TITLE 1: Crimes against National Security & laws of nations – Art.

114-123 (TreaCopME + InViCo FliP Mu q)

Crime Elements NOTES NOTES

Crimes against national security (TreaCopME)
Treason ACT 1: levying war against the govt in Sine qua non: Offenders:
(Art. 114) times of war (implies adherence to 1. two-witness rule: no  any Filipino (owes
enemy, otherwise, it is rebellion) person shall be convicted permanent allegiance
 Actual assembling of men of treason without  a resident alien
Breach of  For the purpose of executing testimony of at least 2 (owes temporary
allegiance treasonable design by force witnesses to the same allegiance), hence
overt act; (only 1 witness to must be committed
ACT 2: adherence to the enemy and testify for adherence since it is here since REQ is
giving aid or support within the cognitive in nature); or allegiance
Philippines and elsewhere 2. open court confession: no
 “adherence” shows intent to person shall be convicted Inherent in treason:
betray the allegiance of treason based on an Treachery, evident
 Aided or supported to extrajudicial confession premeditation,
strengthen enemy or weaken superior strength
GPH, regardless of success Valid defenses: Treason Rebellion
 insuperable cause
 state of necessity In times May be in
of war times of peace
Breach of Overthrow the
allegiance govt
Conspiracy Conspiracy to commit treason:
and proposal  when, in times of war, two or GEN RULE: conspiracy and  2-witness rule
to commit more persons come to an proposal to commit a does not apply
treason agreement to (1) levy war v. crime are not punishable here, only in
(Art. 115) govt or (2) adhere to the (Art. 8, RPC). treason
enemy and give aid or support,
and decided to commit it EXCEPT: unless a law specially Penalty:
provides a penalty Prision mayor and fine
Proposal to commit treason: therefor (Art. 8) not exceeding P10k
 when, in times of war, a punishable conspiracy: (for conspiracy)
person who has decided to (1) treason, coup d’etat,
levy war v. govt or (2) adhere rebellion or insurrection, Prision correcional and
to the enemy and give aid or sedition, terrorism tcrs + t fine not exceeding P5k
support proposes its execution Punishable proposal: tcr only (for proposal)
to another Punishable inciting: wrs
Misprision of Elements: acc
treason 1. Offender owes allegiance to GEN RULE: mere silence does Penalty:
(Art. 116) the govt, not a foreigner not make a person  Accessory to
2. He has knowledge of criminally liable (Art. 19, treason
conspiracy against the govt RPC)  Principal in
3. Conceals or does not disclose misprision
the same to the authority EXCEPT: misprision of treason
(mayor or fiscal where he (Art. 116)
resides)
Espionage ACT 1: without authority, one gathered Commonwealth Act 616 Contrast
(Art. 117) confidential info relative to  espionage may include, In rebellion, there are
national defense inter alia, disloyal acts and only 2 types of acts.
Only crime words in time of war (e.g.
against nat’l ACT 2: public officer discloses urging insubordination of In espionage, there are
security NOT confidential data relative to any military member) many types of acts under
during WAR national defense to a foreign CA 616 and 2 acts in RPC.
country
Crimes against law of nations (InViCo FliP Mu Q)
Inciting to war Elements: Examples: - intent is immaterial;
or giving 1. unlawful or unauthorized act  Public destruction of a this is culpa
motives to 2. which provokes war involving foreign country’s flag
reprisal the Philippines or exposes the  Hostility to a head of - committed in time of
(Art. 118) Filipino citizens to reprisal state peace
 TITLE 1: Crimes against National Security & laws of nations – Art. 114-123 (TreaCopME + InViCo FliP Mu q)

Violation of Elements: “Neutrality” – a condition of a Example:

neutrality 1. There is war and the nation in time of war by X violates govt regulation
(Art. 119) Philippines is not involved not taking any part not to wage a rally
2. Violates regulation issued by a therein and continues against Israel or Palestine
competent authority to peaceful dealings with
enforce neutrality belligerents
Corresponden Elements: “Correspondence” refers to - even if letters are
ce with hostile 1. There is war and the letters innocent, it is still
country Philippines is involved. punishable for it may
(Art. 120) 2. Offender makes The provision is silent as to the reveal confidential info
correspondence by means of allegiance of the offender unwittingly
letter with the enemy of the
state
3. The correspondence that is (a)
prohibited by govt, (b) in
ciphers, (c) with info that might
be useful to the enemy
(regardless of offender’s
intent), or (d) intended to aid
the enemy
Flight to Elements: - mere attempt to flee
enemy’s 1. There is war and the consummates the felony
territory Philippines is involved.
(Art. 121) 2. Offender owes allegiance to - if the govt did not prohibit
govt going to an enemy’s territory,
3. Attempts to flee or go to an this felony is not committed
enemy’s territory
4. Flight to enemy’s territory is
prohibited by the govt
Piracy in Offenders are neither passengers nor PD 532 Piracy Mutiny
general and member of the complement either:  Extends “Pirates” to robbery or unlawful
mutiny on the include anyone with intent resistance
high seas ACT 1: attacked or seized a vessel on to gain to ship
(Art. 122) the high seas or in Philippine No repeal, since Art. 122 and (animus commander
waters PD 532 are not in conflict. lucrandi)
Art. 122 PD 532 Offender: Offender:
ACT 2: seized the whole or part of Neither a Either a
Pirate – must Pirate – anyone
“attack or the vessel, its equipment, or passenger passenger
be from the who did
seizure” personal belongings of the outside forcible nor a crew or a crew
passengers or crew predation “high seas” – parts of the
Committed on with animus sea not included in
the high furandi the EEZ, territorial
seas or Phil
sea, or internal – eti
waters Committed in
waters – UN CLOS
Phil waters
only
Qualified Piracy or mutiny punished under Art. Jurisdiction in piracy: A composite crime
piracy 122 with any of the following: sam a competent tribunal of (special complex crime)
(Art. 123) 1. Seized vessel by firing or any country because since it is a complex
boarding upon the same piracy is not only crime with a specific
2. When pirates have abandoned against a state but provision in the RPC;
their victims without means of against all mankind
saving themselves (includes - Philippines can try As a composite crime,
anyone under PD 532 since it piracy even when number of victims is
extends “pirate” to anyone) committed within the immaterial
3. When the crime is 3-mile limit of a foreign
accompanied by murder, state
homicide, physical injuries, or
rape
 TITLE 1: Crimes against National Security & laws of nations – Art. 114-123 (TreaCopME + InViCo FliP Mu q)

RA 6235 or the Anti-Hijacking Law RA 532 or Anti-Piracy and

Anti-Highway Robbery Law
Applicable to:
 Aircraft of Philippine registry that must be IN PIRACY
FLIGHT, either within or outside the territory  Aggravating circumstances – same with Article
 Aircraft of foreign registry and the offender 123 for Qualified Piracy:
USURPS control thereof, and the aircraft must 1) Firing upon or boarding the vessel
be WITHIN the Philippine territory. 2) Accompanied by other crimes such as homicide,
 Aircraft of foreign registry being compelled to serious physical injuries, rape
LAND in a Philippine territory 3) Or abandoning victims without means of saving
themselves
NOT applicable to:
 Philippine airship NOT in flight or not in flight
and not in the territory – Art. 2, RPC will govern BRIGANDAGE/HIGHWAY ROBBERY
(e.g. grave coercion, grave threats, homicide,  Aggravating circumstances:
etc.) 1) Physical injuries and other crimes
2) Other crimes such as kidnapping for
“Hi-jacking” – may be committed in several acts: ransom, extortion, murder, homicide or
1) PHILIPPINE AIRCRAFT: when a person rape – death  now reclusion perpetua
compels a change in the course of an aircraft  Abettors are accomplices punishable according to
of Philippine registry or usurps the control the RPC
thereof, while in flight (Sec. 1, RA 6235)
2) FOREIGN AIRCRAFT: when a person compels *This law is not in conflict with piracy in RPC hence the
an aircraft of foreign registry to land in two co-exist.
Philippine territory or (Sec. 2, RA 6325) **Brigandage, meanwhile, is not punished under RPC.
3) FOREIGN AIRCRAFT: usurps the control of an
aircraft of foreign registry while in the
Philippine territory (Sec. 2, RA 6235)
4) PASSENGER AIRCRAFT: Carry any explosives,
flammable, corrosive, or poisonous materials
in a passenger aircraft within the Philippines
(Sec. 3, RA 6235)
5) CARGO AIRCRAFT: shipping, carrying, or
loading on board a cargo aircraft in the
Philippines any explosive, flammable,
corrosive, or poisonous materials that is not
in accordance with the rules of the Civil
Aviation Authority.

SPECIAL AGGRAVATING CIRCUMSTANCES to (1) and (2) 

penalty for which is higher under RA 6235:
 Firing upon the pilot, crew, or passenger
 To explode or attempt to explode a bomb
 Commission of murder, homicide, serious
physical injuries, or rape

“in flight” – all external doors are closed following

embarkation

NO attempted stage – as a special law, mere attempt

consummates the crime; no stages

PILOTs can commit this crime, too.

 Title 2: Crimes against Fundamental Laws of the State – Art 124-133 (addevs spio)

Crime Offender Requisites Exceptions NOTES

Art. 124 Public officer or Lawful warrantless arrest by a *If arrested

Arbitrary employee (1) Offender is a public peace officer or private individual lawfully without
detention vested with officer vested with (Rule 113, Sec. 5, RROC) warrant, must
authority to authority to detain 1. When, in his presence, the submit person
make an arrest person to be arrested has for an inquest
(2) he detains a person committed, is actually before the fiscal
Unlawful committing, or is attempting to to determine if
arrest Judge who (3) without legal commit an offense the arrest was
ordered grounds (In flagrante delicto); lawful and if the
Cf: illegal without 2. When an offense has just been person should be
detention grounds = committed, and he has detained.
and unlawful arbitrary BOR probable cause to believe Prior to filing
arrest detention Art. III, Sec. 1, 1987 based on personal knowledge Information,
through Constitution: that the person to be arrested preliminary
negligence No person shall be has committed it (hot pursuit); investigation may
be granted but
deprived of liberty 3. escaping prisoner
must sign waiver
without due process. for provisions
If a private Other valid reasons: iwca under Art. 125. If
person 4. violent insanity – Art. 124 no waiver, Art. 125
committed this 5. waived right – eki is violated since
unlawfully = 6. continuing offenses (e.g. fiscal is not a
illegal rebellion) judicial auth.
detention 7. arrest of accused on bail
attempting to abscond the country

Art. 125 Public officer or (1) offender is a public Art. 12, Par. 7, RPC: prevented by Art. III. Sec. 1,
Delay in the employee officer or employee an insuperable cause = defense Constitution: No
delivery of one shall be
detained (2) he has detained a “Delivery” = filing of the deprived of
person to If private = person for some legal Information, not physical delivery liberty without
judicial illegal ground due process.
authority detention “probable cause” = facts and
(3) he fails to deliver circumstances that would
such person to the lead a prudent man to
Arrest here is judicial authority within believe that a crime was
valid, only  12 hrs for felonies committed in the place
delayed in with light sought to be searched or by
delivery. penalties the person sought to be
 18 hrs for felonies arrested
with correctional
penalties “warrant” – an order in writing
 36 hrs for felonies issued in the name of the
with afflictive People of the Philippines
penalties issued by a judge, directed to
*3 days for suspected a peace officer commanding
terrorists under the him to search the property or
Human Security Act arrest the person particularly
described therein

Art. 126 Public officer or (1) offender is a pub Valid defense: Art. III. Sec. 1,
Delaying employee officer or employee Art. 12, Par. 7, RPC: Constitution: No
release when prevented by an insuperable one shall be
(2) there is a judicial or cause deprived of
executive order for the liberty without
release of the prisoner Penalty for arbitrary detention, due process.
delay in delivery, or delaying
release:

Page 1 of 3
 Title 2: Crimes against Fundamental Laws of the State – Art 124-133 (addevs spio)

(3) without just cause, <3d Arresto mayor to prision

offender delays: psp correcional
 Performance of > 3, Prision correcional in
an exec or < 15 d med and max
judicial order for
the release of > 15, Prision mayor
accused <6m
 Service of notice >6m Reclusion temporal
of such order
 Proceedings
Art. 127 Public officer or (1) offender is a pub Sec. 69, Revised Administrative Art. III, Sec. 6,
Expulsion employee officer or employee Code: President is vested with The liberty of
(judge is only authority to deport aliens. abode and of
for destierro (2) he either: changing the
 expels a person Authorities who can exercise same within the
from the Phil expulsion: limits prescribed
 compels a President, BID commissioner, by law shall not
person to and the courts be impaired.
If committed by change
private person residence *refusing reentry of a Filipino to
= grave the Phil without legal grounds is
coercion (3) he does not have the tantamount to compelling a person
authority to do so by law to change residence

Art. 128 Public officer or (1) offender is a pub Valid warrantless search and Art. III, Sec. 2,
Violation of employee officer or employee not seizure: imp c wesas Constitution: The
Domicile vested with being authorized by right to be secure
authority to judicial order  search 1. search incidental to a valid arrest in their persons,
make searches warrant 2. search of moving vehicles houses, papers
Unlawful and seizures 3. plain view doctrine – inadvertent and effects
search (2) such officer or 4. customs searches against
employee: aps 5. waiver of right unreasonable
If committed by  entered the 6. exigent circumstance doctrine – searches and
private person dwelling against e.g. coup d’état seizures shall be
= trespass to the will of the 7. stop and frisk inviolable.
dwelling or owner thereof 8. admin arrest
qualified if with (n/a for no consent) 9. Suspicionless drug test
violence  searched papers
or other effects JUSTIFIED TRESPASS:
without prior (1) prevent harm to self, occupant,
consent of the 3rd person
owner (2) render service to humanity or
 surreptitiously justice
entered the (3) public houses like taverns while
dwelling or being open
required to leave
refused to do so
Art. 129 Public officer or Act 1: TEST for lack of just cause: NOTICE the start
Search employee with procured warrant of provision:
warrant authority to without just cause Whether the affidavit filed in “in addition to
maliciously make a search support for the application for the the liability of
obtained and or arrest Act 2: search warrant has been in such a any other
abuse in the Legally procured manner that perjury could be crime…”
service of warrant but he exceeds charged thereon.
those legally his authority or uses Hence, not
obtained unnecessary severity in complexed.
executing the same

Page 2 of 3
 Title 2: Crimes against Fundamental Laws of the State – Art 124-133 (addevs spio)

Art. 130 Public officer or (1) pub officer or - this does not apply to searches in Ditto
Searching employee with employee, armed with a moving vehicles
domicile legally procured valid warrant
without search warrant
witness (2) conducted a search - if target has different address
of the domicile and from the valid warrant, conducted
papers search is unlawful

(3) without the (a) - arresting officers should follow

owner (b) or any of his the warrant by its letter; no
family member (c) or 2 discretion
witnesses from locality

Art. 131 Public officer or (1) prohibit, interrupt, or - meeting must be peaceful (e.g. it Art. III, Sec. 4
Prohibition, employee dissolve, without legal is justified to interrupt communist No law shall be
interruption, ground, a peaceful meeting) passed abridging
and meeting the freedom of
dissolution of If committed by - offender must be stranger to the speech, of
peaceful private person (2) hinder any person meeting, not a participant expression, or of
meetings = disturbance from joining a lawful the press, or the
of pub order or association or attending - if he is a participant in the right of the
unjust vexation its mtg meeting, offense is unjust vexation people to
peaceably
(3) prohibit or hinder assemble and
person from addressing petition the govt
any petition to the auth for redress of
for the correction of grievances.
abuses

Art. 132 Public officer or (1) religious ceremony is - if offender is private person = Art. III, Sec. 5
Interruption employee about to take place or is crime is Art. 133, offending No law shall be
of religious going on religious feelings made respecting
worship an establishment
(2) public officer or of religion, or
employee prevents or prohibiting the
disturbs the same free exercise
thereof…

Art. 133 Public or (1) act is notoriously - act must be “notoriously Ditto
Offending private* offensive to the feelings offensive”, otherwise, it is only an
the religious individual of the faithful unjust vexation
feelings
- whether or not the act
*only crime in (2) act was performed in complained of is offensive to the
Title III that can a place devoted for religious feelings is a question of
be committed religious worship or fact (Celdran v People, GR No.
by a private during a religious 220127, 2018)
individual ceremony

Page 3 of 3
 Title 3: Crimes against public order – Art. 134 to 142
Recoup condi inse Coin (exclude 135 and 140)

Crime Elements Notes

Rebellion or (1) public uprising rebellion or insurrection = TERRORISM if sown or
insurrection created a condition of extraordinary fear
(Art. 134) (2) taking up arms against the govt and panic among the populace to coerce
(normative elements) govt to give in to unlawful demand

“crime of (3) Purpose of uprising either: GEN RULE: can’t be complexed with common crimes
masses”  (a) to remove from the allegiance to EXCEPT: unless crime is committed as a necessary
govt/law any Philippine territory means for the furtherance of rebellion (PP
“Crime of a  (b) Deprive the Chief Exec or the v Hernandez, GR No. L-6025, May 30, 1964)
multitude” Congress, wholly or partially, any of their
powers or prerogatives *rebellion – political; sedition – social or political
If no public (subjective element)
uprising, Rebellion Insurrection
taking arms SHORT: Aim: overthrow the Aim: prevent exercise of
v. govt = “to rise publicly and take arms against the govt govt gov’tal authority
direct to (a) or (b)”
assault Rebellion Treason
-levying war v. govt in -levying war v. govt in
GOAL: overthrown the government time of peace time of war
- always involves taking - need not be armed,
arms mere adherence + aid

Coup D’etat (1) offender is a member of the military or - use of loose firearm is absorbed in rebellion and
(Art. 134-A) police or holding any public office or attempted coup d’etat
employment
- if leader is unknown, the person who directed
(2) swift attack accompanied by violence, others, spoke for them, signed receipts, and other
intimidation, threat, strategy, or stealth acts on behalf of the rebels shall be deemed as the
leader.
(3) to seize or diminish state power
Coup d’etat Rebellion
(4) attack directed against duly constituted Essence: swift attack Public uprising and taking
authorities of RP, military camps, v. govt arms v. govt
communication networks, public utilities and
other facilities essential to the continued Purpose: destabilize Overthrow govt
possession govt by seizing or
diminishing state
SHORT: power
“to seize state power through a swift attack
against duly constituted authorities of the May be singly done Public uprising
Philippines”
dramatis personae: Dramatis personae:
GOAL: seize or diminish state power military civilians
Conspiracy There is conspiracy when two or more persons GEN: Conspiracy and proposal to commit felony not
and come to an agreement to ___ (elements of punishable-Art. 8
proposal to rebellion or coup) and decide to commit it. EXCEPT: Punishable conspiracy tcr st
commit (1) come to an agreement (Treason, Coup d’etat, Rebellion or
coup d’etat, (2) decide to commit it insurrection, Sedition, Terrorism) – same set
rebellion, or tcr minus st
insurrection There is proposal when the person who has
(Art. 136) decided to ___ (elements of rebellion or coup) *if the crime was consummated, conspirators are
proposes its execution to some other person or now guilty of rebellion as principal by inducement.
persons.
(1) has decided to *if person to whom crime was proposed agreed to
(2) proposes it execution commit it, he is guilty of conspiracy even if he had
not actually committed it.

Page 1 of 3
 Title 3: Crimes against public order – Art. 134 to 142
Recoup condi inse Coin (exclude 135 and 140)

Disloyalty of (1) failing to resist rebellion by all means in valid defenses:

pub officers their power Art. 11, par. 4: State of necessity
or Art. 12, par. 7: Any person who failed to perform an
employees (2) continuing to discharge the duties of their act required by law when prevented by an
(Art. 137) office under the control of the rebels insuperable cause.

