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TITLE I: CRIMES AGAINST NATIONAL SECURITY & THE LAWS OF NATIONS Article 119: VIOLATION OF NEUTRALITY
Elements:
Article 114: TREASON 1. Philippines is not involved in the war;
Elements: 2. Regulation issued by competent authority for the purpose of enforcing neutrality
1. Offender owes allegiance to the government; (Filipino/alien resident) 3. Offender violates such regulation.
2. Philippines is involved in a war
3. Offender: Article 120: CORRESPONDENCE WITH HOSTILE COUNTRY
a. Levies war against the government: Elements:
i. Actual assembling of men; and 1. Philippines is involved in a war;
ii. Purpose: Execute a treasonable design. 2. Offender corresponds with an enemy country or territory occupied by enemy troops;
b. Adheres to the enemies giving them aid and comfort: 3. Correspondence is:
i. Adherence; and a. Prohibited by the government;
ii. Giving aid or comfort to the enemy. b. Carried on in ciphers or conventional signs; or
Aggravating Circumstances: c. Containing notice or information w/c might be useful to the enemy.
1. Ignominy Qualifying Circumstances:
2. Cruelty 1. Notice or information might be useful to the enemy
3. Amount/degree of aid 2. offender intended to aid enemy
4. Gravity of separate distinct acts of treason
Inherent Circumstances: Article 121: FLIGHT TO ENEMY’S COUNTRY
5. evident premeditation Elements:
6. superior strength 1. Philippines is involved in a war;
7. treachery 2. Offender owes allegiance to the government (Filipino/Resident Alien)
3. He attempts to flee or go to enemy country
Article 115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON—PENALTY 4. Going to enemy country is prohibited by competent authority.
Elements of Conspiracy to Commit Treason:
1. In time of war; Article 122: PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS OR IN PHIL. WATERS
2. 2 or more persons come to an agreement to commit treason Elements of Piracy:
3. They decide to commit it. 1. Vessel is on the high seas/Philippine waters
Elements of Proposal to Commit Treason: 2. Offenders are not members of its complement or passengers of the vessel
1. In time of war; and 3. Offenders either:
2. A person who has decided to commit treason a. Attack or seize that vessel
3. Proposes its execution to other person/s. b. Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
Article 116: MISPRISION OF TREASON Elements of Mutiny:
Elements: 1. Vessel is on the high seas/Philippine waters;
1. Offender owes allegiance to the government 2. Offenders are either members of its complement, or passengers of the vessel
2. Not a foreigner; 3. Offenders commit the same acts in piracy (above: a and b).
3. He knows of any conspiracy to commit treason against the government
4. He conceals or does not disclose the same as soon as possible to the authorities in which Article 123: QUALIFIED PIRACY
he resides (governor or fiscal of the province or the mayor or fiscal of city) Qualifying Circumstances:
1. Seized a vessel by boarding or firing upon the same;
Article 117: ESPIONAGE 2. Abandoned their victims without means of saving themselves
Elements of the First Form of Espionage: 3. Crime is accompanied by murder, homicide, physical injuries, or rape
1. Offender enters any warship, fort, naval, or military establishments or reservation; Note: The 2nd & 3rd circumstances also qualifies mutiny; the 1st does not.
2. He has no authority
3. Purpose: Obtain information, plans, photographs or other data of a confidential nature TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
relative to the defense of the Philippines.
Elements of the Second Form of Espionage: Article 124: ARBITRARY DETENTION
1. Offender is a public officer; Elements:
2. He possesses articles, data or information referred to in the first kind of espionage by 1. Offender is a public officer or employee who has the authority to make an arrest and
reason of the public office he holds detain persons, or the jurisdiction to maintain peace and order;
3. He discloses their contents to a representative of a foreign nation 2. He detains a person; and
3. Detention was without legal grounds.
Article 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
Elements: Article 125: DELAY IN DELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL
1. Offender performs unlawful or unauthorized acts AUTHORITIES
2. Such acts provoke or give occasion for: Elements:
a. a war involving, or liable to involve, the Philippines, or 1. Offender is a public officer or employee;
b. expose Filipino citizens to reprisals on their persons or property. 2. He has detained a person for some legal grounds; and
3. He fails to deliver such person to the proper judicial authority within:

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a. 12 hours, for crimes punishable by light penalties Article 131: PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS
b. 18 hours, for crimes punishable by correctional penalties Elements:
c. 36 hours, for crimes punishable by capital punishment or afflictive penalties, or 1. Offender is a public officer or employee
their equivalent. 2. Offender either:
a. Prohibits, interrupts or dissolves, w/o legal ground, the holding of a peaceful
Article 126: DELAYING RELEASE meeting
Elements: b. Hinders any person from joining any lawful association or from attending any
1. Offender is a public officer or employee; of its meetings
2. A judicial or executive order for release of prisoner or detention prisoner, or a proceeding c. Prohibiting or hindering any person from addressing any petition to the
upon a petition for the liberation of such persons; and authorities for the correction of abuses or redress of grievances
3. Offender without good reason delays:
a. Service of the notice of such order to the prisoner; Article 132: INTERRUPTION OF RELIGIOUS WORSHIP
b. Performance of such judicial or executive order for the release of the prisoner; Elements:
c. Proceedings upon a petition for the release of such person. 1. Officer is a public officer or employee;
2. Religious ceremonies or manifestations of any religion are about to take place or are
Article 127: EXPULSION going on; and
Elements: 3. Offender prevents or disturbs the same.
1. Offender is a public officer or employee; Qualifying Circumstances:
2. Offender: 1. violence
a. Expels any person from the Philippines; or 2. threats
b. Compels him to change residence.
3. Offender is not authorized to do so by law. Article 133: OFFENDING THE RELIGIOUS FEELINGS
Elements:
Article 128: VIOLATION OF DOMICILE 1. Acts complained of were performed:
Elements: a. In a place devoted to religious worship; or
1. Offender is a public officer or employee; b. During the celebration of any religious ceremony.
2. He is not authorized by judicial order to enter dwelling and/or make a search therein for 2. Acts must be notoriously offensive to the feelings of the faithful;
papers or other effects; and 3. Offender is any person
3. Offender: 4. Deliberate intent to hurt the feelings of the faithful, directed against religious tenet.
a. Enters any dwelling against the will of the owner;
b. Searches for papers or other effects therein w/o previous consent; TITLE III: CRIMES AGAINST PUBLIC ORDER
c. Refuses to leave premises, after having surreptitiously entered it and required to
leave. Article 134: REBELLION OR INSURRECTION
Special Aggravating Circumstances: Elements:
1. nighttime 1. There is:
2. papers/effects not constituting evidence of a crime are not returned immediately a. Public uprising; and
b. Taking arms against the government.
Article 129: SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF 2. Purpose:
THOSE LEGALLY OBTAINED a. To remove allegiance to government or its laws—
Elements of Search Warrants Maliciously Obtained: i. Territory of the Philippines or any part thereof;
1. Offender is a public officer or employee; ii. Any body of land, naval or other armed forces.
2. He procures a search warrant; and b. To deprive the Chief Executive or Congress, wholly or partially, of any of their
3. There is no just cause. powers or prerogatives.
Elements of Abuse in the Service of Warrant or Exceeding Authority or Using Unnecessary
Severity in Executing a Search Warrant Legally Procured: Article 134-A: COUP D’ETAT—HOW COMMITTED
1. Offender is a public officer or employee; Elements:
2. He has legally procured a search warrant; and 1. Swift attack;
3. He exceeds his authority or uses unnecessary severity in executing the same. 2. Accompanied by violence, intimidation, threat, strategy or stealth;
3. Directed against:
Article 130: SEARCHING DOMICILE WITHOUT WITNESSES a. Duly constituted authorities;
Elements: b. Any military camp or installation;
1. Offender is a public officer or employee; c. Communication networks or public utilities; or
2. He is armed with a search warrant legally procured; d. Other facilities needed for the exercise and continued possession of power.
3. He searches the domicile, papers or other belongings of any person; and 4. Singly or simultaneously carried out anywhere in the Philippines;
4. Owner, or any member of his family, or 2 witnesses residing in the same locality are not 5. Committed by any person or persons belonging to the military or police or holding any
present. public office or employment;
6. With or without civilian support or participation; and
7. For the purpose of seizing or diminishing state power.

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Article 135: PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT Article 140: PENALTY FOR SEDITION
Persons Liable: Persons Liable:
1. The leaders who: 1. Leader of the sedition
a. Promotes 2. Other persons participating in the sedition.
b. Maintains, or
c. Heads a rebellion or insurrection Article 141: CONSPIRACY TO COMMIT SEDITION
2. The leaders who: Elements:
a. Leads 1. 2 or more persons come to an agreement to commit sedition
b. Directs, or 2. They decide to commit it.
c. Commands others to undertake a coup d’etat
3. Any person who: Article 142: INCITING TO SEDITION
a. Participates, or Elements:
b. Executes the command of others in rebellion or insurrection 1. Offender does not take any direct part in the crime
4. Any person in the government service who: 2. Offender incites others to the accomplish the acts which constitute sedition
a. Participates 3. Inciting is done by:
b. Executes directions/commands of others in undertaking a coup d’etat a. Speeches;
5. Any person not in the government service who: b. Proclamations;
a. Participates c. Writings;
b. Supports d. Emblems;
c. Finances e. Cartoons;
d. Abets, or f. Banners; or
e. Aids in undertaking a coup d’etat g. Other representations tending to the same end.
Acts Punishable:
Article 136: CONSPIRACY & PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR 1. Inciting others to accomplish sedition by means of speeches, proclamations, writings,
INSURRECTION emblems, etc.;
Elements of Conspiracy to Commit Coup d’etat, Rebellion or Insurrection: 2. Uttering seditious words or speeches, which tend to disturb the public peace;
1. 2 or more persons come to an agreement to commit rebellion or insurrection; and 3. Writing, publishing or circulating scurrilous libels against the government or any of the
2. They decide to commit it. duly constituted authorities, w/c tend to disturb the public peace;
Elements of Proposal to Commit Coup d’etat, Rebellion or Insurrection: 4. Knowingly concealing such evil practices.
1. A person who has decided to commit rebellion or insurrection; and When Punishable:
2. Proposes its execution to some other person/s. 1. Act tends to disturb/obstruct any lawful officer in executing the functions of his office;
2. Act tends to instigate others to cabal & meet together for unlawful purposes;
Article 137: DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES 3. Persons suggest or incite rebellious conspiracies or riots; or
Elements: 4. Persons lead or tend to stir up the people against lawful authorities, or to disturb the
1. Fails to resist rebellion by all the means in their power; peace of the community, or safety and order of the government.
2. Continues to discharge the duties of their offices under the control of rebels; and
3. Accepts appointment to office under rebels. Article 143: ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY
Elements:
Article 138: INCITING TO REBELLION OR INSURRECTION 1. Projected or actual meeting of Congress or any of its committees/ subcommittees,
Elements: constitutional commissions/ committees/ divisions, provincial board, or city/ municipal
1. Offender does not take arms or is not in open hostility against the government; council/ board; and
2. He incites others to the commit rebellion; and 2. Offender (any person) prevents such meeting by force or fraud.
3. Inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end. Article 144: DISTURBANCE OF PROCEEDINGS
Elements:
Article 139: SEDITION—HOW COMMITTED 1. Meeting of Congress of any of its committees/ constitutional commissions/ committees/
Elements: divisions, or of any provincial/ city/ municipal council/ board;
1. Offenders rise publicly and tumultuously; 2. Offender:
2. Employ force, intimidation, or other means outside of legal methods; and a. Disturbs any such meeting; and
3. Purpose: b. Interrupts its proceedings or impairs the respect due it.
a. Prevent promulgation or execution of any law, or holding of popular election;
b. Prevent national, provincial/municipal govt, or public officer from freely Article 145: VIOLATION OF PARLIAMENTARY IMMUNITY
exercising its or his functions, or prevent execution of administrative orders; Elements of 1st Act Punishable:
c. Inflict act of hate/revenge upon person/property of any public officer/employee 1. Offender is any person
d. Inflict act of hate or revenge against private persons or any social class for 2. Offender uses force, intimidation, threats, or frauds
political or social end; or 3. Purpose: to prevent any member of Congress from:
e. Despoil any person, municipality, province, or the national government of all its a. Attending the meeting of the assembly or any of its committees/
property or any part thereof, for any political or social end. constitutional commissions/ committees/ divisions;
b. Expressing his opinions; or
c. Casting his vote.

