University of the Cordilleras

COLLEGE OF LAW
Baguio City

CRIMINAL LAW 2
2nd Semester, AY 2020- 2021

Judge Isagani G. Calderon, LLM

Email address: [email protected]

GENERAL INSTRUCTIONS

Scope and Methodology: This is a course featuring a comprehensive appraisal of

specific felonies penalized in Book Two of the Revised Penal Code (RPC), as amended,
their nature, elements and corresponding penalties, including all enacted Special Penal
Laws. Recitations, lectures, field observations and other written requirements may be
prescribed in the course of the semester. Recitation is called and graded daily; absence
when called for recitation merits an automatic grade of 5.0 for that session.

Grading: Passing grade for the course is 75%. The final grade will be based on the
following component items and their respective weights: Graded Recitation – 40%;
Midterm Examination – 30% and Final Examination – 30%. Short quizzes and other
requirements may be given in lieu of or in addition to daily graded recitations; these will
be considered part of the recitation.

Course Material: Primary course materials are The Revised Penal Code and Special
Penal Laws indicated in the outline. Secondary materials are commentaries (Luis B.
Reyes – 2019 edition) and reviewers (Leonor B. Boado – 2019 edition). We will also use
the Special Penal laws, 2019 edition of Judge Marlo Campanilla for our discussion on
Special Penal Laws.

“Hate evil. Love Good. Get justice”

Amos 5:15

COURSE OUTLINE

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
 I.Chapter One
CRIMES AGAINST NATIONAL SECURITY
SECTION ONE — TREASON AND ESPIONAGE
A. ART. 114 - TREASON

1. ELEMENTS
2. Modes of committing
3. Meaning of aid/comfort
4. Ways of proving treason
5. Treason as a CONTINUOUS OFFENSE
6. Laurel v. Misa, 77 Phil. 856
7. 52 Am Jur 797
8. People vs. Mangahas G.R. No L5367 and L5368
9. People vs. Adlawan, G.R. No. L-456, March 29, 1949
10. People vs. Racaza, G.R. No. L-365, January 21,
1949
11. People v. Perez, 83 Phil. 314
12. People v. Prieto, 80 Phil, 138
13. People v. Manayao, 78 Phil. 721
14. People v. Adriano, 78 Phil. 561

B. ART. 115 - CONSPIRACY & PROPOSAL TO COMMIT

TREASON

C. ART. 116 - MISPRISION OF TREASON

D. ART. 117 - ESPIONAGE

1. Two ways of commission

2. Commonwealth Act No. 616, June 04, 1941 (AN ACT TO
PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST
THE NATIONAL SECURITY)
3. Distinction between Espionage and Treason
4. Go Tian Sek Santos v. Misa, G.R.No. L-319, March 28,
1946

SECTION TWO — PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

A. ART. 118 - INCITING TO WAR OR GIVING MOTIVES FOR

REPRISALS

B. ART. 119 - VIOLATION OF NEUTRALITY

 C. ART. 120 - CORRESPONDENCE WITH HOSTILE
COUNTRY

D. ART. 121 - FLIGHT TO ENEMY’S COUNTRY

SECTION THREE. — PIRACY AND MUTINY ON THE HIGH SEAS

A. ART. 122- PIRACY IN GENERAL & MUTINY ON THE

HIGH SEAS
1. Definition of high seas
2. PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
LAW OF 1974). Include definition of terms and punishable acts
3. People v. Lol-lo and Saraw, 43 Phil 19
4. People v. Rodriguez, 135 SCRA 485
5. People v. Siyoh, 141 SCRA 356
B. ART. 123- QUALIFIED PIRACY

II.REPUBLIC ACT NO. 6235, THE ANTI-HIJACKING LAW

III.ANTI-TERRORISM LAW OF 2020 (R.A. 11479)

A. Punishable Acts of Terrorism

B. Persons Liable

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE

Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

I.SECTION ONE — ARBITRARY DETENTION AND EXPULSION

 N.B. All offenses in this Title are required to be committed by public officers
except offending the religious feelings

A. ART. 124- ARBITRARY DETENTION

1. ELEMENTS
2. LEGAL GROUNDS FOR THE DETENTION OF PERSONS
3. Rule 112, sec. 6 Rule 113, sec. 5
4. People v. Santiano, G.R. No. 123979
5. US v. Santos, G.R. No. 12779
6. People v. Misa,C.A., 36 OG 3496
7. Umil v. Ramos, 187 SCRA 311
8. People v. Burgos, 144 SCRA 1
9. Milo v. Salanga, 152 SCRA 113

B. ART. 125- DELAY IN THE DELIVERY OF DETAINED PERSONS

TO THE PROPER JUDICIAL AUTHORITIES

1. If offender is a private individual – the crime is ILLEGAL

DETENTION under Art. 267
2. Executive Order 272, amendment
3. Rule 112, sec. 7
4. Rule 113, Sec 5
5. RA 7438 (An Act Defining Certain Rights Of Person Arrested,
Detained Or Under Custodial Investigation)
6. Soria v. Desierto, G.R. Nos. 153524-25, January 31, 2005
7. Agbay v. Natividad, G.R. No. 134503, July 2, 1999
8. Alberto v. De la Cruz, 98 SCRA 406

C. ART. 126- DELAYING RELEASE

D. ART. 127- EXPULSION

1. Villavicencio v. Lukban, G.R. No. 14639, March 25,

1919

II.SECTION TWO — VIOLATION OF DOMICILE

A. ART. 128-VIOLATION OF DOMICILE

1. PUNISHABLE ACTS
2. COMMON ELEMENTS
3. QUALIFYING CIRCUMSTANCES
 B. ART. 129- SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED

1. Rule 126
2. Stonehill v. Diokno, 20 SCRA 383
3. Burgos v. Chief of Staff, 133 SCRA 800

C. ART. 130- SEARCHING DOMICILE WITHOUT

WITNESSES

III.SECTION THREE — PROHIBITION, INTERRUPTION AND DISSOLUTION

OF PEACEFUL MEETINGS

D. ART.131-PROHIBITION, INTERRUPTION, &

DISSOLUTION OF PEACEFUL MEETINGS

IV.SECTION FOUR — CRIMES AGAINST RELIGIOUS WORSHIP

A. ART. 132- INTERRUPTION OF RELIGIOUS WORSHIP

1. ELEMENTS
2. QUALIFYING CIRCUMSTANCES

B. ART. 133- OFFENDING RELIGIOUS FEELINGS

1. People v. Mandoriao, 51 OG 4619

2. People v. Baes, 68 Phil. 203
3. People v. Tengson, 67 OG 1552
4. People v. Nanoy, 69 OG 8043
V.ANTI-TORTURE ACT OF 2009 (R.A. 9745)

A. Punishable Acts

B. Persons Liable

Title Three
 CRIMES AGAINST PUBLIC ORDER

Chapter One

I.REBELLION, SEDITION AND DISLOYALTY

A. ART. 134- REBELLION/INSURRECTION

1. Doctrine of Absorption
2. Lagman v. Medeldea, G.R. No. 231658, July 4, 2017

B. REPUBLIC ACT NO. 6968 (AN ACT PUNISHING THE CRIME OF

COUP D'ÉTAT BY AMENDING ARTICLES 134, 135 AND 136 OF
CHAPTER ONE, TITLE THREE OF ACT NUMBERED THIRTY-EIGHT
HUNDRED AND FIFTEEN, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, AND FOR OTHER PURPOSES)

