2012 UP LAW

BAR REVIEWER

CRIMINAL
LAW
Criminal Law 1
Criminal Law 2
Dean Danilo L. Concepcion
Dean, UP College of Law

Prof. Concepcion L. Jardeleza

Associate Dean, UP College of Law

Prof. Ma. Gisella D. Reyes

Secretary, UP College of Law

Prof. Florin T. Hilbay

Faculty Adviser, UP Law Bar Operations
Commission 2012
Ramon Carlo F. Marcaida
Commissioner
Eleanor Balaquiao
Mark Xavier Oyales
Academics Committee Heads

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 CRIMINAL
LAW
A. Preliminary matters ................ 22
Criminal Law 1 1. Differentiating Felonies,
Offense,
CHAPTER I. FUNDAMENTAL Misdemeanor and Crime ..............
PRINCIPLES 22
OF CRIMINAL 1. Felonies: How
LAW .......................... 14 Committed ......... 22
A. Definition of Criminal Law ........ 2. How is Criminal
14 Liability
1. Difference between Mala in Se Incurred? ................................ 22
and 3. Discussion of Article 5 ...........
Mala Prohibita .......................... 14 23
B. Scope of Application 4. Wrongful Act Different from
and that
Characteristics of the Philippine Intended ................................ 23
Criminal Law 16 5. Omission .......................... 25
0. Generality ........................ 16 B. Classifications of Felonies .........
1. Territoriality ..................... 17 25
2. Prospectivity ..................... 19 1. According to the Manner of
3. Legality (nullum crimen Their
nulla poena sine Commission ............................. 26
lege) ....................... 20 4. 2. According to the Stages of
Strict Construction of Penal Their
Laws Against State: The Execution ............................... 26
―Doctrine of Pro 3. According to Their Gravity .....
Reo‖ ..................................... 20 26
C. Constitutional limitations on the 4. As to Count ....................... 27
power of Congress to enact 5. As to Nature ...................... 27
penal laws in the Bill of C. Elements of Criminal Liability ....
Rights .......................... 20 27
1. Equal protection ................. 1. Elements of Felonies ............
20 27
2. Due process ....................... 20 Intentional Felonies ...................
3. Non-imposition of cruel 27 D. Impossible Crimes ..................
and 31
unusual punishment or excessive E. Stages of Execution .................
fines 32 F. Conspiracy and
20 Proposal ........... 36
4. Bill of attainder .................. 20 G. Multiple Offenders ..................
5. Ex post facto law ................ 39
20 1. Recidivism......................... 40
2. Habituality (Reiteracion) .......
CHAPTER II. 40
FELONIES ..................... 22 3. Quasi-Recidivism .................
40
 CRIMINAL LAW REVIEWER

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4.
Habitual Delinquency ............ 1. Incomplete Justification
40 and
H. Complex Crimes and Exemption .............................. 52
Special 2. Under 18 Or Over 70 Years Of
Complex Crimes ........................... 40 Age
1. Complex Crimes .................. 53
41 3. No Intention to Commit So
2. Special Complex/Composite Grave A Wrong (Praeter
crimes ................................... Intentionem) ...... 53
42 4. Sufficient Provocation or
3. Continued and Continuing Threat
Crimes 54
(Delito Continuado) ................... 5. Immediate Vindication of A
42 Grave
Offense .................................. 54
CHAPTER III. CIRCUMSTANCES 6. Passion or obfuscation (Arrebato
WHICH y Obsecacion) .......................... 55
AFFECT CRIMINAL 7. Voluntary Surrender .............
LIABILITY .............. 44 56
8. Plea Of Guilt ...................... 57
A. Justifying Circumstances .......... 9. Plea to a Lesser Offense ........
44 57 10. Physical
1. Self Defense ...................... 44 Defects ............... 57
2. Defense of Relatives ............. 11. Illness ........................... 57
46 12. Analogous Mitigating
3. Defense of Strangers ............ Circumstances .......................... 58
46
4. Avoidance of a Greater Evil .... D. Aggravating
46 Circumstances ........ 58
5. Fulfillment of Duty or Lawful 1. Generic ............................ 59
Exercise of Right or office ............ 1. Taking Advantage of Public
47 6. Obedience to an order issued Office
for some lawful 59
purpose .................. 47 2. In Contempt of or With Insult
to Public
B. Exempting Circumstances .........
Authorities ............... 59 3.
48
With Insult or Lack of Regard
1. Insanity and Imbecility .......... Due to Offended Party by
49 Reason of
2. Minority............................ 49 Rank, Age or Sex ....................
3. Accident ........................... 60
50 4. Irresistible
4. Abuse of Confidence and
Force ................. 50
Obvious Ungratefulness ............
5. Uncontrollable Fear .............
61 5. Crime in Palace or in
51
Presence of the Chief
6. Insuperable or Lawful Executive ............. 62
Causes .. 51
6. Nighttime
(Nocturnidad);
C. Mitigating Circumstances ..........
51
 CRIMINAL
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Uninhabited Place 1. Instigation ........................ 76
(Despoblado); With a Band 2. Pardon ............................. 77
(Cuadrilla) ............ 62 3. Other Absolutory Causes ........
7. On Occasion of a Calamity .. 77 4. Acts Not Covered By Law
63 8. Aid of Armed Men or And In
Means to Ensure Impunity Case Of Excessive
(Auxilio de Gente Punishment ....... 77
Armada) ..............................
63 CHAPTER [Link] CRIMINALLY
9. Recidivism LIABLE/DEGREE OF
(Reincidencia) ... 64 PARTICIPATION ..... 78 A.
10. Reiteracion/Habituality ... PrincipalsError! Bookmark not
65 defined.
11. Prize, Reward or Promise . 1. By Direct
66 Participation .......... 78
12. lInundation, Fire, Poison .. 2. By
66 Inducement ................... 79
13. Evident 3. By Indispensable
Premeditation Cooperation .. 79 B.
(Premeditacion Conocida) ......... Accomplices ......................... 79
66 C. Accessories ........................... 80
14. Craft (Astucia), Fraud
(Fraude) or Disguise CHAPTER V.
(Disfraz) ..... 67 15. Superior PENALTIES .................... 83
Strength or Means to Weaken
Defense ................. 68 A. General Principles .................. 83
16. Treachery (Alevosia) ...... 69 1. Purposes ........................... 84 2.
17. Ignominy .................... 70 Classification ..................... 84
18. Unlawful Entry ............. 71 3. Duration and Effect .............. 84
19. Breaking Wall, Floor, Roof
B. Penalties which may be imposed .
71
84
20. With Aid of Persons Under
1. Scale of Principal Penalties ....
15; By Motor Vehicle ...............
84
71
2. Scale of Accessory Penalties ...
21. Cruelty ...................... 71
85
E. Alternative Circumstances ........
C. Specific Principal And Accessory
75
Penalties ................................... 86
1. Relationship ...................... 75
1. Afflictive penalties .............. 86
2. Intoxication ....................... 76
1. Reclusion
3. Degree of Instruction/
Perpetua .............. 86
Education
2. Reclusion
76
Temporal ........... 87
F. Absolutory Causes .................. 3. Prision mayor ..................
76 87 1. Correctional
 CRIMINAL LAW REVIEWER

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penalties ........... 87 1. Prision 1. Complex Crimes .................
Correccional ............. 87 104
2. Arresto Mayor .................. 87 2. Crimes Different from
3. Light penalties ................... 89 That
1. Arresto Intended ............................... 105
Menor .................... 89 3. Where the Offender Is Below
2. Public Censure ................. 18
89 4. Penalties common to Years ................................... 106
afflictive, correctional, and light
penalties .... 89 1. H. Execution and Service ............
Fine ................................ 89 107 1. Probation Law (P.D. 968,
2. Bond to Keep the Peace ........ 89 as amended) ..............................
108
D. Accessory penalties ................. 90
1. Perpetual or Temporary CHAPTER VI. MODIFICATION AND
Absolute EXTINCTION OF CRIMINAL
Disqualification ........................ 90 LIABILITY .. 113 A. Prescription of
2. Perpetual or Temporary crimes (Art. 90) . 113
Special Disqualification ............ 91 B. Prescription of penalties (Art. 92)
3. Suspension from Public Office, 114
the Right to Vote and Be Voted C. Pardon by the offended party ...
for, the Right to Practice a 115 D. Pardon by the Chief
Profession or Executive ... 115
Calling ................................... 91 E. Amnesty ............................. 115
4. Civil Interdiction .............. 91
5. Indemnification or
Confiscation of Instruments or
Proceeds of the Criminal Law 2
Offense ............................... 91
6. Payment of Costs ............. 91 Title I. Crimes against National
Perpetual or Temporary Special Security and the Law of
Disqualification ........................... 92 Nations .................. 155

E. Measures not considered A. Crimes against Security ...........

penalty 92 155
1. Article 114 – Treason ...........
F. Application .......................... 93 155
1. Indeterminate Sentence Law 2. Article 115 - Conspiracy and
(R.A. 4013, as amended) ............. Proposal to Commit Treason ........
94 156
2. The Three-fold rule ............. 3. Article 116 -
96 Misprision of
3. Subsidiary imprisonment........ Treason .................................156
97 4. Article 117 –
Espionage .........157
G. Special rules for certain
situations B. Crimes against the Law of
104 Nations
157
 CRIMINAL
LAW
1. Article 118 - Inciting to War or 9. Article 132 - Interruption of
Giving Motives for Religious
Reprisals .........157 Worship .....................161
2. Article 119 - 10. Article 133 - Offending the
Violation of Religious
Neutrality ..............................157 Feelings .....................162
3. Article 120 - Correspondence
with Hostile Title III. Crimes against Public
Country .................157 Order . 162
4. Article 121 - Flight to Enemy's
Country .................................157 A. Chapter I – Rebellion, Coup d‘etat,
5. Article 122 - Piracy in General Sedition and
and Mutiny on the High Seas or in Disloyalty ..................162
Philippine Waters .....................157 1. Article 134 -
6. Article 123 - Qualified Rebellion
Piracy .158 /Insurrection ..........................162
2. Article 134-A - Coup d‘
Title II. Crimes against État ...163
Fundamental Laws of the 3. Article 135 -
State ................................ 158 Penalty for
Rebellion, Insurrection or Coup d‘
1. Article 124 - Arbitrary État
Detention 163
158 4. Article 136 - Conspiracy and
2. Article 125 - Delay in the Proposal to Commit Coup d‘
Delivery of Detained Persons État,
to the Proper Rebellion or Insurrection ............
Judicial Authorities ...................159 164 5. Article 137 - Disloyalty of
3. Article 126 - Delaying Release Public Officers or
159 Employees ................ 164 6.
4. Article 127 – Article 138 - Inciting to Rebellion
Expulsion .........160 or Insurrection ........................ 164
5. Article 128 - Violation of 7. Article 139 - Sedition ...........
Domicile 164
160 8. Article 140 - Persons Liable
6. Article 129 - Search Warrants for
Maliciously Obtained, and Sedition ................................ 165
Abuse in the Service of Those 9. Article 141 - Conspiracy to
Legally Obtained .160 7. Commit Sedition ......................
Article 130 - Searching 165
Domicile without 10. Article 142 –
Witnesses ....................161 Inciting to
8. Article 131 - Prohibition, Sedition ................................ 165
Interruption and Dissolution
of B. Chapter II - Crimes against Popular
Peaceful Meetings ....................161
 CRIMINAL LAW REVIEWER

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Representation ........................... Utterances .............................169
166 3. Article 155 - Alarms and
1. Article 143 - Acts Tending to Scandals
Prevent the Meeting of the 169
Congress of the Philippines 4. Article 156 - Delivering Persons
and Similar Bodies from Jail ...............................170
166
2. Article 144 - Disturbance of F. Chapter VI - Evasion of Service of
Proceedings............................ 166 Sentence ..................................170 1.
3. Article 145 - Article 157 - Evasion of Service of
Violation of Sentence ...............................170
Parliamentary Immunity ............. 2. Article 158 - Evasion of Service
166 of
Sentence on the Occasion of
C. Chapter III – Illegal Assemblies and Disorders, Conflagrations,
Associations .............................. 166 Earthquakes, or Other
1. Article 146 - Illegal Assemblies Calamities ..171
166 3. Article 159 - Other Cases of
2. Article 147 - Illegal Evasion of Service of
Associations Sentence .....171
167
G. Chapter VII - Commission of
D. Chapter IV - Assault upon and Another Crime during Service of
Resistance and Disobedience to, Penalty Imposed for Another
Persons in Authority and Their Previous Offense ..........171
Agents ......... 167 1. Article 160 - Quasi Recidivism
1. Article 148 - Direct Assault .... 171
167 2. Article 152 - Persons in
Authority and Agents of H. Title IV. Crimes against Public
Persons in Authority 168 Interest ....................................171
3. Article 149 - Indirect Assault ..
168 4. Article 150 - Disobedience 1. Acts of
to Summons Issued by Congress, Counterfeitin ...........172 1.
Its Committees or Subcommittees, Article 161 - Counterfeiting
by the Constitutional the Great Seal of the
Commissions, Its Committees, Government of the Philippine
Subcommittees or Islands, Forging the Signature
Divisions ................................ 168 or Stamp of the Chief
5. Article 151 - Resistance and Executive...............................172
Disobedience to a Person in 2. Article 162 - Using Forged
Authority or the Agents of Such Signature or Counterfeit Seal
Persons ...... 168 or
Stamp ................................172
E. Chapter V - Public 3. Article 163 - Making and
Disorders .....169 1. Article 153 - Importing and Uttering False Coins
Tumults and Other 172
Disturbances of Public 4. Article 164 - Mutilation of
Order ........169 2. Article 154 - Coins .................................173 5.
Unlawful Use of Means of Publication Article 165 - Selling of False or
and Unlawful
 CRIMINAL
LAW
Mutilated Coin, Without Certificates ......................... 178
Connivance 7. Article 176 - Manufacturing
173 and Possession of
6. Article 166 - Forging Treasury Instruments or
or Bank Notes or Other Implements for Falsification .....
Documents Payable to Bearer; 179
Importing and Uttering Such
False or Forged Notes and 4. OTHER FALSITIES ................ 179
Documents ..................... 173 7. 1. Article 177 - Usurpation of
Article 167 - Counterfeiting, Authority or Official Functions .....
Importing, and Uttering 179 2. Article 178 - Using
Instruments Fictitious and Concealing True
Not Payable to Bearer ............ Name ....... 179
174 3. Article 179 - Illegal Use of
Uniforms and Insignia .............
2. Acts of Forgery .................. 174 179
1. Article 168 - Illegal Possession 4. Article 180 - False Testimony
and Use of False Treasury or Bank Against a Defendant ...............
Notes and Other Instruments of 180 5. Article 181 - False
Credit Testimony Favorable to the
174 Defendant ...... 180 6. Article
2. Article 169 - How Forgery is 182 - False Testimony in Civil
Committed ............................. 174 Cases ....................... 180
7. Article 183 - False Testimony
3. Acts of Falsification ............ in Other Cases and Perjury in
174 Solemn
1. Article 170 - Falsification of Affirmation ................180 8.
Legislative Documents ............... Article 184 - Offering False
174 2. Article 171 - Falsification Testimony in
by Public Officer, Employee or Evidence ............181
Notary or Ecclesiastical 9. Article 185 - Machinations
Minister ......... 175 3. Article 172 in
- Falsification by Private Public Auctions .....................181
Individual and Use of 10. Article 186 – Monopolies
Falsified Documents ............... and
177 4. Article 173 - Falsification Combinations in Restraint of
of Wireless, Cable, Telegraph Trade
and Telephone Messages, and 181
Use of 11. Article 187 – Importation
Said Falsified Messages ........... and Disposition of Falsely
178 5. Article 174 - False Marked Articles or
Medical Certificates, False Merchandise Made of
Certificates of Gold, Silver, or other Precious
Merits or Service, etc. ............ Metals or their
178 Alloys ..............182
6. Article 175 - Using False
 CRIMINAL LAW REVIEWER

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Title V. Crimes Relative to Opium
and A. Chapter I: Preliminary Provisions
Other Prohibited 189
Drugs .................. 182 A. Acts
Punished: ......................182 B. B. Chapter II: Malfeasance
Penalties for Unlawful and
Acts: .....182 C. Definition of Misfeasance in Office ...................
Important Terms ...183 189 1. Article 204 - Knowingly
Rendering
D. Other Important Points ...........183
Unjust Judgment ..................... 189
Title VI. Crimes against Public 2. Article 205 - Judgment
Morals 184 Rendered Through
Negligence .................. 189
CHAPTER I: Gambling and 3. Article 206 - Unjust
Betting .....184 Interlocutory
Order ................................... 190
A. Chapter I - Gambling and 4. Article 207 - Malicious Delay in
Betting the Administration of Justice .......
184 190 5. Article 208 - Prosecution of
1. Article 195 - What Acts Are Offenses; Negligence and
Punishable in Tolerance
Gambling ..............184 2. Article 190
196 - Importation, Sale and 6. Article 209 – Betrayal of
Possession of Lottery Tickets or Trust by an Attorney or a
Advertisements ........................18 Solicitor – Revelation of
5 3. Article 197 – Betting in Sports Secrets ..............................
contents ................................185 190
4. Article 198 - Illegal Betting on 7. Article 210 - Direct
Horse Race .............................185 Bribery.... 191
5. Article 199 (as amended by 8. Article 211 - Indirect Bribery
PD . 191
449) 186 9. Article 211-A - Qualified
Bribery
B. Chapter II. Offenses 192
against 10. Article 212 - Corruption of
Decency and Good Public Officials ........................ 192
Customs ............186
0.........................................186 C. Chapter III: Frauds and Illegal
[Link] 200 - Grave Exactions and Transactions ............
Scandal ...186 2. Article 201 - 192
Immoral Doctrines, Obscene 1. Article 213 - Fraud against
Publications and Exhibitions and the
Indecent Shows ..................186 Public Treasury and Similar
3. Article 202 - Vagrancy and Offenses
Prostitution ............................187 192
2. Article 214 - Other Frauds .....
Title VII. Crimes Committed by 193
Public 3. Article 215 -
Officers ..................................... Prohibited
188
 CRIMINAL
LAW
Transactions ........................... 193 5. Article 227 - Officer Breaking
4. Article 216 - Possession of Seal 197
Prohibited Interest by a Public 6. Article 228 - Opening of Closed
Officer Documents .............................197
194 7. Article 229 - Revelation of
Secrets by an Officer .................197
D. Chapter IV: Malversation of 8. Article 230 - Public Officers
Public Revealing Secrets of Private
Funds or Property ....................... 194 Individuals .............................198
1. Article 217 - Malversation of
Public Funds or Property - F. Chapter VI: Other Offenses or
Presumption of Malversation ........ Irregularities by Public Officers .......198
194 1. Article 231 - Open
2. Article 218 - Failure of Disobedience
Accountable Officer to 198
Render 2. Article 232 - Disobedience to
Accounts ............................... 195 the Order of Superior Officer
3. Article 219 - Failure of a When Said Order Was
Responsible Public Officer to Suspended by Inferior
Render Officer ..................................198
Accounts Before Leaving the 3. Article 233 - Refusal of
Country Assistance
195 198
4. Article 220 - Illegal Use of 4. Article 234 - Refusal to
Public Discharge
Funds or Property .....................195 Elective Office ........................198
5. Article 221 - Failure to Make 5. Article 235 - Maltreatment of
Delivery of Public Funds or Property Prisoners ...............................199
196 6. Article 236 - Anticipation of
6. Article 222 - Officers Included Duties of a Public Officer ............199
in the Preceding 7. Article 237 -
Provisions .............196 Prolonging
Performance of Duties and
E. Chapter V: Infidelity of Public Powers .199
Officers ....................................196 8. Article 238 - Abandonment of
1. Article 223 - Conniving With Office or Position .....................
or 199
Consenting to Evasion ................196 9. Article 239 - Usurpation of
2. Article 224 - Evasion through Legislative Powers ....................
Negligence .............................196 3. 199
Article 225 - Escape of Prisoner 10. Article 240 - Usurpation of
under the Custody of a Person Not a Executive Functions ..................
Public Officer ..........................196 200
4. Article 226 - Removal, 11. Article 241 - Usurpation of
Concealment, or Destruction of Judicial Functions .................... 200
Documents .............................197
 CRIMINAL LAW REVIEWER

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12. Article 242 - 13. Article 258 -
Disobeying Abortion
Request for Disqualification ........ Practiced by the Woman Herself or
200 13. Article 243 - Orders or by
Request by Executive Officer to Parents ................................. 206
Any Judicial 14. Article 259 - Abortion by a
Authority ............................... 200 Physician or Midwife and
14. Article 244 - Dispensing of
Unlawful Abortives ............................... 206
Appointments ......................... 200 15. Article 260 - Responsibility
15. Article 245 - Abuses against of
Chastity ................................ 200 Participants in a Duel ................
206
Title VIII. Crimes against 16. Article 261 - Challenging to
Persons ...... 201 a Duel 206

A. Chapter I: Destruction of Life.... B. Chapter II: Physical

201 Injuries ......207
1. Article 246 - Parricide ......... 1. Article 262 -
201 Mutilation ........207
2. Article 247 - Death or Physical 2. Article 263 - Serious Physical
Injuries Under Exceptional Injuries .................................207
Circumstances ......................... 3. Article 264 -
202 Administering
3. Article 248 - Murder ............ Injurious Substances or
202 Beverages .207 4. Article 265 -
4. Article 249 - Homicide ......... Less Serious Physical
203 Injuries .................................208
5. Article 250 - Penalty for 5. Article 266 - Slight Physical
Frustrated Parricide, Murder or Injuries and
Homicide ............................... 204 Maltreatment ...........208
6. Article 251 - Death Caused in 6. Article 266-A - Rape
Tumultuous Affray .................... (amended by
204 7. Article 252 - Physical RA 8353) ................................208
Injuries Caused in Tumultuous
Affray ....... 204 Title IX. Crimes against Personal
8. Article 253 - Giving Liberty and
Assistance to Security ............................... 212
Suicide ................................. 204
9. Article 254 - A. Chapter I: Crimes against Liberty
Discharge of 212
Firearms ............................... 204 1. Article 267 - Kidnapping and
10. Article 255 - Infanticide .... Serious Illegal
205 Detention .............212
11. Article 256 - 2. Article 268 - Slight
Intentional Illegal
Abortion ................................ 205 Detention ..............................214
12. Article 257 - Unintentional 3. Article 269 - Unlawful
Abortion ................................ 205 Arrest ..214
 CRIMINAL
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4. Article 270 - Kidnapping and 219
Failure to Return a 13. Article 288 - Other Similar
Minor ............214 5. Article 271 - Coercions .............................. 220
Inducing a Minor to Abandon His 14. Article 289 - Formation,
Home ....................215 Maintenance, and
6. Article 272 - Slavery ............215 Prohibition of Combination
7. Article 273 - Exploitation of of Capital or Labor through
Child Violence or Threats ........
Labor ...................................215 220
8. Article 274 - Services Rendered
Under Compulsion in Payment of C. Chapter III: Discovery and
Debt Revelation of Secrets ...................
215 220 1. Article 290 - Discovering
Secrets through Seizure of
B. Chapter II: Crimes against Security Correspondence 220 2. Article 291
216 - Revealing Secrets with Abuse of
1. Article 275 - Abandonment of Office ................. 221
Persons in Danger and 3. Article 292 - Revelation of
Abandonment of Own Industrial Secrets .....................
Victim .........................216 221
2. Article 276 - Abandoning a
Minor Title X. Crimes against
216 Property ....... 222
3. Article 277 - Abandonment of
A. Chapter I: Robbery in General ...
Minor by Person Entrusted
222
With
1. Article 293 - Who Are Guilty of
Custody; Indifference of
Parents ...216 Robbery ................................ 222
4. Article 278 - Exploitation of 2. Article 294 - With Violence or
Minors ..................................216 5. Intimidation of Persons ..............
Article 280 - Qualified Trespass to 223
Dwelling ................................217 3. Article 295 - Robbery with
Physical Injuries, in an
6. Article 281 - Other Forms of
Uninhabited Place and by a
Trespass ................................218
Band .................. 223 4.
7. Article 282 - Grave
Article 296 - Definition of a
Threats ....218
Band and Penalty Incurred by
8. Article 283 - Light
the Members
Threats .....218
Thereof................................. 224
9. Article 284 - Bond for Good
5. Article 297 - Attempted and
Behavior ................................219
Frustrated Robbery with
10. Article 285 – Other Light Homicide 224 6. Article 298 -
Threats ................................. 219 Execution of Deeds through
11. Article 286 - Grave Violence or Intimidation ... 224
Coercions 7. Article 299 - Robbery in an
219 Inhabited House or Public
12. Article 287 - Light Coercions Building or
 CRIMINAL LAW REVIEWER

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Edifice Devoted to Worship ......... Insolvency ..............................230
224
8. Article 300 – Robbery in an F. Chapter 6: Swindling and Other
Uninhabited Place and by a Band .. Deceits ....................................230
226 1. Article 315 - Estafa .............230
9. Article 302 - In an a. With Unfaithfulness or Abuse
Uninhabited of Confidence (315 par. 1(a) (b)
Place or Private Building ............ (c)) ..231 b. Estafa by Means of
226 False Pretenses or Fraudulent
10. Article 303 - Robbery of Acts (315 par. 2(a) (b)
Cereals, Fruits or Firewood (c) (d) (e); BP22): .....................233
in an c. Through Other Fraudulent Means
Inhabited Place or Private Building (315 Par 3 (a) (b) (c)) ................235
226 2. Article 316 - Other Forms of
11. Article 304 - Possession of Swindling and Deceits ................236
Picklock or Similar Tools .............226 3. Article 317 - Swindling of a
12. Article 305 - Defines False Minor
Keys 237
226 4. Article 318 - Other
Deceits ....237
B. Chapter 2: Brigandage (Articles 306-
307) 226 G. Chapter 7: Chattel
1. Article 306 - Who Are Brigands226 Mortgage .....237
2. Article 307 - Aiding and Abetting a 1. Article 319 - Removal, Sale, or
Band of Brigands ....................227 Pledge of Mortgaged Property ......
237
C. Chapter 3: Theft ...................227
1. Article 308 - Who Are Liable for H. Chapter 8: Arson and Other
Theft ....................................227 Crimes
2. Article 309 - Penalties ..........228 Involving Destruction....................
3. Article 310 - Qualified 238
Theft ..228
4. Article 311 - Theft of the I. Chapter 9: Malicious Mischief ....
Property of the National Library 239
and 1. Article 327 - Who Are
National Museum ......................230 Responsible
239
D. Chapter 4: Usurpation .............230 2. Article 328 - Special Cases of
1. Article 312 - Occupation of Real Malicious Mischief ....................
Property or Usurpation of Real 239
Rights in 3. Article 329 - Other Mischiefs ..
Property .............................230 2. 239
Article 313 - Altering Boundaries 4. Article 330 - Damage and
or Landmarks ..........................230 Obstruction to Means of
Communication .......................
E. Chapter 5: Culpable 239
Insolvency ..230 5. Article 331 – Destroying or
1. Article 314 - Damaging Statues, Public
Fraudulent Monuments or
 CRIMINAL
LAW
Paintings ............................ 13. Article 345: Civil Liability ..
239 249
14. Article 346 – Liability of
J. Chapter 10: Exemption from ascendants, guardians,
Criminal Liability ........................ 239 teachers and other persons
1. Article 332 - Exemption from entrusted with the custody
Criminal Liability in Crimes Against of the offended
Property ................................ 239 party ......249

Title XI. Crimes against Title XII. Crimes against the Civil
Chastity ....... 242 Status of
1. Article 333 - Adultery .......... Persons ..................................
242 250
2. Article 334 - 1. Article 349 - Bigamy ............251
Concubinage ..... 242 2. Article 350 - Marriage
3. Article 335 – Rape .............. Contracted against Provisions of
243 Laws ...........251
4. Article 336 - Acts 3. Article 351 - Premature
of Marriage
Lasciviousness ......................... 251
243 4. Article 352 - Performance of
5. Article 337 - Qualified Illegal Marriage
Seduction Ceremony ...........251
244
6. Article 338 - Simple Title XIII. Crimes against
Seduction 245 Honor ........ 253
7. Article 339 - Acts
of A. Chapter I: Libel ....................253
Lasciviousness with the Consent of 1. Article 353 - Definition of Libel
the Offended Party ........................ 253
245 2. Article 354 - Requirement for
8. Article 340 - Corruption of Publicity ................................254
Minors 3. Article 355 - Libel by Writing or
246 Similar Means ..........................254
9. Article 341 - White Slave 4. Article 356 - Threatening to
Trade Publish and Offer to Prevent
246 Such
10. Article 342 - Publication for a
Forcible Compensation ....254
Abduction .............................. 246 5. Article 357 -
11. Article 343 - Prohibited
Consented Publication of Acts Referred to in
Abduction .............................. 247 the Course of Official Proceedings
12. Article 344 - Prosecution of (Gag Law) 255
Private Offenses ...................... 6. Article 358 -
248 Slander ............255
 CRIMINAL LAW REVIEWER

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7. Article 359 - Slander by
Deed .255 8. Article 360 -
Persons Responsible for
Libel ................................255
9. Article 361 - Proof of
Truth ...256
10. Article 362 - Libelous
Remarks
256

B. Chapter II: Incriminatory

Machinations..............................256
1. Article 363 - Incriminating
innocent
person .......................256
2. Article 364 - Intriguing against
Honor ...................................256

Title XIV. Quasi-

Offenses ................ 259
1. Article 365 - Imprudence and
Negligence .............................259
 CRIMINAL LAW REVIEWER

13

2012 UP L AW
BAR REVIEWER

CRIMINAL
LAW
Criminal Law 1
BAR OPERATIONS COMMISSION 2012 Miranda (D) |Special Lectures
Patricia Madarang • Marinella Felizmenio |
EXECUTIVE COMMITTEE Secretariat
Ramon Carlo Marcaida |Commissioner Victoria Caranay |Publicity and Promotions
Raymond Velasco • Mara Kriska Chen |Deputy Commissioners Loraine Saguinsin • Ma. Luz Baldueza |
Barbie Kaye Perez |Secretary Marketing
Carmen Cecilia Veneracion |Treasurer Benjamin Joseph Geronimo • Jose Lacas |
Hazel Angeline Abenoja|Auditor Logistics
Angelo Bernard Ngo • Annalee Toda|HR
COMMITTEE HEADS Anne Janelle Yu • Alyssa Carmelli Castillo |
Eleanor Balaquiao • Mark Xavier Oyales | Acads Merchandise
Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Graciello Timothy Reyes |Layout
 Charmaine Sto. Domingo •
CRIMINAL LAW Katrina Maniquis |Mock Bar CHAPTER I.
Krizel Malabanan • Karren de
Criminal Law 1 I. Fundamental Principles of Chavez |Bar Candidates’ Welfare FUNDAMENTAL
Criminal Law 2 Criminal Law
II. Felonies
Karina Kirstie Paola Ayco • Ma. PRINCIPLES OF
Ara Garcia |Events
III. Circumstances which CRIMINAL LAW
affect OPERATIONS HEADS A. DEFINITION OF CRIMINAL
criminal liability Charles Icasiano • Katrina Rivera | LAW
IV. Persons criminally Hotel Operations B. SCOPE OF APPLICATION
liable/Degree of participation Marijo Alcala • Marian Salanguit | AND CHARACTERISTICS
V. Penalties Day-Operations C. CONSTITUTIONAL
VI. Modification and extinction Jauhari Azis |Night-Operations LIMITATIONS
of criminal Vivienne Villanueva • Charlaine
Latorre |Food A. Definition of
Kris Francisco Rimban • Elvin Salindo |Transpo
Paula Plaza |Linkages
Criminal Law
Criminal law is that branch of
public substantive law which
defines crimes, treats of their
nature, and provides for their
punishment.

1. Difference
between Mala in Se
UP LAW BAR OPERATIONS COMMISSION and Mala Prohibita
CRIMINAL LAW TEAM 2012 (ASKED TWICE IN BAR
Faculty Editor | Prof. Jay EXAMS)
Batongbacal Subject Heads | Camille Umali • Charmaine Sto.
Mala in
Domingo Se P
As to nature Wrong from Wro
LAYOUT TEAM 2012 its very bec
Layout Artists | Alyanna nature. proh
law
Apacible • Noel Luciano • RM
As to use of GF a valid GF
Meneses • Jenin Velasquez • good faith as defense, defe
Mara Villegas • Naomi defense unless the
Quimpo • Leslie Octaviano • crime is the
result of
Yas Refran • Cris Bernardino
culpa
Layout Head| Graciello As to WON Criminal Crim
Timothy Reyes criminal intent is an inte
intent is an element. imm
element BUT

Criminal Law 1
requ
inte
volu
As to degree Degree of
of accomplish
accomplishm
REVISED PENAL CODE/SPECIAL ent
LAWS, PRESIDENTIAL DECREES, of crime ment is
AND EXECUTIVE ORDERS taken into
account for
the
A. Book 1 (Articles 1-99, RPC, excluding punishment.
provisions on civil
liability), including related Special
Laws
 CRIMINAL LAW REVIEWER

21
crim Precisely because the crimes
constituting plunder are
e mala in se the element of
only mens rea must be proven in
whe a prosecution for plunder.
n
i. While intentional
cons felonies are always mala in
u se, it does not follow that
mma prohibited acts done in
violation of special laws are
t ed.
always mala
As to They are They are not prohibita.
mitigating taken into taken into
and account in account. ii. Even if the crime is
aggravating imposing punished under a special law,
circumstance penalty if the act punished is one
s which is inherently wrong,
As to degree When there Degree of the same is malum in se,
of is more participation and, therefore, good faith
participation than one is generally and the lack of criminal
offender, not taken into intent are valid defenses;
the degree account. All unless it is the product of
who criminal negligence or culpa.
of
participated in
participatio
the act are Likewise when the special laws
n of each in
punished to require that the punished act
the
the same be committed knowingly and
commission
extent. willfully, criminal intent is
is taken into
required to be proved before
account.
criminal liability may arise.
As to stage of Penalty is Penalty on
accomplishm computed offenders is Note: Where malice is a factor,
ent on the basis same whether good faith is a defense.
of whether they acted as
he is a mere CRIMINAL LAW VS. CRIMINAL
principal accomplices PROCEDURE
offender or or accessories
Criminal Law Criminal P
merely an
It is substantive. It is remedia
accomplice
or
accessory Prospective in
application.
As to what Generally, Generally,
laws are the RPC. special laws. Exception: If it is Retroactive
violated favorable to the application.
accused.
Note:
• Dolo is not required in crimes mala prohibita. Exception To The
• In those crimes which are mala prohibita, the act alone irrespective Exception:
of its motives, constitutes the offense. [Link] the accused
• Good faith and absence of criminal intent are not valid defenses in is a habitual
crimes mala prohibita. delinquent. (Art.
22)
Estrada v. Sandiganbayan (2001): Estrada is challenging the [Link] the new law
plunder law. One of the issues he raised is whether plunder is a malum expressly made
prohibitum or malum in se. inapplicable to
pending actions or
Held: Plunder is a malum in se which requires proof of criminal intent. existing causes of
actions. (Tavera v.
Valdez)
 May be promulgated Art. 10, RPC. Offenses not
Statutory; it is passed by the Legislature (e.g. subject to the provisions
by the Legislature. jurisdiction of courts) of this Code. – Offenses
or the Judiciary (e.g. which are or in the future
Rules of Court) may be punishable under
special laws are not
subject to the provisions
STATE AUTHORITY TO PUNISH CRIME (ASKED ONCE
of this Code. This Code
IN BAR EXAMS)
shall be supplementary to
such laws, unless the
Art. II, Sec. 5 (1987 Constitution) Declaration of Principles and State latter should specially
Policies. The maintenance of peace and order, the protection of life, liberty provide the contrary.
and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
General Rule: RPC provisions
SOURCES OF CRIMINAL LAW supplement the provisions of
special laws.
a. The Revised Penal Code (Act No. 3815) - Created pursuant to
Administrative Order No. 94; enacted January 1, 1932; based on Exceptions:
the Spanish Penal Code, US Penal Code, and Phil. Supreme Court (1) Where the special law
decisions. provides otherwise
b. Special penal laws and penal Presidential Decrees issued during (Art.10)
Martial Law. (2) When the provisions of
the Code are impossible of
PENAL LEGISLATION application, either by
express provision or by
a. Schools of Thought (ASKED ONCE IN BAR necessary implication, as
EXAMS) (PUCE) in those instances where
the provisions in question
(1) Utilitarian Theory are peculiar to
Primary purpose: Protection of society from actual or potential wrongdoers. the Code. (Regalado, Criminal
Law Prospectus)
(2) Classical Theory Primary purpose: Retribution.

Basis of criminal liability: Human free will. Endeavored to establish Ladonga v People (2005):
a mechanical and direct proportion between crime and penalty; Spouses Ladonga were convicted
there is scant regard to human element. by the RTC for

(3) Positivist Theory

Primary purpose: Reformation; prevention/ correction.

Basis of criminal liability: The sum of the social, natural and

economic phenomena to which the actor is exposed.

(4) Eclectic/Mixed
Combines both positivist and classical thinking.

Crimes that are economic and social by nature should be dealt with
in a positivist manner; thus, the law is more compassionate.

Heinous crimes should be dealt with in a classical manner; thus, capital

punishment.

Note: The Revised Penal Code today follows the mixed or eclectic
philosophy. For example:
• Intoxication of the offender is considered to mitigate his criminal
liability, unless it is
intentional or habitual;
• Age of the offender is considered;
• A woman who killed her child to conceal her dishonor has in her favor a
mitigating circumstance.

RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY

APPLICATION OF RPC
 CRIMINAL LAW REVIEWER

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violation of B.P. Blg. 22 (3 counts). The B. Scope of Application and
husband applied for probation while the
wife appealed arguing that the RTC erred in
Characteristics of the
finding her criminally liable for conspiring Philippine Criminal Law
with her husband as the principle of 1. GENERALITY (WHO?)
conspiracy is inapplicable to B.P. Blg. 22 2. TERRITORIALITY (WHERE?)
which is a special law. 3. PROSPECTIVITY (WHEN?)

Held:
Criminal law has three (3) characteristics:
1. B.P. Blg. 22 does not expressly prescribe General, Territorial, and Prospective.
the suppletory application of the
provisions of the RPC.
2. Thus, in the absence of contrary 1. Generality
provision in B.P. Blg. 22, the general
provisions of the RPC which, by their General Rule:
nature, are necessarily applicable, may Art. 14, NCC. The penal law of the country is
be applied suppletorily. binding on all persons who live or sojourn in
3. The court cited the case of Yu vs. Philippine territory, subject to the principles of
People, where the provisions on public international law and to treaty
subsidiary imprisonment under Art. 39 stipulations.
of the RPC to B.P. Blg. 22 was applied
suppletorily. Limitations:
Art. 2, RPC. ―Except as provided in the
treaties or laws of preferential application xxx‖
People vs. Rodriguez (1960):
It was held that a violation of a special law a. Treaty Stipulations
can never absorb a crime punishable under
the Revised Penal Code, because violations Examples:
of the Revised Penal Code are more serious • Bases Agreement entered into by the
than a violation of a special law. Philippines and the US on Mar. 14, 1947
and expired on Sept. 16, 1991.
But a crime in the Revised Penal Code can • Visiting Forces Agreement (VFA)2
absorb a crime punishable by a special law if signed on Feb. 10, 1998.
it is a necessary ingredient of the felony Article V
defined in the
Criminal Jurisdiction
Code.
1. Subject to the provisions of this article:
People vs. Martinada:
The crime of cattle-rustling is not malum
(a) Philippine authorities shall have
prohibitum but a modification of the crime of
jurisdiction over United States personnel with
theft of large cattle.
respect to offenses committed within the
Philippines and punishable under the law of
So Presidential Decree No. 533, punishing the Philippines.
cattlerustling, is not a special law, but a law
amending provisions of the RPC (Arts. 309
(b) United States military authorities shall
and 310).
have the right to exercise within the
Philippines all criminal and disciplinary
It can absorb the crime of murder. If in the jurisdiction conferred on them by the military
course of cattle rustling, murder was law of the United States over United States
committed, the offender cannot be personnel in the Philippines.
prosecuted for murder.
2. (a) Philippine authorities exercise exclusive
Note: Murder would be a qualifying jurisdiction over United States personnel with
circumstance in the crime of qualified cattle respect to offenses, including offenses relating
rustling.1 to the security of the Philippines, punishable
under the laws of the Philippines, but not
under the laws of the United States.

1 Sec. 8, P.D. No. 533

2 Take note of Art. V, which defines criminal jurisdiction over United States military and civilian personnel temporarily in the
Philippines in connection with activities approved by the Philippine Government.
 CRIMINAL LAW REVIEWER

24
Philippine authorities receive the United
(b) United States authorities exercise States request.
exclusive jurisdiction over United States
personnel with respect to offenses, including (e) When the United States military
offenses relating to the security of the United commander determines that an offense
States, punishable under the laws of the charged by authorities of the Philippines
United States, but not under the laws of the against United States personnel arises out of
Philippines. an act or omission done in the performance
of official duty, the commander will issue a
(c) For the purposes of this paragraph and certificate setting forth such determination.
This certificate will be transmitted to the
paragraph 3 of this article, an offense relating
appropriate authorities of the Philippines and
to security means:
will constitute sufficient proof of
performance of official duty for the purposes
(1) treason; of paragraph 3(b)(2) of this article. In those
cases where the Government of the
(2) sabotage, espionage or violation of any law Philippines believes the circumstances of the
relating to national defense. case require a review of the duty certificate,
United States military authorities and
3. In cases where the right to exercise Philippine authorities shall consult
jurisdiction is concurrent, the following rules immediately. Philippine authorities at the
shall apply: highest levels may also present any
information bearing on its validity. United
States military authorities shall take full
account of the Philippine position. Where
appropriate, United States military
(a) Philippine authorities shall have the authorities will take disciplinary or other
primary right to exercise jurisdiction over all action against offenders in official duty
offenses committed by United States cases, and notify the Government of the
personnel, except in cases provided for in Philippines of the actions taken.
paragraphs l (b), 2 (b), and 3 (b) of this
Article. (f) If the government having the primary
right does not exercise jurisdiction, it shall
(b) United States military authorities shall notify the authorities of the other
have the primary right to exercise government as soon as possible.
jurisdiction over United States personnel
subject to the military law of the United (g) The authorities of the Philippines and
States in relation to: the

(1) offenses solely against the property or

security of the United States or offenses
solely against the property or person of
United States personnel; and

(2) offenses arising out of any act or

omission done in performance of official duty.

(c) The authorities of either government

may request the authorities of the other
government to waive their primary right to
exercise jurisdiction in a particular case.

(d) Recognizing the responsibility of the

United States military authorities to maintain
good order and discipline among their
forces, Philippine authorities will, upon
request by the United States, waive their
primary right to exercise jurisdiction except
in cases of particular importance to the
Philippines. If the Government of the
Philippines determines that the case is of
particular importance, it shall communicate
such determination to the United States
authorities within twenty (20) days after the
 CRIMINAL LAW REVIEWER
United States shall notify each other of the
disposition of all cases in which both the
authorities of the Philippines and the United
States have the right to exercise jurisdiction.
25
b. Laws of Preferential Application The following persons are exempt from the
provisions of the RPC: (1) Sovereigns and other
Examples: heads of state
• Members of Congress are not liable for libel (2) Ambassadors, ministers, plenipotentiary,
or slander for any speech in Congress or in minister resident and charges d‘ affaires.
any committee thereof. (Sec. 11, Art. VI, (Article 31, Vienna Convention on
1987 Constitution) Diplomatic Relations)
Note: Consuls and consular officers are
• Any ambassador or public minister of any
NOT exempt from local prosecution. (See
foreign State, authorized and received as
Article 41, Vienna Convention on Consular
such by the President, or any domestic or
Relations)
domestic servant of any such ambassador
or minister are exempt from arrest and
imprisonment and whose properties are Public vessels of a friendly foreign power are
exempt from distraint, seizure and not subject to local jurisdiction.
attachment.3 (R.A. No. 75)
Note: Generality has NO reference to
• Warship Rule – A warship of another
territoriality.
country, even though docked in the
Philippines, is considered an extension of
the territory of its respective country. This 2. Territoriality
Art. 14, NCC. ―xxx subject to the principles of GENERAL RULE: Penal laws of the country
public international law and to treaty have force and effect only within its territory.
stipulations.‖
also applies to embassies.  It cannot penalize crimes committed
outside its territory.
c. Principles of Public International  The territory of the country is not limited to
Law the land where its sovereignty resides but
includes also its maritime and interior
waters as well as its atmosphere. (Art. 2,
RPC)

(1) Terrestrial jurisdiction is the jurisdiction

exercised over land. (a) Par. 1: Crimes committed aboard
(2) Fluvial jurisdiction is the jurisdiction Philippine ship or airship: The RPC
exercised over maritime and interior is applied to Philippine vessels5 if the crime
waters. is committed while the ship is treading:
(3) Aerial jurisdiction is the jurisdiction i. Philippine waters (intraterritorial), or ii.
exercised over the atmosphere. The high seas i.e. waters NOT under the
jurisdiction of any State (extraterritorial)

EXCEPTIONS Two rules as to jurisdiction over crimes

(1) Extraterritorial crimes, which are punishable committed aboard merchant vessels while
even if committed outside the Philippine in the territorial waters of another country
territory (Art. 2, RPC) (ASKED 4 TIMES IN (i.e. a foreign vessel treading Philippine
BAR EXAMS) waters OR Philippine vessels treading
foreign waters):
Art. 2 embraces two scopes of applications:
i. FRENCH RULE: It is the flag or
General rule - Intraterritorial refers to the nationality of the vessel which
application of the RPC within the Philippine determines jurisdiction UNLESS the
territory (land, air and water). crime violates the peace and order
of the host country.
Exception - Extraterritorial4 refers to the ii. ENGLISH RULE: the location or
application of the Revised Penal Code outside situs of the crime determines
the Philippine territory. jurisdiction UNLESS the crime

3 R.A. No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the
immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the
Philippines
4 R.A. 9327 (The Human Security Act) contains provisions for extraterritorial application. 5 The country of registry determines the
nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel registered in China must fly the Chinese flag.
 CRIMINAL LAW REVIEWER

26
merely relates to internal (c) Par. 3: Should introduce into the
management of the vessel. country the above-mentioned
obligations and securities.
The Philippines adheres to the ENGLISH
RULE. i. The reason for this provision is that
the introduction of forged or
However, these rules are NOT applicable if counterfeited obligations and
the vessel is on the high seas when the securities into the Philippines is as
crime was committed. In these cases, the dangerous as the forging or
laws of the nationality of the ship will counterfeiting of the same, to the
always apply. economical interest of the country.

When the crime is committed in a war (d) Par. 4: When public officers or
vessel of a foreign country, the nationality employees commit an offense in
of the vessel will always determine the exercise of their functions.
jurisdiction because war vessels are part of
the sovereignty of the country to whose Crime committed pertains to the exercise of the
naval force they belong. public official’s functions:

International Theories on Aerial The crimes which may be committed are:

Jurisdiction i. Direct bribery (A.210)
i. Free Zone Theory ii. Qualified Bribery (A. 211-A)
The atmosphere over the country is iii. Indirect bribery (A.211)
free and not subject to the iv. Corruption (A.212)
jurisdiction of the subjacent state, v. Frauds against the public treasury
except for the protection of its (A.213) vi. Possession of prohibited
national security and public order. interest (A.216)
vii. Malversation of public funds or
ii. Relative Theory property
The subjacent state exercises (A. 217) viii. Failure to render
jurisdiction over the atmosphere accounts (A.218) ix. Illegal
only to the extent that it can use of public funds or property
effectively exercise control thereof. (A.220)
x. Failure to make delivery of public
iii. Absolute Theory funds or property (A.221)
The subjacent state has complete xi. Falsification by a public officer or
jurisdiction over the atmosphere employee committed with abuse of
above it subject only to the his official position (A.171)
innocent passage by aircraft of a xii. Those having to do with the
foreign country. discharge of their duties in a
foreign country.
Under this theory, if the crime is
committed in an aircraft, no The functions contemplated are those, which
matter how high, as long as it are, under the law:
can be established that it is within i. to be performed by the public
the Philippine atmosphere, officer;
Philippine criminal law5 will govern. ii. in the foreign service of the Phil.
government;
Note: The Philippines adopts this theory. iii. in a foreign country.

(b) Par. 2: Forging/Counterfeiting and (e) Par. 5: Commit any of the crimes
Coins or Currency Notes in the against national security and the
Philippines law of nations,
(Title One, Book 2, RPC)
i. Forgery is committed abroad, and ii. It
refers only to Philippine coin, currency Crimes against national security:
note, obligations and securities. i. Treason (A.114)
ii. Conspiracy and proposal to commit
treason (A.115)
iii. Misprision of treason (A.116)

5 See Anti-Hijacking Law, (Other part of the reviewer)

 CRIMINAL LAW REVIEWER

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iv. Espionage (A.117) Effects of repeal of penal law
(1) If the repeal makes the penalty lighter in
Crimes against the law of nations: the new law,
i. Inciting to war or giving motives for (a) The new law shall be applied,
reprisals (A.118) (b) EXCEPT when the offender is a habitual
ii. Violation of neutrality (A.119) delinquent or when the new law is
iii. Correspondence with hostile made not applicable to pending action
country or existing causes of action.
(A.120) iv. Flight to
enemy‘s country (A.121) (2) If the new law imposes a heavier penalty
v. Piracy in general and mutiny on the (a) Law in force at the time of the
high seas or in Philippine waters commission of the offense shall be
(A.122) applied.

Note: (3) If the new law totally repeals the existing

Crimes against public order (e.g., rebellion, law so that the act which was penalized
coup d‘etat, sedition) committed abroad is under the old
under the jurisdiction of the host country. law is no longer punishable,
(a) The crime is
Terrorism is now classified as a crime against obliterated.
national security and the law of nations. (See (b) Pending cases are dismissed.
R.A. 9372, otherwise known as Human Security (c) Unserved penalties imposed are
Act of 2007). remitted.

(4) Rule of prospectivity also applies to judicial

3. Prospectivity decisions,6 administrative rulings and
circulars.
GENERAL RULE: Acts or omissions will only be
subject to a penal law if they are committed
Co vs. CA, (1993): In this case, Circular No.
AFTER a penal law has taken effect.
4 of the Ministry of Justice, dated December,
15, 1981, provided that ―where the check is
Conversely, acts or omissions which have been issued as part of an arrangement to
committed before the effectivity of a penal law guarantee or secure the payment of an
could not be penalized by such penal law. obligation, whether preexisting or not, the
drawer is not criminally liable
EXCEPTION: for either estafa or violation of B.P. 22.‖
Art. 22 RPC. Penal laws shall have a
retroactive effect, insofar as they favor the Subsequently, the administrative interpretation
person guilty of a felony who is not a habitual was reversed in Circular No. 12, issued on
criminal, as this term is defined in Rule 5 of August 8, 1984, such that the claim that the
Article 62 of this Code, although at the time of check was issued as a guarantee or part of an
the publication of such laws a final sentence arrangement to secure an obligation or to
has been pronounced and the convict is serving facilitate collection, is no longer a valid defense
the same. for the prosecution under B.P. 22.

Art. 62(5) RPC. xxx For the purpose of this Hence, it was ruled that under the new circular,
article, a person shall be deemed to be a a check issued merely to guarantee the
habitual delinquent, if within a period of 10 performance of an obligation is covered by B.P.
years from the date of his release or last 22 [Que vs.
conviction of the crimes of serious or less People].
serious physical injuries, robo(robbery),
hurto(theft), estafa, or falsification, he is found However, consistent with the principle of
guilty of any crimes a third time or oftener. prospectivity, the new doctrine should not
apply to parties who had relied on the old
EXCEPTION TO THE EXCEPTION: Circular and acted on the faith thereof. No
(1) The new law is expressly made inapplicable retrospective effect.
to pending actions or existing cause of
actions; or Rationale for the prospectivity
(2) The offender is a habitual criminal. rule: the punishability of an act must

6 Art. 8, Civil Code

 CRIMINAL LAW REVIEWER

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be reasonably known for the guidance of C. Constitutional limitations
society [citing Peo v. Jabinal].
on the power of Congress
[NOTE: The SC outline does not include to enact penal laws in the
the next Bill of Rights
two characteristics.]
(i) Equal protection
4. Legality (nullum crimen (ii) Due process
nulla (iii)Non-imposition of cruel and unusual
poena sine lege) punishment or excessive fines (iv) Bill
of attainder
Art. 21. No felony shall be punishable by any (v) Ex post facto law
penalty not prescribed by law prior to its
commission.
1. Equal protection
There is no crime when there is no law
Article III, Section 1, 1987 Const. No
punishing the same.
person shall be deprived of life, liberty, or
property without due process of law, nor shall
Limitation: any person be denied the equal protection of
Not every law punishing an act or omission the laws.
may be valid as a criminal law. If the law
punishing an act is ambiguous, it is null and
void. 2. Due process
Art. III, Sec. 14 (1), 1987 Const. No person
shall be held to answer for a criminal offense
5. Strict Construction of Penal
without due process of law.
Laws
 Must be general in application.
Against State: The
―Doctrine of Pro Reo‖
3. Non-imposition of cruel and
Pro reo doctrine: Whenever a penal law is to be unusual punishment or
construed or applied and the law admits of two excessive fines
interpretations - one lenient to the offender and Art III, Sec. 19, 1987 Const. Excessive fines
one strict to the offender, that interpretation shall not be imposed, nor cruel, degrading or
which is lenient or favorable to the offender will inhuman punishment inflicted. Neither shall
be adopted. death penalty be imposed, unless, for
compelling reasons involving heinous crimes,
Basis: The fundamental rule that all doubts the Congress hereafter provides for it. Any
shall be construed in favor of the accused and death penalty already imposed shall be
presumption of innocence of the accused. reduced to reclusion perpetua.

Art. III, Sec. 14(2), 1987 Const. In all a. Act Prohibiting the Imposition
criminal prosecutions, the accused shall be
of Death Penalty in the
presumed innocent until the contrary is proved.
Philippines (R.A.
Note: This is peculiar only to criminal law. 9346)
Republic Act 9346
EQUIPOISE RULE: An Act Prohibiting the Imposition of the Death
When the evidence of the prosecution and the Penalty.
defense are equally balanced, the scale should
be tilted in favor of the accused in obedience to Repealed the law imposing lethal injection (R.A.
the 8177) and the law imposing the death penalty
constitutional presumption of innocence.7 (R.A.
7659) (Sec. 1).

This Act also imposes the punishment of

reclusion perpetua for offenses under any act
using the nomenclature of the RPC (Sec. 2 (a))

7 Ursua v. CA (1996); Corpuz v. People (1991)

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and the punishment of life imprisonment for
offenses under any act which does not use the U.S. vs. Catolico (18 Phil. 504, 508) Facts:
nomenclature of the Accused was a justice of the peace who
RPC (Sec. 2(b)) rendered decisions for damages based on
breach of contract. The defendants failed to
pay the bonds required on time, so upon
4. Bill of attainder petition of the plaintiffs, the accursed
Art III, Sec. 22, 1987 Const. No ex post dismissed the appeals and ordered the sums
facto law or bill of attainder shall be enacted. attached and delivered to plaintiffs in
satisfaction of the judgment. Accused was
Bill of attainder - a legislative act that inflicts prosecuted for malversation.
punishment without trial, its essence being the
substitution of legislative fiat for a judicial Held: The general rule is that, if it is proved
determination of guilt. that the accused committed the criminal act
charged, it will be presumed that the act
was done with criminal intention. However,
5. Ex post facto law it must be borne in mind that the act from
Art III, Sec. 22, 1987 Const. No ex post facto which such presumption springs must be a
law or bill of attainder shall be enacted. criminal act. In this case, the act of the
accused was not unlawful. Everything he did
Ex post facto law is one which: was done in good faith under the belief that
(1) Makes criminal an act done before the he was acting judiciously and correctly. The
passage of the law and which was act of a person does not make him a
innocent when done, and punishes such criminal, unless his mind be criminal.
an act.
(2) Aggravates a crime, or makes it greater
than it was, when committed; b. Actus Me Invito Factus Non Est Meus
(3) Changes the punishment and inflicts a Actus ―An act done by me against my will
greater punishment than the law is not my act.‖
annexed to the crime when committed;
(4) Alters the legal rules of evidence, and c. El Que Es Causa De La Causa Es Causa
authorizes conviction upon less or Del Mal Causado
different testimony than the law required ―He who is the cause of the cause is the cause
at the time of the commission of the of the evil caused.‖
offense;
 This is the rationale in par. 1 of Art. 4 which
(5) Assumes to regulate civil rights and
enunciates the doctrine of proximate
remedies only, in effect imposes penalty
cause.
or deprivation of a right for something
which when done was lawful; and
He who commits an intentional felony is
(6) Deprives a person accused of a crime
responsible for all the consequences which may
some lawful protection to which he has
naturally and logically result therefrom,
become entitled, such as the protection of
whether foreseen or intended or not.
a former conviction or acquittal, or a
proclamation of amnesty. (Reyes, The
Revised Penal Code
citing In re: Kay Villegas Kami, Inc.)

Other constitutional limitations

• Must not provide imprisonment for non-
payment of debts or poll tax. [1987 Const.
Art. III, Sec. 19 (1)]
• Must not restrict other constitutional
freedoms, e.g. due process, religion, free
speech, and assembly.

Basic Maxims in Criminal Law

a. Actus Non Facit Reum, Nisi Mens Sit Rea
―The act cannot be criminal where the
mind is not
criminal.‖
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CHAPTER II. FELONIES
There is deceit when the act is performed with
A. PRELIMINARY MATTERS B. deliberate intent; and there is fault when the
CLASSIFICATION OF FELONIES C. wrongful act results from imprudence,
ELEMENTS OF CRIMINAL LIABILITY D. negligence, lack of foresight, or lack of skill.
IMPOSSIBLE CRIME E. STAGES OF
EXECUTION F. CONSPIRACY AND PROPOSAL
G MULTIPLE OFFENDERS H. COMPLEX
CRIME AND SPECIAL COMPLEX CRIMES

A. Preliminary matters Intentional Felony v. Culpable Felony

Intentional Culpable
Act is malicious. Not malicious.
1. Differentiating Felonies,
Offense, Misdemeanor and
Crime With deliberate intent. Injury caused is
unintentional, being
Felony: refers only to violations of the Revised just an incident of
Penal Code. another act performed
 A crime punishable under a special law is without malice.
not referred to as a felony. ―Crime‖ or Has intention to cause Wrongful act results
―offense‖ are the proper terms. (ASKED 3 an injury. from imprudence,
TIMES IN BAR EXAMS) negligence, lack of
foresight, or lack of
Importance: There are certain provisions in skill.
the Revised Penal Code where the term
―felony‖ is used, which means that the
provision is not extended to crimes under
special laws. 2. How is Criminal Liability
Incurred?
Example:
Art. 160. Quasi-Recidivism: ―A person who Art. 3 describes the manner of incurring
shall commit a felony after having been criminal liability under the Revised Penal Code.
convicted by final judgment, before beginning • Intentional felony v. Culpable Felony. – It
to serve sentence or while serving the same, means performing or failing to do an act,
shall be punished under the when either is punished by law, by means
maximum period of the penalty.‖ of deceit (with dolo) or fault (with culpa)
• It is important to note that if the criminal
Note that the word ―felony‖ is used. liability arises from an omission, such as
misprision of treason or abandonment of
Offense: A crime punished under a special law helpless persons, there must be a law
is called a statutory offense. requiring the performance of such act.
• In Par. 1 of Art. 4, the law uses the word
Misdemeanor: A minor infraction of the law, ―felony,‖ that whoever commits a felony
such as a violation of an ordinance. incurs criminal liability.
• Par. 2 of Art. 4 makes a person liable even if
Crime: Whether the wrongdoing is punished
the accomplishment of his crime is
under the Revised Penal Code or under a
inherently impossible.
special law, the generic word ―crime‖ can be
used. • Art. 6 also provides for liability for the
incomplete elements of a crime.
1. Felonies: How Committed • There are certain felonies committed by
Art. 3. Definitions (RPC) — Acts and conspiring in or proposing the commission
omissions punishable by law are felonies of certain acts, the principle behind this can
(delitos). be found in Art. 8.
• Plural crimes on the other hand are
Felonies are committed not only by means of discussed under Art. 48.
deceit (dolo) but also by means of fault
(culpa). Requisites of Dolo or Malice
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(1) He must have FREEDOM while doing an act Art. 5 covers two situations:
or omitting to do an act. a. Where the court cannot convict the
(2) He must have INTELLIGENCE while accused because the act he committed is
doing/omitting an act. not punishable under the law, but the
(3) He must have INTENT while doing/omitting court deems it proper to repress such act.
the act. • The proper judgment is acquittal.
(a) Intent which is a mental process • The judge must report to the Chief
presupposes the exercise of freedom Executive that said act be made
and the use of intelligence. subject of penal legislation and the
(b) If an act is proven to be unlawful, then reasons therefore.
intent will be presumed prima facie.
(U.S. v. Apostol) b. Where the court after trial finds the
(c) An honest mistake of fact destroys the accused guilty, and the penalty prescribed
presumption of criminal intent which for the crime appears too harsh
arises from the commission of a considering the conditions surrounding the
felonious act. commission of the crime,
(People v. Oanis) • The judge should impose the law (not
suspend the execution of the
General v. Specific Intent sentence).
In some particular felonies, proof of specific
• The most that he could do is
intent is required. In certain crimes against
recommend to the Chief Executive to
property, there must be intent to gain (Art. 293
grant executive clemency.
– robbery, Art 308 – theft). Intent to kill is
essential in attempted and frustrated homicide
(Art 6 in relation to Art 249), as well as in 4. Wrongful Act Different from
murder. In forcible abduction (Art. 342), specific that Intended
intent of lewd designs must be proved.
When a person commits a felony with malice,
Requisites of Culpa
he intends the consequences of his felonious
(1) He must have FREEDOM while
act.
doing/omitting to do an act
(2) He must have INTELLIGENCE while doing
the act/omitting to do an act
Art. 4. RPC. Criminal liability shall be incurred:
(3) He is IMPRUDENT, NEGLIGENT, or LACKS
1. By any person committing a felony (delito)
FORESIGHT or SKILL while doing the
although the wrongful act done be different
act/omitting to do an act.
from
that which he intended. xxx xxx xxx
3. Discussion of Article 5
Art. 5 RPC. Duty of the court in connection Rationale: el que es causa de la causa es causa
with acts which should be repressed but which del mal causado (he who is the cause of the
are not covered by the law, and in cases of cause is the cause of the evil caused).
excessive penalties.
1) Whenever a court has knowledge of any act Requisites:
which it may deem proper to repress and
which is not punishable by law, (1) An intentional felony has been committed.
2) it shall render the proper decision, and shall (a) The felony committed should be one
report to the Chief Executive, through the committed by means of dolo (with
Department of Justice, the reasons which malice) because Art. 4, Par. 1 speaks of
induce the court to believe that said act wrongful act done different from that
should be made the subject of legislation. which he intended.
3) In the same way, the court shall submit to (b) The act should not be punished by a
the Chief Executive, through the special law because the offender
Department of Justice, such statement as violating a special law may not have
may be deemed proper, without suspending the intent to do an injury to another.
the execution of the sentence, (c) No felony is committed when:
4) when a strict enforcement of the provisions i. the act or omission is not punishable by
of this Code would result in the imposition the RPC,
of a clearly excessive penalty, taking into ii. the act is covered by any of the
consideration the degree of malice and the justifying
injury caused by the offense. circumstances enumerated in Art. 11.
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(2) The wrong done to the aggrieved party be intended, if the felonious act is the proximate
the direct, natural and logical consequence cause of the resulting harm.
of the felony committed by the offender.
(a) Proximate Cause - That cause, which, Thus, the person is still criminally liable
in a natural and continuous sequence, although the wrongful act done be different
unbroken by any efficient intervening from that which he intended in the following
cause, produces the injury without cases:
which the result would not have
occurred. (1) Error in personae - mistake in the
identity of the victim; injuring one person
Criminal liability exists from the concurrence of mistaken for another (Art. 49 – penalty for
the mens rea and the actus reus. lesser crime in its
maximum period)
Illustration: (a) At least two subjects
Dave and JR are supposed to meet in Audrey‘s (b) A has intent to kill B, but kills C
home but when JR arrived Dave was not home. (c) Under Art. 3, if A hits C, he should have
JR received an SMS from Dave telling the no criminal liability. But because of Art.
former to get the house key from under the 4, his act is a felony.
doormat. Dave lets himself in and saw an iPod
on the table. JR took the iPod. (2) Aberratio ictus - mistake in the blow;
when offender intending to do an injury to
What is JR’s criminal liability? He is liable one person actually inflicts it on another
only for theft and not robbery because the (Art. 48 on complex crimes – penalty for
intent to gain concurred only with the act of graver offense in its maximum period) (a)
taking BUT NOT with the act of using the There is only one subject.
owner‘s keys to enter the house. (b) The intended subject is a different
subject, but the felony is still the same.
Note: Criminal liability for some felonies arises
only upon a specific resulting harm: (3) Praeter intentionem - injurious result is
(1) HOMICIDE AND ITS QUALIFIED FORMS greater than that intended (Art. 13 –
requires DEATH of the victim to be mitigating circumstance)
consummated. (a) If A‘s act constitutes sufficient means to
(2) ESTAFA: requires that the victim incur carry out the graver felony, he cannot
damage for criminal liability for the claim praeter intentionem.
consummated felony
to arise Proximate Cause v. Immediate Cause v.
Remote
Vda. De Bataclan v. Medina (1957): Cause
SC laid down the definition of proximate cause:
―that cause, which, in natural and continuous Illustrations:
sequence, unbroken by any efficient A, B, C, D, and E were driving their vehicles
intervening cause, produces the injury, and along Ortigas Ave. A‘s car was ahead, followed
without which the result would not have by those of B, C, D, and E.
occurred. And more comprehensively, 'the
proximate legal cause is that acting first and When A‘s car reached the intersection of EDSA
producing the injury, either immediately or by and Ortigas Avenue, the traffic light turned red
setting other events in motion, all constituting so A immediately stepped on his brakes,
a natural and continuous chain of events, each followed by B, C, and D.
having a close causal connection with its
immediate predecessor, the final event in the However, E was using his cellphone and
chain immediately effecting the injury as a therefore was not aware that the traffic light
natural and probable result of the cause which had turned to red, so he bumped the car of D,
first acted, under such circumstances that the then D hit the car of C, then C hit the car of B,
person responsible for the first event should, as then, finally, B hit the car of A.
an ordinary prudent and intelligent person,
have reasonable ground to expect at the In this case, the immediate cause of the
moment of his act or default that an injury to damage to the car of A is the car of B, but that
some person might probably result therefrom.‖ is not the proximate cause.

GENERAL RULE: The offender is CRIMINALLY The proximate cause is the negligence of E
LIABLE for ALL the natural and logical (using his cellphone while driving) because it
consequences of his felonious act, although not sets into motion the collision of all the cars.
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the doctor pronounced that the wound was
US v. Valdez (1921): already healed. Thereafter, B went back to his
The deceased is a member of the crew of a farm.
vessel. Accused is in charge of the crew
members engaged in the loading of cargo in A month later, B came home and was chilling.
the vessel. Before midnight, he died out of tetanus
poisoning.
Because the offended party was slow in his
work, the accused shouted at him. The The heirs of B filed a case of homicide against
offended party replied that they would be A.
better if he would not insult them.
Held:
The accused resented this, and rising in rage, The Supreme Court held that A is not liable. A,
he moved towards the victim, with a big knife if at all, is only liable for the physical injuries
in hand threatening to kill him. inflicted upon B.

The victim believing himself to be in immediate The Court took into account the incubation
peril threw himself into the water. The victim period of tetanus toxic. Medical evidence was
died of drowning. The accused was prosecuted presented, that tetanus toxic is good only for
for homicide. His contention that his liability two weeks. If, indeed, the victim had incurred
should be only for grave threats since he did tetanus poisoning out of the wound inflicted by
not even stab the victim, that the victim died A, he would not have lasted for around a month
of drowning, and this can be considered as a (22 days).
supervening cause.
What brought about the tetanus to infect his
Held: body was his work in the farm using his bare
The deceased, in throwing himself into the hands.
river, acted solely in obedience to the instinct
of selfpreservation, and was in no sense legally The rule is that the death of the victim must be
responsible for his own death. As to him, it was the direct, natural, and logical consequence of
but the exercise of a choice between two evils, the wounds inflicted upon him by the accused.
and any reasonable person under the same However, the act of B working in his farm
circumstance might have done the same. where the soil is filthy, using his own hands, is
an efficient supervening cause which relieves A
This case illustrates that proximate cause does of any liability for the death of B.
not require that the offender needs to actually
touch the body of the offended party. There is a likelihood that the wound was but
the remote cause and its subsequent infection,
It is enough that the offender generated in the for failure to take necessary precautions, with
mind of the offended party an immediate sense tetanus may have been the proximate cause of
of danger that made him place his life at risk. Javier's death with which the petitioner had
In this case, the accused must, therefore, be nothing to do.
considered the author of the death of the
victim.
The felony committed is not the
proximate cause of the resulting injury
when:
Urbano v. IAC (1988): (1) There is an active force that intervened
A and B had a quarrel and A started to hack B between the felony committed and the
with a bolo. B was wounded at the back. resulting injury, and the active force is a
distinct act or fact absolutely foreign from
Upon intervention, the two settled their the
differences. A agreed to shoulder all the felonious act of the accused; or
expenses for the treatment of the wound of B,
and to pay him also whatever loss of income B (2) The resulting injury is due to the
may have suffered. intentional act of the victim.

B, on the other hand, signed a statement of his The following are not efficient intervening
forgiveness towards A and on that condition, he cause:
withdrew the complaint that he filed against A. (1) The weak or diseased physical
condition of the victim, as when one is
After so many weeks of treatment in a clinic,
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suffering from tuberculosis or heart 3. According to their gravity
disease. (People v.
Illustre). OTHER CLASSIFICATIONS:
4. As to count
(2) The nervousness or temperament of 5. As to nature
the victim, as when a person dies in
consequence of an internal hemorrhage This question was asked in the bar
brought on by moving about against the examination: How do you classify felonies and
doctor‘s orders, because of his nervous how are felonies defined?
condition due to the wound inflicted on the • TIP: What the examiner had in mind was
accused. (People v. Almonte). Articles 3, 6 and 9. Do not write the
classification of felonies under Book 2 of
(3) Causes which are inherent in the the Revised Penal Code.
victim, such (a) the victim not knowing to • The question does not require the
swim and (b) the victim being addicted to candidate to classify but also to define.
tuba drinking. (People v. Buhay and People
• The purpose of classifying penalties is
v. Valdez).
to bring about a proportionate penalty and
equitable punishment.
(4) Neglect of the victim or third person,
• The penalties are graduated according to
such as the refusal by the injured party of
their degree of severity.
medical attendance or surgical operation,
or the failure of the doctor to give anti- ◦ The stages (Art. 6) may not apply to all
tetanus injection to the injured person. kinds of felonies.
(U.S. v. Marasigan). ◦ There are felonies which do not admit
of division.
(5) Erroneous or unskillful medical or
surgical treatment, as when the assault
took place in anu outlaying barrio where
proper modern surgical service was not
1. According to the Manner of
available. (People v. Their Commission
Moldes).
Under Art. 3, they are classified as:
a. Intentional felonies or those committed
5. Omission with deliberate intent; and
b. Culpable felonies or those resulting from
It is inaction, the failure to perform a positive negligence, reckless imprudence, lack of
duty which a person is bound to do. foresight or lack of skill.

There must be a law requiring the doing or

performing of an act. 2. According to the Stages of
Their Execution
Punishable omissions in the RPC:
(1) Art. 116: Misprision of treason. Under Art. 6, they are classified
(2) Art. 137: Disloyalty of public officers or as: a. Attempted
employees. b. Frustrated
(3) Art. 208: Negligence and tolerance in c. Consummated
prosecution of offenses.
(4) Art. 223: Conniving with or consenting to Note: The classification of stages of a felony in
evasion. Article 6 are true only to crimes under the
(5) Art. 275: Abandonment of person in danger Revised Penal Code. It does NOT apply to
and abandonment of one‘s own victim. crimes punished under special laws.
(6) Art. 276: Abandoning a minor.
However, even certain crimes which are
punished under the Revised Penal Code do not
B. Classifications of Felonies admit of these stages.

Related to this, classification of felonies

FELONIES ARE CLASSIFIED AS FOLLOWS: as to:
1. According to the manner of their a. Formal Crimes: Crimes which are
commission consummated
2. According to the stages of their execution in one instance.
(ASKED 9 TIMES IN BAR EXAMS) Example: ILLEGAL EXACTION under Art. 213
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 Mere demanding of an amount different (b) Arresto mayor
from what the law authorizes him to (c) Suspension
collect will already consummate a (d) Destierro
crime, whether the taxpayer pays the (e) Fines equal to or more than P200
amount being demanded or not. c. Light felonies or those infractions of law
b. Material Felonies: crimes that have for the commission of which
various stages of execution (1) the penalty is arresto menor, or a fine
c. Felonies by omission: Crimes which have not exceeding P200, or both. (ASKED 4
no attempted stage. TIMES IN BAR EXAMS)
d. Crimes which have NO FRUSTRATED
STAGE: the essence of the crime is the act Why is it necessary to determine whether the
itself. crime is grave, less grave or light?
(1) To determine
Example: in rape, the slightest penetration  whether these felonies can be
already consummates the crime; the same complexed or not;  the prescription of
is true for arson where the slightest burning the crime and  the prescription of the
already renders the crime complete. penalty.
(2) In other words, these are felonies
Valenzuela vs. People (2007): classified according to their gravity,
No crime of frustrated theft. stages and the penalty attached to
them.
Facts: A grocery boy was caught trying to
abscond a box of Tide Ultrabar laundry soap Take note that when the Revised Penal Code
from the Super Sale Club. The guards speaks of grave and less grave felonies, the
apprehended him at the store parking lot while definition makes a reference specifically to Art.
trying to board a taxi. He claimed the theft was 25 of the Revised Penal Code.
merely frustrated for he was not able to
dispose of the goods. Do not omit the phrase ―In accordance with
Art. 25‖ because there is also a classification of
Held: The Revised Penal Code provisions on penalties under Art. 26 that was not applied.
theft have not been designed in such fashion as
to accommodate the Adiao, Dino and Empelis This classification of felony according to gravity
rulings. Again, there is no language in Article is important with respect to the question of
308 that expressly or impliedly allows that the prescription of crimes.
―free disposition of the items stolen‖ is in any (3) Ex. If the penalty is a fine and exactly
way determinative of whether the crime of P200.00, it is only considered a light
theft has been produced. We thus conclude felony under Art. 9. If the fine is
that under the Revised Penal Code, there is no imposed as an alternative penalty or as
crime of frustrated theft. a single penalty, the fine of P200.00 is
considered a correctional penalty under
Art. 26, hence a less grave penalty.

3. According to Their Gravity If the penalty is exactly P200.00, apply Art.

26 (with respect to prescription of
Under Art. 9, felonies are classified as: penalties). It is considered as a correctional
a. Grave felonies or those to which the law penalty and it prescribes in 10 years. If the
attaches offender is apprehended at any time within
(1) the capital punishment or ten years, he can be made to suffer the
(2) penalties which in any of their periods fine.
are afflictive;
(a) Reclusion perpetua
(b) Reclusion temporal
4. As to Count
(c) Perpetual or Absolute DQ
(d) Perpetual or Temporary Special DQ Plurality of crimes may be in the form
(e) Prision mayor of: a. Compound Crime,
(f) Fine more than P6,000 b. Complex crime; and
b. Less grave felonies or those to which the c. Composite crime.
law punishes
(1) with penalties which in their maximum 5. As to Nature
period is correctional; (a) Prision (ASKED 4 TIMES IN BAR EXAMS)
correccional
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a. Mala in se
b. Mala prohibita Dolo is DELIBERATE INTENT otherwise referred
to as criminal intent, and must be coupled with
Art. 10. Offenses not subject to the provisions freedom of action and intelligence on the part
of this Code. - Offenses which are or in the of the offender as to the act done by him.
future may be punishable under special laws
are not subject to the provisions of this Code. Liability even in the absence of criminal
This Code shall be supplementary to such intent There are two exceptions to the
laws, unless the latter should specially provide requirement of criminal intent:
the contrary. (a) Felonies committed by CULPA. (infra)
(b) Offenses MALA PROHIBITA. (infra)
NOTE: Please refer to p. [1] for the table
comparing mala in se and mala prohibita Intentional Felonies
The act or omission is performed or incurred
C. Elements of Criminal with deliberate intent (with malice) to cause an
Liability injury to another.

Requisites
i. Freedom
1. Elements of Felonies Voluntariness on the part of the person who
commits the act or omission.
a. There must be an act or omission
If there is lack of freedom, the offender is
ACTUS REUS/PHYSICAL ACT to be considered as exempt from liability (i.e., presence of
a felony, there must be an act or omission; irresistible force or uncontrollable fear)
• Act: Any kind of body movement which
tends to produce some effect in the ii. Intelligence
external world; includes possession.
Capacity to know and understand the
• Omission: The failure to perform a positive
consequences of one‘s act.
duty which one is bound to do under the
law.
This power is necessary to determine the
morality of human acts, the lack of which leads
It is important that there is a law requiring the
to non-existence of a crime.
performance of an act; if there is no positive
duty, there is no liability.
If there is lack of intelligence, the offender is
8 exempt from liability. (i.e., offender is an
Examples: Failure to render assistance, failure
imbecile, insane or under 15 years of age)
to issue receipt or non-disclosure of knowledge
of
conspiracy against the government.10 iii. Criminal intent

Mens rea: "A guilty mind, a guilty or wrongful The purpose to use a particular means to effect
purpose or criminal intent."11 a result.

Sometimes referred to in common parlance as The intent to commit an act with malice, being
the gravamen of the offense (bullseye of the purely a mental state, is presumed (but only if
crime), or criminal or deliberate intent. the act committed is unlawful). Such
presumption arises from the proof of
commission of an unlawful act.
For an act to be punishable, there must be a
CONCURRENCE BETWEEN THE ACT and the
INTENT. However, in some crimes, intent cannot be
presumed being an integral element thereof; so
it has to be proven.
b. That the act or omission must be
punishable by the RPC; Example: In frustrated homicide, specific intent
to kill is not presumed but must be proven,
c. That the act is performed or the otherwise it is merely physical injuries.
omission incurred by means of dolo
or culpa.

8 Art. 275. Abandonment of person in danger and abandonment of one's own victim. 10 Art. 116. Misprision of treason.
11 Black's Law Dictionary, 5th ed., p. 889
 CRIMINAL LAW REVIEWER

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Recuerdo v. People (2006): intended to do something wrong. This is the
 General criminal intent is an element of all GENERAL CRIMINAL INTENT.
crimes but malice is properly applied only
to deliberate acts done on purpose and However, Ernie can be liable for more than one
with design. crime; thus, prosecution must establish Ernie‘s
 Evil intent must unite with an unlawful act SPECIFIC INTENT in order to determine whether
for there to be a felony. A deliberate and he planned to kill Bert or merely to inflict a
unlawful act gives rise to a presumption of whole lot of pain.
malice by intent.
 On the other hand, specific intent is a Ernie can overturn the presumption of general
definite and actual purpose to accomplish criminal intent by proving that he was justified
some particular thing. (infra), entitled to any exempting
circumstances (due to lack of discernment) or
The general criminal intent is presumed from there was a mistake of fact (infra).
the criminal act and in the absence of any
general intent is relied upon as a defense, such If he is successful, then the presumption that
absence must be proved by the accused. he intended to do something wrong is
overcome along with the need to determine
Generally, a specific intent is not presumed. Its specific intent.
existence, as a matter of fact, must be proved
by the State just as any other essential However, the result of Ernie‘s act will now
element. determine his liability. Was his act justified that
he incurs no liability? Is he entitled to any
This may be shown, however, by the nature of exemption?
the act, the circumstances under which it was Or is his liability only mitigated?
committed, the means employed and the
motive of DISTINCTION Between Intent,
the accused Discernment and
Motive (ASKED 4 TIMES IN BAR EXAMS)
Note: If any of the elements is absent, there is
no dolo. If there is no dolo, there could be no INTENT DISCERNMEN MOTIVE
intentional felony.9 T
Determinati The mental It is the
Categories of Intent on to do a capacity to tell moving power
certain right from which impels
General Criminal Specific Criminal thing, an wrong. one to do an
Intent Intent aim or act (ex.
The intention to do The intention to purpose of vengeance).
something wrong. commit a definite act. the mind.
Establish the Integral to the Generally, it is
Presumed from Existence is element of not an
nature and
the mere not presumed. intelligence, essential
extent of
doing of a wrong act. NOT intent. element of a
culpability in
The burden is upon Since the specific intentional crime, hence,
the wrong doer to intent is an element it need not be
felonies.
prove that he acted of the crime, the proved for
without such criminal burden is upon the purposes of
intent. prosecution to conviction
establish its (except in
existence. certain cases
enumerated
below)
Illustration:
Ernie, without any provocation, stabbed Bert.
When Motive Becomes Material in
The very act of stabbing is the quantum of Determining
proof needed to establish the fact that Ernie Criminal Liability (ASKED ONCE IN BAR
EXAMS)

9 Visbal vs. Buban (2003)

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i. When the act brings about variant crimes The court held that the argument of Delos
(e.g. kidnapping v. robbery10) Santos is inconsequential.
ii. When there is doubt as to the identity of
the assailant. iii. When there is the need to Proof of motive is not indispensable for a
ascertain the truth between two conviction, particularly where the accused is
antagonistic versions of the crime. iv. When positively identified by an eyewitness and his
the identification of the accused proceeds participation is adequately established.
from an unreliable source and the
testimony is inconclusive and not free from In People vs. Galano, the court ruled that in the
doubt. crime of murder, motive is not an element of
v. When there are no eyewitnesses to the crime, the offense, it becomes material only when the
and when suspicion is likely to fall upon a evidence is circumstantial or inconclusive and
number of persons. vi. When the evidence on there is some doubt on whether the accused
the commission of the crime is purely had committed it.
circumstantial.
 Lack of motive can aid in achieving In this case, the court finds that no such doubt
acquittal of the accused, especially exists, as witnesses De Leon and Tablate
where there is doubt as to the identity positively identified Delos Santos.
of the
accused.14

Illustration: (1) Mistake of Fact (ignorantia facti

Ernie came home and found his wife in a excusat) (ASKED ONCE IN BAR EXAMS) It is a
pleasant conversation with Bert, former suitor. reasonable misapprehension of fact on the part
Thereupon, he went to the kitchen, opened a of the person causing injury to another. Such
drawer and pulled out a knife. He then stabbed person is NOT criminally liable as he acted
Bert. without criminal intent.

The moving force is jealousy. Under this principle, what is involved is the lack
The intent is presumed from the resort to the of intent on the part of the accused. Therefore,
knife, so that means he desires to kill Bert, the the defense of mistake of fact is an untenable
former suitor. defense in culpable felonies, where there is
no intent to consider.
Ernie‘s deliberate choice of something as lethal
as the knife shows the presence of intelligence An honest mistake of fact destroys the
because it is his very awareness of the danger presumption of criminal intent which arises
which prompted his choice. This only means upon the commission of a felonious act.
that he knew what is right from wrong and
deliberately chose to do what is wrong.
Requisites:
Note: Discernment does not indicate the (a) That the act done would have been lawful
presence of intent, merely intelligence.11 Thus, had the facts been as the accused believed
discernment is necessary whether the crime is them to be;
dolo or culpa. (b) That the intention of the accused in
performing the act should be lawful;
People v. Delos Santos (2003): (c) That the mistake must be without fault or
Delos Santos stabs Flores with a kitchen knife carelessness on the part of the accused.
hitting him on the different parts of his body, When the accused is negligent, mistake of
inflicting upon him mortal wounds which fact is not a defense.12
directly caused his death.
US v. Ah Chong (1910):
He then argues that since the prosecution A cook who stabs his roommate in the dark,
witnesses testified that there was no honestly mistaking the latter to be a robber
altercation between him and Flores, it follows responsible for a series of break-ins in the area,
that no motive to kill can be attributed to him. and after crying out sufficient warnings and
believing himself to be under attack, cannot be
Held: held criminally liable for homicide.

10 People v. Puno (1993) 14

People vs Hassan, 1988
11 People v. Cordova 1993
12 People v. Oanis, 1988
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1) Would the stabbing be lawful if the facts In this case, the accused was charged with
were really what the houseboy believed? malicious mischief.
Yes. If it was really the robber and not the
roommate then the houseboy was justified. Malicious mischief is an intentional negligence
2) Was the houseboy‘s intention lawful? Yes. under Article 327. Thus, there is no malicious
He was acting out of self-preservation. mischief through simple negligence or reckless
3) Was the houseboy without fault or imprudence because it requires deliberateness.
negligence? Yes. His deliberate intent to
defend himself with the knife can be The Supreme Court pointed out that although
determined by the fact that he cried out the allegation in the information charged the
sufficient warnings prior to the act. accused with an intentional felony, yet the
words feloniously and unlawfully, which are
Stabbing the victim whom the accused believed standard languages in an information, covers
to be an intruder showed a mistake of fact on not only dolo but also culpa because culpa is
his part which led him to take the facts as they just a mode of committing a felony.
appear to him and was pressed to take
immediate action.
(b) AS A CRIME
In Art. 365, criminal negligence is an omission
which the article specifically penalizes.
However, mistake of fact is NOT availing in
People v. Oanis (74 Phil. 257), because the The concept of criminal negligence is the
police officers were at fault when they shot the inexcusable lack of precaution on the part of
escaped convict who was sleeping, without the person performing or failing to perform an
first ascertaining his identity. (It is only when act.
the fugitive is determined to fight the officers
of law trying to catch him that Art. 365 creates a distinction between
killing the former would be justified) imprudence and negligence; simple or
reckless, one might think that criminal
(2) Culpa (CONSTRUCTIVE INTENT) negligence is the one being punished.
Although there is no intentional felony, there
could be culpable felony. Act of Dolo OR Act of Culpa

The act or omission is not malicious; the injury

caused being simply the incident of another act INTENTIONAL CRIMINAL
performed without malice.
NEGLIGENCE
The element of criminal intent is replaced by
negligence, imprudence, lack of foresight or (ART 365)
lack of skill.

Is culpa merely a mode of committing a

crime or a crime in itself? Requisites:
(a) Freedom
(a) AS A MODE (b) Intelligence
Under Art. 3, it is clear that culpa is just a (c) Negligence, reckless imprudence, lack of
modality by which a felony may be committed. foresight or lack of skill;

Act of Dolo Act of Culpa

People v. Buan (1968):
OR
The accused was driving a passenger bus.
FELONY Allegedly because of his recklessness, the bus
collided with a jeep injuring the passengers of
the latter.

People vs. Faller (1939): A case was filed against the accused for slight
It was stated indirectly that criminal negligence physical injuries through reckless imprudence
or culpa is just a mode of incurring criminal for which he was tried and acquitted. Prior to
liability. his acquittal, a case for serious physical injuries
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and damage to property through reckless
imprudence was filed. The contributory negligence of the party injured
will NOT defeat the action if it be shown that
Accused claimed that he was placed in twice in the accused might, by the exercise of
jeopardy. reasonable care and prudence, have avoided
the consequences of the negligence of the
Held: injured party.
The second case must be dismissed.
But: The doctrine is not applicable in criminal
• Once convicted or acquitted of a specific
cases:
act of reckless imprudence, the accused
Anuran v. Buno (1966):
may not be prosecuted again for the same
act.  The principle about the "last clear chance"
• For the essence of the quasi-offense under would call for application in a suit between
Art. 365 of the RPC lies in the execution of the owners and drivers of the two colliding
an imprudent act which would be vehicles.
punishable as a felony.  It does not arise where a passenger
• The law penalizes the negligent act and not demands responsibility from the carrier to
the result. enforce its contractual obligation. For it
would be inequitable to exempt the
• The gravity of the consequences is only
negligent driver of the jeepney and its
taken into account to determine the
penalty. It does not qualify the substance of owners on the ground that the other driver
the offense. was likewise guilty of negligence.
 Last Clear Chance is a defense by the
• As the careless act is single, whether the
injurious result should affect one person or defendant in a damage suit against liability
several persons, the offense remains one by transferring it to the plaintiff.
and the same, and cannot be split into  These dynamics cannot be replicated in a
different crimes and prosecutions. criminal case because:
i. the liability is penal in nature and thus
Negligence - Indicates deficiency of cannot be transferred within the same
perception, failure to pay proper attention, and case
to use diligence in foreseeing the injury or
damage impending to be caused. Usually It is not a case between two parties involved in
involves lack of foresight. an incident but rather between an individual
and the State.
Imprudence - Indicates deficiency of action,
failure to take the necessary precaution to (c) Rule Of Negative Ingredient This is
avoid injury to person or damage to property. related to the doctrine of proximate cause and
Usually involves lack of skill. applicable when certain causes leading to the
result are not identifiable.
Reason for punishing acts of negligence
or imprudence: A man must use his common This rule states that:
sense and exercise due reflection in all his acts; i. The prosecution must first identify what
it is his duty to be cautious, careful and the accused failed to do.
prudent. ii. Once this is done, the burden of
evidence shifts to the accused. iii. The
DOCTRINES CONCERNING CULPABLE accused must show that the failure did
CRIMES not set in motion the chain of events
leading to the injury.13
(a) Emergency Rule
 A person who is confronted with a sudden
emergency may be left no time for thought
D. Impossible Crimes
so he must make a speedy decision based
largely upon impulse or instinct.
Importance: cannot be held to the same Purpose of punishing impossible crimes: To
conduct as one who has had an opportunity to suppress criminal propensity or
reflect, even though it later appears that he criminal tendencies. Objectively,
made the wrong decision. the offender has not committed a felony, but
subjectively, he is a criminal.
(b) Doctrine Of ―Last Clear Chance‖

13 Carillo vs People, 1994

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Requisites: The victim was tortured to death. He was later
(1) That the act performed would be an offense shot in the back to make it appear that he was
against persons or property. killed while trying to escape. The accused is
(2) That the act was done with evil intent. not a principal to an impossible crime but an
accessory to the killing committed by the
• The offender intends to commit a principal (People v.
felony against persons or against Saladino).
property, and the act performed
would have been an offense against Note: Since the offender in an impossible
persons or property. crime has already performed the acts for the
• It must be shown that the actor execution of the same, there could be no
performed the act with the intent to attempted impossible crime. There is no
do an injury to another. frustrated impossible crime either, because the
acts performed by the offender are considered
• However, it should not be actually
as constituting a consummated offense.
performed, for otherwise, he would
be liable for that felony.
Felonies against persons:
(a) Parricide (Art. 246)
(3) That its accomplishment is inherently
(b) Murder (Art. 248)
impossible, or that the means employed is
(c) Homicide (Art. 249)
either inadequate or ineffectual.
(d) Infanticide (Art. 255)
(e) Abortion (Arts. 256, 257, 258 and 259)
Inherent impossibility: The act intended by
(f) Duel (Arts. 260 and 261)
the offender is by its nature one of impossible
(g) Physical injuries (Arts. 262, 263, 264, 265
accomplishment.
and
266)
There must be either (1) legal impossibility or
(h) Rape (Art. 266- A)
(2) physical impossibility of accomplishing the
intended act.
Felonies against property:
(a) Robbery (Arts. 294, 297, 298, 299, 300,
Legal impossibility: The intended acts, even
302 and
if completed, would not amount to a crime. 303)
Legal impossibility would apply to those (b) Brigandage (Arts. 306 and 307)
circumstances where: (c) Theft (Arts. 308, 310 and 311)
a. the motive, desire and expectation is (d) Usurpation (Arts. 312 and 313)
to perform an act in violation of the (e) Culpable Insolvency (Art. 314)
law; (f) Swindling and other deceits (Art. 315, 316,
b. there is intention to perform the 317 and 318)
physical act; (g) Chattel Mortgage (Art. 319)
c. there is a performance of the intended (h) Arson and other crimes involving
physical act; and destruction (Arts. 320, 321, 322, 323, 324,
d. the consequence resulting from the 325 and 326)
intended act does not amount to a (i) Malicious mischief (Arts. 327, 328, 329, 330
crime. and
(Intod v. CA) 331)

Physical or factual impossibility: Modified concept of impossible crime

Extraneous circumstances unknown to the
actor or beyond his control prevent the
Intod v. CA (1992):
consummation of the intended crime.
• In this case, four culprits, all armed with
firearms and with intent to kill, went to the
Note: In the Philippines, impossibility of
intended victim‘s house and after having
accomplishing the criminal intent is not
pinpointed the latter‘s bedroom, all four
merely a defense but an act penalized by
fired at and riddled the said room with
itself.
bullets, thinking that the intended victim
was already there as it was about 10:00 in
(4) That the act performed should not the evening.
constitute a violation of another provision
of the RPC. • It so happened that the intended victim did
not come home that evening and so was
not in her bedroom at that time.
Illustration:
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• Eventually the culprits were prosecuted and
convicted by the trial court for attempted Classification Under
murder. Art. 6 a. Consummated
• CA affirmed the judgment but the SC Felony
modified the same and held the petitioner When all the elements necessary for its
liable only for the so-called impossible execution and accomplishment are present; the
crime. felony is produced.

b. Frustrated Felony
When the offender performs all the acts of
ELEMENTS OF IMPOSSIBLE CRIME
FRUSTRATE CONSUMMATE
CRIMINAL ATTEMPTED
D D
LIABILITY
Lacking due to: Intervention
i. other than
Actus Reus own desistance;  
inherent some but not all
impossibility acts of execution
ii. employment of
inadequate means
Mens Rea    
Concurrence    
Result    
Causation    
Development of a Crime execution which would produce the felony as a
consequence but which, nevertheless, do not
 As a result, petitioner-accused was
produce it by reason of causes independent of
sentenced to imprisonment of only six
the will of the perpetrator.
months of arresto mayor for the felonious
act he committed with intent to kill: this
despite the destruction done to the c. Attempted Felony
intended victim‘s house. When the offender commences the commission
of a felony directly by overt acts, and does not
perform all the acts of execution which should
produce the felony by reason of some cause or
E. Stages of Execution accident other than his own spontaneous
desistance.

a. Overt act The acts were clearly the first or some

A commission of the felony is deemed subsequent step in a direct movement towards
commenced when the following are present: the commission of the offense after the
(1) There are external acts. preparations are made. Had it not been for the
(2) Such external acts have a direct connection victim‘s strong physical resistance, petitioner‘s
with the crime intended to be committed. next step would, logically, be having carnal
knowledge of the victim.
Overt act: Some physical activity or deed (but
not necessarily physical, depending on the b. Development of a crime
nature of the felony) indicating the intention to
commit a particular crime, more than a mere (1) Internal acts
planning or preparation, which if carried to its
complete termination following its natural Intent, ideas and plans; generally not
course, without being frustrated by external punishable.
obstacles nor by the voluntary desistance of The intention and act must concur.
the perpetrator, will logically and necessarily
ripen into a concrete offense. Illustration: Ernie plans to kill Bert

Rait v. People (2008): (2) External acts

The Court found that the petitioner‘s acts of
successfully removing victim‘s clothing and
inserting his finger to the victim‘s vagina were
overt or external acts in the crime of rape.
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(a) Preparatory Acts • Usually overt acts with a logical relation to
 Acts tending toward the a particular concrete offense.  Punishable
crime. under the RPC.
• Ordinarily not punished except when
considered by law as independent crimes Illustration: Ernie stabs Bert
(i.e. Art. 304 – possession of picklocks)
• Proposal and conspiracy to commit a felony Indeterminate offense
are not punishable except when the law It is one where the purpose of the offender in
provides for their punishment in certain performing an act is not certain. Its nature in
felonies. relation to its objective is ambiguous. The
• These acts do not yet constitute even the intention of the accused must be viewed from
first stage of the acts of execution. the nature of the acts executed by him, and not
• Intent not yet disclosed. from his admission.
Illustration: Ernie goes to the kitchen to get a
knife. Attempted and Frustrated Felonies
The difference between the attempted stage
(b) Acts of Execution and the frustrated stage lies in: whether the
offender has performed all the acts of
execution for the accomplishment of a felony.
has not been passed and it is merely an
Attempted Felony Frustrated Felony
Overt acts of execution are
All acts of execution are finished
started
BUT
Acts Performed BUT
Crime sought to be committed is not
Not all acts of execution are
achieved
present
Due to reasons other than the Due to intervening causes
Why spontaneous desistance of the independent of the will of the
perpetrator perpetrator
Offender is already in the objective
Offender still in subjective
phase because all acts of execution
Position in the phase because he still has
are already present and the cause of
Timeline control of his acts, including
its nonaccomplishment is other than
their natural cause.
the offender‘s will
a. Attempted Stage attempt.

Elements: Illustration: The subjective phase for Ernie was

(1) The offender commences the commission from the moment he swung his arm to stab
of the felony directly by overt acts; Bert up until he finished his stroke. This is the
(2) He does not perform all the acts of interim where he still has control of his actions.
execution which should produce the felony;
(3) The non-performance of all acts of Desistance – is an absolutory cause which
execution was due to cause or accident negates criminal liability because the law
other than his own spontaneous encourages a person to desist from committing
desistance. a crime.

Marks the commencement of the subjective But, it does not negate all criminal liability, if
phase: the desistance was made when acts done by
him already
Subjective phase - That portion of the acts resulted in a felony,
constituting a crime, starting from the point
where the offender begins the commission of The offender will still be criminally liable for the
the crime to that point where he still has felony brought about by his act.
control over his acts
including their (act‘s) natural course What is negated is only the attempted stage,
but there may be other felonies arising from his
If between those two points, the offender is act.
stopped by reason of any cause outside of his
own voluntary desistance, the subjective phase
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Note: Desistance is true only in the attempted Campuhan in the act of almost raping her
stage of the felony. daughter.

If the felony is already in its frustrated stage, The hymen of the victim was still intact.
desistance will NOT negate criminal liability. However, since it was decided in People v. Orita
that entry into labia is considered rape even
Illustration: Supposing Ernie (because he without rupture and full penetration of the
thought killing Bert was too easy a revenge) hymen, a question arises whether what
desisted midstroke. However, Bert felt the transpired was attempted or consummated
movement and turned. He was so shocked that rape.
he suddenly backed away and tripped over his
own feet. As Bert went down, his left eye Held:
caught the sharp corner of a table causing a • There was only attempted rape.
puncture on his eyeball rendering him • Mere touching of external genitalia by the
completely blind on the left side. penis is already rape.
• Ernie would not be liable for attempted • Touching should be understood as
murder because of his desistance inherently part of entry of penis penetration
(regardless of his reason for doing so) and not mere touching, in the ordinary
• His liability would now be for serious sense, of the pudendum.
physical injuries because his act of raising • Requires entry into the labia, even if there
the knife was the proximate cause for Bert be no rupture of the hymen or laceration of
losing an eye. the vagina, to warrant a conviction for
consummated rape.
In the attempted stage, the definition uses the • Where entry into the labia has not been
word established, the crime amounts to an
“directly.‖ attempted rape.
• The prosecution did not prove that
The word ―directly‖ emphasizes the Campuhan‘s penis was able to penetrate
requirement that the attempted felony is that victim‘s vagina because the kneeling
which is directly linked to the overt act position of the accused obstructed the
performed by the offender, not the felony he mother‘s view of the alleged sexual
has in his mind. contact. The testimony of the victim herself
claimed that penis grazed but did not
People v. Lamahang (1935): penetrate her organ.
The accused was arrested while he was
 There was only a shelling of the castle but
detaching some of the wood panels of a store.
no bombardment of the drawbridge yet.
He was already able to detach two panels.

Held: In criminal law, since the act of removing b. Frustrated Stage

the panel indicates only at most the intention
to enter, he can only be prosecuted for
Elements
trespass. There is nothing in the record to
(1) The offender performs all the acts of
justify a concrete finding that his final
execution;
objective, once he succeeded in entering the
(2) All the acts performed would produce the
store, was to rob, to cause physical injury to
felony as a consequence;
the inmates, or to commit any other offense.
(3) But the felony is not produced;
The removal of the paneling is just an attempt
(4) By reason of causes independent of the will
to trespass, not an attempt to rob. Although
of the perpetrator.
Lamahang was charged with attempted
robbery, the Supreme Court held that he is only
liable for attempted trespass because that is The end of the subjective phase and the
the crime that can be directly linked to his act beginning of the objective phase.
of removing the wood panel.
Objective phase – the result of the acts of
execution, that is, the accomplishment of the
crime.
There are some acts which are ingredients of a
certain crime, but which are, by themselves,
already criminal offenses. If the subjective and objective phases have
been passed there is a consummated felony.
People v. Campuhan (2000): The mother of
the 4-year-old victim caught the houseboy People v. Listerio (2000):
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Brothers Jeonito and Marlon were walking when
they met a group composed of men who (b) Arson
blocked their path and attacked them with lead • One cannot say that the offender, in
pipes and bladed weapons. One stabbed the crime of arson, has already
Jeonito from behind. performed all the acts of execution
Jeonito‘s brother, Marlon, was hit on the head. which could produce the destruction of
the premises through the use of fire,
Held: unless a part of the premises has
1) The SC held that the crime is a frustrated begun to burn.
felony not an attempted offense • The crime of arson is therefore
considering that after being stabbed and consummated even if only a portion of
clubbed twice in the head as a result of the wall or any part of the house is
which he lost consciousness and fell. burned. The consummation of the
Marlon's attackers apparently thought he crime of arson does not depend upon
was already dead and fled. the extent of the damage
2) A crime cannot be held to be attempted caused. (People v. Hernandez)
unless the offender, after beginning the
commission of the crime by overt acts, is (c) Bribery and Corruption of Public
prevented, against his will, by some outside Officers
cause from performing all of the acts which
• The manner of committing the crime
should produce the crime.
requires the meeting of the minds
3) In other words, to be an attempted crime,
between the giver and the receiver.
the purpose of the offender must be
thwarted by a foreign force or agency • If there is a meeting of the minds,
which intervenes and compels him to stop there is consummated bribery or
prior to the moment when he has consummated corruption.
performed all of the acts which should • If there is none, it is only attempted.
produce the crime as a consequence, which
acts it is his intention to perform. (d) Adultery
4) If he has performed all the acts which • This requires the sexual contact
should result in the consummation of the between two participants.
crime and voluntarily desists from • If that link is present, the crime is
proceeding further, it cannot be an consummated;
attempt.
(e) Physical Injuries
• Under the Revised Penal Code, the
Crimes which do not admit of frustrated crime of physical injuries is penalized
stage on the basis of the gravity of the
injuries.
(a) Rape
• There is no simple crime of physical
• The essence of the crime is carnal injuries. There is the need to categorize
knowledge. because there are specific articles that
• No matter what the offender may do to apply whether the physical injuries are
accomplish a penetration, if there was serious, less serious or slight.
no penetration yet, it cannot be said • Thus, one could not punish the
that the offender has performed all the attempted or frustrated stage because
acts of execution. one does not know what degree of
We can only say that the offender in physical injury was committed unless it
rape has performed all the acts of is consummated.
execution when he has effected a
penetration. Illustration:
• Once there is penetration, no matter When Bert lost his left eye, Ernie‘s liability was
how slight it is, the offense is automatically for serious physical injuries. He
consummated. would have no liability if the eye was intact.

People v. Orita (1990): If the eye suffered damage due to the impact,
For this reason, rape admits only of the the crime would not be frustrated nor
attempted and consummated stages, no attempted physical injuries because the RPC
frustrated stage. (see the previously cited case still considers this as a consummated physical
of People v. Campuhan for the most recent injury, its gravity depending on the duration
doctrine on penetration). that it took for the damage to heal.
 CRIMINAL LAW REVIEWER

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Thus, in determining the stage of some
(f) Theft crimes, the manner of execution
• Once there is unlawful taking, theft is becomes pivotal in determining the end
consummated. of the subjective phase, i.e. once the
• Either the thing was taken or not. offender performs the act in the
manner provided for in the law, HE IS
• Disposition of the stolen goods is not
ALREADY DEEMED TO HAVE
an element of theft under the RPC.
PERFORMED EVERY ACT FOR ITS
EXECUTION.
Rule of thumb: Felonies that do not require
any result do not have a frustrated stage.

Factors in Determining the Stage of

Execution of a b. The Elements of the Crime
Felony
a. The manner of committing the crime; (1) Along with the manner of execution, there
b. The elements of the crime; and are crimes wherein the existence of
c. The nature of the crime itself. certain elements becomes the factor in
determining its consummation.
These three factors are helpful in trying to (2) In the crime of estafa, the element of
pinpoint whether the crime is still in its damage is essential before the crime
attempted, frustrated or consummated stage. could be consummated. If there is no
damage, even if the offender succeeded in
carting away the personal property
a. The Manner of Committing the Crime
involved, estafa cannot be considered as
consummated.
(1) Formal Crimes - consummated in one (3) On the other hand, if it were a crime of
instant, no attempt. (a) Ex. Slander and theft, damage or intent to cause damage
false testimony is not an element of theft.
(b) There can be no attempt, because (4) What is necessary only is intent to
between the thought and the deed, gain, not even gain is important.
there is no chain of acts that can be (5) In the crime of abduction, the crucial
severed. element is the taking away of the
woman with lewd designs.
(2) Crimes consummated by mere attempt
or proposal by overt act. c. The Nature of the Crime Itself
(a) Ex. Flight to enemy‘s country (Art.
121) and corruption of minors (Art.
In defining of the frustrated stage of crimes
340)
involving the taking of human life (parricide,
homicide, and murder), it is indispensable
(3) Felony by omission that the victim be mortally wounded.
(a) There can be no attempted stage
when the felony is by omission, Hence, the general rule is that there must be a
because the offender does not fatal injury inflicted, because it is only then
execute acts, he omits to perform that death will follow.
an act which the law requires him
to do.
F. Conspiracy and Proposal
(4) Crimes requiring the intervention of two
persons to commit them are
consummated by mere agreement. Conspiracy – exists when two or more persons
(a) In bribery, the manner of come to an agreement concerning the
committing the crime requires the commission of a felony and decide to commit
meeting of the minds between the it. (Article 8, RPC).
giver and the receiver.
(b) When the giver delivers the money Requisites of conspiracy:
to the supposed receiver, but there (1) Two or more persons come to an
is no meeting of the minds, the only agreement.
act done by the giver is an attempt.
• Agreement presupposes meeting of the
minds of two or more persons
(5) Material Crimes – have three stages of
execution
(2) The agreement pertains to a commission of
a felony.
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• Agreement to effect what has been crime is only a manner of incurring criminal
conceived and determined. liability, not a separate offense.

(3) The execution of the felony was decided In conspiracy, the act of one is the act of
upon. all.

Note: There must be participation in the GENERAL RULE: When the conspiracy is
criminal resolution because simple knowledge established, all who participated therein,
thereof by a person may only make him liable irrespective of the quantity or quality of his
as an accomplice. participation is liable equally, whether
conspiracy is pre-planned or instantaneous.
GENERAL RULE: Conspiracy and proposal to
commit a felony are not punishable. EXCEPTION: Unless one or some of the
conspirators committed some other crime
EXCEPTION: They are punishable only in the which is not part of the conspiracy.
cases in which the law specially provides a
penalty therefore. EXCEPTION TO THE EXCEPTION: When the
act
Conspiracy to commit - constitutes a ―single indivisible offense.‖
(1) Treason (Art. 115)
(2) Rebellion (Art. 136) Proposal to commit a felony - when the
(3) Insurrection (Art. 136) person who has decided to commit a felony
(4) Coup d’état, (Art. 136) proposes its execution to some other person or
(5) Sedition (Art. 141) persons. (Art. 8,
(6) Monopolies and combinations in restraint of RPC)
trade, espionage (Art. 186)
(7) Illegal association (Art. 147) Examples: Proposal to commit treason (Art.
(8) Highway Robbery (P.D. 532) 115) and proposal to commit coup d‘état,
(9) Espionage (Sec. 3, C.A. 616) rebellion or insurrection (Art. 136).
(10) Selected acts under the Dangerous
Drugs Acts Requisites:
(11) Arson (1) That a person has decided to commit a
(12) Terrorism (R.A. 9372) felony; and
(2) That he proposes its execution to some
Proposal to commit other person or persons.
– (1) Treason (Art.
115) There is no criminal proposal when:
(2) Coup d’ etat (Art. 136) (1) The person who proposes is not determined
(3) Rebellion (Art. 136) to commit the felony;
(4) Inducement not to answer summons, (2) There is no decided, concrete and formal
appear or be sworn in Congress, etc. (Art. proposal;
150) (3) It is not the execution of a felony that is
proposed.
Rationale: Conspiracy and proposal to commit
a crime are only preparatory acts and the law Note: It is not necessary that the person to
regards them as innocent or at least whom the proposal is made agrees to commit
permissible except in rare and exceptional treason or rebellion.
cases.

Conspiracy as a felony, distinguished from People v. Laurio (1991): It must be

conspiracy as a manner of incurring established by positive and conclusive
criminal liability: evidence, not by conjectures or speculations.
• As a felony, conspirators do not need to
actually commit treason, rebellion, People v. Bello (2004): Conspiracy is
insurrection, etc., it being sufficient that predominantly a state of mind as it involves the
two or more persons agree and decide to meeting of the minds and intent of the
commit it. malefactors. Consequently, direct proof is not
• As a manner of incurring criminal liability, if essential to establish it.
they commit treason, rebellion, etc., they
will be held liable for it, and the conspiracy People v. Comadre (2004):
which they had before committing the
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• To establish conspiracy, evidence of actual responsibility arising from different acts
cooperation rather than mere cognizance directed against one and the same person
or approval of an illegal act is required. is individual and not collective, and that
• Conspiracy is never presumed; it must be each of the participants is liable only for his
shown to exist as clearly and convincingly own acts.
as the commission of the crime itself. (People v. Bagano)
• Mere presence of a person at the scene of
the crime does not make him a conspirator
for conspiracy transcends companionship. A conspiracy is possible even when participants
are not known to each other. When several
persons who do not know each other
simultaneously attack the victim, the act of one
People v. Cenahonon (2007):
is the act of all, regardless of the degree of
While it is mandatory to prove conspiracy by
injury inflicted by any one of them.
competent evidence, direct proof is not
Everyone will be liable for the consequences.
essential to show it – it may be deduced from
the mode, method, and manner by which the
offense was perpetrated, or inferred from the One who desisted is not criminally liable. As
acts of the accused themselves when such acts pointed out earlier, desistance is true only in
point to a joint purpose and design, concerted the attempted stage. Before this stage, there is
action and community of interest. only a preparatory stage. Conspiracy is only in
the preparatory stage.
The accused herein were shown to have clearly
acted towards a common goal. Illustration: A thought of having her husband
killed because the latter was maltreating her.
She hired some persons to kill him. The goons
People v. Talaogan (2008):
got hold of her husband and started mauling
Direct proof is not required, as conspiracy may him. The wife took pity and shouted for them to
be proved by circumstantial evidence. It stop but the goons continued. The wife ran
may be established through the collective away. The wife was prosecuted for parricide.
acts of the accused before, during and But the Supreme Court said that there was
after the commission of a felony that all the desistance, so she is not criminally liable.
accused aimed at the same object, one
performing one part and the other performing
Do not search for an agreement among
another for the attainment of the same
participants. If they acted simultaneously to
objective; and that their acts, though
bring about their common intention, conspiracy
apparently independent, were in fact concerted
exists. And when conspiracy exists, do not
and cooperative, indicating closeness of
consider the degree of participation of each
personal association, concerted action and
conspiracy because the act of one is the act of
concurrence of sentiments.
all. As a general rule, they have equal
responsibility.

People v. Pangilinan (2003): Illustration:

Doctrine of Implied Conspiracy (ASKED 1 A, B and C have been courting the same lady
TIME IN BAR EXAMS) – Conspiracy need not be for several years. On several occasions, they
direct but may be inferred from the conduct of even visited the lady on intervening hours.
the parties, their joint purpose, community of Because of this, A, B and C became hostile with
interest and in the mode and manner of one another. One day, D invited the young lady
commission of the offense. to go out with him and she accepted the
invitation. Eventually, the young lady agreed to
marry D.
Legal effects of implied conspiracy are: When A, B and C learned about this, they all
• Not all those present at the crime scene will stood up to leave the house of the young lady
be considered conspirators; feeling disappointed. When A looked back at
• Only those who participated in the criminal the young lady with D, he saw D laughing
acts during the commission of the crime menacingly. At that instance, A stabbed D. C
will be considered co-conspirators; and B followed. In this case, it was held that
• Mere acquiescence to or approval of the conspiracy was present.
commission of the crime, without any act of
criminal participation, shall not render one In some exceptional situations, having
criminally liable as co-conspirator. community of design with the principal does
not prevent a malefactor from being regarded
• In the absence of any previous plan or
as an accomplice if his role in the perpetration
agreement to commit a crime, the criminal
 CRIMINAL LAW REVIEWER

49
of the homicide or murder was, relatively did not try to prevent it, he will be liable
speaking, of a minor character. (People v. under the cuadrilla rule; and (c) if the
Nierra) lookout was not present when the homicide
was committed, he will not be liable for the
Illustration: rape
There was a planned robbery, and the taxi but he will still be liable for the homicide under
driver was present during the planning. the conspiracy theory.

