Criminal Law 2 Reviewer
Criminal Law 2 Reviewer
Criminal Law 2 Reviewer
Elements:
1. Offender must be owing allegiance to the govt and not a Offender must
Who are the authorities to whom this knowledge
foreigner be owing
Misprision of should be disclosed?
116 2. Has knowledge of any conspiracy against the govt allegiance to Prision mayor
Treason 1. Province - governor and fiscal
3. conceals or does not disclose and make known the same as the govt and not
2. City - mayor and fiscal
soon as possible to the governor or fiscal of the province or a foreigner
mayor or fiscal of the city in which he resides
2 Ways of Committing Espionage: Par 1. - any Prision correcional Espionage - offense of gathering, transmitting, or
1. By entering w/o authority therefor, a warship, for, or naval, or person losing info respecting the national defense with
117 Espionage
military establishment or reservation to obtain any Public officer - Prision intent or reason to believe that the info is to be
information, plans, photographs, or other data of a Par 2 - public mayor used to the injury of the Philippines or to the
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confidential nature relative to the defense of the Philippines. officer advantage of any foreign nation
Elements:
a. Offender is a public officer
b. He has in his possession the the articles, data or info
by reason of the public office he holds
c. He discloses their contents to a representative of a
foreign nation
Elements:
1. There is a war in which the Philippines is not involved Can be committed in war and peace
Violation of
119 2. There is a regulation issued by a competent authority for the Any person Prision correccional
neutrality
purpose of enforcing neutrality There should be a regulation enforcing neutrality
3. The offender violates such regulation
Elements:
1. In time of war in which the Philippines is involved a. Prision
Correspondence 2. Offender makes correspondence with an enemy country or Correccional
Note: Govt prohibition is not essential in par 2
120 with Hostile territory occupied by enemy troops Any person b. Prision Mayor
and 3
Country 3. Correspondence is either: c. Reclusion
a. Prohibited by govt Temporal
b. Carried on in ciphers or conventional signs
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c. Has notice or info which might be useful to enemy
Elements:
Offender must
Flight to 1. In time of war in which the Philippines is involved Note: An alien resident may be guilty of this
be owing
121 Enemy’s 2. Offender must be owing allegiance to the govt Arresto Mayor because the law does not say “not being a
allegiance to
Country 3. Offender attempts to flee or go to enemy country foreigner”
the govt
4. Going to enemy country is prohibited by competent authority
Elements:
1. Whenever the offenders have seized the vessel by boarding
or firing upon the same
Reclusion perpetua to
123 Qualified Piracy 2. Whenever the pirates have abandoned their victims w/o Any person
death
means of saving themselves
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape
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prision mayor
2 Acts Punishable:
1. Expelling a person from the Philippines Any public
Only the court by a final judgement can order a
127 Expulsion 2. Compelling a person to change his address officer or Prision correccional
person to change his residence
employee
Elements:
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1. Offender is a public officer or employee
2. He expels any person from the Philippines or compels a
person to change his residence
3. Offender is not authorized to do so by law
Acts Punishable:
1. Entering any dwelling against the will of the owner
2. Searching papers or other effects found therein w/o the
previous consent of such owner Prision correccional Circumstances qualifying the offense:
3. Refusing to leave the premises, after having surreptitiously min period 1. Nighttime
Any public
Violation of entered said dwelling and after having been required to leave 2. Any papers or effects not constituting
128 officer or
Domicile the same Nighttime - prision evidence of a crime are not returned
employee
correccional med-max immediately after the search made by the
Elements: period offender
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects
Elements:
Searching 1. Offender is a public officer or employee Any public Note: Search w/o warrant under the Tariff and
Arresto mayor med-
130 domicile w/o 2. He is armed with search warrant legally procured officer or Customs Code does not include a dwelling
max period
witnesses 3. He searches the domicile, papers, or other belongings of any employee house
person
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4. The owner, or any member of his family, or 2 witnesses
residing in the same locality are not present
Acts Punishable:
1. Prohibiting or interrupting w/o legal ground, the holding of a
peaceful meeting, or by dissolving the same
2. Hindering any person from joining any lawful association or
Prohibition,
from attending any of its meetings
interruption, and Any public
3. Prohibiting or hindering any person from addressing, either Prision correccional
131 dissolution of officer or
alone or together with others, any petition to the authorities min period
peaceful employee
for the correction of abuses or redress of grievances
meetings
Elements:
1. Offender is a public officer or employee
2. He performs any of the acts mentioned above
Prision correccional
Elements:
min period
1. Offender is a public officer or employee Any public
Interruption of
132 2. Religious ceremonies or manifestations of any religion are officer or
religious worship Violence/threats -
about to take place or are going on employee
prision correccional
3. Offender prevents or disturbs the same
med to max period
Elements:
Note: It is not necessary that there is a religious
1. The acts complained of were performed: Arresto mayor max
ceremony going on when the offender performs
Offending the a. In a place devoted to religious worship period to Prision
133 Any person acts notoriously offensive to the feelings of the
religious feelings b. During the celebration of any religious ceremony Correccional min
faithful when done in a place devoted to religious
2. The acts must be notoriously offensive to the feelings of the period
worship
faithful
TITLE III: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Elements:
1. Offender is a person or persons belonging to the military or Leader - reclusion
police or holding any public office or employment perpetua
2. Committed by means of swift attack accompanied by
Military, police,
134 violence, intimidation, threat, strategy, or stealth Participants - reclusion Note: There must be an active participation,
Coup d’etat public officer or
-A 3. Attack is directed against duly constituted authorities of the temporal max period mere silence or omission is not punishable
employee
Philippines, or any military camp or installation,
communication networks, public utilities or other facilities Private citizen - prision
needed for the exercise and continued possession of power mayor max period
4. Purpose of the attack is to seize or diminish state power
Penalties for
135
134 and 134-A
Acts Punished:
Note: Presupposes the existence of rebellion by
Disloyalty of 1. Failing to resist a rebellion by all means in their power
Public officer or Prision correccional other persons
137 Public Officers 2. Continuing to discharge the duties of their offices under the
employee min period
or Employees control of the rebels
*Must not be in conspiracy with the rebels
3. Accepting appointment to office under them
Inciting to Elements:
Prision mayor min
138 rebellion or 1. Offender does not take arms or is not in open hostility against Any person
period
insurrection the govt
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2. He incites others to the execution of any of the acts of
rebellion
3. The inciting is done by means of speeches, proclamation,
writings, emblems, banners, or other representations tending
to the same end
Elements:
1. Offenders rise publicly and tumultuously
2. They employ force, intimidation, or other means outside of
legal methods
3. Offenders employ any of those means for the following
purpose:
a. To prevent the promulgation or execution of any law
or the holding of any popular election Leader - Prision mayor
b. To prevent the nat’l govt or any provincial or municipal min period + 2M fine Public uprising and an object of sedition must
govt or any public officer from freely exercising its or concur
139 Sedition Any person
his functions or to prevent the execution of any Participants - prision
administrative order correccional max Note: Minimum of 4 armed men
c. To inflict any act of hate or revenge upon the person period + 1M fine
or property of any public officer or employee
d. To commit for any political or social end, any act of
hate or revenge against private persons or any social
class
e. To despoil, for any political or social end, any person,
municipality, or province or the nat’l govt of all its
property or any part thereof
Conspiracy to There must be an agreement and a decision to rise publicly and Prision correccional
141 Any person Proposal to commit sedition is not punishable
commit sedition tumultuously to attain any of the objects of sedition med period + 400k fine
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2. Uttering seditious words or speeches which tend to disturb 2. The Dangerous Tendency Rule
the public peace
3. Writing, publishing, or circulating scurrilous libels against the
govt or any of the duly constituted authorities therein which
tend to disturb the public peace
Elements:
1. Offender does not take direct part in the crime of sedition
2. He incites others to the accomplishment of any of the acts
which constitute sedition
3. The inciting is done by means of speeches, proclamation,
writings, emblems, cartoons, etc
Elements:
Acts tending to 1. There be a projected or actual meeting of the national
prevent the assembly or any of its committees or subcommittees, con
Prision correccional
143 meeting of com or divisions thereof, or any of the provincial board or city Any person
OR 40k to 400k fine
Assembly and or municipal council or board
similar bodies 2. The offender who may be any person prevents such meeting
by force or fraud
Elements:
1. There be a meeting of the nat’l assembly or any of its
committees or subcommittees, con com or committees or
divisions thereof, or of any provincial board or city or
Note: It must be a meeting of a legislative body
Disturbance of municipal council or board Arresto Mayor OR 40k
144 Any person or of provincial board or city or municipal council
proceedings 2. Offender does any of the following acts: to 200k fine
or board which is disturbed.
a. Disturbs any of such meetings
b. Behaves while in the presence of any such bodies in
such manner as to interrupt its proceedings or to
impair the respect due to it
Acts Punishable:
1. By using force, intimidation, threats, or frauds to prevent any
Prision mayor
member of the Nat’l Assembly from:
Violation of Note: Parliamentary immunity does not protect
a. Attending the meetings of the assembly or of any of its
145 parliamentary Any person Public officer or members of the national assembly from
committees or subcommittees, con com or
immunity employee - prision responsibility before the legislative body itself
committees or divisions thereof
correccional
b. Expressing his opinions
c. Casting his vote
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Elements:
1. Offender uses force, intimidation, threats, or fraud
2. Purpose of the offender is to prevent any member of
the nat’l assembly from:
a. Attending the meetings of the assembly or of
any of its committees or subcommittees, con
com or committees or divisions thereof
b. Expressing his opinions
c. Casting his vote
Elements:
1. Offender is a public officer or employee
2. He arrests or searches any member of the nat’l
assembly
3. The assembly, at the time of arrest or search, is in
regular or special session
4. The member arrested or searched has not committed
a crime punishable under the Code by a penalty
higher than prision mayor
Acts Punishable:
1. Any meeting attended by armed persons for the purpose of
When there is an actual inciting, the act would
committing any of the crimes punishable under the Code. Leaders - Prision
not be punishable only as inciting to rebellion or
correccional max
inciting to sedition because in illegal assembly,
Requisites: period to Prision
“in which the audience is incited to the
1. There is a meeting, a gathering, or group of persons Mayor med period
commission of” rebellion or sedition, the persons
Illegal whether in a fixed place or moving
146 Any person liable are the organizers or leaders of, and
Assemblies 2. The meeting is attended by armed persons Participants - Arresto
persons merely present at the meeting.
3. The purpose of the meeting is to commit any of the mayor
crimes punishable under this Code.
