superior officer. rape. (the above may result to qualified mutiny)
Distinctions: Judge Pimentel said that parricide should also be included (In short, take
Piracy from robbery on the high seas into consideration other killings which is necessarily transformed into other
If offender is a member of the complement or passenger of the vessel crimes because of qualifying factors)
robbery
If the robbery is committed by an outsider piracy Republic Act No. 6235 (The Anti Hi-Jacking Law):
Purpose of severe penalty - to impose discipline Anti hi-jacking is another kind of piracy which is committed in an aircraft. In
PIRACY MUTINY other countries, this crime is known as aircraft piracy.
Robbery or forcible degradation on the Unlawful resistance to a superior Four situations governed by anti hi-jacking law:
high seas, without lawful authority and officer, or the raising of commotion (1) usurping or seizing control of an aircraft of Philippine registry while
done with animo lucrandi and in the spirit and disturbances on board a ship it is in flight, compelling the pilots thereof to change the course or
and intention of universal hostility. against the authority of its commander destination of the aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while
Intent to gain is an element. No criminal intent within Philippine territory, compelling the pilots thereof to land in
Attack from outside. Offenders are Attack from the inside. any part of Philippine territory;
strangers to the vessel. (3) carrying or loading on board an aircraft operating as a public utility
passenger aircraft in the Philippines, any flammable, corrosive,
explosive, or poisonous substance; and
Art. 123 Qualified piracy (4) loading, shipping, or transporting on board a cargo aircraft
The penalty of reclusion temporal to death shall be imposed upon those who operating as a public utility in the Philippines, any flammable,
commit any of the crimes referred to in the preceding article, under any of the corrosive, explosive, or poisonous substance if this was done not in
following circumstances: accordance with the rules and regulations set and promulgated by
the Air Transportation Office on this matter.
1. Whenever they 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.

Qualifying circumstances (includes mutiny):

a. Whenever they have seized a vessel by boarding or firing upon the same
Boarded
Fired guns
b. Whenever the pirates have abandoned their victims without means of saving
themselves

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TITLE II CRIMES AGAINST THE FUNDAMENTAL If the offender is a private individual, he is guilty of Illegal detention under Art
267
LAWS OF THE STATE Detention is defined as the actual confinement of a person in an enclosure, or
Chapter 1: Arbitrary Detention or Expulsion, Violation of in any manner depriving him of his liberty (People v Gungon)
Dwelling, Prohibition, Interruption, and Dissolution of
Peaceful meetings and crimes against Religious Worship Legal grounds for detention: List of lawful arrest without warrant - see p.45

They are called crimes against the fundamental laws of the State because they 1. The commission of a crime
violate certain provisions of the Bill of Rights (Article 3) of the 1987 Constitution 2. Violent insanity or any other ailment requiring compulsory confinement of the
patient in a hospital
Art 124: Arbitrary Detention
Arrest without warrant is the usual cause of arbitrary detention
Any public officer or employee who, without legal grounds, detains a person, shall
suffer: An arrest without warrant is lawful when the suspect is caught in flagrante
delicto or immediately thereafter, or when the suspect is an escaping prisoner
1. The penalty of arresto mayor in its maximum period to prision correccional in
It must be stressed that "presence" does not only required that the arresting
its minimum period, if the detention has not exceeded three days;
person sees the offense, but also when he "hears the disturbance created
thereby and proceeds at one to the scene" (U.S. v Samonte)
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued for more than three but not more than fifteen days; An officer arresting a person who has just committed an offense must have
probable cause to believe based on personal knowledge of facts and
3. The penalty of prision mayor, if the detention has continued for more than circumstances that the person to be arretsted has committed it.
fifteen days but not more than six months; and
Probable cause can be defined as such facts and circumstances which could
4. That of reclusion temporal, if the detention shall have exceeded six months. lead a reasonable discreet and prudent man to believe that an offense has
been committed and that the object sought in connection with the offense are
The commission of a crime, or violent insanity or any other ailment requiring the in the place sought to be searched
compulsory confinemen of the patient in a hospital, shall be considered legal A crime must in fact or actually have been committed first
grounds for the detention of any person
Under Sec. 5 Rule 113 of the Revised Rules of Criminal Procedure, the actual
commission of a crime by the person detained is not necessary to justify his
Elements: (P-D-W)
detention. It depends upon the nature of his deed, when it's characterization as
1. That the offender is a public officer or employee
a crime may reasonably be in erred by the officer to whon the law at the
2. That he detains a person
moment leaves the decision for the urgent purpose of suspending the liberty of
3. That the detention is without legal grounds
that person (U.S. v Sanchez)

The public officers liable for arbitrary detention must be vested with authority The right of arrest without warrant of arrest of an escaped prisoner is founded
to detain or order the detention of persons accused of a crime, although the on the principle that at the time of the arrest, the escapee is in the continuous
legal grounds for such detention is lacking act of committing a crime which is evading the serving of his sentence
(Paraluman v Director of Prisons)

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The crime if arbitrary detention can be committed through imprudence therefore applies only when the arrest is made without warrant of arrest. But
provided for and punished under Article 365 the arrest must be lawful.


The person arrested without a warrant shall be forthwith delivered to the
Periods of detentions penalized:
nearest police station or jail. The delivery does not consist in a physical
1. If detention has not exceeded 3 days
delivery, but in making an accusation or charge or filing of an information
2. If the detention has continued more than 3 days but not more than 15 days
against the person arrested wight he corresponding court or judge (Sayo v
3. If the detention has continued more than 15 days but not more thn 6 months
Chief of Police of Manila)
4. If the detention has exceeded 6 months


Duty of detaining officer us deemed complied with upon the filing of the
The law does not fix any minimum period of detention.
complaint with the judicial authority.


Art. 125. Delay in the delivery if detained persons to the proper judicial The "proper judicial authority" means the Supreme Court and suc inferior
authorities courts as may be established by law
The penalties provided in the next preceeding article shall be imposed upon the
public officer or employee who shall detain any person for some legal ground and Detained person should be released when a judge is not available uf the
shall fail to deliver such person to the proper judicial authorities within the period maximum hours for detention provided under Art. 125 has already expired.
of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their Failure to cause the release may result in an offense under Art. 125 (Albior v
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional Auguis)
penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or their equivalent. For the purpose if determining the criminal liability of an officer detaining a person
for more than the time prescribed,
In every case, the person detained shall be informed of the cause of his detention 1. The means if communication, as well as
and shall be allowed, upon his request, to communicate and confer at any time 2. The hour of arrest, and
with his attorney or counsel. 3. other circumstances such as the time of surrender and the material possibility
for the fiscal to make the investigation and file in time the necessary
Elements: (P-D-F-12L-18c-36a) information
1. That the offender is a public officer or employee
2. That he detained a person for some legal ground Without warrant Violation of Art. 125 does not affect legality of confinement under process
3. That he fails to deliver such person to the proper judicial authorities within: issued by a court. Such violation is not considered as one of the grounds on
a. Twelve (12) hours, for crimes punishable by light penalities or their which one can predicate a motion to quash the information.
equivalent;
b. Eighteen (18) hours, for correcional or their equivalent; A subsequent filing of the information in court does not cure the illegality of
c. Thirty-six (36) hours, for afflictive or their equivalent detention. The arresting officer will still be liable because the violation had
already been committed.
If the offender is a private person, the crime is illegal detention
If no charge is filed by the fiscal in court within the period fixed in Art. 125, the
The arrest must have been made for some legal ground (under any of the arresting officer must release the detainee. If the arresting officer does not
circumstances where arrest without warrant is authorized by law) Art. 125 release such person he will be guilty under Art. 125 while the fiscal who fails to
file the information will not be liable, unless he has ordered induced the officer

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to hold and not release the prisoner after the expiration of said period. (Sayo v Art. 127. Expulsion
Chief of Police of Manila) The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person
To avoid harassment, abuse
Reason: To protect our consti right of liberty from the Philippine Islands or shall compel such person to change his residence.
o To prevent any abuse resulting from confining a person without informing
Who can order expulsion?
him of his offense and without permitting him to go on bail. (Laurel v Misa)
Elements: (P-E-N) Court, but it only applies to aliens.

1. That the offender is a public officer or employee
Art. 125 distinguished from Art. 124
2. That he expels any person from the Philippines, or compels a person to change

his residence
Delay in the delivery Arbitrary Detention 3. That the offender is not authorized to do so by law
Detention is legal in the beginning but Detention is illegal from the beginning
the illegality starts from expiration of Only the court by a final judgment can order a person to change his residence.
any of the periods specified This is illustrated in ejectment proceedings, expropriation proceedings and in
the penalty of destierro. See definition of each

List is exclusive
Art. 126. Delaying Release
The penalties provided in Article 124 shall be imposed upon any public officer or Art. 128. Violation of domicile
The penalty of prision correccional in it minimum period shall be imposed upon
employee who delays for the period of time specified therein the performance of
any public officer or employee who, not being authorized by judicial order, shall
any judicial or executive order for the release of a prisoner or detention prisoner,
enter any dwelling against the will of the owner thereof, search papers or other
or unduly delays the service of the notice of such order to said prisoner or the
effects found therein without the previous consent of such owner, or, having
proceedings upon any petition for the liberation of such persons.
surreptitiously entered said dwelling, and being required to leave the premises,
shall refuse to do so.
Elements: (P-J-S-P-P)
1. That the offender is a public officer or employee If the offense be committed in the nighttime, of it any papers or effects not
2. That there is a judicial or executive order for the release of a prisoner or constitutiong evidence of a crim be not returned immediately after the search
detention prisoner, or that there is a proceeding upon a petition for the made by the offender, the penalty shall be prision correccional in its medium and
liberation of such person maximum periods.
3. That the offender without good reason delays:
a. the service of the notice of such order to the prisoner
Elements: (P-E-S-R)
b. the performance of such judicial or executive order for the release of the
1. That the offender is a public officer or employee
prisoner
2. That he is not authorized to:
c. the proceedings upon petition for the release of such person.
a. enter any dwelling against the will of the owner thereof,

b. search papers or other effects found therein without the previous consent
Wardens and jailers are the public officers most likely to violate Art. 126 as
of such owner,
they are the ones temporarily charged of the custody of prisoners or detained
c. refuse to leave the premises, after having surreptitiously entered said
persons.
dwelling and after having been required to leave the same



Offender must be a public officer. If it is a private person, the crime committed

is trespass to dwelling

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Art. 129. Search warrants maliciously obtained, and abuse in the service of those
A public officer or employee is authorized by judicial order when he is armed legally obtained
with a search warrant duly issued by the court. In addition to the liability attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its maximum period to prision
Against the will of the owner presupposes opposition or prohibition by said correccional in its minimum period and a fine not exceeding 1,000 pesos shall be
owner, whether express or implied. Against the will is not the same as without imposed upon any publci officer or employee who shall procure a search warrant
the consent of the owner. without just cause, or, having legally procured the same, shall exceed his
authority or use unncessary severity in executing the same.
If refused admittance after announcing his authority and purpose, the officer
has the right to break into building or enclosure to make an arrest by virtue of a Acts punishable with elements: (W-E)
warrant or without a warrant as provided in section 5 (Sec. 11, Rule 113, 1. By procuring a search warrant without just cause. (P-S-N)
Revised Rules of Criminal Procedure) a. That the offender is a public officer or employee
But the mere fact that on is suspected of having unlawful possession of opium, b. That he procures a search warrant
is no excuse for entry into the house by a peace officer for the purpose of c. There is no just cause
search against the will of its owner and without search warrant. (U.S. V De los
Reyes) 2. By exceeding his authority or by using unnecessary severity in executing a
search arrant legally procured (P-S-E) Exceed -
Severity -
The right to be secure from unreasonable search may like every right be waived a. That the offender is a public officer or employee destroying of obtaining
and such waiver may be made expressly or impliedly. Silence of the owner of b. That he has legally procured a search warrant items w/o cause
what is not
the dwelling before or during the search may show implied waiver. c. That he exceeds his authority or uses unnecessary severity in executing
needed
128 will not be applicable.
Art the same. Personal Property to be seized:
Papers or other effects under Art. 128 without search warrant and such person 1) subject of the offense; 2) stolen or embezzled and other fruits; 3) used or
is not legally arrested, must be found in the dwelling, not outside. In such case, intended to be used for an offense
Search warrant - an order in writing issued in the name of the People of the
the crime committed by the public officer is grave coercion, if violence or Philippines, signed by a judge and directed to a peace officer commanding him
intimidation is used, or unjust vexation if there is no violence or intimidation. to search for personal property described therein and bring it before the court.

Having surreptitiously entered said dwelling is an instance where a public Searches shall be made in the presence of the lawful occupant thereof or any
officer or employee may commit violation of domicile even if the entrance is member of his family or in the absence of the latter, in the presence of two
only without the consent of its owner. What constitutes the crime is thew witnesses of sufficient age and discretion residing in the same locality.
refusal of the offender to leave the premises when required to do so, not the RECEIPT
entrance. A detailed receipt for the property seized must be given to such persons.

Question: what if owner is absent and there is a doormat saying welcome? VALIDITY OF WARRANT
A search warrant shall be valid for ten (10) days from its date.
Qualifying circumstances: Not an aggravating circumstance - cannot PROBABLE CAUSE
1. Nighttime be offset by mitigating circumstance
Probable cause - such facts and circumstances which would lead a reasonably
2. If any papers or effects not constituting evidence of a crime are not returned
discreet and prudent man to believe that an offense has been committed and
immediately after the search made by the offender.
that the object sought in connection with the offense are in the place sought to

Distinguish if public officer committee the act using his public position or in his private capacity be searched.

Go-Tan vs tan 2008 VAWC - application of conspiracy on special laws

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 CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
The true test of lack of just cause whether the affidavit filed in support of the The same penalty shall be imposed upon any public officer or employee who shall
application for search warrant has been drawn in such a manner that perjury prohibit or hinder any person from addressing, either alone or together with
could be charged thereon and affiant be held liable for damages. others, any petition to the quthorities for the correction of abuses or redress of
addition to the liability attaching to the offender..."
"In grievances.
Perjury shall be treated as a separate offense in view of the phrase in addition
to the liablity attaching to the offender for the commission of any other
offense. They cannot form a complex crime. LEGAL: 1) Search and seizure incidental to a Elements: (P-P-H-P)
lawful arrest; 2) moving vehicle
Moncado ruling - fruits of the poisonous tree - inadmissible but may be put in custodia legis 1. That the offender is a public officer or employee
Seizing other property having no remote or no connection to the items 2. That he performs any of the following acts:
specified in the search warrant shall constitute exceeding authority in a. Prohibiting or interrupting, without legal ground, the holding of a peaceful
executing a search warrant. meeting, or by dissolving the same.
b. Hindering any person from joining any lawful association or from attending
Art. 130. Searching domicile without witnesses any of its meeting
The penalty of arresto mayor in its medium and maximum periods shall be 1. C. Prohibiting or hindering any person from addressing, either alone or together
imposed upon a public officer or employee who, in cases where a search is with others, any petition to the authorities for the correction of abuses or
proper, shall search the domicile, papers, or other belongings of any person, in redress of grievances.
the absence of the latter, any member of his family, or in their default, without
the presence of two witnesses residing in the same locality. A private individual cannot commit this crime.

How about trailer/bus
Elements: (P-S-S-N) used as a house?
Right to peaceful meetings is not absolute as it may be regulated to promote
1. That the offender is a public officer or employee good order or safety and general welfare of the people.
2. That he is armed with search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person. When the meeting to be held is not peaceful, there is legal ground for
4. That the owner, or any member of his family, or two witnesses residing in the prohibiting it.
same locality are not present Not applicable to: vehicles/transpo (not dwelling)
Tariff and Customs Code - no need for warrant Denial of a petition is not a violation of this article because as mentioned, the
Search means to go over or look through for the purpose of finding something; right to peaceably assemble may be regulated so that it shall not be injurious to
to examine. As the crime defined in Art. 130, the papers or other belongings the equal enjoyment of others having equal rights nor injurious to the rights of
must be in the dwelling of their owner at the time the search is made. Art. 130 the community or society.
does not apply to searches of vehicles or other means of transportation.
There is no legal ground to prohibit the holding of a meeting when the danger
apprehended is not imminent and the evil to be prevented is not a serious one.
Art. 131. Prohibition, interruption, and dissolution of peaceful meetings

The penalty of prision correccional in its minimum period shall be imposed upon
The offender must be a stranger, not a participant in the peaceful meeting.
any public officer or employee who, without legal ground, shall prohibit or

interrupt the holding of a peaceful meeting, or shall dissolve the same.
Art. 132. Interruption of religious worship.
The same penalty shall be imposed upon any public officer or employee who shall The penalty of prision correccional in its minimum period shall be imposed upon
hinder any person from joining any lawful association or from attending any ot its any public officer or employee who shall prevent or disturb the ceremonies or
meetings. manifestations of any religion.

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012

If the crime shall have been committed with violence, the penalty shall be prision A cemetery is not a place devoted to religious worship, although a religious
correccional in its medium and maximum periods. ceremony may be conducted in such.

Offense to feelings is judged from complainant's point of view, not from that of

the offender.
Elements: (P-R-P)
1. That the offender is a public officer or employee
2. That religious ceremonies or manifestations of any religion are about to take
place or are going on.
3. That the offender prevents or disturbs the same

Qualifying circumstance: Presence of Violence or threats

The religious worship should be a ceremony or manifestation of a religion, not
merely a meeting of a religious sect.

Art. 133. Offending the religious feelings
The penalty of arresto mayor in its maxium period to prision correccional in its
minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony, shall
perform acts notoriously offensive to the feelings of the faithful.

Elements: (D-O)
1. That the acts complained of were performed in a place devoted to religious
worship, or during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful.
PLACE DEVOTED TO RELIGIOUS WORSHIP
The place must be devoted to religious worship although it is not necessary
that there is a religious ceremony going on.

RELIGIOUS CEREMONY Not necessarily inside a place devoted to religious worship
Religious ceremonies are those religious acts performed outside of a church,
such as processions and special prayers for burying the dead.

Acts notoriously offensive to the feelings of the faithful must be directed
against religious practice or dogma or ritual for the purpose of ridicule.

There must be deliberate intent to hurt the feelings of the faithful.

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TITLE III CRIMES AGAINST PUBLIC ORDER The crime of rebellion is complete the very moment a group of rebels rise
publicly and take arms against the Government, for the purpose of
overthrowing the same by force. Rising publicly and taking arms against the
Chapter 1: Rebellion, Coup detat, Sedition and Disloyalty government is the normative element of the offense, while the Intent or
purpose is the subjective element.
Art. 134: Rebellion or insurrection
The crime of rebellion or insurrection is committed by rising publicly and taking Distinguish
arms against the Government for the purpose of removing from the allegiance to 1. Treason and Rebellion
said Government or its laws, the territory of the Philippine Islands or any part Treason Levying war against the government; mere adhering to the
thereof, of any body of land, naval or other armed forces, depriving the Chief enemy, giving him aid and comfort.
Executive or the Legislature, wholly or partially, of any of their powers or Rebellion Levying war against the government during peace time. Taking
prerogatives. up arms against the Government.
2. Subversion and Treason
Elements: (TAE)
Subversion crime against national security
a. That there be (a) public uprising and (b) taking arms against the Government
Rebellion crime against public order
b. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its loaws
Rule by exclusion point: During the time of war
i. the territory of the Philippines or any part thereof; or

ii. any body of land, naval or other armed forces; or
2. to deprive the Chief Executive or Congress, wholly or partially of any of Art. 134-A: Coup d'etat; How committed
their powers or prerogatives The crime of coup d'etat is a swift attack accompanied by violence, intimidation,
threat, strategy or stealth, directed against duly constituted authorities of the
Rebellion Republic of the Philippines, or any military camp or installation, communications
1. Rebellion Object of the movement is completely to overthrow and supersede network, public utilities or other facilities needed for the exercise and continued
the government. possession of power, singly or simultaneously carried out anywhere in the
By its nature a crime of masses, of multitude. (Peoplve v. Almazan) Philippines by any person or persons, belonging to the military or police or
Not merely a challenge to authorities, but also civil war on a bigger or holding any public office of employment with or without civilian support or
lesser scale. (People v. Hernandez) participation for the purpose of seizing or diminishing state power.
The purpose of the uprising must be shown to constitute rebellion. (U.S. v.
Constantino) Elements: (PSAS)
2. Insurrection a movement which seek merely to effect some change of minor a. That the offender is a person or persons belonging to the military or police or
importance, or to prevent the exercise of governmental authority with respect to holding any public office or employment;
particular matters or subjects. b. That it is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy, or stealth;
Consumation c. That the attack is directed against duly constituted authorities of the Republic of
An actual clash of arms with government forces no necessary, the mere the Philippines, or any military camp or installation, communication networks, public
fact of being identified and openly fighting against the government is utilities or other facilities needed for the exercise and continued possession of
enough. (People v. Cube) power;
Acting as couriers or spies for the rebels are also guilty of rebellion d. That the purpose of the attack is to seize or diminish state power.

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Art. 135: Penalty for rebellion, insurrection or coup d'etat 2. If the leader is unknown, those who in fact directed the others, spoke for them,
Any person who promotes, maintains, or heads rebellion or insurrection shall signed receipts and other documents issued in their name, or performed similar acts
suffer the penalty of reclusion perpetua. on behalf of the rebels, shall be deemed as the leader.
Any person merely participating or executing the commands of others in a 3. Mere assistant to a principal is only guilty as a participant in the commission of
rebellion shall suffer the penalty of reclusion temporal. the crime of rebellion.
4. Inasmuch as the acts specified in Art. 135 constitute one single crime, it follows
Any person who leads or in any manner directs or commands others to undertake necessarily that said acts offer no occasion for the application of Art. 48 which
a coup d'etat shall suffer the penalty of reclusion perpetua. requires therefor the commission of, at least, two crimes. (People v. Hernandez)
5. If the killing or robbery during the rebellion is without political motivation it shall
Any person in the government service who participates, or executes directions or be separately punished. (People v. Geronimo.
commands of others in undertaking a coup d'etat shall suffer the penalty of
prision mayor in its maximum period. Art. 136: Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection
Any person not in the government service who participates, or in any manner The conspiracy and proposal to commit coup d'etat shall be punished by prision
supports, finances, abets or aids in undertaking a coup d'etat shall suffer the mayor in minimum period and a fine which shall not exceed eight thousand pesos
penalty of reclusion temporal in its maximum period. (P8,000.00).

When the rebellion, insurrection, or coup d'etat shall be under the command of The conspiracy and proposal to commit rebellion or insurrection shall be punished
unknown leaders, any person who in fact directed the others, spoke for them, respectively, by prision correccional in its maximum period and a fine which shall
signed receipts and other documents issued in their name, as performed similar not exceed five thousand pesos (P5,000.00) and by prision correccional in its
acts, on behalf or the rebels shall be deemed a leader of such a rebellion, medium period and a fine not exceeding two thousand pesos (P2,000.00).
insurrection, or coup d'etat.
Crimes punished:
Who are liable a. Conspiracy to commit rebellion; and
1. The leaders b. Proposal to commit rebellion.
a. Any person who promotes, maintains, or heads a rebellion or
insurrection; or Definition:
b. Any person who leads, directs, or commands others to undertake a coup a. Conspiracy to commit rebellion two or more persons come to an agreement to
detat. rise publicly and take arms against the Government for any of the purposes of
2. The participants rebellion and decide to commit it.
a. Any person who participates, or executes the commands of others in b. Proposal to commit rebellion person who has decided to rise publicly and take
rebellion, or insurrection; arms against the Government for any of the purposes of rebellion proposes its
b. Any person in the government service who participates, or executes execution to some other person or persons
directions or commands of others in undertaking a coup detat.
c. Any person not in the government service who participates, supports,
Art. 137: Disloyalty of public officers or employees
finances, abets, or aids in the undertaking a coup detat.
The penalty of prision correccional in its minimum period shall be imposed upon

public officers or employees who have failed to resist a rebellion by all the means
Rules regarding attachment to the crime
in their power, or shall continue to discharge the duties of their offices under the
1. Public officer must take active part to be liable; omission is not punishable in
control of the rebels or shall accept appointment to office under them.
rebellion. (U.S. v. Radivas)
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Act punished: (FCA) 2. To prevent the National Government, or any provincial or municipal
Offender must be a public officer or employee during the existence of a rebellion by government or any public officer thereof from freely exercising its or his
other persons (connotes that there must be no conspiracy). functions, or prevent the execution of any administrative order;
a. By failing to resist a rebellion by all the means in their power; or
b. By continuing to discharge the duties of their offices under the control of the 3. To inflict any act of hate or revenge upon the person or property of any
rebels; or public officer or employee;
c. By accepting appointment to office under them.
4. To commit, for any political or social end, any act of hate or revenge against
Art. 138: Inciting a rebellion or insurrection private persons or any social class; and
The penalty of prision mayor in its minimum period shall be imposed upon any
5. To despoil, for any political or social end, any person, municipality or
person who, without taking arms or being in open hostility against the
province, or the National Government (or the Government of the United States),
Government, shall incite others to the execution of any of the acts specified in
of all its property or any part thereof.
article 134 of this Code, by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
Elements: (PEP)
Elements: (NES)
a. That the offenders rise:
a. That the offender does not take arms or is not in open hostility against the
1. Publicly (if no public uprising = tumult and other disturbance of public
government;
order)
b. That he incites others to the execution of any of the acts of rebellion;
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
c. That the inciting is done by means of speeches, proclamations, writings, emblems,

banners or other representations tending to the same end.
b. That they employ force, intimidation, or other means outside of legal methods;

c. That the offenders employ any of those means to attain any of the following
Inciting to rebellion distinguished from proposal
objects:
1. In both crimes, the offender induces another to commit rebellion.
1. To prevent the promulgation or execution of any law or the holding of
2. In proposal, the person who proposes has decided to commit rebellion;
any popular election;
In inciting to rebellion, it is not required that the offender has decided to commit
2. To prevent the national government, or any provincial or municipal
rebellion.
government, or any public thereof from freely exercising its or his functions,
3. In proposal, the person who proposes the execution of the crimes uses secret
or prevent the execution of any administrative order;
means;
3. To inflict any act or hate or revenge upon the person or property of any
In inciting to rebellion, the act of inciting is done publicly.
public officer or employee;

4. To commit for any political or social end, any act of hate or revenge
Note: Rebellion should not be committed by the persons proposed to or who are
against private persons or any social class (hence, even private persons may
incited. Otherwise, the person who incited them shall be a principal by inducement.
be offended parties);

5. To despoil, for any political or social end, any person, municipality or
Art. 139: Sedition; How committed province, or the national government of all its property or any part thereof.
The crime of sedition is committed by persons who rise publicly and tumultuously
in order to attain by force, intimidation, or by other means outside of legal Sedition
methods, any of the following objects: 1. Sedition
1. To prevent the promulgation or execution of any law or the holding of any In its general sense, is the raising of commotions or disturbances in the
popular election; state. (People v. Cabrera)

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
The ultimate object of sedition is a violation of the public peace or at least same end, or upon any person or persons who shall utter seditious words or
such a course of measures as evidently engenders it. (People v. Perez) speeches, write, publish, or circulate scurrilous libels against the Government (of
the United States or the Government of the Commonwealth) of the Philippines, or
Distinguishing Sedition any of the duly constituted authorities thereof, or which tend to disturb or
1. Sedition compared with rebellion obstruct any lawful officer in executing the functions of his office, or which tend
In both crimes, there must be public uprising. to instigate others to cabal and meet together for unlawful purposes, or which
In Rebellion there must be taking up of arms against the government; in suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up
Sedition, it is sufficient that the public uprising is tumultuous. the people against the lawful authorities or to disturb the peace of the
In Sedition, the purpose of the offenders may be political or social; in community, the safety and order of the Government, or who shall knowingly
Rebellion, it is always political. conceal such evil practices.
Acts Punished: (IUK)
2. Sedition compared with treason a. Inciting others to the accomplishment of any of the acts which constitute sedition
Treason, is the violation by a subject of his allegiance to his sovereign or by means of speeches, proclamations, writings, emblems etc.
liege, lord, or to the supreme authority of the state. b. Uttering seditious words or speeches which tend to disturb the public peace or
Sedition, is the raising of commotions or disturbances in the State. writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the
government or any of the duly constituted authorities thereof, which tend to disturb
Art. 140: Penalty for sedition the public peace
The leader of a sedition shall suffer the penalty of prision mayor in its minimum Filipinos, like myself, must use bolos for cutting off Woods head for
period and a fine not exceeding 10,000 pesos. having recommended a bad thing for the Filipino, for he has killed our
Other persons participating therein shall suffer the penalty of prision correccional independence (People v. Perez)
in its maximum period and a fine not exceeding 5,000 pesos. c. Knowingly concealing such evil practices

Elements: (DIM)
Persons liable for sedition:
a. That the offender does not take a direct part in the crime of sedition
1. The leader of the sedition; and
b. That he incites others to the accomplishment of any of the acts which constitute
2. Other persons participating in the sedition.
sedition (134)

c. That the inciting is done by means of speeches, proclamations, writing, emblems,
Art. 141: Conspiracy to commit sedition cartoons, banners, or other representations tending to the same end (purpose:
Persons conspiring to commit the crime of sedition shall be punished by prision cause commotion not exactly against the government; actual disturbance not
correccional in its medium period and a fine not exceeding 2,000 pesos. necessary)
Note: Art. 141 punishes only conspiracy to commit sedition. Hence, proposal to
commit sedition is not punishable. Note: The reason why utterances are prohibited is because the state cannot wait
until the apprehended danger became certain, and then its right to protect itself
would come into being simultaneously with the overthrow of the government.
Art. 142: Inciting to sedition
The penalty of prision correccional in its maximum period and a fine not
Scurrilous libel
exceeding 2,000 pesos shall be imposed upon any person who, without taking any
1. Scurrilous low, vulgar, mean or foul.
direct part in the crime of sedition, should incite others to the accomplishment of
A positioned himself depicting that he was lifelessly hanging in a tree with
any of the acts which constitute sedition, by means of speeches, proclamations,
a note that reasoned his discontent with the Roxas administration. The
writings, emblems, cartoons, banners, or other representations tending to the

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
letter is scurrilous against the government as it undermines its security or The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or
weakened the confidence of the people. (Espuelas v. People) both, shall be imposed upon any person who, by force or fraud, prevents the
A theatrical play where the words uttered or speeches delivered where meeting of the National Assembly (Congress of the Philippines) or of any of its
seditious were punished. (U.S. v. Tolentino) committees or sub-committees, constitutional commissions or committees or
Proposal to throw grenades in a public place, intended to cause common divisions thereof, or of any provincial board or city or municipal council or board.
commotion as an act of hate against the police force is inciting to sedition. Elements: (PP)
(People v. Quimpo) a. That there be a projected or actual meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or division thereof, or
2. When is uttering seditious words or speeches punishable? of any provincial board or city or municipal council or board;
They tend to disturb or obstruct any lawful officer in executing the b. That the offender who may be any persons prevents such meeting by force or
functions of his office; or fraud.
They tend to instigate others to cabal and meet together for unlawful
purposes; or
Art. 144: Disturbance of proceedings
They suggest or incite rebellious conspiracies or riots; or The penaly of arresto mayor or a fine of 200 to 1,000 pesos shall be imposed upon
They lead or ten to stir up the people against the lawful authorities or to any person who disturbs meetings of the National Assembly (Congress of the
disturb the peace of the community, the safety and order of the Philippines) or any of its committees or subcommittees, constitutional
government. commissions or committees or division thereof, or if any provincial board or city
Note: What is important is that the utterance may endanger public order. (People v. or municipal council or board, or in the presence of any such bodies should
Nabong) behave in such a manner as to interrupt its proceedings or to impair the respect
due to it.
3. Rules relative to seditious words:
Elements: (C-DI)
Clear and present danger rule By uttering them there is danger of public
a. That there be a meeting of Congress or any of its committees, constitutional
uprising and that such danger should be both clear and imminent. The
commissions or committees or divisions thereof, or of any provincial board or city
danger must not only be probable but very likely inevitable.
or municipal council or board;
Dangerous tendency rule Tends to create a danger of public uprising. The
b. That the offender does any of the following acts:
words uttered or published could easily produce disaffection among the
1. He disturbs any of such meetings;
people and a state of feeling in them incompatible with a disposition to
2. He behaves while in the presence of any such bodies in such a manner as to
remain loyal to the Government and obedient to the laws.
interrupt its proceedings or to impair the respect due it.



Note: The mayor called a meeting. A heated exchange of words among the mayor,
councilor and chief of police ensued; the chief of police is guilty of unjust vexation.
Chapter 2: Crimes against popular representation (Legislative body, provincial board, city or municipal council is required)
Furthermore, the assembly may also punish a person by contempt. (Contempt
Section 1 Crimes against legislative bodies and similar Coercive; Crime Punitive)
bodies

Art. 143: Act tending to prevent the meeting of the Assembly and similar
Section 2 Violation of parliamentary immunity
bodies
Art. 145: Violation of parliamentary immunity

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The penaly of prision mayor shall be imposed upon any person who shall use punishable under this Code, or of any meeting in which the audience is incited to
force, intimidation, threats or fraud to prevent any member of the National the commission of the crime of treason, rebellion or insurrection, sedition or
Assembly (Congress of the Philippines) from attending the meetings of the assault upon a person in authority or his agents. Persons merely present at such
Assembly (Congress) or of any of its committees or subcommittees, constitutional meeting shall suffer the penalty of arresto mayor, unless they are armed, in which
commissions or committees or divisions thereof, from expressing his opinions or case the penalty shall be prision [Link] robles virtual law library
casting his vote; and the penalty of prision correccional shall be imposed upon any
public officer or employee who shall, while the Assembly(Congress) is in regular If any person present at the meeting carries an unlicensed firearm, it shall be
or special session, arrest or sear any member thereof, except in case such presumed that the purpose of said meeting, insofar as he is concerned, is to
member has committed a crime higher than prision mayor. commit acts punishable under this Code, and he shall be considered a leader or
organizer of the meeting within the purview of the preceding paragraph.


Elements: (ACEU)
As used in this article, the word "meeting" shall be understood to include a
a. By using force, intimidation, threats, or frauds to prevent any member of
gathering or group, whether in a fixed place or moving.
Congress from
1. Attending the meeting of the assembly or any of its committees,
constitutional commissions or committees or divisions thereof, or from; Elements
2. Expressing his opinions; or 1. Any meeting attended by armed persons for the purpose of committing any of
3. Casting his vote. the crimes punishable under the Code.
b. By arresting or searching any member thereof while Congress is in a regular or Requisites: (MAP)
special session, except in case such member has committed a crime punishable a. That there is a meeting, a gathering or group of persons, whether in a fixed place
under the code by a penalty higher than prision mayor ( 6 years up ) or moving;
b. That the meeting is attended by armed persons;
Elements: (PASP) c. That the purpose of the meeting is to commit any of the crimes punishable under
1. That the offender is a public officer or employee; the code.
2. That he arrests or searches any member of Congress;
3. That Congress, at the time of arrest or search, is in a regular or special session; 2. Any meeting in which the audience, whether armed or not, is incited to the
4. That the member searched has not committed a crime punishable under the commission of the crime of treason, rebellion or insurrection, sedition or assault
code by a penalty higher than prision mayor (1987 constitution: privilege from upon a person in authority of his agents.
arrest while congress in session in all offenses punishable by not more than 6 years Requisites: (MI)
imprisonment). a. That there is a meeting, a gathering, or group of persons, whether in a fixed place
or moving.
Note: Parliamentary immunity guarantees the legislator complete freedom of b. That the audience, whether armed or not, is incited to the commission of the
expression without fear of being made responsible in criminal or civil actions before crime of treason, rebellion or insurrection, sedition or direct assault.
the courts or any other forum outside of the congressional hall.
Persons liable
Chapter 3 Illegal Assemblies and Associations 1. Participants
Organizers or leaders of the meeting
Art. 146: Illegal assemblies Persons merely present at the meeting (must have common intent to
The penalty of prision correccional in its maximum period to prision mayor in its commit the felony of illegal assembly)
medium period shall be imposed upon the organizers or leaders of any meeting 2. Responsibilities
attended by armed persons for the purpose of committing any of the crimes if they are not armed, penalty is arresto mayor
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if they carry arms, like bolos or knives, or licensed firearms, penalty is Taking up arms against the Government, the offender being a member of
prision correccional such subversive association or organization.
3. Presumption when at the meeting carries an unlicensed firearm
purpose of the meeting is to commit acts punishable under the RPC
considered as leader or organizer of the meeting Chapter 4 Assault upon, and Resistance and
Disobedience to, Persons in Authority and their Agents
Art. 147: Illegal associations
Art. 148: Direct assault
The penalty of prision correccional in its minimum and medium periods and a fine
Any person or persons who, without a public uprising, shall employ force or
not exceeding 1,000 pesos shall be imposed upon the founders, directors, and
intimidation for the attainment of any of the purpose enumerated in defining the
presidents of associations totally or partially organized for the purpose of
crimes of rebellion and sedition, or shall attack, employ force, or seriously
committing any of the crimes punishable under this Code or for some purpose
intimidate or resist any person in authority or any of his agents, while engaged in
contrary to public morals. Mere members of said associations shall suffer the
the performance of official duties, or on occasion of such performance, shall
penalty of arresto mayor.
suffer the penalty of prision correccional in its medium and maximum periods and
a fine not exceeding P1,000 pesos, when the assault is committed with a weapon
What are illegal associations? or when the offender is a public officer or employee, or when the offender lays
1. Associations totally or partially organized for the purpose of committing any of hands upon a person in authority. If none of these circumstances be present, the
the crimes punishable under the code. penalty of prision correccional in its minimum period and a fine not exceeding
2. Associations totally or partially organized for some purpose contrary to public P500 pesos shall be imposed.
morals


Elements of the first form: (FRN)

a. That the offender employs force or intimidation.
Persons liable:
b. That the aim of the offender is to attain any of the purposes of the crime of
1. Founders, directors and president of the association.
rebellion or any of the objects of the crimes of sedition. (victim need not be person
2. Mere members of the association.
in authority)

c. That there is no public uprising.
Distinguishing Illegal association from Illegal assembly
Chief of police together with 4 policemen, entered the house of the
1. Illegal assembly, an actual meeting or assembly of armed persons for the purpose
municipal president and held him for four hours because of failure to
of committing any of the crimes punishable under the code. Illegal association, it is
disperse their salaries. The crime is direct assault for revenge upon a public
not necessary that there be an actual meeting.
officer
2. Illegal assembly, meeting and attendance at such meeting are punished; Illegal

associations, act of forming, organizing and membership are punished.
Elements of the second form: (APE-KN)
3. Illegal assembly, the person liable (a) the organizers or leaders and (b) persons
a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious
present at the meeting; Illegal association, (a) founders, directors and president and
intimidation, or (d) makes a serious resistance.
(b) members.
b. That the person assaulted is a person in authority or his agent.

c. That at the time of the assault the person in authority or his agent (a) is engaged
Note: Subversion (Repealed)
in the actual performance of official duties (motive is not essential), or that he is
Knowingly, willfully, and by over act affiliating with, becoming or
assaulted (b) by reason of the past performance of official duties (motive is
remaining a member of a subversive association or organization
essential).

