RPC BOOKII:ELEMENTS

Title One N.B. Intent to overthrow the government; intent to 2. That he has knowledge of any conspiracy (to
betray. commit treason) against the Government;
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS Art. 115. Conspiracy and proposal to commit treason 3. That he conceals or does not disclose and make
known the same as soon as possible to the
Chapter One Elements of conspiracy to commit treason: governor or fiscal of the province or the mayor
or fiscal of the city in which he resides.
CRIMES AGAINST NATIONAL SECURITY 1. Committed when in time of war;
Art. 117. Espionage
Section One. – Treason and espionage 2. Two or more persons come to an agreement to
levy against the Government or to adhere to Elements of “by entering, without authority, a
Art. 114. Treason the enemies and to give them aid and comfort; warship, fort, or naval or military establishment or
reservation to obtain any information, plans,
Elements: 3. And decided to commit it. photographs or other data of a confidential nature
relative to the defense of the Philippines:
1. That the offender is a Filipino citizen or an alien Elements of proposal to commit treason:
residing in the Philippines; 1. That the offender enters any of the places
1. Committed when in time of war; mentioned therein;
2. That there is a war in which the Philippines is
involved; 2. A person has decided to levy war against the 2. That he has no authority therefor;
Government or to adhere to the enemies and
3. That the offender either – to give them aid or comfort; 3. That his purpose is to obtain information,
plans, photographs or other data of a
a. levies war against the Government, or 3. Proposes its execution to some other person confidential nature relative to the defense of
or persons the Philippines.
b. adheres to the enemies, giving them aid or
comfort Art. 116. Misprision of treason Elements of “by disclosing to the representative of a
foreign nation the contents of the articles, data or
N.B. Levying war requires (1) that there is an actual Elements: information referred to in paragraph No. 1 of the Art.
assembling of men (2) for the purpose of executing a 117, which he had in his possession by reason of the
treasonable design by force. 1. That the offender must be owing allegiance to public he holds:
the Government and not a foreigner;
1. That the offender is a public officer;

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2. That he has in his possession the articles, data 2. That there is a regulation issued by competent 2. That the offender must be owing allegiance to
or information referred to in paragraph No. 1 of authority for the purpose of enforcing the Government;
the Art. 117, by reason of the public office he neutrality;
holds; 3. That the offender attempts to flee or go to
3. That the offender violates such regulation. enemy country;
3. That he discloses their contents to a
representative of a foreign nation. Art. 120. Correspondence with hostile country 4. That going to enemy country is prohibited by
competent authority.
CRIMES AGAINST THE LAW OF NATIONS Elements:
Section Three. – Piracy and mutiny on the high seas
Section Two. – Provoking war and disloyalty in case 1. That it is in time of war in which the Philippines in the Philippines waters
of war is involved;
Art. 122. Piracy
Art. 118. Inciting to war or giving motives for 2. That the offender makes correspondence with
reprisals. an enemy country or territory occupied by Elements:
enemy troops;
Elements: 1. That a vessel is on the high seas or in the
3. That the correspondence is either – Philippine waters;
1. That the offender performs unlawful or
unauthorized acts; a. prohibited by the Government, or 2. That the offenders are not members of its
complement or passengers of the vessel;
2. That such act provokes or gives occasion for a b. carried on in ciphers or conventional signs,
war involving or liable to involve the or 3. That the offenders (a) attack or seize that
Philippines or expose Filipino citizens to vessel, or (b) seize the whole or part of the
reprisals on their persons or property. c. containing notice or information which cargo of said vessel, its equipment or personal
might be useful to the enemy. belongings of its complement or passengers.
Art. 119. Violation of neutrality
Art. 121. Flight to enemy’s country N.B.: Same with Mutiny, but usually committed by the
Elements: members of the complement and may be committed
Elements: by the passengers of the vessel.
1. That there is a war in which the Philippines is
not involved; 1. That there is a war in which the Philippines is
involved;

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Art. 123. Qualified piracy 2. That he detains a person; b. eighteen hours, for crimes or offenses
punishable by correctional penalties, or
Circumstances that will aggravate piracy: 3. That the detention is without legal grounds. their equivalent; or

1. Whenever they have seized a vessel by N.B.: #1 – vested with authority to detain or order the c. thirty-six hours, for crimes or offenses
boarding or firing upon the same; detention of persons accused of a crime. punishable by afflictive or capital
penalties, or their equivalent.
2. Whenever the pirates have abandoned their N.B.: #3 – (a) when he has not committed any crime,
victims without means of saving themselves; or at least, there is no reasonable ground for Art. 126. Delaying release
or suspicion that he has committed a crime; (b) when he
is not suffering from violent insanity or any other Three acts punishable under this Art.
3. Whenever the crime is accompanied by ailment requiring compulsory confinement in a
murder, homicide, physical injuries, or rape. hospital. 1. By delaying the performance of a judicial or
executive order for the release of a prisoner;
N.B.: #2 does not include mutineers; Art. 125. Delay in the delivery of detained person to
the proper authorities 2. By unduly delaying the service of the notice of
N.B.: #3 is a special complex crime, but Art. 48 is not such order to said prisoner;
applicable because Art. 123 already provides for the Elements:
penalty. 3. By unduly delaying the proceedings upon any
1. That the offender is a public officer or petition for the liberation of such person.
Title Two employee;
Elements:
CRIMES AGAINST THE FUNDAMENTAL LAWS OF 2. That he has detained a person for some legal
THE STATE ground; 1. That the offender is a public officer or
employee;
Section One. – Arbitrary detention and expulsion 3. That he fails to deliver such person to the
proper judicial authorities within: 2. That there is a judicial or executive order for
Art. 124. Arbitrary detention the release of a prisoner or detention prisoner,
a. twelve hours, for crimes or offenses or that there is a proceeding upon a petition for
Elements: punishable by light penalties, or their the liberation of such person;
equivalent; or
1. That the offender is a public officer or 3. That the offender, without good reason,
employee; delays: (a) the service of the notice of such

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order to the prisoner; or (b) the performance 2. By searching papers or other effects found 2. By exceeding his authority or by using
of such judicial or executive order for the therein without the previous consent of such unnecessary severity in executing a search
release of the prisoner, or (c) the proceedings owner; or warrant legally procured.
upon a petition for the release of such person.
3. By refusing to leave the premises, after having Elements of procuring a search warrant without just
Art. 127. Expulsion surreptitiously entered said dwelling and after cause:
having been required to leave the same.
Two acts punishable under this Art. 1. That the offender is a public officer or
Elements common to three acts: employee;
1. By expelling a person from the Philippines.
1. That the offender is a public officer or 2. That he procures a search warrant;
2. By compelling a person to change his employee;
residence. 3. That there is no just cause.
2. That he is not authorized by judicial order to
Elements: enter the dwelling and/or to make a search Elements of exceeding authority or using
therein for papers or other effects. unnecessary severity in executing a search warrant
1. That the offender is a public officer or legally procured:
employee; Circumstances qualifying the offense:
1. That the offender is a public officer or
2. That he expels any person from the Philippines, 1. If the offense is committed at nighttime; or employee;
or compels a person to change his residence;
2. If any person or effects not constituting 2. That he has legally procured a search warrant;
3. That the offender is not authorized to do so by evidence of a crime are not returned
law. immediately after the search made by the 3. That he exceeds his authority or uses
offender. unnecessary severity in executing the same.
Section Two. – Violation of domicile
Art. 129. Search warrant maliciously obtained, and Art. 130. Searching domicile without witnesses
Art. 128. Violation of domicile abuse in the service of those legally obtained
Elements:
Three acts punishable under this Art. Acts punishable in connection with search warrants.
1. That the offender is a public officer or
1. By entering any dwelling against the will of the 1. By procuring a search warrant without just employee;
owner thereof; or cause;

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2. That he is armed with search warrant legally 1. That the offender is a public officer or Title Three
procured; employee; and
CRIMES AGAINST PUBLIC ORDER
3. That he searches the domicile, papers or other 2. That he performs any of the acts mentioned
belongings of any person; above. Chapter One

4. That the owner, or any of the member of his Section Four. – Crimes against religious worship REBELLION, COUP D’ETAT, SEDITION, AND
family, or two witnesses residing in the same DISLOYALTY
locality are not present. Art. 132. Interruption of religious worship
Art. 134. Rebellion or insurrection
Section Three. - Prohibition, interruption, and Elements:
dissolution of peaceful meetings Elements:
1. That the offender is a public officer or
Art. 131. Prohibition, interruption, and dissolution of employee; 1. That there be (a) public uprising, and (b) taking
peaceful meetings arms against the Government;
2. That religious ceremonies or manifestations of
What are the acts punished in connection with any religion are about to take place or are 2. That the purpose of the uprising or movement is
peaceful meetings, associations, and petitions? going on; and either –

1. By prohibiting or by interrupting, without legal 3. That the offender prevents or disturbs the a. to remove from the allegiance to said
ground, the holding of a peaceful meeting, or same. Government or its laws:
by dissolving the same.
Art. 133. Offending the religious feelings i. the territory of the Philippines or any
2. By hindering any person from joining any part thereof; or
lawful association or from attending any of its Elements:
meetings. ii. any body of land, naval or other armed
1. That the acts complained of were performed forces; or
3. By prohibiting or hindering any person from (a) in a place devoted to religious worship, or
addressing, either alone or together with (b) during the celebration of any religious b. to deprive the Chief Executive or Congress,
others, any petition to the authorities for the ceremony; wholly or partially, of any of their powers or
correction of abuses or redress of grievances. prerogatives.
2. That the acts must be notoriously offensive to
Elements common to the three acts punishable: the feelings of the faithful.

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Republic Act No. 9372 f. PD No. 1866, as amended (Decree Art. 135. Penalty for rebellion, insurrection or coup
Human Security Act of 2007 Codifying the Laws on Illegal and Unlawful d’etat
Possession, manufacture, Dealing in,
Acts punishable s terrorism: Acquisition or Disposition of Firearms, Who are liable for rebellion, insurrection and/or
Ammunition or Explosives) coup d’etat?
1. Art. 122 – Piracy in general and Mutiny in the
High Seas or in the Philippine Waters; Art. 134-A. Coup d’etat A. The leaders –

2. Art. 134 – Rebellion of Insurrection Elements: i. Any person who (a) promotes, (b)
maintains, or (c) heads a rebellion or
3. Art. 134-A – Coup d’etat 1. That the offender is a person or persons insurrection; or
belonging to the military or police holding any
4. Art. 248 – Murder public office or employment; ii. Any person who (a) leads, (b) directs, or
(c) commands others to undertake a coup
5. Art. 267 – Kidnapping and Serious Illegal 2. That it is committed by means of a swift attack d’etat.
Detention accompanied by violence, intimidation, threat,
strategy or stealth; B. The participants –
6. Art. 324 – Crimes Involving Destruction, or
under: 3. That the attack is directed against duly i. Any persons who (a) participates, or (b)
constituted authorities of the Republic of the executes the commands of others in
a. PD No. 1613 – The Law on Arson; Philippines, or any military cam or installation, rebellion, or insurrection;
communication networks, public utilities or
b. RA No. 6969 – Toxic Substances and other facilities needed for the exercise and ii. Any person in the government service who
Hazardous and Nuclear Waste Control Act continued possession of power; (a) participates, or (b) executes direction
of 1990; or commands of others in undertaking a
4. That the purpose of the attack is to seize or coup d’etat;
c. RA No. 5207 – Atomic Energy Regulatory diminish state power.
and Liability Act of 1968; iii. Any person not in the government serice
N.B.: Public uprising is not necessary who (a) participates, (b) supports, (c)
d. RA No. 6235 – Anti-Hijacking Law; finances, (d) abets, or (e) aids in
N.B.: A civilian may be held liable for coup d’etat when undertaking a coup d’etat.
e. PD No. 532 – Anti-Piracy and Anti-Highway the person supports the commission of the crime.
Robbery Law of 1974; and

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Art. 136. Conspiracy and proposal to commit coup Art. 138. Inciting to rebellion or insurrection any public officer thereof from freely
d’etat, rebellion or insurrection exercising its or his functions, or prevent
Elements: the execution of any administrative order;
Two crimes are defined and penalized in this article, 1. That the offender does not take arms or is not
namely: open hostility against the Government; c. To inflict any act of hate or revenge upon
the person or property of any public
1. There is conspiracy to commit rebellion when 2. That he incites others to the execution of any officer or employee;
two or more persons come to an agreement to of the acts of rebellion;
sire public and take arms against the d. To commit, for any political or social end,
Government for any of the purposes of 3. That the inciting is done by means of speeches, any act of hate or revenge against private
rebellion and decided to commit it. proclamations, writings, emblems, banners or persons or any social class; and
other representations tending to the same
2. There is proposal to commit rebellion when the end. e. To despoil, for any political or social end,
person who has decided to rise publicly and any person, municipality or province, or
take arms against the Government for any of Art. 139. Sedition the National Government of all its
the purposes of rebellion proposes its property or any part thereof.
execution to some other person or persons. Elements:
Art. 140. Penalty for sedition
Art. 137. Disloyalty of public officers or employee 1. That the offender rise (a) publicly, and (b)
tumultuously; The persons liable for sedition are:
Acts of disloyalty which are punished:
2. That they employ force, intimidation, or other 1. The leader of the sedition, and
1. By failing to resist a rebellion by all the means means outside of legal methods;
in their power; or 2. Other persons participating in the sedition
3. That the offenders employ any of those means
2. By continuing to discharge the duties of their to attain any of the following objects: Art. 141. Conspiracy to commit sedition
offices under the control of the rebels; or
a. To prevent the promulgation or execution Art. 142. Inciting to sedition
3. By accepting appointing to office under them. of any law or the holding of any popular
election; Different acts of inciting to sedition:

b. To prevent the National Government, or 1. Inciting other to the accomplishment of any of

any provincial or municipal government, or the acts which constitute sedition by means of
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speeches, proclamation, writings, emblems, 2. They tend to instigate others to cabal and meet N.B.: Prevents the meeting not the person who will
etc. together for unlawful purposes; or attend.