1. Enrile v. Salazar, 186 SCRA 217

2. Umil v. Ramos, supra
3. Enrile v. Amin, 189 SCRA 573
4. People v. Dasig, 221 SCRA 549
5. People v. Lovedioro, 250 SCRA 389

C. ART. 137- DISLOYALTY OF PUBLIC OFFICERS /EMPLOYEES

D. ART. 138- INCITING TO REBELLION / INSURRECTION

E. ART. 139- SEDITION

• People v. Cabrera, 43 Phil. 64

• People vs. Umali

F. ART. 140- PENALTY FOR SEDITION

G. ART. 141- CONSPIRACY TO COMMIT SEDITION

H. ART. 142- INCITING TO SEDITION

1. U.S. v. Tolentino, 5 Phil. 682
2. Espuelas v. People, 90 Phil. 524
3. Umil v. Ramos, supra

II.REPUBLIC ACT NO. 10591 OR THE COMPREHENSIVE FIREARMS AND

AMMUNITIONS REGULATION ACT (CFARA)
 • DECREE CODIFYING THE LAWS ON ILLEGAL /
UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES (P.D. 1866, AS AMENDED BY R.A. 8294 AS
AMENDED BY RA 10591)

• FOCUS ON FIREARMS AS AN ELEMENT OF THE

CRIMES OF REBELLION, INSURRECTION, SEDITION,
OR ATTEMPTED COUP D’ETAT

1. People v. Quijada, 259 SCRA 225

2. People v. Feloteo, 295 SCRA 607
3. People v. Narvasa, 298 SCRA 637
4. Advincula vs. CA, 2000
5. People vs. Tac-an, 1990
6. Misolas vs. Panga, 1990
7. Baylosis vs. Chavez, 1991
8. People vs. Tiozon, 1991
9. People vs. Gracia, 1994
10. People vs. Garcia, 2002
11. People vs. Garcia, 2000
12. People vs. Nepomuceno, 1999
13. People vs. Evangelista, 1996

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

I. SECTION ONE — CRIMES AGAINST LEGISLATIVE BODIES AND

SIMILAR BODIES

A. ART.143- ACTS TENDING TO PREVENT THE MEETING OF THE

ASSEMBLY AND SIMILAR BODIES
B. ART. 144- DISTURBANCE OF PROCEEDINGS

II.SECTION TWO. — VIOLATION OF PARLIAMENTARY IMMUNITY

A. ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY

 • Martinez v. Morfe, 44 SCRA 22

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

A. ART. 146 ILLEGAL ASSEMBLIES

1. FORMS OF ILLEGAL ASSEMBLY

2. PERSONS LIABLE IN ILLEGAL ASSEMBLY
3. PRESUMPTIONS

B. ART. 147 ILLEGAL ASSOCIATIONS

1. Prohibited Associations
2. PERSONS LIABLE

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR AGENTS

A. ART. 152- PERSONS IN AUTHORITY & AGENTS OF PERSONS

IN AUTHORITY

• Distinctions between Public Officer, Person in Authority

and Agent of a Person in Authority

B. ART. 148- DIRECT ASSAULTS

1. KINDS
2. TWO WAYS TO COMMIT
3. WHEN DIRECT ASSAULT IS QUALIFIED
4. Records of the Batasan, Volume Four, 1984-1985 of B.P
Blg. 873,
5. People vs. Recto, G.R. No. 129069, October 17, 2001
6. Clarin v. Justice of Peace, G.R. No. L-7661, April 30, 1955
7. People v. Beltran, 138 SCRA 521
8. People v. Dollantes, 151 SCRA 592

C. ART. 149- INDIRECT ASSAULT

D. ART. 150- DISOBEDIENCE TO SUMMONS ISSUED BY THE

NAT’L ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
 CONST. COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR
DIVISIONS

E. ART. 151- RESISTANCE & DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON
1. ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE
2. ELEMENTS OF SIMPLE DISOBEDIENCE
3. Distinguish Direct Assault and Resistance

Chapter Five
PUBLIC DISORDERS

A. ART. 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC

ORDER

B. ART. 154- UNLAWFUL USE OF MEANS OF PUBLICATION &

UNLAWFUL UTTERANCES

C. ART. 155- ALARMS & SCANDALS

• Definition of CHARIVARI

D. ART. 156- DELIVERING PRISONERS FROM JAILS

• Alberto vs. Dela Cruz

Chapter Six
EVASION OF SERVICE OF SENTENCE

A. ART.157- EVASION OF SERVICE OF SENTENCE

1. CIRCUMSTANCES QUALIFYING THE OFFENSE

2. TANEGA V. MASAKAYAN, 19 SCRA 564
3. PEOPLE V. ABILONG, 82 PHIL 172

B. ART. 158- EVASION OF SENTENCE ON THE OCCASION OF

DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER
CALAMITIES

• See Republic Act 10592

 C. ART. 159- OTHER CASES OF EVASION OF SENTENCE
(CONDITIONAL PARDON)

1. Offender can be arrested and reincarcerated without trial – in

accordance with Sec. 64(I) of the RAC
2. Torres v. Gonzales, 152 SCRA 272

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE

D. ART. 160- COMMISSION OF ANOTHER CRIME DURING THE

SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (QUASI-RECIDIVISM)

1. ELEMENTS OF QUASI-RECIDIVISM
2. WHO CAN BE PARDONED:
3. People v. Quijada, 259 SCRA 225
4. People v. Feloteo, 295 SCRA 607
5. People v. Narvasa, 298 SCRA 637

Title Four
CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES

i.SECTION ONE. — FORGING THE SEAL OF THE GOVERNMENT OF THE

PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE

A. ART. 161- COUNTERFEITING THE SEAL OF THE

GOVERNMENT, THE SIGNATURE, OR THE STAMP OF THE CHIEF
EXEC.
 B. ART. 162- USING FORGED SIGNATURE OR COUNTERFEIT
SEAL OR STAMP

II.SECTION TWO — COUNTERFEITING COINS

A. ART. 163- MAKING AND IMPORTING AND UTTERING FALSE

COINS

B. ART. 164- MUTILATION OF COINS- IMPORTATION &

UTTERANCE OF MUTILATED COINS

C. PRESIDENTIAL DECREE No. 247

1. Mutilation of foreign currency not included

2. People v. Kong Leon, 48 OG 664

D. ART. 165- SELLING OF FALSE OR MUTILATED COIN WITHOUT

CONNIVANCE

III.SECTION THREE — FORGING TREASURY OR BANK NOTES,

OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE
OR FORGED NOTES, OBLIGATIONS AND SECURITIES

A. ART. 166- FORGING TREASURY OR BANK NOTES OR OTHER

DOCUMENTS PAYABLE TO THE BEARER; IMPORTING AND
UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS

• People vs. Valencia

B. ART. 167-COUNTERFEITING, IMPORTING, & UTTERING

INSTRUMENTS NOT PAYABLE TO THE BEARER

C. ART.168- ILLEGAL POSSESSION & USE OF FALSE

TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF
CREDIT

D. ART. 169- HOW FORGERY IS COMMITTED

1. Del Rosario v. People, 3 SCRA 650

2. People v. Galano, 54 OG 5897
IV.SECTION FOUR. — FALSIFICATION OF LEGISLATIVE, PUBLIC,
COMMERCIAL, AND PRIVATEDOCUMENTS, AND WIRELESS,
TELEGRAPH, AND TELEPHONE MESSAGE