The taxi driver agreed for the use of his cab but
said, ―I will bring you there, and after
committing the robbery I will return later.‖ The
taxi driver brought the conspirators where the
robbery would be committed. After the robbery
was finished, he took the conspirators back to
his taxi and brought them away.

It was held that the taxi driver was liable only

as an accomplice. His cooperation was not
really indispensable. The robbers could have
engaged another taxi. The taxi driver did not
really stay during the commission of the
robbery. At most, what he only extended was
his cooperation.

Siton v. CA, (1991):

The idea of a conspiracy is incompatible with
the idea of a free-for-all. It is not enough that
the attack be joint and simultaneous; it is
necessary that the assailants be animated by
one and the same purpose. A conspiracy must
be shown to exist as clearly and convincingly
as the crime itself.

There is no definite opponent or definite intent

as when a basketball crowd beats a referee to
death.

Distinctions between the liability of a

conspirator and that of a member of a band
where the crime committed is robbery which is
attended by other crimes.
(1) A conspirator is liable only for such other
crimes which could be foreseen and which
are the natural and logical consequences of
the conspiracy. Thus, if the conspiracy is
only to rob the victim, rape is not a
foreseeable
consequence. (People v. Castillo)

(2) A member of a band in a robbery cuadrilla,

on the other hand, is liable for all assaults,
inclusive of rape and homicide, where he
was present when these crimes were being
committed but he did not attempt to
prevent the same. (Art. 296 (2), RPC).

(3) If both conspiracy to rob and cuadrilla are

present, both rules may apply, in this
manner: (a) If a homicide was committed,
the lookout is liable therefore under the
conspiracy theory; (b) if a rape was
committed and the lookout was present but
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2 Concepts How
of Stage incurred Legal requirements Illustration
Conspiracy
A, B, C and D came to
an agreement to
commit rebellion. Their
agreement was to ring
about the rebellion on a
certain date.
Even if none of them
• The RPC must specifically punish has performed the act
the act of conspiring (and of rebellion, there is
proposing) already criminal liability
• The act MUST NOT BE arising from the
AS A Mere ACCOMPLISHED, else the conspiracy to commit
Preparator the rebellion.
FELONY agreemen conspiracy is obliterated and the
y acts ACT ITSELF IS PUNISHED. But if anyone of them
IN ITSELF t
• QUANTUM OF PROOF: has committed the
overt act of rebellion,
Conspiracy as a crime must be
the crime of all is no
established beyond reasonable
longer conspiracy but
doubt rebellion itself.
This subsists even
though the other co-
conspirators do not
know that one of them
had already done the
act of rebellion.
• Participants acted in concert or
simultaneously or IN ANY WAY Three persons plan to
which is indicative of a meeting rob a bank. For as long
of the minds towards a common
as the conspirators
criminal goal or criminal
objective. merely entered the
bank there is no crime
• The act of meeting together is
yet. But when one of
not necessary as long as a
common objective can be them draws a gun and
AS A Commissi discerned from the overt acts. disarms the security
Executory
BASIS FOR on of • THE ACT MUST BE guard, all of them shall
acts
LIABILITY overt act ACCOMPLISHED, if there is only be held liable, unless a
conspiracy or proposal, THERE IS coconspirator was
NO CRIME TO BE PUNISHED. absent from the scene
• QUANTUM OF PROOF: of the crime or he
Reasonably inferred from the showed up, but he tried
acts of the offenders when such to prevent the
acts disclose or show a common commission of the
pursuit of the criminal objective. crime.
(People v. Pinto)

G. Multiple
Offenders
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51
Quasi- Habitual
Recidivism/
Habituality/Reiteracio Recidivism; Art. Delinquency;
Reincindencia; Art.
n/ Repetition; Art. 14 160 Art. 62 (5)
14 (9)
(10)
Before serving Specified:
Sufficient that the or while serving 1. less serious or
offender have been Necessary that the sentence, the serious physical
previously convicted by offender injuries
Crimes
committe
final judgment for offender shall have commits a 2. robbery
another crime served out his sentence felony (NOT a 3. theft
d embraced in the same for the crime)
4. estafa
title of the Code on 5. falsification
the date of his trial first offense

Period of Before serving or Within 10 years

time the while serving from his last
crimes No period of time sentence release or
are conviction
committe
d
Number The second conviction The previous and Offender
of for an offense embraced subsequent offenses commits a felony Guilty the
crimes in the same title of RPC must NOT be embraced third time
committe in the or oftener
d
same title of the RPC

Imposes the
Not always an maximum of the
If not offset by any
aggravating penalty for the
mitigating An additional
Their circumstance new offense,
circumstance, increase penalty shall be
effects and cannot be
the penalty only to the imposed
offset by any
maximum
mitigating
circumstance
(4) Offender is convicted of the new offense
1. Recidivism
Note: What is controlling is the time of trial,
Basis: the greater perversity of the offender, as not the time of commission of the crime.
shown by his inclination to commit crimes (Reyes, Revised
Penal Code)
A recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime 2. Habituality (Reiteracion)
embraced in the same title
of the Revised Penal Code. (People v. Basis: same as recidivism
Lagarto, 1991)
Requisites
Requisites (1) Accused is on trial for an offense
(1) Offender is on trial for an offense (2) He previously served sentence
(2) He was previously convicted by final a. for another offense to which the
judgment of another crime law attaches an equal or greater penalty,
(3) Both the first and second offenses are OR
embraced in the same title of the RPC
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52
b. for two or more crimes to which H. Complex Crimes and
it attaches lighter penalty than that for
the new offense Special
(3) He is convicted of the new offense Complex Crimes

3. Quasi-Recidivism
Plurality of Crimes (Concursu de delitos)
Art. 160. Commission of another crime
(1) Consists of the successive execution
during service of penalty imposed for
(2) by the same individual
another offense; Penalty. — Besides the
(3) of different criminal acts
provisions of Rule 5 of Article 62, any person
(4) for any of which no conviction has
who shall commit a felony after having been
yet been declared.
convicted by final judgment, before
beginning to serve such sentence, or while
Philosophy behind plural crimes
serving the same, shall be punished by the
Through the concept of plural crimes, several
maximum period of the penalty prescribed
by law for the new felony. crimes are treated as one. The purpose of this
is to allow leniency towards the offender, who,
instead of being made to suffer distinct
penalties for every resulting crime is made to
4. Habitual Delinquency suffer one penalty only, although it is the
Art. 62, last par. For the purpose of this penalty for the most serious one and is
article, a person shall be deemed to be imposed in its maximum period.
habitual delinquent, if within a period of ten
years from the date of his release or last Note: If by complexing the crime, the penalty
conviction of the crimes of serious or less would turn out to be higher, do not
serious physical injuries, robo, hurto estafa complex anymore.
or falsification, he is found guilty of any of
said crimes a third time or oftener. PLURALITY OF
RECIDIVISM
CRIMES
Requisites There is no There must be
(1) Offender had been convicted of any of the conviction for any conviction by final
crimes of serious or less serious physical of the crimes judgment of the first or
injuries, robbery, theft, estafa, or committed. prior offense.
falsification
(2) After that conviction or after serving his A Complex crime is not just a matter of
sentence, he again committed, and, within penalty, but of substance under the Revised
10 years from his release or first conviction, Penal Code.
he was again convicted of any of the said
crimes for the second time
Kinds of Plurality of Crimes
(3) After his conviction of, or after serving a. Real or Material Plurality
sentence for, the second offense, he again (1) There are different crimes in law as
committed, and, within 10 years from his well as in the conscience of the
last release or last conviction, he was again offender.
convicted of any of said (2) In such cases, the offender shall be
offenses, the third time or oftener punished for each and every offense
that he committed.
Purpose of the law in imposing additional
penalty To render more effective social Illustration:
defense and the reformation of habitual A stabbed B. Then, A also stabbed C. There
delinquents (REYES, quoting are two crimes committed.
People v. Abuyen)
b. Formal or Ideal Plurality
See also: Aggravating circumstances
(1) There is but one criminal liability in
this kind of plurality.
(2) Divided into 3 groups:
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(a) Complex Crimes - When the Two kinds of complex crimes
offender commits either of the (ASKED 4 TIMES IN BAR EXAMS)
complex crimes defined in Art.
48 of the Code. a. Compound Crime (Delito
(b) Special Complex Crimes -
Compuesto)
When the law specifically fixes
A single act results in two or more grave or less
a single penalty for 2 or more
grave felonies.
offenses committed.
(c) Continuing and Continued
Requisites:
Crimes - A single crime
(1) That only a single act is performed by
consisting of a series of acts
the offender
but all arising from one
criminal resolution.
Single Act Several Acts
Throwing a hand Submachine gun – because
1. Complex Crimes grenade of the number of bullets
released
(ASKED 5 TIMES IN BAR EXAMS)
A single bullet Firing of the revolver twice in
Art. 48. Penalty for complex crimes.
killing two succession
When a single act constitutes two or
person
more grave or less grave felonies, or
when an offense is a necessary means
for committing the other, the penalty for (2) That the single acts produces:
the most serious crime shall be imposed, i. 2 or more grave felonies, or ii. 1 or more
the same to be applied in its maximum grave and 1 or more less grave felonies, or
period. iii. 2 or more less grave felonies

Art. 48 requires the commission of at least Light felonies produced by the same act should
2 crimes. But the two or more GRAVE or be treated and punished as separate offenses or
LESS GRAVE felonies must be may be absorbed by the grave felony.
(1) the result of a single act, or
(2) an offense must be a necessary means Illustration:
for committing the other. When the crime is committed by force or
violence, slight physical injuries are absorbed.
Nature of complex crimes
Although two or more crimes are actually So that when an offender performed more than
committed, they constitute only one crime, one act, although similar, if they result in
in the eyes of the law; and in the separate crimes,
conscience of the offender. i. there is no complex crime at all,
ii. instead, the offender shall be prosecuted
Even in the case where an offense is a for as many crimes as are committed
necessary means for committing the other, under separate information.
the evil intent of the offender is only one.
Hence, there is only one penalty imposed Compound crimes under Art. 48 is also
for the commission of a complex crime. applicable to crimes through negligence. Thus, a
municipal mayor who accidentally discharged
his revolver, killing a girl and injuring a boy was
Monteverde vs. People (2002): No
found guilty of complex crime of homicide with
complex crime when: less serious physical injuries
1. Two or more crimes are committed, but through reckless imprudence. (People v. Castro)
not by a single act;
2. Committing one crime is not a Example of a compound crime:
necessary means for committing the other The victim was killed while discharging his duty
as barangay captain to protect life and property
(or others)
and enforce law and order in his barrio.
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The crime is a complex crime of homicide with misappropriated, the subsequent
assault upon a person in authority. falsification of a public or official
document involving said offense is a
When in obedience to an order several accused separate offense.
simultaneously shot many persons, without (e) No complex crime where one of the
evidence how many each killed, there is only a offenses is penalized by a special law.
single offense, there being a single criminal (f) There is no complex crime of rebellion
impulse. with murder, arson, robbery, or other
common crimes (People v. Hernandez;
b. Complex Crime Proper (Delito Enrile v. Salazar).
Complejo) (g) In case of continuous crimes.
(h) When the other crime is an indispensable
An offense is a necessary means for committing
element of the other offense.
the other.
General rules in complexing crimes:
In complex crime, when the offender executes
various acts, he must have a single purpose. (a) When two crimes produced by a single
act are respectively within the exclusive
jurisdiction of two courts of different
But: When there are several acts performed, the
jurisdiction, the court of higher
assumption is that each act is impelled by a
jurisdiction shall try the complex
distinct criminal impulse, hence each will have a
crime.
separate penalty.
(b) The penalty for complex crime is the
penalty for the most serious crime,
Requisites:
the same to be applied in its maximum
(1) That at least two offenses are
period.
committed
(c) When two felonies constituting a complex
(2) That one or some of the offenses must
crime are punishable by imprisonment
be necessary to commit the other
and fine, respectively, only the penalty of
(3) That both or all the offenses must be
imprisonment should be imposed.
punished under the same statute.
(d) Art. 48 applies only to cases where the
Code does not provide a definite specific
Note: The phrase ―necessary means‖ does penalty for a complex crime.
not mean
(e) One information should be filed when a
―indispensable means‖ complex crime is committed.
(f) When a complex crime is charged and
People vs. Comadre (2004): one offense is not proven, the accused
The single act by appellant of detonating a can be convicted of the other.
hand grenade may quantitatively constitute a (g) Art. 48 also applies in cases when out of
cluster of several separate and distinct a single act of negligence or imprudence,
offenses, yet these component criminal two or more grave or less grave felonies
offenses should be considered only as a resulted, but only the first part is
single crime in law on which a single penalty applicable, i.e. compound crime. The
is imposed because the offender was second part of Art. 48 does not apply,
impelled by a ―single criminal impulse‖ referring to the complex crime proper
which shows his lesser degree of perversity. because this applies or refers only to a
deliberate commission of one offense to
No complex crime proper: commit another offense.
(a) Subsequent acts of intercourse, after
forcible abduction with rape, are separate
acts of rape. 2. Special Complex/Composite
(b) Not complex crime when trespass to crimes
dwelling is a direct means to commit a
grave offense. The substance is made up of more than one
(c) No complex crime, when one offense is crime but which in the eyes of the law is only
committed to conceal the other. (1) a single indivisible offense.
(d) When the offender already had in his
possession the funds which he
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(2) all those acts done in pursuance of the
crime agreed upon are acts which Although there is a series of acts, there is
constitute a single crime. only one crime committed. Hence, only one
penalty shall be imposed.
Special Complex Crimes
(1) Robbery with Homicide (Art. 294 (1)) Real or material
(2) Robbery with Rape (Art. 294 (2)) Continued Crime
plurality
(3) Robbery with Arson
There is a series of acts performed by the
(4) Kidnapping with serious physical injuries
offender.
(Art.
267 (3)) Each act performed The different acts
(5) Kidnapping with rape constitutes a constitute only one
(6) Rape with Homicide (Art. 335) separate crime crime because all of
(7) Arson with homicide because each act is the acts performed
generated by a arise from one
When crimes involved cannot be legally criminal impulse criminal resolution.
complexed, viz:
(1) Malicious obtention or abusive service of People v. De Leon (1926): a thief who took
search warrant (Art. 129) with perjury; from a yard of a house two game roosters
(2) Bribery (Art. 210) with infidelity in the belonging to two different persons was ruled
custody of prisoners; to have committed only one crime of theft,
(3) Maltreatment of prisoners (Art. 235) with because there is a unity of thought in the
serious physical injuries; criminal purpose of the offender. The accused
(4) Usurpation of real rights (Art. 312) with was animated by a single criminal impulse.
serious physical injuries; and
(5) Abandonment of persons in danger (Art. A continued crime is not a complex crime.
275) and crimes against minors (Art. 276 • The offender here does not perform a
to 278) with any other felony. single act, but a series of acts, and one
offense is not a necessary means for
continuing the other.
3. Continued and Continuing
• Hence, the penalty is not to be imposed
Crimes in its maximum period.
(Delito Continuado)
A continued crime is different from a
Continued crime (continuous or continuing) - A transitory crime (moving crime.) in criminal
single crime, consisting of a series of acts but all procedure for purposes of determining
arising from one criminal resolution. venue.

Cuello Calon explains the delito continuado in When a transitory crime is committed, the
this way: When the actor , there being unity of criminal action may be instituted and tried in
purpose and of right violated, commits diverse the court of the municipality, city or province
acts, each one of which, although of a delictual wherein any of the essential ingredients
character, merely constitutes a partial execution thereof took place.
of a single particular delict, such delictual acts is
called delito continuado. Example: One who on (ASKED TWICE IN BAR EXAMS)
several occasions steals wheat deposited in a While Article 48 speaks of a complex crime
granary. Each abstraction constitutes theft, but where a single act constitutes two or more
instead of imposing on the culprit different grave or less grave offenses, those cases
penalties for each theft committed, he is involving a series of acts resulting to two or
punished for only one ―hurto continuado‖ for more grave and less grave felonies, were
the total sum or value abstracted. considered by the Supreme Court as a
complex crime when it is shown that the act
Continuing offense - A continuous, unlawful is the product of one single criminal impulse.
act or series of acts set on foot by a single
impulse and operated by an unintermittent TIP: If confronted with a problem, the
force, however long a time it may occupy. Supreme Court has extended this class of
 CRIMINAL LAW REVIEWER

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complex crime to those cases when the
offender performed not a single act but a Whenever the Supreme Court concludes that the
series of acts as long as it is the product of a criminals should be punished only once,
single criminal impulse because they acted in conspiracy or under the
same criminal impulse:
People v. Garcia (1980): • it is necessary to embody these crimes
• The accused were convicts who were under one single information.
members of a certain gang and they • It is necessary to consider them as
conspired to kill the other gang. complex crimes even if the essence of
• Some of the accused killed their victims the crime does not fit the definition of Art
in one place within the same 48, because there is no other provision in
penitentiary, some killed the others in the RPC.
another place within the same
penitentiary. Applying the concept of the ―continued
• The Supreme Court ruled that all accused crime‖, the following cases have been
should be punished under one treated as constituting one crime only:
information because they acted in i. People v. Tumlos, (1939): The theft of 13
conspiracy. cows belonging to two different persons
• The act of one is the act of all. committed by the accused at the same
place and period of time;
• Because there were several victims killed
ii. People v. Jaranilla, (1974): The theft of six
and
roosters belonging to two different owners
some were mortally wounded, the accused from the same coop and at the same period
should be held for the complex crime of of time;
multiple homicide with multiple frustrated
iii. People v. Sabbun, (1964): The illegal
homicide.
charging of fees for service rendered by a
• There is a complex crime not only when lawyer every time he collected veteran‘s
there is a single act but a series of acts. benefits on behalf of a client who agreed
• It is correct that when the offender acted in that attorney‘s fees shall be paid out of such
conspiracy, this crime is considered as one benefits. The collections of legal fees were
and prosecuted under one information. impelled by the same motive, that of
Although in this case, the offenders did not only collecting fees for services rendered, and all
kill one person but killed different persons, the acts of collection were made under the
Supreme Court considered this as complex. same criminal impulse.

The Supreme Court declined to apply the

concept in the following cases:
i. People v. Dichupa, (1961): Two estafa cases,
one which was committed during the period
from January 19 to December, 1955 and the
other from January 1956 to July 1956. Said
acts were committed on two different
occasions;
ii. People v. CIV: Several malversations
committed in May, June and July 1936 and
falsifications to conceal said offenses
committed in August and October, 1936.
The malversations and falsifications were
not the result of one
resolution to embezzle and falsity;

In the THEFT cases:

The trend is to follow the single larceny
doctrine:
i. taking of several things, ii. whether
belonging to the same or different
owners,
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iii. at the same time and place, constitutes one one Note: The concept of delito continuado
larceny only. has been applied to crimes under special laws
since in Art. 10, the RPC shall be supplementary
Abandoned is the doctrine that the government to special laws, unless the latter provides the
contrary.
offense or for as many distinct offenses as there are
victims.

CHAPTER III. CIRCUMSTANCES WHICH AFFECT CRIMINAL

LIABILITY

A. JUSTIFYING CIRCUMSTANCES
B. EXEMPTING CIRCUMSTANCES
C. MITIGATING CIRCUMSTANCES
D. AGGRAVATING CIRCUMSTANCES
E. ALTERNATIVE CIRCUMSTANCES
F. ABSOLUTORY CAUSE

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

NO WRONG THERE IS A THERE IS A THERE IS A FELONY THERE IS A FELONY
WRONG FELONY
No criminal No criminal Decreased Increased criminal Increased or decreased
liability liability criminal liability liability
liability
With civil
No civil liability liability Except:
Except: state of accident; With civil liability With civil liability With civil liability
necessity insuperable
cause
has the discretion to prosecute the accused for
Imputability – is the quality by which an act
may be ascribed to a person as it author or
owner. It implies that the act committed has A. Justifying Circumstances
been freely and consciously done and may,
therefore, be put down to th doer as his very (ASKED 30 TIMES IN BAR EXAMS)
own
FIVE TYPES of justifying circumstances:
Responsibility – is the obligation of suffering 1. Self defense
the consequences of crime. It is the obligation 2. Defense of relatives
of taking the penal and civil consequences of
3. Defense of strangers
the crime.
4. Avoidance of a greater evil
5. Fulfillment of duty
Imputability distinguished from
responsibility – while imputability implies 6. Obedience to an order issued for
that a deed may be imputed to a person, some lawful purpose
responsibility implies that the person must
take the consequences of such a deed. Guilt – Justifying Circumstances – those where the
is an element of responsibility, for a man act of a person is said to be in accordance with
cannot be made to answer for the law, so that such person is deemed not to have
consequences of a crime unless he is guilty. transgressed the law and is free from both
(Reyes, Revised Penal criminal and civil liability. There is no civil
Code) liability except in par. 4, Art. 11, where the civil
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liability is borne by the persons benefited by
the act.

An affirmative defense, hence, the burden of

evidence rests on the accused who must prove
the circumstance by clear and convincing
evidence.

There is NO crime committed, the act being

justified. Thus, such persons cannot be
considered criminals.

Basis: Lack of criminal intent

1. Self Defense
Includes not only the defense of the person or
body of the one assaulted but also that of his
rights, the enjoyment of which is protected by
law. It includes:

a. The right to honor. Hence, a slap on the

face is considered as unlawful aggression
since the face represents a person and his
dignity. (Rugas vs, People)

b. The defense of property rights can be

invoked if there is an attack upon the
property although it is not coupled with an
attack upon the person of the owner of the
premises. All the elements for justification
must however be present. (People v.
Narvaez)

Elements:
a. Unlawful aggression
(1) Equivalent to an actual physical assault;
OR threatened assault of an immediate
and imminent kind which is offensive
and positively strong, showing the
wrongful intent to cause harm.
(2) The aggression must constitute a
violation of the law. When the
aggression ceased to exist, there is no
longer a necessity to defend one‘s self.
EXCEPT: when the
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aggressor retreats to obtain a more Marzonia v. People (2006): Held: As the Court
advantageous position to ensure the previously held, mortally wounding an assailant
success of the initial attack, unlawful with a penknife is not a reasonably necessary
aggression is deemed to continue. means to repel fist blows.
(3) Must come from the person attacked by
the accused. a. Defense of Honor:
(4) Unlawful aggression must also be a
continuing circumstance or must have People v. Dela Cruz (1935): Accused was
been existing at the time the defense is found guilty of homicide for stabbing and killing
made. Once the unlawful aggression is Rivera.
found to have ceased, the one making
Prosecution claimed that Dela Cruz and Rivera
the defense of a stranger would
had a relationship and that the accused was
likewise cease to have any justification
madly in love with the deceased and was
for killing, or even just wounding, the
extremely jealous of another woman with
former aggressor. [People vs. Dijan
whom Rivera also had a relationship. Dela Cruz
(2002)] claimed, on the other hand, that on her way
home one evening, Rivera followed her,
Note: No unlawful aggression when there embraced and kissed her and touched her
was an agreement to fight and the private parts. She didn‘t know that it was
challenge to fight was accepted. BUT Rivera and that she was unable to resist the
aggression which is ahead of an agreed strength of Rivera so she got a knife from her
time or place is unlawful aggression. pocket and stabbed him in defense of her
honor.
b. Reasonable necessity of means
employed to Held: She is justified in using the pocketknife in
prevent or repel it. repelling what she believed to be an attack
upon her honor. It was a dark night and she
Test of reasonableness The could not have identified Rivera. There being
means employed depends no other means of self-defense.
upon:
(1) nature and quality of the weapon used People v. Juarigue (1946): Amado (deceased)
by the aggressor has been courting the accused Avelina in vain.
(2) aggressor‘s physical condition, On the day of the crime, Avelina and Amado
character, size, and other were in Church. Amado sat beside Avelina and
circumstances (3) and those of the placed his hand on her thigh. Thereafter,
person defending himself Avelina took out her knife and stabbed Amado
(4) the place and occasion of the assault. in the neck, causing the death of Amado.

c. Lack of sufficient provocation on part Held: Although the defense of one‘s honor
of defender exempts one from criminal liability, it must be
(1) In case there was a provocation on the proved that there is actual danger of being
part of the person attacked, the attack raped. In this case, 1) the church was well-lit,
should not immediately precede the 2) there were several people in the church,
provocation for defense to be valid. including the father of the accused and other
(2) Never confuse unlawful aggression with town officials. In light of these circumstances,
provocation. accused could not have possibly been raped.
(3) Mere provocation is not enough. It must The means employed in defense of her honor
be real and imminent. Unlawful was evidently excessive.
aggression is an indispensable
requisite.
b. Defense of Property:
(4) If there is unlawful aggression but one
of the other requisites is lacking, it is
considered an incomplete self-defense People vs. Apolinar: This can only be
which mitigates liability. invoked as justifying circumstance if
(5) Self-defense includes the defense of (1) Life and limb of the person making the
one‘s rights, that is, those rights the defense is also the subject of unlawful
enjoyment of which is protected by law. aggression
(6) Retaliation is different from an act of (2) Life cannot be equal to property.
selfdefense.
People v. Narvaez (1983): Narvaez was
taking his rest inside his house when he heard
that the wall of his house was being chiseled.
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He saw that Fleischer and Rubia, were fencing The sons of A honestly believe that their father
the land of the father of the deceased Fleischer. was the victim of an unlawful aggression when
He asked the group to stop but they refused. in fact it was their father who attacked B. If
The accused got mad so he got his shotgun and they killed B under such circumstances, they
shot Fleischer. Rubia ran towards the jeep and are justified.
knowing there is a gun on the jeep, the accused
fired at Rubia as well. Narvaez claimed he Balunueco v. CA (2003):
acted in defense of his person and rights. Held: Of the three (3) requisites of defense of
relatives, unlawful aggression is a condition
Held: There was aggression by the deceased sine qua non, for without it any defense is not
not on the person of the accused but on his possible or justified. In order to consider that an
property rights when Fleischer angrily ordered unlawful aggression was actually committed, it
the continuance of the fencing. The third is necessary that an attack or material
element of self-defense is also present because aggression, an offensive act positively
there was no sufficient provocation on the part determining the intent of the aggressor to
of Narvaez since he was sleeping when the cause an injury shall have been made;a mere
deceased where fencing. threatening or intimidating attitude is not
However, the second element was lacking. sufficient to justify the commission of an act
Shooting the victims from the window of his which is punishable per se, and allow a claim of
house is disproportionate to the physical exemption from liability on the ground that it
aggression by the victims. Thus, there is was committed in self-defense or defense of a
incomplete self-defense. relative.

3. Defense of Strangers

2. Defense of Relatives Elements:

(1) Unlawful aggression;
Elements: (2) Reasonable necessity of the means
(1) Unlawful aggression employed to prevent or repel it;
Unlawful aggression may not exist as a matter (3) The person defending be not induced
of fact, it can be made to depend upon the by revenge, resentment or other evil
honest belief of the one making the defense. motive.
Reason: The law acknowledges the possibility
that a relative, by virtue of blood, will Note: If the person being defended is a second
instinctively come to the aid of their relatives. cousin, it will be defense of stranger.

(2) Reasonable necessity of means Basis: What one may do in his defense,
employed to prevent or repel it another may do for him. The ordinary man
would not stand idly by and see his companion
(3) In case person attacked provoked killed without attempting
attacker defender must have no part to save his life
therein
4. Avoidance of a Greater Evil
Reason: Although the provocation prejudices
the person who gave it, its effects do not reach
Requisites:
the defender who took no part therein, because
(1) Evil sought to be avoided actually
the latter was prompted by some noble or
exists
generous
(2) Injury feared be greater than that
sentiment in protecting and saving a relative
done to avoid it
(3) There is no other practical & less
Relatives entitled to defense: i. Spouse ii.
harmful means of preventing it
Ascendants iii. Descendants iv. legitimate,
natural or adopted Brothers/Sisters v.
The evil or injury sought to be avoided must
Relatives by affinity in the same degree vi.
not have been produced by the one invoking
Relatives by consanguinity w/in the 4th
the justifying circumstances.
civil
degree
GENERAL RULE: No civil liability in justifying
circumstances because there is no crime.
Illustration:
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EXCEPTION: There is CIVIL LIABILITY under (1) Offender acted in performance of duty
this paragraph. Persons benefited shall be or lawful exercise of a rig ht/office
liable in proportion to the benefit which they (2) The resulting felony is the
have received. unavoidable consequence of the due
fulfillment of the duty or the lawful
Illustration: exercise of the right or office.
A drove his car beyond the speed limit so much
so that when he reached the curve, his vehicle Note: If the first condition is present, but the
skidded towards a ravine. He swerved his car second is not because the offender acted with
towards a house, destroying it and killing the culpa, the offender will be entitled to a
occupant therein. A cannot be justified because privileged mitigating circumstance. The penalty
the state of necessity was brought about by his would be reduced by one or two degrees.
own felonious act.
People v. Ulep (2000): Accused-appellant and
Ty v. People (2004): Ty's mother and sister the other police officers involved originally set
were confined at the Manila Doctors' Hospital. out to restore peace and order at Mundog
Ty signed the "Acknowledgment of Subdivision where the victim was then running
Responsibility for Payment" in the Contract of amuck. The victim threatened the safety of the
Admission. The total hospital bills of the two police officers despite accused-appellant's
patients amounted to P1,075,592.95. Ty previous warning shot and verbal admonition
executed a promissory note wherein she to the victim to lay down his weapon.
assumed payment of the obligation in
installments. To assure payment of the
Held: As a police officer, it is to be expected
obligation, she drew 7 postdated checks
that accused-appellant would stand his
against Metrobank payable to the hospital
ground. Up to that point, his decision to
which were all dishonored by the drawee bank
respond with a barrage of gunfire to halt the
due to insufficiency of funds. As defense, Ty
victim's further advance was justified under
claimed that she issued the checks because of
the circumstances. A police officer is not
―an uncontrollable fear of a greater injury.‖
required to afford the victim the opportunity to
She averred that she was forced to issue the
fight back. Neither is he expected – when hard
checks to obtain release for her mother who
pressed and in the heat of such an encounter
was being inhumanely treated by the hospital.
at close quarters – to pause for a long moment
She alleged that her mother has contemplated
and reflect coolly at his peril, or to wait after
suicide if she would not be discharged from
each blow to determine the effects thereof.
the hospital. Ty was found guilty by the lower
But he cannot be exonerated from overdoing
courts of 7 counts of violation of BP22.
his duty when he fatally shot the victim in the
head, even after the latter slumped to the
Held: The court sustained the findings of the ground due to multiple gunshot wounds
lower courts. The evil sought to be avoided is sustained while charging at the police officers.
merely expected or anticipated. So the Sound discretion and restraint dictated that a
defense of an uncontrollable fear of a greater veteran policeman should have ceased firing
injury‖ is not applicable. Ty could have taken at the victim the moment he saw the latter fall
advantage of an available option to avoid to the ground. The victim at that point no
committing a crime. By her own admission, longer posed a threat. Shooting him in the
she had the choice to give jewelry or other head was obviously unnecessary.
forms of security instead of postdated checks
to secure her obligation.
The law does not clothe police officers with
authority to arbitrarily judge the necessity to
Moreover, for the defense of state of necessity kill- it must be stressed that their judgment
to be availing, the greater injury feared should and discretion as police officers in the
not have been brought about by the performance of their duties must be exercised
negligence or imprudence, more so, the willful neither capriciously nor oppressively, but
inaction of the actor. In this case, the issuance within reasonable limits.
of the bounced checks was brought about by
Ty's own failure to pay her mother's hospital
Mamagun vs. People (2007): A policeman in
bills.
pursuit of a snatcher accidentally shot one of
the bystanders who was actually helping him
5. Fulfillment of Duty or Lawful chase the snatcher.
Exercise of Right or office
Held: To be sure, acts in the fulfillment of a
duty, without more, do not completely justify
Requisites:
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the petitioner’s firing the fetal gunshot at the
victim. People v. Oanis (1943): Although an officer in
True, petitioner, as one of the policemen making a lawful arrest is justified in using such
responding to a reported robbery then in force as is reasonably necessary to secure and
progress, was performing his duty as a police detain the offender, overcome his resistance,
officer as well as when he was trying to effect prevent his
the arrest of the suspected robber and in the escape, recapture him if he escapes, and
process, fatally shoot said suspect, albeit the protect himself from bodily harm, yet he is
wrong man. However, in the absence of the never justified in using unnecessary force or in
equally necessary justifying circumstance that treating him with wanton violence or in
the injury of offense committed be the resorting to dangerous means when the arrest
necessary consequence if the due
could be effected otherwise.
performance of such duty, there can only be
incomplete justification, a privilege mitigating People v. Beronilla (1955):
circumstance under Art. 13 and 69 of the RPC. Held: Where the accused acted upon orders of
There can be no quibbling that there was no superior officers that the, as military
rational necessity for the killing of Contreras. subordinates, could not question, and obeyed
Petitioner could have first fired a warning shot in good faith, without being aware of their
before pulling the trigger against Contreras illegality, without any fault or negligence on
who was one of the residents chasing the their part, the act is not accompanied by
suspected robber. criminal intent. A crime is not committed if the
mind of the person performing the act be
innocent.

People v. Delima (1922): Napilon escaped

from the jail where he was serving sentence. Justifying vs. Exempting Circumstance
Some days afterwards the policeman, Delima, JUSTIFYING EXEMPTING
who was looking for him found him in the CIRCUMSTANCE CIRCUMSTANCE
house of Alegria, armed with a pointed piece of
It affects the act, not It affects the actor,
bamboo in the shape of a lance. Delima
the actor. not the act.
demanded the surrender of the weapon but
Napilon refused. Delima fired his revolver to The act is considered
impose his authority but the bullet did not hit to have been done The act complained
him. The criminal ran away and Delima went within the bounds of of is actually
after him and fired again his revolver this time law; hence, wrongful, but the
hitting and killing him. legitimate and lawful actor is not liable.
in the eyes of the law.
Held: The killing was done in the performance Since the act
of a duty. The deceased was under the complained of is
obligation to surrender and had no right, after actually wrong, there
evading service of his sentence, to commit Since the act is
is a crime but since
assault and disobedience with a weapon in his considered lawful,
the actor acted
hand, which compelled the policeman to resort there is no liability.
without
to such extreme means, which, although it voluntariness, there
proved to be fatal, was justified by the is no dolo or culpa.
circumstance.
There is a crime,
although there is no
6. Obedience to an order issued There is no criminal or
criminal, so there is
for some lawful purpose civil liability (Except:
civil liability.
Art. 12, par. 4 and 7
Requisites: where there is no civil
(1) Order must have been issued by a liability.
superior
(2) The order is for some lawful purpose Anti-Violence against Women and
(3) The means used to carry it out must Their Children Act of 2004 (R.A.
be lawful
9262)  Battered Woman Syndrome-
refers to a scientifically defined
Note: A subordinate is not liable for carrying pattern of psychological and behavioral
out an illegal order of his superior if he is not symptoms found in women living in battering
aware of the illegality of the order and he is not
relationships as a result of cumulative abuse.
negligent.
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 Battered Woman Syndrome as a (1) The woman believes that the violence was
Defense. her fault;
(2) She has an inability to place the
– Victim-survivors who are found by the responsibility for the violence elsewhere;
courts to be suffering from battered (3) She fears for her life and/or her children‘s
woman syndrome do not incur any life
criminal and civil liability (4) She has an irrational belief that the abuser
notwithstanding the absence of any of is omnipresent and omniscient.
the elements for justifying
circumstances of self-defense under the B. Exempting Circumstances
Revised Penal Code.
(ASKED 14 TIMES IN BAR EXAMS)
In the determination of the state of
mind of the woman who was suffering SIX TYPES of exempting circumstances:
from battered woman syndrome at the 1. Imbecility/Insanity
time of the commission of the crime, 2. Minority
the courts shall be assisted by expert 3. Accident
psychiatrists/ 4. Compulsion of irresistible force
psychologists [SECTION 26, RA 9262]
5. Impulse of uncontrollable fear
6. Insuperable or lawful cause
In People Vs. Genosa, the Court ruled that
the battered woman syndrome is characterized
IMPORTANT POINTS:
by a ―CYCLE OF VIOLENCE‖, which is made up
The reason for the exemption lies in the
of three phases.
involuntariness or lack of knowledge of the act:
(1) one or some of the ingredients of criminal
i. First Phase: Tension Building Phase
liability such as criminal intent, intelligence,
or freedom of action on the part of the
(1) Where minor battering occurs, it could be a offender is missing
verbal or slight physical abuse or another (2) In case it is a culpable felony, there is
form of hostile behavior. absence of freedom of action or
(2) The woman tries to pacify the batterer intelligence, or absence
through a show of kind, nurturing behavior, of negligence, imprudence, lack of foresight
or by simply staying out of the way. or lack of skill.
(3) But this proves to be unsuccessful as it only
gives the batterer the notion that he has
the right to abuse her. 1. Insanity and Imbecility
ii. Second Phase: Acute Battering Incident Imbecile - One who, while advanced in age,
has a mental development comparable to that
(1) Characterized by brutality, destructiveness, of a child between 2 and 7 years of age.
and sometimes death. Exempt in all cases
(2) The battered woman has no control; only from criminal liability
the batterer can stop the violence.
(3) The battered woman realizes that she Insane - There is a complete deprivation of
cannot reason with him and resistance intelligence in committing the act but capable
would only worsen her condition. of having lucid intervals. During a lucid
interval, the insane acts with intelligence and
iii. Third Phase: Tranquil Period thus, is not exempt
from criminal liability
(1) Characterized by guilt on the part of the
batterer and forgiveness on the part of the Insanity is a defense in the nature of confession
woman. and avoidance and must be proved beyond
(2) The batterer may show a tender and reasonable doubt
nurturing behavior towards his partner and
the woman also tries to convince herself Note: There is another school of thought that
that the battery will never happen again believes that insanity, as with other such
and that her partner will change for the defenses, need only be proved to a degree
better. sufficient to raise a reasonable doubt of guilt.

Four Characteristics of the Syndrome: Evidence of insanity must refer to:

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a. the time preceding the act under Child and Youth Welfare Code (P.D.
prosecution or 603, as amended)
b. at the very moment of its execution.
a. Definition of child in conflict with
Insanity subsequent to commission of crime is the law
not exempting
Section 4 (e). "Child in conflict with the
Feeblemindedness is not imbecility. It is law" – a child who is alleged as, accused of, or
necessary that there is a complete deprivation adjudged as, having committed an offense
of intelligence in committing the act, that is, under Philippine laws.
the accused be deprived of reason, that there
is no responsibility for his own acts; that he
b. Minimum age of criminal
acts without the least discernment; that there
be complete absence of the power to discern, responsibility
or that there be a complete deprivation of the
freedom of the will. (People vs. RA 9344, SEC. 6. Minimum Age of Criminal
Formigones). Responsibility. - A child fifteen (15) years of
age or under at the time of the commission of
Cases covered under this article: the offense shall be exempt from criminal
(1) Dementia praecox liability. However, the child shall be subjected
Note: Cited in OLD cases, but is a term no to an intervention program pursuant to Section
longer used by mental health practitioners 20 of this Act.
(2) Kleptomania: if found by a competent
psychiatrist as irresistible A child above fifteen (15) years but below
(3) Epilepsy eighteen (18) years of age shall likewise be
(4) Somnambulism: sleep-walking (People exempt from criminal liability and be subjected
vs. Taneo) to an intervention program, unless he/she has
(5) Malignant malaria: which affects the acted with discernment, in which case, such
nervous system child shall be subjected to the appropriate
proceedings in accordance with this Act.
People vs. Dungo: The insanity that is
exempting is limited only to mental aberration The exemption from criminal liability herein
or disease of the mind and must completely established does not include exemption from
impair the intelligence of the accused. civil liability, which shall be enforced in
accordance with existing laws.
Two tests of insanity:
(1) The test of cognition, or whether the What is the Juvenile Justice and Welfare
accused acted with complete deprivation of System? "Juvenile Justice and Welfare System"
intelligence in committing the said crime; refers to a system dealing with children at risk
(2) The test of volition, or whether the accused and children in conflict with the law, which
acted in total deprivation of freedom of will. provides childappropriate proceedings,
(People vs. Rafanan) including programs and services for prevention,
diversion, rehabilitation, reintegration and
Juridical Effects of Insanity aftercare to ensure their normal growth and
(1) If present at the time of the commission development. (See Title V: Juvenile Justice and
of the crime – EXEMPT from liability. Welfare System of RA 9344).
(2) If present during trial – proceedings will
be SUSPENDED and accused is committed c. Determination of age (Sec. 7, RA
to a hospital. 9344)
(3) After judgment or while serving
sentence – Execution of judgment is PRESUMPTION: Minority of child in conflict
SUSPENDED, the accused is committed to a with the law. S/he shall enjoy all the rights of a
hospital. The period of confinement in the child in conflict with the law until s/he is proven
hospital is counted for the purpose of the to be 18 years old or older.
prescription of the penalty.
The age of a child may be determined from:
• The child‘s birth certificate, 
2. Minority Baptismal certificate, or 
Any other pertinent documents.
Juvenile Justice and Welfare Act of
2006 (R.A. 9344); also refer to In the absence of these documents, age may
be based on:
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• information from the child Upon suspension of sentence and after
himself/herself, considering the various chcumstances of the
• testimonies of other persons,  child, the court shall impose the appropriate
the physical appearance of the disposition measures as provided in the
child, and  other relevant Supreme Court Rule on Juveniles in Conflict
evidence. with the Law. (Sec. 38)

In case of doubt as to the child‘s age, it shall be Discharge of the Child in Conflict with the
resolved in his/her favor. Law. - Upon the recommendation of the social
worker who has custody of the child, the court
d. Exemption from criminal liability shall dismiss the case against the child whose
sentence has been suspended and against
(1) 15 yrs old or below at the time of whom disposition measures have been issued,
commission of offense: absolutely and shall order the final discharge of the child if
exempt from criminal liability but subject to it finds that the objective of the disposition
intervention program measures have been fulfilled.
(2) Over 15 yrs old but below 18: exempt
from criminal liability & subject to The discharge of the child in conflict with the
intervention program law shall not affect the civil liability resulting
 If acted w/ discernment subject to from the commission of the offense, which shall
diversion program be enforced in accordance with law. (Sec. 39)
(3) Below 18 yrs are exempt from:
(1) Status offense
(2) Vagrancy and Prostitution
3. Accident
(Damnum Absque Injuria)
(3) Mendicancy (PD1563)
(4) Sniffing of Rugby (PD 1619)
Requisites:
(1) A person performing a lawful act;
Discernment – mental capacity to
(2) With due care;
understand the difference between right and
(3) He causes an injury to another by mere
wrong as determined by the child‘s appearance
accident;
, attitude, comportment and behavior not only
(4) Without fault or intention of causing it.
before and during the commission of the
offense but also after and during the trial. It is
Accident - something that happens outside
manifested through:
the sway of our will and, although coming
(1) Manner of committing a crime – Thus,
about through some act of our will, lies beyond
when the minor committed the crime
the bounds of humanly foreseeable
during nighttime to avoid detection or
consequences.
took the loot to another town to avoid
discovery, he manifested discernment.
Under Article 12, paragraph 4, the offender is
(2) Conduct of the offender – The accused
exempt not only from criminal but also from
shot the victim with his sling shot and
civil liability.
shouted ―Putang ina mo‖.
Illustration:
Note: The exemption from criminal liability shall
not include exemption from civil liability.  A person who is driving his car within the
speed limit, while considering the condition
of the traffic and the pedestrians at that
Automatic Suspension of Sentence – Once
time, tripped on a stone with one of his car
the child who is under eighteen (18) years of
tires. The stone flew hitting a pedestrian on
age at the time of the commission of the
the head. The pedestrian suffered profuse
offense is found guilty of the offense charged,
bleeding. There is no civil liability under
the court shall determine and ascertain any
paragraph 4 of Article 12. Although this is
civil liability which may have resulted from the
just an exempting circumstance, where
offense committed. However, instead of
generally there is civil liability, yet, in
pronouncing the judgment of conviction, the
paragraph 4 of Article 12, there is no civil
court shall place the child in conflict with the
liability as well as criminal liability. The
law under suspended sentence, without need
driver is not under obligation to defray the
of application: Provided, however, That
medical expenses.
suspension of sentence shall still be applied
even if the juvenile is already eighteen years
(18) of age or more at the time of the 4. Irresistible Force
pronouncement of his/her guilt.
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Elements:
(1) That the compulsion is by means of
physical force. Irresistible Force Uncontrollable Fear
(2) That the physical force must be irresistible.
Irresistible force must Uncontrollable fear
(3) That the physical force must come from a
operate directly upon may be generated by
third person
the person of the a threatened act
accused and the directly to a third
Note: Before a force can be considered to be an
injury feared may be a person such as the
irresistible one, it must produce such an effect
on the individual that, in spite of all resistance, lesser degree than the wife of the accused,
it reduces him to a mere instrument and, as damage caused by but the evil feared
such, incapable of committing the crime. the accused. must be greater or at
(Aquino, Revised least equal to the
Penal Code) damage caused to
avoid it.
People v. Lising (1998) Offender uses Offender employs
physical force or intimidation or threat
Held: To be exempt from criminal liability, a violence to compel in compelling another
person invoking irresistible force must show another person to to commit a crime.
that the force exerted was such that it reduced commit a crime.
him to a mere instrument who acted not only
without will but against his will.
6. Insuperable or Lawful
Causes
5. Uncontrollable Fear
Requisites:
Requisites: (1) That an act is required by law to be done;
(1) That the threat which causes the fear is of (2) That a person fails to perform such act;
an evil greater than or at least equal to, (3) That his failure to perform such act was due
that which he is forced to commit; to some lawful or insuperable cause
(2) That it promises an evil of such gravity and
imminence that the ordinary man would Insuperable means insurmountable.
have succumbed to it.
Illustration:
A threat of future injury is not enough. The Person was arrested for direct assault at 5:00
compulsion must be of such a character as to pm after government offices close. Art 125
leave no opportunity to the accused for escape RPC requires that a person arrested be
or selfdefense in equal combat. delivered to judicial authorities within
prescribed number of hours according to the
Illustration: gravity of offense. But complaint may only be
A is forced at gun point to forge the signature filed the next day when offices open. The
of B. circumstance of time of arrest may be
considered as an insuperable cause.
US v. Exaltacion (1905): Exaltacion and
Tanchico were convicted w/ rebellion based on People v. Bandian (1936): A woman cannot
documents found in the house of Contreras, a be held liable for infanticide when she left her
so-called general of bandits, containing newborn child in the bushes without being
signatures of defendants swearing allegiance aware that she had given birth at all. Severe
to the Katipunan. Defendants aver that these dizziness and extreme debility made it
documents were signed under duress and fear physically impossible for Bandian to take home
of death. They allege further that they were the child plus the assertion that she didn’t
abducted by thieves and that these men know that she had given birth.
forced
the defendants to sign the documents
See Part F for absolutory causes
Held: The duress under which the defendants
acted relieved them from criminal liability . C. Mitigating Circumstances
Prosecution was unable to prove the guilt of
the accused and testimonies of witnesses for (ASKED 19 TIMES IN BAR EXAMS)
the accused further corroborated their
defense. TWELVE TYPES of mitigating circumstances:
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1. Incomplete Justification and Exemption the effect of applying penalty lower by
2. Under 18 or Over 70 years of age the penalty provided by one or two degrees
3. No intention to commit so grave a law for the crime in its than that provided
wrong min period in case of by law for the
4. Sufficient Provocation or Threat divisible penalty crime.
5. Immediate vindication of a grave
offense
1. Incomplete Justification
6. Passion or obfuscation
7. Voluntary surrender
and Exemption
8. Voluntary plea of guilt
The circumstances of justification or exemption
9. Plea to a lower offense which may give place to mitigation, because
10. Physical defect not all the requisites necessary to justify the
11. Illness act or to exempt from criminal liability in the
12. Analogous Circumstances respective cases are attendant, are the
following:
Mitigating circumstances or causas attenuates (1) Self-defense (Art. 11, par. 1)
are those which, if present in the commission of (2) Defense of relatives (Art. 11, par. 2)
the crime, do not entirely free the actor from (3) Defense of strangers (Art. 11, par. 3)
criminal liability, but serve only to reduce the (4) State of necessity (Art. 11, par. 4)
penalty. (5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art.
Basis: They are based on the diminution of 11, par. 6)
either freedom of action, intelligence or intent (7) Minority over 15 years of age but below
or on the lesser perversity of the offender. 18 years of age (Art. 12, par. 3)
However, voluntary surrender and plea of guilt (8) Causing injury by mere accident (Art. 12,
which, being circumstances that occur after the par.4)
commission of the offense, show the accused‘s (9) Uncontrollable fear (Art. 12 par. 6)
respect for the law (voluntary surrender) and
remorse and acceptance of punishment (plea Incomplete justifying circumstances:
of guilt), thereby necessitating a lesser penalty a. Incomplete self-defense, defense of
to effect his rehabilitation (based on the relatives,
Positivist School) defense of stranger

The circumstances under Article 13 are In these 3 classes of defense, UNLAWFUL

generally ordinary mitigating. However, AGGRESSION must always be present. It is an
paragraph 1, is treated as a privileged indispensable requisite.
mitigating circumstance if majority of the
requisites concurred, otherwise, it will be Par. 1 of Art. 13 is applicable only when
treated as an ordinary mitigating circumstance. • unlawful aggression is present
(Reyes, citing Art. 69).
• but one or both of the other 2 requisites are
not present in any of the cases referred to
in circumstances number 1, 2 and 3 or Art.
Correlate Article 13 with Articles 63 and 64. 11.
Article 13 is meaningless without knowing the
rules of imposing penalties under Articles 63 Example: When the one making defense
and 64. against unlawful aggression used unreasonable
means to prevent or repel it, he is entitled to a
TIP: In bar problems, when you are given privileged mitigating circumstance.
indeterminate sentences, these articles are
very important. Note: When two of the three requisites
mentioned therein are present, the case must
Distinctions be considered as a privileged mitigating
Ordinary MC Privileged MC circumstance referred to in Art. 69 of this Code.
Can be offset by any Cannot be offset by (Article 69 requires that a majority of the
aggravating aggravating conditions required must be
circumstance circumstance present.)

If not offset by The effect of

b. Incomplete justifying
aggravating imposing upon the
circumstance of avoidance of
circumstance, produces offender the
greater evil or injury
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Requisites under par. 4 of Art. 11: (2) Incomplete exempting circumstance of
(1) That the evil sought to be avoided uncontrollable fear.
actually exists;
(2) That the injury feared be greater than Requisites under par. 6 of Art. 12:
that done to avoid it; (1) That the threat which caused the fear
(3) That there be no other practical and less was of an evil greater than, or at least
harmful means of preventing it. equal to, that which he was required to
commit;
Avoidance of greater evil or injury is a justifying (2) That it promised an evil of such gravity
circumstance if all the three requisites and imminence that an ordinary person
mentioned in par. 4 of Art. 11 are present. would have succumbed to it.

But if any of the last two requisites is lacking, Note: If only one of these requisites is present,
there is only a mitigating circumstance. The there is only a mitigating circumstance.
first element is indispensable.

c. Incomplete justifying 2. Under 18 Or Over 70 Years

circumstance of Of Age
performance of duty
a. In lowering the penalty:
Requisites under par.5, Art. 11 Based on age of the offender at the time of
(1) That the accused acted in the the commission of the crime not the age
performance of a duty or in the lawful when sentence
exercise of a right or office; and is imposed
(2) That the injury caused or offense
committed be the necessary b. In suspension of the sentence: Based on
consequence of the due performance of age of the offender (under 18) at the time
such duty or the lawful exercise of such the sentence is to be promulgated
right or office. (See Art. 80,
RPC)
In the case of People v. Oanis (1943), where
only one of the requisites was present, Article c. Par. 2 contemplates the ff:
69 was applied. (1) An offender over 9 but under 15 of age
who acted with discernment.
People v. Oanis (1943): The SC considered (2) An offender fifteen or over but under 18
one of the 2 requisites as constituting the years of age.
majority. It seems that there is no ordinary (3) An offender over 70 years old
mitigating circumstance under Art. 13 par. 1
when the justifying or exempting circumstance Legal effects of various ages of offenders:
has 2 requisites only. 1. 15 and below - Exempting
2. Above 15 but under 18 years of age, also
Incomplete exempting circumstances: an exempting circumstance, unless he
(1) Incomplete exempting acted with discernment (Art. 12, par. 3 as
circumstance of accident amended by RA 9344).
3. Minor delinquent under 18 years of age, the
Requisites under par. 4 of Art. 12: sentence may be suspended. (Art. 192, PD
(1) A person is performing a lawful act No.
(2) With due care 603 as amended by PD 1179)
(3) He causes an injury to another by mere 4. 18 years or over, full criminal responsibility.
accident 5. 70 years or over – mitigating, no imposition
(4) Without fault or intention of causing it of death penalty; if already imposed.
Execution of death penalty is suspended
There is NO SUCH MITIGATING CIRCUMSTANCE and commuted.
because:
• If the 2nd requisite and 1st part of the 4th Determination of Age – The child in conflict
requisite are absent, the case will fall with the law shall enjoy the presumption of
under Art. 365 which punishes reckless minority. He/She shall enjoy all the rights of a
imprudence. child in conflict with the law until he/she is
• If the 1st requisite and 2nd part of the 4th proven to be eighteen (18) years old or older.
requisite are absent, it will be an The age of a child may be determined from the
intentional felony (Art. 4, par. 1). child's birth certificate, baptismal certificate or
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any other pertinent documents. In the absence • Only applicable to offense resulting in
of these documents, age may be based on death, physical injuries, or material harm
information from the child himself/herself, (including property damage). It is not
testimonies of other persons, the physical applicable to defamation or slander.
appearance of the child and other relevant • This mitigating circumstance is not
evidence. In case of doubt as to the age of the applicable when the offender employed
child, it shall be resolved in his/her favor. brute force.
• Lack of intent to commit so grave a wrong
Any person contesting the age of the child in is not appreciated where the offense
conflict with the law prior to the filing of the committed is characterized by treachery.
information in any appropriate court may file a
• When the victim does not die as a result of
case in a summary proceeding for the
the assault in cases of crimes against
determination of age before the Family Court
persons, the absence of the intent to kill
which shall decide the case within twenty-four
reduces the felony to mere physical
(24) hours from receipt of the appropriate
injuries, but it does not constitute a
pleadings of all interested parties.
mitigating circumstance under Art.
13(3).
If a case has been fiied against the child in
conflict with the law and is pending in the
appropriate court, the person shall file a motion
People v. Calleto (2002):
to determine the age of the child in the same
court where the case is pending. Pending Held: The lack of "intent" to commit a wrong so
hearing on the said motion, proceedings on the grave is an internal state. It is weighed based
main case shall be suspended. on the weapon used, the part of the body
injured, the injury inflicted and the manner it is
inflicted. The fact that the accused used a 9-
In all proceedings, law enforcement officers,
inch hunting knife in attacking the victim from
prosecutors, judges and other government
behind, without giving him an opportunity to
officials concerned shall exert all efforts at
defend himself, clearly shows that he intended
determining the age of the child in conflict with
to do what he actually did, and he must be
the law. (Sec. 7, RA 9344).
held responsible therefor, without the benefit
of this mitigating circumstance.
Basis: Diminution of intelligence

People v. Ural (1974):

3. No Intention to Commit So Held: The intention, as an internal act, is
Grave A Wrong (Praeter judged not only by the proportion of the means
Intentionem) employed by him to the evil produced by his
act, but also by the fact that the blow was or
• There must be a notable disproportion was not aimed at a vital part of the body.
between the means employed by the Thus, it may be deduced from the proven facts
offender and the resulting harm. that the accused had no intent to kill the
victim, his design being only to maltreat him,
• The intention, as an internal act, is judged o
such that when he realized the fearful
not only by the proportion of the means
employed by him to the evil produced by consequences of his felonious act, he allowed
his act, the victim to secure medical treatment at
o but also by the fact that the blow was the municipal dispensary.
or was not aimed at a vital part of the
body;
4. Sufficient Provocation or
o this includes: the weapon used, the
injury inflicted and his attitude of the Threat
mind when the accused attacked the
deceased. Elements:
• The lack of intention to commit so grave a (1) That the provocation must be sufficient
wrong can also be inferred from the (2) That it must originate from the offended
subsequent acts of the accused party
immediately after committing the offense, (3) That the provocation must be immediate
such as when the accused helped his victim to the act, i.e., to the commission of the
to secure medical treatment. crime
by the person who is provoked
• This circumstance does not apply when the
crime results from criminal negligence or
culpa.
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Provocation - Any unjust or improper conduct b. If there is that time element and at the same
or act of the offended part capable of exciting, time,
inciting, or irritating anyone. (1) facts are given indicating that at the
time the offender committed the crime,
Provocation in order to be mitigating must be he is still suffering from outrage of the
SUFFICIENT and IMMEDIATELY preceding the threat or provocation done to him
act. (People v. Pagal) (2) then he will still get the benefit of this
• ―Sufficient‖ means adequate to excite mitigating circumstance.
a person to commit a wrong and must
accordingly be proportionate to its Romera v. People (2004: Provocation and
gravity. passion or obfuscation are not 2 separate
(People v. Nabora). mitigating circumstances. It is well-settled that
• Sufficiency depends upon: if these 2 circumstances are based on the
a. the act constituting provocation same facts, they should be treated
b. the social standing of the person together as one mitigating circumstance.
provoked It is clear that both circumstances arose from
c. the place and time when the the same set of facts. Hence, they should not
provocation is made.
be treated as two separate mitigating
• Between the provocation by the circumstances.
offended party and the commission of
the crime, there should not be any
interval in time. Reason: When there is
an interval of time between the 5. Immediate Vindication of A
provocation and the commission of the
Grave Offense
crime, the perpetrator has time to
regain his reason.
Elements:
(1) That there be a grave offense done to the
Sufficient provocation Provocation as a one committing the felony, his spouse,
as a requisite of mitigating ascendants, descendants, legitimate,
incomplete self- circumstance natural or adopted brothers or sisters, or
defense relatives by affinity within the same
It pertains to its It pertains to its degree.
absence (2) That the felony is committed in vindication
on the part of the presence on the part of such grave offense. A lapse of time is
person defending of the offended party. allowed between the vindication and the
himself. doing of the grave offense.
(People v. CA, G.R. No. (3) The vindication need not be done by the
103613, 2001) person upon whom the grave offense was
committed
TIP: The common set-up given in a bar
problem is that of provocation given by Note: Lapse of time is allowed. The word
somebody against whom the person provoked ―immediate‖ used in the English text is not the
cannot retaliate; thus the person provoked correct translation. The Spanish text uses
retaliated on a younger brother or on the ―proxima.‖ Although the grave offense
father. Although in fact, there is sufficient (slapping of the accused in front of many
provocation, it is not mitigating because the persons hours before the killing), which
one who gave the provocation is not the one engendered the perturbation of mind, was not
against whom the crime was committed. so immediate, it was held that the influence
thereof, by reason of its gravity, lasted until the
You have to look at two moment the crime was committed. (People v.
criteria: a. If from the element Parana).
of time,
(1) there is a material lapse of time stated The question whether or not a certain personal
in the problem and offense is grave must be decided by the court,
having in mind
(2) there is nothing stated in the problem
that the effect of the threat of a. the social standing of the person,
provocation had prolonged and affected b. the place and
the offender at the time he committed c. the time when the insult was made.
the crime
(3) then you use the criterion based on the
time element.
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Vindication of a grave offense and passion or Note: Passion or obfuscation must arise from
obfuscation cannot be counted separately and lawful sentiments.
independently.
Passion or obfuscation not applicable
People v. Torpio (2004: The mitigating when:
circumstance of sufficient provocation cannot a. The act committed in a spirit of
be considered apart from the circumstance of LAWLESSNESS.
vindication of a grave offense. These two b. The act is committed in a spirit of
circumstances arose from one and the same REVENGE.
incident, i.e., the attack on the appellant by
Anthony, so that they should be considered as The mitigating circumstance of obfuscation
only one mitigating circumstance. arising from jealousy cannot be invoked in
favor of the accused whose relationship with
the woman was illegitimate.
Provocation Vindication
It is made directly The grave offense Also, the act must be sufficient to produce such
only to the person may be committed a condition of mind. If the cause of loss of self-
committing the felony. against the offender‘s control is trivial and slight, obfuscation is not
relatives mentioned mitigating.
by law.
The offense need not The offended party Moreover, the defense must prove that the act
be a grave offense. must have done a which produced the passion or obfuscation took
grave offense to the place at a time not far removed from the
offender or his commission of the crime. (People v. Gervacio,
relatives. 1968)
The provocation The grave offense
Passion and obfuscation may lawfully arise from
or threat must may be proximate,
causes existing only in the honest belief of the
immediately precede which admits of an
offender.
the act. interval of time
between the grave
US v. De la Cruz (1912): De la Cruz, in the
offense done by the
heat of passion, killed the deceased who was
offended party and his querida (lover) upon discovering her in the
the commission of the act of carnal communication with a mutual
crime by the accused. acquaintance. He claims that he is entitled to
It is a mere spite It concerns the honor the mitigating circumstance of passion or
against the one giving of the person. obfuscation and that the doctrine in Hicks is
the provocation or inapplicable.
threat.
Held: US v. Hicks is not applicable to the case.
In Hicks, the cause of the alleged passion and
6. Passion or obfuscation obfuscation of the aggressor was the convict's
(Arrebato y Obsecacion) vexation, disappointment and deliberate anger
engendered by the refusal of the woman to
Elements: continue to live in illicit relations with him,
(1) The accused acted upon an impulse which she had a perfect reason to do. In this
(2) The impulse must be so powerful that it case, the impulse upon which the defendant
naturally produces passion or obfuscation acted was the sudden revelation that his
in him. paramour was untrue to him and his discovery
of her in flagrante in the arms of another. This
Requisites: was a sufficient impulse in the ordinary and
(1) That there be an act, both unlawful and natural course of things to produce the
sufficient to produce such condition of passion and obfuscation which the law
mind; and declares to be one of the mitigating
(2) That said act which produced the circumstances to be taken into the
obfuscation was not far removed from the consideration of the court.
commission of the crime by a considerable
length of time, during which the
perpetrator might recover his Passion and Obfuscation cannot co-exist with:
normal equanimity. (People v. Alanguilang) (1) Vindication of grave offense
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 Exception: When there are other facts (1) That the offender had not been actually
closely connected. Thus, where the arrested
deceased, had eloped with the (2) That the offender surrendered himself to a
daughter of the accused, and later person in authority or to the latter‘s agent
when the deceased saw the accused (3) That the surrender was voluntary.
coming, the deceased ran upstairs,
there are 2 facts which are closely Two Mitigating Circumstances
connected, namely: (1) elopement, Under This Paragraph:
which is a grave offense for the family (1) Voluntary surrender to a person in
of old customs, and (2) refusal to deal authority or his agents;
with him, a stimulus strong enough to (2) Voluntary confession of guilt before the
produce passion. The court in People v. court prior to the presentation of evidence
Diokno (G.R. No. L-45100), considered for the prosecution.
both mitigating circumstances in favor
of the accused. Whether or not a warrant of arrest had been
(2) Treachery (People v. Wong) issued is immaterial and irrelevant.

Passion/Obfuscation v. Irresistible Force (Reyes, Criterion is whether or not

Revised Penal Code) a. the offender had gone into hiding
Passion/Obfuscation Irresistible force b. and the law enforcers do not know of his
Mitigating Exempting whereabouts.
Circumstance circumstance
Cannot give rise Physical force is a
to physical condition sine qua non. Note: For voluntary surrender to be
force because it does appreciated, the surrender must be
not spontaneous, made in such a manner that it
involves shows the interest of the accused to surrender
physical force. unconditionally to the authorities, either
because (1) he acknowledges his guilt or (2)
Passion/obfuscation Irresistible force comes wishes to save them the trouble and expenses
comes from the from a third person. that would be necessarily incurred in his search
offender himself. and capture. (Andrada v. People). If none of
Must arise from lawful Irresistible force these two reasons impelled the accused to
sentiments to be is unlawful. surrender, the surrender is not spontaneous
mitigating. and therefore not voluntary.
(People v. Laurel).
Passion/Obfuscation v. Provocation (Reyes,
Revised  The accused must actually surrender his
Penal Code) own person to the authorities, admitting
Passion/Obfuscation Provocation complicity of the crime. Merely requesting
Passion/obfuscation is Provocation comes a policeman to accompany the accused to
produced by an from the injured party. the police headquarters is not voluntary
impulse which may be surrender.
caused by (People v. Flores)
provocation.
Effect of Arrest
The offense which Must immediately
General Rule: Not mitigating when defendant
engenders the precede the was in fact arrested. (People v. Conwi)
perturbation of mind commission of the
need not be crime. Exceptions:
immediate. It is only (1) But where a person, after committing the
required that the offense and having opportunity to escape,
influence thereof lasts voluntarily waited for the agents of the
until the moment the authorities and voluntarily gave up, he is
crime is committed. entitled to the benefit of the circumstance,
In both, the effect of the loss of reason and even if he was placed under arrest by a
selfcontrol on the part of the offender. policeman then and there. (People v.
Parana)
(2) Where the arrest of the offender was after
7. Voluntary Surrender his voluntary surrender or after his doing an
act amounting to a voluntary surrender to
Requisites:
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the agent of a person in authority. (People • Withdrawal of plea of not guilty before
v. Babiera; People v. Parana) presentation of evidence by prosecution
is still mitigating. All that the law
Person in Authority and his Agent requires is voluntary plea of guilty prior
to the presentation of the evidence by
Person in authority – is one directly vested the prosecution.
with jurisdiction, that is, a public officer who • A plea of guilty on an amended
has the power to govern and execute the laws information will be considered as an
whether as an individual or as a member of attenuating circumstance if no evidence
some court or governmental corporation, board was presented in connection with the
or commission. A barrio captain and a charges made
barangay chairman are also persons in therein. (People v. Ortiz)
authority. (Art. 152, RPC, as amended by PD
No. 299).
9. Plea to a Lesser Offense
Agent of a person in authority – is a person,
who, by direct provision of law, or by election Rule 116, sec. 2, ROC:
or by competent authority, is charged with the At arraignment, the accused, with the consent
maintenance of public order and the protection of the offended party and prosecutor, may be
and security of life and property and any allowed by the trial court to plead guilty to a
person who comes to the aid of persons in lesser offense which is necessarily included in
authority. (Art. 152, as amended by RA 1978). the offense charged. After arraignment but
before trial, the accused may still be allowed to
Time of Surrender plead guilty to said lesser offense after
The RPC does not distinguish among the withdrawing his plea of not guilty. No
various moments when the surrender may amendment of the complaint or information is
occur. (Reyes, Revised Penal Code). The fact necessary.
that a warrant of arrest had already been
issued is no bar to the consideration of that People v. Dawaton (2002): Information for
circumstance because the law does not require murder was filed against Dawaton. When first
that the surrender be prior the arrest. (People arraigned he pleaded not guilty, but during the
v. Yecla and Cahilig). What is important is that pre-trial he offered to plead guilty to the lesser
the surrender be spontaneous. offense of homicide but was rejected by the
prosecution. The trial court sentenced him to
death. He avers that he is entitled to the
mitigating circumstance of plea of guilty.

8. Plea Of Guilt Held: While the accused offered to plead guilty

to the lesser offense of homicide, he was
Requisites: charged with murder for which he had already
(1) That the offender spontaneously confessed entered a plea of not guilty. We have ruled
his guilt. that an offer to enter a plea of guilty to a
(2) That the confession of guilt was made in lesser offense cannot be considered as an
open court, that is, before the competent attenuating circumstance under the provisions
court that of Art. 13 of RPC because to be voluntary the
is to try the case; and plea of guilty must be to the offense charged.

• The extrajudicial confession made by Also, Sec. 2, Rule 116, of the Revised Rules
the accused is not voluntary confession of Criminal Procedure requires the consent
because it was made outside the court. of the offended party and the prosecutor
before an accused may be allowed to plead
(People v. Pardo)
guilty to a lesser offense necessarily
included in the offense charged.
(3) That the confession of guilt was made prior
The prosecution rejected the offer of the
to the presentation of evidence for the
accused.
prosecution.
• The change of plea should be made at
the first opportunity when his 10. Physical Defects
arraignment was first set.
• A conditional plea of guilty is not This paragraph does not distinguish between
mitigating.  Plea of guilt on appeal educated and uneducated deaf-mute or
is not mitigating. blind persons.
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also took note of the fact that the defense,
Physical defect referred to in this paragraph during the trial, never alleged the mitigating
is such as being armless, cripple, or a circumstance of illness. The alleged mitigating
stutterer, whereby his means to act, circumstance was a mere afterthought to
defend himself or communicate with his lessen the criminal liability of the accused.
fellow beings are limited.

The physical defect that a person may have 12. Analogous Mitigating
must have a relation to the commission of Circumstances
the crime.
Any other circumstance of similar nature and
Where the offender is deaf and dumb, analogous to the nine mitigating circumstances
personal property was entrusted to him and enumerated in art. 513 may be mitigating.
he misappropriated the same. The crime
committed was estafa. The fact that he was (1) The act of the offender of leading the law
deaf and dumb is not mitigating since that enforcers to the place where he buried the
does not bear any relation to the crime instrument of the crime has been
committed. considered as equivalent to voluntary
surrender.
If a person is deaf and dumb and he has
been slandered, he cannot talk so what he (2) Stealing by a person who is driven to do so
did was he got a piece of wood and struck out of extreme poverty is considered as
the fellow on the head. The crime committed analogous to incomplete state of necessity.
was physical injuries. The Supreme Court
held that being a deaf and dumb is Canta v. People: Canta stole a cow but
mitigating because the only way is to use his alleges that he mistook the cow for his missing
force because he cannot strike back in any cow. He made a calf suckle the cow he found
other way. and when it did, Canta thought that the cow he
found was really his. However, he falsified a
document describing the said cow’s cowlicks
11. Illness
and markings. After getting caught, he
surrendered the cow to the custody of the
Elements:
authorities in the municipal hall.
(1) That the illness of the offender must
diminish the exercise of his will-power
Held: Canta’s act of voluntarily taking the cow
(2) That such illness should not deprive the
to the municipal hall to place it in the custody
offender of consciousness of his acts.
of authorities (to save them the time and effort
of having to recover the cow) was an
When the offender completely lost the
analogous circumstance to voluntary
exercise of will-power, it may be an
surrender.
exempting circumstance. It is said that this
paragraph refers only to diseases of
pathological state that trouble the (3) Over 60 years old with failing sight, similar
conscience or will. to over 70 years of age mentioned in par. 2.
(People v. Reantillo).
A mother who, under the influence of a (4) Voluntary restitution of stolen goods similar
puerperal fever, killed her child the day to voluntary surrender (People v. Luntao).
following her delivery. (5) Impulse of jealous feelings, similar to
passion and obfuscation. (People v. Libria).
(6) Extreme poverty and necessity, similar to
People v. Javier (1999): Javier was married
incomplete justification based on state of
to the deceased for 41 years. He killed the
necessity. (People v. Macbul).
deceased and then stabbed himself in the
(7) Testifying for the prosecution, without
abdomen. Javier was found guilty of
previous discharge, analogous to a plea of
parricide. In his appeal, he claims that he
guilty. (People v. Narvasca).
killed his wife because he was suffering
from insomnia for a month and at the time
of the killing, his mind went totally blank D. Aggravating
and he did not know what he was doing. He
also claims that he was insane then.
Circumstances

Held: No sufficient evidence or medical finding (ASKED 24 TIMES IN BAR EXAMS)

was offered to support his claim. The court
 CRIMINAL LAW REVIEWER

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Those circumstances which raise the penalty crime group (Art. 62)
for a crime in its maximum period provided by
law applicable to that crime or change the Generic Qualifying
nature of the crime. aggravating aggravating
circumstances circumstances
Note: The list in this Article is EXCLUSIVE – The effect of a The effect of a
there are no analogous aggravating generic AC, not offset qualifying AC is not
circumstances. by any mitigating only to give the crime
circumstance, is to its proper and
The aggravating circumstances must be increase the penalty exclusive name but
established with moral certainty, with the same which should be
also to place the
degree of proof required to establish the crime imposed upon the
itself. author thereof in such
accused to the
MAXIMUM PERIOD. a situation as to
According to the Revised Rules of Criminal deserve no other
Procedure, BOTH generic and qualifying penalty than that
aggravating circumstances must be alleged in specially prescribed by
the Information in order to be considered by law for said crime.
the Court in imposing the sentence. (Rule 110, It is not an ingredient The circumstance
Sec. 9) of the crime. It only affects the nature of
affects the penalty to the crime itself such
Basis be imposed but the that the offender shall
1. the motivating power behind the act be liable
2. the place where the act was committed crime remains the for a more serious
3. the means and ways used same crime. The
4. the time circumstance is
5. the personal circumstance of the offender actually an ingredient
and/or of the victim of the crime
The circumstance Being an ingredient of
Kinds
the crime, it cannot be
1. GENERIC – Those that can generally apply can be offset by an
offset by any
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, ordinary mitigating
mitigating
9, 10, 14, 18, 19, and 20 except ―by circumstance circumstance
means of motor vehicles‖. A generic
aggravating circumstance may be offset by
a generic mitigating circumstance.
2. SPECIFIC – Those that apply only to
particular crimes. Nos. 3 (except dwelling),
15, 16, 17 and 21.
3. QUALIFYING –Those that change the nature
of the crime. Art. 248 enumerates the
qualifying AC which qualify the killing of
person to murder. If two or more possible
qualifying circumstances were alleged and
proven, only one would qualify the offense
and the others would be generic
aggravating. (ASKED TWICE BAR EXAMS)
4. INHERENT – Those that must accompany
the commission of the crime and is
therefore not considered in increasing the
penalty to be imposed such as evident
premeditation in theft, robbery, estafa,
adultery and concubinage.
5. SPECIAL – Those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances such as:
a. quasi-recidivism (Art. 160)
b. complex crimes (Art. 48)
c. error in personae (Art. 49)
d. taking advantage of public position and
membership in an organized/syndicated
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12. Inundation, Fire,
Poison 13. Evident
Premeditation
14. Craft, Fraud Or Disguise
15. Superior Strength Or Means To Weaken
Defense
16. Treachery
17. Ignominy
18. Unlawful Entry
4. Abuse Of Confidence And
Aggravating circumstances which do not Obvious
have the effect of increasing the penalty: Ungratefulness
(1) Aggravating circumstances which in 5. Crime In Palace Or In Presence Of The
themselves constitute a crime especially Chief Executive
punishable by law. 6. Nighttime; Uninhabited Place; With A
(2) Aggravating circumstances which are Band
included by the law in defining a crime and
7. On Occasion Of A Calamity
prescribing the penalty therefore shall not
be taken into account for the purpose of 8. Aid Of Armed Men Or Means To Ensure
increasing the penalty. (Art. 62, par. 1). Impunity
(3) The same rule shall apply with respect to 9. Recidivism
any aggravating circumstance inherent in 10. Reiteration or Habituality
the crime to such a degree that it must of 11. Price, Reward Or Promise
necessity accompany the commission 19. Breaking Wall, Floor, Roof
thereof. (Art. 62, par. 2). 20. With Aid Of Persons Under 15 By
Motor Vehicle
Aggravating circumstances which are 21. Cruelty
personal to the offenders.
Aggravating circumstances which arise:
(1) from moral attributes of the offender;
(2) from his private relations with the offended 1. Taking Advantage of Public
party; or
Office
(3) from any personal cause, shall only serve
to aggravate the liability of the principals,
Par. 1 – ―that advantage be taken by the
accomplices, accessories as to whom such
offender of
circumstances are attendant. (Art. 62, par.
his public position‖
3).
This is applicable only if the offender is a public
Aggravating circumstances which depend
officer.
for their application upon the knowledge
of offenders.
The circumstances which consist (1) in the The public officer must:
material execution of the act, or (2) in the (1) Use the influence, prestige or ascendancy
means employed to accomplish it, shall serve which his office gives him
to aggravate the liability of those persons only (2) As means by which he realizes his purpose.
who had knowledge of them at the time of the
execution of the act or their cooperation The essence of the matter is presented in the
therein. (Art. 62, par. 4). inquiry, ―did the accused abuse his office in
order to
commit the crime?‖(U.S. v. Rodriguez)
1. Generic
When a public officer
TWENTY-ONE aggravating circumstances under (1) commits a common crime independent of
Art. his official functions and
14: (2) does acts that are not connected with the
duties of his office,
1. Taking Advantage of Public Office
(3) he should be punished as a private
2. In Contempt Of Or With Insult To Public
individual without this aggravating
Authorities
circumstance.
3. With Insult Or Lack Of Regard Due To
Offended Party By Reason Of Rank, Age Even if defendant did not abuse his office, if it
Or Sex is proven that he has failed in his duties as
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such public officer, this circumstance would Knowledge that a public authority is
warrant the aggravation of his penalty. Thus, present is essential. Lack of such knowledge
the fact that the vice-mayor of a town joined a indicates lack of intention to insult public
band of brigands made his liability greater. authority.
(U.S. v. Cagayan).
If crime is committed against the public
The circumstance cannot be taken into authority while in the performance of his duty,
consideration in offenses where taking the offender commits direct assault without
advantage of official position is made by law an this aggravating circumstance.
integral element of the crime such as in
malversation (Art. 217) or falsification of public People v. Rodil (1981): There is the
documents under Art. 171. aggravating circumstance that the crime was
committed in contempt of or with insult to
Taking advantage of public position is also public authorities when the chief of police was
inherent in the following cases: present when the incident occurred. The chief
(1) Accessories under Art. 19, par. 3 (harboring, of police should be considered a public
concealing or assisting in the escape of the authority because he is vested with authority
principal of the crime); and to maintain peace and order over the entire
(2) Title VII of Book Two of the RPC (Crimes municipality.
committed by public officers).

3. With Insult or Lack of Regard

2. In Contempt of or With Insult Due to Offended Party by
to Public Authorities Reason of Rank, Age or Sex
Par. 2 – ―that the crime be committed in Par. 3 – ―That the act be committed with insult
contempt of or with insult to the public or in disregard of the respect due the offended
authorities‖. party on account of his rank, age, or sex, or
that is be committed in the dwelling of the
Requisites: offended party, if
(1) That the public authority is engaged in the the latter has not given provocation.‖
exercise of his functions.
(2) That he who is thus engaged in the • Four circumstances are enumerated in this
exercise of his functions is not the person paragraph, which can be considered singly
against whom the crime is committed. or together.
(3) The offender knows him to be a public • If all the 4 circumstances are present, they
authority. have the weight of one aggravating
(4) His presence has not prevented the circumstance only.
offender from committing the criminal act.
• There must be evidence that in the
commission of the crime, the accused
Public Authority / Person in Authority – is a
deliberately intended to offend or insult
person directly vested with jurisdiction, that is,
the sex or age of the offended party.
a public officer who has the power to govern
(People v. Mangsat)
and execute the laws. The councilor, mayor,
governor, barangay captain, barangay • Disregard of rank, age or sex may be
chairman etc. are persons in authority. (Art. taken into account only in crimes against
152, as amended by P.D. 1232) persons or
honor. (People v. Pugal; People vs. Ga)
 A school teacher, town municipal health
officer, agent of the BIR, chief of police, etc.
are now considered a person in authority. a. RANK OF THE OFFENDED PARTY
Designation or title used to fix the relative
Par. 2 is not applicable if committed in the position of the offended party in reference to
presence of an agent only such as a police others.
officer.
There must be a difference in the social
Agent - A subordinate public officer charged condition of the offender and the offended
with the maintenance of public order and the party.
protection and security of life and property,
such as barrio policemen, councilmen, and any b. AGE OF THE OFFENDED PARTY
person who comes to the aid of persons in May refer to old age or tender age of the
authority. (Art. 152, as amended by BP 873). victim.
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• It is not necessary that the accused should
c. SEX OF THE OFFENDED PARTY have actually entered the dwelling of the
This refers to the female sex, not to the victim to commit the offense: it is enough
male sex. that the victim was attacked inside his
own house, although the assailant may
The aggravating circumstance is NOT to be have devised means to perpetrate the
considered in the following cases: assault. (People v. Ompaid, 1969)
(1) When the offender acted with passion and • Dwelling includes dependencies, the foot
obfuscation. (People v. Ibanez) of the staircase and the enclosure under
(2) When there exists a relationship between the
the offended party and the offender. house. (U.S. v. Tapan)
(People v. Valencia)
(3) When the condition of being a woman is Illustration:
indispensable in the commission of the Husband and wife quarrelled. Husband inflicted
crime. Thus, in rape, abduction, or physical violence upon a wife. The wife left the
seduction, sex is conjugal home and went to the house of her
not aggravating. (People v. Lopez) sister bringing her personal belongings with
her. The sister accommodated the wife in her
home. The husband went to the house of the
d. DWELLING (Morada)
sister-in-law and tried to persuade the wife to
Building or structure, exclusively used for rest
return to the conjugal home but the wife
and comfort. Thus, in the case of People v.
refused since she was more at peace in her
Magnaye, a ―combination of a house and a
sister‘s home than in their conjugal abode. Due
store‖, or a market stall where the victim slept
to the wife‘s refusal the husband pulled out a
is not a dwelling.
knife and stabbed the wife to death.
• This is considered an AC because in It was held that dwelling was aggravating
certain cases, there is an abuse of although it is not owned by the victim since she
confidence which the offended party is considered a member of the family who owns
reposed in the offender by opening the the dwelling and that place is where she
door to him. enjoyed privacy, peace of mind and comfort.
• Dwelling need not be owned by the
offended party. People vs. Taoan: Teachers, professors,
• It is enough that he used the place for his supervisors of public and duly recognized
peace of mind, rest, comfort and privacy. private schools, colleges and universities, as
• Dwelling should not be understood in the well as lawyers are persons in authority for
concept of a domicile: A person has more purposes of direct assault and simple
than one dwelling. So, if a man has so resistance, but not for purposes of aggravating
many wives and he gave them places of circumstances in paragraph 2, Article 14.
their own, each one is his own dwelling. If
he is killed there, dwelling will be People v. Taño (2000):
aggravating, provided that he also stays Held: Dwelling cannot be appreciated as an
there once in a while.
aggravating circumstance in this case because
the rape was committed in the ground floor of
• If a crime of adultery was committed. a twostory structure, the lower floor being used
Dwelling was considered aggravating on as a video rental store and not as a private
the part of the paramour. However, if the
place of abode or residence.
paramour was also residing in the same
dwelling, it will not be aggravating.
People v. Arizobal (2000):
• The offended party must not give
Generally, dwelling is considered inherent in
provocation. (People v. Ambis).
the crimes which can only be committed in the
• When a crime is committed in the dwelling abode of the victim, such as trespass to
of the offended party and the latter has dwelling and robbery in an inhabited place.
not given provocation, dwelling may be However, in robbery with homicide the authors
appreciated as an aggravating thereof can commit the heinous crime without
circumstance. Provocation in the transgressing the sanctity of the victim's
aggravating circumstance of dwelling domicile. In the case at bar, the robbers
must be: demonstrated an impudent disregard of the
(a) given by the offended party inviolability of the victims' abode when they
(b) sufficient, and forced their way in, looted their houses,
(c) immediate to the commission of intimidated and coerced their inhabitants into
the crime. (People v. Rios, 2000)
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submission, disabled Laurencio and Jimmy by (3) That the act be committed with obvious
tying their hands before dragging them out of ungratefulness.
the house to be killed.
The ungratefulness must be obvious: (1)
Dwelling is not aggravating in the following manifest and (2) clear.
cases:
(1) When both offender and offended party are In a case where the offender is a servant, the
occupants of the same house (U.S. v. offended party is one of the members of the
Rodriguez), and this is true even if offender family. The servant poisoned the child. It was
is a servant of the house. (People v. Caliso) held that abuse of confidence is aggravating.
(2) When the robbery is committed by the use This is only true, however, if the servant was
of force things, dwelling is not aggravating still in the service of the family when he did the
because it is inherent. (U.S. v. Cas). But killing. If he was driven by the master out of
dwelling is aggravating in robbery with the house for some time and he came back to
violence or intimidation of persons because poison the child, abuse of confidence will no
this class or robbery can be committed longer be aggravating. The reason is because
without the necessity of trespassing the that confidence has already been terminated
sanctity of the offended party‘s house. when the offender was driven out of the house.
(People v. Cabato)
(3) In the crime of trespass to dwelling, it is People v. Arrojado (2001): Arrojado is the first
inherent or included by law in defining the cousin of the victim, Mary Ann and lived with
crime. her and her father. Arrojado helped care for the
(4) When the owner of the dwelling gave victim’s father for which he was paid a P1,000
sufficient and immediate provocation. (Art. monthly salary. Arrojado killed Mary Ann by
14 par. 3) stabbing her with a knife. Thereafter he
claimed that the latter committed suicide.

4. Abuse of Confidence and Held: The aggravating circumstance of abuse

Obvious Ungratefulness of confidence is present in this case. For this
aggravating circumstance to exist, it is
Par. 4 – ―That the act be committed with abuse essential to show that the confidence between
of confidence or obvious ungratefulness‖. the parties must be immediate and personal
such as would give the accused some
Par. 4 provides two aggravating circumstances. advantage or make it easier for him to commit
If present in the same case, they must be the criminal act. The confidence must be a
independently appreciated. means of facilitating the commission of the
crime, the culprit taking advantage of the
a. ABUSE OF CONFIDENCE (Abuso de offended party's belief that the former would
confianza) not abuse said confidence.
(1) That the offended party had trusted the
offender.
(2) That the offender abused such trust by
committing a crime against the 5. Crime in Palace or in
offended party. Presence of the Chief
(3) That the abuse of confidence facilitated Executive
the commission of the crime.
Par. 5 – ―That the crime be committed in the
• The confidence between the offender palace of the Chief Executive or in his
and the offended party must be presence, or where public authorities are
immediate and personal. engaged in the discharge of their duties, or in a
• It is inherent in malversation (Art. 217), place dedicated to religious worship.‖
qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. If it is the Malacañang palace or a church it
315) and qualified seduction. (Art. 337). is aggravating regardless of whether State or
official or religious functions are being held. 
b. OBVIOUS UNGRATEFULNESS The President need not be in the palace.
(1) That the offended party had trusted the • His presence alone in any place where
offender; the crime is committed is enough to
(2) That the offender abused such trust by constitute the AC.
committing a crime against the
offended party;
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• It also applies even if he is not engaged (2) When especially sought for by the offender
in the discharge of his duties in the place to insure the commission of the crime or for
where the crime was committed. the purpose of impunity; or
(3) When the offender took advantage thereof
Note: Offender must have the intention to for the purpose of impunity.
commit a crime when he entered the place.
(People v. a. NIGHTTIME (Nocturnidad) The
Jaurigue) commission of the crime must begin and be
accomplished in the nighttime (after sunset
• Cemeteries are not places dedicated for and before sunrise).
religious worship.
• Nighttime by and of itself is not an
Par. 5 aggravating circumstance.
Where • The offense must be actually committed in
Par. 2 the darkness of the night.
public
Contempt or insult
authorities are • When the place is illuminated by light,
to public
engaged in the nighttime is not aggravating.
authorities
discharge of their • Nighttime need not be specifically sought
duties. for when:
Public authorities are engaged in the (1) the offender purposely took advantage of
performance of their duties. nighttime; or
(2) it facilitated the commission of the offense.
Public duty is Public duty is
performed in their performed outside of
b. UNINHABITED PLACE
office their office
(Desplobado)
The offended party The public authority It is determined not by the distance of the
may nearest house to the scene of the crime but
or may not be the should not be th whether or not in the place of the commission
public authority offended party e of the offense, there was a reasonable
possibility of the victim receiving some help.
• As regards the place where the public
authorities are engaged in the discharge • Solitude must be sought to better
of their duties, there must be some attain the criminal purpose. (People v.
performance of public functions. Aguinaldo)
• The offenders must choose the place as
an aid either (1) to an easy and
6. Nighttime (Nocturnidad); uninterrupted accomplishment of their
Uninhabited Place (Despoblado); criminal designs, or (2) to insure
With a Band (Cuadrilla) concealment of the offense, that he
might thereby be better secured
Par. 6 ―That the crime be committed in the against detection and punishment.
night time, or in an uninhabited place, or by a (U.S. v.
band, whenever such circumstances may Vitug).
facilitate the commission of the offense.
c. BAND (Cuadrilla) There should
Whenever more than three armed malefactors (1) Be at least be four persons
shall have acted together in the commission of (2) At least 4 of them should be armed (3)
an offense, it shall be deemed to have been and are principals by direct
committed by a band.‖ participation.

These 3 circumstances may be • This aggravating circumstance is

considered separately: absorbed in the circumstance of abuse
(1) when their elements are distinctly of superior strength.
perceived and
(2) can subsist independently, • This is inherent in brigandage.
(3) revealing a greater degree of perversity. • The armed men must have acted
together in the commission of the
Requisites: crime.
(1) When it facilitated the commission of the
crime; or Illustration:
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A is on board a banca, not so far away. B and C in treachery and can not be appreciated as a
also are on board their respective bancas. generic aggravating circumstance.
Suddenly, D showed up from underwater and
stabbed B. Is there an aggravating
circumstance of uninhabited place here? 7. On Occasion of a Calamity

Yes, considering the fact that A and C before Par. 7. ―That the crime be committed on the
being able to give assistance still have to jump occasion of a conflagration, shipwreck,
into the water and swim towards B and the earthquake,
time it would take them to do that, the chances epidemic or other calamity or misfortune.‖
of B receiving some help was very little, despite
the fact that there were other persons not so The rationale for this AC is the debased form of
far from the scene. criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted,
People v. Librando (2000): Edwin, his adds to their suffering by taking advantage of
daughter Aileen, and a relative, Fernando, their misfortune and despoiling them.
were traversing a hilly portion of a trail on their • The offender must take advantage of the
way home when they met Raelito Librando, calamity or misfortune.
Larry and Eddie. Edwin was carrying a torch at • ―OR OTHER CALAMITY OR MISFORTUNE‖ –
that time as it was already dark. Raelito refers to other conditions of distress similar
inquired from Edwin the whereabouts of to ―conflagration, shipwreck, earthquake
Fernando and without any warning hit Edwin or epidemic.‖
with a piece of wood. Eddie followed suit and
delivered another blow to Edwin. Edwin ran but
he was chased by Raelito. Thereafter, the three 8. Aid of Armed Men or Means
men took turns hitting Edwin with pieces of to Ensure Impunity (Auxilio
wood until the latter fell and died. The trial de Gente Armada)
court considered nighttime and uninhabited
Par. 7 ―That the crime be committed on the
place as just one aggravating circumstance.
occasion of a conflagration, shipwreck,
earthquake,
Held: The court did not err in considering epidemic or other calamity or misfortune‖
nighttime and uninhabited place as just one
aggravating circumstance. The court cited the Requisites:
case of People vs. Santos where it has been (1) That the armed men or persons took
held that if the aggravating circumstances of indirectly part in the commission of the
nighttime, uninhabited place or band concur in crime,
the commission of the crime, all will constitute (2) That the accused availed himself of their
one aggravating circumstance only as a aid or relied upon them when the crime
general rule although they can be considered was committed.
separately if their elements are distinctly
Not applicable -
perceived and can subsist independently,
• When both the attacking party and the
revealing a greater degree of perversity. party attacked were equally armed.
• When the accused as well as those who
People v. Bermas (1999): By and of itself, cooperated with him in the commission of
nighttime is not an aggravating circumstance; the crime acted under the same plan and
it becomes so only when: for the same purpose.
1) it is specially sought by the offender; or • Casual presence, or when the offender did
2) it was taken advantage of by him; or not avail himself of their aid nor knowingly
3) it facilitates the commission of the crime by count upon their assistance in the
insuring the offender‘s immunity from commission of the crime.
capture.
Par. 6 Par. 8
In this case, other than the time of the By a band With aid of armed
occurrence of the felony, nothing else suggests men
that it was consciously resorted to by Bermas.
Requires more than 3 At least two armed
In fact, the crime was well illuminated by two
armed malefactors men
pressure gas lamps.
Also, if treachery is also present in the
commission of the crime, nighttime is absorbed Requires that more This circumstance is
than three armed present even if one of
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malefactors shall the offenders merely What is controlling is the time of the trial, not
have the time of the commission of the offense (i.e.
there was already a conviction by final
acted together in the relied on their aid, for
commission of an actual aid is not judgment at the time of the trial for the second
offense necessary crime).
Band members are all Armed men are mere • What is required is previous conviction at
the time of the trial.
principals accomplices
• The best evidence of a prior conviction is a
People v. Licop: Aid of armed men includes certified copy of the original judgment of
―armed women‖. conviction, and such evidence is always
admissible and conclusive unless the
accused himself denies his identity with the
Note: ―Aid of armed men‖ is absorbed by
person convicted at the former trial.
―employment of a band‖.
(Aquino, Revised Penal Code)
• At the time of the trial means from the
9. Recidivism (Reincidencia) arraignment until after sentence is
announced by the judge in open court.
Par. 8 ―That the crime be committed with the
aid of armed men or persons who insure or Recidivism does not prescribe. No matter how
afford impunity.‖ long ago the offender was convicted, if he is
subsequently convicted of a crime embraced in
Requisites: the same title of the Revised Penal Code, it is
(1) That the offender is on trial for an offense; taken into account as aggravating in imposing
(2) That he was previously convicted by final the penalty.
judgment of another crime;
(3) That both the first and the second offenses Pardon does not erase recidivism, even if it is
are embraced in the same title of the Code; absolute because it only excuses the service of
(4) That the offender is convicted of the new the penalty, not the conviction. However, if a
offense. person was granted an amnesty, and thereafter
he is convicted of another crime of the same
Different forms of repetition or habituality class as the former crimes, his former
of offender conviction would not be aggravating. According
a. Recidivism under Article 14 (9)—The to Art. 89, amnesty extinguishes not only the
offender at the time of his trial for one penalty but also its effects.
crime shall have been previously convicted
by final judgment of another embraced in If the offender has
the same title of the Revised Penal Code. • already served his sentence and
b. Repetition or reiteracion under Article • he was extended an absolute pardon, o the
14 (9)—The offender has been previously pardon shall erase the conviction including
punished for an offense to which the law recidivism because there is no more
attaches an equal or greater penalty or for penalty
two or more crimes to which it attaches a o so the pardon shall be understood as
lighter penalty. referring to the conviction or the effects
c. Habitual delinquency under Article 62 of the crime.
(5)—The offender within a period of 10
years from the date of his release or last Illustration:
conviction of the crimes of serious or less In 1980, A committed robbery.
serious physical injuries, robo, hurto, estafa
or falsification, is found guilty of any of the While the case was being tried, he committed
said crimes a third time or another. theft in 1983.
d. Quasi-recidivism under Article 160—
Any person who shall ` a felony after He was also found guilty and was convicted of
having been convicted by final judgment theft also in 1983.
before beginning to serve such sentence or
while serving such sentence shall be The conviction became final because he did not
punished by the maximum period appeal anymore and the trial for the earlier
prescribed by law for the new felony crime of robbery ended in 1984 for which he
was also convicted. He also did not appeal this
In recidivism, the crimes committed should be decision.
felonies. There is no recidivism if the crime
committed is a violation of a special law. Is the accused a recidivist? NO.
 CRIMINAL LAW REVIEWER

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offense.
The subsequent conviction must refer to a The previous and
felony committed later in order to constitute Requires that the
subsequent offenses
recidivism. The reason for this is at the time offenses be included
must not be
the first crime was committed, there was no in the same title of
embraced in the
other crime of which he was convicted so he the
same title of the
cannot be regarded as a repeater. Code
Code
Always to be taken
People vs. Molina (2000): To prove into consideration in Not always an
recidivism, it is necessary to allege the fixing the penalty to aggravating
same in the information and to attach be imposed upon the circumstance
thereto certified copies of the sentences accused
rendered against the accused. Rationale is the Rationale is the
Nonetheless, the trial court may still give such proven tendency to proven resistance to
AC credence if the accused does not object to commit a similar rehabilitation
the presentation.
offense

People v. Dacillo (2004):

Art. 14, Par. 9 Art. 62 par. 5
In order to appreciate recidivism as an
Recidivism Habitual
aggravating circumstance, it is necessary to
allege it in the information and to attach Delinquency
certified true copies of the sentences previously Two convictions At least three
meted out to the accused, in accordance with are enough convictions are
Rule 110, Section 8 of the Revised Rules of required
Criminal Procedure. The crimes are limited
and specified to:
a. serious
The crimes are not physical
10. Reiteracion/Habituality injuries,
specified; it is enough
that they may be b. Less
Par. 10 ―That the offender has been previously embraced under the serious
punished by an offense to which the law same title of the physical injuries,
attaches an equal or greater penalty or for two Revised Penal Code c. robbery,
or more crimes
to which it attaches a lighter penalty.‖ d. theft,
e. estafa or
Requisites: swindling and
(1) That the accused is on trial for an offense; f. falsification
(2) That he previously served sentence for
another offense to which the law attaches: There is a time limit
(a) an equal or of not more than 10
(b) greater penalty, or years between every
(c) for 2 or more crimes to which it There is no time limit conviction computed
attaches lighter penalty than that for between the first from the first
the new offense; and conviction and the conviction or release
(3) That he is convicted of the new offense. subsequent from punishment
conviction. thereof to conviction
In Reiteracion or Habituality, it is essential that Recidivism is computed from the
the offender be previously punished; that is, he imprescriptible. second conviction or
has served sentence. release therefrom to
the third conviction
Par. 10 speaks of and so on
• penalty attached to the offense, It is a generic Habitual delinquency
• not the penalty actually imposed aggravating is a special
circumstance which aggravating
Par. 9 Recidivism Par. 10 Reiteracion can be offset by an circumstance, hence
ordinary mitigating it cannot be offset by
It is enough that a It is necessary that
circumstance. any
final judgment has the offender shall
mitigating
been rendered in the have served out his circumstance.
If not offset, it would
first offense. sentence for the first
only increase the
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Aside from the 11. Prize, Reward or Promise
penalty prescribed by
law for the crime Par. 11 ―That the crime be committed in
committed, an consideration of a price, reward, or promise.‖
penalty prescribed by additional penalty
law for the crime shall be When this AC is present, there must be 2 or
committed to its imposed more principals:
maximum period depending upon a. the one who gives or offers the price or
whether it is already promise; and
the third conviction, b. the one who accepts it.
the fourth, the fifth
and so on • Both of whom are principals to the former,
because he directly induces the latter to
Since reiteracion provides that the accused has commit the crime, and the latter because
duly served the sentence for previous he commits it.
conviction/s, or is legally considered to have
done so, • When this AC is present, it affects not only
• quasi-recidivism cannot at the same time the person who received the price or
constitute reiteracion, hence the latter reward, but also the person who gave it.
cannot apply to a quasi-recidivist.
• The evidence must show that one of the
If the same set of facts constitutes recidivism accused used money or valuable
and reiteracion, consideration for the purpose of inducing
• the liability of the accused should be another to perform the deed. (U.S. v.
aggravated by recidivism which can be Gamao).
easily proven.
• If without previous promise it was given
People v. Cajara (2000): Accused Cajara voluntarily after a crime was committed as
raped 16year old Marita in front of his common- an expression of his appreciation for the
law wife who is the half-sister of the victim and sympathy and aid shown by the other
his two small children. The trial court convicted accused, it should not be taken into
him as charged and sentenced him to death. consideration for the purpose of increasing
the penalty.
Held: The records show that the crime was
aggravated by reiteracion under Art. 14, par. The price, reward or promise:
10, of The Revised Penal Code, the accused • Need not consist of or refer to material
having been convicted of frustrated murder in things; or
1975 and of homicide, frustrated homicide, • That the same were actually delivered, o it
trespass to dwelling, illegal possession of being sufficient that the offer made by the
firearms and murder sometime in 1989 where principal by inducement was accepted by
his sentences were later commuted to the principal by direct participation before
imprisonment for 23 years and a fine of the commission of the offense.
P200,000.00. He was granted conditional
pardon by the President of the Philippines on 8
November 1991. Reiteracion or habituality 12. lInundation, Fire, Poison
under Art. 14, par. 10, herein cited, is present
when the accused has been previously Par. 12 – ―That the crime be committed by
punished for an offense to which the law means of inundation, fire, poison, explosion,
attaches an equal or greater penalty than that stranding of a vessel or international damage
attached by law to the second offense or for thereto, derailment of a locomotive, or by the
two or more offenses to which it attaches a use of any other artifice involving great waste
lighter penalty. As already discussed, herein and ruin.‖
accused can be convicted only of simple rape
and the imposable penalty therefor is reclusion • Unless used by the offender as a means
perpetua. Where the law prescribes a single to accomplish a criminal purpose, any of
indivisible penalty, it shall be applied the circumstances in paragraph 12
regardless of the mitigating or aggravating cannot be considered to increase the
circumstances attendant to the crime, such as penalty or to change the nature of the
in the instant case. offense.
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• When another AC already qualifies the the act  before executing
crime, any of these AC‘s shall be it.
considered as generic aggravating
circumstance only. The essence of premeditation
• Fire is not aggravating in the crime of • an opportunity to coolly and serenely think
arson. and deliberate o on the meaning and o
• Whenever a killing is done with the use consequences of what he planned to do,
of fire, as when you kill someone, you • an interval long enough for his conscience
burn down his house while the latter is and better judgment to overcome his evil
inside, this is murder. desire and scheme. (People v. Durante)
• The premeditation must be based upon
There is no such crime as murder with arson or external facts, and must be evident, not
arson with homicide. The crime is only murder. merely suspected indicating deliberate
planning.
If the intent is to destroy property - the • The date and time when the offender
crime is arson even if someone dies as a determined to commit the crime is
consequence. essential, because the lapse of time for the
purpose of the third requisite is computed
If the intent is to kill - there is murder even if from that date and time.
the house is burned in the process. • After the offenders had determined to clung
commit the crime, there must be a
Illustration: manifest indication that they clung to their
A and B were arguing about something. One determination.
argument led to another until A struck B to • Where conspiracy is directly established,
death with a bolo. A did not know that C, the with proof of the attendant deliberation and
son of B was also in their house and who was selection of the method, time and means of
peeping through the door and saw what A did. executing the crime, the existence of
Afraid that A might kill him too, he hid evident premeditation can be taken for
somewhere in the house. A then dragged B‘s granted. (U.S. v. Cornejo)
body and poured gasoline on it and burned the
• Evident premeditation is inherent in
house altogether. As a consequence, C was
robbery, adultery, estafa, and falsification.
burned and eventually died too.
However, it may be aggravating in robbery
with homicide if the premeditation included
As far as the killing of B is concerned, it is
the killing of the victim. (People v.
homicide since it is noted that they were
Valeriano)
arguing. It could not be murder. As far as the
killing of C is concerned, it is arson since he • In order that premeditation may exist, it is
intended to burn the house only. not necessary that the accused
premeditated the killing of a particular
individual. If the offender premeditated on
13. Evident Premeditation the killing of any person (general attack), it
(Premeditacion Conocida) is proper to consider against the offender
the aggravating circumstance of evident
premeditation, because whoever is killed
Par. 12 ―That the act be committed with
by him is contemplated in the
evident
premeditation. (US v. Manalinde, 1909)
premeditation.‖

Requisites:
Illustrations:
(1) The time when the offender determined to
1. A and B fought on Monday. A told B that
commit the crime;
someday he will kill B. On Friday, A killed B.
(2) An act manifestly indicating that the culprit
2. C and D fought on Monday but since C
has clung to his determination; and
already suffered so many blows, he told D,
(3) A sufficient lapse of time between the
―This week shall not pass, I will kill you.‖
determination and execution, to allow him
On Friday, C killed D.
to reflect upon the consequences of his act
and to allow is conscience to overcome the
resolution of his will. Is there evident premeditation in both cases?
None in both cases.
Evident premeditation implies 
a deliberate planning of What condition is missing to bring about
evident premeditation? Evidence to show that
between Monday and Friday, the offender clung
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to his determination to kill the victim, acts near the breast with a fan knife. Eduardo
indicative of his having clung to his stabbed Dario and fled with his three
determination to kill B. companions from the scene.

3. A and B had a quarrel. A boxed B. A told B, Held: There was no evident premeditation. The
―I will kill you this week.‖ A bought prosecution failed to prove that the four
firearms. On Friday, he waited for B but intended to kill Dario and if they did intend to
killed C instead. kill him, the prosecution failed to prove how the
malefactors intended to consummate the
Was there evident premeditation? crime. Except for the fact that the appellant
There is aberratio ictus. So, qualify. and his three companions waited in an alley for
Dario to return to his house, the prosecution
Insofar as B is concerned, the crime is failed to prove any overt acts on the part of the
attempted murder because there is evident appellant and his cohorts showing that that
premeditation. However, that murder cannot they had clung to any plan to kill the victim.
be considered for C. Insofar as C is concerned,
the crime is homicide because there was no
evident premeditation. 14. Craft (Astucia), Fraud
(Fraude) or Disguise
People v. Salpigao: Evident premeditation is (Disfraz)
presumed to exist when conspiracy is directly
established. When conspiracy is merely Par. 14 ―That the craft, fraud or disguise be
implied, evident premeditation cannot be employed.‖
presumed, the
latter must be proved just like any other fact. Involves intellectual trickery and cunning on
the part of the accused.
People v. Mondijar (2002):
It is employed as a scheme in the execution of
Held: There was no evident premeditation. For the crime.
the circumstance of evident premeditation to
be appreciated, the prosecution must present FRAUD
clear and positive evidence of the planning and • Insidious words or machinations used o
preparation undertaken by the offender prior to to induce the victim o to act in a
the commission of the crime. Settled is the rule manner
that evident premeditation, like any other • which would enable the offender to carry
circumstance that qualifies a killing to murder, out his design.
must be established beyond reasonable doubt
as conclusively and indubitably as the killing CRAFT
itself. In the present case, no evidence was • Craft and fraud may be o absorbed in
presented by the prosecution as to when and treachery if they have been deliberately
how appellant planned and prepared for the adopted as the means,
killing of the victim. There is no showing of any methods or forms for the treacherous
notorious act evidencing a determination to strategy, or
commit the crime which could prove o they may co-exist independently
appellant's criminal intent. where they are adopted for a different
purpose in the commission of the
crime.
People v. Biso (2003): Dario, a black belt in
karate, entered an eatery, seated himself
beside Teresita and made sexual advances to Fraud Craft
her in the presence of her brother, Eduardo. When there is a
The act of the
Eduardo contacted his cousin, Biso, an ex- DIRECT
accused was done in
convict and a known toughie in the area, and INDUCEMENT by
order NOT TO
related to him what Dario had done to Teresita. insidious words or
AROUSE SUSPICION
Eduardo and Pio, and 2 others decided to machinations
confront Dario. They positioned themselves in
the alley near the house of Dario. When Dario DISGUISE
arrived on board a taxicab, the four assaulted • Resorting to any device to conceal identity.
Dario. Eduardo held, with his right hand, the • The test of disguise is o whether the device
wrist of Dario and covered the mouth of Dario or contrivance resorted to by the offender
with his left hand. The 2 others held Dario's
right hand and hair. Pio then stabbed Dario
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o was intended to or did make o but their relative physical might vis-à-
identification more difficult, such as the vis
use of a mask, false hair or beard. the offended party
• But if in spite of the use of handkerchief to
cover their faces, the culprits were Means Employed to Weaken Defense
recognized by the victim, disguise is not • This circumstance is applicable only o to
considered aggravating. crimes against persons and o sometimes
against person and property, such as
People v. San Pedro: Where the accused robbery with physical injuries or homicide.
pretended to hire the driver in order to get his
vehicle, it was held that there was craft The means used must not totally eliminate
directed to the theft of the vehicle, separate possible defense of the victim,
from the means subsequently used to • otherwise it will fall under treachery
treacherously kill the defenseless driver.
People v. Carpio: There must be evidence of
People v. Masilang: There was also craft notorious inequality of forces between the
where after hitching a ride, the accused offender and the offended party in their age,
requested the driver to take them to a place to size and strength, and that the offender took
visit somebody, when in fact they had already advantage of such superior strength in the
planned to kill the driver. commission of the crime. The mere fact that
there were two persons who attacked the
People v. Labuguen (2000): Craft involves victim does not per se constitute abuse of
intellectual trickery and cunning on the part of superior strength.
the offender. When there is a direct inducement
by insidious words or machinations, fraud is People v. Lobrigas (2002): The crime
present. By saying that he would accompany committed was murder qualified by the
the victim to see the cows which the latter aggravating circumstance of abuse of superior
intended to buy, appellant was able to lure the strength. To appreciate abuse of superior
victim to go with him. strength, there must be a deliberate intent on
the part of the malefactors to take advantage
of their greater number. They must have
15. Superior Strength or Means notoriously selected and made use of superior
to Weaken Defense strength in the commission of the crime. To
take advantage of superior strength is to use
To TAKE ADVANTAGE of superior strength excessive force that is out of proportion to the
means means for selfdefense available to the person
• to use purposely excessive force attacked; thus, the prosecution must clearly
• out of proportion to the means of defense show the offenders' deliberate intent to do so.
available to the person attacked.
People v. Barcelon (2002):
Superiority may arise from Held: Abuse of superior strength was present in
• aggressor‘s sex, build, weapon or number the commission of the crime. The court cited
• as compared to that of the victim (e.g. the case of People vs. Ocumen, where an
accused attacked an unarmed girl with a attack by a man with a deadly weapon upon an
knife; 3 men stabbed to death the female unarmed woman constitutes the circumstance
victim). of abuse of that superiority which his sex and
the weapon used in the act afforded him, and
No advantage of superior strength when from which the woman was unable to defend
• one who attacks is overcome with passion herself.
and obfuscation or The disparity in age between the assailant and
• when quarrel arose unexpectedly and the the victim, aged 29 and 69, respectively,
fatal blow was struck while victim and indicates physical superiority on appellant's
accused were struggling. part over the deceased. It did not matter that
appellant was "dark" with a "slim body build" or
Versus by a band: "medyo mataba." What mattered was that the
malefactor was male and armed with a lethal
• In the circumstance of abuse of superior
weapon that he used to slay the victim.
strength, what is taken into account is o
not the number of aggressors nor the fact
People v. Sansaet (2002):
that they are armed
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Held: Mere superiority in number, even (2) That the offender consciously adopted
assuming it to be a fact, would not necessarily the particular means, method or form of
indicate the attendance of abuse of superior attack employed by him.
strength. The prosecution should still prove that
the assailants purposely used excessive force Employment of means, methods and form in
out of proportion to the means of defense the commission of the crime:  which tend
available to the persons attacked. directly and specially to
• ensure its execution
Finally, to appreciate the qualifying • without risk to himself arising from the
circumstance of abuse of superior strength, defense which the offended party might
what should be considered is whether the make.
aggressors took advantage of their combined
strength in order to consummate the offense. The essence of treachery is that by virtue of
To take advantage of superior strength means the means, method or form employed by the
to purposely use excessive force out of offender, the offended party was not able to
proportion to the means available to the person put up any defense.
attacked to defend himself. • If the offended party was able to put up a
defense, even only a token one, there is no
treachery.
People v. Ventura (2004): Ventura armed • Instead, some other aggravating
with a .38 Caliber Home-made Revolver and circumstance may be present but it is no
Flores armed with a bladed weapon, entered longer treachery.
the house of the Bocatejas by cutting a hole in
the kitchen door. Ventura announced a hold-up Rules Regarding Treachery
and hit Jaime on the head and asked for the (1) Applicable only to crimes against persons.
keys. Jaime called out for help and tried to (2) Means, methods or forms need not insure
wrestle the gun away from Ventura. Flores then accomplishment or consummation of the
stabbed Jaime 3 times. Flores also stabbed crime.
Jaime‘s wife Aileen who had been awakened.
• The treacherous character of the means
Aileen tried to defend herself with an electric
employed in the aggression does not
cord to no avail. Aileen died on the hospital on
depend upon the result thereof but upon
the same day.
the means itself. Thus, frustrated murder
could be aggravated by treachery.
Held: By deliberately employing a deadly (3) The mode of attack must be consciously
weapon against Aileen, Flores took advantage adopted.
of the superiority which his strength, sex and
• The accused must make some
weapon gave him over his unarmed victim. The
preparation to kill the deceased in such
fact that Aileen attempted to fend off the
manner as to insure the execution of the
attack on her and her husband by throwing
crime or to make it impossible or hard
nearby objects, such as an electric cord, at
for the person attacked to defend
appellant Flores does not automatically negate
himself or retaliate. (People v. Tumaob)
the possibility that the latter was able to take
advantage of his superior strength. • It must be a result of meditation,
calculation or reflection. (U.S. v.
Balagtas)
16. Treachery (Alevosia) (4) Treachery cannot be presumed. The
suddenness of the attack does not, of itself,
Par. 16 – ―That the act be committed with suffice to support a finding of alevosia,
treachery (alevosia) even if the purpose was to kill, so long as
There is treachery when the offender commits the decision was made all of a sudden and
any of the crimes against the person, the victim‘s helpless position was
employing means, methods, or forms in the accidental. (People v. Lubreo). It must be
execution thereof which tend directly and proved by clear and convincing evidence.
specially to insure its execution, without risk to (People v. Santos).
himself arising from the defense
which the offended party might make.‖ Attacks show intention to
eliminate risk:  Victim asleep 
Requisites: Victim half-awake or just awakened 
(1) The employment of means of execution Victim grappling or being held.
that gave the person attacked no • Attacked from behind
opportunity to defens himself or
retaliate; and
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Additional rules: No one has positively testified on how Lennie
• When the aggression is CONTINUOUS, was killed but the victim‘s body shows the
treachery must be present in the manner in which she was attacked by her
BEGINNING of the assault. assailant. It eloquently speaks for itself. The
• When the assault WAS NOT CONTINUOUS, injuries established the manner in which the
in that there was an interruption, it is killing was cruelly carried out with little or no
sufficient that treachery was present AT risk to the assailant. The number of stab
THE MOMENT THE FATAL BLOW WAS GIVEN. wounds, most of which were inflicted at the
back of the child — unarmed and alone —
Illustration: shows the deliberateness, the suddenness and
A and B have been quarreling for some time. the unexpectedness of the attack, which thus
One day, A approached B and befriended him. deprived her of the opportunity to run or fight
B accepted. A proposed that to celebrate their back.
renewed friendship, they were going to drink. B
was having too much to drink. A was just People v. Dumadag (2004): Prudente with his
waiting for him to get intoxicated and after friends including Meliston agreed to meet at a
which, he stabbed B. swimming pool to celebrate the feast of St.
John. On their way home, there was heavy
A pretended to befriend B, just to intoxicate the downpour so they decided to take a shelter at a
latter. Intoxication is the means deliberately store where 2 men, 1 of whom is Dumadag are
employed by the offender to weaken the having some drinks. Dumadag offered Prudente
defense of the other party. a drink of Tanduay but the latter refused then
left. Dumadag followed Prudente and stabbed
If this was the very means employed, the the victim on his breast with a knife which
circumstance may be treachery and not abuse resulted to his death.
of
superior strength or means to weaken the Held: As a general rule, a sudden attack by the
defense assailant, whether frontally or from behind, is
treachery if such mode of attack was
People vs. Ilagan: Suddenness of the attack deliberately adopted by him with the purpose
does not by itself constitute treachery in the of depriving the victim of a chance to either
absence of evidence that the manner of attack fight or retreat. The rule does not apply if the
was consciously adopted by the offender to attack was not preconceived but merely
render the victim defenseless. triggered by infuriation of the appellant on an
act made by the victim. In the present case, it
is apparent that the attack was not
People v. Malejana: Treachery may still be
preconceived. It was triggered by the
appreciated even when the victim was
appellant's anger because of the victim's
forewarned of danger to his person. What is
refusal to have a drink with the appellant and
decisive is that the execution of the attack
his companions.
made it impossible for the victim to defend
himself or to retaliate. Thus, even a frontal
attack could be treacherous when unexpected
and on an unarmed victim who would be in no Treachery absorbs:
position to repel the attack or avoid it. (1) Abuse of superior strength (U.S. v. Estopia)
(2) Use of means to weaken the defense
Treachery cannot co-exist with (People v. Siatong)
passion and obfuscation. (3) Aid of armed men (People v. Ferrera)
(4) Nighttime (People v. Kintuan)
(5) Craft (People v. Malig)
People v. Rendaje (2000):
(6) By a band (People v. Ampo-an)
Treachery qualified the killing to murder.