2. Uttering seditious words or speeches which 3. They suggest or incite rebellious conspiracies Art. 144. Disturbance of proceedings
tend to disturb the public peace. or riots; or
Elements:
3. Writing, publishing, or circulating scurrilous 4. They lead or tend to stir up the people against
libels against the Government or any of the the lawful authorities or to disturb the peace of 1. That there be a meeting of the National
duly constituted authorities thereof, which the community, the safety and other of the Assembly or any of its committees or
tend to disturb the public peace. Government. subcommittees, constitutional commissions or
committees or divisions thereof, or of any
Elements of inciting to sedition to accomplish any of Chapter Two provincial board or city or municipal council or
its objects: board;
CRIMES AGAINST POPULAR REPRESENTATION
1. That the offender does not take direct part in 2. That the offender does any of the following
the crime of sedition; Section One. – Crimes against legislative bodies and acts:
similar bodies
2. That he incites others to the accomplishment a. He disturbs any of such meetings;
of any of the acts which constitute sedition; Art. 143. Acts tending to prevent the meeting of the
Assembly and similar bodies b. He behaves while in the presence of any
3. That the inciting is done by means of speeches, such bodies in such a manner as to
proclamation, writings, emblems, cartoons, Elements: interrupt its proceedings or to impair the
banners, or other representations tending to respect due it.
the same end. 1. That there be a projected or actual meeting of
the National Assembly or any of its committees N.B.: Must be in aid of legislation.
Uttering seditious words or speeches and writing, or subcommittees, constitutional committees
publishing or circulating scurrilous libels are or divisions thereof, or any provincial board or Section two. – Violation of parliamentary immunity
punishable, when – city or municipal council or board.
Art. 145. Violation of parliamentary immunity
1. They tend to disturb or construct any lawful 2. That the offender who may be any person
officer in executing the function of his office; prevents such meeting by force or fraud. Acts punishable under this article:
or

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1. By using force, intimidation, threats, or frauds to 1. That the offender is a public officer or b. That the meeting is attended by armed
prevent any member of the National Assembly employee; persons;
from (1) attending the meetings of the Assembly
or of any of its committees or subcommittees, 2. That he arrests or searches any member of the c. That the purpose of the meeting is to commit
constitutional commissions or committees or National Assembly; any of the crimes punishable under the Code.
divisions thereof, or from (2) expressing his
opinions, or (3) casting his vote. 3. That the Assembly, at the time of arrest or 2. Any meeting in which the audience, whether
search, is in regular or special session; armed or not, is incited to the commission of the
Elements: crime of treason, rebellion or insurrection,
4. That the member arrested or searched has not sedition, or assault upon a person in authority or
1. That the offender uses force, intimidation, committed a crime punishable under the Code his agents.
threats or fraud; by a penalty higher than prision mayor.
Requisites:
2. That the purpose of the offender is to prevents N.B.: Only limited to the members of Congress.
any member of the National Assembly from – a. That there is a meeting, a gathering or
Chapter Three groups of persons, whether in a fixed place
a. attending the meetings of the Assembly or or moving;
of any of its committees or constitutional ILLEGAL ASSEMBLIES AND ASSOCIATIONS
commissions, etc.; or b. That the audience, whether armed or not, is
Art. 146. Illegal assemblies incited to the commission of the crime of
b. expressing his opinions; or treason, rebellion or insurrection, sedition or
What are illegal assemblies? They are: direct assault.
c. casting his vote.
1. Any meeting attended by armed persons for the Persons liable for illegal assembly:
2. By arresting or searching any member thereof purpose of committing any of the crimes
while the National Assembly is in regular or punishable under the Code. 1. Organizers or leaders of the meeting;
special session, except in case such member has
committed a crime punishable under the Code by Requisites: 2. Persons merely present at the meeting.
a penalty higher than prision mayor.
a. That there is a meeting, a gathering or group Art. 147. Illegal associations
Elements: of persons, whether in a fixed place or
moving; What are illegal associations? They are:

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1. Associations totally or partially organized for b. That the aim of the offender is to attain any Art. 149. Indirect assaults
the purpose of committing any of the crimes of the purposes of the crime of rebellion or
punishable under the Code; any of the objects in the crime of sedition; Elements:

2. Associations totally or partially organized for c. That there is no public uprising. 1. That a person in authority or his agent is the
some purpose contrary to the public morals. victim of any of the forms of direct assault
2. Without public uprising, by attacking, by defined in Article 148;
Persons liable for illegal association: employing force, or by seriously intimidating or
seriously resisting any person in authority or any 2. That a person comes to the aid of such
1. Founders, director and president of the of his agents, while engaged in the performance authority of his agent;
association; of official duties, or on the occasion of such
performance. 3. That the offender makes use of force or
2. Mere members of the association. intimidation upon such person coming to the
Elements: aid of the authority or his agent.
Chapter Four
a. That the offender (a) makes an attack, (b) Art. 150. Disobedience to summons issued by the
ASSAULT UPON, AND RESISTANCE AND employs force, (c) makes a serious National Assembly, its committees or subcommittees,
DISOBEDIENCE TO, PERSONS IN AUTHORITY AND intimidation, or (d) makes a serious resistance; by the Constitutional Commissions, its committees,
THEIR AGENTS subcommittees or divisions
b. That the person assaulted is a person in
Art. 148. Direct assaults authority or his agent;
Acts punished as disobedience to the National
Assembly or its committee or Constitutional
Two ways of committing the crime of direct assaults: c. That at the time of the assault the person in
commission:
authority or his agent (a) is engaged in the
1. Without public uprising, by employing force or actual performance of official duties, or that he
1. By refusing, without legal excuse, to obey
intimidation for the attainment of any of the is assaulted, (b) by reason of the past
summons of the National Assembly, its special
purposes enumerated in defining the crimes of performance of official duties;
or standing committees and subcommittees,
rebellion and sedition. the Constitutional commissions and its
d. That the offender knows that the one he is
committees, subcommittees or divisions, or by
Elements: assaulting is a person in authority or his agent
any commission or committee chairman or
in the exercise of his duties;
member authorized to summon witnesses.
a. That the offender employs force or
intimidation; e. That there is no public uprising.

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2. By refusing to be sworn or placed under 1. That the agent of a person in authority is What are tumults and other disturbance of public
affirmation while being before such legislative engaged in the performance of official duty or order? They are:
or constitutional body or official. gives a lawful order to the offender;
1. Causing any serious disturbance in a public
3. By refusing to answer any legal inquiry or to 2. That the offender disobeys such agents of a place, office or establishment;
produce any books, papers, documents, or person in authority;
records in his possession, when required by 2. Interrupting or disturbing performances,
them to do so in the exercise of their functions. 3. That such disobedience is not of a serious function or gatherings, or peaceful meetings, if
nature. the act is not included in Articles 131 and 132;
4. By restraining another from attending as a
witness in such legislative or constitutional Art. 152. Persons in Authority and Agents of Persons 3. Making any outcry tending to incite rebellion or
body. in Authority sedition in any meeting, association or public
place;
5. By inducing disobedience to a summons or Any person directly vested with jurisdiction, whether 4. Displaying placards or emblems which provoke
refusal to be sworn by any such body or official. as in individual or as a member of some court or a disturbance or public order in such place;
government corporation, board, or commission, shall
Art. 151. Resistance and disobedience to a person in be deemed a person in authority. 5. Burying with pomp the body of a person who
authority or the agents of such person has been legally executed.
Any person who, by direct provision of law or by
Elements of resistance and serious disobedience: election or by appointment by competent authority, N.B.: The disturbance or interruption shall be deemed
is charged with the maintenance of public order and to be tumultuous if caused by more than three
1. That a person in authority or his agent is the protection and security of life and property, or persons who are armed or provided with means of
engaged in the performance of official duty or any person who comes to the aid of persons in violence.
gives a lawful order to the offender; authority, shall be deemed an agent of a person in
authority. Art. 154. Unlawful use of means of publication and
2. That the offender resists or seriously disobeys unlawful utterances
such person in authority or his agent; Chapter Five
Acts punished as unlawful use of means of
3. That the act of the offender is not included in PUBLIC DISORDERS publication and unlawful utterances:
the provisions of Articles 148, 149, and 50.
Art. 153. Tumults and other disturbances of public 1. By publishing or causing to be published, by
Elements of simple disobedience: order means of printing, lithography or any other
means of publication, as news any false news

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which may endanger the public order, or cause 3. Disturbing the public peace while wandering 3. That he evades the service of his sentence by
damage to the interest or credit of the State. about the night or while engaged in any other escaping during the term of his sentence.
nocturnal amusements.
2. By encouraging disobedience to the law or to Circumstances qualifying the offense:
the constituted authorities or by praising, 4. Causing any disturbance or scandal in public
justifying or extolling any act punished by law, placed while intoxicated or otherwise, If such evasion or escape takes place –
by the same means or by words, utterance or provided Article 153 is not applicable.
speeches. 1. By means of unlawful entry (this should be “by
Art. 156. Delivering prisoners from jail scaling”;
3. By maliciously publishing or causing to be
published any official resolution or document Elements: 2. By breaking doors, windows, gates, walls,
without proper authority, or before that have roofs or floors;
been published officially. 1. That there is a person confined in a jail or penal
establishment; 3. By using picklocks, false keys, disguise, deceit,
4. By printing, publishing or disturbing (or violence or intimidation; or
causing the same) books, pamphlets, 2. That the offender removes therefrom such
periodicals, or leaflets which do not bear the person, or helps the escape of such person. 4. Through connivance with other convicts or
real printer’s name, or which are classified as employees of the penal institution.
anonymous. Chapter Six
Art. 158. Evasion of service of sentence on the
Art. 155. Alarms and scandals EVASION OF SERVICE OF SENTENCE occasion of disorder, conflagrations, earthquakes, or
other calamities
Acts punished as alarms and scandals: Art. 157. Evasion of service of sentence
Elements:
1. Discharging any firearm, rocket, firecracker, or Elements:
other explosive within any town or public 1. That the offender is a convict by final
place, calculated to cause (which produces) 1. That the offender is a convict by final judgment, who is confined in a penal
alarm or danger. judgment; institution;

2. Instigating or taking an active part in any 2. That he is serving his sentence which consists 2. That there is disorder, resulting from –
charivari or other disorderly meeting offensive in deprivation of liberty;
to another or prejudicial to public tranquility. a. conflagration,

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b. earthquake, COMMISSION OF ANOTHER CRIME DURING Acts punished:

SERVICES OF PENALTY IMPOSED FOR ANOTHER
c. explosion, PREVIOUS OFFENSE 1. Forging the Great Seal of the Government of
the Philippines.
d. similar catastrophe, or Art. 160. Commission of another crime during
services of penalty imposed for another previous 2. Forging the signature of the President.
e. mutiny in which he has not participated offense
3. Forging the stamp of the President.
3. That the offender evades the service of his Elements:
sentence by leaving the penal institution Art. 162. Using forged signature or counterfeit seal or
where he is confined, on the occasion of such 1. That the offender was already convicted by stamp
disorder or during the mutiny; final judgment of one offense;
Elements:
4. That the offender fails to give himself up to the 2. That he committed a new felony before
authorities within 48 hours following the beginning to serve such sentence or while 1. That the Great Seal of the Republic was
issuance of a proclamation by the Chief serving the same. counterfeited or the signature or stamp of the
Executive announcing the passing away od Chief Executive was forged by another person;
such calamity. Title Four
2. That the offender knew of the counterfeiting
Art. 159. Other cases of evasion of service of sentence CRIMES AGAINST PUBLIC INTEREST or forgery;

Elements of the offense of violation of conditional Chapter One 3. That he used the counterfeit seal or forged
pardon: signature or stamp.
FORGERIES
1. That the offender was a convict; Section Two. – Counterfeiting coins
Section One. – Forging the seal of the Government
2. That he was granted a conditional pardon by of the Philippine Islands, the signature or stamp of Art. 163. Making and importing and uttering false
the Chief Executive; the Chief Executive. coins

3. That he violated any of the conditions of such Art. 161. Counterfeiting the great seal of the Elements:
pardon. Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive 1. That there be false or counterfeited coins;
Chapter Seven

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2. That the offender either made, imported or b. With intent to utter; and The instrument is payable to bearer –
uttered such coins;
c. Knowledge a. When it is expressed to be so payable; or
3. That in case of uttering such false or
counterfeited coins, he connived with the 2. Actually uttering such false or mutilated coin, b. When it is payable to a person named therein
counterfeiters or importer. knowing the same to be false or mutilated. or bearer; or

Art. 164. Mutilation of coins Elements: c. When it is payable to the order of a fictitious or
non-existing person, and such fact was known
Acts punished under this Article: a. Actually uttering; and to the person making it so payable; or

1. Mutilating coins of the legal currency, with the b. Knowledge d. When the name of the payee does not purport
further requirement that there be intent to to be the name of any person; or
damage or to defraud another. Section Three. – Forging treasury or bank notes,
obligations and securities; importing and uttering e. When the only or last indorsement is an
2. Importing or uttering such mutilated coins, false or forged noted, obligation and securities indorsement in black. (Negotiable Instruments
with the further requirement that there must Law, Sec. 9)
be connivance with the mutilator or importer Art. 166. Forging treasury or bank notes or other
in case of uttering. documents payable to bearer; importing, and Art. 167. Counterfeiting, importing, and uttering
uttering such false or forged notes and documents instruments not payable to bearer
Art. 165. Selling of false or mutilated coin, without
connivance Three penalized under this Article: Elements:

Acts punished under this Article: 1. Forging or falsification of treasury or bank 1. That there be an instrument payable to order
notes or other documents payable to bearer. or other document of credit not payable to
1. Possession of coin, counterfeited or mutilated by bearer;
another person, with intent to utter the same, 2. Importation of such false or forged obligations
knowing that it is false or mutilated. or notes. 2. That the offender wither forged, imported or
uttered such instrument;
Elements: 3. Uttering of such false or forged obligations or
notes in connivance with the forgers or 3. That in case of uttering, he connived with the
a. Possession; importer. forger or importer.