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Elements of 2nd Act Punishable: Acts punishable:
1. Offender is a public officer or employee 1. Refusing without legal excuse to obey summons of Congress, or any commission or
2. He arrests or searches any member of Congress committee chairman or member authorized to summon witnesses
3. Congress, at the time of arrest or search, is in regular or special session 2. Refusing to be sworn or placed under affirmation while before such legislative or
4. Member searched has not committed a crime punishable by penalty prision mayor or higher constitutional body or official
3. Refusing to answer any legal inquiry or to produce books, papers, documents, or
Article 146: ILLEGAL ASSEMBLIES records in his possession, when required by them to do so in the exercise of their
Elements of 1st Type: functions
1. Meeting, gathering or group of persons, whether in fixed place or moving 4. Restraining another from attending as witness in such legislative or constitutional body
2. Purpose: Commit any of the crimes punishable under RPC; and 5. Inducing disobedience to a summons or refusal to be sworn by any such body or official
3. Meeting attended by armed persons.
Elements of 2nd Type: Article 151: RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE
1. Meeting, gathering or group of persons, whether in a fixed place or moving; AGENTS OF SUCH PERSON
2. Audience, whether armed or not, is incited to the commission of the crime of treason, Elements of Resistance & Serious Disobedience:
rebellion or insurrection, sedition or direct assault. 1. Person in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender
Article 147: ILLEGAL ASSOCIATIONS 2. Offender resists or seriously disobeys such person in authority or his agent;
Elements: 3. That the act of the offender is not included in Articles 148 to 150.
1. Organized totally or partially to commit any of the crimes in RPC; or Elements of Simple Disobedience:
2. For some purpose contrary to public morals. 1. Agent of a person in authority is engaged in the performance of official duty gives a
Persons Liable: lawful order to the offender
1. Founders, directors and president of the association 2. Offender disobeys such agent
2. Members of the association. 3. Such disobedience is not of a serious nature.

Article 148: DIRECT ASSAULTS Article 152: PERSONS IN AUTHORITY AND THEIR AGENTS
Elements of the First Form of Direct Assault: Persons in Authority:
1. Offender employs force or intimidation 1. Individual/member of some court or governmental corp., board or comm.
2. Aim of the offender is to attain any of the purposes of rebellion or sedition 2. Directly vested with jurisdiction.
3. No public uprising. Agent of Persons in Authority:
Elements of the Second Form of Direct Assault: 1. By direct provision of the law, by election or appointment
1. Offender: 2. Is charged w/ the maintenance of public order & protection of security of life & property
a. Makes an attack 3. May also be a person who comes to the aid of a person in authority
b. Employs force
c. Makes a serious intimidation; or Article 153: TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER—TUMULTUOUS
d. Makes a serious resistance DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
2. Person assaulted is a person in authority or his agent Acts Punishable:
3. At the time of the assault, person in authority or his agent: 1. Causing serious disturbance in a public place, office or establishment
a. Is engaged in the actual performance of official duties; or 2. Interrupting or disturbing public performances, functions, gatherings or peaceful
b. Is assaulted by reason of the past performance of official duties. meetings, if not included in Article 131 and 132
4. Offender knows that the one he is assaulting is a person in authority or his agent in the 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or
exercise of his duties; and public place
5. No public uprising. 4. Displaying placards or emblems w/c provoke a disturbance of public order in such place
5. Burying with pomp the body of persons who have been legally executed
Qualifying Circumstances: Qualifying Circumstance:
1. when assault is committed with a weapon 1. Tumultuous
2. offender is a public officer/employee
3. offender lays hands upon a person in authority Article 154: UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
Acts Punishable:
Article 149: INDIRECT ASSAULTS 1. Publishing or causing to be published, through printing, lithography or any other
Elements: means, any false news which may endanger the public order, or cause damage to
1. Direct assault is committed against an agent of a person in authority interest or credit of State
2. A person comes to the aid of the agent of the person in authority 2. Encouraging disobedience to law or to constituted authorities, or praising, justifying or
3. Offender makes use of force or intimidation upon such person coming to the aid of the extolling any act punished by law, by the same means above, or by words, utterances
agent of the person in authority or speeches
3. Maliciously publishing or causing to be published any official resolution or document w/o
Article 150: DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS proper authority, or b4 they have been published officially
COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS 4. Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals
COMMITTEES, SUBCOMMITTEES OR DIVISIONS or leaflets which do not bear the real printer’s name or which are classified as
anonymous.

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Article 155: ALARMS AND SCANDALS TITLE IV: CRIMES AGAINST PUBLIC INTEREST
Elements:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public Article 161: COUNTERFEITING THE GREAT SEAL OF THE GOVT OF THE PHIL. ISLANDS,
place, calculated to cause alarm or danger; FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
2. Instigating or taking part in any charivari or other disorderly meeting offensive to another Acts Punishable:
or prejudicial to public tranquility; 1. Forging great seal of Government;
3. Disturbing the public peace while wandering about at night or while engaged in any other 2. Forging signature of President; and
nocturnal amusement 3. Forging stamp of President.
4. Causing disturbance or scandal in public places while intoxicated or otherwise, if act not
covered by Article 153. Article 162: USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMPS
Elements:
Article 156: DELIVERING PRISONERS FROM JAIL 1. Great seal of the republic was counterfeited or signature or stamp of Chief Executive
Elements: was forged
1. Person confined in a jail or penal establishment; 2. Offender knew of the counterfeiting or forgery
2. Offender removes such person, or helps the escape of such person; and 3. He used the counterfeit seal or forged signature or stamp.
3. Offender is a private individual.
Qualifying Circumstances: Article 163: MAKING AND IMPORTING AND UTTERING FALSE COINS
1. violence Elements:
2. intimidation 1. False or counterfeited coins;
3. bribery 2. Offender made, imported or uttered such coins; and
3. In case of uttering such false or counterfeited coins, he connives with counterfeiters or
Article 157: EVASION OF SERVICE OF SENTENCE importers.
Elements: Kinds of Coins the Counterfeiting of Which is Punished:
1. Offender is a convict by final judgment; 1. Silver coins of Philippines or coins of Central Bank of the Philippines;
2. Serving his sentence which constitutes in deprivation of liberty; and 2. Coins of minor coinage of Philippines or of CBP
3. He evades the service of his sentence by escaping during its term. 3. Coin of foreign currency.
Qualifying Circumstances:
1. unlawful entry (scaling) Article 164: MUTILATION OF COINTS – IMPORTATION & UTTERANCE OF MUTILATED
2. breaking doors, windows, gates, walls, roofs or floors COINS
3. using picklocks, false keys, disguise, deceit, violence or intimidation 1. Mutilating coins of the legal currency, with intent to damage or to defraud another
4. connivance with other convicts or employees of penal institution 2. Importing or uttering such mutilated coins, w/ the further requirement that there must
be connivance w/ the mutilator or importer in case of uttering
Article 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES Article 165: SELLING OF FALSE OR MUTILATED COINS, W/O CONNIVANCE
Elements: Acts Punishable:
1. Offender is a convict by final judgment who is confined in a penal institution; 1. Possession of counterfeited or mutilated coins, with intent to utter the same, knowing
2. Disorder resulting from: that it is false or mutilated; and
a. Conflagration Elements:
b. Earthquake a. Possession
c. Explosion b. With intent to utter
d. Similar catastrophe, or c. Knowledge
e. Mutiny (did not participate) 2. Uttering such false or mutilated coins, knowing that it’s false or mutilated:
3. Offender evades service of his sentence by leaving penal institution, on occasion of such Elements:
disorder a. Actual uttering
4. Offender fails to give himself up to authorities within 48 hours following the proclamation b. Knowledge
by the Chief Executive announcing the end of such disorder.
Article 166: FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO
Article 159: OTHER CASES OF EVASION OF SERVICE OF SENTENCE BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES & DOCUMENTS
Elements: Acts Punishable:
1. Offender was a convict; 1. Forging or falsifying treasury/bank notes or documents payable to bearer;
2. He was granted conditional pardon by the Chief Executive 2. Importing such notes; and
3. He violated any of the conditions of such pardon. 3. Uttering such forged or false notes in connivance with forgers and importers.

Article 160: QUASI RECIDIVISM Article 167: COUNTERFEITING, IMPORTING, & UTTERING INSTRUMENTS NOT PAYABLE
Elements: TO BEARER
1. Offender already convicted by final judgment of one offense Elements:
2. He committed a new felony before beginning to serve such sentence or while serving the 1. Instrument payable to order or other doc. of credit not payable to bearer
same. 2. Offender forged, imported or uttered such instruments
3. In case of uttering, he connived with the forger or importer

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Article 168: ILLEGAL POSSESSION & USE OF FALSE TREASURY OR BANK NOTES & OTHER 2. Falsification of a private document
INSTRUMENTS OF CREDIT Elements:
Elements: a. Offender committed any of the first 6 acts of falsification in Article 171;
1. Any treasury/ bank note or certificate or other obligation & security payable to bearer, or b. Falsification was committed in any private document; and
any instrument payable to order or other document of credit not payable to bearer is c. Falsification caused damage to a third party or at least was committed with
forged or falsified intent to cause such damage.
2. Offender knows that any of those instruments is forged or falsified by another 3. Use of falsified document.
3. Offender: Elements:
a. Uses any of such forged or falsified instrument, or a. Introducing in a judicial proceeding:
b. Possesses with intent to use any of such forged or falsified instrument. i. Offender knew document was falsified;
ii. False document is in Article 171 or in 1 and 2 of Article 172;
Article 169: HOW FORGERY IS COMMITTED iii. He introduced document in evidence in any judicial proceeding.
Acts Punishable: b. Use in any other transaction:
1. Giving treasury/ bank note or instrument payable to bearer or to order the appearance of a i. Offender knew that document was falsified;
true and genuine document; and ii. False document is in Article 171 or in 1 and 2 of Article 172;
2. Erasing, substituting, counterfeiting, altering by any means, the figures, letters or words, iii. He used such documents; and
or signs contained therein. iv. Use of documents caused damage to another or at least was used
with intent to cause such damage.
Article 170: FALSIFICATION OF LEGISLATIVE DOCUMENTS
Elements: Article 173: FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH & TELEPHONE
1. Bill, resolution or ordinance enacted or approved or pending approval by the National MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
Assembly or any provincial board or municipal council Acts Punishable:
2. Offender (any person) alters the same 1. Uttering/Falsifying fictitious, wireless, telegraph or telephone message;
3. He has no proper authority Elements:
4. Alteration changed meaning of document. a. Offender is an officer/employee of govt or of private corporation, engaged in
the service of sending or receiving wireless, cable or telephone message;
Article 171: FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY OR ECCLESIASTICAL b. Offender:
MINISTER i. Utters fictitious, wireless, cable, telegraph, or telephone message
Elements: ii. Falsifies wireless, cable, telegraph, or telephone message.
1. Offender is a public officer, employee or notary public; 2. Use of falsified message
2. He takes advantage of his official position; Elements:
3. He falsifies a document by: a. Offender knew that wireless, cable, telegraph, or telephone message was
a. Counterfeiting or imitating any handwriting, signature or rubric; falsified by persons specified in the Article 173 (1);
b. Causing it to appear that persons have participated in any act or proceeding b. Offender used such falsified dispatch; and
when they did not in fact participate; c. Use of falsified dispatch resulted in prejudice of a 3rd party, or was with intent
c. Attributing to persons who have participated in any act or proceeding statements to cause such prejudice.
other than those in fact made by them;
d. Making untruthful statements in a narration of facts; Article 174: FALSE MEDICAL CERTIFICATES, FALSE CERT. OF MERITS OR SERVICE
e. Altering true dates; Persons Liable:
f. Making alteration/intercalation in a genuine document w/c changes its meaning 1. Physician/surgeon who, in connection w/ the practice of his profession, issued a false
g. Issuing, in an authenticated form, a document purporting to be a copy of an certificate
original document when no such original exists, or including in such copy a 2. Public officer who issued a false cert. of merit, service, good conduct or similar
statement contrary to, or different from, that of the genuine original; and circumstances
h. Intercalating any instrument or note relative to its issuance in a protocol, 3. Private individual who falsified a certificate under (1) and (2).
registry, or official book.
4. In case offender is an ecclesiastical minister, falsification is committed with respect to any Article 175: USING FALSE CERTIFICATES
record or document which affects the civil status of persons. Elements:
Persons Liable: 1. Physician or surgeon issued a false medical certificate, or public officer issued a false
1. public officer/employee/notary public who takes advantage of his office certificate of merit, service, good conduct, or similar circumstances, or a private person
2. ecclesiastical minister if the act may affect the civil status of a person falsified any of said certificates;
3. private individual, if in conspiracy w/ public officer 2. Offender knew that the certificate was false; and
3. He used the same.
Article 172: FALSIFICATION BY PRIVATE INDIVIDUALS & USE OF FALSIFIED DOCUMENTS
Acts Punishable: Article 176: MANUFACTURING & POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR
1. Falsification by public, official or commercial document by a private individual; FALSIFICATION
Elements: Acts Punishable:
a. Offender is a private individual or public officer or employee who did not take 1. Making or introducing into the Philippines any stamps, dies, marks or other instruments
advantage of his official position or implements for counterfeiting or falsification
b. Committed any of the first 6 acts of falsification in Article 171. 2. Possessing, with intent to use, instruments or implements for counterfeiting or
c. Falsification was committed in any public or official or commercial document. falsification made in or introduced into the Philippines by another person