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d. That the offender knows that the one he is assaulting is a person in authority or 4. Knowledge of the offended party as an agent of authority is essential and must
his agent in the exercise of his duties (with intention to offend, injure or assault). be alleged in the information.
e. That there is no public uprising. 5. Evidence of motive is important when the person in authority or his agent is not
in the actual performance of his official duty.
First element
Note: Persons not acting in authority:
FORCE EMPLOYED INTIMIDATION/RESISTANCE When he exceeds his power or acts without authority
Person in authority Need not be serious Serious When he/she descends to matters which are private in nature.
Agent Must be of serious Serious
character Qualified assault
1. Two kinds:
1. Serious Hitting in the breast, pushing without hitting is not serious. a. Simple assault
2. Intimidation or resistance Must be serious and resistance must be active. b. Qualified assault

Second element Person in Authority or his Agent 2. Qualified
1. Persons in authority any person directly vested with jurisdiction, whether as a a. When the assault is committed with a weapon; or (firearm, sharp and cutting
member of some court or governmental corporation, board or commission. instruments can also be clubs or stones)
Powers and duties vested in him by law should be determined. b. When the offender is a public officer or employee; or
2. Agent in Authority By direct provision of law or by election or by appointment c. When the offender lays hands upon the person in authority.
by competent authority is charged with the (a) maintenance of public order and (b) 3. Can be complexed with homicide, murder or with serious physical injuries
protection and security of life and property. 4. Slight physical injury is absorbed

Note: Functions of the person in authority or his agent must be clearly shown in the Art. 149: Indirect assaults
information. The penalty of prision correccional in its minimum and medium periods and a fine
not exceeding P500 pesos shall be imposed upon any person who shall make use
3. In the performance of duty or by reason thereof of force or intimidation upon any person coming to the aid of the authorities or
a. Those engaged in the performance of official duties their agents on occasion of the commission of any of the crimes defined in the
i. A killed the governor while in the performance of his duties, the charge next preceding article.
is complex crime of direct assault with murder. (U.S. v. Baluyot)
Elements: (VAFI)
ii. Elbowed the governor when he was going down the stairs for inspection.
a. That a person in authority or his agent is the victim of any of the forms of direct
iii. When a barrio captain tried to stop the accused, in doing so, his person
assault defined in ART. 148;
was attacked.
b. That a person comes to the aid of such authority or his agent;
iv. A fiscal on his way to an area encountered a service truck that was
c. That the offender makes use of force or intimidation upon such person coming
zigzagging
to the aid of the authority or his agent.
v. A teacher who travels from one place to another to deliver school

reports.
Note: It can only apply when direct assault is committed. A is a police officer
b. On occasion of such performance impelling motive of the attack is the
attacked by B, C comes to aid and force and intimidation is used against him. The
performance of official duty.
crime against A is direct assault while the crime against C is indirect assault.
i. A is a teach walking on the beach and was attacked by his former

student who got a failing mark on his grade under the said teacher.

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When the disobedience to an agent of a person in authority is not of a serious

nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall
Art. 150: Disobedience to summons issued by the National Assembly, its
be imposed upon the offender.
committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions Elements of resistance and serious disobedience (Par. 1): (E-RD-N)
The penalty of arresto mayor or a fine ranging from two hundred to one thousand a. That a person in authority or his agent is engaged in the performance of official
pesos, or both such fine and imprisonment shall be imposed upon any person duty or gives a lawful order to the offender.
who, having been duly summoned to attend as a witness before the National b. That the offender resists or seriously disobeys such person in authority.
Assembly, (Congress), its special or standing committees and subcommittees, the c. That the act of the offender is not included in the provisions of Art. 148, 149 and
Constitutional Commissions and its committees, subcommittees, or divisions, or 150.
before any commission or committee chairman or member authorized to
summon witnesses, refuses, without legal excuse, to obey such summons, or Note:
being present before any such legislative or constitutional body or official, refuses Disobedience contemplated consists in the failure or refusal to obey a
to be sworn or placed under affirmation or to answer any legal inquiry or to direct order from authority or his agent
produce any books, papers, documents, or records in his possession, when Must have knowledge that the person arresting him is a peace officer
required by them to do so in the exercise of their functions. The same penalty
If the police officers did not identify themselves and they have been
shall be imposed upon any person who shall restrain another from attending as a
mistaken to be bandits, resistance is justified.
witness, or who shall induce disobedience to a summon or refusal to be sworn by

any such body or official.
Elements of simple disobedience (EDN)
a. That an agent of a person in authority is engaged in the performance of official
Acts punished: (OSARI) duty or gives a lawful order to the offender.
a. Refusing without legal excuse to obey summons; b. That the offender disobeys such agent of a person in authority
b. Refusing to be sworn or placed under affirmation; c. That such disobedience is not of a serious nature
c. Refusing to answer any legal inquiry to produce books, records etc.;
d. Restraining another from attending as witness in such body; Note:
e. Inducing disobedience to a summons or refusal to be sworn. Order must be lawful
Disobedience should not be of a serious nature
Note: Art. 150 does not apply when the papers or documents may be used in
evidence against him. (Uy Khaytin v. Villareal)
Article 151: Persons in authority and agents of persons in authority; Who
shall be deemed as such
Art. 151: Resistance and disobedience to a person in authority or the In applying the provisions of the preceding and other articles of this Code, any
agents of such person person directly vested with jurisdiction, whether as an individual or as a member
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed of some court or governmental corporation, board, or commission, shall be
upon any person who not being included in the provisions of the preceding deemed a person in authority. A barrio captain and a barangay chairman shall
articles shall resist or seriously disobey any person in authority, or the agents of also be deemed a person in authority.
such person, while engaged in the performance of official duties.
A person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as a barrio councilman, barrio

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policeman and barangay leader and any person who comes to the aid of persons rebellion or sedition or in such place shall display placards or emblems which
in authority, shall be deemed an agent of a person in authority. provoke a disturbance of the public order.

In applying the provisions of Articles 148 and 151 of this Code, teachers, The penalty of arresto menor and a fine not to exceed 200 pesos shall be imposed
professors and persons charged with the supervision of public or duly recognized upon those persons who in violation of the provisions contained in the last clause
private schools, colleges and universities, and lawyers in the actual performance of Article 85, shall bury with pomp the body of a person who has been legally
of their professional duties or on the occasion of such performance, shall be executed.
deemed persons in authority.
What are tumults and other disturbances? (SI-POP)
Example of persons in authority:
1. Municipal mayor Causing any serious disturbance in a public place, office, or establishment
2. Division superintendent of schools o Disturbance must be planned or intended
3. Public and private school teachers o When the disturbance was not planned, the crime may only be alarm
4. Teacher-nurse Interrupting or disturbing performances, functions or gatherings, or peaceful
5. President of sanitary division meetings, if act is not included in articles 131 and 132 (peaceful meeting,
6. Provincial fiscal religious worship)
7. Justice of peace o The determining factor here is whether the offender is a public officer
8. Municipal councilor o If he is a public officer, then Arts 131-132 will apply.
9. Barrio captain o Art 153 applies when
the offender is not a public officer
the offender is a public officer who is a participant in the
Chapter 5 Public Disorders meeting or religious worship.
Making any outcry tending to incite rebellion or sedition in any meeting,
Art. 153 Tumults and other disturbances of public order association, or public place
The penalty of arresto mayor in its medium period to prision correccional in its o Outcry to shout subversive or provocative words
minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any o Tending to stir the people up to rebellion or sedition
person who shall cause any serious disturbance in a public place, office or o There must be no intent for this article to apply
establishment, or shall interrupt or disturb public performances, functions or An outcry is an unconscious outburst the offender did not
gatherings, or peaceful meetings, if the act is not included in the provisions of plan for his words to induce others to sedition or rebellion.
Articles 131 and 132. If there was intent behind his words, then the crime is
inciting to commit sedition or rebellion
The penalty next higher in degree shall be imposed upon persons causing any
Displaying placards or emblems which provoke a disturbance of public order in
disturbance or interruption of a tumultuous character.
such place
Burying with pomp the body of a person who has been legally executed
The disturbance or interruption shall be deemed to be tumultuous if caused by

more than three persons who are armed or provided with means of violence.
Qualifying Circumstance
Penalty next higher shall be imposed if the disturbance is tumultuous in
The penalty of arresto mayor shall be imposed upon any person who in any
character
meeting, association, or public place, shall make any outcry tending to incite
Tumultuous -- > 3 persons who are armed or provided with means of violence

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Art. 154 Unlawful use of means of publication and unlawful utterances Maliciously publishing or causing to be published any official resolution or
The penalty of arresto mayor and a fine ranging from 200 to 1,000 pesos shall be document without proper authority, or before they have been published
imposed upon: officially
o Punished by RA 248 reprintin of government publications and official
1. Any person who by means of printing, lithography, or any other means of documents without previous authority
publication shall publish or cause to be published as news any false news which Printing, publishing or distributing (or causing the same) books, pamphlets,
may endanger the public order, or cause damage to the interest or credit of the periodicals, or leaflets which do not bear the real printers name, or which are
State; classified as anonymous.

2. Any person who by the same means, or by words, utterances or speeches, shall Art. 155 Alarms and Scandals
encourage disobedience to the law or to the constituted authorities or praise, The penalty of arresto menor or a fine not exceeding 200 pesos shall be imposed
justify, or extol any act punished by law; upon:

3. Any person who shall maliciously publish or cause to be published any official 1. Any person who within any town or public place, shall discharge any firearm,
resolution or document without proper authority, or before they have been rocket, firecracker, or other explosive calculated to cause alarm or danger;
published officially; or
2. Any person who shall instigate or take an active part in any charivari or other
4. Any person who shall print, publish, or distribute or case to be printed, disorderly meeting offensive to another or prejudicial to public tranquility;
published, or distributed books, pamphlets, periodicals, or leaflets which do not
bear the real printers name, or which are classified as anonymous. 3. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
Acts Punished: (FEOR)
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
Publishing or causing to be published, by means of printing, lithography, or any scandal in public place, provided that the circumstances of the case shall not
other means of publication, as news any false news which may endanger the make the provisions of Article 153 applicable.
public order, or cause damage to the interest or credit of the State.
o Actual damage or disorder is not necessary Acts Punished : (DINC)
o The usage of may
o The mere possibility of causing such danger or damage is sufficient. Discharging any firearm, rocket, firecracker or other explosive within any town
o The offender must know that the news is false. or public place, calculated to cause alarm or danger
There must be criminal intent o Firearm should not be aimed at a person otherwise, discharge of
o If there is no possibility of danger or damage, then this article is not firearm
applicable o It is the result that counts the act must produce alarm or danger
Encouraging disobedience to the law or to the constituted authorities, or by o No distinction as to particular place as long as it produces alarm or
praising, justifying or extolling any act punished by law, by the same means or danger
by words, utterances or speeches Instigating or taking an active part in any charivari or other disorderly meeting
o Ex. Distributing leaflets urging people to disobey the National Defense offensive to anther or prejudicial to public tranquility
Act requiring compulsory military training. o Charivari medley of discordant voices, discordant noises designed to
offend and insult
o It is punished to prevent more serious disorders.
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Disturbing the public peace while wandering about at night or while engaged in Bribery referred to here is a means of delivering the prisoner
any other nocturnal amusements If the offender commits this crime by reason of a bribe, then
Causing any disturbance or scandal in public places while intoxicated or it serves as a generic aggravating circumstance
otherwise, provided Art 153 is not applicable o Neither is deceit an element
o Ex. Person hurled a general insult at everyone in a billiard hall, causing o Mitigating circumstance if the escape takes place outside the prison,
commotion and disorder. no serious disturbance created. by taking the guards by surprise
o If disturbance is serious, Art 153 is applicable.
Chapter 6 Evasion of Service of Sentence
Art. 157: Evasion of service of sentence
Art. 156 Delivering Prisoners from Jail The penalty of prision correccional in its medium and maximum periods shall be
The penalty of arresto mayor in its maximum period to prision correccional in its imposed upon any convict who shall evade service of his sentence by escaping
minimum period shall be imposed upon any person who shall remove from any during the term of his imprisonment by reason of final judgment. However, if such
jail or penal establishment any person confined therein, or shall help the escape evasion or escape shall have taken place by means of unlawful entry, by breaking
of such person, by means of violence, intimidation or bribery. If other means are doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys,
used, the penalty of arresto mayor shall be imposed. deceit, violence or intimidation, or through connivance with other convicts or
employees of the penal institution, the penalty shall be prision correccional in its
If the escape of the prisoner shall take place outside of said establishments by maximum period.
taking the guards by surprise, the same penalties shall be imposed in their

minimum period.
Elements: (FLE)
a. That the offender is a convict by final judgment.
Elements : (CR) b. That he is serving his sentence which consists in deprivation of liberty (destierro
included)
1. There is a person confined in a jail or penal establishment c. That he evades the service of his sentence by escaping during the term if his
2. The offender removes therefrom such person, or helps the escape of such sentence. (fact of return immaterial).
person
Note: Not applicable in deportation since it is an administrative proceeding.

Person confined Escape
o May be a mere detention prisoner 1. Escape flee from; to avoid; to get out of the way, as to flee to avoid arrest. It
o Hospital or asylum is considered jail or prison requires acts and mere intent while being spotted loitering the courthouse where
Offender removes such person they can easily be identifiable is not escaping.
o Offender : usually an outsider
o Art 156 can also be applied to an employee 2. Qualifying circumstance:
Provided he does not have custody of such person By means of unlawful entry (this should be by scaling or climbing)
Guard of jail, when off duty, may be liable By breaking doors, windows, gates, walls, roofs or floors;
If public officer, with custody of prisoner, he is liable under By using picklocks, false keys, disguise, deceit, violence or intimidation; or
Art 223, infidelity in custody of prisoners Through connivance with other convicts or employees of the penal
o The offender is any person institution.
o Violence, intimidation, or bribery are not elements, but serve to
aggravate the penalty.
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Art. 158: Evasion of service of sentence on the occasion of disorder, Art. 159: Other case of evasion of service of sentence
conflagrations, earthquakes, or other calamities The penalty of prision correccional in its minimum period shall be imposed upon
A convict who shall evade the service of his sentence, by leaving the penal the convict who, having been granted conditional pardon by the Chief Executive,
institution where he shall have been confined, on the occasion of disorder shall violate any of the conditions of such pardon. However, if the penalty
resulting from a conflagration, earthquake, explosion, or similar catastrophe, or remitted by the granting of such pardon be higher than six years, the convict shall
during a mutiny in which he has not participated, shall suffer an increase of one- then suffer the unexpired portion of his original sentence.
fifth of the time still remaining to be served under the original sentence, which in
no case shall exceed six months, if he shall fail to give himself up to the Conditional pardon
authorities within forty-eight hours following the issuance of a proclamation by It is a contract between the Chief executive and the convict who accepts it. The
the Chief Executive announcing the passing away of such calamity. pardoned convict is bound to fulfill its conditions and accept all its consequences,
not as he chooses, but according to strict terms.
Convicts who, under the circumstances mentioned in the preceding paragraph,
shall give themselves up to the authorities within the above mentioned period of Elements: (CGV)
48 hours, shall be entitled to the deduction provided in Article 98. a. That the offender was a convict
b. That he was granted a conditional pardon by the Chief Executive.
Elements: (CDEF) c. That he violated any of the conditions of such pardon.
a. That the offender is a convict by final judgement who is confined in a penal I. Penalties
institution. a. Prision correccional in its minimum if he penalty remitted does not exceed 6
b. That there is disorder, resulting from- years
1. conflagration, b. The unexpired portion of his original sentence if the penalty remitted is higher
2. earthquake, or than 6 years.
3. explosion, or Notes:
4. similar catastrophes, or Offender must have been found guilty of the subsequent offense before
5. mutiny, not participated by the offender. he can be prosecuted under this Article. But if under Revised Admin Code,
c. That the offender evades the service of his sentence by leaving the penal no conviction necessary. President has power to arrest, reincarnate
institution where he is confined, on the occasion of such disorder or during the offender without trial
mutiny. Article 159 is a distinct felony. It is a substantive crime. For one to suffer
d. That the offender fails to give himself up to the authorities within 48 hours the consequence of its violation, the prisoner must be formally charged in
following the issuance of sa proclamation by the chief executive announcing the court. He will be entitled to a full blown hearing, in full enjoyment of his
passing away of such calamity. right to due process. Only after a final judgment has been rendered against
him may he suffer the penalty prescribed under Article 159 (Torres vs.
Note: Gonzales, et al.)
If offender fails to surrender, 1/5 of the time still remaining to be served The president has the specific power to authorize the arrest and
by him shall be imposed provided that it does not exceed 6 months reincarceration of any convicted person granted pardon or parole who, in
If offender gives himself up within 48 hours are given reduction by 1/5 of his judgment, shall fail to comply with the condition or conditions of his
their time to be served. pardon or parole. (Tesoro v. Director of prisons)
Violation of pardon Ordinary evasion
Infringment of conditions/terms of the To evade the penalty given by the
President courtsdisturbs the public order

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Chapter 7 Commission of another crime during service of It makes no difference whether the crime for which an accused is serving
sentence, at the time of the commission of the offense charged, falls under
penalty imposed for another previous offense. said Code or under a special law. (People v. Peralta)
Quasi-recidivism cannot be offset by ordinary mitigating circumstances.
Reiteration shall have served out his sentence for prior offenses
Art. 160: Commission of another crime during service of penalty imposed If at aged 70, quasi-recidivist may be pardoned.
for another offense; Penalty A quasi-recidivist cannot be pardoned
Besides the provisions of Rule 5 of Article 62, 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.

Any convict of the class referred to in this article, who is not a habitual criminal,
shall be pardoned at the age of seventy years if he shall have already served out
his original sentence, or when he shall complete it after reaching the said age,
unless by reason of his conduct or other circumstances he shall not be worthy of
such clemency.

Elements: (CC)
a. That the offender was already convicted by final judgment of one offense.
b. That he committed a new felony before beginning to serve such sentence or
while serving the same.



Quasi-recidivism
1. Quasi-recidivism is a special aggravating circumstance where a person, after
having been convicted by final judgment, shall commit a new felony before
beginning to serve such sentence, or while serving the same.

2. Before beginning to serve such sentence
When the judgment of conviction of the lower court in the first offense
having been affirmed by the appellate court, and his commitment having
been ordered he committed the new felony while being taken to the
prison or jail
3. Or while serving the same
When a convict by final judgment shall commit a new felony while serving
his sentence for the first offense
Notes:

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person.
TITLE IV CRIMES AGAINST PUBLIC INTEREST 2. That the offender knew of the counterfeiting or forgery
3. That he used the counterfeit seal or forged signature or stamp
Chapter 1: Forgeries The offender under this article should not be the forger of the seal or
signature of the Chief Executive.
Section 1 Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief
Section 2 Counterfeiting coins
Executive
Art. 163 Making and importing and uttering false coins.
Art. 161 Counterfeiting the great seal of the Government of the Any person who makes, imports, or utters false coins, in connivance with
Philippine Islands, forging the signature or stamp of the Chief
counterfeiters ir importers, shall suffer:
Executive.
The penalty of reclusion temporal shall be imposed upon any person who shal 1. Prision mayor in its minimum and medium periods and a fine not exceeding
forge the Great Seal of the Government of the Philippines Islands or the signature 10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of
or stamp of the Chief Executive. the Central Bank of the Philippines of ten-centavo denomination or above.

Acts punished: (GSS) 2. Prision correccional in its minimum and medium periods and a fine not
1. Forging the Great Seal of the Government of the Philippines exceeding 2,000 pesos if the counterfeited coins be any of the mnor coinage of
2. Forging the signature of the President the Philippines or the Central Bank of the Philippines below the ten-centavo
3. Forging the stamp of the President denomination.

The Great Seal is beautifully described in Sec. 18 of the Revised 3. Prision correccional in its minimum period and a fine not to exceed 1,000 pesos
Administrative Code as amended by Com. Acts Nos. 602, 614, and 731 if th countefeited coin be currency of a foreign country. (As amended by RA No.
The custody and use of the Great Seal shall be and remain with the 4202, approved on June 19, 1965)
President of the Philippines
In a Government document where the signature of the President is forged, Elements: (FC-MIU-C)
the crime is forging the signature of the Chief Executive, not falsification. 1. That there be false or counterfeited coins
Art. 161 supplies the specific provision to govern such case 2. That the offender either made, imported, or uttered such coins
The signature of the President must be formed or imitated. If a document 3. That in case of uttering such false or counterfeited coins, he connived
is written above the actual signature of the President, the crime is not with the counterfeiters or importers
under Art. 161, but under Art. 171 or 172 Coin is a piece of metal stamped with certain marks and made current at a
certain value.
Art. 162 Using forged signature or counterfeit seal or stamp. A coin is forged or counterfeited if it is forged or it is not authorized by the
The penalty of prision mayor shall bei mposed upon any person who shall Government as legal tender, regardless of its extrinsic value.
knowingly make use of the counterfeit seal or forged signature or stamp Counterfeiting means the imitation of a legal or genuine coin.
mentioned in the preceeding article. Import means to bring them into port. Importation is complete before
entry at Customs House
Elements (CountFor-KU) Utter is to pass counterfeited coins. It includes their delivery or the act of
1. That the Great Seal of the Philippines as counterfeited or the giving them away.
signature or stamp of the Chief Executive was forged by another Kinds of coins the counterfeiting of which is punished: (SMF)

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1. Silver coin of the Philippines or coin of the Central Bank of Acts punished with Elements:
the Philippines 1. Possession of coin, counterfeited or mutilated by another person, with
2. Coin of the minor coinage of the Philippines or of the Central intent to utter the same, knowing that is false or mutilated (PIK)
Bank of the Philippines a. Possession
3. Coin of the currency of a foreign country b. with intent to utter, and
Minor coins are the coins below ten-centavo denomination c. Knowledge
Former coins withdrawn from circulation may be counterfeited. The word 2. Actually uttering such false or mutilated coin, knowing the same to be
coin under the provision does not have a qualifying word such as current false or mutilated (AK)
a. Actually uttering,
Art. 164 Mutilation of coins Importation and utterance of mutilated b. Knowledge
coins. Possession of or uttering false coin does not require that the counterfeited
The penalty of prision correccional in its minimum period and a fine not exceeding coin is legal tender
2,000 pesos shall be imposed upon any person who shall mutilate coins of the Constructive possession is included. The provision prohibits possession in
legal currency of the (United States or of the) Philippines Islands or import or general.
utter mutilated current coins, in the connivance with the mutilator or importer. Possession of counterfeiter or importer not punished as separate offense.
Accused must have knowledge of the fact that the coin is false. The
Acts punished: (MI) accused shall be punishable although without the connivance mentioned
1. Mutilating coins of the legal currency, with the further in the preceding articles
requirement that there be intent to damage or to defraud
another.
2. Importing or uttering such mutilated coins, with the further Section 3 Forging treasury or bank notes, obligations and
requirement that there must be connivance with the securities; importing and uttering false or forged notes,
mutilator or importer in case of uttering
Mutilation means to take off part of the metal either by filling it or obligations and securities
substituting it for another metal of inferior quality. It is to diminish by Art. 166 Forging treasury or bank notes or other documents payable
ingenious means the metal in the coin. to bearer; importing, and uttering such false or forged notes and
Offender must take advantage of the metal abstracted and does not do so documents.
for the sake of mutilating. The forging or falsification of treasury or bank notes or certificates or other
The coin mutilated must be of legal tender in mutilation. Only in this article obligations and securities payable to bearer and the importation and uttering in
that the law requires such as an element of the offense in the case of connivance with forgers or importers of such false or forged obligations or notes,
mutilation shall be punished as follows:
Coins of foreign currency not included
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000
pesos, if the document which has been falsified, counterfeited, or altered, is an
Art. 165 Selling of false or mutilated coin, without connivance. obligations or security of the United States or of the Philippines Islands. The word
Any person who knowingly, although without the connivance mentioned in the "obligation or security of the United States or of the Philippine Islands" shall be
preceeding articles, shall possess false or mutilated coin with intent to utter the held to mean all bonds, certificates of indebtedness, national bank notes,
same, or shall actually utter such coin, shall suffer the penalty lower by one fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn
degree than that prescribed in the said articles. by or upon authorized officers of the United States or of the Philippine Islands,
and other representatives of value, of whatever denomination, which have been

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or may be issued under any act of the Congress of the United States or of the A bank note, certificate or obligation and security is payable to bearer
Philippine Legislature. when it can negotiated by mere delivery.
The penalties depend on the kind of forged treasury or bank notes or other
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, documents.
if the falsified or altered document is a circulating note issued by any banking
association duly authorized by law to issue the same.
Art. 167 Counterfeiting, importing, and uttering instruments not
3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if payable to bearer.
the falsified or counterfeited document was issued by a foreign government. Any person who shall forge, import or utter, in connivance with the forgers or
importers, any instrument payable to order or other document of credit not
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, payable to bearer, shall suffer the penalties of prision correccional in its medium
when the forged or altered document is a circulating note or bill issued by a and maximum periods and a fine not exceeding P6,000 pesos.
foreign bank duly authorized therefor.
Elements: (IFC)
Acts penalized under 166: (FIU) 1. That there be an instrument payable to order or other document
1. Forging or falsification of treasury or bank notes or other of credit not payable to bearer
documents payable to bearer 2. That the offender either forged, imported or uttered such
2. Importation of such false or forged obligations or notes instrument
3. Uttering of such false or forged obligation or notes in connivance 3. That in case of uttering, he connived with the forger or importer.
with the forgers or importers Application of this article is limited to payable to order or other document
Forging is committed by giving to a treasury or bank note or any or credit not payable to bearer.
instrument payable to bearer or to order the appearance of a true and An instrument is payable to order where it is drawn payable to the order of
genuine document. To forge an instrument is to make false instrument a specified person or to him or his order
intended to be passed for the genuine one Connivance is not required in uttering if the utterer is the forger
Falsification is committed by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters, words, or signs contained Art. 168 Illegal possession and use of false treasury or bank notes
therein. and other instruments of credit.
Importation of false or forged obligations or notes means to bring them Unless the act be one of those coming under the provisions of any of the
into the Philippines, which presupposes that the obligations or notes are preceding articles, any person who shall knowingly use or have in his possession,
forged or falsified in a foreign country with intent to use any of the false or falsified instruments referred to in this
Uttering means offering obligations or notes knowing them to be false or section, shall suffer the penalty next lower in degree than that prescribed in said
forged, whether such offer is accepted or not, with a representation, by articles.
words or actions, that they are genuine and with an intent to defraud.
Uttering forged bill must be with connivance to constitute a violation of Elements: (FK-UP)
Art. 166 1. That any treasury or bank note or certificate or other
Notes or other obligations and securities that may be forged or falsified obligation and security payable to bearer, or any instrument
under Art. 166 (TCO) payable to order or other document of credit not payable to
1. Treasury or bank notes bearer is forged or falsified by another person.
2. Certificates and 2. That the offender knows that any of those instruments is
3. Other obligations and securities, payable to bearer forged or falsified

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3. That he performs any of these acts:
a. using any of such forged or falsified instruments; or
b. possessing with intent to use any such forged or falsified
instruments
Intent to posses is not intent to use. To be charged under this article, there
must be a corresponding intent to use.
To prove that a bank note is forged, evidence must be presented that the
number which the questioned bank note bears does not check with the
genuine one issued with the same number. (People v Barraquia)
Knowledge of the forged character of the note is an essential element in
this offense
The conduct of the accused could be used to establish knowledge of
forgery, ie. The offender refused to make any explanation of his possession
of the forged bank bills; after discovery the owner snatched and tore the
bill before the examiner.
A person in possession of falsified document and who makes use of the
same is presumed to be material author of falsification. Intent to use is
sufficient to consummate the crime when the offender is in possession of
false or falsified obligations or notes
It is not an impossible crime when the act performed would have been a
crime of illegal possession of false treasury notes

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
a. Spouse
TITLE VIII: CRIMES AGAINST PERSONS
b. other ascendants or descendants
Chapter 1: Destruction of Life The child should not be less than 3 days old. Otherwise, the offense is
infanticide.
Relationship must be alleged and proved.
Section 1 Parricide, Murder, Homicide
A stranger who cooperates in committing parricide is liable for
Art. 246 Parricide. murder or homicide.
Even if the offender did not know that the person he had killed is
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 his son, he is still liable for parricide because the law does not
of parricide and shall be punished by the penalty of reclusion perpetua to death require knowledge of the relationship.
(As amdended by RA No. 7659) Other notes:
a. Killing of adoptive parent or adopted child is not parricide.
Elements: (KAD: fmc-ads) b. Killing of a brother/sister is not parricide.
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is: Art. 247 - Death or physical injuries inflicted under exceptional circumstances.
a. father, mother, or
b. child, whether LEGITIMATE OR Any legally married person who having surprised his spouse in the act of
ILLEGITIMATE, or committing sexual intercourse with another person, shall kill any of them or both
c. legitimate other ascendant or other of them in the act or immediately thereafter, or shall inflict upon them any
descendant, or serious physical injury, shall suffer the penalty of destierro.
d. legitimate spouse of the accused
If he shall inflict upon them physical injuries of any other kind, he shall be exempt

from punishment.
Relationship: Key element in Parricide
a. The best proof of relationship is the marriage certificate where the These rules shall be applicable, under the same circumstances, to parents with
accuseds victim is his/her spouse. respect to their daughters under eighteen years of age, and their seducer, while
b. When relationship is NOT alleged in the Information, the accused, the daughters are living with their parents.
who was admittedly the wife of the victim, was convicted of
Any person who shall promote or facilitate the prostitution of his wife or
Murder not Parricide. (People v. Bohol, G.R. No. 178198,
daughter, or shall otherwise have consented to the infidelity of the other spouse
December 10, 2008). shall not be entitled to the benefits of this article.

Q: Which takes precedence, infanticide or parricide? Infanticide Elements: (SKP)
1. A legally married person or parent surprises his spouse or daughter (the latter
Parents, children not included in other ascendants or descendants must be under 18 and living with them) in the act of committing sexual intercourse
Father, mother, child may be legitimate or illegitimate. with another person;

However, the following must be legitimate:

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
2. He/she kills any or both of them or inflicts upon any or both of them any serious In case third persons caught in the crossfire suffer physical injuries, the
physical injury in the act or immediately thereafter; and accused is not liable for physical injuries. The principle that one is liable for
the consequences of his felonious act is not applicable because his act
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that
under Article247 does not amount to a felony.
he has not consented to infidelity of the other spouse.
Other notes:
This article does not define or penalize a felony. o Q: Is there parricide in Article247? Yes.
Penalty in Article 247: Destierro o Article 247 is recognition of what is termed as temporary
insanity. Passion and obfuscation are usually mitigating but for
Destierro is not really intended as a penalty but to remove the
Article 247, they are necessitating.
killer spouse from the vicinity and to protect him/her from acts of
o Passion and obfuscation must also be immediate. (Accused did not
reprisal by the relatives of the deceased spouse.
expect to see it.)
Legitimacy of parents not necessary for the application of this article
o *Destierro is not intended as a penalty but it is a penalty
This article applies only when the daughter is single.
nonetheless. It is not logical that it is not intended as a penalty.
Surprise to come upon suddenly or unexpectedly
Atty. de Castro
a. Indispensable requisite: surprising in the act of sexual intercourse
o Parent/spouse are not justified in seriously injuring or killing
General Rule: Article 247 is not applicable when the accused did not see his
daughter/spouse. (Reason why destierro is provided.)
spouse in the act of sexual intercourse with another person.
o Q: Is there a crime in Article 247? Yes, as indicated by the phrase
a. Exception: If the circumstances show reasonably that the carnal nd
exempt in the 2 paragraph
act is being committed or has just been committed.
o Q: Who is supposed to be surprised? Accused/Discoverer
b. Sexual intercourse does not include preparatory acts.
o Q: Is sexual intercourse between the victims necessary? The point
The killing or inflicting of serious physical injuries must be:
of Justice Laurel in his dissenting opinion where he believes that
o in the act of sexual intercourse, or
sexual intercourse should include preparatory acts [Reyes, RPC
o immediately thereafter
(2008), p. 490] is that Article 247 is intended to favor the accused.
Immediately thereafter means that the discovery, escape, pursuit and the
When there is doubt, rule in favor of the accused. This point is
killing must all form parts of one continuous act.
supported further by the doctrine of mistake of fact (accused
The killing must be the direct by-product of the rage of the accused. believed something to be true).
The killing must be by reason of having surprised her in the act of sexual o *Sexual intercourse is not necessary. Atty. De Castro
intercourse. o Requisites for Parents: (L-18)
Article 247 applies only when a spouse surprises the other in flagrant 1. Daughter must be living with them
adultery. (If a husband caught a man having sexual intercourse with the 2. Below 18
formers wife against her will, an attack upon that man by the husband may
be a defense of relative under Article 11, par.2 and not under Article 247)
Art. 248: - Murder.
No criminal liability when less serious or slight physical injuries are
inflicted. 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 temporal in its

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maximum period to death, if committed with any of the following attendant e. with evident premeditation, or
circumstances: f. with cruelty, by deliberately and inhumanly augmenting the suffering of
the victim or outraging or scoffing at his person or corpse; and
1. With treachery, taking advantage of superior strength, with the aid of armed
4. The killing is not parricide or infanticide.
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.
o The testimony of a single witness, if positive and credible, is sufficient to
2. In consideration of a price, reward, or promise. support a conviction even in the charge of murder. (People v. Manchu)
o Treachery as a qualifying circumstance in the crime of Murder.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a o In People v. Delpino, G.R. No. 171453, June 18, 2009, where an
vessel, derailment or assault upon a street car or locomotive, fall of an airship, by information alleged that accused-appellant killed the victim with
means of motor vehicles, or with the use of any other means involving great
the use of a short firearm, and with treachery and evident
waste and ruin.
premeditation, treachery was considered as qualifying.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or o Failure to present and identify the murder weapon would not
of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other exculpate the accused-appellant from criminal liability, as the same
public calamity. is not indispensable to prove the guild of the accused. But
Presence of intent to kill distinguishes Frustrated or Attempted Murder
5. With evident premeditation.
OR Frustrated or Attempted Homicide, FROM Consummated Physical
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the Injuries
victim, or outraging or scoffing at his person or corpse. o No intention to kill Consummated Physical Injuries
o With intention to kill Frustrated/Attempted Homicide or murder,
Elements: (KAQ - PI) as the case may be.
1. That a person was killed; Other notes:
2. That the accused killed him; o The victim must be killed in order to consummate the offense.
3. That the killing was attended by any of the following qualifying circumstances: Otherwise, it would be attempted or frustrated murder.
a. with treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or Rules for the application of the qualifying/aggravating circumstances:
persons to insure or afford impunity, 1. That murder will exist with only one of the circumstances described in Article
b. in consideration of price, reward or promise, 248.
c. by means of inundation, fire, poison, explosion, shipwreck, stranding of 2. When more than one of said circumstances are present, the others must be
vessel, derailment or assault upon a railroad, fall of an airship, by means considered as generic aggravating.
of motor vehicles or with the use of any other means involving great waste 3. That when the other circumstances are absorbed or included in one
or ruin, qualifying circumstance, they cannot be considered as generic aggravating.
d. on occasion of any of the calamities enumerated in the preceding 4. Any of the qualifying circumstances must be alleged in the information.
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, Otherwise, they will only be considered as generic aggravating
epidemic or any other public calamity, circumstances.

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Q: Is ignominy covered by cruelty? No. Outraging and scoffing may fall
For those enumerated in par. 3 of this article, (par. c herein) the offender within the purview of ignominy.
must have intent to kill to be liable for murder. Killing a person by means Q: Is using disguise a qualifying circumstance? Yes. It falls under means
of fire is murder, only when there is actual design to kill on the part of the to insure or afford impunity under par. 1.
offender. For par. 1, treachery has the power to absorb many aggravating
Killing of a child of tender years is murder. circumstances, provided:
Treachery and premeditation are inherent in murder with the use of poison. 1. Such circumstance relates to the means, methods, manner used in the
They cannot be used as aggravating. commission of the crime
Superior strength and on occasion of inundation, shipwreck, eruption of 2. It destroyed the risk to the offender
a volcano, epidemic, or any other public calamity must be taken advantage
of. Example of Atty. De Castro in class:
In determining if a killing is murder, rule out first if infanticide or parricide. Q: A uses a motorized pedicab with iron spikes. He used this to impale B
from behind as he was walking. What are the aggravating circumstances
Elements of treachery: (PMCW) present?
1. Crimes against persons o A: Treachery and Use of Motor Vehicle; To qualify to murder,
2. Means/mode of attack especially sought by offender treachery will be used. However, there is no more generic
3. Directly and especially ensure commission of the crime aggravating circumstance which can be used. The use of motor
4. Without risk to himself arising from the defense the offended party might vehicle will be absorbed in treachery because it relates to the
make means, methods, manner used in the commission of the crime.
(Again, treachery has the power to absorb many aggravating
Elements of evident premeditation: (TOS) circumstances, provided the two above-mentioned requisites are
1. Time when the offender determined (conceived) to kill his victim present.)
2. Overt act indicating he has clung to his determination
3. Sufficient lapse of time between determination and execution so as to ARTICLE 249: Homicide.
show cool thought and reflection
Any person who, not falling within the provisions of Article 246, shall kill another
Q: What is the difference between par. 3 and par. 4 of Article 248? without the attendance of any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide and be punished by
o For par. 3, design to kill must be present. For par. 4, such circumstances
reclusion temporal.
are merely taken advantage of.
o By means of in par. 3 implies that such aggravating circumstances
Elements: (K-JIN)
must serve as the means to the commission of the crime. For par. 4,
1. That a person was killed;
On occasion means during such calamities, earthquake, x x x.
2. That the accused killed him without any justifying circumstances;
Q: In cruelty, must the victim be alive? Yes, being alive is essential to
3. That the accused had the intention to kill, which is presumed; and
constitute cruelty.