(3) accepting appoint to office under the rebels

Inciting to (1) offender does not take arms In both inciting or proposing rebellion, rebellion
rebellion or should not have been successfully executed.
insurrection (2) he incites others to rise publicly and take
(Art. 138) arms v govt for any of the purposes of rebellion Otherwise, the crime is rebellion, and the person is a
principal by inducement – Art. 17, RPC
(3) inciting is done by speech, proclamation,
writing, emblem, banners and others tending Punishable inciting: inciting to war, rebellion,
to the same end sedition

Sedition (1) public uprising “tumultuous” – interruption or disturbance caused

(Art. 139) by more than 3 armed men or provided with means
(2) done tumultuously of violence (Art. 153, RPC)
= at least 4 participants
“violation of (3) with force, intimidation, or other means
the public outside of legal methods, and
peace” - if there is no public uprising to obtain the purposes
(4) employ any of those means to attain any of of sedition, the crime is = direct assault
the ff purposes: peisod
GOAL: raise a. Prevent promulgation or exec of any
tumult to law or holding of popular election P – prevent promulgation of any law or election
express (*includes plebiscite) E – prevent exercise of nat’l govt or any of its office
dissent v. b. Prevent nat’l govt or any of its office or of their function
govt officer from exercising their function i – inflict act of hate upon the person or property of
c. Inflict any act of hate upon the person any public officer or employee
or prop of any public officer or So – commit, for any socio-political end, an act of
employee hate against a private person or a social class
d. Commit, for any socio-political end, an D – despoil any govt unit of its property
act of hate against a private person or a
soc class (if against person lang, not
prop, unlike in letter c; otherwise, it *(b) of purpose applies to attack to judiciary
could be theft, malicious mischief, or
unjust vexation)
e. Despoil, for any socio-political end, any Common crimes are NOT complexed with sedition.
person, muni, or province, or the nat’l See table below
govt of its property
Conspiracy (1) two or more persons come to an agreement - proposal to commit sedition not punishable
to commit to rise publicly and tumultuously
sedition
(Art. 141) (2) and they decided to commit it

Inciting to (1) that the offender does not take direct part - Here, the offender does not participate in a
Sedition in the crime of sedition tumultuous uprising
(Art. 142)
(2) that he incites others to accomplish any act RULES re seditious words
which constitutes sedition (1) clear and present danger rule – words are of
nature that their utterance arouses a clear and
(3) that the inciting is done by imminent danger of public uprising >> evil
 by uttering seditious words or sought to be avoided is imminent, real
speeches which tend to disturb public (2) dangerous tendency rule – words used tend to
peace create a danger of public uprising can be

Page 2 of 3
 Title 3: Crimes against public order – Art. 134 to 142
Recoup condi inse Coin (exclude 135 and 140)

 by writing scurrilous libels against the subject to the penal clause >> used in the
govt or any duly constituted authorities Philippines if there is war or conflict
thereof, which tend to disturb public (3) balancing of interest >> applied before Marcos
peace Martial Law

Uttering seditious words and writing scurrilous libels

are punished when:
EXAMPLES:  They tend to disturb or obstruct any lawful
officer in executing the functions of his
1.) Meeting for the purpose of discussing office
hatred against the govt  They tend to instigate others to cabal for
unlawful purposes
2.) lambasting govt officials to discredit the  They incite rebellious conspiracies or riots
govt  They tend to stir up the people against the
lawful authorities or disturb the peace of the
community or order of the govt

Rebellion Sedition
(Art. 134) (Art. 139)
Public uprising is with taking of arms v. the govt Public rising is tumultuous (at least 4 armed
men)
gravamen: attempt to overthrow the govt Gravamen: cause tumult to express dissent
against the state
Purpose: (1) remove any Philippine territory from Purpose: (1) prevent Promulgation of a law or
allegiance to the govt popular election
(2) deprive the President or Congress of (2) prevent Exercise of govt auth of
their power nat’l govt or any govt office
(3) inflict any act of hate against a pub
officer or employee
(4) for a socio-political end, inflict act of
hate against any person or social class
(5) despoil govt of its property
Continuing crime – common crimes are Common crimes are NOT complexed but are
complexed if committed in furtherance punished separately
of rebellion

EXTRA NOTES:

 whenever crime is about inciting, the one doing the inciting must not actually take part in the actual crime
 there is no crime of proposal to commit sedition – since it is already part of inciting to sedition
 acts of inciting that are punished – inciting to War, inciting to Rebellion, inciting to Sedition WRS
 Indeterminate Sentence Law does not apply here, hence no parole
 Conspiracy to commit terrorism punishable – Human Security Act
 Terrorism is a continuing offense.
 Court decides if a group is a terrorist group. Without judicial declaration, no one can be arrested as a terrorist,
may only be charged by RPC and other penal statutes.
 If with court declaration, any member of a group tagged as terrorist can be arrested w/o warrant.
 if charged with terrorism, cannot be charged of sedition, etc. = double jeopardy
 if convicted with rebellion, sedition, etc., cannot be charged with terrorism = double jeopardy
So, strategically, it is better to confess for rebellion to avoid being charged with terrorism which has heaviest penalty,
40y without parole.

Page 3 of 3
 Crimes against popular representation – Art. 143-145
- these are acts against public officers who enact laws
RATIO: when legislative bodies are interrupted, the system is disturbed

Crime Elements NOTES

Acts tending to (1) there is a projected or actual meeting - if one prevents proceedings in
prevent the of the Congress or any of its committees or fiscal’s office or the courts =
meeting of of any of the provincial or city, municipal obstruction of justice since
Congress and board “similar bodies” refer to legislative
similar bodies bodies like Sanggunian
(Art. 143) (2) offender, public or private, prevents
such meeting by force or fraud

(by any person; by force or fraud)

Disturbance of (1) that there is an actual meeting of - complaint may be filed by a

proceedings Congress or its committees, or of any member of the legislative body
(Art. 144) provincial, city, or municipal board (Congress, provincial or
city/municipal council)
(2) that offender either:
a. disturbs any of such meetings - if mayor called a meeting with
b. behaves in a manner that interrupts the municipal officials, this does
the proceedings NOT apply because such meeting
is not a legislative body
(by any person; NOT by force or fraud)

Violation of ACT 1 ACT 2

parliamentary (1) that the offender uses force, (1) that the offender is a pub
immunity intimidation, threat, or fraud officer or employee
(Art. 145) (2) that he arrests or searches any
(2) that the purpose is to prevent any member of Congress
member of Congress from: aco (3) during such period, Congress is
a. Attending the meetings in session
b. Casting his vote (4) that member arrested did not
c. Expressing his opinion, or commit crime punishable under
the RPC by a penalty of prision
(by any person) mayor or higher

PDV – Prevent meeting of Congress

Disturbance of legislative proceedings
Violation of parliamentary immunity

NOTES during class:

• if congress is not in session, a Rep or Senator CAN be arrested for any crime or offense.
• But if congress is no longer in, has already adjourned, but there is a committee meeting, a Rep
or Senator CANNOT be arrested.
 Illegal Assemblies and Association
(Art 146-147)

Crime Elements Extra Offenders

Illegal ACT 1: ACT 2: - organizers and

assembly (1) any meeting, gathering of (1) any meeting or gathering leaders of the
(Art. 146) persons, in a fixed place of persons in a fixed place meeting (also guilty
or moving or moving of inciting to
Gravamen: (2) by armed persons* sedition)
Leading or (3) for the purpose of (2) in which the audience,
presence in a committing a crime armed or not, is incited to - those merely
meeting for an punished under the RPC the commission of the present at the
illegal purpose crime of treason, meeting with a
*if only some were armed, it rebellion, insurrection, common intent
is still an illegal assembly sedition, or direct assault (not inciting to
sedition which
ORGANIZED SYNDICATE = is only for
2 or more persons leaders)
collaborating for
purposes of gain in *mere presence is
the commission of punishable
any crime

Illegal Formation of or membership Illegal assoc Illegal assem - founders,

association in: directors,
(Art. 147) Gathering for Formation presidents of illegal
Associations totally or purpose of of, organization
Gravamen: partially organized for committing membership (prision
Formation of or the purpose of crime contra in assoc correcional)
membership in committing any of the RPC only contra legis,
an illegal crimes not only RPC *mere membership
association punishable under the RPC is punishable
Meeting is a Meeting not
or contrary to public
requisite required
morals

RA 1700 – repealed
Subversion – membership in a subversive org against the govt
*no law punishes subversion now
 Crimes against Public Order: CHAPTER 4
Assault against PIA and APIA – DIDR
Art. 148-151

Direct ACT 1: ACT 2: REASONS of assault &

Assault 1. WITHOUT public uprising, firs 1. WITHOUT public effect:
(Ar. 148) 2. employs force or intimidation uprising,  Personal Revenge =
3. to attain any of the purposes of 2. afis physical injuries, unjust
rebellion and sedition Attacks vexation, other light
Crime *cannot be invoked since rebellion and Employed Force threats, etc.
against pub sedition require public uprising – Fiscal intimidation, or  on the occasion of his
order Seriously resists past perf = direct assault
Rebellion (A134) Sedition 3. any person in authority  Any reason, as long as
(A139) or his agent, done during perf of
1. Public uprising 1. public 4. while engaged in or on official duty = direct
2. Taking arms uprising the occasion of the assault
Ordinary against govt 2. tumultuously performance of official
assault = 3. Purpose 3. with force or duties Offender must:
crime against either to (a) intimidation  Know the authority
persons remove Phil 4. purpose is QUALIFIED – WeLP  Has intent to defy
territory from any of the (1) weapon used, authority
allegiance to peisod (2) offender lays hands upon
govt or (b) person in auth (not agent) INTENT is impt, offender
deprive Pres “person in auth” –
(3) offender is pub officer or must know status of
or Congress of one who is
vested with
employee, or person he violated.
its powers
jurisdiction –
to govern and  May be complexed with
enforce law murder; but NOT with
firearm its use is inherent
“agent” – by law, in the crime – RA 10591
election, or  Direct assault with slander
apptment aid by deed – if intent is to
person in auth, embarrass the victim
maintains pub
order

Indirect Elements: The victim must be giving aid SAMPLE:

assault 1. Offender employs force or to a victim of direct assault **Attack against private
(Art. 149) intimidation upon private who is an AGENT of person in person in aid of a police
person (or pub officer not in auth  if he aided Person in making an arrest is not
indirect assault since the
duty) Auth, he becomes his agent,
police is not a victim of direct
Agent of 2. who comes to give aid hence attack against him assault.
person in 3. To an agent of a person in becomes a direct assault
auth lang ni authority is a victim of direct **Private person X aided
ang iyang gi- assault mayor who was attacked in
assist diri  person in auth not AMENDMENT: BP 873 his office. He is deemed an
included since if one aids a Art. 152 – persons who come agent (Art. 152). Hence, if X
person in auth, he becomes to aid a person in authority is is attacked, it is direct
an agent of person in auth, deemed his agent assault.
thereby making the crime
Direct Assault
Disobedience ACT 1: Refusal, without legal
to summons excuse, to obey the summons ACT 4: restraining another RATIO: power of inquiry is
issued by of Congress, ConCom, or their from attending as an impt legislative
Congress, committees witness in such body function
ConCom,
their ACT 2: refusing to be sworn while ACT 5: inducing disobedience
committees being before such bodies to a summons or refusal
(Art. 150)
ACT 3: refusing to answer any legal
inquiry when required as part
of their official duties
 Crimes against Public Order: CHAPTER 4
Assault against PIA and APIA – DIDR
Art. 148-151

Resistance or ACT 1: serious disobedience ACT 2: simple disobedience “serious” disobedience

disobedience 1. Person in authority or his agent 1. Person in auth or agent is involves use of form
to a person is perf official duty perf off duty
in authority 2. Offender resists such person 2. Offender disobeys but in a
(Art. 151) 3. Act of offender is not included simple manner
in Arts. 148-150

CONTRAST Art. 148 – direct assault Art. 151 - resistance

Serious resistance; no disobedience Resistance not serious, serious
(e.g. engaged in gun fight during disobedience
arrest) (e.g. did not stop take off the
hat when told)

Other NOTES during class:

• If Sheriff failed to execute an order by the court, he is not liable for Art. 151 since he did not disobey a
person but the order and the court. He is liable for contempt.
• If police gave aid to mayor being attacked – crime against police is still direct assault (not indirect
assault) since b giving aid to a person in authority, he himself became a person in authority. Indirect
assault is only committed by a private person who aided a victim of direct assault.
• If private person aided a PIA who is a victim of direct assault, the private person is deemed to be an APIA
under the definition in Art. 152, amended by BP Blg. 873.
 Title III: Crimes against Public Order
Chapters 5-7

Chapter 5: Public DISORDERS – tuad

Tumults and TUMULTUOUS = more than 3 Art. 131 Art. 153
other armed persons or Pid of peaceful Tumults
disturbances of with means of mtg (v. fund laws) (v. pub order)
pub order violence By pub officer By Private person
(Art. 153) who pid a Or pub officer
1. Causing any serious peaceful meeting participating in the
disturbance in a pub (Art. 155, par. 2) alarms meeting
+ > 4 armed men
place, office, or estab & scandals – Charivari,
Art. 132
2. Interrupting or disturbing if disorderly mtg only,
Interruption of religious worship
gatherings not in Art. no arms (v. fundamental laws)
131-132 By pub officer; interrupts of worship
3. Making an outcry tending 4. Displaying placards Art. 133
to incite rebellion or or emblems which Offending religious feelings
sedition provoke a Any 1 person; performed acts
disturbance of pub notoriously offensive to the feelings
order in such place of the faithful
Unlawful use of ACT 1: Publish false news ACT 2: Inciting to sedition (Art. 142) –
publication and which may endanger pub Encourage incite to prevent
utterances order disobedience to promulgation of law or to
(Art. 154) law or the prevent exercise of power by
authorities nat’l govt

Alarms and ACT 1: in a pub place, In Alarms & scandals, ACT 4: any intoxicated person
Scandals discharges any firearm, gun is not pointed; causing any disturbance or
(Art. 155) firecracker, or explosive Art. 254, discharge of scandal in pub places
producing alarm/ danger firearm if pointed

ACT 2: instigate or take active THIS IS A FORMAL Art. 153, Tumult & Other
part in charivari or other CRIME – no Disturbances – if more than 3
disorderly mtg offensive attempted or armed persons
to pub tranquility frustrated stage.

Delivery of  Offender removes or Infidelity in the Removing is punishable, even if

prisoners helps the escape of a V custody of prisoner prisoner was later brought back.
from jail prisoner in jail or asylum (Art. 223)
(Art. 156) If offender is a pub Liable prisoner if with final judgment
officer in custody of a for evasion of sentence. If detention
Either in detention prisoner prisoner, not liable.
or convict – prisoner
by final judgment
Negligence will NOT
apply in infidelity –
requires connivance
or consent

Chapter 6: EVASION of Service of Sentence – sop q

Evasion of  Convict by final Qualified evasion if This applies to destierro, by entering

service of judgment used: place in which one is
sentence  Sentence if for  Unlawful entry supposed to be banished.
(Art. 157) deprivation of liberty  Forcible entry CASE: People v Abilong, GR No. L-
 Evades sentence by  Connivance with 1960, November 26, 1948
escaping employees of
Not detention, the institution
must be a convict  Use of picklock,
violence,
intimidation

Page 1 of 2
 Title III: Crimes against Public Order
Chapters 5-7

Evasion on the  Prisoner by final If he gives himself up Technically, those who did not
occasion of judgment within 48 hrs escape during the calamity
calamities  Evades service of following the will not be entitled to a
Art. 158 sentence during proclamation, he deduction which is meant as
calamity (e.g. is entitled to a reward for returning within
conflagration) 1/5 deduction 48 hrs.  fucking absurd
 Offender did not give of his sentence
himself up after 48 hrs
following the
proclamation of the
Pres of the passing of
the calamity

Evasion by  Convict was granted MUST:

violation of conditional pardon Be convicted of the new crime
conditional by the Pres before you can be charged
pardon  He violated any of under this Art.
Art. 159 the conditions of the
pardon
Chapter 7: Quasi-recidivism
Quasi-recidivism  Offender was First offense need NOT Second offense must also be a
Art. 160 convicted by final be a felony, only FELONY
judgment of one the second one.
offense Hence, if illegal firearms punished by
 He committed a new Pardoned at 70: special law, no quasi-
felony before or Will apply after he has recidivism.
while serving the served out his 1st
sentence sentence

Page 2 of 2
 Book II, TITLE IV: Crimes against Public Interest

CONCEPT: These are crimes which involve deceit, misrepresentation, or falsity against the public at large. If the
misrepresentation or deceit or falsity was purposely availed of against a particular person the
same will constitute estafa. The crimes are grouped into three categories:

Title IV, Chapter 1 – Forgeries

 Official doc only; otherwise = falsification

EX: pardon or apptment paper with heading of the Office

Art. 161. Counterfeiting sss of the Pres
Sec. 1.
Govt Seal, of Chief Executive
NOT: Sec. placed marks or docs, not sig, over Pres sig
signature, which was left blank = Art. 171
stamp of the
Chief Executive
- sss  Official doc only; user ≠ forger, otherwise, =A161
Art. 162. Using forged sss of  Offender knowingly used the forged sss; he is an
the Chief Executive accessory but penalty is only one degree lower

Art. 163. Making, importing, “false coin” = not auth by govt as legal tender
or uttering false coins –  Includes: current & past Phil coins + foreign coins
miu  Uttering (here and below) must involve connivance

NOT: mere possession without animus utendi or intent to

utter (e.g. coin collection)

Art. 164. Mutilating, “mutilate” – diminish value of metal in coin

importing, or uttering of  Uttering involves connivance
coins - mutiu  Includes current coins ONLY
Sec. 2.
Coins NOT: mere possession or mutilating foreign coin or
mutilating demonetized Phil coins

Art. 165. Selling of false or REQS: (1) forged, mutilated by another

mutilated coins, without (2) possession, without connivance
connivance (3) intent to utter
(4) knowledge or constructive knowledge

 Connivance not required

 Includes: current & past Phil + foreign = false coins
 Includes: current Phil coins = mutilated

Sec. 3. “forge” - make and intend false instrument

Treasury or to be passed as genuine
bank notes, Art. 166. Forging, importing,  Commercial checks not included; they are covered under
obligations and and uttering treasury or falsif of commercial documents
securities bank notes and other  Includes: payable to bearer of foreign bank, govt
documents payable to “Payable to bearer” – e.g. bills, lotto ticket
bearer – fiu
EX: estafa through falsification of an obli or security of the
Philippines by forging winning lotto ticket

Page 1 of 6
 Book II, TITLE IV: Crimes against Public Interest

Art. 167. Counterfeiting, “utter” – circulate with intent to defraud

importing, or uttering  Includes: payable to order of foreign bank, govt
instruments NOT payable  Commercial checks not included = falsification of
to bearer – ciu commercial docs
(payable to order)

REQS: (1) falsified by another person,

(2) knowledge,
(3) used or possessed with animus utendi – or intent
to use

 Includes both payable to bearer and payable to order

Art. 168. Illegal possession or  Acceptance of forged instrument is not required to
use of forged bank notes consummate crime
and other instruments of
credit EX: Juan used a forged check in a bank which did not
accept it; he is still liable despite non-accept

NOT: possessed forged dollar bill, no intent to use

*All provisions include foreign currency or note except for

mutilation of coin which only applies to current Phil coins.

(Act 1) giving a treasury or bank note or any instrument

payable to bearer or payable to order the appearance
of a genuine document
(Act 2) erasing, substituting, changing, or altering (esca) by
Art. 169. How forgery (in this
any means the figures, letters, words, or sign
section) is committed
(FiLeWS) therein

 Forging is neither crime against person nor property,

hence no impossible crime of forgery

PD 247: unlawful to deface, mutilate, burn, tear, or destroy currency notes and
coins issued by the Central Bank of the Philippines

“document” – any written statement by which a right

is either established or extinguished

REQS: (1) authentic bill or ordinance

(2) offender – any one, no auth, altered the bill
Art. 170. Falsification of
(3) Alteration changed the meaning of the doc
Sec. 4. legislative documents
Documents  If doc is not authentic, see either Art. 171 or 172.
 Offender is any person not in custody of the doc being
falsified. BUT If offender prepared or has custody over
the doc, offense falls under Art. 171.
Art. 171. Falsification by pene See separate table
Art. 172. Falsification by priv8 See separate table

Page 2 of 6
 Book II, TITLE IV: Crimes against Public Interest

ACT 1: act of falsifying said messages

ACT 2: uttering of said falsified messages
Art. 173. Falsification of
ACT 3: using falsified docs with intent to damage 3rd persons
wireless, cable,
telegraph and
Offender: ACT 1 & 2 – officer or employee of a gov’t or private
telephone messages
entity engaged to send/receive messages; ACT 3 – anyone

ACT 1: physician falsified the med cert

ACT 2: pub officer falsified cert of merit or service
Art. 174. False med cert or ACT 3: private person falsified med cert or cert of merit
Sec. 5. cert of merit or service
Medical (1) offender did not falsify the cert
certificates and (2) he used the cert
certificates of (3) he knows about its falsity
merit or service Art. 175. Using false cert
NOTE: use of these false certs in a judicial proceeding is
punished in this article, not Art. 172 which is limited to those
docs under Art. 171 and 172
ACT 1: making or introducing to the Phil any instrument or
Sec. 6
Art. 176. Manufacturing, implement for counterfeiting or falsification
Manufacturing,
importing and
importing, and
possession of ACT 2: Possessing with intent to use said instruments that
possession of
instruments for the were made or introduced by a 3rd person
instruments for
commission of
the commission
falsification
of falsification

Title IV, Chapter 2 – Other Falsities

ACT 1: Usurpation of authority – any person who knowingly
and falsely REPRESENTS himself to be an officer,
agent, or rep of any agency of the Phil or foreign gov’t
 Not committed if the agency falsely represented is
fictional or inexistent

ACT 2: usurpation of official functions – any person who,

under the pretense of official position and without
being legally entitled to do so, PERFORMS any act
pertaining to any person in auth of the Phil Gov’t or
Sec. 1.
foreign gov’t
Usurpation of
 if he only performs without the pretense, NOT guilty
authority, rank,
Art. 177. Usurpation of
title, improper
authority or official functions CONTRAST:
use of names,
Usurpation of Powers (Art. 239-241) – deals with interference
uniforms, and
in the functions of one dept by another dept
insignia
May be COMPLEXED: e.g. Seduction through Usurpation of
Official Functions

NOT: an occupant of a title with colorable compliance

EXCEPT: if position is diplomat/consul (RA 75)
YES: even if pub official but without color of law (e.g. councilor
assuming mayor’s post who is on vacation despite
notices from Exec Sec and Fiscal that Vice should sit)

Page 3 of 6
 Book II, TITLE IV: Crimes against Public Interest

Q: How about a person impersonating the officer for

entertainment? – No. not a crime.

ACT 1: using of fictitious name

1. Offender used name other than his real name
2. Offender uses the fictitious name publicly
3. Offender has the purpose of con ev da
a) Concealing a crime
b) Evading execution of a judgment, or
c) Cause damage to pub interest
Art. 178. Using fictitious name
NOTE: if the intent is to cause damage to
and concealing true
private interest = estafa
name
ACT 2: concealing true name
1. Offender conceals his true name
2. Purpose is only to conceal his identity
NOTE: diff 1: purpose; diff 2: lack of publicity in Act 2

1. Offender makes use of insignia, uniform, or dress iud

2. The iud pertains to an office not held by the offender
3. Said iud was used publicly and improperly

NOTE: exact resemblance not necessary; colorable

Art. 179. Illegal use of resemblance as long as calculated to deceive common
uniforms and insignia people is what is being punished
 This offense includes use of ecclesiastical habit

RA 493 – for using military badge, iud, etc.