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Article 177: USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS Article 183: FALSE TESTIMONY IN OTHER CASES & PERJURY IN SOLEMN AFFIRMATION
Acts Punishable: Elements:
1. Usurpation of authority; and 1. Accused made a statement under oath or made an affidavit upon a material matter;
Elements: 2. Statement or affidavit was made before a competent officer, authorized to receive and
a. Offender knowingly and falsely represents himself; and administer oaths;
b. As an officer, agent or representative of any department or agency of the local, 3. Accused made a willful and deliberate assertion of falsehood, and
national or foreign government. 4. Sworn statement or affidavit containing the falsity is required by law.
2. Usurpation of public functions. Acts Punishable:
Elements: 1. By falsely testifying under oath; and
a. Offender performs any act; 2. By making a false statement.
b. Pertaining to any person in authority or public officer of the national or foreign
government, or any of its agencies; Article 184: OFFERING FALSE TESTIMONY IN EVIDENCE
c. Under pretense of such official position; and Elements:
d. Without being lawfully entitled to do so. 1. Offender offered in evidence a false witness or testimony;
2. He knew the witness or the testimony was false; and
Article 178: USING FICTITIOUS NAME AND CONCEALING TRUE NAME 3. Offer was made in a judicial or official proceeding.
Acts Punishable:
1. Using fictitious name; and Article 185: MACHINATIONS IN PUBLIC AUCTIONS
Elements: Acts Punishable:
a. Offender uses a name other than his real name; 1. Soliciting any gift or promise as a consideration for refraining from taking part in the
b. He uses that fictitious name publicly; and public auction
c. Purpose: Elements:
i. Conceal a crime a. Public auction;
ii. Evade the execution of a judgment, or b. Accused solicited gift or promise from any of the bidders;
iii. Cause damage to public interest c. Such gift or promise was consideration for his refraining from taking part in
2. Concealing true name public auction; and
Elements: d. Accused had intent to cause reduction of price of the thing auctioned.
a. Offender conceals: 2. Attempting to cause bidders to stay away:
i. True name; and Elements:
ii. Other personal circumstances. a. Public auction;
b. Purpose: Conceal identity. b. Accused attempted to cause bidders to stay away from public auction;
Article 179: ILLEGAL USE OF UNIFORMS OR INSIGNIA c. Done by threats, gifs, promises, or any other artifice;
Elements: d. Accused had intent to cause reduction of price of thing auctioned.
1. Offender makes use of insignia, uniform or dress;
2. Insignia, uniform or dress pertains to an office not held by the offender or to a class of Article 186: MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
persons of which he is not a member; and Acts Punishable:
3. Insignia, uniform or dress is used publicly and improperly. 1. Combination to prevent free competition in the market;
Elements:
Article 180: FALSE TESTIMONY AGAINST A DEFENDANT a. Entering into any contract or agreement or taking part in any conspiracy or
Elements: combination in the form of a trust or otherwise
1. Criminal proceeding; b. Purpose: In restraint of trade or commerce or to prevent by artificial means free
2. Offender testifies falsely under oath against the defendant therein; competition in the market.
3. Offender knows that it is false; and 2. Monopoly to restrain free competition in the market; and
4. Defendant is either acquitted or convicted in a final judgment. Elements:
a. Monopolizing any merchandise or object of trade or commerce, or combining with
Article 181: FALSE TESTIMONY FAVORABLE TO THE DEFENDANTS any other person/s to monopolize said merchandise or object
Elements: b. Purpose: Alter prices by spreading false rumors or making use of any other
1. A person gives false testimony; artifice, or to restrain free competition in the market.
2. In favor of the defendant; and 3. Making transactions prejudicial to lawful commerce or increasing market price of
3. In a criminal case. merchandise.
Elements:
Article 182: FALSE TESTIMONY IN CIVIL CASES a. Manufacturer, producer, processor or importer of any merchandise or object of
Elements: commerce;
1. Testimony is given in a civil case; b. Combines, conspires or agrees with any person
2. Testimony relates to the issues presented in said case; c. Purpose:
3. Testimony is false; i. Make transactions prejudicial to lawful commerce, or
4. False testimony is given by the defendant knowing the same to be false; and ii. to increase the market price of any merchandise or object of commerce
5. Testimony is malicious and with intent to affect issues presented in the case. manufactured, produced, processed, assembled or imported into the
Philippines.

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Article 187: IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR Article 204: KNOWINGLY RENDERING UNJUST JUDGMENT
MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS Elements:
Elements: 1. Offender is a judge;
1. Offender imports, sells or disposes of any of those articles or merchandise; 2. Renders a judgment in case submitted to him for judgment;
2. Stamps, brands, or marks or those articles or merchandise fail to indicate actual fineness or 3. Judgment is unjust; and
quality of said metals or alloys; and 4. Knowledge that the decision is unjust.
3. Offender knows that said stamp, brand, or mark fails to indicate actual fineness or quality
of the metals or alloys. Article 205: JUDGMENT RENDERED THROUGH NEGLIGENCE
Elements:
1. Offender is a judge;
TITLE VI: CRIMES AGAINST PUBLIC MORALS 2. Renders a judgment in case submitted to him for decision;
3. Judgment is manifestly unjust; and
Article 200: GRAVE SCANDAL 4. Due to inexcusable negligence or ignorance.
Elements:
1. Offender performs an act; Article 206: UNJUST INTERLOCUTORY ORDER
2. Act is highly scandalous as offending against decency or good customs; Elements:
3. Highly scandalous conduct doesn’t expressly fall w/in any other article of the RPC; 1. Offender is a judge;
4. Committed in a public place or within the public knowledge or view. 2. Offender renders unjust interlocutory order or decree:
a. Knowingly
Article 201: IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND b. Through inexcusable negligence or ignorance
INDECENT SHOWS
Persons Liable: Article 207: MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
1. Those who publicly expound or proclaim doctrines contrary to public morals; Elements:
2. Authors of obscene literature, published with their knowledge in any form; 1. Offender is a judge;
3. Editors publishing such obscene literature; 2. Proceeding in his court;
4. Owners or operators of establishments selling obscene literature; 3. He delays the administration of justice; and
5. Those who, in theaters, fairs or cinematographs or any other place, exhibit indecent or 4. Delay is malicious—caused by judge with intent to inflict damage on either party
immoral shows which are proscribed or are contrary to morals, good customs, established
policies, lawful orders, decrees, and edicts Article 208: PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
6. Those who sell, distribute, or exhibit films, prints, engraving, sculptures or literature Acts Punishable:
offensive to morals. 1. Maliciously refraining from instituting prosecution against violators of the law; and
2. Maliciously tolerating the commission of offenses.
Article 202: VAGRANTS AND PROSTITUTES; PENALTY Elements of Dereliction of duty in the prosecution of offenses:
Persons Liable: 1. Offender is a public officer or officer of the law who has a duty to cause prosecution of,
1. Those who have no apparent means of subsistence & who have the physical liability to or to prosecute offenses
work yet neglect to apply themselves to some useful calling 2. Dereliction of the duties of his office
2. Persons found loitering around public & semi-public places w/o visible means of support a. Knowing the commission of the crime, he does not cause the prosecution of
3. Persons tramping or wandering around the country or the streets with no visible means of the criminal, or
support; b. Knowing a crime is about to be committed, he tolerates its commission
4. Idle or dissolute persons lodging in houses of ill-fame; 3. Offender acts with malice and intent to favor the violator of the law.
5. Ruffians or pimps and who habitually associate with prostitutes; and
6. Persons found loitering in inhabited or uninhabited places belonging to others, w/o any Article 209: BETRAYAL OF TRUST BY ATTORNEY/SOLICITOR—REVELATION OF SECRETS
lawful or justifiable reason if not punishable under other article in RPC Acts Punishable:
7. Prostitutes 1. Causing damage to client by:
a. Malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned by him in his professional capacity
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS
3. Undertaking the defense of the opposing party in the same case w/o the consent of his
1st client after having undertaken the defense of said 1 st client or after having received
Article 203: WHO ARE PUBLIC OFFICERS confidential information from said client
Elements:
1. Takes part in performance of public functions in the Government or any of its branches
Section Two: Bribery
2. Performs public duties as employee, agent or subordinate official of any rank or class in
government or any of its branches
3. That his authority to take part in the performance of public functions or to perform public ART. 210. DIRECT BRIBERY
duties must be: Bribery Exists When The Gift Is
a. By direct provision of law 1. Voluntarily offered by a private person
b. By popular election 2. Solicited by the public officer and voluntarily delivered by the private person
c. By appointment by competent authority 3. Solicited by the public officer but the private person delivers it out of fear of the
consequences