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4. That the killing was not attended by any of the qualifying circumstances of were not alleged but nevertheless proven, they will not be considered in the
murder, or by that of parricide or infanticide. imposition of penalty. However, it can be used for fixing civil indemnity only.

o All acts of execution are deemed performed only if the wound inflicted on Other notes:
the victim is mortal and could cause the death of the victim without a. Homicide is the unlawful killing of any person, which is neither
medical intervention or attendance. infanticide, parricide, nor murder.
o Intent to kill b. The victim must be killed in order to consummate the crime.
a. Intent to kill immediately before or simultaneously with the Otherwise, it would be attempted or frustrated homicide.
infliction of injuries is an essential element of homicide, whether in c. Intent to kill is conclusively presumed when death resulted. Hence,
its consummated, frustrated or attempted stage. evidence of intent to kill is required only in attempted or frustrated
b. Intent to kill is a specific intent, which the prosecution must prove homicide (*but it is still an essential element of consummated
by direct or circumstantial evidence. homicide De Castro)
c. How determined, inter alia: d. There is no crime of frustrated homicide through
i. means used by the malefactors; negligence/imprudence. Intent to kill (which is required in
ii. the nature, location and number of wounds sustained by frustrated homicide) is incompatible with negligence/imprudence.
the victim; e. When wounds that caused the death were inflicted by two
iii. the conduct of the malefactors before, at the time of, or different persons, even if they were not in conspiracy, each one of
immediately after the killing of the victim; them is guilty of homicide.
iv. the circumstances under which the crime was committed; f. Corpus delicti actual commission of the crime charged; It means
and that a crime was actually perpetuated. It does not refer to the
v. the motive of the accused. (Mahawan v. People) body of the murdered person.
o Elements of the crime of Frustrated Homicide g. In all crimes against persons in which the death of the victim is an
o The accused intended to kill his victim, as manifested by his use of element, there must be satisfactory evidence of:
a deadly weapon in his assault; vi. the fact of death and
o The victim sustained fatal or mortal wound/s but did not die vii. the identity of the victim
because of timely medical assistance; and
o None of the qualifying circumstance for murder under Art. 248 RPC ARTICLE 250: Penalty for frustrated parricide, murder or homicide.
is present. (Mahawan v. People)
The courts, in view of the facts of the case, may impose upon the person guilty of
Remember: In special complex crimes like robbery with homicide, killing a person the frustrated crime of parricide, murder or homicide, defined and penalized in
(homicide) is always used in the generic sense. Thats why there is no robbery with the preceding articles, a penalty lower by one degree than that which should be
imposed under the provision of Article 50.
murder. But in crimes against persons, homicide takes in a special meaning.
The courts, considering the facts of the case, may likewise reduce by one degree
The present rule regarding qualifying circumstances: You have to allege and then the penalty which under Article 51 should be imposed for an attempt to commit
prove it for it to be considered in the imposition of penalty. If the circumstances any of such crimes.

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Q: How do you determine the penalty for attempted and frustrated homicide? 6. That the person or persons who inflicted serious physical injuries or who used
violence can be identified.
General Rule: Article 50 57:
Tumultuous more than three persons who are armed or provided with
Article 50 - 57 means of violence
Additional Participation Consummated Frustrated Attempted Rule: o For tumultuous affray to exist, at least 4 persons must take part in
Article 250 Principal Penalty 1 less 2 less provides a it.
imposed by When there are two identified groups of men who assaulted each other,
law there is no tumultuous affray.
Accomplice 1 less 2 less 3 less
The person killed need not be a participant in the affray.
Accessory 2 less 3 less 4 less
Those who used violence are liable only if it cannot be determined who
discretionary authority to the courts to lower the penalty provided by Articles 50 and inflicted the serious physical injuries on the deceased.
51 by one or two degrees. Other notes
o Q: As per element no. 2, what if the composed groups are organized for
a common purpose? No, it is not under Article 251.
ARTICLE 251: Death caused in a tumultuous affray.
o Q: When is it tumultuous? Does having 4 people and engaging in a riot,
When, while several persons, not composing groups organized for the common in itself, constitute tumultuous affray? No, there must be arms or means
purpose of assaulting and attacking each other reciprocally, quarrel and assault of violence.
each other in a confused and tumultuous manner, and in the course of the affray o Q: Frat wars? Not considered as tumultuous affray. Where groups are
someone is killed, and it cannot be ascertained who actually killed the deceased, identified and subsequently attacked one another, it cannot be
but the person or persons who inflicted serious physical injuries can be identified,
considered tumultuous affray. For it to be tumultuous, it has to be:
such person or persons shall be punished by prision mayor.
1. in a chaotic, confused manner; and
If it cannot be determined who inflicted the serious physical injuries on the 2. the persons are provided with arms.
deceased, the penalty of prision correccional in its medium and maximum periods
shall be imposed upon all those who shall have used violence upon the person of Guide to the provision:
the victim. 1. If not known who inflicted death, look for those persons who inflicted
serious physical injuries.
Elements: (SOQ-KCP) 2. If it is not known who inflicted serious physical injuries, look for those who
1. That there be several persons; used violence.
2. That they did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally; Remember: Each element must be strictly complied with. Otherwise, it is homicide
3. That these several persons quarreled and assaulted one another in a confused or murder.
and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased;

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punished with a penalty one degree lower than that for slight
physical injuries.

ARTICLE 252: Physical injuries inflicted in a tumultuous affray. ARTICLE 253: Giving assistance to suicide.

When in a tumultuous affray as referred to in the preceding article, only serious Any person who shall assist another to commit suicide shall suffer the penalty of
physical injuries are inflicted upon the participants thereof and the person prision mayor; if such person lends his assistance to another to the extent of
responsible therefor cannot be identified, all those who appear to have used doing the killing himself, he shall suffer the penalty of reclusion temporal.
violence upon the person of the offended party shall suffer the penalty next lower However, if the suicide is not consummated, the penalty of arresto mayor in its
in degree than that provided for the physical injuries so inflicted. medium and maximum periods, shall be imposed.

When the physical injuries inflicted are of a less serious nature and the person ACTS PUNISHABLE: (AK)
responsible therefor cannot be identified, all those who appear to have used any
1. Assisting another to commit suicide, whether the suicide is consummated or not.
violence upon the person of the offended party shall be punished by arresto
2. Lending his assistance to another to commit suicide to the extent of doing the
mayor from five to fifteen days.
killing himself.
Elements: (T-CUP)
1. That there is a tumultuous affray as referred to in the preceding article; A person who attempts to commit suicide is not criminally liable.
2. That a participant or some participants thereof suffers serious physical injuries or Art. 253 does not distinguish and does not make any reference to the
physical injuries of a less serious nature only; relation of the offender with the person committing the suicide.
3. That the person responsible therefor cannot be identified; and A pregnant woman who tried to commit suicide by means of poison but
4. That all those who appear to have used violence upon the person of the offended instead of dying, the fetus in her womb was expelled, is not liable for
party are known. unintentional abortion because such is punishable only when it is caused by
violence, not by poison.
Persons liable: Only those who used violence on the person of the offended Assistance to suicide is different from mercy killing. Euthanasia or mercy-
party. If the one who caused the physical injuries is known, he will be liable killing is the practice of painlessly putting to death a person suffering from
for the physical injuries actually committed. some incurable disease. In this case, the person does not want to die. A
Injured party must be a participant of the tumultuous affray. doctor who resorts to euthanasia may be held liable for murder.
Other notes: Penalty is mitigated if suicide is not successful.
o Q: Is slight physical injuries included? No, the penalty provided in Other notes:
Article 252 is arresto mayor. Slight physical injuries are light o Q: Is suicide a crime? No.
felonies punishable with arresto menor. o Q: A jumps out of a building and lands on someone. What is his
o Q: What if slight physical injuries were caused and it is not known liability? No criminal liability. However, he may be held civilly liable
who inflicted it, is there no opportunity for redress? There is. under the law on torts.
Determine first who used violence. How is he punished? He is

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o Q: Is there a distinction as to the extent of assistance given? Yes. A person can be held liable for discharge even if the gun was not pointed at
The second act punishable provides for assistance to the extent of the offended party when it fired as long as it was initially aimed by the
doing the killing himself. accused at or against the offended party.
The penalty for homicide and giving assistance to suicide Other notes:
are similar. o Q: Does it matter whether the firearm is licensed or not? No.
Is euthanasia giving assistance to suicide? Is Article 253 o Under Article 254, distance negates intent to kill.
applicable to euthanasia? If the patient is conscious and o Firing in the air is not punishable under Article 254. However, it
he gives his consent to Euthanasia, Article 253 is constitutes another crime under alarms and scandals. (Q: What is
applicable. If not, person who resorts to euthanasia may its main difference with Article 254? Firearm was not aimed at a
be liable for murder or homicide. (Compare with Estrada, person but nevertheless caused alarm.)
p. 319, where euthanasia is covered by this article)
Remember: Discharge of firearms can be a complex crime. (Ex: absent intent to kill,
ARTICLE 254: Discharge of firearms. physical injuries were also caused)

Any person who shall shoot at another with any firearm shall suffer the penalty of Remember: any other crimes for which a higher penalty is prescribed exemption
prision correccional in its minimum and medium periods, unless the facts of the from liability under this article is not limited to frustrated or attempted parricide,
case are such that the act can be held to constitute frustrated or attempted
murder, or homicide
parricide, murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.

Elements: (DN)
1. That the offender discharges a firearm against or at another person; and Section 2 Infanticide and Abortion
2. That the offender has no intention to kill that person. ARTICLE 255: Infanticide.

The offender must shoot at another with any firearm without intention of The penalty provided for parricide in Article 246 and for murder in Article 248
killing him. If the firearm is not discharged at a person, the act is not shall be imposed upon any person who shall kill any child less than three days of
age.
punished under this article.
A discharge towards the house of the victim is not discharge of firearm. If the crime penalized in this article be committed by the mother of the child for
Firing a gun at the house of the offended party, not knowing in what part of the purpose of concealing her dishonor, she shall suffer the penalty of prision
the house the people inside were, is only alarms and scandals under Article correccional in its medium and maximum periods, and if said crime be committed
155. for the same purpose by the maternal grandparents or either of them, the penalty
The purpose of the offender is only to intimidate or frighten the offended shall be reclusion temporal. (As amended by RA No. 7659)
party.

Intent to kill is negated by the fact that the distance between the victim and
Elements: (C-3-A)
the offender is 200 yards.
1. That a child was killed;

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2. That the deceased child was less than three days (72 hours) of age; and i. the child was born dead, or
3. That the accused killed the child. ii. although born alive it could not sustain an independent
life when it was killed. (See People v. Paycana cited in De
Infanticide necessitates that the child be born alive and by viable, i.e., Castro, supra)
capable of independent existence e. Difference between Parricide and Infanticide (Estrada):
a. Exception: Considering that a fetus with an intrauterine life of 6
months is NOT VIABLE, the premature expulsion thereof due to Parricide Infanticide
violence intentionally exerted by the offender would constitute Childs age: 3 days and above Less than 3 days (less than 72 hours)
abortion notwithstanding the fact that the fetus was alive at birth. Can be committed if victim and Offender may or may not be related
b. Intrauterine life < or = 6 mos. expulsion due to violence is not offender are related by blood by blood
infanticide but UNINTENTIONAL ABORTION, provided that all Concealment of dishonor not Concealment of dishonor is
elements of the latter (See Art. 257) are present. (People v. mitigating mitigating
Paycana)
If the victim is a child of tender years, the need to prove treachery is not
necessary. It is presumed that the child cannot give any defense. ARTICLE 256: Intentional abortion.
o Presence of treachery killing a child becomes murder and not
simply homicide. Any person who shall intentionally cause an abortion shall suffer:
o Q: Is the penalty mitigated if the person who killed the child is/are
1. The penalty of reclusion temporal, if he shall use any violence upon the person
the paternal grandparents? No mitigation.
of the pregnant woman.
o Q: Is there a situation where the mother can avail of this article
even if she is already married? Yes, if the father is not the 2. The penalty of prision mayor if, without using violence, he shall act without the
husband. consent of the woman.
o Other notes:
a. When the offender is the father, mother or legitimate ascendant, 3. The penalty of prision correccional in its medium and maximum periods, if the
he shall suffer the penalty prescribed for parricide. If the offender woman shall have consented.
is any other person, the penalty is that for murder. In either case,
Elements: (PIVD)
the proper qualification for the offense is infanticide.
1. That there is a pregnant woman;
b. When the mother or maternal grandmother of the victim commits
2. That violence is exerted, or drugs or beverages administered, or that the accused
infanticide in order to conceal the mothers dishonor, such fact is
otherwise acts upon such pregnant woman;
only mitigating.
3. That as a result of the use of violence or drugs or beverages upon her, or any
c. The delinquent mother who claims that she committed the offense
other act of the accused, the fetus dies, either in the womb or after having been
to conceal the dishonor must be of good reputation. Thus, if she is
expelled therefrom.
a prostitute, she is not entitled to a lesser penalty because she has
4. That the abortion is intended.
no honor to protect.

d. There is no infanticide when:

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
Ways of committing intentional abortion: True or False? If the fetus is 6 months or less and the fetus dies outside the womb, it
a. By using any violence upon the person of the pregnant woman. is abortion. TRUE.
b. By acting, but without using violence, without the consent of the
woman. (Ex. By administering drugs or beverages without her True or False? If the fetus dies outside the womb, the term of the fetus is material
consent.) (whether it can sustain life or not). TRUE.
c. By acting with the consent of the pregnant woman.
Abortion (which results in the death of the fetus) is the: Remember: As long as it dies inside the womb, abortion.
1. willful killing of the fetus in the uterus, or
2. the violent expulsion of the fetus from the maternal wound . ARTICLE 257: Unintentional abortion.
th
Under the RPC, abortion ordinarily means the expulsion before the 6
month or before the term of its viability (capable of sustaining life). But The penalty of prision correccional in its minimum and medium period shall be
according to Viada, Vol. V, as long as the fetus dies as a result of violence imposed upon any person who shall cause an abortion by violence, but
unintentionally.
used or drugs administered, abortion exists even if the fetus is full term.
If abortion is intended and the fetus does not die, it is frustrated intentional
Elements: (P - Violence without intending abortion - ID)
abortion when the offender has performed all the acts of execution.
1. That there is a pregnant woman;
If abortion is not intended and the fetus does not die, the crime may be
2. That violence is used upon such pregnant woman without intending an abortion;
only physical injuries. No frustrated unintentional abortion in view of the
3. But the violence is intentionally exerted; and
lack of intention to cause an abortion.
4. That as a result of the violence the fetus dies, either in the womb or after having
The person who intentionally caused the abortion is the one liable under
been expelled therefrom.
Article 256.

If the woman consented to the abortion caused on her, she is liable but
Article 257, Unintentional Abortion, is committed only through violence
under Article 258 (Abortion practiced by the woman herself or her parents).
(that is, actual physical force).
If she did not consent, she is not liable.
Violence must be intentionally exerted.
If the fetus could sustain an independent life after its separation from the
Unintentional abortion can also be committed through
maternal womb and is subsequently killed, the crime is infanticide.
negligence/imprudence. (People vs. Jose p. 524, wherein a truck driven by
Other notes:
Romeo Jose bumped a calesa causing the pregnant woman to bump her
o Q: Is the consent of the woman material? If violence exists,
abdomen against the front wall of the calesa subsequently causing blood to
consent is not material (Par. 1). However, for par. 2 and par. 3
flow out of the womans vagina)
consent of the woman makes a difference.
The accused can only be held liable if he knew that the woman was
o Q: How do you consummate abortion? Death of the fetus
pregnant. (Compare with Estrada, p. 327: It is not material that the offender

knows that the woman is pregnant or not.)
Remember: There is also a crime of dispensing abortive pills (Article 259) and it falls
Unintentional abortion may be complexed with other crimes such as
within intentional abortion but punished differently.
parricide or homicide.

Article 256 and 257 do not apply if:

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
1. there was no intention to cause abortion; and Persons liable under Article 258:
2. there was no violence exerted 1. The pregnant woman if she herself committed the abortion (*WON it
Other notes: was for the purpose of concealing her dishonor. But if in case it was to
o Q: Can unintentional abortion be committed without violence? No. conceal her dishonor, her liability is mitigated.)
o Q: Is a womans consent material? What if the mother is a 2. The parents of the woman if they committed the abortion to conceal
masochist who consented to the violence? As long as abortion was her dishonor and with the latters consent
not intended and violence existed, it will fall under Article 257.
o Knowledge of the pregnancy is important. Note: The other person who caused the abortion even if with the pregnant
womans consent is liable under Article 256 and not under this article. (De Castro:
ARTICLE 258: Abortion practiced by the woman herself or by her parents. The person other than the woman is liable under Article 256.)

The penalty of prision correccional in its medium and maximum periods shall be
imposed upon a woman who shall practice abortion upon herself or shall consent Note: If the purpose of the parents was not to conceal her dishonor, they are liable
that any other person should do so. under Article 256 and not under this article.

Any woman who shall commit this offense to conceal her dishonor, shall suffer If the abortion was done by the parents and even if with their pregnant
the penalty of prision correccional in its minimum and medium periods.
daughters consent, there is no mitigation unlike in Infanticide.
If this crime be committed by the parents of the pregnant woman or either of Other note:
them, and they act with the consent of said woman for the purpose of concealing o This article is parallel to infanticide committed by the mother or
her dishonor, the offenders shall suffer the penalty of prision correccional in its her parents.
medium and maximum periods.
Art. 259 Abortion practiced by a physician or midwife and dispensing of
abortives.
Elements: (PIC: wop)
1. That there is a pregnant woman who has suffered an abortion; The penalties provided in Article 256 shall be imposed in its maximum period,
2. That the abortion is intended; respectively, upon any physician or midwife who, taking advantage of their
3. That the abortion is caused by scientific knowledge or skill, shall cause an abortion or assist in causing the same.
a. the pregnant woman herself
Any pharmacist who, without the proper prescription from a physician, shall
b. any other person, with her consent,
dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000
c. any of her parents, with her consent for the purpose of concealing her pesos.
dishonor.
Elements: (PIPA)
The woman is liable under Article 258 either: 1. That there is a pregnant woman who has suffered an abortion;
a. when she shall practice an abortion upon herself 2. That the abortion is intended;
b. when she shall consent that any other persons should do so

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3. That the offender, who must be a physician or midwife, causes or assists in The seconds shall in all events be punished as accomplices.
causing the abortion; and
4. That said physician or midwife takes advantage of his or her scientific knowledge ACTS PUNISHED: (KSC)
or skill. 1. Killing ones adversary in a duel.
2. Inflicting upon the adversary serious physical injuries.
It is not necessary that the pharmacist knew that the abortive would be 3. Making combat although no physical injuries have been inflicted.
used to cause abortion or that the abortive be actually used. What is
punished is the act of dispensing an abortive without the proper o A duel is a formal or regular combat previously concerted between 2 parties
prescription. in the presence of 2 or more seconds of lawful age on each side, who make
If the pharmacist knew that the abortive would be used to cause abortion the selection of arms and fix all the other conditions of the fight. (Estrada:
and abortion results, he is liable as an accomplice. This is a dead law. Duel is no longer being practiced today.)
RA 4729 regulates the sale, dispensation, and/or distribution of o Persons liable:
contraceptive drugs and devices. 1. person who killed or inflicted physical injuries upon his adversary, or
It is not unlawful if the sale, dispensation, or distribution of contraceptive both combatants in any other case, as principals
drug or contraceptive device is by a duly licensed drug store or 2. The seconds, as accomplices
pharmaceutical company and with prescription of qualified medical If death results the penalty is the same as that for homicide
practitioner When there is an agreement to fight to the death, there is intent to kill on
Other notes: the part of the combatants. Normally, when there is intent to kill, the
o The punishable act is not just abortion practiced by the physician inflicting of physical injuries is either attempted or frustrated homicide.
or midwife but also the dispensing of abortive. However, the Code disregards the intent to kill in considering the penalty
o Q: Is a person liable even if the abortive was not used? Yes. The for duel when only physical injuries are inflicted upon the adversary.
mere act of dispensing is enough. Other notes:
o Even if no injuries were inflicted, there would still be liability (Par.
3).
o Q: What if there are no seconds? It is not a duel anymore. (Refer to
Section 3 Duel legal definition of duel provided above)
o The situation must fall strictly within the definition of duel.
ARTICLE 260: Responsibility of participants in a duel.

The penalty of reclusion temporal shall be imposed upon any person who shall kill ARTICLE 261: Challenging to a duel.
his adversary in a duel.
The penalty of prision correccional in its minimum period shall be imposed upon
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty any person who shall challenge another, or incite another to give or accept a
provided therefor, according to their nature. challenge to a duel, or shall scoff at or decry another publicly for having refused to
accept a challenge to fight a duel.
In any other case, the combatants shall suffer the penalty of arresto mayor,
although no physical injuries have been inflicted.
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ACTS PUNISHABLE: (CIS) a. By intentionally mutilating another by depriving him, either totally
1. Challenging another to a duel. or partially, of some essential organ for reproduction.
2. Inciting another to give or accept a challenge to a duel. b. Intentionally making other mutilation, that is, by lopping or
3. Scoffing at or decrying another publicly for having refused to accept a challenge to clipping off any part of the body of the offended party, other than
fight a duel. the essential organ for reproduction, to deprive him of that part of
his body.
The person making the challenge must have in mind a formal combat. A In the first kind of mutilation, the castration must be made purposely.
challenge to fight, without contemplating a duel, is not challenging to a Otherwise, it will be considered as mutilation of the second kind. (Compare
duel. Estrada, p. 331: In each case the mutilation is deliberate or intentional. If
Persons responsible under Article 261: the mutilation was not intentional, the crime committed is Serious Physical
1. Challenger Injuries under Article 263)
2. Instigators Mayhem refers to any other intentional mutilation.
Other notes: Under R.A. 7610, the penalty for the second type of mutilation shall be one
o Does it matter that the duel actually happens? No. degree higher when the victim is below 12 years old.
The offender must have the intention to purposely and deliberately deprive
Remember: Whatever the challenge is, it must pertain to a duel. the offended party of his body. If not, the case will be considered physical
injuries
Other notes:
o Is ligation mutilation? No, nothing is clipped off.
Chapter 2: Physical Injuries o Mutilation is the clipping or lopping off of an organ. If the organ is
ARTICLE 262: Mutilation. for sexual reproduction, the penalty is higher as long as there is
intentional lopping or cutting.
The penalty of reclusion temporal to reclusion perpetua shall be imposed upon o If there is no cutting off, it is not mutilation but physical injuries.
any person who shall intentionally mutilate another by depriving him, either o Difference between the 2 kinds of mutilation lies in the penalty
totally or partially, of some essential organ of reproduction. imposable:

Any other intentional mutilation shall be punished by prision mayor in its medium
and maximum periods. Severance of reproductive organ Severance of any other body part
Reclusion temporal to reclusion Prision mayor (medium and
Elements: (CP) perpetua (even higher than the maximum periods)
1. There must be castration, that is, mutilation of organs necessary for generation, penalty for homicide, which is
such as the penis or ovarium; reclusion temporal)
2. The mutilation is caused purposely and deliberately, that is, to deprive the

offended party of some essential organ for reproduction.



Two kinds of mutilation:
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How Committed: (W-BAI)
1. Wounding;
ARTICLE 263: Serious physical injuries. 2. Beating;
3. Assaulting;
Any person who shall wound, beat, or assault another, shall be guilty of the crime 4. By administering injurious substance.
of serious physical injuries and shall suffer:
What are considered Serious Physical Injuries?
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted,
1. When the injured person becomes insane, imbecile, impotent or blind
the injured person shall become insane, imbecile, impotent, or blind;
in consequence of the physical injuries inflicted.
2. The penalty of prision correccional in its medium and maximum periods, if in 2. When the injured person
consequence of the physical injuries inflicted, the person injured shall have lost a. Loses the use of speech or the power to hear or to smell, or
the use of speech or the power to hear or to smell, or shall have lost an eye, a loses an eye, a hand, a foot, an arm, or a leg;
hand, a foot, an arm, or a leg or shall have lost the use of any such member, or b. Loses the use of any such member; or
shall have become incapacitated for the work in which he was therefor habitually
c. Becomes incapacitated for the work in which he was
engaged;
therefore habitually engaged, in consequence of the physical
3. The penalty of prision correccional in its minimum and medium periods, if in injuries inflicted;
consequence of the physical injuries inflicted, the person injured shall have 3. When the person injured:
become deformed, or shall have lost any other part of his body, or shall have lost a. Becomes deformed; or
the use thereof, or shall have been ill or incapacitated for the performance of the b. Loses any other member of his body; or
work in which he as habitually engaged for a period of more than ninety days; c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of the work
4. The penalty of arresto mayor in its maximum period to prision correccional in
its minimum period, if the physical injuries inflicted shall have caused the illness in which he was habitually engaged for more than 90 days in
or incapacity for labor of the injured person for more than thirty days. consequence of the physical injuries inflicted;
4. When the injured person becomes ill or incapacitated for labor for
If the offense shall have been committed against any of the persons enumerated more than 30 days (but must not be more than 90 days), as a result of
in Article 246, or with attendance of any of the circumstances mentioned in the physical injuries inflicted.
Article 248, the case covered by subdivision number 1 of this Article shall be
Serious physical injuries may be committed by reckless imprudence or by
punished by reclusion temporal in its medium and maximum periods; the case
covered by subdivision number 2 by prision correccional in its maximum period to simple negligence or imprudence.
prision mayor in its minimum period; the case covered by subdivision number 3 There must be no intent to kill.
by prision correccional in its medium and maximum periods; and the case covered Impotence includes inability to copulate. It also has been used
by subdivision number 4 by prision correccional in its minimum and medium synonymously with sterility.
periods.
Paragraph 1 requires complete blindness of both eyes. Mere weakness in
vision is not contemplated.
The provisions of the preceding paragraph shall not be applicable to a parent who
shall inflict physical injuries upon his child by excessive chastisement. a. Loss of power to hear must involve both ears. Otherwise, it will be
considered as serious physical injuries under par 3.

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b. Loss of the power to hear in the right ear is considered as merely c. In determining incapacity, the injured party must have a vocation
loss of use of some other part of the body. or work at the time of the injury. Work includes studies or
c. Loss of use of hand or incapacity of usual work in paragraph 2 must preparation for a profession.
be permanent. When the category of the offense of serious physical injuries depends on
Paragraph 2 refers to principal members of the body while paragraph 3 the period of the illness or incapacity for labor, there must be evidence of
covers any other member that is not a principal part of the body. the length of that period. Otherwise, the offense will only be considered as
Paragraph 3: slight physical injuries.
a. Deformity means: a. There is no incapacity if the injured party could still engage in his
1. physical ugliness, work although less effectively than before.
2. permanent and definite abnormality that is not curable by Serious physical injuries is qualified when the crime is committed against
natural means or by nature the same persons enumerated in the article on parricide or when it is
3. conspicuous and visible. attended by any of the circumstances defining the crime of murder.
However, serious physical injuries resulting from excessive chastisement by
Note: If the scar is usually covered by a dress, it would not be conspicuous and parents is not qualified serious physical injuries.
visible. Loss of teeth as deformity will not apply to child or old man. Other notes:
o The first type of serious physical injuries does not require any
a.
The loss of 3 incisors is a visible deformity. Loss of one incisor is number of days for incapacity or injury.
not. However, loss of one tooth which impaired appearance is a o Q: For the second type, how do you determine if mutilation or
deformity. serious physical injuries? Intent to deprive that person of that body
b. Deformity by loss of teeth refers to injury which cannot be part is mutilation
repaired by the action of nature. o Q: For the third type, how many days is he required to be
c. Loss of outer ears, loss of the power to hear, and loss of the lobule hospitalized? More than 90
of the ear constitute deformity. o Q: For the fourth type, how many days is he required to be
d. Loss of the index and middle fingers is either a deformity or loss of hospitalized? More than 30
a member, not a principal one, of his body or use of the same. o The four paragraphs graduate in terms of penalty. But all are
Paragraph 4: physical injuries. Par. 4 is the floor. Anything higher is serious
a. If the injury would require medical attendance for more than 30 physical injuries.
days, the illness of the offended party may be considered as lasting
more than 30 days. The fact that there was medical attendance for Tip: Look at the floor to know if it is serious physical injury. No need to classify under
that period of time shows that the injuries were not cured for that par. 1, 2, 3, or 4.
length of time.
b. Under paragraph 4, all that is required is illness or incapacity, not ARTICLE 264: Administering injurious substances or beverages.
medical attendance.
The penalties established by the next preceding article shall be applicable in the
respective case to any person who, without intent to kill, shall inflict upon

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another any serious physical injury, by knowingly administering to him any Whenever less serious physical injuries shall have been inflicted with the manifest
injurious substance or beverages or by taking advantage of his weakness of mind intent to insult or offend the injured person, or under circumstances adding
or credulity. ignominy to the offense, in addition to the penalty of arresto mayor, a fine not
exceeding 500 pesos shall be imposed.
Elements: (SKN)
Any less serious physical injuries inflicted upon the offender's parents,
1. The offender inflicted upon another any serious physical injury;
ascendants, guardians, curators, teachers, or persons of rank, or persons in
2. It was done by knowingly administering to him any injurious substance or
authority, shall be punished by prision correccional in its minimum and medium
beverage by taking advantage of his weakness of mind or credulity; periods, provided that, in the case of persons in authority, the deed does not
3. He had no intent to kill. constitute the crime of assault upon such person.

It is frustrated murder when there is intent to kill. What can be considered as Less Serious Physical Injuries?
Administering means introducing into the body the substance, thus 1. The offender is incapacitated for labor for 10 days or more but not more
throwing of the acid in the face is not contemplated. than 30 days, or needs medical attendance for the same period of time;
Weakness of mind or credulity witchcraft, philters, magnetism 2. The physical injuries must not be those described in the preceding articles.
Other notes:
o Article 264 is also serious physical injuries. The difference though Circumstances Qualifying the Offense:
lies in the mode. a. There is manifest intent to insult or offend the injured person; or
o Mere administration is not punishable because the law requires b. There are circumstances adding ignominy to the offense.
that he knows that the substance is injurious. c. The offenders parents, ascendants, guardians, curators, or
o Q: Must the physical injuries be serious? Yes. teachers; or
o Q: Administering mere act of giving? No. There must be d. Persons of rank or person in authority provided the crime is not a
introduction of the substance into the body. direct assault.
o Q: What if you did not administer injurious substance but took Medical attendance or incapacity is required in less serious physical injuries.
advantage of the weakness of mind or credulity? Should there be It is only slight physical injury when there is no medical attendance or
administration? It seems like Article 264 provides for a different incapacity for labor.
mode other than administration. Other notes:
o Duration: 10 days or more but not more than 30
ARTICLE 265: Less serious physical injuries. o Q: Is incapacity for labor required for the whole duration or could
it include the need for medical assistance? It could be a
Any person who shall inflict upon another physical injuries not described in the combination of both.
preceding articles, but which shall incapacitate the offended party for labor for
ten days or more, or shall require medical assistance for the same period, shall be Remember: There are cases when it is not required to be incapacitated for the
guilty of less serious physical injuries and shall suffer the penalty of arresto
entire duration provided, such as partial blindness and deformity.
mayor.

Is treachery qualifying in less serious physical injuries? No.

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b. Ill-treatment by deed constitutes slight physical injuries if it results
Treachery is NOT always qualifying in all crimes against persons (i.e. less serious in hospitalization/requiring medical assistance of 1-9 days.
physical injuries) c. Slight physical injury is a light felony incapable of being complexed
under Article 48.
ARTICLE 266: Slight physical injuries and maltreatment.

The crime of slight physical injuries shall be punished:
Chapter 3: Rape
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require ARTICLE 266-A: Rape: When And How Committed.
medical attendance during the same period.
Rape is committed:
2. By arresto menor or a fine not exceeding 20 pesos and censure when the 1) By a man who shall have carnal knowledge of a woman under any of the
offender has caused physical injuries which do not prevent the offended party following circumstances:
from engaging in his habitual work nor require medical assistance. a) Through force, threat, or intimidation;

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when b) When the offended party is deprived of reason or otherwise
the offender shall ill-treat another by deed without causing any injury. unconscious;

c) By means of fraudulent machination or grave abuse of
3 Kinds of Slight Physical Injuries:
authority; and
1. Physical injuries which incapacitated the offended party for labor from 1 to
9 days, or required medical attendance during the same period; d) When the offended party is under twelve (12) years of age or
2. Physical injuries which did not prevent the offended party from engaging is demented, even though none of the circumstances mentioned
in his habitual work or which did not required medical attendance above be present.
3. Ill-treatment of another by deed without causing any injury (Maltreatment
Ex. Slapping) 2) By any person who, under any of the circumstances mentioned
in paragraph 1 hereof, shall commit an act of sexual assault by

inserting his penis into another person's mouth or anal orifice, or
When there is no evidence of actual injury, it is only slight physical injuries. any instrument or object, into the genital or anal orifice of another person.
Supervening event converting the crime into serious physical injuries after
filing of information can still be the subject of a new charge. Par. 1 - Rape by Sexual Intercourse:
Article 266 is a general law that punishes ill-treatment. By a man who shall have carnal knowledge of a woman under any of the following
Other notes: circumstances: (F-D-F-12)
a. Q: Is the slapping of someone in front of a lot of people under a. Through force, threat or intimidation;
Article 266? If ill-treatment has a specific purpose, it becomes b. When the offended party is deprived of reason or otherwise unconscious;
slander by deed. c. By means of fraudulent machination or grave abuse of authority; and

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d. When the offended party is under 12 years of age, is demented, even iii. The evidence of the prosecution must stand or fall on its
though none of the circumstances mentioned above be present. own merits and cannot be allowed to draw strength
from the weakness of the evidence for the defense.
Par. 2 Rape by Sexual Assault: b. Penile penetration cannot be presumed from pain alone; some
By any person who, under any of the circumstances mentioned in paragraph 1 other piece of evidence showing that there was indeed carnal
hereof, shall commit an act of sexual assault; knowledge is necessary, i.e.:
a. By inserting his penis into another persons mouth or anal orifice; i. Positive testimony of slight penetration of the vagina
b. By inserting any instrument or object into the genital or anal orifice of ii. Testimony that the penis was erect at the time that it was
another person. touching the vagina
iii. That the vagina bled due to the attempt to insert the
Reclassification of Rape as a Crime against Persons it may now be penis
prosecuted de oficio: Complaint by offended party is NO longer iv. That there were abrasions or contusions on the labia of
necessary. the vagina
a. Name and identity of the rape victim and her immediate family or c. Best evidence of victims age: ORIGINAL/CERTIFIED TRUE COPY
household members are NOT disclosed in Rape cases. BIRTHE CERTIFICATE
Time and date of commission NOT ELEMENTS d. Sole testimony of a rape victim, if credible, suffices to convict.
a. Failure to specify the exact date or time when the rape occurred i. Inaccuracies and inconsistencies in the Rape victims
does NOT ipso facto make the information defective on its face. testimony are to be expected.
b. Discrepancy on the actual date of rape does NOT constitute serious e. Report and testimony of a medico-legal officer that there are
error warranting the reversal of the accuseds conviction. hymenal lacerations on the victims vagina is the best evidence
c. Date or time of commission is NOT an element of Rape because that an object, such as an erect penis, has been inserted into it
the gravamen of rape is CARNAL KNOWLEDGE of a woman through i. Such report and testimony, when weighed along with the
force or intimidation. (People v. Aure) victims positive testimony that her assailant, armed with
General Principles in Rape Cases a gun, inserted his penis into her vagina, sufficiently
a. 3 well-entrenched principles in determining the innocence or guilt establish the essential element of rape, which is carnal
of the accused in Rape cases (as a result of these principles, knowledge against her will.
CREDIBILITY is the single most important issue) ii. However, medical examination and the doctors
i. An accusation of rape can be made with facility and certificate thereon are NOT INDISPENSIBLE but merely
while the accusation is difficult to prove, it is even more CORROBORATIVE.
difficult for the accused, thought innocent, to disprove; SEXUAL INTERCOURSE SEXUAL ASSAULT
ii. Considering that in the nature of things, only 2 persons Offender Man Man or woman
are usually involved in the crime of rape, the testimony Offended party Woman Man or woman
of the complainant should be scrutinized with great Mode/manner of Penile penetration 1. Insertion of PENIS in
caution; and commission another persons
MOUTH or ANAL

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CRIMINAL LAW II FINALS REVIEWER ATTY. JOSE ARTURO DE CASTRO BLOCK A 2011-2012
orifice; i. If the woman is 12 YEARS OF AGE OR OLDER at the time
she was violated, the sexual intercourse and the fact that
2. Insertion of any it was done through force, violence, intimidation or threat
instrument or object must both be proven.
into another persons ii. If victim is below 12 years of age, the offender should be
GENITAL OR ANAL prosecuted for STATUTORY RAPE under Art. 266-A [1] [d]
ORIFICE RPC and not SEXUAL ABUSE (Sec. 5[b], RA 7610)
iii. If the victim is 12 years of age or over, offender should be
f. In view of the material differences between them, rape through charged with either, except under Art. 266-A [1] [d] RPC.
SEXUAL INTERCOURSE in not necessarily included in rape through iv. Sexual congress with a girl UNDER 12 YEARS OLD is
SEXUAL ASSAULT and vice-versa ALWAYS rape.
i. Where the Information charges Rape through Sexual v. The prosecution must prove:
Intercourse, the accused CANNOT be found guilty of Rape 1. Age of the complainant
through SEXUAL ASSAULT (People v. Abulon), but he can 2. Identity of the accused
be found guilty of Acts of Lasciviousness (People v. 3. Carnal knowledge between the accused and the
Ceballos). complainant.
RAPE THROUGH SEXUAL INTERCOURSE e. QUALIFIED RAPE
a. ELEMENTS: i. Requires that at least 1 of the aggravating/qualifying
i. Accused had carnal knowledge of the victim; and circumstances in Art. 266-B RPC MUST be alleged in the
ii. Said act was accomplished: information and duly proven during the trial. (People v.
1. Through the use of force or intimidation, or Basmayor)
2. When the victim is deprived of reason or ii. Where the Information alleges that the rape victim was
otherwise unconscious, or UNDER 12 years old but likewise explicitly declares the
3. When the victim is under 12 years old or is said victim as being 3 years of age, the crime should be
demented. QUALIFIED RAPE under Art. 266-B, par. 6(5), and not
b. Mere introduction of the penis into the aperture of the female statutory rape. (People v. Rentoria)
organ, thereby touching the labia of the pudendum, already iii. Incestuous rape of a minor doubts as to the weapon
consummates the crime of rape. used is immaterial because the accused fathers moral
c. Sexual congress with a woman by force and without consent is the ascendancy over the minor victim replaces force and
gravamen of rape. intimidation. (People v. Garte citing People v. Rodavia)
d. In STATUTORY RAPE, where the woman is under 12 years of age, RAPE BY SEXUAL ASSAULT
conviction will lie provided sexual intercourse is proven because a. ELEMENTS:
proof of force is NOT an element and the absence of a free consent i. that the offender commits an act of sexual assault;
is PRESUMED. ii. that the act of sexual assault is committed by any of the
following means:

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1. by inserting his penis into another persons o Is statutory rape qualified rape? No.
mouth or anal orifice; or o Can statutory rape and incestuous rape co-exist? No. Statutory
2. by inserting any instrument or object into the rape is ordinary rape, which falls under 266-A. Incestuous rape is
genital or anal orifice of another person under 266-B and provides for qualifying circumstances.
iii. that the act of sexual assault is accomplished under any of
the following circumstances:
1. by using force or intimidation
2. when a woman is deprived or reason or ARTICLE 266-B: Penalty.
otherwise unconscious; by means of fraudulent
machination or grave abuse of authority; Rape under paragraph 1 of the next preceding article shall be punished by
3. when the offended party is under 12 years of age reclusion perpetua.
or is demented, even though none of the
Whenever the rape is committed with the use of a deadly weapon or by two or
circumstances mentioned above be present.
more persons, the penalty shall be reclusion perpetua to death.
b. When fingers are used as the assaulting object, there should be
evidence of at least the slightest penetration of the sexual organ When by reason or on the occasion of the rape, the victim has become insane, the
and not merely a brush or graze of its surface. penalty shall become reclusion perpetua to death.
i. Insertion is necessary.
ii. The act of touching the female sexual organ, in itself, is When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion perpetua to death.
NOT equivalent to rape, not even an attempted one.
(People v. Mendoza) When by reason or on the occasion ofthe rape, homicide is committed, the
SWEETHEART THEORY penalty shall be death.
a. To prove this, independent proof other than testimonial evidence
is required. The death penalty shall also be imposed if the crime of rape is committed with
i. A love affair does not justify rape a man does not have any of the following aggravating/qualifying circumstances:
the unbridled license to subject his beloved to his carnal
l) When the victim is under eighteen (18) years of age and the offender is a
desires. (People v Nogpo, People v. Baldo, People v.
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
Corpuz, etc) within the third civil degree, or the common-law spouse of the parent of the
Other notes: victim;
o Multiple rape by two or more offenders each one is responsible
not only for rape personally committed, but also for rape 2) When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;
committed by others.
o Rape with homicide is now a special complex crime.
3) When the rape is committed in full view of the spouse, parent, any of the
o Rape infecting victim with gonorrhea that caused death is an children or other relatives within the third civil degree of consanguinity;
illustration of rape with homicide.
o Q: Is treachery applicable to rape? Yes.