RA 75 – for using diplomatic or consular iud

Sec. 2. 1. There is a crim proceeding

False 2. Offender testifies falsely under oath v. defendant
Art. 180. False testimony
Testimony 3. Offender knows testimony is false
against a defendant
4. Defendant was either acquitted or convicted in final
1. Any person judgment
who is under (crim cases)
oath - penalty is higher if defendant has high penalty; lower if
2. With legal NOTES:
defendant has low penalty or was acquitted
obligation to  cannot be committed
tell the truth on through negligence
NOT: if defendant is not punished by at least a correctional
a material  Does not apply to
matter during penalty (e.g. arresto menor, imprison < 15 days or fine <40k),
special proceedings
a judicial Art. 183 - perjury instead
which are covered
proceeding
under Art. 183-
3. Denies the False testimony Perjury Untruthful -
truth or say Perjury
A171
something  This is odious being
During judicial in (1) subscribed and Not in a sworn
contrary to it committed before the
proceedings sworn doc, (2) during doc
court which could
prelim investigation, or
cause a miscarriage
REQ: req by law (3) special proceedings REQ: legal obli
of justice
to tell truth
REQ: falsity is on
material matter

Page 4 of 6
 Book II, TITLE IV: Crimes against Public Interest

3 forms: Unlike in Art. 180, conviction or acquittal of defendant is not

(1) in crim necessary to make someone liable under this provision.
cases – Art. Art. 181. False testimony
180-181 favorable to a  Rectification made spontaneously after a mistake is
defendant not false testimony
(2) in civil cases (crim cases)  Defendant himself could be liable for this if he
– Art. 182 voluntarily goes upon the stand and falsely imputes
others to the crime.
(3) other cases Art. 182. False testimony in Basis of penalty is amount involved in controversy.
e.g. special pro civil cases
or PI – Art. 183
1. Accused made a statement under oath or an affidavit
upon a material matter
2. Statement or affidavit was made before a competent
Art. 183. False testimony in auth authorized to receive or administer oath
other cases and 3. In the statement or affidavit, accused made a
perjury deliberate assertion of falsehood
4. The statement or affidavit is required by law
TEST of materiality:
If false statement can ACT 1: making false testimony – PI, special proceedings
influence the tribunal or ACT 2: making a false affidavit
result of trial (P v Banzil)
**Art. 183 implies subornation of perjury committed by any
person who induces another to commit perjury and he indeed
committed it – Art. 17, principal by inducement
 does not apply when the offender
induced a witness to testify falsely
 applies when offender knowingly presented a false
witness, and the latter testified falsely.
Art. 184. Offering false
testimony in evidence
(1) he who OFFERED the testimony = liable under Art. 184
(2) witness who testified = liable under Arts. 180-183
depending on the proceedings

Title IV, Chapter 3 – Frauds

Sec. 1 ACT 1: soliciting gifts or promise as a consideration for

refraining from taking part in any public auction
Art. 185. Machinations in
ACT 2: attempting to cause bidders to stay away from
public auctions
auctions by threats, gifts, or promises
 threat or coercion is absorbed; bribery is separate

Art. 186. Monopolies and Repealed by RA 10667 or Philippine Competition Act

combinations in restraint of
trade
PROOF OF FALSIFICATION
CASE: Cesar vs. Sandiganbayan
G.R. No. 54719, 17 January 1985, quoting Osborn, The Problem of Proof
To determine forgery, it is necessary to determine
1. whether the variation is due to the operation of a different personality, or is only the expected and inevitable variation
found in the genuine writing of the same writer, and
2. decide whether the resemblance is the result of a more or less skillful imitation, or is the habitual and characteristic
resemblance which naturally appears in a genuine writing.
When these two questions are correctly answered the whole problem of identification is solved."

Page 5 of 6
 Book II, TITLE IV: Crimes against Public Interest

DOCUMENT – any written statement by which a right is Acts of falsification or falsity

established or extinguished 1. Counterfeiting – refers to money or currency;
2. Forgery – refers to instruments of credit and
1. Public document – any instrument notarized obligations and securities issued by the
by a notary public or competent public Philippine government or any banking
official institution authorized by the Philippine
with the solemnities required by law. government to issue the same;
Example: EXCEPT: sss of the President = forging
a. Civil service examination papers Includes: national bank notes, foreign govt bank notes
b. Official receipt required by the 3. Falsification – can only be committed with docs
government Includes: docs all types, commercial checks
to be issued upon receipt of money for It is a proper complex Cannot be complexed with
public purposes crime with estafa, estafa as both crimes
c. Residence certificate malversation, or theft produce damage and one
d. Driver’s license since this is a is not a necessary means
2. Official document – any instrument issued by necessary means to to commit the other
the government or its agents or officers commit the other
having
authority to do so and the offices, which in Damage is not required Damage or intent to
accordance with their creation, they are since the act itself is damage is required in order
authorized to issue. punishable. to be liable, EXCEPT for
Example: presenting a private doc in
Register of attorneys officially kept a judicial proceeding
by the Clerk of the Supreme Court
Both may be committed by culpa and by negligence.
3. Private document – every deed or instrument If thru negligence but the Information is for culpa, may
by a private person without the intervention still be convicted under same Information since the
of the notary public or of any other person greater includes the lesser
legally authorized, by which document some
disposition
or agreement is proved, evidenced DEFENSES:
or set forth.  Good faith, lack of damage for private docs (e.g.
Example: signing payroll for officemate who is sick)
Class cards, cash disbursement voucher in  Correction, not alteration where deception is
5/6, movie ticket inherent and no effect on the veracity of doc
 BUT falsif of a sales invoice is falsif of a pub doc
although it was a private doc at the time of falsif ARIAS principle: (Arias v Sandiganbayan, GR No.
because it is a doc intended by law to be part of pub or 81563, December 19, 1989)
official record (Monteverde v People, G.R. No. 139610, Test of culpability of a final approving authority on the
August 12, 2002) basis of criminal conspiracy:
 There should be other grounds than the mere
4. Commercial document – any instrument
signature or approval on the voucher to sustain
executed in accordance with the Code of
conspiracy
Commerce of any mercantile law containing
 It is impossible for heads to personally check all
dispositions of commercial rights or
vouchers hence they have to rely, to a reasonable
obligations
extent, on their subordinates and the good faith of
Example: checks, warehouse receipts
those who prepared the docs
RA 8239 / Phil Passport Act of 1996 – falsification of passport Art. 188-189 repealed by RA 8293 – IP Code
Counterfeit – to fool consumers to believe that they are
Falsif of pub doc Falsif of private doc
actually buying the products of a certain trademark
Penalty is higher than Penalty lower Infringement – unauthorized use of trademark so as to
in private doc cause confusion or mistake

Deception ≠ cause confusion

Page 6 of 6
 Art. 171 and 172, RPC
Art. 171 (4) Making 1. Offender makes
Falsification by public officer, employee, or notary public, or untruthful untruthful narration of
ecclesiastical minister - pene statements in facts in a doc
the narration of 2. He has legal obligation to
REQS: facts disclose the truth
 Offender is a public officer, employee, or notary public, 3. Perversion of truth is w/
or ecclesiastical minister intent to injure a 3rd
 he takes advantage of his position either because (1) he person (unless a pub doc)
has the duty to prepare the doc or (2) has official 4. Act changes the integrity
custody over the same of the doc or the effects
 he falsified a document through any of the eight modes thereof
below: icau dani 5. Facts are absolutely false
without colorable truth
(1) 1. hsr must bear some
Counterfeiting or resemblance EX: changing one’s birthdate in
imitating any 2. there is an intent or driver’s license
handwriting, attempt to imitate
signature, or NOT: (1) “I’m eligible to run as
rubric - hsr  If false signature is very Councilor” while underaged
different from original = Act #2 is a conclusion of law, not of
 If President’s signature was fact ≠ falsification; (2) false
imitated = Art. 161 statements in CSC form
 If no original at all, “fingiendo” under oath = perjury; (3) 3rd
(feigning) is used in Spanish text person, not an Affiant, alters
for imitation, hence an affidavit = act #6; (4) minutes
inexistent hsr may be forged in a meeting with wrong
(e.g. making it appear that an facts = not falsif if no intent
illiterate signed the doc is guilty to injure (unless a pub doc);
here for feigning) (5) vitiated consent in a sale
 If doc has no legal efficacy, of land not falsif since
imitation is not falsification. signature is genuine
 If there is no attempt to imitate (5) Altering true  Alteration must change
(e.g. accused is illiterate), Act #1 dates the veracity of the
and Act #2 cannot be imposed. document

(2) Causing it to 1. Offender caused it EX: correction in the date of

appear that to appear in a doc receipt to reflect true date is
persons that a person acceptable but not if one changed
participated in participated in an birthdate on birth cert even if as a
any act when act or proceeding correction
they did not in 2. That such person
fact do so did not in fact so (6) Making any 1. Alteration or
participate alteration or intercalation on a
EX: simulated warrant of arrest intercalation in a genuine doc
genuine doc 2. Such alteration or
 Here, imitation of signature which changes its intercalation changed the
not necessary, but may apply meaning meaning of doc
in some cases (e.g. 3. The change made the
postmaster signed for clients document speak of falsity
to obtain their money order) EX: changing one’s time of arrival
(3) Attributing to 1. a person participated in in the DTR
persons who an act and made a
participated in an statement NOT: priest changed his age from
act statements 2. Offender, in making a 23 to 25 on his cedula, he is
other than those document, attributed to in fact 25. This is correction,
made by them such person statements not falsification.
other than those made
“twisting by the latter  If alteration changed doc to
statement; speak truth, no falsification,
putting words in EX: agent supposed to draft SPA since deception is inherent in
one’s mouth” instead made a deed of sale in alteration.
his favor; substituting name as (7) Issuing in an 1. Offender issues an
heir in a will when he is actually authenticated authenticated copy of
not form a doc the document
purporting to be 2. And that the original
a copy of the copy either does not exist
original doc
Page 1 of 2
 Art. 171 and 172, RPC
when no such or is different from the
original exists or authenticated copy Making Untruthful Perjury (Art. 183)
the copy is Statements (Art. 171, par.
contrary to that EX: issuing true copy of land title 4)
of the original indicating that land is Doc must not be subscribed Deliberate assertion of a
mortgaged when in fact there or sworn. Must be with falsehood under oath or
“Authenticated is no such encumbrance in the intent to damage and affirmation upon a
but no original or original copy. violation of a legal obli to material matter before a
is different from disclose competent auth 
original” violated is the solemnity
of oath
(8) Intercalating There must be a legal Falsehood refers to
any instrument EX: inserting a birth cert in the obligation to disclose truth. MATERIAL MATTER –
or note relative civil registry record to make it If there is no law requiring the subject of inquiry
to the issuance appear that the birth was disclosure, no falsification.
thereof in a recorded.
protocol, Perjury (A183) False Testimony
registry, or - given under oath or (A180)
official book affirmation - given during a judicial
(pro) proceeding, actual trial
*In the case of an ecclesiastical minister, he is - may also be given in a - law does not include
liable under this article for falsification of preliminary investigation special proceeding
documents that affect the civil status of persons. hence will not apply

IMPORTANT NOTES: Q: If two affidavits from the same person contain conflicting
 if pene did not take advantage of position to falsify the information, is he liable for perjury?
doc, the offense is under Art. 172 A: No. The prosecutor must first establish which of the
EXAMPLE: versions is false and give the person the opportunity to
Court transcript is under custody of stenographer. If a explain the discrepancy. – US v Capistrano, GR No. L-
police officer altered it, he is liable under Art. 172, not 15001, March 15, 1920
Art. 171. His act did not pertain to his office or position.
 This provision applies to both public and private Art. 172
documents. Falsification by private individuals and use of falsified
 If private person conspired with a public officer in documents
committing a falsification, he will have the same liability
as the public officer due to conspiracy. Par. 1 Par. 2 Par. 3
Falsification of a Falsification of a Use of falsified
Falsifying public documents  does not require damage public, official, or private document document.
or intent to damage to be punished since GRAVAMEN: commercial of a private
violation of pub faith and destruction of truth as therein document by any individual REQ:
solemnly proclaimed private individual (1) offender not
Falsifying private documents  requires damage or REQ: the falsifier
intent to damage; need not be monetary; BUT damage REQ: Damage or intent (2) he used a
not required if false private doc is presented in a judicial (1) private person to cause damage falsif document
proceeding or pub officer (3) he has
who did not take knowledge of its
 Falsifying public documents is COMPLEXED with estafa advantage of falsity
since it is a necessary means to commit another crime position
(2) committed E.g.
– estafa (complex crime proper, Art. 48).
any of the modes Use of falsified
 There is NO complex crime of estafa and falsification of
of falsif in Art. doc in a judicial
private documents since in the latter crime, damage or 171 proceeding
intent to cause damage is not a necessary means to
commit estafa.
PRESUMPTION OF AUTHORSHIP
The user of the falsified document is deemed the author of
QUES: If charged with intentional falsification, can he also be
the falsification if: (BAR 1997)
charged with Falsification thru negligence?
(1) the use was so closely connected in time with
ANS: Yes. A conviction for falsification through NEGLIGENCE the falsification, and
can be had under an Information exclusively charging (2) the user had the capacity of falsifying the
the commission of a willful offense, upon the THEORY document
THAT THE GREATER INCLUDES THE LESSER OFFENSE 
since negligence is lesser than intentional
(Samson vs. Court of Appeals, GR Nos. L-10364 & L-
10376, March 31, 1958)

Page 2 of 2
 RA 9165: Comprehensive Dangerous Drugs Act of 2002
Repealed Title V of Book 2 of RPC

Salient Provisions: 8) Possession of DD or drug

paraphernalia during parties,
 RA 9165 changed the old classification meetings, social gatherings
between Prohibited and Regulated 9) Use of DD, provided accused is not
Drugs to: DD (dangerous drugs) and charged of possession
CP/EC (Controlled precursors and 10) Cultivation of plants classified as DD –
essential chemicals) need not be a plantation, one plant is
 Possession of different substances gives punishable
rise to separate charges (e.g. one may 11) ATTEMPT OR CONSPIRACY (Sec. 26)
be charged for possession of marijuana for: IS MMC
and possession of shabu at the same - does not include possession
time) - penalty is the same as consummated
 Sale and possession of substance are 12) Offenses by physicians and drugstores
charged separately (e.g. one may be  failure to maintain and keep
charged for sale of shabu and records of DD or CP/EC
possession of shabu not part of the  unnecessary prescription
sale)  unlawful prescription
 If charge of sale is not proven, accused
may be convicted of possession instead
 Possession may be actual or TWO NEW ACTS added in 2002 law:
constructive (1) acting as a financier
ACTUAL possession – in the immediate (2) acting as protector or coddler
physical control
CONSTRUCTIVE possession – under the
control or dominion of the accused SPECIAL AGGRAVATING circumstances:
1) manufacturing was conducted with the
 Hence, one may be charged for presence or help of a minor
possession if drugs were found in his 2) manufacturing within 100m from school,
bedroom even when he was absent at church, residence or business
the time of discovery 3) lab was protected by booby traps
 “planting of evidence” – willful, 4) lab was concealed as a legitimate business
malicious, and surreptitious inserting or 5) any employment of a chemical engineer
placing DD or CP/EC of whatever minor school legit booby engr. - Sec. 8
quantity to incriminate an innocent 6) use of minor or mentally incapacitated for
individual delivery – Sec. 10
 If planting of evidence used a substance
that is not unlawful, crime committed is
Art. 363 – Incriminating an Innocent
Person QUALIFYING AGGRA CIRC under RPC – Sec. 25:
 Positive finding for the use of DD –
corroborated by a confirmatory drug test
Factors affecting criminal LIABILITY: COMMENTS:
1. The kind of substance involved – DD incurs  in the old law, accused must be high on
higher penalty drugs but in RA 9165, mere positive finding
2. Acts performed by the accused such as: is a qualifying aggra circ
1) Importation  this qualifying aggra is a prob for crimes
2) Sale, trading, dispensation, delivery, with no qualified forms such as parricide,
distribution and transportation std ddt robbery, threats, and physical injuries
– quantity of substance NOT material
3) Maintenance of den, dive or resort ddr CHAIN OF CUSTODY (Sec. 21)
4) Being an employee or visitor of ddr - STEP 1: inventory of confiscated things in the
Sec. 7  for visitor, he must presence of accused, or his counsel, a
knowingly visit the ddr media or DOJ rep, and any elective public
5) Manufacture of DD or CP/EC or of drug official – acmed who shall be required to
paraphernalia sign copies of the inventory
6) Illegal chemical diversion STEP 2: submit within 24 hours to PDEA
7) Possession of a DD – quantity is laboratory for quali and quanti exam
material
 RA 9165: Comprehensive Dangerous Drugs Act of 2002
Repealed Title V of Book 2 of RPC

STEP 3: issue a certification of the forensic lab

result, done under oath, within 24 hours
from receipt
STEP 4: ocular inspection of the Court within 72
hours after filing of crim case
STEP 5: destruction or burning within 24 hours
by PDEA in the presence of acmed

CHAIN OF CUSTOY - ilcod

1. inventory with acmed
2. submit to PDEA forensic Laboratory, 24h
3. issue Certification of the lab result, 24h
4. Ocular inspection of the court, 72h from
filing of the crim case
5. Destruction or burning of confiscated
items with acmed

PROBATION – as long as crime is not punished

by more than 6 years (prision correcional)

PLEA-BARGAINING – Sec. 23 of RA 9165 was

struck down as unconstitutional. The provision
prohibits plea bargaining for any case under the
said law. This violates the constitutional rule-
making power of the Supreme Court granted
under Art. VIII, Sec. 5 (5) of the 1987
Constitution.

Suspended sentence for minor

• CONFLICT WITH Family Court Law which
requires suspended sentence for over
15, below 18 as mandatory
• RA 9165 – suspension of sentence is
discretionary upon the court

SUMMARY
Sec. 8 Special aggra:
Minor school booby legit engr.

Sec. 10 Special aggra:

Minor or insane deliver
Sec. 21 Chain of custody:
ilcod
Sec. 23 No plea bargaining – struck down

Sec. 25 Qualifying aggra:

Positive use corroborated drug test

Sec. 26 Mere attempt or conspiracy

consummates the crime
 TITLE VI: Crimes against Public Morals

PD 1602 imposed penalties for gambling, cockfighting, other RA 9208 – Anti-Trafficking in Persons Act of 2003
forms gambling under Art. 195-199 of RPC
“Trafficking in persons” –
Art. 200 Elements: 1) To recruit, transport, transfer, harbor, provide, or
Grave  Offender commits a highly receive a person, with or without the victim’s
Scandal scandalous act against decency and consent, by any means, including those done under
good customs the pretext of domestic or overseas employment or
 Such act does not fall in any other training or apprenticeship, for the purpose of:
article under RPC  Prostitution
Gravamen:  Such act is committed in a place of
 Pornography
 publicity public character --- no need that
contra someone had seen it
 sexual exploitation
morals  forced labor
 public Grave scandal Acts of  slaver
scandal (Art. 200) lasciviousness  involuntary servitude or
(RA 7610)  debt bondage
With consent Without consent
2) to introduce or match for money any Filipina to a
Crime of last resort Involves a child
foreign national, for marriage for the purpose of
Grave scandal Alarms & Scandals
trading her to engage in prostitution – see list above
(Art. 200) (Art. 155)
3) to offer or contract marriage for the purpose of
With consent, not - Intoxicated
intoxicated - disturbs public trading them to engage in – see list above
- moral scandal order 4) organize travel tours for the purpose of offering
Art. 201 PD 969 – amended Art. 201 prostitution, porn, sexual exploitation
Immoral Purpose: protect public morals 5) to maintain or hire a person to engage in
doctrines, prostitution or pornography
obscene  Offender expounds doctrine contra 6) to adopt or facilitate adoption for the purpose of –
pub, public morals see list above
indecent  Author, publisher, and seller of obscene 7) to recruit, hire, adopt, transport or abduct a person
shows literature by use of threat, force, violence, intimidation,
 Showing, selling, exhibiting prints, films, coercion for the purpose of removal or sale of
literatures, sculptures offensive to organs of said person
Gravamen: morals, glorify crime, offensive to race 8) to recruit, transport, or adopt a child to engage in
Disseminate or religion, or for prurient interest
obscene
armed activities here or abroad
materials to  Essential element: publicity Prescription: 10 years
public
 Mere possession not punished
without intent to distribute Qualified prescription: 20 years for organized syndicate or
 PD 969 states that confiscated large-scale human trafficking
materials, even after acquittal, shall
be destroyed by the govt
TEST for obscenity – PVC
- prurient interest RA 7610 – Special Protection of Children against Abuse,
- no artistic, lit, or scientific value Exploitation, and Discrimination Act
- commercial purposes
(1) Child prostitution and other sexual abuse
Art. 202* (1) any person having no apparent means of (2) Child trafficking
Vagrancy subsistence, who has ability to work (3) Obscene publications and indecent shows
and (2) any person loitering in public spaces (4) Other acts of abuse, neglect, cruelty, exploitation, and
Prostitution without visible means of support other conditions prejudicial to a child’s development
(3) any idle or dissolute (lax) person who
lodges in houses of ill-fame; ruffians, This law punishes these crimes more severely than RPC does,
*not pimps, and those who habitually so Fiscal Tajon preferred to file a case based on this
applicable associate with prostitutes statute instead of RPC.
to minors (4) any person, not included in other
per the UN provisions, found loitering in a place
Convention belonging to another w/o just cause
on the (5) prostitutes
Rights of
the Child “Prostitute” – a woman who, for profit,
habitually engages in SI
“Vagrant” – man who does same conduct -
RA 10158 decriminalized vagrancy