ANNESAMBO 14
 RPC BOOKII:ELEMENTS

Art. 168. Illegal possession and use of false treasury Section Four. – Falsification of legislative, public, a. Counterfeiting or imitating any
or bank notes and other instruments of credit commercial, and private documents, and wireless, handwriting, signature or rubric.
telegraph, and telephone messages
Elements: Requisites:
Art. 170. Falsification of legislative documents
1. That any treasury or bank note or certificate or i. That there be an intent to imitate, or
other obligation and security payable to Elements: an attempt to imitate; and
bearer, or any instrument payable to order or
other document of credit not payable to bearer 1. That there be a bill, resolution or ordinance ii. That the two signatures or
is forged or falsified by another person; enacted or approved or pending approval by handwritings, the genuine and the
either House of the Legislature or any forged, bear some resemblance to
2. That the offender knows that any of those provincial board or municipal council; each other.
instruments is forged or falsified;
2. That the offender alters the same; b. Causing it to appear that persons have
3. That he performs any of these acts – participated in any act or proceeding when
3. That he has no proper authority therefor; they did not in facts so participate.
a. using any of such forged or falsified
instruments; or 4. That the alteration has changed the meaning Requisites:
of the document.
b. possessing with intent to use any of such i. That the offender caused it to appear
forged or falsified instruments. Art. 171. Falsification by public officer, employee or in a document that a person or
notary or ecclesiastical minister persons participated in an act or a
Art. 169. How forgery is committed proceeding; and
Elements:
ii. That such person or persons did not in
1. By giving to a treasury or bank note or any
fact so participate in the act or
instrument, payable to bearer or order 1. That the offender is a public officer, employee,
proceeding.
mentioned therein, the appearance of a true or notary public;
genuine document.
c. Attributing to persons who have
2. That he takes advantage of his official position;
participated in an act or proceeding
2. By erasing, substituting, counterfeiting or
statements other than those in fact made
altering by any means the figures, letters, 3. That he falsifies a document by committing any
by them.
words or signs contained therein. of the following acts:

ANNESAMBO 15
 RPC BOOKII:ELEMENTS

Requisites: wrongful intent of injuring a third iv. That the change made the
person. document speak something false.
i. That a person or persons participated
in an act or a proceeding; e. Altering true dates. g. Issuing in authenticated form a document
purporting to be a copy of an original
ii. That such person or persons made N.B.: There is falsification under this document when no such original exists, or
statements in that act or proceeding; paragraph only when the date mentioned including in such copy a statement
and in the document id essential. contrary to, or different from, that of the
genuine original.
iii. That the offender, in making a Requisite:
document, attributed to such person Requisites:
or persons statements other than i. The alteration of the date or dates
those in fact made by such person or in a document must affect either i. A public officer or notary public who
persons. the veracity of the document or takes advantage of his position.
the effects thereof.
d. Making untruthful statements in a h. Intercalating any instrument or note
narration of facts. f. Making any alteration or intercalation in a relative to the issuance thereof in a
genuine document which changes its protocol, registry or official book.
Requisites: meaning.
4. In case the offender is an ecclesiastical
i. That the offender makes in a Requisites: minister, the act of falsification is committed
document statements in a narration of with respect to any record or document of
facts; i. That there be an alteration such character that its falsification may affect
(change) or intercalation the civil status of persons.
ii. That he has a legal obligation to (insertion) on a document;
disclose the truth of the facts narrated Art. 172. Falsification by private individuals and use of
by him; ii. That it was made on a genuine falsified documents
document;
iii. That the facts narrated by the Three acts punished under this Article:
offender are absolutely false; and iii. That the alteration or
intercalation has changed the 1. Falsification of public, official or commercial
iv. That the perversion of truth in the meaning of the document; and document by a private individual.
narration of facts was made with the

ANNESAMBO 16
 RPC BOOKII:ELEMENTS

Elements: A. Introducing in a judicial proceeding – Art. 173. Falsification of wireless, cable, telegraph,
and telephone messages, and use of said falsified
a. That the offender is a private individual or a. That the offender knew that a document was messages
a public officer or employee who did not falsified by another person;
take advantage of his official position; Three acts punishable under this Article:
b. That the false document is embraced in Article
b. That he committed any of the acts of 171 or in any subdivisions No. 1 or 2 of Article 1. Uttering fictitious wireless, telegraph or
falsification enumerated in Article 171; 172; telephone message.

c. That the falsification was committed in a c. That he introduced said document in evidence Elements:
public or official or commercial document. in any judicial proceeding.
a. That the offender is an officer or employee of
2. Falsification of private document by any B. Use in any other transaction – the Government or an officer or employee of a
person. private corporation, engaged in the service of
a. That the offender knew that a document was sending or receiving wireless, cable or
Elements: falsified by another person; telephone message;

a. That the offender committed any of the b. That the false document is embraced in Article b. That the offender commits any of the following
acts of falsification, except those in 171 or in any of subdivision No. 1 or 2 of Article acts:
paragraph 7, enumerated in Article 171; 172;
i. Uttering fictitious wireless, cable,
b. That the falsification was committed in any c. That he used such document (not in judicial telegraph or telephone message; or
private document; proceedings);
ii. Falsifying wireless, cable. Telegraph, or
c. That the falsification caused damage to a d. That the use of the false document caused telephone message.
third party or at least the falsification was damage to another or at least it was used with
committed with intent to cause such the intent to cause such damage. 2. Falsifying wireless, telegraph or telephone
damage. message.

3. Use of falsified document. Elements:

Elements: a. That the accused knew that wireless, cable,

telegraph, or telephone message was falsified

ANNESAMBO 17
 RPC BOOKII:ELEMENTS

by any of the persons specified in the first Art. 175. Using of false certificate Chapter Two
paragraph of Article 173;
Elements: OTHER FALSITIES
b. That the accused used such falsified dispatch;
1. That a physician or surgeon had issued a false Section One. – Usurpation of authority, rank, title
c. That the use of the falsified dispatch resulted medical certificate, or a public officer had and improper use of names, uniforms, and insignia
in the prejudice of a third party, or that the use issued a false certificate of merit or service,
thereof was with intent to cause such good conduct, or similar circumstances, or a Art. 177. Usurpation of authority or official functions
prejudice. private person had falsified any of said
certificates; Two offenses contemplated in this Article:
3. Using such falsified message.
2. That the offender knew that the certificate was 1. Usurpation of authority
Section Five. – Falsification of medical certificates, false;
false certificates of merit or service, and the like 2. Usurpation of official functions
3. That he used the same.
Art. 174. False medical certificates, false certificates Two ways of committing the crime under this
of merit or service, etc. Section Six. – Manufacturing, importing, and Article:
possession of instruments or implements intended
Persons liable for falsification of certificates: for the commission of falsification 1. By knowingly and falsely representing oneself
to be an officer, agent or representative of any
1. Physician or surgeon who, in connection with Art. 176. Manufacturing and possession of department or agency of the Philippine
the practice of his profession, issued a false instruments or implements for falsification Government or any foreign government.
certificate. (It must refer to the illness or injury
of a person.) Acts punishable under this Article: 2. By performing any act pertaining to any person
in authority or public officer of the Philippine
2. Public officer who issued a false certificate of 1. Making or introducing into the Philippines any Government or of a foreign government or any
merit or service, good conduct or similar stamps, dies, marks, or other instruments or agency thereof, under pretense of official
circumstances. implements for counterfeiting or falsification. position, and without being lawfully entitled to
do so.
3. Private individual who falsified a certificate 2. Possessing with intent to use the instruments
falling in the classes mentioned in Nos. 1 and 2. or implements for counterfeiting or
falsification made in or introduced into the
Philippines by another person.

ANNESAMBO 18
 RPC BOOKII:ELEMENTS

Art. 178. Using fictitious name and concealing true Art. 179. Illegal use of uniforms or insignia Art. 182. False testimony in civil cases
name
Elements: Elements:
Elements of using fictitious name:
1. That the offender makes use of insignia, 1. That the testimony must be given in a civil case;
1. That the offender uses a name other than his uniform or dress;
real name; 2. That the testimony must relate to the issues
2. That the insignia, uniform or dress pertain to an presented in said case;
2. That he uses that fictitious name publicly; office not held by the offender or to a class of
persons of which he is not a member; 3. That the testimony must be false;
3. That the purpose of the offender is –
3. That the insignia, uniform or dress is used 4. That the false testimony must be given by the
a. to conceal a crime; publicly and improperly. defendant knowing the same to be false;

b. to evade the execution of a judgment; or Section Two. – False testimony 5. That the testimony must be malicious and
given with an intent to affect the issues
c. to cause damage to public interest. Art. 180. False testimony against a defendant presented in said case.

Elements of concealing true name: Elements: Art. 183. False testimony in other cases and perjury in
solemn affirmation
1. That the offender conceals – 1. That there be a criminal proceeding;
Two ways of committing perjury:
a. his true name; and 2. That the offender testifies falsely under oath
against the defendant therein; 1. By falsely testifying under oath; and
b. all other personal circumstances.
3. That the offender who gives false testimony 2. By making a false affidavit.
2. That the purpose is only to conceal his identity. knows that it is false.
Elements:
Art. 181. False testimony favorable to the defendant
1. That the accused made a statement under oath
or executed an affidavit upon a material
matter;

ANNESAMBO 19
 RPC BOOKII:ELEMENTS

2. That the statement or affidavit was made Acts punished under this Article: 3. That it was done by threats, gifts, promises or
before a competent officer, authorized to any other artifice;
receive and administer oath; 1. By soliciting any gift or promise as a
consideration for refraining from taking part in 4. That the accused had the intent to cause the
3. That in the statement or affidavit, the accused any public auction. reduction of the price of the thing auctioned.
made a willful and deliberate assertion of a
falsehood; and 2. By attempting to cause bidders to stay away Art. 186. Monopolies and combinations in restraint of
from an auction by threats, gifts, promises or trade
4. That the sworn statement or affidavit any other artifice. * Repealed by R.A. No. 10667
containing the falsity is required by law.
Elements of soliciting gift or promise: Section Two. – Frauds in commerce and industry
Art. 184. Offering false testimony in evidence
1. That there be a public auction; Art. 187. Importation and disposition of falsely
Elements: marked articles or merchandise made of gold, silver,
2. That the accused solicited any gift or a promise or other precious metals or their alloys
1. That the offender offered in evidence a false from any of the bidders;
witness or false testimony; Elements:
3. That such gift or promise was the
2. That he knew the witness or the testimony was consideration for his refraining from taking
1. That the offender imports, sells or disposes of
false; and part in that public auction;
any of those articles or merchandise;

3. That the offender was made in a judicial or 4. That the accused had the intent to cause the
2. That the stamps, brands, or marks of those
official proceeding. reduction of the price of the thing auctioned.
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
Chapter Three Elements of attempting to cause bidders to stay
alloys;
away:
FRAUDS 3. That the offender knows that the stamps,
1. That there be a public auction;
brands, or marks fail to indicate the actual
Section One. – Machinations, monopolies, and fineness or quality of the metals or alloys.
combinations 2. That the accused attempted to cause the
bidders to stay away from that public auction;
Art. 188. Substituting and altering trademarks,
Art. 185. Machinations in public auctions tradenames, or service marks

ANNESAMBO 20
 RPC BOOKII:ELEMENTS

Acts punished under this Article: CRIMES RELATIVE TO OPIUM AND OTHER Art. 200. Grave Scandal
PROHIBITED DRUGS
1. By (a) substituting the tradename or Elements:
trademark of some other manufacturer or Art. 190
dealer, or a colorable imitation thereof, for the 1. That the offender performs an act or acts;
trade name or trademark of the real Art. 191
manufacturer or dealer upon any article of 2. That such act or acts be highly scandalous as
commerce, and (b) selling the same. offending against decency or goof customs;
Art. 192

2. By selling or by offering for sale such articles of 3. That the highly scandalous conduct is not
commerce, knowing that the tradename or Art. 193
expressly falling within any other article of this
trademark has been fraudulently used. Code;
Art. 194
3. By using or substituting the service marks of 4. That the act or acts complained of be
some other person, or a colorable imitation of Title Six committed in a public place or within the public
such mark, in the sale or advertising of his knowledge or view.
services. CRIMES AGAINST PUBLIC MORALS
Art. 201. Immoral doctrines, obscene publication and
4. By printing, lithographing or reproducing Art. 195 exhibitions, and indecent shows
tradename, trademark, or service mark of one
person, or a colorable imitation thereof, to
Art. 196 Art. 202. Prostitutes; Penalty
enable another person to fraudulently use the
same, knowing the fraudulent purpose for
Art. 197 Title Seven
which it is to be used.