A. CLASSIFICATION OF DOCUMENTS
B. IMPORTANCE OF CLASSIFICATION

C. ART. 170-FALSIFICATION OF LEGISLATIVE DOCUMENTS

D. ART. 171- FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE;

OR NOTARY OR ECCLESIASTICAL MINISTER

E. ART. 172-FALSIFICATION BY PRIVATE INDIVIDUALS & USE

OF FALSIFIED DOCUMENTS

1. Punishable Acts
2. FALSIFICATION AS A MEANS TO COMMIT
ESTAFA
3. DISTINGUISH FALSIFICATION OF PUBLIC
DOCUMENT FROM FALSIFICATION OF PRIVATE
DOCUMENT
4. Caubang vs. People
5. People v. Romualdez, 57 Phil. 148
6. Beradio v. CA, 103 SCRA 567
7. Luague v. CA, 112 SCRA 97
8. Cabigas v. People, 152 SCRA 18
9. People v. Sandaydiego, 81 SCRA 120
10. Siquian v. People, 171 SCRA 223
11. People v. Villalon, 192 SCRA 521
12. People v. Dava, 202 SCRA 62

F. ART. 173- FALSIFICATION OF WIRELESS, CABLE,

TELEGRAPH, & TEL. MESSAGES, & USE OF SAID FALSIFIED
MESSAGES

V.SECTION FIVE. — FALSIFICATION OF MEDICAL CERTIFICATES,

CERTIFICATES OF MERIT OR SERVICES AND THE LIKE.

A. ART. 174- FALSE MEDICAL CERTIFICATES, FALSE

CERTIFICATES OF MERIT OR SERVICE

B. ART. 175- USING FALSE CERTIFICATES

VI.SECTION SIX. — ART. 176 MANUFACTURING, IMPORTING AND
POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR THE
COMMISSION OF FALSIFICATION.
Chapter Two
OTHER FALSIFICATIONS

I.SECTION ONE. — USURPATION OF AUTHORITY, RANK, TITLE, AND

IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA.

A. ART. 177-USURPATION OF AUTHORITY OR OFFICIAL

FUNCTIONS

1. WAYS TO COMMIT
2. May be violated by a public officer
3. People v. Cortez, 73 OG 10056
4. Gigantoni v. People, 162 SCRA 158

B. ART. 178- USING FICTITIOUS NAME & CONCEALING TRUE

NAME

1. ELEMENTS: (USING FICTITIOUS NAME)

2. ELEMENTS: (CONCEALING TRUE NAME)
3. CA 142 PUNISHES ILLEGAL USE OF ALIAS
4. RA 6085 REGULATING THE USE OF ALIASES
5. LEGAMIA V. IAC, 131 SCRA 478

C. ART. 179- ILLEGAL USE OF UNIFORM OR INSIGNIA

D. RA 75 Diplomats and Consuls

SECTION TWO. — FALSE TESTIMONY

A. ART. 180- FALSE TESTIMONY AGAINST A DEFENDANT

• Perjury Diaz v. People, 191 SCRA 86

B. ART. 181- FALSE TESTIMONY FAVORABLE TO THE

DEFENDANT

C. ART. 182- FALSE TESTIMONY IN CIVIL CASES

D. ART. 183- FALSE TESTIMONY IN OTHER CASES AND

PERJURY IN SOLEMN AFFIRMATION
 E. ART. 184- OFFERING FALSE TESTIMONY IN EVIDENCE

Chapter Three
CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)

I. SECTION ONE. — MACHINATIONS, MONOPOLIES AND

COMBINATIONS

A. ART. 185- MACHINATIONS IN PUBLIC AUCTIONS

1. Punishable Acts
2. ESSENTIAL ELEMENT
3. Ouano v. CA, 188 SCRA 799

B. ART. 186- MONOPOLIES & COMBINATIONS IN

RESTRAINT OF TRADE

C. ART. 187- IMPORTATION & DISPOSITION OF FALSELY

MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS

D. NOTE: Articles 188 and 189 have been repealed by RA

8293 Sec. 69, The Intellectual Property Code, effective January
1, 1998.

• La Chemise Lacoste vs. Fernandez

E. REPUBLIC ACT 455 – ON SMUGGLING OR ILLEGAL

IMPORTATION

F. RA 9160 AS AMENDED BY RA 9194, Anti-Money

Laundering Act

G. RA 8203 Special Laws on Counterfeit Drugs

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED
DRUGS
 • Republic Act No. 9165, known
as Comprehensive Dangerous Drugs Act of
2002 approved on January 23, 2002, is an act
instituting the Comprehensive Dangerous Drug Act
of 2002, repealing Republic Act 6425, otherwise
known as the Dangerous Drugs Act of 1972

1. Classification of Dangerous Drugs

2. Punishable Acts (PROHIBITED DRUGS)
3. Punishable Acts: (REGULATED DRUGS)
4. Who are liable

• People vs. Blanco, August 14, 2013

• People vs. Salvador, February 10, 2014
• People vs. Tumulak, July 25, 2016
• People vs. Moangco, October 23, 2013
• People vs. Santos, October 17, 2007
• People vs. Bacadi, July 1, 2015
• People vs. Alacdis, June 19, 2017
• People vs. Macabalay, November 27, 2006
• People vs. Rom, February 19, 2014
• Ventura vs. People, August 8, 2007
• Abuan vs. People, October 27, 2006
• People vs. Quelnan, July 6, 2007
• People vs. Lagman, December 8, 2008
• David vs. People, October 17, 2011
• People vs. Balawan, June 8, 2016
• People vs. Casacop, January 13, 2016
• People vs. Martinez, December 13, 2010
•

5. Section 21 – CHAIN OF CUSTODY (see also RA 10640)

• People vs. Mallillin (The 4 Links)

• People vs. Santos
• People vs. Pringas, August 31, 2007
• People vs. Sanchez, October 15, 2008
• People vs. Miranda, June 29, 2015
• People vs. Bacadi, June 29, 2015
• People vs. Holgado, August 11, 2014
• People vs. Cerdon, August 6, 2014
• People vs. Tamano, December 5, 2016
• People vs. Lopez, November 16, 2016
 • People vs. Cloma, November 16, 2016

6. Validity of Buy-Bust Operations

• People vs. Evangelista, September 27, 2007

• People vs. Andaya, October 13, 2014
• People vs. Garcia, August 8, 2007
• People vs. Bayan, August 20, 2014
• People vs. Bontuyan, September 10, 2014
• People vs. Balibay, September 10, 2014
• People vs. Casabuena, November 19, 2014
• People vs. Yable, April 7, 2014
• People vs. Ameril, November 14, 2016
• People vs. Carillo, November 7, 2016
• People vs. Cerdon, August 6, 2014
• Gamboa vs. People, November 14, 2016
• People vs. Alacdis, June 19, 2017
•

7. Attempt or conspiracy, effect on liability

8. Immunity from prosecution and punishment
9. Rule on Plea Bargaining

• ESTIPONA VS. LOBRIGO, August 15, 2017, G.R. No.