To constitute treachery, two conditions must 17. Ignominy

concur: (1) the employment of means, methods
or manner of execution that would ensure the Par. 17 ―That means be employed or
offender's safety from any defense or circumstances brought about which add
retaliatory act on the part of the offended ignominy to the natural
party; and (2) the offender's deliberate or effects of the act.‖
conscious choice of the means, method or
manner of execution. • It is a circumstance pertaining to the
moral order, which adds disgrace to the
material injury caused by the crime.
 CRIMINAL LAW REVIEWER

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• The means employed or the sufferings. Ignominy was appreciated in a
circumstances brought about must tend to case where a woman was raped in the
make the effects of the crime MORE presence of her betrothed, or of her
HUMILIATING or TO PUT THE OFFENDED husband, or was made to exhibit to the
PARTY TO SHAME. rapists her complete nakedness before they
• Applicable to crimes against chastity, raped her.
rape, less serious physical injuries, light or
grave coercion and murder.
• Raping a woman from behind is
ignominous because that is not the normal
18. Unlawful Entry
form of intercourse, it is something which
offends the morals of the offended Par. 18 – ―That the crime be committed after
woman. This is how animals do it. an unlawful entry.

People v. Torrefiel (1947): The novelty of the There is an unlawful entry when an entrance of
manner in which the accused raped the victim a crime a wall, roof, floor, door, or window be
by winding cogon grass around his genitals broken.‖
augmented the wrong done by increasing its
pain and adding ignominy thereto. • There is unlawful entry when an
entrance is effected by a way not
People v. Alfanta (1999): There was ignominy intended for the purpose.
because the accused not only used missionary • Unlawful entry must be a means to
position but also ―the same position as dogs effect entrance and not for escape.
do.‖ He also inserted his finger inside her. • There is no unlawful entry when the
Although the ―dog position‖ is not novel and door is broken and thereafter the
often been used by couples, there is ignominy accused made an entry thru the broken
if the sexual act is performed not by consenting door. The breaking of the door is
parties. covered by paragraph 19.

Unlawful entry is inherent in the crime of

People v. Cachola (2004): For ignominy to be trespass to dwelling and robbery with force
appreciated, it is required that the offense be upon things but aggravating in the crime of
committed in a manner that tends to make its robbery with violence against or intimidation of
effect more humiliating, thus adding to the persons.
victim's moral suffering. Where the victim was
already dead when his body or a part thereof
was dismembered, ignominy cannot be taken
19. Breaking Wall, Floor, Roof
against the accused. In this case, the
information states that Victorino's sexual organ Par. 19 – ―as a means to the commission of the
was severed after he was shot and there is no crime, a wall, roof, floor, door or window be
allegation that it was done to add ignominy to broken‖.
the natural effects of the act. We cannot,
therefore, consider ignominy as an aggravating • To be considered as an AC, breaking the
circumstance. door must be utilized as a means to the
commission of the crime.
People v. Bumidang (2000): The • It is only aggravating in cases where the
aggravating circumstance of ignominy offender resorted to any of said means TO
shall be taken into account if means are ENTER the house.
employed or circumstances brought about • If the wall, etc. is broken in order to get
which add ignominy to the natural effects out of the place, it is not aggravating.
of the offense; or if the crime was • Because of the phrase ―as a means to
committed in a manner that tends to make the commission of a crime‖, it is not
its effects more humiliating to the victim, necessary that the offender should have
that is, add to her moral suffering. It was entered the building. What aggravates the
established that Baliwang used the liability of the offender is the breaking of a
flashlight and examined the genital of part of the building as a means to the
Gloria before he ravished her. He commission of the crime.
committed his bestial deed in the presence
of Gloria's old father. These facts clearly
show that Baliwang deliberately wanted to 20. With Aid of Persons Under
further humiliate Gloria, thereby 15; By Motor Vehicle
aggravating and compounding her moral
 CRIMINAL LAW REVIEWER

91
Par. 20 – ―That the crime be committed with moral order, whether
the aid of persons under fifteen years of age or or not
by means of motor vehicles, motorized
the victim is dead or
watercraft, airships, or other similar means‖
alive
a. With the aid of persons under 15 years
of age People v. Catian (2002): Catian repeatedly
struck Willy with a "chako" on the head,
• To repress, so far as possible, the
causing Willy to fall on his knees. Calunod
frequent practice resorted to by
seconded by striking the victim with a piece of
professional criminals of availing wood on the face. When Willy finally collapsed,
themselves of minors taking Sumalpong picked him up, carried him over his
advantage of their lack of criminal shoulder, and carried Willy to a place where
responsibility (remember that minors they burned Willy. The latter‘s skeletal remains
are were discovered by a child who was pasturing
given leniency when they commit a crime) his cow near a peanut plantation.

b. By means of a motor vehicle To Held: The circumstance of cruelty may not be

counteract the great facilities found by considered as there is no showing that the
modern criminals in said means to commit victim was burned while he was still alive. For
crime and flee and abscond once the same cruelty to exist, there must be proof showing
is committed. that the accused delighted in making their
victim suffer slowly and gradually, causing him
This circumstance is aggravating only when unnecessary physical and moral pain in the
used in the commission of the offense. consummation of the criminal act. No proof
• If motor vehicles are used only in the was presented that would show that accused-
escape of the offender, it is not appellants deliberately and wantonly
aggravating. It must have been used augmented the suffering of their victim.
to facilitate the commission of the
crime to be aggravating.
People v. Guerrero (2002): Appellant first
severed the victim's head before his penis was
―Or other similar means‖ – the expression cut-off. This being the sequence of events,
should be understood as referring to  cruelty has to be ruled out for it connotes an
MOTORIZED vehicles or act of deliberately and sadistically augmenting
• other efficient means of transportation the wrong by causing another wrong not
similar to automobile or airplane. necessary for its commission, or inhumanely
increasing the victim's suffering. As testified to
21. Cruelty by Dr. Sanglay, and reflected in her medical
certificate, Ernesto in fact died as a result of his
head being severed. No cruelty is to be
Requisites:
appreciated where the act constituting the
(1) That the injury caused be deliberately
alleged cruelty in the killing was perpetrated
increased by causing other wrong;
when the victim was already dead.
(2) That the other wrong be unnecessary for
the execution of the purpose of the
offender.

For it to exist, it must be shown that the 1. Qualifying

accused enjoyed and delighted in making
a. Decree Codifying the Laws on
his victim suffer.
llegal/Unlawful Possession etc. of
If the victim was already dead when the Firearms, Ammunition or Explosives
acts of mutilation were being performed, (P.D. 1866, as amended by R.A. 8294)
 this would also qualify the killing to b. The Comprehensive Dangerous Drugs
murder due to outraging of his corpse. Act of
2002 (R.A.9165)
Ignominy Cruelty
shocks the moral
physical
conscience of man 1. Decree Codifying the Laws
refers to the moral refers to the physical on Illegal/Unlawful
effect of a crime and suffering of the victim
Possession, Manufacture,
it pertains to the so he has to be alive
 CRIMINAL LAW REVIEWER

92
Dealing in, Acquisition or With the passage of Republic Act. No. 8294 on 6
Disposition, of Firearms, June 1997, the use of an unlicensed firearm in
murder homicide is now considered as a
Ammunition or SPECIAL aggravating circumstance and not a
Explosives (P.D. 1866, as generic aggravating circumstance.
amended by R.A. 8294) as
an aggravating circumstance Note:
Under 2012 Supreme Court Syllabus, acts
(Asked once in the Bar during 1979-1982, twice punishable under PD 1866, as amended by RA
during 2000-2006) 8294, are under the subtopic qualifying
aggravating circumstances but tagged as
Acts punished AGGRAVATING only.
1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or People vs. Ladjaalam (2000):
ammunition or instruments used or If an unlicensed firearm is used in the
intended to be used in the manufacture of commission of any crime, there can be no
firearms or ammunition… separate offense of simple illegal possession of
 Provided, That no other crime is committed. firearms.
a. If homicide or murder is committed
with the use of an unlicensed firearm, Hence, if the ―other crime‖ is murder or
such use of an unlicensed firearm shall homicide, illegal possession of firearms
be considered as an aggravating becomes merely an aggravating circumstance,
circumstance. not a separate offense.
b. If the violation of this section is in
furtherance of or incident to, or in Since direct assault with multiple attempted
connection with the crime of rebellion homicide was committed in this case, appellant
or insurrection, sedition, or attempted can no longer be held liable for illegal
coup d'etat, such violation shall be possession of firearms.
absorbed as an element of the crime of
rebellion, or insurrection, sedition, or
attempted coup d'etat.

2. Unlawful manufacture, sale, acquisition, 2. Comprehensive Dangerous

disposition or possession of explosives. Drugs Act of 2002 (RA 9165)
a. When a person commits any of the
crimes defined in the Revised Penal
Code or special laws i. As a qualifying aggravating
 with the use of the aforementioned circumstance
explosives, detonation agents or Section 25. Qualifying Aggravating
incendiary devices, which results in the Circumstances in the Commission of a Crime
death of any person or persons, by an Offender Under the Influence of
 the use of such explosives, detonation Dangerous Drugs. – Notwithstanding the
agents or incendiary devices shall be provisions of any law to the contrary, a positive
considered as an aggravating finding for the use of dangerous drugs shall be
circumstance. a qualifying aggravating circumstance in the
3. Tampering of firearm's serial number. commission of a crime by an offender, and the
4. Repacking or altering the composition of application of the penalty provided for in the
lawfully manufactured explosives. Revised Penal Code shall be applicable.

People vs. De Gracia (1994): ii. Immunity from prosecution and

Ownership is not an essential element of illegal punishment, coverage
possession of firearms and ammunition.
Sec. 33. Immunity from Prosecution and
What the law requires is merely possession Punishment. – Notwithstanding the provisions
which includes not only actual physical of Section 17, Rule 119 of the Revised Rules of
possession but also constructive Criminal Procedure and the provisions of
possession. Republic Act No. 6981 or the Witness
Protection, Security and Benefit Act of 1991,
any person who has violated Sections 7, 11, 12,
Palaganas vs. Court of Appeals (2006): 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any
 CRIMINAL LAW REVIEWER

93
violation of Sections 4, 5, 6, 8, 10, 13, and 16, subsequently that the information and/or
Article II of this Act as well as any violation of testimony is false, malicious or made only for
the offenses mentioned if committed by a drug the purpose of harassing, molesting or in any
syndicate, or any information leading to the way prejudicing the persons described in the
whereabouts, identities and arrest of all or any preceding Section against whom such
of the members thereof; and who willingly information or testimony is directed against. In
testifies against such persons as described such case, the informant or witness shall be
above, shall be exempted from prosecution or subject to prosecution and the enjoyment of all
punishment for the offense with reference to rights and benefits previously accorded him
which his/her information of testimony were under this Act or any other law, decree or order
given, and may plead or prove the giving of shall be deemed terminated.
such information and testimony in bar of such
prosecution: Provided, That the following In case an informant or witness under this Act
conditions concur: fails or refuses to testify without just cause, and
when lawfully obliged to do so, or should
(1) The information and testimony are he/she violate any condition accompanying
necessary for such immunity as provided above, his/her
the conviction of the persons described above; immunity shall be removed and he/she shall
likewise be subject to contempt and/or criminal
(2) Such information and testimony are not prosecution, as the case may be, and the
yet in enjoyment of all rights and benefits previously
the possession of the State; accorded him under this Act or in any other
law, decree or order shall be deemed
terminated.
(3) Such information and testimony can be
corroborated on its material points;
In case the informant or witness referred to
under this Act falls under the applicability of
(4) the informant or witness has not been
this Section hereof, such individual cannot avail
previously convicted of a crime involving
of the provisions under Article VIII of this Act.
moral turpitude, except when there is no
other direct evidence available for the
State other than the information iii. Minor offenders
and testimony of said informant or witness; and
Sec. 66. Suspension of Sentence of a First-
(5) The informant or witness shall strictly and Time Minor Offender. – An accused who is
faithfully comply without delay, any over fifteen (15) years of age at the time of the
condition or undertaking, reduced into commission of the offense mentioned in
writing, lawfully imposed by the State as Section 11 of this Act, but not more than
further consideration for the grant of eighteen (18) years of age at the time when
immunity from prosecution and judgment should have been promulgated after
punishment. having been found guilty of said offense, may
be given the benefits of a suspended sentence,
subject to the following conditions:
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
not appear to be most guilty for the offense (a) He/she has not been previously convicted of
with reference to which his/her information or violating any provision of this Act, or of the
testimony were given: Provided, finally, That Dangerous Drugs Act of 1972, as amended;
there is no direct evidence available for the or of the Revised Penal Code; or of any
State except for the information and testimony special penal laws;
of the said informant or witness. (b) He/she has not been previously committed
to a Center or to the care of a DOH-
accredited physician; and
Sec. 34. Termination of the Grant of
(c) The Board favorably recommends that
Immunity. – The immunity granted to the
his/her sentence be suspended.
informant or witness, as prescribed in Section
33 of this Act, shall not attach should it turn out
 Sec. 67.
While under
Discharge
suspended Aftersentence,
Compliance
he/she with
shall Sec. 70. Probation or Community Service
be under the
Conditions
CRIMINAL
of supervision
Suspendedand
LAW REVIEWER
Sentence
rehabilitative
of a for a First-Time Minor Offender in Lieu of
surveillance Minor
First-Time of [Link],– If under
the accused
such Imprisonment. – Upon promulgation of the
conditions
first time that
minortheoffender
court may under impose
suspended
for a sentence, the court may, in its discretion, place
period ranging
sentence complies
from six
with(6)the months
applicable
to eighteen
rules the accused under probation, even if the
94 (18) months.
and regulations of the Board, including
confinement in a Center, the court, upon a
sentence provided under this Act is higher than
that provided under existing law on probation,
favorable recommendation
Upon recommendation of theof the Board
Board, thefor the
court or impose community service in lieu of
final
may discharge
commit the of the accused,
accused undershallsuspended
discharge imprisonment. In case of probation, the
the accused
sentence to aand dismiss
Center, or all
to proceedings.
the care of a DOH- supervision and rehabilitative surveillance shall
accredited physician for at least six (6) months, be undertaken by the Board through the DOH
with after-care
Upon the dismissaland offollow-up program against
the proceedings for not in coordination with the Board of
moreaccused,
the than eighteen (18)shall
the court [Link] an order to Pardons and Parole and the Probation
expunge all official records, other than the Administration. Upon compliance with the
In the case of
confidential minors
record to under fifteenby
be retained (15)
theyears
DOJ conditions of the probation, the Board shall
of age at
relating to the time of
the case. Such thean commission
order, which of shall
any submit a written report to the court
offense
be kept penalized under
confidential, shallthis Act, Article
restore 192 of
the accused recommending termination of probation and a
Presidential Decree No. final discharge of the probationer, whereupon
to his/her status prior to 603, otherwise
the case. He/she known
shall
as the Child and Youth Welfare Code, as the court shall issue such an order.
not be held thereafter to be guilty of perjury or
amended by Presidential
of concealment Decree No. 1179
or misrepresentation shall
by reason
The community service shall be complied with
apply, without prejudice to the
of his/her failure to acknowledge the case or application of
under conditions, time and place as may be
the provisions
recite any factofrelated
this Section.
thereto in response to determined by the court in its discretion and
any inquiry made of him for any purpose. upon the recommendation of the Board and
Section 71. Records to be kept by the Department shall apply only to violators of Section 15 of
of Justice. – The DOJ shall keep a confidential record this Act. The completion of the community
of the proceedings on suspension of sentence service shall be under the supervision and
and shall not be used for any purpose other than to rehabilitative surveillance of the Board during
the period
determine required
whether by athe
or not court.
person Thereafter,
accused under
Sec. 68. Privilege of Suspended Sentence this the Board shall render a report on the manner
to be Availed of Only Once by a First-Time Act of compliance of said community service. The
is a court in its discretion may require extension of
Minor Offender. – The privilege of suspended
first- the community service or order a final
sentence shall be availed of only once by an discharge.
accused drug dependent who is a first-time time
offender over fifteen (15) years of age at the Section
In both 98, RA the
cases, 9165. Limited
judicial Applicability
records shall ofbe
time of the commission of the violation of the Revised
covered Penal
by the Code. – of
provisions Notwithstanding
Sections 60 andany 64
Section 15 of this Act but not more than law,
of thisrule
Act. or regulation to the contrary, the
eighteen (18) years of age at the time when provisions of the Revised Penal Code (Act No.
judgment should have been promulgated. 3814),
If the as amended,
sentence shall not by
promulgated apply
the tocourt
the
Sec. 69. Promulgation of Sentence for provisions of this Act, except in the case of
requires imprisonment, the period spent in the
First-Time Minor Offender. – If the accused minor offenders. Where the offender is a minor,
Center by the accused during the suspended
first-time minor offender violates any of the the penalty forshall
actsbe punishable by thelife
sentence period deducted from
conditions of his/her suspended sentence, the imprisonment to death provided herein shall be
sentence to be served.
applicable rules and regulations of the Board reclusion perpetua to death.
exercising supervision and rehabilitative
surveillance over him, including the rules and Art. 10, RPC. Offenses not subject to the
regulations of the Center should confinement provisions of this Code. — Offenses which are
be required, the court shall pronounce or in the future may be punishable under
judgment of conviction and he/she shall serve special laws are not subject to the provisions of
sentence as any other convicted person. this Code. This Code shall be supplementary to
minor offender. such laws, unless the

iv. Application/Non application of RPC provisions (Sec. 98, R.A. No. 9165)
provisions (sec. 98) cf. Art. 10, RPC

latter should specially provide the contrary. c. for the purpose of gain in the commission
of a
crime.
OTHER AGGRAVATING
Special aggravating circumstance
CIRCUMSTANCE The maximum penalty shall be imposed
Organized or Syndicated Crime Group (Art.
• if the offense was committed by any
62, RPC)
person
• who belongs to an organized or
Organized or syndicated crime
syndicated crime group.
group: a. A group of two or more
persons
b. collaborating, confederating or mutually
helping one another
 CRIMINAL LAW REVIEWER

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E. Alternative • But the serious physical injuries must not be
inflicted by a parent upon his child by
Circumstances excessive chastisement.

(ASKED TWICE IN BAR EXAMS) When the crime is LESS SERIOUS PHYSICAL
INJURIES OR SLIGHT PHYSICAL INJURIES
THREE TYPES of alternative circumstances: • if the offended party is a relative of a higher
1. Relationship degree than the offender
2. Intoxication
3. Degree of education/instruction When crime against persons is HOMICIDE OR
MURDER,
IMPORTANT POINT: • relationship is aggravating even if the
Circumstances which must be taken in victim of the crime is a relative of
consideration as aggravating or mitigating lower degree.
according to the nature and effects of the
crime In CRIMES AGAINST CHASTITY,
• relationship is always aggravating
1. Relationship
In the CRIME OF QUALIFIED SEDUCTION,
(BRADSS)
• the offended woman must be a virgin and
less than 18 years old.
i. Spouse
ii. Ascendant • But if the offender is a brother of the
iii. Descendant offended woman or an ascendant of the
iv. Brother v. Sister offended woman, o regardless of whether
vi. Relative by Affinity the woman is of bad reputation,
o even if the woman is 60 years old or
a. Where relationship is more,
exempting In the case of an accessory • crime is qualified seduction. In such a
who is related to the principal within the case, relationship is qualifying.
relationship prescribed in Article
20; c. Where relationship is mitigating When
the CRIME IS LESS SERIOUS PHYSICAL
Also in Article 247, a spouse does not incur INJURIES OR SLIGHT PHYSICAL INJURIES
criminal liability for a crime of less serious • if the offended party is a relative of a higher
physical injuries or serious physical injuries if degree than the offender
this was inflicted after having surprised the
offended spouse or paramour or mistress When crime against persons is HOMICIDE OR
committing actual sexual intercourse. MURDER,
• relationship is aggravating even if the
Those commonly given in Article 332 when victim of the crime is a relative of
the crime of theft, malicious mischief lower degree.
and swindling or estafa.
In CRIMES AGAINST CHASTITY,
b. Where relationship is • relationship is always aggravating
aggravating In CRIMES AGAINST
PERSONS in cases where In the CRIME OF QUALIFIED SEDUCTION,
• the offended party is a relative of a higher • the offended woman must be a virgin and
degree than the offender (grandson kills less than 18 years old.
grandfather), or
• But if the offender is a brother of the
• when the offender and the offended party
offended woman or an ascendant of the
are relatives of the same level, as killing a
offended woman, o regardless of whether
brother, a brother-in-law, a half-brother or
the woman is of bad reputation,
adopted brother.
o even if the woman is 60 years old or
When CRIME AGAINST PERSONS is any of more,
the SERIOUS PHYSICAL INJURIES (Art. • crime is qualified seduction. In such a
263), even if the offended party is a case, relationship is qualifying.
descendant of the offender, relationship is
AGGRAVATING. When the CRIME IS LESS SERIOUS
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People v. Atop (1998): 11-year-old Regina aggravating if habitual or intentional. To be
lives with her grandmother. Atop is the mitigating, it must be indubitably proved. A
common-law husband of her grandmother. Atop habitual drunkard is one given to intoxication
was found guilty of 4 counts of rape which was by excessive use of intoxicating drinks. The
committed in 1993 (2x), 1994 and 1995. The habit should be actual and confirmed. It is
lower court took into account the Aggravating unnecessary that it be a matter of daily
Circumstance of relationship. occurrence. Intoxication lessens the
individual resistance to evil thought and
Held: The law cannot be stretched to include undermines will-power making its victim a
persons attached by common-law relations. potential evil doer. In this case, the
In this case, there is no blood relationship or intoxication of the appellant not being
legal bond that links Atop to his victim. habitual and considering that the said
appellant was in a state of intoxication at the
People v. Marcos (2001): time of the commission of the felony, the
In order that the alternative circumstance of alternative circumstance of intoxication
relationship may be taken into consideration should be considered mitigating.
in the imposition of the proper penalty, the
offended party must either be the (a) spouse,
3. Degree of Instruction/
(b) ascendant, (c) descendant, (d) legitimate,
natural or adopted brother or sister, or (e) Education
relative by affinity in the same degree, of the
offender.. The rule is that relationship is Refers to the lack of sufficient intelligence of
aggravating in crimes against persons as and
when the offender and the offended party are knowledge of the full significance of one‘s act
relatives of the same level, such as killing a
brother. Being illiterate does not mitigate liability if
crime committed is one which one inherently
understands
as wrong (e.g. parricide)
2. Intoxication
To be considered mitigating, degree of
It is only the circumstance of intoxication instruction must have some reasonable
which a. if not mitigating, connection to the offense.
b. is automatically aggravating.

a. When mitigating
F. Absolutory Causes
(1) There must be an indication that
(a) because of the alcoholic intake of
the offender, There are FOUR TYPES of absolutory
(b) he is suffering from diminished circumstances:
selfcontrol. 1. INSTIGATION
(c) It is not the quantity of alcoholic 2. PARDON
drink. 3. OTHER ABSOLUTORY CAUSES
(d) Rather it is the effect of the 4. ACTS NOT COVERED BY LAW AND IN
alcohol upon the offender CASE OF EXCESSIVE PUNISHMENT
which shall be the basis of (ART. 5)
the mitigating circumstance.
(2) That offender is IMPORTANT POINTS:
(a) not a habitual drinker and Acts not covered by law and in case of
(b) did not take alcoholic drink with excessive
the intention to reinforce his punishment (art. 5)
resolve to commit crime
Absolutory causes are those where the act
b. When Aggravating: committed is a crime but for reasons of public
(1) If intoxication is habitual policy and sentiment there is no penalty
(2) If it is intentional to embolden imposed.
offender to commit crime

People v. Camano (1982): 1. Instigation

Intoxication is mitigating if accidental, not Entrapment Instigation
habitual nor intentional, i.e., not subsequent Ways and means are The instigator
to the plan to commit the crime. It is resorted to practically induces
 CRIMINAL LAW REVIEWER

97
for the appellant was an entrapment, not instigation.
the would-be accused
purpose of trapping In entrapment, ways and means are resorted to
into the commission for the purpose of trapping and capturing
and capturing the
of the offense and lawbreakers in the execution of their criminal
lawbreaker in
himself becomes a plan. In instigation, instigators practically
the execution
co-principal. induce the would-be defendant into the
of his criminal plan
commission of the offense and become co-
The law enforcer principals themselves. Entrapment is
conceives the sanctioned by law as a legitimate method of
The means originate commission of the apprehending criminal elements engaged in
from the mind of the crime and suggests the sale and distribution of illegal drugs.
criminal. to the accused who
carries it into
execution. US v. Phelps (1910): Phelps was charged
A public officer or a and found guilty for violating the Opium Law
A person has planned private detective (Act No. 1761). Phelps was induced by Smith,
or is about to commit induces an innocent an employee of the Bureau of Internal
a crime and ways and person to commit a Revenue, into procuring opium, providing for
means are resorted crime and would a venue and making arrangements for the
to by a public officer arrest him upon or two of them to smoke opium.
to trap and catch the after the commission
criminal. of the crime by the Held: Smith not only suggested the
latter. commission of the crime but also expressed
his desire to commit the offense in paying the
The accused must be amount required for the arrangements. Such
Not a bar to the acquitted because
acts done by employees of government in
prosecution and the offender simply
encouraging or inducing persons to commit a
conviction of the acts as a tool of the
crime in order to prosecute them are most
lawbreaker. law
reprehensible.
enforcers
This is an instance of instigation where Smith,
EXAMPLE OF ENTRAPMENT:
the instigator (who is either a public officer or
A, a government anti-narcotics agent, acted as
a private detective) practically induces the
a poseur buyer of shabu and negotiated with B,
would-be accused into the commission of the
a suspected drug pusher who is unaware that A
offense.
is a police officer. A then paid B in marked
money and the latter handed over a sachet of
shabu. Upon
signal, the cops closed in on B People v. Lua Chu and Uy Se Tieng
(1931) Held: Entrapment is not a case
EXAMPLE OF INSTIGATION: where an innocent person is induced to
commit a crime merely to prosecute him,
A, leader of an anti-narcotics team,
but it simply a trap set to catch a
approached and persuaded B to act as a
criminal.
buyer of shabu and transact with C, a
suspected pusher. B was given marked
money to pay C for a sachet of shabu. After
the sale was consummated, the cops closed Entrapment - Entrapping persons into crime
in and arrested both B and C. for the purpose of instituting criminal
prosecutions. It is a scheme or technique
ensuring the apprehension of the criminals by
People v. Pacis (2002): Yap, an NBI agent,
being in the actual crime scene.
received information that a Pacis was offering
to sell ½ kg of "shabu." A buy-bust operation
was approved. The informant introduced Yap The law officers shall not be guilty to the crime
to Pacis as an interested buyer. They if they have done the following:
negotiated the sale of ½ kg of shabu. Pacis a. He does not induce a person to commit a
handed to Yap a paper bag with the markings crime for personal gain or is not involved in
"Yellow Cab". While examining it, Pacis asked the planning of the crime.
for the payment. Yap gave the "boodle money" b. Does take the necessary steps to seize the
to Pacis. Upon Pacis's receipt of the payment, instrument of the crime and to arrest the
the officers identified themselves as NBI agents offenders before he obtained the profits in
and arrested him. mind.

Held: The operation that led to the arrest of

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Instigation - The involvement of a law officer b. Where the court finds the penalty
in the crime itself in the following manner: prescribed for the crime too harsh
a. He induces a person to commit a crime for considering the conditions surrounding
personal gain. the commission of the crime, the judge
b. Doesn‘t take the necessary steps to seize should impose the law the judge should
the instrument of the crime & to arrest the impose the law. The most that he could
offenders before he obtained the profits in do is recommend to the Chief Executive
mind. to grant executive clemency.
c. He obtained the profits in mind even
through afterwards does take the People v. Veneracion (1995):
necessary steps seize the instrument of the Held: The law plainly and unequivocally
crime and to arrest the offenders. provides that ―when by reason or on the
occasion of rape, a homicide is committed,
the penalty shall be death. Courts are not
2. Pardon concerned with wisdom, efficacy or morality
of law. The discomfort faced by those forced
General rule: Pardon does not extinguish by law to impose death penalty is an ancient
criminal action (Art 23). one, but it is a matter upon which judges
have no choice. The Rules of Court mandates
Exception: Pardon by marriage between the that after an adjudication of guilt, the judges
accused and the offended party in cases of should impose the proper penalty and civil
SEDUCTION, ABDUCTION, RAPE AND ACTS OF liability provided for by the law on the
LASCIVIOUSNESS (Art 344). accused.

3. Other Absolutory Causes

a. Spontaneous desistance EXTENUATING CIRCUMSTANCES
b. Light felonies not consummated Circumstances which mitigate the criminal
c. Accessories in light felonies liability
d. Accessories exempt under Article 20 of the offender but not found in Article 13
e. Trespass to dwelling to prevent serious
harm to self Illustration:
f. exemption from criminal liability in A kleptomaniac is criminally liable. But he
crimes against property would be given the benefit of a mitigating
g. Under Article 332, exemptions from circumstance analogous to paragraph 9 of
criminal liability for cases of theft, Article 13, that of suffering from an illness
swindling and malicious mischief. There which diminishes the exercise of his will
would only be civil liability. poser without, however, depriving him of the
h. Death under exceptional circumstances consciousness of his act. An unwed mother
(Art. 247) killed her child in order to conceal a dishonor.
i. Under Article 219, discovering secrets The concealment of dishonor is an
through seizure of correspondence of extenuating circumstance insofar as the
the ward by their guardian is not unwed mother or the maternal grandparents
penalized. are concerned, but not insofar as the father
j. Ways on how criminal of the child is concerned. Mother killing her
liability is new born child to conceal her dishonor,
extinguished under Art 89. penalty is lowered by two degrees. Since
there is a material lowering of the penalty or
mitigating the penalty, this is an extenuating
4. Acts Not Covered By Law circumstance.
And In Case Of Excessive
Punishment CHAPTER IV. PERSONS
CRIMINALLY
Article 5 covers two situations:
a. The court cannot convict the accused LIABLE/DEGREE OF
because the acts do not constitute a
crime. The proper judgment is acquittal,
PARTICIPATION
but the court is mandated to report to the
Chief Executive that said act be made
subject of penal legislation and why. Including
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A. DECREE PENALIZING • conspiracy is generally not a crime unless
OBSTRUCTION OF APPREHENSION the law specifically provides a penalty
AND PROSECUTION OF CRIMINAL therefore.
OFFENDERS (P.D. 1829) • there is no basis for criminal liability
because there is no criminal participation.
Under the Revised Penal Code, when more than
one person participated in the commission of
the crime, the law looks into their participation
2. By Inducement
because in punishing offenders, the Revised
Penal Code classifies them as: Inducement must be strong enough that the
person induced could not resist.
A. PRINCIPAL • This is tantamount to an irresistible force
B. ACCOMPLICE compelling the person induced to carry out
C. ACCESSORY the crime.
• Ill-advised language is not enough unless
This classification is true only under the RPC he who made such remark or advice is a
and is not applied under special laws, because co-conspirator in the crime committed.
the penalties under the latter are never
graduated. When does a principal by induction become
liable:
Do not use the term ―principal‖ when the • The principal by induction becomes liable
crime committed is a violation of special law only when the principal by direct
(use the term participation committed the act induced.
―offender/s, culprit/s, accused)
What are the effects of acquittal of principal
As to the liability of the participants in the by direct participation upon the liability of
grave, less grave or light felony: principal by inducement:
• When the felony is grave, or less grave, all • Conspiracy is negated by the acquittal of
participants are criminally liable. codefendant.
• But when the felony is only light, only the
principal and the accomplice are liable. The Illustrations:
accessory is not. a. While in the course of a quarrel, a
• Therefore, it is only when the light felony is person shouted to A, ―Kill him! Kill him!
against persons or property that criminal ‖ A killed the other person. Is the person
liability attaches to the principal or who shouted criminally liable? Is that
accomplice, even though the felony is only inducement? No. The shouting must be
attempted or frustrated, but accessories an irresistible force for the one shouting
are not liable for light felonies. to be liable.
b. There was a quarrel between two
families. One of the sons of family A
A. Principal came out with a shotgun. His mother
then shouted, ―Shoot!‖ He shot and
killed someone. Is the mother liable?
1. By Direct Participation
No.
2. By Inducement
3. By Indispensable Cooperation
People v. Valderrama (1993):
Ernesto shouted to his younger brother Oscar,
1. By Direct Participation ―Birahin mo na, birahin mo na!‖ Oscar
stabbed the victim.
Those who are liable:
It was held that there was no conspiracy.
• materially execute the crime;
• appear at the scene of the crime;
Joint or simultaneous action per se is not indicia
• perform acts necessary in the commission
conspiracy without showing of common design.
of the offense.
Oscar h no rancor with the victim for him to kill
the latt Considering that Ernesto had great moral
Why one who does not appear at the scene of ascendancy a influence over Oscar, being much
the crime is not liable: older (35 years o than the latter, who was 18
• his non-appearance is deemed desistance years old, and it was Erne who provided his
which is favored and encouraged. allowance, clothing as well as food a shelter,
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Ernesto is principal by inducement. In case of doubt, favor the lesser penalty or
liability.
Apply the doctrine of pro reo.
People v. Agapinay (1990):
The one who uttered ―kill him, we will bury B. Accomplices
him‖ while the felonious aggression was taking
place cannot be held liable as principal by
inducement. When is one regarded as an
accomplice  Determine if there is a
Utterance was said in the excitement of the conspiracy.
hour, not a command to be obeyed.
• If there is, as a general rule, the criminal
liability of all will be the same, because
People v. Madall (1990): the act of one is the act of all.
The son was mauled.
What are the other traits of an accomplice
The family was not in good terms with their • does not have previous agreement or
neighbors. understanding; or
The father challenged everybody and when the • is not in conspiracy with the principal by
neighbors approached, he went home to get a direct participation.
rifle.
Conspirator Accomplice
The shouts of his wife ―here comes another,
shoot him‖ cannot make the wife a principal by They know of and They know and
inducement. agree with the
join in the criminal
criminal
design design
It is not the determining cause of the crime in
the absence of proof that the words had great Conspirators know Accomplices come
influence over the husband. the criminal to know about it
intention because after the principals
Neither is the wife‘s act of beaming the victim they themselves have reached the
with a flashlight indispensable to the killing. have decision and only
She assisted her husband in taking good aim, decided upon such then do they agree
but such assistance merely facilitated the course of action to cooperate in its
felonious act of shooting. execution
Conspirators decide Accomplices merely
Considering that it was not so dark and the that a crime should assent to the plan
husband could have accomplished the deed be and cooperate in its
without his wife‘s help, and considering further committed accomplishment
that doubts must be resolved in favor of the Accomplices are
accused, the liability of the wife is only that of merely instruments
an accomplice. Conspirators are the who perform acts
authors of a crime not essential to the
perpetration of the
3. By Indispensable offense.
Cooperation
Requisites
• That there be community of design; that
The focus is not just on participation but on the
is, knowing the criminal design of the
importance of participation in committing the
principal by direct participation, he
crime.
concurs with the latter in his purpose;
The basis is the importance of the cooperation • That he cooperates in the execution of the
to the consummation of the crime. offense by previous or simultaneous acts,
with the intention of supplying material or
• If the crime could hardly be committed
moral aid in the execution of the crime in
without such cooperation, then such
an efficacious way; and
cooperator would be a principal.
• That there be a relation between the acts
• If the cooperation merely facilitated or
done by the principal and those attributed
hastened the consummation of the crime,
to the person charged as accomplice.
the cooperator is merely an accomplice.

Principal by Accomplice
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Cooperation o assisted the offender to profit by the
Cooperation is Cooperation is not effects of the crime
indispensable to the indispensable to the
commission of the commission of the 3. Other instances when one
act act becomes an accessory:
1. accessory as a fence
C. Accessories 2. acquiring the effects of piracy or
brigandage
3. destroying the corpus delicti
4. harboring or concealing an offender
1. When accessories are not 5. whether the accomplice and the accessory
criminally liable: may be tried and convicted even before
1. When the felony committed is a light the principal is found guilty
felony
2. When the accessory is related to the 1. Accessory as a fence:
principal as
i. spouse ii. ascendant, or descendant, or Presidential Decree No. 1612 (Anti-Fencing
iii. brother or sister whether legitimate, or Law) One who knowingly profits or assists the
natural or adopted or principal to profit by the effects of robbery or
iv. where the accessory is a relative by theft (i.e. a fence) is not just an accessory to
affinity within the same degree, the crime, but
 unless the accessory himself principally liable for fencing
profited from the effects or
proceeds of the crime or assisted The penalty is higher than that of a mere
the offender to profit therefrom. accessory to the crime of robbery or theft.

Mere possession of any article of value which

2. When one cannot be an has been the subject of robbery or theft brings
accessory: about the presumption of ―fencing‖.
• he does not know the commission of the
crime PD 1612 has, therefore, modified Art. 19 of the
• he participated in the crime as a principal RPC.
or an accomplice
2. Acquiring the effects of piracy or
3. When an accessory is brigandage:
exempt from criminal
Presidential Decree 532 (Anti-piracy and
liability: Highway Robbery law of 1974)
(ASKED 4 TIMES IN THE BAR EXAMS) If the crime was piracy or brigandage under PD
532, said act constitutes the crime of abetting
When the principal is his: piracy or abetting brigandage as the case may
• spouse, be, although the penalty is that of an
• ascendant accomplice, not just an accessory, to the piracy
• descendant or the brigandage.
• legitimate, natural or adopted brother,
sister or relative by affinity within the Section 4 of PD 532 provides that any person
same degree. who knowingly and in any manner acquires or
receives property taken by such pirates or
Note: Even if only two of the principals guilty brigands or in any manner derives benefit
of murder are the brothers of the accessory therefrom, shall be considered as an
and the others are not related to him, such accomplice of the principal offenders in
accessory is exempt from criminal liability. accordance with the Rules prescribed by the
Revised Penal Code.

3. When an accessory is NOT It shall be presumed that any person who does
exempt from criminal any acts provided in this section has performed
liability even if the principal them knowingly, unless the contrary is proven.
is related to him:
• If such accessory o profited from Although Republic Act 7659, in amending
the effects of the crime, or Article 122 of the RPC, incorporated therein
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the crime of piracy in Philippine territorial the life of the Chief Executive, or that the
waters and thus correspondingly superseding principal is known to be habitually guilty
PD 532 section 4 of said Decree, which of some other crime,
punishes said acts as a crime of abetting e. for a person who is not a public officer
piracy or brigandage, still stands as it has not and who assists an offender to escape or
been replaced or modified, and is not otherwise harbors, or conceals such
inconsistent with any provision of RA 7659. offender, to be criminally liable.
f. In this case, the crime committed was
3. Destroying the Corpus Delicti When kidnapping.
the crime is robbery or theft, with respect to
the third involvement of the accessory, do  In the preceding illustration, the aunt is not
not overlook the purpose which must be to criminally liable under the Revised Penal
prevent discovery of the crime. Code because the crime is kidnapping, but
she can be held liable under PD 1829.
The corpus delicti is not the body of the
person who is killed. PD 1829 (Also
• Even if the corpse is not recovered, as Known as the Law
long as that killing is established beyond Revised Penal Code Penalizing
reasonable doubt, criminal liability will ―Obstruction of
arise. Justice‖)
• If there is someone who destroys the Specifies the crimes No specification of
corpus delicti to prevent discovery, he that should be the crime to be
becomes an accessory. committed in case a committed by the
civilian aids in the offender in order that
4. Harboring or Concealing an Offender escape criminal
In the fourth form or manner of becoming an liability be incurred
accessory, take note that the law The offender is the The offender need
distinguishes between: principal or must be not even be the
• a public officer harboring, concealing or convicted of the principal or need not
assisting the principal to escape, and crime charged be convicted of the
• a private citizen or civilian harboring, crime charged
concealing or assisting the principal to An offender of any
escape. The one who crime is no longer an
harbored or accessory but is
Public Officer Civilian concealed an simply an offender
The nature of the The nature of the offender is still an without regard to the
crime is immaterial crime is material accessory crime of the person
assisted to escape
For him to become
an accessory, the
What is material is principal must have 5. Whether the accomplice and the
that he used his committed the crime accessory may be tried and convicted
even before the
public function in of treason, parricide,
principal is found guilty
assisting the escape murder or attempt
on the life of the
There is an earlier Supreme Court ruling that
Chief Executive
the accessory and accomplice must be charged
together with the principal; if the latter is
Illustration: acquitted, the accomplice and the accessory
a. Crime committed is kidnapping for shall not be criminally liable, unless the
ransom of his employer. Principal was acquittal is based on a defense which is
being chased by police. personal only to the principal.
b. His aunt hid him in the ceiling of her
• However, it is not always true that the
house and she told the soldiers that her
accomplice and the accessory cannot be
nephew had never visited her. When the
criminally liable without the principal being
soldiers left, the aunt even gave money
first convicted.
to her nephew for the latter to go to the
province. • Under Rule 110 of the Revised Rules on
c. Is the aunt criminally liable? No. Article Criminal Procedure, it is required that all
20 does not include an aunt. However, those involved in the commission of the
this is not the reason. crime must be included in the information
d. The principal must have committed either that may be filed.
treason, parricide, murder, or attempt on
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The liability of the accused will depend on the investigation and prosecution of criminal
quantum of evidence adduced by the cases through the acts
prosecution against the particular accused but enumerated in Sec. 1
the prosecution must initiate the proceedings
against the principal. i. Punishable acts (Sec. 1)

Even if the principal is convicted, if the a) Preventing witnesses from testifying in any
evidence presented against a supposed criminal proceeding or from reporting the
accomplice or accessory does not meet the commission of any offense or the identity
required proof beyond reasonable doubt, then of any offender/s by means of bribery,
said accused will be acquitted. misrepresentation, deceit, intimidation,
force or threats;
So the criminal liability of an accomplice or b) Altering, destroying, suppressing or
accessory does not depend on the criminal concealing any paper, record, document, or
liability of the principal but depends on the object with intent to impair its veracity,
quantum of evidence. authenticity, legibility, availability, or
admissibility as evidence in any
But if the evidence shows that the act done investigation of or official proceedings in
does not constitute a crime and the principal criminal cases, or to be used in the
is acquitted, then the supposed accomplice investigation of, or official proceedings in,
and accessory should also be acquitted. criminal cases;
c) Harboring or concealing, or facilitating the
If there is no crime, then there is no criminal escape of, any persons he knows, or has
liability, whether principal, accomplice or reasonable ground to believe or suspect,
accessory. has committed any offense under existing
penal laws in order to prevent his arrest,
Taer v. CA (1990): prosecution and conviction;
Accused received from his co-accused two d) Publicly using a fictitious name for the
stolen male carabaos. Conspiracy was not purpose of concealing a crime, evading
proven. Taer was held liable as an accessory prosecution or the execution of a judgment,
in the crime of cattlerustling under PD 533. or concealing his
Taer should have been liable as principal for true name and other personal
violation of the Anti-Fencing Law since cattle- circumstances for the same purpose or
rustling is a form of theft or robbery of large purposes;
cattle, except that he was not charged with e) Delaying the prosecution of criminal cases
fencing. by obstructing the service of process or
court orders or disturbing proceedings in
the fiscals‘ offices, in Tanodbayan, or in the
Enrile v. Amin (1990): A person charged courts;
with rebellion should not be separately f) Making, presenting or using any record,
charged under PD 1829. The theory of document, paper or object with knowledge
absorption must not confine itself to common of its falsity and with intent to affect the
crimes but also to offenses punished under course or outcome of the investigation of,
special laws which are perpetrated in or official proceedings in criminal cases;
furtherance of the political offense. g) Soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discontinuing, or impeding the
prosecution of a criminal offender;
Decree Penalizing Obstruction of h) Threatening directly or indirectly another
Apprehension and Prosecution of with the infliction of any wrong upon his
Criminal Offenders (P.D. 1829) person, honor or property or that of any
immediate member or members of his
What is imposed: family in order to prevent such person from
• Prision correccional in its maximum appearing in the investigation of, or official
period, or proceedings in, criminal cases, or imposing
• Fine ranging from PhP 1,000 – 6,000, or a condition, whether lawful or unlawful, in
• Both order to prevent a person from appearing
Upon any person who knowingly or willfully in the investigation of, or in official
obstructs, impedes, frustrates or delays the proceedings in criminal cases;
apprehension of suspects and the i) Giving a false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender
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or from protecting the life or property of PENALTY is the suffering that is inflicted
the victim; or fabricating information from by the State for the transgression of a
the data gathered in confidence by law.
investigating authorities for purposes of
background information and not for Different Juridical Conditions of Penalty:
publication and publishing or disseminating 1. Must be PRODUCTIVE OF SUFFERING,
the same to mislead the investigator or the without affecting the integrity of the
court. human personality.
2. Must be COMMENSURATE to the offense –
ii. Compare with Article 20, RPC different crimes must be punished with
(accessories different penalties.
exempt from criminal liability) 3. Must be PERSONAL – no one should be
punished for the crime of another.
Art. 20. Accessories who are exempt from 4. Must be LEGAL – it is the consequence of
criminal liability – The penalties prescribed a judgment according to law.
for accessories shall not be imposed upon 5. Must be CERTAIN – no one may escape its
those who are such with respect to their effects.
spouses, ascendants, descendants, legitimate, 6. Must be EQUAL for all.
natural, and adopted brothers and sisters, or 7. Must be CORRECTIONAL.
relatives by affinity within the same degrees,
with the single exception of accessories falling Theories justifying penalty:
within the provisions of paragraph 1 of the next 1. PREVENTION – to suppress danger to the
preceding article. State
2. SELF-DEFENSE – to protect the society
Ground for exemption under Art. 20 from the threat and wrong inflicted by the
Based on ties of blood and the preservation of criminal.
the cleanliness of one‘s name, which compels 3. REFORMATION – to correct and reform the
one to conceal crimes committed by relatives offender.
so near as those mentioned. 4. EXEMPLARITY – to serve as an example to
deter others from committing crimes.
Accessory is not exempt from criminal liability 5. JUSTICE – for retributive justice, a
even if the principal is related to him if he vindication of absolute right and moral
a) profited by the effects of the crime, or law violated by the criminal.
b) assisted the offender to profit by the effect
of A. General Principles
the crime.

The punishable acts in PD 1829, compared to

RPC Art. 20, are prompted by a detestable Art. 21. Penalties that may be imposed.
greed, not by affection. — No felony shall be punishable by any
penalty not prescribed by law prior to its
commission.

CHAPTER V. PENALTIES This article prohibits the Government from

A. GENERAL PRINCIPLES punishing any person for any felony with any
B. PENALTIES WHICH MAY BE IMPOSED penalty which has not been prescribed by the
C. SPECIFIC PRINCIPAL AND law.
ACCESSORY
PENALTIES It has no application to any of the provisions
D. ACCESSORY PENALTIES of the RPC for the reason that for every
E. MEASURES NOT CONSIDERED felony defined in the Code, a penalty has
PENALTY been prescribed.
F. APPLICATION AND
COMPUTATION OF REASON: An act or omission cannot be
PENALTIES punished by the State if at the time it was
G. SPECIAL RULES FOR CERTAIN committed there was no law prohibiting it,
SITUATIONS because a law cannot be rationally obeyed
H. EXECUTION AND SERVICE OF unless it is first shown, and a man cannot be
PENALTIES. expected to obey an order that has not been
given.
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Act Prohibiting the Imposition of
Death The very Congress empowered by the
Constitution to reinstate the imposition of the
Penalty in the Philippines (R.A. death penalty once thought it best to do so,
9346) through Rep. Act No. 7650.

RA 9346 or ―An Act Prohibiting the Within the same realm of constitutional
Imposition of Death Penalty in the discretion, Congress has reversed itself.
Philippines‖
Expressly repealed RA 8177 or ―Act It must be asserted that today, the legal status
Designating Death by Lethal Injection‖ and RA of the suppression of the death penalty in the
7659 or ―Death Philippines has never been more secure than at
Penalty Law‖ any time in our political history as a nation.

RA 9346 repealed all the other laws imposing

death penalty.
 Section 2 states that: ―In lieu of the death
1. Purposes
penalty, the following shall be imposed:
a. the penalty of reclusion perpetua, when Purpose of penalty under the RPC:
the law violated makes use of the 1. RETRIBUTION OR EXPIATION – the
nomenclature of the penalties of the penalty is commensurate with the
Revised Penal Code; or gravity of the offense. It permits society
b. the penalty of life imprisonment, when to exact proportionate revenge, and the
the law violated does not make use of offender to atone for his wrongs.
the nomenclature of the penalties of 2. CORRECTION OR REFORMATION – as
the shown by the rules which regulate the
Revised Penal Code.‖ execution of the penalties consisting in
deprivation of liberty.
3. SOCIAL DEFENSE – shown by its
People v. Bon (2006): Yet in truth, there is no
inflexible severity to recidivist and
material difference between ―imposition‖ and
habitual delinquents.
―application,‖ for both terms embody the
operation in law of the death penalty.
2. Classification
Since Article 71 denominates ―death‖ as an
element in the graduated scale of penalties,
there is no question that the operation of 1. Major Classification
Article 71 involves the actual application of (Asked 3 times in the Bar Exams)
the death penalty as a means of determining
the extent which a person‘s liberty is to be a. PRINCIPAL PENALTIES – those
deprived. expressly imposed by the court in the
judgment of conviction.
Since Rep. Act No. 9346 unequivocally bars the b. ACCESSORY PENALTIES – those that
application of the death penalty, as well as are deemed included in the imposition
expressly repeals all such statutory provisions of the principal penalties.
requiring the application of the death penalty,
c. SUBSIDIARY PENALTIES – those
such effect necessarily extends to its relevance
imposed in lieu of principal penalties,
to the graduated scale of penalties under
i.e., imprisonment in case of inability to
Article 71.
pay the fine.
The court cannot find basis to conclude that
Rep. Act No. 9346 intended to retain the Note: Public censure is a
operative effects of the death penalty in the penalty,  Thus, it is not
graduation of the other penalties in our penal proper in acquittal.
laws. • However, the Court in acquitting the
accused may criticize his acts or conduct.
Munoz cannot enjoin us to adopt such
conclusion. Penalties that are either principal or
accessory:
Rep. Act No. 9346 is not swaddled in the same • Perpetual or temporary
restraints appreciated by Muñoz on Section absolute disqualification,
19(1), • Perpetual or temporary special
Article III. disqualification, and
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• Suspension o May be principal or injured party is extinguished by his express
accessory penalties, because they waiver.
are formed in the 2 general
classes. (Asked 3 times in the Bar This article states the extent of a pardon made
Exams) by the offended party. Under this article, a
pardon does not extinguish the criminal liability
of an offender except for cases under Article
2. Other Classifications of 344 (Prosecution of the crimes of adultery,
Penalties concubinage, seduction, abduction, rape and
acts of lasciviousness).
a. According to their divisibility:
(1)Divisible But the civil liability with regard to the interest
(a) those that have fixed duration (b) of the injured party is extinguished.
divisible into three periods.
(2)Indivisible Art. 25. Penalties which may be imposed.
(a) those which have no fixed The penalties which may be imposed according
duration: to this Code, and their different classes, are
(b) Death those included in the following:
(c) Reclusion perpetua
(d) Perpetual absolute or
special disqualification B. Penalties which may be
(e) Public censure imposed
b. According to subject-matter
(1) Corporal (death)
(2) Deprivation of freedom (reclusion, 1. Scale of Principal Penalties
prision, arresto)
(3) Restriction of freedom (destierro) a. Capital punishment: (D) (1)
(4) Deprivation of rights (disqualification Death.
and suspension) b. Afflictive penalties: (RP, RT, PAD, TAD,
(5) Pecuniary (fine) PSD,
TSD, PM)
c. According to their gravity (1) Reclusion perpetua,
(1) Capital (2) Reclusion temporal,
(2) Afflictive (3) Perpetual or temporary
(3) Correctional absolute disqualification,
(4) Light (4) Perpetual or temporary
special disqualification,
(5) Prision mayor.
3. Duration and Effect c. Correctional penalties: (PC, AM, S,
Des)
Art. 22. Retroactive effect of penal laws. (1) Prision correccional,
— Penal Laws shall have a retroactive effect (2) Arresto mayor,
insofar as they favor the persons guilty of a (3) Suspension,
felony, who is not a habitual criminal, as this (4) Destierro.
term is defined in Rule 5 of Article 62 of this d. Light penalties: (Am, Pc)
Code, although at the time of the publication of (1) Arresto menor, (2) Public censure.
such laws a final sentence has been e. Penalties common to the three
pronounced and the convict is serving the preceding classes: (F, Bond)
same. (1) Fine, and
(2) Bond to keep the peace.
This article states that Penal Laws shall only
have retroactive effect if it favors persons
guilty of felonies, who are not considered 2. Scale of Accessory
habitual criminals as defined in Article 62. Penalties
(PAD, TAD, PSD, TSD, S, CI,
Art. 23. Effect of pardon by the offended
I, F, Pay)
party. — A pardon of the offended party does
not extinguish criminal action except as
provided in Article 344 of this Code; but civil a. Perpetual or temporary
liability with regard to the interest of the absolute disqualification,
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b. Perpetual or temporary special Imposed for serious Prescribed under
disqualification, offenses penalized by the RPC
c. Suspension from public office, the right to
vote
and be voted for, the profession or
calling.
d. Civil interdiction,
e. Indemnification,
f. Forfeiture or confiscation of instruments
and
proceeds of the offense,

g. PENALTY
Payment of costs DURATION EFFECTS ACCESSORIES
Death
Indivisible
(REPEALED)
Death, when (1)
not executed (2) PAD
due to pardon or Civil interdiction 30
commutation yrs from sentence
(REPEALED)
20 years & 1 day (1) PAD
Reclusion perpetua to 40 years (2) Civil interdiction for
(Indivisible) life
(1) Deprivation of public
office, even if by
(2) election Deprivation of
right to vote & be voted
(3) for
Perpetual absolute Disqualification from
disqualification (PAD) For life public office held
(4) Loss of retirement rights

(1) Deprivation of office,

employment, profession,
Perpetual special or calling affected
For life
disqualification (PSD) (2) Disqualification from
similar offices or
employments
(1) PAD
12 years & 1 day
Reclusion temporal (2) Civil interdiction for
to 20 years
duration of sentence
6 years & 1 day (1) TAD
Prision mayor
to 12 years (2) PSD of suffrage
(1) Deprivation of public
office, even if by
(2) election Deprivation of
right to vote & be voted
for during sentence
Temporary absolute (3) Disqualification from
disqualification 6 years & 1 day public office held during
(TAD) to 12 years sentence
(4) Loss of retirement rights

(1) Deprivation of office,

Temporary special
6 years & 1 day employment, profession,
disqualification or calling affected
to 12 years
(TSD)
(2) Disqualification from
LIFE IMPRISONMENT RECLUSION
PERPETUA
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special laws of civil interdiction for life or during the
Does not carry with it Carries with it period of the sentence as the case may be,
accessory penalties accessory penalties and that of perpetual absolute
disqualification which the offender shall
Entails imprisonment
suffer even though pardoned as to the
for at least 30 years principal penalty, unless the same shall have
after which the been expressly remitted in the pardon.
Does not appear to convict becomes
have any definite eligible for pardon
Art. 42. Prision mayor; Its accessory
extent or duration although the
penalties:
maximum period shall
in no case exceed 40
The penalty of prision mayor, shall carry with
years
it that of temporary absolute disqualification
and that of perpetual special disqualification
The following table also contains from the right of suffrage which the offender
DISQUALIFICATION as an afflictive penalty, shall suffer although pardoned as to the
because its different forms can also be principal penalty, unless the same shall have
imposed as a principal although it is primarily been expressly remitted in the pardon.
categorized as an accessory penalty.
PENALTY DURATION EFFECTS ACCESSORIES

similar offices or
employments

C. Specific Principal And

Accessory Penalties 1. Reclusion Perpetua
Duration: 20 years and 1 day to 40 years
Accessory Penalties:
1. Afflictive penalties (1) Civil interdiction for life or during the
Art. 27. period of the sentence as the case may
a. Reclusion perpetua. be.
Any person sentenced to any of the perpetual (2) Perpetual Absolute Disqualification which
penalties shall be pardoned after undergoing the offender shall suffer even though
the penalty for thirty years, unless such pardoned as to the principal penalty,
person by reason of his conduct or some unless the same shall have been
other serious cause shall be considered by expressly remitted in the pardon.
the Chief Executive as unworthy of pardon.

b. Reclusion temporal. People v. Gatward (1997):

The penalty of reclusion temporal shall be Held:
from twelve years and one day to twenty As amended by RA 7659, the penalty of
years. reclusion perpetua is now accorded a defined
duration ranging from 20 years and 1 day to 40
years.
c. Prision mayor and temporary
disqualification. The duration of the
The Court held that in spite of the amendment
penalties of prision mayor and temporary
putting the duration of RP, it should remain as
disqualification shall be from six years
an indivisible penalty since there was never
and one day to twelve years, except
intent on the part of Congress to reclassify it
when the penalty of disqualification is
into a divisible penalty.
imposed as an accessory penalty, in
which case its duration shall be that of
the principal penalty. The maximum duration of reclusion perpetua is
not and has never been 30 years which is
merely the number of years which the convict
Art. 41. Reclusion perpetua and
must serve in order to be eligible for pardon or
reclusion temporal; Their accessory
for the application of the 3-fold rule (infra).
penalties:

The penalties of reclusion perpetua and

reclusion temporal shall carry with them that
People v. Ramirez (2001):
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109
The SC disagrees with the trial court in (1) Civil interdiction for life or during the
sentencing appellant "to suffer imprisonment of period of the sentence as the case may
forty (40) years reclusion perpetua." be.
(2) Perpetual Absolute Disqualification which
There was no justification or need for the trial the offender shall suffer even though
court to specify the length of imprisonment, pardoned as to the principal penalty,
because reclusion perpetua is an indivisible unless the same shall have been
penalty. expressly remitted in the pardon.

The significance of this fundamental principle

was laid down by the Court in People v. Diquit.
3. Prision mayor
"Since reclusion perpetua is an indivisible
penalty, it has no minimum, medium or Duration: 6 years and 1 day to 12 years
maximum periods. Accessory Penalties:
(1) Temporary Absolute Disqualification
It is imposed in its entirety regardless of any (2) Perpetual Special Disqualification from
mitigating or aggravating circumstances that the right to suffrage which the offender
may have attended the commission of the shall suffer although pardoned as to the
crime. (Art. principal penalty unless the same shall
63, Revised Penal Code) have been expressly remitted in the
pardon.
Reclusion Perpetua is imprisonment for life but
the person sentenced to suffer it shall be 1. Correctional penalties
pardoned after undergoing the penalty for
thirty (30) years, unless by reason of his Art. 27 (4). Prision correccional,
conduct or some other serious cause, he shall suspension, and destierro.
be considered by the Chief Executive as 1) The duration of the penalties of prision
unworthy of pardon (Art. 27, Revised Penal correccional, suspension and destierro
Code)." 2) shall be from six months and one day to six
years,
3) except when suspension is imposed as an
Distinguished from Life Imprisonment accessory penalty,
(ASKED 5 TIMES IN THE BAR EXAMS) 4) in which case, its duration shall be that of
the principal penalty.
People v. Ballabare (1996):
The trial court erred in imposing the penalty of Arresto mayor.
life imprisonment for violation of PD 1866. The duration of the penalty of arresto mayor
shall be from one month and one day to six
The crime of illegal possession of firearm in its months.
aggravated form is punished by the penalty of
death. Art. 39. Subsidiary penalty.
If the convict has no property with which to
Since the offense was committed on Sep. 16, meet the fine mentioned in the paragraph 3 of
1990, at a time when the imposition of the the next preceding article, he shall be subject
death penalty was prohibited, the penalty next to a subsidiary personal liability at the rate of
lower in degree which is reclusion perpetua one day for each eight pesos, subject to the
should be imposed. following rules:

1) If the principal penalty imposed be prision

This is not equivalent to life correccional or arresto and fine,
imprisonment. • he shall remain under confinement until
his fine referred to in the preceding
While life imprisonment may appear to be the paragraph is satisfied,
English translation of reclusion perpetua, in • but his subsidiary imprisonment shall not
reality, it goes deeper than that. exceed one-third of the term of the
sentence,
• and in no case shall it continue for more
2. Reclusion Temporal than one year, and no fraction or part of a
day shall be counted against the prisoner.
Duration: 12 years and 1 day to 20 years
Accessory Penalties: When the principal penalty imposed be
2 only a fine,
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110
) (3) Perpetual Special Disqualification for the
right of suffrage, if the duration of the
 the subsidiary imprisonment shall not
imprisonment shall exceed 18 months
exceed six months,
 if the culprit shall have been prosecuted
for a grave or less grave felony, and shall 2. Arresto Mayor
not exceed fifteen days, if for a light
felony. Duration: 1 month and 1 day to 6 months
Accessory Penalties:
3 When the principal imposed is higher
) than prision correccional,
 no subsidiary imprisonment shall be
imposed upon the culprit.
If the principal penalty imposed is not to
4 be executed by confinement in a penal
) institution,
 but such penalty is of fixed duration,
 the convict, during the period of time
established in the preceding rules,
 shall continue to suffer the same
deprivations as those of which the
principal penalty consists.
The subsidiary personal liability which the
5 convict may have suffered by reason of
) his
insolvency shall not relieve him,
 from the fine in case his financial
circumstances should improve. (As
amended by RA 5465, April 21, 1969).

(Asked 2 times in the Bar Exams)

Art. 43. Prision correccional; Its accessory
penalties.
The penalty of prision correccional shall carry
with it that of suspension from public office,
from the right to follow a profession or calling,
and that of perpetual special disqualification
from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen months.

The offender shall suffer the disqualification

provided in the article although pardoned as to
the principal penalty, unless the same shall
have been expressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties.

The penalty of arresto shall carry with it that of
suspension of the right to hold office and the
right of suffrage during the term of the
sentence.

1. Prision Correccional
Duration: 6 months and 1 day to 6 years
Accessory Penalties:
(1) Suspension from public office
(2) Suspension from the right to follow a
profession or calling
 CRIMINAL LAW REVIEWER

(1) Suspension of right to hold office (2) Suspension of the right of suffrage during
the
term of the sentence.

88
PENALTY DURATION EFFECTS ACCESSORIES
(1) Suspension from public
(2) office Suspension from
Prision 6 months & 1 day profession or calling
correccional to 6 years (3) PSD of suffrage, if the
duration of imprisonment
exceeds 18 mos.
(1) Public office
6 months & 1 day
Suspension (2) Profession or calling
to 6 years
(3) Suffrage

Prohibition to enter w/in

6 months & 1 day
Destierro 25250 km radius from the
to 6 years
designated place

(1) Suspension of right to hold

Arresto 1 month & 1 day office
mayor to 6 months (2) Suspension of the right of
suffrage
 CRIMINAL LAW REVIEWER

3. Light penalties
Art. 27 (6). Arresto menor. 1. Arresto Menor
The duration of the penalty of arresto menor
shall be from one day to thirty days. Duration: 1 day to 30 days
Accessory Penalties:
Art. 39. Subsidiary penalty. If the convict (1) Suspension of right to hold office
has no property with which to meet the fine (2) Suspension of the right of suffrage during
mentioned in the paragraph 3 of the next the term of the sentence.
preceding article, he shall be subject to a
subsidiary personal liability at the rate of one
day for each eight pesos, subject to the 2. Public Censure
following rules: Censure, being a penalty is not proper in
acquittal.
6) If the principal penalty imposed be prision
correccional or arresto and fine,
• he shall remain under confinement until his 4. Penalties common to
fine referred to in the preceding paragraph afflictive, correctional, and
is satisfied, light penalties
• but his subsidiary imprisonment shall not
exceed one-third of the term of the
sentence, 1. Fine
• and in no case shall it continue for more Art. 26. When afflictive, correctional, or
than one year, and no fraction or part of a light penalty.
day shall be counted against the prisoner. 1) A fine, whether imposed as a single or as
an alternative penalty,
7) When the principal penalty imposed be only 2) shall be considered an afflictive penalty, if
a it exceeds 6,000 pesos;
fine, 3) a correctional penalty, if it does not exceed
• the subsidiary imprisonment shall not 6,000 pesos but is not less than 200 pesos;
exceed six months, 4) and a light penalty if it less than 200
• if the culprit shall have been prosecuted for pesos.
a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony. This article merely classifies fine and has
nothing to do with the definition of light
8) When the principal imposed is higher than felony.
prision correccional,
 no subsidiary imprisonment shall be imposed Fine is:
upon the culprit. • Afflictive –more thanP6,000
• Correctional – P200 to P6,000
9) If the principal penalty imposed is not to be • Light Penalty – less than P200
executed by confinement in a penal
institution, Art. 66. Imposition of fines. — In imposing
• but such penalty is of fixed duration, fines the courts may fix any amount within the
• the convict, during the period of time limits established by law; in fixing the amount
established in the preceding rules, in each case attention shall be given, not only
• shall continue to suffer the same to the mitigating and aggravating
deprivations as those of which the principal circumstances, but more particularly to the
penalty consists. wealth or means of the culprit.

10) The subsidiary personal liability which the The court can fix any amount of the fine within
convict may have suffered by reason of his the limits established by law.
insolvency shall not relieve him,
 from the fine in case his financial The court must consider:
circumstances should improve. (As • The mitigating and aggravating
amended by RA 5465, April 21, 1969). circumstances; and
• More particularly, the wealth or means of
the culprit.
Art. 44. Arresto; Its accessory penalties.
The penalty of arresto shall carry with it that of When the law does not fix the minimum of
suspension of the right too hold office and the the
right of suffrage during the term of the fine,
sentence.
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113
• the determination of the amount of the fine • for a period not to exceed 6 months if
to be imposed upon the culprit prosecuted for grave or less grave
• is left to the sound discretion of the felony, or
court, • for a period not to exceed 30 days, if
• provided it shall not exceed the maximum for a light felony.
authorized by law.
Bond to keep the peace is different from
Fines are not divided into 3 equal portions. bail bond which is posted for the
provisional release of a person arrested for
or accused of a crime.
2. Bond to Keep the Peace
PENALTY DURATION ACCESSORIES
Art. 35. Effects of bond to keep the peace.
— It shall be the duty of any person sentenced Suspension of
to give bond to keep the peace, Arresto 1 day to 30 right to hold
menor days office and right
to present two sufficient sureties who shall of suffrage
undertake that such person will not commit the Public
offense sought to be prevented, censure

and that in case such offense be committed (Penalties Common to All Three Types)
they will pay the amount determined by the PENALTY DURATION ACCESSORIES
court in the judgment, or otherwise to deposit
Fine
such amount in the office of the clerk of the
court to guarantee said undertaking. Bond to As determined
keep the by the court
The court shall determine, according to its peace
discretion, the period of duration of the bond.
D. Accessory penalties
Should the person sentenced fail to give the
bond as required

he shall be detained for a period which shall in 1. Perpetual or temporary absolute

no case exceed six months, is he shall have disqualification,
been prosecuted for a grave or less grave 2. Perpetual or temporary special
felony, and shall not exceed thirty days, if for a disqualification,
light felony. 3. Suspension from public office, the
right to vote and be voted for, the
2 WAYS OF GIVING BOND: profession or calling.
4. Civil interdiction,
a. The offender must present 5. Indemnification/ Forfeiture or
• 2 sufficient sureties who shall confiscation of instruments and
undertake that proceeds of the offense,
o the offender will not commit the 6. Payment of costs.
offense sought to be prevented,
o and that in case such offense be
committed 1. Perpetual or Temporary
 they will pay the amount Absolute Disqualification
determined by the court;
Art. 30. Effects of the penalties of
b. The offender must perpetual or temporary absolute
• deposit such amount with the clerk of disqualification. —
court to guarantee said undertaking; 1) The deprivation of the public offices and
employments which the offender may have
The court shall determine the period of held even if conferred by popular election.
duration of the bond. 2) The deprivation of the right to vote in any
election for any popular office or to be
The offender may be detained, if he elected to such office.
cannot give the bond,
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3) The disqualification for the offices or public The person suspended from holding public
employments and for the exercise of any of office shall not hold another having similar
the rights mentioned. functions during the period of his suspension.

 In case of temporary disqualification, such Art. 34. Civil interdiction.

disqualification as is comprised in Civil interdiction shall deprive the offender
paragraphs 2 and 3 of this article shall last during the time of his sentence of the rights of
during the term of the sentence. parental authority, or guardianship, either as to
the person or property of any ward, of marital
4) The loss of all rights to retirement pay or authority, of the right to manage his property
other pension for any office formerly held. and of the right to dispose of such property by
any act or any conveyance inter vivos.
Effects:
(1) Deprivation of any public office or Art. 45. Confiscation and forfeiture of the
employment of offender; proceeds or instruments of the crime.
(2) Deprivation of the right to vote in any Every penalty imposed for the commission of a
election or to be voted upon; felony shall carry with it the forfeiture of the
(3) Loss of rights to retirement pay or pension proceeds of the crime and the instruments or
tools with which it was committed. Such
Note: Perpetual absolute disqualification is proceeds and instruments or tools shall be
effective during the lifetime of the convict and confiscated and forfeited in favor of the
even after the service of the sentence. Government, unless they be property of a third
Temporary absolute disqualification lasts during person not liable for the offense, but those
the term of the sentence except (1) deprivation articles which are not subject of lawful
of the public office or employment; and (2) loss commerce shall be destroyed.
of all rights to retirement pay or other pension
for any office formerly held. (Asked once in the Bar Exams)
(See Art. 30, par. 3).

2. Perpetual or Temporary
Art. 32. Effect of the penalties of Special Disqualification
perpetual or temporary special
disqualification for the exercise of the Art. 31. Effect of the penalties of
right of suffrage. perpetual or temporary special
(1) The perpetual or temporary special disqualification.
disqualification for the exercise of the right
(1) The deprivation of the office, employment,
of suffrage
profession or calling affected;
(2) shall deprive the offender perpetually or
(2) The disqualification for holding similar
during the term of the sentence, according
offices or employments either perpetually
to the nature of said penalty,
or during the term of the sentence
(3) of the right to vote in any popular election according to the extent of such
for any public office or to be elected to such disqualification.
office.
(4) Moreover, the offender shall not be
Effects: For public office, profession or calling:
permitted to hold any public office during
(1) Deprivation of the office, employment,
the period of his disqualification.
profession or calling affected;
(2) Disqualification for holding similar offices or
Art. 33. Effects of the penalties of employments during the period of
suspension from any public office, disqualification.
profession or calling, or the right of
suffrage. Effects: For the exercise of right to suffrage:
The suspension from public office, profession or (1) Deprivation of the right to vote or to be
calling, and the exercise of the right of suffrage elected in an office;
shall disqualify the offender from holding such (2) Cannot hold any public office during the
office or exercising such profession or calling or period of disqualification. (Art. 31).
right of suffrage during the term of the
sentence. The penalty for disqualification if imposed as an
accessory penalty is imposed for PROTECTION
and NOT for the withholding of a privilege.
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Note: If temporary disqualification or (2) Indemnities, in the course
suspension is imposed as an accessory penalty, of judicial proceedings.
the duration is the same as that of the principal
penalty. • Costs may be fixed amounts already
determined by law or regulations or
amounts subject to a schedule.
3. Suspension from Public • If the accused is convicted; costs may be
Office, the Right to Vote and charged against him.
Be Voted for, the Right to • If he is acquitted, costs are de officio,
Practice a Profession or meaning each party bears his own
Calling expense.
• No costs shall be allowed against the
Effects: Republic of the Philippines. (Rule 142,
(1) Disqualification from holding such office or Sec. 1).
the exercise of such profession or right of • Whether costs should be assessed
suffrage during the term of the sentence; against the accused lie within the
(2) Cannot hold another office having similar discretion of the court.
functions during the period of suspension.
(Art. 32).

4. Civil Interdiction
Effects: Deprivation of the following rights:
(1) Parental authority
(2) Guardianship over the ward
(3) Marital authority
(4) Right to manage property and to dispose of
the same by acts inter vivos. (Note: The
convict can still dispose his property mortis
causa).

Civil interdiction is an accessory penalty to the

following principal penalties: (1) Death if
commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal

5. Indemnification or
Confiscation of Instruments
or Proceeds of the Offense
• This is included in every penalty for the
commission of the crime.
• The confiscation is in
favor of the government.
• Property of a third person not liable for
the offense is not subject to confiscation.

• If the trial court did not order any

confiscation of the process of the crime,
the government cannot appeal from the
confiscation as that would increase the
penalty already imposed.

6. Payment of Costs
Includes:
(1) Fees, and
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ACCESSORY
EFFECTS
PENALTY
or Deprivation of any
public office or
employment of
offender;
Perpetual
Deprivation of the right
Temporary to vote in any election or
Absolute to be
Disqualification voted upon;

Loss of rights to
retirement pay or
pension
or For public office,
profession or calling:
• Deprivation of the
office, employment,
profession or calling
affected;
• Disqualification
Perpetual for holding
similar offices or
Temporary
employments during
Special the period of
Disqualificatio disqualification; For
n the exercise of right
to suffrage:
• Deprivation of the
right to vote or to be
elected in an office;
• Cannot hold any
public office during
the period of
disqualification
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Suspension from
Public Office, the Disqualification from
Right to Vote and holding such office or
Be Voted for, the the exercise of such
Right to Practice profession or right of
a suffrage during the
term of the sentence;
Profession or
Calling
Cannot hold another
office having similar
functions during the
period of suspension.

Deprivation of the
following rights:
• Parental authority
• Guardianship over
the ward
Civil Interdiction • Marital authority
• Right to manage
property and to
dispose of the same
by acts
inter vivos
Indemnification Forfeiture in favor of
or Confiscation of the Government of the
Instruments or proceeds of the crime
Proceeds of the and the instruments or
Offense tools with which it was
committed
If the accused be
convicted, the costs may
be charged
against him
Payment of
Costs If he be acquitted, costs
are de officio, i.e., each
party will bear his/her
own expense

E. Measures not considered penalty

Art. 24. Measures of prevention or safety which are nor considered penalties. The following
shall not be considered as penalties:
(1) The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
(2) The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein.
(3) Suspension from the employment of public office during the trial or in order to institute
proceedings.
(4) Fines and other corrective measures which, in the exercise of their administrative disciplinary
powers, superior officials may impose upon their subordinates.
(5) Deprivation of rights and the reparations which the civil laws may establish in penal form.

Measures not considered penalties:

(1) Preventive detention
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118
(2) Detention for medical causes
(3) Rehabilitation of minors
(4) Preventive suspension from public office
(5) Administrative fines and penalties
(6) Civil law deprivation of rights and reparations

They are not penalties because they are not imposed as a result of judicial proceedings.

Those mentioned in par. 3 and 4 are merely preventive measures before conviction of offenders.

The commitment of a minor mentioned in par. 2 is not a penalty because it is not imposed by the court
in a judgment of conviction.

The imposition of the sentence in such case is suspended.

The succeeding provisions are some examples of deprivation of rights established in penal form:

Family Code, Art. 228. Parental authority terminates permanently: (1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)

Family Code, Art. 229. Unless subsequently revived by a final judgment, parental authority also
terminates:

(1) Upon adoption of the child; the sentence, when a strict enforcement of the
(2) Upon appointment of a general guardian; provisions of this Code would result in the
(3) Upon judicial declaration of abandonment imposition of a clearly excessive penalty, taking
of the child in a case filed for the purpose; into consideration the degree of malice and the
(4) Upon final judgment of a competent court injury caused by the offense.
divesting the party concerned of parental
authority; or In case of excessive penalties, the court must
(5) Upon judicial declaration of absence or still impose the penalty but it shall recommend
incapacity of the person exercising parental reduction, commutation, or other actions to the
authority. (327a) Chief Executive.

Art. 21. Penalties that may be imposed. —

F. Application No felony shall be punishable by any penalty
1. Indeterminate Sentence Law not prescribed by law prior to its commission.
2. Three-fold Rule
3. Subsidiary Imprisonment Nulla poena sine lege.‖ This article prohibits the
Government from imposing punishment to any
General Rules person for a felony with any penalty which has
not been prescribed by the law.
Art. 5. Duty of the court in connection
with acts which should be repressed but In addition, penalties must be individual, i.e.,
which are not covered by the law, and in not shared, and definite, e.g., imprisonment,
cases of excessive penalties. — Whenever a fine, imprisonment and fine, imprisonment or
court has knowledge of any act which it may fine; but not imprisonment and/or fine.
deem proper to repress and which is not
punishable by law, it shall render the proper Art. 28. Computation of penalties. — If the
decision, and shall report to the Chief offender shall be in prison, the term of the
Executive, through the Department of Justice, duration of the temporary penalties shall be
the reasons which induce the court to believe computed from the day on which the judgment
that said act should be made the subject of of conviction shall have become final.
legislation.
If the offender be not in prison,
In the same way, the court shall submit to the the term of the duration of the penalty
Chief Executive, through the Department of consisting of deprivation of liberty shall be
Justice, such statement as may be deemed computed from the day that the offender is
proper, without suspending the execution of
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placed at the disposal of the judicial authorities imposed upon convicted prisoners, except in
for the enforcement of the penalty. the following cases:

The duration of the other penalties shall be a. When they are recidivists or have been
computed only from the day on which the convicted previously twice or more times of
defendant commences to serve his sentence. any crime; and
b. When upon being summoned for the
RULES ON THE COMPUTATION OF execution of their sentence they have
PENALTIES: failed to surrender voluntarily.
(1) WHEN THE OFFENDER IS IN PRISON –
the duration of temporary penalties is If the detention prisoner does not agree to
from the day on which the judgment of abide by the same disciplinary rules imposed
conviction becomes final. upon convicted prisoners,
(2) WHEN THE OFFENDER IS NOT IN
PRISON – the duration of penalty he shall be credited in the service of his
consisting in deprivation of liberty, is sentence with four-fifths of the time during
from the day that the offender is placed which he has undergone preventive
at the disposal of judicial authorities for imprisonment. (As amended by Republic Act
the enforcement of the penalty. 6127, June 17, 1970).
(3) THE DURATION OF OTHER PENALTIES –
the duration is from the day on which Whenever an accused has undergone
the preventive imprisonment
offender commences to serve his • for a period equal to or more than the
sentence possible maximum imprisonment of the
offense charged
• Examples of temporary penalties: to which he may be sentenced
(1) Temporary absolute disqualification • and his case is not yet terminated,
(2) Temporary special disqualification
(3) Suspension he shall be released immediately without
prejudice to the continuation of the trial thereof
If offender is under detention, as when he is or the proceeding on appeal, if the same is
undergoing preventive imprisonment, Rule under review.
No. 1 applies.
In case the maximum penalty to which the
If not under detention, because the accused may be sentenced is destierro, he
offender has been released on bail, Rule shall be released after thirty (30) days of
preventive imprisonment.
No. 3 applies.
(As amended by E.O. No. 214, July 10, 1988).
• Examples of penalties consisting in
The accused undergoes preventive
deprivation of liberty: (1) Imprisonment
imprisonment when the offense charged is
(2) Destierro
nonbailable, or even if bailable, he cannot
furnish the required bail.
• When the offender is not in prison, Rule No.
2 applies. The convict is to be released immediately if the
penalty imposed after trial is less than the full
• If the offender is undergoing preventive time or four-fifths of the time of the preventive
imprisonment, Rule No. 3 applies but the imprisonment.
offender is entitled to a deduction of full
time or 4/5 of the time of his detention. The accused shall be released immediately
whenever he has undergone preventive
Art. 29. Period of preventive imprisonment for a period equal to or more
imprisonment deducted from term of than the possible maximum imprisonment for
imprisonment. the offense charged.
Offenders who have undergone preventive
imprisonment shall be credited in the service of (Asked 4 times in the Bar Exams)
their sentence consisting of deprivation of
liberty, with the full time during which they
have undergone preventive imprisonment, if 1. Indeterminate Sentence Law
the detention prisoner agrees voluntarily in (R.A.
writing to abide by the same disciplinary rules 4013, as amended)
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that the prisoner may be exempted from
The Indeterminate Sentence is composed serving said indeterminate period in whole
of: or in part.
(1) A MAXIMUM taken from the penalty (4) The maximum is determined in any case
imposable under the penal code punishable under the RPC in accordance
(considering attendant circumstances) with the rules and provisions of said code
(2) A MINIMUM taken from the penalty next exactly as if the ISL had never been
lower to that fixed in the code. enacted.
(5) Apply first the effect of privileged
Purpose of the law: to uplift and redeem mitigating circumstances then consider
valuable human material and prevent the effects of aggravating and ordinary
unnecessary and excessive deprivation of mitigating circumstances.
liberty and economic usefulness. (6) The minimum depends upon the court‘s
• It is necessary to consider the criminal first discretion with the limitation that it must
as an individual, and second as a member be within the range of the penalty next
of the society. lower in degree to that prescribed by the
Code for the offense committed.
• The law is intended to favor the defendant,
particularly to shorten his term of
imprisonment, depending upon his Note: A minor who escaped from confinement
behavior and in the reformatory is entitled to the benefits of
his physical, mental and moral record as a the ISL because his confinement is not
prisoner, to be determined by the Board of considered imprisonment.
Indeterminate Sentence.
b. Coverage
The settled practice is to give the accused the
benefit of the law even in crimes punishable The law does not apply to certain
with death or life imprisonment provided the offenders:
resulting penalty, after considering (1) Persons convicted of offense punished with
the attending circumstances, is death penalty or life imprisonment (or
reclusion temporal or less. reclusion perpetua).
(2) Those convicted of treason, conspiracy or
ISL does not apply to destierro. ISL is expressly proposal to commit treason.
granted to those who are sentenced to (3) Those convicted of misprision of treason,
imprisonment exceeding 1 year. rebellion, sedition or espionage.
(4) Those convicted of piracy.
a. Application on the imposed (5) Those who are habitual delinquents (but
sentence applies to recidivists).
(6) Those who shall have escaped from
PROCEDURE FOR DETERMING THE confinement or evaded service of sentence.
MAXIMUM AND MINIMUM SENTENCE (7) Those who violated the terms of conditional
(1) It consists of a maximum and a minimum pardon granted to them by the Chief
instead of a single fixed penalty. Executive.
(2) Prisoner must serve the minimum before (8) Those whose maximum term of
he is eligible for parole. imprisonment does not exceed one year.
(3) The period between the minimum and (9) Those who, upon the approval of the law,
maximum is indeterminate in the sense had been sentenced by final judgment.
(10) Those sentenced to the penalty of
destierro or suspension.
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Art. 64. Rules for the application People v. Saley of (supra):
penalties which contain three Underperiods. the Indeterminate Sentence Law,
In cases in which the penalties prescribed
a) the maximum by term of the penalty shall be
law contain three periods, whether"that it bewhich,
a in view of the attending
single divisible penalty or composedcircumstances,
of three could be properly imposed"
different penalties, each one of which forms
under thea Revised
period in accordance with the provisions Penal Code,of
Articles 76 and 77, the court shallb) observe
and the for minimum shall be "within the
the application of the penalty the range followingof the penalty next lower to that
rules, according to whether there are or are not for the offense.
prescribed"
mitigating or aggravating circumstances:
a) When there are neither aggravating
The penalty nornext lower should be based on the
mitigating circumstances, penalty
they prescribed
shall by the Code for the offense,
impose the penalty prescribedwithout
by law infirst
its considering any modifying
medium period. circumstance attendant to the commission of
a) When only a mitigating circumstance
the crime. is
present in the commission of the act, they
shall impose the penalty in Theits minimum
determination of the minimum penalty is
period. left by law to the sound discretion of the court
b) When an aggravating circumstanceand it can be is anywhere within the range of the
present in the commission of penalty
the act,next theylower without any reference to the
shall impose the penalty in periods
its maximum into which it might be subdivided.
period.
c) When both mitigating and The aggravating
modifying circumstances are
circumstances are present, the court shallonly in the imposition of the
considered
reasonably offset those ofmaximum one classterm of the indeterminate
against the other according tosentence.
their relative
weight.
d) When there are two or more Themitigating
fact that the amounts involved in the
circumstances and no instant
aggravating
case exceed P22,000.00 should not be
circumstances are present, theconsidered
court shall:in the initial determination of the
i) impose the penalty next lower to that penalty;
indeterminate
prescribed by law,
ii) in the period that it may deem applicable,
instead, the matter should be so taken as
iii) according to the number analogous
and nature of to modifying circumstances in
such circumstances. the imposition of the maximum term of
e) Whatever may be the number the and
fullnature
indeterminate sentence.
of the aggravating circumstances, the
courts shall not impose a greater penalty
This interpretation of the law accords with the
than that prescribed by rule law, that in penal
its laws should be construed in
maximum period. favor of the accused. Since the penalty
prescribed
f) Within the limits of each period, the court by law for the estafa charge against
shall determine the extent ofaccused-appellant
the penalty is prision correccional
according to the number and maximum
nature of the to prision mayor minimum, the
penalty next lower would then be prision
aggravating and mitigating circumstances
correccional
and the greater and lesser extent of theminimum to medium. Thus, the
minimum term of the indeterminate sentence
evil produced by the crime.
should be anywhere within six (6) months and
one (1) day to four (4) years and two (2)
months.
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De la Cruz v. CA (1996): People v. Campuhan (supra):
In as much as the amount of P715k
The is P693k for attempted rape is two (2)
penalty
more than the abovementioned benchmark of than the imposable penalty of
degrees lower
P22k, then adding one year for each additional
death for the offense charged, which is
P10k, statutory rape of a minor below seven (7)
years.
the maximum period of 6 years, 8 months and
21 days to 8 years of prision mayor
Two (2) degrees lower is reclusion temporal,
would be increased by 69 years, the
as computed
range of which is twelve (12) years and one
by the trial court. (1) day to twenty (20) years.

But the law categorically declares that the

Applying theIndeterminate Sentence Law, and
maximum penalty then shall not exceed
in the 20 of any mitigating or aggravating
absence
years of reclusion temporal. circumstance,

Under the ISL, the minimum the termmaximum

of the of the penalty to be imposed
indeterminate penalt should beupon within
the the
accused shall be taken from the
range of the penalty next lower medium
in degree to of
period
that prescribed b the Code for the offense
committed, which is prision correccional.
reclusion temporal, the range of which is (11) Suspension from public office, the right
fourteen
CRIMINAL LAW REVIEWER
to vote and be voted for, the right to follow
(14) years, eight (8) months and (1) day to a
seventeen profession or calling, and
(17) years and four (4) months, (12) Public censure

while the minimum shall be taken from the Notwithstanding the provisions of the rule next 123
penalty next lower in degree, which is prision preceding, the maximum duration of the
mayor, the range of which is from six (6) years convict's sentence shall not be more than
and one (1) day to twelve (12) years, in any of three-fold the length of time corresponding to
its periods. the most severe of the penalties imposed upon
him.
Section 6: Duty of the prisoner released
under this Code: Report personally to such No other penalty to which he may be liable
government officials or other parole officers shall be inflicted after the sum total of those
appointed by the Board for a period of imposed equals the same maximum period.
surveillance equivalent to the remaining
portion of the maximum sentence imposed Such maximum period shall in no case exceed
upon him or until final release by the Board. If forty years.
it is shown that he is a law-abiding citizen and
did not violate any laws of the country, the In applying the provisions of this rule the
Board may issue a final certificate of release duration of perpetual penalties shall be
which will entitle him to final release and computed at thirty years. (As amended).
discharge.
(ASKED 15 TIMES IN THE BAR EXAMS)

c. Conditions of parole

Outline of the provisions of this Article:

(1) When the culprit has to serve 2 or more

penalties, he shall serve them
Section 8: Violations of the conditions of
the parole: If he/she violates any of the
conditions of the parole, the Board may issue
his warrant of arrest. If captured/arrested, he
shall serve the remaining unexpired portion of
the maximum sentence for which he was
originally committed unless a new parole was (2) Reclusion
granted. perpetua
(3) Reclusion
temporal
(4) Prision mayor
2. The Three-fold rule (5) Prision
correccional
simultaneously if the nature of the
penalties will so permit.
(2) Otherwise, the order of their respective severity shall be followed.

The respective severity of the penalties is as follows:

(1) Death (repealed)
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Art. 70. Successive service of sentence. (6) Arresto mayor
When the culprit has to serve two or more (7) Arresto menor
penalties, he shall serve them simultaneously if (8) Destierro
the nature of the penalties will so permit (9) Perpetual absolute disqualification
otherwise, the following rules shall be (10) Temporary absolute
observed: disqualification
(11) Suspension from public office,
In the imposition of the penalties, the order of the right to vote, and be voted for,
their respective severity shall be followed so the right to follow profession or
that they may be executed successively calling, and
(12) Public censure
or as nearly as may be possible, should a
pardon have been granted as to the penalty or
penalties first imposed, or should they have
been served out.

For the purpose of applying the provisions of

the next preceding paragraph

the respective severity of the penalties shall be

determined in accordance with the following
scale:

(1) Death,
(2) Reclusion perpetua,
(3) Reclusion temporal,
(4) Prision mayor,
(5) Prision correccional,
(6) Arresto mayor,
(7) Arresto menor,
(8) Destierro,
(9) Perpetual absolute disqualification, (10)
Temporal absolute disqualification.
The penalties which can be simultaneously served are:
(1) Perpetual absolute disqualification
(2) Perpetual special disqualification
(3) Temporary absolute disqualification
(4) Temporary special disqualification
(5) Suspension
(6) Destierro
(7) Public Censure
(8) Fine and Bond to keep the peace
(9) Civil interdiction
(10) Confiscation and payment of costs

• The above penalties, except destierro, can be served simultaneously with imprisonment.
• Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the
nature of such penalties.

Three-fold Rule:

The maximum duration of the convict‘s The three-fold rule applies only when the
sentence shall not be more than three times convict has to serve at least four sentences.
the length of time corresponding to the most
severe of the penalties imposed upon him. All the penalties, even if by different courts at
different times, cannot exceed three-fold the
The phrase ―the most severe of the penalties‖ most severe.
includes equal penalties.
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The Rules of Court specifically provide that any Art. 65. Rule in cases in which the penalty
information must not charge more than one is not composed of three periods.
offense. In cases in which the penalty prescribed by law
is not composed of three periods,
Necessarily, the various offense punished with
different penalties must be charged under the courts shall apply the rules contained in the
different informations which may be filed in the foregoing articles,
same court or in different courts, at the same
time or at different times.
dividing into three equal portions of time
included in the penalty prescribed, and forming
Subsidiary imprisonment forms part of the one period of each of the three portions.
penalty.
Meaning of the Rule
Indemnity is a penalty. a. Compute and determine first the 3 periods
of the entire penalty.
Court must impose all the penalties for all the b. The time included in the penalty prescribed
crimes of which the accused is found guilty, should be divided into 3 equal portions,
but in the service of the same, they shall not after subtracting the minimum (eliminate
exceed three times the most severe and shall the 1 day) from the maximum of the
not exceed 40 years. penalty.
c. The minimum of the minimum period
Mejorada v. Sandiganbayan (1987): should be the minimum of the given
The petitioner was convicted of violating penalty (including the 1 day).
Section 3(E) of RA No. 3019 aka the Anti-Graft d. The quotient should be added to the
and Corrupt Practices Act. minimum prescribed (eliminate the 1 day)
and the total will represent the maximum
One of the issues raised by the petitioner of the minimum period.
concerns the penalty imposed by the • Take the maximum of the minimum
Sandiganbayan which totals 56 years and 8 period, add 1 day and make it the
days of imprisonment. minimum of the medium period; then
add the quotient to the minimum
He impugns this as contrary to the three-fold (eliminate the 1 day) of the medium
rule and insists that the duration of the period and the total will represent the
aggregate penalties should not exceed 40 maximum of the medium period.
years. • Take the maximum of the medium
period, add 1 day and make it the
Held: minimum of the maximum period; then
Petitioner is mistaken in his application of the 3- add the quotient to the minimum
fold rule as set forth in Art. 70 of the RPC. (eliminate the 1 day) of the maximum
period and the total will represent the
This article is to be taken into account not in maximum of the maximum period.
the imposition of the penalty but in
connection with the service of the
sentence imposed. 3. Subsidiary imprisonment
Art. 38. Pecuniary liabilities; Order of payment.
Art. 70 speaks of ―service‖ of sentence,
— In case the property of the offender should
―duration‖ of penalty and penalty ―to be
not be sufficient for the payment of all his
inflicted‖.
pecuniary liabilities, the same shall be met in
the following order:
Nowhere in the article is anything mentioned
about the ―imposition of penalty‖.
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
It merely provides that the prisoner cannot be
3. The fine.
made to serve more than three times the most
severe of these penalties the maximum which 4. The cost of the proceedings.
is 40 years. (Asked once in the Bar Exams)

Where the Penalty Is Not Composed of 3 Art. 39. Subsidiary penalty.

Periods If the convict has no property with which to
meet the fine mentioned in the paragraph 3 of
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the next preceding article, he shall be subject • A convict who has property not
to a subsidiary exempt from execution sufficient
personal liability at the rate of one day for each enough to meet the fine cannot
eight pesos, subject to the following rules: choose to serve the subsidiary penalty.
• Subsidiary imprisonment is not an
1) If the principal penalty imposed be prision accessory penalty.
correccional or arresto and fine,
• he shall remain under confinement until his Rules as to subsidiary imprisonment:
fine referred to in the preceding paragraph (1) If the penalty imposed is prision
is satisfied, correcccional or arresto and fine –
• but his subsidiary imprisonment shall not subsidiary imprisonment not to exceed
exceed one-third of the term of the 1/3 of the term of the sentence, and in
sentence, no case to continue for more
• and in no case shall it continue for more than 1 year. Fraction or part of the day
than one year, and no fraction or part of a not counted.
day shall be counted against the prisoner. (2) When the penalty imposed is fine only –
subsidiary imprisonment, not to exceed 6
2) When the principal penalty imposed be only months, if the culprit is prosecuted for
a grave or less grave felony, and not to
fine, exceed 15
• the subsidiary imprisonment shall not days, if prosecuted for light felony.
exceed six months, (3) When the penalty imposed is higher than
prision correccional – no subsidiary
• if the culprit shall have been prosecuted for
imprisonment.
a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony. (4) If the penalty imposed is not to be
executed by confinement, but of fixed
duration – subsidiary penalty shall
3) When the principal imposed is higher than
consist in the same deprivations as those
prision correccional,
of the principal penalty, under the same
 no subsidiary imprisonment shall be imposed rules as in Nos. 1, 2 and 3 above.
upon the culprit. (5) In case the financial circumstances of the
convict should improve, he shall pay the
4) If the principal penalty imposed is not to be fine, notwithstanding the fact that the
executed by confinement in a penal convict suffered subsidiary penalty
institution, thereof.
• but such penalty is of fixed duration,
• the convict, during the period of time No subsidiary penalty in the following
established in the preceding rules, cases:
• shall continue to suffer the same (1) When the penalty imposed is higher than
deprivations as those of which the principal prision correccional. (Art. 39 par.
penalty consists. (2) For failure to pay the reparation of the
damage caused, indemnification of the
5) The subsidiary personal liability which the consequential damages, and the costs of
convict may have suffered by reason of his the proceedings.
insolvency shall not relieve him, (3) When the penalty imposed is fine and a
 from the fine in case his financial penalty not to be executed by
circumstances should improve. (As confinement in a penal institution and
amended by RA 5465, April 21, 1969). which has no fixed duration.

Subsidiary penalty – it is personal liability to Art. 46. Penalty to be imposed upon

be suffered by the convict who has no property principals in general. — The penalty
with which to meet the fine at the rate of one prescribed by law for the commission of a
day for each P8, subject to the rules provided felony shall be imposed upon the principals in
for in Articles 39. the commission of such felony.
• An accused cannot be made to
undergo subsidiary imprisonment in Whenever the law prescribes a penalty for a
case of insolvency to pay the fine felony is general terms, it shall be understood
imposed upon him when the as applicable to the consummated felony.
subsidiary imprisonment is not
imposed in the judgment of conviction. GENERAL RULE: The penalty prescribed by
(Ramos v. Gonong) law in general terms shall be imposed:
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• Upon the principals shall be imposed upon the principals in an
• For consummated felony attempt to commit a felony.

EXCEPTION: The exception is when the Art. 52. Penalty to be imposed upon
penalty to be imposed upon the principal in accomplices in consummated crime.
frustrated or attempted felony is fixed by law. The penalty next lower in degree than that
prescribed by law for the consummated shall
Whenever it is believed that the penalty lower be imposed upon the accomplices in the
by one or two degrees corresponding to said commission of a consummated felony.
acts of execution is not in proportion to the
wrong done, the law fixes a distinct penalty for Art. 53. Penalty to be imposed upon
the principal in frustrated or attempted felony. accessories to the commission of a
consummated felony. The penalty lower by
There are two ways to graduate penalties: two degrees than that prescribed by law for
1. By Degrees, which is affected by the the consummated felony shall be imposed
following factors: upon the accessories to the commission of a
a. Stage of Execution (consummated, consummated felony.
frustrated, or attempted)
b. Extent of Participation (principal, Art. 54. Penalty to imposed upon
accomplice, or accessory) accomplices in a frustrated crime.
c. Privileged mitigating circumstances
The penalty next lower in degree than
d. Qualifying circumstances
prescribed by law for the frustrated felony shall
e. Indeterminate Sentence Law be imposed upon the accomplices in the
(minimum, which is within the range of commission of a frustrated felony.
the penalty 1° lower than the penalty
prescribed by the RPC)
Art. 55. Penalty to be imposed upon
accessories of a frustrated crime.
2. By Periods (for divisible penalties, i.e., The penalty lower by two degrees than that
penalties with minimum, medium, and prescribed by law for the frustrated felony shall
maximum periods), which is affected by be imposed upon the accessories to the
the attendant ordinary commission of a frustrated felony.
mitigating/aggravating
circumstances
Art. 56. Penalty to be imposed upon
accomplices in an attempted crime.
Principals, Accomplices and Accessories in
The penalty next lower in degree than that
Consummated, Frustrated and Attempted
prescribed by law for an attempt to commit a
Felonies.
felony shall be imposed upon the accomplices
in an attempt to commit the felony.
Art. 46. Penalty to be imposed upon
principals in general.
Art. 57. Penalty to be imposed upon
The penalty prescribed by law for the
accessories of an attempted crime.
commission of a felony shall be imposed upon
The penalty lower by two degrees than that
the principals in the commission of such felony.
prescribed by law for the attempted felony
shall be imposed upon the accessories to the
Whenever the law prescribes a penalty for a attempt to commit a felony.
felony is general terms, it shall be understood
as applicable to the consummated felony.
FRUSTR
D
ATTEM
E
CONSUM

Art. 50. Penalty to be imposed upon

PTED
ATED

principals of a frustrated crime.

The penalty next lower in degree than that DIAGRAM OF THE
MAT

prescribed by law for the consummated felony APPLICATION OF ARTS.

shall be imposed upon the principal in a 50-57:
frustrated felony.

Art. 51. Penalty to be imposed upon

principals of attempted crimes. PRINCIPALS 0 1° 2°
A penalty lower by two degrees than that
prescribed by law for the consummated felony ACCOMPLICES 1° 2° 3°
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ACCESSORIES 2° 3° 4° corruption of minors, white slate trade or
abduction. (Art. 346)
• One who furnished the place for the
―0‖ represents the penalty prescribed by law
perpetration of the crime of slight illegal
in defining a crime, which is to be imposed on
detention. (Art. 268)
the PRINCIPAL in a CONSUMMATED OFFENSE, in
accordance with the provisions of Art. 46.
GENERAL RULE: An accessory is punished by
a penalty two degrees lower than the penalty
The other figures represent the degrees to
imposed upon the principal.
which the penalty must be lowered, to meet
the different situations anticipated by law.
EXCEPTIONS:
EXCEPTIONS: Arts. 50 to 57 shall not apply to • When accessory is punished as principal –
cases where the law expressly prescribes the knowingly concealing certain evil practices
penalty for frustrated or attempted felony, or to is ordinarily an act of the accessory, but in
be imposed upon accomplices or accessories. Art. 142, such act is punished as the act of
(Art. 60). the principal.
• When accessories are punished with a
Art. 60. Exception to the rules established penalty one degree lower:
in Articles 50 to 57. o Knowingly using counterfeited seal or
The provisions contained in Articles 50 to 57, forged signature or stamp of the
inclusive, of this Code shall not be applicable to President (Art. 162). o Illegal possession
cases in which the law expressly prescribes the and use of a false treasury or bank note
penalty provided for a frustrated or attempted (Art. 168). o Using falsified document
felony, or to be imposed upon accomplices or (Art. 173 par.3)
accessories. o Using falsified dispatch (Art. 173 par. 2)

A DEGREE is one entire penalty, one whole Art. 61. Rules for graduating penalties.
penalty or one unit of the penalties For the purpose of graduating the penalties
enumerated in the graduated scales provided which, according to the provisions of Articles
for in Art. 71. 50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals of
Each of the penalties of reclusion perpetua, any frustrated or
reclusion temporal, prision mayor, etc., attempted felony, or as accomplices or
enumerated in the graduated scales of Art. 71 accessories,
is a degree.
the following rules shall be observed:
When there is a mitigating or aggravating 1) When the penalty prescribed for the felony
circumstance, the penalty is lowered or is single and indivisible, the penalty next
increased by lower in degrees shall be that immediately
PERIOD only, following that indivisible penalty in the
respective graduated scale prescribed in
EXCEPT when the penalty is divisible and there Article 71 of this Code.
are two or more mitigating and without 2) When the penalty prescribed for the crime
aggravating circumstances, in which case the is composed of two indivisible penalties, or
penalty is lowered by degree. of one or more divisible penalties to be
impose to their full extent, the penalty next
A PERIOD is one of the three equal portions lower in degree shall be that immediately
called the minimum, medium and maximum of following the lesser of
a divisible penalty. the penalties prescribed in the respective
graduated scale.
GENERAL RULE: An accomplice is punished by 3) When the penalty prescribed for the crime
a penalty one degree lower than the penalty is composed of one or two indivisible
imposed upon the principal. penalties and the maximum period of
another divisible penalty, the penalty next
EXCEPTIONS: lower in degree shall be composed of the
• The ascendants, guardians, curators, medium and minimum periods of the
teachers and any person who, by abuse of proper divisible penalty and the maximum
authority or confidential relationship, shall periods of the proper divisible penalty and
cooperate as accomplices in the crimes of the maximum period of that immediately
rape, acts of lasciviousness, seduction, following in said respective graduated
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scale. The DIVISIBLE PENALTIES are:
4) When the penalty prescribed for the crime (1) reclusion temporal
is composed of several periods, (2) prision mayor
corresponding to different divisible (3) prision correccional
penalties, the penalty next lower in degree (4) arresto mayor (5) destierro
shall be composed of the period (6) arresto menor
immediately following the minimum
prescribed and of the two next following, The divisible penalties are divided into three
which shall be taken from the penalty periods: MINIMUM, MEDIUM AND THE MAXIMUM
prescribed, if possible; otherwise from the
penalty immediately following in the above FIRST RULE: When the penalty is single and
mentioned respective graduated scale. indivisible.
5) When the law prescribes a penalty for a • Ex. reclusion perpetua
crime in some manner not especially • The penalty immediately following it is
provided for in the four preceding rules, the reclusion temporal.
courts, proceeding by analogy, shall • Thus, reclusion temporal is the penalty next
impose corresponding penalties upon those lower in degree.
guilty as principals of the frustrated felony,
or of attempt to commit the same, and SECOND RULE (a): When the penalty is
upon accomplices and accessories. composed of
two indivisible penalties
This article provides for the rules to be • Ex. reclusion perpetua to death
observed in lowering the penalty by one or two • The penalty immediately following the
degrees: lesser of the penalties, which is reclusion
• For the principal in frustrated felony  one perpetua, is reclusion temporal.
degree lower;
• For the principal in attempted felony  two SECOND RULE (b): When the penalty is
degrees lower; composed of one or more divisible penalties to
• For the accomplice in consummated felony be imposed to their full extent
 one degree lower; and • Ex. prision correccional to prision mayor
• For the accessory in consummated felony  • The penalty immediately following the
two degrees lower. lesser of the penalties of prision
correccional to prision mayor is arresto
The rules provided for in Art. 61 should also mayor.
apply in determining the MINIMUM of the
indeterminate penalty under the Indeterminate THIRD RULE (a): When the penalty is
Sentence Law. composed of two indivisible penalties and the
maximum period of a divisible penalty
The MINIMUM of the indeterminate penalty is • Ex. reclusion temporal in its MAXIMUM
within the range of the penalty next lower than period to death
that prescribed by the RPC for the offense. • The MEDIUM and MINIMUM period of the
divisible penalty and the MAXIMUM of that
Those rules also apply in lowering the penalty immediately following penalty is the
by one or two degrees by reason of the penalty next lower in degree.
presence of privileged mitigating circumstance
(Arts. 68 and 69), Death Penalty for the
Reclusion principal in
or when the penalty is divisible and there are consummated
Perpetua
two or more mitigating circumstances (generic) murder
and no aggravating circumstance (Art. 64). Maximum
Reclusion Medium Penalty for
The lower penalty shall be taken from the Temporal Minimum accomplice; or
graduated scale in Art. 71. for principal
Maximum in frustrated murder
The INDIVISIBLE PENALTIES are: Prision Medium
(1) death Mayor
Minimum
(2) reclusion perpetua
(3) public censure
 CRIMINAL LAW REVIEWER

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THIRD RULE (b): When the penalty is
composed of one indivisible penalty and the The rules prescribed in pars. 4 and 5 of Art. 61
maximum period of a divisible penalty. may be simplified as follows:
• Ex. Reclusion temporal in its MAXIMUM (1) If the penalty prescribed by the Code
period to Reclusion perpetua consists in 3 periods, corresponding to
• The same rule shall be observed in different divisible penalties, the penalty
lowering the penalty by one or two next lower in degree is the penalty
degrees. consisting in the 3 periods down in the
scale.
FOURTH RULE: When the penalty is (2) If the penalty prescribed by the Code
composed of several periods. consists in 2 periods, the penalty next
• Ex. Prision Mayor in its MEDIUM period to lower in degree is the penalty consisting in
Reclusion temporal in its MINIMUM period. 2 periods down in the scale.
• This rule contemplates a penalty composed (3) If the penalty prescribed by the Code
of at least 3 periods. consists in only 1 period, the penalty next
lower in degree is the next period down in
• The several periods must correspond to
the scale.
different divisible penalties.