Art. 198 CRIMES COMMITTED BY

Art. 189. Unfair competition, fraudulent registration
POLICE OFFICERS
of trade name, trademark, or service mark,
fraudulent designation of origin, and false Art. 199
Chapter One
description
Chapter Two
PRELIMINARY PROVISIONS
Title Five
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS

ANNESAMBO 21
 RPC BOOKII:ELEMENTS

Art. 203. Who are public officers 2. That he renders a judgment in a case submitted b. renders a manifestly unjust interlocutory
to him for decision; order or decree through inexcusable
Requisites: negligence or ignorance.
3. That the judgment is unjust;
To be a public officer, one must be – Art. 207. Malicious delay in the administration of
4. That the judge knows that his judgment is justice
1. Taking part in the performance of public unjust.
functions in the Government, or Elements:
Art. 205. Judgment rendered through negligence
Performing in said Government or in any of its 1. That the offender is a judge;
branches public duties as an employee, agent Elements:
or subordinate official, of any rank or class; and 2. That there is a proceeding in his court;
1. That the offender is a judge;
2. That his authority to take part in the 3. That he delays the administration of justice;
performance of public functions or to perform 2. That he renders a judgment in a case submitted
public duties must be – to him for decision; 4. That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to
a. by direct provision of the law, or 3. That the judgment is manifestly unjust; inflict damage on either part in the case.

b. by popular election, or 4. That it is due to his inexcusable negligence or Art. 208. Prosecution of offenses; negligence and
ignorance. tolerance
c. by appointment by competent authority.
Art. 206. Unjust interlocutory order Acts punishable under this article:
Chapter Two
Elements: 1. By maliciously refraining from instituting
MALFEASANCE AND MISFEASANCE prosecution against violators of the law.
IN OFFICE 1. That the offender is a judge;
2. By maliciously tolerating the commission of
Art. 204. Knowingly rendering unjust judgment 2. That he performs any of the following acts: offenses.

Elements: a. knowingly renders unjust interlocutory Elements of dereliction of duty in the prosecution of
order or decree; or offenses:
1. That the offender is a judge;

ANNESAMBO 22
 RPC BOOKII:ELEMENTS

1. That the offender is a public officer or officer of 3. By undertaking the defense of the opposing Elements of direct bribery:
the law who has a duty to cause the party in the same case, without the consent of
prosecution of, or to prosecute, offenses; his first client, after having undertaken the 1. That the offender be a public officer within the
defense of said first client or after having scope of Article 203;
2. That there is dereliction of the duties of his received confidential information from said
office; that is, knowing the commission of the client. 2. That the offender accepts an offer or a promise
crime, he does not cause the prosecution of or receives a gift or present by himself or
the criminal or knowing that a crime is about to N.B.: If the client consents to the attorney’s through another;
be committed, he tolerates its commission; taking the defense of the other party, there is
no crime. 3. That such offer or promise be accepted, or gift
3. That the offender acts with malice and or present received by the public officer –
deliberate intent to favor the violator of the Section Two. – Bribery
law. a. With a view to committing some crime; or
Art. 210. Direct bribery
Art. 209. Betrayal of trust by an attorney or solicitor b. In consideration of the execution of an act
Acts punishable in direct bribery: which does not constitute a crime, but the
Acts punished as betrayal of trust by attorney: act must be unjust; or
A public officer commits direct bribery –
1. By causing damage to his client, either (1) by c. To refrain from doing something which it is
any malicious breach of professional duty, (2) 1. By agreeing to perform, or by performing, his official duty to do.
by inexcusable negligence or ignorance. inconsideration of any offer, promise, gift or
present – an act constituting a crime, in Art. 211. Indirect Bribery
N.B.: When the attorney acts (1) with malicious connection with the performance of his official
abuse of his employment or (2) inexcusable duties. Elements:
negligence or ignorance, there must be
damage to his client. 2. By accepting a gift in consideration of the 1. That the offender is a public officer;
execution of an act which does not constitute
2. By revealing any of the secrets of his clients a crime, in connection with the performance of 2. That he accepts gifts;
learned by him in his professional capacity. his official duty.
3. That the said gifts are offered to him by reason
N.B.: Damage is not necessary. 3. By agreeing to refrain, or by refraining, from of his office.
doing something which it is his official duty to
do, in consideration of gift or promise.

ANNESAMBO 23
 RPC BOOKII:ELEMENTS

Art. 212-A. Qualified Bribery Art. 213. Frauds against the public treasury and 2. That he should have taken advantage of his
similar offenses office, that is, he intervened in the transaction
Elements: in his official capacity;
Acts punishable under this Article:
1. That the offender is a public officer entrusted 3. That he entered into an agreement with any
with law enforcement; 1. By entering into an agreement with any interested party or speculator or made use of
interested party or speculator or making use of any other scheme with regard to (1) furnishing
2. That the offender refrains from arresting or any other scheme, to defraud the Government, supplies, (2) the making of contracts, or (3) the
prosecuting an offender who has committed a in dealing with any person with regard to adjustment or settlement of accounts relating
crime punishable by reclusion perpetua and/or furnishing supplies, the making of contracts, or to public property or funds;
death; the adjustment or settlement of accounts
relating to public property or funds. 4. That the accused had intent to defraud the
3. That the offender refrains from arresting or Government.
prosecuting the offender in consideration of 2. By demanding, directly or indirectly, the
any promise, gift or present. payment of sums different from or larger than Elements of illegal exactions:
those authorized by law, in the collection of
Art. 212. Corruption of public officials taxes, licenses, fees, and other imposts. 1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and other
3. By failing voluntarily to issue a receipt, as imposts;
Elements:
provided by law, for any sum of money
collected by him officially, in the collection of 2. He is guilty of any of the following acts or
1. That the offender makes offers or promises or
taxes, licenses, fees, and other imposts. omissions:
gives gifts or presents to a public officer;

4. By collecting or receiving, directly or indirectly, a. Demanding, directly or indirectly, the

2. That the offers or promises are made or the
by way of payment or otherwise, things or payment of sums different from or larger
gifts or presents given to a public officer, under
objects of a nature different from that than those authorized by law; or
circumstances that will make the public officer
liable for direct bribery or indirect bribery. provided by law, in the collection of taxes,
licenses, fees, and other imposts. b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
Chapter Three
Elements of frauds against public treasury: collected by him officially; or

FRAUDS AND ILLEGAL EXACTIONS AND

1. That the offender be a public officer; c. Collecting or receiving, directly or
TRANSACTION
indirectly, by way of payment or

ANNESAMBO 24
 RPC BOOKII:ELEMENTS

otherwise, things or objects of a nature Art. 216. Possession of prohibited interest by a public 3. By consenting, or through abandonment or
different from that provided by law. officer negligence, permitting any other person to
take such public funds or property.
Art. 214. Other frauds Who are liable for possession of prohibited interest?
4. By being otherwise guilty of the
Elements: 1. Public officer who, directly or indirectly, misappropriation of malversation of such
became interested in any contract or business funds or property.
1. That the offender is a public officer; in which it was his official duty to intervene.
Elements common to all acts of malversation:
2. That he takes advantage of his official position; 2. Experts, arbitrators, and private accounts who,
and in like manner, took part in any contract or 1. That the offender be a public officer;
transaction connected with the estate or
3. That he commits any of the frauds or deceits property in the appraisal, distribution or 2. That he had the custody or control of funds or
enumerated in Article 315 to 318. adjudication of which they had acted. property by reason of the duties of his office.

Art. 215. Prohibited transactions 3. Guardians and executors with respect to the 3. That those funds or property were public funds
property belonging to their wards or the or property for which he was accountable.
Elements: estate.
4. That he appropriated, took, misappropriated
Chapter Four or consented or, through abandonment or
1. That the offender is an appointive public
negligence, permitted another person to take
officer;
MALVERSATION OF PUBLIC FUNDS OR PROPERTY them.
2. That he becomes interested, directly or
indirectly, in any transaction of exchange or Art. 217. Malversation of public funds or property – Art. 218. Failure of accountable officer to render
speculation; Presumption of malversation accounts

3. That the transaction takes place within the Acts punishable under this article: Elements:
territory subject to his jurisdiction; and
1. By appropriating public funds or property. 1. That the offender is a public officer, whether in
4. That he becomes interested in the transaction the service or separated therefrom;
during his incumbency. 2. By taking or misappropriating the same.
2. That he must be an accountable officer for
public funds or property;

ANNESAMBO 25
 RPC BOOKII:ELEMENTS

3. That he is required by law or regulation to 3. That such public fund or property has been Art. 222. Officers included in the preceding provisions
render accounts to the Commission on Audit, appropriated by law or ordinance; and
or to a provincial auditor; and Private individuals who may be liable under Article
4. That he applies the same to a public use other 217 to 221:
4. That he fails to do so for a period of two than that for which such fund or property has
months after such accounts should be been appropriated by law or ordinance. 1. Private individuals who, in any capacity
rendered. whatever, have charge of any national,
Art. 221. Failure to make delivery of public funds or provincial or municipal funds, revenue, or
Art. 219. Failure of a responsible public officer to property property.
render accounts before leaving the country
Acts punished under this Article: 2. Administrator or depository of funds or
Elements: property attached, seized or deposited by
1. By failing to make payment by a public officer public author, even if such property belongs to
1. That the offender is a public officer; who is under obligation to make such payment a private individual.
from Government funds in his possession.
2. That he must be an accountable officer for Chapter Five
public funds or property; and 2. By refusing to make delivery by a public officer
who has been ordered by competent authority INFIDELITY OF PUBLIC OFFICERS
3. That he must have unlawfully left (or be on the to deliver any property in his custody or under
point of leaving) the Philippines without his administration. Section One. – Infidelity in the custody of prisoners
securing from the Commission on Audit a Elements of failure to make payment:
certificate showing that his accounts have Art. 223. Conniving with or consenting to evasion
been finally settled. 1. That the public officer has Government funds
in his possession; Elements:
Art. 220. Illegal use of public funds or property
2. That he is under obligation to make payment 1. That the offender is a public officer;
Elements: from such funds; and
2. That he had in his custody or charge, a prisoner,
1. That the offender is a public officer; 3. That he fails to make the payment maliciously. either detention prisoner or prisoner by final
judgment;
2. That there is public fund or property under his
administration; 3. That such prisoner escaped from his custody;
and

ANNESAMBO 26
 RPC BOOKII:ELEMENTS

4. That he was in connivance with the prisoner in Section Two. – Infidelity in the custody of 2. That he is charged with the custody of papers
the latter’s escape. documents or property;

Art. 224. Evasion through negligence Art. 226. Removal, concealment or destruction of 3. That these papers or property are sealed by
documents proper authority;
Elements:
Elements: 4. That he breaks the seals or permits them to be
1. That the offender is a public officer; broken.
1. That the offender be a public officer;
2. That he is charged with the conveyance or Art. 228. Opening of closed documents
custody of a prisoner, either detention 2. That he abstracts, destroys or conceals
prisoner or prisoner by final judgment; and documents or papers; Elements:

3. That such prisoner escapes through his 3. That the said documents or papers should have 1. That the offender is a public officer;
negligence. been entrusted to such public officer by reason
of his office; and 2. That any closed papers, documents, or objects
Art. 225. Escape of prisoner under the custody of a are entrusted to his custody;
person not a public officer 4. That damage, whether serious or not, to a third
party or to the public interest should have been 3. That he opens or permits to be opened said
Elements: caused. closed papers, documents or objects;

1. That the offender is a private person; N.B.: The removal is for an illicit purpose when the 4. That he does not have proper authority.
intention of the offender is (a) to tamper it; (b) to
2. That the conveyance or custody of a prisoner profit by it; or (c) to commit an act constituting a Section Three. – Revelation of secrets
or person under arrest is confided to him; breach of trust in the official care thereof.
Art. 229. Revelation of secrets by an officer
3. That the prisoner or person under arrest Art. 227. Officer breaking seal
escapes; and Acts punishable as revelation of secrets by an
Elements: officer:
4. That the offender consents to the escape of
the prisoner or person under arrest, or that the 1. That the offender is a public officer; 1. By revealing any secrets known to the
escape takes place through his negligence. offending public officer by reason of his official
capacity.