Whereas in inciting to rebellion or to sedition, the
Armed persons -
person liable is only the one who shall incite
2. Any meeting in which the audience, whether armed or not, is Prision correccional
others.
incited to the commission of the crime of treason, rebellion or
insurrection, sedition, or assault upon a person in authority or
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his agents
Requisites:
1. There is a meeting, a gathering or a group of persons,
whether in a fixed place or moving
2. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition, or direct assault
Leaders - prision
Acts Punishable:
correccional min and
1. Totally or partially organized for the purpose of committing
Illegal med period + 200k fine
147 any of the crimes punishable under the code Any person
Association
2. Totally or partially organized for some purpose contrary to
Members - Arresto
public morals
Mayor
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agent is engaged in the actual performance of his Qualified Direct Assault:
official duties or that he is assaulted by reason of past 1. With weapon
performance 2. Offender is public officer or employee
4. Offender knows that the one he is assaulting is a 3. Offender lays hands upon a person in
person in authority or his agent in the exercise of his authority
duties
5. There is no public uprising
Elements:
1. A person in authority or his agent is the victim of any of the
Prision correccional
forms of direct assault Note: Indirect assault can be committed only
149 Indirect Assault Any person min and med period +
2. A person came to the aid of such authority or his agent when direct assault is also committed
100k fine
3. The offender makes use of force or intimidation upon such
person
Acts Punishable:
Disobedience to
1. Refusing w/o legal excuse, to obey summons
summons
2. Refusing to be sworn or placed under affirmation while being
issued by the
before such legislative or constitutional body or official
Nat’l Assembly,
3. Refusing to answer any legal inquiry or to produce books,
its committees, Arresto mayor OR 40k
150 papers, documents, or records in his possession, when Any person
by the Con to 200k fine OR both
required by them to do so in the exercise of their function
Comm, its
4. Restraining another from attending as a witness in such
committees,
legislative or constitutional body
subcommittees
5. Inducing disobedience to a summon or refusal to be sworn by
or divisions
any such body or official
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2. Offender disobeys such agent
3. Such disobedience is not of a serious nature
1. Municipal mayor
Person in Authority - directly vested with
2. Division superintendent of schools
jurisdiction to govern and execute the laws
Persons in 3. Public and private school teachers
Authority and 4. Teacher-nurse
Agent of person in authority - who, by direct
152 Agents - Who 5. President of sanitary division
provision of law or by election or by appointment
shall be deemed 6. Provincial fiscal
by competent authority, is charged with the
as such 7. Justice of peace
maintenance of public order and the protection
8. Municipal councilor
and security of life and property.
9. Barrio captain and barangay chairman
Acts Punishable:
Serious disturbance -
1. Causing any serious disturbance in a public place, office, or
Prisión correccional
establishment
min period + 200k fine
2. Interrupting or disturbing performances, functions or
Tumults and gatherings, or peaceful assemblies if the acts is not included
Tumultuous - Prision Tumultuous - caused by more than 3 persons
other in Arts. 131 and 132
153 Any person mayor who are armed or provided with means of
disturbances of 3. Making any outcry tending to incite rebellion or sedition in any
violence
public order meeting, association or public place
Outcry - Arresto Mayor
4. Displaying placards or emblems which provoke a disturbance
of public order in such place
Pomp - Arresto Menor
5. Burying with pomp the body of a person who has been legally
+ 40k fine
executed
Acts Punishable:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any
false news which may endanger the public order, or cause
damage to the interest or credit of the State
Unlawful use of
2. Encouraging disobedience to the law or to the constituted
means of
authorities or by praising, justifying or extolling any act Arresto Mayor + 40k to Note: The offender must know that the news is
154 publication and Any person
punished by law, by the same means or by words, utterances 200k fine false
unlawful
or speeches
utterances
3. Maliciously publishing or causing to be published any official
resolution or document w/o proper authority or before they
have been published officially
4. Printing, publishing, or distributing books (or causing the
same) books, pamphlets, periodicals, or leaflets which do not
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bear the real printer’s name or which are classified as
anonymous.
Acts Punishable:
1. Discharging any firearm, rocket, firecracker, or other
explosives w/in any town or public place, calculated to cause Charivari - includes a medley of discordant
alarm or danger voices, a mock serenade of discordant voices
2. Instigating or taking an active part in any charivari or other made on kettles, tins, horns etc designed to
Alarms and Arresto menor OR 40k
155 disorderly meeting offensive to another or prejudicial to public Any person annoy and insult.
Scandals fine
tranquility
3. Disturbing the public peace while wandering about at night or Note: Disturbance of serious nature falls under
while engaged in any other nocturnal amusements. Art. 153
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Art 153 is not applicable
Violence, intimidation,
bribery - Arresto
mayor max period to
Prision correccional
min period Note: Includes detention prisoners
Elements:
Delivering
1. There is a person confined in a jail or penal establishment
156 prisoners from Any person Otherwise - Arresto If the offender is a public officer who had the
2. The offender removes therefrom such person or helps the
jail mayor prisoner in his custody, he is liable for infidelity in
escape of such person
the custody of a prisoner (Art 223)
Taking guards by
surprise - same
penalties in minimum
period
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Elements:
1. Offender is a convict by final judgement
2. There is a disorder arising from:
Evasion of a. Conflagration
Service on the b. Earthquake
Additional 1/5 of the
occasion of c. Explosion
time remaining which Mutiny - implies an organized unlawful resistance
158 disorders, d. Similar catastrophe Any convict
in no case shall to a superior officer; a sedition; a revolt
conflagrations, e. Mutiny in which he has not participated
exceed 6 months
earthquakes, or 3. Offender evades the service of his sentence by leaving the
other calamities penal institution
4. Offender fails to give himself up to the authorities w/in 48 hrs
following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity
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signature or minor and lesser rays; in sinister base gules, the
stamp of the Lion Rampant of Spain; in dexter base azure, the
Chief Executive American eagle displayed proper; and
surrounding the whole is a double marginal circle
within which are the words “Republic of the
Philippines”
Elements:
Using forged 1. The Great Seal of the Republic of the Philippines was
signature or counterfeited or the signature or stamp of the Chief Executive Note: The offender under this article should not
162 Any person Prision Mayor
counterfeit seal was forged by another person be the forger
or stamp 2. The offender knew of the counterfeiting or forgery
3. He used the counterfeit sel or forged signature or stamp
Acts Punishable:
Mutilation of Mutilation - to take off part of the metal either by
1. Mutilating coins of legal currency with intent to damage or
Coins and filing it or substituting it for another metal of
defraud another Prision Correccional
164 Importation and Any person inferior quality
2. Importing or uttering such mutilated coins, with the further min period + 400k fine
Utterance of
requirement that there must be connivance with the mutilator
Mutilated Coins Note: Coins of foreign countries are not included
or importer in case of uttering
Acts Punishable:
1. Possession of coin, counterfeited or mutilated by another
person with intent to utter the same, knowing that it is false or
mutilated
Selling of false
Note: Possession of or uttering false coin does
or mutilated Elements:
165 Any person Arresto Mayor not require that the counterfeited coin is legal
coin, without 1. Possession
tender except if it is a mutilated coins
connivance 2. With intent to utter
3. Knowledge
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Elements:
1. Actually uttering
2. Knowledge
Phil Obli/Security -
Reclusion Temporal
Forging - committed by giving to a treasury or
min period + 2M fine
Forging treasury bank or any instrument payable to bearer or to
or bank notes or order the appearance of a true and genuine
Local note - Prision
other documents Acts Punishable: document
Mayor max period+
payable to 1. Forging or falsification of treasury or bank notes or other
1M fine
bearer; documents payable to bearer Falsification - Committed by erasing, substituting,
166 Any person
Importing, and 2. Importation of such false or forged obligations or notes counterfeiting, or altering by any means, the
Foreign document -
uttering such 3. Uttering such false or forged obligations or notes in figures, letters, words, or signs contained therein
Arresto Mayor med
false or forged connivance with the forgers of importers
period + 1M fine
notes and Note: Uttering forged bill must be with
documents connivance
Foreign note - Prision
Mayor min period +
400k fine
Counterfeiting, Elements:
importing and 1. There be an instrument payable to order or other documents
Prision correccional
uttering of credit not payable to bearer Note: Application of Art 167 is limited to
167 Any person med to max period +
instruments not 2. The offender either forged, imported, or uttered such instruments payable to order
1.2M
payable to instrument
bearer. 3. In case of uttering, he connived with the forger or importer
Elements:
1. Any treasury or bank note or certificate or other obligation or Note: Intent to possess is not intent to use
Illegal security payable to bearer, or any instrument payable to order
possession and or other document of credit not payable to bearer is forged or A person in possession of falsified document and
Penalty next lower in
use of false falsified by another person who makes use of the same is presumed to be
degree that that
168 treasury or bank 2. The offender knows that any of those instruments is forged or Any person material author of falsification
prescribed in 166 and
notes and other falsified
167
instruments of 3. He performs any of these acts: There is no impossible crime of forgery and
credit a. Using any of such forged or falsified instruments falsification because it’s not a crime against
b. Possessing with intent to use any of such forged or persons or property
falsified instruments
169 How forgery is Forgery includes falsification and counterfeiting Note: Also includes forgery of withdrawn or
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committed demonetized documents
Elements:
1. There be a bill, resolution or ordinance enacted or approved
Falsification of or pending approval by either house of legislature or any Note: Document must be genuine. A fabricated
Prision correccional
170 legislative provincial board or municipal council Any person or simulated legislative document is not covered
max period + 1.2M fine
documents 2. The offender alters the same by Art 170.
3. He has no proper authority therefor
4. The alteration has changed the meaning of the documents
Elements:
1. Offender is a public officer, employee, or notary public
2. He takes advantage of his official position
The offender takes advantage of his official
3. He falsifies a document by committing any of these acts:
position when:
a. Counterfeiting or using any handwriting, signature or
1. He has the duty to make or to prepare or
rubric
otherwise intervene in the preparation of
b. Causing it to appear that persons have participated in
the document
any act or proceeding when they did not in fact so
2. He has the official custody of the
participate
document when he falsifies it
c. Attributing to persons who have participated in an act
or proceeding statements other than those in fact
Falsification by Note: In falsification by making alteration or
made by them Public officer,
public officer, intercalation or including in a copy of statement,
d. Making untruthful statements in a narration of facts employee or
employee or Prision Mayor + 1M there must be a genuine document to be falsified
171 e. Altering true dates notary or
notary or fine
f. Making any alteration or intercalation in a genuine ecclesiastical
ecclesiastical In false narration of facts, it must be absolutely
document which changes its meaning minister.
minister. false and must not be a conclusion of law. There
g. Issuing in an authenticated form a document
must be intent to injure
purporting to be a copy of an original document when
no such original exists, or including in such a copy a
Wrongful intent is not essential when the
statement contrary to, or different from, that of the
document falsified is a public document
genuine original
h. Intercelating any instrument or nore relative to the
Note: There is a falsification by omission
issuance thereof in a protocol, registry, or official book
4. In case the offender is an ecclesiastical minister, falsification
In altering true dates, dates must be essential
is committed with respect to any record or document of such
character that its falsificationina may affect the civil status of
persons.