226679
• SC Administrative Matter No. 18-03-16-SC (Supreme
Court Plea Bargaining Framework in Drugs Cases)
• People vs. Sayre, GR No. 244413, February 18, 2020

Title Six
CRIMES AGAINST PUBLIC MORALS

I. Chapter One
GAMBLING AND BETTING

• Republic Act No. 9287, April 2, 2004 (AN ACT

INCREASING THE PENALTIES FOR ILLEGAL
NUMBERS GAMES, AMENDING CERTAIN
PROVISIONS OF PRESIDENTIAL DECREE NO.
1602, AND FOR OTHER PURPOSES)
 (ARTS. 195-199, PROVISIONS OF PD. 483 & 449 ARE REPEALED
WHICH ARE INCONSISTENT WITH PD 1602 OR PRESIDENTIAL
DECREE PRESCRIBING STIFFER PENALTIES ON ILLEGAL
GAMBLING).

II.Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
(ARTS. 200-202)

A. ART. 200- GRAVE SCANDAL

B. ART. 201- IMMORAL DOCTRINES, OBSCENE

PUBLICATIONS & EXHIBITIONS & INDECENT SHOWS (AS
AMENDED BY PD 960 AS AMENDED BY PD 969)

1. People v. Kottinger, 45 Phil. 352

2. People v. Aparici, 52 OG 249
3. People v. Padan, 101 Phil. 749
4. Fernando v. CA, G.R. No. 159751, Dec. 6, 2001

C. ART. 202- VAGRANTS & PROSTITUTES

1. PRESIDENTIAL DECREE No. 1563 (ESTABLISHING

AN INTEGRATED SYSTEM FOR THE CONTROL AND
ERADICATION OF MENDICANCY, PROVIDING
PENALTIES, APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES)

2. REPUBLIC ACT NO. 10158 (AN ACT

DECRIMINALIZING VAGRANCY, AMENDING FOR THIS
PURPOSE ARTICLE 202 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE)

D. Republic Act No. 9208, May 26, 2003 (AN ACT TO

INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN
PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT
 OF TRAFFICKED PERSONS, PROVIDING PENALTIES
FOR ITS VIOLATIONS, AND FOR OTHER OFFENSES)

E. Anti-Photo and Video Voyeurism Act of 2009

(R.A. 9995)

F. Anti-Child Pornography Act of 2009 (R.A. 9775),

Definition of terms, Unlawful or punishable acts

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS
A. ART. 203 WHO ARE PUBLIC OFFICERS
B. Maniego v. People, G.R. No. L-2971, April 20, 1951

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

I. SECTION ONE. — DERELICTION OF DUTY

A. Definitions: MISFEASANCE, MALFEASANCE and

NONFEASANCE

B. ART. 204- KNOWINGLY RENDERING UNJUST

JUDGEMENT

C. ART. 205- JUDGEMENT THROUGH NEGLIGENCE

D. ART. 206- UNJUST INTERLOCUTORY ORDER

E. ART. 207- MALICIOUS DELAY IN THE ADMINISTRATION

OF JUSTICE

F. ART. 208- PROSECUTION OF OFFENSES; NEGLIGENCE

& TOLERANCE

1. Punishable Acts
2. REQUISITES
G. ART. 209- BETRAYAL OF TRUST BY AN ATTY. OR
SOLICITOR
II.SECTION TWO — BRIBERY

A. ART. 210- DIRECT BRIBERY

1. Tad-Y v. People, G.R. No. 148862, August 11, 2005

2. Manipon v. Sandiganbayan, 143 SCRA 267
3. Dacumas v. Sandiganbayan, 195 SCRA 833
4. Magno v. COMELEC, G.R. No. 147904, October 4,
2002
5. QUALIFIED BRIBERY

B. ART. 211- INDIRECT BRIBERY

C. ART. 212- CORRUPTION OF PUBLIC OFFICIALS

1. PRESIDENTIAL DECREE No. 46, November

10, 1972, MAKING IT PUNISHABLE FOR PUBLIC
OFFICIALS AND EMPLOYEES TO RECEIVE, AND
FOR PRIVATE PERSONS TO GIVE, GIFTS ON
ANY OCCASION, INCLUDING CHRISTMAS.

2. PRESIDENTIAL DECREE NO. 749,

GRANTING IMMUNITY FROM PROSECUTION TO
GIVERS OF BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY AND OTHER
GRAFT CASES AGAINST PUBLIC OFFICERS

3. ANTI-GRAFT & CORRUPT PRACTICES ACT

(R.A. 3019) see also RA 10910 INCREASING THE
PRESCRIPTIVE PERIOD TO 20 YEARS.
a. Coverage
b. Punishable acts
c. Exceptions
D. SPECIAL LAWS:

1. RA 6713 Code of Conduct and Ethical

Standards

2. ANTI-PLUNDER ACT RA 7080

 a. Definition of terms
b. Ill-gotten wealth
c. Plunder
d. Series/Combination
e. Pattern

E. Cases:

1. lmeda v. Perez 5 SCRA 970

2. Cabal v. Kapunan, 6 SCRA 1059
3. Republic v. CA, 172 SCRA 296 RA 3019
4. Morfe v. Mutuc, 22 SCRA 424
5. Jaravata v. Sandiganbayan, 127 SCRA 363
6. Trieste v. Sandiganbayan, 145 SCRA 508
7. Mejorada v. Sandiganbayan, 151 SCRA 399
8. Estrada vs Sandiganbayan, November 21, 2001

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

A. ART. 213- FRAUDS AGAINST THE PUBLIC TREASURY &

SIMILAR OFFENSES

B. ART. 214- OTHER FRAUDS

C. ART. 215- PROHIBITED TRANSACTIONS

D. ART. 216- POSSESSION OF PROHIBITED INTEREST BY

A PUBLIC OFFICER

Chapter Four
CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR
PROPERTY
(ARTS. 217-221)

A. ART. 217- MALVERSATION OF PUBLIC FUNDS OR

PROPERTY

1. Punishable Acts
2. COMMON ELEMENTS
3. Labatagos v. Sandiganbayan, 183 SCRA 415
 4. Estepa v. Sandiganbayan, 182 SCRA 269
5. Ilogon v. Sandiganbayan, 218 SCRA 766
6. Azarcon v. Sandiganbayan, 268 SCRA 747
7. When can malversation be committed by private individuals
8. Malversation as distinguished from estafa

B. ART. 218- FAILURE OF ACCOUNTABLE OFFICER TO RENDER

ACCOUNTS

C. ART. 219- FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO

RENDER ACOUNTS BEFORE LEAVING THE COUNTRY

D. ART. 220- ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY

1. Technical Malversation
2. Distinction of Malversation from Illegal Use
E. ART. 221-FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS
OR PROPERTY