Effects of Mitigating and Aggravating

Maximum
Reclusion Circumstances
Medium
temporal
Minimum Penalty for the Art. 62. Effect of the attendance of
Maximum principal in the mitigating or aggravating circumstances
Prision consummated felony and of habitual delinquency.
Medium
Mayor
Minimum Penalty for Mitigating or aggravating circumstances and
the habitual delinquency shall be taken into
Maximum
accomplice; or account for the purpose of diminishing or
Prision increasing the penalty in conformity with the
Correccion Medium principal in frustrated
following rules:
al felony
(1) Aggravating circumstances which in
Minimum themselves constitute a crime specially
punishable by law or which are included by
FIFTH RULE (a): When the penalty has two the law in defining a crime and prescribing
periods the penalty therefor shall not be taken into
• Ex. Prision correccional in its MINIMUM and account for the purpose of increasing the
MEDIUM periods penalty.
(2) The same rule shall apply with respect to
Maximu any aggravating circumstance inherent in
the crime to such a degree that it must of
m
Prision necessity accompany the commission
correccional Medium The penalty thereof.
prescribed for the (3) Aggravating or mitigating circumstances
Minimum felony which arise from the moral attributes of the
Maximu offender, or from his private relations with
m The penalty the offended party, or from any other
Arresto personal cause, shall only serve to
next lower
Mayor Medium aggravate or mitigate the liability of the
Minimum principals, accomplices and accessories as
to whom such circumstances are
attendant.
FIFTH RULE (b): When the penalty has one
(4) The circumstances which consist in the
period.
material execution of the act, or in the
• Ex. Prision Mayor in its MAXIMUM period means employed to accomplish it, shall
• If the penalty is any one of the three serve to aggravate or mitigate the liability
periods of a divisible penalty, the penalty of those persons only who had knowledge
next lower in degree shall be that period of them at the time of the execution of the
next following the given penalty. act or their cooperation therein.
• The penalty immediately inferior is prision (5) Habitual delinquency shall have the
mayor in its MEDIUM period. following effects:
a. Upon a third conviction the culprit shall be
SIMPLIFIED RULES: sentenced to the penalty provided by law
for the last crime of which he be found
 CRIMINAL LAW REVIEWER

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guilty and to the additional penalty of to the additional penalty of prision
prision correccional in its medium and correccional in its medium and maximum
maximum periods; period.
b. Upon a fourth conviction, the culprit shall • Fourth conviction. The penalty is that
be sentenced to the penalty provided for provided by law for the last crime and the
the last crime of which he be found guilty additional penalty of prision mayor in its
and to the additional penalty of prision minimum and medium periods.
mayor in its minimum and medium • Fifth or additional conviction. The
periods; and penalty is that provided by law for the last
c. Upon a fifth or additional conviction, the crime and the additional penalty of prision
culprit shall be sentenced to the penalty
mayor in its maximum period to reclusion
provided for the last crime of which he be
temporal in its minimum period.
found guilty and to the additional penalty
of prision mayor in its maximum period to
reclusion temporal in its minimum period Note:
(6) Notwithstanding the provisions of this • In no case shall the total of the 2 penalties
article, the total of the two penalties to be imposed upon the offender exceed 30
imposed upon the offender, in conformity years.
herewith, shall in no case exceed 30 years. • The law does not apply to crimes described
(7) For the purpose of this article, a person in Art. 155.
shall be deemed to be habitual delinquent, • The imposition of the additional penalty on
is within a period of ten years from the habitual delinquents are CONSTITUTIONAL
date of his release or last conviction of the because such law is neither an EX POST
crimes of serious or less serious physical FACTO LAW nor an additional punishment
injuries, robo, hurto, estafa or falsification, for future crimes.
he is found guilty of any of said crimes a • It is simply a punishment on future crimes
third time or oftener. on account of the criminal propensities of
the accused.
What are the effects of the attendance of • The imposition of such additional penalties
mitigating or aggravating circumstances? is mandatory and is not discretionary.
1) Aggravating circumstances which are not • Habitual delinquency applies at any stage
considered for the purpose of increasing of the execution because subjectively, the
the penalty: offender reveals the same degree of
a. Those that constitute a separate crime depravity or perversity as the one who
punishable by law. commits a consummated crime.
b. Those that are inherent in the crime • It applies to all participants because it
committed: reveals persistence in them of the
i. Included by law in defining the crime inclination to wrongdoing and of the
ii. Inherent in the crime but of necessity perversity of character that led them to
they accompany the commit the previous crime.
commission
thereof Cases where attending aggravating or
2) Aggravating or mitigating circumstances mitigating circumstances are not
that serve to aggravate or mitigate the considered in the imposition of penalties
liability of the offender to whom such are 1) Penalty that is single and indivisible
attendant. Those arising from: 2) Felonies through negligence
• Moral attributes of the offender 3) When the penalty is a fine
• His private relations with the offended 4) When the penalty is prescribed by a special
party law. (Asked 3 times in the Bar Exams)
• Any other personal cause
3) Aggravating or mitigating circumstances Art. 63. Rules for the application of
that affect the offenders only who had indivisible penalties.
knowledge of them at the time of the 1) In all cases in which the law prescribes a
execution of the act or their cooperation single indivisible penalty,
therein. 2) it shall be applied by the courts regardless
of any mitigating or aggravating
What are the legal effects of habitual circumstances that may have attended the
delinquency? commission of the deed.
• Third conviction. The culprit is sentenced
to the penalty for the crime committed and
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3) In all cases in which the law prescribes a circumstance and there is no aggravating
penalty composed of two indivisible circumstance, the lesser penalty shall be
penalties, applied.
4) the following rules shall be observed in the
application thereof:
a. When in the commission of the deed there Art. 64. Rules for the application of
is present only one aggravating penalties which contain three periods.
circumstance, the greater penalty shall be 1) In cases in which the penalties prescribed
applied. by law contain three periods,
b. When there are neither mitigating nor 2) whether it be a single divisible penalty or
aggravating circumstances and there is no composed of three different penalties,
aggravating circumstance, the lesser 3) each one of which forms a period in
penalty shall be applied. accordance with the provisions of Articles
c. When the commission of the act is 76 and 77,
attended by some mitigating 4) the court shall observe for the application
circumstances and there is no aggravating of the penalty the following rules, according
circumstance, the lesser penalty shall be to whether there are or are not mitigating
applied. or aggravating circumstances:
d. When both mitigating and aggravating
i. When there are neither aggravating nor
circumstances attended the commission of
mitigating circumstances, they shall
the act, the court shall reasonably allow
impose the penalty prescribed by law in its
them to offset one another in
medium period.
consideration of their number and
ii. When only a mitigating circumstances is
importance, for the purpose of applying
present in the commission of the act, they
the penalty in accordance with the
shall impose the penalty in its minimum
preceding rules, according to the result of
period.
such compensation.
iii. When an aggravating circumstance is
present in the commission of the act, they
Rules for the application of indivisible
shall impose the penalty in its maximum
penalties: a. Penalty is single and
period.
indivisible
iv. When both mitigating and aggravating
i. The penalty shall be applied regardless
circumstances are present, the court shall
of the presence of mitigating or
reasonably offset those of one class
aggravating circumstances. ii. Ex.
against the other according to their
reclusion perpetua or death
relative weight.
b. Penalty is composed of 2 indivisible
v. When there are two or more mitigating
penalties:
circumstances and no
1. One aggravating circumstance present:
aggravating circumstances are present,
HIGHER penalty
the court shall impose the penalty next
2. No mitigating circumstances present:
lower to that prescribed by law, in the
LESSER penalty
period that it may deem applicable,
3. Some mitigating circumstances present
according to the number and nature of
and no aggravating: LESSER penalty
such circumstances.
4. Mitigating and aggravating
vi. Whatever may be the number and nature
circumstances offset each other
of the aggravating circumstances, the
 Basis of penalty: courts shall not impose a greater penalty
number and than that prescribed by law, in its
importance. maximum period.
(Asked 2 times in the Bar Exams) vii. Within the limits of each period, the court
shall determine the extent of the penalty
People v. Formigones (1950): according to the number and nature of the
Held: aggravating and mitigating circumstances
The penalty applicable for parricide under Art. and the greater and lesser extent of the
246 of the RPC is composed only of 2 indivisible evil produced by the crime.
penalties, reclusion perpetua to death.
Although the commission of the act is attended Rules for the application of DIVISIBLE
by some mitigating circumstance without any PENALTIES
aggravating circumstance to offset them, Art. 1) No aggravating and No mitigating:
63 of the RPC should be applied. The said MEDIUM PERIOD
article provides that when the commission of 2) One mitigating: MINIMUM PERIOD
the act is attended by some mitigating
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3) One aggravating: (but regardless of the nature of the conditions of exemption present
number of aggravating circumstances, the or lacking.
courts cannot exceed the penalty provided
by law in its maximum period): MAXIMUM Penalty to be imposed when the crime
PERIOD committed is not wholly excusable:
4) Mitigating and aggravating • One or two degrees lower
circumstances present: • if the majority of the conditions for
• to offset each other according to justification or exemption in the cases
relative weight provided in Arts. 11 and 12 are present.
5) 2 or more mitigating and no
aggravating: People v. Lacanilao (1988):
• one degree lower (has the effect of a Held:
privileged mitigating circumstance) Incomplete fulfillment of duty is a privileged
mitigating circumstance which not only cannot
NOTE: Art. 64 does not apply to: be offset by aggravating circumstances but
1) indivisible penalties also reduces the penalty by one or two degrees
2) penalties prescribed by special laws 3) than that prescribed b law. The governing
fines provision is Art. 69 of the RPC.
4) crimes committed by negligence

(Asked 3 times in the Bar Exams)

G. Special rules for certain
Art. 67. Penalty to be imposed when not situations
all the requisites of exemption
of the fourth circumstance
of Article 12 are present. When all the
conditions required in circumstances Number 4 1. Complex Crimes
of Article 12 of this Code to exempt from
criminal liability are not present, Art. 48. Penalty for complex crimes. —
When a single act constitutes two or more
the penalty of arresto mayor in its maximum grave or less grave felonies, or when an offense
period to prision correccional in its minimum is a necessary means for committing the other,
period shall be imposed upon the culprit if he the penalty for the most serious crime shall be
shall have been guilty of a grave felony, imposed, the same to be applied in its
maximum period.
and arresto mayor in its minimum and medium
periods, if of a less grave felony. The rule for complex crimes is to impose the
penalty for the most serious offense in its
Penalty to be imposed if the requisites of MAXIMUM period.
accident (Art. 12 par 4) are not all
present: Monteverde v. People (2002):
a) GRAVE FELONY: arresto mayor maximum Monteverde was purportedly charged with the
period to prision correccional minimum complex crime of estafa through falsification of
period a commercial document for allegedly falsifying
b) LESS GRAVE FELONY: arresto mayor the document she had submitted to show that
minimum the money donated by PAGCOR was used and
period and medium period spent for lighting materials for her barangay.
Held:
Art. 69. Penalty to be imposed when the Under Article 48 of the Revised Penal Code, a
crime committed is not wholly excusable. complex crime refers to:
A penalty lower by one or two degrees than 1) the commission of at least two grave or
that prescribed by law shall be imposed if the less grave felonies that must both (or all)
deed is not wholly excusable by reason of the be the result of a single act, or
lack of some of the conditions required to 2) one offense must be a necessary means for
justify the same or to exempt from criminal committing the other (or others).
liability in the several cases mentioned in
Article 11 and 12, provided that the majority of Using the above guidelines, the acts cannot
such conditions be present. The courts shall constitute a complex crime.
impose the penalty in the period which may be
deemed proper, in view of the number and
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134
Specifically, the alleged actions showing
falsification of a public and/or a commercial
document were not necessary to commit
estafa.

Neither were the two crimes the result of a

single act.

People v. Gonzalez (Supra):

Both of the families of Andres and that of
Gonzalez were on their way to the exit of the
Loyola Memorial Park.

Gonzales was driving with his grandson and 3

housemaids, while Andres was driving with his
pregnant wife, Feliber, his 2yr old son, Kenneth,
his nephew Kevin and his sister-in-law.

At an intersection, their two vehicles almost

collided. Gonzales continued driving while
Andres tailed Gonzales‘ vehicle and cut him off
when he found the opportunity to do so, then
got out of his vehicle and knocked on the
appellant's car window.

Heated exchange of remarks followed. On his

way back to his vehicle, he met Gonzales son,
Dino.
Andres had a shouting match this time with
Dino.

Gonzales then alighted from his car and fired a

single shot at the last window on the left side of
Andres' vehicle at an angle away from Andres.

The single bullet fired hit Kenneth, Kevin and

Feliber
People
which caused
v. Comadre
the latter‘s
(2004):
death. offenses.
Held: Agbanlog, Wabe, Bullanday, Camat and
Robert
CRIMINAL LAW REVIEWER
The rules on the imposition of penalties for Separate informations should have, therefore,
complex crimesphilosophy
The underlying under Art.of48 of thecrimes
complex Revised in been filed.
Penal
the Code are
Revised not Code,
Penal applicable
which in follows
this case.
the pro People v. Velasquez (2000):
reo principle, is intended to favor the accused
[Link]
by 48 applies a single
if a single
penalty
act irrespective
constitutes twoof the
or
Velasquez, poked a toy gun and forced Karen to
go with her at his grandmother‘s house.
135
more grave
crimes and less grave felonies or when an
committed.
offense is a necessary means of committing
2. Out of fear and not knowing that the gun that
another;
The in such
rationale a case,
being, that thethepenalty
accusedfor who
the
Velasquez was holding is a mere toy, Karen
most serious
commits two offense
crimesshallwithbe single
imposed in its
criminal went with Velasquez.
maximum period.
impulse demonstrates lesser perversity than
when the crimes are committed by different Art. 49. Penalty to be imposed upon the
Velasquez then raped Karen twice.
Considering
acts and several
thatcriminal
the offenses
resolutions.
committed by principals when the crime committed is
the act of the appellant of firing a single shot different from that intended. — In cases in
are: single
one count of appellant
homicide, of a grave felony, The trial
which thecourt convicted
felony Velasquez
committed of two from
is different
The act by detonating a
and two counts of quantitatively
slight physicalconstitute
injuries, a counts of rape.
that which the offender intended to commit,
hand grenade may
People v. Delos Santos (2001):
light felony,
cluster the rulesseparate
of several on the imposition
and distinct of the following rules shall be observed:
Held: Held:
penalties for
offenses, yetcomplex
these crimes,
component which requires
criminal
Considering that theand/or
incident was not afelonies,
product Considering
two or more
offenses shouldgrave
be considered less grave
only as a single 1. If thethat Velasquez
penalty forcibly
prescribed abducted
for the felony
of a malicious intent but rather the result of a Karen and then raped her
will notin
crime apply.
law on which a single penalty is committed be higher thantwice, he should be
that corresponding
single act of reckless driving, convicted of the complex crime intended
of forcible
imposed because the offender was impelled by to the offense which the accused to
a ―single criminal impulse‖ which shows his abduction
commit, with the rape and simple
penalty rape.
corresponding to the
Glenn should ofbeperversity.
lesser degree held guilty of the complex latter shall be imposed in its maximum
crime of reckless imprudence resulting in The penalty for complex crimes is the penalty
period.
multiple homicide with serious physical injuries for the most serious crime which shall be
and less serious physical injuries. imposed
2. Ifintheits penalty
maximum period. for the felony
prescribed
committed be lower than that corresponding
The slight physical injuries caused by Glenn to Rape is the
to the onemore serious
which the of the twointended
accused crimes andto
the ten other victims through reckless iscommit,
punishable with reclusion
the penalty for the perpetua
former shallunder
be
imprudence, would, had they been intentional, Article
imposed 266-Ain itsofmaximum
the Revised Penal Code and
period.
have constituted light felonies. since reclusion perpetua is a single indivisible
penalty,
3. it shall
The be imposed
rule as it is.
established by the next
Being light felonies, which are not covered by
preceding paragraph shall not be applicable if
Article 48, they should be treated and punished The
thesubsequent rape by
acts committed committed
the guiltyby Velasquez
person shall
as separate can no longer be considered as a separate
also constitute an attempt or frustration of
Crimes Different from That complex crime of forcible abduction with rape
another
but crime,
only as if the act of rape punishable
a separate
Intended by reclusion perpetua.

law prescribes a higher penalty for either of because the means employed by such person
the latter offenses, in which case the penalty
are essentially inadequate to produce the result
provided for the attempted or the frustrated
desired by him, the court, having in mind the
crime shall be imposed in its maximum period.
social danger and the degree of criminality
shown by the offender, shall impose upon him
Either the crime committed be more grave than the penalty of arresto mayor or a fine from 200
the crime intended or the crime intended be to 500 pesos.
more grave than the crime committed, the
penalty to be imposed should be the penalty
Depending upon the social danger and the
for the lesser felony in its MAXIMUM period.
degree of criminality shown by the offender,
the penalty for impossible crimes is arresto
Except: if the lesser felony constitutes an mayor or fine of P200P500.
attempt or frustration of another felony.
Plural Crimes (supra)
Example: If the crime intended was homicide,
but the crime committed was parricide, the
Additional Penalty for Certain Accessories
penalty to be imposed is the penalty for
homicide in its MAXIMUM period.
Art. 58. Additional penalty to be imposed
upon certain accessories.
Impossible Crimes
Those accessories falling within the terms of
Art. 59. Penalty to be imposed in case of
paragraphs 3 of Article 19 of this Code
failure to commit the crime because the
means employed or the aims sought are
impossible. — When the person intending to who should act with abuse of their public
commit an offense has already performed the functions,
acts for the execution of the same but
nevertheless the crime was not produced by shall suffer the additional penalty of
reason of the fact that the act intended was by
its nature one of impossible accomplishment or
 CRIMINAL LAW REVIEWER

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• absolute perpetual disqualification if the (4) until he shall have reached twenty-one
principal offender shall be guilty of a grave years of age or, for a shorter period as the
felony, and that court may deem proper,
• of absolute temporary disqualification if he (5) after considering the reports and
shall be guilty of a less grave felony. recommendations of the Department of
Social Welfare or the agency or responsible
Absolute perpetual disqualification if the individual under whose care he has been
principal offender is guilty of a grave felony. committed.

Absolute temporary disqualification if the The youthful offender shall be subject to

principal offender is guilty of a less grave visitation and supervision
felony.
by a representative of the Department of Social
3. Where the Offender Is Below Welfare or any duly licensed agency or such
other officer as the court may designate
18 subject to such conditions as it may prescribe.
Years
Art. 68 applies to such minor if his application
Art. 68. Penalty to be imposed upon a for suspension of sentence is disapproved or if
person under eighteen years of age. while in the reformatory institution he becomes
When the offender is a minor under eighteen incorrigible in which case he shall be returned
years to the court for the imposition of the proper
penalty.
and his case is one coming under the provisions
of the paragraphs next to the last of Article 80 9 to 15 years only with discernment: at least 2
of this degrees lower.
Code,
15 to 18 years old: penalty next lower
the following rules shall be observed:
Except if the act is attended by two or more
1) Upon a person under fifteen but over nine mitigating and no aggravating circumstance,
years of age, who is not exempted from the penalty being divisible, a minor over 15 but
liability by reason of the court having under 18 years old may still get a penalty two
declared that he acted with discernment, a degrees lower.
discretionary penalty shall be imposed, but
always lower by two degrees at least than Art. 68 provides for two of the PRIVILEGED
that prescribed by law for the crime which MITIGATING CIRCUMSTANCES
he committed. (Asked once in the Bar Exams)

2) Upon a person over fifteen and under H. Execution and Service

eighteen years of age the penalty next
lower than that prescribed by law shall be
imposed, but always in the proper period.
Execution of Penalties
PD No. 603. ART. 192. Suspension of Art. 78. When and how a penalty is to be
Sentence and Commitment of Youthful executed.
Offender. No penalty shall be executed except by virtue
of a final judgment.
(1) If after hearing the evidence in the proper
proceedings, the court should find that the
A penalty shall not be executed in any other
youthful offender has committed the acts form than that prescribed by law, nor with any
charged against him other circumstances or incidents than those
(2) the court shall determine the imposable expressly authorized thereby.
penalty, including any civil liability
chargeable against him. In addition to the provisions of the law, the
(3) However, instead of pronouncing judgment special regulations prescribed for the
of conviction, the court shall suspend all government of the institutions in which the
further proceedings and shall commit such penalties are to be suffered shall be observed
minor to the custody or care of the with regard to
Department of Social Welfare, or to any • the character of the work to be performed,
training institution • the time of its performance, and other
 CRIMINAL LAW REVIEWER

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incidents connected therewith, Art. 88. Arresto menor.
• the relations of the convicts among The penalty of arresto menor shall be served in
themselves and other persons, the municipal jail, or in the house of the
defendant himself under the surveillance of an
• the relief which they may receive, and 
officer of the law, when the court so provides
their diet.
in its decision, taking into consideration the
health of the offender and other reasons which
The regulations shall make provision for the
may seem satisfactory to it.
separation of the sexes in different institutions,
or at least into different departments and also
Service of the penalty of arresto menor:
for the correction and reform of the convicts.
• In the municipal jail
• In the house of the offender, but under the
The judgment must be final before it can be
surveillance of an officer of the law For
executed, because the accused may still
health or other good reasons as determined
appeal within 15 days from its promulgation.
by the court.
But if the defendant has expressly waived in
writing his right to appeal, the judgment
becomes final and executory.

See Rules and regulations to implement RA No.

8177 under Capital Punishment. In the Matter of the petition for Habeas
Corpus of Pete Lagran (2001):
Art. 86. Reclusion perpetua, reclusion The accused was convicted of 3 counts of
temporal, prision mayor, prision violating BP22 and was sentenced to
correccional and arresto mayor. imprisonment of 1 year for each count.
The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional He was detained on Feb. 24, 1999.
and arresto mayor, shall be executed and
served in the places and penal establishments On Mar. 19, 2001, he filed a petition for habeas
provided by the Administrative Code in force or corpus claiming he completed the service of his
which may be provided by law in the future. sentence.

Art. 87. Destierro. Citing Art. 70, RPC, he claimed that he shall
Any person sentenced to destierro shall not be serve the penalties simultaneously.
permitted to enter the place or places
designated in the sentence, Thus, there is no more legal basis for his
nor within the radius therein specified, which detention.
shall be not more than 250 and not less than
25 kilometers from the place designated. Held:
Art. 70 allows simultaneous service of two or
Convict shall not be permitted to enter the more penalties only if the nature of the
place designated in the sentence nor within the penalties so permit.
radius specified,
• which shall not more than 250 and not less In the case at bar, the petitioner was sentenced
than 25 km from the place designated. to suffer one year imprisonment for every
count of the offense committed.
If the convict enters the prohibited area, he
commits evasion of sentence. The nature of the sentence does not allow
petitioner to serve all the terms simultaneously.
Destierro is imposed:
• When the death or serious physical injuries The rule of successive service of sentence must
is caused or are inflicted under exceptional be applied.
circumstances (art. 247); (Asked once in the Bar Exams)
• When a person fails to give bond for good
behavior (art. 284);
• As a penalty for the concubine in the crime
of concubinage (Art. 334);
1. Probation Law (P.D. 968, as
• When after lowering the penalty by amended)
degrees, destierro is the proper penalty.
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a. Definition of terms (Sec. 3) which an application for probation may be filed
with the trial court: ―after the trial curt shall
Probation – a disposition under which a have convicted and sentenced a defendant and
defendant, after conviction and sentence, is – within the period for perfecting an appeal‖.
released subject to conditions imposed by the
court and to the supervision of a probation The provision expressly prohibits the grant of
officer. an application for probation if the defendant
has perfected an appeal from the judgment of
Probationer – a person placed on probation conviction.

Probation officer – one who investigates for Petitioner‘s right to apply for probation was lost
the court a referral for probation or supervises when he perfected his appeal from the
a probationer or both. judgment of the trial court.

[Link] (Sec. 2) The trial court lost jurisdiction already over the
case.
1. Promote the correction and rehabilitation of
an offender by providing him with
individualized treatment
2. Provide an opportunity for the reformation Salgado v. CA (1990):
of a penitent offender which might be less There is no question that the decision
probable if he were to serve a prison convicting Salgado of the crime of serious
sentence physical injuries had become final and
3. Prevent the commission of offenses executory because the filing by respondent of
an application for probation is deemed a
c. Grant of probation, manner and waiver of his right to appeal.
conditions
The grant of probation does not extinguish the
Grant of probation (Sec. 4) civil liability of the offender.
Subject to the provisions of this Decree, the
trial court may, after it shall have convicted The order of probation with one of the
and sentenced a defendant and upon conditions providing for the manner of
application by said defendant within the period payment of the civil liability during the period
for perfecting an appeal, suspend the of probation did not increase or decrease the
execution of the sentence and place the civil liability adjudged.
defendant on probation for such period and
upon such terms and conditions as it may The conditions listed under Sec. 10 of the
deem best: Provided, That no application for Probation law are not exclusive.
probation shall be entertained or granted if the
defendant has perfected the appeal from the Courts are allowed to impose practically any
term it chooses, the only limitation being that it
judgment of conviction.
does not jeopardize the constitutional rights of
the accused.
Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only. An application for probation shall be
Office of the Court Administrator v.
filed with the trial court. The filing of the
Librado (1996):
application shall be deemed a waiver of the
right to appeal. Held:
While indeed the purpose of the Probation Law
An order granting or denying probation shall is to save valuable human material,
not be appealable. it must not be forgotten that unlike pardon
probation does not obliterate the crime of
which the person under probation has been
The provisions of Sec. 4 of PD 968, as above
convicted.
amended, shall not apply to those who have
already filed their respective applications for
probation at the time of the effectivity of this The image of the judiciary is tarnished by
Decree. conduct involving moral turpitude.

Llamado v. CA (1989): The reform and rehabilitation of the probationer

In its present form, Section 4 of the Probation cannot justify his retention in the government
Law establishes a much narrower period during service.
 CRIMINAL LAW REVIEWER

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2. Available institutional and community
resources.

Conditions of probation (Sec. 10) e. Disqualified offenders

Sec. 10. Conditions of Probation – Every
probation order issued by the court shall Probation under PD No. 968, as amended, is
contain conditions requiring that the intended for offenders who are 18 years of age
probationer shall: and above, and who are not otherwise
a) Present himself to the probation officer disqualified by law.
designated to undertake his supervision at
such place as may be specified in the order Offenders who are disqualified are those:
within 72 hours from receipt of the order; a) Sentenced to serve a maximum term of
b) Report to the probation officer at least once imprisonment of more than six years;
a month at such time and place as b) Convicted of subversion or any offense
specified by said officer. against the security of the State, or the
Public Order;
The court may also require the probationer c) Who have previously been convicted by
to: a) Cooperate with a program of final judgment of an offense punished by
supervision; imprisonment of not less than one month
b) Meet his family responsibilities; and one day and/or a fine of not more than
c) Devote himself to a specific employment Two
and not to change said employment Hundred Pesos;
without the prior written approval of the d) Who have been once on probation under
probation officer; the provisions of this Decree; and
d) Undergo medical, psychological or e) Who are already serving sentence at the
psychiatric examination and treatment and time the substantive provisions of PD 968
enter and remain in a specified institution, became applicable pursuant to Sec. 33
when required for that purpose; hereof (Effectivity clause: PD 968‘s
e) Pursue a prescribed secular study or substantive
vocational training; provisions took effect on 3 January 1978)
f) Attend or reside in a facility established for
instruction, recreation or residence of f. Period of probation (Sec. 14)
persons on probation; Sec. 14.
g) Refrain from visiting houses of ill-repute; a. The period of probation of a defendant
h) Abstain from drinking intoxicating sentenced to a term of imprisonment of not
beverages to excess; more than one year shall not exceed 2
i) Permit the probation officer or an years, and in all other cases, said period
authorized social worker to visit his home shall not exceed 6 years.
and place of work; b. When the sentence imposes a fine only and
j) Reside at premises approved by it and not the offender is made to serve subsidiary
to change his residence without its prior imprisonment in case of insolvency, the
written approval; or period of probation shall not be less than
k) Satisfy any other condition related to the nor be more than twice the total number of
rehabilitation of the defendant and not days of subsidiary imprisonment as
unduly restrictive of his liberty or computed at the rate established in Art. 39
incompatible with his freedom of of the RPC, as amended.
conscience.
Question: When is the period for filing of
probation?
d. Criteria of placing an offender on
Answer: Filing period is within the period for
probation (Sec. 8) perfecting an appeal.
1. All information relative to the –
Question: Where do you file your
a. character,
probation application? Answer: Trial Court
b. antecedents,
c. environment,
Question: Does the law allow the
d. mental, and
simultaneous filing of probation and
e. physical appeal?
Answer: No. It‘s either you file for probation or
condition of the offender you file for appeal. Only one choice, if you
 CRIMINAL LAW REVIEWER

140
choose one then you are barred from using the g. Arrest of probationer (Sec. 15)
other. Sec. 15. Arrest of probationer;
subsequent dispositions. – At any time
Question: When shall probation be during probation, the court may issue a warrant
denied? for the arrest of a probationer for any serious
Answer: Probation shall be denied when: violation of the conditions of probation. The
1. the offender is in need of correctional probationer, once arrested and detained, shall
treatment that can be provided most immediately be brought before the court for a
effectively by his commitment to an hearing of the violation charged. The defendant
institution. may be admitted to bail pending such hearing.
2. there is undue risk that during the In such case, the provisions regarding release
probation, the offender will commit another on bail of persons charged with a crime shall be
crime. applicable to probationers arrested under this
3. probation will deprecate the seriousness of provision.
the offense committed.
In the hearing, which shall be summary in
Question: What if the offender violates nature, the probationer shall have the right to
the conditions of his probation? be informed of the violation charged and to
Answer: S/He shall serve the penalty imposed adduce evidence in his favor. The court shall
for the offense under which s/he was placed on not be bound by the technical rules of evidence
probation. but may inform itself of all the facts which are
material and relevant to ascertain the veracity
Question: How long may a convict be of the charge. The State shall be represented
placed on probation? Answer: by a prosecuting officer in any contested
1. if the convict is sentence to imprisonment hearing. If the violation is established, the court
of not more than one year, probation shall may revoke or continue his probation and
not exceed two years modify the conditions thereof. If revoked, the
2. if s/he sentenced to more than one year, court shall order the probationer to serve the
probation shall not exceed six years. sentence originally imposed. An order revoking
3. if the sentence is only a fine (offender in the grant of probation or modifying the terms
this case is made to suffer subsidiary and conditions thereof shall not be appealable.
imprisonment), probation Shall be not less
than nor more than twice the total days of Suspension in case of Insanity or Minority
subsidiary imprisonment. Insani
ty
Question: Does the probation law apply to Art. 79. Suspension of the execution and
Drug Traffickers and Pushers? service of the penalties in case of insanity.
Answer: NO When a convict shall become insane or an
imbecile after final sentence has been
Section 24 of RA 9165 (The Comprehensive pronounced,
Dangerous Drugs Act) states that:
the execution of said sentence shall be
Section 24. Non-Applicability of the suspended only with regard to the personal
Probation Law for Drug Traffickers and penalty, the provisions of the second
Pushers. – Any person convicted for drug paragraph of circumstance number 1 of Article
trafficking or pushing under this Act, regardless 12 being observed in the corresponding cases.
of the penalty imposed by the Court, cannot
avail of the privilege granted by the Probation If at any time the convict shall recover his
Law or Presidential Decree No. 968, as reason,
amended.
his sentence shall be executed, unless the
Lagrosa vs. People (2003): A person who penalty shall have prescribed in accordance
appeals his conviction for purposes of reducing with the provisions of this Code.
the penalty to that which is within the The respective provisions of this section shall
probationable limit may still apply for also be observed if the insanity or imbecility
probation. occurs while the convict is serving his
sentence.
(ASKED 16 TIMES IN THE BAR EXAMS)
Only execution of personal penalty is
suspended: civil liability may be executed
even in case of insanity of convict.
 CRIMINAL LAW REVIEWER

141
pushers – Any person convicted for drug
An accused may become insane: trafficking or pushing under this Act, regardless
1) at the time of commission of the crime of the penalty imposed by the Court, cannot
• exempt from criminal liability avail of the privilege granted by the Probation
2) at the time of the trial Law or PD 968, as amended.
• court shall suspend hearings and order
his confinement in a hospital until he ii. Juvenile Justice and Welfare Act of 2006
recovers his reason (R.A. 9344); also refer to Child and Youth
3) at the time of final judgment or while Welfare Code
serving sentence (P.D. 603, as amended)

execution suspended with regard to the (a) Definition of child in conflict

personal with the law (Sec. 4, RA 9344)
penalty only
Child in conflict with the law – a child who is
Minority alleged as, accused of, or adjudged as, having
Please refer to succeeding subsection on RA committed an offense under Philippine laws
9344 and PD 603
Child – a person under 18 years
h. Termination of probation;
exception
(b) Exemption from criminal
liability
i. The Comprehensive Dangerous Drugs
1. Child 15 years of age or under at the time
Act of
of the commission of the offense = EXEMPT
2002 (R.A. 9165)
from
criminal liability
Sec. 16. Termination of probation – After
• However, the child shall be subjected to
the period of probation and upon consideration
an intervention program (per Sec. 20 of
of the report and recommendation of the
RA 9344)
probation officer, the court may order the final
2. Child above 15 years but below 18 years of
discharge of the probationer upon finding that
age (15 ≤ Age of child at time of
he has fulfilled the terms and conditions of his
commission of offense ≤ 18) = EXEMPT
probation and thereupon, the case is deemed
from criminal liability and subjected to
terminated.
intervention program
The final discharge of the probationer shall • UNLESS the child acted with
operate to restore to him all civil rights lost or discernment, in which case, such child
suspended as a result of his conviction and to shall be subjected to the appropriate
fully discharge his liability for any fine imposed proceedings in accordance with RA
as to the offense for which probation was 9344
granted.
Exemption from criminal liability herein
established does not include exemption from
The probationer and the probation officer shall
civil liability, which shall be enforced in
each be furnished with a copy of such order.
accordance with existing laws. (Sec. 6, RA
9344)
The expiration of the probation period alone
does not automatically terminate probation.
RA 9344 compared to PD 603
Probation is not coterminous with its period.
1. Minimum age of criminal responsibility
There must first be issued by the court, an
order of final discharge based on the report and
PD 603
recommendation of the probation officer. Only
Sec. 189. EXEMPT from criminal liability:
from such issuance can the case of the
probationer be deemed terminated. (Bala v. • Child 9 years of age or under at time of
Martinez, supra) commission of offense
• 9 ≤ Age of child at time of commission of
EXCEPTION offense
The Comprehensive Dangerous Drugs Act ≤ 15 (UNLESS s/he acted with discernment
of 2002 (R.A. 9165)
RA 9165, Sec. 24. Non-applicability of the RA 9344
Probation Law for drug traffickers and
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142
Child under 15 years of age shall be exempt on the court to approve the application.
from criminal liability, regardless of whether or The order of the court denying an
not s/he acted with discernment application for suspension of sentence shall
not be appealable.
2. Discernment
RA 9344
PD 603 (Secs. 189 & 192) Suspension of sentence is automatic
Child over 9 years and under 15 years of age
who acted w/ discernment – court shall (c) Juvenile justice and welfare
determine imposable penalty, including any system
civil liability chargeable against him. RA 9344, Sec. 4(m). ―Juvenile Justice and
Welfare System‖ refers to a system dealing
However, instead of pronouncing judgment of with children at risk and children in conflict with
conviction, the court, upon application of the the law, which provides child-appropriate
youthful offender and if it finds that the best proceedings, including programs and services
interest of the public as well as that of the for prevention, diversion, rehabilitation, re-
offender will be served thereby, may suspend integration and aftercare to ensure their normal
all further proceedings and shall commit such growth and development.
minor to the custody or care of the DSWD or to
any training institution operated by the NOTE: Please refer to Title V of RA 9344
government, or duly licensed agencies or any for the pertinent provisions. (Sections on:
other responsible person, until he shall have 1. Initial contact with the child
reached 21 years of age or, for a shorter period 2. Diversion
as the court may deem proper.
3. Prosecution
4. Court proceedings
RA 9344
5. Confidentiality of records and proceedings)
Child above 15 years but below 18 years of age
who acted with discernment shall be subjected
to the appropriate proceedings in accordance Diversion
with the Act. RA 9344, Sec. 4(j). ―Diversion‖ refers to an
alternative, child-appropriate process of
3. Suspension of sentence determining the responsibility and treatment of
a child in conflict with the law on the basis of
his/her social, cultural, economic,
PD 603 (Sec. 193)
psychological, or educational background
No automatic suspension of sentence.
without resulting to formal court proceedings.
 The youthful offender should apply for a
suspended sentence and it is discretionary
 CRIMINAL LAW REVIEWER
―Diversion Program‖ refers to the program appropriate, adopt indigenous modes of
that the child in conflict with the law is required conflict resolution in accordance with the best
to undergo after he/she is found responsible for interest of the child with a view to
accomplishing the objectives of restorative
an offense without resorting to formal court
proceedings.
justice and the formulation of a diversion 143
program. The child and his/her family shall be
present in these activities.
SEC. 18. Development of a
Comprehensive Juvenile Intervention
Program. - A Comprehensive juvenile (b) In victimless crimes where the
intervention program covering at least a 3year imposable penalty is not more than six (6)
period shall be instituted in LGUs from the years imprisonment, the local social welfare
barangay to the provincial level. and development officer shall meet with the
child and his/her parents or guardians for the
development of the appropriate diversion and
The LGUs shall set aside an amount necessary
rehabilitation program, in coordination with
to implement their respective juvenile
the
intervention programs in their annual budget.
BCPC;
The LGUs, in coordination with the LCPC, shall
(c) Where the imposable penalty for the
call on all sectors concerned, particularly the
crime committed exceeds six (6) years
childfocused institutions, NGOs, people's
imprisonment, diversion measures may be
organizations, educational institutions and
Art. 29. Period
resorted to only of
bypreventive
the court. imprisonment
government agencies involved in delinquency deducted from term of imprisonment.
prevention to participate in the planning Offenders who have undergone preventive
process and implementation of juvenile imprisonment shall be credited in the service of
intervention programs. Such programs shall be their sentence consisting of deprivation of
implemented consistent with the national liberty, with the full time during which they
program formulated and designed by the JJWC. have undergone preventive imprisonment, if
The implementation of the comprehensive the detention prisoner agrees voluntarily in
juvenile intervention program shall be reviewed writing to abide by the same disciplinary rules
and assessed annually by the LGUs in imposed upon convicted prisoners, except in
coordination with the LCPC. Results of the the following cases:
assessment
SEC. shall be submitted
19. Community-based by the
Programs on
Juvenile a. When they are recidivists or have been
provincial Justice
and city and [Link]- the
governments Community-
JJWC not
based programs convicted previously twice or more times of
later than March on
30 juvenile
of every justice
year. and welfare
shall be instituted by the LGUs through the any crime; and
LCPC, school, youth organizations and other b. When upon being summoned for the
concerned agencies. The LGUs shall provide execution of their sentence they have failed to
community-based services which respond to surrender voluntarily.
the special needs, problems, interests and
concerns of children and which offer If the detention prisoner does not agree to
appropriate counseling and guidance to them abide by the same disciplinary rules imposed
and their families. These programs shall consist upon convicted prisoners, he shall be credited
of three levels: in the service of his sentence with four-fifths of
the time during which he has undergone
(a) Primary intervention includes general preventive imprisonment. (As amended by
measures to promote social justice and Republic Act 6127, June 17, 1970).
equal opportunity, which tackle perceived
root causes of offending; Whenever an accused has undergone preventive
(b) Secondary intervention includes measures imprisonment
to • for a period equal to or more than the
assist children at risk; and possible maximum imprisonment of the
(c) Tertiary intervention includes measures to offense charged
avoid unnecessary contact with the formal to which he may be sentenced
[Link]
23. System
system ofandDiversion. - Children to
other measures in • and his case is not yet terminated,
conflict withreoffending.
prevent the law shall undergo diversion
programs without undergoing court he shall be released immediately without
proceedings subject to the conditions herein prejudice to the continuation of the trial thereof
provided: or the proceeding on appeal, if the same is
under review.
(a) Where the imposable penalty for the crime
committee is not more than six (6) years In case the maximum penalty to which the
imprisonment, the law enforcement officer or accused may be sentenced is destierro, he
Punong Barangay with the assistance of the shall be released after thirty (30) days of
local social welfare and development officer or preventive imprisonment.
(As amended by E.O. No. 214, July 10, 1988).
other members of the LCPC shall conduct
mediation, family conferencing and conciliation Intervention program
and, where
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Distinguished from Preventive Imprisonment

System of diversion (Sec. 23, RA 9344)

The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if
bailable, he cannot furnish the required bail.

The convict is to be released immediately if the 2. By prescription of penalty

penalty imposed after trial is less than the full 3. By the death of the convict
time or four-fifths of the time of the preventive 4. By Service of sentence
imprisonment. 5. By Amnesty
6. By Absolute Pardon
The accused shall be released immediately 7. By the marriage of the offended woman
whenever he has undergone preventive and the offender in the crimes of rape,
imprisonment for a period equal to or more abduction,
than the possible maximum imprisonment for seduction and acts of lasciviousness. (Art.
the offense charged. 344)

B. PARTIAL EXTINGUISHMENT
1. By Conditional Pardon
CHAPTER VI. 2. By Commutation of sentence
MODIFICATION AND 3. For good conduct, allowances which the
culprit may earn while he is serving
EXTINCTION OF CRIMINAL sentence
LIABILITY 4. By Parole
5. By Probation
(ASKED 7 TIMES IN THE BAR EXAMS)
Important: The Supreme Court ruled that re-
election to public office is not one of the
This section enumerates and explains the ways
grounds by which criminal liability is
in which criminal liability is extinguished. ONLY
extinguished. This is only true in
PRESCRIPTION OF CRIMES, PRESCRIPTION
administrative cases but not in criminal cases.
OF PENALTIES, PARDON BY OFFENDED
PARTY, PARDON BY THE CHIEF EXECUTIVE
AND AMNESTY SHALL BE DISCUSSED IN A. Prescription of crimes (Art.
DETAIL, FOLLOWING THE SC OUTLINE. 90)
Two kinds of extinguishment of criminal
liability:
(ASKED 4 TIMES IN THE BAR EXAMS)
A. TOTAL
EXTINGUISHMENT 1. By
prescription of crime
 CRIMINAL LAW REVIEWER

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Definition: The forfeiture or loss of the right of Note: Subsidiary
the State to prosecute the offender, after the penalty for
lapse of a certain period of time. nonpayment not
considered in
General Rule: Prescription of the crime begins determining the period
on the day the crime was committed. Note: When fine is an
alternative penalty
Exception: The crime was concealed, not higher than the other
public, in which case, the prescription thereof penalty which is by
would only commence from the time the imprisonment,
offended party or the government learns prescription of the
of the commission of the crime. crime is based on the
fine.
Difference between Prescription of Crime
and Prescriptive periods under special laws
Prescription of the Penalty and municipal ordinances (Act 3763,
Prescription of Prescription of amending Act
crime the penalty 3326)
Forfeiture of the Forfeiture to Offenses punished only by fine or
State to prosecute execute the final imprisonment for not more than 1 year
after a lapse of a sentence after the one month or both
certain time lapse of a certain Imprisonment for more than one
4 years
time month, but less than two years
Imprisonment for two years but
8 years
less than six years
Question: What happens when the last day of Imprisonment for six years or 12
the prescriptive period falls on a Sunday or more years
legal holiday? Answer: The information can no
Offenses under Internal Revenue 5 years
longer be filed on the next day as the crime
Law
has already prescribed.
Violations of municipal ordinances 2
Prescriptive Periods of Crimes months
(ASKED 4 TIMES IN THE BAR EXAMS) Violations of the regulations or
1) Crimes punishable by conditions of certificate of 2
death, reclusion perpetua 20 years convenience by the Public Service months
or reclusion temporal Commission
2) Afflictive penalties 15 years
3) 10 years *Not applicable where the special law provides
for its own prescriptive period
Correctional penalties 5 years
Note: Those punishable by Computation of Prescription of Offenses
arresto mayor The (Art. 91) 1) Commences to run from the day
highest on which the crime is discovered by the
Note: When the penalty penalty offended party, the authorities or their agents.
shall be
fixed law is a compound one 2) Interrupted by the filing of complaint or
made a
information
basis
3) It shall commence to run again when such
4) Libel 1 year proceedings terminate without the
5) Oral defamation and slander accused being convicted or acquitted, or
6 months
by deed unjustifiably stopped for any reason not
6) Simple slander 2 months imputable to the accused.
7) Grave slander 6 months Note: Termination must be FINAL as to
amount to a jeopardy that would bar a
8) Light offenses 2 months
subsequent prosecution.
9) Crimes punishable by 4) The term of prescription shall not run
fines when the offender is absent from the
a) Fine is afflictive 15 years Philippine archipelago.
b) Fine is correctional 10 years 5) For continuing crimes, prescriptive period
c) Fine is light 2 months cannot begin to run because the crime
does not end.
 CRIMINAL LAW REVIEWER

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Question: What is the effect of the acceptance
of the convict of a conditional pardon?
B. Prescription of penalties Answer: It would interrupt the acceptance of
(Art. the prescriptive period.
92)
Question: What happens if the culprit is
captured but he evades again the service of
his sentence? Answer: The period of
(ASKED 4 TIMES IN THE BAR EXAMS) prescription that ran during the evasion is not
forfeited. The period of prescription that has
Definition: The loss or forfeiture of the right of run in his favor should be taken into account.
the government to execute the final sentence
after the lapse of a certain period of time. NOTE: THE RPC PROVISIONS ON CIVIL
LIABILITY IS NOT INCLUDED IN THE SC
Prescriptive Periods of Penalties OUTLINE.
Death and reclusion perpetua 20 years
Other afflictive penalties 15 years
C. Pardon by the offended
Correctional penalties 10 years
Note: If arresto
party
5 years
mayor Art. 23. Effect of pardon by the offended
Light penalties 1 year party. — A pardon of the offended party does
not extinguish criminal action except as
provided in Article 344 of this Code; but civil
Computation of Prescription of Penalties
liability with regard to the interest of the
(Art. 93)
injured party is extinguished by his express
waiver.
Elements:
1. Penalty is imposed by final judgment
This article states the extent of a pardon made
2. Convict evaded service of sentence by
by the offended party. Under this article, a
escaping during the term of his sentence
pardon does not extinguish the criminal liability
3. The convict who has escaped from prison
of an offender except for cases under Article
has not given himself up, or been captured,
344 (Prosecution of the crimes of adultery,
or gone to a foreign country with which we
concubinage, seduction, abduction, rape and
have no extradition treaty, or committed
acts of lasciviousness).
another crime
4. The penalty has prescribed because of the
But the civil liability with regard to the interest
lapse of time from the date of the evasion
of service of the sentence by the convict. of the injured party is extinguished.
D. Pardon by the Chief
Period commences to run from the date when
he
Executive
culprit evaded14 the service of sentence

When interrupted: Absolute Pardon

• Convict gives himself up An act of grace, proceeding from the power
• Is captured entrusted with the execution of the laws.
• Goes to a foreign country with which
we have no extradition treaty Exempts the individual from the penalty of the
• Commits any crime before the crime he has committed.
expiration of the period of prescription
Mon santo v Factoran (1989):
Question: What happens in cases where our 1 . Absolute pardon does not ipso facto
government has extradition treaty with another entitle the convict to reinstatement to the
country but the crime is not included in the public office forfeited by reason of his
treaty? Answer: It would interrupt the running conviction. 2 . Although pardon restores
of the prescriptive period. his eligibility for appointment to that office,
the pardoned convic t must reapply for a
14 "Escape" in legal parlance and for purposes of Articles 93 new appointment.
and 157 of the RPC means unlawful departure of prisoner
from the limits of his custody. Clearly, one who has not been
committed to prison cannot be said to have escaped
therefrom (Del Castillo v. Torrecampo (2002).
 CRIMINAL LAW REVIEWER

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Conditional Pardon offender must pay. liability which the
If delivered and accepted, it is a contract offender must pay.
between the executive and the convict tat the Conditional or Absolute Cannot be conditional
former will release the latter upon compliance Granted only after the Pardon should be
with the condition. One usual condition is ―not conviction. given before the
again violate any of the penal laws of the institution of criminal
country‖.
prosecution.
Effects of Pardon of the President
Art. 36. Pardon; its effects. – A pardon shall E. Amnesty
not work the restoration of the right to hold
public office, or the right of suffrage, unless
such rights be expressly restored by the terms An act of the sovereign power granting oblivion
of the pardon. or general pardon for a past offense.
A pardon shall in no case exempt the
culprit from the payment of civil indemnity Rarely exercised in favor of a single individual;
imposed upon him by the sentence. usually extended in behalf of certain classes of
persons who are subject trial but have not yet
Effects: been convicted.
(1) A pardon shall not restore the right to hold
public office or the right of suffrage. Erases not only the conviction but the crime
Exception: When any or both such rights is itself.
or are expressly restored by the terms of
the pardon. Difference between Amnesty and Absolute
(2) It shall not exempt the culprit from the Pardon
payment of the civil indemnity. The pardon AMNESTY ABSOLUTE PARDON
cannot make an exception to this rule.
Blanket pardon to Includes any crime and
classes of persons, is exercised
Limitations upon the exercise of
guilty of political individually
pardoning power
(1) That the power can be exercised only after offenses
conviction. May still be exercised The person is already
a. Thus in applying for pardon, the before trial or convicted
convict must not appeal the investigation
judgment of conviction or the Looks backward- it is Looks forward- he is
appeal must be abandoned. as if he has relieved from the
(2) That such power does not extend to cases committed no offense consequences of the
of impeachment. (Cristobal v. Labrador). offense, but rights not
restored unless
Pardon by the Chief Pardon by the explicitly provided by
Executive offended party the terms of the
Extinguishes the Does not extinguish pardon
criminal liability of the criminal liability. Both do not extinguish civil liability
offender. Although it may Public act which the Private act of the
constitute a bar to the court shall take President and must be
prosecution of the: (1) judicial notice of pleaded and proved
crimes of seduction, by the person
abduction and acts of pardoned
lasciviousness by the Valid only when there Valid if given either
valid marriage of the is final judgment before or after final
offended party and judgment
the offender; and (2)
in adultery and
concubinage, by the
express or implied The effects of amnesty as well as absolute
pardon by the pardon are not the same. Amnesty erases not
offended spouse. only the conviction but also the crime itself.
Cannot include civil The offended party
liabilities which the can waive the civil
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If an offender was convicted for rebellion and
he qualified for amnesty, and so he was given
an amnesty, then years later he rebelled again
and convicted, is he a recidivist?

No. Because the amnesty granted to him

erased not only the conviction but also the
effects of the conviction itself.

Suppose, instead of amnesty, what was given

was absolute pardon, then years later, the
offended was again captured and charged for
rebellion, he was convicted, is he a recidivist?

Yes. Pardon, although absolute does not erase

the effects of conviction. Pardon only excuses
the convict from serving the sentence. There is
an exception to this and that is when the
pardon was granted when the convict had
already served the sentence such that there is
no more service of sentence to be executed
then the pardon shall be understood as
intended to erase the effects of the conviction.

So if the convict has already served the

sentence and in spite of that he was given a
pardon that pardon will cover the effects of the
crime and therefore, if he will be subsequently
convicted for a felony embracing the same title
as that crime, he cannot be considered a
recidivist, because the pardon wipes out the
effects of the crime.

But if he was serving sentence when he was

pardoned, that pardon will not wipe out the
effects of the crime, unless the language of the
pardon absolutely relieve the offender of all the
effects thereof. Considering that recidivism
does not prescribe, no matter how long ago
was the first conviction, he shall still be a
recidivist.
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Republic Act No. 9344 and special protection from all forms of
neglect, abuse, cruelty and
exploitation, and other conditions
prejudicial to their development. (d)
AN ACT ESTABLISHING A COMPREHENSIVE Pursuant to Article 40 of the United
JUVENILE JUSTICE AND WELFARE SYSTEM, Nations Convention on the Rights of
CREATING THE JUVENILE JUSTICE AND the Child, the State recognizes the
WELFARE right of every child alleged as, accused
COUNCIL UNDER THE DEPARTMENT OF of, adjudged, or recognized as having
JUSTICE, infringed the penal law to be treated in
APPROPRIATING FUNDS THEREFOR AND a manner consistent with the
FOR promotion of the child's sense of
OTHER PURPOSES dignity and worth, taking into account
the child's age and desirability of
Be it enacted by the Senate and House of promoting his/her reintegration.
Representatives of the Philippines in Congress Whenever appropriate and desirable,
assembled: the State shall adopt measures for
dealing with such children without
TITLE I resorting to judicial proceedings,
GOVERNING PRINCIPLES providing that human rights and legal
safeguards are fully respected. It shall
ensure that children are dealt with in a
CHAPTER 1
manner appropriate to their well-being
TITLE, POLICY AND DEFINITION OF TERMS
by providing for, among others, a
variety of disposition measures such
Section 1. Short Title and Scope. - This Act as care, guidance and supervision
shall be known as the "Juvenile Justice and orders, counseling, probation, foster
Welfare Act of 2006." It shall cover the care, education and vocational training
different stages involving children at risk and programs and other alternatives to
children in conflict with the law from prevention institutional care.
to rehabilitation and reintegration. (e) The administration of the
juvenile justice and welfare system
SEC. 2. Declaration of State Policy. - The shall take into consideration the
following State policies shall be observed at all cultural and religious perspectives of
times: the Filipino people, particularly the
(a) The State recognizes the vital role indigenous peoples and the Muslims,
of children and youth in nation building consistent with the protection of the
and shall promote and protect their rights of children belonging to these
physical, moral, spiritual, intellectual communities.
and social well-being. It shall inculcate (f) The State shall apply the
in the youth patriotism and principles of restorative justice in all its
nationalism, and encourage their laws, policies and programs applicable
involvement in public and civic affairs. to children in conflict with the law.
(b) The State shall protect the best
interests of the child through measures SEC. 3. Liberal Construction of this Act. -
that will ensure the observance of In case of doubt, the interpretation of any of
international standards of child the provisions of this Act, including its
protection, especially those to which implementing rules and regulations (IRRs),
the Philippines is a party. Proceedings shall be construed liberally in favor of the child
before any authority shall be in conflict with the law.
conducted in the best interest of the
child and in a manner which allows the
SEC. 4. Definition of Terms. - The following
child to participate and to express
terms as used in this Act shall be defined as
himself/herself freely. The participation
follows:
of children in the program and policy
(a) "Bail" refers to the security
formulation and implementation
given for the release of the person in
related to juvenile justice and welfare
custody of the law, furnished by
shall be ensured by the concerned
him/her or a bondsman, to guarantee
government agency.
his/her appearance before any court.
(c) The State likewise recognizes the
Bail may be given in the form of
right of children to assistance,
including proper care and nutrition,
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corporate security, property bond, cash (h) "Deprivation of Liberty" refers
deposit, or recognizance. to any form of detention or
(b) "Best Interest of the Child" imprisonment, or to the placement of a
refers to the totality of the child in conflict with the law in a public
circumstances and conditions which are or private custodial setting, from which
most congenial to the survival, the child in conflict with the law is not
protection and feelings of security of permitted to leave at will by order of
the child and most encouraging to the any judicial or administrative authority.
child's physical, psychological and (i) "Diversion" refers to an
emotional development. It also means alternative, child-appropriate process
the least detrimental available of determining the responsibility and
alternative for safeguarding the growth treatment of a child in conflict with the
and development of the child. law on the basis of his/her social,
(e) "Child" refers to a person under the cultural, economic, psychological or
age of eighteen (18) years. educational background without
(d) "Child at Risk" refers to a child who resorting to formal court proceedings.
is vulnerable to and at the risk of (j) "Diversion Program" refers to
committing criminal offenses because the program that the child in conflict
of personal, family and social with the law is required to undergo
circumstances, such as, but not limited after he/she is found responsible for an
to, the following: (1) being abused by offense without resorting to formal
any person through sexual, court proceedings. (k) "Initial Contact
physical, psychological, mental, With-the Child" refers to the
economic or any other means and the apprehension or taking into custody of
parents or guardian refuse, are a child in conflict with the law by law
unwilling, or unable to provide enforcement officers or private
protection for the child; citizens. It includes the time when the
(2) being exploited including child alleged to be in conflict with the
sexually or economically; (3) law receives a subpoena under Section
being abandoned or neglected, 3(b) of Rule 112 of the Revised Rules
and after diligent search and of Criminal Procedure or summons
inquiry, the parent or guardian under Section 6(a) or Section 9(b) of
cannot be found; the same Rule in cases that do not
(4) coming from a require preliminary investigation or
dysfunctional or broken family where there is no necessity to place
or without a parent or the child alleged to be in conflict with
guardian; (5) being out of the law under immediate custody.
school; (I) "Intervention" refers to a series of activities
(6) being a streetchild; which are designed to address issues that
(7) being a member of a gang; caused the child to commit an offense. It may
(8) living in a community take the form of an individualized treatment
with a high level of program which may include counseling, skills
criminality or drug abuse; training, education, and other activities that
and will enhance his/her psychological, emotional
(9) living in situations of armed and psycho-social well-being.
conflict. (m) "Juvenile Justice and Welfare System"
(e) "Child in Conflict with the Law" refers to a system dealing with children at risk
refers to a child who is alleged as, and children in conflict with the law, which
accused of, or adjudged as, having provides child-appropriate proceedings,
committed an offense under Philippine including programs and services for prevention,
laws. diversion, rehabilitation, re-integration and
(f) "Community-based Programs" aftercare to ensure their normal growth and
refers to the programs provided in a development.
community setting developed for (n) "Law Enforcement Officer" refers to the
purposes of intervention and diversion, person in authority or his/her agent as defined
as well as rehabilitation of the child in in Article 152 of the Revised Penal
conflict with the law, for reintegration Code, including a barangay tanod.
into his/her family and/or community. (0) "Offense" refers to any act or omission
(g) "Court" refers to a family court whether punishable under special laws or the
or, in places where there are no family Revised Penal Code, as amended. (p)
courts, any regional trial court. "Recognizance" refers to an undertaking in lieu
of a bond assumed by a parent or custodian
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who shall be responsible for the appearance in imprisonment, without the possibility
court of the child in conflict with the law, when of release; (c) the right not to be
required. deprived, unlawfully or arbitrarily, of
(q) "Restorative Justice" refers to a principle his/her liberty; detention or
which requires a process of resolving conflicts imprisonment being a disposition of
with the maximum involvement of the victim, last resort, and which shall be for the
the offender and the community. It seeks to shortest appropriate period of time;
obtain reparation for the victim; reconciliation (d) the right to be treated with
of the offender, the offended and the humanity and respect, for the inherent
community; and reassurance to the offender dignity of the person, and in a manner
that he/she can be reintegrated into society. It which takes into account the needs of
also enhances public safety by activating the a person of his/her age. In particular, a
offender, the victim and the community in child deprived of liberty shall be
prevention strategies. (r) "Status Offenses" separated from adult offenders at all
refers to offenses which discriminate only times. No child shall be detained
against a child, while an adult does not suffer together with adult offenders. He/She
any penalty for committing similar acts. These shall be conveyed separately to or
shall include curfew violations; truancy, from court. He/She shall await hearing
parental disobedience and the like. (s) "Youth of his/her own case in a separate
Detention Home" refers to a 24hour child- holding area. A child in conflict with
caring institution managed by accredited local the law shall have the right to maintain
government units (LGUs) and licensed and/or contact with his/her family through
accredited nongovernment organizations correspondence and visits, save in
(NGOs) providing short-term residential care for exceptional circumstances; (e) the
children in conflict with the law who are right to prompt access to legal and
awaiting court disposition of their cases or other appropriate assistance, as well
transfer to other agencies or jurisdiction. (t) as the right to challenge the legality of
"Youth Rehabilitation Center" refers to a 24- the deprivation of his/her liberty before
hour residential care facility managed by the a court or other competent,
Department of Social Welfare and Development independent and impartial authority,
(DSWD), LGUs, licensed and/or accredited and to a prompt decision on such
NGOs monitored by the DSWD, which provides action; (f) the right to bail and
care, treatment and rehabilitation services for recognizance, in appropriate cases;
children in conflict with the law. Rehabilitation (g) the right to testify as a witness
services are provided under the guidance of a in hid/her own behalf under the rule on
trained staff where residents are cared for examination of a child witness;
under a structured therapeutic environment (h) the right to have his/her
with the end view of reintegrating them into privacy respected fully at all stages of
their families and communities as socially the proceedings;
functioning individuals. Physical mobility of (i) the right to diversion if he/she
residents of said centers may be restricted is qualified and voluntarily avails of the
pending court disposition of the charges same; (j) the right to be imposed a
against them. judgment in proportion to the gravity
(u) "Victimless Crimes" refers to of the offense where his/her best
offenses where there is no private interest, the rights of the victim and
offended party. the needs of society are all taken into
consideration by the court, under the
CHAPTER 2 principle of restorative justice; (k) the
PRINCIPLES IN THE ADMINISTRATION OF right to have restrictions on his/her
JUVENILE personal liberty limited to the
JUSTICE AND WELFARE minimum, and where discretion is
given by law to the judge to determine
SEC. 5. Rights of the Child in Conflict with whether to impose fine or
the Law. - Every child in conflict with the law imprisonment, the imposition of fine
shall have the following rights, including but being preferred as the more
not limited to: appropriate penalty;
(a) the right not to be subjected to (I) in general, the right to automatic
torture or other cruel, inhuman or suspension of sentence;
degrading treatment or punishment; (m) the right to probation as an
(b) the right not to be imposed a alternative to imprisonment, if qualified
sentence of capital punishment or life under the Probation Law;
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(n) the right to be free from liability court where the case is pending. Pending
for perjury, concealment or hearing on the said motion, proceedings on the
misrepresentation; and main case shall be suspended. In all
(o) other rights as provided for proceedings, law enforcement officers,
under existing laws, rules and prosecutors, judges and other government
regulations. officials concerned shall exert all efforts at
The State further adopts the provisions of the determining the age of the child in conflict with
United the law.
Nations Standard Minimum Rules for the
Administration of Juvenile Justice or "Beijing TITLE II
Rules", United Nations Guidelines for the STRUCTURES IN THE ADMINISTRATION OF
Prevention of Juvenile Delinquency or the JUVENILE
"Riyadh Guidelines", and the United Nations JUSTICE AND WELFARE
Rules for the Protection of Juveniles Deprived of
Liberty. SEC. 8. Juvenile Justice and Welfare
Council (JJWC). - A Juvenile Justice and
SEC. 6. Minimum Age of Criminal Welfare Council (JJWC) is hereby created and
Responsibility. - A child fifteen (15) years of attached to the Department of Justice and
age or under at the time of the commission of placed under its administrative supervision.
the offense shall be exempt from criminal The JJWC shall be chaired by an undersecretary
liability. However, the child shall be subjected of the Department of Social Welfare and
to an intervention program pursuant to Section Development. It shall ensure the effective
20 of this Act. implementation of this Act and coordination
A child above fifteen (15) years but below among the following agencies:
eighteen (18) years of age shall likewise be (a) Council for the Welfare of Children
exempt from criminal liability and be subjected (CWC);
to an intervention program, unless he/she has (b) Department of Education (DepEd);
acted with discernment, in which case, such (c) Department of the Interior and
child shall be subjected to the appropriate Local
proceedings in accordance with this Act. The Government (DILG);
exemption from criminal liability herein (d) Public Attorney's Office (PAO);
established does not include exemption from (e) Bureau of Corrections (BUCOR);
civil liability, which shall be enforced in (f) Parole and Probation
accordance with existing laws. Administration
(PPA)
SEC. 7. Determination ofAge. - The child in (g) National Bureau of Investigation
conflict with the law shall enjoy the (NBI); (h) Philippine National Police
presumption of minority. He/She shall enjoy all (PNP);.
the rights of a child in conflict with the law until (i) Bureau of Jail Management and
he/she is proven to be eighteen (18) years old Penology
or older. The age of a child may be determined (BJMP);
from the child's birth certificate, baptismal (i) Commission on Human Rights
certificate or any other pertinent documents. In (CHR);
the absence of these documents, age may be (k) Technical Education and
based on information from the child Skills
himself/herself, testimonies of other persons, Development Authority (TESDA);
the physical appearance of the child and other (l) National Youth Commission
relevant evidence. In case of doubt as to the (NYC); and (m) Other institutions
age of the child, it shall be resolved in his/her focused on juvenile justice and
favor. intervention programs.
Any person contesting the age of the child in
conflict with the law prior to the filing of the
The JJWC shall be composed of representatives,
information in any appropriate court may file a
whose ranks shall not be lower than director, to
case in a summary proceeding for the
be designated by the concerned heads of the
determination of age before the Family Court
following departments or agencies:
which shall decide the case within twenty-four
(a) Department of Justice (DOJ);
(24) hours from receipt of the appropriate
(b) Department of Social Welfare and
pleadings of all interested parties.
Development (DSWD);
If a case has been fiied against the child in
(c) Council for the Welfare of Children
conflict with the law and is pending in the
(CWC)
appropriate court, the person shall file a motion
(d) Department of Education (DepEd);
to determine the age of the child in the same
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(e) Department of the Interior and the treatment and rehabilitation of the
Local children in conflict with the law;
Government (DILG) (g) To collect relevant information
(f) Commission on Human Rights and conduct continuing research and
(CHR); support evaluations and studies on all
(g) National Youth Commission (NYC); matters relating to juvenile justice and
and (h) Two (2) representatives welfare, such as but not limited to: (1)
from NGOs, one to be designated the performance and results achieved
by the Secretary of Justice and the by juvenile intervention programs and
other to be designated by the by activities of the local government
Secretary of Social Welfare and units and other government agencies;
Development. (2) the periodic trends,
problems and causes of
The JJWC shall convene within fifteen (15) days juvenile delinquency and
from the effectivity of this Act. The Secretary of crimes; and
Justice and the Secretary of Social Welfare and (3) the particular needs of
Development shall determine the children in conflict with the law
organizational structure and staffing pattern of in custody.
the JJWC. The data gathered shall be used by the
JJWC in the improvement of the
The JJWC shall coordinate with the Office of the administration of juvenile justice and
Court Administrator and the Philippine Judicial welfare system.
Academy to ensure the realization of its The JJWC shall set up a mechanism to
mandate and the proper discharge of its duties ensure that children are involved in
and functions, as herein provided. research and policy development. (h)
Through duly designated persons and
SEC. 9. Duties and Functions of the JJWC. - with the assistance of the agencies
The JJWC shall have the following duties and provided in the preceding section, to
functions: conduct regular inspections in
(a) To oversee the implementation detention and rehabilitation facilities
of this Act; and to undertake spot inspections on
(b) To advise the President on all their own initiative in order to check
matters and policies relating to juvenile compliance with the standards
justice and welfare; provided herein and to make the
(c) To assist the concerned necessary
agencies in the review and redrafting of recommendations to appropriate
existing policies/regulations or in the agencies; (i) To initiate and coordinate
formulation of new ones in line with the the conduct of trainings for the
provisions of this Act; personnel of the agencies involved in
(d) To periodically develop a the administration of the juvenile
comprehensive 3 to 5-year national justice and welfare system and the
juvenile intervention program, with the juvenile intervention program;
participation of government agencies (j) To submit an annual report to
concerned, NGOs and youth the President on the implementation of
organizations; this Act; and
(e) To coordinate the (k) To perform such other functions
implementation of the juvenile as may be necessary to implement the
intervention programs and activities by provisions of this Act.
national government agencies and
other activities which may have an SEC. 10. Policies and Procedures on
important bearing on the success of Juvenile Justice and Welfare. - All
the entire national juvenile intervention government agencies enumerated in Section 8
program. All programs relating to shall, with the assistance of the JJWC and within
juvenile justice and welfare shall be one (1) year from the effectivity of this Act,
adopted in consultation with the JJWC; draft policies and procedures consistent with
(f) To formulate and recommend the standards set in the law. These policies and
policies and strategies in consultation procedures shall be modified accordingly in
with children for the prevention of consultation with the JJWC upon the completion
juvenile delinquency and the of the national juvenile intervention program as
administration of justice, as well as for provided under Section 9 (d).
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SEC. 11. Child Rights Center (CRC). - The SEC. 15. Establishment and Strengthening
existing Child Rights Center of the Commission of Local Councils for the Protection of
on Human Rights shall ensure that the status, Children. - Local Councils for the Protection of
rights and interests of children are upheld in Children (LCPC) shall be established in all levels
accordance with the Constitution and of local government, and where they have
international instruments on human rights. The already been established, they shall be
CHR shall strengthen the monitoring of strengthened within one (1) year from the
government compliance of all treaty effectivity of this Act. Membership in the LCPC
obligations, including the timely and regular shall be chosen from among the responsible
submission of reports before the treaty bodies, members of the community, including a
as well as the implementation and representative from the youth sector, as well as
dissemination of recommendations and representatives from government and private
conclusions by government agencies as well as agencies concerned with the welfare of
NGOs and civil society. children.
The local council shall serve as the primary
TITLE III agency to coordinate with and assist the LGU
PREVENTION OF JUVENILE concerned for the adoption of a comprehensive
DELINQUENCY CHAPTER plan on delinquency prevention, and to oversee
1 its proper implementation.
THE ROLE OF THE DIFFERENT SECTORS One percent (1%) of the internal revenue
allotment of barangays, municipalities and
SEC. 12. The Family. - The family shall be cities shall be allocated for the strengthening
responsible for the primary nurturing and and implementation of the programs of the
rearing of children which is critical in LCPC: Provided, That the disbursement of the
delinquency prevention. As far as practicable fund shall be made by the LGU concerned.
and in accordance with the procedures of this
Act, a child in conflict with the law shall be SEC. 16. Appointment of Local Social
maintained in his/her family. Welfare and Development Officer. - All
LGUs shall appoint a duly licensed social
SEC. 13. The Educational System. - worker as its local social welfare and
Educational institutions shall work together development officer tasked to assist children in
with families, community organizations and conflict with the law.
agencies in the prevention of juvenile
delinquency and in the rehabilitation and SEC. 17. The Sangguniang Kabataan. - The
reintegration of child in conflict with the law. Sangguniang Kabataan (SK) shall coordinate
Schools shall provide adequate, necessary and with the LCPC in the formulation and
individualized educational schemes for children implementation of juvenile intervention and
manifesting difficult behavior and children in diversion programs in the community.
conflict with the law. In cases where children in
conflict with the law are taken into custody or CHAPTER 2
detained in rehabilitation centers, they should COMPREHENSIVE JUVENILE INTERVENTION
be provided the opportunity to continue PROGRAM
learning under an alternative learning system
with basic literacy program or non- formal SEC. 18. Development of a
education accreditation equivalency system. Comprehensive Juvenile Intervention
Program. - A Comprehensive juvenile
SEC. 14. The Role of the Mass Media. - The intervention program covering at least a 3year
mass media shall play an active role in the period shall be instituted in LGUs from the
promotion of child rights, and delinquency barangay to the provincial level.
prevention by relaying consistent messages The LGUs shall set aside an amount necessary
through a balanced approach. Media to implement their respective juvenile
practitioners shall, therefore, have the duty to intervention programs in their annual budget.
maintain the highest critical and professional The LGUs, in coordination with the LCPC, shall
standards in reporting and covering cases of call on all sectors concerned, particularly the
children in conflict with the law. In all publicity childfocused institutions, NGOs, people's
concerning children, the best interest of the organizations, educational institutions and
child should be the primordial and paramount government agencies involved in delinquency
concern. Any undue, inappropriate and prevention to participate in the planning
sensationalized publicity of any case involving process and implementation of juvenile
a child in conflict with the law is hereby intervention programs. Such programs shall be
declared a violation of the child's rights. implemented consistent with the national
program formulated and designed by the JJWC.
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The implementation of the comprehensive Welfare and Development Office to be
juvenile intervention program shall be reviewed abandoned, neglected or abused by his
and assessed annually by the LGUs in parents, or in the event that the parents will
coordination with the LCPC. Results of the not comply with the prevention program, the
assessment shall be submitted by the proper petition for involuntary commitment
provincial and city governments to the JJWC not shall be filed by the DSWD or the Local Social
later than March 30 of every year. Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise ,known
SEC. 19. Community-based Programs on as "The Child and Youth Welfare Code".
Juvenile Justice and Welfare. - Community-
based programs on juvenile justice and welfare TITLE V
shall be instituted by the LGUs through the JUVENILE JUSTICE AND WELFARE SYSTEM
LCPC, school, youth organizations and other CHAPTER I
concerned agencies. The LGUs shall provide INITIAL CONTACT WITH THE CHILD
community-based services which respond to
the special needs, problems, interests and SEC. 21. Procedure for Taking the Child
concerns of children and which offer into Custody. - From the moment a child is
appropriate counseling and guidance to them taken into custody, the law enforcement officer
and their families. These programs shall consist shall:
of three levels: (a) Explain to the child in simple
(a) Primary intervention includes language and in a dialect that he/she
general measures to promote social can understand why he/she is being
justice and equal opportunity, which placed under custody and the offense
tackle perceived root causes of that he/she allegedly committed;
offending; (b) Inform the child of the reason
(b) Secondary intervention includes for such custody and advise the child of
measures to assist children at risk; and his/her constitutional rights in a
(c) Tertiary intervention includes language or dialect understood by
measures to avoid unnecessary him/her; (e) Properly identify
contact with the formal justice system himself/herself and present proper
and other measures to prevent re- identification to the child; (d) Refrain
offending. from using vulgar or profane words and
from sexually harassing or abusing, or
TITLE IV making sexual advances on the child in
TREATMENT OF CHILDREN BELOW THE conflict with the law;
AGE OF (e) Avoid displaying or using any
CRIMINAL RESPONSIBILITY firearm, weapon, handcuffs or other
instruments of force or restraint, unless
SEC. 20. Children Below the Age of absolutely necessary and only after all
Criminal Responsibility. - If it has been other methods of control have been
determined that the child taken into custody is exhausted and have failed;
fifteen (15) years old or below, the authority (f) Refrain from subjecting the
which will have an initial contact with the child child in conflict with the law to greater
has the duty to immediately release the child restraint than is necessary for his/her
to the custody of his/her parents or guardian, apprehension; (g) Avoid violence or
or in the absence thereof, the child's nearest unnecessary force; (h) Determine the
relative. Said authority shall give notice to the age of the child pursuant to Section 7
local social welfare and development officer of this Act;
who will determine the appropriate programs in (i) Immediately but not later than
consultation with the child and to the person eight (8) hours after apprehension, turn
having custody over the child. If the parents, over custody of the child to the Social
guardians or nearest relatives cannot be Welfare and Development Office or
located, or if they refuse to take custody, the other accredited NGOs, and notify the
child may be released to any of the following: a child's apprehension. The social welfare
duly registered nongovernmental or religious and development officer shall explain
organization; a barangay official or a member to the child and the child's
of the Barangay Council for the Protection of parents/guardians the consequences of
Children (BCPC); a local social welfare and the child's act with a view towards
development officer; or when and where counseling and rehabilitation, diversion
appropriate, the DSWD. If the child referred to from the criminal justice system, and
herein has been found by the Local Social reparation, if appropriate;
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(j) Take the child immediately to After the initial investigation, the local social
the proper medical and health officer worker conducting the same may do either of
for a thorough physical and mental the following: (a) Proceed in accordance with
examination. The examination results Section 20 if the child is fifteen (15) years or
shall be kept confidential unless below or above fifteen (15) but below eighteen
otherwise ordered by the Family Court. (18) years old, who acted without discernment;
Whenever the medical treatment is and
required, steps shall be immediately (b) If the child is above fifteen (15)
undertaken to provide the same; years old but below eighteen (18) and
(k) Ensure that should detention of who acted with discernment, proceed
the child in conflict with the law be to diversion under the following
necessary, the child shall be secured in chapter.
quarters separate from that of the
opposite sex and adult offenders; CHAPTER 2
(l) Record the following in the DIVERSION
initial investigation:
1. Whether handcuffs or other SEC. 23. System of Diversion. - Children in
instruments of restraint were conflict with the law shall undergo diversion
used, and if so, the reason for programs without undergoing court
such; 2. That the parents or proceedings subject to the conditions herein
guardian of a child, the DSWD, provided:
and the PA0 have been (a) Where the imposable penalty
informed of the apprehension for the crime committee is not more
and the details thereof; and than six (6) years imprisonment, the
3. The exhaustion of measures law enforcement officer or Punong
to determine the age of a child Barangay with the assistance of the
and the precise details of the local social welfare and development
physical and medical officer or other members of the LCPC
examination or the failure to shall conduct mediation, family
submit a child to such conferencing and conciliation and,
examination; and where appropriate, adopt indigenous
(m) Ensure that all statements modes of conflict resolution in
signed by the child during investigation accordance with the best interest of the
shall be witnessed by the child's child with a view to accomplishing the
parents or guardian, social worker, or objectives of restorative justice and the
legal counsel in attendance who shall formulation of a diversion program. The
affix his/her signature to the said child and his/her family shall be present
statement. in these activities.
A child in conflict with the law shall only be (b) In victimless crimes where the
searched by a law enforcement officer of the imposable penalty is not more than six
same gender and shall not be locked up in a (6) years imprisonment, the local social
detention cell. welfare and development officer shall
meet with the child and his/her parents
SEC. 22. Duties During Initial or guardians for the development of
Investigation. - The law enforcement officer the appropriate diversion and
shall, in his/her investigation, determine where rehabilitation program, in coordination
the case involving the child in conflict with the with the BCPC;
law should be referred. The taking of the (c) Where the imposable penalty
statement of the child shall be conducted in for the crime committed exceeds six
the presence of the following: (1) child's (6) years imprisonment, diversion
counsel of choice or in the absence thereof, a measures may be resorted to only by
lawyer from the Public Attorney's Office; (2) the the court.
child's parents, guardian, or nearest relative, as
the case may be; and (3) the local social SEC. 24. Stages Where Diversion May be
welfare and development officer. In the Conducted. - Diversion may be conducted at
absence of the child's parents, guardian, or the Katarungang Pambarangay, the police
nearest relative, and the local social welfare investigation or the inquest or preliminary
and development officer, the investigation shall investigation stage and at all 1evels and
be conducted in the presence of a phases of the proceedings including judicial
representative of an NGO, religious group, or level.
member of the BCPC.
SEC. 25. Conferencing, Mediation and
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Conciliation. - A child in conflict with law may SEC. 28. Duty of the Law Enforcement
undergo conferencing, mediation or conciliation Officer When There is No Diversion. - If the
outside the criminal justice system or prior to offense does not fall under Section 23(a) and
his entry into said system. A contract of (b), or if the child, his/her parents or guardian
diversion may be entered into during such does not consent to a diversion, the Women
conferencing, mediation or conciliation and Children Protection Desk of the PNP, or
proceedings. other law enforcement officer handling the
case of the child under custody, to the
SEC. 26. Contract of Diversion. - If during prosecutor or judge concerned for the conduct
the conferencing, mediation or conciliation, the of inquest and/or preliminary investigation to
child voluntarily admits the commission of the determine whether or not the child should
act, a diversion program shall be developed remain under custody and correspondingly
when appropriate and desirable as determined charged in court. The document transmitting
under Section 30. Such admission shall not be said records shall display the word "CHILD" in
used against the child in any subsequent bold letters.
judicial, quasi-judicial or administrative
proceedings. The diversion program shall be SEC. 29. Factors in Determining Diversion
effective and binding if accepted by the parties Program. - In determining whether diversion is
concerned. The acceptance shall be in writing appropriate and desirable, the following factors
and signed by the parties concerned and the shall be taken into consideration:
appropriate authorities. The local social welfare (a) The nature and circumstances
and development officer shall supervise the of the offense charged;
implementation of the diversion program. The (b) The frequency and the severity
diversion proceedings shall be completed of the act;
within forty-five (45) days. The period of (c) The circumstances of the child
prescription of the offense shall be suspended (e.g. age, maturity, intelligence, etc.);
until the completion of the diversion (d) The influence of the family and
proceedings but not to exceed fortyfive (45) environment on the growth of the
days. child; (e) The reparation of injury to
The child shall present himself/herself to the the victim; (f) The weight of the
competent authorities that imposed the evidence against the child;
diversion program at least once a month for (g) The safety of the community;
reporting and evaluation of the effectiveness of and (h) The best interest of the
the program. Failure to comply with the terms child.
and conditions of the contract of diversion, as
certified by the local social welfare and SEC. 30. Formulation of the Diversion
development officer, shall give the offended Program. - In formulating a diversion program,
party the option to institute the appropriate the individual characteristics and the peculiar
legal action. circumstances of the child in conflict with the
The period of prescription of the offense shall law shall be used to formulate an individualized
be suspended during the effectivity of the treatment.
diversion program, but not exceeding a period The following factors shall be considered in
of two (2) years. formulating a diversion program for the child:
(a) The child's feelings of remorse
SEC. 27. Duty of the Punong Barangay for the offense he/she committed;
When There is No Diversion. - If the offense (b) The parents' or legal guardians'
does not fall under Section 23(a) and (b), or if ability to guide and supervise the child;
the child, his/her parents or guardian does not (c) The victim's view about the
consent to a diversion, the Punong Barangay propriety of the measures to be
handling the case shall, within three (3) days imposed; and
from determination of the absence of (d) The availability of community-based
jurisdiction over the case or termination of the programs for rehabilitation and
diversion proceedings, as the case may be, reintegration of the child.
forward the records of the case of the child to
the law enforcement officer, prosecutor or the SEC. 31. Kinds of Diversion Programs. -
appropriate court, as the case may be. Upon The diversion program shall include adequate
the issuance of the corresponding document, sociocultural and psychological responses and
certifying to the fact that no agreement has services for the child. At the different stages
been reached by the parties, the case shall be where diversion may be resorted to, the
filed according to the regular process. following diversion programs may be agreed
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upon, such as, but not limited to: (a) At the law during arrest or detention, it shall be the
level of the Punong Barangay: duty of the prosecutor to investigate the same.
(1) Restitution of property;
(2) Reparation of the damage SEC. 33. Preliminary Investigation and
caused; Filing of Information. - The prosecutor shall
(3) Indemnification for conduct a preliminary investigation in the
consequential damages; (4) following instances: (a) when the child in
Written or oral apology; (5) conflict with the law does not qualify for
Care, guidance and diversion: (b) when the child, his/her parents or
supervision orders; guardian does not agree to diversion as
(6) Counseling for the child in specified in Sections 27 and 28; and (c) when
conflict with the law and the considering the assessment and
child's family; recommendation of the social worker, the
(7)Attendance in prosecutor determines that diversion is not
trainings, seminars and appropriate for the child in conflict with the law.
lectures on: (i) anger Upon serving the subpoena and the affidavit of
management complaint, the prosecutor shall notify the Public
skills; Attorney's Office of such service, as well as the
(ii) problem solving and/or personal information, and place of detention of
conflict resolution the child in conflict with the law.
skills; Upon determination of probable cause by the
(iii) values formation; and prosecutor, the information against the child
(iv) other skills which will aid shall be filed before the Family Court within
the child in dealing with forty-five (45) days from the start of the
situations which can lead to preliminary investigation.
repetition of the offense; (8)
Participation in CHAPTER 4
available community- COURT PROCEEDINGS
based programs, including
community service; or (9) SEC. 34. Bail. - For purposes of recommending
Participation in education, the amount of bail, the privileged mitigating
vocation and life skills circumstance of minority shall be considered.
programs. (b) At the level of
the law enforcement officer and SEC. 35. Release on Recognizance. - Where
the prosecutor: a child is detained, the court shall order:
(1) Diversion programs (a) the release of the minor on
specified under paragraphs (a) recognizance to his/her parents and
(1) to (a)(9) herein; and other suitable person;
(2) Confiscation and (b) the release of the child in
forfeiture of the proceeds or conflict with the law on bail; or
instruments of the crime; (c) the transfer of the minor to a
(c) At the level of the appropriate court: youth detention home/youth
(1) Diversion programs rehabilitation center.
specified under The court shall not order the detention of a
paragraphs(a)and (b) above; child in a jail pending trial or hearing of his/her
(2) Written or oral reprimand or case.
citation;
(3) Fine: SEC. 36. Detention of the Child Pending
(4) Payment of the cost of the Trial. - Children detained pending trial may be
proceedings; or (5) released on bail or recognizance as provided
Institutional care and for under Sections 34 and 35 under this Act. In
custody. all other cases and whenever possible,
detention pending trial may be replaced by
CHAPTER 3 alternative measures, such as close
PROSECUTION supervision, intensive care or placement with a
family or in an educational setting or home.
SEC. 32. Duty of the Prosecutor's Office. - Institutionalization or detention of the child
There shall be a specially trained prosecutor to pending trial shall be used only as a measure
conduct inquest, preliminary investigation and of last resort and for the shortest possible
prosecution of cases involving a child in conflict period of time. Whenever detention is
with the law. If there is an allegation of torture necessary, a child will always be detained in
or ill-treatment of a child in conflict with the
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youth detention homes established by local SEC. 40. Return of the Child in Conflict
governments, pursuant to Section 8 of the with the Law to Court. - If the court finds
Family Courts Act, in the city or municipality that the objective of the disposition measures
where the child resides. imposed upon the child in conflict with the law
In the absence of a youth detention home, the have not been fulfilled, or if the child in conflict
child in conflict with the law may be committed with the law has willfully failed to comply with
to the care of the DSWD or a local the conditions of his/her disposition or
rehabilitation center recognized by the rehabilitation program, the child in conflict with
government in the province, city or the law shall be brought before the court for
municipality within the jurisdiction of the court. execution of judgment.
The center or agency concerned shall be If said child in conflict with the law has reached
responsible for the child's appearance in court eighteen (18) years of age while under
whenever required. suspended sentence, the court shall determine
whether to discharge the child in accordance
SEC. 37. Diversion Measures. - Where the with this Act, to order execution of sentence, or
maximum penalty imposed by law for the to extend the suspended sentence for a certain
offense with which the child in conflict with the specified period or until the child reaches the
law is charged is imprisonment of not more maximum age of twentyone (21) years.
than twelve (12) years, regardless of the fine or SEC. 41. Credit in Service of Sentence. -
fine alone regardless of the amount, and before The child in conflict with the law shall be
arraignment of the child in conflict with the credited in the services of his/her sentence
law, the court shall determine whether or not with the full time spent in actual commitment
diversion is appropriate. and detention under this Act. SEC. 42.
Probation as an Alternative to
SEC. 38. Automatic Suspension of Imprisonment. - The court may, after it shall
Sentence. - Once the child who is under have convicted and sentenced a child in
eighteen (18) years of age at the time of the conflict with the law, and upon application at
commission of the offense is found guilty of the any time, place the child on probation in lieu of
offense charged, the court shall determine and service of his/her sentence taking into account
ascertain any civil liability which may have the best interest of the child. For this purpose,
resulted from the offense committed. However, Section 4 of Presidential Decree No. 968,
instead of pronouncing the judgment of otherwise known as the "Probation Law of
conviction, the court shall place the child in 1976", is hereby amended accordingly.
conflict with the law under suspended
sentence, without need of application: CHAPTER 5
Provided, however, That suspension of CONFIDENTIALITY OF RECORDS AND
sentence shall still be applied even if the PROCEEDINGS
juvenile is already eighteen years (18) of age
or more at the time of the pronouncement of SEC. 43. Confedentiality of Records and
his/her guilt. Proceedings. - All records and proceedings
Upon suspension of sentence and after involving children in conflict with the law from
considering the various chcumstances of the initial contact until final disposition of the case
child, the court shall impose the appropriate shall be considered privileged and confidential.
disposition measures as provided in the The public shall be excluded during the
Supreme Court Rule on Juveniles in Conflict proceedings and the records shall not be
with the Law. disclosed directly or indirectly to anyone by any
of the parties or the participants in the
SEC. 39. Discharge of the Child in Conflict proceedings for any purpose whatsoever,
with the Law. - Upon the recommendation of except to determine if the child in conflict with
the social worker who has custody of the child, the law may have his/hes sentence suspended
the court shall dismiss the case against the or if he/she may be granted probation under
child whose sentence has been suspended and the Probation Law, or to enforce the civil
against whom disposition measures have been liability imposed in the criminal action.
issued, and shall order the final discharge of The component authorities shall undertake all
the child if it finds that the objective of the measures to protect this confidentiality of
disposition measures have been fulfilled. The proceedings, including non-disclosure of
discharge of the child in conflict with the law records to the media, maintaining a separate
shall not affect the civil liability resulting from police blotter for cases involving children in
the commission of the offense, which shall be conflict with the law and adopting a system of
enforced in accordance with law. coding to conceal material information which
will lead to the child's identity. Records of a
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child in conflict with the law shall not be used
in subsequent proceedings for cases involving SEC. 49. Establishment of Youth Detention
the same offender as an adult, except when Homes. - The LGUs shall set aside an amount
beneficial for the offender and upon his/her to build youth detention homes as mandated
written consent. by the Family Courts Act. Youth detention
A person who has been in conflict with the law homes may also be established by private and
as a child shall not be held under any provision NGOs licensed and accredited by the DSWD, in
of law, to be guilty of perjury or of concealment consultation with the JJWC.
or misrepresentation by reason of his/her
failure to acknowledge the case or recite any SEC. 50. Care and Maintenance of the
fact related thereto in response to any inquiry Child in Conflict with the Law. - The
made to him/her for any purpose. expenses for the care and maintenance of a
child in conflict with the law under institutional
TITLE VI care shall be borne by his/her parents or those
REHABILITATION AND REINTEGRATION persons liable to support him/her: Provided,
That in case his/her parents or those persons
SEC. 44. Objective of Rehabilitation and liable to support him/her cannot pay all or part
Reintegration. - The objective of rehabilitation of said expenses, the municipality where the
and reintegration of children in conflict with the offense was committed shall pay one-third
law is to provide them with interventions, (1/3) of said expenses or part thereof; the
approaches and strategies that will enable province to which the municipality belongs
them to improve their social functioning with shall pay one-third (1/3) and the remaining
the end goal of reintegration to their families one-third (1/3) shall be borne by the national
and as productive members of their government. Chartered cities shall pay two-
communities. thirds (2/3) of said expenses; and in case a
chartered city cannot pay said expenses, part
SEC. 45. Court Order Required. - No child of the internal revenue allotments applicable to
shall be received in any rehabilitation or the unpaid portion shall be withheld and
training facility without a valid order issued by applied to the settlement of said obligations:
the court after a hearing for the purpose. The Provided, further, That in the event that the
details of this order shall be immediately child in conflict with the law is not a resident of
entered in a register exclusively for children in the municipality/city where the offense was
conflict with the law. No child shall be admitted committed, the court, upon its determination,
in any facility where there is no such register. may require the city/municipality where the
child in conflict with the law resides to shoulder
SEC. 46, Separate Facilities from Adults. - the cost.
In all rehabilitation or training facilities, it shall All city and provincial governments must exert
be mandatory that children shall be separated effort for the immediate establishment of local
from adults unless they are members of the detention homes for children in conflict with
same family. Under no other circumstance shall the law.
a child in conflict with the law be placed in the
same confinement as adults. SEC. 51. Confinement of Convicted
The rehabilitation, training or confinement area Children in Agricultural Camps and other
of children in conflict with the law shall provide Training Facilities.
a home environment where children in conflict - A child
with the law can be provided with quality in conflict with the law may, after conviction
counseling and treatment. and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a
SEC. 47. Female Children. - Female children regular penal institution, in an agricultural
in conflict with the law placed in an institution camp and other training facilities that may be
shall be given special attention as to their established, maintained, supervised and
personal needs and problems. They shall be controlled by the BUCOR, in coordination with
handled by female doctors, correction officers the DSWD.
and social workers, and shall be
accommodated separately from male children SEC. 52. Rehabilitation of Children in
in conflict with the law. Conflict with the Law. - Children in conflict
with the law, whose sentences are suspended
SEC. 48. Gender-Sensitivity Training. - No may, upon order of the court, undergo any or a
personnel of rehabilitation and training facilities combination of disposition measures best
shall handle children in conflict with the law suited to the rehabilitation and welfare of the
without having undergone gender sensitivity child as provided in the Supreme Court Rule on
training. Juveniles in Conflict with the Law.
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If the community-based rehabilitation is availed child in conflict with the law in case
of by a child in conflict with the law, he/she he/she is studying, working or
shall be released to parents, guardians, attending vocational learning
relatives or any other responsible person in the institutions;
community. Under the supervision and (b) Prevent separation of the child
guidance of the local social welfare and in conflict with the law from his/her
development officer, and in coordination with parents/guardians to maintain the
his/her parents/guardian, the child in conflict support system fostered by their
with the law shall participate in community- relationship and to create greater
based programs, which shall include, but not awareness of their mutual and
limited to: reciprocal responsibilities;
(1) Competency and life skills (c) Facilitate the rehabilitation and
development; (2) Socio-cultural and mainstreaming of the child in conflict
recreational with the law and encourage community
activities; support and involvement; and
(3) Community volunteer (d) Minimize the stigma that
projects; attaches to the child in conflict with the
(4) Leadership training; law by preventing jail detention.
(5) Social services;
(6) Homelife services; SEC. 55. Criteria of Community-Based
(7) Health services; . Programs. - Every LGU shall establish
(8) Spiritual enrichment; community-based programs that will focus on
and the rehabilitation and reintegration of the child.
(9) Community and family All programs shall meet the criteria to be
welfare services. In accordance established by the JJWC which shall take into
therewith, the family of the child in account the purpose of the program, the need
conflict with the law shall endeavor to for the consent of the child and his/her parents
actively participate in the community- or legal guardians, and the participation of the
based rehabilitation. Based on the child-centered agencies whether public or
progress of the youth in the private.
community, a final report will be SEC. 56. After-Care Support Services for
forwarded by the local social welfare Children in Conflict with the Law. - Children
and development officer to the court in conflict with the law whose cases have been
for final disposition of the case. dismissed by the proper court because of good
If the community-based programs are provided behavior as per recommendation of the DSWD
as diversion measures under Chapter II, Title V, social worker and/or any accredited NGO youth
the programs enumerated above shall be made rehabilitation center shall be provided after-
available to the child in conflict with the law. care services by the local social welfare and
development officer for a period of at least six
SEC. 53. Youth Rehabilitation Center. - The (6) months. The service includes counseling
youth rehabilitation center shall provide 24- and other community-based services designed
hour group care, treatment and rehabilitation to facilitate social reintegration, prevent re-
services under the guidance of a trained staff offending and make the children productive
where residents are cared for under a members of the community.
structured therapeutic environment with the
end view of reintegrating them in their families TITLE VII
and communities as socially functioning GENERAL PROVISIONS
individuals. A quarterly report shall be CHAPTER 1
submitted by the center to the proper court on EXEMPTING PROVISIONS
the progress of the children in conflict with the
law. Based on the progress of the youth in the SEC. 57. Status Offenees. - Any conduct not
center, a final report will be forwarded to the considered an offense or not penalized if
court for final disposition of the case. The committed by an adult shall not be considered
DSWD shall establish youth rehabilitation an offense and shall not be punished if
centers in each region of the country. committed by a child.

SEC. 54. Objectives of Community Based SEC. 58. Offenses Not Applicable to
Programs. - The objectives of community- Children. - Persons below eighteen (18) years
based programs are as follows: of age shall be exempt from prosecution for the
(a) Prevent disruption in the crime of vagrancy and prostitution under
education or means of livelihood of the Section 202 of the Revised Penal Code, of
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mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential SEC. 62. Violation of the Provisions of this
Decree No. 1619, such prosecution being Act or Rules or Regulations in General. -
inconsistent with the United Nations Any person who violates any provision of this
Convention on the Rights of the Child: Act or any rule or regulation promulgated in
Provided, That said persons shall undergo accordance thereof shall, upon conviction for
appropriate counseling and treatment program. each act or omission, be punished by a fine of
not less than Twenty thousand pesos
SEC. 59. Exemption from the Application (P20,000.00) but not more than Fifty thousand
of Death Penalty. - The provisions of the pesos (P50,000.00) or suffer imprisonment of
Revised Penal Code, as amended, Republic Act not less than eight (8) years but not more than
No. 9165, otherwise known as the ten (10) years, or both such fine and
Comprehensive Dangerous Drugs Act of 2002, imprisonment at the discretion of the court,
and other special laws notwithstanding, no unless a higher penalty is provided for in the
death penalty shall be imposed upon children Revised Penal Code or special laws. If the
in conflict with the law. offender is a public officer or employee, he/she
shall, in addition to such fine and/or
CHAPTER 2 imprisonment, be held administratively liable
PROHIBITED ACTS and shall suffer the penalty of perpetual
absolute disqualification.
SEC. 60. Prohibition Against Labeling and
Shaming. - In the conduct of the proceedings CHAPTER 4
beginning from the initial contact with the APPROPRIATION PROVISION
child, the competent authorities must refrain
from branding or labeling children as young SEC. 63. Appropriations. - The amount
criminals, juvenile delinquents, prostitutes or necessary to carry out the initial
attaching to them in any manner any other implementation of this Act shall be charged to
derogatory names. Likewise, no discriminatory the Office of the President. Thereafter, such
remarks and practices shall be allowed sums as may be necessary for the continued
particularly with respect to the child's class or implementation of this Act shall be included in
ethnic origin. the succeeding General Appropriations Act.
An initial amount of Fifty million pesos
SEC. 61. Other Prohibited Acts. - The (P50,000,000.00) for the purpose of setting up
following and any other similar acts shall be the JJWC shall be taken from the proceeds of
considered prejudicial and detrimental to the the Philippine Charity Sweepstakes Office.
psychological, emotional, social, spiritual,
moral and physical health and wellbeing of the TITLE VIII
child in conflict with the law and therefore, TRANSITORY PROVISIONS
prohibited:
(a) Employment of threats of SEC. 64. Children in Conflict with the Law
whatever kind and nature; Fifteen (15) Years Old and Below. - Upon
(b) Employment of abusive, effectivity of this Act, cases of children fifteen
coercive and punitive measures such (15) years old and below at the time of the
as cursing, beating, stripping, and commission of the crime shall immediately be
solitary confinement; (c) Employment dismissed and the child shall be referred to the
of degrading, inhuman end cruel forms appropriate local social welfare and
of punishment such as shaving the development officer. Such officer, upon
heads, pouring irritating, corrosive or thorough assessment of the child, shall
harmful substances over the body of determine whether to release the child to the
the child in conflict with the law, or custody of his/her parents, or refer the child to
forcing him/her to walk around the prevention programs as provided under this
community wearing signs which Act. Those with suspended sentences and
embarrass, humiliate, and degrade undergoing rehabilitation at the youth
his/her personality and rehabilitation center shall likewise be released,
dignity; and unless it is contrary to the best interest of the
(d) Compelling the child to perform child.
involuntary servitude in any and all
forms under any and all instances. SEC. 65. Children Detained Pending Dial. -
If the child is detained pending trial, the Family
CHAPTER 3 Court shall also determine whether or not
PENAL PROVISION continued detention is necessary and, if not,
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determine appropriate alternatives for hereof not dfected by such declaration shall
detention. If detention is necessary and he/she remain in force and effect.
is detained with adults, the court shall
immediately order the transfer of the child to a SEC. 71. Repealing Clause. - All existing
youth detention home. laws, orders, decrees, rules and regulations or
parts thereof inconsistent with the provisions of
SEC. 66. Inventory of "Locked-up" and this Act are hereby repealed or modified
Detained Children in Conflict with the accordingly.
Law. - The PNP, the BJMP and the BUCOR are
hereby directed to submit to the JJWC, within SEC. 72. Effectivity. - This Act shall take
ninety (90) days from the effectivity of this Act, effect after fifteen (15) days from its
an inventory of all children in conflict with the publication in at least two (2) national
law under their custody. newspapers of general circulation.
REPUBLIC ACT NO. 9165
SEC. 67. Children Who Reach the Age of
Eighteen (18) Years Pending Diversion
June 7, 2002
and Court
Proceedings. - If a child reaches the age of
eighteen (18) years pending diversion and AN ACT INSTITUTING THE
court proceedings, the appropriate diversion COMPREHENSIVE DANGEROUS DRUGS ACT
authority in consultation with the local social OF 2002, REPEALING REPUBLIC ACT NO.
welfare and development officer or the Family 6425, OTHERWISE KNOWN AS THE
Court in consultation with the Social Services DANGEROUS DRUGS ACT OF 1972, AS
and Counseling Division (SSCD) of the Supreme AMENDED, PROVIDING FUNDS THEREFOR,
Court, as the case may be, shall determine the AND FOR
appropriate disposition. In case the appropriate OTHER PURPOSES
court executes the judgment of conviction, and
unless the child in conflict the law has already Be it enacted by the Senate and House of
availed of probation under Presidential Decree Representatives of the Philippines in Congress
No. 603 or other similar laws, the child may
apply for probation if qualified under the Section 1. Short Title. – This Act shall be
provisions of the Probation Law. known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
SEC. 68. Children Who Have Been
Convicted and are Serving Sentence. - Section 2. Declaration of Policy. – It is the
Persons who have been convicted and are policy of the State to safeguard the integrity of
serving sentence at the time of the effectivity its territory and the well-being of its citizenry
of this Act, and who were below the age of particularly the youth, from the harmful effects
eighteen (18) years at the time the commission of dangerous drugs on their physical and
of the offense for which they were convicted mental well-being, and to defend the same
and are serving sentence, shall likewise benefit against acts or omissions detrimental to their
from the retroactive application of this Act. development and preservation. In view of the
They shall be entitled to appropriate foregoing, the State needs to enhance further
dispositions provided under this Act and their the efficacy of the law against dangerous
sentences shall be adjusted accordingly. They drugs, it being one of today's more serious
shall be immediately released if they are so social ills. Toward this end, the government
qualified under this Act or other applicable law. shall pursue an intensive and unrelenting
campaign against the trafficking and use of
TITLE IX dangerous drugs and other similar substances
FINAL PROVISIONS through an integrated system of planning,
implementation and enforcement of antidrug
abuse policies, programs, and projects. The
SEC. 69. Rule Making Power. - The JJWC shall
government shall however aim to achieve a
issue the IRRs for the implementation of the
balance in the national drug control program so
provisions of this act within ninety (90) days
that people with legitimate medical needs are
from the effectivity thereof.
not prevented from being treated with
adequate amounts of appropriate medications,
SEC. 70. Separability Clause. - If, for any
which include the use of dangerous drugs.
reason, any section or provision of this Act is
It is further declared the policy of the State to
declared unconstitutional or invalid by the
provide effective mechanisms or measures to
Supreme Court, the other sections or provisions
reintegrate into society individuals who have
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fallen victims to drug abuse or dangerous drug raising, or permitting the planting, growing or
dependence through sustainable programs of raising of any plant which is the source of a
treatment and rehabilitation. dangerous drug.
(j) Dangerous Drugs. – Include those listed
ARTICLE I in the Schedules annexed to the 1961 Single
Definition of terms Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
Section 3. Definitions. As used in this Act, the annexed to the 1971 Single Convention on
following terms shall mean: Psychotropic Substances as enumerated in the
(a) Administer. – Any act of introducing any attached annex which is an integral part of this
dangerous drug into the body of any person, Act.
with or without his/her knowledge, by injection, (k) Deliver. – Any act of knowingly passing
inhalation, ingestion or other means, or of a dangerous drug to another, personally or
committing any act of indispensable assistance otherwise, and by any means, with or without
to a person in administering a dangerous drug consideration. (l) Den, Dive or Resort. – A place
to himself/herself unless administered by a where any dangerous drug and/or controlled
duly licensed practitioner for purposes of precursor and essential chemical is
medication. administered, delivered, stored for illegal
(b) Board. - Refers to the Dangerous Drugs purposes, distributed, sold or used in any form.
Board under Section 77, Article IX of this Act. (m) Dispense. – Any act of giving away,
(c) Centers. - Any of the treatment and selling or distributing medicine or any
rehabilitation centers for drug dependents dangerous drug with or without the use of
referred to in Section 34, Article VIII of this Act. prescription.
(d) Chemical Diversion. – The sale, (n) Drug Dependence. – As based on the
distribution, supply or transport of legitimately World Health Organization definition, it is a
imported, intransit, manufactured or procured cluster of physiological, behavioral and
controlled precursors and essential chemicals, cognitive phenomena of variable intensity, in
in diluted, mixtures or in concentrated form, to which the use of psychoactive drug takes on a
any person or entity engaged in the high priority thereby involving, among others, a
manufacture of any dangerous drug, and shall strong desire or a sense of compulsion to take
include packaging, repackaging, labeling, the substance and the difficulties in controlling
relabeling or concealment of such transaction substance-taking behavior in terms of its onset,
through fraud, destruction of documents, termination, or levels of use.
fraudulent use of permits, misdeclaration, use (o) Drug Syndicate. – Any organized group
of front companies or mail fraud. of two (2) or more persons forming or joining
(e) Clandestine Laboratory. – Any facility together with the intention of committing any
used for the illegal manufacture of any offense prescribed under this Act.
dangerous drug and/or controlled precursor (p) Employee of Den, Dive or Resort. – The
and essential chemical. (f) Confirmatory Test. – caretaker, helper, watchman, lookout, and
An analytical test using a device, tool or other persons working in the den, dive or
equipment with a different chemical or physical resort, employed by the maintainer, owner
principle that is more specific which will and/or operator where any dangerous drug
validate and confirm the result of the screening and/or controlled precursor and essential
test. (g) Controlled Delivery. – The investigative chemical is administered, delivered,
technique of allowing an unlawful or suspect distributed, sold or used, with or without
consignment of any dangerous drug and/or compensation, in connection with the operation
controlled precursor and essential chemical, thereof.
equipment or paraphernalia, or property (q) Financier. – Any person who pays for,
believed to be derived directly or indirectly raises or supplies money for, or underwrites
from any offense, to pass into, through or out any of the illegal activities prescribed under
of the country under the supervision of an this Act.
authorized officer, with a view to gathering (r) Illegal Trafficking. – The illegal
evidence to identify any person involved in any cultivation, culture, delivery, administration,
dangerous drugs related offense, or to facilitate dispensation, manufacture, sale, trading,
prosecution of that offense. (h) Controlled transportation, distribution,
Precursors and Essential Chemicals. – Include importation, exportation and possession of any
those listed in Tables I and II of the 1988 UN dangerous drug and/or controlled precursor
Convention Against Illicit Traffic in Narcotic and essential chemical.
Drugs and Psychotropic Substances as (s) Instrument. – Any thing that is used in
enumerated in the attached annex, which is an or intended to be used in any manner in the
integral part of this Act. (i) Cultivate or Culture. commission of illegal drug trafficking or related
– Any act of knowingly planting, growing, offenses.
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(t) Laboratory Equipment. – The and leaves or wrappings of opium leaves,
paraphernalia, apparatus, materials or whether prepared for use or not.
appliances when used, intended for use or (z) Opium Poppy. – Refers to any part of
designed for use in the manufacture of any the plant of the species Papaver somniferum
dangerous drug and/or controlled precursor L., Papaver setigerum DC, Papaver orientale,
and essential chemical, such as reaction Papaver bracteatum and Papaver rhoeas,
vessel, preparative/purifying equipment, which includes the seeds, straws, branches,
fermentors, separatory funnel, flask, heating leaves or any part thereof, or substances
mantle, gas generator, or their substitute. derived therefrom, even for floral, decorative
(u) Manufacture. – The production, and culinary purposes.
preparation, compounding or processing of any (aa) PDEA. – Refers to the Philippine Drug
dangerous drug and/or controlled precursor Enforcement Agency under Section 82, Article
and essential chemical, either directly or IX of this Act.
indirectly or by extraction from substances of (bb) Person. – Any entity, natural or juridical,
natural origin, or independently by means of including among others, a corporation,
chemical synthesis or by a combination of partnership, trust or estate, joint stock
extraction and chemical synthesis, and shall company, association, syndicate, joint venture
include any packaging or repackaging of such or other unincorporated organization or group
substances, design or configuration of its form, capable of acquiring rights or entering into
or labeling or relabeling of its container; except obligations.
that such terms do not include the preparation, (cc) Planting of Evidence. – The willful act
compounding, packaging or labeling of a drug by any person of maliciously and surreptitiously
or other substances by a duly authorized inserting, placing, adding or attaching directly
practitioner as an incident to his/her or indirectly, through any overt or covert act,
administration or dispensation of such drug or whatever quantity of any dangerous drug
substance in the course of his/her professional and/or controlled precursor and essential
practice including research, teaching and chemical in the person, house, effects or in the
chemical analysis of dangerous drugs or such immediate vicinity of an innocent individual for
substances that are not intended for sale or for the purpose of implicating, incriminating or
any other purpose. (v) Cannabis or commonly imputing the commission of any violation of
known as "Marijuana" or "Indian Hemp" or by this Act. (dd) Practitioner. – Any person who is a
its any other name. – Embraces every kind, licensed physician, dentist, chemist, medical
class, genus, or specie of the plant Cannabis technologist, nurse, midwife, veterinarian or
sativa L. including, but not limited to, Cannabis pharmacist in the Philippines.
americana, hashish, bhang, guaza, churrus and (ee) Protector/Coddler. – Any person who
ganjab, and embraces every kind, class and knowingly and willfully consents to the unlawful
character of marijuana, whether dried or fresh acts provided for in this Act and uses his/her
and flowering, flowering or fruiting tops, or any influence, power or position in shielding,
part or portion of the plant and seeds thereof, harboring, screening or facilitating the escape
and all its geographic varieties, whether as a of any person he/she knows, or has reasonable
reefer, resin, extract, tincture or in any form grounds to believe on or suspects, has violated
whatsoever. the provisions of this Act in order to prevent
(w) Methylenedioxymethamphetamine the arrest, prosecution and conviction of the
(MDMA) or commonly known as "Ecstasy", or violator.
by its any other name. – Refers to the drug (ff) Pusher. – Any person who sells, trades,
having such chemical composition, including administers, dispenses, delivers or gives away
any of its isomers or derivatives in any form. to another, on any terms whatsoever, or
(x) Methamphetamine Hydrochloride or distributes, dispatches in transit or transports
commonly known as "Shabu", "Ice", "Meth", or dangerous drugs or who acts as a broker in any
by its any other name. – Refers to the drug of such transactions, in violation of this Act.
having such chemical composition, including (gg) School. – Any educational institution,
any of its isomers or derivatives in any form. private or public, undertaking educational
(y) Opium. – Refers to the coagulated juice operation for pupils/students pursuing certain
of the opium poppy (Papaver somniferum L.) studies at defined levels, receiving instructions
and embraces every kind, class and character from teachers, usually located in a building or a
of opium, whether crude or prepared; the ashes group of buildings in a particular physical or
or refuse of the same; narcotic preparations cyber site.
thereof or therefrom; morphine or any alkaloid (hh) Screening Test. – A rapid test performed
of opium; preparations in which opium, to establish potential/presumptive positive
morphine or any alkaloid of opium enters as an result. (ii) Sell. – Any act of giving away any
ingredient; opium poppy; opium poppy straw; dangerous drug and/or controlled precursor
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and essential chemical whether for money or hundred thousand pesos (P500,000.00) shall be
any other consideration. imposed upon any person, who acts as a
(jj) Trading. – Transactions involving the "protector/coddler" of any violator of the
illegal trafficking of dangerous drugs and/or provisions under this Section.
controlled precursors and essential chemicals
using electronic devices such as, but not Section 5. Sale, Trading, Administration,
limited to, text messages, email, mobile or Dispensation, Delivery, Distribution and
landlines, two-way radios, internet, instant Transportation of Dangerous Drugs and/or
messengers and chat rooms or acting as a Controlled Precursors and Essential Chemicals.
broker in any of such transactions whether for - The penalty of life imprisonment to death and
money or any other consideration in violation a fine ranging from Five hundred thousand
of this Act. pesos
(kk) Use. – Any act of injecting, (P500,000.00) to Ten million pesos
intravenously or intramuscularly, of consuming, (P10,000,000.00) shall be imposed upon any
either by chewing, smoking, sniffing, eating, person, who, unless authorized by law, shall
swallowing, drinking or otherwise introducing sell, trade, administer, dispense, deliver, give
into the physiological system of the body, and away to another, distribute dispatch in transit
of the dangerous drugs. or transport any dangerous drug, including any
and all species of opium poppy regardless of
ARTICLE II the quantity and purity involved, or shall act as
Unlawful Acts and Penalties a broker in any of such transactions. The
penalty of imprisonment ranging from twelve
Section 4. Importation of Dangerous Drugs (12) years and one (1) day to twenty (20) years
and/or Controlled Precursors and Essential and a fine ranging from One hundred thousand
Chemicals.- .The penalty of life imprisonment pesos (P100,000.00) to Five hundred thousand
to death and a ranging from Five hundred pesos (P500,000.00) shall be imposed upon
thousand pesos (P500,000.00) to Ten million any person, who, unless authorized by law,
pesos (P10,000,000.00) shall be imposed upon shall sell, trade, administer, dispense, deliver,
any person, who, unless authorized by law, give away to another, distribute, dispatch in
shall import or bring into the Philippines any transit or transport any controlled precursor
dangerous drug, regardless of the quantity and and essential chemical, or shall act as a broker
purity involved, including any and all species of in such transactions.
opium poppy or any part thereof or substances If the sale, trading, administration,
derived therefrom even for floral, decorative dispensation, delivery, distribution or
and culinary purposes. transportation of any dangerous drug and/or
The penalty of imprisonment ranging from controlled precursor and essential chemical
twelve (12) years and one (1) day to twenty transpires within one hundred (100) meters
(20) years and a fine ranging from One from the school, the maximum penalty shall be
hundred thousand pesos (P100,000.00) to Five imposed in every case.
hundred thousand pesos (P500,000.00) shall be For drug pushers who use minors or mentally
imposed upon any person, who, unless incapacitated individuals as runners, couriers
authorized by law, shall import any controlled and messengers, or in any other capacity
precursor and essential chemical. directly connected to the dangerous drugs
The maximum penalty provided for under this and/or controlled precursors and essential
Section shall be imposed upon any person, chemical trade, the maximum penalty shall be
who, unless authorized under this Act, shall imposed in every case. If the victim of the
import or bring into the Philippines any offense is a minor or a mentally incapacitated
dangerous drug and/or controlled precursor individual, or should a dangerous drug and/or a
and essential chemical through the use of a controlled precursor and essential chemical
diplomatic passport, diplomatic facilities or any involved in any offense herein provided be the
other means involving his/her official status proximate cause of death of a victim thereof,
intended to facilitate the unlawful entry of the the maximum penalty provided for under this
same. In addition, the diplomatic passport shall Section shall be imposed.
be confiscated and canceled. The maximum penalty provided for under this
The maximum penalty provided for under this Section shall be imposed upon any person who
Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and
Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of
one (1) day to twenty (20) years of imprisonment and a fine ranging from One
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
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imposed upon any person, who acts as a ranging from twelve (12) years and one (1) day
"protector/coddler" of any violator of the to twenty (20) years and a fine ranging from
provisions under this Section. One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Section 6. Maintenance of a Den, Dive or shall be imposed upon:
Resort. - The penalty of life imprisonment to (a) Any employee of a den, dive or
death and a fine ranging from Five hundred resort, who is aware of the nature of
thousand pesos the place as such; and
(P500,000.00) to Ten million pesos (b) Any person who, not being
(P10,000,000.00) shall be imposed upon any included in the provisions of the next
person or group of persons who shall maintain preceding, paragraph, is aware of the
a den, dive or resort where any dangerous drug nature of the place as such and shall
is used or sold in any form. knowingly visit the
The penalty of imprisonment ranging from same
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One Section 8. Manufacture of Dangerous Drugs
hundred thousand pesos (P100,000.00) to Five and/or Controlled Precursors and Essential
hundred thousand pesos (P500,000.00) shall be Chemicals. - The penalty of life imprisonment
imposed upon any person or group of persons to death and a fine ranging Five hundred
who shall maintain a den, dive, or resort where thousand pesos (P500,000.00) to Ten million
any controlled precursor and essential chemical pesos (P10,000,000.00) shall be imposed upon
is used or sold in any form. any person, who, unless authorized by law,
The maximum penalty provided for under this shall engage in the manufacture of any
Section shall be imposed in every case where dangerous drug.
any dangerous drug is administered, delivered The penalty of imprisonment ranging from
or sold to a minor who is allowed to use the twelve (12) years and one (1) day to twenty
same in such a place. (20) years and a fine ranging from One
Should any dangerous drug be the proximate hundred thousand pesos (P100,000.00) to Five
cause of the death of a person using the same hundred thousand pesos (P500,000.00) shall be
in such den, dive or resort, the penalty of death imposed upon any person, who, unless
and a fine ranging from One million authorized by law, shall manufacture any
(P1,000,000.00) to Fifteen million pesos controlled precursor and essential chemical.
(P500,000.00) shall be imposed on the The presence of any controlled precursor and
maintainer, owner and/or operator. essential chemical or laboratory equipment in
If such den, dive or resort is owned by a third the clandestine laboratory is a prima facie
person, the same shall be confiscated and proof of manufacture of any dangerous drug. It
escheated in favor of the government: shall be considered an aggravating
Provided, That the criminal complaint shall circumstance if the clandestine laboratory is
specifically allege that such place is undertaken or established under the following
intentionally used in the furtherance of the circumstances:
crime: Provided, further, That the prosecution (a) Any phase of the
shall prove such intent on the part of the owner manufacturing process was conducted
to use the property for such purpose: Provided, in the presence or with the help of
finally, That the owner shall be included as an minor/s:
accused in the criminal complaint. (b) Any phase or manufacturing
The maximum penalty provided for under this process was established or undertaken
Section shall be imposed upon any person who within one hundred (100) meters of a
organizes, manages or acts as a "financier" of residential, business, church or school
any of the illegal activities prescribed in this premises; (c) Any clandestine
Section. laboratory was secured or protected
The penalty twelve (12) years and one (1) day with booby traps;
to twenty (20) years of imprisonment and a (d) Any clandestine laboratory was
fine ranging from One hundred thousand pesos concealed with legitimate business
(P100,000.00) to Five hundred thousand pesos operations; or
(P500,000.00) shall be imposed upon any (e) Any employment of a
person, who acts as a "protector/coddler" of practitioner, chemical engineer, public
any violator of the provisions under this official or foreigner.
Section. The maximum penalty provided for under this
Section shall be imposed upon any person, who
Section 7. Employees and Visitors of a Den, organizes, manages or acts as a "financier" of
Dive or Resort. - The penalty of imprisonment any of the illegal activities prescribed in this
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Section. The penalty of twelve (12) years and person, who, unless authorized by law, shall
one (1) day to twenty (20) years of possess any dangerous drug in the following
imprisonment and a fine ranging from One quantities, regardless of the degree of purity
hundred thousand pesos (P100,000.00) to Five thereof:
hundred thousand pesos (P500,000.00) shall be (1) 10 grams or more of opium;
imposed upon any person, who acts as a (2) 10 grams or more of morphine;
"protector/coddler" of any violator of the (3) 10 grams or more of heroin; (4) 10
provisions under this Section. grams or more of cocaine or cocaine
hydrochloride;
Section 9. Illegal Chemical Diversion of (5) 50 grams or more of
Controlled Precursors and Essential Chemicals. methamphetamine hydrochloride or
- The penalty of imprisonment ranging from "shabu";
twelve (12) years and one (1) day to twenty (6) 10 grams or more of marijuana
(20) years and a fine ranging from One resin or marijuana resin oil; (7) 500
hundred thousand pesos (P100,000.00) to Five grams or more of marijuana; and (8) 10
hundred thousand pesos (P500,000.00) shall be grams or more of other dangerous
imposed upon any person, who, unless drugs such as, but not limited to,
authorized by law, shall illegally divert any methylenedioxymethamphetamine
controlled precursor and essential chemical. (MDA) or "ecstasy",
paramethoxyamphetamine (PMA),
Section 10. Manufacture or Delivery of trimethoxyamphetamine (TMA),
Equipment, Instrument, Apparatus, and Other lysergic acid diethylamine (LSD),
Paraphernalia for Dangerous Drugs and/or gamma hydroxyamphetamine (GHB),
Controlled Precursors and Essential Chemicals. and those similarly designed or newly
- The penalty of imprisonment ranging from introduced drugs and their derivatives,
twelve (12) years and one (1) day to twenty without having any therapeutic value
(20) years and a fine ranging from One or if the quantity possessed is far
hundred thousand pesos (P100,000.00) to Five beyond therapeutic requirements, as
hundred thousand pesos (P500,000.00) shall be determined and promulgated by the
imposed upon any person who shall deliver, Board in accordance to Section 93,
possess with intent to deliver, or manufacture Article XI of this Act.
with intent to deliver equipment, instrument, Otherwise, if the quantity involved is less than
apparatus and other paraphernalia for the foregoing quantities, the penalties shall be
dangerous drugs, knowing, or under graduated as follows:
circumstances where one reasonably should (1) Life imprisonment and a fine
know, that it will be used to plant, propagate, ranging from Four hundred thousand
cultivate, grow, harvest, manufacture, pesos (P400,000.00) to Five hundred
compound, convert, produce, process, prepare, thousand pesos (P500,000.00), if the
test, analyze, pack, repack, store, contain or quantity of methamphetamine
conceal any dangerous drug and/or controlled hydrochloride or "shabu" is ten (10)
precursor and essential chemical in violation of grams or more but less than fifty (50)
this Act. grams;
The penalty of imprisonment ranging from six (2) Imprisonment of twenty (20)
(6) months and one (1) day to four (4) years years and one (1) day to life
and a fine ranging from Ten thousand pesos imprisonment and a fine ranging from
(P10,000.00) to Fifty thousand pesos Four hundred thousand pesos
(P50,000.00) shall be imposed if it will be used (P400,000.00) to Five hundred
to inject, ingest, inhale or otherwise introduce thousand pesos (P500,000.00), if the
into the human body a dangerous drug in quantities of dangerous drugs are five
violation of this Act. (5) grams or more but less than ten
The maximum penalty provided for under this (10) grams of opium, morphine, heroin,
Section shall be imposed upon any person, who cocaine or cocaine hydrochloride,
uses a minor or a mentally incapacitated marijuana resin or marijuana resin oil,
individual to deliver such equipment, methamphetamine hydrochloride or
instrument, apparatus and other paraphernalia "shabu", or other dangerous drugs such
for dangerous drugs. as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and
Section 11. Possession of Dangerous Drugs. - those similarly designed or newly
The penalty of life imprisonment to death and a introduced drugs and their derivatives,
fine ranging from Five hundred thousand pesos without having any therapeutic value
(P500,000.00) to Ten million pesos or if the quantity possessed is far
(P10,000,000.00) shall be imposed upon any beyond therapeutic requirements; or
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three hundred (300) grams or more but penalties provided for in Section 11 of this Act,
less than five (hundred) 500) grams of regardless of the quantity and purity of such
marijuana; and dangerous drugs.
(3) Imprisonment of twelve (12)
years and one (1) day to twenty (20) Section 14. Possession of Equipment,
years and a fine ranging from Three Instrument, Apparatus and Other Paraphernalia
hundred thousand pesos (P300,000.00) for Dangerous Drugs During Parties, Social
to Four hundred thousand pesos Gatherings or Meetings. - The maximum
(P400,000.00), if the quantities of penalty provided for in Section 12 of this Act
dangerous drugs are less than five (5) shall be imposed upon any person, who shall
grams of opium, morphine, heroin, possess or have under his/her control any
cocaine or cocaine hydrochloride, equipment, instrument, apparatus and other
marijuana resin or marijuana resin oil, paraphernalia fit or intended for smoking,
methamphetamine hydrochloride or consuming, administering, injecting, ingesting,
"shabu", or other dangerous drugs such or introducing any dangerous drug into the
as, but not limited to, MDMA or body, during parties, social gatherings or
"ecstasy", PMA, TMA, LSD, GHB, and meetings, or in the proximate company of at
those similarly designed or newly least two (2) persons.
introduced drugs and their derivatives,
without having any therapeutic value Section 15. Use of Dangerous Drugs. – A
or if the quantity possessed is far person apprehended or arrested, who is found
beyond therapeutic requirements; or to be positive for use of any dangerous drug,
less than three hundred (300) grams of after a confirmatory test, shall be imposed a
marijuana. penalty of a minimum of six (6) months
rehabilitation in a government center for the
Section 12. Possession of Equipment, first offense, subject to the provisions of Article
Instrument, Apparatus and Other Paraphernalia VIII of this Act. If apprehended using any
for Dangerous Drugs. - The penalty of dangerous drug for the second time, he/she
imprisonment ranging from six (6) months and shall suffer the penalty of imprisonment
one (1) day to four (4) years and a fine ranging ranging from six (6) years and one (1) day to
from Ten thousand pesos (P10,000.00) to Fifty twelve (12) years and a fine ranging from Fifty
thousand pesos (P50,000.00) shall be imposed thousand pesos (P50,000.00) to Two hundred
upon any person, who, unless authorized by thousand pesos (P200,000.00): Provided, That
law, shall possess or have under his/her control this Section shall not be applicable where the
any equipment, instrument, apparatus and person tested is also found to have in his/her
other paraphernalia fit or intended for smoking, possession such quantity of any dangerous
consuming, administering, injecting, ingesting, drug provided for under Section 11 of this Act,
or introducing any dangerous drug into the in which case the provisions stated therein
body: Provided, That in the case of medical shall apply.
practitioners and various professionals who are
required to carry such equipment, instrument, Section 16. Cultivation or Culture of Plants
apparatus and other paraphernalia in the Classified as Dangerous Drugs or are Sources
practice of their profession, the Board shall Thereof. - The penalty of life imprisonment to
prescribe the necessary implementing death and a fine ranging from Five hundred
guidelines thereof. thousand pesos (P500,000.00) to Ten million
The possession of such equipment, instrument, pesos (P10,000,000.00) shall be imposed upon
apparatus and other paraphernalia fit or any person, who shall plant, cultivate or culture
intended for any of the purposes enumerated marijuana, opium poppy or any other plant
in the preceding paragraph shall be prima facie regardless of quantity, which is or may
evidence that the possessor has smoked, hereafter be classified as a dangerous drug or
consumed, administered to himself/herself, as a source from which any dangerous drug
injected, ingested or used a dangerous drug may be manufactured or derived: Provided,
and shall be presumed to have violated Section That in the case of medical laboratories and
15 of this Act. medical research centers which cultivate or
culture marijuana, opium poppy and other
Section 13. Possession of Dangerous Drugs plants, or materials of such dangerous drugs
During Parties, Social Gatherings or Meetings. – for medical experiments and research
Any person found possessing any dangerous purposes, or for the creation of new types of
drug during a party, or at a social gathering or medicine, the Board shall prescribe the
meeting, or in the proximate company of at necessary implementing guidelines for the
least two (2) persons, shall suffer the maximum proper cultivation, culture, handling,
 CRIMINAL LAW REVIEWER