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Acts Punishable:
1. Falsification of public, official, or commercial document by a
private individual
Elements:
1. Offender is a private individual or a public officer or
employee who did not take advantage of his official
position
2. He committed any of the acts of falsification
enumerated in Art 171
3. The falsification was committed in a public or official The possessor is presumed to be the author of
or commercial document falsification
2. Falsification of private documents by any person Note: In Par 1, intent to injure is not necessary
and lack of malice or criminal intent is a defense
Elements:
1. Offender committed any of the acts of falsification, For public documents, there is a complex crime
except those in Par 7, enumerated in Art 171 of estafa and falsification
Falsification by
2. The falsifications was committed in any private
private individual Prision correccional
document Any private There is no complex crime in private documents
172 and use of med to max period +
3. The falsification cause damaged to a 3rd party or at person
falsified 1M fine
least the falsification was committed with intent to Note: In general, falsification has no attempted or
documents.
cause such damage frustrated stage
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4. The use of the false document caused damage to
another or at least it was used with intent to cause
such damage
Acts Punishable:
1. Uttering fictitious wireless, telegraph or telephone message
2. Falsifying wireless, telegraph or telephone message
Elements:
1. Offender is an officer or employee of the govt or of a
Falsification of private corp engaged in the service of sending or Falsification -
wireless, cable, receiving wireless, cable or telephone message Any officer or
Falsification - Prision
telegraph, and 2. Offender commits any of the following acts employee of
Correccional in med to
telephone a. Uttering fictitious wireless, cable, telegraph or govt or private
173 max period
messages, and telephone message corp
use of said b. Falsifying wireless, cable, telegraph or
Use - Arresto Mayor
falsified telephone message Use - any
messages person
3. Using such falsified message
Elements:
1. Accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the
persons specified in the 1st paragraph
Elements:
1. A physician or surgeon, public officer, private individual
Using false
175 issues a false certificate Any person Arresto menor
certificates
2. Offender knew that the certificate is false
3. He used the same
2 Offenses:
1. Usurpation of Authority
2. Usurpation of official functions
Elements:
1. Offender makes use of insignia, uniform or dress
Note: Wearing the uniform of an imaginary office
Illegal use of 2. The insignia, uniform, or dress pertains to an office not held
is not punishable.
179 uniforms or by the offender or to a class of persons of which he is not a Any person Arresto Mayor
insignia member
An exact imitation of the uniform is not necessary
3. Said insignia, uniform or dress is used publicly and
improperly
False testimony Elements: Death - Reclusion Note: Defendant must at least be sentenced to
180 Any person
against a 1. There be a criminal proceeding temporal correccional penalty or fine or be acquitted
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defendant 2. The offender testifies falsely under oath against the
defendant RT or RP - Prision
3. Offender who gives false testimony knows that it is false Mayor
4. The defendant against him whom the false testimony is given
is either acquitted or convicted in a final judgement Afflictive - Prision
correccional
Correccional, fine or
acquittal - Arresto
Mayor
Afflictive - Arresto
Mayor max period to
False testimony False testimony is punished not because of the effect it actually Prision Correccional
181 favorable to the produces but because of its tendency to favor or to prejudice the Any person min period + 200k
defendant defendant
Other case - Arrest
mayor
Elements:
>1M - Prision
1. The testimony must be given in a civil case
correccional min
2. The testimony must relate to the issues presented in said
period +1.2M fine
case
False testimony Note: Art. 182 is not applicable in special
182 3. Testimony must be false Any person
in civil cases <1M - Arrest mayor proceedings
4. The false testimony must be given by the defendant knowing
max period to Prision
the same to be false
correccional min
5. The testimony must be malicious and given with an intent to
period + 200k fine
affect the issues presented in said cases
Limlingan 2018-2109 || 22
3. In that statement of affidavit, the accused made a willful and Affidavit MUST be required by law
deliberate assertion of a falsehood
4. The sworn statement or affidavit containing the falsity is Subordination of perjury - committed by a person
required by law who knowingly and wilfully procures another to
swear falsely and the witness suborned does
testify under circumstances rendering him guilty
of perjury
Acts Punishable:
1. Soliciting any gift or promise as a consideration for refraining
from taking part in any public auction
Elements:
1. There be a public auction
2. Accused solicited any gift or a promise from any of its
bidders
3. Such gift or promise was the consideration for his
refraining from taking part in that public auction
4. The accused had the intent to cause the reduction of Prision correccional
the price of the thing auctioned min period and a fine
Machination in
185 Any person ranging from 10 to 15 Note: Consummated by mere solicitation
public auctions
percent of the value of
2. Attempting to cause bidders to stay away from an auction by the thing auctioned
threats, gifts, promises, or any other artifice
Elements:
1. There be a public auction
2. Accused attempted to cause the bidders to stay away
from that public auction
3. It was done by threats, gifts, promises, or any other
artifice
4. The accused had the intent to cause the reduction of
the price of the thing auctioned
Limlingan 2018-2109 || 23
Monopolies and
186 combinations in REPEALED BY RA 10667 (PHILIPPINE COMPETITION ACT)
restraint of trade
Substituting and
altering
188 trademarks,
trade names or
service marks
Unfair
competition,
fraudulent REPEALED BY RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)
registration of
trade-mark,
189 trade-name or
service mark,
fraudulent
designation of
origin, and false
description
Limlingan 2018-2109 || 24
infringer results in “likelihood of confusion” or ownership of the goods to which it is fixed
Acts Punishable:
1. Selling of goods and giving them the general appearance of
goods of another manufacturer or dealer
2. By any artifice or device, employing any other means
calculated to induce the false belief that such person is Evidence of actual fraudulent intent is not
offering the services of another who has identified such necessary - intent is inferred from the similarity in
2yrs to 5yrs
Sec Unfair services in the mind of the public the appearance of the goods
Any person imprisonment + 200k
168 Competition 3. Making any false statement in the source of trade or
fine
committing any other act contrary to good faith of a nature Note: There can be a trademark infringement w/o
calculated to discredit the goods, business or services of unfair competition
another
Elements:
1. Confusing similarity in the general appearance of the goods
2. Intent to deceive the public and defraud a competitor
Elements:
1. Likely to cause confusion or to cause mistake or to deceive
False as to the affiliation, connection or association of such person
Sec designation of with another person, or as to the origin, sponsorship or 2yrs to 5yrs
RTC have jurisdiction over violations of
169. origin and false approval of his or her goods, services, or commercial Any person imprisonment + 200k
intellectual property rights
1 description or activities by another person fine
representation 2. In commercial advertising or promotion, misrepresents the
nature, characteristics, qualities, or geographic origin of his or
her another person’s goods, services or commercial activities
Limlingan 2018-2109 || 25
190
191
REPEALED BY RA 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
192
193
Sale, trading, administration, dispensation, delivery, distribution and W/in 100m from school - maximum penalty
transportation of dangerous drugs and/or controlled precursors and Any person
essential chemicals Use of Minors or mentally incapacitated -
maximum penalty
Employees or
visitors of a
Being employees or visitors of a dangerous drug den, dive, or resort dangerous drug 12yrs 1 day to 20 years + 100k to 500k fine
den, dive, or
resort
Illegal chemicals diversion of controlled precursors and essential Precursor and essential chemical - 12 yrs, 1 day
Any person
chemicals to 20 yrs + 100k to 500k fine
Manufacture or delivery of equipment, instrument, apparatus and Manufacture/delivery - 12 yrs, 1 day to 20 yrs +
other paraphernalia for dangerous drugs and/or controlled precursors Any person 100k to 500k fine
and essential chemicals
Limlingan 2018-2109 || 27
Administering - 6months 1 day to 4yrs + 10k to
50k fine
Cultivation or culture of plants classified as dangerous drugs or are Financier - maximum penalty
Any person
sources thereof
Protector or coddler - 12 yrs, 1 day to 20 yrs +
100k to 500k fine
Unnecessary prescription of dangerous drugs Any person 12 yrs, 1 day to 20 yrs + 100k to 500k fine
Unlawful prescription of dangerous drugs Any person Life imprisonment to death + 500k to 10M fine
Limlingan 2018-2109 || 28
TITLE VI: CRIMES AGAINST PUBLIC MORALS
Prision correccional
med period OR 1k to
6k fine
Prision correccional
med period OR 1k to
Knowingly permitting any form of gambling referred to above to be 6k fine
carried on in an inhabited or uninhabited place or in any building, Any person
vessel or other means of transportation owned or controlled by him Recidivist - Prision
mayor med period +
5k to 10k fine
Limlingan 2018-2109 || 29
Knowingly permitting any form of gambling to be carried on in a place
which has a reputation of a gambling place or that prohibited Prision correccional
Any person
gambling is frequently carried on therein or in a public or govt max period OR 6k fine
building or brgy hall
Acts punishable:
1. Importing into the Philippines from any foreign place or port Prision correccional
Importation, sale any lottery ticket or advertisement med period OR 1k to
and possession 2. Selling or distributing the name in connivance with the 6k fine Note: It is not necessary that the lottery tickets be
196 of lottery tickets importer Any person genuine. It is enough that they be given the
or 3. Possessing knowingly and with intent to use, lottery tickets or Recidivist - Prision appearance of lottery tickets
advertisements advertisement mayor med period +
4. Selling or distributing the same w/o connivance with the 5k to 10k fine
importer
Official - Prision
correccional max
period + 2k fine
Financier - Prision
Correccional max
Illegal
199 REPEALED BY PD 449 Any person period + 2k fine with Note: Spectators in a cockfight are not liable
cockfighting
subsidiary
imprisonment
Limlingan 2018-2109 || 30
Any other offender -
Prision Correccional +
600-2k fine with
subsidiary
imprisonment
Limlingan 2018-2109 || 31
and edicts obscene, is to deprave or corrupt those whose
4. Selling, giving away or exhibiting films, prints, engravings, minds are open to such immoral influences, and
sculpture or literature which are offensive to morals into whose hands such a publication may fall and
also whether or not such publication or act
shocks the ordinary and common sense of men
as an indecency
Acts Punishable:
1. Having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or
herself to some lawful calling
Arresto menor + 20k
2. Loitering about public or semi-public buildings or places or
fine
trampling or wandering about the country or the streets
Art 202 is not applicable to minors
without visible means of support
Vagrants and Recidivist - Arresto
202 3. Any idle or dissolute person who ledges in houses of ill fame; Any person
Prostitutes mayor med period to Only par 1 and 2 require absence of visible
ruffians or pimps and those who habitually associate with
Prision correccional means of support
prostitutes
min period + 20k to
4. Not being included in the provisions of other articles of this
200k fine
Code, shall be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or justifiable
purpose
5. Prostitutes
Requisites:
1. Taking part in the performance of public functions in the govt
or performing in said govt or in any of its branches public
One appointed as laborer in the govt is not a