ANNESAMBO 27
 RPC BOOKII:ELEMENTS

2. By delivering wrongfully papers or copies of Art. 230. Public officer revealing secrets of private superior authority and issued with all the legal
papers of which he may have charge and which individual formalities;
should not be published.
Elements: 4. That the offender without any legal
Elements of No. 1: justification openly refuses to execute the said
1. That the offender is a public officer; judgment, decision or order, which he is duty
1. That the offender is a public officer; bound to obey.
2. That he knows of the secrets of a private
2. That he knows of a secret by reason of his individual by reason of his office; Art. 232. Disobedience to order of superior officer,
official capacity; when said order was suspended by inferior officer
3. That he reveals such secrets without authority
3. That he reveals such secret without authority or justifiable reason. Elements:
or justifiable reasons;
Chapter Six 1. That the offender is a public officer;
4. That damage, great or small, be caused to the
public interest. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC 2. That an order is issued by his superior for
OFFICERS execution;
Elements of No. 2:
Section One. – Disobedience, refusal of assistance, 3. That he has for any reason suspended the
1. That the offender is a public officer; and maltreatment of prisoners execution of such order;

2. That he has charge of papers; Art. 231. Open disobedience 4. That his superior disapproves the suspension
of the execution of the order;
3. That those papers should not be published;
Elements:
5. That the offender disobeys his superior despite
4. That he delivers those papers or copies thereof the disapproval of the suspension.
1. That the offender is a judicial or executive
to a third person;
officer;
Art. 233. Refusal of assistance
5. That the delivery is wrongful;
2. That there is a judgment, decision or order of a
superior authority; Elements:
6. That damage be caused to public interest.
3. That such judgment, decision or order was 1. That the offender is a public officer;
made within the scope of the jurisdiction of the

ANNESAMBO 28
 RPC BOOKII:ELEMENTS

2. That a competent authority demands from the 3. That he maltreats such prisoner in either of the 3. That he assumes the performance of the duties
offender that he lend his cooperation towards following manners: and powers of such office;
the administration of justice or other public
service; a. By overdoing himself in the correction or 4. That he has not taken his oath of office and/or
handling of a prisoner or detention given the bond required by law.
3. That the offender fails to do so maliciously. prisoner under his charge either –
Art. 237. Prolonging performance of duties and
N.B.: There must be damage to the public interest or (1) By the imposition of punishments not powers
to a third party, great or small. authorized by the regulations, or
Elements:
Art. 234. Refusal to discharge elective office (2) By inflicting such punishments (those
authorized) in a cruel and humiliating 1. That the offender is holding a public office;
Elements: manner; or
b. By maltreating such prisoner to extort a 2. That the period provided by law, regulations or
1. That the offender is elected by popular confession or to obtain some information special provisions for holding such office, has
election to a public office; from the prisoner. already expired;

2. That he refuses to be sworn in or to discharge Section Two. – Anticipation, prolongation, and 3. That he continues to exercise the duties and
the duties of said office; abandonment of the duties and powers of public powers of such office.
office
3. That there is no legal motive for such refusal to N.B.: A public officer who has been suspended,
be sworn in or to discharge the duties of said Art. 236. Anticipation of duties of a public office separated, declared overaged, or dismissed cannot
office. continue to perform the duties of his office.
Elements:
Art. 235. Maltreatment od prisoners Art. 238. Abandonment of office or position
1. That the offender is entitled to hold a public
Elements: office or employment, either by election or Elements:
appointment;
1. That the offender is a public officer or 1. That the offender is a public officer;
employee; 2. That the law requires that he should first be
sworn in and/or should first give a bond; 2. That he formally resigns from his position;
2. That he has under his charge a prisoner or
detention prisoner; 3. That his resignation has not yet been accepted;

ANNESAMBO 29
 RPC BOOKII:ELEMENTS

4. That he abandons his office to the detriments 1. That the offender is an officer of the executive 2. That he addresses any order or suggestion to
of the public service. branch of the Government; any judicial authority;

Section Three. – Usurpation of powers and unlawful 2. That he (a) assumes judicial powers, or (b) 3. That the order or suggestion relates to any
appointments obstructs the execution of any order or case or business coming within the exclusive
decision rendered by any judge within his jurisdiction of the courts of justice.
Art. 239. Usurpation of legislative powers jurisdiction.
Art. 244. Unlawful appointments
Elements: Art. 242. Disobeying request for disqualification
Elements:
1. That the offender is an executive or judicial Elements:
officer; 1. That the offender is a public officer;
1. That the offender is a public officer;
2. That he (a) makes general rules or regulations 2. That he nominates or appoints a person to a
beyond the scope of his authority, or (b) 2. That a proceeding is pending before such public office;
attempts to repeal a law, or (c) suspends the public officer;
execution thereof. 3. That such person lacks the legal qualifications
3. That there is a question brought before the therefor;
Art. 240. Usurpation of executive functions proper authority regarding his jurisdiction,
which is not yet decided; 4. That the offender knows that his nominee or
Elements: appointee lacks the qualifications at the time
4. That he has been lawfully required to refrain he made the nomination or appointment.
1. That the offender is a judge; from continuing the proceeding;
Section Four. – Abuses against chastity
2. That he (a) assumes a power pertaining to the 5. That he continues the proceeding.
executive authorities, or (b) obstructs the Art. 245. Abuses against chastity
executive authorities in the lawful exercise of Art. 243. Orders or requests by executive officers to
their powers. any judicial authority Ways of committing abuses against chastity:

Art. 241. Usurpation of judicial functions Elements: 1. By soliciting or making immoral or indecent
advances to a woman interested in matters
Elements: 1. That the offender is an executive officer; pending before the offending officer for
decision, or with respect to which he is

ANNESAMBO 30
 RPC BOOKII:ELEMENTS

required to submit a required to submit a c. the wife, daughter, sister or relative within * Absolutory circumstance
report to or consult with a superior officer; the same degree by affinity of the person
in the custody of the offender. Elements:
2. By soliciting or making immoral or indecent
advances to a woman under the offender’s Title Eight 1. That a legally married person or a parent
custody; surprises his spouse or his daughter, the latter
CRIMES AGAINST PERSONS under 18 years of age and living with him, in the
3. By soliciting or making immoral or indecent act of committing sexual intercourse with
advances to the wife, daughter, sister or Chapter One another person;
relative within the same degree by affinity of
any person in custody of the offending warden DESTRUCTION OF LIFE 2. That he or she kills any or both of them, or
or officer. inflicts upon any or both of them any serious
Section One. – Parricide, murder, homicide physical injury in the act or immediately
Elements: thereafter;
Art. 246. Parricide
1. That the offender is a public officer; 3. That he has not promoted or facilitated the
Elements: prostitution of his wife or daughter, or that he
2. That he solicits or makes immoral or indecent or she has not consented to the infidelity of the
advances to a woman; 1. That a person is killed; other spouse.

3. That such woman must be – 2. That the deceased is killed by the accused; Art. 248. Murder

a. interested in matters pending before the 3. That the deceased is the father, mother, or Elements:
offending officer for decision, or with child, whether legitimate or illegitimate, or a
respect to which he is required to submit a legitimate other ascendant or other 1. That a person was killed;
required to submit a report to or consult descendant, or the legitimate spouse, of the
with a superior officer; or accused. 2. That the accused killed him;

b. under the custody of the offender who is a N.B.: If the child killed by his parents is less than three 3. That the killing was attended by any of the
warder or other public officer directly (3) days old, the crime is infanticide. qualifying circumstances mentioned in Art.
charged with the care and custody of 248;
prisoners or persons under arrest; or Art. 247. Death or physical injuries inflicted under
exceptional circumstances

ANNESAMBO 31
 RPC BOOKII:ELEMENTS

a. With treachery, taking advantage of Art. 249. Homicide 3. That these several persons quarreled and
superior strength, with the aid of armed assaulted one another in a confused and
men, or employing means to weaken the Elements: tumultuous manner;
defense or of means or persons to insure
or afford impunity; 1. That a person was killed; 4. That someone was killed in the course of the
affray;
b. In consideration of a price, reward, or 2. That the accused killed him without any
promise; justifying circumstance; 5. That it cannot be ascertained who actually
killed the deceased;
c. By means of inundation, fire, poison, 3. That the accused had the intention to kill,
explosion, shipwreck, stranding of a which is presumed; 6. That the person or persons who inflicted
vessel, derailment or assault upon a street serious physical injuries or who used violence
car or locomotive, fall of an airship, by 4. That the killing was not attended by any of the can be identified.
means of motor vehicles, or with the use qualifying circumstances of murder, or by that
of any other means involving great waste of parricide or infanticide.
and ruin; Art. 252. Physical injuries inflicted in a tumultuous
affray
N.B.: No offense of frustrated homicide through
d. On occasion of any of the calamities imprudence.
enumerated in the preceding paragraph, Elements:
or of an earthquake, eruption of a volcano, Art. 250. Penalty for frustrated parricide, murder, or
destructive cyclone, epidemic or other 1. That there is a tumultuous affray as referred to
homicide
public calamity; in the preceding article;

Art. 251. Death caused in a tumultuous affray 2. That a participant or some participants thereof
e. With evident premeditation;
suffer serious physical injuries or physical
Elements: injuries of a less serious nature only;
f. With cruelty, by deliberately and
inhumanly augmenting the suffering of
1. That there be several persons; 3. That the person responsible thereof cannot be
the victim, or outraging or scoffing at his
person or corpse. identified;
2. That they did not compose groups organized
for the common purpose of assaulting and 4. That all those who appear to have used
4. The killing is not parricide or infanticide.
attacking each other reciprocally; violence upon the person of the offended
party are known.

ANNESAMBO 32
 RPC BOOKII:ELEMENTS

Art. 253. Giving assistance to suicide Art. 256. Intentional abortion Art. 257. Unintentional abortion

Acts punishable as giving assistance to suicide: Ways of committing abortion: Elements:

1. By assisting another to commit suicide, 1. By using any violence upon the person of the 1. That there is a pregnant woman;
whether the suicide is consummated or not; or pregnant woman;
2. That violence is used upon such pregnant
2. By lending his assistance to another to commit 2. By acting, but without using violence, without woman without intending an abortion;
suicide to the extent of doing the killing the consent of the woman. (By administering
himself. drugs or beverages upon such pregnant 3. That the violence is intentionally exerted;
woman without her consent.);
Art. 254. Discharge of firearms 4. That as a result of the violence the fetus dies,
3. By acting (by administering drugs or either in the womb or after having been
Elements: beverages), with consent of the pregnant expelled therefrom.
woman.
1. That the offender discharges a firearm against Elements of intentional abortion: Art. 258. Abortion practiced by the woman herself o
or at another person; her parents
1. That there is a pregnant woman;
2. That the offender has no intention to kill that Elements:
person. 2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise 1. That there is a pregnant woman who has
Section Two. – Infanticide and abortion acts upon such pregnant woman; suffered an abortion;

Art. 255. Infanticide 3. That as a result of the use of violence or drugs 2. That the abortion is intended;
or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or 3. That the abortion is caused by –
Elements:
after having been expelled therefrom;

1. That a child was killed; a. The pregnant woman herself;

4. That the abortion is intended.
2. That the deceased child was less than three b. Any other person, with her consent; or
days (72 hours) of age;
c. Any of her parents, with her consent for
3. That the accused killed the said child. the purpose of concealing her dishonor.

ANNESAMBO 33
 RPC BOOKII:ELEMENTS

Art. 259. Abortion practiced by a physician or 2. By inflicting upon such adversary physical Chapter Two
midwife and dispensing of abortives injuries;
PHYSICAL INJURIES
Elements: 3. By making a combat although no physical
injuries have been inflicted. Art. 262. Mutilation
1. That there is a pregnant woman who has
suffered an abortion; Who are liable in a duel? Two kinds of mutilation:

2. That the abortion is intended; 1. The person who killed or inflicted physical 1. By intentionally mutilating another by
injuries upon his adversary, or both depriving him, either totally or partially, of
3. That the offender, who must be a physician or combatants in any other case, as principals. some essential organ for reproduction;
midwife, causes or assists in causing the
abortion; 2. The seconds, as accomplices. 2. By intentionally making other mutilation, that
is, by lopping or clipping off any part of the
4. That said physician or midwife takes advantage Art. 261. Challenging to a duel body of the offended party, other than the
of his or her scientific knowledge or skill. essential organ for reproduction, to deprive
Acts punished under Article 261: him of that part of his body.
As to pharmacists, the elements are:
1. By challenging another to a duel; Elements of the first kind:
1. That the offender is a pharmacist;
2. By inciting another to give or accept a 1. That there be a castration, that is, mutilation of
2. That there is no proper prescription from a challenge to a duel; organs necessary for generation, such as the
physician; penis or ovarium;
3. That the offender dispenses any abortive. 3. By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a 2. That the mutilation is caused purposely and
Section Three. – Duel duel. deliberately, that is, to deprive the offended
party of some essential organ for
Art. 260. Responsibility of participants in a duel Persons responsible: reproduction.

Acts punished in duel: 1. Challenger; or Art. 263. Serious physical injuries

1. By killing one’s adversary in a duel; 2. Instigators How is the crime of serious physical injuries
committed?

ANNESAMBO 34
 RPC BOOKII:ELEMENTS

1. By wounding; (but must not be more than 90 days), as a Art. 266. Slight physical injuries and maltreatment
result of the physical injuries inflicted.
2. By beating; Three kinds of slight physical injuries:
Art. 264. Administering injurious substances or
3. By assaulting; or beverages 1. Physical injuries which incapacitated the
offended party for labor from one to nine (1-9)
4. By administering injurious substance. Elements: days, or required medical assistance during the
same period;
What are serious physical injuries? 1. That the offender inflicted upon another any
serious physical injury; 2. Physical injuries which did not prevent the
1. When the injured person becomes insane, offended party from engaging in his habitual
imbecile, impotent, or blind in consequence of 2. That it was done by knowingly administering to work or which did not require medical
the physical injuries inflicted; him any injurious substances or beverages or attendance;
by taking advantage of his weakness of mind or
2. When the injured person (a) loses the use of credulity; 3. Ill-treatment of another by deed without
speech or the power to hear or to smell, or causing any injury.
loses an eye, a hand, a foot, an arm, or a leg, or 3. That he had no intent to kill.
(b) loses the use of any such member, or (c) Chapter Three
becomes incapacitated for the work in which Art. 265. Less serious physical injuries
he was theretofore habitually engaged, in RAPE
consequences of the physical injuries inflicted;
Matter to be noted in the crime of less serious
physical injuries: Art. 266-A. Rape, when and how committed
3. When the person injured (a) becomes
deformed, or (b) loses any other member of his
1. That the offended party is incapacitated for Elements of rape:
body, or (c) loses the use thereof, or (d)
labor for ten (10) days or more (but not more
becomes ill or incapacitated for the
than 30 days), or needs medical attendance for 1. That the offender is a man;
performance of the work in which he was
the same period of time;
habitually engaged for more than 90 days, in
2. That the offender had carnal knowledge of a
consequence of the physical injuries inflicted;
2. That the physical injuries must not be those woman;
described in the preceding articles.
4. When the injured person becomes ill of
3. That such act is accomplished under any of the
incapacitated for labor for more than 30 days
following circumstances:

ANNESAMBO 35
 RPC BOOKII:ELEMENTS

a. By using force or intimidation; or c. By means of fraudulent machination or 4. That in the commission of the offense, any of
grave abuse of authority; or the following circumstances is present:
b. When the woman is deprived of reason or
otherwise unconscious; or d. When the woman is under 12 years of age a. That the kidnapping or detention lasts for
or demented. more than three (3) days;
c. By means of fraudulent machination or Art. 266-B. Penalties
grave abuse of authority; or b. That it is committed simulating public
Art. 266-C. Effect of pardon authority;
d. When the woman is under 12 years of age
or demented. Title Nine c. That any serious physical injuries are
inflicted upon the person kidnapped or
Elements if rape by sexual assault: CRIMES AGAINST PERSONAL LIBERTY AND detained or threats to kill him are made; or
SECURITY
1. That the offender commits an act of sexual d. That the person kidnapped or detained is a
assault; Chapter One minor, female, or a public officer.