White slavery (Art. 341) – crime of

conspirators of a prosti like pimps
 TITLE VII: Crimes by Public Officers

Art. 203
“Public Officer”  ignorance of law, to be punished, includes bad faith
A public officer is one who:  Final judicial declaration that order is unjust could be
(1) an employee, agent, or official of any rank or class obtained through:
who takes part in the perf of a pub function in any a. an action for certiorari or prohibition, or
branch of the govt b. An admin proceeding in the SC
(2) his auth to perf public duties must be: LEA
a. by direct provision of LAW, or Art. 206: Unjust interlocutory order
b. by popular election, or (1) Offender is a judge
c. by appointment (2) He performs any of these acts:
(3) Knowingly renders an unjust interlocutory order, or
NOTES: (4) Renders manifestly unjust interlocutory order thru
 from highest to the lowest rank – from the President inexcusable negligence or ignorance
to the government janitor EXAMPLE: granting bail to non-bailable offense
 if appointed from pub sector but law invested him with NOTES:
some sovereign functions of the govt = pub officer (e.g.  “interlocutory order” – order issued while case is still
assessors, claims commissioner, arbitrator) ongoing (e.g. interlocutory injunction to stop sale of
prop pending an action against it)
3 Forms of Breach of Oath  “final order” – if nothing is left to be done in the trial
Misfeasance Malfeasance Nonfeasance court
Improper perf of Perf of some Omission of some
some act which act which act which OUGHT to Art. 207: Malicious delay in the admin of justice
may be lawfully ought NOT to be performed (1) Offender is a judge
done be done (2) He delays the admin of justice in a proceeding in
his court
Art. 204-207: Art. 210-211-A Art. 208 (3) The delay is malicious or caused with deliberate
Judge rendering Direct bribery Dereliction intent to cause damage on either party
unjust orders* Indirect EXAMPLE: malicious grant of frequent postponements
bribery  if delay is not malicious but committed thru gross
Prevaricacion Qualified **Art. 204-207 n/a negligence, crime is punished by RA 3019 (Anti-Graft
Art. 204-209: bribery for justices: decision and Corrupt Practices Act)
+ dereliction & is collective
betrayal by atty judgment
NON-MISFEASANCE CRIMES
MUST: Offense of violator who the pub officer refused to
prosecute must be proved as basis for officer’s dereliction.
MISFEASANCE CRIMES

Art. 208: Dereliction of duty in the prosecution of offenses:

MUST: Before a judge becomes liable in any of these crimes,
Negligence & Tolerance
there must be a final judicial declaration that order is unjust.
ACT 1: maliciously refraining from instituting
prosecution against violators of the law
Art. 204: Knowingly rendering unjust judgment
ACT 2: maliciously tolerating the commission of offenses
(1) Offender is a judge
REQS:
(2) renders an unjust judgment on case submitted to him
(1) Offender is pub officer or officer of
(3) The judge knows that such judgment is unjust
law with duty to prosecute**
(2) There is dereliction of duties of his
NOTES:
office by act 1 or act 2
 there must be positive evidence that the judge has
(3) He acted with malice to favor the
deliberate intent to do an injustice either due to:
violator of the law
a) Error
CF: Art. 238 – abandonment of office
b) Ill-will or revenge, or
(1) pub official who resigns  difference
c) Bribery
(2) his resignation is not yet accepted
 crime cannot be committed by justices of appellate
(3) he abandons office to detriment of public service
courts since they render decisions based on a
collective judgment + evasion of discharge of duty to prevent, prosecute, or
punish crimes under Title I (national security) and Chapter
Art. 205: Judgment rendered thru negligence 1 of Title III (rebellion, sedition)
(1) Offender is a judge ++ evasion of duty to prevent, prosecute, or punish any other
(2) renders manifestly unjust judgment crimes
(3) It is due to his inexcusable negligence or ignorance

1
 TITLE VII: Crimes by Public Officers

QUES: If a police officer refrains from apprehending an

offender, is he liable here?
ANS: No. He has no duty to prosecute, only the Chief of
police. He could be liable:
1. As accessory to the crime of the principal - Art. 19,
par. 3 – took part in the subsequent commission
2. Fence as punished under the Anti-Fencing Law if
crime by principal is robbery or theft
3. Violation of RA 3019 or the Anti-Graft and Corrupt
Practices Act
4. Obstruction of justice under PD 1829

NOTES:
 PERSONS WITH DUTY TO PROSECUTE – prosecutors
and their assistants, BIR agents to report NIRC
violations, forestry agents for illegal loggers, Chief of
Police who may appear as pros in MTC absent a
regular prosecutor, Brgy Capt.

PREVARICACION CRIME*
Art. 209: Betrayal of trust by an attorney

ACT 1: causing damage to client by malicious breach

or inexcusable negligence

ACT 2: Revealing secrets of client learned by lawyer in

his prof capacity – damage not necessary

ACT 3: undertaking defense of opposing party in the

same case, without consent of his first client

*in addition to Prevaricacion in Arts. 204-207

2
 Title VII: Crimes committed by Pub Officers

Art. 211 REQS:

Crimes of Malfeasance
Indirect Bribery 1. Offender is a pub officer
(Art. 210 to 211-A)
2. He accepts gift
Art. 210 REQS: 3. Said gift is offered to him by
Direct bribery 1. Offender is a public officer – A203 reason of his office
2. Offender accepts an offer or Gravamen:
receives a gift by himself or Receipt of gift STAGE: consummated only
through others; by reason of his
3. Such offer or gift is received* office: **PD 46 punishes the same, includes
Gravamen: a) In agreement to perform an - past favor giving/receiving gifts during Xmas
Acceptance of act pertaining to his office - future favor ***for purposes of prosecution,
gift with a view which constitutes a crime - or earn good offender must have done an overt
of committing a b) In consideration of the exec will of officer act expressing ownership – mere
crime or an of an act which does not physical receipt not enough –
unjust act in constitute a crime but the Formilleza case
exchange. act is unjust, or
c) To abstain from perf of
official duties Art. 211-A 1. Offender is a pub officer entrusted
4. The act committed by offender is Qualified with law enforcement
connected with his official duties Bribery 2. He refrains from arresting or
prosecuting an offender who has
PAR committed a heinous crime
GEN: ACT 1: agreeing to Perform an act punishable by Reclusion Perpetua
Bribery is pertaining to the duties of the 3. He refrains from arresting or
NEVER office which constitutes a CRIME prosecuting the offender in
absorbed or  mere promise, meeting of minds consideration of a gift or promise
complexed. consummate this, no need for
delivery of promise **For all forms of bribery, if it was the
EXCEPT: STAGE: only consummated pub officer who solicited gift but private
In delivering EX: warden either solicited or accepted person reported leading to entrapment,
prisoners, a bribe in order to kill an inmate crime is only attempted bribery
bribery is a ***crimes is related to Art. 208 –
qualifying aggra ACT 2: Accepting a gift in consideration dereliction – DIFF: w/ duty to prosecute
circumstance of the execution of an act which an offense with RP penalty
does not constitute a crime
 mere agreement not enough since
penalty refers to overt, executed act;
Consideration: there must be delivery; act = unjust Art. 212 – Corruption of Public Officials
Need not be STAGE: attempted and 1. Offender makes offer or promise or gifts to a pub officer
money but consummated only 2. The offer was given to pub officer that will make the
article of EX: police received bribe to delay latter liable for direct, indirect or qualified bribery
pecuniary service of warrant; he was caught
value before he was able to execute promise Attempted corruption of pub official – committed if pub
officer refused to be corrupted
ACT 3: Agreeing to Refrain from the Consummated Bribery – crime committed by corruptor if pub
performance of official duties officer committed the crime – conspiracy
 omission is not crime; ACT 1 is

Ques: If officer accepted gift not to file a case but after

*ACT 1 makes this a crime involve moral receiving gift, still filed the case contrary to promise.
turpitude: acceptance of gift in Ans: Act 1 bribery since mere agreement consummates it;
consideration of committing a crime non-filing of case is a crime (dereliction). If act is not a crime =
in exchange. estafa since Act 2 needs delivery and no crime, only unjust
**no frustrated stage; with attempted
***persons who bribed are liable for Repeat:
Corruption of Pub Officials – A.212 QUES: If a police officer refrains from apprehending an
offender, is he liable here?
ANS: No. He has no duty to prosecute, only the Chief of
police. He could be liable:
PRIVATE PERSON liable for bribery:
1. As accessory to the crime of the principal - Art. 19,
 Those performing a pub
par. 3 – took part in the subsequent commission
function (e.g. assessor,
arbitrator, claim 2. Fence as punished under the Anti-Fencing Law if
commissioners, etc.) crime by principal is robbery or theft
 Those who conspired with 3. Violation of RA 3019 or the Anti-Graft and Corrupt
pub officer to commit bribery Practices Act
4. Obstruction of justice under PD 1829
Page 1 of 2
 Title VII: Crimes committed by Pub Officers

Attempted bribery – if party reported it

Officer
BRIBERY in relation to other crimes:
solicited
 ROBBERY – forced, giver unwilling, intent to
gift in
gain
exchange Bribery, simple or qualified – if there
- taking of property by use of force or intimidation
 THEFT – no force but also no consent, no was meeting of minds between the two
possession Bribery, direct or qualified – if in
 ESTAFA – if offender had no auth over pub consideration of an official
funds yet misappropriated it; or officer performance
Officer
accepted bribe but did not do the agreed act – Indirect bribery – if in consideration of
received a
giver may recover (ATTEMPTED BRIBERY, Act #2 a future favor, implied, no meeting of
gift
if did not exec by reason other than his own minds
spontaneous desistance) Graft and corrupt practice – if no
 ATTEMPTED BRIBERY – if officer solicited it and consideration
the supposed giver reported it
 ATTEMPTED ROBBERY – if officer forced the
giver and giver reported it
 ACCESSORY TO THE CRIME – if officer did the
accused a favor without any gift in return  but Ramiscal v Sandiganbayan, GR No. 169727, Aug 18,
if crime has no accessory, officer becomes 2006
principal of that offense (e.g. drug pushing – • Sandiganbayan did not commit gadalej when it
Sec. 26, RA 9165, mere conspiracy or attempt found probable cause to charge Ramiscal
consummates crime (former AFP President)  hearing is not
 DERELICTION OF DUTY TO PROSECUTE – if required
officer has duty to prosecute • Sandiganbayan has exclusive jurisdiction over
 CORRUPTION OF PUB OFFICIAL – for corruptor; offenses committed by presidents, trustees, or
attempted if offer was denied by officer managers of GOCCs under Sec. 4 of RA 8249
(others in the same category are exec officials,
Liabilities of a Pub Officer consuls, PNP, Army, prosecutors, Ombudsman)
• Acts penalized under RA 3019 do not exclude
Qualified bribery – if for consideration
crimes under RPC because Sec. 3of RA 3019
and offender is entrusted with law
states that “in addition to acts of public officers
enforcement and did not ARREST or
already penalized by existing law…”  hence
PROSECUTE; otherwise, simple bribery
Refused to no double jeopardy if officer is charged with
Accessory – if done for no
arrest a violation of RA 3019 plus a crime under the RPC
consideration
rapist
Anti-graft and corrupt practice act
Q: If prosecutor receives bribe for a promise not to file
Dereliction of duty in prosecution – if
the case but, after receipt of money, files the case
offender has duty to prosecute
anyway, what crime is committed?
Robbery – A: Art. 316, other forms of swindling, par. 5: accepting
(1) if party was unwilling and forced any compensation given to him under the belief that
(2) if party gave for no it was in payment of services or labor which he
consideration or that the officer actually did not perform
forced there is a crime in order
to be paid
Officer (3) if it was for consideration and See Code of Conduct and Ethical standards of public
forced a was given by a family member of officers and employee – RA No. 6713
private accused
party to Attempted robbery – if party reported Prescriptive period for RA 3019 – 15 years
give him a and an entrapment was conducted If no longer connected with the government –
gift or prescription still applies
money Direct bribery – if party gave it willingly
in exchange of avoiding arrest or
prosecution of his crime
Qualified bribery – if party gave it
willingly in exchange of avoiding arrest
or pros of his crime punishable by RP –
not to be arrested or prosecuted

Page 2 of 2
 Title IV, Chapter 3: Frauds and Illegal Exaction Falsification
- if resorted to conceal malversation, not complexed since it is
Art. 213 – Fraud against Public Treasury and Illegal Exaction not a necessary means to commit the other crime
GRAVAMEN: irregular perf which prejudiced pub treasury

ACT 1: fraud against public treasury – making use of a Effect of RETURNING malversed money:
scheme with a 3rd party to defraud the govt (e.g.  If made BEFORE the discovery of shortage, no crime
ghost deliveries)  if made AFTER the discovery of shortage,
ACT 2: illegal exaction – demanding different or larger malversation – return is only mitigating
payment than those prescribed by law in collection  if made after crime has prescribed, no crime
of taxes, licenses, etc.
MERE DEMAND consummates this; if officer
pockets excess = estafa thru illegal exaction PROPERTIES IN MALVERSATION
- estafa since he is not accountable for excess  public properties
ACT 3: fraud against pub treasury – failing to issue receipt  private properties impressed with public character
in the collection of taxes, licenses, etc. (e.g. property in custodia legis)
ACT 4: illegal exaction – receiving or collecting payment  private properties held in trust by a pub officer (e.g.
of a nature different from those prescribed by law cash bail bond; winnings of a lotto ticket entrusted
to a sales agent, who is a pub officer per Art. 203)
**May be complexed with malversation and estafa.  private properties considered public by co-mingling
***BIR and BOC are under NIRC, Customs Code, and (e.g. funds in the public vault)
Administrative Code.  private properties seized or confiscated

EX: Y Demanded 1k for P700 fee. He spent all the 1k

personally = illegal exaction for demanding more; Art. 220 – Technical malversation
malversation for 700, estafa for 300. “realigned funds”

Gravamen: Diverting pub funds earmarked by law for a

Art. 217 – Malversation of Public Funds and Property particular pub purpose to another pub purpose
Malversation by approp, misapprop, or permit any person to
take pub funds/prop 1. Offender is a pub officer
2. Pub fund or prop is under his custody
Gravamen: Accountable officer violated fiduciary duty to 3. Such pub fund or prop was appropriated by law*
safekeep pub funds 4. He applies the same to pub use other than that for
which it was intended
ACT 1: appropriating public funds or property
ACT 2: taking or misappropriating the same PENALTIES:
ACT 3: consenting or, thru abandonment or negligence, (1) temp special disqualification
permitting another person to take pub funds or prop (2) prision correcional, minimum period
ACT 4: being guilty of the misappropriation or malversation of (3) 50-100% of sum misapplied if there was damage or
such funds, prop embarrassment;
5-50% of sum misapplied if no damage or embarrassment
REQS:
1. Offender is a pub officer *appropriation of fund must be by law (e.g. if malversed fund
2. He has custody or control of funds* or prop by is auth by DBM, no technical malversation)
reason of his office **use was not for personal but for pub purpose “other” than
3. Funds or prop were public for which he was what is intended
accountable* ***mala prohibita – not inherently immoral but it is a crime
4. He appropriated, took, misappropriated, consented, because positive law forbids it, against pub policy, hence,
or thru negligence or abandonment, permitted these are immaterial:
another person to take 1. Lack of malice
2. Lack of damage – even if purpose done is better than
*if offender has no auth to receive money for the govt and he intended
misappropriated it, the crime is ESTAFA
**malversation = embezzlement Malversation Estafa
***failure to refund shortage of funds upon demand is a
Nature of Prop involved:
prima facie evidence of malversation;
DEFENSES: may involve public or private May only involve private
(1) proof of robbery, - attached or under custodia funds or properties
(2) caso fortuito legis
(3) mistake of fact Character of offender:
Accountable pub officer, or Private person, or Pub
*malversation could be by criminal intent or by criminal Custodian or administrator officer in private capacity
negligence Need for prior demand
**damage to govt not an element; penalty is based on
No written demand needed Requires prior demand (no
amount involved
BUT: failure to account upon demand, no delay)
demand by duly auth officer EXCEPT: (1) obli w period
= prima facie evidence of (2) accused cannot be
malversation located despite diligence
 Need for damage  ROBBERY - with intent to gain, took personal
No need for damage to govt; Plaintiff must have been property belonging to another, by means of violence
mere violation of fiduciary prejudiced. or intimidation or force upon anything (Art. 293)
duty to safekeep
consummates the crime CHECK RA 1379
Criminal intent
PRIVATE PERSONS liable for malversation (Art. 222):
Not needed; may be Fraud is an element.
committed by negligence 1) Conspired with pub officer
Gravamen EX: Ms. V conspired with pharmacist of a govt hospital to sell
Misappropriation of pub Misappropriation of funds the free medicine outside.
funds to the prejudice of the or prop to the prejudice of
public whose confidence was the owner 2) Accomplice or accessory to pub officer who commits
reposed upon the malversation
accountable officer EX: de Lima’s driver as accomplice in withdrawing pub funds
Estafa v. BP 22  Issuance of bouncing
May be charged at the same check is punished as estafa 3) Custodian of public funds or prop and misappropriated
time since they are distinct if made as a causal fraud; the same
offenses: EX: Mr. B is custodian of seized logs by DENR. He used the
Deceit and damage – estafa if incidental fraud – not logs for building his house.
Mere issuance – BP 22 estafa, it was not the
Crime v property – estafa cause of the fraud – must 4) Depository or administrator* of funds or prop under
Crime v pub interest – BP 22 be made prior to or custodia legis  these are properties impressed with
simultaneous with fraud the character of public funds, e.g. attached house,
blood bank of the PN Red Cross
EX: Proceeds of a lotto ticket entrusted to a sales agent
ESTAFA v. THEFT
 THEFT – offender was given material possession of
the personal property and he misappropriates same; *administrator ≠ judicial admin of deceased since he is not in
he is not accountable for the funds charge of a pub prop = only estafa
EX: offender took the thing for which another officer is
accountable; he has material possession

 ESTAFA – offender was given material and juridical

possession (juridical possessor meaning he is
accountable) personal prop and he misapprop same
- offender converts thing to his own benefit
EX:
“material possession” – actual, physical possession
“juridical possession” – possession arises from lawful
causation, implied or express contract, or by law

Other crimes by public officers:

 PLUNDER – accumulation of ill-gotten wealth in the
aggregate amount of at least P75 million (RA 7080
amended) – crim liability prescribes in 20 years but
right of state to recover public prop or funds is not
barred by prescription, laches, or estoppel
- jurisdiction: Sandiganbayan
- ill-gotten wealth must be amassed through either a
combination or series of acts under RA 7080; if only
a single criminal act, no plunder (Enrile v PP, GR
213455, August 11, 2015)

 GRAFT AND CORRUPT PRACTICE – punished under

Anti-Graft and Corrupt Practices Act (RA 3019):
1. Receipt of material consideration
2. Influence peddling – uses ascendancy or
prestige of office to influence any govt action
where the govt is prejudiced
3. Improper exercise of duties in granting permits
and licenses
4. Private individuals who take advantage of their
relationship with pub officer in any business in
which the latter has to intervene
5. Improper act of a pub officer such as non-
payment of debt
(See Ramiscal v Sandiganbayan in Bribery notes)
 Title VII- Crimes by Public Officers
Chapter 5: Infidelity of Public Officers Chapter 6: Other Irregularities by Pub Officers

Art. 223: Conniving with or consenting to evasion Art. 231: Open disobedience
(infidelity in the custody of prisoner) (1) offender is a judicial or executive officer
(1) offender is a public officer (2) there is lawful judgment of superior authority
(2) he has custody over a prisoner – detained or by fin (3) offender openly and manifestly refuses to execute
(3) such prisoner escaped under his custody the judgment which he is duty bound to obey
(4) he was in connivance with the prisoner
Art. 232: Disobedience to order by superior officer when said
Art. 224: evasion through negligence order was suspended by inferior officer
(infidelity in custody of prisoner through negligence) - order must be lawful
(1) offender is a public officer - suspension of order not approved by superior
(2) who has custody over a prisoner – detainee or by - damage to public interest
final judgment
(3) prisoner escaped through offender’s negligence Art. 233: Refusal of assistance
- offender, pub officer, refuses to lend his
NOTE: if prisoner escaped by taking advantage of a cooperation towards admin of justice or pub service as
dilapidated building, officer is not liable under RPC demanded of him by a competent authority
but may be held administratively liable - such failure to cooperate is with malice