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Elements
1. Offender is a public officer within the scope of Article 203; ART. 215. PROHIBITED TRANSACTIONS
2. Offender accepts an offer or promise or receives a gift or present by himself or through Elements
another 1. the offender is an appointive public officer.
3. Such offer or promise or gift/present is accepted: 2. he becomes interested, directly/indirectly, in any transaction of exchange/speculation.
a. With a view to committing some crime; 3. the transaction takes place within the territory subject to his jurisdiction
b. In consideration of an execution of an act which does not constitute a crime but 4. he becomes interested in the transaction during his incumbency
the act is unjust; or
c. To refrain from doing his official duty. ART. 216. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
4. Act which offender agrees to perform or which he executes is connected with the Persons Liable
performance of his official duties. 1. Public officer – in any contract or business in which it is his official duty to intervene.
2. Experts, arbitrators & private accountants – in any contract/transaction connected w/
ART. 211. INDIRECT BRIBERY the estate or property in the approval, distribution or adjudication of w/c they had
Elements acted.
1. Offender is a public officer; 3. Guardians and executors – w/ respect to property belonging to their wards or the
2. He accepts gifts; and estate.
3. Gifts are offered to him by reason of his office.
Elements of Qualified Bribery
1. Public officer entrusted with law enforcement; Chapter Four: MALVERSATION OF PUBLIC FUNDS OR PROPERTY
2. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua
and/or death; and ART. 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY
3. In consideration of any offer, promise or gift. Elements
1. That the offender be a public officer (or private person if entrusted with public funds or
ART. 212. CORRUPTION OF PUBLIC OFFICIALS. connived with public officers)
Elements 2. That he had the custody or control of funds or property (if not accountable for the
1. Offender makes offers or promises or gives gifts or presents to a public officer; and funds, theft or qualified theft)
2. Offers/promises are made or gifts/presents given to a public officer, under circumstances 3. That those funds or property were public funds or property (even if private funds if
that will make public officer liable for direct/indirect bribery. attached, seized, deposited or commingled with public funds)
4. That he
Chapter Three: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS a. Appropriated the funds or property
b. Took or misappropriated them
ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES c. Consented or, through abandonment or negligence, permitted any other
Acts Punishable person to take such public funds or property
1. Frauds against public treasury d. Being guilty of the misappropriation/malversation of such funds/property
Elements Private individuals can also be held liable for malversation when
a. Offender is a public officer; 1. when they are in conspiracy with public officers
b. He took advantage of his office—he intervened in the transaction in his official capacity; 2. when they have charge of national, provincial or municipal funds, revenues or property
c. He entered into an agreement with any interested party or spectator, or made use of any in any capacity
other scheme to: 3. custodian of public funds or property in whatever capacity
i. Furnish supplies; 4. depositary or administrator of public funds or property
ii. Make contracts; or
iii. Adjust or settle accounts relating to public property or funds. ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
d. Accused had intent to defraud the government. Elements
2. Illegal Exactions 1. That the offender is a public officer, whether in the service or separated therefrom.
Elements 2. That he must be an accountable officer for public funds property.
a. Offender is a public officer entrusted with collection of taxes, licenses, fees and other 3. That he is required by law or regulation to render accounts to the commission on audit,
imposts; and or to a provincial auditor.
b. Offender: 4. That he fails to do so for a period of two months after such accounts should be
i. Demands, directly or indirectly, payment of sums different from or larger than rendered.
those authorized by law;
ii. Voluntarily fails to issue receipts, as provided by law, for any sum of money ART. 219. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS
collected by him officially; or BEFORE LEAVING THE COUNTRY
iii. Collects or receives, directly or indirectly, by way of payment or otherwise, things Elements
or objects of a nature different from that provided by law. 1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or property.
ART. 214. OTHER FRAUDS 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without
Elements securing from the Commission on Audit a certificate showing that his accounts have
1. Offender is a public officer; been finally settled.
2. He takes advantage of his official position; and
3. He commits any fraud or deceit in Articles 315 to 318.

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ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERT ART. 226. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS
Elements of Technical Malversation Elements
1. That the offender is a public officer. 1. That the offender be a public officer.
2. That there is public fund or property under his administration. 2. That he abstracts, destroys or conceals a document or papers.
3. That such public fund or property has been appropriated by law or ordinance (without this, 3. That the said documents/papers were entrusted to him by reason of his office.
it is simple malversation even if applied to other public purpose). 4. That damage, whether serious or not, to a 3rd party or to the public interest should
4. That he applies the same to a public use other than for which such fund or property has have been caused.
been appropriated by law or ordinance. Illicit Purpose Exists When Intention of Offender is
1. to tamper with it
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY 2. to profit by it
Acts Punished 3. to commit any act constituting a breach of trust in the official care thereof
1. By failing to make payment by public officer who is under obligation to make such payment
from Government funds in his possession ART. 227. OFFICER BREAKING SEAL
2. By refusing to make delivery by a public officer who had been ordered by competent Elements
authority to deliver any property in his custody or under his administration 1. That the offender is a public officer.
Elements 2. That he is charged with the custody of papers or property.
1. Public Officer has gov’t funds or property in his possession 3. That these papers or property are sealed by proper authority.
2. He is under obligation to either: 4. That he breaks the seals or permits them to be broken.
a. make payment from such funds
b. to deliver property in his custody or administration when ordered by competent ART. 228. OPENING OF CLOSED DOCUMENT
authority Elements
3. He maliciously fails or refuses to do so 1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
ART. 222. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS 3. That he opens or permits to be opened said closed papers, documents or objects.
Persons Liable 4. That he does not have proper authority.
1. Private individual who, in any capacity, have charge of any national, provincial or municipal
funds, revenue, or property Section Three. — Revelation of secrets
2. Administrator or depositary of funds or property that has been attached, seized or
deposited by public authority, even if owned by a private individual ART. 229. REVELATION OF SECRETS BY AN OFFICER
Elements of Par. 1: By Reason of His Official Capacity
Chapter Five: INFIDELITY OF PUBLIC OFFICERS 1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
Section One. — Infidelity in the custody of prisoners 3. That he reveals such secret without authority or justifiable reasons.
4. That damage, great or small, be caused to the public interest (damage is essential)
ART. 223. CONNIVING WITH OR CONSENTING TO EVASION Elements of Par. 2: Delivering Wrongfully Papers or Copies of Papers of Which he May
Elements Have Charge and Which Should Not be Published
1. That the offender is a public officer (on duty). 1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner 2. That he has charge of papers.
or prisoner by final judgment. 3. That those papers should not be published.
3. That such prisoner escaped from his custody 4. That he delivers those papers or copies thereof to a third person.
4. That he was in connivance with the prisoner in the latter’s escape 5. That the delivery is wrongful.
6. That damage be caused to public interest.
ART. 224. EVASION THROUGH NEGLIGENCE
Elements ART. 230. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
1. That the offender is a public officer. Elements
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner 1. That the offender is a public officer
or prisoner by final judgment. 2. That he knows of the secret of a private individual by reason of his office.
3. That such prisoner escapes through his negligence. 3. That he reveals such secrets without authority or justification reason.

ART. 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC Chapter Six: HER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
OFFICER
Elements ART. 231. OPEN DISOBEDIENCE
1. That the offender is a private person (note: must be on duty) Elements
2. That the conveyance or custody of a prisoner or person under arrest is confined to him. 1. That the offender is a judicial or executive officer.
3. That the prisoner or person under arrest escapes. 2. That there is a judgment, decision or order of superior authority.
4. That the offender consents to the escape of the prisoner or person under arrest, or that the 3. That such judgment, decision or order was made within the scope of the jurisdiction of
escape takes place through his negligence the superior authority and issued with all the legal formalities.
4. that the offender without any legal justification openly refuses to execute the said
Section Two. — Infidelity in the custody of document judgment, decision or under which he is duty bound to obey.

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ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS, WHEN SAID ORDER WAS Qualifying Circumstance
SUSPENDED BY INFERIOR OFFICER 1. if the purpose behind the abandonment is to evade the discharge of duties consisting of
Elements preventing, prosecuting or punishing any of the crimes against national security
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order. Section Three. — Usurpation of powers and unlawful appointments
4. That his superior disapproves the suspension of the execution of the order.
5. That the offender disobeys his superior despite the disapproval of the suspension. ART. 239. USURPATION OF LEGISLATIVE POWERS
Elements
ART. 233. REFUSAL OF ASSISTANCE 1. That the offender is an executive or judicial officer.
Elements 2. That he
1. That the offender is a public officer. a. makes general rules or regulations beyond the scope of his authority or
2. That a competent authority demands from the offender that he lend his cooperation b. attempts to repeal a law or
towards the administration of justice or other public service. c. suspends the execution thereof.
3. That the offender fails to do so maliciously.
ART. 240. USURPATION OF EXECUTIVE FUNCTIONS
ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE Elements
Elements 1. That the offender is a judge.
1. That the offender is elected by popular election to a public office. 2. That he
2. That he refuses to be sworn in or discharge the duties of said office. a. assumes a power pertaining to the executive authorities, or
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of b. obstructs executive authorities in the lawful exercise of their powers
said office.
ART. 241. USURPATION OF JUDICIAL FUNCTIONS
ART. 235. MALTREATMENT OF PRISONERS. Elements
Elements 1. That the offender is an officer of the executive branch of the government.
1. That the offender is a public officer or employee. 2. That he
2. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical a. assumes judicial powers, or
injuries) b. obstruct the execution of any order decision rendered by any judge within his
3. That he maltreats such prisoner in either of the following manners: jurisdiction.
4. by overdoing himself in the correction or handling of a prisoner or detention prisoner under
his charge either – ART. 242. DISOBEYING REQUEST FOR DISQUALIFICATION
a. by the imposition of punishments not authorized by the regulations, or Elements
b. by inflicting such punishments (those authorized) in a cruel and humiliating 1. That the offender is a public officer.
manner, or 2. That a proceeding is pending before such public officer.
c. by maltreating such prisoner to extort a confession or to obtain some information 3. That there is a question brought before the proper authority regarding his jurisdiction,
from the prisoner. which is not yet decided.
4. That he has been lawfully required to refrain from continuing the proceeding.
Sec. 2. — Anticipation, prolongation & abandonment of the duties & powers of public office 5. That he continues the proceeding.

ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE ART. 243. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL
Elements AUTHORITY
1. That the offender is entitled to hold a public office or employment, either by election or Elements
appointment. 1. That the offender is an executive officer.
2. That the law requires that he should first be sworn in and/or should first give a bond. 2. That the addresses any order or suggestion to any judicial authority.
3. That he assumes the performance of the duties and powers of such office. 3. That the order or suggestion relates to any case or business coming within the
4. That he has not taken his oath of office and./or given the bond required by law. exclusive jurisdiction of the courts of justice.

ART. 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS ART. 244. UNLAWFUL APPOINTMENTS
Elements Elements
1. That the offender is holding a public office. 1. That the offender is a public officer.
2. That the period provided by law, regulations or special provisions for holding such office 2. That he nominates or appoints a person to a public office.
has already expired. 3. That such person lacks the legal qualification therefor.
3. That he continues to exercise the duties and powers of such office. 4. That the offender knows that his nominee or appointee lacks the qualification at the
time he made the nomination or appointment.
ART. 238. ABANDONMENT OF OFFICE OR POSITION
Elements
1. That the offender is a public officer. Section Four. — Abuses against chastity
2. That he formally resign from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.

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ART. 245. ABUSES AGAINST CHASTITY; PENALTIES ART. 249. HOMICIDE
Elements Elements
1. That the offender is a public officer. 1. That a person was killed.
2. That he solicits or makes immoral or indecent advances to a woman. 2. That the accused killed him without any justifying circumstances.
3. That such woman must be – 3. That the accused had the intention to kill, which is presumed.
a. interested in matters pending before the offender for decision, or with respect to which he 4. That the killing was not attended by any of the qualifying circumstances of murder, or
is required to submit a report to or consult with a superior officer, or by that of parricide or infanticide.
b. under the custody of the offender who is a warden or other public officer directly charged
with care and custody of prisoners or person under arrest, or ART. 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE
c. the wife, daughter, sister or relative within the same degree by affinity of the person in the 2 degrees lower than that of the principal in the consummated crime.
custody of the offender
ART. 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY
Title Eight: CRIMES AGAINST PERSONS Elements
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and
Chapter One: DESTRUCTION OF LIFE
attacking each other reciprocally.
Section One. — Parricide, murder, homicide
3. That these several persons quarreled and assaulted one another in a confused and
tumultuous manner.
ART. 246. PARRICIDE 4. That someone was killed in the course of the affray.
Elements 5. That it cannot be ascertained who actually killed the deceased.
1. That a person is killed. 6. That the person or persons who inflicted serious physical injuries or who used violence
2. That the deceased is killed by the accused. can be identified.
3. That the deceased is the Persons Liable
a. father, mother, or child, whether legitimate or illegitimate, 1. persons who inflicted serious physical injuries
b. legitimate other ascendant or other descendant 2. if it isn’t known who inflicted serious physical injuries on the deceased, all persons who
c. legitimate spouse of the accused used violence upon the person of the victim
When Parricide Is Not Punished w/ Reclusion Perpetua
1. Committed through Negligence (Art. 365) ART. 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
2. Committed by Mistake (Art. 249) Elements
3. Committed Under Exceptional Circumstances (Art. 247) 1. that there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or
ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL physical injuries of a less serious nature only.
CIRCUMSTANCES 3. that the person responsible therefor cannot be identified.
Elements 4. That all those who appear to have used violence upon the person of the offended party
1. A legally married person or parent surprises his spouse or daughter (the latter must be are known.
under 18 & living w/ them) in the act of committing sexual intercourse with another person Persons Liable
2. He/she kills any or both of them or inflicts upon any or both of them any serious physical 1. all those who have used violence on the person of the offended party
injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has ART. 253. GIVING ASSISTANCE TO SUICIDE
not consented to the infidelity of the other spouse. Acts Punishable
1. Assisting another to commit suicide, whether the suicide is consummated or not
ART. 248. MURDER 2. Lending his assistance to another to commit suicide to the extent of doing the killing
Elements himself
1. That a person was killed.
2. That the accused killed him. ART. 254. DISCHARGE OF FIREARMS
3. That the killing was attended by any of the following qualifying circumstances Elements
a. with treachery, taking advantage of superior strength, with the aid or armed 1. that the offender discharges a firearm against or at another person.
men, or employing means to weaken the defense or of means or persons to 2. That the offender has no intention to kill that person.
insure or afford impunity
b. in consideration of price, reward or promise
Section Two: Infanticide and abortion.
c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or locomotive, fall of airship, by means of
motor vehicles or with the use of any other means involving great waste or ruin ART. 255. INFANTICIDE
d. on occasion of any of the calamities enumerated in the preceding paragraph, or Elements
of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any 1. That a child was killed.
other public calamity 2. That the deceased child was less than three days (72 hours) of age.
e. with evident premeditation 3. That the accused killed the said child.
f. with cruelty, by deliberately and inhumanely augmenting the suffering of the Mitigating Circumstance
victim or outraging or scoffing at his person or corpse 1. when committed by the mother or maternal grandmother of the victim in order to
4. The killing is not parricide or infanticide. conceal the mother’s dishonor