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4) When the victim is a religious engaged in legitimate religious vocation or calling Reclusion temporal shall be imposed if the rape is committed with any of the ten
and is personally known to be such by the offender before or at the time of the aggravating/ qualifying circumstances mentioned in this article.
commission of the crime;
Rape committed under paragraph 1 is punishable by:
5) When the victim is a child below seven (7) years old; 1. reclusion perpetua
2. reclusion perpetua to DEATH when:
6) When the offender knows that he is afflicted with the Human Immuno-
a. victim became insane by reason or on the occasion of rape; or
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted to the b. the rape is attempted and a homicide is committed by reason or on the
victim; occasion thereof.
c. when committed with the use of a deadly weapon or by two or more
7) When committed by any member of the Armed Forces of the Philippines or persons
para-military units thereof or the Philippine National Police or any law 3. DEATH when:
enforcement agency or penal institution, when the offender took advantage of his a. homicide is committed;
position to facilitate the commission of the crime;
b. victim is under 18 years old and offender is:
8) When by reason or on the occasion of the rape, the victim has suffered i. parent,
permanent physical mutilation or disability; ii. ascendant,
iii. step-parent,
9) When the offender knew of the pregnancy of the offended party at the time of iv. guardian,
the commission of the crime; and v. relative by consanguinity or affinity within the 3rd civil degree,
vi. common law spouse of victims parent;
10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the c. under the custody of the police or military authorities or any law
crime. enforcement or penal institution;
d. committed in full view of the spouse, parent or any of the children or
Rape under paragraph 2 of the next preceding article shall be punished by prision other relatives within the 3rd degree of consanguinity;
mayor. e. victim is a religious engaged in legitimate religious vocation or calling
and is personally known to be such by the offender before or at the time of
Whenever the rape is committed with the use of a deadly weapon or by two or
the commission of the crime;
more persons, the penalty shall be prision mayor to reclusion temporal.
f. a child below 7 years old;
When by reason or on the occasion of the rape, the victim has become insane, the g. offender knows he is afflicted with HIV or AIDS or any other sexually
penalty shall be reclusion temporal. transmissible disease and the virus is transmitted to the victim;
h. offender is a member of the AFP, or para-military units thereof, or the
When the rape is attempted and a homicide is committed by reason or on the PNP, or any law enforcement agency or penal institution, when the
occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
offender took advantage of his position to facilitate the commission of the
When by reason or on the occasion ofthe rape, homicide is committed, the crime;
penalty shall be reclusion perpetua. i. the victim suffered permanent physical mutilation or disability;

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j. the offender knew of the pregnancy of the offended party at the time of 2. Where the offended party is so situated as to render him/her incapable of
the commission of the crime; and giving consent
k. when the offender knew of the mental disability, emotional disorder
and/or physical handicap of the offended party at the time of the Other notes:
commission of the crime. o People v. Lazo doctrine that resistance must be manifest and
tenacious has been superseded. Under RA 8353, half-hearted
resistance or a mere act of trying to resist the sexual assault may
be accepted as evidence in the prosecution of rape.
ARTICLE 266-C: Effect of Pardon. o Consent of minors (e.g., girl under 12 years of age) is NOT a valid
defense. Gravamen of statutory rape is merely carnal knowledge
The subsequent valid marriage between the offended party shall extinguish the of a girl below 12 years of age.
criminal action or the penalty imposed. o In statutory rape, proof of intimidation or force used on the
victim, or lack of it, is immaterial. (People v. Mangalino)
In case it is the legal husband who is the offender, the subsequent forgiveness by
o Force and intimidation xxx may be present or absent without
the wife as the offended party shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the penalty shall not be affecting the criminality of the carnal knowledge. (Id.)
abated if the marriage is void ab initio. Consent obtained by fear is void.
Complete deprivation of reason is not necessary.
Marriage extinguishes not only the penal action, but likewise the penalty A mentally retarded woman cannot give valid and legal
that may be imposed. (Marriage extinguished only as to the principal not as consent to sexual act. (People v Daing)
to accomplices and accessories) Lack of knowledge of the victims mental condition is
In case when multiple rape is committed, the effects and benefits of NOT a valid defense (People v Canillo). However, mistake
marriage with one defendant does not extend to the others. of fact may be invoked as defense (People v. Ah Chong).
The wife can rape the husband and then subsequently forgive him for the Take note, however, that Ah Chong is not a rape case.
extinguishment of criminal liability.


ARTICLE 266-D: Presumption.

Any physical overt act manifesting resistance against the act of rape in any degree
from the offended party, or where the offended party is so situated as to render
her/him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-A.

Evidence which may be accepted in the prosecution of rape:

1. Any physical over act manifesting resistance against the act of rape in any
degree from the offended party; or

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d. The person kidnapped or detained is a minor (except when the
TITLE IX CRIMES AGAINST PERSONAL LIBERTY accused is any of the parents), female or a public officer.
AND SECURITY
Qualifying instances
Chapter 1: Crimes Against Liberty Death is imposed in the following instances: [death penalty suspended]
1. If kidnapping is committed for the purpose of extorting ransom either from
the victim or from any other person even if none of the aforementioned
Section 1 Illegal Detention circumstances are present in the commission of the offense; and
Art. 267 Kidnapping and serious illegal detention. 2. When the victim is killed or dies as a consequence of the detention or is
Any private individual who shall kidnap or detain another, or in any other manner raped or is subjected to torture or dehumanizing acts.
deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days. Rule on special complex crime of Kidnapping with homicide:
1. Where the person kidnapped is killed in the course of the detention, regardless of
2. If it shall have been committed simulating public authority. whether the killing was purposely sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer be complexed under Article 48,
3. If any serious physical injuries shall have been inflicted upon the person nor be treated as separate crimes but shall be punished as a special complex crime
kidnapped or detained; or if threats to kill him shall have been made. of Kidnapping with Homicide. (People v Rimorin)
2. The term homicide is used in its generic sense. Thus, it is Kidnapping with
4. If the person kidnapped or detained shall be a minor, female or a public officer. Homicide not Kidnapping with Murder.

The penalty shall be death where the kidnapping or detention was committed for Kidnapping for ransom:
the purpose of extorting ransom from the victim or any other person, even if 1. Even if there was no demand for ransom, if it is clear that the purpose of the
none of the circumstances above-mentioned were present in the commission of offender is to demand for ransom, the crime is kidnapping with a demand for
the offense. ransom. (People v. Garcia)
2. If a victim is kidnapped for the purpose of ransom, and during a car chase the
When the victim is killed or dies as a consequence of the detention, or is raped or victim was killed by the abductors, it is Kidnapping for Ransom and Murder, not a
is subjected to torture or dehumanizing acts, the maximum penalty shall be complex crime of Kidnapping with murder.
imposed.
3. There are as many crimes of kidnapping as there are persons whose liberties are
Elements: (PDIC: 3s mfp)
2 deprived.
1. The offender is a private individual; 4. As long as the kidnapping or detention was committed for the purpose of
2. He kidnaps or detains another, or in any other manner deprives the latter extorting ransom, actual demand is not necessary.
of his liberty; 5. If the victim is a minor and the accused is any of the parents, the penalty is
3. The act of detention or kidnapping must be illegal; mitigated.
4. In the commission of the offense, any of the following circumstances is
present: Offender
a. The kidnapping lasts for more than 3 days; 1. When a public officer conspires with a private person in the commission of any of
b. It is committed simulating public authority; the crimes under Title IX, the crime is also one committed under this title and not
c. Any serious physical injuries are inflicted upon the person under Title II (Arbitrary Detention).
kidnapped or detained or threats to kill him are made; or 2. If the offender does not act in a public capacity he will be liable under this Article.

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Elements: (PKIW)
Kidnaps, detains or in any other manner deprives the latter of his liberty 1. The offender is a private individual;
1. There must be actual confinement or restriction of the person of the offended 2. He kidnaps or detains another, or in any other manner deprives him of his
party. (U.S. v. Cabanag) liberty;
Ex. You are detained in your room and deprived of leaving the premises 3. The act of kidnapping or detention is illegal;
2. Inclosure is not the only factor which can produce this crime; it can also be 4. The crime is committed without the attendance of any of the circumstances
detaining him or depriving him in any manner of his liberty. (People v. Crisostomo) mentioned in Article 267.

When motive is important: Accomplice
Forcible Abduction - woman taken against her will The same penalty is incurred by the accomplice who furnished the place for the
- with lewd designs perpetration of the crime. His participation is raised to that of a co-principal.
- transported from one place to
another Privileged Mitigating Circumstance if the offender:
Grave Coercion - woman is dragged to a distance of a. voluntarily releases the person so kidnapped or detained within 3 days from
5 meters the commencement of the detention;
- against her will b. without having attained the purpose intended; and
- no intention to deprive person of c. before the institution of criminal proceedings against him.
liberty
Illegal Detention - woman is taken Note: It must be shown by the offender that he was in a position to prolong the
- against her will detention for more than three days and yet he released the person detained
- without lewd designs within that time.
- transported from one place to
another 1. No mitigation when the proceedings have already been instituted. The
Special Complex Crime: Although 2 crimes are committed, in the eyes of accused acted through fear rather than through repentance.
the law there is only one criminal liability. Also known as component crime 2. When the victim is a female, the detention is punished under Article 267.
or single indivisible offense. Voluntary release is not mitigating under that article.

Art. 268 Slight illegal detention. Art. 269 Unlawful arrest.
The penalty of reclusion temporal shall be imposed upon any private individual The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
who shall commit the crimes described in the next preceding article without the upon any person who, in any case other than those authorized by law, or without
attendance of any of circumstances enumerated therein. reasonable ground therefor, shall arrest or detain another for the purpose of
The same penalty shall be incurred by anyone who shall furnish the place for the delivering him to the proper authorities.
perpetration of the crime.
Elements: (AND)
If the offender shall voluntarily release the person so kidnapped or detained 1. The offender arrests or detains another person;
within three days from the commencement of the detention, without having 2. The purpose of the offender is to deliver him to the proper authorities;
attained the purpose intended, and before the institution of criminal proceedings 3. The arrest or detention is not authorized by law or there is no reasonable
against him, the penalty shall be prision mayor in its minimum and medium ground therefor.
periods and a fine not exceeding seven hundred pesos.
Any Person
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1. Private person DE CASTRO:
2. Public person Must have no authority to arrest or did not act in his official Minor under 18 years old
capacity

Exception: When the arrest is authorized by a warrant issued by court
Act punished
Purpose: to deliver him to the proper authorities Deliberate failure of the custodian of such minor to restore the latter to his parents
1. Purpose is a controlling factor, if the detention was for the reason of delivering or guardian
him to proper authority must fall under this article. Ex. A is entrusted with the custody of C, Jr. He left the house of his employer, the
Ex. A tied B with a piece of rope and conducted him to the municipal court and was Father of C. After two days A was caught by the police. However, kidnapping and
detained there for several hours until the Justice of peace ordered his release. failure to return a minor is included in kidnapping and serious illegal detention.

Note: Motive is controlling; if his purpose is to deliver him to the proper authorities, Who can commit the crime?
it is still unlawful arrest. But absence of this motive may be shown by the length of 1. The person entrusted with the custody of the child
time the victim is detained. 2. Father and mother of minor. However penalty is mitigated to arresto mayor
or a fine not exceeding 300 or both (Estrada, p. 374)
Rule by exclusion point: Purpose to deliver to authorities
267 and 270 compared
2. Arrest/detention refers to warrantless arrests. In both, kidnapping is punished. In 270 the offender is entrusted with the
custody of the minor; under 267, the offender is not entrusted with the
Unlawful arrest v. Art. 125 custody of the victim.
Rule by exclusion point: Entrusted with the custody of a minor
In Article 125 (Delay in the delivery of detained persons to the proper judicial
authorities), the detention is for some legal ground. While in an unlawful arrest, the
Art. 271 Inducing a minor to abandon his home.
detention is not authorized by law.
The penalty of prision correccional and a fine not exceeding seven hundred pesos

shall be imposed upon anyone who shall induce a minor to abandon the home of
his parent or guardians or the persons entrusted with his custody.
Section 2 Kidnapping of Minors If the person committing any of the crimes covered by the two preceding articles
Art. 270: Kidnapping and failure to return a minor. shall be the father or the mother of the minor, the penalty shall be arresto mayor
The penalty of reclusion perpetua shall be imposed upon any person who, being or a fine not exceeding three hundred pesos, or both.
entrusted with the custody of a minor person, shall deliberately fail to restore the
latter to his parents or guardians. Elements: (MI)
1. A minor (whether under or over 7 yrs of age) is living in the home of his
Elements: (EF) parents or guardians or the person entrusted with his custody;
1. The offender is entrusted with the custody of a minor person (whether over 2. Offender induces said minor to abandon such home.
or under 7 years but less than 18 years of age);
2. He deliberately fails to restore said minor to his parents or guardians. Inducement
1. Inducement must be actual, committed with criminal intent and determined by a
Age will to cause damage. (Estrada: Mere inducement consummates the crime.)

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Ex. Z a maid of A,B, is entrusted with the custody of C. Z describes to C that the city 1. There must be specific intent to enslave. (De Castro)
has bigger malls, movie houses and that it has a lot of exotic candies. Ex. A was obliged to be a servant of B without remuneration whatever and to remain
there so long as she has not paid her debt. There is slavery. (Reyes v. Alojado)
Held: It does not equate to inducement. The phrase to induce means, to influence;
to prevail on; t move by persuasion; to incite by motives. Rule by exclusion point: Purpose is to enslave the victim. Otherwise if such is absent,
it will fall under kidnapping or illegal detention.
2. The minor should not leave his home of his own free will. Mitigated if committed
by the father or mother of the victim. Art. 273 Exploitation of child labor.
The penalty of prision correccional in its minimum and medium periods and a fine
3. The minor need not actually abandon his home or home of guardian. Mere not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of
commission of any act which tends to influence, persuade or prevail on a minor to reimbursing himself of a debt incurred by an ascendant, guardian or person
abandon his home is what constitutes a crime. entrusted with the custody of a minor, shall, against the latter's will, retain him in
his service.
Note: Is mere inducement punishable?
Yes. Reyes said that it is not necessary that the minor actually abandons the Elements: (MAR)
home. 1. Offender retains a minor in his services;
However, Atty. De Castro opined, that actual abandonment must occur; 2. It is against the will of the minor;
otherwise it will be very difficult to prove the case under this provision. 3. It is under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of such minor.

Against the will of the minor
1. The minor must not consent to the offender, otherwise there is no violation.
Section 3 Slavery and Servitude 2. Indebtedness is not a ground for detention. Existence of indebtedness constitutes
Art. 272 Slavery. no legal justification for the detention.
The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell, kidnap or detain a human being
for the purpose of enslaving him. Art. 274: Services rendered under compulsion in payment of debt.
The penalty of arresto mayor in its maximum period to prision correccional in its
If the crime be committed for the purpose of assigning the offended party to minimum period shall be imposed upon any person who, in order to require or
some immoral traffic, the penalty shall be imposed in its maximum period. enforce the payment of a debt, shall compel the debtor to work for him, against
his will, as household servant or farm laborer.
Elements: (PEI) Elements: (CAP)
1. The offender purchases, sells, kidnaps, or detains a human being; or 1. Offender compels a debtor to work for him, either as a household servant
2. The purpose of the offender is to enslave such human being; or farm laborer;
3. To assign the victim to immoral traffic. 2. It is against the debtors will;
3. The purpose is to require or enforce the payment of a debt.
Qualifying circumstance
1. If the purpose is some immoral traffic (Ex. prostitution). As household servant or farm laborer

For the purpose of enslaving him

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1. A was compelled to work as a janitor to enforce the payment of his debt to B. It Failing to help or render assistance to another whom the offender has accidentally
will not be punishable under this article, offended party must be compelled to work wounded or injured.
as household servant or farm laborer.
2. This article does not distinguish if the victim is a minor or not. Paragraph 3:
By failing to deliver a child, under 7 years of age, whom the offender has found
Rule by exclusion point: Household servant or farm laborer. In 273, service of the abandoned, to the authorities or to his family, or by failing to take him to a safe
minor is not limited to household and farming. place.

Shall find xxx wounded or in danger of dying
1. If a person intentionally wounded another in an uninhabited place, paragraph 1 is
Chapter 2: Crimes Against Security not applicable.
2. Unless such omission shall constitute a more serious offense
Ex. When the offender had the custody of the minor under 7 years, he shall be
Section 1 Abandonment of Helpless Persons and punished under Art. 276 which is a heavier penalty.

Exploitation of Minors Paragraph 2
Art. 275 Abandonment of person in danger and abandonment of one's 1. Offender must have accidentally wounded another, if he intentionally did it he will
own victim. be prosecuted for the offense produced.
The penalty of arresto mayor shall be imposed upon:
Paragraph 3
1. Anyone who shall fail to render assistance to any person whom he shall find in 1. The child under 7 must be found by the accused in an unsafe place.
an uninhabited place wounded or in danger of dying, when he can render such 2. It is immaterial that the offender did not know that the child is under 7 years.
assistance without detriment to himself, unless such omission shall constitute a Applies also to lost child.
more serious offense.
Art. 276: Abandoning a minor.
2. Anyone who shall fail to help or render assistance to another whom he has The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
accidentally wounded or injured. upon any one who shall abandon a child under seven years of age, the custody of
which is incumbent upon him.
3. Anyone who, having found an abandoned child under seven years of age, shall
fail to deliver said child to the authorities or to his family, or shall fail to take him When the death of the minor shall result from such abandonment, the culprit
to a safe place. shall be punished by prision correccional in its medium and maximum periods;
but if the life of the minor shall have been in danger only, the penalty shall be
2
Elements of paragraph 1: (NW F) prision correccional in its minimum and medium periods.
1. The place is not inhabited;
2. Accused found there a person wounded or in danger of dying; The provisions contained in the two preceding paragraphs shall not prevent the
3. Accused can render assistance without detriment to himself; imposition of the penalty provided for the act committed, when the same shall
4. Accused fails to render assistance. constitute a more serious offense.

Paragraph 2: Elements: (C-7-AN)
1. The offender has custody of a child;
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2. The child is under 7 years of age; Acts punishable:
3. He abandons such child; 1. Delivering a minor to a public institution or other persons without the
4. He has no intent to kill the child when the latter was abandoned. consent of the one who entrusted such minor to the care of the offender
or, in the absence of that one, without the consent of the proper
Qualifying circumstances authorities;
1. When death of a minor results from the abandonment.
2. When the life of the minor shall have been in danger only Elements: (RDN)
Note: The article does not prevent the imposition of the penalty provided for the act a. Offender has charge of the rearing or education of a minor;
committed when it shall constitute a more serious offense. b. He delivers said minor to a public institution or other persons;
c. The one who entrusted such child to the offender has not
Intent consented to such act; or if the one who entrusted such child to
1. When there is intent to kill this provision does not apply. The abandonment is to the offender is absent, the proper authorities have not consented
avoid the obligation of taking care of the minor. to it.
2. If there is intent to kill and the child dies, the crime would be murder, parricide or
infanticide, as the case may be. Rationale: (Art. 276, paragraph 3) 2. Neglecting his (offenders) children by not giving them the education,
3. Intent to kill cannot be presumed if death is resulted since such presumption is which their station in life requires and financial condition permits.
only applicable to crimes against persons, and not to crimes against security.
Elements: (PNS)
Abandonment a. Offender is a parent;
1. Abandonment must be permanent, conscious and deliberate is required. b. He neglects his children by not giving them education;
Ex. A mother leaves her child in the forest which is far from available assistance. c. His station in life requires such education and his financial
2. Law punishes: so long as there is an interruption of the care and protection he condition permits it.
needs by reason of his tender age.
3. If the offender is the parent of the abandoned, he shall be deprived of parental Qualifying circumstances:
authority. 1. When the death of the minor resulted from such abandonment; or
2. Life of the minor was in danger because of the abandonment.
Art. 277: Abandonment of minor by person entrusted with his custody;
Rearing or education
indifference of parents.
1. Rear means, to bring to maturity by educating, nourishing, etc.: as to rear
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
children.
upon anyone who, having charge of the rearing or education of a minor, shall

deliver said minor to a public institution or other persons, without the consent of
Abandonment of Minor under Art. 276 compared with Art. 277
the one who entrusted such child to his care or in the absence of the latter,
without the consent of the proper authorities. Art. 276 Art. 277
Type of Custody Custody in general Custody is specific (rearing
or education)
The same penalty shall be imposed upon the parents who shall neglect their Age of Minor Under 7 years of age Under 21
children by not giving them the education which their station in life requires and Act punished Abandoned in such a way Delivered to a public
financial conditions permit. as to deprive him of the institution or other person
care and protection that
his tender years need

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engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany
2. Failure to give education must be due to deliberate desire to evade such any habitual vagrant or beggar.
obligation
Ex. (1) A Father or mother who deliberately fails to give their children education, Acts punishable: (DEEDI)
despite having ample means to do so. 1. By causing any boy or girl under 16 years of age to perform any dangerous
(2) A dried fish vendor has a child who wants to study law school, in case he feat of balancing, physical strength or contortion, the offender being any
disapproves of the childs act of studying law, will he be liable under this article? No, person.
what the law protects is the basic education of children juxtaposed to the means of 2. By employing children under 16 years of age who are not the children or
the family. descendants of the offender in exhibitions of acrobat, gymnast, rope
walker, diver, or wild animal tamer, the offender being an acrobat, etc., or
Art. 278 Exploitation of minors. circus manager or person engaged in a similar calling.
The penalty of prision correccional in its minimum and medium periods and a fine 3. By employing any descendant under 12 years of age in dangerous
not exceeding 500 pesos shall be imposed upon: exhibitions enumerated in the next preceding paragraph, the offender
1. Any person who shall cause any boy or girl under sixteen years of age to being engaged in any of the said callings
perform any dangerous feat of balancing, physical strength, or contortion. 4. By delivering a child under 16 years of age gratuitously to any person
following any of the callings enumerated in paragraph 2, or to any habitual
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal vagrant or beggar, the offender being an ascendant, guardian, teacher, or
tamer or circus manager or engaged in a similar calling, shall employ in people entrusted in any capacity with the care of such child.
exhibitions of these kinds children under sixteen years of age who are not his 5. By inducing any child under 16 years of age to abandon the home of its
children or descendants. ascendants, guardian, curators or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2 or to accompany any habitual
3. Any person engaged in any of the callings enumerated in the next paragraph vagrant or beggar, the offender being any person.
preceding who shall employ any descendant of his under twelve years of age in
such dangerous exhibitions. Art. 279: Additional penalties for other offenses.
The imposition of the penalties prescribed in the preceding articles, shall not
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the prevent the imposition upon the same person of the penalty provided for any
care of a child under sixteen years of age, who shall deliver such child gratuitously other felonies defined and punished by this Code.
to any person following any of the callings enumerated in paragraph 2 hereof, or

to any habitual vagrant or beggar.
Imposition of penalties prescribed in the preceding articles shall not prevent the
imposition of other penalties provided for any other felonies defined and punished
If the delivery shall have been made in consideration of any price, compensation,
in the RPC.
or promise, the penalty shall in every case be imposed in its maximum period.


In either case, the guardian or curator convicted shall also be removed from office
as guardian or curator; and in the case of the parents of the child, they may be Section 2 Trespass to Dwelling
deprived, temporarily or perpetually, in the discretion of the court, of their Art. 280 Qualified trespass to dwelling.
parental authority. Any private person who shall enter the dwelling of another against the latter's
will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.
5. Any person who shall induce any child under sixteen years of age to abandon
the home of its ascendants, guardians, curators, or teachers to follow any person
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If the offense be committed by means of violence or intimidation, the penalty 2. Public person not acting in such capacity otherwise he will be violating Art. 128
shall be prision correccional in its medium and maximum periods and a fine not (Violation of domicile)
exceeding 1,000 pesos.
Dwelling
The provisions of this article shall not be applicable to any person who shall enter 1. Dwelling any building or structure exclusively devoted for rest and comfort.
another's dwelling for the purpose of preventing some serious harm to himself, Whether a building is a dwelling depends upon the use to which it is put.
the occupants of the dwelling or a third person, nor shall it be applicable to any Ex.
person who shall enter a dwelling for the purpose of rendering some service to Store of cheap goods which is also the dwelling of the owner
humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other Room when occupied by another person (Boarding rooms)
public houses, while the same are open.
Prohibition
Against the will of the owner Prohibition is either:
Elements: (PEA)
(1) Implied, i.e. late hours and the room is occupied by a woman or
1. That the offender is a private person.
entrance through the window.
2. That he enters the dwelling of another.
(2) Expressed, i.e. doors are locked.
3. That such entrance is against the latters will.


Qualifying circumstance: Art. 281 Other forms of trespass.
If the offense is committed by means of violence or intimidation, the penalty is The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be
higher imposed upon any person who shall enter the closed premises or the fenced
estate of another, while either or them are uninhabited, if the prohibition to
1. Cuello Calon opines that violence may be committed not only against persons but enter be manifest and the trespasser has not secured the permission of the owner
also against things. So, breaking the door or glass of a window or door constitutes or the caretaker thereof.
acts of violence. Elements: (EUPP)
2. The Supreme Court followed this view in People v. Tayag. Violence or intimidation 1. That the offender enters the closed premises or the fenced estate of another.
must, however, be anterior or coetaneous with the entrance and must not be 2. That the entrance is made while either of them is uninhabited.
posterior. But if the violence is employed immediately after the entrance without 3. That the prohibition to enter be manifest.
the consent of the owner of the house, trespass is committed. If there is also 4. That the trespasser has not secured the permission of the owner or the
violence or intimidation, proof of prohibition to enter is no longer necessary. caretaker thereof.

Premises
Not applicable if: Premise signifies distinct and definite locality. i.e. room, shop, building or definite
a. Entrance is for the purpose of preventing harm to himself, the occupants or a area, but in either case, locality is fixed.
third person Ex. Entering a warehouse, or a fenced property.
b. Purpose is to render some service to humanity or justice
c. Place is a caf, tavern etc. while open Art. 280 compared with Art. 281
d. Hot pursuit of a person who has committed a crime. Art. 280 Art. 281
Offender Private person Any person
Offender Area Dwelling house Closed premises or fenced estate
1. Private person
Nature Inhabited Uninhabited

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Permission Entering the dwelling Without securing the permission of 3. By threatening another with the infliction upon his person, honor or property or
against the will of the the owner or caretaker thereof that of his family of any wrong amounting to a crime, the threat not being
owner subject to a condition (Note: threat is without condition)
Prohibition Express or Implied Manifest
Elements: (TWN)
a. That the offender threatens another person with the infliction upon
the latters person, honor or property, or upon that of the latters
Art. 282 Grave threats.
family, of any wrong.
Any person who shall threaten another with the infliction upon the person, honor
b. That such wrong amounts to a crime.
or property of the latter or of his family of any wrong amounting to a crime, shall
c. That the threat is not subject to a condition
suffer:

Qualifying/Mitigating circumstance:
1. The penalty next lower in degree than that prescribed by law for the crime be
1. If the person attained his purpose the penalty is one degree lower.
threatened to commit, if the offender shall have made the threat demanding
2. If he did not attain his purpose the penalty is two degrees lower.
money or imposing any other condition, even though not unlawful, and said
3. If threat be made in writing or through a middleman the penalty is imposed in its
offender shall have attained his purpose. If the offender shall not have attained
maximum
his purpose, the penalty lower by two degrees shall be imposed.

Threat
If the threat be made in writing or through a middleman, the penalty shall be
1. Intimidation there is a promise of some future harm or injury, either to the
imposed in its maximum period.
person, honor or property of the offended party or of his family.
*Intimidation is the essence of the crime
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat
2. Threat - is a declaration of an intention or determination to injure another by the
shall not have been made subject to a condition.
commission upon his person, honor or property or upon that of his family of some
wrong which may or may not amount to a crime
Acts punishable: Ex.
1. By threatening another with the infliction upon his person, honor or property Persons A will kill B unless he gives him money
that of his family of any wrong amounting to a crime and demanding money or Property-If A will not give B money, B will burn his house
imposing any other condition, even though not unlawful and the offender Honor A must give B money or else, B will publish a libelous material
(Note: threat is with condition) 3. Generally the wrong threatened to be inflicted must amount to crimes against
Elements: persons, honor or property, except any wrong amounting to a crime against the
a. That the offender threatens another person with the infliction upon family of the person threatened.
the latters person, honor or property, or upon that of the latters
family, of any wrong. When is it consummated
b. That such wrong amounts to a crime. 1. Crime of grave threat is consummated as soon as the threats come to the
c. That there is a demand for money or that any other condition is knowledge of the person threatened. (People v. Villanueva)
imposed, even though not unlawful. 2. Indirect challenge to a gun fight amounted to intimidation, especially when
d. That the offender attains his purpose. backed by two warning shots. (People v. Sayon)
3. If there is another crime actually committed and the threat is only a means to
2. By making such threat without the offender attaining his purpose commit that crime, it will be absorbed.

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4. When that act is consist of materially taking possession of a personal property on victim might offer; in threat, the danger to the victim is not instantly
the spot accompanied by threat or intimidation, the crime becomes robbery. imminent nor the gain of the culprit immediate.

Rule by exclusion point: Threat of a future harm Art. 284 Bond for good behavior.
In all cases falling within the two next preceding articles, the person making the
Art. 283 Light threats. threats may also be required to give bail not to molest the person threatened, or
Any threat to commit a wrong not constituting a crime, made in the manner if he shall fail to give such bail, he shall be sentenced to destierro.
expressed in subdivision 1 of the next preceding article, shall be punished by Bond for good behavior may be imposed (only in these offenses, Article 282 and
arresto mayor. Article 283)
Elements: (TCDP)
1. That the offender makes a threat to commit a wrong. Cases where a person may be required to give bail not to molest another:
2. That the wrong does not constitute a crime. 1. When he threatens another under the circumstances mentioned in Article
3. That there is a demand for money or that other condition is imposed, even 282
though not unlawful 2. When he threatens another under the circumstances mentioned in Article
4. That the offender has attained his purpose or, that he has not attained his 283.
purpose
Compared with Article 35:
Threat ARTICLE 35 ARTICLE 284
1. Threat does not include a threat to commit a wrong constituting a crime. For bond to keep the peace bond for good behavior
instance, blackmailing. Not made applicable to any Applicable only to cases of grave
particular case threats and light threats
Failure to give bond detention for 6 Failure to give bail - destierro
Distinction between threat and coercion: months (for grave or less grave
1. The essence of coercion is violence or intimidation. There is no condition felony) or not exceeding 30 days (for
involved; hence, there is no futurity in the harm or wrong done. light felony)
2. In threat, the wrong or harm done is future and conditional. In coercion, it is Distinct penalty -
direct and personal.

Distinction between threat and robbery:
1. As to intimidation In robbery, the intimidation is actual and immediate; in Art. 285 Other light threats.
threat, the intimidation is future and conditional. The penalty of arresto menor in its minimum period or a fine not exceeding 200
2. As to nature of intimidation In robbery, the intimidation is personal; in pesos shall be imposed upon:
threats, it may be through an intermediary.
3. As to subject matter Robbery refers to personal property; threat may 1. Any person who, without being included in the provisions of the next preceding
refer to the person, honor or property. article, shall threaten another with a weapon or draw such weapon in a quarrel,
4. As to intent to gain In robbery, there is intent to gain; in threats, intent to unless it be in lawful self-defense.
gain is not an essential element.
5. In robbery, the robber makes the danger involved in his threats directly 2. Any person who, in the heat of anger, shall orally threaten another with some
imminent to the victim and the obtainment of his gain immediate, thereby harm not constituting a crime, and who by subsequent acts show that he did not
also taking rights to his person by the opposition or resistance which the
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persist in the idea involved in his threat, provided that the circumstances of the Acts punished:
offense shall not bring it within the provisions of Article 282 of this Code. 1. Preventing another, by means of violence, threats or intimidation, from doing
something not prohibited by law;
3. Any person who shall orally threaten to do another any harm not constituting a Ex. Preventing someone from harvesting his crops
felony. 2. Compelling another, by means of violence, threats or intimidation, to do
something against his will, whether it be
Acts Punishable: right or wrong.
1. Person shall threaten another with a weapon, or draw weapon in a quarrel Ex. Pushing the bridge keeper to pass the bridge
unless in self-defense. Elements: (PVA)
2. In the heat of anger, person orally threatens another with some harm 1. That a person prevented another from doing something not prohibited by law,
constituting a crime, without persisting in the idea involved in the threat. or that he compelled him to do something against his will, be it right or wrong;
Subsequent acts did not persist. 2. That the prevention or compulsion be effected by violence, threats or
3. Person orally threatens another with harm not constituting a felony. intimidation;
3. That the person that restrained the will and liberty by another had not the
Difference with 282 and 283 authority of law or the right to do so, or, in other words, that the restraint shall
There is no demand for money not be made under authority of law or in the exercise of any lawful right.
No condition imposed when the offender threatens another with a weapon;
and Act of preventing
The case should not fall in subdivision No. 2 of Article 282. 1. When must the act of preventing?
When the offended party is about to do the act to be prevented
1. Orally threatening another, in the heat of anger, with some harm constituting a Otherwise if the act was already done, the crime is unjust vexation
crime is punished in paragraph 2. 2. Act of preventing is another crime
2. Threats, which ordinarily are grave threats, if made in the heat of anger, may be Public officer who prevents ceremonies or manifestation of any religion
other light threats. (Art. 132)
3. Other light threats may be committed even if the person to whom it is directed is Any person who prevents the meeting of a legislative body (Art. 143)
absent. Any person who shall prevent a member of congress from attending the
meetings thereof (Art. 145)
3. Actual Possession
Art. 286 Grave coercions.
When the complainant is in the actual possession of a thing, even if he has
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
no right to that possession, compelling him by means of violence to give up
upon any person who, without authority of law, shall, by means of violence,
the possession even by the owner himself is grave coercion
prevent another from doing something not prohibited by law, or compel him to
Ex.
do something against his will, whether it be right or wrong.
As carabao damaged the paddies of B, A used violence to reacquire the

said carabao, A is guilty of grave coercion.
If the coercion be committed for the purpose of compelling another to perform

any religious act or to prevent him from so doing, the penalty next higher in
If the carabao returns to A and B tried to get the carabao from him,
degree shall be imposed.
rendering A to use violence, is not grave coercion. Right to use force may be
reasonably necessary to prevent B from dispossessing him of his property.
4. Purpose of the law in penalizing coercion to enforce the principle that no person
may take the law into his hands, and that our government is one of law, not of men.