2. That the act of sexual assault is committed by CRIMES AGAINST LIBERTY Art. 268. Slight illegal detention
any of the following means:
Section One. – Illegal Detention Elements:
a. By inserting his penis into another person’s
mouth or anal orifice; or Art. 267. Kidnapping and serious illegal detention 1. That the offender is a private induvial;

b. By inserting any instrument or object into 2. That he kidnaps or detains another, or in any
Elements:
the genital or anal orifice of another other manner deprives him of his liberty;
person;
1. That the offender is a private individual;
3. That the act of kidnapping or detention is
3. That the act of sexual assault is accomplished illegal;
2. That he kidnaps or detains another, or in any
under any of the following circumstances:
other manner deprives the latter of his liberty;
4. That the crime is committed without the
a. By using force or intimidation; or attendance of any of the circumstances
3. That the act of detention or kidnapping must
be illegal enumerated in Art. 267.
b. When the woman is deprived of reason or
otherwise unconscious; or

ANNESAMBO 36
 RPC BOOKII:ELEMENTS

Art. 269. Unlawful arrest 1. That the minor is living in the home of his Art. 274. Services rendered under compulsion in
parents or guardian or the person entrusted payment if debt
Elements: with his custody;
Elements:
1. That the offender arrests or detains another 2. That the offender induces said minor to
person; abandon such home. 1. That the offender compels a debtor to work for
him, either as a household servant or farm
2. That the purpose of the offender is to deliver Section Three. – Slavery and servitude laborer;
him to the proper authorities;
Art. 272. Slavery 2. That it is against the debtor’s will;
3. That the arrest or detention is not authorized
by law or there is no reasonable ground Elements: 3. That the purpose is to require or enforce the
therefor. payment of a debt.
1. That the offender purchases, sells, kidnaps, or
Section Two. – Kidnapping of minors detains a human being; Chapter Two

Art. 270. Kidnapping and failure to return a minor 2. That the purpose of the offender is to enslave CRIMES AGAINST SECURITY
such human being.
Elements: Section One. – Abandonment of helpless persons
Art. 273. Exploitation of child labor and exploitation of minors
1. That the offender is entrusted with the custody
of a minor person (whether over or under 7 Elements: Art. 275. Abandonment of persons in danger and
years but less than 18 years of age); abandonment of one’s own victim
1. That the offender retains a minor in his service;
2. That he deliberately fails to restore the said Acts punishable under Art. 275:
minor or his parents or guardians. 2. That it is against the will of the minor;
1. By failing to render assistance to any person
Art. 271. Inducing a minor to abandon his home 3. That it is under the pretext of reimbursing whom the offender finds in an uninhabited
himself of a debt incurred by an ascendant, place wounded or in danger of dying when he
Elements: guardian or person entrusted with the custody can render such assistance without detriment
of such minor. to himself, unless such omission shall
constitute more serious offense.

ANNESAMBO 37
 RPC BOOKII:ELEMENTS

Elements: Art. 277. Abandonment of minor by person entrusted 2. That he neglects his children by not giving
with his custody; indifference of parents them education;
a. The place is not inhabited;
Acts punishable under Art. 277: 3. That his station in life requires such education
b. The accused found there a person and his financial condition permits it.
wounded or in danger of dying; 1. By delivering a minor to a public institution or
other persons without the consent of the one Art. 278. Exploitation of minors
c. The accused can render assistance without who entrusted such minor to the care of the
detriment to himself; offender or, in the absence of that one, Acts punished under this article:
without the consent of the proper authorities;
d. The accused fails to render assistance. 1. By causing any boy or girl under 16 years of age
2. By neglecting his (offender’s) child by not to perform any dangerous feat of balancing,
2. By failing to help or render assistance to giving them the education which their station physical strength, or contortion, the offender
another whom the offender has accidentally in life requires and financial condition permits. being any person.
wounded or injured.
Elements of abandonment of minor by one charged 2. By employing children under 16 years of age
3. By failing to deliver a child, under seven years with the rearing or education of said minor: who are not the children or descendants of the
of age whom the offender has found offender in exhibitions of acrobat, gymnast,
abandoned, to the authorities or to his family, 1. That the offender has charge of the rearing or rope-walker, diver, or wild-animal tamer, the
or by failing to take him to a safe place. education of a minor; offender being an acrobat, etc., or circus
manager or person engaged in a similar calling.
Art. 276. Abandoning a minor 2. That he delivers said minor or a public
institution or other persons; 3. By employing any descendant under 12 years of
Elements: age in dangerous exhibitions enumeration in
3. That the one who entrusted such child to the the next preceding paragraph, the offender
1. That the offender has the custody of a child; offender has not consented to such act; or if being engaged in any of the said callings.
the one who entrusted such child to the
2. That the child is under seven years of age; offender is absent, the proper authorities have 4. By delivering a child under 16 years of age
not consented to it. gratuitously to any person following any of the
3. That he abandons such child; calling enumerated in paragraph 2, or to any
Elements of indifference of parents: habitual vagrant or beggar, the offender being
4. That he has no intent to kill the child when the an ascendant, guardian, teacher or person
latter was abandoned. 1. That the offender is a parent;

ANNESAMBO 38
 RPC BOOKII:ELEMENTS

entrusted in any capacity with the care of such 2. That the entrance is made while either of them 1. That the offender threatens another person
child. us uninhabited; with the infliction upon the latter’s person,
honor, or property, or upon that of the latter’s
5. By inducing any child under 16 years of age to 3. That the prohibition to enter be manifest; family, of any wrong.
abandon the home of its ascendants,
guardians, curators or teachers to follow any 4. That the trespasser has not secured the 2. That such wrong amount to a crime;
person engaged in any of the callings permission of the owner or the caretaker
mentioned in paragraph 2 or to accompany any thereof. 3. That there is a demand for money or that any
habitual vagrant or beggar, the offender being other condition is imposed, even though not
any person. Section three. – Treats and coercion unlawful;

Art. 279. Additional penalties for other offenses Art. 282. Grave threats 4. That the offender attains his purpose.

Section Two. – Trespass to dwelling Acts punishable as grave threats: Elements of grave threats not subject to a condition:

Art. 280. Qualified trespass to dwelling 1. By threatening another with the infliction upon 1. That the offender threatens another person
his person, honor or property or that of his with the infliction upon the latter’s person,
family of any wrong amounting to a crime and honor, or property, or upon that of the latter’s
Elements:
demanding money or imposing any other family, of any wrong;
1. That the offender is a private person; condition, even though not unlawful, and the
offender attained his purpose. 2. That such wrong amount to aa crime;
2. That he enters the dwelling of another;
2. By making such threat without the offender 3. That the threat is not subject to a condition.
3. That such entrance is against the latter’s will. attaining his purpose.
Art. 283. Light threats
Art. 281. Other forms of trespass 3. By threatening another with the infliction upon
his person, honor or property or that of his Elements:
family of any wrong amounting to a crime, the
Elements:
threat not being subject to a condition. 1. That the offender makes a threat to commit a
wrong;
1. That the offender enters the closed premises
Elements of grave threats where offender attained
or the fenced estate of another;
his purpose: 2. That the wrong does not constitute a crime;

ANNESAMBO 39
 RPC BOOKII:ELEMENTS

3. That there is a demand for money or that other 2. By compelling another, by means of violence, 4. That the purpose of the offender is to apply the
condition is imposed, even though not threats or intimidation, to do something same to the payment of the debt.
unlawful; against his will, whether it be right or wrong.
Art. 288. Other similar coercions – Compulsory chase
4. That the offender has attained his purpose or, Elements of grave coercions: of merchandise and payment of wages by means of
that he has not attained his purpose. tokens
1. That a person prevented another from doing
Art. 284. Bond for good behavior something not prohibited by law, or that he Acts punished as other similar coercions:
compelled him to do something against his will,
Art. 285. Other light threats be it rights or wrong; 1. By forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or
2. That the prevention or compulsion be effected compelling of the laborer or employee of the
Acts punished as other light threats:
by violence, threats or intimidation; and offender to purchase merchandise or
1. By threatening another with a weapon, or by commodities of any kind from him.
3. That the person that restrained the will and
drawing such weapons in a quarrel, unless it be
liberty of another had not the authority of law 2. By paying the wages due his laborer or
in lawful self-defense.
or the right to do so, or, in other words, that employee by means of tokens or objects other
the restraint shall not be made under authority than the legal tender currency of the
2. By orally threatening another, in the heat of
of law or in the exercise of any lawful right. Philippines, unless expressly requested by such
anger, with some harm constituting a crime,
without persisting in the idea involved in his laborer or employee.
threat. Art. 287. Light coercion
Elements of No. 1:
3. By orally threatening to do another any harm Elements:
not constituting a felony. 1. That the offender is any person, agent or
1. That the offender must be a creditor; officer of any association or corporation;
Art. 286. Grave coercion
2. That he seizes anything belonging to his 2. That he or such firm or corporation has
debtor; employed laborers or employees;
Two ways of committing grave coercions:

3. That the seizure of the thing be accomplished 3. That he forces or compels, directly or
1. By preventing another, by means of violence,
by means of violence or a display of material indirectly, or knowingly permits to be forced or
threats or intimidation, from doing something
force producing intimidation; compelled, any of his or its laborers or
not prohibited by law.
employees to purchase merchandise or

ANNESAMBO 40
 RPC BOOKII:ELEMENTS

commodities of any kind from him or from said DISCOVERY AND REVELATION OF SECRETS Art. 292. Revelation of industrial secrets
firm or corporation.
Art. 290. Discovering secrets through seizure of Elements:
Elements of No. 2: correspondence
1. That the offender is a person in charge,
1. That the offender pays the wages due a laborer Elements: employee or workman of a manufacturing or
or employee employed by him by means of industrial establishment;
tokens or objects; 1. That the offender is a private individual or even
a public officer not in the exercise of his official 2. That the manufacturing or industrial
2. That those tokens or objects are other than the function; establishment has a secret of the industry
legal tender currency of the Philippines; which the offender has learned;
2. That he seizes the papers or letters of another;
3. That such employee or laborer does not 3. That the offender reveals such secrets;
expressly request that he be paid by means of 3. That the purpose is to discover the secrets of
tokens or objects. such another person; 4. That prejudice is caused to the owner.