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ART. 256. INTENTIONAL ABORTION Persons Liable
Elements 1. Challenger
1. That there is a pregnant woman. 2. Instigators
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman. Chapter Two: PHYSICAL INJURIES
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb or after having been expelled therefrom. ART. 262. MUTILATION
4. That the abortion is intended. Kinds of Mutilation
1. Castration - Intentionally mutilating another by depriving him, totally or partially, of
ART. 257. UNINTENTIONAL ABORTION some essential organ for reproduction
Elements Elements
1. That there is a pregnant woman. a. castration, i.e. mutilation of organs necessary for generation (penis/ovarium)
2. That violence is used upon such pregnant woman without intending an abortion. b. purposely and deliberately
3. That the violence is intentionally exerted. 2. Mayhem - Intentionally making another mutilation - lopping, clipping off any part of the
4. That as a result of the violence that fetus dies, either in the womb or after having been body of the offended party, other than the essential organ for reproduction, to deprive
expelled therefrom. him of that part of the body

ART. 258. ABORTION PRACTICED BY THE WOMAN HERSELF OF BY HER PARENTS ART. 263. SERIOUS PHYSICAL INJURIES
Elements How Committed
1. That there is a pregnant woman who has suffered an abortion. 1. Wounding
2. That the abortion is intended. 2. Beating
3. That the abortion is caused by – 3. Assaulting
a. the pregnant woman herself 4. Administering injurious substances
b. any other person, with her consent, or Serious Physical Injuries
c. any of her parents, with her consent for the purpose of concealing her dishonor. 1. Injured person becomes insane, imbecile, impotent or blind
Mitigating Circumstance 2. Injured person –
1. if the committed by the pregnant woman when the purpose is to conceal dishonor a. loses the use of speech or the power to hear or to smell, loses an
eye/hand/foot/arm/leg
ART. 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF b. loses the use of any such member
ABORTIVES c. becomes incapacitated for the work in which he had been habitually engaged
Elements 3. Injured person –
1. That there is a pregnant woman who has suffered an abortion. a. become deformed
2. That the abortion is intended. b. loses any other member of his body
3. That the offender, who must be a physician or midwife, causes or assists in causing the c. loses the use thereof
abortion d. becomes ill or incapacitated for the performance of the work in which he had
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. been habitually engaged in for more than 90 days
Elements as to Pharmacists 4. Injured person becomes ill or incapacitated for labor for more than 30 days (but not
1. The offender is a pharmacist more than 90 days)
2. There is no proper prescription from a physician Qualifying Circumstances:
3. The offender dispenses any abortive 1. Offenses committed against persons enumerated in the crime of parricide w/ the
attendance of circumstances w/c qualify murder
Section Three. — Duel
ART. 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
ART. 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL Elements
Acts Punishable 1. That the offender inflicted upon another person any serious physical injury
1. Killing one’s adversary in a duel 2. That it was done knowingly administering to him any injurious substances or beverages
2. Inflicting upon the adversary serious physical injuries or by taking advantage of his weakness of mind of credulity
3. Making a combat although no physical injuries have been inflicted 3. He had no intent to kill
Persons Liable
2. Principals – persons who killed/ inflicted physical injuries upon his adversary, or both ART. 265. LESS SERIOUS PHYSICAL INJURIES
combatants in any other cases Elements
3. Accomplices – as seconds 1. That the offended party is incapacitated for labor for 10 days or more (but not more
than 30 days), or needs medical attendance for the same period of time
ART. 261. CHALLENGING TO A DUEL 2. That the physical injuries must not be those described in the preceding articles
Acts Punishable Qualifying Circumstances
1. Challenging another to a duel 1. when there is manifest intent to insult or offend the injured person
2. Inciting another to give or accept a challenge to a duel 2. when there are circumstances adding ignominy to the offense
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a 3. when the victim is either the offender’s parents/ascendants/guardian/curators/teachers
duel 4. when the victim is a person of rank or person in authority, provided the crime is not
direct assault

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ART. 266. SLIGHT PHYSICAL INJURIES AND MALTREATMENT Title Nine: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
3 Kinds Chapter One: CRIMES AGAINST LIBERTY
1. That which incapacitated the offended party for labor from 1-9 days or required medical
attendance during the same period ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION
2. That which did not prevent the offended party from engaging in his habitual work or which Elements
did not require medical attendance (ex. blackeye) 1. Offender is a private individual
3. Ill-treatment of another by deed w/o causing any injury (ex. slapping but w/o causing 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
dishonor) 3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances are present
ART. 266A-266B. RAPE (becomes serious)
How Committed a. that the he kidnapping/detention lasts for more than 3 days
1. By a man who have carnal knowledge of a woman under any of the following b. that it is committed simulating public authority
circumstances: c. that any serious physical injuries are inflicted upon the person kidnapped or
a. through force, threat or intimidation detained or threats to kill him are made, or
b. when the offended party is deprived of reason or otherwise unconscious d. that the person kidnapped or detained is a minor (except if parent is the
c. by means of fraudulent machination or grave abuse of authority offender), female or a public officer
d. when the offended party is under 12 years of age or is demented, even though When Death Shall be Imposed
none of the circumstances mentioned above be present 1. if kidnapping is committed for the purpose of extorting ransom either from the victim or
2. By any person who, under any of the circumstances mentioned in par 1 hereof, shall from any other person even if none of the aforementioned are present in the
commit an ac of sexual assault by inserting commission of the offense (even if none of the circumstances are present)
a. his penis into another person’s mouth or anal orifice, or 2. when the victim is either:
b. any instrument or object, into the genital or anal orifice of another person a. killed or dies as a consequence of the detention or
When Rape is punishable by Death: b. raped
1. homicide is committed c. subjected to torture or dehumanizing acts
2. victim under 18 years and offender is:
a. parent ART. 268. SLIGHT ILLEGAL DETENTION
b. ascendant Elements
c. step-parent 1. Offender is a private person
d. guardian 2. He kidnaps or detains another or in any other manner deprives him of his liberty /
e. relative by consanguinity or affinity with the 3 rd civil degree or furnished place for the perpetuation of the crime
f. common law spouse of parent of victim 3. That the act of detention or kidnapping must be illegal
3. under the custody of the police or military authorities or any law enforcement or penal 4. That the crime is committed without the attendant of any of the circumstances
institution enumerated in Art 267
4. committed in full view of the spouse, parent or any of the children or other relatives within Privileged Mitigating Circumstance
the 3rd degree of consanguinity 1. voluntarily releases the person so kidnapped or detained within 3 days from the
5. victim is a religious engaged in legitimate religious vocation or calling and is personally commencement of the detention (Exception: if victim is female)
known to be such by the offender before or at the time of the commission of the crime 2. without having attained the purpose intended and
6. a child below 7 years old 3. before the institution of criminal proceedings against him
7. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease
and the virus is transmitted to the victim ART. 269. UNLAWFUL ARREST
8. member of the AFP, or para-military units thereof, or the PNP, or any law enforcement Elements
agency or penal institution, when the offender took advantage of his position to facilitate 1. That the offender arrests or detains another person
the commission of the crime 2. That the purpose of the offender is to deliver him to the proper authorities
9. victim suffered permanent mutilation or disability 3. That the arrest or detention is not authorized by law or there is no reasonable ground
10. offender knew of the pregnancy of the offended party at the time of the commission of the
crime
Section Two. — Kidnapping of minors
11. when the offender knew of the mental disability, emotional disorder and/or physical
handicap or the offended party at the time of the commission of the crime
ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR
ART. 266C – EFFECT OF PARDON Elements
1. subsequent valid marriage between the offender and the offended party extinguishes the 1. That the offender is entrusted with the custody of a minor person (whether over or
criminal action or the penalty imposed under 7 but less than 18 yrs old)
2. in case the legal husband is the offender, subsequent forgiveness of the wife extinguishes 2. That he deliberately fails to restore the said minor to his parents
the criminal action or penalty (Exception: when the marriage is void ab initio) Mitigating Circumstance: If committed by the father or mother of the victim

ART. 266D – PRESUMPTIONS ART. 271. INDUCING A MINOR TO ABANDON HIS HOME.
Evidence which may be accepted for the prosecution of Rape Elements
1. any physical overt at manifesting resistance against the act of rape in any degree from the 1. That the minor (whether over or under 7) is living in the home of his parents or
offended party guardians or the person entrusted with his custody
2. where the offended party is so situated as to render her incapable of giving consent 2. That the offender induces a minor to abandon such home

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ART. 272. SLAVERY Elements:
Elements a. That the offender has charged of the rearing or education of a minor.
1. That the offender purchases. Sells, kidnaps or detains a human being. b. That he delivers said minor to a public institution or other persons.
2. That the purpose of the offender is to enslave such human being. c. That the one who entrusted such child to the offender has not consented to
Qualifying circumstance such act, or if the one who entrusted such child to the offender is absent; the
1. if the purpose of the offender is to assign the offended party to some immoral traffic proper authorities have not consented to it.
(prostitution), the penalty is higher 2. By neglecting his (offender’s) children by not giving them education which their station
in life requires and financial condition permits
ART. 273. EXPLOITATION OF CHILD LABOR Elements:
Elements a. That the offender is a parent.
1. That the offender retains a minor in his service. b. That he neglects his children by not giving them education.
2. That it is against the will of the minor. c. That his station in life requires such education and his financial condition
3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, permits it.
guardian or person entrusted with the custody of such minor.
ART. 278. EXPLOITATION OF MINORS
ART. 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT Acts punishable
Elements 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing,
1. That the offender compels a debtor to work for him, either as household servant or farm physical strength or contortion, the offender being any person
laborer.] 2. By employing children under 16 who are not the children or descendants of the offender
2. That it is against the debtor’s will. in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus
3. That the purpose is to require or enforce the payment of a debt. manager or engaged in a similar calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the
Chapter Two: CRIMES AGAINST SECURITY next preceding paragraph, the offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an
Section One. — Abandonment of helpless persons and exploitation of minors.
ascendant, guardian, teacher or person entrusted in any capacity with the care of such
child
ART. 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE'S OWN 5. By inducing any child under 16 to abandon the home of its ascendants; guardians,
VICTIM. curators or teachers to follow any person engaged in any of the callings mentioned in
Acts punishable par 2 or to accompany any habitual vagrant or beggar, the offender being any person
1. By failing to render assistance to any person whom the offender finds in an inhabited place Qualifying Circumstance
wounded or in danger of dying, when he can render such assistance without detriment to 1. if the delivery is made in consideration of any price, compensation or promise, the
himself, unless such omission shall constitute a more serious offense penalty is higher.
Elements
a. That place is not inhabited.
Section Two. — Trespass to dwelling
b. The accused found there a person wounded or in danger of dying.
c. The accused can render assistance without detriment to himself.
d. The accused fails to render assistance. ART. 280. QUALIFIED TRESPASS TO DWELLING
2. By failing to help or render assistance to another whom the offender has accidentally Elements
wounded or injured 1. That the offender is a private person.
3. By failing to deliver a child, under 7 whom the offender has found abandoned, to the 2. That he enters the dwelling of another.
authorities or to his family, or by failing to take him to a safe place 3. That such entrance is against the latter’s will.
Qualifying Circumstance
ART. 276. ABANDONING A MINOR 1. if the offense is committed by means of violence or intimidation
Elements When Not Applicable
1. That the offender has the custody of a child. 1. entrance is for the purpose of preventing harm to himself, the occupants or a third
2. That the child is under seven years of age. person
3. That he abandons such child. 2. purpose is to render some service to humanity or justice
4. That he has no intent to kill the child when the latter is abandoned. 3. place is a café, tavern etc while open