Art. 225: removal, concealment or destruction of doc Art. 234: Refusal to discharge elective office
(infidelity in the custody of documents) - offender is elected by popular election
(1) offender is a pub officer - he refuses to be sworn in to office w/o just cause
(2) entrusted by reason of office with the doc RATIO: discharge of duty is not a right but a duty
(3) he removes, conceals, or destroys RCD the doc
(4) damage caused to a private party or to pub interest Art. 235: Maltreatment of prisoners
- officer has custody over prisoner
Removal- doc removed from place where it be transferred - he maltreats prisoner by:
Conceals – doc not forwarded to destination a. Overdoing himself in the correction by inflicting
Destruction – rendering it useless, either partially or totally punishments that are (1) unauthorized or (2) cruel or
humiliating
NOTE: damage may consist of mere public alarm to b. Maltreating prisoner to extort confession or obtain
the alienation of its confidence in the gov’t; information  not for personal grudge since it
example: postmaster fails to deliver mails, even if would amount to physical injuries only
he did not open them – concealment, docs no
forwarded to their destination NOTE: offender may be liable for both Maltreatment
and Physical Injury; these are not complexed since
Q: if, in the case of bribery, monetary consideration marked maltreatment is a penalty in addition to liability of
as exhibits were spent by custodian, what is the crime? physical injuries
A: infidelity in the custody of documents because the money
adduced as exhibits partake the nature of document and Victim must have been booked or confined in
not as money detention or by final judgment; otherwise,
maltreatment could be:
Q: is criminal intent necessary? (1) Coercion – person not yet arrested or not yet in jail but
A: for removal, yes. For destroying and concealing, no intent maltreated to extort confession
needed since there could not have been any good motive (2) Physical injuries – person has been arrested but not
for these acts while removal may be valid in some case. yet booked or not yet in jail
(3) violation of RA 9372 or Human Security Act of 2007
Art. 226: Officer breaking seal
(1) offender is a public officer
(2) in custody of the paper or property Art. 236: Anticipation of duties of a public office
(3) permits breaking of seal of the same - offender assumes public office without first being
sworn in
NOTE: damage here is not required; mere act of
breaking or permitting the seal to be broken Art. 237: Prolonging performance of duties and powers
consummates crime - these are pub officers suspended, dismissed,
separated or declared over-aged but continues to
Art. 227: Opening closed documents hold office
(1) offender is a public officer
(2) he has custody over the docs or objects Art. 238: Abandonment of office
(3) opens or permits to open the same - offender resigns but abandoned duties even before
resignation was accepted
Art. 228: Revelation of secrets by an officer - caused damage to public interest
ACT 1: reveals secrets known to offender by reason of
his official capacity with damage to pub interest Abandonment of office Dereliction of Duty
ACT 2: wrongful delivery of papers which should not be Offender is a public officer Offender is not just a pub
published with damage to pub interest officer but one with duty to
prosecute
Not included are military secrets since it is ESPIONAGE.
 Pub officer abandons Pub officer does not
office to evade discharge abandon office but fails to
of his duty prosecute by dereliction of
duty or malicious tolerance

Art. 239: Usurpation of legislative powers

 Offender is an exec or judicial officer
 He commits any of the following:
- makes rules ultra vires
- attempts to repeal a law, or
- suspend execution of a law

Art. 240: usurpation of executive powers

 Offender is a judge
 He either:
- assumes an exec power, or
- obstructs exec authorities from the lawful
performance of their functions

Art. 241: usurpation of judicial function

 Offender is an exec officer
 He either
- assumes judicial power, or
- obstructs the execution of any order or decision by
a judge within his jurisdiction

Art. 242: disobeying request for disqualification

 Public officer, before him is a pending proceeding
 He was lawfully required to refrain
 He disobeys the said lawful order
NOTE: he is still liable even if it later turns out that
he should not be disqualified from the proceeding

Art. 243: Orders by exec officer to any judicial authority

 Offender is an exec officer
 He orders a judicial authority
 The order relates to matters within the exclusive
jurisdiction of the courts

Abuses against Chastity

Art. 245: Abuse against chastity

ACT 1: soliciting or making immoral advances to a
woman interested in matters pending before the
offender’s office
ACT 2: soliciting or making immoral advances to a
woman under his custody
ACT 3: soliciting or making immoral advances to the
wife, daughter, sister, or relative within the same
degree of affinity of a person under his custody

NOTE: this is consummated by mere proposal since

soliciting means to propose
 Title VIII: Crimes against persons; CHAPTER 1: Destruction of Life

Art. 246: PARRICIDE 3) He did not consent to the infidelity or did not engage
 Offender killed the deceased his daughter in prostitution – spouse must be
 Deceased is offender’s: engaged in consensual sex with the other man
- father, mother, or child (legitimate or illegitimate)
- other ascendant or descendant (legitimate only) There is no liability if only slight or less serious physical
- spouse (legitimate only) injuries were inflicted.  absolutory circumstance

Cf: Infanticide – Art. 255; killing of child < 3 days old Art. 247 is not a crime but a defense. Hence, it cannot be
alleged in the Information but may be raised as a defense. If
The list does NOT include collateral lines such as brothers or appreciated, penalty = destierro.
sisters. Only ascendant, descendant + spouse.
Q: Is it necessary to have seen the act?
relationship to be a qualifying must be alleged in the A: No. Offender must have surprised the two under
Information – otherwise, relation is only an ordinary AC circumstances that no other reasonable conclusion can be
inferred but a carnal act was or has just been performed.
Q: if person killed his son without his knowledge that it is his
son, is he guilty of parricide? PP v Abarca, GR No. 74433, September 14, 1987
A: Yes. The law does not require knowledge. As long as the Time lapse after SI and killing. There was only one continuous
relationship was alleged in the Information. act because the killing is the proximate result of the outrage
If X intended to kill Y but ended up killing Z who turned of the cuckolded spouse = Liable for death but under
out to be his father, he is still guilty of parricide but with a exceptional circumstance. Penalty = Destierro.
different penalty - if he wounded a 3rd person in the process, he is not
liable for his original intent is not unlawful, not Art. 4, par. 1
Art. 49 – Penalty for ERROR IN PERSONAE is always the lesser
penalty in its maximum period. Art. 248: MURDER
Example: X intended to kill B but ended up killing C,  Offender killed the deceased
which turned out to be X’s father.  Killing does not constitute parricide
Intention: Murder; Actual: Parricide
 Killing is attended by: tai cal e-cru
Penalty: Murder in its maximum period
1. With treachery, taking advantage of superior strength,
with aid of armed men, or employing means to ensure
Q: if husband hired a stranger to kill his wife, what crime?
impunity or weaken defense
A: stranger is guilty of murder only for lack of relationship,
(e.g. killing of child – treacherous since victim is not in a
husband parricide as principal by direct inducement.
position to defend himself)
2. In consideration of an award, price or promise
Q: A, an adopted son of B, killed B and B’s parents
NOTE: offerer is also liable by inducement
A: murder for both since Art. 246 only contemplates a
3. By means of inundation, fire, poison, explosion,
legitimate relationship, which adoption is not. (Art. 163,
shipwreck, stranding on a vessel, derailment or assault
FC: The filiation of children may be by nature or by
upon a railroad, fall of an airship, by motor vehicles, or
adoption. Natural filiation may be legitimate or
with use of any other means involving great waste or ruin
illegitimate.)
NOTE: intent must be to kill; if fire used to destroy
prop but ended up killing = arson; In murder by
Other Parricide
poison, treachery and evident premeditation are
 Parricide through reckless imprudence – Art. 365
inherent, not AC
 Parricide by mistake – Art. 249
4. On occasion of any calamity
 Parricide under exceptional circumstance – Art. 247
NOTE: offender took advantage of the calamity
5. With evident premeditation
CASE: PP v Genosa, GR 135981, January 15, 2004
NOTE: Required TOS: (1) Time from time accused
Psychological paralysis from repeated beating analogous to
decided to commit crime; (2) Overt act
illness diminishing her will power without depriving her of
manifesting that he clung to his determination;
consciousness of her acts and passion-obfuscation were
(3) Sufficient time lapse between decision and
taken as mitigating circumstances after a pregnant wife killed
execution, allowing cool reflection
her husband who habitually beats her.  her penalty
6. With cruelty, deliberately augmenting the suffering of the
reduced by 2 MC, no AC since treachery not appreciated,
victim or scoffing at his corpse
recent quarrel forewarned deceased.
NOTE: scoffing at a corpse the only qualifying
RA 9262 or VAWC was enacted after this ruling. Sec.
circumstance here not listed under Art .14; for
26 states: Victim-survivors who are found by the courts to be
cruelty, there must be proof that victim is still
suffering from battered women syndrome do not incur any
alive when he suffered infliction
criminal and civil liability
Art. 249: HOMICIDE
Art. 247: Death or physical injuries inflicted under
1. Offender killed a person
EXCEPTIONAL CIRCUMSTANCES
2. Without justifying circumstance
1) A legally married person or a parent surprises his
3. Without any of the qualifying circumstances for
spouse or daughter (under 18 years and living with
murder, parricide, or infanticide
him) in the act of sexual intercourse;
4. Offender has intention to kill which is presumed
2) He kills any or both of them or inflicts any serious
physical injury in the act or immediately thereafter

1
 Title VIII: Crimes against persons; CHAPTER 1: Destruction of Life

NOTE: Intent to kill in homicide not needed since it is PENALTY

conclusively presumed upon death in crimes against persons.  If penalty under RA 10591 is higher than penalty
Intent to kill is needed for frustrated and attempted stages. for the crime in which the firearm was used, the
former will be imposed IN LIEU of the penalty for
HENCE, no frustrated or attempted homicide if there is no the crime
intent to kill; incompatible with negligence.  If penalty under RA 10591 is equal to the penalty
for the crime charged, the penalty of prison
INTENT TO KILL may consist, inter alia, of: mayor in its minimum period shall be imposed IN
1. Means used by the malefactor ADDITION to the penalty for the crime charged
2. Nature, location, and number of wounds sustained
by the victim
3. The conduct of the malefactors before, during, and Art. 251: Death caused in a TUMULTUOUS AFFRAY
immediate after the killing 1. There are more than 3 persons, either armed or with
4. The circumstances under which the crime was means of violence
committed 2. They do not compose groups organized for the
5. Motive of the accused common purpose of quarrelling or assaulting each
(PP v Lanuza, GR 188562, August 17, 2011) other  hence frat rumble n/a since organized
3. The persons quarreled and assaulted each other in a
X shot Y at the foot from a 1-meter distance. No intent to kill. tumultuous manner
If X hit Y = physical injuries 4. Someone was killed in the affray
If X missed Y = discharge of firearms 5. It cannot be ascertained who the killer is
6. The persons who inflicted serious injuries can be
X is a pharmacist who erroneously included a poisonous identified
substance which nearly killed a patient.
X = physical injuries through reckless imprudence “tumultuous affray” – commotion and disturbance of more
than 3 individuals not organized for the purpose
RA 10591: New Firearms Law of quarreling and assaulting each other; the
 Effective: May 29, 2013 disturbance is in a confused manner to the extent
 This repeals RA 8294 wherein use of that it would not be possible to ascertain the
loose/unlicensed firearm not punished if used in perpetrator if death or physical injuries result
“other crime” – only the latter crime is punished If the person who caused the death is known, only that his
regardless if firearm is inherent in the commission identity cannot be ascertained, the crime is
 Under the new firearms law, use of loose firearm murder or homicide as the case may be
not punished separately ONLY when its use is Liability – if it cannot be ascertained who inflicted the fatal
inherent in the “other crime” – in such case, it is wound, all those who used violence upon the
only an AC person are liable
 Otherwise, the use or possession of loose firearm is - if principal author of crime can be identified and
punished separately no tumultuous affray between several persons,
 If penalty for “other crime” at max is lower than on a group v. one individual, crime is murder (see
penalty under this law, the latter shall be imposed PP v Unlagada, GR 141080, September 17, 2002)
IN LIEU of the penalty for the “other crime”
Art. 252: Physical injuries in a TUMULTUOUS AFFRAY
SEC. 7, RA 10591: professions considered to be in - same with previous Art., only that it is phys injuries
imminent danger (e.g. lawyers, CPAs, - if one who caused phys injuries is known, he is
businessmen, etc.) liable for physical injuries, not under this article
- applicant must prove that his life is under threat
by submitting a threat assessment cert Art. 253: Giving assistance to SUICIDE
SEC. 10, RA 10591: only small arms can be registered by  Assisting another to commit suicide, whether the
citizens, except private citizens previously granted suicide is consummated or not
license to carry class-A light weapons before this LIABILITY
law Person who committed or attempted suicide – NO criminal
SEC. 21, RA 10591: purchase and transport of firearms and liability, unless his attempt caused public disturbance,
ammunition are allowed during election period he will be liable for serious disturbance of public peace
under strict compliance with COMELEC IRRs Person who assisted in the suicide – liable under Art. 253 for
SEC. 26, RA 10591: surrender firearms of a deceased from giving assistance to suicide if the person he assisted
6 months from death; otherwise, possessor is guilty gave consent; murder if offender acted motu propio
of illegal possession Person must have intent to commit suicide.
SEC. 29, RA 10591:
Aggravating – if use of loose firearm is inherent in Art. 254: DISCHARGE OF FIREARM
the commission of the crime  Offender discharges his firearm against another
Absorbed – if used in furtherance of rebellion, person
insurrection, or attempted coup d’etat  He has no intent to kill the person (e.g. only to
Distinct crime – if loose firearm NOT used in crime frighten or intimidate him

Corpus delicti – req for all crimes v. persons; actual commission of crime:
(1) fact of death and (2) identity of the victim

2
 Title VIII: Crimes against Persons

Section 2: Infanticide and Abortion

Art. 255: INFANTICIDE Art. 259: Abortion by physician, midwife, or dispensing of

Killing of any child less than 3 days old abortives – doc, midwife, pharmacist
PENALTY  Physician or midwife takes advantage of their
 No penalty under this article. Hence, if killer is the knowledge or skill
mother, her crime of infanticide is punished with  Physician or midwife intended and assisted in the
penalty for parricide. abortion
 If killer is unrelated to child, penalty imposed for his  Pharmacist dispensed abortive without prescription
infanticide is that of murder. from physician
 Mitigating for infanticide – concealment of dishonor; Consent of mother or the couple immaterial. Crime of
only applies to mother of child and maternal abortion is against the fetus.
grandparents  this MC does NOT apply to
maternal grandparents in other crimes, e.g.
parricide, intentional abortion, and Art. 258
 If child was abandoned without intent to kill but the Section 3: Duel
child died – Art. 276: Abandoning a minor
Art. 260: Duel
Punishable acts:
Art. 256: INTENTIONAL ABORTION 1. Killing of adversary in a duel
“Abortion” – violent expulsion of fetus from the maternal 2. Inflicting physical injuries
womb resulting to the death of the fetus 3. Combatants, despite no injuries
Mitigating – concealment of dishonor for mother only 4. Seconds, as accomplices
Frustrated abortion – if baby was eventually delivered
although not viable to sustain life

ACT 1: use of violence upon the person of a pregnant woman Art. 261: Challenging to a duel
ACT 2: administer drugs upon pregnant woman w/o consent Must have clearly intended a duel, not mere hatred
ACT 3: administer drugs upon pregnant woman w/ consent
“Duel” – formal or regular combat previously concerted
Crime here is Art. 256 + RA 9165 if prohibited drugs between two parties in the presence of two or more
Crime not applicable to pregnant woman, but Art. 258. seconds of lawful age on each side, who make the
selection of the arms and fix all other conditions of the
fight
Art. 257: UNINTENTIONAL ABORTION
 Violence (not intimidation like mere pointing of gun
or poison) is used upon a pregnant woman
 There is NO intent to abort
 But as a result of the deliberate violence, the fetus
died either in the womb or after having been
expelled therefrom

Unintentional abortion may only be committed by a person

NOT the mother. Hence, if mother attempts suicide and
ended up surviving but caused abortion, there is no crime.

If, through intimidation, without intent to cause abortion,

pregnant woman miscarried = Light Threats

If pregnant woman was killed by husband = Parricide with

unintentional abortion, provided no intent to abort

If stranger killed pregnant woman = Homicide with

unintentional abortion, provided no intent to abort

Art. 258: ABORTION CAUSED BY WOMAN HERSELF

or by her parents
Liable here: the pregnant woman or her parents
Third person who aided – liable under Art. 256, intentional
Mitigating – concealment of dishonor, mother ONLY
 Title VIII – Crimes against Persons

CHAPTER 2: Physical Injuries

Art. 262. MUTILATION Art. 265. LESS SERIOUS

ACT 1: intentionally mutilating another by depriving Physical injuries
him, totally or partially, of some essential organ 1. Injured party requires medical attendance OR
for reproduction (deliberate castration) 2. is incapacitated for labor > 10 days, < 30 days
ACT 2: lopping or clipping any part of the body other 3. Physical injury is not among the injuries classified as
than the organ for reproduction to deprive him serious in Arts. 262-264
of that part of the body (e.g. mayhem)
QUALIFIED LESS SERIOUS physical injuries:
*if mutilation is not deliberate, the case would be serious a) Manifest intent to insult or offend injured party
physical injuries – Art. 263, par. 1 (aggrieved becomes b) Add ignominy to the offense
impotent) or Art. 263, par. 2 (loss of a limb) c) Relationship enumerated under parricide
d) Persons of rank or in authority, provided the offense
∞∞∞∞∞ is not direct assault

Art. 263. SERIOUS PHYSICAL INJURIES

Wounding, assaulting, or beating or administering
injurious substance (Art. 264) WABA resulting to: ISDI Art. 266. SLIGHT
Physical injuries and MALTREATMENT
1. Injured person became insane, imbecile, ACT 1: injured party required medical attendance for 1-9 days
impotent, or blind IN IMB IMP B or is incap for labor for the same period
NOTE: Blindness = loss of vision on both eyes. ACT 2: physical injury did not prevent offended party from
engaging in his habitual work or which did not require
2. Injured person lost use of Speech, Power to hear medical attendance (e.g. produced black eye)
or smell, an Eye, Hand, a Foot, an Arm, or a Leg, ACT 3: ill-treatment of another by deed without causing any
or shall have become incapacitated for work in injury - MALTREATMENT (e.g. slapping without
which he is habitually engaged SPEH FALi causing dishonor)
NOTE: loss of hearing must be on both ears, If maltreatment caused humiliation = slander by deed
otherwise, par. 3; loss of use of hand and incap
for work must be permanent *absent proof of actual injury, even if aggrieved later died,
only slight physical injury it appearing that the wound
3. Injured person became deformed, lost any part of inflicted could not have caused the death
his body (not principal) or the use thereof, or
became ill or incapacitated for the performance of
the work in which he is habitually engaged for > CHAPTER 3: Rape
90 days DLI
NOTE: “deformity” = (1) permanent ugliness Art. 266-A. RAPE
which is (2) conspicuous and (3) cannot be Par. 1: Rape by sexual intercourse
repaired by the action of nature A man who shall have carnal knowledge of a woman
under any of the following circumstances:
4. Illness or incapacity for (any kind) labor for > 30 a) Through force, threat, or intimidation FTI
days b) Offended party is deprived of reason or is
Par. 2: Provision DOES NOT apply to parent inflicting unconscious
physical injuries to his child by excessive chastisement. c) By means of fraudulent machination or
grave abuse of authority, OR
**QUALIFIED SERIOUS PHY INJURIES: if committed against
(ex: prosti not paid after sex)
person enumerated under Parricide (Art. 246) or
with the attendance of a circumstance under d) When the offended party is under 12 years
Murder (Art. 248) of age or is demented, despite their consent
**There must be no intent to kill, otherwise, it would be (STATUTORY RAPE)
frustrated or attempted homicide or murder If 12 years old already, (d) is not applicable if no
(a), (b), or (c)
∞∞∞∞∞ Check RA 7610 or grave scandal

Art. 264. ADMINISTERING injurious substance GRAVAMEN: penetration, even partial or slightest, or
1. Serious physical injury was inflicted even in vain such as a limp penis; hence,
2. By knowingly administering injurious substance or proof of emission or spermatozoa in vagina
by taking advantage of his weakness of mind or not necessary; mere grazing on the surface
credulity does not consummate rape
3. Without intent to kill
Par. 2: (Rape by sexual assault)
*must have administered it knowingly Any person who, under any of the circumstances above,
**must administer it, not included: throwing of chemical shall insert his penis into another person’s mouth or anal
***physical injury must be serious orifice, or any instrument or object, into the genital or
anal orifice of another person
By means of (a) to (d) under par. 1
 Title VIII – Crimes against Persons

*Resistance, when futile, does not amount to consent.