F. ART. 222-OFFICERS INCLUDED IN THE PROVISIONS

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

I. SECTION ONE — INFIDELITY IN THE CUSTODY OF PRISONERS

A. ART. 223- CONNIVING WITH OR CONSENTING TO EVASION

B. ART. 224- EVASION THROUGH NEGLIGENCE

C. ART. 225-ESCAPE OF PRISONER UNDER THE CUSTODY OF A

PERSON NOT A PUBLIC OFFICER

• Rodillas v. Sandiganbayan, 161 SCRA 347

II.SECTION TWO — INFIDELITY IN THE CUSTODY OF DOCUMENT

A. ART. 226- REMOVAL, CONCEALMENT, OR DESTRUCTION OF

DOCUMENTS
 B. ART. 227- OFFICER BREAKING THE SEAL

C. ART. 228- OPENING OF CLOSED DOCUMENTS

III.SECTION THREE. — REVELATION OF SECRETS

A. ART. 229- REVELATION OF SECRETS BY AN OFFICER

B. ART. 230- PUBLIC OFFICER REVEALING SECRETS OF

PRIVATE INDIVIDUAL

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

A. ART. 231- OPEN DISOBEDIENCE

B. ART. 232-DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER

WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER

C. ART. 233-REFUSAL OF ASSISTANCE

D. ART. 234-REFUSAL TO DISCHARGE ELECTIVE OFFICE

E. ART. 235-MALTREATMENT OF PRISONERS

II.SECTION TWO — ANTICIPATION, PROLONGATION AND ABANDONMENT OF

THE DUTIES AND POWERS OF PUBLIC OFFICE

A. ART. 236-ANTICIPATION OF DUTIES OF PUBLIC OFFICE

B. ART. 237-PROLONGING PERFORMANCE OF DUTIES AND

POWERS

C. ART. 238-ABANDONMENT OF OFFICE OR POSITION

III.SECTION THREE. — USURPATION OF POWERS AND UNLAWFUL

APPOINTMENTS
 A. ART. 239-USURPATION OF LEGISLATIVE POWERS

B. ART. 240-USURPATION OF EXECUTIVE FUNCTIONS

C. ART. 241- USURPATION OF JUDICIAL FUNCTIONS

D. ART. 242-DISOBEYING REQUEST FOR DISQUALIFICATION

E. ART. 243-ORDERS OR REQUESTS BY EXEC. OFFICERS TO

ANY JUDICIAL AUTHORITY

F. ART. 244-UNLAWFUL APPOINTMENTS

IV.SECTION FOUR. — ABUSES AGAINST CHASTITY

A. ART. 245-ABUSES AGAINST CHASTITY

Title Eight
CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

I.SECTION ONE — PARRICIDE, MURDER, HOMICIDE

A. ART. 246-PARRICIDE

1. Cases of parricide when the penalty shall not be reclusion perpetua

to death:
a. Parricide through negligence (art 365)
b. Parricide by mistake (art 249)
c. Parricide under exceptional circumstances (art 247)
2. People v. Bucsit, G.R. No. 17865, March 15, 1922
3. People v. Jumawan, 116 SCRA 739
4. People v. Tomotorgo, 136 SCRA 238
5. People vs. Malabago, 1996
6. People vs. Ignacio, 1997
7. People vs. Genosa
B. ART. 247-DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES

• People v. Abarca, 153 SCRA 735

C. ART. 248-MURDER

• People v. Buensuceso, 132 SCRA 143

• People v. Pugay, 167 SCRA 439
• People vs. Basay, 1993
• People v. Abejuela, G.R. No. L-32702, August 6,
1979

D. ART. 249-HOMICIDE

• Escamilla v. People, G.R. No. 188551, February 27,

2013
• Pentecostes, Jr. v. People, G.R. No. 167766, April 7,
2010

E. ART. 250-PENALTY FOR FRUSTRATED PARRICIDE, MURDER,

HOMICIDE

F. ART. 251- DEATH CAUSED IN A TUMULTUOUS AFFRAY

G. ART. 252-PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY

H. ART. 253-GIVING ASSISTANCE TO SUICIDE

I. SPECIAL LAWS

1. Anti-Violence against Women and their Children Act

of 2004 (R.A. 9262), Punishable acts

• Garcia vs. Drilon, June 25, 2013

• Refer also to RA 9710, Magna Carta of Women
• Tan vs. Go Tan

2. Anti-Hazing Law (R.A. 11053 amending RA 8049)

a. Hazing
 b. Definition
c. Allowed initiation rites
d. Who are liable
e. Punishable acts

3. Special Protection of Children Against Child Abuse,

Exploitation and Discrimination Act (R.A. 7610, as
amended)

a. Coverage
b. Child prostitution, punishable acts
c. Child trafficking, punishable acts

4. Juvenile Justice and Welfare Act of 2006 (R.A. 9344);

also refer to Child and Youth Welfare Code (P.D. 603, as
amended)

III.SECTION TWO. — INFANTICIDE AND ABORTION

A. ART. 254-DISCHARGE OF FIREARM

B. ART. 255-INFANTICIDE

• When mitigating circumstances apply

• People v. Fallorina, G.R. No. 137347, March 4, 2004

C. ART. 256-INTENTIONAL ABORTION

D. ART. 257-UNINTENTIONAL ABORTION

• PEOPLE V. SALUFRANIA, 159 SCRA 401

E. ART. 258-ABORTION PRACTICED BY THE WOMAN HERSELF

OR BY HER PARENTS

F. ART. 259-ABORTION PRACTICED BY A PHYSICIAN OR

MIDWIFE AND DISPENSING OF ABORTIVES
IV.SECTION THREE — DUEL (REPEALED)

Chapter Two
PHYSICAL INJURIES

A. ART. 262-MUTILATION

• Vasectomy - Aguirre v. Sec. of DOJ, G.R. No. 170723,

March 3, 2008

B. ART. 263-SERIOUS PHYSICAL INJURIES

1. Requisites of DEFORMITY
2. QUALIFYING CIRCUMSTANCES

C. ART. 264- ADMINISTERING INJURIOUS SUBSTANCES OR

BEVERAGES

D. ART. 265-LESS SERIOUS PHYSICAL INJURIES QUALIFIED

LESS SERIOUS PHYSICAL INJURIES

E. ART. 266-SLIGHT PHYSICAL INJURIES

F. ART. 266-A - THE NEW ANTI-RAPE LAW (RA 8353)

1. Classification of Rape
a. Traditional - under Art 335
b. Sexual Assault - RA 8353

• PEOPLE VS. JUVY D. AMARELA AND JUNARD G.

RACHO, January 17, 2018, G.R. No. 225642-43.
• New Law on Statutory Rape and Sweetheart Provision

2. People v. Orita, 184 SCRA 105

3. People v. Mangalino, 182 SCRA 329
4. People v. Balbuena, 129 SCRA 10
5. People v. Castro, 196 SCRA 679
6. People v. Atento, 196 SCRA 357
7. People v. Campuhan, 329 SCRA 270
8. People v. Gallo, 315 SCRA 462
9. People v. Berana, 311 SCRA 664
10. People vs. Sabredo, 2000
11. People vs. Arillas, 2000
12. People vs. Mahinay
 13. People vs. Quinanola, 1999
14. AGGRAVATING/QUALIFYING CIRCUMSTANCES :
punishable by death
15. EFFECT OF PARDON

Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One
CRIMES AGAINST LIBERTY
(ARTS. 267-274)

I.SECTION ONE

A. ART. 267-KIDNAPPING AND SERIOUS ILLEGAL DETENTION

1. ELEMENTS
2. QUALIFYING CIRCUMSTANCES: DEATH PENALTY
3. COMPLEX CRIME OF KIDNAPPING WITH MURDER
4. Distinctions Between Illegal Detention and Arbitrary Detention