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experimentation and disposal of such plants professional organizations of practitioners,
and materials. particularly those who are involved in the care
The land or portions thereof and/or of persons with severe pain.
greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and Section 19. Unlawful Prescription of
escheated in favor of the State, unless the Dangerous Drugs. – The penalty of life
owner thereof can prove lack of knowledge of imprisonment to death and a fine ranging from
such cultivation or culture despite the exercise Five hundred thousand pesos (P500,000.00) to
of due diligence on his/her part. If the land Ten million pesos (P10,000,000.00) shall be
involved is part of the public domain, the imposed upon any person, who, unless
maximum penalty provided for under this authorized by law, shall make or issue a
Section shall be imposed upon the offender. prescription or any other writing purporting to
The maximum penalty provided for under this be a prescription for any dangerous drug.
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of Section 20. Confiscation and Forfeiture of the
any of the illegal activities prescribed in this Proceeds or Instruments of the Unlawful Act,
Section. The penalty of twelve (12) years and Including the Properties or Proceeds Derived
one (1) day to twenty (20) years of from the Illegal Trafficking of Dangerous Drugs
imprisonment and a fine ranging from One and/or Precursors and Essential Chemicals. –
hundred thousand pesos (P100,000.00) to Five Every penalty imposed for the unlawful
hundred thousand pesos (P500,000.00) shall be importation, sale, trading, administration,
imposed upon any person, who acts as a dispensation, delivery, distribution,
"protector/coddler" of any violator of the transportation or manufacture of any
provisions under this Section. dangerous drug and/or controlled precursor
and essential chemical, the cultivation or
Section 17. Maintenance and Keeping of culture of plants which are sources of
Original Records of Transactions on Dangerous dangerous drugs, and the possession of any
Drugs and/or Controlled Precursors and equipment, instrument, apparatus and other
Essential Chemicals. - The penalty of paraphernalia for dangerous drugs including
imprisonment ranging from one (1) year and other laboratory equipment, shall carry with it
one (1) day to six (6) years and a fine ranging the confiscation and forfeiture, in favor of the
from Ten thousand pesos (P10,000.00) to Fifty government, of all the proceeds and properties
thousand pesos (P50,000.00) shall be imposed derived from the unlawful act, including, but
upon any practitioner, manufacturer, not limited to, money and other assets
wholesaler, importer, distributor, dealer or obtained thereby, and the instruments or tools
retailer who violates or fails to comply with the with which the particular unlawful act was
maintenance and keeping of the original committed, unless they are the property of a
records of transactions on any dangerous drug third person not liable for the unlawful act, but
and/or controlled precursor and essential those which are not of lawful commerce shall
chemical in accordance with Section 40 of this be ordered destroyed without delay pursuant to
Act. the provisions of Section 21 of this Act. After
An additional penalty shall be imposed through conviction in the Regional Trial Court in the
the revocation of the license to practice his/her appropriate criminal case filed, the Court shall
profession, in case of a practitioner, or of the immediately schedule a hearing for the
business, in case of a manufacturer, seller, confiscation and forfeiture of all the proceeds
importer, distributor, dealer or retailer. of the offense and all the assets and properties
of the accused either owned or held by him or
Section 18. Unnecessary Prescription of in the name of some other persons if the same
Dangerous Drugs. – The penalty of shall be found to be manifestly out of
imprisonment ranging from twelve (12) years proportion to his/her lawful income: Provided,
and one (1) day to twenty (20) years and a fine however, That if the forfeited property is a
ranging from One hundred thousand pesos vehicle, the same shall be auctioned off not
(P100,000.00) to Five hundred thousand pesos later than five (5) days upon order of
(P500,000.00) and the additional penalty of the confiscation or forfeiture.
revocation of his/her license to practice shall be During the pendency of the case in the
imposed upon the practitioner, who shall Regional Trial Court, no property, or income
prescribe any dangerous drug to any person derived therefrom, which may be confiscated
whose physical or physiological condition does and forfeited, shall be disposed, alienated or
not require the use or in the dosage prescribed transferred and the same shall be in custodia
therein, as determined by the Board in legis and no bond shall be admitted for the
consultation with recognized competent release of the same.
experts who are authorized representatives of
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The proceeds of any sale or disposition of any provisionally issued stating therein the
property confiscated or forfeited under this quantities of dangerous drugs still to be
Section shall be used to pay all proper examined by the forensic laboratory:
expenses incurred in the proceedings for the Provided, however, That a final
confiscation, forfeiture, custody and certification shall be issued on the
maintenance of the property pending completed forensic laboratory
disposition, as well as expenses for publication examination on the same within the
and court costs. The proceeds in excess of the next twenty-four (24) hours; (4) After
above expenses shall accrue to the Board to be the filing of the criminal case, the Court
used in its campaign against illegal drugs. shall, within seventy-two (72) hours,
conduct an ocular inspection of the
Section 21. Custody and Disposition of confiscated, seized and/or surrendered
Confiscated, Seized, and/or Surrendered dangerous drugs, plant sources of
Dangerous Drugs, Plant Sources of Dangerous dangerous drugs, and controlled
Drugs, Controlled Precursors and Essential precursors and essential chemicals,
Chemicals, Instruments/Paraphernalia and/or including the
Laboratory Equipment. – The PDEA shall take instruments/paraphernalia and/or
charge and have custody of all dangerous laboratory equipment, and through the
drugs, plant sources of dangerous drugs, PDEA shall within twenty-four (24)
controlled precursors and essential chemicals, hours thereafter proceed with the
as well as instruments/paraphernalia and/or destruction or burning of the same, in
laboratory equipment so confiscated, seized the presence of the accused or the
and/or surrendered, for proper disposition in person/s from whom such items were
the following manner: confiscated and/or seized, or his/her
(1) The apprehending team having representative or counsel, a
initial custody and control of the drugs representative from the media and the
shall, immediately after seizure and DOJ, civil society groups and any
confiscation, physically inventory and elected public official. The Board shall
photograph the same in the presence draw up the guidelines on the manner
of the accused or the person/s from of proper disposition and destruction of
whom such items were confiscated such item/s which shall be borne by the
and/or seized, or his/her representative offender: Provided, That those item/s of
or counsel, a representative from the lawful commerce, as determined by the
media and the Department of Justice Board, shall be donated, used or
(DOJ), and any elected public official recycled for legitimate purposes:
who shall be required to sign the copies Provided, further, That a representative
of the inventory and be given a copy sample, duly weighed and recorded is
thereof; retained;
(2) Within twenty-four (24) hours (5) The Board shall then issue a
upon confiscation/seizure of dangerous sworn certification as to the fact of
drugs, plant sources of dangerous destruction or burning of the subject
drugs, controlled precursors and item/s which, together with the
essential chemicals, as well as representative sample/s in the custody
instruments/paraphernalia and/or of the PDEA, shall be submitted to the
laboratory equipment, the same shall court having jurisdiction over the case.
be submitted to the PDEA Forensic In all instances, the representative
Laboratory for a qualitative and sample/s shall be kept to a minimum
quantitative examination; quantity as determined by the Board;
(3) A certification of the forensic (6) The alleged offender or his/her
laboratory examination results, which representative or counsel shall be
shall be done under oath by the allowed to personally observe all of the
forensic laboratory examiner, shall be above proceedings and his/her
issued within twentyfour (24) hours presence shall not constitute an
after the receipt of the subject item/s: admission of guilt. In case the said
Provided, That when the volume of the offender or accused refuses or fails to
dangerous drugs, plant sources of appoint a representative after due
dangerous drugs, and controlled notice in writing to the accused or
precursors and essential chemicals his/her counsel within seventy-two (72)
does not allow the completion of hours before the actual burning or
testing within the time frame, a partial destruction of the evidence in
laboratory examination report shall be question, the Secretary of Justice shall
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appoint a member of the public finding for the use of dangerous drugs shall be
attorney's office to represent the a qualifying aggravating circumstance in the
former; commission of a crime by an offender, and the
(7) After the promulgation and application of the penalty provided for in the
judgment in the criminal case wherein Revised Penal Code shall be applicable.
the representative sample/s was
presented as evidence in court, the Section 26. Attempt or Conspiracy. – Any
trial prosecutor shall inform the Board attempt or conspiracy to commit the following
of the final termination of the case and, unlawful acts shall be penalized by the same
in turn, shall request the court for penalty prescribed for the commission of the
leave to turn over the said same as provided under this Act:
representative sample/s to the PDEA (a) Importation of any dangerous
for proper disposition and destruction drug and/or controlled precursor and
within twenty-four (24) hours from essential chemical;
receipt of the same; and (b) Sale, trading, administration,
(8) Transitory Provision: a) Within dispensation, delivery, distribution and
twentyfour (24) hours from the transportation of any dangerous drug
effectivity of this Act, dangerous drugs and/or controlled precursor and
defined herein which are presently in essential chemical;
possession of law enforcement (c) Maintenance of a den, dive or
agencies shall, with leave of court, be resort where any dangerous drug is
burned or destroyed, in the presence of used in any form;
representatives of the Court, DOJ, (d) Manufacture of any dangerous
Department of Health (DOH) and the drug and/or controlled precursor and
accused/and or his/her counsel, and, b) essential chemical; and
Pending the organization of the PDEA, (e) Cultivation or culture of plants
the custody, disposition, and burning which are sources of dangerous drugs.
or destruction of seized/surrendered
dangerous drugs provided under this Section 27. Criminal Liability of a Public
Section shall be implemented by the Officer or Employee for Misappropriation,
DOH. Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered
Section 22. Grant of Compensation, Reward Dangerous Drugs, Plant Sources of Dangerous
and Award. – The Board shall recommend to Drugs, Controlled Precursors and Essential
the concerned government agency the grant of Chemicals, Instruments/Paraphernalia and/or
compensation, reward and award to any person Laboratory Equipment Including the Proceeds
providing information and to law enforcers or Properties Obtained from the Unlawful Act
participating in the operation, which results in Committed. – The penalty of life imprisonment
the successful confiscation, seizure or to death and a fine ranging from Five hundred
surrender of dangerous drugs, plant sources of thousand pesos (P500,000.00) to Ten million
dangerous drugs, and controlled precursors pesos
and essential chemicals. (P10,000,000.00), in addition to absolute
perpetual disqualification from any public
Section 23. Plea-Bargaining Provision. – Any office, shall be imposed upon any public officer
person charged under any provision of this Act or employee who misappropriates, misapplies
regardless of the imposable penalty shall not or fails to account for confiscated, seized or
be allowed to avail of the provision on plea- surrendered dangerous drugs, plant sources of
bargaining. dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia
Section 24. Non-Applicability of the Probation and/or laboratory equipment including the
Law for Drug Traffickers and Pushers. – Any proceeds or properties obtained from the
person convicted for drug trafficking or pushing unlawful acts as provided for in this Act.
under this Act, regardless of the penalty Any elective local or national official found to
imposed by the Court, cannot avail of the have benefited from the proceeds of the
privilege granted by the Probation Law or trafficking of dangerous drugs as prescribed in
Presidential Decree No. 968, as amended. this Act, or have received any financial or
material contributions or donations from
Section 25. Qualifying Aggravating natural or juridical persons found guilty of
Circumstances in the Commission of a Crime trafficking dangerous drugs as prescribed in
by an Offender Under the Influence of this Act, shall be removed from office and
Dangerous Drugs. – Notwithstanding the perpetually disqualified from holding any
provisions of any law to the contrary, a positive elective or appointive positions in the
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government, its divisions, subdivisions, and regulation duly issued by the Board pursuant to
intermediaries, including government-owned or this Act, in addition to the administrative
–controlled corporations. sanctions imposed by the Board.

Section 28. Criminal Liability of Government Section 33. Immunity from Prosecution and
Officials and Employees. – The maximum Punishment. – Notwithstanding the provisions
penalties of the unlawful acts provided for in of Section 17, Rule 119 of the Revised Rules of
this Act shall be imposed, in addition to Criminal Procedure and the provisions of
absolute perpetual disqualification from any Republic Act No. 6981 or the Witness
public office, if those found guilty of such Protection, Security and Benefit Act of 1991,
unlawful acts are government officials and any person who has violated Sections 7, 11, 12,
employees. 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any
Section 29. Criminal Liability for Planting of violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Evidence. – Any person who is found guilty of Article II of this Act as well as any violation of
"planting" any dangerous drug and/or the offenses mentioned if committed by a drug
controlled precursor and essential chemical, syndicate, or any information leading to the
regardless of quantity and purity, shall suffer whereabouts, identities and arrest of all or any
the penalty of death. of the members thereof; and who willingly
testifies against such persons as described
Section 30. Criminal Liability of Officers of above, shall be exempted from prosecution or
Partnerships, Corporations, Associations or punishment for the offense with reference to
Other Juridical Entities. – In case any violation which his/her information of testimony were
of this Act is committed by a partnership, given, and may plead or prove the giving of
corporation, association or any juridical entity, such information and testimony in bar of such
the partner, president, director, manager, prosecution: Provided, That the following
trustee, estate administrator, or officer who conditions concur:
consents to or knowingly tolerates such (1) The information and testimony are
violation shall be held criminally liable as a co- necessary for the conviction of the persons
principal. described above;
The penalty provided for the offense under this (2) Such information and testimony are not
Act shall be imposed upon the partner, yet in the possession of the State; (3) Such
president, director, manager, trustee, estate information and testimony can be
administrator, or officer who knowingly corroborated on its material points; (4) the
authorizes, tolerates or consents to the use of a informant or witness has not been
vehicle, vessel, aircraft, equipment or other previously convicted of a crime involving
facility, as an instrument in the importation, moral turpitude, except when there is no
sale, trading, administration, dispensation, other direct evidence available for the
delivery, distribution, transportation or State other than the information and
manufacture of dangerous drugs, or chemical testimony of said informant or witness; and
diversion, if such vehicle, vessel, aircraft, (5) The informant or witness shall strictly
equipment or other instrument is owned by or and faithfully comply without delay, any
under the control or supervision of the condition or undertaking, reduced into
partnership, corporation, association or writing, lawfully imposed by the State as
juridical entity to which they are affiliated. further consideration for the grant of
immunity from prosecution and
Section 31. Additional Penalty if Offender is punishment. Provided, further, That this
an Alien. – In addition to the penalties immunity may be enjoyed by such
prescribed in the unlawful act committed, any informant or witness who does not appear
alien who violates such provisions of this Act to be most guilty for the offense with
shall, after service of sentence, be deported reference to which his/her information or
immediately without further proceedings, testimony were given: Provided, finally,
unless the penalty is death. That there is no direct evidence available
for the State except for the information and
Section 32. Liability to a Person Violating Any testimony of the said informant or witness.
Regulation Issued by the Board. – The penalty
of imprisonment ranging from six (6) months Section 34. Termination of the Grant of
and one (1) day to four (4) years and a fine Immunity. – The immunity granted to the
ranging from Ten thousand pesos (P10,000.00) informant or witness, as prescribed in Section
to Fifty thousand pesos (P50,000.00) shall be 33 of this Act, shall not attach should it turn out
imposed upon any person found violating any subsequently that the information and/or
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testimony is false, malicious or made only for (a) Applicants for driver's license. –
the purpose of harassing, molesting or in any No driver's license shall be issued or
way prejudicing the persons described in the renewed to any person unless he/she
preceding Section against whom such presents a certification that he/she has
information or testimony is directed against. In undergone a mandatory drug test and
such case, the informant or witness shall be indicating thereon that he/she is free
subject to prosecution and the enjoyment of all from the use of dangerous drugs;
rights and benefits previously accorded him (b) Applicants for firearm's license
under this Act or any other law, decree or order and for permit to carry firearms outside
shall be deemed terminated. In case an of residence. – All applicants for
informant or witness under this Act fails or firearm's license and permit to carry
refuses to testify without just cause, and when firearms outside of residence shall
lawfully obliged to do so, or should he/she undergo a mandatory drug test to
violate any condition accompanying such ensure that they are free from the use
immunity as provided above, his/her immunity of dangerous drugs: Provided, That all
shall be removed and he/she shall likewise be persons who by the nature of their
subject to contempt and/or criminal profession carry firearms shall undergo
prosecution, as the case may be, and the drug testing;
enjoyment of all rights and benefits previously (c) Students of secondary and
accorded him under this Act or in any other tertiary schools. – Students of
law, decree or order shall be deemed secondary and tertiary schools shall,
terminated. pursuant to the related rules and
In case the informant or witness referred to regulations as contained in the school's
under this Act falls under the applicability of student handbook and with notice to
this Section hereof, such individual cannot avail the parents, undergo a random drug
of the provisions under Article VIII of this Act. testing: Provided, That all drug testing
expenses whether in public or private
Section 35. Accessory Penalties. – A person schools under this Section will be borne
convicted under this Act shall be disqualified to by the government;
exercise his/her civil rights such as but not (d) Officers and employees of
limited to, the rights of parental authority or public and private offices. – Officers
guardianship, either as to the person or and employees of public and private
property of any ward, the rights to dispose of offices, whether domestic or overseas,
such property by any act or any conveyance shall be subjected to undergo a random
inter vivos, and political rights such as but not drug test as contained in the
limited to, the right to vote and be voted for. company's work rules and regulations,
Such rights shall also be suspended during the which shall be borne by the employer,
pendency of an appeal from such conviction. for purposes of reducing the risk in the
workplace. Any officer or employee
ARTICLE III found positive for use of dangerous
Dangerous Drugs Test and Record drugs shall be dealt with
Requirements administratively which shall be a
ground for suspension or termination,
Section 36. Authorized Drug Testing. – subject to the provisions of Article 282
Authorized drug testing shall be done by any of the Labor Code and pertinent
government forensic laboratories or by any of provisions of the Civil Service Law;
the drug testing laboratories accredited and (e) Officers and members of the
monitored by the DOH to safeguard the quality military, police and other law
of test results. The DOH shall take steps in enforcement agencies. – Officers and
setting the price of the drug test with DOH members of the military, police and
accredited drug testing centers to further other law enforcement agencies shall
reduce the cost of such drug test. The drug undergo an annual mandatory drug
testing shall employ, among others, two (2) test;
testing methods, the screening test which will (f) All persons charged before the
determine the positive result as well as the prosecutor's office with a criminal
type of the drug used and the confirmatory test offense having an imposable penalty of
which will confirm a positive screening test. imprisonment of not less than six (6)
Drug test certificates issued by accredited drug years and one (1) day shall have to
testing centers shall be valid for a one-year undergo a mandatory drug test; and
period from the date of issue which may be (g) All candidates for public office
used for other purposes. The following shall be whether appointed or elected both in
subjected to undergo drug testing:
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the national or local government shall implementation of this provision. The DOH shall
undergo a mandatory drug test. also accredit physicians who shall conduct the
In addition to the above stated drug dependency examination of a drug
penalties in this Section, those found dependent as well as the after-care and follow-
to be positive for dangerous drugs use up program for the said drug dependent. There
shall be subject to the provisions of shall be a control regulations, licensing and
Section 15 of this Act. accreditation division under the supervision of
the DOH for this purpose. For this purpose, the
Section 37. Issuance of False or Fraudulent DOH shall establish, operate and maintain drug
Drug Test Results. – Any person authorized, testing centers in government hospitals, which
licensed or accredited under this Act and its must be provided at least with basic
implementing rules to conduct drug technologically advanced equipment and
examination or test, who issues false or materials, in order to conduct the laboratory
fraudulent drug test results knowingly, willfully examination and tests herein provided, and
or through gross negligence, shall suffer the appoint such qualified and duly trained
penalty of imprisonment ranging from six (6) technical and other personnel as may be
years and one (1) day to twelve (12) years and necessary for the effective implementation of
a fine ranging from One hundred thousand this provision.
pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00). Section 40. Records Required for Transactions
An additional penalty shall be imposed through on Dangerous Drug and Precursors and
the revocation of the license to practice his/her Essential
profession in case of a practitioner, and the Chemicals. –
closure of the drug testing center. a) Every pharmacist dealing in
dangerous drugs and/or controlled
Section 38. Laboratory Examination or Test on precursors and essential chemicals
Apprehended/Arrested Offenders. – Subject to shall maintain and keep an original
Section 15 of this Act, any person apprehended record of sales, purchases, acquisitions
or arrested for violating the provisions of this and deliveries of dangerous drugs,
Act shall be subjected to screening laboratory indicating therein the following
examination or test within twenty-four (24) information:
hours, if the apprehending or arresting officer (1) License number and
has reasonable ground to believe that the address of the pharmacist;
person apprehended or arrested, on account of (2) Name, address and
physical signs or symptoms or other visible or license of the manufacturer,
outward manifestation, is under the influence importer or wholesaler from
of dangerous drugs. If found to be positive, the whom the dangerous drugs
results of the screening laboratory examination have been
or test shall be challenged within fifteen (15) purchased;
days after receipt of the result through a (3) Quantity and name of
confirmatory test conducted in any accredited the dangerous drugs purchased
analytical laboratory equipment with a gas or acquired;
chromatograph/mass spectrometry equipment (4) Date of acquisition or
or some such modern and accepted method, if purchase; (5) Name, address
confirmed the same shall be prima facie and community tax certificate
evidence that such person has used dangerous number of the buyer;
drugs, which is without prejudice for the (6) Serial number of the
prosecution for other violations of the prescription and the name of
provisions of this Act: Provided, That a positive the physician, dentist,
screening laboratory test must be confirmed veterinarian or practitioner
for it to be valid in a court of law. issuing the same; (7) Quantity
and name of the dangerous
Section 39. Accreditation of Drug Testing drugs sold or delivered; and
Centers and Physicians. – The DOH shall be (8) Date of sale or delivery. A
tasked to license and accredit drug testing certified true copy of such record
centers in each province and city in order to covering a period of six (6) months,
assure their capacity, competence, integrity duly signed by the pharmacist or the
and stability to conduct the laboratory owner of the drugstore, pharmacy or
examinations and tests provided in this Article, chemical establishment, shall be
and appoint such technical and other personnel forwarded to the Board within fifteen
as may be necessary for the effective (15) days following the last day of June
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and December of each year, with a
copy thereof furnished the city or ARTICLE IV
municipal health officer concerned. Participation of the Family, Students,
(b) A physician, dentist, Teachers and School Authorities in the
veterinarian or practitioner authorized Enforcement of this Act
to prescribe any dangerous drug shall
issue the prescription therefor in one Section 41. Involvement of the Family. – The
(1) original and two (2) duplicate family being the basic unit of the Filipino
copies. The original, after the society shall be primarily responsible for the
prescription has been filled, shall be education and awareness of the members of
retained by the pharmacist for a period the family on the ill effects of dangerous drugs
of one (1) year from the date of sale or and close monitoring of family members who
delivery of such drug. One (1) copy may be susceptible to drug abuse.
shall be retained by the buyer or by
the person to whom the drug is Section 42. Student Councils and Campus
delivered until such drug is consumed, Organizations. – All elementary, secondary and
while the second copy shall be retained tertiary schools' student councils and campus
by the person issuing the prescription. organizations shall include in their activities a
For purposes of this Act, all program for the prevention of and deterrence
prescriptions issued by physicians, in the use of dangerous drugs, and referral for
dentists, veterinarians or practitioners treatment and rehabilitation of students for
shall be written on forms exclusively drug dependence.
issued by and obtainable from the
DOH. Such forms shall be made of a Section 43. School Curricula. – Instruction on
special kind of paper and shall be drug abuse prevention and control shall be
distributed in such quantities and integrated in the elementary, secondary and
contain such information and other tertiary curricula of all public and private
data as the DOH may, by rules and schools, whether general, technical, vocational
regulations, require. Such forms shall or agro-industrial as well as in non-formal,
only be issued by the DOH through its informal and indigenous learning systems.
authorized employees to licensed Such instructions shall include:
physicians, dentists, veterinarians and (1) Adverse effects of the abuse and
practitioners in such quantities as the misuse of dangerous drugs on the
Board may authorize. In emergency person, the family, the school and the
cases, however, as the Board may community; (2) Preventive measures
specify in the public interest, a against drug abuse; (3) Health, socio-
prescription need not be accomplished cultural, psychological, legal and
on such forms. The prescribing economic dimensions and
physician, dentist, veterinarian or implications of the drug problem;
practitioner shall, within three (3) days (4) Steps to take when intervention
after issuing such prescription, inform on behalf of a drug dependent is
the DOH of the same in writing. No needed, as well as the services
prescription once served by the available for the treatment and
drugstore or pharmacy be reused nor rehabilitation of drug dependents; and
any prescription once issued be (5) Misconceptions about the use
refilled. of dangerous drugs such as, but not
(c) All manufacturers, wholesalers, limited to, the importance and safety of
distributors, importers, dealers and dangerous drugs for medical and
retailers of dangerous drugs and/or therapeutic use as well as the
controlled precursors and essential differentiation between medical
chemicals shall keep a record of all patients and drug dependents in order
inventories, sales, purchases, to avoid confusion and accidental
acquisitions and deliveries of the same stigmatization in the consciousness of
as well as the names, addresses and the students.
licenses of the persons from whom
such items were purchased or acquired Section 44. Heads, Supervisors, and Teachers
or to whom such items were sold or of Schools. – For the purpose of enforcing the
delivered, the name and quantity of provisions of Article II of this Act, all school
the same and the date of the heads, supervisors and teachers shall be
transactions. Such records may be deemed persons in authority and, as such, are
subjected anytime for review by the hereby empowered to apprehend, arrest or
Board. cause the apprehension or arrest of any person
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who shall violate any of the said provisions, Labor Sectors and the Department of
pursuant to Section 5, Rule 113 of the Rules of Labor and
Court. They shall be deemed persons in Employment
authority if they are in the school or within its
immediate vicinity, or even beyond such Section 47. Drug-Free Workplace. – It is
immediate vicinity if they are in attendance at deemed a policy of the State to promote drug-
any school or class function in their official free workplaces using a tripartite approach.
capacity as school heads, supervisors, and With the assistance of the Board, the
teachers. Department of Labor and Employment (DOLE)
Any teacher or school employee, who discovers shall develop, promote and implement a
or finds that any person in the school or within national drug abuse prevention program in the
its immediate vicinity is liable for violating any workplace to be adopted by private companies
of said provisions, shall have the duty to report with ten (10) or more employees. Such
the same to the school head or immediate program shall include the mandatory drafting
superior who shall, in turn, report the matter to and adoption of company policies against drug
the proper authorities. use in the workplace in close consultation and
Failure to do so in either case, within a coordination with the DOLE, labor and
reasonable period from the time of discovery of employer organizations, human resource
the violation shall, after due hearing, constitute development managers and other such private
sufficient cause for disciplinary action by the sector organizations.
school authorities. Section 48. Guidelines for the National Drug-
Free Workplace Program. – The Board and the
Section 45. Publication and Distribution of DOLE shall formulate the necessary guidelines
Materials on Dangerous Drugs. – With the for the implementation of the national drug-
assistance of the Board, the Secretary of the free workplace program. The amount necessary
Department of Education (DepEd), the for the implementation of which shall be
Chairman of the Commission on Higher included in the annual General Appropriations
Education (CHED) and the DirectorGeneral of Act.
the Technical Education and Skills Development
Authority (TESDA) shall cause the ARTICLE VI
development, publication and distribution of Participation of the Private and Labor
information and support educational materials Sectors in the Enforcement of
on dangerous drugs to the students, the this Act
faculty, the parents, and the community.
Section 49. Labor Organizations and the
Section 46. Special Drug Education Center. – Private Sector. – All labor unions, federations,
With the assistance of the Board, the associations, or organizations in cooperation
Department of the Interior and Local with the respective private sector partners
Government (DILG), the National Youth shall include in their collective bargaining or
Commission (NYC), and the Department of any similar agreements, joint continuing
Social Welfare and Development (DSWD) shall programs and information campaigns for the
establish in each of its provincial office a laborers similar to the programs provided
special education drug center for out-of-school under Section 47 of this Act with the end in
youth and street children. Such Center which view of achieving a drug free workplace.
shall be headed by the Provincial Social.
Welfare Development Officer shall sponsor drug Section 50. Government Assistance. – The
prevention programs and activities and labor sector and the respective partners may,
information campaigns with the end in view of in pursuit of the programs mentioned in the
educating the out-of-school youth and street preceding Section, secure the technical
children regarding the pernicious effects of assistance, such as but not limited to, seminars
drug abuse. The programs initiated by the and information dissemination campaigns of
Center shall likewise be adopted in all public the appropriate government and law
and private orphanage and existing special enforcement agencies.
centers for street children.
ARTICLE VII
ARTICLE V Participation of Local Government Units
Promotion of a National Drug-Free
Workplace Section 51. Local Government Units'
Program With the Participation of Private Assistance. – Local government units shall
and appropriate a substantial portion of their
respective annual budgets to assist in or
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enhance the enforcement of this Act giving dependency. Upon such application, the Board
priority to preventive or educational programs shall bring forth the matter to the Court which
and the rehabilitation or treatment of drug shall order that the applicant be examined for
dependents. drug dependency. If the examination by a DOH-
accredited physician results in the issuance of
Section 52. Abatement of Drug Related Public a certification that the applicant is a drug
Nuisances. – Any place or premises which have dependent, he/she shall be ordered by the
been used on two or more occasions as the site Court to undergo treatment and rehabilitation
of the unlawful sale or delivery of dangerous in a Center designated by the Board for a
drugs may be declared to be a public nuisance, period of not less than six (6) months:
and such nuisance may be abated, pursuant to Provided, That a drug dependent may be
the following procedures: placed under the care of a DOH-accredited
(1) Any city or municipality may, by physician where there is no Center near or
ordinance, create an administrative accessible to the residence of the drug
board to hear complaints regarding the dependent or where said drug dependent is
nuisances; (2) any employee, officer, or below eighteen (18) years of age and is a first-
resident of the city or municipality may time offender and nonconfinement in a Center
bring a complaint before the Board will not pose a serious danger to his/her family
after giving not less than three (3) days or the community.
written notice of such complaint to the Confinement in a Center for treatment and
owner of the place or premises at rehabilitation shall not exceed one (1) year,
his/her last known address; and (3) after which time the Court, as well as the
After hearing in which the Board may Board, shall be apprised by the head of the
consider any evidence, including treatment and rehabilitation center of the
evidence of the general reputation of status of said drug dependent and determine
the place or premises, and at which the whether further confinement will be for the
owner of the premises shall have an welfare of the drug dependent and his/her
opportunity to present evidence in family or the community.
his/her defense, the Board may declare
the place or premises to be a public Section 55. Exemption from the Criminal
nuisance. Liability Under the Voluntary Submission
Section 53. Effect of Board Declaration. – If Program. A drug dependent under the
the Board declares a place or premises to be a voluntary submission program, who is finally
public nuisance, it may declare an order discharged from confinement, shall be exempt
immediately prohibiting the conduct, operation, from the criminal liability under Section 15 of
or maintenance of any business or activity on this act subject to the following conditions:
the premises which is conducive to such (1) He/she has complied with the
nuisance. rules and regulations of the center, the
An order entered under this Section shall expire applicable rules and regulations of the
after one (1) year or at such earlier time as Board, including the after-care and
stated in the order. The Board may bring a follow-up program for at least eighteen
complaint seeking a permanent injunction (18) months following temporary
against any nuisance described under this discharge from confinement in the
Section. Center or, in the case of a dependent
This Article does not restrict the right of any placed under the care of the
person to proceed under the Civil Code against DOHaccredited physician, the after-
any public nuisance. care program and follow-up schedule
formulated by the DSWD and approved
ARTICLE VIII by the Board: Provided, That
Program for Treatment and Rehabilitation capability-building of local government
of Drug social workers shall be undertaken by
Dependents the DSWD;
(2) He/she has never been charged
Section 54. Voluntary Submission of a Drug or convicted of any offense punishable
Dependent to Confinement, Treatment and under this Act, the Dangerous Drugs
Rehabilitation. – A drug dependent or any Act of 1972 or Republic Act No. 6425,
person who violates Section 15 of this Act may, as amended; the Revised Penal Code,
by himself/herself or through his/her parent, as amended; or any special penal laws;
spouse, guardian or relative within the fourth (3) He/she has no record of escape
degree of consanguinity or affinity, apply to the from a Center: Provided, That had
Board or its duly recognized representative, for he/she escaped, he/she surrendered by
treatment and rehabilitation of the drug himself/herself or through his/her
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parent, spouse, guardian or relative second commitment to the Center under the
within the fourth degree of voluntary submission program, shall, upon
consanguinity or affinity, within one (1) recommendation of the Board, be charged for
week from the date of the said escape; violation of Section 15 of this Act and
and (4) He/she poses no serious prosecuted like any other offender. If convicted,
danger to himself/herself, his/her he/she shall be credited for the period of
family or the community by his/her confinement and rehabilitation in the Center in
exemption from criminal liability. the service of his/her sentence.

Section 56. Temporary Release From the Section 59. Escape and Recommitment for
Center; After-Care and Follow-Up Treatment Confinement and Rehabilitation Under the
Under the Voluntary Submission Program. – Voluntary Submission Program. – Should a drug
Upon certification of the Center that the drug dependent under the voluntary submission
dependent within the voluntary submission program escape from the Center, he/she may
program may be temporarily released, the submit himself/herself for recommitment within
Court shall order his/her release on condition one (1) week therefrom, or his/her parent,
that said drug dependent shall report to the spouse, guardian or relative within the fourth
DOH for after-care and follow-up treatment, degree of consanguinity or affinity may, within
including urine testing, for a period not said period, surrender him for recommitment,
exceeding eighteen (18) months under such in which case the corresponding order shall be
terms and conditions that the Court may issued by the Board.
impose. If during the period of after-care and Should the escapee fail to submit
follow-up, the drug dependent is certified to be himself/herself or be surrendered after one (1)
rehabilitated, he/she may be discharged by the week, the Board shall apply to the court for a
Court, subject to the provisions of Section 55 of recommitment order upon proof of previous
this Act, without prejudice to the outcome of commitment or his/her voluntary submission by
any pending case filed in court. the Board, the court may issue an order for
However, should the DOH find that during the recommitment within one (1) week. If,
initial after-care and follow-up program of subsequent to a recommitment, the dependent
eighteen (18) months, the drug dependent once again escapes from confinement, he/she
requires further treatment and rehabilitation in shall be charged for violation of Section 15 of
the Center, he/she shall be recommitted to the this Act and he subjected under section 61 of
Center for confinement. Thereafter, he/she may this Act, either upon order of the Board or upon
again be certified for temporary release and order of the court, as the case may be.
ordered released for another after-care and
follow-up program pursuant to this Section. Section 60. Confidentiality of Records Under
the Voluntary Submission Program. – Judicial
Section 57. Probation and Community Service and medical records of drug dependents under
Under the Voluntary Submission Program. – A the voluntary submission program shall be
drug dependent who is discharged as confidential and shall not be used against him
rehabilitated by the DOH-accredited Center for any purpose, except to determine how
through the voluntary submission program, but many times, by himself/herself or through
does not qualify for exemption from criminal his/her parent, spouse, guardian or relative
liability under Section 55 of this Act, may be within the fourth degree of consanguinity or
charged under the provisions of this Act, but affinity, he/she voluntarily submitted
shall be placed on probation and undergo a himself/herself for confinement, treatment and
community service in lieu of imprisonment rehabilitation or has been committed to a
and/or fine in the discretion of the court, Center under this program.
without prejudice to the outcome of any
pending case filed in court. Such drug Section 61. Compulsory Confinement of a
dependent shall undergo community service as Drug Dependent Who Refuses to Apply Under
part of his/her after-care and follow-up the Voluntary Submission Program. –
program, which may be done in coordination Notwithstanding any law, rule and regulation to
with nongovernmental civil organizations the contrary, any person determined and found
accredited by the DSWD, with the to be dependent on dangerous drugs shall,
recommendation of the Board. upon petition by the Board or any of its
authorized representative, be confined for
Section 58. Filing of Charges Against a Drug treatment and rehabilitation in any Center duly
Dependent Who is Not Rehabilitated Under the designated or accredited for the purpose. A
Voluntary Submission Program. – A drug petition for the confinement of a person alleged
dependent, who is not rehabilitated after the to be dependent on dangerous drugs to a
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Center may be filed by any person authorized Thereafter, his/her prosecution for any offense
by the Board with the Regional Trial Court of punishable by law shall be instituted or shall
the province or city where such person is continue, as the case may be. In case of
found. conviction, the judgment shall, if the accused is
After the petition is filed, the court, by an order, certified by the treatment and rehabilitation
shall immediately fix a date for the hearing, center to have maintained good behavior,
and a copy of such order shall be served on the indicate that he/she shall be given full credit for
person alleged to be dependent on dangerous the period he/she was confined in the Center:
drugs, and to the one having charge of him. Provided, however, That when the offense is for
If after such hearing and the facts so warrant, violation of Section 15 of this Act and the
the court shall order the drug dependent to be accused is not a recidivist, the penalty thereof
examined by two (2) physicians accredited by shall be deemed to have been served in the
the Board. If both physicians conclude that the Center upon his/her release therefrom after
respondent is not a drug dependent, the court certification by the Center and the Board that
shall order his/her discharge. If either physician he/she is rehabilitated.
finds him to be a dependent, the court shall
conduct a hearing and consider all relevant Section 63. Prescription of the Offense
evidence which may be offered. If the court Charged Against a Drug Dependent Under the
finds him a drug dependent, it shall issue an Compulsory Submission Program. – The period
order for his/her commitment to a treatment of prescription of the offense charged against a
and rehabilitation center under the supervision drug dependent under the compulsory
of the DOH. In any event, the order of submission program shall not run during the
discharge or order of confinement or time that the drug dependent is under
commitment shall be issued not later than confinement in a Center or otherwise under the
fifteen (15) days from the filing of the treatment and rehabilitation program approved
appropriate petition. by the Board.
Upon certification of the Center that he/she
Section 62. Compulsory Submission of a Drug may temporarily be discharged from the said
Dependent Charged with an Offense to Center, the court shall order his/her release on
Treatment and Rehabilitation. – If a person condition that he/she shall report to the Board
charged with an offense where the imposable through the DOH for after-care and follow-up
penalty is imprisonment of less than six (6) treatment for a period not exceeding eighteen
years and one (1) day, and is found by the (18) months under such terms and conditions
prosecutor or by the court, at any stage of the as may be imposed by the Board. If at anytime
proceedings, to be a drug dependent, the during the after-care and follow-up period, the
prosecutor or the court as the case may be, Board certifies to his/her complete
shall suspend all further proceedings and rehabilitation, the court shall order his/her final
transmit copies of the record of the case to the discharge from confinement and order for the
Board. immediate resumption of the trial of the case
In the event he Board determines, after for which he/she is originally charged. Should
medical examination, that public interest the Board through the DOH find at anytime
requires that such drug dependent be during the aftercare and follow-up period that
committed to a center for treatment and he/she requires further treatment and
rehabilitation, it shall file a petition for his/her rehabilitation, it shall report to the court, which
commitment with the regional trial court of the shall order his/her recommitment to the Center.
province or city where he/she is being Should the drug dependent, having been
investigated or tried: Provided, That where a committed to a Center upon petition by the
criminal case is pending in court, such petition Board escape therefrom, he/she may resubmit
shall be filed in the said court. The court shall himself/herself for confinement within one (1)
take judicial notice of the prior proceedings in week from the date of his/her escape; or
the case and shall proceed to hear the petition. his/her parent, spouse, guardian or relative
If the court finds him to be a drug dependent, it within the fourth degree of consanguinity or
shall order his/her commitment to a Center for affinity may, within the same period, surrender
treatment and rehabilitation. The head of said him for recommitment. If, however, the drug
Center shall submit to the court every four (4) dependent does not resubmit himself/herself
months, or as often as the court may require, a for confinement or he/she is not surrendered
written report on the progress of the treatment. for recommitment, the Board may apply with
If the dependent is rehabilitated, as certified by the court for the issuance of the recommitment
the center and the Board, he/she shall be order. Upon proof of previous commitment, the
returned to the court, which committed him, for court shall issue an order for recommitment. If,
his/her discharge therefrom. subsequent to such recommitment, he/she
should escape again, he/she shall no longer be
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exempt from criminal liability for use of any conditions that the court may impose for a
dangerous drug. period ranging from six (6) months to eighteen
A drug dependent committed under this (18) months.
particular Section who is finally discharged Upon recommendation of the Board, the court
from confinement shall be exempt from may commit the accused under suspended
criminal liability under Section 15 of this Act, sentence to a Center, or to the care of a DOH-
without prejudice to the outcome of any accredited physician for at least six (6) months,
pending case filed in court. On the other hand, with after-care and follow-up program for not
a drug dependent who is not rehabilitated after more than eighteen (18) months.
a second commitment to the Center shall, upon In the case of minors under fifteen (15) years of
conviction by the appropriate court, suffer the age at the time of the commission of any
same penalties provided for under Section 15 offense penalized under this Act, Article 192 of
of this Act again without prejudice to the Presidential Decree No. 603, otherwise known
outcome of any pending case filed in court. as the Child and Youth Welfare Code, as
amended by Presidential Decree No. 1179 shall
Section 64. Confidentiality of Records Under apply, without prejudice to the application of
the Compulsory Submission Program. – The the provisions of this Section.
records of a drug dependent who was
rehabilitated and discharged from the Center Section 67. Discharge After Compliance with
under the compulsory submission program, or Conditions of Suspended Sentence of a First-
who was charged for violation of Section 15 of Time Minor Offender. – If the accused first time
this Act, shall be covered by Section 60 of this minor offender under suspended sentence
Act. However, the records of a drug dependent complies with the applicable rules and
who was not rehabilitated, or who escaped but regulations of the Board, including confinement
did not surrender himself/herself within the in a Center, the court, upon a favorable
prescribed period, shall be forwarded to the recommendation of the Board for the final
court and their use shall be determined by the discharge of the accused, shall discharge the
court, taking into consideration public interest accused and dismiss all proceedings.
and the welfare of the drug dependent. Upon the dismissal of the proceedings against
the accused, the court shall enter an order to
Section 65. Duty of the Prosecutor in the expunge all official records, other than the
Proceedings. – It shall be the duty of the confidential record to be retained by the DOJ
provincial or the city prosecutor or their relating to the case. Such an order, which shall
assistants or state prosecutors to prepare the be kept confidential, shall restore the accused
appropriate petition in all proceedings arising to his/her status prior to the case. He/she shall
from this Act. not be held thereafter to be guilty of perjury or
of concealment or misrepresentation by reason
Section 66. Suspension of Sentence of a First- of his/her failure to acknowledge the case or
Time Minor Offender. – An accused who is over recite any fact related thereto in response to
fifteen (15) years of age at the time of the any inquiry made of him for any purpose.
commission of the offense mentioned in
Section 11 of this Act, but not more than Section 68. Privilege of Suspended Sentence
eighteen (18) years of age at the time when to be Availed of Only Once by a First-Time
judgment should have been promulgated after Minor Offender. – The privilege of suspended
having been found guilty of said offense, may sentence shall be availed of only once by an
be given the benefits of a suspended sentence, accused drug dependent who is a first-time
subject to the following conditions: offender over fifteen (15) years of age at the
(a) He/she has not been previously time of the commission of the violation of
convicted of violating any provision of Section 15 of this Act but not more than
this Act, or of the Dangerous Drugs Act eighteen (18) years of age at the time when
of 1972, as amended; or of the Revised judgment should have been promulgated.
Penal Code; or of any special penal
laws; Section 69. Promulgation of Sentence for
(b) He/she has not been previously First-Time Minor Offender. – If the accused first-
committed to a Center or to the care of time minor offender violates any of the
a DOH-accredited physician; and (c) conditions of his/her suspended sentence, the
The Board favorably recommends that applicable rules and regulations of the Board
his/her sentence be suspended. exercising supervision and rehabilitative
While under suspended sentence, he/she shall surveillance over him, including the rules and
be under the supervision and rehabilitative regulations of the Center should confinement
surveillance of the Board, under such be required, the court shall pronounce
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judgment of conviction and he/she shall serve possession of said records, whether lawfully or
sentence as any other convicted person. not, reveals their content to any person other
than those charged with the prosecution of the
Section 70. Probation or Community Service offenses under this Act and its implementation.
for a First-Time Minor Offender in Lieu of The maximum penalty shall be imposed, in
Imprisonment. – Upon promulgation of the addition to absolute perpetual disqualification
sentence, the court may, in its discretion, place from any public office, when the offender is a
the accused under probation, even if the government official or employee. Should the
sentence provided under this Act is higher than records be used for unlawful purposes, such as
that provided under existing law on probation, blackmail of the drug dependent or the
or impose community service in lieu of members of his/her family, the penalty
imprisonment. In case of probation, the imposed for the crime of violation of
supervision and rehabilitative surveillance shall confidentiality shall be in addition to whatever
be undertaken by the Board through the DOH crime he/she may be convicted of.
in coordination with the Board of Pardons and
Parole and the Probation Administration. Upon Section 73. Liability of a Parent, Spouse or
compliance with the conditions of the Guardian Who Refuses to Cooperate with the
probation, the Board shall submit a written Board or any Concerned Agency. – Any parent,
report to the court recommending termination spouse or guardian who, without valid reason,
of probation and a final discharge of the refuses to cooperate with the Board or any
probationer, whereupon the court shall issue concerned agency in the treatment and
such an order. rehabilitation of a drug dependent who is a
The community service shall be complied with minor, or in any manner, prevents or delays the
under conditions, time and place as may be after-care, follow-up or other programs for the
determined by the court in its discretion and welfare of the accused drug dependent,
upon the recommendation of the Board and whether under voluntary submission program
shall apply only to violators of Section 15 of or compulsory submission program, may be
this Act. The completion of the community cited for contempt by the court.
service shall be under the supervision and
rehabilitative surveillance of the Board during Section 74. Cost-Sharing in the Treatment and
the period required by the court. Thereafter, Rehabilitation of a Drug Dependent. – The
the Board shall render a report on the manner parent, spouse, guardian or any relative within
of compliance of said community service. The the fourth degree of consanguinity of any
court in its discretion may require extension of person who is confined under the voluntary
the community service or order a final submission program or compulsory submission
discharge. In both cases, the judicial records program shall be charged a certain percentage
shall be covered by the provisions of Sections of the cost of his/her treatment and
60 and 64 of this Act. If the sentence rehabilitation, the guidelines of which shall be
promulgated by the court requires formulated by the DSWD taking into
imprisonment, the period spent in the Center consideration the economic status of the family
by the accused during the suspended sentence of the person confined. The guidelines therein
period shall be deducted from the sentence to formulated shall be implemented by a social
be served. worker of the local government unit.

Section 71. Records to be kept by the Section 75. Treatment and Rehabilitation
Department of Justice. – The DOJ shall keep a Centers. – The existing treatment and
confidential record of the proceedings on rehabilitation centers for drug dependents
suspension of sentence and shall not be used operated and maintained by the NBI and the
for any purpose other than to determine PNP shall be operated, maintained and
whether or not a person accused under this Act managed by the DOH in coordination with
is a first-time minor offender. other concerned agencies. For the purpose of
enlarging the network of centers, the Board
Section 72. Liability of a Person Who Violates through the DOH shall encourage, promote or
the Confidentiality of Records. – The penalty of whenever feasible, assist or support in the
imprisonment ranging from six (6) months and establishment, operations and maintenance of
one (1) day to six (6) years and a fine ranging private centers which shall be eligible to
from One thousand pesos (P1,000.00) to Six receive grants, donations or subsidy from
thousand pesos (P6,000.00), shall be imposed either government or private sources. It shall
upon any person who, having official custody of also support the establishment of government-
or access to the confidential records of any operated regional treatment and rehabilitation
drug dependent under voluntary submission centers depending upon the availability of
programs, or anyone who, having gained funds. The national government, through its
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appropriate agencies shall give priority funding
for the increase of subsidy to existing Section 77. The Dangerous Drugs Board. –
government drug rehabilitation centers, and The Board shall be the policy-making and
shall establish at least one (1) drug strategy-formulating body in the planning and
rehabilitation center in each province, formulation of policies and programs on drug
depending on the availability of funds. prevention and control. It shall develop and
adopt a comprehensive, integrated, unified and
Section 76. The Duties and Responsibilities of balanced national drug abuse prevention and
the Department of health (DOH) Under this Act. control strategy. It shall be under the Office of
– The DOH shall: the President.
(1) Oversee the monitor the
integration, coordination and Section 78. Composition of the Board. – The
supervision of all drug rehabilitation, Board shall be composed of seventeen (17)
intervention, after-care and follow-up members wherein three (3) of which are
programs, projects and activities as permanent members, the other twelve (12)
well as the establishment, operations, members shall be in an ex officio capacity and
maintenance and management of the two (2) shall be regular members.
privatelyowned drug treatment The three (3) permanent members, who shall
rehabilitation centers and drug testing possess at least seven-year training and
networks and laboratories throughout experience in the field of dangerous drugs and
the country in coordination with the in any of the following fields: in law, medicine,
DSWD and other agencies; criminology, psychology or social work, shall be
(2) License, accredit, establish and appointed by the President of the Philippines.
maintain drug test network and The President shall designate a Chairman, who
laboratory, initiate, conduct and shall have the rank of a secretary from among
support scientific research on drugs the three (3) permanent members who shall
and drug control; (3) Encourage, assist serve for six (6) years. Of the two (2) other
and accredit private centers, members, who shall both have the rank of
promulgate rules and regulations undersecretary, one (1) shall serve for four (4)
setting minimum standards for their years and the other for two (2) years.
accreditation to assure their Thereafter, the persons appointed to succeed
competence, integrity and stability; such members shall hold office for a term of six
(4) Prescribe and promulgate rules and (6) years and until their successors shall have
regulations governing the been duly appointed and qualified.
establishment of such Centers as it The other twelve (12) members who shall be
may deem necessary after conducting ex officio members of the Board are the
a feasibility study thereof; (5) The DOH following:
shall, without prejudice to the criminal (1) Secretary of the Department of
prosecution of those found guilty of Justice or his/her representative;
violating this Act, order the closure of a (2) Secretary of the Department of
Center for treatment and rehabilitation Health or his/her representative; (3)
of drug dependency when, after Secretary of the Department of
investigation it is found guilty of National Defense or his/her
violating the provisions of this Act or representative; (4) Secretary of the
regulations issued by the Board; and Department of Finance or his/her
(6) Charge reasonable fees for drug representative;
dependency examinations, other (5) Secretary of the Department of
medical and legal services provided to Labor and Employment or his/her
the public, which shall accrue to the representative; (6) Secretary of the
Board. All income derived from these Department of the Interior and Local
sources shall be part of the funds Government or his/her representative;
constituted as special funds for the (7) Secretary of the Department of
implementation of this Act under Social Welfare and Development or
Section 87. his/her
representative;
(8) Secretary of the Department of
Foreign Affairs or his/her
ARTICLE IX representative;
Dangerous Drugs Board and Philippine (9) Secretary of the Department of
Drug Education or his/her representative;
Enforcement Agency
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(10) Chairman of the Commission on supervision of the Executive Director. It shall be
Higher composed of the following divisions, namely:
Education or his/her representative; Policy Studies, Research and Statistics;
(11) Chairman of the National Youth Preventive Education, Training and Information;
Commission; Legal Affairs; and the Administrative and
(12) Director General of the Philippine Financial Management.
Drug Enforcement Agency. Section 81. Powers and Duties of the Board. –
Cabinet secretaries who are members of the The Board shall:
Board may designate their duly authorized and (a) Formulate, develop and
permanent representatives whose ranks shall establish a comprehensive, integrated,
in no case be lower than undersecretary. unified and balanced national drug use
The two (2) regular members shall be as prevention and control strategy;
follows: (a) The president of the (b) Promulgate such rules and
Integrated Bar of the Philippines; and regulations as may be necessary to
(b) The chairman or president of a carry out the purposes of this Act,
nongovernment organization involved including the manner of safekeeping,
in dangerous drug campaign to be disposition, burning or condemnation
appointed by the President of the of any dangerous drug and/or
Philippines. controlled precursor and essential
The Director of the NBI and the Chief of the PNP chemical under its charge and custody,
shall be the permanent consultants of the and prescribe administrative remedies
Board, and shall attend all the meetings of the or sanctions for the violations of such
Board. All members of the Board as well as its rules and regulations; (c) Conduct
permanent consultants shall receive a per diem policy studies, program monitoring and
for every meeting actually attended subject to evaluations and other researches on
the pertinent budgetary laws, rules and drug prevention, control and
regulations on compensation, honoraria and enforcement;
allowances: Provided, That where the (d) Initiate, conduct and support
representative of an ex officio member or of scientific, clinical, social, psychological,
the permanent consultant of the Board attends physical and biological researches on
a meeting in behalf of the latter, such dangerous drugs and dangerous drugs
representative shall be entitled to receive the prevention and control measures;
per diem. (e) Develop an educational
Section 79. Meetings of the Board. – The program and information drive on the
Board shall meet once a week or as often as hazards and prevention of illegal use of
necessary at the discretion of the Chairman or any dangerous drug and/or controlled
at the call of any four (4) other members. The precursor and essential chemical
presence of nine (9) members shall constitute a based on factual data, and
quorum. Section 80. Secretariat of the Board. disseminate the same to the general
– The Board shall recommend to the President public, for which purpose the Board
of the Philippines the appointment of an shall endeavor to make the general
Executive Director, with the rank of an public aware of the hazards of any
undersecretary, who shall be the Secretary of dangerous drugs and/or controlled
the Board and administrative officer of its precursor and essential chemical by
secretariat, and shall perform such other duties providing among others, literature,
that may be assigned to him/her. He/she must films, displays or advertisements and
possess adequate knowledge, training and by coordinating with all institutions of
experience in the field of dangerous drugs, and learning as well as with all national and
in any of the following fields: law enforcement, local enforcement agencies in planning
law, medicine, criminology, psychology or and conducting its educational
social work. campaign programs to be
Two deputies executive director, for implemented by the appropriate
administration and operations, with the ranks government agencies; (f) Conduct
of assistant secretary, shall be appointed by continuing seminars for, and
the President upon recommendation of the consultations with, and provide
Board. They shall possess the same information materials to judges and
qualifications as those of the executive director. prosecutors in coordination with the
They shall receive a salary corresponding to Office of the Court Administrator, in
their position as prescribed by the Salary the case of judges, and the DOJ, in the
Standardization Law as a Career Service case of prosecutors, which aim to
Officer. The existing secretariat of the Board provide them with the current
shall be under the administrative control and developments and programs of the
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Board pertinent to its campaign chemicals and such other statistical
against dangerous drugs and its data on said drugs as may be
scientific researches on dangerous periodically required by the United
drugs, its prevention and control Nations Narcotics Drug Commission,
measures; the World Health Organization and
(g) Design special trainings in order to other international organizations in
provide law enforcement officers, members of consonance with the country's
the judiciary, and prosecutors, school international commitments;
authorities and personnel of centers with (n) Develop and maintain
knowledge and know-how in dangerous drugs international networking coordination
and/or controlled precursors and essential with international drug control
chemicals control in coordination with the agencies and organizations, and
Supreme Court to meet the objectives of the implement the provisions of
national drug control programs; international conventions and
(h) Design and develop, in consultation agreements thereon which have been
and coordination with the DOH, DSWD and adopted and approved by the
other agencies involved in drugs Congress of the
control, treatment and rehabilitation, Philippines;
both public and private, a national treatment (o) Require all government and
and rehabilitation program for drug dependents private hospitals, clinics, doctors,
including a standard dentists and other practitioners to
aftercare and community service submit a report to it, in coordination
program for recovering drug dependents; (i) with the PDEA, about all dangerous
Design and develop, jointly with the DOLE and drugs and/or controlled precursors and
in consultation with labor and employer groups essential chemicals-related cases to
as well as nongovernment organizations a drug which they have attended for statistics
abuse prevention program in the workplace and research purposes; (p) Receive in
that would include a provision for employee trust legacies, gifts and donations of
assistance programs for emotionally- real and personal properties of all
stressed employees; kinds, to administer and dispose the
(j) Initiate and authorize closure same when necessary for the benefit
proceedings against non-accredited and/or of government and private
substandard rehabilitation centers based on rehabilitation centers subject to
verified reports of human rights violations, limitations, directions and instructions
subhuman conditions, inadequate medical from the donors, if any; (q) Issue
training and assistance and excessive fees for guidelines as to the approval or
implementation by the PDEA; (k) Prescribe and disapproval of applications for
promulgate rules and regulations governing the voluntary treatment, rehabilitation or
establishment of such centers, networks and confinement, wherein it shall issue the
laboratories as deemed necessary after necessary guidelines, rules and
conducting a feasibility study in coordination regulations pertaining to the
with the DOH and other government agencies; application and its enforcement; (r)
(l) Receive, gather, collect and evaluate all Formulate guidelines, in coordination
information on the importation, with other government agencies, the
exportation, production, manufacture, sale, importation, distribution, production,
stocks, seizures of and the estimated need for
manufacture, compounding,
any dangerous drug and/or controlled precursor
prescription, dispensing and sale of,
and essential chemical, for which purpose the
and other lawful acts in connection
Board may require from any official,
with any dangerous drug, controlled
instrumentality or agency of the government or
precursors and essential chemicals
any private person or enterprise dealing in, or
and other similar or analogous
engaged in activities having to do with any
substances of such kind and in such
dangerous drug and/or controlled precursors
quantity as it may deem necessary
and essential chemicals such data
or information as it may need to according to the medical and research
implement this Act; needs or requirements of the country
(m) Gather and prepare detailed including diet pills containing
statistics on the importation, ephedrine and other addictive
exportation, manufacture, chemicals and determine the quantity
stocks, seizures of and estimates need and/or quality of dangerous drugs and
for any dangerous drug and/or controlled precursors and essential
controlled precursors and essential chemicals to be imported,
manufactured and held in stock at any
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given time by authorized importer, precursor and essential chemical as provided in
manufacturer or this Act.
distributor of such drugs; The PDEA shall be headed by a Director
(s) Develop the utilization of a General with the rank of Undersecretary, who
controlled delivery scheme in shall be responsible for the general
addressing the transshipment of administration and management of the Agency.
dangerous drugs into and out of the The Director General of the PDEA shall be
country to neutralize transnational appointed by the President of the Philippines
crime syndicates involved in illegal and shall perform such other duties that may
trafficking of any dangerous drugs be assigned to him/her. He/she must possess
and/or controlled precursors and adequate knowledge, training and experience
essential chemicals; in the field of dangerous drugs, and in any of
(t) Recommend the revocation of the following fields: law enforcement, law,
the professional license of any medicine, criminology, psychology or social
practitioner who is an owner, co-owner, work.
lessee, or in the employ of the drug The Director General of the PDEA shall be
establishment, or manager of a assisted in the performance of his/her duties
partnership, corporation, association, and responsibilities by two (2) deputies director
or any juridical entity owning and/or general with the rank of Assistant Secretary;
controlling such drug establishment, one for Operations and the other one for
and who knowingly participates in, or Administration. The two (2) deputies director
consents to, tolerates, or abets the general shall likewise be appointed by the
commission of the act of violations as President of the Philippines upon
indicated in the preceding paragraph, recommendation of the Board. The two (2)
all without prejudice to the criminal deputies director general shall possess the
prosecution of the person responsible same qualifications as those of the Director
for the said violation; General of the PDEA. The Director General and
(u) Appoint such technical, the two (2) deputies director general shall
administrative and other personnel as receive the compensation and salaries as
may be necessary for the effective prescribed by law.
implementation of this Act, subject to Section 83. Organization of the PDEA. – The
the Civil Service Law and its rules and present Secretariat of the National Drug Law
regulations; Enforcement and Prevention Coordinating
(v) Establish a regular and Center as created by Executive Order No. 61
continuing consultation with concerned shall be accordingly modified and absorbed by
government agencies and medical the PDEA.
professional organizations to determine The Director General of the PDEA shall be
if balance exists in policies, procedures, responsible for the necessary changes in the
rules and regulations on dangerous organizational set-up which shall be submitted
drugs and to provide recommendations to the Board for approval.
on how the lawful use of dangerous For purposes of carrying out its duties and
drugs can be improved and facilitated; powers as provided for in the succeeding
and Section of this Act, the PDEA shall have the
(w) Submit an annual and periodic following Services, namely: Intelligence and
reports to the President, the Congress Investigation; International Cooperation and
of the Philippines and the Senate and Foreign Affairs; Preventive Education and
House of Representatives committees Community Involvement; Plans and Operations;
concerned as may be required from Compliance; Legal and Prosecution;
time to time, and perform such other Administrative and Human Resource; Financial
functions as may be authorized or Management; Logistics Management; and
required under existing laws and as Internal
directed by the President Affairs.
himself/herself or as recommended by The PDEA shall establish and maintain regional
the congressional committees offices in the different regions of the country
concerned. which shall be responsible for the
Section 82. Creation of the Philippine Drug implementation of this Act and the policies,
Enforcement Agency (PDEA). – To carry out the programs, and projects of said agency in their
provisions of this Act, the PDEA, which serves respective regions. Section 84. Powers and
as the implementing arm of the Board, and Duties of the PDEA. – The PDEA shall:
shall be responsible for the efficient and (a) Implement or cause the efficient and
effective law enforcement of all the provisions effective implementation of the national drug
on any dangerous drug and/or controlled control strategy formulated by the Board
 CRIMINAL LAW REVIEWER

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thereby carrying out a national drug campaign importation of dangerous drugs and/or
program which shall include drug law controlled precursors and essential
enforcement, control and prevention campaign chemicals, through on-line or cyber shops via
with the assistance of concerned government the internet or cyberspace;
agencies; (j) Conduct eradication programs to
(b) Undertake the enforcement of the destroy wild or illegal growth of plants from
provisions of Article II of this Act relative to the which dangerous drugs may be extracted;
unlawful acts and penalties involving any (k) Initiate and undertake the formation of
dangerous drug and/or controlled precursor a nationwide organization which shall
and essential chemical and investigate all coordinate and supervise all activities against
violators and other matters involved in the drug abuse in every province, city, municipality
commission of any crime relative to the use, and barangay with the active and direct
abuse or trafficking of any dangerous drug participation of all such local government units
and/or controlled precursor and essential and nongovernmental organizations, including
chemical as provided for in this Act and the the citizenry, subject to the provisions of
provisions of Presidential Decree No. 1619; previously formulated programs of action
(c) Administer oath, issue subpoena and against dangerous drugs;
subpoena duces tecum relative to the conduct (l) Establish and maintain a national drug
of investigation involving the violations of this intelligence system in cooperation with law
Act; enforcement agencies, other government
(d) Arrest and apprehend as well as search agencies/offices and local government units
all violators and seize or confiscate, the effects that will assist in its apprehension of bigtime
or proceeds of the crimes as provided by law drug lords;
and take custody thereof, for this purpose the (m) Establish and maintain
prosecutors and enforcement agents are close coordination, cooperation and
authorized to possess firearms, in accordance linkages with international drug control
with and administration agencies and
existing laws; organizations, and implement the applicable
(e) Take charge and have custody of all provisions of international conventions and
dangerous drugs and/or controlled precursors agreements related to dangerous drugs to
and essential chemicals seized, confiscated or which the
surrendered to any national, provincial or local Philippines is a signatory;
law enforcement agency, if no longer needed (n) Create and maintain an efficient special
for purposes of enforcement unit to conduct
evidence in court; an investigation, file charges and
(f) Establish forensic laboratories in each transmit evidence to the proper court, wherein
PNP office in every province and city in order to members of the said unit shall possess suitable
facilitate action on seize or confiscated drugs, and adequate firearms for their protection in
thereby hastening its destruction without connection with the performance of their
delay; duties: Provided, That no previous special
permit for such
(g) Recommend to the DOJ the forfeiture of
properties and other assets of persons and/or possession shall be required;
corporations found to be violating the (o) Require all government and private
provisions of this Act and in accordance with hospitals, clinics, doctors, dentists and other
the pertinent provisions of the AntiMoney- practitioners to submit a report to it, in
Laundering Act of 2001; coordination with the Board, about all
(h) Prepare for prosecution or cause the dangerous drugs and/or controlled precursors
filing of appropriate criminal and civil cases for and essential chemicals which they have
violation of all laws on dangerous drugs, attended to for data and information purposes;
controlled precursors and (p) Coordinate with the Board for the
essential chemicals, and other similar facilitation of the issuance of necessary
controlled substances, and assist, support guidelines, rules and regulations for the proper
and coordinate with other government implementation of this Act;
agencies for the proper and effective (q) Initiate and undertake a national
prosecution of the same; campaign for drug prevention and drug control
(i) Monitor and if programs, where it may enlist the assistance of
warranted by circumstances, in any department, bureau, office, agency or
coordination with the Philippine Postal Office instrumentality of the government, including
and the Bureau of Customs, inspect all air government-owned and or –controlled
cargo packages, parcels and mails in the corporations, in the antiillegal drugs drive,
central post office, which appear from the which may include the use of their respective
package and address itself to be a possible personnel, facilities, and resources for a more
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resolute detection and investigation of drug- Nothing in this Act shall mean a diminution of
related crimes and prosecution of the drug the investigative powers of the NBI and the PNP
traffickers; and (r) Submit an annual and on all other crimes as provided for in their
periodic reports to the Board as may be respective organic laws: Provided, however,
required from time to time, and perform such That when the investigation being conducted
other functions as may be authorized or by the NBI, PNP or any ad hoc anti-drug task
required under existing laws and as directed by force is found to be a violation of any of the
the President himself/herself or as provisions of this Act, the PDEA shall be the
recommended by the congressional lead agency. The NBI, PNP or any of the task
committees concerned. force shall immediately transfer the same to
Section 85. The PDEA Academy. – Upon the the PDEA: Provided, further, That the NBI, PNP
approval of the Board, the PDEA Academy shall and the Bureau of Customs shall maintain close
be established either in Baguio or Tagaytay coordination with the PDEA on all drug related
City, and in such other places as may be matters.
necessary. The PDEA Academy shall be ARTICLE X
responsible in the recruitment and training of Appropriations, Management of Funds
all PDEA agents and personnel. The Board shall and Annual Report
provide for the qualifications and requirements Section 87. Appropriations. – The amount
of its recruits who must be at least twenty-one necessary for the operation of the Board and
(21) years old, of proven integrity and honesty the PDEA shall be charged against the current
and a Baccalaureate degree holder. year's appropriations of the Board, the National
The graduates of the Academy shall later Drug Law Enforcement and Prevention
comprise the operating units of the PDEA after Coordinating Center, the Narcotics Group of the
the termination of the transition period of five PNP, the Narcotics Division of the NBI and other
(5) years during which all the intelligence drug abuse units of the different law
network and standard operating procedures of enforcement agencies integrated into the PDEA
the PDEA has been set up and operationalized. in order to carry out the provisions of this Act.
The Academy shall be headed by a Thereafter, such sums as may be necessary for
Superintendent, with the rank of Director. the continued implementation of this Act shall
He/she shall be appointed by the PDEA Director be included in the annual General
General. Appropriations Act. All receipts derived from
Section 86. Transfer, Absorption, and fines, fees and other income authorized and
Integration of All Operating Units on Illegal imposed in this Act, including ten percent
Drugs into the PDEA and Transitory Provisions. (10%) of all unclaimed and forfeited
– The Narcotics Group of the PNP, the Narcotics sweepstakes and lotto prizes but not less than
Division of the NBI and the Customs Narcotics twelve million pesos (P12,000,000.00) per year
Interdiction Unit are hereby abolished; however from the Philippine Charity Sweepstakes Office
they shall continue with the performance of (PCSO), are hereby constituted as a special
their task as detail service with the PDEA, account in the general fund for the
subject to screening, until such time that the implementation of this Act: Provided, That no
organizational structure of the Agency is fully amount shall be disbursed to cover the
operational and the number of graduates of the operating expenses of the Board and other
PDEA Academy is sufficient to do the task concerned agencies: Provided, further, That at
themselves: Provided, That such personnel who least fifty percent (50%) of all the funds shall
are affected shall have the option of either be reserved for assistance to government-
being integrated into the PDEA or remain with owned and/or operated rehabilitation centers.
their original mother agencies and shall, The fines shall be remitted to the Board by the
thereafter, be immediately reassigned to other court imposing such fines within thirty (30)
units therein by the head of such agencies. days from the finality of its decisions or orders.
Such personnel who are transferred, absorbed The unclaimed and forfeited prizes shall be
and integrated in the PDEA shall be extended turned over to the Board by the PCSO within
appointments to positions similar in rank, thirty (30) days after these are collected and
salary, and other emoluments and privileges declared forfeited. A portion of the funds
granted to their respective positions in their generated by the Philippine Amusement and
original mother agencies. Gaming Corporation (PAGCOR) in the amount of
The transfer, absorption and integration of the Five million pesos (P5,000,000.00) a month
different offices and units provided for in this shall be set aside for the purpose of
Section shall take effect within eighteen (18) establishing adequate drug rehabilitation
months from the effectivity of this Act: centers in the country and also for the
Provided, That personnel absorbed and on maintenance and operations of such centers:
detail service shall be given until five (5) years Provided, That the said amount shall be taken
to finally decide to join the PDEA. from the fifty percent (50%) share of the
 CRIMINAL LAW REVIEWER

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National Government in the income of PAGCOR: hours from the date of receipt of the records of
Provided, further, That the said amount shall the case. Trial of the case under this Section
automatically be remitted by PAGCOR to the shall be finished by the court not later than
Board. The amount shall, in turn, be disbursed sixty (60) days from the date of the filing of the
by the Dangerous Drugs Board, subject to the information. Decision on said cases shall be
rules and regulations of the Commission on rendered within a period of fifteen (15) days
Audit (COA). The fund may be augmented by from the date of submission of the case for
grants, donations, and endowment from resolution.
various sources, domestic or foreign, for Section 91. Responsibility and Liability of Law
purposes related to their functions, subject to Enforcement Agencies and other Government
the existing guidelines set by the government. Officials and Employees in Testifying as
Section 88. Management of Funds Under this Prosecution Witnesses in Dangerous Drugs
Act; Annual Report by the Board and the PDEA. Cases. – Any member of law enforcement
– The Board shall manage the funds as it may agencies or any other government official and
deem proper for the attainment of the employee who, after due notice, fails or refuses
objectives of this Act. In addition to the periodic intentionally or negligently, to appear as a
reports as may be required under this Act, the witness for the prosecution in any proceedings,
Chairman of the Board shall submit to the involving violations of this Act, without any
President of the Philippines and to the presiding valid reason, shall be punished with
officers of both houses of Congress, within imprisonment of not less than twelve (12)
fifteen (15) days from the opening of the years and one (1) day to twenty (20) years and
regular session, an annual report on the a fine of not less than Five hundred thousand
dangerous drugs situation in the country which pesos
shall include detailed account of the programs (P500,000.00), in addition to the administrative
and projects undertaken, statistics on crimes liability he/she may be meted out by his/her
related to dangerous drugs, expenses incurred immediate superior and/or appropriate body.
pursuant to the provisions of this Act, The immediate superior of the member of the
recommended remedial legislation, if needed, law enforcement agency or any other
and such other relevant facts as it may deem government employee mentioned in the
proper to cite. preceding paragraph shall be penalized with
Section 89. Auditing the Accounts and imprisonment of not less than two (2) months
Expenses of the Board and the PDEA. – All and one (1) day but not more than six (6) years
accounts and expenses of the Board and the and a fine of not less than Ten thousand pesos
PDEA shall be audited by the COA or its duly (P10,000.00) but not more than Fifty thousand
authorized representative. pesos (P50,000.00) and in addition, perpetual
ARTICLE XI absolute disqualification from public office if
Jurisdiction Over Dangerous Drugs Cases despite due notice to them and to the witness
Section 90. Jurisdiction. – The Supreme Court concerned, the former does not exert
shall designate special courts from among the reasonable effort to present the latter to the
existing Regional Trial Courts in each judicial court. The member of the law enforcement
region to exclusively try and hear cases agency or any other government employee
involving violations of this Act. The number of mentioned in the preceding paragraphs shall
courts designated in each judicial region shall not be transferred or reassigned to any other
be based on the population and the number of government office located in another territorial
cases pending in their respective jurisdiction. jurisdiction during the pendency of the case in
The DOJ shall designate special prosecutors to court. However, the concerned member of the
exclusively handle cases involving violations of law enforcement agency or government
this Act. employee may be transferred or reassigned for
The preliminary investigation of cases filed compelling reasons: Provided, That his/her
under this Act shall be terminated within a immediate superior shall notify the court where
period of thirty (30) days from the date of their the case is pending of the order to transfer or
filing. When the preliminary investigation is re-assign, within twenty-four (24) hours from its
conducted by a public prosecutor and a approval; Provided, further, That his/her
probable cause is established, the immediate superior shall be penalized with
corresponding information shall be filed in imprisonment of not less than two (2) months
court within twenty-four (24) hours from the and one (1) day but not more than six (6) years
termination of the investigation. If the and a fine of not less than Ten thousand pesos
preliminary investigation is conducted by a (P10,000.00) but not more than Fifty thousand
judge and a probable cause is found to exist, pesos (P50,000.00) and in addition, perpetual
the corresponding information shall be filed by absolute disqualification from public office,
the proper prosecutor within forty-eight (48)
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should he/she fail to notify the court of such reclassification, addition to or removal from the
order to transfer or re-assign. list of any drug by publishing such notice in any
Prosecution and punishment under this Section newspaper of general circulation once a week
shall be without prejudice to any liability for for two (2) weeks.
violation of any existing law. The effect of such reclassification, addition or
Section 92. Delay and Bungling in the removal shall be as follows:
Prosecution of Drug Cases. – Any government (a) In case a dangerous drug is
officer or employee tasked with the prosecution reclassified as precursors and essential
of drug-related cases under this act, who, chemicals, the penalties for the
through patent laxity, inexcusable neglect, violations of this Act involving the two
unreasonable delay or deliberately causes the latter categories of drugs shall, in case
unsuccessful prosecution and/or dismissal of of conviction, be imposed in all
the said drug cases, shall suffer the penalty of pending criminal prosecutions;
imprisonment ranging from twelve (b) In case a precursors and
(12) years and one (1) day to twenty (20) years essential chemicals is reclassified as
without prejudice to his/her prosecution under dangerous drug, the penalties for
the pertinent provisions of the Revised Penal violations of the Act involving
Code. Section 93. Reclassification, Addition or precursors and essential chemicals
Removal of Any Drug from the List of shall, in case of conviction, be imposed
Dangerous Drugs. – The Board shall have the in all pending criminal prosecutions;
power to reclassify, add to or remove from the (c) In case of the addition of a new
list of dangerous drugs. drug to the list of dangerous drugs and
Proceedings to reclassify, add, or remove a precursors and essential chemicals, no
drug or other substance may be initiated by criminal liability involving the same
the PDEA, the DOH, or by petition from any under this Act shall arise until after the
interested party, including the manufacturer of lapse of fifteen
a drug, a medical society or association, a (15) days from the last publication of
pharmacy association, a public interest group such notice;
concerned with drug abuse, a national or local (d) In case of removal of a drug
government agency, or an individual citizen. from the list of dangerous drugs and
When a petition is received by the Board, it precursors and essential chemicals, all
shall immediately begin its own investigation of persons convicted and/or detained for
the drug. The PDEA also may begin an the use and/or possession of such a
investigation of a drug at any time based upon drug shall be automatically released
the information received from law enforcement and all pending criminal prosecution
laboratories, national and local law involving such a drug under this Act
enforcement and regulatory agencies, or other shall forthwith be dismissed; and
sources of information. The Board after notice (e) The Board shall, within five (5)
and hearing shall consider the following factors days from the date of its promulgation
with respect to each substance proposed to be submit to Congress a detailed
reclassified, added or removed from control: reclassification, addition, or removal of
(a) Its actual or relative potential any drug from the list of dangerous
for abuse; drugs.
(b) Scientific evidence ARTICLE XII
of its Implementing Rules and Regulations
pharmacological effect if known; Section 94. Implementing Rules and
(c) The state of current scientific Regulations. – The present Board in
knowledge regarding the drug consultation with the DOH, DILG, DOJ, DepEd,
or other substance; DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO
(d) Its history and current pattern of and all other concerned government agencies
abuse; (e) The scope, duration, shall promulgate within sixty (60) days the
and significance of abuse; Implementing Rules and Regulations that shall
(f) Risk to public health; and be necessary to implement the provisions of
(g) Whether the substance is an this Act.
immediate precursor of a substance ARTICLE XIII
already controlled under this Act. Final Provisions
The Board shall also take into accord the Section 95. Congressional Oversight
obligations and commitments to international Committee. – There is hereby created a
treaties, conventions and agreements to which Congressional Oversight Committee composed
the Philippines is a signatory. of seven (7) Members from the Senate and
The Dangerous Drugs Board shall give notice to seven (7) Members from the House of
the general public of the public hearing of the Representatives. The Members from the Senate
 CRIMINAL LAW REVIEWER

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shall be appointed by the Senate President from the Senate and the House of
based on the proportional representation of the Representatives and may retain consultants.
parties or coalitions therein with at least two To carry out the powers and functions of the
(2) Senators representing the Minority. The Oversight Committee on Dangerous Drugs, the
Members from the House of Representatives initial sum of Twenty-five million pesos
shall be appointed by the Speaker, also based (P25,000,000.00) shall be charged against the
on proportional representation of the parties or current appropriations of the Senate.
coalitions therein with at least two (2) Members Thereafter, such amount necessary for its
representing the Minority. continued operations shall be included in the
The Committee shall be headed by the annual General Appropriations Act.
respective Chairpersons of the Senate The Oversight Committee on Dangerous Drugs
Committee on Public Order and Illegal Drugs shall exist for a period of ten (10) years from
and the House of Representatives Committee the effectivity of this Act and may be extended
on Dangerous Drugs. by a joint concurrent resolution.
Section 96. Powers and Functions of the Section 98. Limited Applicability of the
Oversight Committee. – The Revised Penal Code. – Notwithstanding any
Oversight Committee on law, rule or regulation to the contrary, the
Dangerous Drugs shall, in aid of legislation, provisions of the Revised Penal Code (Act No.
perform the following functions, among others: 3814), as amended, shall not apply to the
(a) To set the guidelines and overall framework provisions of this Act, except in the case of
to monitor and ensure the proper minor offenders. Where the offender is a minor,
implementation of this Act; the penalty for acts punishable by life
(b) To ensure transparency and require imprisonment to death provided herein shall be
the submission of reports from reclusion perpetua to death.
government agencies concerned on the Section 99. Separability Clause. – If for any
conduct of programs, projects and reason any section or provision of this Act, or
policies relating to the implementation any portion thereof, or the application of such
of this act; (c) To approve the budget section, provision or portion thereof to any
for the programs of the Oversight person, group or circumstance is declared
Committee on Dangerous Drugs and all invalid or unconstitutional, the remainder of
disbursements therefrom, including this Act shall not be affected by such
compensation of all personnel; (d) To declaration and shall remain in force and
submit periodic reports to the President effect.
of the Philippines and Congress on the Section 100. Repealing Clause. – Republic Act
implementation of the provisions of this No. 6425, as amended, is hereby repealed and
Act; all other laws, administrative orders, rules and
(e) To determine inherent regulations, or parts thereof inconsistent with
weaknesses in the law and recommend the provisions of this Act, are hereby repealed
the necessary remedial legislation or or modified accordingly.
executive measures; and Section 101. Amending Clause. – Republic Act
(f) To perform such other duties, No. 7659 is hereby amended accordingly.
functions and responsibilities as may Section 102. Effectivity. – This Act shall take
be necessary to effectively attain the effect fifteen (15) days upon its publication in
objectives of this Act. at least two

Section 97. Adoption of Committee Rules and (2) national newspapers of general circulation.
Regulations, and Funding. – The Oversight
Committee on Dangerous Drugs shall adopt its
internal rules of procedure, conduct hearings
and receive testimonies, reports, and technical
advice, invite or summon by subpoena ad
testificandum any public official, private
citizen, or any other person to testify before it,
or require any person by subpoena duces
tecum documents or other materials as it may
require consistent with the provisions of this
Act.
The Oversight Committee on Dangerous Drugs
shall be assisted by a secretariat to be
composed by personnel who may be seconded
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2012 
UP LAW
BAR REVIEWER

CRIMINAL
LAW
Criminal Law 2
BAR OPERATIONS COMMISSION 2012 Miranda (D) |Special Lectures
Patricia Madarang • Marinella Felizmenio |
EXECUTIVE COMMITTEE Secretariat
Ramon Carlo Marcaida |Commissioner Victoria Caranay |Publicity and Promotions
Raymond Velasco • Mara Kriska Chen |Deputy Commissioners Loraine Saguinsin • Ma. Luz Baldueza |
Barbie Kaye Perez |Secretary Marketing
Carmen Cecilia Veneracion |Treasurer Benjamin Joseph Geronimo • Jose Lacas |
Hazel Angeline Abenoja|Auditor Logistics
Angelo Bernard Ngo • Annalee Toda|HR
COMMITTEE HEADS Anne Janelle Yu • Alyssa Carmelli Castillo |
Eleanor Balaquiao • Mark Xavier Oyales | Acads Merchandise
Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Graciello Timothy Reyes |Layout
 CRIMINAL LAW REVIEWER

CRIMINAL LAW
193
Criminal Law 1 I. Crimes against
Criminal Law 2 National Security
Charmaine Sto. Domingo • Title I. Crimes
Katrina Maniquis |Mock Bar
II. Crimes against Krizel Malabanan • Karren against National
Fundamental Laws of de Chavez |Bar Candidates’ Security and the Law
the State Welfare
III. Crimes against Public Karina Kirstie Paola Ayco • of Nations
Order Ma. Ara Garcia |Events
IV. Crimes against Public
OPERATIONS HEADS CRIMES AGAINST SECURITY:
Interest
Charles Icasiano • Katrina (1) Art. 114: Treason
V. Crimes relative to (2) Art. 115: Conspiracy and Proposa
Opium and other Rivera |Hotel Operations
Marijo Alcala • Marian Commit Treason
Prohibited Drugs (3) Art. 116: Misprision of Treason
Salanguit |Day-Operations
VI. Crimes against Public (4) Art. 117: Espionage
Jauhari Azis |Night-
Morals
Operations
VII. Crimes committed by Vivienne Villanueva •
CRIMES AGAINST THE LAW OF NATIONS
Public Officers (1) Art. 118: Inciting to War or Giving
Charlaine Latorre |Food
VIII. Crimes against Persons Kris Francisco Rimban • Elvin Motives for Reprisals
IX. Crimes against (2) Art. 119: Violation of Neutrality
Salindo |Transpo
Personal Liberty and (3) Art. 120: Correspondence with Ho
Paula Plaza |Linkages
Security Country
X. Crimes against (4) Art. 121: Flight to Enemy‘s Count
Property (5) Art. 122: Piracy in General and M
on the High Seas or in Philippine
XI. Crimes against
(6) Art. 123: Qualified Piracy
Chastity
XII. Crimes against Civil Remember:
Status The crimes under this title can be
XIII. Crimes against Honor prosecuted even if the criminal act
XIV. Criminal Negligence UP LAW BAR or acts were committed outside the
Philippine territorial jurisdiction.
OPERATIONS COMMISSION
This is one of the instances where the
CRIMINAL LAW TEAM 2012 may be given extra-territorial applica
under Article 2 (5) thereof. Howe
Faculty Editor | Prof. Jay
prosecution can proceed only if the offen
Batongbacal Subject Heads | Camille Umali • Charmaine Sto. is:
Domingo (1) within Philippine territory, OR
(2) brought to the Philippines
pursuant to an extradition
LAYOUT TEAM 2012 treaty.
Layout Artists | Alyanna
Apacible • Noel Luciano • RM Crimes against national security
can be tried only in the Philippines, as
Meneses • Jenin Velasquez • there is a need to bring the
Mara Villegas • Naomi offender here before he can be made
Quimpo • Leslie Octaviano • to suffer the consequences of the law.
In the case of crimes
Yas Refran • Cris Bernardino against the law of
Layout Head| Graciello nations, the offender can
Timothy Reyes be prosecuted whenever he
may be found because the
crimes are regarded as
committed against
humanity in general.

Criminal Law 2
 CRIMINAL LAW REVIEWER

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The acts against national security may be committed abroad and still be Testimony required to convict a
punishable under our law. person for treason The mere fact
of having joined a Makapili
General rule: Almost all of these are crimes committed in times of war. organization is evidence of both
adherence to the enemy and giving
Exceptions: The following can be committed in times of peace: him aid and comfort.
(1) Espionage (Art 117) – This is also covered by Commonwealth Act
No. 616 which punishes conspiracy to commit espionage. At the same time, being a Makapili is
(2) Inciting to War or Giving Motives for Reprisals (Art 118) – This can be in itself constitutive of an overt act.
committed even if the Philippines is not a participant.
(3) Violation of Neutrality (Art. 119) – The Philippines is not a party to an The crime of treason was committed
on-going war. if he placed himself at the enemy's
call to fight side by side with him
when the opportune time came even
A. Crimes against Security though an opportunity never
presented itself.

However, membership as a Makapili,

1. Article 114 – Treason as an overt act, must be established
by the deposition of two witnesses.
MODE 1: Levying War
Elements: Adherence need not be proven by
(1) The offender is a Filipino or resident two witness testimonies – may be
alien inferred from one witness, or from the
(2) There is a war in which the Philippines nature of the act itself or other
is involved circumstances [People vs. Adriano]
(3) The offender levies war against the
government Treason cannot be complexed;
testimony required to convict a
MODE 2: Adherence to the Enemies person for treason
Elements: Treason requires concurrence
(1) The offender is a Filipino or resident between adherence to the enemy &
alien giving aid & comfort. Giving aid &
(2) There is a war in which the Philippines comfort requires some kind of action,
is involved deed or physical activity usually
(3) That the offender adheres to the punishable by law as opposed to a
mental operation.
enemies, giving them aid or comfort
If an act is charged as an element of
Requirements of ―levying war‖
treason, that act cannot be the
(1) Actual assembling of men;
subject of a separate punishment
(2) To execute a treasonable design by force;
or used to increase the penalty of
(3) Intent is to deliver the country in whole or in part to the enemy; and
treason
(4) Collaboration with foreign enemy or some foreign sovereign
Separate prosecution for murder or
Two ways of proving treason
physical injuries may be pursued if
(1) Testimony of at least two witnesses to the same overt act; or they are unrelated to treasonous
(2) Confession of accused in open court. intent. The government should elect
(3) Circumstances surrounding the act to prosecute the accused specifically
for those crimes instead of relying on
Jurisprudence: them as elements of treason.

What acts constitute treason? Testimonies of the witnesses should

To be treasonous, the extent of aid and comfort given to the enemies must be to refer to the same overt act. [People
render assistance to them as enemies and not as individuals, in the furtherance of vs. Prieto]
the enemies’ hostile designs.
Inherent acts in treason shall not
Intent of disloyalty is a vital ingredient in the crime of treason, which in the absence be appreciated as aggravating
of admission may be gathered from the nature and circumstances of The crime of treason is of such a
each particular case. [People vs. Perez] nature that it may be committed by
one single act, by a series of acts, or
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by several series thereof, not only in a single time, but in different times, it being a
continuous crime. Remember:
Misprision of treason is a crime that
The presence of the aggravating circumstances of treachery, the aid of armed may be committed only by citizens of
persons to insure or afford impunity, and deliberately augmenting the crimes by the Philippines.
causing other wrongs not necessary in the commission thereof are inherent in the
crime of treason and thus shall not be appreciated as The essence of the crime is
aggravating circumstances. [People vs Victoria] that there are persons who
conspire to commit treason
NOTE: There can be no treason through negligence. and the offender knew this
[Cramer v. US] and failed to make the
necessary report to the
government within the
2. Article 115 - Conspiracy and Proposal to Commit earliest possible time.
Treason
What is required is to report it
as soon as possible. The
Elements of conspiracy to commit treason:
criminal liability arises if the
(1) There is a war in which the Philippines
accused learned of the
is involved
treasonous activity while still
(2) At least two persons come to an at the conspiratorial stage
agreement because if he learned of the
to – treason when it had already
(a) Levy war against the government; erupted into an overt act,
or then the implication is that
(b) Adhere to the enemies, giving the government is already
them aid or comfort aware of it.
(3) That person proposes its execution to
other persons Any person in authority
(4) They decide to commit it having the equivalent
jurisdiction (of a mayor, fiscal
Elements of proposal to commit treason or governor), like a provincial
(1) There is a war in which the Philippines commander, will already
is involved negate criminal liability.
(2) At least one person decides to – Blood relationship is always
(a) Levy war against the government; subservient to national security.
or Article 2015 does not apply in this
case because persons found liable for
(b) Adhere to the enemies, giving them
this crime are not considered
aid or comfort
accessories, but as principals.

3. Article 116 - Misprision of Treason Under the Revised Penal Code, there
(asked once during 1994-96) is no crime of misprision of rebellion.

Elements: 4. Article 117 –

(1) Offender owes allegiance Espionage
to the
government, and is not a foreigner
MODE 1: By a private individual
(2) He has knowledge of conspiracy to
commit treason against the
Elements:
government
(1) That the offender enters a w
(3) He conceals or does not disclose and
fort, or naval or military establis
make known the same as soon as
or reservation
possible to the governor or fiscal of the
(2) That he has no authority therefor
province in which he resides, or the
(3) That his purpose is to
mayor or fiscal of the city in which he
information, plans, photograp
resides

15 Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
 CRIMINAL LAW REVIEWER

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other data of a confidential nature conventional signs; or
relative to the defense of the (c) Containing notice or inform
Philippines which might be useful to the e

MODE 2: By a public officer Correspondence – communication

by means of letters which pass
Elements: between those who have friendly
(1) That the offender is a public officer or business relations
(2) That he has in his possession the
articles, data or information of a
confidential nature relative to the 4. Article 121 - Flight to
defense of the Philippines, by reason of Enemy's Country
the public office he holds
(3) That he discloses their contents to a
Elements:
representative of a foreign nation
(1) There is a war in which the Philipp
is involved
B. Crimes against the Law of Nations (2) Offender must be owing allegiance
the government
(3) Offender attempts to flee or go to
enemy country
1. Article 118 - Inciting to War or Giving Motives for (4) Going to the enemy country is
Reprisals prohibited by competent authority

Elements: 5. Article 122 - Piracy in

(1) Offender performs unlawful or General and Mutiny on
unauthorized acts
(2) The acts provoke or give occasion for
the High Seas or in
(a) A war involving or liable to involve Philippine Waters
the Philippines; or
(b) Exposure of Filipino citizens to Elements:
reprisals on their persons or (1) The vessel is on the high seas or
property Philippine waters
(2) Offenders are neither members of
complement nor passengers of the
2. Article 119 - Violation of Neutrality vessel
(3) Offenders either –
Elements (a) Attack or seize that vessel; or
(1) There is a war in which the Philippines is (b) Seize the whole or part of its carg
not involved equipment or personal belonging
(2) There is a regulation issued by a its complement or passengers
competent authority to enforce (4) There is intent to gain
neutrality
(3) Offender violates the regulation Acts Punished in Piracy:
(1) Attacking or seizing a
Neutrality – takes no part in a contest of arms going on between other vessel on the high seas
countries or in Philippine waters
(2) Seizing the whole or
part of its cargo,
3. Article 120 - Correspondence with Hostile Country complement or
passengers while the
Elements: vessel is on the high
seas or in Philippine
(1) It is in time of war in which the
Philippines is involved waters Abetting
Piracy
(2) Offender makes correspondence with
In Section 4 of Presidential Decree
an enemy country or territory occupied
by enemy troops No. 532, the act of aiding pirates or
abetting piracy is penalized as a
(3) The correspondence is either – (a)
crime distinct from piracy.
Prohibited by the government
(b) Carried on in ciphers or
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Said section penalizes any person who knowingly and in any manner aids or (1) PD 532: Anti-Piracy and Anti-
protects pirates, such as giving them information about the movement of the police Highway Robbery
or other peace officers of the government, or acquires or receives property taken by (2) RA 6235: Anti-Hijacking Law
such pirates, or in any manner derives any benefit therefrom; or who directly or (3) RA 9372: Human Security Act
indirectly abets the commission of piracy. of 2007

Also, it is expressly provided in the same section that the offender shall be
considered as an accomplice of the principal offenders and punished in accordance Title II. Crimes
with the Revised Penal Code. against Fundamental
This provision of PD No. 532 with respect to piracy in Philippine waters has not been Laws of the State
incorporated into the RPC. Neither may it be considered repealed by RA 7659 since
there is nothing in the amendatory law which is inconsistent with said section.
(1) Art. 124: Arbitrary Detention
Apparently, there is still the crime of abetting piracy in Philippine waters under PD (2) Art. 125: Delay in the Delivery Of
No. 532. Detained Persons to the Proper
Judicial Authorities
6. Article 123 - Qualified Piracy (3) Art. 126: Delaying Release
(Asked twice 1983-90; once 2000-06) (4) Art. 127: Expulsion
(5) Art. 128: Violation of Domicile
(6) Art.129: Search Warrants
Elements:
Maliciously Obtained and Abuse in
(1) The vessel is on the high seas or the Service of those Legally
Philippine waters
Obtained
(2) Offenders may or may not be members (7) Art. 130: Searching Domicile
of its complement, or passengers of the
Without Witnesses
vessel
(8) Art. 131: Prohibition, Interruption
(3) Offenders either –
and Dissolution of Peaceful
(a) Attack or seize the vessel; or Meetings
(b) Seize the whole or part of its cargo, (9) Art. 132: Interruption of Religious
its equipment, or personal Worship
belongings of its crew or
(10) Art. 133: Offending the
passengers
Religious Feelings
(4) The preceding were committed under
any of the following circumstances:
Crimes under this title are those that
(a) Whenever they have seized a
violate certain provisions of the Bill of
vessel by boarding or firing upon
Rights.
the same;
(b) Whenever the pirates have
All offenses under this title
abandoned their victims without
can only be committed by
means of saving themselves; or
public officers except
(c) Whenever the crime is
offending the religious
accompanied by murder, homicide, feelings under Article 133.
physical injuries or rape
The primary offender in
If any of the circumstances in Article 123 is present, piracy is qualified. ARTICLES 124-132 is a public
officer acting under supposed
Murder, rape, homicide, physical injuries are mere circumstances qualifying piracy exercise of official functions,
and cannot be punished as separate crimes, nor can they be complexed with piracy. albeit illegally.

Although Article 123 refers to qualified piracy, there is also the crime of qualified A private person may be liable
mutiny. Mutiny is qualified under the following circumstances: under these articles ONLY WHEN
(1) When the offenders abandoned the victims without means of saving he:
themselves; or (1) Conspires with a public
(2) When the mutiny is accompanied by rape, murder, homicide, or physical officer; OR
injuries (2) He becomes an accomplice
or accessory to said crimes
Note: The first circumstance which qualifies piracy does not apply to mutiny.