duties as an employee, agent or subordinate official of any
public officer
Who are public rank or class
203 -- --
officers 2. That his authority to take part in the performance of public
Note: But temporary performance of public
functions or to perform public duties must be
functions by a laborer makes him a public officer
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
Limlingan 2018-2109 || 32
judgement 2. He renders a judgement in a case submitted to him for disqualification Sources of unjust judgement
decision 1. Error
3. The judgement is unjust 2. Ill-will or revenge
4. The judge knows that his judgement is unjust 3. Bribery
Elements:
1. Offender is a judge
Malicious delay
2. There is a proceeding in his court
in the Prision correccional
207 3. He delays the administration of justice Judge Note: Mere delay w/o malice is not punishable
administration of min period
4. The delay is malicious that is, the delay is caused by the
justice
judge with deliberate intent to inflict damage on either party in
the case
Public officer or
Acts Punishable: officer of the
Prosecution of 1. Maliciously refraining from instituting prosecution against law who has a Crime must be proved before conviction for
Prision correccional
offenses; violators of the law duty to cause dereliction
208 min period +
negligence and 2. Maliciously tolerating the commission of offenses the prosecution
suspension
tolerance of, or to Note: Not applicable to revenue officers
Elements: prosecute,
1. Offender is a public officer or officer of the law who has a duty offenses
Limlingan 2018-2109 || 33
to cause the prosecution of, or to prosecute, offenses
2. There is a dereliction of the duties of his office, that is,
knowing the commision of the crimes, he does not cause the
prosecution of the criminal or knowing that a crime is about to
be committed, he tolerates its commission
3. The offender acts with malice and deliberate intent to favor
the violator of the law
Acts punishable:
1. Causing damage to his client, either: In #1, there must be damage to his client
a. By any malicious breach of professional duty
Betrayal of trust
b. By inexcusable negligence or ignorance In #2, damage is not necessary
by an attorney
2. Revealing any of the secrets of his clients learned by him in
209 or solicitor -
his professional capacity Procurador judicial - a person who had some
revelation of
3. Undertaking the defense of the opposing part in the same practical knowledge of law and procedure, but
secrets
case w/o the consent of his 1st client, after having undertaken not a lawyer, and was permitted to represent a
the defense of said 1st client or after having received party in a case before an inferior court
confidential information from said client
Agreeing - Prision
Acts Punishable:
Mayor med to max +
1. Agreeing to perform or by performing, inconsideration of any
fine not less than the
offer, promise, gift, or present - an act constituting a crime, in
value of gift to not less
connection with the performance of his official duties. Note: The gift or present must have a value or be
than 3x the value of
2. Accepting a gift in consideration of the execution of an act capable of pecuniary estimation
the gift
which does not constitute a crime in connection with the
performance of his official duties. A promise to give gifts and a promise to commit
Accepting - Prision
3. Agreeing to refrain or by refraining from doing something an unlawful act by a public officer will be
Correccional med
which it is his official duty to do, in consideration of gift or Public officer or sufficient in direct bribery under the first form -
210 Direct Bribery period + fine note less
promise. employee penalty is for Art 210 and the penalty for the
than 2x the value of
unlawful act
the gift
Elements:
1. Offender is a public officer or employee Note: In the second form, gift must be accepted
Refraining - Prision
2. Offender accepts an offer or promise or receives a gift or
Correccional max
present by himself or through another Direct bribery is a crime involving moral turpitude
period to Prision
3. Such offer or promise be accepted or gift or present received
mayor min period +
by public officer
fine not less than 3x
a. With a view to committing some crime
the value of such gift
b. In consideration of the execution of an act which does
Limlingan 2018-2109 || 34
not constitute a crime, but the act must be unjust
c. To refrain from doing something which it is his official
duty to do
4. The act which the offender agrees to perform or which he
executed be connected with the performance of his official
duties
Elements:
1. Offender is a public officer entrusted with law enforcement
Public officer
2. Offender refrains from arresting or prosecuting an offender
211 entrusted with Reclusion perpetua to
Qualified Bribery who has committed a crime punishable by reclusion perpetua
-A law death
and/or death
enforcement
3. The offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or present
1. Acts Punishable: Public officers 6 years, 1 month to 15 Note: Requesting or receiving gifts is not
Section 3(a)
2. Persuading, inducing, or influencing another public official to Private years + perpetual required
Limlingan 2018-2109 || 35
perform an act constituting a violation of rules and regulation individuals disqualification
or an offense in connection with the official duties of the latter It is necessary that the accused acted for
or allowing himself to be persuaded to commit such violation Public officer - + 1k to consideration and had intended to obtain
5k fine personal gain
Acts Punishable:
6 years, 1 month to 15
Directly or indirectly requesting or receiving any gift, present or other
years + perpetual
pecuniary or material benefit, for himself or for another, from any The public officer has secured or obtained, or will
disqualification
Section 3(c) person for whom the public officer, in any manner or capacity, has Public officers secure or obtain, any Government permit or
secured or obtained, any Government permit or license, in license for another person
Public officer - + 1k to
consideration for the help given or to be given, without prejudice to
5k fine
Section 13 of this act.
6 years, 1 month to 15
Public officer had or has a pending official
Acts Punishable: years + perpetual
business with a private enterprise.
Accepting or having any member of his family accept employment in disqualification
Section 3(d) Public officers
a private enterprise which has pending official business with him
Note: Only refers to private enterprise. Does not
during the pendency thereof or within 1 year after his termination. Public officer - + 1k to
include GOCCs
5k fine
Acts Punishable:
Causing any undue injury to any party, including the Government, or 6 years, 1 month to 15 Note: Public officer must act thru manifest
giving any private party any unwarranted benefits, advantage or years + perpetual partiality, evident bad faith, or gross inexcusable
preference in the discharge of his official, administrative or judicial disqualification negligence.
Section 3(e) Public officers
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and Public officer - + 1k to The last sentence is intended to make clear the
employees of offices or government corporations charged with the 5k fine inclusion of officers and employees of GOCCs
grant of licenses or permits or other concessions.
6 years, 1 month to 15
Note: It is not necessary that the public officer
Acts Punishable: years + perpetual
profited or will profit thereby.
Entering, on behalf of the Government, into any contract or disqualification
Section 3(g) Public officers
transaction manifestly and grossly disadvantageous to the same,
The act is malum prohibitum, it is the act that is
whether or not the public officer profited or will profit thereby. Public officer - + 1k to
punished by law.
5k fine
6 years, 1 month to 15
Acts Punishable: Note: Actual intervention is required.
years + perpetual
Director or indirectly having financing or pecuniary interest in any
disqualification
Section 3(h) business, contract or transaction in connection with which he Public officers The official need not dispose his shares in the
intervenes or takes part in his official capacity, or in which he is corporation as long as he does not do anything
Public officer - + 1k to
prohibited by the Constitution or by any law from having any interest. for the firm in its contract with the office.
5k fine
Acts Punishable:
Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and 6 years, 1 month to 15
which exercises discretion in such approval, even if he votes against years + perpetual
the same or does not participate in the action of the board, disqualification Note: Public officer is liable even if he vote
Section 3(i) Public officers
committee, panel or group. against the same
Public officer - + 1k to
Interest for personal gain shall be presumed against those public 5k fine
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
6 years, 1 month to 15
Acts Punishable:
years + perpetual
Knowingly approving or granting any license, permit, privilege or
disqualification Note: Requesting or receiving any gift, present or
Section 3(j) benefit in favor of any person not qualified for or not legally entitled to Public officers
benefit is not required in this provision
such license, permit, privilege or advantage, or of a mere
Public officer - + 1k to
representative or dummy of one who is not so qualified or entitled.
5k fine
Limlingan 2018-2109 || 37
6 years, 1 month to 15
Acts Punishable:
years + perpetual
Divulging valuable information of a confidential character, acquired
disqualification
Section 3(k) by his office or by him on account of his official position to Public officers
unauthorized persons, or releasing such information in advance of its
Public officer - + 1k to
authorized release date.
5k fine
Acts Punishable:
(a) Taking advantage of family or close personal relation with public
6 years, 1 month to 15
official Private
Section 4 years + perpetual
Individual
disqualification
(b) Knowingly inducing or causing any public official to commit any of
the offenses defined in Section 3 hereof.
Limlingan 2018-2109 || 38
law or resolution authored or recommended by him, continues for
thirty days after such approval to retain such interest.
1year imprisonment or
Section 7 Requirement of SALN Public Officer Within the month of January of every other year
not less than 100k fine
Acts Punishable:
1. Entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud the
Note: The public officer must act in his official
Government, in dealing with any person with regard to
capacity
furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
It is not necessary that the gov’t is actually
property or funds
defrauded, it is sufficient that the public officer
who acted in his official capacity had the intent to
Elements: Prision correccional
Frauds against defraud the gov’t
1. Offender is a public officer med period to Prision
the public Public officer or
213 2. He should have taken advantage of his office Mayos min period OR
treasury and employee Mere demand for larger or different amount is
3. He entered into an agreement with any interested 40k - 2M fine OR
similar offenses sufficient to consummate illegal exaction
party or speculator or made use of any other scheme BOTH
with regard to:
When there is deceit in demanding greater fees
a. Furnishing supplies
than those prescribed by law, the crime is estafa
b. Making contracts
and not illegal exaction
c. The adjustment or settlement of accounts
relating public property or funds
Officers of BIR are not covered by this article
4. Accused had intent to defraud the Government
Elements:
1. Offender is a public officer
2. He takes advantage of his official position
3. He commits any of the frauds or deceits enumerated in Art
315 to 318
Article 315:
1. With unfaithfulness or abuse of confidence, namely:
Limlingan 2018-2109 || 40
(a) By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or imaginary
transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art
or business.
Art 316:
1. Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.
Limlingan 2018-2109 || 41
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by him,
when in fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil
action, without express authority from the court or before the cancellation of
his bond or before being relieved from the obligation contracted by him,
shall sell, mortgage, or, in any other manner, encumber the real property or
properties with which he guaranteed the fulfillment of such obligation.