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1. There must be taking for the payment of the debt. If the seized thing was a mere
Compelling security for the payment this article will not apply.
1. Violence threat or intimidation 2. Offender must be a creditor of the offended party
Intimidation is sufficient, without necessity of actually laying hands on the
person coerced (U.S. v. Tupular) Unjust vexation
Ex. Taxi driver who threatened to bump his car to kill himself, if the 1. Unjust Vexation - any act committed without violence, but which unjustifiably
passenger will not go out with him annoys or vexes an innocent person amounts to light coercion.
Surrounding complainant in a notoriously threatening attitude is sufficient. 2. Taking possession of the thing belonging to the debtor, through deceit and
(People v. Irlanda) misrepresentation, for the purpose of applying the same to the payment of the debt,
nd
Threat must be immediate, actual or imminent (People v. Romero) is unjust vexation under the 2 paragraph of Article 287.
Ex. A was told that he would be killed if he does not deliver the money to 3. Actual physical violence need not be employed.
the house of B. Threat is not immediate, actual or imminent. Ex. Kissing a girl, without performing acts of lasciviousness, is unjust vexation.
The crime is not grave coercion when the violence is employed to seize
anything belonging to the debtor of the offender. Art. 288 Other similar coercions; (Compulsory purchase of merchandise
2. Without authority of law and payment of wages by means of tokens.)
The person who restrains the will and liberty of another has not the right to The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both,
do so as a private person or does not act in the exercise of a duty. shall be imposed upon any person, agent or officer, of any association or
Ex. When A, a local farmer, prevented B from buying soap in a store with corporation who shall force or compel, directly or indirectly, or shall knowingly
the use of violence. permit any laborer or employee employed by him or by such firm or corporation
to be forced or compelled, to purchase merchandise or commodities of any kind.
Art. 287 Light coercions.
Any person who, by means of violence, shall seize anything belonging to his The same penalties shall be imposed upon any person who shall pay the wages
debtor for the purpose of applying the same to the payment of the debt, shall due a laborer or employee employed by him, by means of tokens or objects other
suffer the penalty of arresto mayor in its minimum period and a fine equivalent to than the legal tender currency of the laborer or employee.
the value of the thing, but in no case less than 75 pesos.
Acts Punishable:
Any other coercions or unjust vexations shall be punished by arresto menor or a 1. Compulsory purchase of materials
fine ranging from 5 pesos to 200 pesos, or both. Elements: (PEF)
a. Offender is any person, agent or officer of any association or
Elements: (CD-VP) corporation;
1. That the offender must be a creditor. b. He or such firm or corporation has employed laborers or
2. That he seizes anything belonging to his debtor. employees;
3. That the seizure of the thing be accomplished by means of violence or a display c. He forces or compels, directly or indirectly, or knowingly permits
of material force producing intimidation; to be forced or compelled, any of his or its laborers or employees
4. That the purpose of the offender is to apply the same to the payment of the to purchase merchandise or commodities of any kind from him or
debt. from said firm or corporation.

Seizure

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If the offender shall not reveal such secrets, the penalty shall be arresto mayor
2. Payments of wages by means of tokens and a fine not exceeding 500 pesos.
Elements: (POD)
a. Offender pays the wages due a laborer or employee employed by The provision shall not be applicable to parents, guardians, or persons entrusted
him by means of tokens or objects; with the custody of minors with respect to the papers or letters of the children or
b. Those tokens or objects are other than the legal tender currency minors placed under their care or study, nor to spouses with respect to the papers
of the Philippines; or letters of either of them.
c. Such employee or laborer does not expressly request that he be
paid by means of tokens or objects. Elements: (PS-DI)
1. Offender is a private individual or even a public officer not in the exercise of
Art. 289 Formation, maintenance and prohibition of combination of his official function;
capital or labor through violence or threats. 2. He seizes the papers or letters of another;
The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed 3. The purpose is to discover the secrets of such another person;
upon any person who, for the purpose of organizing, maintaining or preventing 4. Offender is informed of the contents of the papers or letters seized.
coalitions or capital or labor, strike of laborers or lock-out of employees, shall
employ violence or threats in such a degree as to compel or force the laborers or Seize
employers in the free and legal exercise of their industry or work, if the act shall 1. Seize to place in the control of someone a thing or to give him the possession
not constitute a more serious offense in accordance with the provisions of this thereof.
Code. Ex. Taking possession of papers or letters of another even for a short time only.

Elements: (VP)
Purpose is to discover the secrets of another
1. Offender employs violence or threats, in such a degree as to compel or
1. Purpose of the offender must be to discover the secrets of another. Before
force the laborers or employers in the free and legal exercise of their
opening the accused must be dictated by the desire to discover secrets.
industry or work;
2. Offender must be informed of contents of papers or letter.
2. The purpose is to organize, maintain or prevent coalitions of capital or
3. Prejudice is not an element of the offense.
labor, strike of laborers or lockout of employers.
4. Exception: Article 290 is not applicable to letters of minors or spouses.

5. If mail matter is opened by public officers, Sec. 2756 of the Administrative Code
Notes:
punishes the unlawful opening of mail matter.
1. The act should not be a more serious offense.

2. Peaceful picketing not prohibited.

3. Employing violence or making threat by picketers may make them liable for
Notes from Atty. De Castro
coercion.
*Revelation is not an element of this crime. It is only qualifying. Atty. De Castro
4. Preventing employee from joining any registered labor organization is punished
*Also contemplates a ward who seizes a guardians letters. Atty. De Castro
under the Labor Code, not under the RPC.


Art. 291 Revealing secrets with abuse of office.
Art. 290 Discovering secrets through seizure of correspondence.
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
The penalty of prision correccional in its minimum and medium periods and a fine
upon any manager, employee, or servant who, in such capacity, shall learn the
not exceeding 500 pesos shall be imposed upon any private individual who in
secrets of his principal or master and shall reveal such secrets.
order to discover the secrets of another, shall seize his papers or letters and
reveal the contents thereof.

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Elements: (MLR)
1. Offenders is a manager, employee or servant;
2. He learns the secrets of his principal or master in such capacity;
3. He reveals such secrets.

Secrets
1. Secrets must be learned by reason of their employment.
Ex. A bank teller who knows the bank safe combination
2. The secrets must be revealed by the offender
3. Damage is not necessary.

*Secrets not necessarily contained in papers/letters. Atty. De Castro

Art. 292 Revelation of industrial secrets.
The penalty of prision correccional in its minimum and medium periods and a fine
not exceeding 500 pesos shall be imposed upon the person in charge, employee
or workman of any manufacturing or industrial establishment who, to the
prejudice of the owner thereof, shall reveal the secrets of the industry of the
latter.

Elements: (ES-RP)
1. The offender is a person in charge, employee or workman of a
manufacturing or industrial establishment;
2. The manufacturing or industrial establishment has a secret of the industry
which the offender has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the owner.

Secrets
1. Secrets must relate to manufacturing processes invented by or for a manufacturer
and used only in his factory or in a limited number of them.
Ex. Good burger secret recipe and preparation. (Welcome to good burger, home of
the good burgers movie)
2. The act constituting the crime is revealing the secret of the industry of employer.
3. The revelation of the secret might be made after the employee or workman had
ceased to be connected with the establishment.
4. Prejudice is an element of the offense.

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Taking must be unlawful this is an essential part of robbery. If the taking
TITLE X CRIMES AGAINST PROPERTY
was lawful but misappropriated after the taking, the crime is Estafa or
malversation. Ex. Police lawfully seized opium from Chinese individuals,
Chapter 1: Robbery in General after having possession they misappropriated it, the crime would be Estafa

ARTICLE 293: Who are guilty of robbery. When is unlawful taking complete?
a. As to robbery with violence and intimidation from the moment
Any person who, with intent to gain, shall take any personal property belonging the offender gains possession of the thing even if offender has had
to another, by means of violence or intimidation of any person, or using force no opportunity to dispose of the same, the unlawful taking is
upon anything shall be guilty of robbery. complete.
b. As to robbery with force upon things thing must be taken out of
Elements of Robbery in general: (PUVI) the building.

a. That there be (1) personal property (2) belonging to another;
Taking means depriving the offended party of ownership of the thing
b. That there is (3) unlawful taking of that property; taken with character of permanency.
c. That the taking must be (4) with intent to gain; and
d. That there is (5) violence against or intimidation of any person, or force Intent to gain is presumed from the unlawful taking. Being an internal
upon anything act, it cannot be established by direct evidence. It must therefore be
deduced from the circumstances. *Absence of intent to gain will make the
taking of personal property grave coercion.
2 classifications of robbery:

1. Robbery with violence and intimidation of persons (Article 294, 297, 298)
Intent to gain and personal property belonging to another must concur. If
2. Robbery by use of force upon things. (Article 299, 302)
the accused with intent to gain, took from another, personal property which
turned out to be his own property, there is no robbery. Also, if the accused
Personal Property must be a movable property, if it is real property took personal property from another, believing that it was his own
occupied and is usurped by means of violence or intimidation the crime is property, there being no intent to gain, there is no robbery.
usurpation. *Prohibited articles may be the subject matter of robbery (i.e.
opium) Intimidation Need not be threat of bodily harm. For instance, closing
down the store and paying a fine constitutes enough intimidation. (People
v. Palabao)
Belonging to another property taken does not belong to the offender.

The person from whom the personal property was taken need not be the
owner, possession is sufficient (i.e. Robbery may be committed from a Violence or intimidation must be present before the taking of the personal
person who himself has stolen it.) property. However, it is not necessary that violence be present from the
very beginning.

Naming of the Owner Generally not necessary, but it is necessary if the
crime charged is robbery with homicide because of the capital punishment Exceptions: When violence results in: (1) homicide, (2) rape, (3) intentional
attached to the crime. mutilation, or (4) any serious physical injuries punished in paragraphs 1 and
2 of Article 263. The robbery is complexed with any of those cries under

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Article 294, even if the taking was already complete when the violence Section 1 Robbery with Violence Against or
was used by the offender. (by reason or accompanied by)
Intimidation of Persons

Employment of violence and intimidation Force upon things
against persons ARTICLE 294: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
PENALTIES
Violence or intimidation against persons Force is used either to enter the building
or to break doors, wardrobes, chests, or Any person guilty of robbery with the use of violence against or intimidation of
any kind of locked sealed furniture or any person shall suffer:
receptacle inside the building or to force
them open outside after taking the same 1. The penalty of reclusion perpetua to death, when by reason or on occasion of
from the building the robbery, the crime of homicide shall have been committed; or when the
robbery shall have been accompanied by rape or intentional mutilation or arson;
Value of personal property is immaterial, If committed in an inhabited house, public
the penalty depends on: building, or edifice devoted for religious 2. The penalty of reclusion temporal in its medium period to reclusion perpetua
(a) result of the violence used worship, the penalty is based on when by reason or on occasion of such robbery, any of the physical injuries
(b) existence of intimidation only (a)value of the property taken penalized in subdivision 1 of Article 263 shall have been inflicted;
(b) WON the offenders carry arms (if
3. The penalty of reclusion temporal, when by reason or on occasion of the
committed in an inhabited building only robbery, any of the physical injuries penalized in subdivision 2 of the article
previous condition is applicable) mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its
Comparison between Robbery and Theft:
medium period, if the violence or intimidation employed in the commission of the
Similarities Distinctions robbery shall have been carried to a degree clearly unnecessary for the
Involve taking of transportation Robbery is done with violence or commission of the crime, or when the course of its execution, the offender shall
intimidation or with force upon have inflicted upon any person not responsible for its commission any of the
things physical injuries covered by sub-divisions 3 and 4 of said Article 263.
Taking of personal property Theft is done without the knowledge
5. The penalty of prision correccional in its maximum period to prision mayor in
or consent of the owner. Also, it is
its medium period in other cases. (As amended by R. A. 7659).
without violence, intimidation or
force upon things

With intent to gain
Acts Punishable:
1. When by reason or on occasion of the robbery, the crime of homicide shall
have been committed;
2. When robbery is accompanied by rape or intentional mutilation or arson;
3. When by reason or on occasion of such robbery, any of the physical
injuries resulting in insanity, imbecility, impotency, or blindness is inflicted;

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4. When by reason or on occasion of the robbery, any of the physical injuries crime and is merely a generic aggravating circumstance which may be
resulting in the loss of the use of speech or the power to hear or to smell, offset by mitigating circumstances.
or the loss of an eye, a hand, a foot, an arm, or a leg, or the loss of the use
of any such member or incapacity for the work in which the injured person No such crime as robbery with murder. Treachery must be considered as a
is theretofore habitually engaged is inflicted; generic aggravating circumstance and not qualifying.
5. If the violence or intimidation employed in the commission of the robbery
is carried to a degree clearly unnecessary for the commission of the crime; Is it necessary that a robbery has actually taken place first, and the
6. When in the course of its execution, the offender shall have inflicted upon homicide is committed on the occasion or by reason thereof? No, it is not
any person not responsible for the commission of the robbery any of the required; however, the intent to take personal property belonging to
physical injuries in consequence of which the person injured becomes another with intent to gain must precede the killing.
deformed or loses any other member of his body or loses the use thereof
or becomes ill or incapacitated for the performance of the work in which
Homicide may precede the robbery. Killing the first victim and then
he is habitually engaged for more than 90 days or the person injured
afterwards taking the money is robbery with homicide. But the offender
becomes ill or incapacitated for labor for more than 30 days;
must have the intent to take personal property before the killing.
7. If the violence employed by the offender does not cause any of the serious

physical injuries defined in Art. 263, or if the offender employs intimidation
only. By reason covers homicide committed before or after the taking of
Article 48 does not apply to Art. 294. The crimes defined in this article are personal property as long as the motive of the offender in killing a person
special complex crimes. Art. 294 already provides a specific penalty for is to deprive the victim of his personal property.
each.
Homicide to eliminate an obstacle to the commission of robbery and
On the occasion or by reason of the robbery mean that the homicide or homicide committed to remove opposition or to suppress evidence are all
serious physical injuries defined must be committed in the course or robbery with homicide. Also, killing a person to escape after the
because of the robbery. commission of robbery is robbery with homicide even if the person killed
was an innocent bystander or a robber himself.

A conviction for robbery with homicide requires certitude that the robbery
was the main purpose and objective of the criminals and that the killing Is it robbery with homicide even if the death of a person supervened by
was merely incidental. mere accident? It is enough that a homicide resulted by reason or on the
occasion of the robbery.
Paragraph 1: Robbery with Homicide
When homicide is not proved, the crime is only robbery.
Homicide is to be understood in its generic sense as to include parricide
and murder. When robbery is not proved, the crime is only homicide.

All the homicides or murders are merged in the composite, integrated All those who took part as principals in the robbery would also be held
whole that is robbery with homicide so long as all the killing were liable as principals of robbery with homicide although they did not actually
perpetrated by reason or on the occasion of the robbery. take part in the killing, unless it clearly appears that they endeavored to
prevent the same (nothing short of a clear showing that they prevented
If robbery with homicide is committed by a band, the offense would still be the killing themselves).
robbery with homicide. The circumstance of band is not an element of the

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Paragraph 2: Robbery with Rape The violence need not result in serious physical injuries. All that par. 4 of
Art. 294 requires is that the violence be unnecessary for the commission of
The offender must have the intent to take personal property belonging to the robbery.
another with intent to gain, and such intent must precede the rape.
When the violence or intimidation is necessary, par. 4 of Art. 294 is not
It is not necessary the rape be prior to or simultaneous with the robbery. applicable. Ex: It appears that the beating was for the purpose of
So the law says, in the definition of the crime, that when the robbery is compelling him to show the place where he kept his money.
accompanied by rape or mutilation, etc.
What if in the course of the execution of the crime of robbery, one of the
But if the rape is committed against a woman in a house other than that offenders inflicted upon another robber, physical injuries which resulted in
where the robbery is committed, the rape should be considered a separate the latters deformity, is the crime robbery with serious physical injuries?
offense. The wording of the law as regards this question is upon any person not
responsible for its commission. It would seem that the penalty in
Even if the rape was committed before the taking of property, the accused paragraph 4 of Art. 294 should not be applied. The offender would be
were guilty of robbery with rape. Rape was not their primary objective. liable for two crimes, namely: (1) robbery, and (2) serious physical injuries
under 263, paragraph 3.

No such crime as robbery with rape. Both crimes cannot be the result of a
single act contemplated in Art. 48. The serious physical injuries defined in subdivisions 3 and 4 of Art. 263
must be inflicted in the course of its execution. If they were inflicted after
the taking of the personal property had been complete, the serious
Additional rapes will not increase the penalty. Also, there is no law
physical injuries mentioned should be considered as separate offense.
providing that the additional rape/s or homicide/s should be considered as
aggravating circumstances.
Requisites of Robbery under the second case of par. 4 of 294
1. That any of the physical injuries defined in paragraphs 3 and 4 of Art. 263
If rape was the primary objective of the accused, and his taking of the
was inflicted in the course of the robbery.
jewels of the victim was not with intent to gain but just to have some
2. That any of them was inflicted upon any person not responsible for the
tokens of her supposed consent to the coition, the accused committed two
commission of the robbery.
distinct crimes of rape and unjust vexation.


Robbery with the use of Violence Against or Intimidation of any person under
When rape and homicide co-exist in the commission of robbery, the rape is paragraph 5 of Art. 294
to be considered as an aggravating circumstance. The crime is still
designated as robbery with homicide.
The robbery under this paragraph is known as simple robbery because the
use of violence against any person does not result in homicide, rape,
Paragraph 4: Robbery with Unnecessary Violence and Intimidation (Art. 294 intentional mutilation, or any of the serious physical injuries defined in Art.
paragraph 4) 263, which may give rise to a special complex crime.

Example: Tying the victim after wounding him and leaving him tied to the When the injury inflicted upon the offended party on the occasion of
trunk of a tree. robbery can be qualified only as less serious physical injuries or slight
physical injuries, the crime is that defined and penalized in par. 5 of Art.
294.
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of his personal property arrest or prosecution
Violence or intimidation may enter at any time before the owner is finally
deprived of his property. The victim is deprived of his He parts with his money or
money or property by force or property in a sense voluntarily.
Robbery with Violence or Intimidation in other cases referred to in par. 5 is intimidation.
committed by:
1. Snatching money from the hands of the victim and pushing her to prevent
her from recovering the seized property. (U.S. v. Samonte)
2. Grabbing pawn ticket from the hands of another and intimidating him.
(U.S. v. Blanco)
ARTICLE 295: ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN
In Robbery with intimidation, there must be acts done by the accused, UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ONA
which, either, by their own nature or by reason of the circumstances under STREET, ROAD OR ALLEY
which they are executed, inspire fear in the person against whom they are
directed. The intimidation consists in causing or creating a fear in the mind If the offenses mentioned in subdivisions three, four, and five of the next
of a person or in bringing in a sense of mental distress in view of a rise or preceding article shall have been committed in an uninhabited place or by a band,
or by attacking a moving train, street car, motor vehicle or airship, or by entering
evil that may be impending really or in imagination.
the passenger's compartments in a train or, in any manner, taking the passengers
thereof by surprise in the respective conveyances, or on a street, road, highway,
Comparison:
or alley, and the intimidation is made with the use of a firearm, the offender shall
be punished by the maximum period of the proper penalties.
Robbery w/ violence Grave threats Grave coercion
If any of the offense defined in subdivision 3, 4 and 5 of Article 294 is committed:
Intent to gain No intent to gain None
1. in an uninhabited place
Immediate harm Intimidation; Intimidation (effect) is 2. by a band
promises some future immediate and offended 3. attacking a moving train, street car, motor vehicle, or airship or
harm or injury party is compelled to do 4. by entering the passengers compartment in a train or in any manner taking
something against his the passengers thereof by surprise in the respective conveyances
will (w/n right or wrong) 5. on a street, road, highway or alley and the intimidation is made with the
use of firearms.

The offender shall be punished by the maximum period of the proper
penalties in Art. 294.
Robbery Bribery
These five qualifying circumstances must be alleged in the information and
The victim did not commit a crime The victim has committed a crime proved during trial.
and he is intimidated with arrest and gives money or gift to avoid
and/or prosecution to deprive him

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Being qualifying, it cannot be offset by a generic mitigating circumstance. corresponding penalty provided by law, without prejudice to the criminal
Ex: If robbery by a band is committed in an uninhabited place, by a band liability for illegal possession of such firearms.
is qualifying and uninhabited place would be generic aggravating 3. Any member of the band who was present at the commission of a robbery
circumstance only.
by a band, shall be punished as principal of any of the assaults committed

by the band, unless it be shown that he attempted to prevent the same.
This article does not apply:
a. When by reason or on occasion of the robbery, the crime of homicide
is committed (subdivision 1, Art. 294) Requisites for liability for the acts of the other members of the band:
b. When the robbery is accompanied by rape or intentional mutilation, or A member of the band is liable for any of the assaults committed
arson (subdivision 2, Art. 294) by the other members thereof, when the following requisites concur:
c. If by reason or on occasion of robbery, any of the serious physical a. He was a member of the band
injuries in insanity, imbecility, impotency or blindness is inflicted b. He was present at the commission of a robbery by that band
(subdivision 2, Art. 294)
c. The other members committed an assault

The reason is that this article mentions subdivision 3, 4, and 5 of Art. 294, d. He did not attempt to prevent the assault.
omitting subdivision 1 and 2.
There must be proof that he made an endeavor to prevent the assault
ARTICLE 296: DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS committed by another member of the band, in order that he may not be
THEREOF held liable for such assault.

When more than three armed malefactors take part in the commission of a When is the robbery deemed committed by a band? At least four armed
robbery, it shall be deemed to have been committed by a band. When any of the persons must take part in the commission of robbery.
arms used in the commission of the offense be an unlicensed firearm, the penalty

to be imposed upon all the malefactors shall be the maximum of the
corresponding penalty provided by law, without prejudice of the criminal liability When the robbery was not by a band and homicide was not determined by
for illegal possession of such unlicensed firearms. the accused when they plotted the crime, the one who did not participate
in the killing is liable for robbery only.
Any member of a band who is present at the commission of a robbery by the
band, shall be punished as principal of any of the assaults committed by the band, But when there is conspiracy to commit homicide and robbery, all the
unless it be shown that he attempted to prevent the same. conspirators, even if less than four armed men, are liable for the special
complex crime of robbery with homicide.


Outline of the provisions:
Art. 296 is not applicable to principal by induction, who was not present at
1. When at least four armed malefactors take part in the commission of a
the commission of the robbery, if the agreement was only to commit
robbery, it is deemed committed by a band.
robbery. But the principal by induction would be liable for the homicide or
2. When any of the arms used in the commission of the robbery is not
other crimes that might have resulted, if he also ordered the killing of a
licensed, the penalty upon all malefactors shall be the maximum of the
particular person or any one who would resist the robbery, or the
commission of other crimes.

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As long as homicide is committed by reason or on occasion of an attempted
Conspiracy was for robbery only but homicide was also committed on the or frustrated robbery, the penalty of reclusion temporal in its maximum
occasion thereof all members of the band are liable for robbery with period to reclusion perpetua shall be imposed.
homicide unless they can show that they endeavored to prevent the
homicide. If in an attempted or frustrated robbery, the killing of the victim is qualified
by treachery or relationship, the proper penalty for murder or parricide
Proof of conspiracy is not necessary when four or more armed persons shall be imposed because it is more severe.
committed robbery.
Attempted or Frustrated Robbery with homicide are special complex crimes
Where in the course of the robbery by a band. The offended woman was not governed by Art. 48, but by the special provisions of Arts. 294 and 297,
taken by one of the accused to a place away from the house, where the respectively.
robbery was committed, and there he raped her without the knowledge of
his companions, he alone is guilty of robbery with rape. When is Art. 48 applicable in robbery? If attempted or frustrated robbery
with serious physical injuries, Art. 48 is applicable, since the felony would
The use of unlicensed firearm is not a special aggravating circumstance In fall neither under Art. 294 which covers consummated robbery with
robbery with rape or intentional mutilation, and in robbery with physical homicide nor under Art. 297 which covers attempted or frustrated robbery
injuries defined in subdivision 1 of Article 263. with homicide.

In robbery defined in any of the paragraphs 3, 4, and 5 of Art. 294, There is only one crime of attempted robbery with homicide even if slight
perpetrated by a band using unlicensed firearms, the penalty is the physical injuries were inflicted on other persons on the occasion or by
maximum of the maximum period of the proper penalty. It is not an reason of the robbery.
aggravating circumstance.
ARTICLE 298: EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION.

ARTICLE 297: ATTEMPTED AND FRUSTRATED ROBBERY COMMITED UNDER Any person who, with intent to defraud another, by means of violence or
CERTAIN CIRCUMSTANCES intimidation, shall compel him to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery and punished by the penalties
When by reason or on occasion of an attempted or frustrated robbery a homicide respectively prescribed in this Chapter.
is committed, the person guilty of such offenses shall be punished by reclusion
temporal in its maximum period to reclusion perpetua, unless the homicide Elements:
committed shall deserve a higher penalty under the provisions of this Code. a. That the offender has intent to defraud another.
b. That the offender compels him to sign, execute, or deliver any public
The term homicide in Art. 297 is used in a generic sense. Hencem it instrument or document.
includes multiple homicides, murder, parricide, or even infanticide. c. That the compulsion is by means of violence or intimidation.

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If the violence used resulted in the death of the person to be defrauded, the One essential requisite of robbery with force upon things under Art. 299 and
crime is robbery with homicide and the penalty as prescribed in par. 1 of 302 is that the malefactor should enter the building or dependency where the
Art. 294 shall be imposed. object to be taken is found.

If the execution of deeds by means of violence is only in the attempted or ARTICLE 299: ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE
frustrated stage and the violence resulted in the death of the person to be DEVOTED TO WORSHIP
defrauded, the penalty prescribed in Art. 297 shall be imposed.
Any armed person who shall commit robbery in an inhabited house or public
Must the document be public? The adjective public describes the word building or edifice devoted to religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall exceed 250 pesos, and if:
instrument only. Hence, this article applies even if the document signed,
(a) The malefactors shall enter the house or building in which the robbery was
executed or delivered is a private or commercial document. committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
Art. 298 is not applicable if the document is void. 2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools.
When the offended party is under obligation to sign, execute, or deliver the 4. By using any fictitious name or pretending the exercise of public authority.
document under the law, there is no robbery.
Or if

(b) The robbery be committed under any of the following circumstances:
Section 2 Robbery by use of force
1. By the breaking of doors, wardrobes, chests, or any other kind of locked or
upon things sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or forced open outside the
Robbery by the use of force upon things is committed only when either: place of the robbery.
1. The offender entered a house or building by any of the means specified in
Art. 299 or Art. 302, or When the offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed.
2. Even if there was no entrance by any of those means, he broke a wardrobe,

chest, or any other kind of locked or closed or sealed furniture or receptacle The same rule shall be applied when the offenders are armed, but the value of the
in the house or building, or he took it away to be broken or forced open property taken does not exceed 250 pesos.
outside.
When said offenders do not carry arms and the value of the property taken does
Two kinds of robbery with force upon things: not exceed 250 pesos, they shall suffer the penalty prescribed in the two next
preceding paragraphs, in its minimum period.
1. Robbery in an inhabited house or public building or edifice devoted to

religious worship. (Art.299)
If the robbery be committed in one of the dependencies of an inhabited house,
2. Robbery in an uninhabited place or in a private building (Art. 302) public building, or building dedicated to religious worship, the penalties next
lower in degree than those prescribed in this article shall be imposed.

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Robbery with force upon things under Subdivision A: The place entered must be a house or building. An automobile is not a
Elements: house or a building.
1. That the offender entered (a) an inhabited place, or (b) public building, or
(c) edifice devoted to religious worship. Inhabited house is any shelter, ship, or vessel constituting the dwelling of
2. That the entrance was effected by any of the following means: one or more persons even though the inhabitants thereof are temporarily
a. Through an opening not intended for entrance or egress absent when the robbery is committed.
b. By breaking any wall, roof, or floor, or breaking any door or
window Public building is every building owned by the Government or belonging to
c. By using false keys, picklocks or similar tools a private person but used or rented by the Government, although
d. By using any fictitious name or pretending the exercise of public temporarily unoccupied by the same. What makes a building public is not
authority its inauguration but the fact the State or any of its agencies having title
3. That once inside the building, the offender took personal property thereto.
belonging to another with intent to gain.
Any of the four means described in Subdivision A of Art. 299 must be
The offender must enter the house or building. If the offender merely resorted to by the offender to enter a house or building, not to get out.
inserted his hand through an opening in the wall or used a pole to get the
clothes inside the room, the crime is theft, not robbery. Through an opening not intended for entrance or egress
a. The window or a hole through the wall already in existence is not
The facts must show that the accused entered the dwelling house or intended for entrance or egress. If the culprit enters through such
building by any of the means enumerated in Subdivision A of Art. 299. The opening and once inside he takes personal property belonging to
reason for this ruling is that one of the elements of robbery under art. 299 the occupants therein, the crime is robbery.
states that the entrance is effected by any of the means described in b. The whole body of the culprit must be inside the building to
Subdivision A. constitute entering. When only his hand is introduced, there is no
robbery.
Where the manner of entrance was not proven, the crime is theft and not
robbery. This ruling applies where both the outside door and window are By breaking any wall, roof, or floor, or breaking any door or window
open, so that it is possible that the accused might have passed through the a. The force used must be actual.
door. b. The wall must be an outside wall and not a wall between rooms
because the breaking must be for the purpose of entering the
In entering the building, the offender must have an intention to take house or building.
personal property. If there is no evidence to show that the intention of the c. The outside door must be broken. Where the door itself was intact,
accused was to commit robbery, the crime committed is attempted and entered by removing the hinges or hooks, the crime was
trespass to dwelling. simple theft. Where the entrance is effected through a means
intended for entrance or egress, there must be an actual breaking
or smashing.

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d. Door refers to an outside door. It can be no other than the main
or back door. Each subdivision is independent of the other. Hence, it is not necessary
that the offender entered the building by any of the means mention in
By using false keys, picklocks, or similar tools Subdivision A. Thus, a guest in the house of the offended party may be
a. False keys are genuine keys stolen from the owner or any keys guilty of this kind of robbery if he breaks open a locked wardrobe or chest
other than those intended by the owner for use in the lock forcibly inside that house or if he takes it outside to be broken and once broken,
opened by the offender. Picklocks are those specially adopted to takes the personal property.
the commission of the crime of robbery. Breaking or destroying the keyhole of the door of an aparador is virtually
b. The genuine key must be stolen, not taken by force or with destroying a locked furniture.
intimidation. Where the offenders intimidated the inmates, the
crime was robbery with intimidation of persons. A person who carries away a sealed box for the purpose of breaking the
c. The false key or picklock must be used to enter the building and same and taking out its contents outside the place of robbery is guilty of
not open a trunk or open the drawer of a cabinet. consummated robbery even though he does not success in opening the box.
d. It is only theft when the false key is used to open wardrobe or
locked receptacle or drawer or inside door. A person who opens by force a certain locked receptable which has been
confided into his custody and takes the money therein, is guilty of Estafa
The use of fictitious name or the act of pretending to exercise authority and not robbery, because the accused does not commit the act in the house
must be to enter the building of the offended party or does not take the receptacle out from the house of
a. Ex: When robbers represented themselves as detectives by its owner.
displaying metal badges and once inside, took the money of the
offended party. Using fictitious names must be the efficient cause The penalty for robbery with force upon things in inhabited house, public
of the opening by the offended party of the door of his house to building, or edifice devoted to religious worship depends on the value of
the accused. property taken and on whether or not offender carries arm.
a. The arm carried must not be used to intimidate.
Robbery with force upon things under Subdivison B b. The liability for carrying arms while robbing an inhabited house is
Elements: extended to each of the offenders who take part in the robbery,
1. That the offender is inside a dwelling house, public building, or edifice even if some of them do not carry arms.
devoted to religious worship, regardless of the circumstances under which c. The reason why a heavier penalty is imposed for robbery in a
he entered. dwelling house is that the inhabitants might suffer bodily harm
2. That the offender takes personal property belonging to another, with intent during the commission of the robbery.
to gain, under any of the following circumstances:
a. by the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle; or
b. by taking such furniture or objects away to be broken or forced
open outside the place of the robbery.

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ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND. The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government,
The robbery mentioned in the next preceding article, if committed in an although temporarily unoccupied by the same.
uninhabited place and by a band, shall be punished by the maximum period of the
penalty provided therefor.
Notwithstanding the fact that for a period of almost a month, the house
Robbery in an inhabited house, public building or edifice devoted to was actually uninhabited, it is still robbery in an inhabited house because
religious worship is qualified when committed by a band and in an the building in question was ordinarily inhabited and intended as a dwelling.
uninhabited place.
Dependencies are all interior courts, corrals, warehouses, granaries or
The inhabited house, public building, or edifice devoted to religious worship inclosed places contiguous to the building or edifice, having an interior
must be located in an uninhabited place. entrance connected therewith, and which form part of the whole. (Art. 301
par. 2). Three requisites:
Robbery with force upon things (Art. 299), in order to be qualified, must be a. Must be contiguous to the building;
committed in an uninhabited place and by a band (Art. 300); while robbery b. Must have an interior entrance connected therewith
with violence against or intimidation of persons must be committed in an c. Must form part of the whole
uninhabited place or by a band. (Art. 295).
If the information alleges that the robbery was committed in a garage, that
ARTICLE 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING allegation is not equivalent to a charge that the robbery was committed in a
DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES. dependency of an inhabited house for a garage may or may not be a
dependency of the house. It will only be a dependency if the three
Inhabited house means any shelter, ship or vessel constituting the dwelling of one requisites mentioned are present.
or more persons, even though the inhabitants thereof shall temporarily be absent

therefrom when the robbery is committed.
Ex: A small store located on the ground floor of the house, belonging to the
All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or owner of the store
other departments or inclosed places contiguous to the building or edifice, having
an interior entrance connected therewith, and which form part of the whole, shall Orchards and lands used for cultivation, not dependencies
be deemed dependencies of an inhabited house, public building or building
dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in ARTICLE 302. ROBBERY IS AN UNINHABITED PLACE OR IN A PRIVATE BUILDING.
the terms of the next preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith. Any robbery committed in an uninhabited place or in a building other than those
mentioned in the first paragraph of Article 299, if the value of the property taken
exceeds 250 pesos, shall be punished by prision correccional if any of the
following circumstances is present:

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1. If the entrance has been effected through any opening not intended for
entrance or egress; The uninhabited place mentioned in Art. 302 is a building. A warehouse is
considered an uninhabited place.
2. If any wall, roof, flour or outside door or window has been broken;
Building other than those mentioned in the first paragraph of Art.299
3. If the entrance has been effected through the use of false keys, picklocks or
means that the place where the robbery is committed is not an inhabited
other similar tools;
house or public building or edifice devoted to religious worship.
4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has
been broken; Building includes any kind of structure used for storage or safekeeping of
personal property, such as (a) freight car and (b) warehouse.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph,
has been removed even if the same to broken open elsewhere; Paragraphs Nos. 4 and 5 of Art. 302 do not require that the offender must

have entered the uninhabited building through an opening not intended for
When the value of the property takes does not exceed 250 pesos, the penalty
next lower in degree shall be imposed. entrance or egress, or after breaking a wall, roof, floor, door, or window, or
through the use of false keys, picklocks, or other similar tools.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer Receptacle must be closed or sealed.
the penalties next higher in degree than those provided in said articles.
Is the mere removal of closed or sealed receptacle sufficient under par. 5 of
Elements: Art. 302? No. This kind of robbery requires at least an intention to open it
1. That the offender entered an uninhabited place or a building which was not by force.
a dwelling house, not a public building, or not an edifice devoted to
religious worship. The penalty is based only on value of property taken. The offender being
2. That any of the following circumstances was present: armed is not important under this article for the reason that there is no
a. The entrance was effected through an opening not intended for person who can be injured or killed.
entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks
ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED
or other similar tools; PLACE OR PRIVATE BUILDING.
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; In the cases enumerated in Articles 299 and 302, when the robbery consists in the
e. A closed or sealed receptacle was removed, even if the same be taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower
broken open elsewhere. in degree than that prescribed in said articles.
3. That with intent to gain, the offender took therefrom personal property
belonging to another. When the robbery described in Art. 299 and 302 consists in the

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taking of cereals, fruits or firewood, the penalty next lower in degree than
that prescribed in the articles shall be imposed. The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.
Next lower in degree only when the robbery is committed by the use of

force upon things, without violence against or intimidation of any person, in 2. Genuine keys stolen from the owner.
an inhabited house, public building, or edifice devoted to religious worship
(Art. 299) or in an uninhabited place or private building. 3. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender.
Even if the offender took from the camarin about 15 sacks of palay, since
the robbery committed with force upon things was accompanied with Possession of false keys in paragraphs 2 and 3 are not punishable.
violence against or intimdation of persons, Art. 303 is not applicable. The
offender should be punished under Art. 294. Ex: A proposed to B, a porter of a warehouse, to get some cases if whisky
from the warehouse, offering to pay P16 a case. A suggested to B that he
ARTICLE 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS. should take an impression of the key of the warehouse in soap paste and
have another made by a locksmith. With the key made from the
Any person who shall without lawful cause have in his possession picklocks or impression B was able to open the warehouse from which he took the
similar tools especially adopted to the commission of the crime of robbery, shall cases of whisky.
be punished by arresto mayor in its maximum period to prision correccional in its

minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If
the offender be a locksmith, he shall suffer the penalty of prision correccional in
its medium and maximum periods.

Elements of illegal possession of picklocks or similar tools:

1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the commission
of robbery.
3. That the offender does not have lawful cause for such possession.

Actual use of picklocks or similar tools, not necessary in illegal possession
thereof.

If the person who makes such tools is a locksmith, the penalty is higher.

ARTICLE 305. FALSE KEYS.

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Must be a band of robbers. A band of dissidents whose purpose is to attain
Chapter 2: Brigandage by means of force and violence, the destruction of army installations,
cannot be convicted of brigandage.

ARTICLE 306. WHO ARE BRIGANDS; PENALTY.
It would not be necessary to show that the band actually committed
When more than three armed persons form a band of robbers for the purpose of highway robbery in order to convict them.
committing robbery in the highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other purpose to be attained by means of If the accused were members of a lawless band and that the firearms
force and violence, they shall be deemed highway robbers or brigands. possessed by them were unlicensed, it is to be presumed that they were
highway robbers or brigands.
Persons found guilty of this offense shall be punished by prision mayor in its

medium period to reclusion temporal in its minimum period if the act or acts
committed by them are not punishable by higher penalties, in which case, they All are presumed highway robbers or brigands, if any of them carries
shall suffer such high penalties. unlicensed firearm.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall Brigandage may be committed without the use of firearms. The term
be presumed that said persons are highway robbers or brigands, and in case of armed covers arms and weapons in general, not necessarily firearms.
convictions the penalty shall be imposed in the maximum period.
The main objective in enacting this law is to prevent the formation of such
Brigandage is commited by more than three armed persons who form a
band.
band of robbers for the purpose of committing robbery in the highway or

kidnapping persons for the purpose of extortion or to obtain ransom, or for
The only things to prove are:
any other purpose to be attained by means of force or violence.
a. That there is an organization of more than three armed persons

forming a band of robbers.
There is brigandage when
b. That the purpose of the band is any of those enumerated in Art.
a. There be at least four armed persons
306
b. They formed a band of robbers
c. That they went upon the highway or roamed upon the country for

that purpose.
The purpose is any of the following:
d. That the accused is a member of such band.
a. To commit robbery in the highway; or

b. To kidnap persons for the purpose of extortion or to obtain
When the armed band, previous to kidnapping and taking personal
ransom; or
property of the offended party, had kidnapped and looted other persons on
c. To attain by means of force and violence any other purpose.
two other occasions, the band was held to be that of brigands. The previous

activities of the armed band were considered, because they proved the
purpose of the band.