B. ART. 268- SLIGHT ILLEGAL DETENTION

• When LIABILITY is MITIGATED

C. ART. 269-UNLAWFUL ARREST

• Distinctions between Art. 125 and Art. 269

II.SECTION TWO — KIDNAPPING OF MINORS

A. ART. 270- KIDNAPPING AND FAILURE TO RETURN A

MINOR

1. People v. Ty, 263 SCRA 745

2. People vs. Gutierrez, 1991
3. People vs. Reyes, 1996
4. People vs. Borromeo, 2000

B. ART. 271- INDUCING A MINOR TO ABANDON HIS HOME

 C. ART. 272-SLAVERY

D. ART. 273-EXPLOITATION OF CHILD LABOR

E. ART. 274- SERVICES RENDERED UNDER COMPULSION IN

PAYMENT OF DEBT

F. CASES:

1. People v. Tomio, 202 SCRA 77

2. People v. Mercado, 131 SCRA 501
3. People v. Del Socorro, 182 SCRA 359 (cf. RA 7610)
4. People v. Lim, 190 SCRA 706
5. People v. Padica, 221 SCRA 362
6. People v. Ramos, 297 SCRA 618 (G.R. No. 118570, Oct
12, 1998)
7. People vs. Luartes
8. People vs. Pavillare
9. People vs. Ballenas

G. SPECIAL LAWS

* Anti-Wire Tapping Act (R.A. 4200)

a. Punishable acts
b. Exceptions

Chapter Two
CRIMES AGAINST SECURITY

SECTION ONE. — ABANDONMENT OF HELPLESS PERSONS AND

EXPLOITATION OF MINORS

A. ART. 275-ABANDONMENT OF PERSONS IN DANGER

AND ABANDONMENT OF ONE’S OWN VICTIM

• Lamera v. CA, 198 SCA 186

B. ART. 276-ABANDONING A MINOR

 C. ART. 277-ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS

D. ART. 278-EXPLOITATION OF MINORS

E. RA 7610 CHILD ABUSE LAW

SECTION TWO — TRESPASS TO DWELLING

A. ART. 280-QUALIFIED TRESPASS TO DWELLING

B. ART. 281-OTHER FORMS OF TRESPASS

C. Distinctions Between Articles 280 and 281

SECTION THREE — THREATS AND COERCION

A. ART. 282-GRAVE THREATS

1. Qualifying Circumstance: If threat was made in writing or

through a middleman
2. People v. Timbol, 47 OG 1868
3. Reyes v. People, 27 SCRA 686

B. ART. 283- LIGHT THREATS

C. ART. 284- BOND FOR GOOD BEHAVIOR

D. ART. 285-OTHER LIGHT THREATS

E. ART. 286-GRAVE COERCION

1. Navarra v.Office of the Ombudsman, G.R. No.

176291, December 4, 2009
2. Timoner v. People, 125 SCRA 830
3. Lee v. CA, 201 SCRA 405
4. People vs. Afeche, Jr, 1992

F. ART. 287- LIGHT COERCION

 1. People v. Reyes, 60 Phil. 369
2. People v. Anonuevo, 36 OG 2018

G. ART. 287 - UNJUST VEXATION

1. Maderazo v. People, G.R. No 165065,
September 26, 2006

H. ART. 288- OTHER SIMILAR COERCIONS (COMPULSORY

PURCHASE OF MERCHANDISE & PAYMENT OF WAGES BY
MEANS OF TOKENS)

I. ART. 289-FORMATION, MAINTENANCE, & PROHIBITION

OF COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS

• Labor Code Arts. 263, 264, 272 and 288

Chapter Three
DISCOVERY AND REVELATION OF SECRETS

A. ART. 290- DISCOVERING SECRETS THROUGH SEIZURE OF

CORRESPONDENCE

B. ART. 291-REVEALING SECRETS WITH ABUSE OF

OFFICE

C. ART. 292-REVELATION OF INDUSTRIAL SECRETS

Title Ten
CRIMES AGAINST PROPERTY

I. ART. 293-ROBBERY

A. CLASSIFICATION OF ROBBERY

B. Robbery with violence against, or intimidation of persons

(294,297,298)

C. Robbery by use of force upon things (299& 302)

 D. ELEMENTS OF ROBBERY IN GENERAL

II.CLASS I

A. ART. 294- ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSONS

1. Re: SPECIAL COMPLEX CRIMES

2. Distinctions Between Robbery and Bribery

B. ART. 295- ROBBERY WITH PHYSICAL INJURIES, COMMITTED

IN AN UNINHABITED PLACE AND BY A BAND OR WITH THE USE OF
FIREARM ON A STREET, ROAD OR ALLEY

• Qualified Robbery with Force or Intimidation of

Persons

C. ART. 296- DEFINITION OF A BAND AND PENALTY INCURRED

BY THE MEMBERS THEREOF

D. ART. 297-ATTEMPTED AND FRUSTRATED ROBBERY

COMMITTED UNDER CERTAIN CIRCUMSTANCES

E. ART. 298-EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR

INTIMIDATION

III.CLASS II — ROBBERY BY THE USE OF FORCE UPON THINGS

A. ART. 299- ROBBERY IN AN INHABITED HOUSE/ PUBLIC

BUILDING OR EDIFICE DEVOTED TO WORSHIP

B. ART. 300- ROBBERY IN AN UNINHABITED PLACE AND BY A

BAND
• When committed in an uninhabited place AND by a
band, as distinguished from Qualified Robbery with Violence
or Intimidation of Persons (Art 295) which is committed in an
uninhabited place OR by a band.

C. ART. 302 - ROBBERY IN AN UNINHABITED PLACE OR IN A

PRIVATE BUILDING
D. CASES:
1. Robbery Napolis v. CA, 43 SCRA 301
2. People v. Biruar, 130 SCRA 513
3. People v. Mangulabnan, 99 Phil. 992
4. People v. Calixtro, 123 SCRA 369
5. People v. Pecato, 151 SCRA 14
6. People v. Tapales, 93 SCRA 134
7. People v. Quinones, 183 SCRA 747
8. People v. Patola, 141 SCRA 401
9. People v. Dinola, 183 SCRA 493
10. People v. Moreno, 220 SCRA 292
11. People v. Balacanao, GR 118133, 28 February 2003
12. People v. Salvilla, 184 SCRA 671
13. People v. Apduhan, 24 SCRA 798
14. People v. Jaranilla, 55 SCRA 563
15. People v. Puno, 219 SCRA 85
16. People v. Pulusan, 290 SCRA 353 (G.R. No. 110037, May
21, 1998)

E. ART. 304- POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

F. ART. 305 FALSE KEYS

G. SPECIAL LAWS:

1. Highway Robbery PD 532

2. Republic Act No. 10883 entitled:

“An Act Providing for a New Anti-Carnapping Law of
the Philippines".
(i) Definition of terms
(ii) Registration
(iii) Who are liable
(a) Duty of collector of customs
(b) Duty of importers, distributors and sellers
(c) Clearance and permit
(iv) Punishable acts

Chapter Two
BRIGANDAGE
A. PRESIDENTIAL DECREE 532 – modified Art 306 & 307

B. Distinctions Between Brigandage and Robbery in Band

Chapter Three
THEFT

A. ART. 308-WHO ARE LIABLE FOR THEFT

1. People v. Salvilla, G.R. No. 86163, April 26, 1990
2. Medina v. People, G.R. No. 182648, June 17, 2015
3. People v. Valenzuela, G.R. No. 160188, June 21, 2007
4. Miranda v. People, G.R. No. 176298, January 25, 2012
5. People v. Asamuddin, G.R. No. 213913, September 2, 2015
6. People v. Gulinao, 179 SCRA 774
7. Santos v. People, 181 SCRA 487
8. Laurel v. Abrogar, G.R. No. 155076
9. Hizon v. CA, 265 SCRA 517