Art 318:
Any person who, for profit or gain, shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the credulity of the public in any other
similar manner
Limlingan 2018-2109 || 42
Public Officer intervene arbitrators and period OR 40k - 200k
2. Experts, arbitrators, and private accountants who, in like private Fine OR BOTH
manner, took part in any contract or transaction connected accountants
with the estate or property in the appraisal, distribution or Guardians and
adjudication of which they had acted executors
3. Guardians and executors with respect to the property
belonging to their wards or the estate
Elements:
Failure of
1. The offender is a public officer, whether in the service or Prision Correccional Note: Demand for accounting is not necessary
accountable Public officer or
218 separated therefrom min period OR 40k to
officer to render employee
2. He must be an accountable officer for public funds or property 1.2M fine OR BOTH Misappropriation is not necessary
accounts
3. He is required by law or regulation to render accounts to the
Limlingan 2018-2109 || 43
COA or to a provincial auditor
4. He fails to do so for a period of 2 months after such accounts
should be rendered
Failure of a Elements:
responsible 1. Offender is a public officer
public officer to 2. He must be an accountable officer for public funds or property Public officer or Arresto Mayor OR 40k The act of leaving the country must be
219
render accounts 3. He must have unlawfully left (or be on the point of leaving) employee to 200k fine OR BOTH unauthorized or not permitted by law
before leaving the Philippines w/o securing from COA a certificate showing
the country that his accounts have been finally settled
Prision Correccional
Elements: min period OR fine
1. Offender is a public officer ranging from ½ of the
2. There is public fund or property under his administration total value of the sum
Illegal use of Note: There is no technical malversation if there
3. Such public fund or property has been appropriated by law or Public officer or misapplied if there is
220 public funds or is no law or ordinance appropriating public funds
ordinance employee damage
property or property for a particular purpose
4. He applies the same to a public use other than that for which
such fund or property has been appropriated by law or If no damage, 5 to
ordinance 50% of the sum
misapplied
Acts Punishable:
1. Failing to make payment by a public officer who is under
obligation to make such payment from Government funds in
his possession
Acts Punishable: Public officers Note: Purpose of Art 222 is to extend the
Officers included
1. Private individuals who, in any capacity whatever, have or employee, provisions of this code to private individuals
222 in the preceding
charge of any national, provincial or municipal funds, revenue Private
provisions
or property individuals Sheriffs and receivers fall under the term
Limlingan 2018-2109 || 44
2. Administrator or depository of funds or property, attached, administrator but judicial administrator is not
seized or deposited by public authority, even if such property covered by this article
belongs to a private individual
Final Judgement -
Prision Correccional
med to max period +
Elements: temporary special Note: Leniency or laxity is not infidelity as long as
1. Offender is a public officer disqualification max the prisoner is still duly guarded
Conniving with
2. He had in his custody or charge, a prisoner, either detention Public officer or period to perpetual
223 or consenting to
prisoner or prisoner by final judgement employee special disqualification However, relaxation of imprisonment to the point
evasion
3. Such prisoner escaped from his custody that the penalty is ineffectual is considered
4. He was in connivance with the prisoner in the latter’s escape Detention - Prision infidelity
Correccional min
period + temporary
special disqualification
Elements:
1. Offender is a private person
Escape of
2. The conveyance or custody of a prisoner or person under
prisoner under
arrest is confided to him Arrest Menor to
225 the custody of a Private person
3. Prisoner or person under arrest escapes Arresto Mayor
person not a
4. The offender consents to the escape of the prisoner or
public officer
person under arrest, or that the escape takes place through
his negligence
Acts Punishable: Serious - Prision For Act 1, secrets must affect public interests
Revelation of
1. Revealing any secrets known to the offending officer by Public officer or Correccional med to and does not include secrets of private persons.
229 secrets by an
reason of his official capacity employee max period +
officer
Elements: perpetual special This article does not also include confidential
Limlingan 2018-2109 || 46
1. Offender is a public officer disqualification + 400k secrets covered by Art 117 (Espionage)
2. He knows of a secret by reason of his official capacity fine
3. He reveals such secret w/o authority or justifiable Note: There must be damage to public interest
reasons Not Serious - Prision
4. Damage, great or small, be caused to the public Correccional min
interest period + temporary
special disqualification
2. Delivering wrongfully papers or copies of papers of which he + 100k fine
may have charge and which should not be published
Elements:
1. Offender is a public officer
2. He has charge of papers
3. Those papers should not be published
4. He delivers those papers or copies thereof to a third
person or copies thereof to a third person
5. The delivery is wrongful
6. Damage is caused to public interest
Elements:
1. Offender is a judicial or executive officer
Arresto Mayor med
2. There is a judgement, decision or order of a superior authority
period to Prision
3. Such judgement, decision or order was made within the Judicial or
Open Correccional min
231 scope of the jurisdiction of the superior authority and issued Executive
disobedience period + temporary
with all the legal formalities Officer
special disqualification
4. The offender w/o any legal justification openly refuses to
max period + 200k fine
execute the said judgement, decision or order, which he is
duty bound to obey
Disobedience to Elements: Public officer or Prision Correccional This article does not apply if the order of the
232
order of superior 1. Offender is a public officer Employee min to med period + superior is illegal
Limlingan 2018-2109 || 47
officer, when 2. An order is issued by his superior for execution perpetual special
said order was 3. He has for any reason suspended the execution of such order disqualification Officer will only be liable after the superior
suspended by 4. His superior disapproves the suspension of the execution reiterates the order
inferior officer 5. Offender disobeys his superior despite the disapproval of
suspension
Serious damage -
Arresto Mayor med
period to Prision
Elements:
Correccional min
1. Offender is a public officer Note: There must be a demand from competent
period + perpetual
Refusal of 2. A competent authority demands from the offender that he Public officer or authority
233 special disqualification
assistance lend his cooperation towards the administration of justice or Employee
+ 200k fine
other public service Damage to public interest is essential
3. The offender fails to do so maliciously
Not Serious - Arresto
Mayor med to max
period + 100k fine
Elements:
1. Offender is elected by popular election to public office
Refusal to
2. He refuses to be sworn in or to discharge the duties of said Arresto Mayor OR
234 discharge Elected official Note: Not applicable to appointive officer
office 200k fine OR BOTH
elective office
3. There is no legal motive for such refusal to be sworn in or to
discharge the duties of said office
Elements:
1. Offender is a public officer or employee For letter a - Prision
2. He has under his charge a prisoner or detention prisoner Correccional med
3. He maltreats such prisoner in either of the following manners: period to Prision
Offended party must be a convict or detention
a. By overdoing himself in the correction or handling of a Mayor min period
prisoner
Maltreatment of prisoner or detention prisoner under his charge either: Public officer or
235
prisoners i. By the imposition of punishments not employee For letter b - Prision
Offender may also be liable for physical injuries
authorized by the regulations or; Mayor min period +
or damage caused
ii. By inflicting such punishment (those temporary special
authorized) in a cruel and humiliating manner disqualification + 100k
b. By maltreating such prisoner to extort confession or to fine
obtain some information from the prisoner
Arresto Mayor
Elements:
Title 1,3 - Prision
1. Offender is a public officer
Abandonment of Public officer or Correccional min to Note: There must be a written or formal
238 2. He formally resigns from his position
office or position employee med periods resignation
3. His resignation has not yet been accepted
4. He abandons his office to the detriment of the public service
Other crimes - Arresto
Mayor
Elements:
1. Offender is an executive or judicial officer Prision Correccional
Usurpation of 2. He either : Judicial or min period +
239 legislative a. Makes general rules or regulations beyond the scope Executive temporary special
powers of his authority Officer disqualification + 200k
b. Attempts to repeal a law fine
c. Suspends the execution thereof
Elements:
1. Offender is a judge
Arresto Mayor med
Usurpation of 2. He either: Note: Legislative officers are not liable under this
period to Prision
240 executive a. Assumes a power pertaining to the executive Judge article. They are liable under Art 177 (Usurpation
Correccional min
functions authorities of authority or official functions)
period
b. Obstructs the executive authorities in the lawful
exercise of their powers
Elements: Arresto Mayor med The purpose of Art 239-241 is to maintain the
Usurpation of Executive
241 1. Offender is an officer of the executive branch of the gov’t period to Prision separation of powers and independence of the
judicial functions officer
2. He either: Correccional min three great branches of gov’t
Limlingan 2018-2109 || 49
a. Assumes judicial powers period
b. Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
Elements:
1. Offender is a public officer
2. A proceeding is pending before such public officer
Disobeying Note: The disobedient public officer is liable even
3. There is a question brought before the proper authority Arresto Mayor + 100k
242 request for Public officer if the jurisdictional question is resolved in his
regarding his jurisdiction, which is not yet decided fine
disqualification favor
4. He has been lawfully required to refrain from continuing the
proceeding
5. He continues the proceeding
Elements:
Orders or Purpose of this article is to maintain the
1. Offender is an executive officer
requests by independence of the judiciary
2. He addresses any order or suggestion to any judicial Executive Arresto Mayor + 100k
243 executive
authority officer fine
officers to any Note: Legislative or judicial officers are not liable
3. That the order or suggestion relates to any case or business
judicial authority under this article
coming within the exclusive jurisdiction of the courts of justice
Elements:
1. Offender is a public officer Note: Recommendation is not punishable
2. He nominates a person to a public office
Unlawful Arresto Mayor + 200k
244 3. Such person lacks the legal qualification therefor Public officer There must be a law providing for the
appointments fine
4. The offender knows that his nominee or appointee lacks the qualifications of a person to be nominated or
qualifications at the time he made the nomination or appointed
appointment
Acts Punishable:
1. Soliciting or making immoral or indecent advances to a For #1, 2 - Prision
Note: The mother of the person in custody is not
woman interested in matters pending before the offending Correccional med to
included
officer for decision, or with respect to which he is required to max period +
submit a report to or consult with a superior officer temporary special
Solicit - propose earnestly and persistently
2. Soliciting or making immoral or indecent advances to a disqualification
Abuse against something unchaste and immoral to a woman
245 woman under the offender’s custody Public officer
chastity
3. Soliciting or making immoral or indecent advances to the For #3 - Prision
The crime is consummated by mere proposal
wife, daughter, sister or relative within the same degree by Correccional min to
affinity of any person in the custody of the offending warden med period +
Proof of solicitation is not necessary when there