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Highway includes streets within as well as roads outside the cities.
Elements:
If the brigands only committed robbery with homicide or kidnapping with a 1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
demand for ransom, which is penalized with higher penalty, they shall be
3. That the offender does any of the following acts:
prosecuted for robbery with homicide or kidnapping. a. He in any manner aids, abets or protects such band of brigands; or
b. He gives them information of the movements of the police or
other peace officers of the Government; or
Brigandage Robbery in Band c. He acquires or receives the property taken by such brigands.
The purpose is any of the ff: The purpose of the offenders is only to
1) To commit robbery in the commit robbery, not necessarily in the It shall be presumed that the person performing any of the acts provided in
highway highway. this article has performed them knowingly, unless the contrary is proven.
2) to kidnap persons for the
Any person who aids or protects highway robbers or abets the commission
purpose of extortion or to If the agreement was to commit only a
of highway robbery or brigandage shall be considered as an accomplice.
obtain ransom particular robbery, the offense is not
3) for any other purpose to be brigandage
attained by means of force and
violence Chapter 3: Theft
Mere formation of a band for any of the It is necessary to prove that the band
purposes mentioned in the law is actually committed robbery ARTICLE 308. WHO ARE LIABLE FOR THEFT.
sufficient, as it would not be necessary
to show that the band actually Theft is committed by any person who, with intent to gain but without violence
committed robbery in the highway. against or intimidation of persons nor force upon things, shall take personal
property of another without the latter's consent.

ARTICLE 307. AIDING AND ABETTING A BAND OF BRIGANDS. Theft is likewise committed by:

Any person knowingly and in any manner aiding, abetting or protecting a band of 1. Any person who, having found lost property, shall fail to deliver the same to
brigands as described in the next preceding article, or giving them information of the local authorities or to its owner;
the movements of the police or other peace officers of the Government (or of the
forces of the United States Army), when the latter are acting in aid of the 2. Any person who, after having maliciously damaged the property of another,
Government, or acquiring or receiving the property taken by such brigands shall shall remove or make use of the fruits or object of the damage caused by him; and
be punished by prision correccional in its medium period to prision mayor in its
minimum period. 3. Any person who shall enter an inclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner, shall
It shall be presumed that the person performing any of the acts provided in this hunt or fish upon the same or shall gather cereals, or other forest or farm
article has performed them knowingly, unless the contrary is proven. products.

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Theft is committed by any person who, with intent to gain but without a. Place the thing taken under his control and in such a situation as he
violence against or intimidation of persons nor force upon things, shall take could dispose of it at once; or
personal property of another without the latters consent. b. From the moment the offender had full possession of the things,
even if he did not have an opportunity to dispose of the same.
The following are liable for theft:
a. Those who, (a) with intent to gain, (b) but without violence against Taking in theft must have the character of permanency. By gain is meant
or intimidation of persons nor force upon things, (c) take, (d) not only the acquisition of a thing useful to the purposes of life but also the
personal property, (e) of another, (f) without the latters consent. benefit which in any other sense may be derived or expected from the act
b. Those who, (a) having found lost property, (b) fail to deliver the which is performed (People v. Fernandez). The element of taking means
same to the local authorities or to its owner. the act of depriving another of the possession and dominion of a movable
c. Those who, (a) after having maliciously damaged the propert of thing coupled with the intention, at the time of the taking, of withholding
another, (b) remove or make use of the fruits or object of the it with the character of permanency (People v. Galang)
damage caused by them.
d. Those who (a) enter an inclosed estate or a field where (b) trespass The offender must have the intention of placing the property taken under
is forbidden or which belongs to another and, without the consent his control and of making himself the owner thereof
of its owner, (c) hunt or fish upon the same or gather fruits, cereals
or other forest or farm products. If there is no taking of personal property, the crime of theft is not
committed.
Elements of theft:
a. That there be taking of personal property Personal Property includes electricity and gas because electricity is valuable
b. That said property belongs to another merchandise bought and sold like other personal property and is capable of
c. That the taking be done with intent to gain appropriation by another.
d. That the taking be done without the consent of the owner
e. That the taking be accomplished without the use of violence Intent to gain is presumed from the unlawful taking of personal property
against or intimidation of persons or use of force upon things. belonging to another. But if a person takes personal property from another
believing it to be his own, presumption of intent to gain is rebutted and,
What distinguishes theft from robbery is that in theft, the offender does not therefore, he is not guilty of theft.
use violence or intimidation or does not enter a house or building through
any of the means in Art. 299 or Art. 302 in taking personal property of It is not necessary that there was real or actual gain. It is enough that the
another with intent to gain. accused, on taking them, was actuated by the desire or intent to gain.

It is not an indispensable element of theft that the thief carry, more or less There is no theft when the taking of personal property is with the consent
far away, the thing taken by him from its owner. of its owner.

The theft is consummated when the offender is able to:

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For robbery to exist, it is necessary that there should be a taking against the Paragraph No.2, Art. 308: Removing or making use of fruits or object of
will of the owner; and for theft, it sufficed that consent on the part of the property maliciously damaged
owner is lacking. a. Ex: A defendant who shot, killed and slaughtered the cattle of
another, which had destroyed defendants plantation, and
The taking must be accomplished without violence against or intimidation distributed the meat among himself and his neighbors
of persons.
Paragraph No.3, Art. 308: Hunting, fishing, or gathering fruits, etc., in
Unless the force upon things is employed to enter a building, the taking of enclosed estate
the personal property belonging to another with intent ti gain is theft and Elements:
not robbery. a. There is an enclosed estate or a field where trespass is forbidden or
which belongs to another;
When a person has in possession, part of the recently stolen property, he is b. The offender enters the same
presumed to be the thief of all, in the absence of satisfactory explanation of c. The offender hunts or fishes upon the same or gathers fruits,
his possession. But this rule applies only when all the goods were lost at the cereals, or other forest or farm products in the estate or field; and
same time, in the same place, and on the same occasion. d. The hunting or fishing or gathering of products is without the
consent of the owner.
Paragraph No.1, Art. 308: Finder of lost property
a. Lost property embraces loss by stealing If the fish is taken from the fishpond or fishery, it is qualified theft.
b. How to prove this kind of theft:
i. The time of the seizure of the thing;
ii. That it was a lost property belonging to another; ARTICLE 309. PENALTIES.
iii. That the accused having had the opportunity to return or
deliver the lost property to its owner or to local Any person guilty of theft shall be punished by:
authorities, refrained from doing so.
c. This is not limited to actual finder. Ex: A found a purse containing 1. The penalty of prision mayor in its minimum and medium periods, if the value
of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos,
money and jewelry left by a passenger. A delivered it to B, a
but if the value of the thing stolen exceeds the latter amount the penalty shall be
policeman, with a request to give it to C, the owner thereof. B did the maximum period of the one prescribed in this paragraph, and one year for
not give it to C and appropriated it. B is liable for theft, because each additional ten thousand pesos, but the total of the penalty which may be
although B is not a finder in fact, he is a finder in law. imposed shall not exceed twenty years. In such cases, and in connection with the
d. The law does not require knowledge of the owner of the lost accessory penalties which may be imposed and for the purpose of the other
property. provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
e. Intent to gain is inferred from deliberate failure to deliver the lost
property to the proper person.
2. The penalty of prision correccional in its medium and maximum periods, if the
value of the thing stolen is more than 6,000 pesos but does not exceed 12,000
pesos.

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3. The penalty of prision correccional in its minimum and medium periods, if the other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120
value of the property stolen is more than 200 pesos but does not exceed 6,000 and B.P. Blg. 71. May 1, 1980).
pesos.
Theft is qualified
4. Arresto mayor in its medium period to prision correccional in its minimum 1. If committed by a domestic servant
period, if the value of the property stolen is over 50 pesos but does not exceed 2. If committed with grave abuse of confidence
200 pesos.
3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not cattle
exceed 50 pesos. 4. If the property stolen consists of coconuts taken from the premises of a
plantation
6. Arresto mayor in its minimum and medium periods, if such value does not 5. If the property stolen is fish taken from a fishpond or fishery
exceed 5 pesos. 6. If property is taken on the occasion of fire, earthquake, typhoon volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed

under the circumstances enumerated in paragraph 3 of the next preceding article
and the value of the thing stolen does not exceed 5 pesos. If such value exceeds When the offender is a domestic servant, it is not necessary to show that he
said amount, the provision of any of the five preceding subdivisions shall be made committed the crime with grave abuse of confidence.
applicable.
In the second kind of qualified theft, there must be allegation in the
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when information and proof of a relation, by reason of dependence, guardianship
the value of the thing stolen is not over 5 pesos, and the offender shall have acted
or vigilance, between the accused and the offended party, that has created
under the impulse of hunger, poverty, or the difficulty of earning a livelihood for
a high degree of confidence between them, which the accused abused.
the support of himself or his family.

Basis of penalty in theft: Theft by housemate is not always qualified. The abuse of confidence here is
1. The value of the thing stolen and in some cases not necessarily grave.
2. The value and also the nature of the property taken, or
3. The circumstances or causes that impelled the culprit to commit the crime. The confidence gravely abused must be that existing between the offended
party and the offender.

ARTICLE 310. QUALIFIED THEFT.
The term motor vehicle includes all vehicles propelled by power, other
The crime of theft shall be punished by the penalties next higher by two degrees than muscular power.
than those respectively specified in the next preceding article, if committed by a
domestic servant, or with grave abuse of confidence, or if the property stolen is When the purpose of taking the car is to destroy by burning it, the crime is
motor vehicle, mail matter or large cattle or consists of coconuts taken from the arson.
premises of the plantation or fish taken from a fishpond or fishery, or if property
is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any

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Theft of motor vehicle is punished under Rep. Act No.6539 or the Anti- executed by him, shall be punished by a fine from 50 to 100 per centum of the
Carnapping Act of 1992. This law now covers the unlawful taking of motor gain which he shall have obtained, but not less than 75 pesos.
vehicles.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos

shall be imposed.
What makes the theft of mail matter qualified is the fact that the subject
thereof is mail matter, regardless of whether the offender is a postal
Acts punishable:
employee or a private individual.
1. By taking possession of any real property belonging to another by means of

violence against or intimidation of persons.
The word cattle is defined as including horses, asses, mules, sheep, goats
2. By usurping any real rights in property belonging to another by means of
and swine.
violence against or intimidation of persons.


ARTICLE 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND Elements:
NATIONAL MUSEUM. 1. That the offender takes possession of any real property or usurps any real
rights in property.
If the property stolen be any property of the National Library or the National
Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 2. That the real property or real rights belong to another
pesos, or both, unless a higher penalty should be provided under other provisions 3. That violence against or intimidation of persons is used by the offender in
of this Code, in which case, the offender shall be punished by such higher occupying real property or usurping real rights in property.
penalty. 4. That there is intent to gain.

The real property or real rights must belong to another.
Under this article, the penalty is fix without regard to the value of the
property of the National Library or National Museum Ex. of Art. 312: The accused, who had lost the case in a cadastral
proceeding, took possession of the land adjudicated in favor of the
But if the crime is committed with grave abuse of confidence, the penalty offended party and harvested the palay, by means of threat and
for qualified theft shall be imposed. intimidation.

Chapter 4: Usurpation There is only civil liability if there is no violence or intimidation in
taking possession of real property.
ARTICLE 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS
IN PROPERTY. Violence or intimidation must be the means used in occupying real
property or usurping real right belonging to another. Art. 312 does not
Any person who, by means of violence against or intimidation of persons, shall apply when the violence or intimidation took place subsequent to the entry
take possession of any real property or shall usurp any real rights in property
into the property.
belonging to another, in addition to the penalty incurred for the acts of violence

Stubborn refusal of the accused to vacate the land in open
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defiance of the write of execution issued, does not constitute usurpation in Any person who shall abscond with his property to the prejudice of his creditors,
Art. 312 because the accused did not secure possession of the land by shall suffer the penalty of prision mayor, if he be a merchant and the penalty of
means of violence or intimidation. prision correccional in its maximum period to prision mayor in its medium period,
if he be not a merchant.
Usurpation Theft/Robbery
Elements:
There is occupation or There is taking or asportation.
1. That the offender is a debtor; that is, he has obligation due and payable
usurpation. 2. That he absconds with his property.
Real property or real right is involved Personal property is taken 3. That there be prejudice to his creditors.
In both, there is intent to gain.
Actual prejudice is required. Fraudulent insolvency requires malice.


If the accused is a merchant, a higher penalty shall be imposed.


The person prejudiced must be the creditor.

ARTICLE 313. ALTERING BOUNDARIES OR LANDMARKS. Distinguished from the Insolvency Law: The Insolvency Law requires for its
application that the criminal act should have been committed after the
Any person who shall alter the boundary marks or monuments of towns, institution of insolvency proceedings. Under Art. 314, there is no such
provinces, or estates, or any other marks intended to designate the boundaries of requirement.
the same, shall be punished by arresto menor or a fine not exceeding 100 pesos,
or both.
Chapter 6: Swindling and Other Deceits
Elements:
1. That there be boundary marks or monuments of towns, provinces, or
ARTICLE 315. SWINDLING (ESTAFA).
estates, or any other marks intended to designate the boundaries of the
same. Any person who shall defraud another by any of the means mentioned
2. That the offender alters said boundary marks. hereinbelow shall be punished by:

Intent to gain and fraudulent intent are not necessary 1st. The penalty of prision correccional in its maximum period to prision mayor in
its minimum period, if the amount of the fraud is over 12,000 pesos but does not
The word alter has a general and indefinite meaning. Any alteration of exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty
boundary marks is enough to constitute the material element of the crime. provided in this paragraph shall be imposed in its maximum period, adding one
year for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, and in connection with the
accessory penalties which may be imposed under the provisions of this Code, the
Chapter 5: Culpable Insolvency penalty shall be termed prision mayor or reclusion temporal, as the case may be.

ARTICLE 314: FRAUDULENT INSOLVENCY
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2nd. The penalty of prision correccional in its minimum and medium periods, if (c) By pretending to have bribed any Government employee, without prejudice to
the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos; the action for calumny which the offended party may deem proper to bring
against the offender. In this case, the offender shall be punished by the maximum
3rd. The penalty of arresto mayor in its maximum period to prision correccional in period of the penalty.
its minimum period if such amount is over 200 pesos but does not exceed 6,000
pesos; and (d) [By post-dating a check, or issuing a check in payment of an obligation when
the offender therein were not sufficient to cover the amount of the check. The
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 failure of the drawer of the check to deposit the amount necessary to cover his
pesos, provided that in the four cases mentioned, the fraud be committed by any check within three (3) days from receipt of notice from the bank and/or the payee
of the following means: or holder that said check has been dishonored for lack of insufficiency of funds
shall be prima facie evidence of deceit constituting false pretense or fraudulent
1. With unfaithfulness or abuse of confidence, namely: act. (As amended by R.A. 4885, approved June 17, 1967.)]

(e) By obtaining any food, refreshment or accommodation at a hotel, inn,
(a) By altering the substance, quantity, or quality or anything of value which the restaurant, boarding house, lodging house, or apartment house and the like
offender shall deliver by virtue of an obligation to do so, even though such without paying therefor, with intent to defraud the proprietor or manager
obligation be based on an immoral or illegal consideration. thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false pretense, or by abandoning or
(b) By misappropriating or converting, to the prejudice of another, money, goods, surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
or any other personal property received by the offender in trust or on boarding house, lodging house or apartment house after obtaining credit, food,
commission, or for administration, or under any other obligation involving the refreshment or accommodation therein without paying for his food, refreshment
duty to make delivery of or to return the same, even though such obligation be or accommodation.
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other [Link] robles virtual law library 3. Through any of the following fraudulent means:

(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 (a) By inducing another, by means of deceit, to sign any document.
offended party or of any third person.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
2. By means of any of the following false pretenses or fraudulent acts executed
prior to or simultaneously with the commission of the fraud: (c) By removing, concealing or destroying, in whole or in part, any court record,
office files, document or any other papers.

(a) By using fictitious name, or falsely pretending to possess power, influence, Elements of Estafa in general:
qualifications, property, credit, agency, business or imaginary transactions, or by a. That the accused defrauded another (a) by abuse of confidence, or (b) by
means of other similar deceits. means of deceit
b. That damage or prejudice capable of pecuniary estimation is caused to the
(b) By altering the quality, fineness or weight of anything pertaining to his art or
business. offended party or third person

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First element covers three ways of committing Estafa:
With unfaithfulness or abuse of confidence Altering the substance, quality, or quantity (examples)
By means of false pretenses or fraudulent acts a. Substance
Through fraudulent means o Delivering molasses instead of the opium promised
b. Quantity
Deceit not an essential requisite of Estafa with abuse of confidence o Delivering 98 instead of 100 shirts promised
c. Quality
Second element basis of the penalty o Delivering poor class instead of the first class rice promised
a. It is necessary that the damage or prejudice be capable of
pecuniary estimation basis of the penalty When there is no agreement as to the quality the delivery of the thing not

acceptable to the complainant is not Estafa
If there is no deceit, no abuse of confidence no Estafa, just civil liability

Element of damage may consist in Even though such obligation be based on an immoral or illegal consideration
a. The offended party being deprived of his money or property, as the crime of Estafa may arise even if the thing to be delivered is not a
result of the defraudation subject of lawful commerce, such as opium
b. Disturbance in property rights
c. Temporary prejudice B. ESTAFA WITH ABUSE OF CONFIDENCE


The crime of Estafa is not obliterated by acceptance of the offended
property of a promissory note Elements:
The accused cannot be convicted of Estafa with abuse of confidence under a. That money, goods, or other personal property be received by the offender
an information alleging Estafa by means of deceit 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
FIRST TYPE: WITH UNFAITFULNESS OR ABUSE OF CONFIDENCE b. That there be misappropriation or conversion of such money or property by
the offender, or denial on his part of such receipt
A. ESTAFA WITH UNFAITHFULNESS c. That such misappropriation or conversion or denial is to the prejudice of
another
Elements: (OAD) d. That there is a demand made by the offended party
a. That the offender has an onerous obligation to deliver something of value
b. That he alters its substance, quantity, or quality th
Note: 4 element is not necessary when there is evidence of misappropriation
c. That damage or prejudice is caused to another of the goods by the defendant

By virtue of an onerous obligation the delivery of anything of value must Check is included in the word money
be by virtue of an onerous obligation to do so
Thus, if the thing delivered had not been fully or partially paid, there is Money, goods, or other personal property must be received by the offender
no Estafa since no damage is caused (if taken without consent of the owner, the crime maybe theft, not Estafa)

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Must be received under certain kinds of transaction transferring judicial When transaction of purchase and sale fails no Estafa if the accused
possession to him acquisition of both physical and juridical possession of refused to return the advance payment
the thing received
a. In trust When the money or other personal property received by the accused is not
b. On commission to be used for a particular purporse or to be returned not Estafa
c. For administration
When the thing is received under a contract of sale on credit no Estafa
Juridical possession possession which gives the transferee a right over
the thing which the transferee may set up against the owner Criminal liability for Estafa is not affected by novation of contract
When the delivery of a chattel has not the effect of transferring the However, novation of contract from one of agency to one of sale, or to
juridical possession, or title, it is presumed that the possession of, and one of loan, relieves defendant from incipient criminal liability under
title to, the thing so delivered remain in the owner the first contract

nd
Illustration 2 element of Estafa with abuse of confidence (three ways of committing)
a. In trust instead of returning something left in trust with them, a. Misappropriating the thing received
they appropriated it to their own use (e.g. failure to turn over to b. Converting the thing received
the bank the proceeds of the sale of goods covered by trust c. Denying that the thing was received
receipts)
b. On commission Estafa by misappropriation, conversion
c. For administration when appointed to the court to administer Estafa by misappropriation does not make any distinction between
the property of the deceased, offender misappropriated the temporary and permanent misappropriation as long as there was
money for his personal benefit misappropriation, there is Estafa
Conversion presupposes that the thing has been devoted to a
The phrase or under any other obligation involving the duty to make purpose or use different from that agreed upon
delivery of, or to return the same includes quasi-contracts and certain Example of Estafa by conversion attempts to dispose of the property
contracts of bailment of another without right
In quasi contracts and contracts of bailment, juridical possession is Withholding application by agent of money received must be judged
passed (they also require the return of the same thing received) on a case-to-case basis (e.g. cannot be indicted for Estafa if there was
good faith to retain the money for the purpose of necessary protection)
Obligation to return or deliver the thing must be CONTRACTUAL without Right of agent to deduct commission from amounts collected
transferring to the accused the ownership of the thing received o If authorized no Estafa
o Otherwise Estafa
When ownership of the thing is transferred to the person who has received
it, his failure to return it will give rise to civil liability only Estafa by denying having received the thing

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Example: A borrowed a ring from B. When B asked A to return it, the
latter denied having received it --- Estafa Some principles in Estafa
NO Estafa through negligence
rd
3 element of Estafa with abuse of confidence prejudice caused Gravity of the crime determined on the basis of the amount not returned
before the institution of the criminal action
Gain for the offender is not necessary Estafa may still be charged even if
there was no benefit Theft vs. Estafa with Abuse of Confidence

To the prejudice of another not necessarily of the owner of the Theft Estafa
property; it is immaterial whether the loss was suffered by the owner or by Material possession Juridical possession
a third person Offender takes the thing Offender receives the thing
The owner expects an immediate return The owner does not expect an
Partnership liability of partners for Estafa immediate return subject to
Partners are not liable for Estafa of money or property received for agreement
the partnership when the business commenced and profits
accrued *Exception servant, domestic, or employee who misappropriates the thing he
Failure of a partner to account for partnership funds may give rise received from his master or employer is not guilty of Estafa (juridical possession
to only a civil obligation remains in the owner)
o Exception: if a partner misappropriates the share of *Selling the thing received to be pledged for the owner is theft, when the intent to
another in the profits Estafa through misappropriation appropriate existed at the time when it was received
o Exception: when the money or property had been
received for a specific purpose and but was Estafa with Abuse of Confidence vs. Malversation
misappropriated - Estafa
A co-owner is not liable for Estafa Estafa Malversation
o Exception: he is liable if, after the termination of the co- Offenders are entrusted with funds or property
ownership, he misappropriates the things which has Continuing offenses
become the exclusive property of the other Always private funds or property Usually public funds or property
4th element of Estafa with abuse of confidence demand Offender is a private individual or a Offender is a public officer
o This is the only kind of Estafa wherein demand may be required public officer not accountable for accountable for public funds or
public funds or property property
Demand is not required by law but it is NECESSARY because failure to Committed by misappropriating, Committed by appropriating, taking
account, upon demand, is circumstantial evidence of misappropriation converting, or denying or misappropriating or consenting,
negligence
Presumption of misappropriation - arises when explanation of the accused
is absolutely devoid of merit

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C. ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE Three ways of committing:
OFFENDED PARTY IN BLANK 1. By using fictitious name
2. By falsely pretending to possess (a) power, (b) influence, (c) qualifications,
Elements: (d) property, (e) credit, (f) agency, (g) business or imaginary transactions
1. That the paper with the signature of the offended party be in blank 3. By means of other similar deceits
2. That the offended party should have delivered it to the offender
3. That above the signature of the offended party a document is written by Guiding Principles
the offender without authority to do so
4. That the document so written creates a liability of, or causes damage to, Indispensible requirement the element of deceit, consisting in the
the offended party or any third person false statement or fraudulent representation be made prior to, or, at
least simultaneously with, the delivery of the thing by the complainant,
Note: the paper with the signature in blank must be delivered by the offended it being essential that such acts constitute the very cause or the only
party to the offended party (if stolen, crime is falsification) motive which induces the complainant to part with the thing
Pretense must be false
ESTAFA BY MEANS OF DECEIT (Art. 315, Subdivisions 2 and 3) The offended party must be deprived of his property

Elements: Fictitious name person uses a name other than his real name
1. That there must be a false pretense, fraudulent act or fraudulent means Possessing power e.g. falsely pretending that a worthless piece of paper
2. That such false pretense, fraudulent act or fraudulent means must be made possessed power; pretending to be a magician with powers to discover
or executed prior or simultaneously with the commission of the fraud hidden treasure
3. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with his money or Possessing influence e.g. falsely representing that one had influence in
property because of the false pretense, fraudulent act, or fraudulent Malacaang
means
4. That as a result thereof, the offended party suffered damage Possessing property (money) e.g. pretending the presence of sufficient
funds
Note: there is no deceit if the complainant was aware of the fictitious nature of
the pretense Possessing credit e.g. falsely presenting oneself as having credits to pay
for a service
Fraud must be proved with clear and positive evidence
Possessing agency e.g. pretending to be the depositary of goods
SECOND TYPE: BY MEANS OF ANY OF THE FOLLOWING FALSE PRETENSES OR
FRAUDULENT ACTS EXECUTED PRIOR TO OR SIMULTANEOUSLY WITH THE Possessing business e.g. pretending to have a business
COMMISSION OF THE FRAUD

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By means of other similar deceits e.g. pretending that a deed was validly When a check is issued in lieu of a promissory note, it is in payment of a
made pre-existing obligation
The accused MUST be able to obtain something from the offended party by
Estafa through falsification any person who falsifies, counterfeits or imitates the means of the check he issues and delivers
signatures of others may by liable for Estafa thru falsification Exception: when the check is issued not in payment of an
Estafa through false pretense made in writing is only a simple crime of obligation
Estafa, not Estafa through falsification When postdated checks are issued by the parties only as promissory notes
no Estafa even if there are no sufficient funds
Estafa by altering the quality, fineness or weight of anything pertaining to his art or When the check is issued by a guarantor no Estafa
busines may be illustrated wherein a jeweler defrauded a person who asked for a Prima facie evidence of deceit the drawer is given three days to make
gold ring but was given a ring created from a stone with lower value good the said check by depositing the necessary funds to cover the amount
thereof; otherwise, a prima facie presumption will arise as to existence of
Estafa by pretending to have given bribe committed by any person who would ask fraud, which is an element in the crime of Estafa
money from another for the alleged purpose of bribing a government employee, GOOD FAITH defense in a charge of Estafa by postdating or issuing a check
when in truth and in fact the offender intended to convert the money to his own (belief that one may by able to deposit sufficient funds in the bank)
personal use and benefit One who uses the check may also be liable there must be knowledge that
the drawer had no sufficient funds
ESTAFA BY MEANS OF FRAUDULENT ACTS The payee must be defrauded
Estafa by issuing a bad check continuing crime
The acts must be fraudulent acts characterized by, or founded on, deceit, trick or
cheat Batas Pambansa Blg. 22

Estafa by postdating a check or issuing a check in payment of an obligation Elements of the offense under the first paragraph under Section 1
Elements: 1. That a person makes or draws and issues any check
1. That the offender postdated a check, or issued a check in payment of an 2. That the check is made or drawn and issued to apply on account or for
obligation value
2. That such postdating or issuing a check was done when the offender had no 3. That the person who makes or draws and issues the check knows at the
funds in the bank, or his funds deposited therein were not sufficient to time of issue that he does not have sufficient funds in or credit with the
cover the amount of the check drawee bank for the payment of such check in full upon its presentment
4. That the check is subsequently dishonored by the drawee bank for
The check issued must be genuine, not falsified (if falsified, the crime is insufficiency of funds or credit, or would have been dishonored for the
Estafa through falsification of a commercial document) same reason had not the drawer, without any valid reason, ordered the
The check must be postdated or issued in payment of an obligation bank to stop payment
contracted at the time of the issuance and delivery of the check check
should not be issued in payment of a pre-existing obligation Elements of the offense under the second paragraph under Section 1
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1. That a person has sufficient funds in or credit with the drawee bank when Estafa by obtaining food or accommodation at a hotel, etc.
he makes or draws and issues a check Acts punishable:
2. That he fails to keep sufficient funds or to maintain a credit to cover the full 1. By obtaining food, refreshment or accommodation at a hotel, inn,
amount of the check if presented within a period of 90 days from the date restaurant, boarding house, lodging house or apartment house without
appearing thereon paying therefor, with intent to defraud the proprietor or manager thereof
3. That the check is dishonored by the drawee ban 2. By obtaining credit at any of said establishments by the use of any false
pretense
Gravamen of BP 22 issuance of a check 3. By abandoning or surreptitiously removing any part of his baggage from any
BP 22, unlike the RPC, punishes the issuance of a subsequently dishonored of said establishments after obtaining credit, food, refreshment or
check in payment of a pre-existing obligation accommodation therein, without paying therefor
If the offender issues a check in payment (of) or contemporaneously with
incurring an obligation he may be punished by both the RPC and BP 22 THIRD TYPE: THROUGH ANY OF THE FOLLOWING FRAUDULENT MEANS
BP 22 requires that the person who made or drew and issued the check
knew at the time of the issue that he does not have sufficient funds Estafa by inducing another to sign any document
The act of the offender when he orders the bank to stop payment of the Elements:
check, it is not a valid defense if he had no sufficient funds that would have 1. That the offender induced the offended party to sign a document
made the check dishonored anyway 2. That deceit be employed to make him sign the document
Lack of written notice of dishonor is fatal a mere oral notice or demand to 3. That the offended party personally signed the document
pay would appear to be insufficient for conviction under the law 4. That prejudice be caused
Notice of dishonor to corporation is NOT notice to officer who issued the
check There must be an inducement to sign the document
Presumption Drawer had knowledge of the insufficiency of funds Deceit must be employed there can be no conviction in the absence of
o Exceptions: proof that defendant made statements tending to mislead complainant
Check is presented after 90 days from the date of the
check Estafa by resorting to some fraudulent practice to insure success
Drawer pays the holder of the check the amount due
thereon within 5 banking days after receiving notice that Estafa by removing, concealing, or destroying documents
such check has not been paid by the drawee Elements:
Drawer makes arrangements for payment in full by the 1. That there be court record, office files, documents or any other papers
drawee of such check within 5 banking days after notice 2. That the offender removed, concealed, or destroyed any of them
of non-payment 3. That the offender had intent to defraud another

If there was no intent to defraud malicious mischief
Destroying a promissory note intended to pay for something prima facie
evidence for Estafa

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4. That the act be made to the prejudice of the owner or a third person.

Ex: A sold a parcel of land to B. Later, A sold the same parcel of land to C,
Article 316. Other forms of swindling.
representing to the latter that he (A) was the owner thereof. At the time he
sold the land to C, A was no longer the owner of the property.
The penalty of arresto mayor in its minimum and medium period and a fine of not

less than the value of the damage caused and not more than three times such
The thing disposed of must be real property. If the property is a chattel, the
value, shall be imposed upon:
act is punishable as Estafa under Art. 315, that is, by falsely pretending to
possess property or by means of other similar deceits.
1. Any person who, pretending to be owner of any real property, shall convey,

sell, encumber or mortgage the same.
There must be existing real property. Where the accused sold non-existent
land, he is guilty of Estafa by means of false pretenses.
2. Any person, who, knowing that real property is encumbered, shall dispose of

the same, although such encumbrance be not recorded.
Article 316, Par. 1 penalizes only a person who pretends to be the owner
and not one who claims to be the owner.
3. The owner of any personal property who shall wrongfully take it from its lawful

possessor, to the prejudice of the latter or any third person.
Since the penalty is based on the value of the damage caused, mere
intent to cause damage is not sufficient. There must be actual damage
4. Any person who, to the prejudice of another, shall execute any fictitious
caused.
contract.

5. Any person who shall accept any compensation given him under the belief that Art. 316, Par. 1 Art. 315, Par. 2 (a)
it was in payment of services rendered or labor performed by him, when in fact he Covers a specific situation where the This circumstance need not be
did not actually perform such services or labor. offender exercises or executes, some present under this article.
act of dominion or ownership over the
6. Any person who, while being a surety in a bond given in a criminal or civil property to the damage and prejudice
action, without express authority from the court or before the cancellation of his
of the real owner of the thing.
bond or before being relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property or properties with
which he guaranteed the fulfillment of such obligation.
Par. 2 By disposing of real property as free from encumbrance, although such
encumbrance be not recorded
Par. 1 By conveying, selling, encumbering, or mortgaging any real property,
pretending to be the owner of the same
Elements:
1. That the thing disposed of be real property.
Elements: 2. That the offender knew that the real property was encumbered whether
1. That the thing be immovable, such as a parcel of land or a building the encumbrance is recorded or not
2. That the offender who is not the owner of the said property should 3. That there must be express representation by the offender that the real
represent that he is the owner thereof. property is free from encumbrance
3. That the offender should have executed an act of ownership (selling, 4. That the act of disposing of the real property be made to the damage of
leasing, encumbering or mortgaging the real property). another.

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A mortgaged his property to B. Later, A, misrepresenting that said property Par. 3 By wrongfully taking by the owner his personal property from its lawful
is free from encumbrance, mortgaged it again, this time to C. But if C knew possessor
that the property had already been mortgaged to B, C cannot complain, as
there is neither deceit nor fraud. Elements:
1. That the offender is the owner of personal property
The act constituting the offense is disposing of the real property falsely 2. That said property is in the lawful possession of another.
representing that it is free from encumbrance. 3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby cause to the possessor or third person.
Encumbrance includes every right or interest in the land which exists in
favor of third persons. Ex: mortgage, ordinary lease, attachment, lien of a The accused pawned his watch to the complainant. Later, pretending to
judgment, execution sale subject to redemption. have the money for redeeming the watch, the accused asked the offended
party to give him the watch. Once in possession of it, he carried it away
The offended party would not have granted the loan had he known that the without paying the loan
property was already encumbered.
The offender must be the owner of the personal property.
When the loan had already been granted when defendant offered the
property as security for the payment of the loan, art. 316, par. 2 is not The personal property must be in the lawful possession of another.
applicable.
The taking is wrongful when it is without the consent of the possessor, or
There are several types of encumbrances. Some require registration to be when deceit is employed by the owner of the personal property in inducing
valid. Under this article, although such encumbrance be not recorded, it the possessor to give it to him.
must be valid.

Damage is essential.
The thing disposed of must be real property. If personal property, Art. 319

applies.

Par. 4 By executing any fictitious contract to the prejudice of another
The offender must know that the real property is encumbered.


Par. 5 By accepting any compensation for services not rendered or for labor not
It is necessary to prove fraud or deceit. The mere fact that the encumbered
performed.
real property is disposed of again by the owner does not in itself constitute

swindling.
This kind of estafa requires fraud as an important element. If there is no

fraud, it becomes payment not owing, known as solution indebiti. It would
When the third element is not established, there is no crime. Passive
seem that what constitutes estafa under this paragraph is the malicious
attitude is insufficient to constitute fraud. The fraud contemplated in the
failure to return the compensation wrongfully received.
law must be the result of some overt acts.


Para. 6 By selling, mortgaging or encumbering real property or properties with
There must be damage caused. If no damage, no crime of estafa. Intention
which the offender guaranteed the fulfillment of his obligation as surety.
to cause damage is not sufficient because the basis of the fine is the value

of the damage caused
Elements:
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1. That the offender is a surety in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real property Real property not included since a minor cannot convey real
or properties. property without judicial authority.
3. That he sells, mortgages, or in any other manner encumbers said real
property.
ARTICLE 318. OTHER DECEITS.
4. That such sale, mortgage or encumbrance is (a) without express authority
from the court or (b) made before the cancellation of his bond, or (c) before The penalty of arresto mayor and a fine of not less than the amount of the
being relieved from the obligation contracted by him. damage caused and not more than twice such amount shall be imposed upon any
person who shall defraud or damage another by any other deceit not mentioned
There must be damage caused. The damage should not be merely potential
in the preceding articles of this chapter.
or speculative.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell
ARTICLE 317. SWINDLING A MINOR. fortunes, or take advantage of the credulity of the public in any other similar
manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200
Any person who taking advantage of the inexperience or emotions or feelings of a pesos.
minor, to his detriment, shall induce him to assume any obligation or to give any
release or execute a transfer of any property right in consideration of some loan Other deceits are:
of money, credit or other personal property, whether the loan clearly appears in
1. By defrauding or damaging another by any other deceit not mentioned in
the document or is shown in any other form, shall suffer the penalty of arresto
the preceding articles.
mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the
2. By interpreting dreams, by making forecasts, by telling fortunes, or by
obligation contracted by the minor.
taking advantage of the credulity of the public in any other similar manner,
for profit or gain.
Elements:
1. That the offender takes advantage of the inexperience or emotions or Damage is required.
feeling of a minor.
2. That he induces such minor (1) to assume an obligation, or (2) to give Ex: The accused hired and used a vehicle and then failed to pay the fare,
release, or (3) to execute a transfer of any property right. because he had no money.
3. That the consideration is (1) some loan of money, (2) credit, or (3) other
personal property
4. That the transaction is to the detriment of such minor. Chapter 7: Chattel Mortgage

The act of causing a minor to sign a receipt for P480 when as a ARTICLE 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY.
matter of fact the minor received P400 only, coupled with the circumstance
that the minor was a fugitive from the house of his parents and was very The penalty or arresto mayor or a fine amounting to twice the value of the
badly in need of money. property shall be imposed upon:
1. Any person who shall knowingly remove any personal property mortgaged
Actual proof of deceit or misrepresentation is not essential as it is under the Chattel Mortgage Law to any province or city other than the one in
sufficient that the offender takes advantage of the inexperience or which it was located at the time of the execution of the mortgage, without the
emotions of the minor. written consent of the mortgagee, or his executors, administrators or assigns.

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2. Any mortgagor who shall sell or pledge personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage Law, without the Object of Art. 319:
consent of the mortgagee written on the back of the mortgage and noted on the
record hereof in the office of the Register of Deeds of the province where such So that mortgage creditors may be protected against loss or inconvenience
property is located. resulting from the wrongful removal or sale of the mortgaged property.

Purpose of Par. 1, Art. 319

The protection of the mortgagee who should be able to have a ready access
to, and easy reach of the property subject of the mortgage.

Acts punishable under Art. 319

1. By knowingly removing any personal property mortgaged under the
Chattel Mortgage Law to any province or city other than the one in which it
was located at the time of execution of the mortgage, without the written
consent of the mortgagee or his executors, administrators, or assigns.
2. By selling or pledging personal property already pledged, or any part
thereof, under the terms of the Chattel Mortgage Law, without the consent
of the mortgagee written on the back of the mortgage and noted on the
record thereof in the office of the register of deeds of the province where
such property is located.

Elements:
1. That personal property is mortgaged under the Chattel Mortgage Law.
2. That the offender knows that such property is so mortgaged
3. That he removes such mortgaged personal property to any province or city
other than the one in which it was located at the time of the execution of
the mortgage.
4. That the removal is permanent.
5. That there Is no written consent of the mortgagee or his executors,
administrators, or assigns to such removal.