B. ART. 310-QUALIFIED THEFT

• Yongco v. People, G.R. No. 209373, July 30, 2014

• Empelis v. IAC, 132 SCRA 398

C. SPECIAL LAWS:

1. Illegal Logging PD 330 and PD 705

• Mustang Lumber, Inc. v. CA, 25 SCRA 430 (June 18,

1996)

2. RA 7832 Anti-Electricity Pilferage Act

3. RA 8041 Water Crisis Act

4. Illegal Fishing RA 8550, sec. 86

5. PRESIDENTIAL DECREE 533 – ANTI-CATTLE

RUSTLING LAW OF 1974

a. Pil-ey v. People, G.R. No. 154941, July 9, 2007

 b. Taer vs. CA 186 SCRA 598
c. Cattle rustling is mala in se since PD 533 is an
amendment to Arts. 308, 309 and 310 of the RPC
d. Ordonio v. CA 199 SCRA 873

6. Anti-Fencing Law (P.D. 1612) and its implementing rules

and regulations

a. Dizon-Pamintuan v. People, G.R. No. 111426, July

11, 1994
b. Tan v. People, G.R. No. 134298, Aug. 26, 1999

Chapter Four
USURPATION
(ARTS. 312 & 313)

A. ART. 312- OCCUPATION OF REAL PROPERTY OR

USURPATION OF REAL RIGHTS IN PROPERTY

• Distinctions Between Theft/Robbery and Article 312

B. ART.313 - ALTERING BOUNDARIES OR LANDMARKS

Chapter Five
CULPABLE INSOLVENCY

A. ART. 314- FRAUDULENT INSOLVENCY

Chapter Six
SWINDLING AND OTHER DECEITS

A. ART. 315-SWINDLING/ESTAFA

1. ELEMENTS in general

2. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF

CONFIDENCE

a. ELEMENTS OF 315, NO.1 (A)

b. ELEMENTS OF 315, NO.1 (B)
 c. ELEMENTS OF 315, NO.1 (C)
d. Manahan v. CA, 255 SCRA 202
e. Saddul v. CA, 192 SCRA 277

3. Distinctions Between Theft and Estafa

4. Distinctions Between Estafa and Malversation

5. ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and 3)

a. ELEMENTS OF 315, NO.2

b. 315 NO.2 (A)
c. 315 No.2 (B)
d. 315 No.2 (C)
e. ELEMENTS OF 315 No. 2 (D)

6. Cases:
i.Brokman v. People, G.R. No. 199150, February 6,
2012
ii.Khitri v. People, G.R. No. 210192, July 4, 2016
iii.Allied Banking Corp. v. Ordonez, 192 SCRA 246
iv.Lee v. Rodil, 175 SCRA 100
v.Celino v. CA, 163 SCRA 97
vi.Abejuela v. People, 200 SCRA 806
vii.Koh Tieck Heng v. People, 192 SCRA 533
viii.People v. Ong, 204 SCRA 942
ix.Llamado vs. CA
x.Lu Hayco vs. CA
xi.Salcedo vs. CA

7. 3 WAYS TO COMMIT 315, NO. 2(E)

a. ELEMENTS OF 315 NO. 3 (A)

b. 315 No. 3 (B)
c. ELEMENTS OF 315 NO. 3 (C)

8. Distinctions Between Article 226 (Infideltity in Custody of

Document) and Estafa

B. ART. 316- OTHER FORMS OF SWINDLING

C. ART. 317-SWINDLING A MINOR

D. ART. 318- OTHER DECEITS

 1. Guinhawa v. People, G.R. No. 162822, August
25, 2005
2. Villaflor v. CA, 192 SCRA 680
3. Veloso v. Sandiganbayan, 187 SCRA 504
a. Distinctions Between BP22 and Estafa
under the RPC
b. Nierras v. Dacu
H. SPECIAL LAWS

1. PD 2018 Illegal Recruitment

2. Bouncing Checks Law (B.P. Blg. 22) plus

Administrative Circular No. 12-2000 Re: Penalty for
Violation of B.P. 22 and Administrative Circular No.
13-2001 Re: Clarification of Admin Circular No. 12-
2000

(i) Punishable acts

(ii) Evidence of knowledge of insufficient funds

(iii) Preference of imposition of fine

c. People vs. Vaca

d. ycuy, 181 SCRA 1
e. People v. Grospe, 157 SCRA 154
f. Que v. People, 154 SCRA 160
g. People v. Nifatan, 215 SCRA 79
h. Lim Lao v. CA, 274 SCRA 572
i. Idos v. CA, G.R. No. 110782, 296 SCRA
194 (sept. 25, 1998)
j. Sycip vs. CA

Chapter Seven
CHATTEL MORTGAGE

A. ART 319- REMOVAL, SALE OR PLEDGE OF

MORTGAGED PROPERTY
Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
 • ART. 320-326-b REPEALED BY PD 1613
AND PD 1744 - AMENDING THE LAW ON
ARSON

1. ARSON
2. DESTRUCTIVE ARSON
3. OTHER CASES OF ARSON
4. SPECIAL AGGRAVATING CIRCUMSTANCES IN
ARSON
5. RA 7659
6. People v. Macabando, G.R. No. 188708, July 31, 2013
7. People v. Villacorta, G.R. No. 172468, October 15,
2008
8. People v. Jugueta, G.R. No. 202124, April 5, 2016

Chapter Nine
MALICIOUS MISCHIEF

A. ART. 327 – MALICIOUS MISCHIEF

• Caballes v. DAR, 168 SCRA 247

B. ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF

(Qualified)

C. ART. 329 – OTHER MISCHIEFS

D. ART. 330 – DAMAGE AND OBSTRUCTION TO MEANS

OF COMMUNICATION

E. ART 331- DESTROYING OR DAMAGING STATUES,

PUBLIC MONUMENTS OR PAINTINGS

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY
 A. ART. 332 – PERSONS EXEMPT FROM CRIMINAL
LIABILITY
1. CRIMES INVOLVED
2. PERSONS EXEMPTED

Title Eleven
CRIMES AGAINST CHASTITY

Chapter One
ADULTERY AND CONCUBINAGE
(ARTS 333-343)

A. ART. 333 – ADULTERY

B. ART. 334 – CONCUBINAGE

• Pilapil v. Somera, 174 SCRA 653

Chapter Two
ACTS OF LASCIVIOUSNESS

A. ART. 336- ACTS OF LASCIVIOUSNESS

• People v. Sanico, G.R. No. 208469, August 13, 2014

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

B. ART. 337- QUALIFIED SEDUCTION

1. People v. Fontanilla, 23 SCRA 1227

2. Babantgo v. Zosa, 120 SCRA 834
3. Perez v. CA, 168 SCRA 236

C. ART. 338 – SIMPLE SEDUCTION

 D. ART. 339 – ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY

• PEOPLEV. FAMULARCANO, 43 OG 1721

E. ART. 340 – CORRUPTION OF MINORS (AS AMENDED

BY BP 92)
F. ART. 341- WHITE SLAVE TRADE

G. SPECIAL LAWS:

1. Anti-Sexual Harassment Act of 1995 (R.A. 7877)

2. ANTI-MARRIAGE MATCHING (RA 10906)

Chapter Four
ABDUCTION

A. ART. 342- FORCIBLE ABDUCTION

1. Distinctions Between Forcible Abduction and Grave

Coercion/Kidnapping

2. People v. Sunpongco, 163 SCRA 222

3. People v. Jose, 37 SCRA 450

4. People v. Alburo, 184 SCRA 655

5. People v. Godines, 196 SCRA 76

B. ART. 343- CONSENTED ABDUCTION

• Pilapil vs. Ibay-Somera, infra.