See also:
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ARTICLE 133 can be committed by EITHER a public officer OR a private person. Elements:
(1) Offender is a public officer or
employee
1. Article 124 - Arbitrary Detention
(asked twice 1975-82; once 1991-93; once 2000-06) (2) He detains a person for some lega
ground
(3) He fails to deliver such person to t
Elements:
proper judicial authorities within –
(1) That the offender is a public officer or
12 hours for light penalties
employee
(b) 18 hours for correctional pena
(2) That he detains a person
(c) 36 hours for afflictive or capita
(3) That the detention is without a legal
penalties
ground
This is applicable ONLY WHEN the
The Crime of Arbitrary Detention assumes several forms:
arrest is without a warrant.
(1) Detaining a person without legal grounds
(Article 124);
At the beginning, the
(2) Having arrested the offended party for legal grounds but without warrant of
detention is legal since it is in
arrest, and the public officer does not deliver the arrested person to the
the pursuance of a lawful
proper judicial authority within the period of 12, 18, or 36 hours, as the case
arrest. Detention becomes
may be (Article 125); or
arbitrary when the:
(3) Delaying release by competent authority with the same period mentioned in
(1) Applicable period lapses
number 2 (Article 126).
(2) Without the arresting officer
filing a formal charge with the
A public officer is deemed such when he is acting within the bounds of his official proper court.
authority or function.
A police officer who employs force in excess of what is necessary is acting outside
The periods stated are
the bounds of his duties and is considered acting in his private capacity.
counted only when the
[Boado, Comprehensive Reviewer in Criminal Law]
prosecutor‘s office is ready to
receive the complaint or
Note: In the crime of arbitrary detention, although the offender is a public officer, information. Nighttime is NOT
not any public officer can commit this crime. Only those public officers whose included in the period.
official duties carry with it the authority to make an arrest and detain persons can
be guilty of this crime.
Jurisprudence:
In a case decided by the Supreme Court a Barangay Chairman who unlawfully
detains another was held to be guilty of the crime of arbitrary detention. This is
―Delivery‖ means the filing
because he is a person in authority vested with jurisdiction to maintain peace and
of correct information with
order within his barangay. [Milo v. Salanga (1987)]
the proper court (or
constructive delivery --
There must be an actual restraint of liberty of the offended party. turning over the person
arrested to the jurisdiction of
The crime committed is only grave or light threats if the offended party may still go the court).
to the place where he wants to go, even though there have been warnings.
Purpose is to determine
If the offender falsely imputes a crime against a person to be able to arrest him and whether the offense is
appear not determined to file a charge against him, the crime is arbitrary detention bailable or not. (Upon
through unlawful arrest. delivery, judge or court
[Boado, Comprehensive Reviewer in Criminal Law] acquires jurisdiction to issue
an order of release or of
A case where a DENR team was invited to Mayor Astorga‘s house from 530pm to commitment of prisoner.)
230am for dinner and drinks, does not fall under Arbitrary Detention. Absent any [Sayo v. Chief of Police
physical restraint, an element of the said crime is fear. No record on evidence (1948)]
showed that the mayor instilled fear into the minds of the DENR team while they
were in the Mayor‘s house. [Astorga v. People (2004)] The elements of custodial investigation
are:
Difference between Arbitrary Detention, Illegal Detention and Unlawful (1) The suspect is deprived of
Arrest See Annex A. liberty in any significant
manner;
(2) The interrogation is initiated by
2. Article 125 - Delay in the Delivery of Detained Persons
law enforcement authorities;
to the Proper Judicial Authorities
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(3) The interrogation is inculpatory in character. [People v. Tan (1998)] [Marcos v. Manglapus (1989)]

Where the invitation comes from a powerful group composed predominantly

of ranking military officers and the designated interrogation site is a military 5. Article 128 - Violation of
camp, the same can be easily taken NOT as a strictly voluntary invitation. Domicile

It is an authoritative command that one can only Acts punished:

defy at one’s peril. [Sanchez v. Demetriou (1993)] (1) Entering any dwelling against t
of the owner thereof
(2) Searching papers or other effects
3. Article 126 - Delaying Release therein without the previous con
such owner, OR
Elements: (3) Refusing to leave the premises
(1) Offender is a public officer or employee having surreptitiously entered
(2) There is a: dwelling and after having
(a) Judicial or executive order for the required to leave the same
release of a prisoner or detention
prisoner, OR Elements COMMON to the three acts
(b) A proceeding upon a petition for (1) Offender is a public officer or
the liberation of such person employee
(3) Offender without good reason delays – (2) He is not authorized by judicial o
(a) The service of the notice of such (a) To enter the dwelling;
order (b) To make a search therein for
to the prisoner or other effects; or
(b) The performance of such judicial or (c) He refuses to leave, after
executive order for the release of the surreptitiously entered
prisoner; OR dwelling and been required t
(c) The proceedings upon a petition for the the same
release of such person
Qualifying circumstances:
(1) Night time
4. Article 127 – Expulsion (2) Papers or effects not
constituting evidence of a
Elements: crime are not returned
(1) Offender is a public officer or employee immediately
(2) He either – after the search made by the
offender
(a) Expels any person from the
Philippines; OR
RULE 113 OF THE REVISED
(b) Compels a person to change
RULES OF COURT: a public
residence
officer, who breaks into the
(3) Offender is not authorized to do so by premises, incurs no liability
law WHEN a person to be
arrested enters said premises
The city mayor of Manila committed the crime of expulsion when he ordered certain and closes it thereafter,
prostitutes to be transferred to Davao WITHOUT observing due process since they provided that the officer first
have not been charged with any crime. gives a notice of arrest.
[Villavicencio v. Lukban (1919)]
The public officer should have
The right to return to one‘s country is not among the rights specifically guaranteed first given notice of an arrest.
in the Bill of Rights, which treats only of the Liberty of Abode and the right to travel.
According to People vs. Doria
However, it is a well-settled view that the right to return may be considered as a (1999) and People vs.
generally accepted principle of international law and, under the Constitution, forms Elamparo (2000), the
part of the law of the land. However, it is distinct and separate from the right to following are the accepted
travel. exceptions to the warrant
requirement:
The constitutional guarantees invoked by the Marcoses are neither absolute nor (1) Search incidental to an arrest;
inflexible for the exercise of such freedoms has limits and must adjust to the (2) Search of moving vehicles;
concerns which involve the public interest.
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(3) Evidence in plain view; (4) Stop and frisk; RULE 116: SEARCH AND SEIZURE
(5) Customs searches; AND (6) Consented warrantless A search warrant is an order in writing
search. - (1) Signed by a judge
(2) Directed to a peace
[M]ere suspicion or a hunch will not validate a "stop commanding him to searc
and frisk." personal property described
and bring it before the court
A genuine reason must exist, in light of the police officer's experience and
surrounding conditions, to warrant the belief that the person detained has Requisites for issuing a search warrant:
weapons concealed about him. (1) Probable cause, in connection wi
specific offense, to be determine
Finally, a "stop-and-frisk" serves a two-fold interest: personally by the judge AFTER
(1) The general interest of effective crime prevention and detection, examination under oath or affirm
which underlies the recognition that a police officer may, under of the complainant and the witne
appropriate circumstances and in an appropriate manner, approach may produce
a person for purposes of investigating possible criminal behavior (2) Particular description of:
even without probable cause; and (a) Place to be searched; AND
(2) The more pressing interest of safety and self-preservation which (b) Things to be seized which ma
permit the police officer to take steps to assure himself that the anywhere in the Philippines
person with whom he deals is not armed with a deadly weapon that
could unexpectedly and fatally be used against
An officer may break open any outer
the police officer. [Malacat v. CA (1997)] or inner door or window of a house or
any part of a house or anything
―Against the will‖ means that the offender ignored the prohibition of the therein WHEN these circumstances
owner which may be express or implied as when the door is closed even concur:
though not locked. [Boado, Comprehensive Reviewer in (1) He is refused admittance to
Criminal Law] the place of directed search;
(2) His purpose is to execute the
6. Article 129 - Search Warrants Maliciously Obtained, warrant to liberate himself or
any person lawfully aiding
and Abuse in the Service of Those Legally Obtained him when unlawfully detained
therein; and
Elements of procuring a search warrant (3) He has given notice of his
without just cause: purpose and authority.
(1) Offender is a public officer or employee
(2) He procures a search warrant The warrant must direct that it be
(3) There is no just cause served in the daytime. HOWEVER, it
can be served at any time of the day
Elements of exceeding authority or using or night WHEN the affidavit asserts
unnecessary severity in executing a that the property is on the person or
search in the place ordered to be searched.
warrant legally procured:
A search warrant shall be valid for ten
(1) Offender is a public officer or employee
(10) days from its date. Thereafter, it
(2) He has legally procured a search warrant
shall be void.
(3) He exceeds his authority or uses unnecessary
severity in executing the same
The officer seizing the property under
the warrant must give a detailed
7. Article 130 - Searching Domicile without Witnesses receipt for the same to the lawful
occupant of the premises in whose
presence the search and seizure were
Elements: made.
(1) Offender is a public officer or employee
(2) He is armed with search warrant legally In the absence of such occupant, the
procured officer must:
(3) He searches the domicile, papers or (1) leave a receipt in the
other belongings of any person place in which he found
(4) The owner, or any members of his the seized property;
family, or two witnesses residing in the
same locality are not present
 CRIMINAL LAW REVIEWER

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(2) In the presence of at least two witnesses of sufficient age and to the feelings of the faithful
discretion residing in the same locality.
Jurisprudence:
8. Article 131 - Prohibition, Interruption and Dissolution of
A Catholic priest complained against
Peaceful Meetings a group that passed by the
churchyard as they were holding the
Elements: funeral rites of a Church of Christ
(1) Offender is a public officer or employee member.
(2) He performs any of the following acts:
(a) Prohibiting or interrupting, without An act is NOTORIOUSLY OFFENSIVE to
legal ground, the holding of a the religious feelings when a person:
peaceful meeting, or by dissolving (1) Ridicules or makes light of
the same anything constituting
(b) Hindering any person from joining religious dogma
any lawful association, or from (2) Works or scoffs at anything
attending any of its meetings devoted to religious
(c) Prohibiting or hindering any person ceremonies
from addressing, either alone or (3) Plays with or damages or
together with others, any petition destroys any object of
to the authorities for the correction veneration of the faithful
of abuses or redress of grievances
WON an act is offensive to the
The government has a right to require a permit before any gathering can be religious feelings, is a question of fact
made. HOWEVER, the government only has regulatory, NOT PROHIBITORY, which must be adjudged only
powers with regard to such requirement. according to the feelings of the
Catholics and not
The permit should state the day, time, and place of the gathering. those of other faithful ones. [People
If the permit is denied arbitrarily, OR the officer dictates the place where the v. Baes (1939)]
meeting is to be held, this article is VIOLATED.
Laurel Dissent: The determination
If in the course of the assembly, which started out peacefully, the should NOT be made to depend upon
participants committed illegal acts like oral defamation or inciting to a more or less broad or narrow
sedition, a public officer or law enforcer can stop or dissolve the meeting. conception of any given religion.
Facts and circumstances should be
viewed through an unbiased judicial
Two criteria to determine whether this article would be violated:
criterion. (Note: This later became
(1) Dangerous tendency rule – applied during times of national unrest
the
such as to prevent coup d‘etat.
majority decision in People v.
(2) Clear and present danger rule – applied during times of peace.
Tengson)
Stricter rule.
The crime is only UNJUST VEXATION
9. Article 132 - Interruption of Religious Worship when the act is NOT directed at the
religious belief itself and there is no
intention of causing so serious a
Elements:
disturbance as
(1) Offender is a public officer or employee
to interrupt a religious ceremony.
(2) Religious ceremonies or manifestations of [People v. Nanoy]
any religion are about to take place or are
going on
See also:
(3) Offender prevents or disturbs the same (1) RA 9372 : Human Security Act
(2) RA 9745: Anti-Torture Act
10. Article 133 - Offending the Religious Feelings

Elements:
(1) Acts complained of were performed in a
place devoted to religious worship, OR
during the celebration of any religious
ceremony
(2) The acts must be notoriously offensive
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(24) Article 157 - Evasion of Service
Sentence
(25) Article 159 - Other Cases of Ev
of Service of Sentence
(26) Article 158 - Evasion of Service
Sentence on the Occasion of Disor
Conflagrations, Earthquakes,
Other Calamities
(27) Article 160 - Quasi Recidivism

Title III. Crimes against Public Order A. Chapter I –

Rebellion, Coup
(1) Article 134 - Rebellion/Insurrection
d’etat, Sedition and
(2) Article 134-A - Coup d‘ État Disloyalty
(3) Article 135 - Penalty for Rebellion,
Insurrection or Coup d‘ État
(4) Article 136 - Conspiracy and Proposal to
Commit Coup d‘ État, Rebellion or 1. Article 134 -
Insurrection Rebellion
(5) Article 137 - Disloyalty of Public Officers /Insurrection
or Employees
(6) Article 138 - Inciting to Rebellion or Elements:
Insurrection
(1) There is a public uprising and
(7) Article 139 – Sedition arms against the government;
(8) Article 141 - Conspiracy to Commit (2) The purpose of the uprisi
Sedition movement is:
(9) Article 142 – Inciting to Sedition (a) To remove from the allegia
(10) Article 140 - Persons Liable for the government or its law
Sedition Philippine territory or any
(11) Article 143 - Acts Tending to Prevent thereof, or any body of land,
the Meeting of the Congress of the or other armed forces; or
Philippines and Similar Bodies (b) To deprive the Chief Execu
(12) Article 144 - Disturbance of Congress, wholly or partially,
Proceedings of their powers or prerogative
(13) Article 145 - Violation of
Parliamentary Immunity Rebellion vs. Insurrection
(14) Article 146 - Illegal Assemblies The object of rebellion is to
(15) Article 147 - Illegal Associations completely overthrow and supplant
(16) Article 148 - Direct Assault the existing government. On the
(17) Article 149 - Indirect Assault other hand, insurrection is a
(18) Article 150 - Disobedience to movement seeking to effect some
Summons Issued by Congress, Its change of minor importance, or to
Committees or prevent the exercise of governmental
Subcommittees, by the Constitutional authority with respect to
Commissions, Its Committees, particular matters or subjects [Reyes]
Subcommittees or Divisions
Rule on Complexing of Rebellion:
(19) Article 153 - Tumults
Rebellion cannot be complexed with,
and Other
but absorbs other crimes committed
Disturbances of Public Order
in furtherance of rebellion. There is
(20) Article 151 - Resistance and no complex crime of rebellion with
Disobedience to a Person in Authority or murder and other common crimes.
the Agents of Such Persons
(21) Article 154 - Unlawful Use of Means Jurisprudence:
of Publication and Unlawful Utterances
The doctrine laid down in People v.
(22) Article 156 - Delivering Persons Hernandez remains good law. This
from Jail prohibits the complexing of rebellion
(23) Article 155 - Alarms and Scandals with any other offense committed in
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the occasion thereof, either as a means to its commission or as an unintended NOTE : When any of the
effect of an activity objectives of rebellion is
that constitutes rebellion. [Enrile v Salazar (1990)] pursued but there is no public
uprising in the legal sense,
All crimes, whether punishable under special or general law, which are mere the crime is direct assault of
components or ingredients, or committed in furtherance thereof, become absorbed the first form.
in the crime of rebellion and cannot be isolated and charged as separate crimes
themselves. [Ponce Enrile v Amin (1990)]
2. Article 134-A - Coup d’
Both motive and overt acts are essential components of the crime of rebellion. If the État
political motive of a supposedly rebellious act cannot be sufficiently proven, the (asked twice 1991-93 ; four times
accused should be convicted of the common crime (e.g. murder) and not of 1997-06)
rebellion.
Elements:
Rebellion is not covered by Art. 2 on extraterritorial (1) Offender is a person or pe
jurisdiction. [People v. Lovedioro (1995)] belonging to the military or poli
holding any public office
Rebellion vs. Treason employment;
Rebellion Treason (2) It is committed by means of a
The levying of war The levying of war attack accompanied by viol
against the against the intimidation, threat, strategy or st
government during government would (3) The attack is directed against the
peace time for any constitute treason constituted authorities of the Rep
purpose mentioned when performed to of the Philippines, or any military
in Art. 134 aid the enemy; it or installation, communic
would also constitute networks, public utilities or
adherence to the facilities needed for the exercise
enemy, giving him aid continued possession of power;
and (4) The purpose of the attack is to se
comfort diminish state power.
Always involves Mere adherence to the
taking up arms enemy giving him aid Persons who may commit coup d‘etat:
against the and comfort (1) It may be committed
government. singly or collectively
(2) Requires as a principal
NOTE: No crime of misprision of rebellion. offender a member of the
AFP, PNP, or a public
Rebellion vs. Subversion officer with or without
civilian support
Rebellion Subversion
Crime against pubic Crime against national
order security 3. Article 135 - Penalty
There must be public Being officers and for
uprising to overthrow ranking members of Rebellion,
the government subversive groups
constitute subversion Insurrection or Coup
d’
NOTE: There is no longer a crime of subversion by virtue of RA 7636, which État
repealed RA 1700.
Persons liable for rebellion, insurrect
Rebellion vs. Sedition or coup d'etat
Rebellion Sedition (1) The leaders:
There must be taking It is sufficient that the (a) Any person who prom
up of arms against the public uprising be maintains or heads a rebelli
government. tumultuous. insurrection; or
The purpose is always The purpose may be (b) Any person who leads, direc
political. political or social. commands others to undert
coup d'etat;
(2) The participants:
(a) Any person who participate
 CRIMINAL LAW REVIEWER

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executes the commands of others (2) Offender commits any of the follo
in rebellion or insurrection; acts:
(b) Any person in the government (a) Failing to resist a rebellion by
service who participates or means in their power;
executes directions or commands (b) Continuing to discharge the dutie
of others in undertaking a coup
d‘etat; their offices under the control of the
(c) Any person not in the government (c) Accepting appointment to office unde
service who participates, supports,
finances, abets or aids in
undertaking a coup d'etat.
The crime presupposes
If under the command of unknown leaders, any
rebellion committed by other
person who directed the others, spoke for persons. Offender must not
them, signed receipts and other documents be in conspiracy with the
issued in their name on behalf of the rebels rebels. Effect of conspiracy:
shall be deemed a leader. Public officer is himself guilty
of rebellion.
Note: Mere silence or omission is not punishable.

6. Article 138 - Inciting

4. Article 136 - Conspiracy and Proposal to Commit Coup to Rebellion or
d’ État, Insurrection
Rebellion or Insurrection
Elements:
Mode 1: Conspiracy to commit coup (1) Offender does not take arms or is
d’état, rebellion or insurrection open hostility against the governm
(2) He incites others to the execut
Elements: any of the acts of rebellion;
(1) Two or more persons come to an (3) The inciting is done by mea
agreement to swiftly attack or to rise speeches, proclamations, wr
publicly and take arms against the
emblems, banners or
Government for any of the purposes of
representations tending to the
rebellion or insurrection;
end.
(2) They decide to commit it.
NOTE: There is no crime of inciting to
Mode 2: Proposal to commit coup d’état,
treason.
rebellion or insurrection
Inciting to Rebellion vs. Proposal to
Elements:
Commit
(1) A person has decided to swiftly attack Rebellion
or to rise publicly and take arms
against the Government for any of the
purposes of rebellion or insurrection; Proposal to Commit Inciting to
(2) Such person proposes its execution to Rebellion Rebellion
some other person or persons. The offender induces another to co
rebellion. Rebellion should not be ac
Conspiracy vs. Proposal committed by the persons to whom
Conspiracy—when two or more persons come to an agreement to rise publicly and proposed or who are incited. [Otherwise,
take arms against government for any of the purposes of rebellion and decide to become principals by inducement in the
commit it. of rebellion.]
The person who There is no need
Proposal—when the person who has decided to rise publicly and take arms against proposes has decided the offender
the government for any of the purposes of rebellion proposes its execution to some to commit rebellion. decided to co
other person or persons. rebellion.
The person who The act of incit
5. Article 137 - Disloyalty of Public Officers or Employees proposes the done publicly.
execution of the crime
uses secret means.
Elements:
(1) Offender is a public officer or employee;
 CRIMINAL LAW REVIEWER

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7. Article 139 - Sedition A friction between the Philippine
(asked once) constabulary and the Manila police
escalated and resulted in the deaths
of 6 policemen and 2 civilians and in
Elements: the serious injuries of 3 civilians.
(1) Offenders rise publicly and
tumultuously; The Court held that unlike the crime
(2) Offenders employ force, intimidation, or of rebellion, common crimes
other means outside of legal methods; committed in the occasion of sedition
(3) Purpose is to attain any of the following are to be appreciated as separate
objects: crimes.
(a) To prevent the promulgation or [People v Cabrera (1922)]
execution of any law or the holding
of any popular election;
(b) To prevent the national government 8. Article 140 - Persons
or any provincial or municipal Liable for Sedition
government or any public officer
from exercising its or his functions,
(1) The leader of the sedition;
or prevent the execution of an
administrative order; (2) Other person participating in
the sedition.
(c) To inflict any act of hate or revenge
upon the person or property of any
public officer or employee; 9. Article 141 -
(d) To commit, for any political or
social end, any act of hate or
Conspiracy to Commit
revenge against private persons or Sedition
any social classes;
(e) To despoil for any political or social Elements:
end, any person, municipality or province, or the national government (1) Two or more persons come to an
of all its property or any part thereof. agreement and a decision to rise
publicly and tumultuously to atta
Tumultuous: If caused by more than three persons who are armed or provided with of the objects of sedition;
the means of (2) They decide to commit it.
violence. (Art. 163)
NOTE: There is no proposal to commit
The purpose of this crime is not the overthrowing of the government but the sedition.
violation of public peace.
10. Article 142
Under R.A. 8294, sedition absorbs the use of unlicensed firearm as an element – Inciting
thereof; hence, it is not an aggravating circumstance, and the offender can no
longer be prosecuted for illegal possession of firearm. (Boado, Comprehensive to Sedition
Reviewer in Criminal Law).
Mode 1. Inciting others to
Sedition vs. Coup d’etat accomplishment of any of the
which constitute sedition
Sedition Coup d’etat
means of speec
There is no distinction Offender belongs to proclamations, writings, embl
as to who may commit; the military or police etc.
a private individual may or holding any public
commit the offense office or Elements:
employment (1) Offender does not take direct p
Primary purpose is to To seize or to the crime of sedition;
disturb public peace diminish state power (2) He incites others to
accomplishment of any of the
Sedition vs. Treason which constitute sedition by mea
speeches, proclamations, wr
Sedition Treason
emblems, cartoons, banners, or
It is the raising of It is the violation by a representations tending toward
commotions or subject of his same end.
disturbances in the allegiance to his
State. sovereign. Mode 2. Uttering seditious word
speeches which tend to di
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the public peace; committees or divisions thereof
any provincial board or c
Mode 3. Writing, publishing, or municipal council or board;
circulating scurrilous (2) Offender, who may be any
libels against the prevents such meetings by fo
government or any fraud.
of the duly
constituted authorities thereof,
which tend to disturb the public 2. Article 144 -
peace. Disturbance of
Proceedings
Elements:
(1) Offender does not take part in the Elements:
crime of sedition. (1) There is a meeting of Congress or
(2) He uttered words or speeches and its committees or subcomm
writing, publishing or circulating constitutional commissions
scurrilous libels and that committees or divisions thereof, or
(a) Tend to disturb or obstruct any provincial board or city or mu
lawful officer in conducting the council or board;
functions of his office; (2) Offender does any of the following
(b) Tend to instigate others to cabal (a) He disturbs any of such meet
and meet together for unlawful (b) He behaves while in the pres
purposes; of any such bodies in such a
(c) Suggest or incite rebellious manner as to interrupt its
conspiracies or riots; OR proceedings or to impair the
(d) Lead or tend to stir up the people respect due it.
against the lawful authorities or to
disturb the peace of the Complaint may be filed by a member
community, the safety and order of of the legislative body. One who
the government disturbs may also be punished for
contempt by Congress.
Considering that the objective of sedition is to express protest against the
government and in the process creating hate against public officers, any act
that will generate hatred against the government or a public officer 3. Article 145 - Violation
concerned or a social class may amount to Inciting to Sedition. of Parliamentary
Immunity
Article 142 is, therefore, quite broad.
Mode 1: Using force, intimidation,
Constitutional Tests relative to seditious words: threats, or frauds to prev
Clear and Present Danger, and Dangerous Tendency any member of Congress
from attending t
The manifest, unmistakable tendency of the dramatic play, in view of the meetings of Congress or o
time, place, and manner of its presentation, was to inculcate a spirit of of its committees o
hatred and enmity against the American people and the Government of the subcommittees,
US in the Philippines. [US v Tolentino (1906)] constitutional commiss
or committees or divis
B. Chapter II - Crimes against thereof, or from expressin
opinion or
Popular Representation
casting his vote;
Elements:
(1) Offender uses force, intim
threats or fraud;
1. Article 143 - Acts Tending to Prevent the Meeting of
(2) The purpose of the offender
the Congress of the Philippines and prevent any member of Congress
Similar Bodies (a) Attending the meetings
Congress or of any of its commit
Elements: constitutional
(1) There is a projected or actual meeting commissions; (b) Expressing
of Congress or any of its committees or his opinion; OR (c) Casting his
subcommittees, constitutional vote.
 CRIMINAL LAW REVIEWER

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insurrection, sedition, or as
Note: Offender in mode 1 is any person upon person in authority o
agents.
Mode 2: Arresting or searching any
member thereof while Congress Elements:
is in regular or (1) There is a meeting, a gatherin
group of persons, whether in a
special session, except in case
place or moving;
such member has committed a
crime punishable under the (2) The audience, whether armed or n
Code by a penalty higher than incited to the commission of the
prision mayor. of treason, rebellion or insurre
sedition or direct assault.
Elements:
(1) Offender is a public officer of employee; Persons liable for illegal assembly:
(2) He arrests or searches any member of (1) The organizer or leaders
Congress; of the meeting;
(3) Congress, at the time of arrest or (2) Persons merely present at
search, is in regular or special session; the meeting, who must
(4) The member arrested or searched has have a common intent to
not committed a crime punishable commit the felony of
under the Code by a penalty higher illegal assembly.
than prision mayor.
Presumptions if a person carried
Parliamentary immunity does not protect members of Congress from an unlicensed firearm:
responsibility in accordance with the disciplinary rules of Congress itself. (1) The purpose of the meeting
insofar as he is concerned is
1987 Constitution: Members of Congress cannot be arrested for offenses to commit acts punishable
punishable by a penalty less than prision mayor (6 yrs and 1 day to 12 yrs), under the RPC
while Congress is in session. They can be prosecuted after Congress (2) He is considered a leader or
adjourns. organizer of the meeting.

NOTE: Not all persons present at the

C. Chapter III – Illegal Assemblies meeting of the first form of illegal
and Associations assembly must be armed.

2. Article 147 - Illegal

1. Article 146 - Illegal Assemblies Associations
(asked once 1983-86) (See RA 8294)
(1) Associations totally or
Mode 1: Any meeting attended by armed partially organized for the
purpose of committing any of
persons
the crimes punishable under
for the purpose of committing
the Code;
any of the crimes punishable
under the Code; (2) Associations totally or
partially organized for some
Elements: purpose contrary to public
morals.
(1) There is a meeting, a gathering or
group of persons, whether in a fixed
place or moving; Persons liable for illegal
(2) The meeting is attended by armed associations:
persons; (1) Founders, directors and
president of the association;
(3) The purpose of the meeting is to
(2) Mere members of the
commit any of the crimes punishable
under the Code. association.

Mode 2: Any meeting in which the Public Morals: matters which affect
audience, whether armed or not, the interest of society and public
is incited to the commission of convenience, not limited to good
the crime of treason, rebellion or customs
 CRIMINAL LAW REVIEWER

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authority or his agent;
Illegal Assemblies vs. Illegal Associations (3) At the time of the assault, the pe
Illegal Assembly Illegal Association authority or his agent is engaged
There must be an Actual meeting not actual performance of official duti
actual meeting or necessary that he is assaulted by reason
assembly past performance of official duties
(4) Offender knows that the one
What is punished the What is punished is
assaulting is a person in authority
are the the act of forming or
agent in the exercise of his duties.
meeting and organizing the
association (5) There is no public uprising.
attendance therein
Persons liable: Persons liable: The first form of direct assault
(1) Organizers (1) Founders, is tantamount to rebellion or
leaders of or directors, sedition, except that there is
meeting the president no pubic uprising.
(2) Persons t at (2) The members
presen the Classifications of direct
meeting assault: simple and
qualified.
See also: BP 880 - Public Assembly Act of 1985
Assault is qualified when:
(1) There is a weapon employed in
D. Chapter IV - Assault upon and Resistance and
the attack
Disobedience to, Persons in Authority and Their (2) The offender is a public officer
Agents (3) The offender lays hands on a
public authority

When the assault results in

1. Article 148 - Direct Assault the killing of that agent or of
(asked twice 1975-79; once 1987-89; once 2000-06) a person in authority, the
offense committed is complex
Mode 1. Without public uprising, by crime of direct assault with
employing force or intimidation murder or homicide. The only
for the attainment of any of the time when it is not complexed
is when material consequence
purposes enumerated in
is a light felony, that is, slight
defining the crimes of rebellion
physical injury. Direct assault
and sedition;
absorbs the lighter felony.
Elements:
(1) Offender employs force or intimidation; The force employed need not be
(2) The aim of the offender is to attain any serious when the
of the purposes of the crime of rebellion offended party is a person in authority;
or any of the objects of the crime of
sedition; Intimidation or resistance must
(3) There is no public uprising. be serious whether the offended
party is a person in authority OR
Mode 2. Without public uprising, by an
attacking, by employing force or agent of a person in authority
by seriously intimidating or by
seriously resisting any person in If the public officer is not a
authority or any of his agents, person in authority, the
while engaged in assault on him is an
the performance of official aggravating circumstance in
duties, or on occasion of such
Art. 14, no. 3 (rank). (Boado,
performance.
Comprehensive Reviewer in
Criminal Law).
Elements:
(1) Offender makes an attack, employs
There must be however an intent to
force, makes a serious intimidation, or
disregard the victim’s rank.
makes a serious resistance;
(2) The person assaulted is a person in
 CRIMINAL LAW REVIEWER

209
Gabutero was acting in the performance of his duties [as he was trying to pacify • Art. 152 clothes any person who
Dollantes who was causing trouble] as barangay captain when he was stabbed to comes to the aid of a person in
death. Thus, the crime committed was murder with assault upon a person in authority with the fiction of an
authority. agent of a person in authority.
[People v. Dollantes (1987)] • Any assault on him on the
occasion of his aiding a person
in authority or his agent is
2. Article 152 - Persons in Authority and Agents of indirect assault.
Persons in Authority
Agents of a
Public Persons in
Person in
3. Article 150 -
Officer Authority Disobedience to
Authority
(Art. 207) (Art. 152) Summons
(Art. 152)
Any person Any person Any Issued by
who takes directly vested Congress, Its
part in the with person who, Committees or
performance jurisdiction, by direct
of public whether as an provision of
Subcommittees,
functions in individual or law or by by the
the as a member election or Constitutional
of some court by
government.
or
Commissions,
appointment
governmental Its Committees,
by competent
corporation, authority, Subcommittees
board or is or Divisions
commission. charged
with Mode 1. By refusing, without
the excuse, to obey summon
maintenance Congress, its special or stan
of public committees and subcommit
order and the the Constitutional Commiss
protection and its commit
and security subcommittees or divisions
of life and by any commission or comm
property. chairman or member autho
• Teachers, lawyers and heads of schools recognized by government are persons to summon witnesses;
in authority only for purposes of Art. 152 in relation to Arts. 148 and 151, and
By refusing to be sworn
in connection with their duties. Mode 2. placed under affirmation w
being before such legislativ
• A person in authority includes a barangay chairman and members of the
constitutional body or officia
Lupong Tagapagkasundo as provided under the Local
Government Code. [Boado] By refusing to answer any
Mode 3. inquiry or to produce any bo
papers, documents, or recor
3. Article 149 - Indirect Assault his possession, when require
them to do so in the exerci
Elements: their functions;
(1) A person in authority or his agent is the
victim of any of the forms of direct Mode 4. By restraining another
assault defined in Article 148; attending as a witness in
(2) A person comes to the aid of such legislative or constitut
authority or his agent; body;
(3) Offender makes use of force or Mode 5. By inducing disobedience
intimidation upon such person coming summons or refusal to be s
to the aid of the authority or his agent. by any such body or official.

• Indirect assault can only be committed when a direct assault is also

committed.
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• The testimony of a person summoned must be upon matters into which the 1. Article 153 - Tumults
legislature has jurisdiction to inquire.
and Other
Disturbances of
3. Article 151 - Resistance and Disobedience to a Public Order
Person in Authority or the Agents of Such
Persons Mode 1: Causing any serious distur
(asked once 1979-82; twice 2000-06) in a public place, offi
establishment;
Mode 1: Resistance and serious
Mode 2: Interrupting or
disobedience
disturbing performanc
functions or gatherings, or
Elements: peaceful meetings, if the ac
(1) A person in authority or his agent is not included in Arts. 131 an
engaged in the performance of official 132;
duty or gives a lawful order to the
offender; Mode 3: Making any outcry tendi
(2) Offender resists or seriously disobeys incite rebellion or sedition
such person in authority or his agent; meeting, association or
(3) The act of the offender is not included place;
in the provision of Articles 148, 149 and
150. Mode 4: Displaying placards or emb
which
Mode 2: Simple disobedience provoke a disturbance of
order in such place;
Elements:
(1) An agent of a person in authority is Mode 5: Burying with pomp the bod
engaged in the performance of official person who has been
duty or gives a lawful order to the executed.
offender;
(2) Offender disobeys such agent of a person in authority; • Serious disturbance must be
(3) Such disobedience is not of a serious nature. planned or intended. This
article applies if the
• The accused must have knowledge that the person giving the order is a peace disturbance is not caused by a
officer. public officer; or, if it is
committed by a public officer,
Serious Disobedience vs. Direct Assault he is a participant therein.
Serious Direct Assault
Disobedience • Definition of ―outcry‖: to
shout subversive or
Person in authority or The person in
provocative words tending to
his agent must be in authority or his agent
actual performance of must be engaged in stir up the people to obtain by
his the performance of means of force or violence any
duties official duties or that of the objects of rebellion or
he is assaulted by sedition.
reason
thereof • If done unconsciously or
Committed only by Committed in four without intent to incite the
resisting or seriously ways (see Art. 148, listeners to rise to sedition or
disobeying a person in Mode 2 above) rebellion, this article applies.
authority or his agent • If done with intent to commit
rebellion or sedition: The crime
Use of force is not so There is force
is inciting to rebellion or
serious employed sedition.

• Definition of
E. Chapter V - Public Disorders ―tumultuous‖: If caused by
more than 3 persons who are
armed or provided with the
means of violence
 CRIMINAL LAW REVIEWER

211
while wandering about at
• Definition of ―burying with pomp the body of a person‖: ostentatious or while
display of a burial engaged in any other noctu
amusements;
2. Article 154 - Unlawful Use of Means of Publication and Mode 4: Causing any disturbance
Unlawful scandal in public places w
intoxicated or otherw
Utterances
provided Art. 153 is
applicable.
Mode 1. Publishing or causing to be
published, by means of
The crime alarms and scandal is only
printing, lithography or any
one crime.
other means of publication, as
news any false news which
Scandal here does not refer to moral
may endanger the public order,
scandal; that one is grave scandal in
or cause damage to the Article 200.
interest or credit of the State.
Encouraging disobedience to The essence of the crime is
Mode 2. the law or to the constituted disturbance of public tranquility and
authorities or praising, public peace.
justifying or extolling any act
punished by law, by the same Any kind of disturbance of public
means or by words, utterances order where the circumstance at the
or speeches; time renders the act offensive to the
tranquility prevailing, the crime is
Mode 3: Maliciously publishing or
committed.
causing to be published any
official document or resolution
Definition of charivari: includes a
without proper authority, or
medley of discordant voices, a mock
before they have been
serenade of discordant noises made
published officially on kettles, tin, horns, etc. designed to
Printing, publishing or annoy or insult
Mode 4: distributing (or causing the
same) books, pamphlets, NOTE: ―Calculated to cause‖ should
periodicals, or leaflets which be ―which produces‖ alarm and
do not bear the real printer’s danger according to the correct
name, or which are classified translation of the RPC. Hence, the
as anonymous. result, and not
the intent, that counts. (Reyes)
To be liable, the offender must know that the news is false.

Actual public disorder or actual damage to the credit of the State is not 4. Article 156 -
necessary. Delivering Persons
from Jail
3. Article 155 - Alarms and Scandals (asked once 1987-89; once 2000-06)

Discharging any firearm, Elements:

Mode 1: (1) There is a person confined in a ja
rocket, firecracker, or other
penal establishment;
explosive within any town or
public place, calculated to (2) Offender removes therefrom such
cause (which produces) alarm person, or helps the escape of su
or danger; person.
Mode 2: Instigating or taking an active
part in any charivari or other In relation to infidelity in the custody
disorderly meeting offensive to of prisoners, correlate the crime of
another or delivering person from jail with
prejudicial to public tranquility; infidelity in the custody of prisoners
punished under Arts. 223, 224 and
Mode 3:
Disturbing the public peace 225 of the Revised Penal Code.
 CRIMINAL LAW REVIEWER

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(1) By simply leaving or
In both acts, the offender may be a public officer or a private citizen. escaping from the penal
establishment under Article
Crime under Art. 156 is committed by a public officer when he is not the custodian 157;
of the prisoner at the time the prisoner was made to escape. (2) Failure to return within 48
hours after having left the
If the public officer has the custody of the prisoner when such prisoner escaped he penal establishment
is liable under Art. because of a calamity,
223 for Infidelity in the custody of a prisoner. conflagration or mutiny and
such calamity,
If the prisoner who escapes is only a detention prisoner, he does not incur liability conflagration or mutiny has
from escaping if he does not know of the plan to remove him from jail. been announced as already
passed under Article 158;
But if such prisoner knows of the plot to remove him from jail and cooperates (3) Violating the condition of
therein by escaping, he himself becomes liable for delivering prisoners from jail as a conditional pardon under
principal by indispensable cooperation. Article 159.

If three persons are involved – a stranger, the custodian and the prisoner – In leaving or escaping from jail or
three crimes are committed: prison, that the prisoner immediately
(1) Infidelity in the custody of prisoners [public officer-custodian]; returned is immaterial.
(2) Delivery of the prisoner from jail [stranger]; and
(3) Evasion of service of sentence [prisoner]. It may be mitigating, but it will not
absolve his criminal liability.
Cledera, as the governor, is the jailer of the Province. Esmeralda is the
Assistant Provincial Warden. As public officials who have the custody or 2. Article 158 - Evasion
charge of the prisoner, they cannot be prosecuted under Art. 156.
of Service of
Art 223 would have applied; however, there is no sufficient evidence to Sentence on the
warrant their prosecution for infidelity in the custody of prisoner. It is Occasion of
necessary that the public officer had consented to, or connived in, the Disorders,
escape of the prisoner under his custody or Conflagrations,
charge. [Alberto v. Dela Cruz (1980)]
Earthquakes, or
Other Calamities
F. Chapter VI - Evasion of Service
of Sentence Elements:
(1) Offender is a convict by final jud
who is confined in a penal institu
(2) There is disorder, resulting from
1. Article 157 - Evasion of Service of Sentence conflagration;
(asked once 1975-79; once 1987-90) (b) earthquake;
(c) explosion;
Elements: (d) similar catastrophe; or
(1) Offender is a convict by final judgment; (e) mutiny in which h
(2) He is serving sentence which consists has not
in the deprivation of liberty; participated;
(3) He evades service of his sentence by (3) He evades the service of his se
escaping during the term of his by leaving the penal institution
imprisonment. he is confined, on the occasion o
disorder or during the mutiny;
Qualifying circumstances as to penalty imposed if such evasion or (4) He fails to give himself up
escape takes place: authorities within 48 hours fo
- By means of unlawful entry (this should be ―by scaling‖ - Reyes); the issuance of a proclamation
- By breaking doors, windows, gates, walls, roofs or floors; Chief Executive announcing
- By using picklock, false keys, disguise, deceit, violence or intimidation; or passing away of such calamity.
- Through connivance with other convicts or employees of the penal
institution. Leaving the penal establishment is
not the basis of criminal liability. It is
Evasion of service of sentence has three forms:
 CRIMINAL LAW REVIEWER

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the failure to return within 48 hours after the passing of the calamity, conflagration
or mutiny had been announced. Elements:
(1) Offender was already convicted b
Under Article 158, those who return within 48 hours are given credit or deduction judgment of one offense;
from the remaining period of their sentence equivalent to 1/5 of the original term of (2) He committed a new felony b
the sentence. beginning to serve such senten
while serving the same.
If the prisoner fails to return within said 48 hours, there will be an additional penalty
of 1/5, shall be imposed but the 1/5 penalty is based on the remaining period of the
See Also:
sentence, not on the original sentence. In no case shall that penalty exceed six
(1) PD 1866 as amended by RA
months.
8294: Illegal Possession of
Firearms
Mutiny is one of the causes which may authorize a convict serving sentence in the
(2) RA 9372: Human Security Act
penitentiary to leave the jail provided he has not taken part in the mutiny.
Distinction between
3. Article 159 - Other Cases of Habitual Delinquency,
Recidivism and
Evasion of Service of Sentence Habituality/Reiteracion/Re
petition See Annex B.
Elements:
(1) Offender was a convict;
(2) He was granted a conditional pardon by H. Title IV. Crimes
the Chief Executive; against Public
(3) He violated any of the conditions of Interest
such pardon.

Violation of conditional pardon is a distinct crime. In violation of conditional pardon,

as a rule, the violation will amount to this crime only if the condition is violated Acts of Counterfeiting
during the remaining period of the sentence. (1) Article 162 - Using Forged Signat
Counterfeit Seal or Stamp
If the condition of the pardon is violated when the remaining unserved (2) Article 161 - Counterfeiting the
portion of the sentence has already lapsed, there will be no more criminal Seal of the Government of
liability for the violation. Philippine Islands, Forging the Sign
However, the convict maybe required to serve the unserved portion of the or Stamp of the Chief Executive
sentence, that is, continue serving original penalty. (3) Article 164 - Mutilation of Coins
(4) Article 163 - Making and Importin
Violation of Conditional Pardon vs. Evasion of Uttering False Coins
Service of Sentence by Escaping (6) Article 165 - Selling of False or Mu
Violation of Evasion of Service Coin, Without Connivance
Conditional Pardon of Sentence (7) Article 167 - Counterfeiting, Imp
Does not cause harm An attempt at least to and Uttering Instruments Not Paya
or injury to the right of evade the penalty Bearer
another person nor inflicted by the courts (8) Article 166 - Forging Treasury or
does it disturb the upon criminals and Notes or Other Documents Paya
public order; merely thus Bearer; Importing and Uttering
defeat the
an infringement of the False or Forged Notes and Docume
purpose of the law of
stipulated terms in
either reforming or Acts of Forgery
conditional pardon
punishing them for
(1) Article 168 - Illegal Possession and
having disturbed the of False Treasury or Bank Notes an
public order. Other
Instruments of Credit
(2) Article 169 - How Forgery is Comm
G. Chapter VII - Commission of Another Crime
during Service of Penalty Imposed for Acts of Falsification
Another Previous Offense (1) Article 170 - Falsification of Legis
Documents
(2) Article 171 - Falsification by
Officer, Employee or Notar
1. Article 160 - Quasi Recidivism Ecclesiastical
 CRIMINAL LAW REVIEWER

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Minister
(3) Article 172 - Falsification by Private When the signature of the
Individual and Use of Falsified president is forged, the crime
Documents committed is covered by this
(4) Article 173 - Falsification of Wireless, provision and not falsification
Cable, Telegraph and Telephone of public document.
Messages, and Use of Said Falsified
Messages Intent to use is necessary.
(5) Article 175 - Using False Certificates Actual use, however, is not
(6) Article 174 - False Medical Certificates, required, as long as the forger
False Certificates of Merits or Service, intended to use it.
etc.
(7) Article 176 - Manufacturing and
Possession of Instruments or
2. Article 162 - Using
Implements for Forged Signature or
Falsification Counterfeit Seal or
Stamp
Other Falsities
(1) Article 177 - Usurpation of Authority or Elements:
Official Functions
(1) The great Seal of the Republic
(2) Article 179 - Illegal Use of Uniforms and counterfeited OR the Signatu
Insignia stamp of the Chief Executive
(3) Article 178 - Using Fictitious and forged by another person;
Concealing True Name (2) Offender Knew of the counterfeit
(4) Article 180 - False Testimony Against a forgery;
Defendant (3) He Used the counterfeit seal or
(5) Article 181 - False Testimony Favorable signature or stamp.
to the Defendant
(6) Article 182 - False Testimony in Civil Remember:
Cases Offender under this article
(7) Article 184 - Offering False Testimony in should not be the forger. The
Evidence participation of the offender is
(8) Article 183 - False Testimony in Other in effect that of an accessory.
Cases and Perjury in Solemn Affirmation
(9) Article 185 - Machinations in Public Although the general rule is
Auctions that he should be punished
(10) Article 186 – Monopolies and by a penalty of two degrees
Combinations in Restraint of Trade lower, under Art. 162 he is
(11) Article 187 – Importation and punished by a penalty only
Disposition of Falsely Marked Articles or one degree lower.
Merchandise Made of Gold, Silver, or
other Precious Metals or their Alloys
3. Article 163 - Making
The crimes in this title are in the nature of fraud or falsity to the public. Deceit and Importing and
perpetrated upon the public is the act being punished. Uttering False Coins

Elements:
1. Acts of Counterfeitin
(1) There be False or counterfeited co
(2) Offender either Made, importe
uttered such coins;
1. Article 161 - Counterfeiting the Great Seal of the (3) In case of uttering such fals
counterfeited coins, he Connived
Government of the Philippine Islands, Forging the
the counterfeiters or importers.
Signature or Stamp of the Chief Executive
Remember:
Acts punished: Forging the To utter is to pass counterfeited coins.
(1) Great Seal of the Government of the It includes delivery or the act of
Philippines; giving them away.
(2) Signature of the President;
(3) Stamp of the President.
 CRIMINAL LAW REVIEWER

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To import fake coins means to bring them into port. The importation is complete Deliberate intent arises only when
before entry at the the offender collects the precious
Customs House [US vs. Lyman] metal dust from the mutilated coin.

Kinds of coins the counterfeiting of which is punished If the offender does not collect such
A. Silver coins of the Philippines or coins of the dust, intent to mutilate is absent, but
Central Bank of the Philippines; PD 247 will apply.
B. Coins of the minor coinage of the Philippines or of the Central Bank of the
Philippines; C. Coin of the currency of a foreign country. See Special Law: PD 247
(Defacement, Mutilation, Tearing,
The counterfeiting of foreign currency is punishable, regardless of whether or not it Burning or Destroying Central Bank
is still in official circulation. The reason behind this is not only the harm that it may Notes
cause to the public in case it goes into circulation again, but also the possibility that and Coins)
the counterfeiter may later apply his trade to the making of coins in actual
circulation. [People vs.
Kong Leon] 5. Article 165 - Selling
of False or
Mutilated Coin,
4. Article 164 - Mutilation of Coins
Without
Acts punished
Connivance
(1) Mutilating coins of the legal currency,
with the further requirement that there Mode 1: Possession of coin, counterfe
be intent to damage or to defraud or mutilated by another pe
another; with intent to utter the s
(2) Importing or uttering such mutilated knowing that it is false
mutilated;
coins, with the further requirement that
there must be connivance with the
Elements:
mutilator or importer in case of
(1) Possession;
uttering.
(2) With Intent to utter; and
(3) Knowledge.
The first acts of falsification or falsity include:
(1) Counterfeiting
(2) Forgery Mode 2: Actually uttering such fal
mutilated coin, knowing the same
(3) Falsification
false or mutilated.
In so far as coins in circulation are concerned, there are two crimes that may be
Elements:
committed:
(1) Actually uttering; and
(1) Counterfeiting coins
(2) Mutilation of coins (2) Knowledge.

Possession prohibited in this

Requisites of Mutilation under the RPC: article is not only actual and
(1) Coin mutilated is of legal tender; physical possession, but also
(2) Offender gains from the precious metal dust abstracted from the coin; that of a constructive one, or
(3) It has to be a coin. the subjection of the thing to
one‘s control. The possessor
―Mutilation‖ means to take off part of the metal either by filling it or substituting it should not be the
for another metal of inferior quality. counterfeiter, mutilator, or
importer of the coins.
Since the coins before were made of silver and/or other precious metal, shaving the
metal from the coins became a practice. Hence, the coin‘s intrinsic value is As long as the offender has
diminished. knowledge that the coin is
false or mutilated, there is no
This is the only article that requires that the mutilated coin be legal tender. need for him to connive with
the counterfeiter or mutilator.
Foreign coins are covered in this article.

There is no requirement of expertise involved here. 6. Article 166 -

Forging
Treasury or
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Bank Notes or Other Documents Payable to 1. Article 168 - Illegal
Bearer; Importing and Uttering Such False or Possession and Use of
Forged Notes and Documents False Treasury or
Bank Notes and Other
Acts punished Instruments of
(1) Forging or falsification of treasury or Credit
bank notes or other documents
payable to bearer;
(2) Importation of such false or forged Elements:
obligations or notes; (1) Any treasury or bank note or cert
or other obligation and security:
(3) Uttering of such false or forged
obligations or notes in connivance with (a) Payable to bearer, or any
instrument payable to order
the forgers or importers.
other document of credit not
payable to bearer is
―Forging‖: By giving any treasury or bank note, or any instrument payable
(b) Forged or falsified by anothe
to bearer, or to order the appearance of a true and genuine document.
person;
(2) Offender Knows that a
―Falsification‖: By erasing, substituting, counterfeiting or altering by any
of those
means, the figures, letters, words, or signs contained therein.
instruments is forged or falsified;
The instrument is payable to bearer: (3) He either –
(1) When expressed to be so payable (a) Uses any of such forged or fa
(2) When payable to a person named therein or bearer instruments; or
(3) When payable to the order of a fictitious or non-existing person, and such (b) Possesses with intent to use
fact was known to the person making it so payable such forged or falsified instru
(4) When the name of the payee does not purport to be the name of any
person The rule is that if a person had in his
(5) When the only or last endorsement is an endorsement in blank. possession a falsified document and
he made use of it, taking advantage
Reason for this is that the forging tends to bring such documents into discredit and of it and profiting thereby, the
the offense produces a lack of confidence on the part of the holders of said presumption is that he is the material
documents to the prejudice of society and of the State. author of the falsification.

Intent to use is sufficient to

7. Article 167 - Counterfeiting, Importing, and Uttering consummate the crime when the
Instruments Not Payable to Bearer offender is in possession of false or
falsified notes or
obligations. [People
Elements:
vs.
(1) There is an Instrument payable to order
Sendaydiego, (1978)]
or other document of credit not
payable to bearer;
(2) Offender either Forged, 2. Article 169 - How
imported or Forgery is Committed
uttered such instrument;
(3) In case of uttering, he Connived with
(1) By Giving to a
the forger or importer.
treasury or bank note
or any instrument
This covers instruments or other documents of credit issued by a foreign payable to bearer or
government or bank. to order mentioned
therein, the
Forgery of currency is punished so as to maintain integrity of the currency and thus appearance of a true
insure the credit standing of the government. and genuine
document;
(2) By Erasing,
2. Acts of Forgery
substituting,
counterfeiting, or
0.
 CRIMINAL LAW REVIEWER

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altering by any means the figures, letters, words, or sign contained wireless, or telegraph
therein. messages.
Crimes under Forgeries.
Forgery includes falsification and counterfeiting.

For possession of false treasury or bank note to constitute a criminal 2. Article 171 -
offense, it must be with intent to use. Falsification by Public
Officer, Employee or
The essence of forgery is giving a document the appearance of a true and genuine
document.
Notary or
Ecclesiastical
Not any alteration of a letter, number, figure or design would amount to Minister
forgery. At most, it would only be frustrated forgery. (asked 8 times)

Forgery can be committed through the use of genuine paper bills that have Elements:
been withdrawn from circulation, by giving them the appearance of some (1) Offender is a Public officer, em
other true and genuine document. [People vs. or notary public;
Galano] (2) He Takes advantage of his
position;
3. Acts of Falsification (3) He falsifies a document by com
any of the following acts:
(a) Counterfeiting or
0. imitating any
1. Article 170 - Falsification of Legislative Documents handwriting, signature or rub
(b) Causing it to appear that per
have participated in any act
Elements:
proceeding when they did no
(1) There is a Bill, resolution or ordinance fact so participate;
enacted or approved or pending
(c) Attributing to persons who ha
approval by either House of the
participated in an act or proc
Legislature or any provincial board or
statements other than those
municipal council;
made by them;
(2) Offender Alters the same;
(d) Making untruthful statement
(3) He has No proper authority therefor;
narration of facts;
(4) The alteration has Changed the
(e) Altering true dates;
meaning of the documents.
(f) Making any alteration or
intercalation in a genuine
The writing must be: document which changes its
(1) complete in itself; and meaning;
(2) capable of extinguishing an obligation or creating rights; or (g) Issuing in an authenticated fo
(3) capable of becoming evidence of the facts stated therein. (i) A document purporting to
copy of an original docum
Five classes of falsification: (ii) When no such original ex
(1) Falsification of legislative documents;
(iii) Including in such a copy
(2) Falsification of a document by a public officer, employee or notary public; statement contrary to, or
(3) Falsification of a public or official, or commercial documents by a private different from, that of the
individual; genuine original;
(4) Falsification of a private document by any person; (h) Intercalating any instrument
(5) Falsification of wireless, telegraph and telephone messages. note relative to the issuance
thereof in a protocol, registry
Distinction between falsification and forgery: official book.
FALSIFICATION FORGERY
Commission of any of Refers to the 1st Element: Persons Liable under
the 8 acts mentioned falsification and this Article Under this article, only a
in Art 171 on counterfeiting of public officer, employee or notary
legislative (only treasury or bank public, or ecclesiastical minister can
alteration), public or notes, or any be the offender.
instruments
official commercial, or
payable, or to order
private documents, or
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The ecclesiastical minister is liable with respect to any record or document that its of
falsification may affect the civil status of persons. fac
ts
2nd Element: Offender Take Advantage of his Fou
Official Position r
Offender takes advantage of his official position in falsifying a document when: Req
(1) He has the duty to make or prepare, or intervene in the preparation of uisi
the document; or tes:
(2) He has the official custody of the document he falsifies. (1) Offender makes in a
document statements in a
3rd Element: Offender Falsifies a Document A document is any written narration of facts
statement by which a right or status is established or an obligation is (2) He has a legal obligation to
extinguished. disclose truth of facts
(3) Facts narrated are absolutely
false
PAR1 PAR2 PAR3 PAR4
(4) Perversion of truth in the
May be a May be a May be a May be a narration was made with the
genuine genuine genuine genuine wrongful intent of injuring a
(later (later (later (later
third person.
falsified) falsified) falsified) falsified)
or an or an or an or an
There must be narration of facts, not
entirely entirely entirely entirely
conclusion of law. There should be a
fabricated fabricated fabricated fabricated legal obligation to disclose
document document document document the truth. [Beradio vs. CA]

The person making the narration of

PAR5 PAR6 PAR7 PAR8 facts must be aware of the falsity of
May be a There There There facts narrated by him. The narration
genuine must be must be must be of facts must be absolutely false. If
(later a a a there is some colorable truth in such
falsified) genuine genuine genuine statements, crime of falsification is
or an document document document not deemed to have been committed.
entirely The existence of a wrongful intent to
fabricated injure a third person is immaterial in
document falsification of a public document.
[Siquian vs. People]
PAR 1: Counterfeiting or imitating any handwriting, signature or rubric.
2 ways of committing falsification under this paragraph: There can be falsification by
(1) Counterfeiting, which is imitating any handwriting, signature or rubric omission. An assistant bookkeeper is
(a) There should be an intent to imitate, or an attempt to imitate guilty of falsification by intentionally
(b) Two signatures, the genuine and the forged, should bear some not putting a record in his personal
resemblance. account of chits and destroyed them
so he could avoid paying the
(2) Feigning, which is simulating a signature, handwriting or rubric out of
one which does not actually exist. same. [People vs. Dizon]

PAR 2: Causing it to appear that persons have participated in any PAR 5: Altering true dates
act or proceeding when they did not in fact so participate. (1) The date must be essential
Two Requisites: (2) The alteration of the date
(1) Offender caused it to appear in a document that a person/s participated must affect the veracity of
in an act or proceeding. the documents or the effects
thereof (such as dates of
(2) Such person/s did not in fact participate.
birth, marriage, or death).
PAR 3: Attributing to persons who have participated in an act or
PAR 6: Making any alteration or
proceeding statements other than those in fact made by them Three
intercalation in a genuine
Requisites:
document which changes its
(1) Person/s participated in an act or proceeding
meaning Four Requisites:
(2) Such person/s made statements in that act or proceeding
(1) There be an alteration
(3) Offender, in making a document, attributed to such person/s statements
(change) or intercalation
other than those they in fact made.
(insertion) on a document.
PAR 4: Making untruthful statements in a narration
 CRIMINAL LAW REVIEWER

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(2) It was made on a genuine document.
(3) Alteration or intercalation has changed the meaning of the document. All other writings are private.
(4) Change made the document speak something false.
After an investigation, a group of
Change or insertion must affect the integrity or effects of the document. public officers were caught and
Furthermore, the alteration should make the document speak something false. convicted of falsifying cash vouchers.
Otherwise, it would merely be a correction.
On appeal the SC held that cash
PAR 7: Issuing in an authenticated form a document purporting to be a vouchers are NOT commercial
copy of an original document when no such original exists, or including in documents because they are not
such a copy a statement contrary to, or different from, that of the genuine documents used by merchants or
original businessmen to promote or facilitate
Falsification in this paragraph cannot be committed by a private individual, or by a credit transactions nor they are
notary public, or by a public officer, who does not take advantage of his official defined and regulated by the Code of
position. Commerce or other commercial law.

This is because authentication of a document can only be made by the Rather, they are private documents
custodian or the one who prepared and retained a copy of the original. which have been defined as:
(1) Purporting to be a copy of the original when no such original exists. (1) Deeds or instruments
(2) Including a copy a statement contrary to, or different from, that of the executed by a private person
genuine original. (2) Without the intervention of a
pubic notary or of other
A private person who cooperates with a public officer in the falsification of a person legally authorize,
public document is guilty of the crime and incurs the same liability and (3) By which some disposition or
penalty. agreement is proved,
evidenced or set forth.
There are four kinds of documents: [People v. Batulanon (2007)]
(1) Public document in the execution of which, a person in authority or
notary public has taken part; 3. Article 172 -
(a) A document created, executed or issued
Falsification by
(b) By a public official
(c) In response to the exigencies of the public service, Private Individual
(d) Or in execution of w/c public official intervened. and Use of Falsified
(2) Official document in the execution of which a public official takes Documents
part; (asked 6 times)
(a) A document issued by a public official in the exercise of the functions
of his office. It falls within the larger class called public documents. Mode 1: Falsification of public, offici
(b) A document required by a bureau to be filled by its officers for commercial document by a
purposes of record and information is a public document. private individual;
(3) Commercial document or any document recognized by the Code of
Commerce or any commercial law; and Elements:
(4) A deed or instrument executed by a private person without the (1) Offender is a Private individu
intervention of a notary public or other persons legally authorized. - Public officer or employee who
Private document in the execution of which only private individuals take
take part. advantage of his official position;
(2) He committed any act of Falsi
The element of damage is not necessary because it is the interest of the (Art. 171);
community which is intended to be guaranteed. (3) The falsification was committe
public, official, or com
The character of the offender and his faithfulness to his duty is mainly taken Document or letter of exchange.
into consideration.
Mode 2: Falsification of private docu
Public and Private writings under the Rules of Court: by any person;
The following are public documents:
(1) Written official acts, or records, of the official acts of the sovereign Elements:
authority, official bodies and tribunals, and public officers (1) Offender committed any of the a
(2) Documents acknowledged before a notary public except last will and Falsification except Article 171(7
testaments is,
(3) Public records kept in the Philippines, of private documents required (a) Issuing in an authenticated
by law to be entered therein. document purporting to be a c
 CRIMINAL LAW REVIEWER

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an original document when no such
original exists, or The possessor of a falsified
(b) Including in such a copy a statement document is presumed to be the
contrary to, or different from, that of author of the falsification.
the genuine original; [People vs.
(2) Falsification was committed in any Manansala]
Private document;
(3) Falsification causes Damage to a third The presumption also holds if
party or at least the falsification was the use was so closely
committed with intent to cause such connected in time with the
damage. falsification and the user had
the capacity of falsifying the
Mode 3: Use of falsified document. document. [People vs.
Sendaydiego]
Elements in introducing in a judicial
proceeding There is no crime of estafa
(1) Offender Knew that the document was through falsification of a
private document. Both
falsified by another person;
crimes, separately, require
(2) The False document is in Articles 171 or
the element of damage,
172 (1 or 2);
which each of the two should
(3) He Introduced said document in have its own.
evidence in any judicial proceeding.
The fraudulent gain obtained through
Elements in use in any other transaction –
deceit should not be the very same
(1) Offender Knew that a document was damage caused by the falsification of
falsified by another person; the private document.
(2) The False document is embraced in
Articles In this case, the petitioners are
171 or 172 (1 or 2); charged under Article 171,
(3) He Used such document; paragraphs 2 and 7 of the RPC.
(4) The use caused Damage to another or Petitioners Regidor and Zapatos, as
at least used with intent to cause Mayor, and Member and Temporary
damage. Presiding Officer of the Sangguniang
Panglungsod, respectively, made it
In the falsification of public or official documents, it is not necessary that appear that private complainants,
there be present the idea of gain or the intent to cause damage. This is among others, participated in the
because the principal thing punished is the violation of public faith and Sangguniang Panglungsod sessions
destruction of the truth as therein solemnly proclaimed. when they did not in fact so
participate, and issued, in
The existence of a wrongful intent to injure a third person is not necessary when authenticated forms, the assailed
the falsified document resolutions purporting to be copies of
is a public document. [Siquian vs People] original documents when no such
originals exist.
NOTE: This statement applies as well to commercial documents, because as to this
kind of document, a SC held that all the elements of the
credit is sought to be protected. [Reyes] offense punishable under Article 171,
paragraphs 2 and 7 of the RPC are
present in this case.
Since damage is not an element of falsification of a public document, it
could be complexed with estafa as a necessary means to commit the latter.
Furthermore, it is a fundamental
principle in the law on public officers
There is no crime of falsification of private document through negligence or
that administrative liability is
imprudence.
separate from and independent of
criminal liability. A simple act or
If the document is intended by law to be part of the public or official record,
omission can give rise to criminal,
the falsification, although it was private at the time of falsification, it is
civil or administrative liability, each
regarded as falsification of a public or official document.
independently of the others. This is
known as the ―threefold
Falsification through imprudence implies lack of such intent, thus there is no liability rule.‖
crime of falsification of a private document through negligence or
imprudence.
 CRIMINAL LAW REVIEWER

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Thus, absolution from a criminal charge is not a bar to an administrative (1) Physician or surgeon who,
prosecution, and vice-versa. connection with the practice o
profession, issues a false certifica
In this criminal prosecution, the dismissal of the administrative cases against the must refer to the illness or injury
petitioners will not necessarily result in the dismissal of the criminal complaints person);
filed against them. [Regidor v. People of the Phils & Sandiganbayan (2009)]
Note: The crime here is false medical cert
by a physician.
4. Article 173 - Falsification of Wireless, Cable,
Telegraph and Telephone Messages, and Use of Said (2) Public officer who issues a
Falsified Messages certificate of merit of service,
conduct or similar circumstances;
Mode 1: Uttering fictitious wireless, Note: The crime here is false certificate of
telegraph or telephone message; or service by a public officer.
Elements:
(3) Private person who falsifie
(1) Offender is an officer or employee of certificate falling within the cl
the government or an officer or mentioned in the two prec
employee of a private corporation, subdivisions.
engaged in the service of sending or
receiving wireless, cable or telephone Note: The crime here is false me
message;
certificate by a private individual or
(2) He utters fictitious wireless, cable,
certificate of merit or service by a p
telegraph or telephone message.
individual.
Mode 2: Falsifying wireless, telegraph or
telephone message; See Special Law: RA 4200: Anti-
wiretapping Law
Elements:
(1) Offender is an officer or employee of 6. Article 175 -
the government or an officer or
employee of a private corporation, Using
engaged in the service of sending or False
receiving wireless, cable or telephone Certificates
message;
(2) He falsifies wireless, cable, telegraph or Elements:
telephone message.
(1) The following Issues a false certificate
(a) Physician or surgeon, in conne
Mode 3: Using such falsified message. with the practice of his profe
issues a false Medical certifica
Elements: (b) Public officer issues a
(1) Offender knew that wireless, cable, certificate of Merit of service,
telegraph, or telephone message conduct or similar circumstanc
(a) Was falsified by an officer or (c) Private Person falsifies a certi
employee of the government or an falling within the 2 prec
officer or employee of a private subdivisions.
corporation, (2) Offender Knows that the certificate wa
(b) Engaged in the service of sending false;
or receiving wireless, cable or
(3) He Uses the same.
telephone message;
(2) He used such falsified dispatch;
(3) The use resulted in the prejudice of a 7. Article 176 -
third party or at least there was intent Manufacturing and
to cause such prejudice. Possession of
Instruments or
5. Article 174 - False Medical Certificates, False Implements for
Certificates of Merits or Service, etc. Falsification

Persons liable Acts punished:

 CRIMINAL LAW REVIEWER

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(1) Making or introducing into the
Philippines any stamps, dies, marks, or Mode 1: Using fictitious name
other instruments or implements for
counterfeiting or falsification; Elements:
(2) Possession with intent to use the (1) Offender uses a name other than h
instruments or implements for real name;
counterfeiting or falsification made in (2) He uses the fictitious name publicl
or introduced into the Philippines by (3) Purpose of use is to conceal a crim
another person. evade the execution of a judgmen
cause damage [to public interest –
As in Art. 165, the possession contemplated here is constructive possession. The Reyes].
implements confiscated need not form a complete set.
Mode 2: Concealing true name

Elements:
4. OTHER FALSITIES
(1) Offender conceals his true name a
other personal circumstances;
0. (2) Purpose is only to conceal his iden
1. Article 177 - Usurpation of Authority or
Official Functions Fictitious Name Concealing Tr
Name
Element of Publicity Publicity not nece
Mode 1: Usurpation of authority. (no
connection with the office represented) Purpose is to conceal Merely to
a crime, evade conceal
The mere act of knowingly and falsely execution of identity.
representing oneself to be an officer is judgment, cause
sufficient. It is not necessary that he perform damage)
an act pertaining to a public officer.
If the purpose is for causing damage,
Elements: it must be damage to public interest.
(1) Offender knowingly and falsely
Represents himself; If it is damage to private interest,
(2) As an Officer, agent or representative the crime will be estafa under Art
of any department or agency of the 315 2(a).
Philippine government or of any foreign
government. See Special Law: Commonwealth Act
No. 142
Mode 2: Usurpation of official functions. (Regulating the Use of Aliases)
(excess of authority)

In usurpation of official functions, it is essential 3. Article 179 - Illegal

that the offender should have performed an act Use of Uniforms and
pertaining to a person in authority or public Insignia
officer, in addition to other requirements.

Elements Elements:
(1) Offender makes Use of in
(1) Offender Performs any act;
uniforms or dress;
(2) Pertaining to any person in authority or
(2) The insignia, uniforms or dress pe
public officer of the Philippine
to an Office not held by such per
government or any foreign government,
a class of persons of which he is
or any agency thereof;
member;
(3) Under Pretense of official position;
(3) Said insignia, uniform or dress is
(4) Without being lawfully entitled to do so.
publicly and improperly.
The offender should have:
Remember:
(1) Represented himself to be an officer, agent or representative of any agency
Exact imitation of a uniform
of the government.
or dress is unnecessary; a
(2) Performed an act pertaining to a person in authority or public officer.

2. Article 178 - Using Fictitious and Concealing True Name

 CRIMINAL LAW REVIEWER

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colorable resemblance calculated to deceive the common run of people is imposable penalty avoided,
sufficient. respectively.

RA 75 also punishes using the use of uniform, decoration or regalia of a

foreign state by people not entitled to do so. 6. Article 182 - False
Testimony in Civil
RA 493 punishes wearing an insignia, badge, or emblem of rank of the Cases
members of the AFP or constabulary.
Elements:
4. Article 180 - False Testimony Against a Defendant (1) Testimony Given in a civil case;
(2) Testimony Relates to the issues
Elements: presented in said case;
(1) There is a Criminal proceeding; (3) Testimony is False;
(2) Offender Testifies falsely under oath (4) Offender Knows that testimony is
against the defendant therein; (5) Testimony is Malicious
(3) Offender who gives false testimony (6) And given with an intent to affect
Knows that it is false. issues presented in said case.
(4) Defendant against whom the false
testimony is given is either acquitted or Art. 182 does not apply in special
convicted in a Final judgment. proceedings. These are covered
by 183 under ―other cases‖.
The witness who gave the false testimony is liable even if his testimony was not Pending the determination of
considered by the court. the falsity of the subject
testimonies in the civil cased,
―False Testimony‖: Committed by a person who, being under oath and required to the criminal action for false
testify as to the truth of a certain matter at a hearing before a competent authority, testimony must perforce be
shall deny the truth or say something contrary to it. suspended.

False testimony is punished because of its tendency to prejudice defendant.

7. Article 183 - False
Three forms of false testimony: Testimony in Other
(1) False testimony in criminal cases under Article 180 and 181; Cases and Perjury in
(2) False testimony in civil case under Article 182; Solemn Affirmation
(3) False testimony in other cases under Article 183.
Acts Punished
Articles 180 – 184 punish the acts of making false testimonies since because such (1) By falsely Testifying under oath;
acts seriously expose society to miscarriage of justice.
(2) By Making a false affidavit.

5. Article 181 - False Testimony Favorable to the Note: The false testimony should not
Defendant be in a judicial proceeding. [Diaz vs.
People]

Elements: Elements of perjury:

(1) A person Gives false testimony; (1) Offender Makes a
(2) In Favor of the defendant; statement under oath
(3) 3. In a Criminal case. or executes an
affidavit upon a
The testimony need not in fact be beneficial to the defendant. It is not necessary material matter;
that the testimony should directly influence the decision of acquittal, it being (2) The statement or
sufficient that it was given with the intent to favor the accused. affidavit is made
Before a competent
Conviction or acquittal of defendant in the principal case is not necessary. officer, authorized to
receive and
Rectification made spontaneously after realizing the mistake is not false testimony. administer oaths;
(3) Offender makes a
Penalty for false testimony against the accused is based on the sentence imposed Willful and deliberate
or if accused is acquitted; that for testimony favorable to the accused is based on assertion of a
the imposable penalty. The rationale for the difference is the measure of the wrong falsehood in the
occasioned by the injustice in each case, i.e. the undeserved sentence and the statement or affidavit;
 CRIMINAL LAW REVIEWER

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(4) The sworn statement or affidavit containing the falsity is Required (3) Such gift or promise is the
by law, that is, it is made for a legal purpose. Consideration for his refraining fr
taking part in that public auction
The statement should be outside the coverage of art 180-181. (4) Offender has the Intent to cause
reduction of the price of the thing
―Oath‖: Any form of attestation by which a person signifies that he is bound auctioned.
by conscience to perform an act faithfully and truthfully.
Mode 2: Attempting to cause bidd
―Affidavit‖: Sworn statement in writing; declaration in writing, made upon stay away from an auction by th
oath before an authorized magistrate or officer. gifts, promises or any other artifice.

There could be no perjury through negligence or imprudence. This is Elements:

because of the requirement that the assertion of a falsehood be made (1) There is a Public auction;
willfully and deliberately. Hence, good faith or lack of malice is a defense in (2) Offender Attempts to cause the b
perjury. to stay away from that public auc
(3) It is Done by threats, gifts, promi
It is not necessary that there be a law requiring the statement to be made under any other artifice;
oath, as long as it is made for a legal purpose. (4) Offender had the Intent to cause
reduction of the price of the
Perjury is a crime other than false testimony in criminal cases or false testimony in thing auctioned.
civil cases, which are perversions of truth in judicial proceedings.
Perjury is an offense which covers false oaths other than those taken in the course The crime is consummated by:
of judicial proceedings. [US vs. Estrada] (1) Mere solicitation of gift or
promise as consideration for
―Material‖ ―Relevant‖ ―Pertinent‖ not bidding, or
Directed to Tends in any Concerns (2) By mere attempt to cause
prove a fact reasonable collateral prospective bidders to stay
in issue degree to matters which away from an auction.
establish make more or
probability less 10. Article 186 –
or
improbability
Monopolies and
probable the
of a fact in proposition at Combinations in
issue issue Restraint of Trade

Mode 1: Combination to prevent

8. Article 184 - Offering False Testimony in Evidence competition in the market Elements:
(1) Entering into any contract
Elements: agreement; OR taking part in
(1) Offender Offers in evidence a false conspiracy or combination in the
witness or testimony; of a trust or otherwise;
(2) He Knows that the witness or the (2) In restraint of trade or commerce
testimony was false; prevent by artificial means
(3) The offer is made in any Judicial OR competition in the market
Official proceeding.
Mode 2: Monopoly to restrain
competition in the market
Offer of evidence begins at the moment a witness is called to the stand and
interrogated by counsel. The witness must testify.
Elements:
(1) Monopolizing any merchandis
9. Article 185 - Machinations in Public Auctions object of trade or commerce; OR
(2) Combining with any other pers
persons to monopolize
Mode 1: Soliciting any gift or promise as a
merchandise or object in order to
consideration for refraining from taking
the prices thereof by spreading
part in any public auction;
rumors or making use of any
artifice to restrain free competit
Elements:
the market
(1) There is a Public auction;
(2) Offender Solicits any gift or a promise Mode 3: Manufacturer, producer, or
from any of the bidders; processor or importer
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combining, conspiring
or agreeing with any person
to make transactions Title V. Crimes
prejudicial to lawful Relative to Opium
commerce or to increase the
market price of merchandise and Other Prohibited
Drugs
Elements:
(1) Person liable: (1) manufacturer, (2)
producer, (3) processor, or (4) importer
of any merchandise or object of A. Acts Punished
commerce B. Penalties for Unlawful Acts:
(2) Crime committed by: (1) combining, (2) C. Definition of Important Terms:
conspiring, or (3) agreeing with any D. Other Important Points
person
(3) Purpose: (1) to make transactions NOTE: Art 190-194 were repealed by
prejudicial to lawful commerce, or (2) RA 6425, known as the ―Dangerous
to increase the market price of any Drug Act of 1972.‖ RA No. 9165,
merchandise or object of commerce known as the ―Comprehensive
manufactured, produced, processed, Dangerous Drug Act of 2002‖ in turn
assembled, or imported into the repealed RA No. 6425.
Philippines
A. Acts Punished:
Theory of the law: Competition, not combination,
should be the law of trade

Mere conspiracy of combination is punished. (1) Importation of Dangerous

Drugs and/or Controlled
If the offense affects any food substance or other article of prime necessity, Precursors and Essential
it is sufficient that initial steps are taken. Chemical (Sec. 4)
(2) Sale, Trading, Administration,
When offense is committed by a corporation or association, the president and Dispensation, Delivery,
directors or managers are liable. Distribution and
Transportation of
Dangerous Drugs and/or
11. Article 187 – Importation and Disposition of Controlled
Falsely Marked Articles or Merchandise Made of Gold, Precursors and Essential
Chemicals (Sec. 5) (3)
Silver, or other Precious Metals or their Alloys Maintenance of a Den, Dive or
Resort. (Sec. 6)
Elements: (4) Employees and Visitors of a
(1) Offender imports, sells or disposes of Den, Dive or Resort (Sec. 7)
any of those articles or merchandise (5) Manufacture of Dangerous
(i.e. gold, silver, other precious metals Drugs and/or Controlled
or their alloys) Precursors and Essential
(2) The stamps, brands, or marks of those Chemicals (Sec. 8)
articles of merchandise fail to indicate (6) Illegal Chemical Diversion of
the actual fineness or quality of said Controlled
metals or alloys Precursors and Essential
(3) Offender knows that the stamps, Chemicals. (Sec. 9)
brands, or marks fail to indicate the (7) Manufacture or Delivery of
actual fineness or quality of the metals Equipment, Instrument,
or alloys Apparatus, and Other
Paraphernalia for Dangerous
Selling the misbranded articles is not necessary. Art. 187 does not apply to Drugs and/or Controlled
manufacturer of misbranded articles – he would be liable for estafa under Art. Precursors and Essential
315(2)(b). Chemicals. (Sec. 10)
(8) Possession of Dangerous Drugs
See Also: (Sec. 11)
(1) RA 9184: New Public Bidding Law
(2) CA 142: Anti-Alias Law
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(9) Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Any person who is found guilty of
Dangerous Drugs (Sec. 12) "planting" any dangerous drug and/or
(10) Possession of Dangerous Drugs During Parties, Social Gatherings or controlled precursor and essential
Meetings (Sec. 13) chemical, regardless of quantity and
(11) Possession of Equipment, Instrument, Apparatus and Other purity, shall suffer the penalty of
Paraphernalia for Dangerous Drugs During Parties, Social death. [Section 29,
Gatherings or Meetings (Sec. 14) Article II, RA 9165]
(12) Use of Dangerous Drugs (Sec. 15)
(13) Cultivation or Culture of Plants Classified as Dangerous Drugs or are In case any violation of this Act is
Sources Thereof. (Sec. 16) committed by a partnership,
(14) Maintenance and Keeping of Original Records of Transactions on corporation, association or any
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. juridical entity, the partner,
17) president, director, manager, trustee,
(15) Unnecessary Prescription of Dangerous Drugs (Sec. 18) estate administrator, or officer who
(16) Unlawful Prescription of Dangerous Drugs consents to or knowingly tolerates
(Sec. 19) such violation shall be held criminally
liable as a co-principal.
[Section 30, Article II, RA 9165]
B. Penalties for Unlawful Acts:
In addition to the penalties prescribed
in the unlawful act committed, any
(1) The penalty of life imprisonment to death and a fine ranging from alien who violates such provisions of
Five hundred thousand pesos (P500,000.00) to Ten million pesos this Act shall, after service of
(P10,000,000.00) - Those acts which include or involve any sentence, be deported immediately
dangerous drugs (Sections 4, 5, 6, 8, 11, 16 and 19) without further proceedings, unless
(2) The penalty of twelve (12) years and one (1) day to twenty (20) the penalty is death. [Section
years of imprisonment and a fine ranging from One hundred 31, Article II, RA 9165]
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) Accessory Penalties: A person
(a) Those acts which involve any controlled precursor and essential chemical convicted under this Act shall be
(Sections 4, 5, 6, 8, 9 and 10) disqualified to exercise his/her civil
(b) Anyone who acts as a rights such as but not limited to:
"protector/coddler" of any violator of the provisions under (1) the rights of parental
sections 4, 5, 6, 8 and 16 authority or guardianship,
(c) Sections 7, 10, 16, 17. either as to the person or
(3) The maximum penalty provided for under sections 4, 5, 6, 8 and 16 property of any ward
shall be imposed upon any person, who organizes, manages or acts (2) the rights to dispose of such
as a "financier" of any of the illegal activities prescribed in those property by any act or any
sections. conveyance inter vivos,
(4) Any person charged under any provision of this Act regardless of the (3) and political rights such as
imposable penalty shall not be allowed to avail of the provision on but not limited to,
plea-bargaining. Section 23, Article II, RA 9165 (4) the right to vote and be voted
for.
Any person convicted for drug trafficking or pushing under this Act, (5) Such rights shall also be
regardless of the penalty imposed by the Court, cannot avail of the privilege suspended during the
granted by the Probation Law or Presidential Decree No. 968, as pendency of an appeal from
amended. [Section 24, Article II, RA 9165] such
conviction. [Section 35, Article II, RA
Notwithstanding the provisions of any law to the contrary, a positive finding for the 9165]
use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender, and the application of the penalty provided 32 possession of marijuana is
for in the Revised Penal Code shall be applicable. [Section 25, absorbed in the sale thereof, except
Article II, RA 9165] where the seller is further
apprehended in possession of
The maximum penalties of the unlawful acts provided for in this Act shall be another quantity of the prohibited
imposed, in addition to absolute perpetual disqualification from any public office, if drugs not covered by or included in
those found guilty of such unlawful acts are government officials and employees. the sale and which are probably
[Section 28, Article II, RA 9165] intended for some future dealings or
use by the seller. [People v.
Lacerna]
 CRIMINAL LAW REVIEWER

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Art. 36 (f), concerning mandatory drug testing for all persons charged with crimes is of the drug dependent and his/her
declared unconstitutional because it violates the right against self-incrimination. family or the community (Section 54,
Article VIII, RA 9165).
Art 36 (g), concerning mandatory drug testing for candidates for public office is also
unconstitutional. How will a drug dependent who
[SJS v. Dangerous Drugs Board] is under the voluntary
submission program and is
finally discharged from
C. Definition of Important Terms confinement in the Center be
exempt from criminal liability?

Dangerous drugs: include those listed (1) He/she has complied with the
(1) in the Schedules annexed to the 1961 Single Convention on Narcotic rules and regulations of the
Drugs, as amended by the 1972 Protocol, and center, the applicable rules
(2) in the Schedules annexed to the 1971 Single Convention on and regulations of the Board,
Psychotropic Substances as enumerated in the attached annex including the after-care and
which is an integral part of this Act. [Section 3 (j), RA 9165] follow-up program for at least
eighteen (18) months
Chemical Diversion: The sale, distribution, supply or transport of following temporary
legitimately imported, in-transit, manufactured or procured controlled discharge from confinement
precursors and essential chemicals, in diluted, mixtures, or in concentrated in the Center
form, to any person or entity engaged in the manufactured of any (2) He/she has never been
dangerous drugs, and shall include packaging, labelling, or concealment of charged or convicted of any
such transaction. offense punishable under this
Act, the Dangerous Drugs Act
Controlled Precursors and Essential Chemicals: Include those listed in of 1972 or Republic Act No.
Tables I and II of the 188 UN Convention Against Illicit traffic in Narcotics 6425, as amended; the
Drugs and Psychotropic Substances. Revised Penal Code, as
amended; or any special
penal laws
D. Other Important Points (3) He/she has no record of
escape from a Center
(4) He/she poses no serious
May a drug dependent who is found guilty of the use of dangerous danger to himself/herself,
drugs voluntarily submit himself for treatment and rehabilitation? his/her family or the
Yes. The drug dependent may, by himself/herself or through his/her parent, community by his/her
spouse, guardian or relative within the fourth degree of consanguinity or exemption from criminal
affinity, apply to the Board or its duly recognized representative, for liability (Section 55, Article
treatment and rehabilitation of the drug dependency. VIII,
RA 916)
Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency What are the functions of the
(Section 54, Article VIII, RA 9165). Dangerous Drugs Board?

Is there also compulsory confinement? Yes. Notwithstanding any law, (1) Be the policy-making and
rule and regulation to the contrary, any person determined and found to be strategyformulating body in
dependent on dangerous drugs shall, upon petition by the Board or any of the planning and formulation
its authorized representative, be confined for treatment and rehabilitation in of policies and programs on
any Center duly designated or accredited for the purpose. drug prevention and control.
(2) Develop and adopt a
A petition for the confinement of a person alleged to be dependent on comprehensive, integrated,
dangerous drugs to a Center may be filed by any person authorized by the unified and balanced national
Board with the Regional Trial Court of the province or city where such person drug abuse prevention and
is found. (Section 61, Article VIII, RA 9165). control strategy.
(3) Be under the Office of the
How long will the drug dependent be confined for treatment and President.
rehabilitation? Confinement in a Center for treatment and rehabilitation shall not (Section 77, Article IX, RA
exceed one (1) year, after which time the Court, as well as the Board, shall be 9165)
apprised by the head of the treatment and rehabilitation center of the status of said
drug dependent and determine whether further confinement will be for the welfare What is the PDEA? The PDEA is the
Philippine Drug Enforcement Agency.
 CRIMINAL LAW REVIEWER

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It serves as the implementing arm of the Dangerous Drugs Board. It shall be matter containing letters, figures
responsible for the efficient and effective law enforcement of all the provisions on or symbol which pertain to or are
any dangerous drug and/or controlled precursor and essential chemical as provided manner used in the game of juet
in this Act. (Section 82, Article any similar game.
IX, RA 916)
The provisions of Art 195-199,
Title VI. Crimes against Public Morals PD 483 and 449 are repealed
insofar as they are
inconsistent with PD 1602,
which provides for stiffer
CHAPTER I: Gambling and Betting penalties for violation of
(1) Gambling (Art 195) Gambling Laws.
(2) Importation, sale and possession of
lottery tickets or advertisements (Art Gambling: any game of
196) chance or scheme, whether
(3) Betting in sports contests (Art 197) upon chance or skill, wherein
(4) Illegal betting on horse races (Art 198) wagers consisting of money,
(5) Illegal cockfighting (Art 199) articles or value or
representative or value are at
CHAPTER II: Offenses against Decency and stake or made.
Good
Customs Spectators are not liable in gambling,
(1) Grave Scandal (Art 200) because they do not take part
(2) Immoral doctrines, obscene directly or indirectly.
publications and exhibitions (Art 201)
(3) Vagrancy and prostitution (Art 202) Before, the Revised Penal Code
considered the skill of the player in
classifying whether a game is
A. Chapter I - Gambling and Betting gambling or not. But under the new
gambling law, the skill of the
players is immaterial.

0. Even sports contents like boxing,

would be gambling insofar as those
1. Article 195 - What Acts Are Punishable in Gambling who are betting therein are
concerned.
Acts punished:
(1) Taking part directly or indirectly in – Lottery
(a) any game of monte, jueteng, or Definition: It is a scheme for the
any other form of lottery, policy, distribution of prizes by chance
banking, or percentage game, dog among persons who have paid or
races, or any other game or agreed to pay, a valuable
scheme the results of which consideration for the chance to
depend wholly or chiefly upon obtain a prize.
chance or hazard; or wherein
wagers consisting of money, Elements:
articles of value, or representative (1) Consideration
of value are made; or
(2) Chance
(b) the exploitation or use of any other (3) Prize or some advantage or
mechanical invention or
inequality in amount or value
contrivance to determine by
which is in the nature of a
chance the loser or winner of
prize
money or any object or
representative of value;
There is no lottery when the person
(2) Knowingly permitting any form of
gambling to be carried on in any place gets the full value for his money.
owned or controlled by the offender;
(3) Being maintainer, conductor, or banker Illustration: A package of cigarette
in a game of jueteng or similar game; sold at P0.30 each includes a
(4) Knowingly and without lawful purpose
possessing lottery list, paper, or other
 CRIMINAL LAW REVIEWER

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coupon which may allow the buyer to win a gold watch. This is not lottery. Winning
the watch is only a bonus. Game-fixing: any
arrangement, combinations,
Criteria to determine if lottery is already gambling: scheme or agreement by
(1) If the public is made to pay not only for the merchandise that he is buying, which the result of any game,
but also for the chance to win a prize out of the lottery. races or sport contests shall
(2) Public is made to pay a higher price. be predicated and/or known
(3) If the merchandise is not saleable because of its inferior quality, so that other than on the basis of the
the public actually does not buy them, but with the lottery the public honest playing skill or ability
starts patronizing such merchandise. of the players or participants.
(4) In effect, the public is paying for the lottery and not for the merchandise,
and therefore the lottery is a gambling game. Point-shaving: any such
(5) Public is not made to pay a higher price. arrangement, combination,
scheme or agreement by
The maintainer or conductor in a gambling game is likewise punished. which the skill of ability of any
player or participant in a
Maintainer: A person who sets up and furnishes the means with which to carry on game, races or sports
the gambling game or scheme. contests to make points or
scores shall be limited
Conductor: A person who manages or carries on the gambling game or scheme. deliberately in order to
influence the result thereof in
To be prosecuted for possessing a jueteng list, proof that the game took place or is favor one or the other team,
about to take place is not necessary. player or participant therein.

Game machinations: any

2. Article 196 - Importation, Sale and Possession of other fraudulent, deceitful,
Lottery Tickets or Advertisements unfair or dishonest means,
methods, manner or practice
Acts punished: employed for the purpose of
(1) Importing into the Philippines from any influencing the result of any
foreign place or port any lottery ticket game, races or sports
or advertisement; or contest.
(2) Selling or distributing the same in
connivance with the importer;
4. Article 198 - Illegal
(3) Possessing, knowingly and with intent
to use them, lottery tickets or Betting on Horse
advertisements; or Race
(4) Selling or distributing the same without
connivance with the importer of the Acts punished:
same. (1) Betting on horse races during
[Reyes] not allowed by law;
(2) Maintaining or employing a tota
The possession of any lottery ticket or advertisement is prima facie evidence other device or scheme for bet
of intent to sell, distribute or use the same in the Philippines. races or realizing profit the
during the periods not allowed
3. Article 197 – Betting in Sports contents [Reyes]

This article (Art. 197) has been repealed by Presidential Decree No. 483 (Betting, Totalizer: a machine for registering
Game-fixing or and indicating the number and
Point-shaving and Machinations in Sport Contests) nature of bets made on horse races.

Sec 2. Betting, game-fixing, point-shaving or game machination unlawful. Maintaining or employing a totalizer
– Game-fixing, point-shaving, game machination, as defined in the aggravates the liability of offenders.
preceding section, in connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, jai-alia, sipa, pelota and all other When horse races are not allowed:
sports contests, games or races; as well as betting therein except as may (1) July 4 (Republic Act No. 137);
be authorized by law, is hereby declared unlawful. (2) December 30 (Republic Act
No. 229);
Betting: betting money or any object or article of value or representative of
value upon the result of any game, races and other sport contests.
 CRIMINAL LAW REVIEWER

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(3) Any registration or voting days (Republic Act No. 180, Revised Election 1. Article 200 - Grave
Code); and
Scandal
(4) Holy Thursday and Good Friday (Republic Act No. 946).

Any race held on the same day and at the same place shall be held punishable as a Elements:
separate offense. (1) Offender performs an act or acts;
(2) Such act or acts be highly scand
as offending against decency or
5. Article 199 (as amended by PD 449) customs;
(3) The highly scandalous conduct
Acts Punished: expressly falling within any other a
(1) Any person who, directly or indirectly, of this Code; and
participates in cockfights by betting (4) The act or acts complained o
money or other valuable things in a committed in a public place or
day other than those permitted by law. the public knowledge or view. (Rey
(2) Any person, who, directly or indirectly,
organizes cockfights at which bets are Decency: means proprietary
made in a day other than those of conduct; proper
permitted by law. observance of the
(3) Any person, directly or indirectly, requirements of modesty,
participates in cockfights, by betting good taste, etc.
money or other valuable things at a
place other than a licensed cockpit. Customs: established usage,
(4) Any person, who, directly or indirectly, social conventions carried on
organizes cockfights at which bets are by tradition and enforced by
made at a place other than a licensed social disapproval of any
cockpit. violation thereof.
(5) Owner, manager, or lessee of the
cockpit who shall permit gambling of Grave Scandal: consists of
any kind on the premises of the cockpit acts which are offensive to
or place of cockfighting during decency and good customs
cockfights. which, having committed
publicly, have given rise to
Cockfighting allowed on the following dates: public scandal to persons who
(1) Sundays have accidentally witnessed
(2) Legal holidays the same.
(3) During local fiestas for not more than three days
(4) During provincial, municipal, city, industrial, agricultural fairs, carnivals, or The acts must be performed
exposition not more than three days in a public place or within the
public knowledge or view. If it
Cockfighting not allowed on: is committed in a private
(1) Rizal Day (December 30) place, the crime of grave
(2) Independence Day (June 12) scandal is not committed.
(3) National Heroes Day (November 30)
(4) Holy Thursday In conducts involving lasciviousness,
(5) Good Friday it is grave scandal only where there
(6) Election or Referendum Day is mutual consent. (Boado,
(7) Registration days for referendums and elections Comprehensive Reviewer in Criminal
Law)
Only municipal and city mayors are allowed to issue licenses for such.
Any act which is notoriously
offensive to decency may
This decree does not punish a person attending as a spectator in a
bring about criminal liability
cockfight. To be liable, he must participate as a bettor.
for the crime of grave
scandal, Provided such act
B. Chapter II. Offenses against does not constitute some
other crime under the Revised
Decency and Good Customs Penal Code.
Grave scandal is a crime of last resort.

0.
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2. Article 201 - Immoral Doctrines, Obscene Publications Jurisprudence:
and Exhibitions and Indecent Shows
Postcards of Philippine inhabitants in
native attire were not obscene
Acts punished (as amended by PD No. because the aggregate judgment of
960, 969) the community, and the moral sense
(1) Those who shall publicly expound or of the people were not shocked by
proclaim doctrines openly contrary to those pictures. They were not
public morals; offensive to chastity but merely
(3) The authors of obscene depicted persons as they actually
literature, lived. [People v Kottinger
published with their knowledge in any form, (1923)]
(4) The editors publishing such literature;
(5) The owners/operators of the The reaction of the public during the
establishment selling the same; performance of a dance by one who
had nothing to cover herself with,
(6) Those who, in theaters, fairs,
except nylon patches over her
cinematographs, or any other place,
exhibit indecent or immoral plays, breasts and too abbreviated pair of
scenes, acts, or shows, nylon panties to interrupt her stark
nakedness should be made the
it being understood that the obscene literature gauge in the determination of
or indecent or immoral plays, scenes, acts or whether the dance or exhibition
shows, whether live or in film, which are was indecent or immoral. [People v
proscribed by virtue hereof, shall include those Aparici (1955)]
which:
(a) glorify criminals or An actual exhibition of the
condone sexual act can have no
crimes; redeeming feature—no room
(b) serve no other purpose but to for art. Therefore, it is a clear
satisfy the market for violence, and unmitigated obscenity.
lust or pornography; [People v Padan
(1957)]
(c) offend any race, or religion;
(d) tend to abet traffic in and use of
prohibited drugs; and 3. Article 202 -
(e) are contrary to law, public Vagrancy and
order, morals, good customs,
established policies, lawful Prostitution
orders, decrees and edicts
(7) Those who shall sell, give away or Persons Liable:
exhibit films, prints, engravings, (1) Any person having no apparent m
sculpture or literature which are of subsistence, who has the ph
offensive to morals. ability to work and who neglec
apply himself or herself to some l
MORALS: imply conformity with the generally accepted standards of goodness or calling;
rightness in conduct or character, sometimes, specifically, to sexual conduct. (2) Any person found loitering about p
or semi-public buildings or plac
trampling or wandering about
Offense in any of the forms mentioned in the article
country or the streets without v
is committed only when there is publicity
means of support;
(3) Any idle or dissolute person who lo
The test of obscenity:
in houses of ill fame; ruffians or p
(1) The test is objective. and those who habitually asso
(2) It is more on the effect upon the viewer and not alone on the conduct of the with prostitutes;
performer.
(4) Any person who, not being includ
(3) If the material has the tendency to deprave and corrupt the mind of the the provisions of other articles o
viewer then the same is obscene and where such obscenity is made Code, shall be found loitering in
publicly, criminal liability arises. inhabited or uninhabited
(4) As long as the pornographic matter or exhibition is made privately, there is belonging to another without
no crime committed under the Revised Penal Code because what is lawful or justifiable purpose; and
protected is the morality of the public in general. (5) Prostitutes
 CRIMINAL LAW REVIEWER

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Prostitutes: women who, for money or profit habitually indulge in sexual
intercourse or lascivious
conduct

Dissolute: lax, unrestrained, immoral

Ruffian: brutal, violent, lawless persons

Pimp: One who provides gratification for the lust of others

Even millionaires or one who has more than enough for his livelihood can
commit vagrancy by habitually associating with prostitutes, pimps, ruffians,
or by habitually lodging in houses of ill-repute. The purpose of the law is not
simply to punish a person because he has no means of livelihood; it is to
prevent further criminality.

Any person found wandering in an estate belonging to another whether

public or private without any lawful purpose also commits vagrancy, unless Title VII. Crimes
his acts constitutes some other crime in the Revised Penal Code. Committed by
The term prostitution is applicable to a woman who for profit or money Public Officers
habitually engages in sexual or lascivious conduct.

A man, if he engages in the same conduct – sex for money – is not a prostitute, but Chapter 1: Preliminary Provisions
a vagrant.
(1) Article 203 - Who Are Public Officer
In law, the mere indulging in lascivious conduct habitually because of money or
Chapter 2: Malfeasance and Misfeasa
gain would amount to prostitution, even if there is no sexual intercourse. Virginity is
in Office
not a defense.
(1) Article 204 - Knowingly Rendering
Unjust Judgment
Habituality is the controlling factor; it has to be more than one time.
(2) Article 205 - Judgment Rendered
Through Negligence
There cannot be prostitution by conspiracy. One who conspires with a woman in the
prostitution business like pimps, taxi drivers or solicitors of clients are guilty of the (3) Article 206 - Unjust Interlocutory O
crime under Article 341 for white slavery. (4) Article 207 - Malicious Delay in the
Administration of Justice
See Special Law: PD 1563 (Mendicancy Law of 1978) (5) Article 208 - Prosecution of Offens
Negligence and Tolerance
Under the Mendicancy Law of 1978 (PD 1563), (6) Article 209 - Betrayal of Trust by a
(1) one who has no visible and legal means of support, or lawful employment Attorney or a Solicitor - Revelation
(2) and who is physically able to work but neglects to apply himself to some Secrets
lawful calling (7) Article 210 - Direct Bribery
(3) and instead uses begging as a means of living, (8) Article 211 - Indirect Bribery
(4) is a mendicant. (9) Article 211-A - Qualified Bribery
(10) Article 212 - Corruption of
Any person who abets mendicancy by giving alms directly to mendicants, exploited Public Officials
infants and minors on public roads, sidewalks, parks and bridges shall be punished (11) Article 214 - Other Frauds
by a fine.
Chapter 3: Frauds and Illegal Exaction
See Special Law: RA 9208 (Anti-Trafficking in Persons and Transactions
Act) (1) Article 213 - Fraud against the
Treasury and Similar Offenses
Note Sec. 17: Persons trafficked (including prostitutes) are exempt from criminal (2) Article 215 - Prohibited Transaction
liability. (3) Article 216 - Possession of Proh
Interest by a Public Officer
Note also: Under RA 9208, persons who hire trafficked persons are criminally liable.
Not so in Art 202 RPC. Chapter 4: Malversation of Public Fun
and Properties
(1) Article 217 - Malversation of
Funds or Property - Presumpti
Malversation
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(2) Article 218 - Failure of Accountable Authority
Officer to Render Accounts (14) Article 244 - Unlawful
(3) Article 219 - Failure of a Responsible Appointments
Public Officer to Render Accounts Before (15) Article 245 - Abuses again
Leaving the Country Chastity
(4) Article 220 - Illegal Use of Public Funds
or Property Remember:
(5) Article 221 - Failure to Make Delivery of This is one of the instances where the
Public Funds or Property Revised Penal Code may be given
(6) Article 222 - Officers Included in the extra-territorial application under
Preceding Provisions Article 2 (5) thereof.

Chapter 5: Infidelity of Public Officers Crimes under this title can be

(1) Article 223 - Conniving With or committed by public officers or a
Consenting to Evasion non-public officer, when the latter
(2) Article 224 - Evasion through become a conspirator with a public
Negligence officer, or an accomplice, or
(3) Article 225 - Escape of Prisoner under accessory to the crime. The public
the Custody of a Person Not a Public officer has to be the principal.
Officer
(4) Article 226 - Removal, Concealment, or
Destruction of Documents A. Chapter I:
(5) Article 227 - Officer Breaking Seal Preliminary
(6) Article 228 - Opening of Closed Provisions
Documents
(7) Article 229 - Revelation of Secrets by an
Officer
(8) Article 230 - Public Officers Revealing 4.
Secrets of Private Individuals 5. Article 203 - Who Are
Chapter 6: Other Offenses and
Public
Irregularities by Officers
Public Officers
(1) Article 231 - Open Disobedience Requisites:
(2) Article 232 - Disobedience to the Order (1) Taking part in the performance o
of Superior Officer When Said Order functions in the government;
Was (2) Performing in said government o
Suspended by Inferior Officer of its branches public duties
(3) Article 233 - Refusal of Assistance employee, agent or subordinate
(4) Article 234 - Refusal to Discharge or any rank or class;
Elective Office (3) His authority to take part
(5) Article 235 - Maltreatment of Prisoners performance of public functions o
perform public duties must be
(6) Article 236 - Anticipation of Duties of a
Public Officer – (a) By direct provision of the
(7) Article 237 - Prolonging Performance of law;
Duties and Powers (b) By popular election; or
(8) Article 238 - Abandonment of Office or (c) By appointment by
Position competent authority.
(9) Article 239 - Usurpation of Legislative
Powers The term ―public officers‖ embraces
(10) Article 240 - Usurpation of every public servant from the highest
Executive Functions to lowest.
(11) Article 241 - Usurpation of
Judicial Functions Officers and employees of
(12) Article 242 - Disobeying government owned and
Request for controlled corporations
Disqualification included but not those of a
sequestered corporation.
(13) Article 243 - Orders or Request
by Executive Officer to Any Judicial
 CRIMINAL LAW REVIEWER

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The better rule is that GOCCs created by law are covered while GOCCs A manifestly unjust judgment is one
registered with the SEC (including sequestered companies) are not. which is so manifestly contrary to law
[Macalino v. Sandiganbayan] that even a person having basic
knowledge of the law cannot doubt
The more recent case of People v. Sandiganbayan held that, based on RA the injustice.
8249, presidents, directors, trustees, and managers of all GOCCs, regardless
of type, are subject to the jurisdiction of the Sandiganbayan when they are
involved in graft and corruption. The Supreme Court held that a
judgment is said to be unjust when it
is contrary to the standards of
B. Chapter II: Malfeasance and conduct prescribed by law.
Misfeasance in Office
The test to determine whether an
order or judgment is unjust may be
inferred from the circumstances that
Malfeasance Doing of an act which a
it is contrary to law or is not
(see Arts 210 and public officer should not
supported by
211) have done
evidence. [Louis Vuitton SA v. Judge
Misfeasance (see Improper doing of an act Villanueva]
Arts 204 to 207) which a person might
lawfully do
Nonfeasance (see Failure of an agent to 3. Article 206 - Unjust
Art 208) perform his undertaking Interlocutory Order
for the principal
0. Elements:
(1) Offender is a judge;
1. Article 204 - Knowingly Rendering Unjust Judgment
(2) He performs any of the following ac
(a) Knowingly rendering a
Elements: unjust
(1) Offender is a judge; interlocutory order or decree
(2) He renders a judgment in a case (b) Rendering a manifestly
submitted to him for decision; interlocutory order or decree t
(3) Judgment is unjust; inexcusable negligence or ignora
(4) The judge knows that his judgment is
unjust. If the order leaves something to be
done in the trial court with respect to
Defense: Mere error in good faith. the merits of the case, it is
interlocutory. If it does not, it is final.
There must be positive evidence imputing an unjust judgment; presumption will not
suffice. The unjust interlocutory order must
have been issued by the judge with
The offense refers only to a judgment of an individual judge in his court, and deliberate intent to cause damage to
not to the judgment rendered in a collegial court by the the party concerned.
members thereof [In Re: Wenceslao Laureta (1987)]

Before a criminal action against a judge for violation of Articles 204 and 205 4. Article 207 -
can be entertained, there must be a trial or authoritative judicial declaration Malicious Delay in the
that his decision or order is really unjust which may result from either an Administration of
action of certiorari or prohibition in a higher court. [De Vera v. Pelayo Justice
(2000)]

Elements:
2. Article 205 - Judgment Rendered Through Negligence (1) Offender is a judge;
(2) There is a proceeding in his court
Elements: (3) He delays in the administration o
(1) Offender is a judge; justice;
(2) He renders a judgment in a case submitted to him for decision; (4) The delay is malicious, that is, wi
(3) The judgment is manifestly unjust; deliberate intent to inflict damag
(4) It is due to his inexcusable negligence or ignorance. either party in the case.
 CRIMINAL LAW REVIEWER

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Malice must be proven. Malice is present where the delay is sought to favor one
party to the prejudice of the other. Communications made with
prospective clients to a
lawyer with a view to
5. Article 208 - Prosecution of Offenses; Negligence and engaging his professional
Tolerance services are already
privileged even though the
Mode 1. Maliciously refraining from instituting prosecution against client-lawyer relationship did
violators of the law; not eventually materialize.
Mode 2. Maliciously tolerating the commission of
offenses. The confidential matters or
information must be confided
to the lawyer in the latter‘s
Elements:
professional capacity.
(1) Offender is a public officer or officer of
the law who has a duty to cause the
Mere malicious breach
prosecution of, or to prosecute,
offenses; without damage is not a
violation of Article 209; at
(2) There is a dereliction of the duties of
most he will be liable
his office, that is, knowing the
commission of the crime, he does not administratively as a lawyer,
cause the prosecution of the criminal, e.g., suspension or
or knowing that a crime is about to be disbarment under the Code of
committed, he tolerates its Professional
commission; Responsibility.
(3) Offender acts with malice and
deliberate intent to favor the violator of Modes of Commission:
the law. (1) Maliciously causing damage
to his client through a breach
of his professional duty.
This crime can only be committed by a public officer whose official duty is to
prosecute offenders. Ex.
Note: The breach of
Chief of police, barrio captain and fiscal.
professional duty must be
malicious. If it is just
The crime committed by the law violator must be
incidental, it would not give
proved first. [US v. Mendoza]
rise to criminal liability,
although it may be the
Also known as prevaricacion. subject of
administrative discipline;
6. Article 209 – Betrayal of Trust by an Attorney or a
(2) Through gross ignorance,
Solicitor – Revelation of Secrets
causing damage to the client;
(3) Inexcusable negligence;
Elements: (4) Revelation of secrets learned
(1) Causing damage to his client, either— in his professional capacity;
(a) By any malicious breach of (5) Undertaking the defense of
professional duty; the opposite party in a case
(b) By inexcusable negligence or without the consent of the
ignorance. first client whose defense has
(2) Revealing any of the secrets of his already been undertaken.
client learned by him in his professional
capacity (damage is not necessary); The Supreme Court held that not all
(3) Undertaking the defense of the information received by counsel from
opposing party in the same case, client is classified as privileged.
without the consent of his first client,
(a) after having undertaken the A distinction must be made between
defense of said first client, or confidential communications relating
(b) after having received confidential to past crimes already committed,
information from said client. and future crimes intended to be
committed by the client. [People v.
When the attorney acts with malicious abuse of his employment or Sandiganbayan]
inexcusable negligence or ignorance, there must be damage to his client.
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7. Article 210 - Direct Bribery
(asked 6 times) An accepted offer or promise
of a gift is sufficient.
However, if the offer is not
Mode 1. Agreeing to perform, or
accepted, only the person
performing, in consideration of
offering the gift is liable for
any offer, promise, gift or
attempted corruption of a
present; an act constituting a
public officer.
crime, in connection with the
performance of his official
duties; In the SECOND MODE of bribery, the
Mode 2. Accepting a gift in gift must be accepted by the public
consideration of the execution officer.
of an act which does not
constitute a crime, in The GIFT must have a value
connection with the or capable of pecuniary
performance of his official estimation. It could be in the
duty; form of money, property or
Mode 3. Agreeing to refrain, or by services. It cannot consist of a
refraining, from doing mere offer or promise of a
something which is his official gift.
duty to do, in consideration of
gift or promise. If the act required of the
public officer amounts to a
Elements: crime and he commits it, he
(1) Offender is a public officer within the shall be liable for the penalty
scope of Article 203; corresponding to the crime.
(2) Offender accepts an offer or a promise
or receives a gift or present by himself The THIRD MODE of bribery
or through another; and prevaricacion (art 208)
(3) Such offer or promise be accepted, or are similar offenses, both
gift or present received by the public consisting of omission of an
officer – act required to be performed.
(a) With a view to committing some
crime; or In direct bribery however, a
(b) In consideration of the execution of gift or promise is given in
an act which does not constitute a consideration of the omission.
crime, but the act must be unjust; This is not necessary in
or prevaricacion.
(c) To refrain from doing something
which it is his official duty to do. Direct bribery does not absorb Art. 208
(4) The act which offender agrees to (dereliction
perform or which he executes be of duty). See Qualified Bribery (211-A)
connected with the performance of his
official duties. Police Sergeant Malfrosque
asked and accepted money in
The crime of bribery has no frustrated stage. If one party does not concur, exchange for the recovery of
then there is no agreement and not all the acts necessary to commit the the reported stolen gas tanks
crime were present. to the owners.

Temporary performance of public functions is sufficient to constitute a person a This made him liable under
public officer. the 2nd mode of Art 210 since
in the act of returning the gas
Bribery exists when the gift is: tanks to the owners does not
(1) voluntarily offered by a private person; constitute a crime; he
(2) solicited by the public officer and voluntarily delivered by the private person; demanded money and said
(3) solicited by the public officer but the private person delivers it out of fear of act was in connection with
the consequences should the public officer perform his functions (here the the performance of his duty
crime by the giver does not fall under corruption of public officials due to the as a policeman. [People v.
involuntariness of the act). Malfrosque (2004)]

In the FIRST MODE of bribery, actual receipt of the gift is not necessary.
 CRIMINAL LAW REVIEWER

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8. Article 211 - Indirect Bribery The dereliction of the duty
(asked twice) punished under Article 208 of
the Revised Penal Code is
absorbed in Qualified Bribery.
Elements:
(1) Offender is a public officer; Dacumas v. Sandiganbayan
(2) He accepts gifts; expanded the meaning of
(3) The gifts are offered to him by reason of ―official duties‖. It included
his office. those which may be in one‘s
capacity to perform by reason
The principal distinction between direct and indirect bribery is that in the of his office.
former, the officer agrees to perform or refrain from doing an act in consideration of
the gift or promise.
10. Article 212 -
In the latter case, it is not necessary that the officer do any act. It is sufficient that Corruption of Public
he accepts the gift offered by reason of his office. Officials
(asked 4 times)
If after receiving the gift, the officer does any act in favor of the giver which is unfair
to the others, the crime continues to be indirect bribery. Elements:
(1) Offender makes offers or promis
Precisely the evil of indirect bribery is in its tendency to produce future, unspecified, gives gifts or presents to a
and unwarranted favors from the official. officer;
(2) The offers or promises are made
This is always in the consummated stage. There is no attempted much less gifts or presents given to a
frustrated stage in indirect bribery.
officer, under circumstances tha
make the public officer liable for
There must be clear intention on the part of the public officer:
bribery or indirect bribery.
(1) to take the gift offered and
(2) consider the property as his own for that moment.
The offender is the giver of the
gift or the offeror of the promise.
Mere physical receipt unaccompanied by any other sign, circumstance or act to
show such acceptance is not sufficient to convict the officer.
The act may or may not be
accomplished.
Public officers receiving gifts and private persons giving gifts on any occasion,
including Christmas are liable under PD 46.
The following are the SPECIAL
LAWS related to the
9. Article 211-A - Qualified Bribery prosecution and punishment
of GRAFT and CORRUPTION:
(1) PD No. 749
Elements:
(2) RA 3019 (Anti-Graft and
(1) Offender is a public officer entrusted
Corrupt Practices Act)
with law enforcement;
(3) RA 7080 (Anti-Plunder Act)
(2) He refrains from arresting or
prosecuting an offender who has (4) RA 1379 (FORFEITURE OF ILL-
committed a crime punishable by GOTTEN WEALTH)
reclusion perpetua and/or death; (5) PD NO. 46
(3) Offender refrains from arresting or (6) RA 6713: Code of Conduct and
prosecuting in consideration of any Ethical
offer, promise, gift, or present. Standards for Public
Officials and Employees
The crime of qualified bribery may be committed only by public officers ―entrusted
with enforcement‖ (those whose official duties authorize them to arrest or C. Chapter III: Frauds
prosecute offenders).
and Illegal
The penalty is qualified if the public officer is the one who asks or demands such Exactions and
present. Transactions
If the penalty imposed is lower than reclusion perpetua and/or death had the
offender been arrested or the crime prosecuted, the crime is direct bribery. 0.
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1. Article 213 - Fraud against the Public Treasury and
This can only be committed
Similar
principally by a public officer whose
Offenses official duty is to collect taxes, license
(asked twice) fees, import duties and other dues
payable to the government.
Mode 1 Entering into an agreement
with any interested party or Mere demand of a larger or different
speculator or making use of any amount is sufficient to consummate
other scheme, to defraud the the crime. The essence is the
government, in dealing with any improper collection (damage to
person with regard to government is not required).
furnishing supplies, the making
of contracts, or the adjustment The act of receiving payment due the
or settlement of accounts government without issuing a receipt
relating to public property or will give rise to illegal exaction even
funds; though a provisional receipt has been
Demanding, directly or issued. What the law requires is a
Mode 2 indirectly, the payment of sums receipt in the form prescribed by law,
which means official receipt.
different from or larger than
those authorized by law, in
If sums are received without
collection of taxes, licenses,
demanding the same, a
fees, and other imposts;
felony under this article is not
committed. However, if the
Mode 3 Failing voluntarily to issue a receipt, as provided by law, for any sum is given as a sort of gift
sum of money collected by him officially, in the collection of or gratification, the crime is
taxes, licenses, fees and other imposts; indirect bribery.

Mode 4 Collecting or receiving, directly or indirectly, by way of payment or When there is deceit in
otherwise, things or objects of a nature different from that demanding a greater fee than
provided by law, in the collection of taxes, licenses, fees and those prescribed by law, the
other imposts. crime committed is estafa
and not illegal exaction.
Elements of Fraud against Public Treasury (par.1):
(1) That the offender is a public officer Illegal exaction may be
(2) That he should have taken advantage of his public office, that is, he complexed with malversation
intervened in the transaction in his official capacity if illegal exaction was
(3) That he entered into an agreement with any interested party or speculator committed as a necessary
or made use of any other scheme with regard to: (a) Furnishing supplies means to commit
(b) The making of contracts malversation.
(c) The adjustment or settlement of accounts relating to public property or
funds Officers and employees of the
BIR or Customs are not
Consummated by merely entering into agreement with any interested party or covered by the article. The
speculator or by merely making use of other scheme to defraud the government. NIRC or the Revised
Administrative Code is the
It is not necessary that the Government is actually applicable law.
defrauded by the reason of the transaction

Elements of Illegal Exactions (par.2.):

2. Article 214 - Other
(1) That the offender is a public officer entrusted with the collection of taxes, Frauds
licenses, fees and other imports;
(2) He is guilty of the following acts or omissions: Elements:
(a) Demanding directly or indirectly, the payment of sums of different from (1) Offender is a public officer;
or larger than those authorized by law; (2) He takes advantage of his official
(b) Failing voluntarily to issue a receipt as provided by law, for ay sum of position;
money collected by him officially; or (3) He commits any of the frauds or d
(c) Collecting or receiving, directly or indirectly, by way of payment or enumerated in Article 315 to 318
otherwise, things or object of a nature (estafa, other forms of swindling,
different from that provided by law
swindling a minor, other deceits).
 CRIMINAL LAW REVIEWER

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0.
Additional penalty of temporary special disqualification in its maximum
period to perpetual special disqualification, apart from the penalties 1. Article 217 -
imposed in Arts 315-318. Malversation of
Public Funds or
3. Article 215 - Prohibited Transactions Property -
Presumption of
Elements: Malversation
(1) Offender is an appointive public officer; (asked 14 times)
(2) He becomes interested, directly or
indirectly, in any transaction of exchange Mode 1. Appropriating public fun
or speculation; property;
(3) The transaction takes place within the
territory subject to his jurisdiction; Mode 2. Taking or misappropriating
(4) He becomes interested in the transaction same;
during his incumbency.
Mode 3. Consenting, or through
Examples of transactions of exchange or speculation are: buying and selling abandonment or negligence
stocks, commodities, land etc wherein one hopes to take advantage of an permitting any o
expected rise or fall in price person to take such public f
or property; and
Purchasing of stocks or shares in a company is simple investment and not a
violation of the article. However, regularly buying securities for resale is Mode 4. Being otherwise g
speculation. of the misappropr
or malversation of such fun
The offender may also be held liable under RA 3019 property.
Sec 3(i). (infra)
Elements common to all modes:
(1) Offender is a public officer;
4. Article 216 - Possession of Prohibited Interest by a
(2) He had the custody or control o
Public or property by reason of the du
Officer his office;
(3) Those funds or property were
Persons liable: funds or property for which h
(1) Public officer who, directly or indirectly, accountable;
became interested in any contract or (4) He appropriated, took, misappro
business in which it was his official or consented or, through abando
duty to intervene; or negligence, permitted a
(2) Experts, arbitrators, and private person to take them.
accountants who, in like manner, took
part in any contract or transaction Malversation is also called
connected with the estate or property embezzlement.
in the appraisal, distribution or
adjudication of which they had acted; The public officer must have
(3) Guardians and executors with respect official custody or the duty to
to the property belonging to their collect or receive funds due
wards or the estate. the government, or the
obligation to account for
Fraud is not necessary. Intervention must be by virtue of the public office held. them.