or officer temporary special
is sexual intercourse
disqualification
Elements:
Limlingan 2018-2109 || 50
1. Offender is a public officer
2. He solicits or makes immoral to a woman
3. That such woman is any of the mentioned above
Limlingan 2018-2109 || 51
Art Crime Elements/Acts Persons Penalty Notes
Limlingan 2018-2109 || 52
2. The accused killed him actions and weapon of the accused as well as the
3. The killing was attended by any of the following qualifying part of the body of the victim which was attacked
circumstances:
a. Treachery, taking advantage of superior strength, aid However, killing a person with treachery is murder
even if there is no intent to kill
of armed men, employing means to weaken the
defense or of means or persons to insure or afford Rules for the application of the qualifying
impunity circumstances:
b. Price, reward or promise 1. Murder will exist with only 1 of the qc; others
c. By means of inundation, fire, poison, explosion, must be considered aggravating
shipwreck, stranding of a vessel, derailment or assault 2. When other qc is absorbed by another, they
upon a streetcar or locomotive, fall of an airship, by cannot be a generic aggravating
means of motor vehicles, or with the use of any other 3. Any of the qc MUST be alleged in the
means involving great waste and ruin information
d. On occasion of any of the calamities enumerated in
Treachery - sudden and unexpected and the victim
the preceding paragraph, or of an earthquake,
was not in a position to defend themselves. Must be
eruption of a volcano, destructive cyclone, epidemic or consciously adopted by the offender
other public calamity
e. Evident premeditation Note: Killing a child of tender years is murder even if
f. With cruelty, by deliberately and inhumanly the manner of attack is not shown because treachery
augmenting the suffering of the victim, or outraging or exist
scoffing at his person or corpse
4. Killing is not parricide or infanticide In the aid of armed men, the armed men must take
part in the commission of the crime directly or
indirectly and the accused must avail himself of their
aid or rely upon them when the crime is committed
Limlingan 2018-2109 || 53
his victim
2. An act of the offender manifestly indicating
that he clung to his determination to kill the
victim
3. Sufficient lapse of time (at least 3hrs)
Limlingan 2018-2109 || 54
in a confused and tumultuous manner med to max period common purpose to attack
4. Someone was killed in the course of the affray
5. It cannot be ascertained who actually killed the deceased
6. The person or persons who inflicted serious physical injuries
or who used violence can be identified
Elements:
1. There is a tumultuous affray as referred to in the preceding Note: The injured party in the crime of physical
article injuries inflicted in a tumultuous affray must be
Physical injuries
2. A participant or some participants thereof suffer serious one or some of the participants in the affray
inflicted in a Arresto Mayor 5-15
252 physical injuries or physical injuries of a less serious nature Any person
Tumultuous days
only Only those who used violence is liable
Affray
3. The person responsible thereof cannot be identified
4. All those who appear to have used violence upon the person Slight physical injuries is excluded
of the offended party are known
Acts Punishable:
1. Using any violence upon the person of a pregnant woman
2. Acting, but w/o using violence, w/o the consent of the woman
(by administering drugs or beverages)
Violence - Reclusion
3. Acting, w/ consent of the pregnant woman (by administering
Temporal
drugs or beverages)
Abortion, not infanticide, was committed if the
Intentional W/o Consent - Prision
256 Elements: Any person foetus could not sustain an independent life after
Abortion Mayor
1. There is a pregnant woman its separation from the maternal womb
2. Violence is exerted, or drugs or beverages administered, or
W/ Consent - Prision
that the accused otherwise acts upon such pregnant woman
Correccional
3. As a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the foetus dies, either in
the womb or after having expelled therefrom
4. Abortion is intended
A, B, C - Prision
Note: Only the woman or any of her parents is
Elements: Correccional med to
Abortion liable under this Article, if the purpose of the
1. There is a pregnant woman who has suffered an abortion max period
Practiced by the Pregnant latter is to conceal her dishonor
2. The abortion is intended
258 Woman Herself Woman or her
3. The abortion is caused by: Woman to conceal
or by Her Parents There’s no mitigation for parents of pregnant
a. Pregnant woman herself dishonor - Prision
Parents woman even if the purpose is to conceal her
b. Any other person, with her consent Correccional min to
dishonor unlike in infanticide
c. Any of her parents, with her consent for the purpose med period
Limlingan 2018-2109 || 56
of concealing her dishonor
Elements:
1. There is a pregnant woman who has suffered an abortion
2. The abortion is intended
Abortion 3. The offender, who must be a physician or midwife, causes or Physician, Midwife - Note: It is NOT necessary that the pharmacist
Practiced by a assists in causing, the abortion Penalties in Art 256 in knows that the abortive would be used to cause
Physician,
Physician or 4. Said physician or midwife takes advantage of his or her max period an abortion
259 Midwife,
Midwife and scientific knowledge or skill
Pharmacist
Dispensing of Pharmacist - Arresto What is punished is the dispensing of abortive
Abortives Elements as to Pharmacists: Mayor + 100k fine w/o proper prescription from a physician
1. Offender is a pharmacist
2. There is no proper prescription from a physician
3. The offender dispenses any abortive
Limlingan 2018-2109 || 58
Note: If the scar is usually covered by dress or
clothes, it would not be conspicuous and visible
Arresto Mayor
Qualifying Circumstances:
Elements:
Insult - Arresto Mayor 1. There is a manifest intent to insult or
1. Offended party is incapacitated for labor for 10 days or more
Less Serious + 50k fine offend the injured person
265 or needs medical attendance for the same period of time Any person
Physical Injuries 2. Victim is the offender’s parents,
2. The physical injuries must not be those described in the
Parents, Authority - ascendants, guardians, curators, or
preceding articles
Prision Correccional teachers
min to med period 3. Victim is persons of rank or persons in
Limlingan 2018-2109 || 59
authority, provided the crime is not direct
assault
Acts Punishable: Act 1 - Arrest Menor When there is no evidence of actual injury, it is
1. Incapacitating the offended party for labor from 1-9 days or only slight physical injuries
Slight Physical required medical attendance during the same period Act 2 - Arresto Menor
266 Injuries and 2. Physical injuries which did not prevent the offended party Any person OR 40k fine Supervening event converting the crime into
Maltreatment from engaging in his habitual work or which did not require serious physical injuries after the filing of the
medical attendance Act 3 - Arrest Menor information for slight physical injuries can still be
3. Ill-treatment of another deed w/o causing any injury min period OR 5k fine subject of a new charge
RA 9262: Anti-Violence Act Against Women and Their Children Act of 2004
Acts Punishable: (a) Acts falling under Violence against women and their children - any
a. Causing physical harm to the woman or her child Section 5(a) act or a series of acts committed by any person
b. Threatening to cause the woman or her child physical harm constituting attempted, against a woman who is his wife, former wife, or
c. Attempting to cause the woman or her child physical harm frustrated or against a woman with whom the person has or
d. Placing the woman or her child in fear of imminent physical consummated had a sexual or dating relationship, or with whom
harm parricide or murder or he has a common child, or against her child
e. Attempting to compel or compelling the woman or her child to homicide whether legitimate or illegitimate, within or
Sec 5 engage in conduct which the woman or her child has the right Any person without the family abode, which result in or is
to desist from or desist from conduct which the woman or her Acts falling under likely to result in physical, sexual, psychological
child has the right to engage in, or attempting to restrict or Section 5(b) shall be harm or suffering, or economic abuse including
restricting the woman's or her child's freedom of movement or punished by threats of such acts, battery, assault, coercion,
conduct by force or threat of force, physical or other harm or imprisonment of two harassment or arbitrary deprivation of liberty
threat of physical or other harm, or intimidation directed degrees lower than the
against the woman or child. This shall include, but not limited prescribed penalty for Physical Violence - acts that include bodily or
to, the following acts committed with the purpose or effect of the consummated physical harm
Limlingan 2018-2109 || 60
controlling or restricting the woman's or her child's movement crime as specified in
or conduct: the preceding Sexual violence - an act which is sexual in
i. Threatening to deprive or actually depriving the paragraph but shall in nature, committed against a woman or her child
woman or her child of custody to her/his family; no case be lower than a. rape, sexual harassment, acts of
ii. Depriving or threatening to deprive the woman or her arresto mayor. lasciviousness, treating a woman or her
children of financial support legally due her or her child as a sex object, making demeaning
family, or deliberately providing the woman's children (b) Acts falling under and sexually suggestive remarks,
insufficient financial support; Section 5(c) and 5(d) physically attacking the sexual parts of
iii. Depriving or threatening to deprive the woman or her shall be punished by the victim's body, forcing her/him to watch
child of a legal right; arresto mayor; obscene publications and indecent shows
iv. Preventing the woman in engaging in any legitimate or forcing the woman or her child to do
profession, occupation, business or activity or (c) Acts falling under indecent acts and/or make films thereof,
controlling the victim's own money or properties, or Section 5(e) shall be forcing the wife and mistress/lover to live
solely controlling the conjugal or common money, or punished by prision in the conjugal home or sleep together in
properties; correccional; the same room with the abuser;
f. Inflicting or threatening to inflict physical harm on oneself for b. acts causing or attempting to cause the
the purpose of controlling her actions or decisions (d) Acts falling under victim to engage in any sexual activity by
g. Causing or attempting to cause the woman or her child to Section 5(f) shall be force, threat of force, physical or other
engage in any sexual activity which does not constitute rape, punished by arresto harm or threat of physical or other harm
by force or threat of force, physical harm, or through mayor; or coercion;
intimidation directed against the woman or her child or her/his c. Prostituting the woman or child.
immediate family (e) Acts falling under
h. Engaging in purposeful, knowing, or reckless conduct, Section 5(g) shall be Psychological violence - acts or omissions
personally or through another, that alarms or causes punished by prision causing or likely to cause mental or emotional
substantial emotional or psychological distress to the woman mayor; suffering of the victim such as but not limited to
or her child. This shall include, but not be limited to, the intimidation, harassment, stalking, damage to
following acts: (f) Acts falling under property, public ridicule or humiliation, repeated
i. Stalking or following the woman or her child in public Section 5(h) and verbal abuse and mental infidelity. It includes
or private places; Section 5(i) shall be causing or allowing the victim to witness the
ii. Peering in the window or lingering outside the punished by prision physical, sexual or psychological abuse of a
residence of the woman or her child; mayor. member of the family to which the victim belongs,
iii. Entering or remaining in the dwelling or on the or to witness pornography in any form or to
property of the woman or her child against her/his will; fine in the amount of witness abusive injury to pets or to unlawful or
iv. Destroying the property and personal belongings or not less than One unwanted deprivation of the right to custody
inflicting harm to animals or pets of the woman or her hundred thousand and/or visitation of common children.