**Well-known principles in reviewing rape evidence:
1) Accusation is difficult to prove but more difficult for
the accused to disprove
2) Testimony of complainant must be scrutinized with
extreme caution
3) Evidence of prosecution must stand and fall on its
own merits

Art. 266-B. Qualified Rape

Qualified rape:
1) When, by reason of the rape, a homicide is
committed
2) Victim is < 18 years old and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity within the 3rd civil degree,
or the common law spouse of the parent of victim
3) When the victim is under the custody of the police or
military authorities
4) When rape is committed in full view of the spouse,
parent, any of the children or relatives within the 3rd
civil degree of consanguinity
5) When the victim is engaged in legitimate religious
vocation and is known to be such by the offender
6) When victim is < 7 years old
7) When offender knows he is afflicted by HIV/AIDS or
any other sexually transmitted disease which is
transmitted to the victim
8) When committed by any member of the AFP or PNP,
when the offender took advantage of his position
9) When, by reason of the rape, victim suffered
permanent physical mutilation or disability
10) When the offender knew of the pregnancy of the
offended party when rape was committed
11) When offender knew of the mental disability,
emotional disorder or physical handicap of the
offended party when rape was committed

Statutory rape – when girl is under 12 years old, even if she

consented to the act or is a prostitute

Multiple rape – in conspiracy, offender not only liable for the

rape he personally committed but also for
those committed by others because each act
was consummated independently

**There is no frustrated rape, only either attempted or

consummated. PP v Orita case is a stray decision which has
never been reiterated.
***Damages as civil liability in rape is automatic without
need of proof

Art. 266-C. Pardon in rape

Penalty and criminal action for rape are extinguished by:
1. Subsequent marriage between the offended party
and the offender
2. Condonation by the wife of his offender husband,
provided that marriage is not void
 Title IX: Crimes against Liberty and Security
CHAPTER 1: Crimes against LIBERTY

CRIMES against LIBERTY: ∞∞∞∞

1. Kidnapping and serious illegal detention Art. 269. Unlawful arrest
2. Slight illegal detention } Kidnap 1. Offender arrests or detains another
3. Unlawful arrest 2. With the purpose of delivering him to proper auth
4. Kidnapping and failure to return a minor 3. Offender has no reasonable ground or is not
5. Inducing a minor to abandon his home authorized by law
6. Slavery
} Slavery
7. Exploitation of child labor Unlawful arrest Unlawfully detained another to deliver
8. Services rendered under compulsion } Servitude latter to proper authority
in payment of debt Illegal detention Unlawfully detained another for
purposes other than to deliver to auth
Arbitrary Pub officer with auth to arrest does so
ILLEGAL DETENTION
detention without legal grounds
ESSENCE: actual confinement or restraint
Delay in the Lawfully arrested person was not
Art. 267. KIDNAPPING and SERIOUS illegal detention delivery charged w/in reglementary period
1. A private individual*
2. Kidnaps (takes or carries away) or actually detains ∞∞∞∞
(confines or restricts) another depriving him of Art. 270. KIDNAPPING and failure to return a minor
liberty 1. Offender is entrusted with custody of child
3. The act is illegal 2. Deliberately fails to return minor to parents or
4. With any of these circumstances**: guardians
a) Kidnapping or detention > 3 days
b) Committed by simulating pub authority Art. 270 – kidnapping & failure Art. 267 – kidnapping of minor
to return minor
c) Serious physical injuries are inflicted or
Offender is entrusted with Offender not a custodian
threats to kill him are made
custody
d) Person kidnapped is a minor, female, or a
public officer
Art. 271. INDUCING a minor to abandon home
Par. 2: kidnapping for ransom per se consummates crime
1. Offender induces minor to abandon home with
even if no other circumstance is attendant
criminal intent
Par. 3: if victim is killed or dies, raped, or tortured, max
2. Latter is living in the home of his parents or guardian
penalty is imposed  composite or special complex
or custodian
crime of kidnapping with murder/homicide**
∞∞∞∞
*Because if it is by public officer, crime is arbitrary detention.
SLAVERY AND SERVITUDE
**composite crime of kidnapping with murder applies even if
killing is a mere afterthought, an independent act
Art. 272. SLAVERY
***if main intent is to kill and victim was dragged from his
1. Offender purchases, sells, kidnaps or detains a
house, crime is murder, kidnapping is absorbed as
human being
incidental  there is no intent to detain him illegally
2. With the purpose of enslaving the latter
GRAVAMEN in kidnapping – deprivation of liberty
Kidnapping Slavery
Purpose is to deprive liberty Purpose is to enslave
 Kidnapping with murder or homicide (composite)
 Kidnapping with rape or vice versa (inexistent; these
Check RA for anti-trafficking
are two separate crimes)
Art. 273. EXPLOITATION OF CHILD LABOR
1. Offender retains minor in service
Art. 268. SLIGHT illegal detention
2. Against the will of the minor
1. Offender is a private individual
3. Under the pretext of reimbursing himself of a debt
2. He kidnaps (takes or carries away) or detains
by the parent, guardian, or custodian of minor
another by depriving him of liberty OR furnishes the
place wherein to perpetrate the crime
3. That the act is illegal
Art. 274. SERVITUDE
4. That the circumstances under serious illegal
1. Offender compels debtor to serve as household
detention (Art. 267) are not attendant
servant or farm laborer
2. Against the debtor’s will
Par. 3: PRIVILEGED MC, these must concur:
3. Act is to enforce payment of debt
a) Offender voluntarily releases person kidnapped
within 3 days from commencement of detention
b) Without having attained the purpose intended
c) Before the institution of the criminal case (i.e. the
accused acted out of repentance, not of fear)
 TITLE IX: Crimes against Liberty and Security
CHAPTER 2: Crimes against SECURITY

CRIMES against SECURITY: Art. 278. Exploitation of minors

1. Abandonment of persons in danger and ACT 1: any person causing a minor < 16 years to perform
abandonment of one’s own victim any dangerous feat of balancing, physical strength or
2. Abandoning a minor } Minor contortion
3. Abandonment of minor by person ACT 2: employing children < 16 years, not children of
entrusted offender, in exhibitions of acrobat, gymnast, rope-
with his custody; indifference of parents walker, diver, or wild-animal tamer, offender being
4. Exploitation of minors } Dwelling engaged in a similar calling (e.g. acrobat)
5. Trespass to dwelling ACT 3: employing any descendant < 12 years in dangerous
6. Other forms of trespass exhibits, offender being involved in a similar calling
7. Grave threats } Threats ACT 4: delivering a child < 16 years gratuitously to any
8. Light threats person or to a habitual vagrant or beggar, the person
9. Other light threats entrusted with care of the child (e.g. teacher,
10. Grave coercions ascendants, guardian)
} Coercion
11. Light coercions ACT 5: inducing any child < 16 years to abandon home
12. Other similar coercions
13. Labor through violence of threats Art. 271 – inducing minor Art. 278, par. 5 – inducing
14. Discovering secrets through seizure } Revealing to abandon his home minor to abandon home
of correspondence Absent purpose of Specific purpose: minor
15. Revealing secrets with abuse of office abandonment in Art. 278, abandoned home to follow a
16. Revealing of industrial secrets par. 5, it is Art. 271 person engaged in the circus,
gymnast, acrobat, others in
the same calling
ABANDONING & EXPLOITING MINORS Victim is < 18 years old Victim is < 16 years old

Art. 275. Abandoning persons in danger or one’s victim QUALIFYING CIRCUMSTANCES:

ACT 1: failing to render assistance to any person who the  Delivery of minor to others or to acrobats for a
offender finds in an uninhabited place wounded or } Person in reward, price, or promise
in danger of dying when he can render assistance danger
without detriment to himself TRESPASSING
ACT 2: failing to help another whom the offender
} accidental
accidentally wounded or injured Victim
Art. 280. trespass to dwelling and qualified trespass
ACT 3: failing to deliver a child < 7 years of age found TRESPASS to dwelling: PrEA
abandoned to authority or his family OR failing to } Minor 1. Private person
take him to a safe place 2. Enters dwelling of another
3. Against the will of the owner thereof
Art. 276. Abandoning a minor QUALIFED TRESPASS:
1. Offender has custody over the child 1. Trespass to dwelling
2. Child is under 7 years of age 2. By means of violence or intimidation
3. He abandons the child (even if child is not EXCEPTION: PHC
endangered but there is an interruption of care and  Entrance to dwelling for the purpose of
protection which his tender age needs) preventing serious harm to himself, the
4. He has no intent to kill the child when he abandoned occupants, or a 3rd person
the latter  Purpose is to render humanitarian service
QUALIFYING circumstances: or justice
 Abandonment resulted to death of minor  Entrance to a café, tavern, inn and other
 Life of minor is in danger due to the abandonment public places, while the same are open

Art. 277. Abandonment of a minor by custodian; indifference GEN RULE: prohibition is not presumed hence with utmost
of parents good faith, a person, to whom entrance was not
ACT 1: delivering a minor to other persons or a public denied, may suppose lack of prohibition (e.g. gate
institution without consent from parents or is not locked)
guardians or proper authorities by one having EXCEPTION: implied or presumed prohibition based on the
charge of the rearing or education of minor TIME and circumstances (e.g. door is locked;
(e.g. maid or pre-school teacher) visitor is owner’s enemy)
ACT 2: neglecting one’s child by deliberately depriving
them of educ which their financial condition permits Trespass to dwelling Violation of domicile
By a private person By a public officer
Art. 276 Art. 277 Enters dwelling ASS (1) against will or no judicial
Custody of offender is Custody is specific – charged against the will of the order; (2) searched papers &
general in the rearing or education owner thereof effects w/o consent; (3) refuses
Child is below 7 years Child is under 18 years to leave, surreptitiously entered
Abandoned to deprive Minor is delivered to other Qualified: w/ violence Qualified: night-time or searched
care and protection which persons or public institution and intimidation papers not returned immediately
his tender years need
1
 TITLE IX: Crimes against Liberty and Security
CHAPTER 2: Crimes against SECURITY

dwelling – any building or structure exclusively devoted for Art. 283. Light Threat
rest and comfort (e.g. hotel room, home) 1. Offender makes a threat to commit a wrong
against the will or prohibition – entry is either expressly or 2. The wrong does not constitute a crime
impliedly prohibited or is presumed; ≠ lack of 3. There is demand for money or other condition
consent or permission 4. Offender either attains his purpose or not
owner v. occupant – trespass may be committed by owner of Not crime threat, only wrong
house if against the will of actual occupant + money or condition
+ attains or not
Common example: blackmailing
Art. 281. Other forms of trespass (TRESPASS TO PROPERTY)
1. Offender enters closed premises or fenced estate of Bond to keep the peace – Art. 35 Bond for good behavior
another – Art. 284
2. Entrance is made while these are uninhabited Applies to any case Applies to grave threats
3. Prohibition to enter is manifest and light threats only
4. Trespasser has not secured permission of the owner If offender fails to give bond = < If offender fails to give
or the caretaker thereof 6 months (for grave, less grave bond = destierro
Qualified Trespass to Trespass to Dwelling felony), < 30 days (light felony)
Dwelling – Art. 280 – Art. 281
By private person By any person
Offender enters dwelling Offender enters closed premises Art. 285. Other Light Threat
or fenced estate ACT 1: (1) threaten another with a weapon or (2) drawing a
Inhabited place Uninhabited place weapon in a quarrel, unless in a self-defense
Entering against the will Entering without permission ACT 2: in the heat of anger, orally threatens another with
Prohibition is express or Prohibition is manifest some harm (not)* constituting a crime, and who by
implied or presumed
subsequent acts show that he did not persist w/ threat
*a mistake in the English translation, should be deleted
ACT 3: orally threatens another any harm not a felony
THREATS
THREATS
Art. 282. Grave threats
Art. 282 – grave Art. 283 – light Art. 285 – other
ACT 1: threatening to inflict any wrong
Crime threat Par. 1: Not crime threat, Par. 1:
amounting to crime upon the person,
+ money or Crime threat only wrong Weapon threat
honor or property PHP or that of his + money or + money or no self-defense
condition
family and demanding money or + attained condition condition NO condition
imposing any other condition, even + attained + attains or not
though lawful, and offender attained
his purpose Par. 2: Par. 2:
Crime threat Crime threat Heat of anger
+ money or + money or Crime threat
condition condition + NO money or
ACT 2: making such threat but offender
+ not + attained condition
does not attain the purpose
attained + desistance

Par. 3: Par. 3:
ACT 3: threatening another with infliction upon Crime threat Crime threat Not crime threat,
his person, honor or property or that of + no + no condition only wrong
his family of any wrong amounting to a condition + NO condition
crime, without condition
With crime NO crime NO Condition
With condition With condition
except (3)
Crime threat need not be limited to crime against person,
honor, or property. Example: threat to kidnap son
COERCION
may be a crime against liberty but affects the
Art. 286. Grave coercion
persons of his family.
ACT 1: prevent another, by means of violence, threats, or
intimidation VTI, from doing something lawful
QUALIFIED GRAVE THREAT:
(if one prevents another from doing something
If threat was made in writing or through middleman
unlawful, there is no crime)
ACT 2: compel another, by means of VTI, to do something
ESSENCE of grave threat: intimidation is essential
against his will, whether it be right or wrong
If threat is made in connection with other crimes, the
OFFENDER: no authority to restrain or compel
threat is absorbed by the latter (e.g. A struck B
CONSUMMATED: even when victim did not accede
saying he would kill him if he did not return lost
jewelry, crime is maltreatment).  main intent is
Grave coercion may be committed by owner of thing against
the other crime; threat is incidental to its
actual possessor – owner should enforce his right in an
commission
orderly manner; except: Art. 429, NCC, when he is in
If demand for delivery of money is on the spot = robbery
actual possession of thing, he may use force to keep it
2
 TITLE IX: Crimes against Liberty and Security
CHAPTER 2: Crimes against SECURITY

QUALIFIYING AC for grave coercion: UNJUST VEXATION

 Coercion in violation of right to suffrage  No physical or material harm
 Coercion compelling to perform a religious act  Unjustly annoy or vex an innocent person
 Coercion preventing performance of rel act Essence: annoyance, irritation

Related crimes of preventing: Grave Coercion Violence Unjust vexation

 Unjust vexation – any other coercion Light Coercion Intimidation
 Interruption of religious worship (Art. 132) –
committed by public officer who prevents rel activity
 Prohibition, interruption or dissolution PID of
peaceful meetings (Art. 131)
 Preventing the meeting of legislative body (Art. 143) Art. 288. Other similar coercion
 Violation of parliamentary immunity ACT 1: forcing or compelling, directly or indirectly, or
(Art. 145, par. 1) – prevents a member of Congress permitting the forcing of his own employee to
from voting or attending a meeting purchase merchandise from him
ACT 2: paying wages to his employee by means of token
Related crimes of compelling: or objects other than the legal tender, unless
 Expulsion – (Art. 127) pub officer, without authority, expressly requested by the employee
compels another to change his residence (BODOY’s Chinese employer)
 Kidnap for ransom – (Art. 267) compels another to
pay for one’s release from captivity

RIGHT TO PREVENT: READ:

 Art. 429, Civil Code – owner or lawful possessor of a 1. Preventing coalition of labor or capital
thing has the right to exclude any person from 2. Discovering secrets through seizure of
enjoyment or disposal thereof correspondence – private person seized letter with
 Parens patriae – parents by virtue of parental intent to discover secrets of another person
authority may prevent their children from engaging 3. Revealing secrets with abuse of office – offender is
in inappropriate or unproductive activities a manager, employee, or servant who learns of his
principal’s or master’s secrets in such capacity and
Grave coercion Illegal detention reveals them
Essence: compel or Essence: actual confinement 4. Revealing of industrial secrets – offender is in the
prevent by VTI or restraint industrial or manufacturing industry who reveals
Weird examples: secret which prejudices the employer
 A desisted from
marrying B who  not illegal detention since
took her to a room, room is open; main intent is
not closed, had her to compel her to marry
watched so as not
to escape and go to
their wedding
 A constructed a tall
fence around B’s  not illegal detention since
house w/o opening, victim in his house; not grave
preventing them to threat since main intent is to
go out under threat prevent (Art. 286, par. 1)
of death

Art. 287. Light coercion

Par. 1:
1. Offender is a creditor
2. Seizes anything belonging to his debtor
Minus this 3. By means of violence or display of material
= unjust
force producing intimidation
vexation
4. For the purpose of applying the same to the
payment** of the debt

Par. 2: any other light coercion or unjust vexation

**if seizure was made as security to make payment rather

than the payment per se = unjust vexation, if no VI
***if same case but with violence =

3
 Title X: Crimes against Property
CHAPTER 1: Robbery in general

Robbery defined Violence v. person Violence v. thing

Art. 293: ROBBERY defined: topai vif Always robbery, except Robbery IF force upon thing is
if after or serious used to (1) enter building or (2)
1. Unlawful TAKING of personal property*
break doors, chest, and other
*taking is unlawful when no legal grounds
locked things
“TAKING” – depriving rightful owner of ownership
There must be a “taking” hence person given Value of prop taken is Value of property is material in
material possession of a thing cannot rob it. immaterial imposing penalty
2. belonging to another If both are attendant
Hence, if owner took his thing back with these = robbery with violence or intimidation of persons
elements, he cannot be guilty of robbery; Possession (force upon things is absorbed, the former is graver)
is sufficient, not necessarily ownership hence a bailee
or executor can be a victim – e.g. robbery of corpse’s THREAT in robbery
jewelry is robbery against decedent’s executor grave threat is absorbed if employed in another crime
3. with intent to gain (animus furandi) intimidation Intent to gain Robbery by
4. Either: through grave threat intimidation
a) by means of violence against or
intimidation of any person, or
b) using force against anything CARNAPPING under RA 6539
taking, with intent to gain, of a motor vehicle belonging to
ESSENCE of robbery: unlawful taking, asportation another: CVF
PRESUMPTION: intent to gain is presumed upon taking 1. without the latter’s consent, or
(given that intent is cognitive {except by direct 2. by means of violence or intimidation, or
evidence through confession}; same with intent to 3. by force upon things
kill in homicide conclusively presumed at death) QUALIFYING AC: if driver or occupant is killed or raped on the
occasion thereof
CRIM PRO: “motor vehicle” = all vehicles propelled by power except
 naming of owner in Robbery is required if the crime muscular power = carnapping under RA 6539
charged is robbery with homicide in view of capital
punishment (before) or seriousness of crime This law REPEALS robbery and qualified theft of motor vehicle in RPC.
 otherwise, owner need not be named as long as
accused is not the real owner
 in US v Lahoylahoy, name of owner in the
Information did not match owner proved during Composite Robbery
trial, charge of robbery with homicide was changed Art. 294: Robbery with violence against or intimidation of
to homicide only, robbery deemed not proved persons  special complex or composite crime

SAMPLE CASES: “BY REASON or ON THE OCCASION OF”

 Policemen seizing shabu and sold it for gain: (single, indivisible act)
ROBBERY – if selling was contemplated before or Par. 1: robbery with homicide
during the taking of shabu in order to gain, - inclusive of murder, parricide
policemen robbed it since article remains a private – also applies to any person e.g. bystander
MALVERSATION – if selling was contemplated after - there is no robbery with murder
lawful seizure, article is now under custodia legis, Par. 2.a: robbery with rape, intentional mutilation, arson
and misappropriating it is malversation of a - robbery “accompanied by rape or mutilation”
property that is public in nature - there is no robbery with attempted rape; separate
 “de facto” owner – if taking is under a claim of title - if multiple rapes, still 1 composite crime, indivisible
proffered by taker, even if untenable, there is no which is absurd but remedy lies w/ legislature
robbery absent the intent to gain = GRAVE COERCION - if committed w/ homicide = robbery w/ homicide,
only; Intent to gain & lack of ownership must concur rape as AC
Par. 2.b: robbery with serious physical injuries under
violence intent to gain Coercion Art. 263, par. 1: insanity, imbecility, impotency,
blindness (must be on both eyes) – in imb imp b
no violence Intent to gain Theft Par. 3: robbery with serious physical injuries under
Art. 263, par. 2: loss of speech, power to hear or
smell, an eye, hand, foot, arm, or leg, or incap for
VIOLENCE contemplated in robbery work he is habitually engaged – speh fali
 On the occasion of or preceding or by reason of taking Par. 4.a: Unnecessary violence employed
= ROBBERY - violence must be unnecessary
 after taking, independent of taking Par. 4.b: Robbery with serious physical injuries (inflicted in
= theft AND physical injuries/homicide/murder the course of robbery) under Art. 263, pars. 3-4 upon
 serious violence before or after taking, resulting to: person not responsible for robbery: deformity, lost
= special complex (COMPOSITE) crime  Art. 294 non-principal part of body, ill or incap to perform work
habitually engaged > 90 days DLI, or incap for labor >
30 days

1
 Title X: Crimes against Property
CHAPTER 1: Robbery in general

- this paragraph used “in the course of” instead of “by

reason of”; hence, if finger was cut after robbery was Qualified Robbery
completed, there are 2 separate crimes Art. 295. Qualifying* circumstances for robbery: BAES
- this does not apply if robber killed his fellow robber (1) in an uninhabited place
Par. 5: SIMPLE ROBBERY – Violence that does not cause (2) by a band (cuadrilla = 4 at least)
serious physical injuries under Art. 263, or if only (3) by attacking a moving train, car, motor vehicle, or
intimidation was employed airship tcma
- this paragraph includes less serious or slight physical (4) entering passenger’s compartment in a train or
injuries resulting from robbery taking passengers by surprise in their respective
- example: snatching with intimidation or violence conveyances
(5) on a street, highway, road, or alley shra +
*There is NO robbery with murder since qualifying intimidation with firearms
circumstance of treachery is considered as generic AC in a Composite Robbery may be qualified
composite crime. BUT AC and MC are not appreciated in
EXCEPT Art. 294 (1) and (2)
imposing indivisible penalties.
(i.e. robbery with homicide, rape, mutilation,
**It is still robbery with homicide even if person killed is a
arson, serious physical injuries), but
bystander or one of the robbers. The law does not
distinguish, neither should the court (ubi lex non distinguit uninhabited and band are AC under Art. 14, if
nec nos distinguere debemus) not offset by an MC, hence may still be AC
***Accomplices of robbery not knowing robbers will kill are
liable only for robbery – they could not have prevented the *Qualifying circumstances must always be alleged in the
killing from their location (e.g. getaway driver) Information and proved during trial to be appreciated.
**If there are 2 qualifying, one becomes generic AC – e.g. if
Robbery Grave threat uninhabited + band = qualified by band, the former is AC
Intimidation is actual and Intimidation is conditional
imminent or future, not immediate Robbery in Band
Intimidation is personal Intimidation could be -- A QUALIFIED ROBBERY --
through an intermediary Art. 296. Band and relief from liability as member
Intimidation only directed Intimidation against the  BAND (cuadrilla) = > 3 armed men, at least 4
against the victim person, honor, or property  all members of a band are principals,
PHP of party or his family except: when a member attempted to prevent it
Intent of immediate gain Gain is not immediate RELIEF: member endeavored to prevent the crime must be
proved; if so, member is liable only for robbery, not
Robbery Coercion
the other crimes committed by fellow
Intent to gain No intent to gain
CONSPIRACY: all conspirators are liable for the act of one
Robbery Bribery For a principal by inducement, he is only liable for
Victim did not commit Victim did commit crime robbery, not other crimes, absent a clear proof that
crime but forced to give and gave money to he induced robbers to commit other crimes
money; OR victim did authority to evade liability –
commit crime but unwilling parted with his money *If one member’s task is a look-out and was unaware of plan
to give bribe (assuming voluntarily to rape or kill, he is not liable since he could not have
extortion was immediate; if endeavored to prevent it being located outside – CASE?
conditional – grave threat)
COMPOSITE CRIME:
ROBBERY – intent to gain and imminent violence/intimidation
Frustrated & Attempted
Hold-up to! Akin na bag mo o papatayin kita! Robbery with Homicide
THREAT with condition (grave threat)
Art. 297. Frustrated or attempted robbery with homicide will
Ilagay mo ang pera sa isang bag sa gitna ng park
have the same penalty = temporal max to perpetua
bukas ng umaga. Kung hindi, papatayin ko aso mo!
“unless the homicide committed shall deserve a
THREAT lawful but with condition (light threat)
higher penalty” – e.g. parricide which is more severe
Blackmailing
*homicide here is used in a generic sense which includes
THREAT without condition (other light threat)
murder, infanticide, and parricide
Ano problema mo? – gun pointed at victim
**there must be an overt act to commit robbery; if victim
COERCION – no intent to gain and imminent violence
acted on mere suspicion, the act of suspected robbers is
Maghubad ka o babarilin kita!
not robbery; so, if bus driver only suspected that
passengers are hold-uppers, drove fast, then suspects
fired and killed a passenger, crime is only murder, not
robbery with homicide)
***Art. 48 applies in Frustrated/attempted robbery with
serious physical injuries since it is not part of Art. 297.
****If there are other crimes aside from frustrated or
attempted robbery (e.g. Slight and less serious physical