The third person who removed the property is liable under this article
because of the phrase the offender is any person

No felonious intent when transfer of personal property is due to change of
residence.

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The removal must be coupled with intent to defraud. 1. One (1) or more buildings or edifices, consequent to one single act of burning,
or as result of simultaneous burnings, or committed on several or different
Filing a civil for collection, not for foreclosure of chattel mortgage, relieves occasions.
the accused of criminal responsibility.
2. Any building of public or private ownership, devoted to the use of the public in
Elements of selling or pledging personal property already pledged: general, or where people usually gather or congregated for a definite purpose
1. That personal property is already pledged under the terms of the Chattel such as but not limited to official governmental function or business, private
Mortgage Law transaction, commerce, trade, worship, meetings and conferences, or merely
2. That the offender, who is the mortgagor of such property, sells or pledges incidental to a definite purpose such as but not limited to hotels, motels,
the same or any part thereof transient dwellings, public conveyance or stops or terminals, regardless of
3. That there is no consent of the mortgagee written on the back of the whether the offender had knowledge that there are persons in said building or
mortgage and noted on the record thereof in the office of the register of edifice at the time it is set on fire, and regardless also of whether the building is
deeds. actually inhabited or not.

Second chattel mortgage is, aside from sale or pledge, contemplated by 3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
the law transportation or convenience, or public use, entertainment or leisure.

Consent of the mortgage must be (1) in writing, (2) on the back of the 4. Any building, factory, warehouse installation and any appurtenances thereto,
mortgage, and (3) noted on the record thereof in the office of the register which are devoted to the service of public utilities.
of deeds.
5. Any building, the burning of which is for the purpose of concealing or
Damage is not necessary. destroying evidence of another violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from insurance.
Art. 316 Art. 319
Irrespective of the application of the above enumerated qualifying
In par. 2 of Art. 316, the property The property involved is
circumstances, the penalty of death shall likewise be imposed when the arson is
involved is real property personal property. perpetrated or committed by two (2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn or destroy the building or
Purpose: to protect the purchaser Purpose: to protect the mortgagee the edifice, or the burning merely constitutes an overt act in the commission or
another violation of law.
Chapter 8: Arson and Other Crimes Involving Destructions The penalty of reclusion temporal in its maximum period to death shall also be

imposed upon any person who shall burn:
ARTICLE 320. DESTRUCTIVE ARSON.
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
The penalty of reclusion temporal in its maximum period to death shall be ordinance storehouse, archives or general museum of the government.
imposed upon any person who shall burn: .chan robles virtual law library
2. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.

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If as a consequence of the commission of any of the acts penalized under this 1. Any building used as offices of the government or any of its agencies;
Article, death or injury results, or any valuable documents, equipment, 2. Any inhabited house or dwelling;
machineries, apparatus, or other valuable properties were burned or destroyed,
the mandatory penalty of death shall be imposed." 3. Any industrial establishment, shipyard, oil well or mine shaft, platform or
tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest;
PRESIDENTIAL DECREE NO. 1613: AMENDING THE LAW ON ARSON
4. Any rice mill, sugar mill, cane mill or mill central; and
Section 1. Arson. Any person who burns or sets fire to the property of another
5. Any railway or bus station, airport, wharf or warehouse.
shall be punished by Prision Mayor.
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of
The same penalty shall be imposed when a person sets fire to his own property
arson shall be imposed in its maximum period;
under circumstances which expose to danger the life or property of another.
1. If committed with intent to gain;
Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum
period to Reclusion Perpetua shall be imposed if the property burned is any of the 2. If committed for the benefit of another;
following:
3. If the offender is motivated by spite or hatred towards the owner or occupant
of the property burned;
1. Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored. 4. If committed by a syndicate.
2. Any archive, museum, whether public or private, or any edifice devoted to The offense is committed by a syndicate if it is planned or carried out by a group
culture, education or social services. of three (3) or more persons.
3. Any church or place of worship or other building where people usually
Section 5. Where Death Results from Arson. If by reason of or on the occasion of
assemble.
the arson death results, the penalty of Reclusion Perpetua to death shall be
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for imposed.
transportation of persons or property
Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall
4. Any building where evidence is kept for use in any legislative, judicial,
constitute prima facie evidence of arson:
administrative or other official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping 1. If the fire started simultaneously in more than one part of the building or
center, public or private market, theater or movie house or any similar place or establishment.
building.
2. If substantial amount of flammable substances or materials are stored within
6. Any building, whether used as a dwelling or not, situated in a populated or the building note necessary in the business of the offender nor for household us.
congested area.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances
or materials soaked therewith or containers thereof, or any mechanical, electrical,
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion chemical, or electronic contrivance designed to start a fire, or ashes or traces of
Perpetua shall be imposed if the property burned is any of the following:

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any of the foregoing are found in the ruins or premises of the burned building or Arson is defined as the malicious destruction of property by fire.
property.
There is no frustrated arson.
4. If the building or property is insured for substantially more than its actual value

at the time of the issuance of the policy.
P.D. 1613 remains the governing law for Simple Arson.
5. If during the lifetime of the corresponding fire insurance policy more than two
fires have occurred in the same or other premises owned or under the control of Destructive Arson is still governed by Art. 320.
the offender and/or insured.
Homicide is absorbed. There is no complex crime of arson with homicide.
6. If shortly before the fire, a substantial portion of the effects insured and stored
in a building or property had been withdrawn from the premises except in the
ordinary course of business.
Chapter 9: Malicious Mischief
7. If a demand for money or other valuable consideration was made before the
fire in exchange for the desistance of the offender or for the safety of the person
or property of the victim. ARTICLE 327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be Any person who shall deliberately cause the property of another any damage not
punished by Prision Mayor in its minimum period. falling within the terms of the next preceding chapter shall be guilty of malicious
mischief.
Section 8. Confiscation of Object of Arson. The building which is the object of
arson including the land on which it is situated shall be confiscated and escheated Elements:
to the State, unless the owner thereof can prove that he has no participation in 1. That the offender deliberately caused damage to the property of another.
nor knowledge of such arson despite the exercise of due diligence on his part. 2. That such act does not constitute arson or other crimes involving
destruction.
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised 3. That the act of damaging anothers property be committed merely for the
Penal Code and all laws, executive orders, rules and regulations, or parts thereof, sake of damaging it.
inconsistent with the provisions of this Decree are hereby repealed or amended
accordingly. Note: This third element presupposed that the offender acted due to hate,
revenge, or other evil motive.
Section 10. Effectivity. This Decree shall take effect immediately upon publication
thereof at least once in a newspaper of general circulation. The offender should act under this impulse of a specific desire to inflict
injury to another.
The penalty of reclusion temporal in its maximum period to death shall be
imposed upon any person who shall burn: Malicious mischief cannot be committed through negligence, since culpa
and malice are essentially incompatible.

Malicious mischief embraces sometimes the mere pleasure of destroying.

If no malice, only civil liability.

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The crime of malicious mischief is not determined solely by the mere act of 1. By arresto mayor in its medium and maximum periods, if the value of the
inflicting injury upon the property of a third person, but it must be shown damage caused exceeds 1,000 pesos;
that the act had for its object, the injury of the property merely for the sake
of damaging it. 2. By arresto mayor in its minimum and medium periods, if such value is over 200
pesos but does not exceed 1,000 pesos; and
Damage means not only loss but also diminution of what is a mans own.
3. By arresto menor or fine of not less than the value of the damage caused and
not more than 200 pesos, if the amount involved does not exceed 200 pesos or
Article 328. Special cases of malicious mischief.
cannot be estimated.
Any person who shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance; or spreading any Mischiefs not included in Art. 328 are punished according to the value of
infection or contagion among cattle; or who cause damage to the property of the damage caused.
National Museum or National Library, or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the public, shall be If the amount involved cannot be estimated, the penalty of arresto menor
punished:
or fine not exceeding P200 is fixed by law.

1. By prision correccional in its minimum and medium periods, if the value of the
damage caused exceeds 1,000 pesos; ARTICLE 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION.

2. By arresto mayor, if such value does not exceed the abovementioned amount The penalty of prision correccional in its medium and maximum periods shall be
but it is over 200 pesos; and imposed upon any person who shall damage any railway, telegraph or telephone
lines.
3. By arresto menor, in such value does not exceed 200 pesos.
If the damage shall result in any derailment of cars, collision or other accident, the
These special cases of malicious mischief are: penalty of prision mayor shall be imposed, without prejudice to the criminal
1. Causing damage to obstruct the performance of public functions liability of the offender for the other consequences of his criminal act.
2. Using any poisonous or corrosive substance
For the purpose of the provisions of the article, the electric wires, traction cables,
3. Spreading any infection or contagion among cattle signal system and other things pertaining to railways, shall be deemed to
4. Causing damage to the property of the National Museum or National constitute an integral part of a railway system.
Library, or to any archive or registry, waterworks, road, promenade, or any
other thing used in common by the public. Damage and obstruction to means of communication is committed by
damaging any railway, telegraph or telephone lines.
Note; These cases of malicious mischief are the so called qualified malicious
mischief. Qualifying circumstance: If the damage shall result in any derailment of
cars, collision, or other accident.
ARTICLE 329. OTHER MISCHIEFS.

The mischiefs not included in the next preceding article shall be punished:
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The derailment or the collision of cars should not have been purposely 2. Swindling (estafa)
sought for by the offender. It must have resulted from damage to railway, 3. Malicious Mischief
telegraph, or telephone lines.
Note: If the crime is robbery or estafa through falsification, this article does not
ARTICLE 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR apply.
PAINTINGS.
Persons exempted from criminal liability:
Any person who shall destroy or damage statues or any other useful or 1. Spouses, ascendants and descendants, or relatives by affinity in the same
ornamental public monument shall suffer the penalty of arresto mayor in its line.
medium period to prision correccional in its minimum period.
2. The widowed spouse with respect to the property which belonged to the
Any person who shall destroy or damage any useful or ornamental painting of a deceased spouse before the same passed into the possession of another.
public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
pesos, or both such fine and imprisonment, in the discretion of the court. together.

No criminal liability but only civil liability.

Chapter 10: Exemption from Criminal Liability in Crimes
The reason for exemption from criminal liability is the recognition by the
Against Property law of the presumed co-ownership of the property between the offender
and the offended party.
ARTICLE 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY.
This article does not apply to stranger who participates in the commission
No criminal, but only civil liability, shall result from the commission of the crime of the crime
of theft, swindling or malicious mischief committed or caused mutually by the
following persons:
Stepfather, adoptive father, natural children, concubine, paramour,
1. Spouses, ascendants and descendants, or relatives by affinity in the same line. included

2. The widowed spouse with respect to the property which belonged to the Art. 332 applies to common-law spouses.
deceased spouse before the same shall have passed into the possession of
another; and3. Brothers and sisters and brothers-in-law and sisters-in-law, if living The widowed spouse who commits theft, estafa, or malicious mischief with
together.
respect to property of deceased to be exempt from criminal liability, it is
The exemption established by this article shall not be applicable to strangers required that:
participating in the commission of the crime. a. The property belongs to the deceased spouse; and
b. It has not passed into the possession of a third person.
Crimes involved in the exemption:
1. Theft

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Brothers and sisters and brothers-in-law and sisters-in-law must be living Carnal knowledge may be proved by circumstantial evidence. The legal
together at the time of the commission of any of the crimes of theft, estafa tenet, therefore has been and still is that circumstantial and corroborative
or malicious mischief. evidence will suffice to bring about the conviction for that crime.
The man, single or married, must have knowledge of the married status of
the woman before carnal union to be guilty of adultery.
TITLE XI CRIMES AGAINST CHASTITY
Note: This kind of evidence is not sufficient for the application of Art: 247
(Death or physical injuries inflicted under exceptional circumstances), which
Chapter 1: Adultery and Concubinage require that a married person should surprise his spouse in the act of sexual
Art. 333 Who are guilty of adultery intercourse with another person.
Adultery is 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 Consummation:
knowing her to be married, even if the marriage be subsequently declared void. The crime of adultery is an instantaneous crime, consummated and
completed at the moment of carnal union.
Each sexual intercourse constitutes a separate crime of adultery. Adultery
therefore is not a continuing offense.
Adultery shall be punished by prision correccional in its medium and maximum
periods. Mitigating Circumstances in Adultery:
Abandonment without justification - one degree lower U.S. v Serrano, et

al., 28 Phil. 230
If the person guilty of adultery committed this offense while being abandoned Sheer necessity - two degrees lower People v Alberto, et al., 47 O.G. 2438
without justification by the offended spouse, the penalty next lower in degree Abandonment as mitigating circumstance should be applied for both
than that provided in the next preceding paragraph shall be imposed. offenders.
Effect of the acquittal of one of the defendants does not operate as a
Elements: (M-S-K) cause for acquittal of the other. Nor does the death of the offended party.
1. That the woman is married; But if offended party dies before a complaint could be filed, the case
2. That she has sexual intercourse with the man not her husband; cannot go on, because no once can sign and file the complaint.
3. That as regards the man with whom she has sexual intercourse, he must know
her to be married. Pardon:
For pardon to apply, it must:
Essence: Come before the institution of the criminal prosecution; and
Both offenders must be pardoned by the offended party as required in Art.
The violation of marital vows
344.
Gist of crime - The danger of introducing spurious heirs into the family.
The act of having intercourse of the offended party with the offending
Rights of real heirs may be impaired and man may be charged with
spouse subsequent to the adulterous conduct is at best an implied pardon
maintenance of a family not his own.
of said adulterous act. People v Muguerza, et al., 13 C.A. Rep. 1079
Offenders: The married woman and man who knows her to be married.
When husband does nothing to interfere with the relations of his wife with
There must be a legal marriage between the offended party and the
her co-accused, he may be considered as having consented to the infidelity
defendant, at the time of the filing of the complaint.
of his wife, which bars him from instituting criminal complaint. People v
Guinucud, et al., 58 Phil. 621

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When spies are employed, there is no evidence of scandalous
Note: Under the law, there is no accomplice in adultery. circumstances appearing that none of the people living in the vicinity has
observed any suspicious conduct.



Art. 334 Concubinage For the third circumstance:
Any husband who shall keep a mistress in the conjugal dwelling, or Mere cohabitation in any other place is sufficient. Proof of scandalous
shall have sexual intercourse, under scandalous circumstances, with a circumstances is not necessary even disregarding proofs of actual sexual
woman who is not his wife, or shall cohabit with her in any other place, intercourse.
shall be punished by prision correccional in its minimum and medium
Cohabits - means to dwell together, in the manner of husband and wife,
periods.
for some period of time, as distinguished from occasional, transient
The concubine shall suffer the penalty of destierro.
interviews for unlawful intercourse.
That the accused is really the father of the child, alone and by itself, is not
Elements: (M-K-U-C-K)
sufficient to prove the offense charged. What must be proved is the
1. That the man must be married.
presence of the three stated circumstances. People v Benlot, et al., 16 C.A.
2. That he committed any of the following acts:
Rep. 539
a. Keeping a mistress in the conjugal dwelling,
Note: Adultery is more severely punished than concubinage because
b. Having sexual intercourse under scandalous circumstances with a
adultery makes possible the introduction of another man's blood into the
woman who is not his wife;
family so that the offended husband may have another man's son bearing
c. Cohabiting with her in any other place.
his name and receiving support from him.
3. That as regards the woman, she must know him to be married.


Offenders:
The married man and the woman who knows him to be married.
Chapter 2: Rape and acts of Lasciviousness
A married man is not liable for concubinage for mere sexual relations with Art. 335 - When and how rape is committed
a woman not his wife. The sexual relations must fall under the three Rape is committed by having carnal knowledge of a woman under any of the
circumstances mentioned for him to be criminally liable. following circumstances:
For the circumstance of concubinage by keeping a mistress in the conjugal
1. By using force or intimidation;
dwelling to apply, the husband must take into the conjugal house his
concubine and they lived there together conjugally. 2. When the woman is deprived of reason or otherwise unconscious; and
Conjugal dwelling - is meant the home of the husband and wife even if the
wife happens to be temporarily absent on any account. 3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.
For the second circumstance:
It is only when the mistress is kept elsewhere (outside of the conjugal The crime of rape shall be punished by reclusion perpetua.
dwelling) that "scandalous circumstances" becomes an element of the
crime. U.S. V Macabagbag, et al., 31 Phil. 257 Whenever the crime of rape is committed with the use of a deadly weapon or by
Scandalous - means any imprudent and wanton conduct offensive to the two or more persons, the penalty shall be reclusion perpetua to death.
public that redounds to the detriment of the feelings of honest persons.

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When by reason or on the occasion of the rape, the victim has become insane, the thought and purposes of the defendant who could devise such method.
penalty shall be death. U.S. v. Bailoses, 2 Phil. 49
In U.S. v Bailoses and People v Fernando, Acts of lasciviousness is
When rape is attempted or frustrated and a homicide is committed by reason or distinguished from Grave Coercion. In Bailoses, the compulsion by beating
on the occasion thereof, the penalty shall be likewise death. the girl is included in the constructive element of force in the crime of acts
of lasciviousness. In Fernando (where a 60 year old woman was slapped,
When by reason or on the occasion of the rape, a homicide is committed, the stripped off, and tied by the accused to compel her to admmit that she
penalty shall be death. stole the shoes of a certain person) the compulsion is the very act
constituting the offense of grave coercion.
Motive of lascivious acts is not important because the essence of lewdness
Note: Repealed, check Art. 266 for the revised version is in the very act itself.
The presence or absence of lewd designs is inferred from the nature of the
acts themselves and the environmental circumstances. Being a purely
Art. 336 Acts of lasciviousness mental process discernible only by overt acts, no inflexible rule can be laid
Any person who shall commit any act of lasciviousness upon other persons of down as an accurate measure. What constitutes lewd or lascivious conduct
either sex, under any of the circumstances mentioned in the preceding article, must be determined from the circumstances of each case.
shall be punished by prision correccional. Placing a man's private parts over a girl's organ is an act of lasciviousness.
U.S. v Tan Teng, 23 Phil. 145
The acts of lasciviousness must be committed under any of the
Elements: (A-E-F-D-F-U) circumstances mentioned in the definition of the crime of rape.
1. That the offender commits any act of lasciviousness of lewdness; The intimidation or physical force need not necessarily be irresistible.
2. That the act of Lasciviousness is committed against a person of either
sex; AOL Distinguished from Attempted Rape:
3. That it is done under any of the following circumstances;
a. By using force or intimidation; or
ACTS OF LASCIVIOUSNESS ATTEMPTED RAPE
b. When the offended party is deprived of reason or otherwise
unconscious; Either Sex
c. By means of fraudulent machinations or grave abuse of
Performance of acts of lasciviousness
authority;
d. When the offended party is under 12 years of age or is Lewd intent Lie with offended party
demented. Lascivious acts are the final Lascivious acts merely
objective preparatory acts to the
Lasciviousness: commission
Lewd obscene, lustful, indecent, lecherous. It signifies the form of

immorality which has relation to moral impurity; or that which is carried on
Their differences are:
a wanton manner.
a. If the acts performed by the offender clearly indicate that his purpose
Compelling a girl to dance naked before men is an act of lasciviousness,
was to lie the offended woman, it is attempted or frustrated rape.
even if the dominant motive is revenge, for her failure to pay a debt, for it
b. The lascivious acts are but the preparatory acts to the commission of
cannot be believed that there was no admixture of lasciviousness in the
rape whereas in AOL, The lascivious acts are themselves the final
objective sought by the offender.
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1. Seduction of a virgin over 12 years old and under 18 years of age by certain
Desistance of the offender in the commission of attempted rape may persons, such as, a person in authority, priest, teacher, etc. ;
constitute acts of lasciviousness. 2. Seduction of a sister by her brother or descendant by her ascendant, regardless
There is no attempted or frustrated crime of lasciviousness. of their age or reputation

AOL Distinguished from unjust vexation Seduction:
Seduction means enticing a woman to unlawful sexual intercourse by
ACTS OF LASCIVIOUSNESS UNJUST VEXATION promise of marriage or other means of persuasion without the use of force.
A virgin does not necessarily mean material virginity in law. It also includes
With Lewd Designs Out of Passion or other motives a virtuous woman of good reputation.
Committed under the 4 Not committed under the 4 There must be sexual intercourse, otherwise the crime is AOL under Art.
circumstances in rape circumstances in rape 339.

Note: If the victim is less than 12 years of age, the crime is rape.

Chapter 3: Seduction, Corruption of Minors, and White Offenders in Qualified Seduction:
Slave Trade 1. Those who abused their authority:
Art. 337 Qualified seduction a. Person in public authority
The seduction of a virgin over twelve years and under eighteen years of age, b. Guardian
committed by any person in public authority, priest, home-servant, domestic, c. Teacher
guardian, teacher, or any person who, in any capacity, shall be entrusted with the d. Person who, in any capacity, is entrusted with the education or custody
education or custody of the woman seduced, shall be punished by prision of the woman seduced
correccional in its minimum and medium periods. 2. Those who abused confidence reposed in them:
a. Priest
The penalty next higher in degree shall be imposed upon any person who shall b. House Servant
seduce his sister or descendant, whether or not she be a virgin or over eighteen c. Domestic
years of age. 3. Those who abused their relationship:
a. Brother who seduced sister
Under the provisions of this Chapter, seduction is committed when the offender b. Ascendant who seduced his descendant
has carnal knowledge of any of the persons and under the circumstances
described herein. Nature of the crime:
What makes the crime of qualified seduction is the character of the person
Elements: (V-12/18-S-A) committing the same on account of the excess of power or abuse of
1. That the offended party is a virgin confidence of which the offender availed himself.
2. That she must be over 12 and under 18 years of age Deceit is not an element of qualified seduction. It is replaced by abuse of
3. That the offender has sexual intercourse with her confidence.
4. That there is abuse of authority, confidence or relationship on the part of the Consent is not an element of the offense.
offender. Actual ascendancy is not necessary as moral ascendancy used for immoral
purposes is more than ample justification for punishing the act, i.e.
Classes: brother-in-law. People v Alvarez

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Domestic - is a person usually living under the same roof, pertaining to the Nature of the crime:
same house. It includes all those persons residing with the family and who The virginity contemplated is the same in qualified seduction. Thus a
are members of the same household, regardless of the fact that their woman who was raped before may be the victim of simple seduction,
residence may only be temporary or that they may be paying for their provided she is a woman of good reputation.
board and lodging. U.S. v Santiago Deceit generally takes the form of unfulfilled promise of marriage. This
But if a man is merely stopping at a public inn or tavern when he seduced need not immediately precede the carnal act. People v Iman
the landlord's daughter, the man is not a domestic because no such The promise of marriage must be the inducement and the woman must
confidential manifestations of intimacy is tendered or expected from such. yield to that inducement, not merely from carnal lust. U.S. v Sarmiento
(Dec. Sup. Ct. Spain) A man who is willing and ready to marry the girl seduced by him may be
held liable for simple seduction when the man knows that the girl cannot
Qualified Seduction distinguished from Rape: legally consent to the marriage, yet he makes a promise to marry her.

QUALIFIED SEDUCTION RAPE Promises not considered deceit:
1. Promise of marriage of a married man;
4 circumstances of Rape absent 4 circumstances of Rape
2. Promise of material things;
present 3. Promise of marriage after sexual intercourse.

Note: When the victim is the sister or descendant, also known as incest, Note: There is no continuing offense of seduction.
virginity is not required and she may be over 18 years old. What is required
is that the relationship be by consanguinity although it need not be
Art. 339 Acts of lasciviousness with the consent of the offended party
legitimate. The penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances as
Art. 338 Simple seduction those provided in Articles 337 and 338.
The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be Elements: (A-12/18-S/D-A/D)
punished by arresto mayor. 1. That the offender commits acts of lasciviousness or lewdness
2. That the acts are committed upon a woman who is virgin or single or widow of
good reputation, under 18 years of age but over 12 years, or a sister or
Elements: (V-12/18-S-D) descendant regardless of her reputation or age
1. That she must be of good reputation, single or widow (virgin) 3. That the offender accomplishes the acts by abuse of authority, confidence,
2. That the offended party is over 12 and under 18 years of age relationship, or deceit
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit Nature of the crime:
Male cannot be the offended party in this crime
Purpose: It is necessary that this crime is committed under the circumstances which
To punish the seducer who by means of a promise of marriage, destroys nd
would make it qualified or simple seduction (thus the 2 element) had
the chastity of an unmarried female of previous chaste character, and who there been sexual intercourse, instead of acts of lewdness only.
thus draws her aside from the path of virtue and rectitude and then fails to The consent contemplated here is obtained by abuse of authority,
fulfill his promise. confidence or relationship or by means of deceit.

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Art. 336 and Art. 339 compared: Child Prostitution under Rep. Act No. 7610
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
NO SEXUAL INTERCOURSE SEXUAL INTERCOURSE be imposed upon the following:
1. Those who engage in or promote, facilitate or induce child prostitution
Art. 336 Acts of Lasciviousness Rape 2. Those who commit the act of sexual intercourse or lascivious conduct
Art. 339 AOL with consent of the Qualified (through abuse of with a child exploited in prostitution or subjected to other sexual abuse
offended party confidence, authority, 3. Those who derive profit or advantage therefrom
relationship) or Simple
(through deceit) Seduction There is attempt to commit child prostitution when any person who, not
being a relative of a child, is found alone with the said child inside a place

under circumstances which lead a reasonable person to believe that the
Note: Both treat acts of lasciviousness;
child is about to be exploited in prostitution and other sexual abuse.
In 336 (without consent), had there been carnal knowledge, would amount
There is also attempt to commit this crime when any person is receiving
to rape;
services from a child in a sauna parlor or bath, massage clinic, health club
In 339 (with consent), would amount to either qualified seduction or
and other similar establishments under paragraph b section 5 of this Act.
simple seduction.



Art. 340 Corruption of minors
Any person who shall promote or facilitate the prostitution or corruption of Art. 341 White slave trade
persons underage to satisfy the lust of another, shall be punished by prision The penalty of prision mayor in its medium and maximum period shall be
mayor, and if the culprit is a pubic officer or employee, including those in imposed upon any person who, in any manner, or under any pretext, shall engage
government-owned or controlled corporations, he shall also suffer the penalty of in the business or shall profit by prostitution or shall enlist the services of any
temporary absolute disqualification. other for the purpose of prostitution.

Nature of the crime:

As amended by Batas Pambansa Blg. 92, habitually or abuse of authority or Acts penalized:
confidence, not necessary in promoting or facilitating the prostitution or 1. Engaging in the business of prostitution
corruption of a minor. 2. Profiting by prostitution
It must be to satisfy the lust of another. Therefore, one who casts for his 3. Enlisting the services of women for the purpose of prostitution
own ends does not incur the sanction of the law.
Single act without abuse of authority or confidence is now a crime Nature of the crime:
It is not necessary that the unchaste acts shall have been done. A mere Habituality is not a necessary element of white slave trade
proposal will consummate the offense. A person engaged in the business of prostitution need not be the owner of
The offended minor can be from either sex. She or he must be of good the house.
reputation, not a prostitute or corrupted person. One who is engaged the services of a woman ostensibly as a maid but in
The penalty shall be one degree higher than that imposed by law when the reality for purposes of prostitution and who in fact dedicated her to such
victim is under 12 years of age. immoral purposes for profit, is guilty of white slave trade as contemplated
in "under any pretext" stated in the provision People v Isidro
Penalty:

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Penalty shall be one degree higher than imposed by law when the victims When there is deprivation of liberty and no lewd designs, it is kidnapping
under 12 years old. and serious illegal detention under Art. 267. Abduction is one of the ways
in which illegal detention can be committed

Chapter 4: Abduction Forcible abduction distinguished from corruption of minors in terms of purpose:
Forcible abduction - lewd designs
Art. 342 Forcible abduction
The abduction of any woman against her will and with lewd designs shall be Corruption of minors - lending her to illicit intercourse with others
punished by reclusion temporal.
Forcible abduction with rape distinguished from kidnapping:
The same penalty shall be imposed in every case, if the female abducted be under It is forcible abduction with rape when the violent taking of a woman is
twelve years of age. motivated by lewd designs. When it is not so motivated, such taking
constitutes kidnapping
Elements: (W-A-L)
1. That the person abducted is any woman, regardless of her age, civil status, or Complex crime rules:
reputation There could only be one complex crime of forcible abduction with rape.
2. That the abduction is against her will Subsequent acts of rape should be detached and considered
3. That the abduction is with lewd designs independently of the forcible abduction with rape.
There is no complex crime of forcible abduction with attempted rape as
Nature: the attempt to rape is absorbed by the abduction, being the element of
Abduction is meant the taking away of a woman from her house or the lewd design of the latter.
place where she may be for the purpose of carrying her to another place If there was an abduction but the resistance of the woman to the alleged
with intent to marry or to corrupt her. rape was not tenacious, the accused would be guilty of only of abduction.
The act is violative of the individual liberty of the abducted, her honor and People v Lopez
reputation, and of public order. Rape may absorb forcible abduction if the main objective was to rape the
The taking away of the woman must be against her will, when force or victim
intimidation is used by the offender Conviction of acts of lasciviousness is not a bar to conviction of forcible
The taking of the woman may be accomplished by means of deceit first abduction. One of these two crimes involves some important act which is
then by means of violence and intimidation. U.S. v De Vivar not an element of the other. Therefore, there would be no double
If the female abducted is under 12 years of age, it need not be necessary jeopardy. People v Franco
that the abduction is against her will because she has no will of her own or
her free will is wanting therefore is incapable of giving consent. Where age or reputation is not material:
Sexual intercourse is not necessary in forcible abduction. The intent to 1. AOL against will
seduce the girl is sufficient. 2. Qualified Seduction of sister or descendant
When there are several defendants, it is enough that one of them had 3. Forcible Abduction
lewd designs
A husband cannot be found liable for abduction of his wife, as the element Art. 343 Consented abduction
of lewd design is wanting. People v. Omar The abduction of a virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be punished by the
penalty of prision correccional in its minimum and medium periods.

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Elements: (V-O-L-C) The offended party cannot institute criminal prosecution without including both
1. That the offended party must be a virgin the guilty parties, if they are both alive, nor, in any case, if he shall have
2. That she must be over 12 and under 18 years of age consented or pardoned the offenders.
3. That the taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
4. That the taking away of the offended party must be with lewd designs prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
Purpose: pardoned by the above named persons, as the case may be.
To prescribe punishment for the disgrace to her family and the alarm
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of
caused therein by the disappearance of the one who is, by her age and sex,
susceptible to cajolery and deceit. the offender with the offended party shall extinguish the criminal action or remit
the penalty already imposed upon him. The provisions of this paragraph shall also
The meaning of virgin is the same as contemplated in the preceding
be applicable to the co-principals, accomplices and accessories after the fact of
sections.
the above-mentioned crimes.

Nature of the crime:
Reason:
If the offended party is under 12 years of age, the crime committed is
forcible abduction, even if the girl agrees to the elopement. Out of consideration for the offended woman and her family who might
prefer to suffer the outrage in silence rather than go through the scandal
The taking of the virgin need not have the character of permanency. No
of a public trial
matter how short is the taking away the crime exists. People v Ingayo

Offered party need not be taken actually and personally from her house or
Prosecution:
induced to abandon it. It is sufficient that he was instrumental in her
1. Adultery and concubinage must be prosecuted upon complaint signed by the
escape. People v Moreno
offended spouse
Consent of the minor being taken away may be due to honeyed promises
2. Seduction, abduction or acts of lasciviousness must be prosecuted upon
of marriage by the offender.
complaint signed by:
When there was no solicitation or cajolery and no deceit and the girl
a. Offended party
voluntarily went with the man, there is no crime committed even if they
b. Her parents
had sexual intercourse.
c. Grandparents, or
The taking must be with owed designs. Actual sex is not necessary.
d. Guardian in the order in which they are named above
Where the victim is later forcibly violated by the accused, he is guilty of
consented abduction with rape
Pursuant to R.A. No. 8535, the Anti-Rape Law of 1997, rape is now a crime
against persons which may be prosecuted de oficio or by the public.
Prosecution of the crime of prostitution also can be prosecuted de oficio.
Only the offended spouse can file a complaint in the crimes of adultery or
Chapter 5: Provisions relative to the preceding Chapters of concubinage. The offended party cannot institute criminal prosecution
Title XI without including both the guilty parties, if they are both alive, nor in any
Art. 344 Prosecution of the crimes of adultery, concubinage, case, if he shall have consented or pardoned the offenders. If because of
seduction, abduction, rape and acts of lasciviousness disease the offended spouse becomes incapacitated to file the complaint,
The crimes of adultery and concubinage shall not be prosecuted except upon a nobody can file it for him or her.
complaint filed by the offended spouse.

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Seduction abduction or acts of lasciviousness: But the marriage entered must be enter into in good faith and with the
For the prosecution of seduction, abduction or acts of lasciviousness, the intent of fulfilling the marital duties and obligations.
exclusive order should be followed. There must be no refusal or
contradiction form the person preceding in the list Art. 345 Civil liability of persons guilty of crimes against chastity
Guardian mean legal, not natural guardian whom is one legally appointed Person guilty of rape, seduction or abduction, shall also be sentenced:
by the court. 1. To indemnify the offended woman.
The complaint which must be signed by the offended party, must be filed 2. To acknowledge the offspring, unless the law should prevent him from so
in court, not with the fiscal doing.
3. In every case to support the offspring.
Pardon:
Pardon of the offenders by the offended party is a bar to prosecution for The adulterer and the concubine in the case provided for in Articles 333 and 334
adultery or concubinage. The pardon may be express or implied. It must may also be sentenced, in the same proceeding or in a separate civil proceeding,
come before the institution of the criminal action and both offenders must to indemnify for damages caused to the offended spouse.
be pardoned for it to be effective.
Only the offended spouse can validly pardon the offenders. Civil liability:
Express agreement to live separately is an evidence of consent. Matubis v. 1. To indemnify the offended woman
Praxedes 2. To acknowledge the offspring, unless the law should prevent him from doing so
Condonation is not pardon in concubinage or adultery. As condonation is 3. In every case to support the offspring
forgiveness based upon the presumption and belief that the guilty party Civil liability of the adulterer and the concubine is only for indemnity for
has repented, any subsequent acts of the offender showing that there was damages caused to the offended party. This does not apply to the guilty
no repentance will not bar the prosecution of the offense. Any act of wife in adultery nor to guilty husband in concubinage.
infidelity to the vows of marriage subsequent to in the condonation Sentence is only limited to indemnity because acknowledgement of the
constitutes a new offense that is subject to criminal prosecution. offspring is not legally possible, because only children born of parents who
could marry at the time of conception may be acknowledged.
Moral damages may also be recovered in crime against chastity both by
Seduction, abduction or acts of lasciviousness: the offended party and by her parents.
In seduction, abduction or acts of lasciviousness, the pardon must be All the offenders in multiple rape must support the offspring as any one of
expressly given by the offended girl. It is only when she is dead or them may be the father and is directly responsible that an unwilling
otherwise incapacitated to grant it that her parents, grandparents or mother may give birth to an undesired offspring. People v. Velo
guardian may do so for her. Prohibition against acknowledgement of offspring when offender is
Pardon by the offended party who is a minor must have the concurrence married, not applicable under the Family Code. At present, children are
of parents for due to her tender age and lack of sufficient knowledge, classified as only either legitimate or illegitimate, with no further positive
would hardly know the impact and consequences of her acts. People v act required of the parent as the law itself provides the child's status.
Lacson (The exception to this rule is when the offended minor has no When more than person, one after another, raped a woman, not one may
parents who could concur in the pardon) be required to recognize the offspring of the offended woman, it being
Marriage of the offender with the offended party in seduction, abduction impossible to determine the paternity thereof. People v. Pedro
and acts of lasciviousness extinguishes criminal action or remits the Civil liability in rape of married woman is only indemnity. People v. Sanico
penalty already imposed. This rule applies not only to principals but also
the accomplices accessories.

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Art. 346 Liability of ascendants, guardians, teachers, or other persons

entrusted with the custody of the offended party
The ascendants, guardians, curators, teachers and any person who, by abuse of
authority or confidential relationships, shall cooperate as accomplices in the
perpetration of the crimes embraced in chapters, second, third and fourth, of this
title, shall be punished as principals.

Teachers or other persons in any other capacity entrusted with the education and
guidance of youth, shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian.

Accomplices:
Persons mentioned in the provision who cooperate as accomplices are
punished as principals in crimes against chastity.

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The fact that the child will be benefited by the simulation is
TITLE XII CRIMES AGAINST o
not a defense.
CIVIL STATUS OF PERSONS
Requisites Concealing or abandoning any legitimate child: (LCI)
1. Child must be legitimate
Chapter 1: Simulation of Births and Usurpation of Civil 2. Offender conceals or abandons such child; and
Status 3. Offender has intent to cause such child to lose its civil status.

Art. 347 Simulation of births, substitution of one child for another, and Unlawful sale of a child by its father is not a crime under this article.
concealment of abandonment of a legitimate child. Abandon as used in Art. 347 historical basis is the well-known practice
The simulation of births and the substitution of one child for another shall be in Spain where new-born infants and very young children are abandoned at
punished by prision mayor and a fine of not exceeding 1,000 pesos. the door of hospitals, churches and other religious institutions.
Abandonment as crime against security (Art. 276) or as a crime against the
The same penalties shall be imposed upon any person who shall conceal or civil status of a person (Art. 374):
abandon any legitimate child with intent to cause such child to lose its civil status.
Article 276 Article 374
Any physician or surgeon or public officer who, in violation of the duties of his Must be one with Any person
profession or office, shall cooperate in the execution of any of the crimes Offender
custody of the child
mentioned in the two next preceding paragraphs, shall suffer the penalties
To avoid the obligation of To cause the child to
therein prescribed and also the penalty of temporary special disqualification.
Purpose rearing and caring for the lose its civil status
child
Acts punished: (SSC)
1. Simulation of births.
2. Substitution of one child for another.
Art. 348 Usurpation of civil status
The penalty of prision mayor shall be imposed upon any person who shall usurp
3. Concealing or abandoning any legitimate child with intent to cause such
the civil status of another, should he do so for the purpose of defrauding the
child to lose its civil status.
offended party or his heirs; otherwise, the penalty of prision correccional in its

medium and maximum periods shall be imposed.
Object of the crime creation of false, or the causing of the loss of, civil
status.
Simulation of Birth takes place when the woman pretends to be pregnant Usurping the civil status of another how committed:
when in fact she is not, and on the day of the supposed delivery, takes the o By assuming the filiation of another
child of another as her own. o By assuming the parental or conjugal rights of another
Woman introduces a stranger in the family and defrauds the legitimate Usurpation of profession may be punished under this article
heirs. Civil Status includes ones public station, or the rights, duties, capacities
Those responsible as principals: and incapacities that determine a person to a given class.
1. Woman who simulates the birth o There must be intent to enjoy the rights arising from the civil
2. One who furnishes the child status of another.
A woman, who pretends to be pregnant and simulates a birth with the sole o Purpose of defrauding the offended party qualifies the crime.
purpose of belying the reputation that she is sterile but introduces no
stranger in the family, is not criminally liable.