child; and pesos (P100,000.00)
v. Engaging in any form of harassment or violence; but not more than Economic abuse - acts that make or attempt to
i. Causing mental or emotional anguish, public ridicule or three hundred make a woman financially dependent which
humiliation to the woman or her child, including, but not thousand pesos includes, but is not limited to the following:
limited to, repeated verbal and emotional abuse, and denial of (300,000.00)
Limlingan 2018-2109 || 61
financial support or custody of minor children of access to the 1. withdrawal of financial support or preventing
woman's child/children the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
Acts Punishable: Act 1 refers to the contact of the male penis with
1. Rape by Sexual Intercourse a woman’s vagina.
Limlingan 2018-2109 || 63
proven by the overt act of the accused
Aggravating Circumstances:
Act 1 - Reclusion Perpetua 1. Under 18 y/o and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity w/in the 3rd civil
Deadly Weapon / 2 or more persons - Reclusion Perpetua
degree or the common law spouse of the
parent of the victim
Victim becomes Insane - Reclusion Perpetua 2. Victim is under custody of the police or
military authorities or any law enforcement or
Attempted w/ Homicide - Reclusion Perpetua penal institution
3. Rape is committed in full view of the spouse,
Homicide - Death (but no death anymore so Reclusion Perpetua) parent, any of the children or other relatives
w/in the 3rd civil degree of consanguinity
Aggravating - Death (but no death anymore so Reclusion Perpetua) 4. Victim is a religious engaged in legitimate
religious vocation or calling and is personally
266 known to the offender
Penalties Act 2 - Prision Mayor 5. Child below 7 y/o
-B
6. Offender knows that he is afflicted w/ HIV or
Act 2 w/ Deadly weapon or 2 more persons - Prision Mayor to AIDS or any other STD and the virus or
Reclusion Temporal disease is transmitted to the victim
7. Committed by any member of the AFP or
Act 2 Insane - Reclusion Temporal paramilitary units therefor the PNP or any law
enforcement agency or penal institution, when
Act 2 attempted w/ homicide - Reclusion Temporal to Reclusion the offender took advantage of his position to
Perpetua facilitate the commission of the crime
8. Victim suffered permanent mutilation or
disability
Act 2 w/ Homicide - Reclusion Perpetua
9. Offender knew of the pregnancy of the victim
10. Offender knew of the mental disability,
Act 2 w/ Aggravating - Reclusion Temporal emotional disorder, and/or physical handicap
of the offended party
1. Marriage extinguishes not only the penal action but also the
penalty that may be imposed
- Extinguishes action only as to the person marrying the
266 victim.
Effect of Pardon
-C - It also does not extinguish penal action in multiple
rape as to the other penal action of other of which he
is a co-principal
2. Forgiveness by wife if the legal husband is the offender
Limlingan 2018-2109 || 64
Evidence which may be accepted in the prosecution of rape:
1. Any physical overt act manifesting resistance from the
266
Presumption offended party
-D
2. Where the offended party is so situated as to render him/her
incapable of giving consent
Limlingan 2018-2109 || 65
2. Victim is killed
3. Victim is raped
4. victim is subjected to torture or dehumanizing
acts
Limlingan 2018-2109 || 66
Note: The minor should not leave his home of his
own free will
Elements:
1. Offender retains a minor to his service
Note: Service of minor must be against his will
Exploitation of 2. It is against the will of the minor Prision Correccional +
273 Any person
Child Labor 3. It is under the pretext of reimbursing himself of a debt 500 fine
Indebtedness is not a ground for detention
incurred by an ascendant, guardian, or person entrusted with
the custody of such minor
Acts Punishable:
1. Failing to render assistance to any person whom the offender
finds in an uninhabited place wounded or in danger of dying
Note: Act 2 applied only when someone is
Abandonment of when he can render such assistance w/o detriment to himself,
accidentally injured, not if intentional
Persons in unless such omission shall constitute a more serious offense
Danger and
275 Any person Arresto Mayor It is immaterial that the offender did not know that
Abandonment of Elements:
the child is under 7 y/o
One’s Own a. Place is uninhabited
Victim b. Accused found there a person wounded or in danger
This article also applies to lost children
of dying
c. The accused can render assistance w/o detriment to
himself
d. Accused fails to render assistance
Limlingan 2018-2109 || 67
2. Failing to help or render assistance to another whom the
offender has accidentally wounded or injured
3. Failing to deliver a child, under 7 y/o of age whom the
offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place
Acts Punishable:
1. Delivering a minor to a public institution or other persons w/o
Rear - to bring to maturity by educating,
the consent of the one who entrusted such minor to the care
nourishing, etc
of the offender or, in the absence of that one, w/o the consent
of the proper authorities
Note: Under Act 1, only the person charged w/
Abandonment of the rearing or education of the minor is liable
Elements:
Minor by Person
a. Offender has charge of the rearing or education of a
Entrusted with Arresto Mayor + 100k Minor here is under 21 y/o
277 minor Any person
His Custody; fine
b. He delivers said minor to a public institution or other
Indifference of Obligation to educate children terminates if
persons
Parents mother and children refuse w/o good reason to
c. Without the consent of the one who entrusted such
live with the accused
child to offender or by proper authorities
Failure to give education must be due to
2. Neglecting his children by not giving them the education
deliberate desire to evade such obligation
which their station in life requires and financial condition
permits
Limlingan 2018-2109 || 68
Elements:
a. Offender is parent
b. He neglects his children by not giving them education
c. His station in life requires such education and his
financial condition permits it
Acts Punishable:
1. Causing any child under 16 y/o to perform any dangerous
feat of balancing, physical strength or contortion, the offender
being any person
2. Employing children under 16 y/o who are not children or
descendants of the offender in exhibitions of acrobat,
gymnast, ropewalker, diver, or wild-animal tamer, the
offender being an acrobat etc or circus manager or persons
engaged in the same calling Circumstance Qualifying the Offense: If the
3. Employing any descendant under 12 y/o in dangerous delivery under Act 4 is made in consideration of
Prision Correccional
Exploitation of exhibitions mentioned above, the offender being engaged in any price, compensation, or promise
278 Any person min to med period +
Minors such.
100k fine
4. Delivering a child under 16 y/o gratuitously to any person Exploitation of minor must refer to any act
following any of the above callings or to any habitual vagrant endangering the life or safety of the minor
or beggar, the offender being an ascendant, guardian,
teacher, or person entrusted in any capacity with the care of
such child
5. By inducing any child under 16 y/o to abandon the home of its
ascendants, guardians, curators or teachers to follow any
person engaged in any of the callings above or to accompany
any habitual vagrant or beggar, the offender being any
person
Additional
279 penalties for
other offenses
Limlingan 2018-2109 || 69
To commit trespass, the entrance should be against
the presumed or expressed prohibition of the
occupant.
Elements:
1. Offender enters the closed premises or the fenced estate of
another
Other Forms of Arresto Menor OR 40k
281 2. The entrance is made while either of them is uninhabited Any person Premises - signifies distinct and definite locality
Trespass fine OR BOTH
3. The prohibition to enter be manifest
4. The trespasser has not secured permission of the owner or
the caretaker thereof
Limlingan 2018-2109 || 70
another condition, even though not unlawful, and the offender Circumstance Qualifying the Offense: If the
attained his purpose threat is made in writing or through a middleman
Bond for Good The person committing grave and light threats may also be required
284 Any person Destierro
Behavior to give bail not to molest the person threatened, failure of which will
result to destierro
Limlingan 2018-2109 || 71
Acts Punishable:
1. Threatening another with a weapon or by drawing such
Note: There should be no demand for money
weapon in a quarrel unless it be in lawful self-defense
Other Light 2. Orally threatening another in the heat of anger with some Arresto Menor OR 40k
285 Any person Threats which ordinarily are grave threats, if
Threats harm constituting a crime w/o persisting in the idea involved fine
made in the heat of anger, may be other light
in his threats
threats
3. Orally threatening to do another any harm not constituting a
felony
Limlingan 2018-2109 || 72
Note: Offender must be a creditor of the offended
party
Acts Punishable:
1. Forcing or compelling, directly or indirectly, or knowingly
permitting the forcing or compelling of the laborer or
employee of the offender to purchase merchandise or
commodities of any kind from him
Elements:
a. Offender is any person, agent or officer of any As a general rule, the use of tokens, promissory
association or corporation notes, vouchers, coupons, or any other form
Other similar Arresto Mayor OR 40k
288 b. He or such firm or corporation has employed laborers Any person alleged to represent legal tender is absolutely
coercions to 100k fine OR BOTH
or employees prohibited even when expressly requested by the
c. He forces or compels, directly or indirectly, or employee
knowingly permits him to be forced or compelled, any
of his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation
Limlingan 2018-2109 || 73
Philippines, unless expressly requested by such laborer or
employee
Elements:
1. Offender pays the wages due a laborer employee
employed by him by means of tokens or objects
2. Those tokens or objects are other than the legal
tender currency of the Philippines
3. Such employee or laborer does not expressly request
that he be paid by means of tokens or objects
Formation,
Maintenance, Elements: Note: The act should not be a more serious
and Prohibition 1. Offender employs violence or threats in such a degree as to offense
of Combination compel or force the laborers or employees in the free and Arresto Mayor + 60k
289 Any person
of Capital or legal exercise of their industry or work fine Peaceful picketing is not prohibited but
Labor through 2. The purpose is to organize, maintain or prevent coalitions of employing violence or making threat by picketers
Violence or capital or labor, strike of laborers or lockout of employers may make them liable for coercion
Threats
Limlingan 2018-2109 || 74
capacity It MUST be revealed. If the offender does not
3. He reveals such secrets reveal the secrets, the crime is not commited
Elements:
Secrets must relate to the manufacturing process
1. Offender is a person in charge, employee, or workman of a
and MUST be revealed by the offender to
Revelation of manufacturing or industrial establishment Prision Correccional
Private consummate the crime
292 Industrial 2. The manufacturing or industrial establishment has a secret of min to med period +
Individual
Secrets the industry which the offender has learned 100k fine
Note: Prejudice is an essential element of the
3. The offender reveals such secrets
offense
4. Prejudice is caused to the owner
Limlingan 2018-2109 || 75
2. With force upon things
- The thing must be taken out of the
building to consummate the crime
Note: The use of force upon things will NOT make the
taking robbery if the culprit NEVER ENTERED the
house or building except if it’s committed by breaking
wardrobes, chests, etc.
Acts Punishable: Homicide, Rape - This article defines a special complex crime thus, Art
1. By reason or on occasion of the robbery, homicide is Reclusion Perpetua 48 does not apply
committed
2. Robbery is accompanied by rape or intentional mutilation or Insanity, Blind - Note: “On the occasion” and “by reason” means it
arson Reclusion Temporal must be committed in the course or because of the
Robbery with 3. By reason or on occasion of such robbery, insanity, imbecility, med period to robbery. It will be separate offenses if not such so.