The basis here is the possibility that fraud may be committed or that the officer It is not necessary that the
may place his own interest above that of the government or party he represents. offender profited for as long
as the accountable officer
was remiss in his duty of
D. Chapter IV: Malversation of safekeeping public funds or
Public Funds or Property property. He is liable for
malversation if such funds
were lost or otherwise
misappropriated by another.
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It can be committed either with malice or through negligence or Offender is usually a Offender
imprudence. This is one crime in the Revised Penal Code where the penalty public officer who is private ind
is the same whether committed with dolo or through culpa. accountable for the or even a
public officer who
The nature of the duties of the public officer, not the name of the office, is funds/property accountable
controlling. The funds or property must be received in an official capacity.
public
Otherwise, the crime committed is estafa.
funds/proper
If the public officer is not accountable for the funds or property but someone Crime is committed by Crime is com
else is, the crime committed is theft or qualified theft if there is an abuse of appropriating, taking, or by
confidence. misappropriating/consent misappropria
ing or through converting,
abandonment or denying
Returning the malversed funds is not exempting, it is only mitigating.
received m
negligence, permitting
goods or oth
A person whose negligence made possible the commission of malversation by any other person to take
personal pro
another can be held the public funds/property
liable as a principal by indispensable cooperation No element of damage. There is dam

Demand as well as damage to the government are Demand not necessary. There is a n
not necessary elements prior demand

A private person may also commit malversation under the following situations: A routine government audit was
(1) Conspiracy with a public officer in committing malversation; conducted in WaAcon‘s office and it
(2) When he has become an accomplice or accessory to a public officer was discovered that the sacks of rice
who commits malversation; entrusted to him for safekeeping
(3) When the private person is made the custodian in whatever were missing.
capacity of public funds or property, whether belonging to national
or local government, and he misappropriates the same; Art 217 no longer requires proof by
(4) When he is constituted as the depositary or administrator of funds the State that the accused actually
or property seized or attached by public authority even though said appropriated, took, or
funds or property belong to a private individual. misappropriated public funds or
property; instead, a presumption,
Technical malversation (Art. 220) (infra) is not included in the crime of malversation. though disputable and rebuttable,
was installed upon demand by any
Presumption of misappropriation: When a demand is made upon an duly authorized officer, the failure of
accountable officer and he cannot produce the fund or property involved, a public officer to have duly
there is a prima facie presumption that he had converted the same to his forthcoming any public funds or
own use. There must be indubitable proof that thing unaccounted for exists. property which said officer is
accountable for should be prima facie
Audit should be made to determine if there was shortage. Audit must be complete evidence that he had put such
and trustworthy. missing funds or properties to
If there is doubt, presumption does not arise. personal use. [People v. Wa-Acon
(2006)]
The accused incurred shortage (P1.74) mainly because the auditor disallowed
certain cash advances the accused granted to employees. But on the same date
that the audit was made, he partly reimbursed the amount and paid it in full three 2. Article 218 -
days later. Failure of
Accountable
The Supreme Court considered the circumstances as negative of criminal intent.
Officer to Render
The cash advances were made in good faith and out of good will to coemployees
which was a practice tolerated in the office. There was no negligence, malice, nor Accounts
intent
to defraud. [Quizo v. Sandiganbayan] Elements:
(1) Offender is public officer, whethe
Malversation (Art. 217) Estafa with Abuse service or separated therefrom b
of Confidence (Art. resignation or any other cause;
315) (2) He is an accountable officer for p
funds or property;
Funds or property usually Funds/property are
public always private
 CRIMINAL LAW REVIEWER

241
3. He is required by law or regulation to render account to the the latter‘s own was appropriate
Commission on Audit, or to a provincial auditor; personal use. law
4. He fails to do so for a period of two months after such accounts should or ordinance.
be rendered.

Demand for accounting is not necessary. It is also not essential that there be
misappropriation because if present, the crime would be malversation.

3. Article 219 - Failure of a Responsible Public Officer to

Render Accounts Before Leaving the Country
5. Article 221 - Failure
Elements: to Make Delivery of
(1) Offender is a public officer; Public Funds or
(2) He is an accountable officer for public Property
funds or property;
(3) He unlawfully leaves or attempts to
leave the Philippine Islands without Mode 1. Failing to make payment
public officer who is
securing a certificate from the
obligation to make such pay
Commission on Audit showing that his from government funds i
accounts have been finally settled. possession;

The purpose of the law is to discourage responsible or accountable officers Mode 2. Refusing to make delivery
from leaving without first liquidating their accountability. It is not necessary public officer who has
that they really misappropriated public funds. ordered by competent aut
to deliver any property i
custody or under
4. Article 220 - Illegal Use of Public Funds or Property administration.

Elements: Elements:
(1) Offender is a public officer; (1) Public officer has government fun
(2) There are public funds or property his possession;
under his administration; (2) He is under obligation to either:
(3) Such fund or property were (a) make payment from such funds;
appropriated by law or ordinance; (b) to deliver any property in his cus
(4) He applies such public fund or property under his administration
to any public use other than for which it (3) He maliciously fails to make the
was appropriated for. payment or refuses to make deliv
(4) He maliciously fails to make the
Illegal use of public funds or property is also known as technical payment.
malversation. The term technical malversation is used because in this
crime, the fund or property involved is already appropriated or earmarked
for a certain public purpose. 6. Article 222 - Officers
Included in the
Regardless of damage or embarrassment to the public service. Preceding Provisions
Malversation vs. Technical Malversation (1) Private individual who, in any
Malversation (Art. Technical capacity, have charge of any
217) malversation (Art. national, provincial or
220) municipal funds, revenue, or
The offender The public officer property
misappropriates applies the public (2) Administrator or depositary of
public funds or funds or property funds or property that has
property for his own under his been attached, seized or
personal use, or administration to deposited by public authority,
allows any other another public use even if owned by a private
person to take such different from that for individual.
funds or property for which the public fund
 CRIMINAL LAW REVIEWER

242
Sheriffs and receivers fall under the term ―administrator.‖ A judicial administrator
in charge of settling the estate of the deceased is not covered by the article. Elements:
(1) Offender is a private person;
E. Chapter V: Infidelity of Public (2) The conveyance or custody
prisoner or person under arre
Officers confided to him;
(3) The prisoner or person under arres
0. escapes;
(4) Offender consents to the escap
1. Article 223 - Conniving With or Consenting to Evasion that the escape takes place throu
negligence.
Elements:
(1) Offender is a public officer; If the offender who aided or
(2) He had in his custody or charge a consented to the prisoner‘s
prisoner, either detention prisoner or escaping from confinement,
prisoner by final judgment; whether the prisoner is a
(3) Such prisoner escaped from his convict or a detention
custody; prisoner, is not the custodian,
(4) He was in connivance with the prisoner in the latter‘s escape. (―shall the crime is delivering
consent to the escape‖) prisoners from jail under
Article 156.
Classes of prisoners involved
(1) Those who have been sentenced by final judgment to any penalty; The party who is not the custodian
(2) Detention prisoners who are temporarily held in custody for any crime or but who conspired with the custodian
violation of law or municipal ordinance. in allowing the prisoner to escape
does not commit infidelity in the
This includes allowing prisoners to sleep and eat in the officer‘s house or custody of the prisoner.
utilizes the prisoner‘s services for domestic chores.
Art. 225 not applicable if a private
The release of a detention prisoner who could not be delivered to judicial person was the one who made the
authorities within the time fixed by law is not infidelity in the custody of a arrest and he consented to the
prisoner. escape of the person he arrested.

Policeman Rodillas escorted detained

2. Article 224 - Evasion through Negligence prisoner Sacris to the court. After the
(asked 5 times) court adjourned he let her eat lunch
with her family, permitted her to go
Elements: to the ladies washroom unescorted
(1) Offender is a public officer; and after her escape, did not report it
(2) He is charged with the conveyance or immediately to his superiors, instead
custody of a prisoner or prisoner by he went around looking for her.
final judgment;
(3) Such prisoner escapes through SC held that he is guilty of the crime
negligence. in Art 224 for being negligent in the
performance of his duties which
made the escape of Sacris possible.
This covers only positive carelessness and definite laxity which amounts to
[People v.
deliberate non-performance of duties.
Rodillas]
The fact that the public officer recaptured the prisoner who had escaped
from his custody does not afford complete exculpation. 4. Article 226 -
Removal,
The liability of an escaping prisoner:
(1) If he is a prisoner by final judgment, he is liable for evasion of service
Concealment, or
(Art. 157) Destruction of Documents
(2) If he is a detention prisoner, he does not incur criminal liability (unless
cooperating with the offender). Elements:
(1) Offender is a public officer;
(2) He abstracts, destroys or concea
3. Article 225 - Escape of Prisoner under the document or papers;
Custody of a Person Not a Public Officer (3) Said document or papers should
 CRIMINAL LAW REVIEWER

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been entrusted to such public officer by
reason of his office;
(4) Damage, whether serious or not, to a
7. Article 229 -
third party or to the public interest has Revelation of Secrets
been caused. by an Officer

Can only be committed by the public officer who is made the custodian of the Mode 1. Revealing any secrets know
document in his official capacity. the
If the officer was placed in possession of the document but it is not his duty to be offending public officer
the custodian thereof, this crime is not committed. reason of his official capac

The document must be complete and one by which a right could be established or Elements:
an obligation could be extinguished. (1) Offender is a public officer;
(2) He knows of a secret by reason of
If the writings are mere forms, there is no crime. official capacity;
(3) He reveals such secret without
Damage to public interest is necessary. However, material damage is not authority or justifiable reasons;
necessary. (4) Damage, great or small, is caused
the public interest.
Removal is consummated upon taking or secreting away of the document from its
usual place. It is immaterial whether or not the illicit purpose of the offender has Mode 2. Wrongfully delivering
been accomplished. papers or copies
papers of which he may ha
This could cover failure on the part of the post office to forward the letters to their charge and which should n
destination. published.

Damage in this article may consist in mere alarm to the public or in the alienation of Elements:
its confidence in any branch of the government service. (1) Offender is a public officer;
(2) He has charge of papers;
(3) Those papers should not be publis
5. Article 227 - Officer Breaking Seal (4) He delivers those papers or copies
thereof to a third person;
Elements: (5) The delivery is wrongful;
(1) Offender is a public officer; (6) Damage is caused to public intere
(2) He is charged with the custody of
papers or property; Espionage is not contemplated in this
(3) These papers or property are sealed by article since revelation of secrets of
proper authority; the State to a belligerent nation is
(4) He breaks the seal or permits them to already defined in Art 117 and CA
be broken. 616.

In "breaking of seal", the word "breaking" should not be given a literal Secrets must affect public interest.
meaning. Even if actually, the seal was not broken, because the custodian Secrets of private persons are not
managed to open the parcel without breaking the seal. included.

The element of damage is not required. ―Charge‖: means custody or

control. If he is merely entrusted with
the papers and not with the custody
6. Article 228 - Opening of Closed Documents thereof, he is not liable under this
article.
Elements:
(1) Offender is a public officer; If the papers contain secrets which
(2) Any closed papers, documents, or should not be published, and the
objects are entrusted to his custody; public officer having charge thereof
(3) He opens or permits to be opened said removes and delivers them
closed papers, documents or objects; wrongfully to a third person, the
(4) He does not have proper authority. crime is revelation of secrets.

The act should not fall under 227. Damage also not necessary
 CRIMINAL LAW REVIEWER

244
On the other hand, if the papers do not contain secrets, their removal for an illicit Order of Superior
purpose is infidelity in the custody of documents. Officer When Said
Damage is essential to the act committed.
Order Was Suspended
by Inferior Officer
Revelation Of Removal,
Secrets By An Concealment or Elements:
Officer (Art. 229) Destruction of (1) Offender is a public officer;
Documents (Art. (2) An order is issued by his superior f
226) execution;
The papers contain The papers do not (3) He has for any reason suspended
secrets and therefore contain secrets but execution of such order;
should not be their removal is for an (4) His superior disapproves the suspe
published, and the illicit purpose. of the execution of the order;
public officer having (5) Offender disobeys his superior des
charge thereof the disapproval of the suspension.
removes and delivers
them wrongfully to a This does not apply if the order of
third person. the superior is illegal.

8. Article 230 - Public Officers Revealing Secrets of 3. Article 233 - Refusal

Private Individuals of Assistance

Elements: Elements:
(1) Offender is a public officer; (1) Offender is a public officer;
(2) He knows of the secrets of a private (2) A competent authority demands fr
individual by reason of his office; the offender that he lend his
(3) He reveals such secrets without cooperation towards the administr
authority or justifiable reason. of justice or other public service;
(3) Offender maliciously fails to do so.
Revelation to one person is sufficient.
When the offender is a public attorney or a solicitor, the act of revealing the secret The request must come from
should not be covered by Art 209. one public officer to another.
If he receives consideration
Damage to private individual is not necessary. therefore, bribery is
committed.
The reason for this provision is to uphold faith and trust in public service.
But mere demand will fall
under the prohibition under
F. Chapter VI: Other Offenses or the provision of Republic Act
Irregularities by Public Officers No. 3019 (AntiGraft and
Corrupt Practices Act).

0. Applies whether or not serious

damage to the public interest was
1. Article 231 - Open Disobedience
committed.

Elements:
(1) Officer is a judicial or executive officer; 4. Article 234 - Refusal
(2) There is a judgment, decision or order of to Discharge Elective
a superior authority; Office
(3) Such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal Elements:
formalities;
(1) Offender is elected by popular el
(4) He, without any legal justification, openly refuses to execute the to a public office;
said judgment, decision or order, which he is duty bound to obey.
(2) He refuses to be sworn in
2. Article 232 - Disobedience to the discharge the duties of said office;
(3) There is no legal motive for such r
to be sworn in or to discharg
 CRIMINAL LAW REVIEWER

245
duties of said office. (3) He assumes the performance
duties and powers of such office;
Once an individual is elected to an office by the will of the people, discharge (4) He has not taken his oath o
of duties becomes a matter of duty, not only a right. This only applies for and/or given the bond required b
elective, not appointive officers.

5. Article 235 - Maltreatment of Prisoners 7. Article 237 -

Prolonging
Elements: Performance of
(1) Offender is a public officer or employee; Duties and Powers
(2) He has under his charge a prisoner or
detention prisoner;
Elements:
(3) He maltreats such prisoner in either of
the following manners: (1) Offender is holding a public office;
(a) By overdoing himself in the (2) The period provided by law, regul
correction or handling of a prisoner or special provision for holding
or detention prisoner under his office, has already expired;
charge either (3) He continues to exercise the dutie
powers of such office.
i. By the imposition of
punishment not authorized by
the regulations; The offenders here can be
those suspended, separated,
ii. By inflicting such punishments declared over-aged, or
(those authorized) in a cruel
dismissed.
and humiliating manner;
(b) By maltreating such prisoners to 8. Article 238 -
extort a confession or to obtain Abandonment of
some information from the Office or Position
prisoner.
Elements:
This is committed only by such public officer charged with direct custody of the
prisoner. (1) Offender is a public officer;
(2) He formally resigns from his positi
Offender may also be held liable for physical injuries or damage caused. (3) His resignation has not yet been
accepted;
If the public officer is not the custodian of the prisoner, and he manhandles the (4) He abandons his office to the detr
latter, the crime is physical injuries. of the public service.

The offended party can either be a convict by final judgment or a detention For the resignation to be formal, it
prisoner. To be considered a detention prisoner, the person arrested must be placed has to be in written form.
in jail even for just a short while.
The offense is qualified when
The maltreatment does not really require physical injuries. Any kind of punishment the purpose of the
not authorized or although authorized if executed in excess of the prescribed abandonment is to evade the
degree. discharge of duties of
preventing, prosecuting,
If the maltreatment was done in order to extort confession, the penalty is qualified punishing any of the crimes
to the next higher degree. falling within Title One and
Chapter One of Title Three of
See: Human Security Act of 2007 (R.A. 9372) book two of the RPC.

Abandonment of Dereliction of
6. Article 236 - Anticipation of Duties of a Public Officer Office or Position (Art. 208)
(Art. 238)
Elements: Committed by any Committed only
(1) Offender is entitled to hold a public public officer public officers
office or employment, either by election have the dut
or appointment; institute prosec
(2) The law requires that he should first be for the punishme
sworn in and/or should first give a bond; violations of the l
 CRIMINAL LAW REVIEWER

246
There is actual Public officer does not Elements:
abandonment through abandon his office but (1) Offender is a public officer;
resignation to evade merely fails to (2) A proceeding is pending before s
the discharge of prosecute a violation public officer;
duties. of the law. (3) There is a question brought befor
proper authority regarding his
jurisdiction, which is not yet deci
9. Article 239 - Usurpation of Legislative (4) He has been lawfully required to
Powers from continuing the proceeding;
(5) He continues the proceeding.
Elements:
(1) Offender is an executive or judicial The disobedient officer is liable even
officer; if the jurisdictional question is
(2) That he: resolved in his favor.
(a) makes general rules or regulations
beyond the scope of his authority; or 13. Article 243 -
(b) attempts to repeal a law; or
Orders or Request by
(c) suspends the execution thereof.
Executive Officer to
Arts 239-241 punish interference by public officers of the executive or Any Judicial Authority
judiciary with the functions of another department of government to keep
them within legitimate confines of their respective jurisdictions. Elements:
Legislative officers are not liable for usurpation of powers. (1) Offender is an executive officer;
(2) He addresses any order or sug
to any judicial authority;
10. Article 240 - Usurpation of Executive Functions
(3) The order or suggestion relates
case or business coming with
Elements: exclusive jurisdiction of the co
(1) Offender is a judge; justice.
(2) That he:
(a) assumes a power pertaining to The purpose is to maintain the
the independence of the judiciary from
executive authorities, or executive dictations.
(b) obstructs the executive
authorities in the lawful
exercise of their powers. 14. Article 244
- Unlawful
Appointments
11. Article 241 - Usurpation of Judicial Functions
Elements:
Elements: (1) Offender is a public officer;
(1) Offender is an officer of the executive
(2) He nominates or appoints a person to
branch of the government;
public office;
(2) That he:
(3) Such person lacks the legal qualificat
(a) assumes judicial powers, or
therefore;
(b) obstructs the execution of any
(4) Offender knows that his nominee or
order or decision rendered by any
appointee lacks the qualification at th
judge within his jurisdiction.
time he made the nomination or
appointment.
12. Article 242 - Disobeying Request for
Disqualification This can also be covered by RA 3019.

Recommending, knowing that the

person recommended is not qualified
is not a crime.
 CRIMINAL LAW REVIEWER

247
There must be a law providing for the qualifications of a person to be
nominated or appointed to a public office. Abuse against chastity is not
absorbed in rape because the basis
of penalizing the acts is different from
15. Article 245 - Abuses against Chastity each other

Mode 1. Soliciting or making See also:

immoral or indecent (1) RA 3019: Anti-Graft and
advances to a Corrupt Practices
woman interested in (2) RA 7080: Anti-Plunder Act
matters pending before the (3) RA 9372: Human Security Act
offending officer for decision, or
with respect to which he is
required to submit a report to or
consult with a superior officer;

Mode 2. Soliciting or making immoral or

indecent advances to a woman
under the offender’s custody;

Mode 3. Soliciting or making

immoral or indecent
advances to the
wife, daughter, sister or
relative within the same degree
by affinity of any person in the
custody of the offending warden
or officer.

Elements:
(1) Offender is a public officer;
(2) He solicits or makes immoral or
indecent advances to a woman;
(3) Such woman is –
(a) interested in matters pending
before the offender for decision, or
with respect to which he is required
to submit a report to or consult
with a superior officer; or
(b) under the custody of the offender
who is a warden or other public
officer directly charged with the
care and custody of prisoners or
persons under arrest; or
(c) the wife, daughter, sister or
relative within the same degree by
affinity of the person in the custody
of the offender.

The crime is consummated by mere proposal. Title VIII. Crimes

The mother of the person in the custody of the public officer is not included against Persons
but the offender may be prosecuted under the Section 28 of RA 3019
(AntiGraft and Corrupt Practices Act).
If the offender were not the custodian, then crime would fall under Republic Act No. Chapter I: Destruction of Life
3019 (The AntiGraft and Corrupt Practices Act). (1) Article 246 – Parricide
(2) Article 247 - Death or Physical Inju
Solicit: means to propose earnestly and persistently something unchaste and Under Exceptional Circumstances
immoral to a woman. The advances must be immoral or indecent. (3) Article 248 – Murder
(4) Article 249 – Homicide
Proof of solicitation is not necessary when there is sexual intercourse.
 CRIMINAL LAW REVIEWER

248
(5) Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide Essential element:
(6) Article 251 - Death Caused in relationship of offender with
Tumultuous Affray the victim; except for
(7) Article 252 - Physical Injuries Caused in spouses, only relatives by
Tumultuous Affray blood and in direct line.
(8) Article 253 - Giving Assistance to Hence, adopted are not
Suicide included. [Reyes]
Supreme Court ruled that Muslim
(9) Article 254 - Discharge of Firearms
husbands with several wives can be
(10) Article 255 – Infanticide
convicted of parricide only in case
(11) Article 256 - Intentional the first wife is killed.
Abortion
(12) Article 257 - Unintentional Parricide when the penalty shall not
Abortion be reclusion perpetua to death:
(13) Article 258 - Abortion Practiced (1) Reckless or simple imprudence
by the Woman Herself or by Parents (Art. 365)
(14) Article 259 - Abortion by a (2) Parricide by mistake (Art. 49)
Physician or Midwife and Dispensing of (3) Parricide under exceptional
Abortives circumstances
(15) Article 260 - Responsibility of (Art. 247)
Participants in a Duel
(16) Article 261 - Challenging to a A stranger who cooperates and takes
Duel part in the commission of the crime
of parricide, is not guilty of parricide
Chapter II: Physical Injuries but only homicide or murder, as the
(1) Article 262 – Mutilation case may be.
(2) Article 263 - Serious Physical Injuries
(3) Article 264 - Administering Injurious The key element in parricide is the
Substances or Beverages relationship of the offender with the
(4) Article 265 - Less Serious Physical victim. Ergo, the fact of the
Injuries relationship should be alleged in the
(5) Article 266 - Slight Physical Injuries and information.
Maltreatment [People vs. Dalag]
(6) Article 266-A - Rape (amended by RA
8353) 2. Article 247 - Death or
Physical Injuries
About this Title: The essence of crimes involves the taking of human life,
destruction of the fetus, or inflicting injuries. Under Exceptional
Circumstances
(asked 8 times)
A. Chapter I: Destruction of Life
Elements:
0. (1) A legally married person, or a p
surprises his spouse or his dau
1. Article 246 - Parricide the latter under 18 years of ag
(asked 10 times) living with him in the act of
intercourse with another person;
Elements: (2) He or she kills any or both of th
(1) Person is killed; inflicts upon any or both of the
(2) Deceased is killed by the accused; serious physical injury in the
(3) Deceased is the immediately thereafter;
(a) legitimate/illegitimate father (3) He has not promoted or facilitat
(b) legitimate/illegitimate mother prostitution of his wife or daugh
(c) legitimate/illegitimate child that she has not consented
* should not be less than 3 days old, infidelity of the other spouse.
otherwise crime is infanticide
(d) other legitimate ascendant ―Living with parent(s)‖ is
understood to be in their own
(e) other legitimate descendant
dwelling.
(F) legitimate spouse
 CRIMINAL LAW REVIEWER

249
Elements:
If done in a motel, article does not apply. (1) Person was killed;
(2) Accused killed him;
―Surprise‖ means ―to come upon suddenly and (3) Killing attended by any of the follo
unexpectedly.‖ qualifying circumstances – (EPIC2
SW2AT)
Immediately thereafter: there is no set time as jurisprudence has held 1 hour or
(a) with treachery, taking advanta
even 4 hours as ―immediately thereafter‖. However, the act done must be a direct
superior strength, with the a
result of the outrage of the cuckolded spouse, and a continuous act from the
armed men, or employing mea
moment of the surprising.
weaken the defense, or of m
or persons to insure or
Article does not apply: If the surprising took place before any actual sexual impunity;
intercourse could be done. Destierro for killer spouse is not so much a penalty as it (b) in consideration of a price, re
is meant to protect him from acts of reprisal by relatives of dead spouse. This is or promise;
because law regards the act done in 247 as a lawful action.
(c) by means of inundation,
poison, explosion, shipw
No criminal liability when less serious or slight physical injuries are inflicted. stranding of a vessel, derailme
assault upon a railroad, fall
Evidence of the victim‘s promiscuity is inconsequential to the killing. The airship, by means of m
offender must prove that he actually surprised his wife and [her paramour] vehicles, or with the use o
in flagrante delicto, and that he killed the man during or immediately other means involving great
thereafter. [People v. Puedan] and ruin;
(d) on occasion of any of
The killing must be the direct result of the outrage suffered by the cuckolded calamities enumerated in
husband. preceding paragraph, or o
earthquake, eruption of a vol
Although about one hour had passed between the time the accused destructive cyclone, epidem
discovered his wife having sexual intercourse with the victim and the time any other public calamity;
the latter was actually killed, it was held that Article 247 was applicable, as (e) with evident premeditation;
the shooting was a continuation of the pursuit of the victim by the accused. (f) with cruelty, by deliberately
inhumanly augmenting
Inflicting death under exceptional circumstances is not murder. suffering of the victim, or outr
or scoffing at his person or cor
Two other persons suffered physical injuries as they were caught in the (4) The killing is not parricide or infan
crossfire when the accused shot the victim. A complex crime of double
frustrated murder was not committed as the accused did not have the One attendant qualifying
intent to kill the two victims. Here, the accused did not commit murder circumstance is enough. If there are
when he fired at the paramour of his wife. No aberratio ictus because he more than one alleged in the
was acting lawfully. [People v. Abarca] information for murder, only one will
qualify the killing to murder and the
other circumstances will be taken as
3. Article 248 - Murder generic aggravating circumstance.
(asked 20 times) Any of the qualifying circumstances
enumerated in Art. 248 must be
alleged in the information. When the
other circumstances are absorbed or
included in one qualifying
circumstance, they cannot be
considered as generic aggravating.

When the victim is already dead,

intent to kill becomes irrelevant. It is
important only if the victim did not
die to determine if the felony is
physical injury or attempted or
frustrated homicide.

TREACHERY
The essence of treachery is that the
offended party was denied the
chance to defend himself because of
 CRIMINAL LAW REVIEWER

250
the means, methods, deliberately adopted by the offender and were not merely (asked 16 times)
incidental to the killing.
Elements:
Killing of a child of tender age is murder qualified by treachery. (1) Person was killed;
(2) Offender killed him without any
Abuse of superior strength is inherent in and comprehended by the circumstance of justifying circumstances;
treachery or forms part of treachery. (3) Offender had the intention to kill, w
is presumed;
FIRE (4) Killing was not attended by any of
When a person is killed by fire, the primordial criminal intent of the offender is qualifying circumstances of murde
considered.
by that of parricide or infanticide
If the primordial criminal intent of the offender is to kill and fire was only used as a
means to do so, the crime is only murder. Use of unlicensed firearm is an
aggravating circumstance in homicide.
If the primordial criminal intent of the offender is to destroy property with the use of
pyrotechnics and incidentally, somebody within the premises is killed, the crime is In attempted or frustrated
arson with homicide, a single indivisible crime penalized under Article 326, which is homicide, there is intent to
death as a consequence of arson. kill. In physical injuries, there
is none. However, if as a
result of the physical injuries
Intent to kill must be present for the use of fire to be appreciated as a qualifying inflicted, the victim died, the
circumstance. Intending to make fun of a mentally-disabled person, Pugay poured crime will be homicide
gasoline on the latter while Samson set him on fire. The victim died. because the law presumes
intent to kill and punishes the
There was no animosity between the two accused and the victim such that it cannot result, and not the intent of
be said that they resort to fire to kill him. It was merely a part of their fun making the act. The accused will,
but because their acts were felonious, they are criminally liable. [People v. however, be entitled to the
Pugay and Samson] mitigating circumstance of
lack of intent to commit so
POISON grave a wrong.
Treachery and evident premeditation are inherent in murder by poison only if the
offender has the intent to kill the victim by use of poison. Physical injuries sufficient to
cause death are one of the
EVIDENT PREMEDITATION essential elements of frustrated
Act of the offender manifestly indicating that he clung to his determination to kill homicide.
his victim.
In accidental homicide
Evident premeditation is absorbed in price, reward or promise, if without the wherein death of a person is
premeditation the inductor would not have induced the other to commit the brought about by a lawful act
act but not as regards the one induced. performed with proper care
and skill and without
homicidal intent, there is no
Pariseo Tayag was shot dead by several policemen in the course of their pursuit liability.
to get his fan knife.
There is no offense of frustrated
Although it has not been shown which of the policemen fired the fatal shot homicide through imprudence.
each should be held guilty of murder since they are in conspiracy to effect Accused pharmacist prepared the
the death of the victim. [People v. medicine on prescription but
Buensuceso (1984)] erroneously used a highly poisonous
substance. When taken by the
patient, the latter nearly died.
CRUELTY
Accused is guilty only of reckless
Under Article 14, the generic aggravating circumstance of cruelty requires
imprudence resulting in serious
that the victim be alive, when the cruel wounds were inflicted and,
physical injuries.
therefore, there must be evidence to that effect.
The element of intent to kill in
Yet, in murder, aside from cruelty, any act that would amount to scoffing or
frustrated homicide is incompatible
decrying the corpse of the victim will qualify the killing to murder.
with negligence or imprudence.
[People v. Castillo]
4. Article 249 - Homicide
 CRIMINAL LAW REVIEWER

251
upon the person of the offended part
known.
5. Article 250 - Penalty for Frustrated Parricide, Murder or
Homicide
Physical injury should be serious or
Courts may impose a penalty: less serious.
(1) 2 degrees lower for frustrated parricide,
murder, or homicide No crime of physical injuries resulting
from a tumultuous affray if the
(2) 3 degrees lower for attempted
physical injury is only slight.
parricide, murder, or homicide.
Slight physical injury is considered as
inherent in a tumultuous affray.
6. Article 251 - Death Caused in
Tumultuous Affray 8. Article 253 - Giving
Assistance to Suicide
Elements:
(1) There are several persons;
Mode 1: Assisting another to co
(2) They do not compose groups organized suicide, whether the suici
for the common purpose of assaulting
consummated or not;
and attacking each other reciprocally;
Mode 2: Lending his assistance
(3) These several persons quarreled and
assaulted one another in a confused another to commit suicid
and tumultuous manner; the extent of doing the k
(4) Someone was killed in the course of the himself.
affray;
(5) It cannot be ascertained who actually Giving assistance to suicide
killed the deceased; means giving means (arms,
(6) The person or persons who inflicted poison, etc.) or whatever
manner of positive and direct
serious physical injuries or who used
cooperation (intellectual aid,
violence can be identified.
suggestions regarding the
mode of committing suicide,
Tumultuous affray is a commotion in a confused manner to an extent that it would etc.).
not be possible to identify who the killer is if death results, or who inflicted the
serious physical injury, but the person or persons who used violence are known. If the person does the killing
himself, the penalty is similar
If there is conspiracy, this crime is not committed. to that of homicide, which is
The crime would be murder or homicide. reclusion temporal.

If nobody could still be traced to have employed violence upon the victim, nobody There can be no qualifying
will answer. circumstance because the
determination to die must come from
The crimes committed might be disturbance of public order, or if participants are the victim.
armed, it could be tumultuous disturbance, or if property was destroyed, it could be
malicious mischief. The person attempting suicide is not
liable. Reason:
He should be pitied, not punished.
7. Article 252 - Physical Injuries Caused in Tumultuous
Affray This does not contemplate
euthanasia or mercy killing
Elements: where the crime is murder. (if
without consent; with
(1) There is a tumultuous affray;
consent, covered by Article
(2) A participant or some participants thereof 253). Euthanasia is not
suffered serious physical injuries or physical lending assistance to suicide.
injuries of a less serious nature only; In euthanasia, the victim is
(3) The person responsible thereof cannot be not in a position to commit
identified; suicide.
(4) All those who appear to have used violence
 CRIMINAL LAW REVIEWER

252
A doctor who resorts to euthanasia of his patient may be liable for murder. (3) As a result of the use of violence
But if the patient himself asks to be killed by his doctor, this Article applies. drugs or beverages upon her, or
other act of the accused, the fetu
either in the womb or after havin
9. Article 254 - Discharge of Firearms expelled therefrom;
(4) The abortion is intended.
Elements:
(1) Offender discharges a firearm Ways of committing intentional
against or at another person. abortion
(2) Offender has no intention to kill (1) Using any violence upon the
that person. person of the pregnant
woman;
No crime if firearm is not discharged. It is essential for prosecution to prove (2) Acting, but without using
that the discharge of firearm was directed precisely against the offended violence, without the
party. consent of
the woman.
If there is intention to kill, it may be classified as attempted parricide, murder, or (By
homicide. administering drugs or
beverages upon such pregnant
No presumed intent to kill if the distance is 200 meters. woman without her consent.)
(3) Acting (by administering drugs
There is a special complex crime of illegal discharge of firearm with serious or less or beverages), with the
serious physical injuries. consent of the pregnant
woman.

10. Article 255 - Infanticide ABORTION vs. INFANTICIDE

ABORTION INFANTICID
Elements: Fetus could not Fetus could susta
(1) A child was killed by the accused; sustain independent independent life
(2) The deceased child was less than 3 life. No legal viability. separation from
days old. mother‘s womb.

If the offender is the parent and the victim is less than three days old, the crime is If the mother as a
infanticide and not parricide. consequence of abortion
suffers death or physical
The fact that the killing was done to conceal her dishonor will not mitigate the injuries, you have a complex
criminal liability anymore because concealment of dishonor in killing the child is not crime of murder or physical
mitigating in parricide. injuries and abortion.

Only the mother and maternal grandparents of the child are entitled to the In intentional abortion, the
mitigating circumstance of concealing the dishonor. Concealment of dishonor is not offender must know of the
an element of infanticide. It merely lowers the penalty. pregnancy because the
particular criminal intent is to
A stranger who cooperates in the perpetration of infanticide committed by the cause an abortion.
mother or grandparent on the mother‘s side, is liable for infanticide, but he must If the woman turns out not to
suffer the penalty prescribed for murder. be pregnant and someone
performs an abortion upon
If the child is abandoned without any intent to kill and death results as a her, he is liable for an
consequence, the crime committed is not infanticide but abandonment under impossible crime if the
Article 276. woman suffers no physical
injury.

11. Article 256 - Intentional Abortion If she dies or suffers injuries, the crime
will be homicide, serious physical
Elements: injuries, etc.
(1) There is a pregnant woman;
(2) Violence is exerted, or drugs or Frustrated abortion is
beverages administered, or that the committed if the fetus that is
accused otherwise acts upon such expelled is viable and,
pregnant woman; therefore, not dead as
abortion did not result despite
 CRIMINAL LAW REVIEWER

253
the employment of adequate and sufficient means to make the pregnant suffered an abortion;
woman abort. (2) Abortion is intended;
(3) Abortion is caused by –
12. Article 257 - Unintentional Abortion (a) The pregnant woman her
(asked 3 times) (b) Any other person, with
consent; or
Elements: (c) Any of her parents, wit
consent for the purpo
(1) There is a pregnant woman;
concealing her dishonour
(2) Violence is used upon such pregnant
woman without intending an abortion;
(3) The violence is intentionally exerted; If the purpose of abortion is to
(4) Result of violence – fetus dies, either in conceal dishonor, mitigation applies
the womb or expelled therefrom only to pregnant woman and not to
parents of pregnant woman, unlike in
Unintentional abortion requires physical violence inflicted deliberately and infanticide.
voluntarily by a third person upon the pregnant woman, without intention to
cause the abortion. If the purpose of parents is not to
conceal dishonor, the crime is
If the pregnant woman aborted because of intimidation, the crime intentional abortion.
committed is not unintentional abortion because there is no violence; the
crime committed is light threats.
14. Article 259 -
If the pregnant woman was killed by violence by her husband, the crime Abortion by a
committed is the complex crime of parricide with unlawful abortion. Physician or Midwife
and Dispensing of
Unintentional abortion may be committed through negligence as it is Abortives
enough that the use of violence be voluntary.

If the act of violence is not felonious, that is, act of self-defense, and there is Elements:
no knowledge of the woman‘s pregnancy, there is no liability. (1) There is a pregnant woman who
suffered an abortion;
(2) The abortion is intended;
Jose is declared guilty of the crime of unintentional abortion through reckless (3) Offender, who must be a physi
imprudence for having bumped a calesa which resulted in a pregnant woman midwife, caused or assisted in c
bumping her abdomen against the wall of the calesa and eventually led to an the abortion;
abortion. [People v. (4) Said physician or midwife
Jose] advantage of his or her sc
knowledge or skill.
Mere boxing of the stomach taken together with the immediate strangling of the
victim in a fight, is not sufficient proof to show an intent to cause abortion. If the abortion is produced by a
physician to save the life of the
The accused must have merely intended to kill the victim but not necessarily to mother, there is no liability.
cause abortion. Article punishes a pharmacist
who merely dispenses with an
The accused is liable for complex crime of parricide with unintentional abortion for it abortive without the proper
was merely incidental to the killing. [People v. Salufrania prescription of a physician.
(1988)]
If pharmacist knew that the
abortive would be use for
For the crime of abortion, even unintentional, to be held committed, the accused abortion, her would be liable
must have known of as an accomplice in the crime
the pregnancy. [People v. Carnaso] of abortion.

13. Article 258 - Abortion 15. Article 260 -

Practiced by the Woman Herself or by Parents Responsibility of
Participants in a Duel
Elements:
(1) There is a pregnant woman who has Mode 1: Killing one’s adversary in a d
 CRIMINAL LAW REVIEWER

254
by depriving him, either to
Mode 2: Inflicting upon such adversary or partially, of some
physical injuries; essential organ for
reproduction; (Mutilation)
Mode 3: Making a combat although no
physical injuries have been Elements:
inflicted. (1) There be a castration, that is,
mutilation of organs necessary fo
Persons liable generation, such as the penis or
(1) The person who killed or inflicted ovarium;
physical injuries upon his adversary, or (2) The mutilation is caused purpose
both combatants in any other case, as deliberately
principals.
(2) The seconds, as accomplices. Mode 2. Intentionally making
mutilation, that is, by lopp
Duel is a formal or regular combat previously consented to by two parties in clipping off any part of the
the presence of two or more seconds of lawful age on each side, who make of the offended party,
the selection of arms and fix all the other conditions of the fight to settle than the essential orga
some antecedent reproduction, to deprive h
quarrel. that part of his body. (May

There is no such crime nowadays because people hit each other even Intent to mutilate must be
without entering into any preconceived agreement. This is an obsolete established. If there is no intent, the
provision. If these are not the conditions of the fight, it is not a duel in the crime is only serious physical injury.
sense contemplated in the Revised Penal Code.
CASTRATION - intentionally
It will be a quarrel and anyone who killed the other will be liable for mutilating another by depriving him,
homicide or murder, as the case may be. either totally or partially, of some
essential organ for reproduction
16. Article 261 - Challenging to a Duel
MAYHEM - intentionally making other
mutilation other than some essential
Mode 1. Challenging another to a duel; organ for reproduction
Mode 2. Inciting another to give or accept and to deprive him of that part of the
a challenge to a duel; body
Mode 3. Scoffing at or decrying another
publicly
for having refused to accept a 2. Article 263 - Serious
challenge to fight a duel. Physical Injuries
(asked 6 times)
Persons Responsible under Art. 261:
(1) Challenger Modes of Commission:
(2) Instigators (1) By wounding;
(2) By beating;
If one challenges another to a duel by shouting ―Come down, Olympia, let
(3) By assaulting; or
us measure your prowess. We will see whose intestines will come out. You
are a coward if you do not come down‖, the crime of challenging to a duel is (4) By administering injurious substa
not committed. (Art.
264)
What is committed is the crime of light threats under Article 285, paragraph 1 of the
Revised Penal Levels of Penalty: When the injured pe
Code. [People v. Tacomoy] consequence of the physical injuries inflic
(1) becomes insane, imbecilic, impot
blind
B. Chapter II: Physical Injuries (2) loses the use of speech or the po
hear or to smell, or loses an eye,
hand, afoot, an arm, or a leg;
0.
(3) loses the use of any such membe
1. Article 262 - Mutilation (4) becomes incapacitated for the w
which he was theretofore habitua
Mode 1. Intentionally mutilating another engaged, in consequence of the
 CRIMINAL LAW REVIEWER

255
physical injuries inflicted; (2) Loss of permanent front tooth
(5) becomes deformed; or – This is deformity as it is
(6) loses any other member of his body; visible and permanent.
(3) Loss of milk front tooth – This
(7) loses the use thereof; or
is not deformity as it is visible
(8) becomes ill or incapacitated for the performance of the work in which he
but will be naturally replaced.
was habitually engaged for more than 90 days in consequence of the
physical injuries
Serious physical injuries is
inflicted;
punished with higher penalties in
(9) becomes ill or incapacitated for labor for more than 30 days (but must the following cases:
not be more than 90 days), as a result of the physical injuries inflicted. (1) If it is committed against any
of the persons referred to in
3. Article 264 - Administering Injurious Substances or the crime of parricide under
Article 246;
Beverages (2) If any of the circumstances
qualifying murder attended
Elements: its commission.
(1) Offender inflicted upon another any
serious physical injury; See Special Law: RA 8049 (The Anti-
(2) It was done by knowingly administering Hazing Law)
to him any injurious substance or
beverages or by taking advantage of his See Special Law: RA 9745 (The Anti-
weakness of mind or credulity; Torture Law)
(3) He had no intent to kill.

Physical Injuries vs. Attempted or Frustrated 4. Article 265 - Less

homicide Serious Physical
Physical Injuries Attempted or Injuries
Frustrated homicide
The offender Attempted homicide Elements:
inflicts physical may be committed, (1) Offended party is incapacitat
injuries. even if no physical labor for 10 days or more (but no
injuries are inflicted. than 30 days), or needs m
Offender has no intent The offender has an attendance for the same period o
to kill the offended intent to kill (2) The physical injuries must not be
party the offended described in the preceding article
party.
Qualified as to penalty
The reason why there is no attempted or frustrated crime of physical (1) A fine not exceeding P 500.00, in
addition to arresto mayor, when
injuries is because this felony is defined by the gravity of the injury. It is a
crime of result. As long as there is no injury, there can be no attempted or (a) There is a manifest intent t
frustrated stage thereof. or offend the injured person;
(b) There are circumstances
Classification of physical injuries: ignominy to the offense.
(1) Between less serious physical injuries and serious physical injuries, (2) A higher penalty is imposed when
you do not consider the period of medical treatment. You only victim is either –
consider the period when the offended party is rendered (a) The offender‘s parents, asce
incapacitated for labor. guardians, curators or teache
(b) Persons of rank or per
(2) When the injury created a deformity upon the offended party, you authority, provided the crim
disregard the healing duration or the period of medical treatment direct assault.
involved. At once, it is considered serious physical injuries.

(3) Deformity requires the concurrence of the following conditions: (a)

5. Article 266 - Slight
The injury must produce ugliness; Physical Injuries and
(b) It must be visible; Maltreatment
(c) The ugliness will not disappear through natural healing process.
Illustration: Physical injuries incapac
(1) Loss of molar tooth – This is not deformity as it is not visible. the offended party for
Mode 1. from 1-9 days, OR req
 CRIMINAL LAW REVIEWER

256
medical attendance during the or grave abuse of authority;
same period; (d) When the woman is under 12
Mode 2. of age (Statutory Rape)
Physical injuries which did not
demented.
prevent the offended party
from engaging in his habitual Mode 2: Rape Through Sexual Assault
work or which did not require
medical attendance; Elements:
Mode 3. Ill-treatment of another by (1) Offender commits an act of sexual
deed without causing any assault;
injury. (2) The act of sexual assault is commi
by any of the following means:
This involves even ill-treatment where there is no sign of injury requiring medical (a) By inserting his penis into an
treatment. person's mouth or anal orifice;
Slapping the offended party is a form of illtreatment which is a form of slight (b) By inserting any instrume
physical injuries. But if the slapping is done to cast dishonor upon the object into the genital or anal
person slapped, or to humiliate or embarrass the offended party out of a of
quarrel or anger, the crime is slander by deed.

Between slight physical injuries and less serious physical injuries, not only
the healing duration of the injury will be considered but also the medical
attendance required to treat the injury.

So the healing duration may be one to nine days, but if the medical
treatment continues beyond nine days, the physical injuries would already
qualify as less serious physical injuries.

The medical treatment may have lasted for nine days, but if the offended
party is still incapacitated for labor beyond nine days, the physical injuries
are already considered less serious physical injuries.

Where there is no evidence of actual injury, it is only slight physical injuries.

In the absence of proof as to the period of the offended party‘s incapacity

for labor or of the required medical attendance, the crime committed is
slight physical injuries.

See Special Law: RA 7610 (Special Protection of Children Against Child Abuse,
Exploitation and
Discrimination Act)

6. Article 266-A - Rape (amended by RA 8353)

(asked: 10x)

Mode 1: Rape through sexual intercourse

without consent of the woman:
(Traditional Rape)

Elements:
(1) Offender is a man;
(2) Offender had carnal knowledge of a
woman;
(3) Such act is accomplished under any of
the following circumstances:
(a) By using force, threat or
intimidation;
(b) When the woman is deprived of
reason or is otherwise unconscious;
(c) By means of fraudulent machination
E. Committed with any
another of the ff. aggravating
person;
circumstances:
(3) The act of sexual assault is
(1) accomplished
On the VICTIM: under any of the
(a) victim
CRIMINAL
following LAWis under 18 yrs.
REVIEWER
circumstances: (a)old,
By & the
using
forceoffender is a parent,
or intimidation; or ascendant,
step- the woman is deprived of
(b) When
parent, guardian,
reason or otherwise relative
unconscious; or
(c) By means byofconsanguinity or affinity
fraudulent machination
or grave the 3rdofcivil
w/inabuse degree,
authority; 257
oror the
(d) common
When the law spouse
woman is of the parent
under 12 yearsof
of age or demented. the victim
(b) victim is under the custody of the
police / military authorities / law
enforcement agency
(c) victim is a religious and such
legitimate vocation is known by the
offender
before or at the time of rape
(d) victim is a child below 7 yrs. old
(e) victim suffered permanent or
physical mutilation or disability by
reason or on the occasion of rape

(2) On the OFFENDER:

(a) Offender is afflicted with a sexually
Traditional Rape
transmissible Sexual
disease & Assault
the virus /
In general: In
disease is transmitted general:
to the victim
Reclusion
(b) Offender is a memberPrision of themayor
AFP /
perpetua PNP / any law enforcement
agency / penal institution, & took
A. Committed:
1) advantage
with the useof his
of position
a deadly
(c) Offender
weapon; orknew
2) byof2 the pregnancy of
or more
the offended
persons party at the time of
the commission
Reclusion perpetua of rape mayor
to Prision to
(d) Offender
death reclusion knew of the mental
temporal
disability, emotional disorder, & / or
B. Victim becomes insane by reason or on
physical handicap of the offended
the occasion
party at theof rape
time of the
Reclusion commission ofReclusion
rape temporal
perpetua
to death
(3) On 3RD PERSONS: Rape is committed in
C. Rape is attempted
full view of the of the&spouse,
homicide is
parent,
committed
any of bythereason
children,ororon the relatives
other occasion
thereof
w/in the 3rd civil degree of consanguinity
Reclusion Reclusion temporal to
perpetua reclusion perpetua
to death
D. Rape is consummated & homicide is
committed by reason or on the occasion
thereof (a special
complex crime)
Death Reclusion perpetua
Classification of rape
(1) Traditional Rape  Offended
party is always a woman 
Offender is always a man.

(2) Sexual assault

 Rape can now be
committed by a man or a
woman, that is, if a woman
or a man uses an
instrument on anal orifice
of male, she or he can be
liable for rape.
 Inserting a finger inside
the genital of a woman is
rape through sexual
assault within the context
of ‗object‘.
 CRIMINAL LAW REVIEWER

258
Penalties

Old Anti-Rape Law vs. RA 8353

Old Anti-Rape Law RA 8353
Crime against chastity Crime against persons
May be committed by Under the 2nd type,
a man against a sexual assault may be
woman committed by ANY
only PERSON against ANY
PERSON
PRIVATE CRIME – May be prosecuted
Complaint must be even if the woman
filed by the woman or does not file a
her parents, complaint
grandparents or
guardian if the woman
was a minor or
incapacitated
Marriage of the victim Marriage extinguishes
w/ one of the the penal action only
offenders benefits not as to the principal (the
only the principal but person who married
also the accomplices the victim), and
and cannot be
accessories extended to co-
principals in case of
MULTIPLE RAPE
Marital rape NOT Marital rape
recognized
recognized the intent to enter the same cannot be construed as slight
penetration.

Complete penetration is NOT necessary. The slightest Accused is only liable for ATTEMPTED RAPE.
penetration—contact with the labia—will consummate the
rape. Conviction does not require a medico-legal finding of any
penetration on the part of the woman.
Rape must have specific intent or lewd design.
Force employed against the victim of the rape need not be
of such character as could be resisted. When the offender
A soldier raped a 19-year old student by poking a knife on has an ascendancy or influence over the girl, it is not
her neck. Only a portion of his penis entered her vagina necessary that she put up a determined resistance. A rape
because the victim kept on struggling until she was able to victim does not have the burden of proving resistance.
escape. The accused was convicted of frustrated rape.
Rape by means of fraudulent machinations and grave abuse
There is NO crime of FRUSTRATED RAPE because in rape, of authority absorbs the crime of qualified and simple
from the moment the offender has carnal knowledge of the seduction.
victim, he actually attains his purpose, all the essential
elements of the offense Statutory rape is consummated when the victim is below 12
have been accomplished. [People v. Orita] yrs. old. Victim‘s consent is immaterial. Offender‘s
knowledge of the victim‘s age is immaterial in statutory
rape.
The accused had his pants down and was on top of the 4- Carnal knowledge of a child below 12 yrs. old even if she is
year old child when the child‘s mother arrived. Medical engaged in prostitution is still considered
findings showed no signs of genital injury and the victim‘s statutory rape. [People v. Campuhan]
hymen was intact.

For rape to be consummated, a slight brush or scrape of the A 16-year old mental retardate, who has the intellectual
penis on the external layer of the vagina will not suffice. capacity of a 9, was repeatedly raped by the accused.
Mere touching of the external layer of the vagina without
 CRIMINAL LAW REVIEWER

259
The accused was found guilty of raping a woman deprived
of reason or otherwise unconscious, and was also held Effect of Pardon
liable for rape under the provision that pertains to a victim (1) Subsequent valid marriage between the offender and
under 12 notwithstanding the victim‘s actual age. the offended party shall extinguish the criminal
Age requirement was subsequently amended to refer also to action or the penalty imposed.
mental age. (2) When the legal husband is the offender, the
subsequent forgiveness by the wife as the offended
Incestuous rape refers to rape committed by an ascendant of party shall extinguish the criminal action or the
the offended woman. [People v. penalty, provided that their marriage is NOT VOID ab
Atento] initio.

Jurisprudence on TITLE EIGHT:

Gallo was found guilty of the crime of qualified rape with the
penalty of death. Frustrated Homicide
By invoking self-defense, accused, in fact, admitted that he
The information filed against him does not allege his inflicted injuries on the victim. The burden of proving with
relationship with the victim, his daughter, thus, it CANNOT clear and convincing evidence the justifying circumstances
be considered as a qualifying circumstance. Special to exculpate him from criminal liability was thereby shifted
qualifying circumstances have to be alleged in the to him. [De
information for it to be appreciated. Leon v. People (2007)]

The case was reopened and the judgment is modified from Homicide
death to reclusion perpetua. [People v. Gallo] Direct evidence of the crime is not the only matrix
wherefrom a trial court may draw its conclusion and finding
of guilt. The rules of evidence allow a trial court to rely on
A 14-year old was raped by her brother-in-law. To effectively circumstantial evidence to support its conclusion of guilt.
prosecute the accused for the crime of rape committed by a
relative by affinity w/in the 3 rd civil degree, it must be Circumstantial evidence is that evidence which proves a fact
established that: or series of facts from which the facts in issue may be
(1) the accused is legally married to the victim‘s sister; established by inference. At times, resort to circumstantial
and evidence is imperative since to insist on direct testimony
(2) the victim and the accused‘s wife are full or half- would, in many cases, result in setting felons free and deny
blood siblings. proper protection to the community.

Since relationship qualifies the crime of rape, there must be All the circumstances must be consistent with one another,
clearer proof of relationship and in this case, it was not consistent with the hypothesis that the accused is guilty, and
adequately substantiated. [People v. at the same time inconsistent with the hypothesis that he is
Berana] innocent.

Thus, conviction based on circumstantial evidence can be

Evidence which may be accepted in the prosecution of upheld, provided that the circumstances proven constitute
rape: an unbroken chain which leads to one fair and reasonable
(1) Any physical overt act manifesting resistance against conclusion that points to the accused, to the exclusion of all
the act of rape in any degree from the offended others, as the guilty
party; or person. [Salvador v. People (2008)]
(2) Where the offended party is so situated as to render
him/her incapable of giving his consent Murder
Murder is committed by any person who, not falling within
Rape shield rule: Character of the offended woman is the provisions of Article 246 of the Revised Penal Code
immaterial in rape. (RPC), kills another, if the killing is committed with treachery.

An accused may be convicted of rape on the sole testimony The essence of treachery is the sudden and unexpected
of the offended woman. When several persons conspired to attack by an aggressor on an unsuspecting victim, depriving
rape a single victim, each shall be liable for the rape the latter of any real chance to defend himself and thereby
committed personally by him, as well as those committed by ensuring its commission without risk to himself.
the others.
The killing occurred at around two o‘clock in the morning, an
An accused may be considered a principal by direct hour when generally people are asleep and the victim was
participation, by inducement, or by indispensable shot at the back. [People v.
cooperation. This is true in a charge of rape against a Bohol (2008)]
woman, provided, a man is charged together with her.
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260
Qualified Rape years old as of this decision, he is still exculpated from
There is qualified rape when the facts alleged in the criminal liability.
Information and the facts proven in court establish the
qualifying circumstances of minority and relationship. However, RA 9344 does not relieve the minor of civil liability
[People v. Abellano (2007)] arising from the offense. [Ortega v. People
(2008)]
A stepfather, who exercises moral and physical ascendancy
over his stepdaughter, need not make any threat against her See Also:
because the latter is cowed into submission when gripped (1) RA 9262: Anti-Violence against Women and their
with the fear of refusing the advances of a person she Children
customarily obeys. (2) RA 9775: Anti-Child Pornography Law
(3) RA 8049: Anti-Hazing Law
Rape may, likewise, be committed in a room adjacent to (4) RA 7610: Special Protection of Children Against Child
where the victim's family is sleeping, or even in a room Abuse
shared with other people. There is no rule that rape can only (5) RA 9344: Juvenile Justice and Welfare act
be committed in seclusion. (6) PD 603: Child and Youth Welfare Code
[People v. Glivano (2008)] (7) RA 9372: Human Security Act

Rape
Physical resistance need not be established in rape when
intimidation is exercised upon the victim who submits
against her will to the rapist‘s lust because of fear for her life
or personal safety.

The force, violence or intimidation in rape is a relative term,

depending not only on the age, size, and strength of the
parties but also on their relationship with each other.
Because of the victim‘s youthfulness, coupled with the fact
that the assailant is her stepfather, it was easy for her to
believe that appellant would make good his threat to
kill her should she resist. [People v. Tuazon (2007)]

Rape
An information is valid as long as it distinctly states the
elements of the offense and the acts or omissions
constitutive thereof.

The precise time or date of the commission of an offense

need not be alleged in the complaint or information, unless it
is an essential element of the crime charged. In rape, it is
not.

The gravamen of rape is carnal knowledge of a woman

through force and intimidation. In fact, the precise time
when the rape takes place has no substantial bearing on its
commission. As such, the date or time need not be stated
with absolute accuracy. It is sufficient that the complaint or
information states that the crime has been committed at any
time as near as possible to the date of its actual commission.
[People v. Domingo
(2007)]

Rape BY a Minor

The accused at the time of the commission of the offense

was only 13 years old and it occurred prior to RA 9344 or the
Juvenile Justice and Welfare Act of 2006.

The subsequently enacted law should be construed to

retroact in favor of the accused. While the latter is now 25
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Title IX. Crimes against Personal 1. Article 267 - Kidnapping and Serious
Illegal Detention
Liberty and Security (asked 7 times)

Elements: (PICK)
Chapter I: Crimes against Liberty (1) Offender is a private individual;
(1) Article 267 - Kidnapping and Serious (2) He kidnaps or detains another, or in
Illegal Detention any other manner deprives the latter of
(2) Article 268 - Slight Illegal Detention his liberty;
(3) Article 269 - Unlawful Arrest (3) The act of detention or kidnapping
(4) Article 270 - Kidnapping and Failure to must be
Return a Minor illegal;
(5) Article 271 - Inducing a Minor to (4) In the commission of the offense, any
Abandon His Home of the following circumstances is
(6) Article 272 – Slavery present:
(7) Article 273 - Exploitation of Child Labor (a) The kidnapping lasts for more than 3
(8) Article 274 - Services Rendered Under days;
Compulsion in Payment of Debt (b) it is committed simulating public
authority;
Chapter II: Crimes against Security
(c) Any serious physical injuries are inflicted
(1) Article 275 - Abandonment of Persons in upon the person kidnapped or detained or
Danger and Abandonment of Own threats to kill him are made; or
Victim
(d) The person kidnapped or detained is a
(2) Article 276 - Abandoning a Minor minor, female, or a public officer.
(3) Article 277 - Abandonment of Minor by
Person Entrusted With Custody;
Indifference of Parents Qualifying Circumstances: (r2kt) (1)
(4) Article 278 - Exploitation of Minors Purpose is to extort ransom.
(5) Article 280 - Qualified Trespass to (2) When the victim is killed or dies as a consequence of
Dwelling the detention.
(6) Article 281 - Other Forms of Trespass (3) When the victim is raped.
(7) Article 282 - Grave Threats (4) When victim is subjected to torture or dehumanizing
acts.
(8) Article 283 - Light Threats
(9) Article 284 - Bond for Good Behavior
The offenders here are private individuals or public officers
(10) Article 285 - Other Light Threats acting in their private capacity. If they are public officers,
(11) Article 286 - Grave Coercions they are covered by the crimes under Title 2.
(12) Article 287 - Light Coercions
(13) Article 288 - Other Similar When a public officer conspires with a private person in the
Coercions commission of any of the crimes under Title IX, the crime is
(14) Article 289 - Formation, also one committed under this title and not under Title II.
Maintenance, and Prohibition of
Combination of Capital or The purpose is immaterial when any of the circumstances in
Labor through Violence or Threats the first paragraph of Art. 267 is present.

Chapter III: Discovery and Revelation of Essential element: deprivation of liberty.

Secrets
(1) Article 290 - Discovering Secrets Definition of ransom: It is the money, price or
through Seizure of Correspondence consideration paid or demanded for redemption of a
(2) Article 291 - Revealing Secrets with captured person or persons, a payment that releases a
Abuse of Office person from captivity.
(3) Article 292 - Revelation of Industrial
Secrets When the kidnapping was done to extort ransom, it is not
necessary that one or any of circumstances enumerated be
present.
A. Chapter I: Crimes against
Liberty Actual demand for ransom not necessary, as long as it can
be proven that the kidnapping was done for the purpose of
0. extorting money.
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Essential: There be actual confinement or restriction of the
person of the offended party. It is not necessary that the The elements of kidnapping for ransom under Article 267 of
victim be placed in an enclosure, as long as he is deprived, the Revised Penal Code (RPC), as amended by Republic Act
in any manner, of his liberty. (R.A.) 7659 warranting the imposition of the death penalty,
are as follows:
(1) intent on the part of the accused to deprive the
When detention is illegal: It is not ordered by competent victim of his liberty;
authority nor permitted by law. (2) actual deprivation of the victim of his liberty; and
(3) motive of the accused, which is extorting ransom for
Special complex crime of Kidnapping with Murder: the release of the victim.
When the victim dies or is killed as a consequence of the
detention, which is covered by the last paragraph of Art. 267 Neither actual demand for nor payment of ransom is
as amended. necessary for the consummation of the felony. It is sufficient
that the deprivation of liberty was for extorting ransom even
Forcible abduction: If a woman is transported from one if none of the four circumstances mentioned in Article 267
place to another by virtue of restraining her of her liberty, were present
and that act is coupled with lewd designs. in its perpetration. [People v. Cenahonon (2007)]

Serious illegal detention: If a woman is transported just Article 267 has been modified by Republic Act
to restrain her of her liberty. There is no lewd design or lewd No. 7659 (AN ACT TO IMPOSE THE DEATH
intent. PENALTY ON CERTAIN HEINOUS CRIMES,
Grave coercion: If a woman is carried away just to break AMENDING FOR THAT PURPOSE THE REVISED
her will, to compel her to agree to the demand or request by PENAL LAWS, AS AMENDED, OTHER SPECIAL
the offender. PENAL LAWS, AND FOR OTHER
PURPOSES) in the following respects:
Illegal Detention Arbitrary Detention (1) Illegal detention becomes serious when
it shall have lasted for more than three
Committed by a Committed by public
days, instead of five days as originally
private individual who officer or employee
provided;
unlawfully deprives a who detains a person
(2) In paragraph 4, if the person kidnapped
person of his liberty without legal ground
or detained was a minor and the
Crime against personal Crime against the offender was anyone of the parents,
liberty fundamental laws of the latter has been expressly excluded
the State from the provision. The liability of the
parent is provided for in the last
Where the evident purpose of taking the victim was to kill paragraph of Article 271;
him, and from the acts of the accused it cannot be inferred (3) A paragraph was added to Article 267,
that the latter‘s purpose was to actually detain or deprive which states: When the victim is killed
the victim of his liberty, the subsequent killing of the victim or dies as a consequence of the
did not constitute the crime of kidnapping. The demand for detention or is raped, or is subjected to
ransom did not convert the crime into kidnapping, since no torture, or dehumanizing acts, the
deprivation of liberty was involved. [People v Padica (1993)] maximum penalty shall be imposed.
(4) The amendment introduced in our
The essence of kidnapping is the actual deprivation of the criminal statutes the concept of
victim‘s liberty coupled with the intent of the "special complex crime" of kidnapping
accused to effect it. [People v Luartes (1999)] with murder or homicide.
(5) It eliminated the distinction drawn by
The duration of the detention even if only for a few hours
the courts between those cases where
does not alter the nature of the crime
the killing of the kidnapped victim was
committed. [People v Pavillare (2000)]
purposely sought by the accused, and
those where the killing of the victim
Physical detention is not necessary. It is enough that the
was not deliberately resorted to but
victim is under the complete control of the perpetrators as in
this case when the Japanese victim had to rely on his was merely an afterthought.
abductors for survival after he was tricked into believing that
the police was after him. 2. Article 268 - Slight
It was also held in this case that keeping a person as
Illegal Detention
collateral for payment of an obligation is kidnapping.
[People v. Tomio] Elements: (PrIKO)
(1) Offender is a private individual;
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263
(2) He kidnaps or detains another, or in If the detention or arrest is for a legal ground, but the public
officer delays delivery of the person arrested to the proper
any other manner deprives him of his judicial authorities, then Article 125 will apply.
liberty.
(3) The act of kidnapping or detention is Note: This felony may also be committed by public officers.
illegal;
(4) The crime is committed without the Unlawful Arrest vs. Delay in the Delivery of
attendance of any of the circumstances Detained Persons
enumerated in Article 267. DELAY IN THE UNLAWFUL ARREST
DELIVERY OF DETAINED (Art. 269)
This felony is committed if any of the five circumstances in PERSONS (Art. 125)
the commission of kidnapping or detention enumerated in Detention is for some Detention is
Article 267 is not present. legal ground. not authorized
by law.
The penalty is lowered if:
Crime is committed by Committed by making
(1) The offended party is voluntarily released within
three days from the start of illegal detention; failing to deliver such an arrest not
(2) Without attaining the purpose; person to the proper authorized by law
(3) Before the institution of the criminal action. judicial authority
within a certain
The prevailing rule now is Asistio v. Judge, which provides period.
that voluntary release will only mitigate criminal liability if
crime was slight illegal detention.
If serious, it has no effect.
4. Article 270 - Kidnapping and Failure to
Return a Minor
The liability of one who furnishes the place where the (asked twice)
offended party is being held captive is that of a principal
and not of an accomplice. Elements: (EF)
(1) Offender is entrusted with the custody
of a minor person (whether over or
3. Article 269 - Unlawful Arrest under seven years but less than 18
years of age)
Elements: (ADU) (2) He deliberately fails to restore the said
(1) Offender arrests or detains another minor to his parents or guardians
person;
(2) The purpose of the offender is to deliver If any of the foregoing elements is absent, the kidnapping of
him to the proper authorities; the minor will then fall under Article 267.
(3) The arrest or detention is not authorized
by law or there is no reasonable ground The essential element which qualifies the crime of
therefor. (unauthorized) kidnapping a minor under Art. 270 is that the offender is
entrusted with the custody of the minor.
This felony consists in making an arrest or detention without
legal or reasonable ground for the purpose of delivering the If the accused is any of the parents, Article 267 does not
offended party to the proper authorities. apply; Articles 270 and 271 apply.

Generally, this crime is committed by incriminating innocent If the taking is with the consent of the parents, the crime in
persons by the offender‘s planting evidence to justify the Article 270 is committed.
arrest – a complex crime results, that is, unlawful arrest
through incriminatory machinations under Article 363.
The deliberate failure to return a minor under one‘s custody
If the arrest is made without a warrant and under constitutes deprivation of liberty. Kidnapping and failure to
circumstances not allowing a warrantless arrest, the crime return a minor is necessarily included in kidnapping and
would be unlawful arrest. serious illegal detention of a minor under Article 267(4).
[People v.
If the person arrested is not delivered to the authorities, the Generosa]
private individual making the arrest incurs criminal liability
for illegal detention under Article 267 or 268. Where a minor child was taken by the accused without the
knowledge and consent of his parents, the crime is
If the offender is a public officer, the crime is arbitrary kidnapping and serious illegal detention under Article 267,
detention under Article 124.
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264
not kidnapping and failure to return a minor under Article remuneration whatever and to remain there so long as she
270. [People v. has not paid her debt, there is slavery.
Mendoza]
See Special Law: RA 9208 (Anti-Trafficking of Person
Act of 2003)
5. Article 271 - Inducing a Minor to
Abandon His Home
(asked twice) 7. Article 273 - Exploitation of Child
Labor
Elements: (LI) (asked once)
(1) A minor (whether over or under seven
years of age) is living in the home of his Elements: (RARage)
parents or guardians or the person (1) Offender retains a minor in his
entrusted with his custody; services;
(2) Offender induces said minor to (2) It is against the will of the minor;
abandon such home. (3) It is under the pretext of reimbursing
himself of a debt incurred by an
Inducement must be (a) actual, and (b) committed ascendant, guardian or person
with criminal intent entrusted with the custody of such
minor.
The minor should not leave his home of his own free will.
The existence of indebtedness constitutes no legal
What constitutes the crime is the act of inducing a minor to justification for holding a person and depriving him of his
abandon his home of his guardian, and it is not necessary freedom to live where he wills.
that the minor actually abandons the home.

Father or mother may commit the crimes in Art. 170 and 171 8. Article 274 - Services Rendered Under
where they are living separately and the custody of the Compulsion in Payment of
minor children is given to one of them.
Debt
(asked once)
6. Article 272 - Slavery
(asked once) Elements: (CAP)
(1) Offender compels a debtor to work for
Elements: (PE) him, either as a household servant or
(1) Offender purchases, sells, kidnaps or farm laborer;
detains a human being; (2) It is against the debtor‘s will;
(2) The purpose of the offender is to enslave such human (3) The purpose is to require or enforce the
being. payment of a debt.

This is committed if anyone shall purchase, kidnap, or detain See Special Law: RA 9231 (Anti-Child Labor Act of
a human being for the purpose of enslaving him. 2003)

The penalty is increased if the purpose of the offender is to

assign the offended party to some immoral traffic. B. Chapter II: Crimes against
Security
If the purpose of the kidnapping or detention is to enslave
the offended party, slavery is committed.
0.
The crime is slavery if the offender is not engaged in the 1. Article 275 - Abandonment of
business of prostitution. If he is, the crime is white slave
trade under Article 341. Persons in Danger and
Abandonment of Own Victim
The employment or custody of a minor with the consent of (asked once)
the parent or guardian, although against the child‘s own will,
cannot be considered involuntary servitude.

But where is proven that the defendant was obliged to

render service in plaintiff‘s house as a servant without
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265
MODE 1: Failing to render assistance to persons, and not to crimes against security, particularly the
any person whom the offender crime of abandoning a minor under Art. 276.
finds in an uninhabited place,
wounded or in danger of dying
when he can render such 3. Article 277 - Abandonment of Minor by
assistance without detriment Person Entrusted With Custody;
to himself, unless such Indifference of Parents
omission shall constitute a
more serious offense.
MODE 1: Delivering a minor to a public
institution or other persons without the
Elements: (UWOF)
consent of the one who entrusted such
(1) The place is not inhabited; minor to the care of the offender or, in
(2) Accused found there a person wounded the absence of that one, without the
or in danger of dying; consent of the proper authorities;
(3) Accused can render assistance without Elements:
detriment to himself; (1) Offender has charge of the rearing or
(4) Accused fails to render assistance. education of a minor;
(2) He delivers said minor to a public
MODE 2: Failing to help or render institution or other persons;
assistance to another whom (3) The one who entrusted such child to the
the offender has accidentally offender has not consented to such act;
wounded or injured; (FA) or if the one who entrusted such child
to the offender is absent, the proper
MODE 3: By failing to deliver a child, authorities have not consented to it.
under seven years of age,
whom the offender has found MODE 2. Neglecting his (offender’s)
abandoned, to the authorities children by not giving them
or to his family, or by failing to the education which their
deliver him to a safe place. station in life requires and
(SAD) financial condition permits.

Does not apply: When a person intentionally wounds another Elements:

and leaves him in an uninhabited place. (1) Offender is a parent;
(2) He neglects his children by not giving
Immaterial: That the offender did not know that the child is them education;
under seven years. (3) His station in life requires such
education and his financial condition
2. Article 276 - Abandoning a Minor permits it.

ABANDONMENT OF ABANDONMENT OF
Elements: (SCAN)
MINOR BY PERSONS MINOR
(1) Offender has the custody of a child;
ENTRUSTED WITH (ART. 276)
(2) The child is under seven years of age;
CUSTODY
(3) He abandons such child;
(ART. 277)
(4) He has no intent to kill the child when
The custody of the The custody of the
the latter is abandoned.
offender is specific, offender is stated in
that is, the custody for general
Circumstances qualifying the offense:
the rearing or
(1) When the death of the minor resulted from such
education of the
abandonment; or
minor
(2) If the life of the minor was in danger because of the
abandonment. Minor is under 18 yrs. Minor is under 7 years
of age of age
The purpose in abandoning the minor under his custody is to Minor is delivered to a Minor is abandoned in
avoid the obligation of taking care of said minor. public institution or such a way as to
other person deprive him of the
Intent to kill cannot be presumed from the death of the child. care and protection
that his tender years
The ruling that the intent to kill is presumed from the death need
of the victim of the crime is applicable only to crimes against
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266
(2) The offender is engaged in a kind of business that
would place the life or limb of the minor in danger,
even though working for him is not against the will of
4. Article 278 - Exploitation of Minors the minor.

Mode 1. Causing any boy or girl under Nature of the Business: this involves circuses which
16 years of age to generally attract children so they themselves may enjoy
perform any working there unaware of the danger to their own lives and
dangerous feat of balancing, limbs.
physical strength or contortion,
the offender being any person; Age: Must be below 16 years. Article 278 has no application
if minor is 16 years old and above, but the exploitation will
Mode 2. Employing children under 16 be dealt with by RA 7610.
years of age who are not the
children or descendants of the If the employer is an ascendant, the crime is not committed,
offender in exhibitions of unless the minor is less than 12 years old.
acrobat, gymnast, rope-walker,
diver, or wild-animal tamer, If the minor so employed would suffer some injuries as a
the offender being
result of a violation of Article 278, Article 279 provides that
an acrobat, etc., or circus
there would be additional criminal liability for the resulting
manager or engaged in a
felony.
similar calling;

Mode 3. Employing any descendant 5. Article 280 - Qualified Trespass to

under 12 years of age in
Dwelling
dangerous exhibitions
(asked 5 times)
enumerated in the next
preceding paragraph, the
offender being Elements (PrEA)
engaged in any of the said (1) Offender is a private person;
callings; (2) He enters the dwelling of another;
(3) Such entrance is against the latter‘s
Mode 4. Delivering a child under 16 will.
years of age gratuitously to any
person following any of the DWELLING: This is the place that a person inhabits. It
callings enumerated in includes the dependencies which have interior
paragraph 2, or to any habitual communication with the house.
vagrant or beggar, the offender
being an ascendant,
It is not necessary that it be the permanent dwelling of the
guardian, teacher or person
person; hence, a person‘s room in a hotel may be considered
entrusted in any capacity with
a dwelling.
the care of such child;
It also includes a room where one resides as a boarder.
Mode 5. Inducing any child under 16
years of age to abandon the
If the purpose in entering the dwelling is not shown, trespass
home of its ascendants,
is committed.
guardians, curators or teachers
to follow any person engaged
If the purpose is shown, it may be absorbed in the crime as
in any of the callings
in robbery with force upon things, the trespass yielding to
mentioned in paragraph 2 or to
the more serious crime.
accompany any habitual
vagrant or beggar, the offender If the purpose is not shown and while inside the dwelling he
being any person. was found by the occupants, one whom he subsequently
injured if there was a struggle, the crime committed will be
Circumstance qualifying the offense: trespass to dwelling and frustrated homicide or physical
(1) If the delivery of the child to any person following injuries, or if there was no injury, unjust vexation.
any of the calling of acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus manager or to any If the entry is made by a way not intended for entry that is
habitual vagrant or beggar is made in consideration presumed to be against the will of the occupant (example,
of any price, compensation or promise, the penalty is entry through a window).
higher.
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267
Offender is a private The offender is any
It is not necessary that there be a breaking. person person
Offender enters a Offender enters closed
―Against the will‖: This means that the entrance is, either dwelling premises or fenced
expressly or impliedly, prohibited or the prohibition is estate
presumed.
Place entered is Place entered is
inhabited uninhabited
Fraudulent entrance may constitute trespass. The
prohibition to enter may be made at any time and not Act constituting the It is the entering the
necessarily at the time of the entrance. crime is entering the closed premises or the
dwelling against the fenced estate without
To prove that an entry is against the will of the occupant, it is will of the owner securing the
not necessary that the entry should be preceded by an permission of the
express prohibition, provided that the opposition of the owner or
occupant is clearly established by the circumstances under caretaker thereof
which the entry is made, such as the existence of enmity or Prohibition to enter is Prohibition to enter
strained relations between the accused and the occupant. express or implied must be manifest

Offender is public officer: crime is violation of domicile.

No overt act of the crime intended to be committed:

Crime is trespass to dwelling. 7. Article 282 - Grave Threats

Examples of trespass by means of violence: Mode 1. Threatening another with th

(1) Pushing the door violently and maltreating the e
occupants after entering. infliction upon his person, honor
(2) Cutting of a ribbon or string with which the door or property or that of this family
latch of a closed room was fastened. The cutting of of any wrong amounting to a
the fastenings of the door was an act of violence. crime and demanding money or
(3) Wounding by means of a bolo, the owner of the imposing any other condition,
house immediately after entrance even though not unlawful, and
the offender attained his
Examples of trespass by means of intimidation: purpose;
(1) Firing a revolver in the air by persons attempting to
force their way into a house. Elements:
(2) The flourishing of a bolo against inmates of the (1) That the offender threatens another
house upon gaining an entrance person with the infliction upon the
latter‘s person, honor or property, or
upon that of the latter‘s family, of any
6. Article 281 - Other Forms of Trespass wrong.
(2) That such wrong amounts to a crime.
Elements: (3) That there is a demand for money or
(1) Offender enters the closed premises or that any other condition is imposed,
the fenced estate of another; even though not unlawful.
(2) The entrance is made while either of (4) That the offender attains his purpose.
them is uninhabited;
(3) The prohibition to enter is manifest; Mode 2. Making such threat without the
(4) The trespasser has not secured the offender attaining his purpose;
permission of the owner or the
caretaker thereof. Mode 3. Threatening another
with the infliction upon his
person, honor or property or
Premises: signifies distinct and definite locality. It may mean that of his family of any wrong
a room, shop, building or definite area, but in either case, amounting to a crime, the threat
locality is fixed. not being subject to a condition.

Qualified Trespass vs. Other Forms of Trespass Elements:

QUALIFIED OTHER FORMS OF (1) That the offender threatens another
TRESPASS TO TRESPASS person with the infliction upon the
DWELLING (ART. 281) latter‘s person, honor or property, or
(ART. 280) upon that of the latter‘s family, of any
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268
wrong. without persisting in the idea
(2) That such wrong amounts to a crime. involved in his threat;
(3) That the threat is not subject to a Mode 3. Orally threatening to do
condition. another any harm not
constituting a felony.
Qualifying Circumstance: If threat was made
(1) in writing OR (2) through a Under the first type, the subsequent acts of the offender
middleman. must show that he did not persist in the idea involved in the
threat.
It is essential that there be intimidation.
Threats which are ordinarily grave threats, if made in the
It is not necessary that the offended party was present at the heat of anger, may be other light threats.
time the threats were made. It is sufficient that the threats
came to his knowledge. If the threats are directed to a person who is absent and
uttered in a temporary fit of anger, the offense is only other
When consummated: As soon as the threats came to the light threats.
knowledge of the offended party.

11. Article 286 - Grave Coercions

8. Article 283 - Light Threats (asked 8 times)

Elements: Mode 1. Preventing another, by means of

(1) Offender makes a threat to commit a violence, threats or
wrong; intimidation, from doing
(2) The wrong does not constitute a crime; something not prohibited by
(3) There is a demand for money or that law;
other condition is imposed, even
though not unlawful; Mode 2. Compelling another, by means
(4) Offender has attained his purpose or, of violence, threats or
intimidation, to do something
that he has not attained his purpose.
against his will, whether it be
right or wrong.
The harm threatened must not be in the nature of crime and
there is a demand for money or any other condition is Elements:
imposed, even though lawful.
(1) A person prevented another from doing
something not prohibited by law, or
Blackmailing may be punished under this article. that he compelled him to do something
against his will; be it right or wrong;
9. Article 284 - Bond for Good Behavior (2) The prevention or compulsion be
effected by violence, threats or
(asked 3 times)
intimidation; and
(3) The person that restrained the will and
When a person is required to give bail liberty of another had not the authority
bond: of law or the right to do so, or in other
(1) When he threatens another under the words,
circumstances mentioned in Art. 282.
that the restraint shall not be made under authority
(2) When he threatens another under the of law or in the exercise of any lawful right.
circumstances mentioned in Art. 283.
Purpose of the Law: To enforce the principle that no
10. Article 285 – Other Light person may take the law into his hands, and that our
government is one of law, not of men.
Threats
Arises only if the act which the offender prevented another
Mode 1. Threatening another with a to do is not prohibited by law or ordinance.
weapon, or by drawing such
weapon in a quarrel, unless it If a person prohibits another to do an act because the act is
be in lawful selfdefense; a crime, even though some sort of violence or intimidation is
employed, it would not give rise to grave coercion. It may
Orally threatening another, in only give rise to threat or physical injuries, if some injuries
the heat of anger, with some are inflicted.
Mode 2. harm constituting a crime,
 CRIMINAL LAW REVIEWER

269
In case of grave coercion where the offended party is being conduct which, although not productive of some physical or
compelled to do something against his will, whether it be material harm would, however, unjustifiably annoy or vex an
wrong or not, the crime of grave coercion is committed if innocent person.
violence or intimidation is employed in order to compel him
to do the act. Unjust Vexation is distinguished from grave coercion by the
absence of violence.
A public officer who shall prevent by means of violence or
threats the ceremonies or manifestations of any religion is
guilty of interruption of religious worship (Art. 132). 13. Article 288 - Other Similar
Coercions
Any person who, by force, prevents the meeting of a
legislative body is liable under Art. 143. Mode 1. Forcing or compelling, directly or
indirectly, or knowingly
Any person who shall use force or intimidation to prevent permitting the forcing or
any member of Congress from attending the meetings compelling of the laborer or
thereof, expressing his opinions, or casting his vote is liable employee of the offender to
under Art. 145. purchase merchandise
The crime is not grave coercion when the violence is of
employed to seize anything belonging to the debtor of the commodities of any kind from
offender. It is light coercion under Art. 287. him;

The owner of a thing has no right to prohibit the interference Elements:

of another with the same, if the interference is necessary to (1) Offender is any person, agent or officer
avert an imminent danger and the threatened damage, of any association or corporation;
compared to the damage arising to the owner from the (2) He or such firm or corporation has
interference, employed laborers or employees;
is much greater. (Art. 432, Civil Code) (3) He forces or compels, directly or
indirectly, or knowingly permits to be
Neither the crime of threats nor coercion is committed forced or compelled, any of his or its
although the accused, a branch manager of a bank made the laborers or employees to purchase
complainant sign a withdrawal slip for the amount needed to merchandise or commodities of any
pay the spurious dollar check she had encashed, and also kind from him or from said firm or
made her execute an affidavit regarding the return of the corporation.
amount against her better sense and judgment. The
complainant may have acted reluctantly and with Mode 2. Paying the wages due his
hesitation, but still, it was voluntary. [Lee v. CA] laborer or employee by means
of tokens or object other than
the legal tender currency of
12. Article 287 - Light Coercions the Philippines, unless
expressly requested by such
Elements: laborer or employee.
(1) Offender must be a creditor;
Elements:
(2) He seizes anything belonging to his
(1) Offender pays the wages due a laborer
debtor:
or employee employed by him by
(3) The seizure of the thing be means of tokens or object;
accomplished by means of violence or
(2) Those tokens or objects are other than
a display of material force producing
the legal tender currency of the
intimidation;
Philippines;
(4) The purpose of the offender is to apply
(3) Such employee or laborer does not
the
expressly request that he be paid by
same to the payment of the debt. means of tokens or objects.

Deals with light coercions wherein violence is employed by General rule: wages shall be paid in legal tender and the
the offender who is a creditor in seizing anything belonging use of tokens, promissory notes, vouchers, coupons or any
to his debtor for the purpose of applying the same to the other forms alleged to represent legal tender is absolutely
payment of the debt. prohibited even when expressly requested by the employee.
(Section 1, Rule VIII, Book III, Omnibus Rules Implementing
Unjust Vexation: Any act committed without violence, but the
which unjustifiably annoys or vexes an innocent person Labor Code)
amounts to light coercion. It should include any human
 CRIMINAL LAW REVIEWER

270
No employer shall limit or otherwise interfere with the and to the spouses with respect to the papers or letters of
freedom of any employee to dispose of his wages. He shall either of them.
not in any manner force, compel, oblige his employees to
purchase merchandise, commodities or other property from The teachers or other persons entrusted with the care and
the employer or education of minors are included in the exceptions.
from any other person. (Art. 112, Labor Code.)
Distinction from estafa, damage to property, and unjust
vexation:
14. Article 289 - Formation, Maintenance, (1) If the act had been executed with intent of gain, it
and Prohibition of Combination of would be estafa;
Capital or Labor through Violence or (2) If, on the other hand, the purpose was not to
Threats defraud, but only to cause damage to another‘s, it
would merit the qualification of damage to property;
(3) If the intention was merely to cause vexation
Elements:
preventing another to do something which the law
(1) Offender employs violence or threats, does not prohibit or compel him to execute what he
in such a degree as to compel or force does not want, the act should be considered as
the laborers or employers in the free unjust vexation.
and legal exercise of their industry or
work;
Relevant Special Penal Law: RA 4200 (ANTI WIRE
(2) The purpose is to organize, maintain or
TAPPING ACT)
prevent coalitions of capital or labor,
strike of laborers or lockout of
employers. 2. Article 291 - Revealing Secrets with
Abuse of Office
Repealed by the Labor Code.
Elements:
C. Chapter III: Discovery and (1) Offender is a manager, employee or
servant;
Revelation of Secrets
(2) He learns the secrets of his principal or
master in such capacity;
0. (3) He reveals such secrets.
1. Article 290 - Discovering Secrets
An employee, manager, or servant who came to know of the
through Seizure of Correspondence secret of his master or principal in such capacity and reveals
the same shall also be liable regardless of whether or not the
Elements: principal or master suffered damages.
(1) Offender is a private individual or even
a public officer not in the exercise of his Essence of this crime is that the offender learned of the
official function; secret in the course of his employment.
(2) He seizes the papers or letters of
another; He is enjoying a confidential relation with the employer or
(3) The purpose is to discover the secrets master so he should respect the privacy of matters personal
of such another person; to the latter.
(4) Offender is informed of the contents of
the papers or letters seized. If the matter pertains to the business of the employer or
master, damage is necessary and the agent, employee or
This is a crime against the security of one‘s papers and servant shall always be liable.
effects. The purpose must be to discover its effects. The act
violates the privacy of communication. Reason: no one has a right to the personal privacy of
another.
According to Dean Ortega, it is not necessary that the
offender should actually discover the contents of the letter.
Reyes, citing People v. Singh, CA, 40 OG, Suppl. 5, 35, 3. Article 292 - Revelation of
believes otherwise. Industrial Secrets

The last paragraph of Article 290 expressly makes the Elements:

provision of the first and second paragraph thereof (1) Offender is a person in charge,
inapplicable to parents, guardians, or persons entrusted with employee or workman of a
the custody of minors placed under their care or custody, manufacturing or industrial
 Chapter I: Robbery in General
(1) Article 293 - CRIMINAL LAW
Who Are Guilty REVIEWER
of Robbery
(2) Article 294 - With Violence or
Intimidation of Persons
(3) Article 295 - Robbery with Physical
Injuries, in an Uninhabited Place and by
a Band 271
establishment; (4) Article 296 (3) Article 329
- Definition of -aOther
BandMischiefs
and
(2) The manufacturing or industrial Penalty Incurred by 330
(4) Article the Members
- Damage and Obstruction
establishment has a secret of the Thereof to Means of Communication
industry which the offender has (5) Article 297 -(5)Attempted
Article 331and Frustrated or Damaging
- Destroying
learned; Robbery with Homicide
Statues, Public Monuments or Paintings
(3) Offender reveals such secrets; (6) Article 298 - Execution of Deeds
(4) Prejudice is caused to the owner. through Chapter 10:
Violence or Exemption from Criminal
Intimidation
Liability
(7) Article 299 - Robbery in an Inhabited
Secrets must relate to manufacturing processes. House or Public Building
(1) Article 332 - or Edifice from Criminal
Exemption
Devoted to WorshipLiability in Crimes Against Property
The act constituting the crime is revealing the secret of the (8) Article 300 - Robbery in an Uninhabited
industry which the offender has learned. Place and by a Band
(9) Article 302 - In an Uninhabited Place or
The revelation of the secret might be made after the Private Building
employee or workman had ceased to be connected with the (10) Article 303 - Robbery of Cereals,
establishment. Fruits or Firewood in an Inhabited Place
or Private Building
Prejudice is an element of the offense. (11) Article 304 - Possession of
Picklock or Similar Tools
See also: (12) Article 305 - Defines False Keys
(1) RA 4200: Anti-Wiretapping Act
(2) RA 9372: Human Security Act Chapter 2: Brigandage
(3) RA 9208: Anti-Trafficking in Persons Act (1) Article 306 - Who Are Brigands
(2) Article 307 - Aiding and Abetting a Band
of Brigands

Chapter 3: Theft
(1) Article 308 - Who Are Liable for Theft
(2) Article 309 – Penalties
(3) Article 310 - Qualified Theft
(4) Article 311 - Theft of the Property of the
National Library and National Museum

Chapter 4: Usurpation
(1) Article 312 - Occupation of Real
Property or Usurpation of Real Rights in
Property
(2) Article 313 - Altering Boundaries or
Landmarks

Chapter 5: Culpable Insolvency

(1) Article 314 - Fraudulent Insolvency

Chapter 6: Swindling
(1) Article 315 – Estafa
(2) Article 316 - Other Forms of Swindling
(3) Article 317 - Swindling of a Minor
(4) Article 318 - Other Deceits

Chapter 7: Chattel mortgage

(1) Article 319 - Removal, Sale, or Pledge of
Mortgaged Property

Chapter 8: Arson and other Crimes

involving
Destruction
Title X. Crimes against Property
Chapter 9: Malicious mischief
(1) Article 327 - Who Are Responsible
(2) Article 328 - Special Cases of Malicious
Mischief
 CRIMINAL LAW REVIEWER

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A. Chapter I: Robbery in General

0.
1. Article 293 - Who Are Guilty of Robbery
(asked 3 times)

Elements of Robbery in General: (PAUI,

V/I/F)
(1) Personal property
(2) Belonging to another
(3) There be Unlawful taking
(4) With Intent to gain
(5) Violence against or intimidation of any
person OR force upon anything

The property taken must be personal, if real property/right is usurped the crime is usurpation (Art. 312).

Prohibitive articles may be the subject of robbery, e.g., opium

From the moment the offender gains possession of the object, even without the chance to dispose of the same, the unlawful
taking is complete.

―Taking‖: depriving the offended party of possession of the thing taken with the character of permanency.

Intent to gain is presumed from the unlawful taking. It cannot be established by direct evidence, except in case of confession.

It is not necessary that violence or intimidation is present from the beginning. The violence or intimidation at any time before
asportation is complete, the taking of property is qualified to robbery.

VIOLENCE AGAINST USE OF FORCE

OR UPON THINGS
INTIMIDATION OF
PERSON
The taking is always The taking is robbery
robbery. only if force is used to:
VIOLENCE AGAINST USE OF FORCE (1) enter the building
OR UPON THINGS VALUE OF THE (2) break doors,
INTIMIDATION OF PROPERTY TAKEN IS wardrobes,
PERSON IMMATERIAL. chests, or any
building (Art. 299 other kind of
locked or sealed
& 302)
furniture or
The penalty depends If committed in an receptacle inside
on: inhabited house, the building; OR
(1) the result of public building, or
(3) force them open
the violence edifice devoted to
outside after
used religious worship, the
penalty is based on: taking the same
(homicide,
(1) the value of the from the
rape,
thing taken and The crime defined in this article is a special complex crime.
intentional
mutilation, (2) whether or not the
serious offenders carry ―On the occasion‖ and ―by reason‖ mean that homicide or serious physical
physical arms; injuries must be committed in the course or because of the robbery.
injuries,
less serious or
slight physical
injuries
resulted) and
(2) the existence
of intimidation
only
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The violence must be against the person, not upon the thing taken. It must be present before the taking of personal property is
complete.

―Homicide‖ is used in its generic sense, as to include parricide and murder. Hence, there is no robbery with murder. The crime is
still robbery with homicide even if, in the course of the robbery, the person killed was another robber or a bystander.

Even if the rape was committed in another place, it is still robbery with rape. When the taking of personal property of a woman is
an independent act
following defendant‘s failure to consummate the

2. Article 294 - With Violence or rape, there are two distinct crimes committed: attempted rape
Intimidation of Persons
and theft. Additional rape committed on the same occasion of
robbery will not
(asked 7 times) increase the penalty.

Acts punished under:

Absence of intent to gain will make the taking of personal property grave coercion
(1) When by reason or on occasion of the if there is violence used (Art. 286).
robbery, Homicide is committed.
(Robbery with Homicide)
(2) When the robbery is accompanied by
Rape or Intentional Mutilation or
Arson.
(Robbery with Rape, Robbery with
Intentional Mutilation, Robbery with Arson)
(3) When by reason or on occasion of such
robbery, any of the Physical Injuries
resulting in insanity, imbecility,
impotency, or blindness is inflicted.
(4) When by reason or on occasion of
robbery, any of the Physical Injuries
resulting in the loss of the use of
speech or the power to hear or to
smell, or the loss of an eye, a hand, a
foot, an arm or a leg or the loss of the
use of any such member, or incapacity
for the work in which the injured
person is theretofore habitually
engaged is inflicted.
(5) If the Violence or Intimidation
employed in the commission of the
robbery is carried to a degree clearly
Unnecessary for the commission of
the crime.
(6) When in the course of its execution, the Robbery with violence against or
offender shall have inflicted upon any intimidation or persons is qualified when
person not responsible for the it is committed:
commission of the robbery any of (1) In an Uninhabited place, or
the Physical Injuries in consequence
(2) By a Band, or
of which the person injured becomes
deformed or loses any other member (3) By Attacking a moving train, street car,
of his body or loses the use thereof or motor vehicle, or airship, or
becomes ill or incapacitated for the (4) By Entering the passengers‘
performance of the work in which he is compartments in a train, or in any
habitually engaged for labor for more manner taking the passengers thereof
than 30 days by surprise in the respective
(7) If the violence employed by the conveyances, or
offender does not cause any of the
serious physical injuries defined in
Art. 263, or if the offender employs
intimidation only.
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If both violence/intimidation of persons (294) and force upon things (299/302) co-exist, it will be considered as violation of Art
294 because it is more serious than in Art 299/302.

BUT when robbery is under Art 294 par 4 & 5 the penalty is lower than in Art 299 so the complex crime should be imputed for the
higher penalty to be imposed without sacrificing the principle that robbery w/ violence against persons is more severe than that
w/ force upon things. [Napolis v. CA
(1972)]

When the taking of the victim‘s gun was to prevent the victim from retaliating, then the crimes committed are theft and homicide
not robbery with
homicide. [People v. Millian (2000)]

3. Article 295 - Robbery with Physical Injuries, in an

Uninhabited Place and by a Band

(5) On a Street, road, highway, or alley, AND the Requisites for Liability for the acts of the other
intimidation is made with the use of firearms, the members:
offender shall be punished by the maximum periods (1) Member of the band.
of the proper penalties in Art. 294. (2) Present at the commission of the robbery.
(3) Other members committed an assault.
It cannot be offset by a generic mitigating circumstance. (4) He did not attempt to prevent assault.

The intimidation with the use of firearm qualifies only Conspiracy is presumed when robbery is by band.
robbery on a street, road, highway, or alley.
There is no crime as ―robbery with homicide in band‖.

4. Article 296 - Definition of a Band and Band is only ordinary aggravating circumstance in robbery
Penalty Incurred by the Members w/ homicide
Thereof
(asked once)
In order that special aggravating circumstance of unlicensed
Outline of Art. 296: firearm be appreciated, it is condition sine qua non that
When at least 4 armed malefactors take part in the offense charged be robbery by a band under Art 295.
commission of a robbery, it is deemed committed by a band.
Pursuant to Art 295, circumstance of a band is qualifying
only in robbery under par 3, 4 & 5 of Art 294.
When any of the arms used in the commission of robbery is
not licensed, penalty upon all the malefactors shall be the
maximum of the corresponding penalty provided by law, Hence, Art. 295 does not apply to robbery with homicide, or
without prejudice to the criminal liability for illegal robbery with rape, or robbery with serious physical injuries
possession of such firearms. under par. 1 of Art. 263.

Special aggravating circumstance of unlicensed firearm is

Any member of a band who was present at the commission
inapplicable to robbery w/ homicide, or robbery with rape, or
of a robbery by the band, shall be punished as principal of
robbery with physical injuries,
any of the assaults committed by the band, unless it be
committed by a band. [People v. Apduhan]
shown that he attempted to prevent the crime.
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5. Article 297 - Attempted and Frustrated or Edifice Devoted to Worship
Robbery with Homicide (asked thrice)
(asked 4 times)
Elements of robbery with force upon things under
―Homicide‖ includes multiple homicides, murder, parricide, SUBDIVISION (A):
or even infanticide. (1) Offender entered
(a) Inhabited House
The penalty is the same, whether robbery is attempted or (b) Public Building
frustrated. (c) Edifice devoted to Religious Worship
(2) Entrance was effected by any of the
Robbery with homicide and attempted or frustrated robbery following means:
with homicide are special complex crimes, not governed by
(a) Through an opening Not intended
Art. 48, but by the special provisions of Arts. 294 & 297, for entrance or egress;
respectively.
(b) By Breaking any wall, roof, or floor,
or door or window;
There is only one crime of attempted robbery with homicide
(c) By using False keys, picklocks or
even if slight physical injuries were inflicted on other
similar tools; or
persons on the occasion or by reason of the robbery.
(d) By using any Fictitious name or
pretending the exercise of public
6. Article 298 - Execution of Deeds authority.
through Violence or Intimidation (3) That once inside the building, the
offender Took personal property
(asked twice)
belonging to another with intent to gain.
Elements:
There must be evidence that accused entered the dwelling
(1) Offender has Intent to defraud another house or building by any of the means enumerated in
(2) Offender Compels him to sign, execute, subdivision (a). In entering the building, there must be the
or deliver any public instrument or intent to take personal property.
document
(3) Compulsion is by means of Violence or ―Inhabited house‖: any shelter, ship, or vessel
Intimidation. constituting the dwelling of one or more persons even
though the inhabitants thereof are temporarily absent when
If the violence resulted in the death of the person to be the robbery is committed.
defrauded, crime is robbery with homicide and shall be
penalized under Art 294 par. 1. ―Public building‖: every building owned by the
Government or belonging to a private person but used or
Art. 298 applies to private or commercial document, but it rented by the Government, although temporarily unoccupied
does not apply if document is void. by the same.

When the offended party is under obligation to sign, execute Any of the four means described in subdivision (a) must be
or deliver the document under the law, it is not robbery but resorted to enter a house or building, not to get out
coercion. otherwise it is only theft. The whole body of the culprit must
be inside the building to constitute entering.
BY FORCE UPON THINGS
Illustration: If the culprit had entered the house through an
Robbery by the use of force upon things is committed only open door, and the owner, not knowing that the culprit was
when either: inside, closed and locked the door from the outside and left,
(1) Offender entered a House or Building by any of the and the culprit, after taking personal property in the house,
means specified in Art. 299 or Art. 302, or went out through the window, it is only theft, not robbery.
(2) Even if there was no entrance by any of those
means, he broke a wardrobe, chest, or any other ―Breaking‖: means entering the building. The force used in
kind of locked or closed or sealed furniture or this means must be actual, as distinguished from that in the
receptacle in the house or building, or he took it other means which is only constructive force.
away to be broken or forced open outside.
―False keys‖: genuine keys stolen from the owner or any
keys other than those intended for use in the lock forcibly
7. Article 299 - Robbery in an Inhabited opened by the offender. The genuine key must be stolen, not
House or Public Building taken by force or with intimidation, from the owner.
 CRIMINAL LAW REVIEWER

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If false key is used to open wardrobe or locked (1) Contiguous to the building;
receptacle or drawer or inside door it is only theft (2) Interior entrance connected therewith;
(3) Form part of the whole.
Elements of robbery with force upon things under
SUBDIVISION (B) of Art. 299: Orchards and lands used for cultivation or production are not
(1) Offender is inside a dwelling house, included in the term ―dependencies‖ (Art. 301, par. 3).
public building, or edifice devoted to
religious worship, regardless of the 8. Article 300 – Robbery in an
circumstances under which he entered
it. Uninhabited Place and by a Band

(2) Offender takes personal property Robbery in an inhabited house, public building or edifice to
belonging to another, with intent to religious worship is qualified when committed by a band and
gain, under any of the following located in an uninhabited place.
circumstances.
(a) Breaking of doors, wardrobes, See discussion on Art. 296 for definition of ―band.‖
chests, or any other kind of locked
or sealed furniture or receptacle; or To qualify Robbery w/ To qualify Robbery w/
(b) Taking such furniture or objects force upon things (Art violence against or
away to be broken or forced open 299) intimidation
outside the place of the robbery. It must be committed It must be committed
in uninhabited place in an uninhabited
Entrance into the building by any of the means mentioned in AND by a band (Art place OR by a band
subdivision (a) is not required in 300) (Art. 295)
robbery under subdivision (b)

The term ―door‖ in par. 1, subdivision (b) of Art. 299, refers 9. Article 302 - In an Uninhabited Place
only to ―doors, lids or opening sheets‖ of furniture or other or Private Building
portable receptacles—not to inside doors of house or
building.
Elements:
(1) Offender entered an Uninhabited place
Breaking the keyhole of the door of a wardrobe, which is
or a building which was not a dwelling
locked, is breaking a locked furniture.
house, not a public building, or not an
edifice devoted to religious worship.
It is theft, if the locked or sealed receptacle is not forced
(2) That any of the following circumstances
open in the building where it is kept or taken from to be
was present:
broken outside.
(a) Entrance was effected through an
opening Not intended for entrance
The penalty depends on the value of property taken and on or egress;
whether or not offender carries arm. Arms carried must not
(b) A Wall, roof, floor, or outside door
be used to intimidate. Liability for carrying arms is extended
or window was broken
to all those who participated in the robbery, including those
(c) Entrance was effected through the
without arms.
use of False keys, picklocks or
other similar tools;
The provision punishes more severely the robbery in a house
(d) A Door, wardrobe, chest, or any
used as a dwelling than that committed in an uninhabited
sealed or closed furniture or
place, because of the possibility that the inhabitants in the
receptacle was broken; or
former might suffer bodily harm during the robbery.
(e) A Closed or sealed receptacle was
removed, even if the same be
Article 301 - What is an Uninhabited House, Public broken open elsewhere.
Building Dedicated to Religious Worship and Their
(3) With intent to gain, the offender took
Dependencies: Even if the occupant was absent during
therefrom personal property belonging
the robbery, the place is still inhabited if the place was
ordinarily inhabited and intended as a dwelling. to another.

―Dependencies‖: all interior courts, corrals, warehouses, ―Building‖: includes any kind of structure used for storage
granaries or inclosed places contiguous to the building or or safekeeping of personal property, such as (a) freight car
edifice, having an interior entrance connected therewith, ad (b) warehouse.
and which form part of the whole (Art. 301, par. 2).
Entrance through an opening not intended for entrance or
Requisites: egress is not necessary, if there is breaking of wardrobe,
 CRIMINAL LAW REVIEWER

277
chest, or sealed or closed furniture or receptacle, or removal (3) Offender does Not have lawful cause for
thereof to be broken open elsewhere. such possession.

Breaking padlock is use of force upon things.

12. Article 305 - Defines False
Use of fictitious name or pretending the exercise of public Keys
authorities is not covered under this article.
TO INCLUDE THE FOLLOWING:
A receptacle is a container, which must be ―closed‖ or
(1) Tools mentioned in Article 304;
―sealed‖.
(2) Genuine keys Stolen from the owner;
Penalty is based only on value of property taken. (3) Any key other than those intended by
the owner for Use in the lock forcibly
Robbery in a store opened by the offender.
Punishable under Punishable under
Art. 299 Art. 302
If the store is used as If the store was not B. Chapter 2: Brigandage (Articles
a dwelling, the actually occupied at 306-307)
robbery committed the time of the
therein would be robbery and was not
considered as used as a dwelling, 0.
committed in an since the owner lived
inhabited house in a separate house, 1. Article 306 - Who Are Brigands
(People v Suarez) the robbery
committed therein Elements of Brigandage:
If the store is located (People v Silvestre) (1) There be at least 4 armed
on the ground floor of persons
the house belonging (2) They Formed a band of robbers
to the owner, having (3) The Purpose is any of the
an interior entrance following:
connected therewith, (a) To commit Robbery in the highway;
it is a dependency of or
an inhabited house
(b) To Kidnap for the purpose of
and the robbery extortion or to obtain ransom; or
committed therein (US
(c) To Attain by means of force and
v Tapan).
violence any other purpose.

10. Article 303 - Robbery of Presumption of law as to brigandage: all are presumed
highway robbers or brigands, if any of them carries
Cereals, Fruits or Firewood in an unlicensed firearm.
Inhabited Place or Private Building
The arms carried may be any deadly weapon.
The penalty is one degree lower only when robbery is
committed by use of force upon things, without intimidation The main object of the law is to prevent the formation of
or violence against a person. band of robbers.

Cereals are seedlings which are the immediate product of The term ―highway‖ includes city streets.
the soil. The palay must be kept by the owner as ―seedling‖
or taken for that purpose by the robbers. The following must be proved:
(1) Organization of more than 3 armed persons forming
11. Article 304 - Possession of a band of robbers
(2) Purpose of the band is any of those enumerated in
Picklock or Similar Tools Art. 306.
(3) That they went upon the highway or roamed upon
Elements: the country for that purpose.
(1) Offender has in his possession Picklocks (4) That the accused is a member of such band.
or similar tools;
(2) Such picklock or similar tools are BRIGANDAGE ROBBERY IN
especially Adopted to the commission BAND
of robbery;
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278
Purpose (1) Commit Commit
robbery in a robbery,
highway
C. Chapter 3: Theft
and not
(2) Kidnap necessarily in a
to extort highway 0.
or get
ransom 1. Article 308 - Who Are Liable for Theft
(3) Any (asked 13 times)
other
purpose to Elements of Theft:
be achieved (1) Taking of personal property
by (2) That Belongs to another
means (3) With Intent to gain.
of force (4) Without the Consent of the owner.
or (5) Accomplished Without the use of
violence violence against or intimidation of
Proof Mere formation It is necessary to persons or force upon things.
of a band for any prove that the
of the above band actually Theft: committed by any person who, with intent to gain but
purposes is committed the without violence against or intimidation of persons nor force
sufficient. There robbery.
upon things, shall take personal property of another without
is no Conspiracy to the latter‘s consent.
requirement that commit robbery is
the brigands not punishable.
Persons liable for theft:
consummate the (1) Those who,
crime. (a) with intent to gain,
(b) without violence against or
intimidation of persons nor force
2. Article 307 - Aiding and Abetting a upon things,
Band of Brigands (c) take,
(d) personal property,
Elements: (e) of another,
(1) There is a Band of brigands (f) without the latter‘s consent.
(2) Offender Knows the band to be of
brigands (2) Those who,
(3) Offender Does any of the following acts: (a) having found lost property,
(a) He in any manner Aids, abets or (b) fail to deliver the same to the local
protects such band of brigands; or authorities or to its owner.
(b) He gives them Information of the
movements of the police or other (3) Those who,
peace officers; or (a) after having maliciously damaged
(4) He Acquires or receives the property the property of another,
taken (b) remove or make use of the fruits or
by such brigands. object of the damage caused by
them.
It is presumed that the person performing any of the acts
provided in this article has performed them knowingly, (4) Those who,
unless the contrary is proven. (a) enter an inclosed estate or field
where
Any person who aids or protects highway robbers or abets (b) trespass is forbidden or which
the commission of highway robbery or brigandage shall be belongs to another and, without the
considered as an accomplice. consent of its owner,
(c) hunt or fish upon the same or gather fruits,
See Special Law: PD 532 Anti-Piracy And AntiHighway cereals, or other forest or farm products.
Robbery
The theft is consummated & taking completed once the
It is necessary to prove that the intention and purpose of the culprit is able to place the thing taken under his control, and
accused was to commit robbery indiscriminately and such in such a situation that he could dispose of it at once.
robbery is committed on
any Philippine Highway. [People v. Pulusan (1998)]
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(1) Time of the seizure of the thing
In accordance with the definition in Art 308, there is no (2) It was a lost property belonging to another; and
frustrated theft. The offender has either complete control of (3) That the accused having had the opportunity to
the property (consummated) or without (attempted). Intent return or deliver the lost property to its owner or to
to gain is presumed from the unlawful taking of personal the local authorities, refrained from doing so.
property
belonging to another. [Valenzuela v. People (2007)] The law does not require knowledge of the owner of the
property.
If a person takes property of another, believing it to be his
own, presumption of intent to gain is rebutted. Hence, he is Elements of hunting, fishing or gathering fruits, etc.,
not guilty of theft. in enclosed estate:
(1) That there is an enclosed estate or a field, where
If one takes personal property openly and avowedly under trespass is forbidden or which belongs to another
claim of title made in good faith, he is not guilty of theft (2) Offender enters the same
even though claim of ownership is later found to be (3) Offender hunts or fishes upon the same or gathers
untenable. fruits, cereals or other forest or farm products in the
estate or field; and
If possession was only material or physical, the crime is (4) That the hunting or fishing or gathering of products
THEFT. If possession was juridical, crime is ESTAFA. is without the consent of the owner.

Selling share of a partner or co-owner is not theft.

2. Article 309 - Penalties
Actual or real gain is not necessary in theft.
The basis of the penalty in theft is
The consent contemplated in this article refers to consent (1) the value of the thing stolen, or
freely given, and not mere lack of opposition by owner of the (2) the value and nature of the property taken, or
property taken. (3) the circumstances that impelled the culprit to
commit the crime.
It is not robbery when violence is for a reason entirely
foreign to the fact of taking. If there is no evidence of the value of the property stolen,
the court should impose the minimum penalty corresponding
to theft involving the value of P5.00. The court may also take
Gulinao shot Dr. Chua and left. Then he went back & took Dr. judicial notice of its value in the proper cases.
Chua‘s diamond ring. The crime was Theft and not robbery.
Circumstances show that the taking was merely an 3. Article 310 - Qualified Theft
afterthought. Violence used in killing Dr. Chua had no
(asked 10 times)
bearing on the taking of the ring.
[People v. Gulinao, (1989)]
Theft is qualified if:
(1) Committed by a Domestic servant
Properties were taken after accused has already carried out (2) Committed with Grave abuse of
his primary criminal intent of killing the victim. Considering confidence
that the victim was already heavily wounded when his (3) The property stolen is
properties were taken, there was no need to employ (a) motor vehicle,
violence against or intimidation against his person. Hence, (b) mail matter, or
accused can only be held guilty of the separate offense of (c) large cattle
theft.
[People vs Basao (1999)] The property stolen consists of coconuts
taken from the premises of a:
(1) plantation
One in possession of part of recently stolen property is (2) The property stolen is fish taken from a
presumed to be thief of all. fishpond or fishery
(3) The property is taken on the occasion of
―Lost property‖: embraces loss by stealing or by act of fire, earthquake, typhoon, volcanic
he owner or by a person other than the owner, or through
eruption, or any other calamity,
some casual occurrence.
vehicular accident or civil disturbance.
It is necessary to prove the following in order to
The penalty for qualified theft is 2 degrees higher.
establish theft by failure to deliver or return lost
property:
Theft by domestic servant is always qualified.
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There‘s no need to prove grave abuse of discretion.

The abuse of confidence must be grave. There must be Considering that the gravamen of the crime is the taking or
allegation in the information and proof of a relation, by killing of large cattle or taking its meat or hide without the
reason of dependence, guardianship or vigilance, between consent of the owner or raiser, conviction for the same need
the accused and the offended party that has created a high only be supported by the fact of taking without the cattle
degree of confidence between them, which the accused owner‘s consent. There is a disputable presumption that a
abused. person found in possession of a thing taken in the doing of a
recent wrongful act is the taker and the doer of the whole
Theft of any material, spare part, product or article by act. [Ernesto Pil-ey vs. People
employees and laborers is heavily punished under PD 133. (2007)]

―Motor vehicle‖: all vehicles propelled by power, other

than muscular power. Theft of motor vehicle may now fall PD 704: ILLEGAL FISHING
under the anti-carnapping law. Prima facie presumption of illegal fishing when:
(1) Explosive, obnoxious or poisonous substance or
When the purpose of taking the car is to destroy by burning equipment or device for electric fishing are found in
it, the crime is arson. the fishing boat or in the possession of fisherman; or
(2) When fish caught with the use of explosives,
If a private individual took a letter containing postal obnoxious or poisonous substances or by electricity
money order it is qualified theft. If it was the postmaster, are found in a
to whom the letter was delivered, the crime would be fishing boat
infidelity in the custody of documents.
PD 1612: Anti-Fencing Law Fencing:
Regarding the theft of coconuts and fish, what matters is not (1) the act of any person who,
the execution, but the location where it is taken. It should be (2) with intent to gain for himself or for another,
in the plantation or in the fishpond. (3) shall buy, receive, keep, acquire, conceal, sell, or
dispose of, or shall buy and sell or in any other
RA 6539: ANTI-CARNAPPING law Carnapping: taking, with manner deal in
intent to gain, of motor vehicle belonging to another without (4) any article, item, object, or anything of value
the latter‘s consent or by means of violence against or (5) which he knows, or should be known to him,
intimidation of persons, or by force upon things (Izon v. (6) to have been derived from the proceeds of the crime
People, 1981) of robbery or theft.