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Chapter 2: Illegal Marriages o Judgment of annulment of 2nd marriage precludes verdict of guilt
in a bigamy charge. De la Cruz v. Ejercito
Art. 349 Bigamy Who else may be liable for bigamy?
The penalty of prision mayor shall be imposed upon any person who shall usurp nd
1. 2 spouse NOT necessarily liable for bigamy
the civil status of another, should he do so for the purpose of defrauding the nd st
2. 2 husband/wife who knew of the 1 marriage ACCOMPLICE
offended party or his heirs; otherwise, the penalty of prision correccional in its 3. Witness who falsely vouched for the capacity of either of the
medium and maximum periods shall be imposed. contracting parties ACCOMPLICE
o But if the witness merely attested to the marriage
Elements: (LNSV) ceremony and did not vouch not assert anything as to the
1. That the offender has been legally married. personal condition of the contracting parties NOT liable.
2. That the marriage has not been legally dissolved or, in case his or her Bigamy is not a private crime but a public offense..
spouse is absent, the absent spouse could not yet be presumed dead Person convicted of bigamy may still be prosecuted for concubinage.
according to the Civil Code.
3. That he contracts a second or subsequent marriage.
Art. 350 Marriage contracted against provisions of laws.
4. That the second or subsequent marriage has all the essential requisites for
The penalty of prision correccional in its medium and maximum periods shall be
validity.
imposed upon any person who, without being included in the provisions of the

st next proceeding article, shall contract marriage knowing that the requirements of
Nullity of 1 marriage not a defense in bigamy cases
the law have not been complied with or that the marriage is in disregard of a legal
o Causes which may produce the legal dissolution of the first
impediment.
marriage:
1. Death of one of the contracting parties;
If either of the contracting parties shall obtain the consent of the other by means
2. Judicial declaration annulling a void marriage; and
of violence, intimidation or fraud, he shall be punished by the maximum period of
3. Judicial decree annulling a voidable marriage.
st the penalty provided in the next preceding paragraph.
The death of the 1 spouse during the pendency of the bigamy case does
not extinguish the crime.
Elements: (MK)
Divorce sought from a foreign court by a person domiciled in the
1. That the offender contracted marriage;
Philippines is not valid.
2. That he knew at the time that
o Effect of divorce obtained abroad by alien spouse: Filipino spouse
a. The requirements of the law were not complied with; or
shall have capacity to remarry under Philippine law. (Art. 26, par. 2,
b. The marriage was in disregard of a legal impediment.
Family Code)

Divorce by a Moro Datu even though with their customs and usages is not
recognized. Without being included in the provisions of the next preceding article
st The offender must not be guilty of bigamy.
Defense has the burden of proof of dissolution of 1 marriage.
Marriage contracted by minors who had legal capacity is valid.
Before the absent spouse has been declared presumptively dead
Contracting subsequent marriage before the declaration of presumptive Conviction of a violation of Art. 350 involves moral turpitude.
death of the absent spouse is bigamous.
nd
The 2 marriage must have all the essential requisites for validity.
o Validity of second marriage is a prejudicial question to liability for
bigamy.

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Penalty imprisonment for not less than 1 month nor
more than 2 years, or a fine not less than P200 not more
Art. 351 Premature marriages than P2,000 (Sec. 39, Act No. 3613, Marriage Law)
Any widow who shall marry within three hundred and one day from the date of Clergyman who performed marriage ceremony, NOT knowing the minority
the death of her husband, or before having delivered if she shall have been of one of the contracting parties NOT LIABLE.
pregnant at the time of his death, shall be punished by arresto mayor and a fine
not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have
been annulled or dissolved, if she shall marry before her delivery or before the
expiration of the period of three hundred and one day after the legal separation.

Persons liable for premature marriages:

a. Widow marries within 301 days from the date of the death of her
husband, or before having delivered if she is pregnant at the time
of his death.
st
b. Woman 1 marriage having been annulled or dissolved, marries
before her delivery or before the expiration of the 301-day period
after the date of the legal separation.
301 days ordinary duration of pregnancy is nine months and some days.
o Intent to prevent confusion as regards filiation and paternity of a
child in case a widow might have conceived and become pregnant
by her late husband.
st
o 301-day rule may be disregarded if the 1 husband was impotent
or sterile.
o 301-day rule important only for cases where the woman is NOT
pregnant (or was not known to be pregnant; thus, the rule admits
the possibility of pregnancy)
Purpose of the law in punishing premature marriages is to prevent doubtful
paternity.

Art. 352 Performance of illegal marriage ceremony.
Priests or ministers of any religious denomination or sect, or civil authorities who
shall perform or authorize any illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.

Offender under Art. 352 must be authorized to solemnize marriages.

o Offender is punished under the Marriage Law.

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TITLE XIII CRIMES AGAINST HONOR Reason for punishment The enjoyment of a private reputation is as
much as a constitutional right as the possession of life, liberty or property.

Chapter 1: Libel Types of Imputation:
1. Imputation of a Criminal Act
Section 1 Definition, forms, and punishment of the crime Writing an Art. which portrays the offended party as a swindler,
Art. 353 Definition of libel who prior to his election to office, collected money through fraud
A libel is a public and malicious imputation of a crime, or of a vice or and deceit, after which constructed a house, imputes the
defect, real or imaginary, or any act omission, condition, status, or commission of estafa. People v. Bailo
circumstance tending to cause the dishonor, discredit, or contempt of a Branding somebody as having murdered his brother-in-law and
natural or juridical person, or to blacken the memory of one who is enriching himself, vote-buying because of the influence of
dead. brother-in-law can also be prosecuted under this article.. People v.
Dianalan
It can also apply if the imputation is implied. A confronted the
Elements: (PMIND) complainant B that she was the only one who approached her
1. That there must be an imputation of a crime, or of a vice or defect, real or table and as soon as B left, the money disappeared. Such
imaginary, or any act, omission, condition, status, or circumstances. statements were made in a loud voice in the presence of many
2. That the imputation must be made publicly. persons subjecting the offended party to embarrassment. De
3. That it must be malicious. Guzman v. People
4. That the imputation must be directed at a natural or juridical person, or When is it not libelous?
one who is dead. Imputation of criminal intention is not libelous. A will rape B,
5. That the imputation must tend to cause the dishonor, discredit or is not libelous, it is a mere assertion/ expression of opinion.
contempt of the person defamed. People v. Baja
An expression of opinion by one affected by the act of
Defamation: another based on actual fact is not libelous. A expressed his
Libel Defamation committed by means of writing, printing, lithography, opinion that the partition is not fair since his wife had been
engraving, radio, phonograph, painting, or theatrical or cinematographic deprived of her share is not libelous. People v. Baja
exhibition, or any similar means. Oral defamation is called slander. When the communication was made in the performance of a
Is there a distinction between calumny, insult and libel? No, the RPC legal, moral, or social duty. A, an employee, writes a letter
punishes all kinds of attack against honor and reputation. to the Director of printing that the resources of the Bureau of
Seditious libel punished in Ar. 142. Difference is the nature of the Printing is misappropriated because they printed cards and
imputation. In seditious libel, one is punished if: other papers for college students not part of the Bureaus
1. Incites others to the accomplishment of any of the acts which function. Defendant had no legal, moral, or social duty.
constitute sedition by means of speeches, proclamations, Orfanel v. People
writings, emblems, etc. o Note: He was not able to prove such claims other
2. Uttering seditious words or speeches which tend to disturb the than his statement.
public peace 2. Imputation of a Vice or Act
3. Writing, publishing, or circulating scurrilous libels against the An article which imputes upon the person mentioned as having
Government or any of the duly constituted authorities thereof, lascivious and immoral habits, which tends to discredit a person.
which tend to disturb public peace. People v. Suarez

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3. Imputation of an Act or Omission Criminal and civil action for damages in cases of written defamations shall
An Art. published in the Philippine Herald which says that the offended be filed simultaneously or separately with the RTC to the exclusion of all
party to borrow money without intention to pay; and ordered to have other courts; The grant to the Sandiganbayan of jurisdiction over offenses
his teeth fixed without paying the fees, is defamatory. People v. committed in relation to (public) office did not divest the RTC of its
Tolentino exclusive and original jurisdiction to try written defamation cases
4. Imputation of Condition, Status or Circumstance regardless of whether the offense is committed in relation to office. An
Calling a person a bastard or leper express repeal or modification of the provision in the RPC vesting in the
Publishing an Art. which contains, coward, vile soul, dirtysucker, RTC original jurisdiction is necessary. People v. Benipayo(De Castro)
savage, hog who always looks toward the ground. U.S. v. Ortiz
Publication:
Test of defamatory character of the words used: Publication is the communication of the defamatory matter to some
1. If the words are calculated to induce the hearers to suppose and third person or third persons
understand that the person against whom they were uttered was guilty of Ex.
certain offenses, or are sufficient to impeach his honesty, virtue or Delivering the Art. to the typesetter is sufficient publication.
reputation, or to hold him up to public ridicule. U.S. v. OConnell U.S. v. Crame
2. Generally, it must be defamatory, malicious, made with publicity and the Writing a letter to another person other than the person
victim is identifiable. defamed is sufficient to constitute publication. Orfanel v.
3. Meaning of the writer is immaterial, what is being tested is if the mean of People
the words in fact conveyed on the minds of the persons of reasonable Sending a sealed envelope through a messenger is not
understanding, discretion and candor, taking into consideration the publication Lopez v. Delgado. However, if the letter is not
surrounding circumstances which were known to the hearer or reader. shown to be sealed, it equates to be a publication. U.S. v.
People v. Encarnacion Grino
4. Whether or not it is libelous depends upon the scope, spirit and motive of Person libeled must be identified.
the publication taken in its entirety. Imperial, et al. v. The Manila o The publication need not refer by name to the libeled party. If not
Publishing Co. named it must be shown that the description of the person
5. A defamation is alleged to have been directed at a group or class, it is referred to in the defamatory publication was sufficiently clear so
essential that the statement must be so sweeping or all-embracing as to that at least a 3rd person would have identified the plaintiff.
apply to every individual in that group or class, or sufficiently specific so o Libel in different parts may be taken together to establish the
that each individual in the class or group can prove that the defamatory identification of the offended party. For instance, the first
statement specifically pointed to him, so that he can bring the action publication contains words and phrases which are defamatory,
separately, if need be. Otherwise the claim cannot prosper. MVRS and the second publication are caricatures by name and attached
Publications v. Islamic Dawah Council; see also Newsweek, Inc. v. are defamatory words and phrases. U.S. v. Sotto
Intermediate Appellate Court o When a libel is addressed to several persons, unless they are
identified in the same libel, even if there are several persons
Innuendo A clause in the indictment or other pleading containing an offended by the libelous utterance or statement, there will only
averment which is explanatory of some preceding word or statement. be one count of libel. For instance, You, Merra lawyers, are
Ex. The innuendo of the statement, A burned down his stealers xxx shameless xxx impolite, there can only be one
house, can be shown by pleading that the statement offense. People v. Aquino
was understood to mean that David was defrauding his If the offended parties in the libel were distinctly identified, even though
insurance company. the libel was committed at one and the same time, there will be as many

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libels as there are persons dishonored. For instance, the slanderous How to overcome the presumption of malice. The presumption of malice is
utterances were committed on the same date and at the same place but rebutted by showing:
against two different and identifiable persons, there are as many offenses 1. That the accused published the defamatory imputation with good
as there were persons defamed. People v. Del Rosario; see also People v. intention;
Gil, et al. 2. That there is justifiable motive for making it;
One is liable for publication of defamatory words against another although 3. That the communication made is privileged; and
he is only repeating what he heard and names the source of his 4. Accused must prove the truth of the defamatory imputation in those
information. A person who repeats a slander or libelous publication heard cases wherein truth is a defense.
or read from another is presumed to indorse it. People vs. Salumbides and Defense on presumption
Reanzares o The fact that a communication is privileged is not a proper ground
3. Editor or manager of a newspaper, who has active charge and control of its for the dismissal of a complaint for libel. In the first place, it is a
management, conduct, and policy, generally is held to be equally liable with the matter of defense. Secondly, the fact that a communication is
owner for the publication therein of a libelous article. Tulfo v. People (De Castro) privileged does not mean that it is not actionable. The privileged
character simply does away with the presumption of malice which
Malice: the prosecution has to prove in such a case. Lu Chu Sing, et al., vs.
Malice term used to indicate that the offender is prompted by personal Lu Tiong Gui
ill-will or spite and speaks not in response to duty, but merely to injure the o Libel in answer to another libel is not a defense. Pellicena vs.
reputation of the person defamed. Gonzales
Kinds of Malice: o If the defamatory imputation is in the nature of self-defense
1. Malice in Fact This refers to malice as a fact (Acts). The presence and under Art. 11 of the Revised Penal Code such that the publication
existence of personal ill-will or spite may still appear even if the was done in good faith, without malice and just adequate enough
statement is not defamatory. So, where the defamatory acts may be to protect his good name, the statement may be considered
presumed from the publication of the defamatory acts imputed refer privileged. People vs. Baja; see also People v. Mendoza
to the private life of the individual, malice may be presumed from the However retaliation or vindictiveness cannot be self-
publication of the defamatory statement because no one has a right to defense. People v. Rayo; see also People v. Pelay
invade anothers privacy. RULE: The statement made must be a fair answer to the
Ex. Republication of a defamatory matter subsequent to the libel made and must be related to the imputation made,
commencement of an action (U.S. v. Montalvo) it must not be unnecessarily libelous.
o Proving malice of fact o For libel filed by public officers, truth is a defense.
That the defendant bore a grudge against the
offended party; Purpose:
That there was a rivalry or ill-feeling between them The intention of the offender in publishing was to discredit, dishonor or
which existed at the date of the publication; contempt the person allegedly libeled.
Intention to injure the reputation of the offended o Dishonor disgrace, shame, or ignominy.
party. o Discredit loss of credit or reputation; disesteem.
2. Malice in Law assumed and is inferred from the defamatory o Contempt state of being despised
character of an imputation. The presumption of malice attaches to the
defamatory statement especially if it appears to be insulting per se. Rule on Public Officer:
The law presumes that the defamer made the imputation without Under our libel law, defamatory remarks against government employees
good intention or justifiable motive. with respect to facts related to the discharge of their official duties will not

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constitute libel, if defendant is able to prove the truth of the imputations. proceedings, or og any other act performed by public officers in the exercise of
But any attack on the private character of the officer on matters which are their functions.
not related to the discharge of his official functions may constitute libel
since under our laws, the right of the press to criticize public officers does Exception to the presumption of malice in law:
not authorize defamation. U.S. vs. Bustos, supra; Sazon vs. Court of Appeals 1. Private communications made by any person to another in the performance of
Where malice cannot be inferred from false defamatory statements, the any legal, moral or social duty.
ruling appears to be the true only if the offended party is a government 2. A fair and true report, made in good faith, without any comments or remarks, of
employee, with respect to facts related to the discharge of his official any judicial, legislative, or other official proceedings which are not of confidential
duties. With this jurisprudence, it should now be emphasized that actual nature, or of any statement, report, or speech delivered in said proceedings, or of
malice is now required to be proven. It is enough to rely on presumed any other act performed by public officers in the exercise of their functions.
malice in libel cases involving a public official or public figure. N.Y. Times v. *These are called privileged communications
Sullivan
Burden of proof is on the plaintiff to prove libel, but must also prove that Kinds of Privileged Communication:
there was malice by clear and convincing evidence. 1. Absolute not actionable, even if its author has acted in bad faith.
o Be mindful of burden of proof and burden of evidence. Official communications made by members of congress in the
Criticism compared with defamation discharge of their functions as such.
o Criticism Deals only with such things as shall invite public Answers of the witnesses in reply to the questions propounded to
attention or call for public comment. The attack is on the fabric of them, during the hearing of judicial proceedings, provided that said
his statesmanship not his person or the man himself. allegations or statements are relevant to the questions asked.
o Defamation Delves into his private life which has no connection Limited to the legislative, judicial and other acts of state, including
with the performance of his public duties and falsely charges him communications made in the discharge of a duty under express
with evil motives, clearly designed to destroy his reputation or authority of law, heads of executive departments, foreign relations
besmirch his name. and military affairs.
Conduct or acts of public officers which are related to the discharge of It does not cover those engaged in public service, enactment or
their official duties are matters of public interest. Being of public interest is administration of law, as well as to jurors, and lawyers.
a common property; hence anybody may express an opinion about it. 2. Conditional or Qualified although containing defamatory imputations,
would not be actionable unless made with malice or bad faith.
Art. 354 Requirement for publicity If the case is not covered by absolute privilege, it may be tested in
Every defamatory imputation is presumed to be malicious, even if it be true, if no light of the qualified privilege extended to a private communication
good intention and justifiable motive for making it is shown except in the made by any person to another in the performance of any legal, moral
following cases: or social duty.
The reason for privileged communication is on the ground of public
1. A private communication made by any person to another in the performance of policy, the welfare of society and orderly administration of the
any legal, moral, or social duty. government which demanded protection from public opinion.

2. A fair and true report, made in good faith, without any comments or remarks, Paragraph 1 of Art. 354 Legal, Moral or Social Duty:
of any judicial, legislative, or other official proceeding which are not of Requisites: (LOG)
confidential nature, or of any statement, report, or speech delivered in said 1. That the person who made the communication had a legal, moral
or social duty to make the communication, or, at least, he had an
interest to be upheld;
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2. That the communication is addressed to an officer or a board, or General Rule - it is incumbent upon the accused, as a

superior, having some interest or duty in the matter; matter of defense, to establish such privilege.
3. That the statements in the communication are made in good faith Exceptions:
without malice (in fact). 1. Except when such publication is made to show the
Private communication the law recognizes the right of an individual to abuse of power that a judge made. The material
enjoy immunity from publication of untruthful charges derogatory to his stated that the judge of the case boards in the house
character is not absolute and must at times yield to the superior necessity of the defendant and uses one of the cars of the
of subjecting to investigation the conduct of persons charged with defendants son at his convenience. Lu Chu Sing, et
wrongdoing. al. v. Lu Tiong Gui
o When 2. When in the information itself it appears that the
In the performance of any legal, moral or social duty. communication alleged to be libelous is contained in
It is the duty and right of a citizen to make a complaint of an appropriate pleading in a court proceeding, the
any misconduct on the part of public charged with the privilege becomes at one apparent and defendant
supervision over them, unless it appears that the charges need not wait until the trial and produce evidence
made were made maliciously and without any before he can raise the question of privilege.
reasonable ground for believing them to be true. U.S. v. However the imputations must be really pertinent
Galeza and relevant to the plea for reconsideration. Smith,
An accusation made in a public meeting is not a private Bell & Co. v. Ellis
communication People v. Jaring Note: Pleadings are presumed to contain
o Form allegations and assertions lawful and legal
Not necessarily a private document, it may also be in a in nature, which is presumed to be in good
public document, like an affidavit. People v. Cantos faith, but it will be under the scrutiny of
The privilege communication covers also complaints courts. Cuenco v. Cuenco
against individuals who are not public officers, like the 3. If the matter is of irrelevant and impropriety then it
priests. U.S. v. Canete cannot be considered as absolute privileged. People
o Addressed to whom v. Andres
Must be addressed to an officer or superior having some 4. If statements are false but there is probable cause
interest or duty in the matter. Sending a letter to a co- for belief in their truthfulness and the charge is
counselor therefore is not permissible, since he may have made in good faith, but it must be made under an
brought such claims in open session. People v. Pelayo honest sense of duty, then it may fall under the
If a party apllies to a wrong person through an honest privilege. U.S. v. Bustos
mistake, such intentional error will not take the case out Ex. 34 citizens sent a petition to the Executive
of privilege. U.S. v. Bustos Secretary for the removal of a judge with
Unnecessary publicity destroys good faith. When a copy malfeasance in office. The judge was acquitted
of the privileged communication is sent to a newspaper and filed charges. The court held that these are
publication. People v. Cruz Executing an affidavit alleging not simple accusations published in the press,
that the judge did not give her the benefit check because but of charges predicated on affidavits made to
she did not give him a share, and showing it to other a proper official.
people is not privileged. U.S. v. Sotto In the performance of any legal, moral or social duty
o Privilege as a defense

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a. Legal it presupposes a provision of law conferring upon the accused If all these requirements are present, the person who makes the report is
the duty to communicate. Absent such provision, privilege would not not guilty of libel.
apply. (People v. Hogan) Fair and true
A communication sent by an official to his immediate superior, o Fair and true when it is only a narration of what had taken place,
using somewhat harsh and uncalled for language, discussing an even if it is libelous and even if some errors had been committed
indorsement sent to him by his superior is considered a privileged in the process of publication. (People v. Roble)
communication. (Deano v. Godinez) o Not fair and true when the report of the complaint is contrary to
An administratrix of the estate of a deceased filed an objection the report made. (Macleod v. Phil. Pub. Co.)
with the commissioners, wherein the defendant made statements Comments or remarks
which reflected upon the virtue, honor and reputation of the o The accused published the following statement, The people will
plaintiff, is also privileged. (Zurbito v. Bayot) know because to his dying day Ganzon will not live down this
b. Moral duty depends upon the relationship between the giver and incident where while the nation mourned the death of
receiver of the communication; and whether said communication is Magsaysay, he, Ganzon rejoiced in the same way that buzzards
voluntarily given out. and coyotes rejoice over the same thing. The accused should
Complaint in good faith made against a priest to his superior have stopped at reciting the facts only. (People v. Rico)
allegedly for drunkenness, taking indecent liberties of women, Proceedings
illicit relationship with a woman, is considered as privilege. a. Judicial
Members of a religious organization have a moral duty to bring to True report of judicial proceedings is privileged. (U.S. v. Perfecto)
the attention of church authorities misbehavior of their spiritual Allegations and averments in pleadings are absolutely privileged
leader. (People v. Canete) only insofar as they are relevant or pertinent to the issue. In an
The key point here is the relationship. A wrote a letter to Caltex affidavit to support by a widow, containing libelous charge that
using libelous language, he admitted that he is neither connected the widow had been sustaining illicit relations with one of her
with the company nor was answering to a query, the privilege material witnesses is privilege since it is relevant. (Tupas v.
cannot be awarded. (People v. Hogan) Parreno). However in a collection for professional fees and it
c. Social duty It is dependent upon the relationship; however, the alleged that the offended party evaded his obligations and
character must be social. There must be a social duty to perform. disgusted by his creditors were held to be impertinent and
Complaint against a teacher was addressed to the principal is unnecessary. (Montenegro v. Medina).
privileged communication. (People v. Fabia) An action for libel on a defamatory matter uttered in the course
of a judicial proceeding might be instituted even if the defamatory
matter had not yet been stricken out of record. An action for libel
Paragraph 2 of Art. 354 Fair and True Report accrues from the date of the publication.
Requisites: FGW Parties, counsels, and witnesses are exempted from liability in
1. That it is a fair and true report of a judicial, legislative, or other libel or slander for words otherwise defamatory published in the
official proceedings which are not of confidential nature, or of a course of judicial proceedings, provided that the statement are
statement, report or speech delivered in said proceedings, or of pertinent or relevant to the case. (Santiago v. Calvo). However
any other act performed by a public officer in the exercise of his defamation by a client against his lawyer (a third person, since
functions; there is no principal agent relationship) prior to the judicial
2. That it is made in good faith; and proceeding, such privilege is not applicable. (People v. Fernandez)
3. That it is without any comments or remarks. b. Legislative
Congressional proceedings

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A reporter ca publish records of the proceedings, provided However, the law provides, or any similar means which easily qualifies television
that he does not give any comment or remark thereon and is such species or category. (People vs. Casten, C.A.)
such is not of confidential nature. 2. Defamation through amplifier is not libel but oral defamation. The character of
c. Other official proceedings the enumerations have their permanent nature as a means of publication, an
Official proceedings by other public officers in the exercise of amplifier does not have such characteristic. (People v. Santiago)
their function. Ex. Mayor, City/Provincial councils. 3. When coupled with threats
Not of confidential nature Mainly case to case basis, but if the offense committed is clearly and principally that
o When not forbidden by the court for publication in the interest of of threats and that the statements derogatory to a person named do not constitute
morality or decency (Sec. 2, Rule 135, Rules of Court) an independent crime of libel. It is considered as part of the more important
o Proceedings for disbarment of attorneys are private and offense of threats. (People v. Yebra)
confidential, except the final order of the court which may be
made in public. (Sec. 10, Rule 139, Rules of Court) Art. 356 Threatening to publish and offer to present such publication for
o Limited to cases in which the right of access is secured by law, and
a compensation
in which the purpose and object of the law is to give publicity to
The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be
the contents of the record or document in the interest, or for the
imposed upon any person who threatens another to publish a libel concerning
protection, of the public generally. (U.S. v. Santos)
him or the parents, spouse, child, or other members of the family of the latter or

upon anyone who shall offer to prevent the publication of such libel for a
Art. 355 Requirement for publicity compensation or money consideration.
A libel committed by means of writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic exhibition, or any Acts punished:
similar means, shall be punished by prision correccional in its minimum and 1. Threatening another to publish a libel concerning him, or his parents,
medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to spouse, child, or other members of his family
the civil action which may be brought by the offended party. 2. Offering to prevent the publication of such libel for compensation or
money consideration
Libel may be committed by means of:
1. Writing Blackmail:
2. Printing Blackmail in its metaphorical sense, blackmail may be defined as any
3. Lithography unlawful extortion of money by threats of accusation or exposure. Two
4. Engraving words are expressive of the crime hush money. (US v. Eguia)
5. Radio o It involves the unlawful extortion of money by appealing to the
6. Photograph fear of the victim, through threats of accusation or exposure. It
7. Painting contemplates of two offenses: a threat to establish a libel and an
8. Theatrical exhibition offer to prevent such publication. The gravamen of the crime is
9. Cinematographic exhibition the intent to extort money or other things of value.
10. Any similar means Ex. A threatened to publish in a weekly periodical,
certain letters, amorous in nation, written by a
Case law on the matter: married woman and addressed by her to a man, not
1. In the enumeration above, television is not included, probably because at the her husband, unless she pays 4k to them
time the Revised Penal Code was conceived, television had not yet been invented.

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Blackmail is possible in (1) light threats under Art. 283; and (2) threatening Calling a priest savage, a carabao and alleging that he had a concubine;
to publish, or offering to prevent the publication of, a libel for then subsequently published in the papers is an example of this violation.
compensation, under Art. 356. (People v. Dino)
Under Republic Act No. 1477, amending Rep. Act. No. 58, the publisher,
Art. 357 Prohibited publication of acts referred to in the course of official editor, columnist or duly accredited reporter of any newspaper, magazine
or periodical of general circulation cannot be compelled to reveal the
proceedings
source of any news report information appearing in the said publication
The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be
which was related to him in confidence unless the court or a house or
imposed upon any reporter, editor or manager or a newspaper, daily or magazine,
committee of Congress finds that such revelation is demanded by the
who shall publish facts connected with the private life of another and offensive to
security of the State.
the honor, virtue and reputation of said person, even though said publication be

made in connection with or under the pretext that it is necessary in the narration
of any judicial or administrative proceedings wherein such facts have been Art. 358 Slander
mentioned. Oral defamation shall be punished by arresto mayor in its maximum period to
prision correccional in its minimum period if it is of a serious and insulting nature;
Elements: (ROP) otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.
1. That the offender is a reporter, editor or manager of a newspaper, daily or
magazine. Oral Defamation:
2. That he publishes facts connected with the private life of another. Kinds of oral defamation:
3. That such facts are offensive to the honor, virtue and reputation of said a. Action of a serious and insulting nature (Grave slander)
person. A woman who hurled at the complainant with offensive and
scurrilous epithets, including words imputing unchastity to the
*Applicable even if the facts involved are in official proceedings. mother and tending to injure the character of the daughters. (U.S.
v. Tolosa)
Gag Law absence of one of the requisites, no violation of 357 Reciting scurrilous words to impute the victim in a crime of estafa,
The article requires two things to constitute a violation of the prohibition: by using words such as, he bribed money, has sold the union,
1. Art. published contains facts connected with the private life of an he is engaged in racketeering. (Balite v. People)
individual; and b. Light insult or defamation not serious in nature (Simple slander)
2. That such facts are offensive to the honor, virtue and reputation With a purpose to correct an improper conduct, the offender
of the said person. accuses the victim of living successively with several men. (People
Newspaper reports on cases pertaining to adultery, divorce, issues about v. Clarin; compare with Tolosa. Diff is purpose and character of the
legitimacy of children, etc.. will be barred. party)
Ex. Conjugal troubles and quarrels, adultery or divorce based Calling a person a ganster. (Arcand v. People) P.S. baka white boy
on infidelity of the husband or the wife and attempts against nag file ng case
the honor and virtue of woman. Uttering defamatory words in the heat of anger. (People v. De
Suit for alimony (support) is not offensive to the honor of such person. Modesto)
News item containing the testimony of a prosecuting witness against the Defamation uttered in a political meeting. (People v. Laroga)
complainant is offensive to his honor but is not connected with his private Note: the word puta does not impute that the complainant is a
life. prostitute. (People v. Atienza); Putang ina mo is an expression of anger
and displeasure. (Reyes v. People); It is not necessary that the person must

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hear the slanderous words because a mans reputation is the estimate in 2. the circumstances under which the act was committed;
which others hold him. (People v. Clarin) 3. the occasion, etc.
Factors that determine gravity of the offense: Note: The courts have discretion on determining the degree of
1. Expressions used the slander. (People v. Motita)
2. Personal relations of the accused and the offended party Distinctions:
3. Circumstances surrounding the case a. Deed compared with maltreatment:
4. Social standing and position of the offended party are also taken The nature and effects determine the crime. If there is shame or
into account humiliation it becomes slander by deed.
Ex. Holding a teacher by the hair and shaking him in the
Art. 359 Slander by deed presence of a lot of people is slander by deed.
The penalty of arresto mayor in its maximum period to prision correccional in its b. Unjust Vexation-irritation or annoyance/anything that annoys or
minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon irritates without justification.
any person who shall perform any act not included and punished in this title, c. Slander by Deed-irritation or annoyance + attendant publicity and
which shall cast dishonor, discredit or contempt upon another person. If said act dishonor or contempt.
is not of a serious nature, the penalty shall be arresto menor or a fine not d. Acts of lasciviousness-irritation or annoyance + any of 3
exceeding 200 pesos. circumstance provided in Art 335 of RPC on rape:
1. use of force or intimidation
2. deprivation of reason or rendering the offended
Elements: (NPD) unconscious
1. That the offender performs any act not included in any other crime against 3. offended party under 12 yrs of age+lewd designs
honor.
2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended
party.
Section 2 General provisions
Art. 360 Persons responsible
Slander by deed: Any person who shall publish, exhibit, or cause the publication or exhibition of
Slander by deed a defamation committed by the offender against the any defamation in writing or by similar means, shall be responsible for the same.
complainant through the performance of any act which casts dishonor,
discredit or contempt upon another person. Slander by deed refers to The author or editor of a book or pamphlet, or the editor or business manager of
performance of an act, not use of words. a daily newspaper, magazine or serial publication, shall be responsible for the
defamations contained therein to the same extent as if he were the author
Ex. thereof.
Slapping someone to ridicule and shame her in public. (People v. Delfin)
Slapping a priest while officiating a religious ceremony. (People v. Nosce) The criminal and civil action for damages in cases of written defamations as
Slapping a teacher during a dance. (People v. Roque) provided for in this chapter, shall be filed simultaneously or separately with the
Two kinds of slander by deed: court of first instance of the province or city where the libelous Art. is printed and
a. Simple slander by deed first published or where any of the offended parties actually resides at the time of
b. Grave slander by deed of a serious nature. the commission of the offense: Provided, however, That where one of the
Determining if serious or not: offended parties is a public officer whose office is in the City of Manila at the time
1. on the social standing of the offended party; of the commission of the offense, the action shall be filed in the Court of First
Instance of the City of Manila, or of the city or province where the libelous Art. is
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printed and first published, and in case such public officer does not hold office in Editor is liable for the defamations contained therein to the same
the City of Manila, the action shall be filed in the Court of First Instance of the extent as if he were the author. (People v. Bailo)
province or city where he held office at the time of the commission of the offense
or where the libelous Art. is printed and first published and in case one of the Venue:
offended parties is a private individual, the action shall be filed in the Court of For criminal and civil action for damages in cases of written defamation it
First Instance of the province or city where he actually resides at the time of the shall be filed simultaneously or separately with the court of first instance
commission of the offense or where the libelous matter is printed and first of the province or city:
published: Provided, further, That the civil action shall be filed in the same court o where the libelous article is printed and 1st published or
where the criminal action is filed and vice versa: Provided, furthermore, That the o where any of the offended parties actually resides at the time of the
court where the criminal action or civil action for damages is first filed, shall commission of the offense
acquire jurisdiction to the exclusion of other courts: And, provided, finally, That Libel cases are within the original and exclusive jurisdiction of the Regional
this amendment shall not apply to cases of written defamations, the civil and/or Trial Courts. Inferior courts have no jurisdiction to try written defamation.
criminal actions which have been filed in court at the time of the effectivity of this (People vs. Hechanova)
law. Where one of the offended parties is a public officer:
a. If his office is in the City of Manila
Preliminary investigation of criminal action for written defamations as provided RTC of Manila OR
for in the chapter shall be conducted by the provincial or city fiscal of the province City/province where the article is printed and 1st published
or city, or by the municipal court of the city or capital of the province where such b. Otherwise:
action may be instituted in accordance with the provisions of this Art.. RTC of the city/province where he held office at the time of
offense; or
No criminal action for defamation which consists in the imputation of a crime Where the article is 1st published
which cannot be prosecuted de oficio shall be brought except at the instance of o In order to prevent controversies as to the venue of
and upon complaint expressly filed by the offended party. criminal actions for written defamation, the information
or complaint must contain averments as to whether the
Who are liable: offended party is a private or public officer at the time of
1. person who publishes, exhibits or causes the publication or exhibition of the commission of the offense and whenever possible,
any defamation in writing or similar means(par.1) the place where the written defamation was printed and
2. author or editor of a book or pamphlet first published. (Agbayani, et al., vs. Hon. Sayo, et al)
3. editor or business manager of a daily newspaper magazine or serial The Philippines follows the multiple publication rule which
publication(par.2) means that every time the same written matter is
4. owner of the printing plant which publishes a libelous article with his communicated, such communication is considered a distinct
consent and all other persons who in any way participate in or have and separate publication of libel. (Soriano v. IAC)
connection with its publication (US v Ortiz) Damage
Where the publication is libelous per se, actual damages need not be
Person liable: established. This is so because libel, by its very nature, causes
1. The prime requisite of the crime of libel is not necessarily the composing of dishonor, disrepute and discredit and injury to the reputation of the
the article, but the publishing of it. offended party. It is something inherent and natural in the crime of
A sent a letter to B containing very intimate expressions, after libel. (Lu Chu Sing vs. Lu Tiong Gui)
breaking up, B published the letter, thus he liable for libel. An axtion for exemplary damage in libel may be awarded if the action
2. Author or editor is based on quasi-delict. (Lopez v. CA, under Art. 2231 of the Civil Code)

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1. When it refers to condition.
A imputed B to be a drunkard and suffering from a contagious disease,
Art. 361 Proof of the truth he will not be allowed to prove the truth.
In every criminal prosecution for libel, the truth may be given in evidence to the 2. When it refers to acts not constituting a crime
court and if it appears that the matter charged as libelous is true, and, moreover, Where the offended party imputed some commission of a crime and
that it was published with good motives and for justifiable ends, the defendants some not constituting a crime, the court allowed him to prove the
shall be acquitted. truth as to the imputation of the commission of a crime but not to the
latter. Tumang v. People
Proof of the truth of an imputation of an act or omission not constituting a crime 3. For Public officers, truth is a good defense
shall not be admitted, unless the imputation shall have been made against B imputed M (mayor) to have been sleeping on his duties.
Government employees with respect to facts related to the discharge of their
official duties. Requisite of defense I defamation
1. If it appears that the matter charged as libelous is true
In such cases if the defendant proves the truth of the imputation made by him, he Act or omission constituting a crime and Act or omission of a public
shall be acquitted. officer not a crime related of his duties.
2. It was published with good motives
Admissible when: Determined by the court taking into consideration the intention of the
1. the act or omission imputed constitutes a crime regardless of whether the author and other circumstances
offended party is a private individual or a public officer; 3. And for justifiable ends
2. the offended party is a government employee, even if the act or omission Goodness of intention is not always sufficient. U.S. v. Prautch.
imputed does not constitute a crime provided it is related to the discharge Publishing must be justified.
of his official duties. Imputation of a contagious disease. People v. Chavez Good motives
and justifiable ends negate malice.
Last paragraph:
Proof of truth may be admitted: Retraction:
1. If the act or omission imputed constitutes a crime; Retraction may mitigate the damage.
2. If the imputation not constituting a crime is made against government o A periodical which gives currency issued a false statement and
employees with respect to facts related to the discharge of their subsequently issuing a statement of retraction.
duties. o Requirement is admission of falsity and evinced by a desire to repair the
o Proof of his good motives and justifiable ends is not wrong done. Matti v. Bulleting Publishing Co.
necessary. o Publication due to an honest mistake may only mitigate the damage and
not extinguish it. Phee v. La Vanguardia
Proof of truth:
It cannot be made to rely upon mere hearsay, rumors or suspicion. Art. 362 Libelous remarks
It must rest upon positive, direct evidence upon which a definite finding Libelous remarks or comments connected with the matter privileged under the
may be made by the court. U.S. v. Sotto But probable cause in the truth of provisions of Art. 354, if made with malice, shall not exempt the author thereof
the statement is sufficient. nor the editor or managing editor of a newspaper from criminal liability.

When not admissible: Reason:

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The main thrust of the law is to punish libelous remarks or comments on
matters which are privileged, if made with malice in fact. So, a newspaper
reporter who distorts facts connected with official proceedings or who
adds comments thereon as to cast aspersion on the character of the
parties involved, is guilty of libel even through the defamatory matter is
published in connection with a privileged communication. Dorr vs. U. S.

127