2
 Title X: Crimes against Property
CHAPTER 1: Robbery in general

injuries), the most severe is the composite crime, others

and some factors are AC, if not offset, will set the penalty
under Art. 297 at the maximum Other robbery with force upon things:
1. Art. 303. Robbery of cereals (semilla/seedling), fruits,
and firewood in an uninhabited place or private building
Robbery by Execution of Deeds MC: if prop taken is cereal, fruit or firewood,
Art. 298. Elements: penalty is lower than Art. 299 and Art. 302
1. offender has intent to defraud another 2. Art. 304. Illegal possession of picklock or similar tools
2. compels him to sign, execute or deliver SED any AC: if possessor is a locksmith
public, private, commercial instrument or document
3. compulsion is with violence or intimidation
Robbery by execution of deeds Grave coercion
With intent to gain and to No intent to gain and
defraud defraud
*Art. 298 not applicable if doc is VOID.
EXTRA NOTES:

ROBBERY WITH FORCE UPON THINGS

Personal prop Estafa, robbery, theft
Uninhabited place or private Public prop Malversation, sedition, theft
Inhabited place (Art. 299)
buildings (Art. 302) Real prop Usurpation
Subdv. (a) efti + taking of personal prop
1. enters dwelling, pub belonging to another
bldg., or edifice devoted + intent to gain TOPAI BAILOR
for worship + Value of prop = > P50k THEFT – if with actual possession of thing borrowed and
MUST: house or bldg. + any of these: misappropriated it (e.g. pawned the laptop he borrowed)
NOT: parked car, private (1) entry through opening not
school intended for entrance ESTAFA – if with juridical possession of thing, such as an
2. entered by bopa (2) if wall, roof, floor or administrator or executor who misappropriated an
(a) Breaking wall, roof, outside door or window inheritance of another
door, window, has been broken
(b) through Openings (3) entrance thru false key,
NOT intended for picklock, or similar tools
entrance or egress (4) if any door, wardrobe,
(c) false key, Picklock chest, or any closed
– to enter, NOT to open furniture or receptacle has
furniture or chest been broken  if not
(d) or, under pretext of closed or sealed = THEFT
pub Auth (5) removing closed
NOTE: (1) and (2) are for receptacle and opening it
entry, not getting out somewhere else  need
3. took personal prop once not be closed or sealed
inside, w/ intent to gain
HENCE: if gisungkit from MC: if prop taken is < 50k
outside ang cp, no entry AC: if mail matter or large
= theft, not robbery cattle is taken (+1 degree)

Subdv. (b) “uninhabited” – includes

1. enters same places warehouse, freight car
regardless of mode (spaces for storage of
2. took personal prop with personal prop)
intent to gain:
(a) breaking doors,
chests, locked or inhabited place = shelter,
sealed furniture ship, vessel
- breaking lang, not
public bldg. = state-
included ang using
false keys to open
owned/rented;
furniture Dependency – enclosed
(b) taking away of object places contiguous to bldg.,
to be forced open w/ interior entrance; forms
outside part of the whole - Art. 301
QUALIFIED: by a band
Art. 300
Essential Req: offender ENTERED the place
3
 Title X: Crimes against Property
Chapters 2 – 4: Brigandage, Theft, & Usurpation

Brigandage Theft
Art. 306. Brigandage – a crime committed by more than 3 Art. 308
armed men who form a band of robbers for the Theft, par. 1: a-gw-tw
purpose of either: (1) any person who
 Committing robbery in the highway (2) with intent to gain
 Kidnapping persons to extort ransom (3) but without violence or intimidation
 Any other purpose attained by force or violence (4) shall take personal property of another
Par. 3: if the men carry unlicensed firearms, it shall be (5) without consent from the latter
presumed that they are brigands.
Theft, par. 2: fmg
*If the brigands actually committed robbery with homicide or 1. any person who, having found lost property,
kidnapping for ransom, they are liable for robbery with shall fail to deliver the same to the local
homicide or kidnapping authorities or to the owner
NOTE: either (1) finder in fact or (2) finder in law (e.g. actual
Brigandage Robbery in band finder and a policeman to whom a thing was surrendered;
Purpose is to rob in the hi- Commit only robbery, not latter though does not have juridical possession for estafa
way, kidnap for ransom, necessarily in the highway since “spring cannot rise above its source”
other purpose 2. any person who, after having maliciously
Mere formation of band for Necessary to prove that damaged the property of another, shall remove
any of the 3 purposes is robbery was actually or make use of the fruits or object of the
brigandage; no need to committed, mere damage caused by him
actually commit robbery conspiracy not punished 3. any person who shall enter
BOTH: require a band of robbers of > 3 armed men (a) an enclosed estate or
(b) a field where trespass is forbidden or
Art. 307. Abetting a band of brigands AGA (c) which belongs to another without consent
 Aids or abets in any manner a band of brigands from the owner, shall:
 Gives them info of the movement of the police or (1) hunt or fish upon the same
other peace officers of the gov’t (2) gather fruits, cereals, or other farm
 Acquires or receives the property taken by brigands products
NOTE: Philippine Fisheries Code of 1998 punishes illegal and
unregulated fishing

PD 532 – Anti-Piracy & Anti-Highway TAKING/ASPORTATION – deemed complete when the

Robbery Law offender gains possession of the thing and deprived
owner of the same, even if he has no opportunity to
dispose of the same; hence, under Art. 308, RPC, there
“highway robbery/brigandage” – (1) seizure of person for
can be NO FRUSTRATED THEFT (Valenzuela v People, GR
ransom or (2) taking away of property by means of:
No. 160188, June 21, 2007)
 violence against or intimidation of persons
 or force upon things
 or other unlawful means, IMPT:
committed in any Philippine highway  if there is force upon things to enter, but it is NOT a
building or dependency enumerated under Robbery,
“Philippine highway” – any road, street, passage, highway, case is theft (e.g. fence was broken to steal cattle =
bridge, railway in the Philippines used by persons, THEFT, not robbery since fence is not a structure
vehicles, or trains for movement of persons, contemplated under Robber)
transportation of goods or both  possessor of thing recently stolen is presumed to be
the thief of all, absent a satisfactory explanation of his
Gravamen – punishes purpose of brigandage which is, inter possession
alia, indiscriminate highway robbery rather than  theft is not a continuing offense hence jurisdiction lies
against predetermined victims (PP v Puno, GR No. with the court where the theft was made, not where
97471, February 17, 1993) the stolen item was taken
 owner cannot be guilty of theft because it is not a
Brigandage, Art. 306 Brigandage, PD 532 property of another – same with robbery
Mere formation of band is Crime must be committed
punishable Art. 309
Basis of penalty for Theft: vnc
Requires at least 4 armed One offender will suffice
1. Value of the thing stolen
men to form band
2. Value and Nature of property taken
Particular or with Indiscriminate (PP v Puno)
3. Circumstances or causes that impelled the culprit
predetermined victims

1
 Title X: Crimes against Property
Chapters 2 – 4: Brigandage, Theft, & Usurpation

Art. 310 Based on offender:

Qualified Theft: Sam cfc If offender is alien – deported immediately upon
1. By domestic servant completion of service of sentence
(not qualified if by housemate, laborer, employee) If offender is a govt official or employee – DQ from public
2. With grave abuse of confidence office and DQ from voting and being voted
(usually those entrusted or were given access e.g.
bank teller who has physical, material and (3) Anti-Fencing Law or PD 1612
temporary, not juridical, possession of money “fencing” – the act of any person who, with intent to gain,
deposited) shall BD PACKS BD buy, dispose, possess, acquire,
3. Prop stolen is (a) motor vehicle, (b) mail matter, or conceal, keep, or sell, buy and sell, or deal with
(c) large cattle items which he knows or should be known to him to
(motor vehicle here is repealed by RA 6539) have been derived from robbery or theft
4. Prop stolen is coconuts from premises of plantation Presumption – mere possession of any item which has
5. Fish from a fishpond or fishery been subject of robbery or theft is prima facie
6. Prop taken on the occasion of a calamity, vehicular evidence of fencing
accident, or civil disturbance Fencing is distinct and did not repeal liability for accessory
PENALTY: 2 degrees higher in robbery or theft under the RPC
NOVATION theory to extinguish liability by acceptance of
payment by offender thereby estopping offended (4) RA 7832 or Anti-Electricity and Electric Power
party from proceeding with legal action must be
Transmission Lines/Materials Pilferage Act
grounded in a CONTRACT; no contractual relation,
Theft of electric power transmission line/materials EPT
no novation.
line/material: cutting, taking, storing EPT
lines/materials, w/o consent from owner, with or
Cattle rustling Malicious Mischief
w/o intent to gain; shipping the same w/o consent
Taking of large cattle alive or Killing of large cattle as from owner or NPC
its meat or its hide revenge after it ate crops EPT lines or materials – include electric cables, wires,
insulators, conductors > 69 kv, etc.
(1) Material, actual possession – actual possessor who is not INVOLVES Corporeal or incorporeal personal property
necessarily the owner  THEFT or QUALIFIED
THEFT if possessor misappropriates and if it is
(5) RA 8041 or National Water Crisis Act of 1995
qualified (e.g. caretaker of cow)
Penalizes acts of stealing or pilferage of water such as
(2) Juridical possession – possession by lawful causation (e.g.
tampering water meters, stealing of water pipes,
borrower of cow = commodatum contract) 
possessing stolen or tampered water meters, etc.
ESTAFA if possessor misappropriates without
Penalties – water utility concerned has right to disconnect
authority or consent
service 5 days after notice

Special Laws related to Robbery and Theft

(1) New Anti-Carnapping Act of 2016 or RA 10883
REPEALS Anti-Carnapping of 1972 and RPC Art. 311
“carnapping” - taking, with intent to gain, of a motor THEFT WITH FIXED PENALTY: Theft of property of the
vehicle belonging to another without consent (1) National Library and
OR by means of VIF – Sec. 3, RA 10883 (2) Library Museum
“motor vehicle” = all vehicles propelled by any power “unless a higher penalty should be provided
other than muscular power using public under other provisions in this Code”
highways; EXCEPT – vehicles on rails, agri
purposes like tractors, bulldozers and  this is unlike other theft with a penalty which depends
amphibians if not used on pub highways – on the value of property taken
Sec. 2 (e), RA 10883  if crime is committed with grave abuse of confidence,
QUALIFIED Carnapping: if driver or occupant is crime is qualified theft
(1) killed or (2) raped on the occasion thereof

(2) Anti-Cattle Rustling Law or PD 533

REPEALS qualified theft of large cattle in RPC
“cattle rustling” – taking away by any means, with or
without VIF, without consent of owner, of any large
cattle whether or not for profit; includes taking of
meat and hide
“cattle” – cow, carabao, horse, mule, ass, and other
domesticated member of the bovine family
Qualified cattle rustling – if owner or raiser was killed on
the occasion thereof
Prima facie evidence – failure to provide docs for large
cattle – no need to for prosecution to prove theft in
another case before rustling can be charged

2
 Title X: Crimes against Property
Chapters 2 – 4: Brigandage, Theft, & Usurpation

USURPATION
Art. 312
Occupation of real property and
Usurpation of Real rights

ACT 1: taking possession of any real property belonging

to another by means of violence against or
intimidation of persons
ACT 2: usurping any real rights in property belonging to
another by means of violence against or
intimidation of persons

 if no violence or intimidation = only civil liability

 if violence is subsequent to occupation of
property
= usurpation of real rights
 refusal to vacate land after court action is not
usurpation = contempt of court

Theft and Robbery Usurpation

Personal property Real property
Involves Occupies or usurps
taking/asportation
All: with intent to gain

Art. 313
Altering Boundaries or Landmarks
1. There be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended
to designate the boundaries of the same
2. The offender alters said boundary marks

 Fraudulent intent or intent to gain not required

 Altering involves destruction of a monument and
bringing it to another place, removing a fence

PERSONAL PROPERTY – movables susceptible of

appropriation; in general, all things which can
be transported from place to place without
impairment of the real property (Art. 416, CC)

REAL PROPERTY – immovables such as lands, buildings,

trees, statues, animal houses, fertilizers,
contracts for public works and other real
rights over immovable property (Art. 415, CC)

3
 Estafa – A315
Art. 315: ESTAFA/ SWINDLING Falsification Infidelity – A226
(3.c)
Offender: either Offender: private Offender: public
Elements sine qua non: Diff docs – legis, Removes, Remove,
 Offender defrauded another by abuse of pub, private, conceals or conceal, destroy
confidence or by deceit med cert, destroys doc doc entrusted
 Damage is capable of pecuniary estimation entrusted RCD RCD
Damage not req Intent to No intent to
“misappropriate” – disposal of property without right for pub doc defraud; with defraud
Prima facie evidence: failure to account damage**
“fraud” – calculated means to take undue advantage *IF deceit or abuse of confidence not proved in estafa
of another by dishonest means case, no crim liability, only civil liability
“deceit” – a species of fraud; deliberate assertion of a **If no damage, attempted or frustrated estafa only.
falsehood
“possession” – material; actual, physical = theft if GEN: Demand is a condition precedent for estafa.
misapp EXCEPT:
Juridical; lawful causation = estafa if misapp 1. Offender’s obligation is with a period
2. Offender cannot be located despite due
Subdivision 1: abuse of confidence diligence
a) Altering the substance, quality, or quantity of 3. There is evidence that offender already
the thing in an onerous obligation even misappropriated the object
though such obligation has immoral or illegal
consideration; P.D. 115 – Trust Receipts Law
b) Misappropriating personal property in trust or - punishes estafa for failure to account for
denying having received such money; e.g. goods, documents, or instruments covered by
bailee sold car entrusted by bailor in a the trust receipt  applies to directors, officers,
contract of commodatum employees of juridical entities, e.g. corpo,
c) Taking undue advantage of signature of partnership, association
offended party in blank
Novation theory – receipt of payment by victim
Subdivision 2: false pretense converts criminal liability to civil obligation –
a) Fictitious name or falsely pretending to applies only if criminal liability is not yet
possess power, qualification, property, incurred
agency, business, imaginary transaction, or
any similar deceits Complex crime of theft and estafa – possible; ex: X
b) Altering the quality of anything pertaining to took pawnshop stub without consent (theft) as
his art or business a necessary means to redeem the jewelry using
c) Pretending to have bribed a govt employee a fictitious name (estafa) – PP v Yusay (1927)
d) Issuing worthless checks – must be a causal Estafa Theft
fraud (i.e. check given to contract an obli); no Involves taking, Involves receiving,
estafa if incidental fraud (i.e. check given to generally generally
pay pre-existing obligation), BP 22 violation Has juridical possession Has material possession
instead of the thing of thing
e) Non-payment in a restaurant, hotel, boarding misappropriated misappropriated
house, or apartment with intent to defraud or Damage or intent to With intent to gain
by surreptitious abandonment cause damage
Damage is capable of Without consent of the
Subdivision 3: fraudulent means pecuniary estimation owner
a. Inducing another, by means of deceit, to sign With deceit or abuse of Without violence or
any document confidence intimidation
b. Fraudulent practice to insure success in Requires prior demand In malversation & theft
gambling in whatever form – prior demand not req
c. By removing, concealing, or destroying any *except, when there is *although failure to
court record, office files, or any other papers evidence of misapp or account on demand is a
Cf: infidelity in the custody of doc and conversion prima facie evidence in
falsification malversation

Mutuum – simple loan of money or consumable thing

- ownership passes to borrower (Art. 1933, NCC),
therefore, failure to pay debt is NOT estafa since
there is no unlawful taking of property belonging
to another

1
 Art. 316: Other Forms of
Swindling

Par. 1: conveying, selling, encumbering, or

mortgaging CSEM a real property,
pretending to be the owner
Cf: Art. 315 (2) (b) broader, offender need

Real property
not exec acts of ownership, only false
pretense; also applies to both personal
& real props

Par. 2: disposing real property knowing it to

be encumbered

Par. 3: wrongful taking of a personal

Personal
property from its lawful possessor to property
the prejudice of the latter or a 3rd
person

Par. 4: Executing any fictitious contract to

the prejudice of another

Par. 5: accepting any compensation given to him

under the belief that it was in payment of
services or labor which he actually did not
perform. – Fiscal Ques
REQ: fraud; if there is no fraud = solutio indebiti

Art. 317: Swindling a Minor – induced a minor to

assume an obligation involving money, credit, or
personal property (no real prop here since minor is
incap)

Art. 318: Other Deceits – either:

1. Defrauding another by means of deceit not
mentioned in preceding articles
Ex: bus conductor collected P100 but gave a
ticket worth P50, he pocketed the excess P50;
or, non-payment of a vehicle he rented since
Art. 315 only refers to hotels and apartments;
2. Interpreting dreams, fortune telling, or taking
advantage of credulity of public in similar
manner for profit or gain

Art. 314: Fraudulent Insolvency

Elements:
1. Offender is a debtor with obli due and payable
2. He absconds payment
3. With prejudice to his creditor
QUALIFIED: if offender is a merchant

 Crime applies to both personal and real property

 Insolvency Law: requires criminal act done after
insolvency – not inconsistent with RPC

2
 CHATTEL MORTGAGE #1: SIMPLE ARSON – Sec. 1, P.D. 1613
Art. 319: Removal, sale or pledge of mortgaged property Par. 1: any person who burns the property of another
ACT 1: Removing personal prop under Chattel Mortgage Par. 2: any person who sets fire to his own property
Law to any province or city without written consent which exposed to danger the life or property of
of mortgagee or his executor, admin, or assign another
Offender: any person
#2: DESTRUCTIVE ARSON – Art. 320, RPC, amended: RA 7659
ACT 2: Selling or pledging property already pledged ACT 1: burning of one or more buildings either by
without written consent of the mortgagee and (a) single act;
noted in the register of deeds where property is (b) simultaneous burning, or
located  original Spanish text includes mortgaging (c) on different occasions
a property already mortgaged ACT 2: burning of buildings devoted for the general public,
Offender: mortgagor regardless if uninhabited or offender has no
knowledge that it is occupied
 PENALTY: arresto mayor or a fine 2x value of property ACT 3: train or locomotive, ship or vessel, airship or plane
 REQS of a valid chattel mortgage: ACT 4: any building, factory, warehouse
 Affidavit of good faith ACT 5: burning of building to conceal evidence of:
 Registered in the register of deeds (a) violation of law
 Art. 319 requires a VALID chattel mortgage to be (b) bankruptcy
punishable. (c) defraud creditors
Sale of mortgaged prop Other forms of Estafa (d) or to collect insurance
(Art. 319) (Art. 316) + burning of state arsenal, shipyard, fireworks factory, or
museum
BOTH: selling of mortgaged property ++ burning of an inhabited place or storehouse or factory
Personal property Real property of inflammable materials
Purpose: protect mortgagee Purpose: protect purchaser
#3: OTHER CASES OF ARSON – Sec. 3, P.D. 1613

ARSON ACT 1: burning of government office

ACT 2: burning of house or dwelling
“Arson” – malicious destruction of property by fire ACT 3: burning of industrial establishment
ACT 4: of plantation, farm, pasture land, growing crops,
ATTEMPTED Arson: grain field, orchard, forest
 Offender commences the commission of crime by ACT 5: any mill central – rice, sugar, cane
overt act (e.g. placing kerosene-soaked rags beside ACT 6: railway, bus station, airport, wharf, warehouse
the wooden post of a building)
 But he does not perform all acts of execution (e.g.
Destructive arson Simple arson
setting rags on fire) (Art. 320) (P.D. 1613)
 By reason of causes other than his own spontaneous Heinous crime Lesser degree of perversity
desistance (e.g. he was caught) Greater perversity
Higher penalty Lower penalty
FRUSTRATED Arson: Gen covers structures for Any other structure
 Offender performs all acts of execution (e.g. setting pub use or govt-owned
kerosene-soaked rags)
 but did not produce arson by reason of causes Special AC in arson – Sec. 4, P.D. 1613
independent of his will (e.g. fire was put out before (1) if committed with intent to gain
the building was burned) (2) if committed for the benefit of another
(3) if motivated by hatred towards owner or occupant
CONSUMMATED Arson (4) if committed by a syndicate
 offender performs all acts of execution
 and the building was burned, charred, or any part of NO ARSON complexed with HOMICIDE because homicide is
the building was destroyed by fire absorbed in case of arson resulting to death – Sec. 5, P.D.
1613
Any charring whereby fiber of the wood was destroyed is
sufficient to consummate arson – 4 Am. Jur. 88-89 If offender intended to kill X and, to conceal the corpse,
burned down the house = murder AND arson
Setting fire to the contents of a building = setting fire of the
building, even if no part of the building was burned. - US v Go Under RA 9372 (Human Security Act of 2007):
Foo Suy, GR 8217, September 5, 1913 Arson under P.D. 1613 = Terrorism
If committed to sow or create a condition of
widespread and extraordinary fear and panic among
Kinds of arson the populace
#1: Simple arson – Sec. 1, P.D. 1613
#2: Destructive arson – Art. 320, amended by RA 7659
#3: Other cases of arson – Sec. 3, P.D. 1613