C. CRIMES AGAINST CHASTITY WHERE AGE AND

REPUTATION OF THE VICTIM ARE IMMATERIAL

Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE
ELEVEN

A. ART. 344 – PROSECUTION OF THE CRIMES OF

ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS

• Pilapil v. Ibay-Somera, 174 SCRA 653

B. ART. 345 – CIVIL LIABILITY OF PERSONS GUILTY OF

CRIMES AGAINST CHASTITY

Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter One
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

A. ART. 347 – SIMULATION OF BIRTHS, SUBSTITUTION OF

ONE CHILD FOR ANOTHER, CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD

D. PEOPLE V. SANGALANG, 74 OG 5977

B. ART. 348 – USURPATION OF CIVIL STATUS

Chapter Two
ILLEGAL MARRIAGES
(ARTS 349-351)

A. ART. 349 – BIGAMY

• People v. Manuel, G.R. No. 165842, November 29,

2005
• People v. Aragon, 100 Phil. 1033
 B. ART. 350 – MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS

C. ART. 351- PREMATURE MARRIAGES

• Republic Act No. 10655 repealed Article 351 of the

RPC

D. ART. 352- PERFORMANCE OF ILLEGAL MARRIAGES

Title Thirteen
CRIMES AGAINST HONOR

Chapter One
LIBEL

Section One. — Definitions, forms, and punishment of this crime.

A. ART. 353 LIBEL

1. 2 TYPES OF MALICE
2. ART. 354 REQUIREMENT FOR PUBLICITY
3. Magno v. People, G.R.No. 133896, January 27, 2006
4. R.A. 4200-THE ANTI-WIRE TAPPING ACT
5. Manila Bulletin Publishing Corporation v. Domingo, G.R. No.
170341, July 5, 2017
6. Ganaan v. IAC, 145 SCRA 112
7. Ramirez v. CA, 248 SCRA 590

B. ART. 355 – LIBEL BY MEANS OF WRITINGS OR SIMILAR

MEANS
C. ART. 356 THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A COMPENSATION

D. CASES:

1. Erwin Tulfo v. People, G.R. No. 161032, September

16, 2008
2. Disini v. Secretary of Justice, G.R. No. 203335,
February 18, 2014
 3. Malit v. People, 114 SCRA 348
4. Mercado v. CFI, 116 SCRA 93
5. Agbayani v. Sayo, 89 SCRA 699
6. Newsweek v. IAC, 142 SCRA 171
7. Lacsa v. IAC, 161 SCRA 427
8. Soriano v. IAC, 167 SCRA 222
9. Bulletin Publishing Corp. v. Noel, 167 SCRA 255
10. MVRS Publications v. Islamic Daâwah Council, G.R.
No. 135306, Jan 23, 2003
11. Santos v. CA, 203 SCRA 110
12. Sazon v. CA, 255 SCRA 692
13. Vasquez v. CA, G.R. No. 118971, Sept. 15, 1999
14. GMA Network Inc. v. Bustos, G.R. No. 146848, Oct.
17, 2006
E. Administrative Circular 08-2008 Re: Guidelines in the
Observance of a Rule of Preference in the Imposition of
Penalties in Libel Cases

F. ART. 357 – PROHIBITED PUBLICATION OF ACTS

REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS

G. ART. 358 – SLANDER (oral defamation)

1. Reyes v. People, 27 SCRA 686

2. Victorio v. CA, 173 SCRA 645
3. People v. Judge Orcullo, 111 SCRA 609
4. Villanueva v. People, G.R. No. 160351, April 10,
2006
5. De Leon v. People, G.R. No. 212623, January 11,
2016
6. “Putang Ina Principle” - Martinez v. People, G.R. No.
198694, February 13, 2013

H. ART. 359 SLANDER BY DEED

• People v. Motita, 59 OG 3020

I. ART 360 PERSONS RESPONSIBLE FOR LIBEL

J. ART. 361 PROOF OF TRUTH

Chapter Two
INCRIMINATORY MACHINATIONS
 A. ART. 363 – INCRIMINATING INNOCENT PERSONS

1. Distinctions Between Incriminating Innocent Persons and

Perjury by Making False Accusations
2. Distinctions Between Incriminating Innocent Persons and
Defamation
3. People v. Alagao, 16 SCRA 879

B. ART. 364 INTRIGUING AGAINST HONOR

SPECIAL LAWS:

1. Republic Act No. 10175: AN ACT DEFINING

CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION
OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES.

• Disini vs. Secretary of Justice, February 11, 2014

• Tolentino vs. People, August 6, 2018
•

2. “Anti-Cyber Bullying Act of 2015.

Title Fourteen
QUASI-OFFENSES

Sole Chapter
CRIMINAL NEGLIGENCE

A. ART. 365 – IMPRUDENCE AND NEGLIGENCE

1. ELEMENTS (RECKLESS IMPRUDENCE)

2. ELEMENTS (SIMPLE IMPRUDENCE)

3. WHEN THE PENALTIES PROVIDED FOR IN ARTICLE 365

ARE NOT APPLICABLE

4. QUALIFYING CIRCUMSTANCE
 B. CASES

1. Yapyuco, G.R. Nos. 120744-46, June 25, 2012

2. Solidum v. People, G.R. No. 192123, March 10, 2014
3. Greenstar Express, Inc. v. Universal Robina Corporation,
G.R. No. 205090, October 17, 2016
4. Orix Metro Leasing and Finance Corporation v. Mangalinao,
G.R. No. 174089, January 25, 2012
5. People v. Cano, 17 SCRA 237
6. Ibabao v. People, 132 SCRA 217
7. Buerano v. CA, 115 SCRA 82
8. Gan v. CA, 165 SCRA 378
9. Carillo v. People, 229 SCRA 386
10. Reodica vs. CA
11. Ivler vs. CA

C. SPECIAL LAWS

i.RA 10913 (Act Penalizing Distracted Driving)

ii.RA 10916 (Law Providing for Speed Limiters)
iii.RA 8750 (Seat Belt Use Act)
iv.RA 4136 (Traffic Rules)

-Nothing Follows-

Did you know that 77 % of the Criminal Law Bar Exam is taken from the Revised Penal
Code, 19 % from Special Penal Laws and other matters compose only 4 %.

Observations on book 2 of the Revised Penal Code:

• Book 2 has a total of 253 articles of which only 75 are asked (About 30%).
• These 75 Articles are asked 211 times.
• Out of the 211 times these articles were asked 178 (84%) were taken from
those articles that were asked at least twice.
• The most asked crime was on murder, followed by homicide, estafa, robbery
with violence against persons.