Qualifying circumstances ART. 281. OTHER FORMS OF TRESPASS

1. when the death of the minor resulted from such abandonment Elements
2. if the life of the minor was in danger because of the abandonment 1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
ART. 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; 3. That the prohibition to enter be manifest.
INDIFFERENCE OF PARENTS 4. That the trespasser has not secured the permission of the owner or the caretaker
Acts punishable thereof.
1. By delivering a minor to a public institution or other persons w/o consent of the one who
entrusted such minor to the care of the offender or, in the absence of that one, without the Section Three. — Threats and coercion
consent of the proper authorities

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ART. 282. GRAVE THREATS ART. 287. LIGHT COERCIONS
Acts Punishable Elements of par. 1
1. By threatening another with the infliction upon his person, honor or property that of his 1. That the offender must be a creditor.
family of any wrong amounting to a crime and demanding money or imposing any other 2. That he seizes anything belonging to his debtor.
condition, even though not unlawful and the offender (Note: threat is w/ condition) 3. That the seizure of the thing be accomplished by means of violence or a display of
Elements material force producing intimidation;
a. That the offender threatens another person with the infliction upon the latter’s 4. That the purpose of the offender is to apply the same to the payment of the debt.
person, honor or property, or upon that of the latter’s family, of any wrong. Elements of par. 2
b. That such wrong amounts to a crime. 1. any other coercion or unjust vexation (any human conduct w/c although not productive
c. That there is a demand for money or that any other condition is imposed, even of some physical or material harm would, however, unjustly annoy or vex an innocent
though not unlawful. person)
d. That the offender attains his purpose.
2. By making such threat w/o the offender attaining his purpose (Note: threat is w/condition) ART. 288. OTHER SIMILAR COERCIONS; (COMPULSORY PURCHASE OF MERCHANDISE
- Same elements as #1, but the purpose is not attained AND PAYMENT OF WAGES BY MEANS OF TOKENS.)
3. By threatening another with the infliction upon his person, honor or property or that of his Elements of no. 1
family of any wrong amounting to a crime, the threat not being subject to a condition 1. That the offender is any person, agent or officer of any association or corporation.
(Note: threat is w/o condition) 2. That he or such firm or corporation has employed laborers or employees.
Elements 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or
a. That the offender threatens another person with the infliction upon the latter’s compelled, any of his or its laborers or employees to purchase merchandise or
person, honor or property, or upon that of the latter’s family, of any wrong. commodities of any kind from his or from said firm or corporation.
b. That such wrong amounts to a crime. Elements of no. 2
c. That the threat is not subject to a condition 1. That the offender pays the wages due a laborer or employee employed by him by
Aggravating Circumstances means of tokens or objects.
1. if made in writing 2. That those tokens or objects are other than the legal tender currency to the Philippines.
2. made through a middleman 3. That such employee or laborer does not expressly request that he be paid by means of
tokens or objects.
ART. 283. LIGHT THREATS
Elements ART. 289. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF
1. That the offender makes a threat to commit a wrong. CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
2. That the wrong does not constitute a crime. Elements
3. That there is a demand for money or that other condition is imposed, even though not 1. That the offender employs violence or threats, in such a degree as to compel or force
unlawful the laborers or employers in the free and legal exercise of their industry or work
4. That the offender has attained his purpose or, that he has not attained his purpose 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike
of laborers or lockout of employees.
ART. 284. BOND FOR GOOD BEHAVIOR
The person making the threats in the preceding articles may also be required by the court to give bail
condition upon the promise not to molest the person threatened Chapter Three: DISCOVERY AND REVELATION OF SECRETS

ART. 285. OTHER LIGHT THREATS ART. 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
Acts Punishable Elements
1. Person shall threaten another w/ a weapon, or draw weapon in a quarrel unless in self- 1. That the offender is a private individual or even a public officer not in the exercise of his
defense. official function,
2. In the heat of anger, person orally threatens another with some harm constituting a crime, 2. That he seizes the papers or letters of another.
without persisting in the idea involved in the threat. Subsequent acts did not persist. 3. That the purpose is to discover the secrets of such another person.
3. Person orally threatens another with harm not constituting a felony. 4. That offender is informed of the contents or the papers or letters seized
Qualifying Circumstance
ART. 286. GRAVE COERCIONS 1. when the offender reveals the contents of such papers or letters to a 3 rd person
Elements When not applicable
1. That a person 1. parents, guardians, or persons entrusted w/ the custody of minors w/ respect to the
a. prevented another from doing something not prohibited by law papers or letters of the children or minors placed under their care or custody
b. compelled him to do something against his will, be it right or wrong 2. spouses w/ respect to the papers or letters of either of them
2. Violence, threats, or intimidation, either material force or such display of force as would
produce intimidation and control of the will ART. 291. REVEALING SECRETS WITH ABUSE OF OFFICE
3. Without authority of law Elements
1. That the offender is a manager, employee or servant.
Aggravating Circumstance 2. That he learns the secrets of his principal or master in such capacity.
1. violation of the exercise of the right of suffrage 3. That he reveals such secrets.
2. compelling another to perform a religious act
3. preventing another from exercising such right or from doing such act

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ART. 292. REVELATION OF INDUSTRIAL SECRETS 1. in an uninhabited place, or
Elements 2. by a band, or
1. That the offender is a person in charge, employee or workman of a manufacturing or 3. by attacking a moving train, street car, motor vehicle or airship, or
industrial establishment. 4. by entering the passenger’s compartments in a train, or in any manner taking the
2. That the manufacturing or industrial establishment has a secret of the industry which the passengers thereof by surprise in the respective conveyances, or
offender has learned. 5. on a street, road, highway or alley and the intimidation is made with the use of
3. That the offender reveals such secrets. firearms, the offender shall be punished by the max period of the proper penalties
4. That the prejudice is caused to the owner. prescribed in art 294

Title Ten: CRIMES AGAINST PROPERTY ART. 296. DEFINITION OF A BAND & PENALTY INCURRED BY THE MEMBERS
Liability for the acts of the other members of the band
1. he was a member of the band
Chapter One: ROBBERY IN GENERAL
2. he was present at the commission of a robbery by that band
3. other members of the band committed an assault
ART. 293. WHO ARE GUILTY OF ROBBERY 4. he did not attempt to prevent the assault
Elements of Robbery in General
1. That there be personal property belonging to another. ART. 297. ATTEMPTED & FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
2. That there is unlawful taking of that property. CIRCUMSTANCES
3. That the taking must be with intent to gain, and Same penalty, whether robbery is attempted or frustrated, as long as homicide is committed by
4. That there is violence against or intimidation of any person, or force upon anything. reason or on occasion thereof

Section One. — Robbery with violence or intimidation of persons. ART. 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
1. the offender has intent to defraud another.
ART. 294. ROBBERY W/ VIOLENCE AGAINST OR INTIMIDATION OF PERSONS 2. the offender compels him to sign, execute, or deliver any public instrument/document
Acts punished as robbery with violence against or intimidation of persons 3. the compulsion is by means of violence or intimidation.
1. homicide is committed or committed w/ rape or intentional mutilation or arson
2. SPI resulting in insanity, imbecility, impotency, or blindness is inflicted Section Two. — Robbery by the use of force upon things
3. SPI resulting in the loss of the use of speech, hear, smell, eye, hand, foot, arm, leg, use of
any such member, incapacitated for work habitually engaged in ART. 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE
4. Violence / intimidation shall have been carried to a degree clearly unnecessary for the DEVOTED TO WORSHIP.
crime or when in the cause of its execution Elements of Robbery w/ Force Upon Things under Subdivision (a)
5. SPI resulting to deformity, loss of any part of the body or the use thereof or shall have 1. That the offender entered
been ill or incapacitated for the performance of the work for > 90 days; > 30 days a. an inhabited house
b. public buildings, or
Simple Robbery - Any kind of robbery with less serious physical injuries or slight physical injuries c. edifice devoted to religious worship
2. That the entrance was effected by any of the following means:
Special Complex Crimes a. Through an opening not intended for entrance or egress.
1. robbery with homicide – if original design is robbery and homicide is committed – b. By breaking any wall, roof, or floor or breaking any door or window.
robbery with homicide even though homicide precedes the robbery by an appreciable time. c. By using false keys, picklocks or similar tools or.
If original design is not robbery but robbery was committed after homicide as an d. By using any fictitious name or pretending the exercise of public authority.
afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was an 3. That once inside the building, the offender took personal property belonging to another
innocent bystander and not the person robbed and if death supervened by mere accident. with intent to gain.
People v. Gapasin: the intent to rob may be before, may be after, since the wording as a by Elements of Robbery w/ Force Upon Things under Subdivision (b)
reason or occasion of. 1. That the offender is inside a dwelling house, public building, or edifice devoted to
2. robbery with rape – intent to commit robbery must precede rape. Prosecution of the religious worship, regardless of the circumstances under which he entered it
crime need not be by offended party – fiscal can sign the information. When rape and 2. That the offender takes personal property belonging to another with intent to gain,
homicide co-exist, rape should be considered as aggravating only and the crime is still under any of the following circumstances.
robbery with homicide a. by the breaking of doors, wardrobes, chests, or any other kind of locked or
3. robbery with arson – robbery must precede arson; there must be an intent to commit sealed furniture or receptacle, or
robbery and no killing, rape, or intentional mutilation should be committed in the course of b. by taking such furniture or objects away to be broken or forced open outside
the robbery, or else arson will only be considered as an aggravating circumstance the place of the robbery.
4. robbery with serious physical injuries – injuries inflicted must be serious, otherwise Mitigating Circumstances
they shall be absorbed in the robbery; the physical injuries must be inflicted in the course 1. offenders do not carry arms & the value of the property taken exceeds P250
of the execution of the robbery & that any of them was inflicted upon any person not 2. offenders are armed, but the value doesn’t exceed P250
responsible for the robbery 3. Offenders do not carry arms & the value doesn’t exceed P250
4. Committed in dependencies
ART. 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE &
BY A BAND, OR W/ THE USE OF FIREARM ON A STREET, ROAD OR ALLEY ART. 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
Qualifying circumstances in robbery with violence or intimidation of persons, if any of the Qualifying Circumstance - When committed by a band AND an uninhabited place
offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:

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ART. 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED ART. 307. AIDING AND ABETTING A BAND OF BRIGANDS
TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES Elements
Inhabited House 1. That there is a band of brigands.
1. Any shelter, ship or vessel 2. That the offender knows the band to be of brigands.
2. Constituting the dwelling of 1 or more persons 3. That the offender does any of the following acts:
3. Even though the inhabitants thereof shall temporarily be absent therefrom when the a. he in any manner aids, abets or protects such band if brigands, or
robbery is committed b. he gives them information of the movements of the police or other peace
Dependencies: all interior courts, corrals, warehouses, granaries or inclosed places officers of the government or
1. contiguous to the building c. He acquires or receives the property taken by such brigands.
2. having an interior entrance
3. forming part of the whole Chapter Three: THEFT
Public Building includes:
1. every building owned by the Government or ART. 308. WHO ARE LIABLE FOR THEFT
2. belonging to a private person not included, used or rented by the Government Elements
3. although temporarily unoccupied by the same 1. That there be taking of personal property.
2. That said property belongs to another.
ART. 302. ROBBERY IS AN UNINHABITED PLACE OR IN A PRIVATE BUILDING 3. That the taking be done with intent to gain.
Elements 4. That the taking be done without the consent of the owner.
1. That the offender entered an uninhabited place or a building which was not a dwelling 5. That the taking be accomplished without the use of violence against or intimidation of
house, not a public building, or not an edifice devoted to religious worship. persons or force upon things.
2. that any of the following circumstances was present: Persons liable:
a. Entrance was effected through an opening not intended for entrance or egress 1. Those who
b. A wall, roof, floor, or outside door or window was broken. a. w/ intent to gain
c. The entrance was effected through the use of false keys, picklocks or other b. but w/o violence against or intimidation of persons not force upon things
similar tools c. take
d. A door, wardrobe, chest, or any sealed or closed furniture or receptable was d. personal property
broken e. of another
e. A closed/sealed receptable was removed, even if the same be broken open f. w/o the latter’s consent
elsewhere 2. Those who
3. That w/ intent to gain the offender took therefrom personal property belonging to another. a. having found lost property
b. fail to deliver the same to local authorities or its owner
ART. 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR 3. Those who
PRIVATE BUILDING a. after having maliciously damages the property of another
Penalty is 1 degree lower b. remove or make use of the fruits or object of the damage caused by them
4. Those who hunt, fish, or gather fruits, etc. in enclosed estates
ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS a. There is a enclosed estate or a field where trespass is forbidden or w/c
Elements belongs to another
1. That the offender has in his possession picklocks or similar tools. b. The offender enters the same
2. That such picklocks or similar tools are specially adopted to the commission of robbery. c. The offender hunts or fishes upon the same or gathers fruits, cereals or other
3. That the offender does not have lawful cause for such possession. forest or farm products in the estate or field
d. The hunting/fishing or gathering of products is w/o the consent of the owner
ART. 305. FALSE KEYS
1. Tools not mentioned in the next preceding article ART. 309. PENALTIES
2. Genuine key stolen from owner. Basis of the Penalty for Theft
3. Any key other than those intended by owner for use in the lock forcibly opened by the 1. value of the thing stolen
offender 2. value and also the nature of the property taken
3. circumstances or causes that impelled the culprit to commit the crime

Chapter Two: BRIGANDAGE ART. 310. QUALIFIED THEFT

Qualifying Circumstances
ART. 306. WHO ARE BRIGANDS; PENALTY 1. Committed by domestic servant, or
Elements 2. With grave abuse of confidence, or
1. at least 4 armed persons 3. Property stolen is:
2. band of robbers a. motor vehicle
3. purpose is any of the ff: b. mail matter
a. robbery in the highway c. large cattle
b. kidnapping for extortion or ransom d. coconut from plantation
c. any other purpose to be obtained by means of force/violence 4. taken from from fishpond or fishery, or
5. On occasion of calamities, civil disturbance and vehicular accident

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Chapter Four: USURPATION
Elements of Estafa by Means of Deceit
ART 312. OCCUPATION OF REAL PROPERTY/USURPATION OF REAL RIGHTS IN PROPERTY 1. there must be a false pretense, fraudulent means must be made or executed prior to or
Elements 2. That such false pretense, fraudulent act or fraudulent means must be made or executed
1. The offender takes possession of any real property or usurps any real rights in property. prior to or simultaneously with the commission of the fraud.
2. The real property or real rights belong to another. 3. That the offended party must have relied on the false pretense, fraudulent act, or
3. Violence against or intimidation of persons is used by the offender in occupying real fraudulent means, that is, he was induced to part with his money or property because
property or usurpation real rights in property. of the false pretense, fraudulent act, or fraudulent means.
4. There is intent to gain. 4. That as a result thereof, the offended party suffered damage.

ART. 313. ALTERING BOUNDARIES OR LANDMARKS 3 Ways to Commit Estafa by False Pretenses
Elements 1. Using fictitious name
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other 2. falsely pretending to possess
marks intended to designate the boundaries of the same. a. power
2. That the offender alters said boundary marks. b. influence
c. qualifications
d. property
Chapter Five: CULPABLE INSOLVENCY
e. credit
f. agency
ART. 314. FRAUDULENT INSOLVENCY g. business or imaginary transaction
Elements 3. other similar deceits
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property. Elements of Estafa by Postdating/Issuing a Check in Payment of an Obligation
3. Prejudice to his creditors. 1. That the offender postdated a check, or issued a check in payment of an obligation.
2. That such postdatig or issuing a check was done when the offender had no funds in the
Chapter Six: SWINDLING AND OTHER DECEITS bank or his funds deposited therein were not sufficient to cover the amount of the
check.
ART. 315. SWINDLING (ESTAFA)
Damage or Prejudice may consist in: Ways to Commit Estafa by Obtaining Food or Credit at Hotels, Inns, Restaurants
1. The offender party being deprived of his money or property, as a result of the defraudation. 1. by obtaining food, refreshment or accomodation at a hotel, inn, restaurant, boarding
2. Disturbance in property right or house, lodgin or apartment house w/o paying therefor, w/ intent to defraud the
3. Temporary prejudice. proprietor or manager thereof
2. by obtaining credit at any of said establishements by the use of any false pretense
Elements of Estafa in General 2. by abandoning or surreptitiously removing any part of his baggae from any of the said
1. That the accused defrauded another establishemnts after obtaining credit, food, refreshment or accomodation there w/o
a. by abuse of confidence, or paying therefor
b. or means of deceit
2. damage/prejudice capable of pecuniary estimation is caused to offended party or 3rd person Elements of Estafa by Inducing another to Sign any Document
1. That the offender induced the offended party to sign a document.
Elements of Estafa w/ Unfaithfulness 2. That deceit be employed to make him sign the document.
1. That the offender has an onerous obligation to deliver something of value. 3. That the offended party personally signed the document.
2. That he alters its substance, quantity, or quality. 4. That prejudice be caused.
3. That damage or prejudice is caused to another.
Elements of Estafa by Removing, Concealing or Destroying Documents
Elements of Estafa w/ Abuse of Confidence 1. That there be court records, office files, documents or any other papers.
1. That money, goods, or other personal property be received by the offender in trust, or on 2. That the offender removed, concealed or destroyed any of them.
commission, or for administration, or under any other obligation involving the duty to make 3. That the offender had intent to defraud another.
delivery of or to return, the same.
2. That there be misappropriation or conversion of such money or property by the offender, or ART. 316. OTHER FORMS OF SWINDLING
dental on his part of such receipt. Elements of Swindling by Conveying, Selling, Encumbering, or Mortgaging any Real
3. that such misappropriation or conversion or dental is to the prejudice of another and Property , Pretending to be the Owner of the Same
4. That there is a demand made by the offended party to the offender. 1. That the thing be immovable, such as a parcel of land or a building.
2. The offender who is not the owner of said property represented that he is the owner
Elements of Estafa by Taking Undue Advantage of the Signature in Blank thereof
1. That the paper with the signature of the offended party be in blank. 3. That the offender should have executed an act of ownership (selling, leasing,
2. That the offended party should have delivered it to offender. encumbering or mortgaging the real property).
3. That above the signature of the offended party a document is written by the offender 4. That the act be made to the prejudice of the owner or a third person.
without authority to do so.
4. That the document so written creates a liability of, or causes damage to, the offended party
or any third person.

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Elements of Swinding by Disposing of Real Property as Free from Encumbrance, Although Elements of Knowingly Removing Mortgaged Personal Property
Such Encumbrance Be Not Recorded 1. that personal property is mortgaged under the chattel mortage law.
1. that the thing disposed of be real property. 2. That the offender knows that such property is so mortaged.
2. That the offender knew that the real property was encumbered, whether the encumbrance 3. That he removes such mortgaged personal to any province or city other than the one in
is recorded or not. which it was located at the time
3. That there must be express representation by the offender that the real property is free 4. of the execution of the mortgage.
from encumbrance. 5. that the removal is permanent.
4. That the act of disposing of the real property be made to the damage of another. 6. That there is no written consent of the mortgagee or his executors, administration or
assigns to such removal.
Elements of Swindling By Wrongfully Taking by the Owner His Personal From Its Lawful
Possessor Chapter Nine: MALICIOUS MISCHIEF
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another. ART. 327. MALICIOUS MISCHIEF
3. That the offender wrongfully takes it from its lawful possessor. Elements
4. That prejudice is thereby caused to the possessor or third person. 1. the offender deliberately caused damage to the property of another
2. such act does not constitute arson or other crimes involving destruction
Elements of Swindling by Selling, Mortgaging, or Encumbering Real Property or Properties 3. the act damaging another’s property be committed merely for the sake of damaging it
w/ w/c the Offender Guaranteed the Fulfillment of His Obligation as Surety
1. That the offender is a surety in a bond given in a criminal or civil action. ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF
2. That he guaranteed the fulfillment of such obligation with his real property or properties. Qualified Malicious Mischief
3. That he sels, mortgages, or, in any other manner encumbers said real property. 1. Obstruct performance of public functions.
4. That such sale, mortage or encumbrance is 2. Using poisonous or conosive substances.
a. without express authority from the court, or 3. Spreading infection or contagious among cattle.
b. made before the cancellation of his bond, or 4. Damage to property of national museum or library, archive, registry, waterworks, road,
c. before being relieved from the obligation contracted by him promenade, or any other thing ised in common by the public.

Other forms of Swindling: ART. 329. OTHER MISCHIEFS

1. any person who, to the prejudice of another, shall execute any fictitious contract 1. scatter human excrement
2. any person who shall accept any compensation for services not rendered or for labor not 2. killing of cow as an act of revenge
performed
ART. 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
ART. 317. SWINDLING A MINOR How Committed: Damaging
Elements 1. Railways
1. That the offender takes advantage of the inexperience or emotions or feelings of a minor. 2. Telegraph
2. That he induces such minor 3. Telephone lines
a. to assume an obligation, or 4. Electric wires
b. to give release, or 5. Traction cables
c. to execute a transfer of any property right. 6. Signal system of railways
3. That the consideration is Qualifying Circumstance: damage results in the derailment of cars, collision or other accident
a. some loan of money
b. credit or ART. 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS.
c. other personal property Persons Liable
4. That the transaction is to the detriment of such minor. 1. Any person who shall destroy or damage statutes or any other useful or ornamental
public monuments
ART. 318. OTHER DECEITS 2. Any person who shall destroy or damage any useful or ornamental painting of a public
Other Deceits Are nature
1. By defrauding or damaging another by any other deceit not mentioned above;
2. By interpreting dreams, by making forecasts telling fortunes, by taking advantage of the
Chapter Ten: EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
credulity of the public in any other manner, for profit or gain.

ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY

Chapter Seven: CHATTEL MORTGAGE
Offenses Involved
1. Theft
ART. 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY. 2. Swindling
Elements of Selling/Pledging Personal Property Already Pledged 3. Malicious mischief
1. That personal property is already pledged under the terms of the chattel mortgage law. Persons Exempt
2. That the offender, who is the mortgagee of such property, sells or pledges the same or any 1. Spouse, ascendants and descendants or relatives by affinity in the same line
part thereof. 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse
3. That there is no consent of the mortgagee written on the back of the mortgage and noted before the same passed into the possession of another
on the record thereof in the office of the register of deeds. 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together

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Title Eleven: CRIMES AGAINST CHASTITY Persons Liable
1. Those who abuse their authority
a. Persons in public authority
Chapter One: ADULTERY AND CONCUBINAGE
b. Guardian
c. Teacher
ART. 333. WHO ARE GUILTY OF ADULTERY 2. Person who is entrusted w/ the education/custody of the woman seduced
Elements a. those who abuse the confidence reposed in them
1. the woman is married (even if marriage subsequently declared void) b. priest
2. she has sexual intercourse with a man not her husband. c. house servant
3. as regards the man w/ whom she has sexual intercourses, he must know her to be d. domestic (person living in the same house)
married. 3. those who abused their relationships
Persons Liable a. brother who seduced his sister
1. the married woman who engages in sexual intercourse w/ a man not her husband b. ascendant who seduced his descendant
2. the man who, knowing of the marriage of the woman, has sexual intercourse w/ her
Mitigating Circumstance – abandonment w/o justifiable cause ART. 338. SIMPLE SEDUCTION
Elements
ART. 334. CONCUBINAGE 1. That the offender party is over 12 and under 18 years of age.
Elements 2. That she must be of good reputation, single or widow.
1. That the man must be married. 3. That the offender has sexual intercourse with her.
2. That he committed any of the following acts: 4. That it is committed by means of deceit.
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances with a woman who is ART. 339. ACTS OF LASCIVIOUSNESS W/ THE CONSENT OF THE OFFENDED PARTY
not his wife. Elements
c. Cohabiting with her in any other place. 1. Offender commits acts of lasciviousness or lewdness
3. That as regards the woman she must know him to be married. 2. The acts are committed upon a woman who is a virign or single or a widow of good
Persons Liable reputation, under 18 years of age but over 12, or sister or descendant regardless of age
1. The married man or reputation
2. The woman who knew that the man was married 3. offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit

ART. 340. CORRUPTION OF MINORS

Chapter Two: RAPE AND ACTS OF LASCIVIOUSNESS Act punishable - By promoting or facilitating the prostitution or corruption of persons underage
to satisfy the lust of another
ART. 336. ACTS OF LASCIVIOUSNESS.
Elements ART. 341. WHITE SLAVE TRADE
1. That the offender commits any act of lasciviousness or lewdness. Acts Punishable
2. The offended party is another person of either sex. 1. Engaging in the business of prostitution
3. That it is done under any of the following circumstances: 2. Profiting by prostitution
a. by using force or intimidation, or 3. Enlisting the servicxe of women for the purpose of prostitution
b. when the offended party is deprived of reason or otherwise unconscious, or
c. when the offended party is under 12 years of age Chapter Four: ABDUCTION
d. by means of fraudulent machinations or grave abuse of authority
ART. 342. FORCIBLE ABDUCTION
Elements
Chapter Three: SEDUCTION, CORRUPTION OF MINORS & WHITE SLAVE TRADE 1. That the person abducted is any woman, regardless of her age/civil status/reputation
2. That the abduction is against her will.
ART. 337. QUALIFIED SEDUCTION 3. That the abduction is with lewd designs.
2 Classes of Qualified Seduction
1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a When Age & Reputation Is Not Necessary
person in authority, priest, teachers etc and 1. Rape
2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age 2. Acts of Lasciviousness
or reputation (incestuous seduction) 3. Qualified Seduction of Sister/Descendant
Elements of Qualified Seduction of A Virgin 4. Forcible Abduction
1. That the offended party is a virgin, which is (presumed if she unmarried & of good
reputation) ART. 343. CONSENTED ABDUCTION
2. That she must be over 12 and under 18 years of age. Elements
3. That the offender has sexual intercourse with her. 1. That the offended party must be a virgin.
4. That there is abuse of authority, confidence or relationship on the part of the offender ( 2. That she must be over 12 and under 18 years of age.
person entrusted with education or custody of victim; person in public authority, priest; 3. That the taking away of the offended party must be with her consent, after solicitation
servant) or cajolery from the offender.
4. That the taking away of the offended party must be with lewd designs.

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Chapter Five: PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE 11 How Committed - Committed by a person who assumes the filiation, or the parental or conjugal
rights of another, w/ intent to enjoy the rights arising from the civil status of the latter
ART. 344. PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, Qualifying Circumstance - When the purpose of the impersonation is to defraud the offended
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS party or his heirs
Elements
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended Chapter Two: ILLEGAL MARRIAGES
spouse (and in the absence of an express/implied pardon)
2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed ART. 349. BIGAMY
by (and in the absence of an express pardon): Elements
a. offended party 1. That the offender has been legally married.
i. even if a minor 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent,
ii. if of legal age & not incapacitated, only she can file compliant the absent spouse could not yet be presumed dead according to the civil code.
iii. if a minor or incapacitated, & refuses to file either of the ff may file: 3. That he contracts a second or subsequent marriage.
b. either of her parents 4. That the second or subsequent marriage has all the essential requisites for validity.
c. either of the grandparents, whether paternal or maternal
d. legal or judicial guardians ART. 350. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS
e. the State, as parens patriae, when the offended party dies or becomes Elements
incapacitated before she could file the complaint & she has no known parents, 1. That the offender contracted marriage.
grandparents, or guardians 2. That he knew at the time that
a. the requirement of the law were not complied with, or
ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY b. The marriage was in disregard of a legal impediment.
Persons Guilty of Rape, Seduction, Abduction shall also be sentenced Qualifying Circumstance - If either of the contracting parties obtains the consent of the other
1. To idemnify the offended women by means of violence, intimidation or fraud
2. To acknowledge the offspring, unless the law should prevent him from doing so
3. In every case to support the offspring ART. 351. PREMATURE MARRIAGES
Persons Liable
ART. 346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS 1. A widow who within 301 days from death of husband, got married or before her
ENTRUSTED WITH THE CUSTODY OF THE OFFENDED PARTY delivery, if she was pregnant at the time of his death
Accomplices who shall be punished as principals in rape/seduction/abduction 2. A woman whose marriage having been dissolved or annulled, married before her
1. ascendants delivery or w/in 301 days after the legal separation
2. guardians When the Woman Will Not Be Liable
3. curators 1. She has already delivered, or
4. teachers 2. She has conclusive proof that she was not pregnant by her 1 st spouse since he was
5. any other person who cooperates as accomplice w/ abuse of authority or confidential permanently sterile
relationship
ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY
Title Twelve: CRIMES AGAINST THE CIVIL STATUS OF PERSONS Act Punishable - Performance/Authorization by a priest/minister of any religious denomination
or sect by civil authorities of any illegal marriage/ceremony
Chapter one: SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
Title Thirteen: CRIMES AGAINST HONOR
ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER AND
CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD Chapter One: LIBEL
Acts Punishable Section One. — Definitions, forms, and punishment of this crime.
1. Simulation of births
Elements ART. 353. DEFINITION OF LIBEL
a. Child is baptized or registered in the Registry of birth as hers Elements
b. Child loses its real status and acquiires a new one 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary,
c. Offender’s purpose was to cause the loss of any trace as to the child’s true or any act, omission, condition, status, or circumstances.
filiation 2. That the imputation must be made publicly.
2. Substitution of one child for another 3. That it must be malicious.
3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its 4. That the imputation must be directed at a natural/juridical person, or one who is dead.
civil status 5. That the imputation must tend to cause the dishonor, discredit or contempt of the
Elements person defamed.
a. The child must be legitimate Criteria to Determine Whether Statements are Defamatory
b. The offender conceals or abandons such child 1. Words are calculated to induce the hearers to suppose & understand that the person
c. The offender has the intent to cause the child to lose its civil status against whom they are uttered were guilty of certain offenses, or are sufficient to
impeach their honesty, virtue or reputation, or to hold the person to public ridicule
Art. 348. Usurpation of civil status 2. words are construed not only as to the expression used but also w/ respect to the
whole scope and apparent object of the writer

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ART. 354. REQUIREMENT FOR PUBLICITY ART. 359. SLANDER BY DEED
Kinds of Privileged Communication Elements
1. Absolutely privileged – not actionable even if the actor has acted in bad faith 1. That the offender performs any act not included in any other crime against honor.
2. Qualifiedly privileged – those which although containing defamatory imputations could not 2. That such act is performed in the presence of other person or persons.
be actionable unless made with malice or bad faith 3. That such act casts dishonor, discredit or contempt upon the offended party.
General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good Venue of Criminal & Civil Action for Damages in cases of Written Defamation
intention and justifiable motive for making it is shown 1. where the libellous article is printed & 1st published
Exceptions: 2. where any of the offended parties actually resides at the time of the commission of the
1. private communication in performance of legal, moral or social duty offense
Requisites 3. where one of the offended parties is a public officer
a. that the person who made the communication had a legal, moral or social duty to 4. where one of the offended parties is a private individual, w/ the RTC of the
make the communication or at least he had an interest to be upheld province/city where he actually resides at the time of the crime or where the articles
b. that the communication is addressed to an officer or a board, or superior, having was printed or 1st published
some interest or duty on the matter
c. that the statements in the communication are made in good faith w/o malice in Section Two. — General provisions
fact
2. fair and true report, made in good faith, without any comments and remarks ART. 360. PERSONS RESPONSIBLE
Requisites Persons Liable
a. that the publication of a report of an official proceeding is a fair and true report 1. The person who publishes, exhibits, or causes the publication or exhibition of any
of a judicial, legislative, or other official proceedings which are not of confidential defamation in writing or similar means
nature, or of a statement, report, or speech delivered in said proceedings, or of 2. the author/editor of a book/pamphlet
any other act performed by a public officer 3. the editor or business manage of a daily newspaper magazine or serial publication
b. that it is made in good faith 4. the owner of the printing plant w/c publishes a libellous article w/ his consent & all
c. that it is made without any comments or remarks other persons, who in any way participate in or have connection w/ its publication

ART. 355. LIBEL MEANS BY WRITINGS OR SIMILAR MEANS ART. 361. PROOF OF THE TRUTH
Ways to Commit Libel Proof of Truth is Admissible When
1. writing 1. the act/omission imputed constitutes a crime regardless of whether the offended party
2. printing is a private individual or public officer, or
3. lithography 2. the offended party is a government employee, even if the at/omission imputed doesn’t
4. engraving constitute a crime, provided it is related to the discharge of his official duties
5. radio Requisites for Acquittal from Libel Charge
6. phonograph 1. it appears that the matter charged as libellous is true
7. painting 2. it was published with good motives
8. theatrical/cinematographic exhibitions 3. it was published for a justifiable end

ART. 356. THREATENING TO PUBLISH AND OFFER TO PRESENT SUCH PUBLICATION FOR A ART. 362. LIBELOUS REMARKS - Libelous remarks/comments on privileged matters, if made
COMPENSATION w/ malice in fact, will not exempt the author/editor
Acts Punishable
1. by threatening another to publish a libel concerning him, or his parents, spouse, child, or
Chapter Two: INCRIMINATORY MACHINATIONS
other members of his family
2. by offering to prevent the publication of such libel for compensation, or money or
consideration ART. 363. INCRIMINATING INNOCENT PERSON
Elements
ART. 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL 1. That the offender performs an act.
PROCEEDINGS 2. That by such act he directly incriminates or imputes to an innocent person the
Elements commission of a crime.
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine. 3. That such act does not constitute perjury.
2. That he publishes facts connected with the private life of another. 2 Kinds of Incriminating an Innocent Party
3. That such facts are offensive to the honor, virtue and reputation of said person. 1. making a statement which constitutes defamation or perjury
2. Planting Evidence
ART. 358. SLANDER/ORAL DEFATMATION
2 Kinds of Oral Defamation ART. 364. INTRIGUING AGAINST HONOR
1. Grave Slander: defamation of a serious and insulting nature How Committed
2. Simple Slander: light insult or defamation – not serious in nature 1. designing a scheme or plot to blemish the reputation of another by means of w/c
Factors that Determine Gravity of the Offense consist of some trickery
1. expression used 2. any person who shall make an intrigue w/c has for its principal purpose to blemish the
2. personal relations of the accused and the offended party honor or reputation of another person
3. circumstances surrounding the case 3. saying to others an unattributable thing, that if it is said to the person himself, slander
4. social standing and position of the victim is committed

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Title Fourteen: QUASI-OFFENSES

Sole Chapter: CRIMINAL NEGLIGENCE

ART. 365. IMPRUDENCE AND NEGLIGENCE

Ways to Commit Quasi Offenses
1. by committing through reckless imprudence any act w/c, had it been intentional, would
constitute a grave or less grave felony or light felony
2. by committing through simple imprudence or negligence an act w/c would otherwise
constitute a grave or less serious felony
3. by causing damage to the property of another through reckless imprudence or simple
imprudence or negligence
4. by causing through simple imprudence or negligence some wrong w/c, if done maliciously,
would have constituted a light felony
Elements of Reckless Imprudence
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the offender, taking into
consideration
a. his employment or occupation
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and place.
Elements of Simple Imprudence
1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or the danger is not clearly
manifest.
Qualifying Circumstance: failing to lend help
Exception: the driver can leave his vehicle w/o aiding the victims if:
1. He is in imminent danger of being harmed
2. He wants to report to the nearest officer of the law
3. He desires to summon a physician or a nurse for medical assistance to the injured

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