Art. 289. Formation, maintenance, and prohibition of 4. That offender is informed of the contents of Title Ten
combination of capital or labor through violence or the papers or letters seized.
threats CRIMES AGAINST PROPERTY
Art. 291. Revealing secrets with abuse of office
Elements: Chapter One
Elements:
1. That the offender employs violence or threats, Robbery in general
in such a degree as to compel or force the 1. That the offender is a manager, employee or
laborers or employers in the free and legal servant; Art. 293. Who are guilty of robbery
exercise of their industry or work;
2. That he learns the secrets of his principal or Elements:
2. That the purpose is to organize, maintain or master in such capacity;
prevent coalitions of capital or labor, strike of 1. That there be (a) personal property, (b)
laborers or lockout of employers. 3. That he reveals such secret. belonging to another;

Chapter Three 2. That there is (c) unlawful taking of that

property;

ANNESAMBO 41
 RPC BOOKII:ELEMENTS

3. That the taking must be (d) with intent to gain; injured person is theretofore habitually 3. By attacking a moving train, street car, motor
engaged is inflicted; vehicle, or airship; or
4. That there is (e) violence against or
intimidation of any person or force upon 5. If the violence or intimidation employed in the 4. By entering the passengers’ compartments in a
anything. commission of the robbery is carried to a train, or in any manner taking the passengers
degree clearly unnecessary for the commission thereof by surprise in the respective
Section One. – Robbery with violence against or of the crime. conveyances; or
intimation of persons
N.B.: Homicide is said to have been committed by 5. On a street, road, highway, or alley, and the
Art. 294. Robbery with violence against or reason or on the occasion of robbery if it is committed intimidation is made with the use of firearms,
intimidation of persons (a) to facilitate the robbery or the escape of the the offender shall be punished by the
culprit; (b) to preserve the possession by the culprit maximum periods of the proper penalties
Acts punished as robbery with violence against: of the loot; (c) to prevent discovery of the prescribed in Art. 294.
commission of the robbery; or (d) to eliminate
1. When by reason or on occasion of the robbery witnesses to the commission of the crime. N.B.: Art. 295 does not apply to robbery with
(taking of personal property belonging to homicide, or robbery with rape, or robbery with
another with intent to gain), the crime of N.B.: No such crime as robbery with murder. serious physical injuries under paragraph 1 of Art. 293.
homicide committed.
Art. 295. Robbery with physical injuries, committed in Art. 296. Definition of a band and penalty incurred by
2. When the robbery is accompanied by rape or an uninhabited place and by a band, or with the use the members thereof
intentional mutilation or arson. of firearm on a street, road or alley.
When at least four armed malefactors take part in the
3. When by reason or on occasion of such When is robbery with violence against or commission of a robbery, it is deemed committed by
robbery, any of the physical injuries resulting in intimidation of persons qualified? a band.
insanity, imbecility, impotency or blindness is
inflicted. If any of the offenses defined in subdivisions 3, 4 and A member of the band is liable for any of the assaults
5 of Art. 294 is committed – committed by the other members thereof, when the
4. When by reason or on occasion of robbery, any following requisites concur:
of the physical injuries resulting in the loss of 1. In an uninhabited place; or
the use of speech or the power to hear or to 1. That he was a member of the band;
smell, or the loss of an eye, a hand, a foot and 2. By a band; or
arm, or a leg or the loss of the use if any such 2. That he was present at the commission of a
member or incapacity for the work in which the robbery by that band;

ANNESAMBO 42
 RPC BOOKII:ELEMENTS

3. That the other members of the band 1. That the offender entered (a) an inhabited a. By the braking of doors, wardrobes,
committed an assault; place, or (b) public building; chests, or any other kind of locked or
sealed furniture or receptacle; or
4. That he did not attempt to prevent the assault. 2. That the entrance was effected by any of the
following means: b. By taking such furniture or objects away to
N.B.: When then robbery was not committed by a be broken or forced open outside the
band, the robber who did not take part in the assault a. Through an opening not intended for place of the robbery.
by another is not liable for that assault. entrance or egress;
Art. 300. Robbery in an uninhabited place and by a
Art. 297. Attempted and frustrated robbery b. By breaking any wall, roof, or floor or band
committed under certain circumstances breaking any door or window;
Art. 301. What is an inhabited house, public building,
Art. 298. Execution of deeds by means of violence or c. By using false keys, picklocks or similar or building dedicated to religious worship and their
intimidation tools; or dependencies

d. By using any fictitious name or pretending

Elements: Requisites for dependencies:
the exercise of public authority.
1. That the offender has intent to defraud 1. Must be contiguous to the building;
3. That once inside the building, the offender
another;
took personal property belonging to another
2. Must have an interior entrance connected
with intent to gain.
2. That the offender compels him to sign, therewith;
execute, or deliver any public instrument or
Elements of robbery with force upon things under
document; 3. Must form part of the whole.
subdivision B:

3. That the compulsion is by means of violence or Art. 302. Robbery in an uninhabited place or in a
1. That the offender is inside a dwelling house,
intimidation. private building
public building, or edifice devoted to religious
worship, regardless or the circumstances
Art. 299. Robbery in an inhabited house or public Elements:
under which he entered it;
building or edifice devoted to worship
1. That the offender entered an uninhabited
2. That the offender takes personal property
Elements of robbery with force upon things under belonging to another, with intent to gain, place or a building which was not a dwelling
subdivision A: house, not a public building, or not an edifice
under any of the following circumstances:
devoted to religious worship;
ANNESAMBO 43
 RPC BOOKII:ELEMENTS

2. That any of the following circumstances was 1. That the offender has in his possession Art. 307. Aiding and abetting a band of brigands
present: picklocks or similar tools;
Elements:
a. The entrance was effected through an 2. That such picklocks or similar tools are
opening not intended for entrance or specifically adopted to the commission of 1. That there is a band of brigands;
egress; robbery;
2. That the offender knows the band to be of
b. A wall, roof, or outside door or window 3. That the offender does not have lawful cause brigands;
was broken; for such possession.
3. That the offender does any of the following
c. The entrance was effected through the Art. 305. False keys acts:
use of false keys, picklocks or other similar
tools; Chapter Two a. He, in any manner, aids, abets, or protects
such band of brigands; or
d. A door, wardrobe, chest, or any sealed or BRIGANDAGE
closed furniture or receptacle was broken; b. He gives them information of the
or Art. 306. Who are brigands - Penalty movements of the police or other peace
officers of the Government; or
e. A closed or sealed receptacle was
There is brigandage when –
removed, even if the same be broken open c. He acquires or received the property taken
elsewhere. by such brigands.
1. There be at least four armed persons;

3. That with intent to gain, the offender took Chapter Three

2. They formed a band of robbers;
therefrom personal property belonging to
another. THEFT
3. The purpose is any of the following:

Art. 303. Robbery of cereals, fruits, or firewood in an a. To commit robbery in the highway; Art. 308. Who are liable for theft
uninhabited place or private building b. To kidnap persons for the purpose of
extortion or to obtain ransom; or Elements:
Art. 304. Possession of picklocks or similar tools
c. To attain by means of force and violence 1. That there be taking of personal property;
Elements: any other purpose.
2. That said property belongs to another;

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3. That the taking be done with intent to gain; other calamity, vehicular accident or civil Art. 312. Occupation of real property or usurpation of
disturbance. real rights in property
4. That the taking be done without the consent of
the owner; P.D. No. 1612 (Anti-Fencing Law): Acts publishable under Art. 312:

5. That the taking be accomplished without the Elements of fencing: 1. By taking possession of any real property
use of violence against or intimidation of belonging to another by means of violence
persons or force upon things. 1. The crime of robbery or theft has been against or intimidation of persons;
committed;
N.B.: There is no crime of frustrated theft. 2. By usurping any real rights in property
2. The accused, who is not a principal or belonging to another by means of violence
Art. 309. Penalties accomplice in the commission of the crime of against or intimidation of persons.
robbery or theft, buys, receives, possesses,
Art. 310. Qualified theft keeps, acquires, conceals, sells or disposes, or Elements:
buys and sells, or in any manner deals in any
article, item, object or anything of value, which 1. That the offender takes possession of any real
Theft is qualified –
has been derived from the proceeds of the said property or usurps any real rights in property;
crime;
1. If the theft is committed by a domestic servant;
2. That the real property or real rights belong to
3. The accused knows or should have known that another;
2. If the theft is committed with grave abuse of
the said article, item, object or anything of
confidence;
value has been derived from the proceeds of 3. That violence against or intimidation of
the crime of robbery or theft; persons is used by the offender in occupying
3. If the property stolen is a (a) motor vehicle, (b)
mail matter, or (c) large cattle; real property or usurping real rights un
4. There is, on the part of the accused, intent to property;
gain for himself or another.
4. If the property stolen consists of coconuts
taken from the premises of a plantation; 4. That there is intent to gain.
Art. 311. Theft of the property of the National Library
5. If the property stolen is fish taken from a and national Museum Art. 313. Altering boundaries or landmarks
fishpond or fishery;
Chapter Four Elements:
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any USURPATION

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 RPC BOOKII:ELEMENTS

1. That there be boundary marks or monuments 2. That damage or prejudice capable of pecuniary 2. That there be misappropriation or conversion
of towns, provinces, or estates, or any other estimation is caused to the offended party of of such money or property by the offender, or
marks intended to designate the boundaries of third person. denial on his part of such receipt;
the same;
The first element covers three different ways of 3. That such misappropriation or conversion or
2. That the offender alters said boundary marks. committing estafa: denial is to the prejudice of another; and

Chapter Five Estafa is committed – 4. That there is a demand made by the offended
party to the offender.
CULPABLE INSOLVENCY 1. with unfaithfulness or abuse of confidence;
Elements of estafa by taking undue advantage of the
Art. 314. Fraudulent insolvency 2. by means of false pretenses or fraudulent acts; signature in blank:
or
Elements: 1. That the paper with the signature of the
3. through fraudulent means. offended party be in blank;
1. That the offender is a debtor; that is, he has
obligations due and payable; Elements of estafa with unfaithfulness: 2. That the offended party should have delivered
it to the offender;
2. That he absconds with his property; 1. That the offender has an onerous obligation to
deliver something of value; 3. That above the signature of the offended party
3. That there be prejudice to his creditor. a document is written by the offender without
2. That he alters its substance, quantity, or authority to do so;
Chapter Six quality;
4. That the document so written creates a liability
SWINDLING AND OTHER DECEITS 3. That damage or prejudice is caused to another. of, or causes damage to, the offended party or
any third person.
Art. 315. Swindling (Estafa) Elements of estafa with abuse of confidence:
Elements of estafa by means of deceit:
1. That money, goods, or other personal property
Elements:
be received by the offender in trust, or on 1. That there must be a false pretense, fraudulent
commission, or for administration, or under act or fraudulent means;
1. That the accused defrauded another (a) by
any other obligation involving the duty to make
abuse of confidence, or (b) by means of deceit;
delivery of, or to return, the same;
and

ANNESAMBO 46
 RPC BOOKII:ELEMENTS

2. That such false pretense, fraudulent act or 2. That deceit be employed to make him sign the c. That the person who makes or draws and
fraudulent means must be made or executed document; issues the check knows at the time of issue
prior to or simultaneously with the commission that he does not have sufficient funds un
of the fraud; 3. That the offended party personally signed the or credit with the drawee bank for the
document; payment of such check in full upon its
3. That the offended party must have relied on presentment;
the false pretense, fraudulent act, or 4. That prejudice be caused.
fraudulent means, that is, he was induced to d. That the check is subsequently dishonored
part with his money or property because of the N.B.: There is no estafa through negligence. by the drawee bank for insufficiency of
false pretense, fraudulent act, or fraudulent funds or credit, or would have been
means; B.P. Blg. 22 dishonored for the same reason had not
the drawer, without any valid reason,
4. That as a result thereof, the offended party B.P. Blg. 22 may be violated in two ways: ordered the bank to stop payment.
suffered damage.
1. By making or drawing and issuing any check to 2. Having sufficient funds in or credit with the
Elements of estafa by postdating a check or issuing a apply on account or for value, knowing at the drawee bank when he makes or draws and
check in payment of an obligation: time of issue that he does not have sufficient issues a check, by failing to keep sufficient
funds in or credit with the drawee bank for the funds or to maintain a credit to cover the full
1. That the offender postdated a check, or issued payment of such check in full upon its amount of the check if presented within a
a check in payment of an obligation; presentment, which check is subsequently period of 90 days from the date appearing
dishonored by the drawee bank for thereon, for which reason it is dishonored by
2. That such postdating or issuing a check was insufficiency of funds or credit or would have the drawee bank.
done when the offender had no funds in the been dishonored for the same reason had bot
bank, or his funds deposited therein were not the drawer, without any valid reason, ordered Elements:
sufficient to cover the amount of the check. the bank to stop payment.
a. That a person has sufficient funds in or credit
Elements of estafa by inducing another to sign any Elements: with the drawee bank when he makes or draws
document: and issues a check;
a. That a person makes or draws and issues
1. That the offender induced the offended party any check; b. That he fails to keep sufficient funds or to
to sign a document; maintain a credit to cover the full amount of
b. That the check is made or drawn and the check if presented within a period of 90
issued to apply on account or for value; days from the date appearing thereon;

ANNESAMBO 47
 RPC BOOKII:ELEMENTS

c. That the check is dishonored by the drawee 2. That the offender knew that the real property Par. 6 – By selling, mortgaging or encumbering real
bank. was encumbered, whether the encumbrance is property or properties with which the offender
recorded or not; guaranteed the fulfillment of his obligation as surety.
Art. 316. Other forms of swindling
3. That there must be express representation by Elements:
Par. 1 – By conveying, selling, encumbering, or the offender that the real property is free from
mortgaging ay real property, pretending to be the encumbrance; 1. That the offender is a surety in a bond given in
owner of the same. a criminal or civil action;
4. That the act of disposing of the real property
Elements: be made to the damage of another 2. That he guaranteed the fulfillment of such
obligation with his real property or properties;
1. That the thing be immovable, such as a parcel Par. 3 – By wrongfully taking by the owner his
of land or a building; personal property from its lawful possessor. 3. That he sells, mortgages, or, in any other
manner encumbers said real property;
2. That the offender who is not the owner of said Elements:
property should represent that he is the owner 4. That such sale, mortgage or encumbrance is (a)
thereof; 1. That the offender is the owner of personal without express authority from the court, or
property; (b) made before the cancellation of his bond,
3. That the offender should have executed an act or (c) before being relieved from the obligation
of ownership (selling, leasing, encumbering, or 2. That said personal property is in the lawful contracted by him.
mortgaging the real property); possession of another;
4. That the act be made to the prejudice of the Elements of syndicated estafa:
owner or a third person. 3. That the offender wrongfully takes it from its
lawful possessor; 1. That estafa or other forms of swindling as
Par. 2 – By disposing of real property as free from defined in Art 315 and 316 of the RPC is
encumbrance, although such encumbrance be not 4. That prejudice is thereby caused to the committed;
recorded. possessor or third person.
2. That estafa or swindling is committed by a
Elements: Par. 4- By executing any fictitious contract to the syndicate of five or more persons;
prejudice of another.
1. That the thing disposed of be real property; 3. That defraudation results in the
Par. 5 – By accepting any compensation for services misappropriation of moneys contributed by
not rendered or for labor nor performed. stockholders, or members of rural banks,