1
 MALICIOUS MISCHIEF
Art. 327: Malicious Mischief – deliberate damaging of
another’s property for the sake of causing damage
due to hate, revenge, or other evil motive*

*without any evidence of evil motive, offender only

incurred civil liability – e.g. killed pig who entered fence
without proof of hatred, revenge, or for the sake of
damaging)

“damage” – loss and diminution of property

Art. 328: Qualified Malicious Mischief

1. Causing damage to obstruct performance of public
functions  Cf: Sedition  malicious mischief does
not include public and tumultuous uprising
2. Using poisonous or corrosive substance (e.g. used in
killing large cattle or in causing rust to machine)
3. Spreading infection among cattle
4. Causing damage to the property of the National
Museum or National Library or any archive,
waterworks, road, promenade, and any other thing
used in common by the public NOTE: There is
also theft specific for the National museum

Art. 329: Other Mischiefs

- penalty based on value of property or object
- example: groom allowed horse die of hunger under
his care; servant released caged bird out of spite;
spreading human excrement on a building
Art. 329, par. 3: < 40k damage
EX: killing cow which entered fence out of revenge

Art. 330: Damage and obstruction to means of comm

- damaging any railway, telephone lines
- QUALIFIED: if resulted to derailment of cars,
collision, or other accident

ART. 332: Exemptions from Criminal

Liability in Crimes against Property

NO crim liability, only civil in: TEM

THEFT
ESTAFA
MALICIOUS MISCHIEF

If offender and offended party are relatives by being:

 Spouses, ascendants, descendants, or relatives by
affinity in the same line SADR
NOTE: this includes stepchild or step parents, relation
by adoption, paramour, common law partner
 Widowed spouse with respect to prop of deceased
spouse before the same passed into the possession
of another
 Brothers and sisters, and sisters- or brothers-in-law,
if living together

2
 Crimes against Chastity  regardless of age & reputation LQF: Lascivious, Quali seduction of sister/descendant, Forcible abduction

Art. 333: ADULTERY SEDUCTION

(1) Married woman who has sexual intercourse with a - enticing a woman to unlawful sexual intercourse by
man not her husband promise of marriage or other means of persuasion
(2) A man who has sexual intercourse with a woman without use of force
who he knows is married
Type 1: Qualified Seduction (Art. 337)
 Essence: violation of marital vow (1) Seduction of a virgin > 12, < 18 years old by a person
 Each intercourse constitutes a crime of adultery, hence in authority, priest, teacher, etc.
no double jeopardy for subsequent charges “virgin” – a virtuous unmarried woman of reputation
 Gist: prevent a man from maintaining a family not his (2) Seduction of a sister by her brother, or descendant
 Abandonment is MC for both offenders by an ascendant, regardless of her age or reputation
 Pardon MUST:
 Come before action was instituted Offenders: ACR + D in simple
 Both offenders must be pardoned  Those who abuse their Authority:
 Agreement to separate, while void in law, bars criminal Teacher, guardian, public authority
action by operating as consent  Those who abuse Confidence reposed upon them:
Priest, house servant, domestic
Art. 334: CONCUBINAGE  Those who abuse Relationships:
ACT 1: keeping mistress in conjugal dwelling Brother to sis, ascendant to descendant
ACT 2: having sexual intercourse under scandalous
circumstances with a woman not his wife Type 2: Simple Seduction (Art. 338)
ACT 3: cohabiting with her in any other place  Seduction of a woman > 12, < 18, of good
reputation, to have SI with her by means of DECEIT
“scandal” – any reprehensible word or deed that - if 18 and above, no crime if persuaded to have SI even if
offends public conscience, redounds to the deceit was employed, provided there is no force employed
detriment of the feelings of honest persons - deceit by promise of material things e.g. jewelry is NOT
“cohabit” – living together in the manner of husband covered – sign of moral laxity, a prostitute
and wife for a period of time, as opposed to - NOT required: virginity, as long as there is no moral laxity
transient, unlawful intercourse - REQ: sexual intercourse, otherwise = acts of lasciviousness
NOT concubinage – husband caught by wife having SI
with another woman in a hotel; man Seduction Rape Lascivious
impregnates another woman = piece of shit Without use of With violence or Same with
force, only ACR intimidation seduction – ACR
Art. 335: Rape – no longer a crime against chastity but against
With sex No sex
persons (Art. 266-A and 266-B)
Statutory rape: mere SI with <12

Art. 339: Acts of LASCIVIOUSNESSS with CONSENT

Art. 336: Acts of LASCIVIOUSNESS Victim: woman who is
Victim: either sex  >12 and < 18
lasciviousness under any of the circumstances: FUA <12  Single and of good reputation, or
1) Force or intimidation  Sister or descendant, regardless of
2) Victim is deprived of reason or unconscious age or reputation
3) Fraud or grave abuse of authority Offender: commits acts of lewdness by ACR + D
4) Victim is < 12 years old or is demented
Lascivious – Art. 336 Lascivious – Art. 339
“Lewd” – obscene, lustful, or indecent Had there been sex, crime Had there been sex, crime is
Acts of lasciviousness (A336) Abuse of chastity is rape seduction
(A246) Involves force and other Does not involve force, only
Offender: pub officer Private individual elements of rape victim elements of seduction –
Victim: either under custody or a Victim: any person ACR + D
relative; or transacts w/ office
Art. 246, Par. 1 – proposal Art. 336 – there must
consummates crime be an overt act with PROSTITUTING
lewd design Art. 340: CORRUPTION of minors
Attempted Rape - facilitate prostitution of a person under age to
Lewd act is the final objective of Clear intent is to have satisfy lust of another (bugaw)
the offender sex, lasciviousness is
preparatory  Mere proposal consummates the crime
No attempted or frustrated stage Is either attempted or  Victim must be of good reputation, not corrupted
consummated  RA 7610, Sec. 5 punishes the same act, Sec. 6 for
NOTE: No sexual intercourse Unjust vexation attempted corruption
required in acts of lasciviousness (A287, par. 2)
With lewd design (e.g. touching Without lewd design Art. 341: White slave trade
breast to derive pleasure) (e.g. touching breast - engaging, profiting, or enlisting women in prosti
in public to embarrass  RA 7610, Sec. 10 punishes white slave trade < 12
her)

1
 Crimes against Chastity  regardless of age & reputation LQF: Lascivious, Quali seduction of sister/descendant, Forcible abduction

ABDUCTION PARDON and extinguishment of crim liability (Art. 344)

- taking away of a woman for the purpose of carrying  may only be given by the offended party – pardon
her to another place to marry or corrupt her my minors must have concurrence of parents –
except when minor has no parents
Art. 342: FORCIBLE ABDUCTION  must be expressly given
1. abduction of any woman, regardless of age,  marriage extinguishes crim liability of principal and
reputation or civil status his accomplice and accessory in SAA cases (exclude:
2. against her will adultery and concubinage) – except in rape which is
3. with lewd design now a crime against persons where only the
principal’s liability is extinguished
NOT REQ: sexual intercourse
NO: abduction complexed with ATTEMPTED rape since it CIVIL LIABILITY for adultery, concubinage, SAR (Art. 344)
is absorbed in the lewd design of abduction indemnification of offended party in adultery,
concubinage, and SAR
Forcible abduction Grave coercion Kidnapping acknowledge offspring in rape, unless law prevents
With lewd design No lewd design No lewd design him from doing so
Essence: taking Essence: compel Essence: deprive support the offspring in rape; in multiple rape, all
away with lewd or prevent by liberty accused must support
design use of VTI *no civil liability for acts of lasciviousness in RPC
Forcible abduction w/ rape || Kidnapping w/ rape
Main intent: lewd || Main intent: kidnap; rape is incidental
use of violence, intimidation Violence not
compelled to do something against will required

Art. 343: CONSENTED ABDUCTION

1. woman > 12 and < 18 and of good reputation/virgin
2. taken away with her consent after solicitation or
cajolery
3. taking is with lewd design

 crime is consummated no matter how brief the taking

 if no solicitation or cajolery, no crime
 penalty is not for the girl since she consents but to the
disgrace of her family and public alarm

Prosecution of Crimes against Chastity

FILING OF COMPLAINT (Art. 344)

 only offended spouse can file for adultery or
concubinage
 in cases of seduction, abduction, rape*, and acts of
lasciviousness SAA, only the:
a. offended party
b. her parents
c. grandparents, or
d. legal guardian (court-appointed)
 RAPE now a crime against persons by virtue of
RA 8353 hence rape may now be prosecuted de
oficio (information signed by pros officer, not
necessarily by the offended party)
 ADULTERY or CONCUBINAGE cannot be filed
without including both guilty parties or when the
latter were both consented or pardoned; case
will still prosper despite death of the aggrieved
spouse; ONLY the offended spouse can pardon
 court may motu propio dismiss case for failure of
above req even when not questioned by accused
 minority not an impediment to sign a complaint and
file a case – only insanity or physical disability
 complaints must be filed before the court, not with
the fiscal – to clothe court with jurisdiction
2
Crimes against Civil Status of Persons Crimes against Honor

Art. 347: SIMULATION of birth Art. 353: LIBEL

ACT 1: simulation of birth (1) Malicious imputation of: mip db
- woman pretends to be pregnant when in fact she is  Crime, vice, or defect – real or imaginary
not, and on the day of supposed delivery, takes  Any act, omission, condition, status or circumstance
the child of another as her own “Malice” – if calumny is prompted by ill-will or spite
- law abhors the creation of false status to the and spoken not in response to a duty but merely
detriment of the family into which the child was to injure the reputation of the person defamed
deceitfully introduced 1. “Malice in fact” – ill-will or intent to injure reputation;
ACT 2: substitution of one child for another evidenced by grudge, rivalry, or ill-feeling
- Mara-Clara syndrome where two babies were 2. “Malice in law” – presumed malice in Art. 354
exchanged without knowledge of their parents (2) made publicly
ACT 3: concealing or abandoning legit child with intent “Publication” – the communication of the defamatory
to cause such child lose its civil status matter to some 3rd person or persons
- offender conceals or abandons a legitimate child “third person” – any person other than the one defamed
with intent to cause such child lose its civil status (e.g. writing a letter to another person other than the
- Grace Poe syndrome – leaving a newborn at the person defamed constitutes publication – unless letter is
doorstep of church sealed, made confidential)
(3) which tends to cause the dishonor, discredit or contempt
Abandoning a minor – Art. 276 Abandoning – A347, par. 3 of a natural or juridical person
(4) or to blacken the memory of a deceased
Offender: one with custody Offender: any person
Purpose: avoid obligation of Purpose: for child to lose civil Defamation
rearing a child status 1. Libel 2. Slander 3. Slander
by deed (oral defamation)

Art. 348: USURPATION of civil status  YES LIBEL – The meaning of the writer is immaterial; it is
- Impostora syndrome – one pretends to be the daughter the words in fact conveyed on the minds of persons
of another to assume her rights reasonable understanding and the context known to the
hearer or reader which are relevant.
Art. 349: BIGAMY  YES LIBEL – complaint filed by a govt agency produces
- offender, legally married, contracts a valid subsequent greater weight than the same complaint filed by a private
marriage while the previous marriage is subsisting person; to enjoy immunity, a publication of derogatory
 Divorce by a Muslim leader is not recognized matter must be not only true but also fair and made in
absent declaration of a competent court clothe good faith without any comment or remarks – Policarpio v
with jurisdiction Manila Times, GR 16027, May 30, 1962
 If subsequent marriage is void, no bigamy  NOT LIBEL – Expression of opinion by one affected by the
 If person in subsequent marriage knows about act of another and based on actual fact is NOT libelous.
previous marriage, he is an accomplice But such must be made in the performance of a legal,
 Art. 40, FC: requires judicial declaration by final moral, social duty
judgment to nullify a marriage  NOT LIBEL – communication of libelous matter only to the
 Art. 41, FC: requires a summary proceeding to defamed person not a crime since it does not amount to
declare absentee spouse as presumptively dead (4 publication which can injure his reputation
consecutive years of disappearance or 2 years if in  NOT LIBEL – if libelous imputation is an act which has
danger of death) before present spouse can another objective such as filing a case from which the
contract a subsequent marriage accused was later exonerated, there is no libel

Art. 350: Marriage contracted against provisions of law LIBEL under RA 10175 or
- a person, NOT guilty of bigamy, contracts a marriage Cybercrime Prevention Act of 2012
knowing that there is a legal impediment
SOCIAL MEDIA – There must be a manifest intent to keep
Art. 351: PREMATURE MARRIAGE certain posts private in OSN by utilizing privacy tools –
ACT 1: widow marries within 301 days from death of Vivares v St. Theresa’s College, G.R. No. 202666.
spouse or before she delivered when pregnant September 29, 2014:
at the time of his death “We cannot afford protection to persons if they
ACT 2: a woman who marries within 301 days after the themselves did nothing to place the matter within the
date of the declaration of nullity of previous confines of their private zone.”
marriage ABOUT THE LAW – Liable for cyber-libel is the original
author of the post; people who reacted to the post are
Art. 352: Performance of illegal marriage ceremony not liable – Disini v. Sec. of Justice, G.R. No. 203335, 11
Offender: priest or minister of any religious February 2014 (citizen’s action against new law)
denomination who performs an illegal marriage
Art. 352 – performance of Art. 177 – usurpation of 3 types of PRIVACY
illegal marriage authority (CJ Puno, speech, March 2008,
The Common Right to Privacy)
Solemnizing officer has Solemnizing officer has no 1. Locational or situational – physical space
authority to solemnize authority to solemnize 2. Informational – right to control info about one’s self
3. Decisional – right to make choices with respect to
personal and reproductive autonomy
Libel committed at the same time against multiple persons Art. 358: SLANDER - libel committed by oral means
constitutes as many libels as the offended parties may file – (1) simple slander
PP v. del Rosario, GR L-2254, April 20, 1950 (2) grave slander – serious and insulting nature
“Putang ina mo” is a colloquial means to express anger,
Art. 354: MALICE IN LAW hence not a slander (Reyes v PP, GR L-21528, March 28, 1969)
Every defamatory imputation is presumed to be
malicious even if true, EXCEPT: Art. 359: SLANDER BY DEED
NO MALICE IN LAW IN: - libel committed by performing an act
Good intention e.g. slapping face of another to embarrass him
Justifiable motive + Proof of truth Slander by deed Maltreatment -A266
(e.g. A tells C that B is a thief since B is applying for a Slapping of face from which Slapping of face per se which is
job in C’s store, B having been previously convicted, offended party suffered a slight physical injury, no
is an imputation with justifiable motive and good humiliation or shame humiliation
intention; NOT if B is not applying for a job)
Irritation or annoyance per se  unjust vexation
Privileged communication Publicity and dishonor  slander by deed
(1) private comm made in the performance of any legal, Rape elements  acts of lasciviousness
moral or social LMS duty  this is a (i.e. lewd design + VIF, or deprived reason or < 12)
QUALIFIED PRIVILEGED COMM with REQS:
1. author has LMS duty Art. 360: LIABLE FOR LIBEL and VENUE and DE OFICIO
2. comm is addressed to a superior 1. Publisher or who caused publication or exhibition
3. made in good faith – need not establish truth 2. Author or editor
(so, Harvey’s email to all units does not qualify) 3. Business manager of a serial publication
(2) fair and true report of judicial or legislative proceedings 4. Owner of printing plant who published it w/ consent
without comments or about an act of a public officer VENUE:
in the exercise of their function a. Where libelous material is printed or first
*NOT AN EXCLUSIVE LIST since + consti freedom of press published, OR
b. Where offended party resides at the time of the
Doctrine of Fair Comment commission of the crime
Fair commentaries on matters of pub interest are DE OFICIO:
privileged – these are opinions reasonably inferred if imputation refers to a crime that cannot be
from established facts – Borjal v CA, GR 126466, prosecuted de oficio, the Information must be filed by
January 14, 1999 the offended party: AC SAA cases
Criticism Defamation RPC Crimes that cannot be prosecuted de oficio:
Invites public attention Pries into private life of a AC – adultery, concubinage (Art. 344)
or comment but does pub official not related SAA – seduction, abduction, acts of lasciviousness
not pry into private life to his public duty L – libel imputing AC SAA (Art. 360)

 This provision means the burden falls upon the Art. 361: PROOF OF TRUTH
defendant to prove good faith. 1. Libel is about an act constituting a crime – proof of
 If there is no malice in law, burden for plaintiff and crime extinguishes crim liability of author
prosecution to prove that there is malice in fact 2. Libel is about an act not necessarily a crime but is
related to the official duties of a pub officer
TWO KINDS OF PRIVILEGED COMM:
(1) Absolute – not actionable even if in bad faith (e.g. Art. 362: LIBELOUS REMARKS
privilege speech by members of Congress; - reporter’s defamatory opinion on privileged matter
judicial proceedings, etc.)
(2) Conditional/ qualified – imputations actionable if Art. 363: INCRIMINATING INNOCENT PERSON
made with malice - planting evidence to innocent person

Art. 355: Penalty Art. 364: INTRIGUING AGAINST HONOR

Prision correcional or - use of tricky and secret plot to dishonor another
Fine of 40k to 1.2M
DEFENSES IN DEFAMATION
Art. 356: Threaten to publish libel Pack 1 (1) Proof of truth – either act imputed is a crime or an act
Blackmailing libel Art. 354 of a public officer, AND
Cf: Art. 283 – Light Threat (no crime threat + condition) (2) published with Good motives, AND
(3) for Justifiable ends - PGJ
Art. 357: GAG LAW
- Art. 357 is violated by media if: Pack 2 Absolute privileged communication – has immunity
(1) article publishes facts connected with the private life of an
individual, AND Pack 3 Qualified privileged communication - DAG
(2) such facts are offensive to the honor, virtue and Art. 354 1. author has LMS Duty
reputation of said person 2. comm is Addressed to a superior
3. made in Good faith
 Newspaper reports are barred from publishing cases of
adultery, divorce or issues of legitimacy of children Pack 4 Doctrine of Fair Comment PO
Borjal v CA 1. Matter is of public interest
 Media cannot be compelled to reveal source of
information unless necessary for the “security of the 2. Opinion reasonable inferred from estab facts
state” – RA 1477 or “Shield Law”
 QUASI-OFFENSES

Art. 365: Imprudence and Negligence

ACT 1: Committing through reckless imprudence
an act which, if done with intent, would
constitute a grave, less grave, or light
felony
e.g. reckless imprudence resulting in
homicide such as running over a
pedestrian with negligence or a quack
doctor killed patient during ritual
NOT against doc after patient died
following surgery absent any
preponderance of evidence of reckless
imprudence
ACT 2: Committing through simple imprudence
or negligence an act which, if done with
intent, would constitute a grave or less
grave felony
e.g. simple imprudence causing damages
to property
ACT 3: Causing damage to the property of
another through reckless or simple
imprudence
ACT 4: Causing through simple imprudence
some wrong which, if done maliciously,
would constitute a light felony

 Imprudence or negligence is not a crime but a

way of committing a crime.
 IMPRUDENCE = deficiency of action; committed
by failure to take necessary precaution once they
are foreseen
 NEGLIGENCE = deficiency of perception;
committed by failure to pay proper attention and
failure to use diligence in foreseeing them

ELEMENTS:
1. NO INTENT OR MALICE
2. INEXCUSABLE LACK OF PRECAUTION

Doctrine of Pre-emption
- although the right of pre-emption belongs to
the driver driving along a thru-street, he has the
duty to stop when another vehicle has already
reached the middle thereof

Contributory Negligence = MC, not a defense

- one cannot allege the negligence of another to
evade the effects of his own negligence

Doctrine of Last Clear Chance

- in motor vehicle accidents, liability falls upon
the person who had the last opportunity and
time to avoid the mishap if he had been
sufficiently cautious
- this doctrine only applies to motor vehicles, not
buildings – de Roy v CA, GR 80718, January 29,
1988

Emergency Rule
- in a sudden, unexpected context, leaving one to
make a speedy decision based largely on impulse
“in order to save himself, he has to injure
someone else”
 RA 9262
Anti-Violence against Women and their Children

“Violence against women and their children” – an act or series of act against a woman who is
1. his wife
2. former wife
3. with whom he has sexual or dating relationship
4. with whom he has a common child
5. his child, legitimate or illegitimate
resulting to:
1. physical (i.e. bodily harm)
2. sexual (e.g. prostituting)
3. psychological harm (e.g. witness abusive injury to pet)
4. economic abuse (e.g. withdrawal of support, destroying household
property, deprivation of use of conjugal prop owned in common)
including:
1. threats
2. battery
3. assault
4. coercion
5. harassment
6. arbitrary deprivation of liberty

ACT 1: causing physical harm to the woman or her child

ACT 2: threatening to cause the woman or her child physical harm

ACT 3: attempting to cause the woman or her child physical harm

ACT 4: placing the woman or her child in fear of imminent physical harm

ACT 5: attempting to:

1. compel the woman or her child to engage in conduct which they have the right to desist from
2. desist from conduct which the woman or the child has the right to engage in (e.g. deprive or
threaten to deprive the woman and her child of custody or of financial support legally due)
3. restrict the woman’s or the child’s freedom of movement

ACT 6: inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions

ACT 7: causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape (e.g. prostitution) by use of force, physical harm, or intimidation directed against the
woman, the child, or her/his immediate family

ACT 8: engaging in purposeful reckless conduct causing substantial emotional or psychological distress such as:
1. stalking them in private or public spaces
2. peering in the window or lingering outside their residence
3. entering their dwelling against their will
4. destroying their property or personal belongings or inflicting harm to their animals
5. engaging in any form of harassment or violence

ACT 9: causing mental or emotional anguish, public ridicule, or humiliation including, but not limited to:
1. repeated verbal and emotional abuse
2. denial of financial support
3. denial of custody of minor child