Motor Vehicle: any vehicle which is motorized using the Elements:

streets which are public, not exclusively for private use (1) Robbery or theft has been committed.
(Boado, Comprehensive Reviewer in (2) The accused, who is not a principal or accomplice in
Criminal Law) the crime of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells or
disposes, or buys and sells, or in any manner deals
PD 533 ANTI-CATTLE RUSTLING LAW in any article, item, object, or anything of value,
Cattle rustling: taking away by means, methods or which has been derived from the proceeds of the
schemes, without the consent of the owner/raiser, of any said crime.
large cattle whether or not for profit, or whether committed (3) The accused knows or should have known that the
with or without violence against or intimidation of person or said article, item, object or anything of value has
force upon things. It includes killing of large cattle, taking its been derived from the proceeds of the crime of
meat or hide without the consent of owner/raiser. robbery or theft.
(4) There is, on the part of the accused, intent to gain
Large cattle: include cow, carabao, horse, mule, ass, other for himself or another.
domesticated member of bovine family. A goat is not
included because it is not large (Boado, Mere possession of any good, article, item, object, or
Comprehensive Reviewer in Criminal Law) anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of
Presumption: Every person in possession of large cattle shall fencing. [People v. Dizon-Pamintuan]
upon demand by competent authorities exhibit required
documents. Failure to do so is prima facie evidence that Robbery/theft and fencing are separate and distinct offenses.
large cattle in possession are
fruits of crime of cattle rustling
4. Article 311 - Theft of the Property of
Killing of owner is absorbed in cattle rustling (Boado, the National Library and National
Comprehensive Reviewer in Criminal Law) Museum
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RA 947 punishes entering or occupying public agricultural
Theft of property of the National Museum and National land including lands granted to private individuals.
Library has a fixed penalty regardless of its value. But if it
was with grave abuse of confidence, the penalty for qualified 2. Article 313 - Altering Boundaries or
theft shall be imposed.
Landmarks

D. Chapter 4: Usurpation Elements:

(1) That there be boundary marks or
0. monuments of towns, provinces, or
estates, or any other marks intended to
1. Article 312 - Occupation of Real designate the boundaries of the same.
Property or Usurpation of Real (2) That the offender alters said boundary
Rights in Property marks.
(asked twice)
Provision does not require intent to gain.
Acts punishable under Art. 312:
The word ―alter‖ may include:
(1) Taking possession of any real property
(1) destruction of stone monument
belonging to another by means of
violence against or intimidation of (2) taking it to another place
persons (3) removing a fence
(2) Usurping any real rights in property
belonging to another by means of E. Chapter 5: Culpable Insolvency
violence against or intimidation of
persons.
0.
Elements:
1. Article 314 - Fraudulent
(1) Offender takes possession of any real
property OR usurps any real rights in Insolvency
property
(2) Real property or real rights belong to Elements:
another (1) That the offender is a debtor; that is, he
(3) Violence against or intimidation of has obligations due and payable
persons is used by the offender in (2) That he absconds with his property
occupying real property or usurping (3) That there be prejudice to his creditors
real rights in property.
(4) There is intent to gain. Actual prejudice, not intention alone, is required. Even if the
debtor disposes of his property, unless it is shown that it has
If no violence or intimidation only civil liability exists. actually prejudiced his creditor, conviction will not lie.
Violence or intimidation must be the means used in
occupying real property or in usurping real rights. Fraudulent concealment of property is not sufficient if the
debtor has some property with which to satisfy his
Art. 312 does not apply when the violence or intimidation obligation.
took place subsequent to the entry into the property.
―Abscond‖: does not require that the debtor should depart
Art. 312 does not apply to a case of open defiance of the and physically conceal his property. Real property could be
writ of execution issued in the forcible entry case. the subject matter of Art. 314.

Criminal action for usurpation of real property is not a bar to The person prejudiced must be creditor of the offender.
civil action for forcible entry.
Art 314 Insolvency law
Usurpation Theft or No need for insolvency
Crime should be
Robbery proceedings. committed after the
Act Occupation or Taking or institution of
Usurpation asportation No need to be insolvency
What is Real property or Personal adjudged bankrupt or proceedings
Taken Real Right property insolvent.
Intent To Gain To Gain
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Estafa may arise even if thing delivered is not subject of
lawful commerce, such as opium.
F. Chapter 6: Swindling and Other
Deceits Par.1(b): Misappropriation and Conversion

0. Elements:
(1) That Money, goods, or other personal
1. Article 315 - Estafa property be received by the offender in
(asked 28 times) trust, or in commission, or for
administration, or under any other
Elements of Estafa in General: obligation involving the duty to make
(1) That the accused defrauded another delivery of, or to return, the same;
(2) There be Misappropriation or conversion
(a) by abuse of confidence; or
of such money or property by the
(b) by means of deceit; and offender, or denial on his part of such
(2) That damage or prejudice capable of receipt;
pecuniary estimation is caused to the (3) That such misappropriation or conversion
offended party or third person. or denial is to the Prejudice of another;
(3) Through— and
(a) With unfaithfulness or abuse (4) That there is a demand made by the
of offended party to the offender
confidence (315 par. 1(a) (b) (c))
(b) Estafa by means of fraudulent acts The 4th element is not necessary when there is evidence of
(315 Par. 2(A) (B) (C)(D) (E) ; BP22): misappropriation of goods by the defendant.
(c) Through other fraudulent means (315
par 3(a) (b) (c) ) Check is included in the word ―money‖.

a. With Unfaithfulness or Abuse of Money, goods or other personal property must be received
by the offender under certain kinds of transaction
Confidence (315 par. 1(a) (b) (c))
transferring juridical possession to him.

Par 1(a): Altering substance, quantity or quality The offender acquires both physical possession and juridical
of object subject of obligation to possession when the thing received by the offender from the
deliver
offended party
(1) in trust, or
Elements:
(2) on commission, or
(1) Offender has an Onerous obligation to (3) for administration,
deliver something of value.
(2) That he Alters its substance, quantity, ―Juridical possession‖: means a possession which gives
or quality
the transferee a right over the thing which he may invoke
(3) That Damage or prejudice is caused to even as against the owner.
another
When the delivery of a chattel does not transfer juridical
Deceit is NOT an essential element of estafa with abuse of possession/title, it is presumed that the possession/title of
confidence. the thing remain w/ owner.

Damage or prejudice must be capable of estimation, Failure to turn over to the bank the proceeds of sale of goods
because it is the basis of the penalty. covered by trust receipts is estafa.

Delivery of anything of value must be ―by virtue of an The phrase ―or under any obligation involving the duty to
onerous obligation to do so‖. make delivery of, or to return the same‖, includes quasi-
contracts and certain contracts of bailment. The obligation
When the fraud committed consists in the adulteration or to return the thing must be contractual but without
mixing of some extraneous substance in an article of food so transferring to accused ownership of the thing.
as to lower its quantity, it may be a violation of the Pure
Food Law. When ownership is transferred to recipient, his failure to
return it results in civil liability only.
It‘s not estafa if the thing delivered is not acceptable to the
complainant when there is no agreement as to its quality. Applicable Civil Code provisions:
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(1) Art. 1477. The ownership of the thing sold shall be
transferred to the vendee upon actual or Right of agent to deduct commission from amounts
constructive delivery thereof. (1) If agent is authorized to retain his commission out
(2) Art. 1482. Whenever earnest money is given in a of the amounts he collected, there is no estafa.
contract of sale, it shall be considered as part of the (2) Otherwise he is guilty of estafa, because his right to
price and as proof of the perfection of the contract. commission does not make the
agent a co-owner of money
In estafa with abuse of confidence under par. (b), subdivision
1 of Art. 315, the thing received must be returned if there is 3rd element of estafa with abuse of confidence is that the
an obligation to return it. conversion, or denial by offender resulted in the prejudice of
the offended party.
If no obligation to return there is only civil liability.
―To the prejudice of another‖: not necessarily of the owner
No estafa when: of the property.
(1) Transaction sale fails. There is no estafa if the
accused refused to return the advance payment. General rule: Partners are not liable for estafa of money or
(2) The money or personal property received by accused property received for the partnership when the business
is not to be used for a particular purpose or to be commenced and profits accrued. Failure of partner to
returned. account for partnership funds may give rise to civil
(3) Thing received under a contract of sale on credit obligation only, not estafa.

Payment by students to the school for the value of materials Exception: when a partner misappropriates the share of
broken is not mere deposit. another partner in the profits, the act constitutes estafa.

Novation of contract of agency to one of sale, or to one of A co-owner is not liable for estafa, but he is liable if, after the
loan, relieves defendant from incipient criminal liability termination of the co-ownership, he misappropriates the
under the first contract. thing which has become the exclusive property of the other.

Estafa with abuse of Theft

He exerted all efforts to retrieve dump truck, albeit belatedly confidence
and to no avail. His ineptitude should not be confused with With juridical Only with physical /
criminal intent. Criminal intent is required for the conviction possession of thing material possession of
of Estafa. Earnest effort to comply with obligation is a misappropriated thing misappropriated
defense against
estafa. [Manahan vs CA (1996)] Offender receives the Offender takes the
thing from the victim thing
3 Ways Of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B): But when the money or property had been received by a
(1) Misappropriating the thing received. partner for specific purpose and he misappropriated it, there
(2) Converting the thing received. is estafa.
(3) Denying that the thing was received.
Under the 4th element of estafa with abuse of confidence
―Misappropriating‖: means to own, to take something for demand may be required.
one's own benefit.
In estafa by means of deceit, demand is not needed,
―Converting‖: Using or disposing of another‘s property as because the offender obtains the thing wrongfully from the
if it were one‘s own. start. In estafa with abuse of confidence, the offender
receives the thing under a lawful transaction.
―Conversion‖: presupposes that the thing has been
devoted to a purpose or use different from that agreed upon. Demand is not required by law, but it may be necessary,
because failure to account upon demand is circumstantial
evidence of misappropriation. Presumption arises only when
The fact that an agent sold the thing received on
the explanation of the accused is absolutely devoid of merit.
commission for a lower price than the one fixed, does not
constitute estafa (US v Torres).
The mere failure to return the thing received for safekeeping
or under any other obligation w/ the duty to return the same
The law does not distinguish between temporary and
or deliver the value thereof to the owner could only give rise
permanent misappropriations.
to a civil action and does not constitute the crime of estafa.
No estafa under Art. 315 par (b) when there is neither
There is no estafa through negligence.
misappropriation nor conversion.
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The gravity of the crime of estafa is based on the amount (1) Paper with the signature of the
not returned before the institution of the criminal action. offended party be in Blank.
(2) Offended party should have Delivered it
Test to distinguish theft from estafa: In theft, upon the to the offender.
delivery of the thing to the offender, the owner expects a (3) That above the signature of the
return of the thing to him. offended party a Document is written
by the offender without authority to do
General rule: When the owner does not expect the so.
immediate return of the thing he delivered to the accused, (4) That the document so written Creates a
the misappropriation of the same is estafa. liability of, or causes damage to, the
offended party or any third person.
Exception: When the offender received the thing from the
offended party, with the obligation to deliver it to a third
person and, instead of doing so, misappropriated it to the
b. Estafa by Means of False Pretenses
prejudice of the owner, the crime committed is qualified or Fraudulent Acts (315 par. 2(a) (b)
theft. (c) (d) (e); BP22):

Sale of thing received to be pledged for owner is theft, when Elements of estafa by means of deceit:
the intent to appropriate existed at the time it was received. (1) There must be a False pretense,
fraudulent act or fraudulent means.
Estafa with abuse Malversation (2) That such false pretense, fraudulent act
of confidence or fraudulent means must be made or
Entrusted with funds or property executed Prior to or Simultaneously
with the commission of the fraud.
Both are continuing offenses
(3) Offended party must have Relied on the
Funds or property are Funds or property false pretense, fraudulent act, or
always private usually public fraudulent means, that is, he was
Offender is a private Offender is a public induced to part with his money or
individual or public officer accountable property because of the false pretense,
officer not for public funds or fraudulent act, or fraudulent means.
accountable for property (4) As a result thereof, the offended party
public funds or Suffered damage.
property
Committed by Committed by The acts must be fraudulent. Acts must be founded on,
misappropriating, misappropriating, or deceit, trick, or cheat, and such must be made prior to or
converting or denying thru abandonment or simultaneously with the commission of the fraud.
having received negligence, letting
money, other other person to take In false pretenses the deceit consists in the use of deceitful
the words, in fraudulent acts the deceit consists principally in
personal property
public funds or deceitful acts. The fraudulent acts must be performed prior
property to or simultaneously with the commission of the fraud.
There is no There can be
estafa through malversation through The offender must be able to obtain something from the
negligence. abandonment or offended party because of the fraudulent acts.
negligence.

When in prosecution for malversation the public officer is Knowledge of criminal intent of the principal is essential to
acquitted, the private individual in conspiracy w/ him may be convicted as an accomplice in Estafa through falsification
be held liable for estafa, depending on the nature of the of commercial document. There must be knowing assistance
funds. in the execution of the
offense. [Abejuela vs People (1991)]
Misappropriation of firearms received by a police
(1) ESTAFA: if it is not involved in the commission of a
crime In the case where a tenant-landowner relationship exists
(2) MALVERSATION: if it is involved in the commission of between the parties, the jurisdiction for the prosecution of
a crime. the crime Estafa is not divested from the RTC; though the
matter before us apparently presents an agrarian dispute,
the RTC cannot shirk from its duty to adjudicate on the
Par.1(c): Taking advantage of signature in blank
merits a criminal case initially filed before it, based on the
law and evidence presented, in order to determine whether
Elements:
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an accused is guilty beyond reasonable doubt of the crime For estafa under Art. 315 par. 2(a), it is indispensable that
charged. the false statement or fraudulent representation of the
accused,
In a tenant-landowner relationship, it was incumbent upon (1) be made prior to, or, at least simultaneously with,
the tenant to hold in trust and, eventually, account for the (2) the delivery of the thing by
share in the harvest appertaining to the landowner, failing the complainant.
which the tenant could be held liable for misappropriation. It is essential that such false statement or fraudulent
representation constitutes the cause or only motive which
As correctly pointed out by the respondents, share tenancy induced the complainant to part with the thing. If there be
has been outlawed for being contrary to public policy as no such prior or simultaneous false statement or fraudulent
early as 1963, with the passage of R.A. 3844. What prevails representation, any subsequent act of the accused, however
today, under R.A. 6657, is agricultural leasehold tenancy fraudulent and suspicious it may appear, cannot serve as a
relationship, and all instances of share tenancy have been basis for prosecution for the class of estafa.
automatically converted into leasehold tenancy. In such a
relationship, the tenant‘s obligation is simply to pay rentals, A creditor who deceived his debtor is liable for estafa.
not to deliver the landowner‘s share.
In estafa by means of deceit under Art. 315 2(a), there must
Given this dispensation, the petitioner‘s allegation that the be evidence that the pretense of the accused is false.
respondents misappropriated the landowner‘s share of the Without such proof, criminal intent to deceive cannot be
harvest – as contained in the information – is untenable. inferred. Fraud must be proved with clear and positive
Accordingly, the respondents cannot be held liable under evidence.
Article 315, paragraph 4, No. 1(b) of the Revised Penal Code.
[People v. Vanzuela (2008)] Where commission salesman took back the machines from
prospective customers and misappropriated them, it is theft,
not estafa.
It is well established in jurisprudence that a person may be
convicted of both illegal recruitment and estafa. The reason, Estafa through false pretenses made in writing is only a
therefore, is not hard to discern: illegal recruitment is simple crime of estafa, not a complex crime of estafa
malum prohibitum, while estafa is malum in se. through falsification.

In the first, the criminal intent of the accused is not Manipulation of scale is punished under the Revised
necessary for conviction. In the second, such intent is Administrative Code
imperative. Petitioner‘s claim that she did not represent
herself as a licensed recruiter, but that she merely tried to Par 2(b): by altering the quality, fineness or weight of
help the complainants secure a tourist visa could not make anything pertaining to art or business
her less guilty of illegal recruitment, it being enough that Par. 2(c): by pretending to have bribed any government
she gave the impression of having had the authority to employee
recruit workers for deployment abroad; consequently she is
also held liable for the violation of Estafa under Person would ask money from another for the alleged
Article 315(2)(a). [Lapasaran v. People (2009)] purpose of bribing a government employee but just
pocketed the money.
Par 2(a): Using fictitious name or false
pretenses at Par 2(d): By postdating a check or issuing a
power, influence… or other similar bouncing check
deceits
Elements:
Ways of committing the offense: (1) Offender Postdated a check, or issued a
(1) By using fictitious name; check in payment of an obligation;
(2) By falsely pretending to possess: (2) Such postdating or issuing a check was
(a) power, done when the offender had No funds
(b) influence, in the bank, or his funds deposited
(c) qualifications, therein were not sufficient to cover the
(d) property, amount of the check.
(e) credit,
(f) agency, The check must be genuine, and not falsified.
(g) business or imaginary transactions;
(3) By means of other similar deceits. The check must be postdated or for an obligation contracted
at the time of the issuance and delivery of the check and
not for pre-existing obligation.
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Exception: c. Through Other Fraudulent
(1) When postdated checks are issued and intended by Means (315 Par 3 (a) (b) (c))
the parties only as promissory notes
(2) When the check is issued by a guarantor
Par 3 (a): By inducing another, through deceit,
to sign any document
The accused must be able to obtain something from the
offended party by means of the check he issues and
Elements:
delivers.
(1) Offender Induced the offended party to
sign a document.
The mere fact that the drawer had insufficient or no funds in
the bank to cover the check at the time he postdated or (2) That deceit be Employed to make him
issued a check, is sufficient to make him liable for estafa. sign the document.
(3) Offended party Personally signed the
RA 488520 deleted the phrase ―the offender knowing at the document.
time he had no funds in the bank‖: (4) That Prejudice be caused.
(1) the failure of the drawer to deposit the amount
needed to cover his check Offender must induce the offended party to sign the
(2) within 3 days from receipt of notice of dishonor of document. If offended party is willing from the start
check for lack or insufficiency of funds
21
AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY
INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY
MEANS OF BOUNCING CHECKS
20
AN ACT TO AMEND SECTION TWO, PARAGRAPH (d), ARTICLE Section 1. Any person who shall defraud another by means of false
THREE HUNDRED FIFTEEN OF ACT NUMBERED THIRTY-EIGHT pretenses or fraudulent acts as defined in paragraph 2(d) of Article
HUNDRED AND FIFTEEN, AS AMENDED, OTHERWISE KNOWN 315 of the Revised Penal Code, as amended by Republic Act No.
AS THE REVISED PENAL CODE. (re: issuance of checks.) 4885, shall be punished by:
Section 1. Section Two, Paragraph (d), Article Three hundred fifteen 1st. The penalty of reclusion temporal if the amount of the fraud is
of Act Numbered Thirty-eight hundred and fifteen is hereby over 12,000 pesos but not exceed 22,000 pesos, and if such amount
amended to read as follows: exceeds the latter sum, the penalty provided in this paragraph shall
"Sec. 2. By means of any of the following false pretenses or be imposed in its maximum period, adding one year for each
fraudulent acts executed prior to or simultaneously with the additional 10,000 pesos but the total penalty which may be imposed
commission of the fraud: shall in no case exceed thirty years. In such cases, and in connection
"(d) By postdating a check, or issuing a check in payment of an with the accessory penalties which may be imposed under the
obligation when the offender had no funds in the bank, or his funds Revised Penal Code, the penalty shall be termed reclusion perpetua;
deposited therein were not sufficient to cover the amount of the 2nd. The penalty of prision mayor in its maximum period, if the
check. The failure of the drawer of the check to deposit the amount amount of the fraud is over 6,000 pesos but does not exceed 12,000
necessary to cover his check within three (3) days from receipt of pesos;
notice from the bank and/or the payee or holder that said check has 3rd. The penalty of prision mayor in its medium period, if such
been dishonored for lack or insufficiency of funds shall be prima amount is over 200 pesos but does not exceed 6,000 pesos; and,
facie evidence of deceit constituting false pretense or fraudulent 4th. By prision mayor in its maximum period, if such amount does
act." not exceed 200 pesos. Section 2. This decree shall take effect
Section 2. This Act shall take effect upon its approval. immediately.
Approved: June 17, 1967
(3) shall be prima facie evidence of deceit constituting to sign the document, because the contents are different
false pretense or fraudulent act. from those which the offended told the accused to state in
the document, the crime is falsification.
Good faith is a defense in a charge of estafa by postdating or
issuing a check. One who got hold of a check issued by There can be no conviction for estafa in the absence of proof
another, knowing that the drawer had no sufficient funds in that defendant made statements tending to mislead
the bank, and used the same in the purchase of goods, is complainant.
guilty of estafa.
[People v. Isleta] Par.3 (b): By resorting to some fraudulent
practice to ensure success in a
PD 81821 applies only to estafa under par 2(d) of Art. 315, gambling game
and does not apply to other forms of estafa. [People v
Villaraza, 81 SCRA 95] Hence, the penalty prescribed in PD
818, not the penalty provided for in Art. 315, should be Par.3 (c): By removing, concealing or
imposed when the estafa committed is covered by par 2(d) destroying
of Art. 315. any court record, office files,
document or any other papers
Estafa by issuing a bad check is a continuing crime.
Elements:
See Special Law: BP 22 (Anti-Bouncing Checks Law) (1) That there be court Record, office files,
documents or any other papers.
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(2) That the offender Removed, concealed (2) Offender who is not the owner of said
or destroyed any of them. property should Represent that he is
(3) That the offender had Intent to defraud the owner thereof.
another. (3) Offender should have Executed an act
of ownership (selling, encumbering or
If there is no malicious intent to defraud, the destruction of mortgaging the real property).
court record is malicious mischief. (4) Act be made to Prejudice of the owner
or a third person.
Elements of deceit and abuse of confidence may coexist.
The thing disposed of must be real property. If it‘s chattel,
If there is neither deceit nor abuse of confidence, it‘s not crime is Estafa.
estafa, even if there is damage. There is only civil liability.
There must be existing real property.
Deceit through Infidelity in Custody Even if the deceit is practiced against the second purchaser
Fraudulent Means of Documents but damage is incurred by the first purchaser, there is
violation of par.1 of Art. 316.
Offender is a private Offender is a public
person OR a public person entrusted with
Since the penalty is based on the ―value of the damage‖
person not entrusted the documents
there must be actual damage caused.
w/ documents
There is intent to Intent to defraud is not
Par. 2. By disposing of real property as free
defraud required from encumbrance, although such
encumbrance be not recorded
Double jeopardy does not apply because RPC is a distinct
crime from BP 22. Deceit and damage are essential Elements:
elements of RPC, which are not required in (1) That the thing disposed of be Real
BP 22. [Nierras vs Dacuycuy (1990)] property.
(2) Offender Knew that the real property
The element of damage or prejudice capable of was encumbered, whether the
pecuniary estimation may consist in: encumbrance is recorded or not.
(1) The offended party being deprived of his money or (3) There must be Express representation
property, as result of the fraud; by the offender that the real property is
(2) Disturbance in property right; or free from encumbrance.
(3) Temporary prejudice (4) Act of disposing of the real property be
made to the Damage of another.
Payment subsequent to the commission of estafa does not
extinguish criminal liability or reduce the penalty.
Act constituting the offense is disposing of the real property
representing that it is free from encumbrance.
The crime of estafa is not obliterated by acceptance of
promissory note.
―Dispose‖: includes encumbering or mortgaging.
A private person who procures a loan by means of deceit
―Encumbrance‖: includes every right or interest in the
through a falsified public document of mortgage, but paid
land which exists in favor of third persons.
loan within the period agreed upon, is not guilty of estafa
but only falsification of a public document.
The offended party would not have granted the loan had he
known that the property was already encumbered. When the
Accused cannot be convicted of estafa with abuse of
loan had already been granted when defendant offered the
confidence if charged w/ estafa by means of deceit
property as security for the loan, Art. 316 par. 2 is not
applicable.
2. Article 316 - Other Forms of Swindling
Usurious loan with equitable mortgage is not an
and Deceits
encumbrance on the property.

Par 1. By conveying, selling, encumbering, or If 3rd element not established, there is no crime.
mortgaging any real property, pretending to be
the owner of the same
There must be damage caused. It is not necessary that act
prejudice the owner of the land.
Elements:
(1) That the thing be Immovable, such as a
parcel of land or a building.
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The omitted phrase ―as free from encumbrance‖ in par 2 of real property or properties with which the
Art. 316 is the basis of the ruling that silence as to such offender guaranteed the fulfilment of his
encumbrance does not involve a crime. obligation as surety

Par. 3. By wrongfully taking by the owner of his Elements:

personal property from its lawful possessor (1) Offender is a Surety in a bond given in
a criminal or civil action.
Elements: (2) He Guaranteed the fulfillment of such
(1) Offender is the Owner of personal obligation with his real property or
property. properties.
(2) Said property is in the Lawful (3) He Sells, mortgages, or, in any other
possession of another. manner encumbers said real property.
(3) Offender wrongfully takes it from its (4) That such sale, mortgage, or
lawful possessor. encumbrance
(4) Prejudice is thereby caused to the is
lawful possessor or third person. (a) Without express authority from the
court, or
Offender must wrongfully take the personal property from (b) Made Before the cancellation of his
the lawful possessor. Wrongfully take does not include the bond, or
use of violence, intimidation. If the thing is taken by means (c) Before being relieved from the
of violence, without intent to gain, it is not estafa, but grave obligation contracted by him.
coercion.
There must be damage caused under Art. 316.
If the owner took the personal property from its lawful
possessor without the latter‘s knowledge and later charged
him with the value of the property, the crime is theft. If there 3. Article 317 - Swindling of a Minor
is intent to charge the bailee with its value, the crime is
robbery. [US v Elements:
Albao] (1) That the offender Takes advantage of
the inexperience or emotions or feelings
Par. 4. By executing any fictitious contract to the prejudice of of a minor.
another (2) That he induces such minor
(a) to Assume an obligation, or
Illustration: A person who simulates a conveyance of his (b) to Give release, or
property to another, to defraud his creditors. If the (c) to Execute a transfer of any
conveyance is real and not simulated, the crime is property right.
fraudulent insolvency.
(3) That the consideration is
(a) some Loan of money,
Par. 5. By accepting any compensation for (b) Credit, or
services not rendered or for labor not
(c) Other Personal property.
performed
(4) That the transaction is to the Detriment
Elements: of such minor.
(1) Accepting a compensation given to
accused for service not rendered Real property is not included because only money, credit and
(2) Malicious failure to return the personal property are enumerated, and because a minor
compensation wrongfully received cannot convey real property without judicial authority.
(fraud)
4. Article 318 - Other Deceits
There must be fraud. Otherwise, it will only be solutio
indebiti, with civil obligation to return the wrong payment.
Other deceits are:
(1) By Defrauding or damaging another by
If the money in payment of a debt was delivered to a wrong
any other deceit not mentioned in the
person, Art. 316 par 5 is not applicable.
preceding articles.
(2) By Interpreting dreams, by making
In case the person who received it later refused or failed to
forecasts, by telling fortunes, or by
return it to the owner of the money, Art.
taking advantage of the credulity of the
315 subdivision 1(b) is applicable.
public in any other manner, for profit or
gain.
Par. 6. By selling, mortgaging or encumbering
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Any other kind of conceivable deceit may fall under this A person other than the mortgagor who removed the
article. As in other cases of estafa, damage to the offended property to another province, knowing it to be mortgaged,
party is required. may be liable. The removal of the mortgaged personal
property must be coupled with intent to defraud.
The deceits in this article include false pretenses and
fraudulent acts. No felonious intent if transfer of personal property is due to
change of residence.
Chattel Mortgage
The object of the Chattel Mortgage Law is to give the If the mortgagee opted to file for collection, not foreclosure,
necessary sanction to the statute, so that mortgage debtors abandoning the mortgage as basis for relief, the removal of
may be deterred from violating its provisions and mortgage property to another province is not a violation of Art 319
creditors may be protected against loss of inconvenience par1.
from wrongful removal or sale of mortgaged property.
In estafa, the property involved is real property. In sale of
mortgaged property, it is personal property.
G. Chapter 7: Chattel Mortgage
Elements of selling or pledging personal property
0. already pledged:
(1) That personal property is already pledged under the
1. Article 319 - Removal, Sale, or Pledge terms of the Chattel Mortgage Law.
of Mortgaged Property (2) That the offender, who is the mortgagor of such
property, sells or pledges the same or any part
Acts punishable under Art. 319: thereof.
(1) By knowingly removing any personal (3) That there is no consent of the mortgagee written
property mortgaged under the Chattel on the back of the mortgage and noted on the
Mortgage Law to any province or city record thereof in the office of the register of deeds.
other than the one in which it was
located at the time of execution of the The consent of the mortgagee must be
mortgage, without the written consent (1) in writing,
of the mortgagee or his executors, (2) on the back of the mortgage, and
administrators or assigns. (3) noted on the record thereof in the office of the
(2) By selling or pledging personal register of deeds.
property already pledged, or any part
thereof, under the terms of the Chattel Damage is NOT essential.
Mortgage Law, without the consent of
the mortgagee written on the back of Chattel mortgage may give rise to estafa by means of
the mortgage and noted on the record deceit.
thereof in the office of the register of
deeds of the province where such Art 319 Art 316 Estafa
property is located. In both there is selling of a mortgaged property.
Personal property Property involved is
Chattel mortgage must be valid and subsisting. If chattel
real property(Art. 316
mortgage does not contain an affidavit of good faith and is
par 2)
not registered, it is void and cannot
be prosecuted under Art 319 Committed by the Committed by selling
mere failure to obtain real property
Elements of knowingly removing mortgaged personal consent of the mortgaged as free,
property: mortgagee in writing, even though the
(1) Personal property is mortgaged under the Chatter even if offender vendor may have
Mortgage Law. should inform the obtained the consent
(2) Offender knows that such property is so mortgaged. purchaser that the of the mortgagee in
(3) He removes such mortgaged personal property to thing sold is writing.
any province or city other than the one in which it mortgaged
was located at the time of the execution of the Purpose: to protect Purpose: to protect the
mortgage. the mortgagee purchaser (1st or 2nd)
(4) That the removal is permanent.
(5) That there is no written consent of the mortgagee or
his executors, administrators or assigns to such H. Chapter 8: Arson and Other
removal.
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Crimes Involving Destruction (7) Any building, whether used as a dwelling or not,
situated in a populated or congested area.

SEC. 3. Other Cases of Arson—The penalty of Reclusion

Kinds of Arson:
Temporal to Reclusion Perpetua shall be imposed if the
(1) Arson (PD 1613, Sec. 1)
property burned is any of the following:
(2) Destructive arson (Art. 320, as amended by RA
(1) Any building used as offices of the government or
7659)
any of its agencies
(3) Other cases of arson (Sec. 3, PD 1613)
(2) Any inhabited house or dwelling
(3) Any industrial establishment, shipyard, oil well or
Attempted, Frustrated, and Consummated Arson mine shaft, platform or tunnel
Attempted arson: A person, intending to burn a wooden (4) Any plantation, farm, pasture land, growing crop,
structure, collects some rags, soaks them in gasoline and grain field, orchard, bamboo grove or forest;
places them beside the wooden wall of the building. When
(5) Any rice mill, sugar mill, cane mill or mill central
he about to light a match to set fire to the rags, he is
(6) Any railway or bus station, airport, wharf or
discovered by another who chases him away. In attempted
warehouse
arson, it is not necessary that there be a fire.

Frustrated arson: If that person is able to light or set fire I. Chapter 9: Malicious Mischief
to the rags, but the fire was put out before any part of the
building was burned.
MALICIOUS MISCHIEF: It is the willful causing of damage
Consummated arson: If before the fire was put out, it had to another‘s property for the sake of causing damage
burned a part of the building. because of hate, revenge or other evil motive.

If the property burned is an inhabited house or dwelling, it is

0.
not required that the house be occupied by one or more 1. Article 327 - Who Are Responsible
persons and the offender knew it when the house was
burned.
Elements of malicious mischief:
(1) Offender deliberately caused damage to
No complex crime of arson with homicide. If by reason of or the property of another.
on the occasion of arson death results, the penalty of
(2) Such act does not constitute arson or
reclusion perpetua to death shall be imposed. Homicide is
other crimes involving destruction
absorbed.
(3) Act of damaging another‘s property be
committed merely for the sake of
Any of 7 circumstances in Sec. 6 of PD 1613 is sufficient to
establish fact of arson if unexplained. damaging it.

PD 1613, §1. DESTRUCTIVE ARSON If there is no malice in causing damage, the obligation to pay
(asked 20 times) for the damages is only civil (Art.
2176)
SEC. 2. Destructive Arson—The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua shall Damage means not only loss but also diminution of what is a
be imposed if the property burned is any of the following: man‘s own. Thus, damage to another‘s
(1) Any ammunition factory and other establishment house includes defacing it. [People v Asido]
where explosives, inflammable or combustible
materials are stored. 2. Article 328 - Special Cases of
(2) Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social Malicious Mischief
services.
(3) Any church or place of worship or other building Special cases of malicious mischief:
where people usually assemble. (qualified malicious mischief)
(4) Any train, airplane or any aircraft, vessel or (1) causing damage to
watercraft, or conveyance for obstruct the
transportation of persons or property. performance of public functions
(5) Any building where evidence is kept for use in any (2) using any poisonous or corrosive
legislative, judicial, or administrative or other official substance
proceeding. (3) Spreading infection or contagion among
(6) Any hospital, hotel, dormitory, lodging house, cattle
housing tenement, shopping center, public or private (4) causing damage to property of the
market, theater or movie house or any similar place National Museum or National Library, or
or building.
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to any archive or registry, waterworks, Criminal Liability
road, promenade, or any other thing used
in common by the public.
0.
1. Article 332 - Exemption from Criminal
3. Article 329 - Other Mischiefs Liability in Crimes
Other mischiefs not included in Art. 328 are punished based Against Property
on value of the damage caused.
Crimes involved in the exemption:
If the amount involved cannot be estimated, the penalty of (1) Theft
arresto menor of fine not exceeding P200 is fixed by law. (2) Swindling (estafa)
(3) Malicious mischief

When several persons scattered coconut remnants which If the crime is robbery, exemption does not lie.
contained human excrement on the stairs and floor of the
municipal building, including its interior, the crime
committed is malicious mischief under Art. Persons exempt from criminal liability:
329. [People v Dumlao] (1) Spouses, ascendants and descendants, or relatives
by affinity in the same line.
(2) The widowed spouse with respect to the property
4. Article 330 - Damage and Obstruction which belonged to the deceased spouse before the
to Means of same passed into the possession of another.
Communication (3) Brothers and sisters and brothers-in-law and sisters-
in-law, if living together.
Committed by damaging any railway, telegraph, or
The law recognizes the presumed co-ownership of the
telephone lines. If the damage shall result in any derailment
property between the offender and the offended party. There
of cars, collision, or other accident, a higher penalty shall be
is no criminal, but only civil liability.
imposed. (Qualifying
Circumstance)
Art. 332 does not apply to a stranger who participates in the
commission of the crime.
Telegraph/phone lines must pertain to railways.
Stepfather and stepmother are included as ascendants by
Q: What is the crime when, as a result of the damage caused
affinity. [People v Alvarez; People v
to railway, certain passengers of the train are killed?
Adame]
A: It depends. Art. 330 says ―without prejudice to the
Guevarra: An adopted or natural child should also be
criminal liability of the offender for other consequences of
considered as included in the term ―descendants‖ and a
his criminal act.‖
concubine or paramour within the term ―spouses‖.

If there is no intent to kill, the crime is ―damages to means Art. 332 also applies to common-law spouses. [Art.
to means of communication‖ with homicide because of the 144, CC; People v Constantino]
first paragraph of Art. 4 and Art. 48.
Jurisprudence on Title Ten:
If there is intent to kill, and damaging the railways was the
means to accomplish the criminal purpose, the crime is THEFT
murder The fact that beans (subject of the crime were sacks of
beans) were scattered on the floor inside and in front of the
5. Article 331 – Destroying or Damaging stall of petitioner and in the parking lot does not necessarily
lead to the conclusion that petitioner is the perpetrator of
Statues, Public the crime.
Monuments or Paintings
This cannot be equated with the principle of law that a
The penalty is lower if the thing destroyed is a public person in possession or control of stolen goods is presumed
painting, rather than a public monument. to be the author of the larceny. Absent proof of any stolen
property in the possession of a person, as in the case at bar,
no presumption of guilt can arise. The place was a market
J. Chapter 10: Exemption from and presumably, petitioner was not the only vendor of
beans.
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Where the proven facts and circumstances are capable of People (2006)]
two or more explanations, one of which is consistent with
innocence and the other with guilt, the evidence does not THEFT (Corpus Delicti)
fulfill the test of moral certainty and is not sufficient to The Petitioner contends that he cannot be held liable for the
convict the accused. [Aoas v. People (2008)] charges on the ground that he was not caught in possession
of the missing funds. This is clutching at straws. To be
DESTRUCTIVE ARSON caught in possession of the stolen property is not an
It is clear that the place of the commission of the crime was element of the corpus delicti in theft.
a residential and commercial building located in an urban
and populated area. This qualifying circumstance places the Corpus delicti means the ―body or substance of the crime,
offense squarely within the ambit of Section 2(7) of P.D. and, in its primary sense, refers to the fact
1613, and converts it to ―destructive arson. that the crime has been actually committed.‖

It was also established that the subject building was insured In theft, corpus delicti has two elements, namely:
against fire for an amount substantially more than its market (1) that the property was lost by the owner, and
value, a fact that has given rise to the unrebutted prima (2) that it was lost by felonious taking.
facie evidence of arson, as provided in Section 6 of P.D.
1613. [Amora v. People In the case before us, these two elements were established.
(2008)] The amounts involved were lost by WUP because petitioner
took them without authority to
ROBBERY WITH HOMICIDE do so. [Gan vs. People (2007)]
Does not include taking the gun to shoot its previous holder.
The Court disagrees with the Court of Appeals that appellant THEFT; Attempted or Consummated only
committed the crime of robbery with homicide. There is The Revised Penal Code provisions on theft have not been
nothing in the records that would show that the principal designed in such fashion as to accommodate the Adiao, Dino
purpose of appellant was to rob the victim of his shotgun and Empelis rulings. Again, there is no language in Article
(Serial No. 9600942). 308 that expressly or impliedly allows that the ―free
disposition of the items stolen‖ is in any way determinative
It must be emphasized that when the victim and appellant of whether the crime of theft has been produced. We thus
met and had a heated argument, the absence of the intent conclude that under the Revised Penal Code, there is no
to rob on the part of the appellant was apparent. Appellant crime of
was not trying to rob the victim. Appellant‘s act of taking frustrated theft. [Valenzuela vs. People (2007)]
the shotgun was not for the purpose of robbing the victim,
but to protect himself from the victim.
ROBBERY WITH HOMICIDE; (Absorption Theory
No one would in one‘s right mind just leave a firearm lying applied)
around after being in a heated argument with another Attempted homicide or attempted murder committed during
person. or on the occasion of the robbery, as in this case, is
absorbed in the crime of Robbery with Homicide which is a
Having failed to establish that appellant‘s original criminal special complex crime that remains fundamentally the same
design was robbery, appellant could only be convicted of the regardless of the number of homicides or injuries committed
separate crimes of either murder or homicide, as the case in connection with the robbery. [People v. Cabbab, Jr.
may be, and theft. [People vs. (2007)]
Lara]
ESTAFA; Essence of Misappropriation
QUALIFIED THEFT (Abuse of Confidence) The words ―convert‖ and ―misappropriate‖ connote an act
Mere circumstance that petitioners were employees of of using or disposing of another‘s property as if it were one‘s
Western does not suffice to create the relation of confidence own or devoting it to a purpose or use different from
and intimacy that the law requires. that agreed upon. To misappropriate for one‘s
own use includes not only conversion to one‘s personal
The element of grave abuse of confidence requires that advantage but also every attempt to dispose of the property
there be a relation of independence, guardianship or of another without any right. [Tan vs. People]
vigilance between the petitioners and Western.
ESTAFA (Sale of jewelry; Failure to return)
Petitioners were not tasked to collect or receive payments. In an agency for the sale of jewelries, as in the present case,
They had no hand in the safekeeping, preparation and it is the agent‘s duty to return the jewelry upon demand of
issuance of invoices. They merely assisted customers in the owner and failure to do so is evidence of conversion of
making a purchase and in demonstrating the merchandise to the property by the agent. In other words, the demand for
prospective buyers. While they had access to the the return of the thing delivered in trust and the failure of
merchandise, they had no access to the cashier‘s booth or to the accused to account for it are circumstantial evidence of
the cash payments subject of the offense. [Astudillo vs. misappropriation. However, this presumption is rebuttable.
 CRIMINAL LAW REVIEWER

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If the accused is able to satisfactorily explain his failure to  Rule of Preference in BP 22 violations: Court may
produce the thing delivered in trust or to account for the impose imprisonment or a fine [Bernardo vs. People
money, he may not be held liable for estafa. [People v. (2007)]
Manantan]  Only a full payment of the face value of the second
check at the time of its presentment or during the
five-day grace period could exonerate one from
Additional Notes criminal
liability. [Macalalag vs. People (2006)]

THEFT See Also:

 Presumption of thievery -- possession of stolen (1) PD 1612: Anti-Fencing Law
goods [People vs. Dela Cruz (2000)] (2) BP 22: Bouncing Check Law
 No frustrated theft; Either attempted or (3) RA 6539: Anti-Carnapping Act
consummated only [Valenzuela vs. People (4) RA 9372: Human Security Act
(2007)] (5) PD 1613: Anti-Arson Law

QUALIFIED THEFT
Related Laws
(1) Anti-Carnapping Act of 1972 (RA 6539);
(2) Anti-Cattle Rustling Law of 1974 (PD 533);
(3) Heavier Penalties for Thefts by Employees and
Laborers (PD 133);
(4) Anti-Electricity Pilferage Act (RA 7832);
(5) Some LGUs have anti-Cable Television Theft
Ordinances.
(6) Theft of Forestry Products (PD 330);
Title XI. Crimes against Chastity
(7) Theft of Minerals/Ores (PD 581);

Cases: (1) Art. 333: Adultery

 Theft by bank teller considered Qualified Theft (2) Art. 334: Concubinage
[Roque vs. People (2004)] (3) Art. 336: Acts of Lasciviousness
 Grave abuse of confidence, requirements [Astudillo (4) Art. 337: Qualified Seduction
vs. People (2006)]
(5) Art. 338: Simple Seduction
 Carnapping vs. Qualified Theft [People vs. Bustinera
(2004)] (6) Art. 339: Acts of Lasciviousness with the consent of
the offended party
ESTAFA (7) Art. 340: Corruption of minors
 ―Conversion‖/‖Misappropriation‖, explained [Lee vs. (8) Art. 341: White Slave Trade
People (2005)] (9) Art. 342: Forcible Abduction
 Estafa may coincide with Illegal recruitment [People (10) Art. 343: Consented Abduction
vs. Hernandez (2002)] (11) Art. 344: Prosecution of the crimes of
 ―Deceit‖/‖False Pretense‖, explained Adultery
[Pablo vs. People (2004)] (12) Art. 345: Civil Liability
 SYNDICATED ESTAFA/Economic Sabotage (13) Art. 346: Liability of Ascendants, guardians,
(Presidential Decree No. 1689)—Ponzi scheme; teachers, or other persons entrusted with
Pyramid Scams
custody of the offended
Case:
 Soliciting funds from and eventually defrauding the 0.
general public constitutes syndicated estafa
amounting to economic 1. Article 333 - Adultery
sabotage [People vs. Balasa (1998)] (asked twice)

BOUNCING CHECKS LAW Elements:

 Modes of committing violations of BP 22; (1) that the woman is married;
 Presumptions/Evidentiary Rules (2) that she has sexual intercourse with a
man not her husband;
Cases: (3) that as regards the man with whom she
has sexual intercourse: he must know
her to be married.
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Agreement to separate may be used as evidence to show
LEGENDS: consent by the husband to the infidelity of his wife.
H – husband; W – wife; M - marriage
Effect of death of paramour: Offending wife may still be
Offenders: Married woman and/or the man who has carnal prosecuted. The requirement that both offenders should be
knowledge of her, knowing her to be married, even if the M included in the complaint is absolute only when the two
be subsequently declared void. It is not offenders are alive.
necessary that there be a valid M (i.e. void ab initio)
Effect of death of offended party: The proceedings may
Essence of adultery: violation of the marital vow continue. Art. 353 seeks to protect the honor and reputation
not only of the living but of dead persons as well.
Gist of the crime: the danger of introducing spurious heirs
into the family, where the rights of the real heirs may be
impaired and a man may be charged with the maintenance
2. Article 334 - Concubinage
of a family not his own. (US v. (asked 5 times)
Mata)
Elements:
The offended party must be legally married to the offender (1) That the man must be married;
at the time of the filing of the complaint. (2) That he committed any of the following
acts:
Each sexual intercourse constitutes a crime of adultery. (a) keeping a mistress in the conjugal
dwelling;
Abandonment without justification is not exempting, but only (b) Having sexual intercourse under
mitigating. Both defendants are entitled to this mitigating scandalous circumstance with a
circumstance. woman not his wife;
(c) Cohabiting with her in any other
Acquittal of one of the defendants does not operate as a place;
cause of acquittal of the other. (3) That as regards the woman, she must
know him to be married.
Under the law, there is no accomplice in adultery.
LEGENDS: H – husband; W – wife; M - marriage
Direct proof of carnal knowledge is not necessary.
Circumstantial evidence is sufficient. (i.e. love letters signed Offenders: married man and the woman who knows him to
by the paramour, photos showing be married.
intimate relations, testimony of witnesses)
The woman only becomes liable only if she knew him to be
Pardon by the H does not exempt the adulterous W and her married prior to the commission of the crime. In the 3rd way
paramour from criminal liability for adulterous acts committing the crime, mere cohabitation is sufficient; Proof
committed subsequent to such pardon, because the pardon of scandalous circumstances not necessary. [People v.
refers to previous and not to subsequent adulterous acts Pitoc, et. al.]

Effect of Pardon - applies to Concubinage as well: A married man is not liable for concubinage for mere sexual
(1) The pardon must come before the institution of the relations with a woman not his wife. A man would only be
criminal prosecution; and guilty of concubinage if he appeared to be guilty of any of
(2) Both the offenders must be pardoned by the the acts punished in Art. 334.
offended party. Act of sexual intercourse subsequent
to adulterous conduct is considered as an implied A married man who is not liable for adultery because he did
pardon. not know that the woman was married, may be held liable
(3) Pardon of the offenders by the offended party is a for concubinage. If the woman knew that the man was
bar to prosecution for adultery or concubinage. married, she may be held liable for concubinage as well.
(4) Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon. Mistress – a woman taken by the accused to live with him
in the conjugal dwelling as his mistress/concubine. [People
Effect of consent: The husband, knowing that his wife, v. Bacon and People v.
after serving sentence for adultery, resumed living with her Hilao]
co-defendant, did nothing to interfere with their relations or
to assert his rights as husband. The second charge of Keeping a mistress in the conjugal dwelling – no
adultery should be dismissed because of consent. [People v. positive proof of sexual intercourse is necessary
Sensano and Ramos]
Conjugal Dwelling – the home of the H and the W even if
the wife appears to be temporarily absent on any account.
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circumstances:
(a) By using force or intimidation; or
The dwelling of the spouses was constructed from the (b) When the offended party is
proceeds of the sale of their conjugal properties. The fact deprived of reason or otherwise
that W never had a chance to reside therein and that H unconscious;
used it with his mistress instead, does not (c) When the offended party is under
detract from its nature. [People v. Cordova (1959)] 12 years of age or is demented.

Cohabit – to dwell together as H and W for a period Lewd – obscene, lustful, indecent, lecherous; signifies form
of time (i.e. A week, a month, year or longer) of immorality which has relation to moral impurity or that
which is carried in wanton
Scandalous circumstances – Scandal consists in any manner
reprehensible word or deed that offends public conscience,
redounds to the detriment of the feelings of honest Motive of lascivious acts is not important because the
persons, and gives occasion to the neighbors‘ spiritual essence of lewdness is in the very act itself.
damage or ruin. [People v.
Santos] Example: If the kissing etc. was done inside church (which is
a public place), absence of lewd designs may be proven, and
It is only when the mistress is kept elsewhere (outside the the crime is unjust vexation only. But if the kissing was done
conjugal dwelling) that ―scandalous circumstances‖ in the house of a woman when she was alone, the
become an element of the crime. circumstances may prove the accused‘s lewd designs.
[US v. Macabagbag]
Absent any of the circumstances of rape under the 3 rd
Qualifying expression: Sexual act which may be proved by element, the crime is UNJUST VEXATION. (e.g.
circumstantial evidence touching of breast)

Scandal produced by the concubinage of H: Lascivious intent is implied from the nature of the act and
(1) H and mistress live in the same room of a house the surrounding circumstances.
(2) They appear together in public,
(3) Perform acts in sight of the community which give Consider the act and the environment to distinguish
rise to criticism and general protest among the between Acts of Lasciviousness and Attempted Rape.
neighbors. Desistance in the commission of attempted rape may
constitute acts of lasciviousness.
When spies are employed for the purpose of watching the
conduct of the accused and it appearing that none of the No attempted and frustrated acts of lasciviousness.
people living in the vicinity has observed any suspicious
conduct, there is no evidence of scandalous circumstances.
[US v. Campos Rueda]
Reason: Adultery is punished more severely than
concubinage because adultery makes possible the
Acts of Lasciviousness v. Grave Coercion
introduction of another man‘s offspring into the family so
that the offended H may have another man‘s son bearing Acts of Grave Coercion
H‘s name and receiving support from him. Lasciviousness
Compulsion or force is Compulsion or force is
included in the the very act
3. Article 335 – Rape constructive element constituting the
of force. offense of grave
Repealed by R.A. 8353. See previous discussion. coercion.
Must be accompanied Moral compulsion
4. Article 336 - Acts of by acts of amounting to
lasciviousness or intimidation is
Lasciviousness
lewdness. sufficient.
(asked 7 times)
Acts of Lasciviousness v. Attempted Rape
Elements:
Acts of Lasciviousness Attempted Rape
(1) That the offender commits any act of
Same means of committing the crime:
lasciviousness or lewdness;
(1) Force, threat, or intimidation is employed;
(2) That the is committed against a person
of either sex; or
(3) That is done under any of the ff. (2) By means of fraudulent machination or
grave abuse of authority; or
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(3) The offended party is deprived of reason (2) Simple seduction (Art. 338)
or otherwise unconscious; or
(4) Victim is under 12 yrs. of age or is
demented
5. Article 337 - Qualified Seduction
(asked thrice)
Offended party is a person of either sex.
The performance of acts of lascivious character
Elements:
Acts performed do not Acts performed (1) That the offended party is a virgin,
indicate that the clearly indicate that which is presumed if she is unmarried
accused was to lie w/ the accused‘s and of good reputation;
the offended party. purpose was to lie (2) That the she must be over 12 and
w/ the offended under 18 yrs. of age; (13-17 years 11
woman. months 29 days)
Lascivious acts are the Lascivious acts are (3) That the offender has sexual
final objective sought by only the intercourse with her;
the offender. preparatory acts to (4) That the there is abuse of authority,
the commission of confidence, or relationship on the part
rape. of the offender.

Abuses against chastity (Art. 245) v acts of Seduction - enticing a woman to unlawful sexual
lasciviousness (Art. 336) intercourse by promise of marriage or other means of
Offenses against Abuses against persuasion without use of force. It applies when there is
Chastity Chastity abuse of authority (qualified seduction) or deceit (simple
seduction).
Committed by a Committed by a public
private individual, in officer only
Two classes of Qualified Seduction:
most cases
(1) Seduction of a virgin over 12 years and under 18
Some act of Mere immoral or years of age by certain persons such as, a person in
lasciviousness should indecent proposal authority, priest, teacher or any person who, in any
have been executed made earnestly and capacity shall be entrusted with the education or
by the offender. persistently is custody of the woman seduced.
sufficient. (2) Seduction of a sister by her brother, or descendant
by her ascendant, regardless of her age or
The accused followed the victim, held her, embraced her, reputation.
tore her dress, and tried to touch her breast. When a
complaint for acts of lasciviousness was filed against him, Virgin - a woman of chaste character and of good
accused claimed that he had no intention of having sexual reputation. The offended party need not be physically a
intercourse with her and that he did the acts only as virgin.
revenge. TC found the accused guilty of FRUSTRATED ACTS
OF If there is no sexual intercourse and only acts of lewdness
LASCIVIOUSNESS. SC held that there is no frustrated crime are performed, the crime is acts of lasciviousness. If any of
against chastity which includes acts of lasciviousness, the circumstances in the crime of rape is present, the crime
adultery, and rape. [People v. is not to be punished under Art. 337.
Famularcano]
The accused charged with rape cannot be convicted of
qualified seduction under the same information.
From the moment the offender performs all the elements
necessary for the existence of the felony, he actually attains Offenders in Qualified Seduction:
his purpose. (1) Those who abused their authority: (PaGTE/C)
(a) Person in public authority;
Motive of revenge is of no consequence since the element of (b) Guardian;
lewdness is in the very act itself. Example: Compelling a girl (c) Teacher;
to dance naked before a man is an act of lasciviousness, (d) Person who, in any capacity, is entrusted with
even if the dominant motive is revenge, for her failure to pay the education or custody of the woman seduced.
a debt. (2) Those who abused confidence reposed in them:
(PHD) (a) Priest;
See Special Law: R.A. 7877 - Anti-Sexual Harassment (b) House servant;
Act of 1995 (c) Domestic
(3) Those who abused their relationship: (a) Brother who
Two kinds of seduction: seduced his sister;
(1) Qualified seduction (Art. 337)
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(b) Ascendant who seduced his However, an acquittal for CONSENTED ABDUCTION will not
descendant. preclude the filing of a charge for QUALIFIED SEDUCTION
because the elements of the two crimes
―Domestic‖ - a person usually living under the same roof, are different. [Perez v. CA]
pertaining to the same house.
Consented Qualified
Not necessary that the offender be the teacher of the Abduction Seduction
offended party; it is sufficient that he is a teacher in the Means: Requires the Requires abuse
same school. taking away of of authority,
Qualified seduction may also be committed by a master to the victim w/ confidence or
his servant, or a head of the family to any of its members. her consent relationship
Act: Offender has Taking away
Qualified seduction of a sister or descendant, also known as
sexual with lewd
INCEST, is punished by a penalty next higher in degree.
intercourse. designs
The age, reputation, or virginity of the sister or descendant Wronged: The girl The girl‘s family
is irrelevant. The relationship need not be legitimate.
NOTE: The fact that the girl gave consent to the sexual
A 15-year old virgin, who was brought by her mother to the intercourse is not a defense.
house of the accused and his wife to serve as a helper,
repeatedly yielded to the carnal desires of the accused, as
she was induced by his promises of marriage and frightened
6. Article 338 - Simple Seduction
by his acts of intimidation. (asked three times)

HELD: DECEIT, although an essential element of ordinary or Elements:

simple seduction, does not need to be proved or established 1) That the offended party is over 12 and under 18 years of
in a charge of qualified seduction. It is replaced by ABUSE OF age;
CONFIDENCE. 2) That she is of good reputation, single or widow;
[People v. Fontanilla] 3) That the offender has sexual intercourse with her;
4) That it is committed by means of deceit.

The accused, a policeman, brought a 13-year old girl with Purpose of the law - To punish the seducer who by means of
low mentality, to the ABC Hall where he succeeded in having promise of marriage, destroys the chastity of an unmarried
sexual intercourse with her. The complaint did not allege female of previous chaste character Virginity of offended
that the girl was a virgin. The accused was charged with party is not essential, good reputation is sufficient.
RAPE but convicted of QUALIFIED SEDUCTION.
Deceit generally takes the form of unfulfilled promise of
HELD: Though it is true that virginity is presumed if the girl is marriage.
over 12 but under 18, unmarried and of good reputation,
virginity is still an essential element of the crime of qualified What about unfulfilled promise of material things, as when
seduction and must be alleged in the complaint. Accused is the woman agrees to sexual intercourse in exchange for
guilty of RAPE, considering the victim‘s age, mental jewelry? This is not seduction because she is a woman of
abnormality and deficiency. There was also intimidation with loose morals.
the accused wearing his uniform.
[Babanto v. Zosa] Promise of marriage after sexual intercourse does not
constitute deceit. Promise of marriage by a married man is
not a deceit, if the woman knew him to be married.
Perez succeeded in having sexual intercourse with Mendoza
after he promised to marry her. As he did not make good on Seduction is not a continuing offense.
said promise, Mendoza filed a complaint for Consented
Abduction. Trial Court found that the acts constituted
seduction, acquitting him on the charge of Consented 7. Article 339 - Acts of
Abduction. Mendoza then filed a complaint for Qualified Lasciviousness with the Consent of
Seduction. Perez moved to dismiss the case on the grounds the Offended Party
of double jeopardy.
Elements:
HELD: There are similar elements between consented
abduction and qualified seduction, namely: (1) Offender commits acts of lasciviousness
(1) the offended party is a virgin, and or lewdness;
(2) over 12 but under 18 yrs. of age (2) The acts are committed upon a woman who is a
virgin or single or widow of good reputation, under
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18 yrs. of age but over 12 yrs., or a sister or 9. Article 341 - White Slave Trade
descendant, regardless of her reputation or age;
(3) The offender accomplishes the acts by abuse of
Acts punishable:
authority, confidence, relationship, or deceit.
(1) Engaging in business of prostitution
(2) Profiting by prostitution
It is necessary that it be committed under circumstances
which would make it qualified or simple seduction had there (3) Enlisting the services of women for the purpose of
been sexual intercourse, instead of acts of lewdness only. prostitution.
When the victim is under 12 yrs., the penalty shall be one
degree higher than that imposed by law. Habituality is not a necessary element of white slave trade.

Males cannot be the offended party. ‗Under any pretext‘ – one who engaged the services of a
woman allegedly as a maid, but in reality for prostitution, is
Acts of Acts of guilty under this article.
Lasciviousness (Art. Lasciviousness with
336) consent (Art. 339) Victim is under 12 yrs., penalty shall be one degree higher.
Committed under Committed under
Offender need not be the owner of the house.
circumstances c, had circumstances c, had
w/ there carnal w/ there carnal
Maintainer or manager of house of ill-repute need not be
been would been would
knowledge, knowledge, present therein at the time of raid or arrest.
either
amount to rape amount to
qualified simple Corruption of White Slave Trade
or Minors
seduction Minority of victims Minority is not required
Offended is a Offended party should essential
party only be female Victims may be male Applies only to females
female or male or female
May not necessarily be Generally for profit
for profit
8. Article 340 - Corruption of Minors
Committed by a single Generally committed
Acts punishable: The promotion or facilitation of the act habitually
prostitution or corruption of persons under age
(minors), to satisfy the lust of another 10. Article 342 - Forcible
LIABILITY:
Abduction
(1) Any person
(2) Punishable by prision mayor Elements:
(3) A public officer or employee, including those in (1) The person abducted is any woman,
government-owned or controlled corporations regardless of her age, civil status or
(4) Shall also be penalized by temporary absolute reputation;
disqualification (As amended by BP 92). (2) The abduction is against her will;
(3) The abduction is with lewd designs.
Habituality or abuse of authority or confidence is not
necessary. Abduction – the taking away of a woman from her house or
the place where she may be for the purpose of carrying her
It is not necessary that the unchaste acts shall have been to another place with the intent to marry or to corrupt her.
done.
Two kinds of abduction:
Mere proposal will consummate the offense. (1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343)
SEE ALSO: RA 7610: SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION, AND Crimes against chastity where age and reputation are
DISCRIMINATION ACT immaterial:
(1) Acts of lasciviousness against the will or without the
There is a crime of ATTEMPTED CHILD consent of the offended party
PROSTITUTION. (Sec. 6, RA 7610) (2) Qualified seduction of sister or descendant
(3) Forcible abduction
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The taking away of the woman may be accomplished by
means of deceit first and then by means of violence and Forcible Abduction Serious Illegal
intimidation. Detention
There is deprivation of There is deprivation of
If the female abducted is under 12, the crime is forcible liberty and lewd liberty and no lewd
abduction, even if she voluntarily goes with her abductor. designs. designs.
Commission of other
When the victim was abducted by the accused without lewd
designs, but for the purpose of lending her to illicit crimes during
intercourse with others, the crime is not abduction but confinement of victim
corruption of minors. is immaterial to the
charge of kidnapping
Adultery and Seduction,
w/ serious illegal
Concubinage Abduction, Acts of
detention.
Lasciviousness
Offended spouse 1. Offended party
Forcible Abduction with Rape - a complex crime
2. Her under Art. 48, and not a special complex crime
parents,
grandparents, or
guardians, in the order The victim was abducted by the accused and was brought to
in which they are a hotel where the latter succeeded in having sexual
named above. intercourse with her.

Rape may absorb forcible abduction, if the main objective HELD: The elements of both rape and forcible abduction are
was to rape the victim. proven. The presence of lewd designs in forcible abduction is
manifested by the subsequent rape of the victim. [People v.
Sexual intercourse is not necessary in forcible abduction. Sunpongco]

Lewd designs may be shown by the conduct of the accused.

When there are several defendants, it is enough that one of
them had lewd designs. Husband is not liable for abduction This is the Maggie Dela Riva story wherein Maggie was
of his wife, as lewd design is wanting. abducted and brought to a hotel, where the 4 accused took
turns in raping her.
Attempt to rape is absorbed in the crime of forcible
abduction, thus there is no complex crime of forcible HELD: While the first act of rape was being performed, the
abduction with attempted rape. crime of forcible abduction had already been consummated,
hence, forcible abduction can only be attached to the first
Nature of the crime - The act of the offender is violative of act of rape, detached from the 3 subsequent acts of rape.
the individual liberty of the abducted, her honor and The effect therefore would be one count of forcible
reputation, and public order. abduction with rape and 4 counts of rape for each of the
accused. [People v. Jose]
Forcible Abduction Grave Coercion
There is violence or intimidation by the
offender. The accused and 2 other men raped the victim. The victim
was a jeepney passenger who was prevented from leaving
The offended party is compelled to do
the jeepney. She was taken to a remote place where she was
something against her will. raped.
Abduction is No lewd design,
characterized by provided that there is HELD: The accused is guilty of FORCIBLE ABDUCTION WITH
lewd design. no deprivation of RAPE. It was proven that the victim was taken against her
liberty for an will and with lewd design, and was subsequently forced to
appreciable length of submit to the accused‘s lust, rendering her unconscious in
time. the process. [People v.
Alburo]
Forcible Abduction Corruption of
Minors Forcible Abduction Kidnapping (with
Purpose is to effect Purpose is to lend the with Rape rape)
his lewd designs on victim to illicit The violent taking of Not so motivated
the victim. intercourse with the woman is
others. motivated by lewd
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designs. one of the component offenses is a public crime, the
Crime against chastity Crime against liberty criminal prosecution may be instituted by the fiscal.

There can only be one complex crime of forcible abduction The court motu proprio can dismiss the case for failure of the
with rape. aggrieved party to file the proper complaint even if the
accused never raised the question on appeal.

Crimes against chastity cannot be prosecuted de oficio.

The victim witnessed the killing of another by the 2 accused.
Upon seeing her, the accused dragged her to a vacant lot
where they took turns in raping her. Adultery and Concubinage
TC convicted them of rape.
Who may file the complaint: Adultery and Concubinage
HELD: FORCIBLE ABDUCTION is absorbed in the crime of must be prosecuted upon complaint signed by the offended
RAPE if the main objective is to rape the victim. Conviction spouse.
of acts of lasciviousness is not a bar to
conviction of forcible abduction. [People v. Godines] The offended party cannot institute criminal prosecution
without including BOTH the guilty parties if they are alive.
Both parties must be included in the complaint even if one
11. Article 343 - Consented of them is not guilty.
Abduction
Consent and pardon bar the filing of a criminal complaint.
Elements:
The imputation of a crime of prostitution against a woman
(1) Offended party is a virgin;
can be prosecuted de oficio, but crimes against chastity
(2) She is over 12 and under 18 yrs. of age; cannot.
(3) Offender takes her away with her
consent, after solicitation or cajolery Prosecution of rape may be made upon complaint by any
from the offender;
person.
(4) The taking away is with lewd designs.
Effect of Pardon: (see Effect of Pardon in Art. 333
Purpose of the law - Not to punish the wrong done to the girl Adultery)
because she consents to it, but to prescribe punishment for (1) Effect of Pardon in Adultery applies also to
the disgrace to her family and the alarm caused by the Concubinage
disappearance of one who is, by her age and sex, (2) Condonation or forgiveness of one act of adultery or
susceptible to cajolery and deceit. concubinage is not a bar to prosecution of similar
acts that may be committed by the offender in the
If the virgin is under 12 or is deprived of reason, the crime is future.
forcible abduction because such is incapable of giving a
valid consent. Consent:
(1) May be express or implied
The taking away of the girl need not be with some character (2) Given before the adultery or concubinage was
of permanence. Offended party need not be taken from her committed
house. (3) Agreement to live separately may be evidence of
consent.
When there was no solicitation or cajolery and no deceit and (4) Affidavit showing consent may be a basis for new
the girl voluntarily went with the man, there is no crime trial.
committed even if they had sexual intercourse.
Seduction, abduction, acts of lasciviousness
12. Article 344 - Prosecution of Private
Seduction, abduction, or acts of lasciviousness must be
Offenses
prosecuted upon complaint signed by—
(1) Offended party - When the offended party is a
(1) Adultery minor, her parents may file the complaint.
(2) Concubinage (2) When the offended party is of age and is in
(3) Seduction complete possession of her mental and physical
(4) Abduction faculties, she alone can file the complaint.
(5) Acts of lasciviousness (3) Parents, Grandparents or Guardian in that order –

Nature of the complaint: The complaint must be filed in When the offended is a minor or incapacitated and refuses
court, not with the fiscal. In case of complex crimes, where to file the complaint, any of the persons mentioned could
file.
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The term ―guardian‖ refers to legal guardian. He must be The adulterer and the concubine can be sentenced only to
legally appointed by the Court. indemnify for damages caused to the offended spouse.

The State may also file the complaint as parens patriae Under the RPC, there is no civil liability for acts of
when the offended party dies or becomes incapacitated lasciviousness.
before she could file the complaint and has no known
parents, grandparents, or guardians Art. 2219, CC: moral damages may be recovered in
seduction, abduction, rape, or other lascivious acts, as well
Effect of Pardon: as in adultery and concubinage.
(1) Offended party cannot institute criminal
proceedings if the offender has been EXPRESSLY The parents of the female seduced, abducted, raped, or
pardoned by the offended party, or her parents, abused may also recover moral damages. In multiple rape,
grandparents or guardian. all the offenders must support the offspring.
(2) Pardon by the parent, grandparent, or guardian
must be accompanied by the express pardon of the Art. 283 (1), CC: Judgment to recognize the offspring may
offended woman. only be given if there is pregnancy within the period of
(3) The right to file action of the parents, grandparents conception, which is within 120 days from the commission of
and guardian shall be EXCLUSIVE of other persons the offense.
and shall be exercised successively in the order
provided. In rape of a married woman, only indemnity is allowed.
(4) Pardon by the offended party who is a minor must
have the concurrence of parents, EXCEPT when the
offended party has no parents. 14. Article 346 – Liability of ascendants,
guardians, teachers and other
Rape complexed with another crime against chastity need persons entrusted with the custody of
NOT be signed by the offended woman, since rape is a
the offended party
public crime. When the evidence fails to prove a complex
crime of rape with another crime, and there is no complaint
Liability of ascendants, guardians, teachers or other
signed by the offended woman, the accused CANNOT be
persons entrusted with the custody of the offended
convicted of rape.
party
(1) Persons who cooperate as accomplices but are
Marriage of the offender with the offended party in
punished as principals in rape, seduction, abduction,
seduction, abduction, acts of lasciviousness and rape,
etc. (see list below for the complete set of crimes
extinguishes criminal action or remits the penalty already
referred to in this article): (a) ascendants
imposed.
(b) guardians
(c) curators
Marriage (in cases of seduction, abduction, and acts of
(d) teachers, and
lasciviousness) extinguishes the criminal action even as to
(e) any other person, who cooperate as accomplice
co-principals, accomplices, and accessories.
with abuse of authority or confidential
relationship
Marriage must be entered into in good faith.
(2) The teachers or persons entrusted with education
and guidance of the youth shall also be penalized
Marriage may take place AFTER criminal proceedings have
with disqualification.
commenced, or even after conviction
(extinguishes criminal action and remits penalty).
Jurisprudence for Title Eleven
13. Article 345: Civil Liability
CHILD ABUSE; Sweetheart defense not available The
Those guilty of rape, seduction or abduction: sweetheart theory applies in acts of lasciviousness and rape,
(1) To indemnify the offended woman felonies committed against or without the consent of the
(2) To acknowledge the offspring, unless the law should victim. It operates on the theory that the sexual act was
prevent him from doing so consensual. It requires proof that the accused and the victim
(3) In every case to support the offspring, EXCEPT: were lovers and that she consented to the sexual relations.
(a) in cases of adultery and concubinage
(b) where either of the offended party or accused is For purposes of sexual intercourse and lascivious conduct in
married child abuse cases under RA 7610, the sweetheart defense is
(c) when paternity cannot be determined, such as unacceptable. A child exploited in prostitution or subjected
in multiple rape to other sexual abuse cannot validly give consent to sexual
(d) other instances where the law prevents such intercourse with another person. [Malto v. People
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(2007)] ―Lascivious conduct‖ is defined under Section 2 (h) of
the rules and regulations of RA 7610 as:
(1) The intentional touching, either directly or through
RAPE; Exemplary Damages; Child Victims Exemplary clothing, of the genitalia, anus, groin, breast, inner
damages must also be awarded in these child abuse cases thigh, or buttocks, OR the introduction of any object
to deter others with perverse tendencies from sexually into the genitalia, anus or mouth, of any person,
abusing young girls of their (2) whether of the same or opposite sex,
own flesh and blood. [People vs. Abellera (2007)] (3) with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person,
(4) bestiality, masturbation, lascivious exhibition of the
CHILD ABUSE; Pandering Child Prostitutes Appellant‘s genitals or pubic area of a person
violation of Sec. 5, Art. III of R.A. No. 7610 is as clear as day.
The provision penalizes anyone who engages in or promotes, See Also:
facilitates or induces child prostitution either by: (1) RA 9995: Anti-Photo and Video Voyeurism Act of
(1) acting as a procurer of a child prostitute; or 2009
(2) inducing a person to be a client of a child prostitute (2) RA 7610: Special Protection of Children against
by means of written or oral advertisements or other Child abuse, Exploitation and Discrimination
similar means; or (3) RA 9208: Anti-Trafficking in Persona Act
(3) by taking advantage of influence or relationship to (4) RA 9262: Anti-Violence against Women and their
procure a child as a Children
prostitute; or (5) RA 7877: Anti-Sexual Harassment Act
(4) threatening or using violence towards a child to
engage him as a prostitute; or
(5) giving monetary consideration, goods or other
pecuniary benefits to the child with the intent to Title XII. Crimes against the Civil
engage such child in prostitution. Status of Persons
The purpose of the law is to provide special protection to
children from all forms of abuse, neglect, cruelty,
exploitation and discrimination, and other conditions Chapter I: Simulation of Births and
prejudicial to their development. Usurpation of Civil Status
(1) Art 347: Simulation of births,
A child exploited in prostitution may seem to ―consent‖ to substitution of one child for another
what is being done to her or him and may appear not to and concealment or abandonment of a
complain. legitimate child
(2) Art 348: Usurpation of civil status
However, we have held that a child who is ―a person below
eighteen years of age or those unable to fully take care of Chapter II: Illegal Marriages
themselves or protect themselves from abuse, neglect, (1) Art 349: Bigamy
cruelty, exploitation or discrimination because of their age or (2) Art 350: Marriage contracted against
mental disability or condition‖ is incapable of giving rational provisions of law
consent to any lascivious act or sexual intercourse. In fact, (3) Art 351: Premature marriages
the absence of free consent is conclusively presumed when (4) Art 352: Performance of illegal marriage
the woman is below the age of twelve. [People vs. Delantar ceremony
(2007)]

A. Chapter I: Simulation of Births and

CHILD ABUSE; Definition of ―Lascivious Conduct Usurpation of Civil Status
The elements of sexual abuse under Section 5 (b) of RA 7610
that must be proven in addition to the elements of acts of
lasciviousness are as follows: 0.
(1) The accused commits the act of sexual intercourse 1. Article 347 - Simulation of Births,
or lascivious conduct.
(2) The said act is performed with a child exploited in
Substitution of One Child for Another,
prostitution or subjected to other sexual abuse. and Concealment or Abandonment of
(3) The child, whether male or female, is below 18 a Legitimate
years of age. [Navarrete vs. Child
People (2007)]
Mode 1. Simulation of births;

Mode 2. Substitution of one child for another;

 CRIMINAL LAW REVIEWER

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chastity, and may be prosecuted only at the instance of the
Mode 3. Concealing or abandoning any offended party.
legitimate child with intent to cause such
child to lose its civil status. The test is not whether the defendant has already been tried
for the same act, but whether he has been put in jeopardy
Illustration: for the same offense.
(1) People who have no child and who buy and adopt
the child without going through legal adoption.
(2) Same is true even if the child was kidnapped but
2. Article 350 - Marriage Contracted
they knew that the kidnappers are not the real against Provisions of Laws
parents of the child.
(3) When the real parents make it appear in the birth Elements:
certificate that the parents who (1) Offender contracted marriage;
bought the child are the real parents (2) He knew at the time that –
(a) The requirements of the law were
not complied with; or
2. Article 348 - Usurpation of Civil Status
(b) The marriage was in disregard of a
legal impediment.
This crime is committed when a person represents himself to
be another and assumes the filiation or the parental or
conjugal rights of such another person. Bigamy is a form of illegal marriage.

Civil status seems to include one‘s profession. Illegal marriage includes also such other marriages which
are performed without complying with the requirements of
law, or marriages where the consent of the other is vitiated,
There must be an intent to enjoy the rights arising from the
or such marriage which was solemnized by one who is not
civil status of another.
authorized to solemnize the same.

B. Chapter II: Illegal Marriages

3. Article 351 - Premature Marriage
0. Persons liable:
1. Article 349 - Bigamy (1) A widow who is married within 301 days
(asked 8 times) from the date of the death of her
husband, or before having delivered if
Elements: she is pregnant at the time of his
(1) Offender has been legally married; death;
(2) The marriage has not been legally (2) A woman who, her marriage having been annulled or
dissolved or, in case his or her spouse is dissolved, married before her delivery or before the
absent, the absent spouse could not yet expiration of the period of 301 days after the date of
be presumed dead according to the the legal separation.
Civil Code;
(3) He contracts a second or subsequent The Supreme Court considered the reason behind making
marriage; such marriages within 301 days criminal, that is, because of
(4) The second or subsequent marriage has the probability that there might be a confusion regarding the
all the essential requisites for validity. paternity of the child who would be born.

Good faith is a defense in bigamy. If this reason does not exist because the former husband is
impotent, OR was shown to be sterile such that the woman
Failure to exercise due diligence to ascertain the has had no child with him, that belief of the woman that
whereabouts of the first wife is bigamy through reckless after all there could be no confusion even if she would marry
imprudence. within 301 days may be taken as evidence of good faith and
that would negate criminal intent.
A judicial declaration of the nullity of a marriage, that is, that
the marriage was void ab initio, is now required.
4. Article 352 - Performance of Illegal
One convicted of bigamy may also be prosecuted for Marriage Ceremony
concubinage as both are distinct offenses. The first is an
offense against civil status, which may be prosecuted at the PERSONS LIABLE:
instance of the state; the second is an offense against (1) Priests or ministers of any religious
 CRIMINAL LAW REVIEWER

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denomination or sect, or civil authorities of petitioner's innocence or guilt in the criminal case for
(2) who shall perform or authorize any illegal bigamy, because all that is required for the charge of
marriage ceremony bigamy to prosper is that the first marriage be subsisting at
the time the second marriage is contracted. Thus, under the
law, a marriage, even one which is void or voidable, shall be
Jurisprudence:
deemed valid until declared otherwise in a judicial
proceeding.
Bigamy
The primordial issue should be whether or not petitioner
In this case, even if petitioner eventually obtained a
committed bigamy and if so, whether his defense of good
declaration that his first marriage was void ab initio, the
faith is valid.
point is, both the first and the second marriage were
subsisting before the first marriage was annulled. [Abunado
In Marbella-Bobis v. Bobis, we laid down the elements of
v. People
bigamy thus:
(2004)]
(1) The offender has been legally married;
(2) The first marriage has not been legally dissolved,
or in case his or her spouse is absent, the absent
A careful study of the disputed decision reveals that
spouse has not been judicially declared
respondent Judge had been less than circumspect in his
presumptively dead;
study of the law and jurisprudence applicable to the bigamy
(3) He contracts a subsequent marriage; and
case. In his comment, respondent Judge stated: ―That the
(4) The subsequent marriage would have been valid
accused married Manuel P. Diego in the honest belief that
had it not been for the existence of the first.
she was free to do so by virtue
of the decree of divorce is a mistake of fact.‖
Applying the foregoing test to the instant case, we note
that the trial court found that there was no actual
This Court, in People v. Bitdu, carefully distinguished
marriage ceremony performed between Lucio and Lucia
between a mistake of fact, which could be a basis for the
by a solemnizing officer. Instead, what transpired was a
defense of good faith in a bigamy case, from a mistake of
mere signing of the marriage contract by the two, without
law, which does not excuse a person, even a lay person,
the presence of a solemnizing officer.
from liability. Bitdu held that even if the accused, who had
obtained a divorce under the Mohammedan custom,
The first element of bigamy as a crime requires that the honestly believed that in contracting her second marriage
accused must have been legally married. But in this case, she was not committing any violation of the law, and that
legally speaking, the petitioner was never married to she had no criminal intent, the same does not justify her act.
Lucia Barrete. Thus, there is no first marriage to speak of.
This Court further stated therein that with respect to the
Under the principle of retroactivity of a marriage being contention that the accused acted in good faith in
declared void ab initio, the two were never married ―from contracting the second marriage, believing that she had
the beginning.‖ The contract of marriage is null; it bears no been validly divorced from her first husband, it is
legal effect. sufficient to say that everyone is presumed to know the
law, and the fact that one does not know that his act
Taking this argument to its logical conclusion, for legal constitutes a violation of the law does not exempt him
purposes, petitioner was not married to Lucia at the time he from the consequences thereof.
contracted the marriage with Maria Jececha. The existence
and the validity of the first marriage being an essential Moreover, squarely applicable to the criminal case for
element of the crime of bigamy, it is but logical that a bigamy, is People v. Schneckenburger, where it was held
conviction for said offense cannot be sustained where there that the accused who secured a foreign divorce, and later
is no first marriage to speak of. The petitioner, must, remarried in the Philippines, in the belief that the foreign
perforce be acquitted of the instant charge. [Lucio Morigo v. divorce was valid, is liable for bigamy. [Diego v. Castillo
People (2002)] (2004)]

The subsequent judicial declaration of the nullity of the first

marriage was immaterial because prior to the declaration of
nullity, the crime had already been consummated. Moreover,
petitioner's assertion would only delay the prosecution of
bigamy cases considering that an accused could simply file
a petition to declare his previous marriage void and invoke
the pendency of that action as a prejudicial question in the
criminal case. We cannot allow that.

The outcome of the civil case for annulment of petitioner's

marriage to Narcisa had no bearing upon the determination
 CRIMINAL LAW REVIEWER

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(1) There must be an imputation of– (a) a
crime,
(b) a vice or defect, real or
imaginary, OR
(c) any act, omission, condition,
status, or circumstance;
(2) The imputation must be made publicly;
(3) It must be malicious;
(4) The imputation must be directed at a
natural or juridical person, or one who
is dead;

Libel as used in Art. 353. (Reyes)

Defamation is composed of:

(1) Libel – written defamation
(2) Slander- oral defamation
(3) Slander by deed – defamation through acts

Test of the defamatory character of words used:

Whether they are calculated to induce the hearers to
suppose and understand that the person against whom they
(i.e. the defamatory words) were uttered was guilty of
certain offenses; OR are sufficient to impeach his honesty,
virtue or reputation, or to hold
him up to public ridicule. (U.S. vs. O’Connell)

Publication: communication of the defamatory matter to

Title XIII. Crimes against Honor some third person or persons. There is no crime if the
defamatory imputation is not published.

It is essential that the victim be identifiable, although it is

Chapter I: Libel not necessary that he be named.
(1) Art 353: Definition of Libel
(2) Art 354: Privileged communication
(3) Art 355: Libel by means of writings or For a statement to be considered malicious, it must be
similar means shown that it was written or published with the knowledge
(4) Art 356: Threatening to publish and that they are false OR in reckless disregard of WON they
offer to prevent such publication for a were false.
compensation
(5) Art. 357: Prohibited Publication of Acts Reckless disregard – the defendant entertains serious
Referred to in the course of Official doubt as to the truth of the publication, OR that he
Proceedings possesses a high degree of awareness of their probable
(6) Art 358: Slander falsity.
(7) Art 359: Slander by Deed
To avoid self-censorship that would necessarily accompany
Chapter II: Incriminatory Machinations strict liability for erroneous statements, rules governing
(1) Art 363: Incriminating innocent person liability for injury to reputation are required to allow an
adequate margin of error by
(2) Art 364: Intriguing against honor
protecting some inaccuracies. [Borjal v. CA (1999)]

A. Chapter I: Libel
Doctrine of fair comment: Fair commentaries on matters
of public interest are privileged and constitute a valid
0. defense in an action for libel or slander.
1. Article 353 - Definition of Libel
(asked 4 times) In order that a discreditable imputation to a public official
may be actionable, it must either be:
(1) A false allegation of fact; OR
Elements:
(2) A comment based on a false supposition.
 CRIMINAL LAW REVIEWER

306
[People v. Velasco (2000)] officers in the exercise of their
functions.

PUBLIC FIGURE – one who, by his accomplishments, fame, Defamatory remarks are PRESUMED malicious. The
mode of living, OR by adopting a profession or calling which presumption of malice is REBUTTED, if it is shown by the
gives the public a legitimate interest in his doings, his affairs accused that – (see discussion of Art. 361)
and his character, has become a ―public personage‖ [Ayer (1) The defamatory imputation is true, IN CASE the law
Productions v. allows proof of the truth of the imputation;
Capulong (1988)] (2) It is published with good intention; AND
(3) There is justifiable motive for making it

Based on the ruling in US v. Ocampo, proof of knowledge of Privileged communication is NOT

and participation in the publication of the offending article is PRESUMED malicious.
not required, if the accused has been specifically identified
as ―author, editor, or proprietor‖ or ―printer/publisher‖ of Kinds of Privilege:
the publication.
ABSOLUTE QUALIFIED
NOT actionable. Actionable IF Malice
On January 25, 2008, the Court issued Administrative
Narrow and few: or Bad faith is proven
Circular No. 08-2008, entitled Guidelines in the Observance
(1) Privileged (malice in Fact)
of a Rule of Preference in the Imposition of Penalties in Libel
Cases. The Circular expresses a preference for the speeches in
imposition of a fine rather than imprisonment, given the congress Based on par 1 and 2
circumstances attendant in the cases cited therein in which (2) Statements of Art 354, although
only a fine was imposed by this Court on those convicted of made in judicial the list is not
libel. proceedings exclusive
as long as they
It also states that, if the penalty imposed is merely a fine but are relevant to
the convict is unable to pay the same, the Revised Penal the
Code provisions on subsidiary imprisonment should apply. issue
(3) Military affairs
However, the Circular likewise allows the court, in the
exercise of sound discretion, the option to impose Art 354 does not cover absolute privilege because character
imprisonment as penalty, whenever the imposition of a fine of communications mentioned therein is lost upon proof of
alone would depreciate the seriousness of the offense, work malice in fact.
violence on the social order, or otherwise be contrary to the
imperatives of justice. [Fermin v. People (2008)] MALICE IN LAW MALICE IN FACT
Presumed from To be proved by
2. Article 354 - Requirement for defamatory character prosecution ONLY IF
Publicity of statement malice in law has
been rebutted
General rule: MALICE IS PRESUMED in every Statement is Can be negated by
defamatory imputation. presented to court, evidence of:
and the latter will (1) Good motives AND
Exception: in privileged communications, decide whether it is Justifiable ends; or
namely: defamatory or not (2) Privileged
(1) A private communication to an officer character
or a board, or superior, having some
interest or duty in the matter, made by Unnecessary publicity destroys good faith.
any person in the performance of any
legal, moral or social duty;
(2) A fair and true report, made in good 3. Article 355 - Libel by Writing or Similar
faith, without any comments or Means
remarks, of
(a) any judicial, legislative or other Libel may be committed by means of:
official proceedings which are not
(1) Writing;
of
confidential nature, OR (2) Printing;
(3) Lithography;
(b) any statement, report or speech
delivered in said proceedings, OR (4) Engraving;
(c) any other act performed by public (5) Radio;
(6) Photograph;
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(7) Painting; (Gag Law)
(8) Theatrical exhibition;
(9) Cinematographic exhibition; or Elements:
(10) Any similar means. (e.g. video (1) Offender is a reporter, editor or
broadcast) manager of a newspaper, daily or
magazine;
Common characteristic of written libel: their permanent (2) He publishes facts connected with the
nature as a means of publication. private life of another;
(3) Such facts are offensive to the honor,
Use of amplifier system is not libel but oral virtue and reputation of said person.
defamation (slander)
This article is referred to as the Gag Law.
In a libel case filed in August 2006 against RP Nuclear
Solutions and blogger Abe Olandres, the Pasig City Newspaper reports on cases pertaining to adultery, divorce,
Prosecutor dismissed the charges against them because legitimacy of children, etc. are barred from publication.
they have no participation in the creation. Neither did they
have the authority to modify the content of the site being Under RA 1477, a newspaper reporter cannot be compelled
hosted where to reveal the source of the news report he made, UNLESS
the allegedly libelous remarks were posted.16 the court or a House or committee of Congress finds that
such revelation is demanded by the security of the state.
The prosecutor however ordered the filing of cases against
two other respondents who never denied authorship of the
posted comments. 6. Article 358 - Slander
(asked 5 times)
It remains debatable when the moment of publication occurs
with respect to statements made over the Internet.17 One Slander, or oral defamation is composed of two kinds:
view holds that there is publication once the statement is (1) Simple slander
uploaded or posted on a website. The other view maintains (2) Grave slander
that publication occurs only when another person gains
access or reads the statement on the site. Factors that determine the gravity of the oral
defamation:
(1) Expressions used
4. Article 356 - Threatening to Publish (2) Personal relations of the accused and the offended
and Offer to Prevent Such party.
Publication for a Compensation (3) The surrounding circumstances.

Illustration of grave slander:

Acts Punished:
A woman of violent temper hurled at a respectable married
(1) Threatening another to publish a libel lady with young daughters offensive and scurrilous epithets
concerning – him, his parents, spouse, including words imputing unchastity to the mother and
child or other members of his family
tending to injure the
(2) Offering to prevent the publication of character of the daughters [U.S. vs. Toloso]
such libel for compensation or money
consideration. Illustration of simple slander:
(1) Calling a person a gangster
The essence of this crime is blackmail, which is defined as (2) Uttering defamatory words in the heat of anger with
any unlawful extortion of money by threats of accusation or some provocation on the part of the offended party
exposure. (3) The word ―putang ina mo‖ is a common expression
in the dialect that is often employed not really to
Blackmail can also be in the form of light threats, which is slander but rather to express anger or displeasure.
punished under ARTICLE 283. It is seldom, if ever taken in its literal sense by the
hearer, that is, as a reflection on the virtue of a
mother. [Reyes vs. People]
5. Article 357 - Prohibited
Publication of Acts Referred to in the
Course of Official Proceedings
7. Article 359 - Slander by Deed
16 [Link] w_article.php?article_id=68456

17 [Link]
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30, in relation to Section 5, ECommerce
Elements: Law.18
(1) Offender performs any act not included
in any other crime against honor; Where to file the criminal action? It depends on who
the offended party is.
(2) Such act is performed in the presence INTRIGUING SLANDER INCRIMINATI
of other person or persons; AGAINST NG
(3) Such act casts dishonor, discredit or HONOR INNOCENT
contempt upon the offended party. PERSON
the source of offender offender
Slander by deed is of two kinds the made the performs an
(1) Simple slander by deed defamatory utterance, act by which
(2) Grave slander by deed utterance is where the he
unknown and source of the directly
There is no fixed standard in determining whether a the offender defamatory incriminates
slander is serious or not; hence the courts have simply nature of the or imputes to
sufficient discretion to determine the same, basing the repeats or utterance is an innocent
finding on the attendant circumstances and matters passes the known, and person the
relevant thereto. same to offender commission
blemish the makes a of a crime
8. Article 360 - Persons Responsible honor or republication
reputation of thereof
for Libel another

(1) The person who publishes, exhibits or causes the If he is a public officer, the criminal action can only be
publication or exhibition of any defamation in instituted in either:
writing or similar means. (1) RTC of the province or city where the libelous article
(2) The author or editor of a book or pamphlet. is printed and first published, OR
(3) The editor or business manager of a daily (2) RTC of the province or city where he held office at
newspaper magazine or serial publication. the time of the commission of the offense
(4) The owner of the printing plant which publishes a
libelous article with his consent and all other If he is a private person, the criminal action may be brought
persons who in any way participate in or have in:
connection with its publication. (1) RTC of the province or city where the libelous article
is printed and first published, OR
Under Republic Act no. 8792, otherwise known as the (2) RTC of the province or city where he actually
Electronic Commerce Act, a party or person acting as a resided at the time of the commission of the offense
service provider incurs NO civil or criminal liability in the
making, publication, dissemination or distribution of
libelous material if: 9. Article 361 - Proof of Truth
(1) The service provider does not have actual
knowledge, or is not aware of the facts or When admissible?
circumstances from which it is apparent that (1) When the act or omission imputed
making, publication, dissemination or constitutes a crime regardless of
distribution of such material is unlawful or whether the offended party is a private
infringes any rights; individual or a public officer.
(2) The service provider does not knowingly receive (2) When the offended party is a
a financial benefit directly Government employee, even if the
attributable to the infringing activity; imputation does not constitute a crime,
(3) The service provider does: provided it is related to the discharge
(a) not directly commit any infringement or
of his official duties.
other unlawful act and
(b) does not induce or cause another person or
Rule of actual malice: Even if the defamatory statement is
party to commit any
false, NO liability can attach IF it relates to official conduct,
infringement or other unlawful act
UNLESS the public official concerned proves that the
(c) and/or does not benefit financially from the
statement was made with actual malice, i.e., with knowledge
infringing activity or unlawful act of another
that it was false or with reckless disregard of WON it was
person or party (Section
false.

18 [Link]
 CRIMINAL LAW REVIEWER

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to blemish the honor or reputation of another
person.
10. Article 362 - Libelous Remarks
Jurisprudence
(1) Libelous remarks or comments
(2) connected with the matter privileged under the
provisions of Art. 354,
Libel against a public official
(3) if made with malice,
An open letter addressed to the stockholders of OPMC was
(4) shall NOT exempt the author thereof nor the editor
the subject of a full-page advertisement published in 5 major
or managing editor of a newspaper from criminal
daily newspapers. Coyiuto, Jr., wrote in his capacity as
liability.
Chairman of the Board and President of OPMC, that there
was a sweetheart deal between Commissioner Mario
B. Chapter II: Incriminatory Jalandoni of the PCGG and Rizal Commercial Banking Corp.
(RCBC) to the prejudice of the Government .
Machinations
In the recent case of Vasquez v. Court of Appeals, et. al., the
0. Court ruled that: "The question is whether from the fact that
the statements were defamatory, malice can be presumed
1. Article 363 - Incriminating innocent so that it was incumbent upon petitioner to overcome such
person presumption. Under Art. 361 of the Revised Penal Code, if
the defamatory statement is made against a public official
As far as this crime is concerned, this has been interpreted with respect to the discharge of his official duties and
to be possible only in the so-called planting of evidence. If functions and the truth of the allegation is shown, the
this act is resorted to, to enable officers to arrest the accused will be entitled to an acquittal even though he does
subject, the crime is unlawful arrest through incriminating not prove that the imputation was published with good
innocent persons. motives and for
justifiable ends."
This crime cannot be committed through verbal
incriminatory statements. Moreover, the Court has ruled in a plethora of cases that in
libel cases against public officials which relate to official
INCRIMINATI PERJURY BY DEFAMATIO conduct liability will attach only if the public official
NG MAKING N concerned proves that the statement was made with actual
INNOCENT FALSE malice, that is, with knowledge that it was false.
PERSON ACCUSATIO
NS Imputations regarding official conduct do not carry the
act of giving of false public and presumption of malice, hence even if the defamatory
statement statement is false, if malice was not proven, there is no libel.
planting malicious
under oath or Here petitioner failed to prove actual malice on the part of
evidence and imputation
making a the private respondents. Nor was the Court of the opinion
the like in calculated
false affidavit, that the open letter was written to cast aspersion on the
order to to
imputing to good name of the petitioner.
incriminate cause
an innocent the person dishonor,
the discredit, The paid advertisement merely served as a vehicle to inform
person the stockholders of the goings-on in the business world and
commission of or
a crime contempt only exposed the irregularities surrounding the PCGG and
upon the RCBC deal and the parties involved. [Mario C.V Jalandoni v
Secretary of Justice
offended (2000)]
party
Slander (Art. 358)
Atty. Benjamin C. Escolango was conversing with his political
2. Article 364 - Intriguing against Honor leaders at the terrace of his house when Rogelio Pader
appeared at the gate and shouted "putang ina mo Atty.
(1) Intriguing against honor is referred to as gossiping: Escolango. Napakawalanghiya mo!" The latter was
the offender, without ascertaining the truth of a dumbfounded and embarrassed. At that time, Atty.
defamatory utterance, repeats the same and pass it Escolango was a candidate for vice mayor in the 1995
on to another, to the damage of the offended party elections. Atty. Escolango filed with the Municipal Trial Court
a complaint against Pader for grave oral defamation. The
(2) This crime is committed by any person who shall
MTC rendered decision convicting petitioner of grave oral
make any intrigue which has for its principal purpose
defamation.
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else, the court should dismiss the action for want of
HELD: Unquestionably, the words uttered were defamatory. jurisdiction.
Considering, however, the factual backdrop of the case, the
oral defamation was only slight. The trial court believed the The law, however, is more particular in libel cases. The
defamation to be deliberately done to destroy Atty. possible venues for the institution of the criminal and the
Escolango's reputation since the parties were political civil aspects of said case are concisely outlined in Article 360
opponents. The trial court failed to appreciate the fact that of the Revised Penal Code, as amended by Republic Act No.
the parties were also neighbors: that petitioner was drunk at 4363.
the time he uttered the defamatory words; and the fact that
petitioner's anger was instigated by what Atty. Escolango did In Agbayani v. Sayo, we summarized the foregoing rule in
when petitioner's father died. In which case, the oral the following manner:
defamation was not of serious or insulting nature. (1) Whether the offended party is a public official or a
private person, the criminal action may be filed in
In Reyes v. People, we ruled that the expression "putang ina the Court of First Instance of the province or city
mo" is a common enough utterance in the dialect that is where the libelous article is printed and first
often employed, not really to slander but rather to express published.
anger or displeasure. In fact, more often, it is just an (2) If the offended party is a private individual, the
expletive that punctuates one's expression of profanity. We criminal action may also be filed in the Court of First
do not find it seriously insulting that after a previous incident Instance of the province where he actually resided
involving his father, a drunk Rogelio Pader on seeing Atty. at the time of the commission of the offense.
Escolango would utter words expressing anger. Obviously, (3) If the offended party is a public officer whose office
the intention was to show his feelings of resentment and not is in Manila at the time of the commission of the
necessarily to insult the latter. [Rogelio Pader v. People offense, the action may be filed in the Court of First
(2000)] Venue of criminal and civil actions in libel Instance of Manila.
cases (Art. 360 and RA 4363 AN ACT TO FURTHER (4) If the offended party is a public officer holding office
AMEND ARTICLE THREE HUNDRED SIXTY OF THE outside of Manila, the action may be filed in the
REVISED PENAL CODE) Court of First Instance of the province or city where
Alfie Lorenzo, Allen Macasaet, Nicolas Quijano, Jr., and Roger he held office at the time of the commission of the
Parajes, columnist, publisher, managing editor, and editor, offense.
respectively of the newspaper "Abante" were charged before
the RTC, with the crime of libel. Respondents tried to have In the case at bar, private respondent was a private citizen
the complaint dismissed on the basis that Trinidad, the at the time of the publication of the alleged libelous article,
complainant was not a resident of Quezon City but rather of hence, he could only file his libel suit in the City of Manila
Marikina. However, the RTC and the Court of Appeals upheld where Abante was first published or in the province or city
Trinidad. where he actually resided at the time the purported libelous
article was printed.
HELD: In criminal actions, it is a fundamental rule that venue
is jurisdictional. Thus, the place where the crime was This Court finds it appropriate to reiterate our earlier
committed determines not only the venue of the action but pronouncement in the case of Agbayani, to wit: In order to
is an essential element of jurisdiction. obviate controversies as to the venue of the criminal action
for written defamation, the complaint or information should
In the case of Uy v. Court of Appeals and People of the contain allegations as to whether, at the time the offense
Philippines, this Court had the occasion to expound on this was committed, the offended party was a public officer or a
principle. It is a fundamental rule that for jurisdiction to be private individual and where he was actually residing at that
acquired by courts in criminal cases: time.
(1) the offense should have been committed or any one Whenever possible, the place where the written defamation
of its essential ingredients took place within the was printed and first published should likewise be alleged.
territorial jurisdiction of the court. That allegation would be a sine qua non if the circumstance
(2) Territorial jurisdiction in criminal cases is the territory as to where the libel was printed and first published is used
where the court has jurisdiction to take cognizance as the basis of
or to try the offense allegedly committed therein by the venue of the action. [Macasaet v. People (2005)]
the accused.
(3) Thus, it cannot take jurisdiction over a person
charged with an offense allegedly committed outside Unsealed letters
of that limited territory. Sending an unsealed libelous letter to the offended party
(4) Furthermore, the jurisdiction of a court over the constitutes publication. [Magno vs. People
criminal case is determined by the allegations in the (2006)]
complaint or information.
(5) And once it is so shown, the court may validly take
cognizance of the case. What constitutes publication; Fine Instead of
(6) However, if the evidence adduced during the trial Imprisonment
show that the offense was committed somewhere
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There is publication in this case. In libel, publication means
making the defamatory matter, after it is written, known to It cannot be said that the article was a mere general
someone other than the person against whom it has been commentary on the alleged existing state of affairs at the
written. aforementioned public market. Rivera was not only
specifically pointed out several times therein but was even
Petitioner‘s subject letter-reply itself states that the same tagged with derogatory names. Indubitably, this name-
was copy furnished to all concerned. Also, petitioner had calling was, as correctly found by the two courts below,
dictated the letter to his secretary. It is enough that the directed at the very person of Rivera himself. [Figueroa vs.
author of the libel complained of has communicated it to a People
third person. Furthermore, the letter, when found in the (2006)]
mailbox, was open, not contained in an envelope thus, open
to public.
Victim Identifiable
While Vaca case is for violation of B.P. 22, we find the The last element of libel is that the victim is identified or
reasons behind the imposition of fine instead of identifiable from the contents of the libelous article.
imprisonment applicable to petitioner‘s case of libel. We
note that this is petitioner‘s first offense of this nature. He In order to maintain a libel suit, it is essential that the
never knew respondent prior to the demand letter sent by victim be identifiable, although it is not necessary that the
the latter to Mrs. Quingco who then sought his assistance person be named. It is enough if by intrinsic reference the
thereto. He appealed from the decision of the RTC and the allusion is apparent or if the publication contains matters of
CA in his belief that he was merely exercising a civil or moral description or reference to facts and circumstances from
duty in writing the letter to private complainant. In fact, which others reading the article may know the person
petitioner could have applied for probation to evade prison alluded to, or if the latter is pointed out by extraneous
term but he did not do so believing that he did not commit a circumstances so that those knowing such person could
crime thus, he appealed his case. and did understand that he was the person referred to.

We believe that the State is concerned not only in the Kunkle v. Cablenews-American and Lyons laid the rule that
imperative necessity of protecting the social organization this requirement is complied with where a third person
against the criminal acts of destructive individuals but also recognized or could identify the party
in redeeming the individual for economic usefulness and vilified in the article. [People vs. Ogie Diaz (2007)]
other social ends. Consequently, we delete the prison
sentence imposed on petitioner and instead impose a fine of See Also: AC 08-2008: Re: Guidelines in the Observance of
six thousand pesos. a Rule of Preference in the Imposition of Penalties in Libel
Cases
This is not the first time that we removed the penalty of
imprisonment and imposed a fine instead in the crime of
libel. In Sazon v. Court of Appeals, petitioner was convicted
of libel and was meted a penalty of imprisonment and fine;
and upon a petition filed with us, we affirmed the findings of
libel but changed the penalty imposed to a mere
fine. [Buatis vs. People (2006)]

Slight Oral Defamation

The Court does not condone the vilification or use of
scurrilous language on the part of petitioner, but following
the rule that all possible circumstances favorable to the
accused must be taken in his favor, it is our considered view
that the slander committed by petitioner can be
characterized as slight slander following the doctrine that:
uttering defamatory words in the heat of anger, with some
provocation on the part of the offended party, constitutes
only a Title XIV. Quasi-Offenses
light felony. [Villanueva vs. People (2006)]

0.
Effect of Name-calling 1. Article 365 - Imprudence and
While it is true that a publication's libelous nature depends
Negligence
on its scope, spirit and motive taken in their entirety, the
article in question as a whole explicitly makes mention of
private complainant Rivera all throughout. Quasi-offenses punished:
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(1) Committing through reckless (5) There is inexcusable lack of precaution
imprudence any act which, had it been on the part of the offender, taking into
intentional, would constitute a grave or consideration:
less grave felony or light felony; (a) His employment/occupation
(2) Committing through simple (b) Physical condition
imprudence or negligence an act which (c) Degree of intelligence
would otherwise constitute a grave or a
(d) Other circumstances regarding the
less serious felony;
persons, time and place
(3) Causing damage to the property of
another through reckless imprudence
or simple imprudence or negligence; NOTE:
(1) Reckless Imprudence Resulting in Homicide (asked 3
(4) Causing through simple imprudence or
times)
negligence some wrong which, if done
(2) Resulting in Physical Injuries(asked 3 times)
maliciously, would have constituted a
light felony.
Simple Imprudence
(1) There is lack of precaution on the part
IMPRUDENCE NEGLIGENCE
of the offender
Both indicate a deficiency of action
(2) The damage impending to be caused is
Failure in precaution Failure in advertence not immediate or the danger is not
clearly manifest.
The rules for graduating penalties (under Art. 64) based on
mitigating and aggravating circumstances are NOT Jurisprudence:
applicable to offenses punishable thru criminal negligence.
The gravamen of SIMPLE NEGLIGENCE is the failure to
QUALIFYING CIRCUMSTANCE: failure to render immediate exercise the diligence necessitated or called for by the
assistance to the injured party. This qualifying circumstance situation which was NOT immediately lifedestructive BUT
must be distinguished from which culminated, as in the present case, in the death of a
the punishable OMISSION under Article 275.25 human being 3 days later.
[Carillo v. People (1994)]
If the danger that may result from the criminal negligence is
clearly perceivable, the imprudence is RECKLESS. If it could
hardly be perceived, the criminal negligence would only be MEDICAL MALPRACTICE, which is a form of negligence,
simple. consists in the failure of a physician or surgeon to apply to
his practice of medicine that degree of care and skill which is
Criminal negligence is only a modality in incurring criminal ordinarily employed by the profession generally, under
liability. This is so because under Article 3, a felony may similar conditions, and in like surrounding circumstances
result from dolo or culpa. THEREFORE, even if there are (this is the
several results arising from ONLY ONE CARELESSNESS, the test applied). [Garcia-Rueda v. Pascasio (1997)]
accused may only be prosecuted under one count for the
criminal negligence. Otherwise, double jeopardy would arise.
Elements involved in medical negligence cases:
Reckless Imprudence: (D.B.P.I.)
(1) Duty
25
Art. 275. Abandonment of person in danger and abandonment of (2) Breach
one's own victim. — The penalty of arresto mayor shall be imposed (3) Injury
upon: (4) Proximate causation
1. Anyone who shall fail to render assistance to any person whom
he shall find in an uninhabited place wounded or in danger of
Requisites for the application of res ipsa loquitur:
dying, when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious (1) The accident was of a kind which does NOT
offense. ordinarily occur UNLESS someone is
2. Anyone who shall fail to help or render assistance to another negligent;
whom he has accidentally wounded or injured. (2) The instrumentality or agency which caused the
3. Anyone who, having found an abandoned child under seven injury was under the exclusive control of the person
years of age, shall fail to deliver said child to the authorities or in charge; and
to his family, or shall fail to take him to a safe place.
(3) The injury suffered must NOT have been due to any
(1) The offender does or fails to do an act voluntary action or contribution of the person
(2) The doing of or the failure to do the act injured.
is voluntary
(3) It be without malice Ordinarily, only physicians and surgeons of skill and
(4) Material damage results experience are competent to testify as to whether a patient
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has been treated or operated upon with a reasonable The trial court found the accused "guilty beyond reasonable
degree of skill and care. doubt of the crime of Double Homicide Through Reckless
Imprudence with violation of the
HOWEVER, testimony as to the statements and acts of Motor Vehicle Law (Rep. Act No. 4136)."
physicians and surgeons, external appearances, and
manifest conditions which are observable by any one may HELD: There is no such nomenclature of an offense under
be given by non-expert witnesses. [Reyes v. the Revised Penal Code. Thus, the trial court was misled to
Sis. of Mercy Hospital (2000)] sentence the accused "to suffer two (2) indeterminate
penalties of four (4) months and one (1) day of arresto
mayor, as minimum, to three (3) years, six (6) months and
While playing one day, a child-Honey Fe heard a commotion twenty (20) days of
from a nearby house and went to investigate. She saw prision correccional, as maximum."
Randy Luntayao being tortured and killed by Alexander
Sibonga, Reynario Nuñez, Eutiquia Carmen, Delia Sibonga, This is erroneous because in reckless imprudence cases, the
and Celedonia Fabie. Apparently it was a ritual supposed to actual penalty for criminal negligence bears no relation to
cure him of demonic possession. The father of the boy filed the individual wilful crime or crimes committed, but is set in
charges against the participants, and the child who relation to a whole class, or series of crimes. Unfortunately,
witnessed the macabre incident testified as to what she saw. we can no longer correct this judgment even if erroneous, as
The trial court convicted the participants of murder. it is, because it has become final and executory.

HELD: It would appear that accused-appellants are members Under Article 365 of the Revised Penal Code, criminal
of a cult and that the bizarre ritual performed over the victim negligence "is treated as a mere quasi offense, and dealt
was consented to by the victim's parents. With the with separately from wilful offenses. It is not a question of
permission of the victim's parents, accused-appellant classification or terminology. In intentional crimes, the act
Carmen, together with the other accused-appellants, itself is punished; in negligence or imprudence, what is
proceeded to subject the boy to a "treatment" calculated to principally penalized is the mental attitude or condition
drive the "bad spirit" from the boy's body. Unfortunately, the behind the act, the dangerous recklessness, and lack of care
strange procedure resulted in the death of the boy. Thus, or foresight, the imprudencia punible.
accused-appellants had no criminal intent to kill the boy.
Much of the confusion has arisen from the common use of
Their liability arises from their reckless imprudence because such descriptive phrase as 'homicide through reckless
they ought that to know their actions would not bring about imprudence', and the like; when the strict technical sense is,
the cure. They are, therefore, guilty of reckless imprudence more accurately, 'reckless imprudence resulting in
resulting in homicide and not of murder. homicide'; or 'simple imprudence causing damages to
property'." [Rafael
Art. 365 of the Revised Penal Code, as amended, states that Reyes Trucking v People (2000)]
reckless imprudence consists in voluntarily, but without
malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution FACTS: Ireneo, Abundio and Lourdes Mangruban were with
on the part of the person performing such act. their paralyzed aunt at a bus terminal. Lourdes Mangruban
was tasked to accompany their paralyzed aunt to Butuan
Compared to intentional felonies, such as homicide or City. A dispatcher informed them that a bus bound for
murder, what takes the place of the element of malice or Tacloban via Cebu and Butuan was about to leave. They
intention to commit a wrong or evil is: the failure of the were told to wait as the bus maneuvered to its proper
offender to take precautions due to lack of skill taking into position prior to departure. The said bus, driven by Teofilo
account his employment, or occupation, degree of Abueva, came to a full stop in front of the terminal building.
intelligence, physical condition, and other circumstances As they negotiated their way towards the back of the bus,
regarding persons, time and place. Lourdes, with luggage in hand, was waiting on the first
stepboard when the bus suddenly moved. Due to the sudden
The elements of reckless imprudence are apparent in the movement, according to the witness, Lourdes fell off the bus
acts done by accused-appellants which, because of their and hit her head on the cement pavement below.
lack of medical skill in treating the victim of his alleged
ailment, resulted in the latter's death. As already stated, According to the witness, the driver did not disembark to
accused-appellants, none of whom is a medical assist Lourdes, while a dispatcher of the bus company
practitioners, belong to a religious group, known as the assured them that there was nothing to worry about
Missionaries of Our Lady of Fatima, which is engaged in faith because the victim was not bleeding. Petitioner continued
healing. driving per his scheduled trip.
[People v. Carmen (2001)]
Lourdes was taken to the San Pedro Hospital where a brain
scan revealed the presence of a blood clot that needed
immediate surgery. The bus company refused to give
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financial assistance to the Mangrubans. On their own, the Ulanca, Pat. Pabon and Belbes were watching the dance, two
family raised the amount required by the hospital as students approached Mrs. Ulanca and said "Ma'm, it seems
downpayment for the operation. Surgery was performed but that there is somebody making trouble." Pat. Belbes and Pat.
Lourdes never regained consciousness and expired five days Pabon, armed with an Armalite rifle and a .38 caliber
later. The trial court convicted Teofilo Abueva for Reckless revolver, respectively, responded forthwith. Moments after
Imprudence resulting in Homicide. the two police officers left, bursts of gunfire filled the air.

HELD: After a careful review of the records, the Court agrees Fernando Bataller, a graduating student was hit on different
with the factual findings of the lower courts showing that the parts of his body and died. The accused Pat. Belbes stated
victim, Lourdes Mangruban, fell rather than jumped off the that they acted in self defense. The trial court convicted Pat.
bus. Belbes of murder and sentenced him to reclusion perpetua.

The prosecution has provided sufficient, clear and convincing HELD: The offense is definitely not reckless imprudence
basis for the conclusion that Lourdes fell off the bus due to resulting in homicide because the shooting was intentional.
the reckless act of the petitioner. Article 365 of the Revised
Penal Code states that reckless imprudence consists in: Illustrations of reckless imprudence resulting in homicide
(1) voluntarily, but without malice, are: (1) exhibiting a loaded revolver to a friend, who was
(2) doing or failing to do an act from which killed by the accidental discharge brought about by
(3) material damage results negligent handling; or (2) discharging a firearm from the
(4) by reason of inexcusable lack of precaution on the window of one's house and killing a neighbor who just at the
part of the person performing or failing to perform moment leaned over the balcony front; or (3) where the
such act, defendant, to stop a fist fight, fired his .45 caliber pistol
(5) taking into consideration: twice in the air, and, as the bout continued, he fired another
(a) his employment or occupation; shot at the ground, but the bullet ricocheted and hit a
(b) his degree of intelligence; bystander who died soon thereafter. In this case, appellant
(c) his physical condition; and intended to fire AT the victim, and in fact hit ONLY the victim.
(d) other circumstances regarding persons, time and [People v. Belbes (2000)]
place.
Annex A
Petitioner herein is a professional driver who has been in the
employ of the bus company for 18 years 26 and has Effect of Victim’s Contributory Negligence
undergone training courses and seminars to improve his Finally, as to petitioners‘ argument that Jesus Basallo
skills as a driver. He is expected to be well aware of his (Victim; deceased) should be presumed negligent because
responsibilities to his passengers. Not only must he make he was driving with an expired license and the passenger
sure that they reach their destinations on time, he must also jeepney owned by his brother Teodorico did not have a
ensure their safety while they are boarding, during the entire franchise to operate, we hold that the same fails to
trip, and upon disembarking from the vehicle. convince. ―The defense of contributory negligence does not
[Abueva v. People (2002)] apply in criminal cases committed through reckless
imprudence, since one cannot allege the negligence of
another to evade the effects of his
FACTS: "In the evening of February 16, 1990, Pat. Domingo own negligence.‖ [Manzanares vs. People (2006)]
Belbes and Pat. Jose Pabon were assigned to maintain peace
and order at the Junior and Senior Prom of Pili Barangay High
School. Around 9:00 p.m. while Teacher-In-Charge Mila
ARBITRARY DETENTION ILLEGAL DETENTION UNLAWFUL ARREST
Offender Public officer who has (1) Private person; OR Any person
authority to make arrests (2) Public officer who is
and detain persons acting in a private
capacity or beyond the
scope of his official
duty
Criminal Violate the offended Deprive the offended party Accuse the offended party
intent party‘s constitutional of his personal liberty of a crime he did not
freedom against commit, deliver him to the
warrantless arrest proper authority, and file
the necessary charges to
incriminate him
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Annex B
Habitual Recidivism Habituality/ Reiteracion/
Delinquency Art. 62 Art. 14 (9) Repetition
(5) Art. 14 (10)
Crimes Specific crimes: Sufficient that the offender has Necessary that the offender
1. Less serious or been: shall have served out his
serious physical 1. Previously convicted by sentence for the first offense
injuries final judgment
2. Robbery 2. For another crime
3. Theft 3. Embraced in the same title
4. Estafa of the Code
5. Falsification 4. On the date of his trial
Period of Within 10 years from No period of time
time his last release or
conviction
Number Guilty the third time or The second conviction for an The previous and subsequent
of crimes oftener offense embraced in the same offenses must NOT be
title of this Code embraced in the same title of
the Code
Their An additional If not offset by any mitigating Not always an aggravating
effects penalty shall be circumstance, increase the circumstance
imposed penalty only to the maximum