ANNESAMBO 48
 RPC BOOKII:ELEMENTS

cooperatives, “samahang nayon(s),” or 2. By interpreting dreams, by making forecasts, Elements of selling or pledging personal property
farmers’ associations or of funds solicited by by telling fortunes, or by taking advantage of already pledged:
corporations/associations from the general the credulity of the public in any other similar
public. manner, for profit or gain. 1. That personal property is already pledged
under the terms of the Chattel Mortgage Law;
Art. 317. Swindling a minor Chapter Seven
2. That the offender, who is the mortgagor of
Elements: CHATTEL MORTGAGE such property, sells or pledges the same or any
part thereof;
1. That the offender takes advantage of the Art. 319. Removal, sale or pledge of mortgaged
inexperience or emotions or feelings of a property 3. That there is no consent of the mortgagee
minor; written on the back of the mortgage and noted
Elements of knowingly removing mortgaged on the record thereof in the office of the
2. That he induces such minor (a) to assume an personal property: register of deeds.
obligation, or (b) to give release, or (c) to
execute a transfer of any property right; 1. That personal property is mortgages under the Chapter Eight
Chattel Mortgage Law;
3. That the consideration is (a) some loan of ARSON AND OTHER CRIMES INVOLVING
money, (b) credit, or (c) other personal 2. That the offender knows that such property is DESTRUCTION
property; so mortgaged;
Art. 320. Destruction arson
4. That the transaction is to the detriment of such 3. That he removes such mortgages personal
minor. property to any province or city other than the Art. 321. Other forms of arson
one in which it was located at the time of the
Art. 318. Other deceits execution of the mortgage; Art. 322. Cases of arson not included in the preceding
articles
Other deceits are: 4. That the removal is permanent;

Art. 323. Arson of property of small value

1. By defrauding or damaging another by any 5. That there is no written consent of the
other deceit not mentioned in the preceding mortgagee or his executors, administrators or
assigns to such removal. Art. 324. Crimes involving destruction
articles;

Elements:

ANNESAMBO 49
 RPC BOOKII:ELEMENTS

1. The offender causes destruction; Art. 326-B. Prima facie evidence of arson 4. Causing damage to the property of the
National museum or National Library, or to any
2. Destruction is caused by any of the following N.B.: There is no complex crime of arson with archive or registry, waterworks, road,
means: homicide. promenade, or any other thing used in
common by the public.
a. explosion; Chapter Nine
Art. 329. Other mischiefs
b. discharge of electric current; MALICIOUS MISCHIEF
c. inundation, sinking or stranding of a Art. 330. Damage and obstruction to means of
vessel, or intentional damaging of the Art. 327. Who are liable for malicious mischief communication
engine of said vessel;
Elements:
Art. [Link] or damaging statues, public
d. taking up the rails from a railway track;
1. That the offender deliberately caused damage monument, or paintings
to the property of another;
e. maliciously changing railway signals for
the safety of moving trains; Chapter Ten
2. That such act does not constitute arson or
other crimes involving destruction; EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES
f. destroying telegraph wires and telegraph
AGAINST PROPERTY
posts, or those of any other system;
3. That the act of damaging another’s property
be committed merely for the sake of damaging Art. 332. Persons exempt from criminal liability
g. using any other agency or means of
it.
destruction as effective as those above * Absolutory cause
enumerated.
Art. 328. Special cases of malicious mischief Crimes involved in the exemption:
Art. 325. Burning one’s own property as a means to
The special cases of malicious mischief: 1. Theft;
commit arson

1. Causing damage to obstruct the performance 2. Swindling (Estafa);

Art. 326. Setting fire to property exclusively owned of public functions.
by the offender
3. Malicious Mischief
2. Using any poisonous or corrosive substance.
Art. 326-A. In cases where death resulted as a Persons exempt from criminal liability:
consequence of arson 3. Spreading any infection or contagion among
cattle.
ANNESAMBO 50
 RPC BOOKII:ELEMENTS

1. Spouses, ascendants and descendants, or 2. That she has sexual intercourse with a man not 3. That as regards the woman, she must know
relatives by affinity in the same line. her husband; him to be married.

2. The widowed spouse with respect to the 3. That as regards the man with whom she has Chapter Two
property which belonged to the deceased sexual intercourse, he must know her to be
spouse before the same passed into the married. RAPE AND ACTS OF LASCIVIOUSNESS
possession of another.
Art. 334. Concubinage Art. 335. When and how rape is committed
Elements:
Three ways of committing the crime of concubinage: Art. 336. Acts of lasciviousness
a. The property belongs to the deceased
spouse; and 1. By keeping a mistress in the conjugal dwelling; Elements:

b. It has not passed into the possession of a 2. By having sexual intercourse, under 1. That the offender commits any act of
third person. scandalous circumstances, with a woman who lasciviousness of lewdness;
is not his wife;
3. Brothers and sisters and brothers-in-law and
2. That the act of lasciviousness is committed
sisters-in-law, if living together. 3. By cohabiting with her in any other place. against a person of either sex;

Title Eleven Elements: 3. That it is done under any of the following

circumstances:
CRIMES AGAINST CHASTITY 1. That the man must be married;
a. By using force or intimidation;
Chapter One 2. That he committed any of the following acts:
b. When the offended party is deprived of
ADULTERY AND CONCUBINAGE a. Keeping a mistress in the conjugal reason or otherwise unconscious;
dwelling;
Art. 333. Who are guilty of adultery c. By means of fraudulent machination or
b. Having sexual intercourse under grave abuse of authority;
Elements: scandalous circumstances with a woman
who is not his wife; d. When the offended party is under 12 years
1. That the woman us married; of age or is demented.
c. Cohabiting with her in any other place.

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 RPC BOOKII:ELEMENTS

Chapter Three 3. That the offender has sexual intercourse with 3. Enlisting the services of women for the
her; purpose of prostitution.
SEDUCTION, CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE 4. That it is committed by means of deceit. Chapter Four

Art. 337. Qualified seduction Art. 339. Acts of lasciviousness with the consent of ABDUCTION
the offended party
Elements of qualified seduction of a virgin: Art. 342. Forcible abduction
Elements:
1. That the offended party is a virgin, which is Elements:
presumed if she is unmarried and of good 1. That the offender commits acts of
reputation; lasciviousness or lewdness; 1. That the person abducted is a woman,
regardless of her age, civil status, or
2. That she must be over 12 and under 18 years of 2. That the acts are committed upon a woman reputation;
age; who is virgin or single or widow of good
reputation, under 18 years of age but over 12 2. That the abduction is against her will;
3. That the offender has sexual intercourse with years, or a sister or descendant regardless of
her; her reputation or age; 3. That the abduction is with lewd designs.

4. That there is abuse of authority, confidence or 3. That the offender accomplishes the acts by Art. 343. Consented abduction
relationship on the part of the offender. abuse of authority, confidence, relationship or
deceit. Elements:
Art. 338. Simple seduction
Art. 340. Corruption of minors 1. That the offended party must be a virgin;
Elements:
Art. 341. White slave trade 2. That she must be over 12 years and under 18
1. That the offended party is over 12 years and years of age;
under 18 years of age; Acts penalized as white slave trade:
3. That the taking away of the offended party
2. That she must be of good reputation, single or 1. Engaging in the business of prostitution. must be with her consent, after solicitation or
widow; cajolery from the offender;
2. Profiting by prostitution. 4. That the taking away of the offended party
must be with lewd designs.

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 RPC BOOKII:ELEMENTS

Chapter Five Title Twelve Art. 348. Usurpation of civil status

PROVISIONS RELATIVE TO THE PRECEDING CRIMES AGAINST THE CIVIL STATUS OF PERSONS Chapter Two
CHAPTERS OF TITLE ELEVEN
Chapter One ILLEGAL MARRIAGES
Art. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape, and acts of SIMULATION OF BIRTHS AND USURPATION OF Art. 349. Bigamy
lasciviousness CIVIL STATUS
Elements:
1. Adultery and concubinage must be prosecuted Art. 347. Simulation of births, substitution of one
upon complaint signed by the offended spouse. child for another, and concealment or abandonment 1. That the offender has been legally married;
of a legitimate child
2. Seduction, abduction, rape or acts of 2. That the marriage has not been legally
lasciviousness must be prosecuted upon Acts punished under Art. 347: dissolved or, in case his or her spouse is absent,
complaint by – the absent spouse could not yet be presumed
1. Simulation of births. dead according to the Civil Code;
a. offended party;
2. Substitution of one child for another. 3. That he contracts a second or subsequent
b. her parents; marriage;
3. Concealing or abandoning any legitimate child
c. grandparents; or with intent to cause such child to lose its civil 4. That the second or subsequent marriage has all
status. the essential requisites for validity.
d. guardians in the order in which they are
names above. Elements: N.B. Bigamy is not a private crime.

N.B.: Rape may be prosecuted de officio. a. The child must be legitimate; Art. 350. Marriage contracted against provisions of
laws
Art. 345. Civil liability of persons guilty of crimes b. The offender conceals or abandons such
against chastity child;
Elements:

Art. 346. Liability of ascendants, guardians, teachers, c. The offender has the intent to cause such
1. That the offender contracted marriage;
or other persons entrusted with the custody of the child to lose its civil status.
offended party 2. That he knew at the time that –
ANNESAMBO 53
 RPC BOOKII:ELEMENTS

a. the requirements of the law were not 5. That the imputation must tend to cause the 3. That the statements in the communication are
complied with; or dishonor, discredit or contempt of the person made in good faith without malice (in fact).
defamed.
b. the marriage was in disregard of a legal Par. 2 – Fair and true report
impediment. Art. 354. Requirement for publicity
Elements:
Art. 351. Premature marriages Two kinds of privileged communication:
1. That it is a fair and true report of a judicial,
Art. 352. Performance of illegal marriage 1. Absolute – when a communication is not legislative, or other official proceedings which
actionable, even if its author has acted in bad are not of confidential nature, or of a
faith. statements, report or speech delivered in said
Title Thirteen
proceedings, or of any other act performed by
2. Conditional or qualified – those a public officer in the exercise of his functions;
CRIMES AGAINST HONOR
communications which, although containing
defamatory imputations, would not be 2. That it is made in good faith;
Chapter One
actionable unless made with malice or bad
faith. 3. That it is without any comments or remarks.
LIBEL

Par. 1 – Private communication made by any person Art. 355. Libel by means of writings or similar means
Art. 353. Definition of libel
to another in the performance of any legal, moral, or
social duty. Art. 356. Threatening to publish and offer to prevent
Elements of defamation:
such publication for a competition
Elements:
1. That there must be an imputation of a crime, or
of a vice or defect, real or imaginary, or any act, Acts punished under Art. 356:
1. That the person who made the communication
omission, status or circumstance;
had a legal, moral or social duty to make the 1. By threatening another to publish a libel
communication, or, at least, he had an interest concerning him, or his parents, spouse, child,
2. That the imputation must be made publicly;
to be upheld; or other members of his family.
3. That it must be malicious;
2. That the communication is addressed to an 2. By offering to prevent the publication of such
officer or a board, or superior, having some libel for compensation, or money
4. That the imputation must be directed to a
interest or duty in the matter; consideration.
natural or juridical person, or one who is dead;

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 RPC BOOKII:ELEMENTS

Art. 357. Prohibited publication of acts referred to in Art. 360. Persons responsible Chapter Two
the course of official proceedings
The persons responsible for libel are: INCRIMINATORY MACHINATION
Elements:
1. The person who publishes, exhibits or causes Art. 363. Incriminating innocent persons
1. That the offender is a reported, editor or the publication or exhibition of any defamation
manager of a newspaper daily or magazine; in writing or similar means. Elements:

2. That he publishes facts connected with the 2. The author or editor of a book or pamphlet. 1. That the offender performs an act;
private life of another;
3. The editor or business manager of a daily 2. That by such act he directly incriminates or
3. That such facts are offensive to the honor, newspaper magazine or serial publication. imputes to an innocent person the commission
virtue and reputation of said person. of a crime;
4. The owner of the printing plant which
Art. 358. Slander publishes a libelous article with his consent and 3. That such act does not constitute perjury.
all other persons who in any way participate in
Art. 359. Slander by deed or have connection with its publication. Art. 364. Intriguing against honor

Elements: Art. 361. Proof of the truth Title Fourteen

1. That the offender performs any act not Proof of truth is admissible in any of the following: QUASI-OFFENSES
included in any other crime against honor;
1. When the act or omission imputed constitutes Sole Chapter
2. That such act is performed in the presence of a crime regardless of whether the offended
other person or persons; party is a private individual or a public officer. CRIMINAL NEGLIGENCE

3. That such act casts dishonor, discredit or 2. When the offended party is a Government Art. 365. Imprudence and negligence
contempt upon the offended party. employee, even if the act or omission imputed
does not constitute a crime, provided, it is The quasi-offenses under Art. 365 are committed in
Section Two. – General provisions related to the discharge of his official duties. four ways:

Art. 362. Libelous remarks 1. By committing through reckless imprudence

any act which, had it been intentional, would
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 RPC BOOKII:ELEMENTS

constitute a grave or less grave felony or light b. degree of intelligence, physical condition;
felony (Par. 1).
c. other circumstances regarding persons,
2. By committing through simple imprudence or time and place.
negligence an act which would otherwise
constitute a grave or a less serious felony (Par. Elements of simple imprudence:
2).
1. That there is lack of precaution on the part of
3. By causing damage to the property of another the offender;
through reckless imprudence or simple
imprudence or negligence (Par. 3). 2. That the damage impending to be caused is not
immediate or the danger is not clearly
4. By causing through simple imprudence or manifest.
negligence some wrong which, if done
maliciously, would have constituted a light
felony (Par. 4).

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;

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