Violence or impotency, or blindness is inflicted Reclusion Perpetua
294 Any person
Intimidation of 4. By reason or on occasion of such robbery, physical injuries ROBBERY WITH HOMICIDE
Persons resulting in the loss of the use of speech, or the power to hear Principal Parts - Homicide includes parricide and murder
or to smell or the loss of the use of an eye, a hand, a foot, an Reclusion Temporal - NOT limited to a singular death, multiple
arm, or a leg or the use of any such member or incapacity for deaths are merged in the composite offense
work in which the injured person is therefore habitually Unnecessary Violence of robbery with homicide so long as all the
engaged is inflicted - Prision Mayor max killings were perpetrated by reason or on
5. The violence or intimidation employes in the commision of the period to Reclusion occasion of the robbery
Limlingan 2018-2109 || 76
robbery is carried to a degree clearly unnecessary for the Temporal med period
commission of the crime When committed in a dwelling, robbery with homicide
6. In the course of its execution, the offender shall have inflicted Other - Prision does NOT require that robbery with force upon things
upon any person not responsible for the commission of the Correccional max is first committed. This need not be committed in a
building either
robbery any of the physical injuries in which the person period to Prision
becomes deformed or loses any other member of his body or Mayor med period Intent to take personal property belonging to another
loses the use thereof or becomes ill or incapacitated for the with intent to gain MUST precede the killing
performance of the work in which he is habitually engaged for
more than 90 days or the person becomes ill or incapacitated Killing a person to escape after the commission of
for more than 30 days robbery is robbery with homicide
7. The violence employed by the offender does not cause any
serious physical injuries or if the offender employs The crime is still robbery with homicide even if the
intimidation only person killed was NOT the person who was robbed
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and physical injuries
Requisites:
1. Any of the physical injuries defined in Par 3 &
4, Art 263 was inflicted in the course of the
robbery
2. Any of them was inflicted upon any person
NOT responsible for the commission of the
robbery
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Band, or with manner taking the passengers thereof by surprise in the
the Use of respective conveyances This article does not apply to:
Firearm on a 5. On a street, road, highway or alley and the intimidation is 1. When homicide is also committed
Street, Road or made with the use of firearms, the offender shall be punished 2. Robbery is accompanied by rape,
Alley by the maximum periods of the proper penalties intentional mutilation, or arson
3. Insanity, imbecility, impotency or
blindness is inflicted
Attempted and When by reason or on occasion of an attempted or frustrated robbery Note: The penalty is the same, whether the
Reclusion Temporal
Frustrated a homicide is committed, the person guilty of such offenses shall be robbery is attempted or frustrated
297 Any person max period to
Robbery punished by reclusion temporal in its maximum period to reclusion
Reclusion Perpetua
Committed perpetua, unless the homicide committed shall deserve a higher If there is treachery in the killing, the charge
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under Certain penalty under the provisions of this Code. should be murder or parricide because it is more
Circumstances severe
Execution of Elements:
Note: This article also applies to private or
Deeds by 1. Offender has intent to defraud another
commercial document
298 Means of 2. Offender compels him to sign, execute, or deliver any public Any person See Art 294 and 297
Violence or instrument or document
Art 298 is not applicable if the document is void.
Intimidation 3. The compulsion is by means of violence or intimidation
Acts Punishable: There must be evidence or the facts must show that
1. Robbery by entering an inhabited house or public building the accused entered the dwelling house or building by
any of the means mentioned
Elements: Where the manner of entrance into the house was not
a. Offender entered the following: proven, the crime is theft and not robbery
i. Inhabited place
ii. Public building In entering the building, the offender MUST have an
iii. Edifice devoted to religious worship intention to take personal property, otherwise it’s just
b. The entrance was effected by any of the following trespass to dwelling
means:
i. Through an opening not intended entrance or Note: The place entered MUST be a house or building
>50k - Reclusion
Robbery in an egress
Temporal
Inhabited House ii. By breaking any wall, roof, or floor, or breaking
299 Any person Inhabited House - any shelter constituting the dwelling
or Public any door or such window of one or more persons even if the inhabitants are
No arms or armed but
Building iii. By using false keys, picklocks, or similar tools temporarily absent therefrom when the robbery was
<50k - Prision Mayor
iv. By using any fictitious name or pretending the committed
exercise of public authority
c. Once inside, the offender took personal property Public Building - owned or rented by the government
belonging to another with intent to gain although temporarily unoccupied by the same
2. Robbery by breaking doors, wardrobes, chests, or any other It should be the entrance through an opening not
kind of locked or sealed furniture or receptacle; or by taking intended for egress, and not exit
such furniture or object to be broken or forced open outside
Note: The whole body of the culprit must be inside the
building to constitute entering
Elements:
a. Offender is inside a dwelling house, public building, or It must be an outside door or outside wall that is
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edifice devoted to religious worship, regardless of the broken
circumstances under which he entered it
b. Offender takes personal property belonging to Note: The genuine key MUST be stolen, not taken by
another, with intent to gain, under any of the following force or intimidation and such is used to ENTER the
building
circumstances:
i. By the breaking of doors, wardrobes, chests, It is only theft when the false key is used to open
or any other kind of locked or sealed furniture wardrobe or locked receptacle
or receptacle
ii. By taking such furniture or objects away to be The use of fictitious name or the act of pretending to
broken or forced open outside the place of the exercise authority must be to enter the building
robbery
The term doors in Act 2 only refers to “doors, lids, or
opening sheets” of furniture or other portable
receptacles and not to inside doors of house or
building
What is an Inhabited House - any shelter constituting the dwelling of one or Requisites for Dependencies:
Inhabited Place, more persons even if the inhabitants are temporarily absent 1. Must be contiguous to the building
Public Building, therefrom when the robbery was committed 2. Must have an interior entrance connected
301
or Building therewith
Dedicated to Public Building - owned or rented by the government although 3. Must form part of the whole
Religious temporarily unoccupied by the same
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Worship and Note: Orchards and lands used for cultivation are
their Dependencies - all interior courts, corrals, warehouses, granaries, not dependencies
Dependencies barns, coach-houses, stables, or other departments or enclosed
spaces contiguous to the building or edifice, having an interior
entrance connected therewith and which form part of the whole
Elements:
1. Offender entered an uninhabited place or building which was
not a dwelling house, not a public building or not an edifice Note: The uninhabited place is an uninhabited
devoted to religious worship building
2. Any of the following circumstances are present:
a. Entrance was effected through an opening no Breaking padlock is use of force upon things
Robbery in an intended for entrance or egress
Uninhabited b. A wall, roof, or outside door or window was broken Prision Correccional Use of fictitious name or pretending to exercise
302 Any person
Place or in a c. The entrance was effected through the use of false med to max period authority is not applicable here because the
Private Building keys, picklocks, or other similar tools place is uninhabited
d. A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken Note: The receptacle must be closed or sealed
e. A closed or sealed receptacle was removed even if
the same be broken elsewhere Penalty is based on value of property taken
3. With intent to gain, the offender took therefrom personal
property belonging to another
Robbery of
Cereals, Fruits,
or Firewood in Next lower in degree
303 Cereals - seedlings which are immediate products from the soil Any person Note: Must be W/O violence or intimidation
an Uninhabited that Art 299 and 302
Place or Private
Building
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2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender.
Elements:
1. There is a band of brigands Note: It is presumed that the offender performed
2. Offender knows the band to be of brigands the acts knowingly unless the contrary is proven
Aiding and 3. Offender does any of the following acts: Prision Correccional
307 Abetting a Band a. He aids, abets or protects such band of brigands Any person med period to Prision Any person who aids or protects highway
of Brigands b. He gives them information of the movements of the Mayor min period robbers or abets the commission of highway
police or other peace officers of the gov’t robbery or brigandage shall be considered as an
c. He acquires or receives the property taken by such accomplice
brigands
Acts Punishable: 12k to 22k - Prision Note: Taking or Carrying is not required.
1. With intent to gain, but w/o violence against or intimidation of Mayor min to med
Who are Liable The theft is consummated when the culprits were able
308 persons nor force upon things, takes personal property of Any person period to take possession of the thing taken by them. It’s
for Theft
another w/o the latter’s consent enough that the thing is under his control
2. Having found lost property, failing to deliver the same to the 6k to 12k - Prision
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local authorities or to its owner Correccional med to The element of taking referred to in the law means the
3. After having maliciously damaged the property of another, max period act of depriving another of the possession and
removing or making use of the fruits or object of the damage dominion of movable thing coupled with the intention,
caused by them 200 to 6k - Prision at the time of the taking, of withholding it with the
character of permanency
4. Entering an inclosed estate or a field where trespass is Correccional min to
forbidden or which belongs to another and w/o the consent of med period The offender must have the intention of making
its owner, hunt or fish upon the same or gather fruits, cereals, himself the owner of the thing taken
or other forest or farm products 50 to 200 - Arresto
Mayor med period to Note: There may still be taking even if the offender
Prision Correccional received the thing from the offended party if there’s
Elements: min period NO transfer of juridical possession
1. There be taking of personal property
2. Said property belongs to another 5 to 50 - Arresto Intent to gain is presumed from the unlawful taking of
3. The taking be done with intent to gain Mayor max period personal property belonging to another
4. The taking be done w/o the consent of the owner
Satisfaction and pleasure derived from the act of
5. The taking be accomplished w/o the use of violence against <5 - Arresto Mayor min giving to another what had been stolen is a real gain
or intimidation of persons or force upon things. to med period
Note: Actual gain is not necessary, intent is enough
Cereals - Arresto
Elements of Hunting, Fishing, or Gathering of Fruits: Menor OR 200 fine Allegation of owner’s lack of consent cannot be
1. There is an enclosed or a field where trespass is forbidden or dispensed with in charging an ordinary theft
which belongs to another Hunger - Arresto
2. Offender enters the same Menor min period OR Note: In ROBBERY, it must be against the will. In
3. Offender hunts or fishes upon the same or gathers fruits 50 fine THEFT, consent is just lacking
cereals or other forest or farm products in the estate or field
How to Prove Theft in Lost Things:
4. The hunting or fishing or gathering of products is without the 1. The time of the seizure of the thing
consent of the owner 2. It was a lost property belonging to another
3. The accused having had the opportunity to
return or deliver the lost property to its owner
or to the local authorities, refrained from doing
so
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Basis of Penalty:
1. Value of the thing stolen If there is no evidence as to the value of the
309 Penalties
2. Circumstances or causes that impelled the culprit to commit thing, it will be based to Php5
the crime
12k to 22k - Prision Fencing - act of any person who, with intent to
Elements: Mayor min to med gain for himself or for another, shall buy, receive,
1. Robbery or theft has been committed period possess, keep, acquire, conceal, sell, or dispose
2. The accused, who is not a principal or accomplice in the of, or shall buy and sell, or in any manner deal in
commission of such, buys, receive, possess, keep, acquire, 6k to 12k - Prision any article, item, object, or anything of value
conceal, sell, or dispose of, or shall buy and sell, or in any Correccional med to which he knows, or should be known to him, to
manner deal in any article, item, object, or anything of value, max period have been derived from the proceeds of the
Any person
which has been derived from the proceeds of the said crime crime of robbery or theft
3. The accused knows or should have known that the said 200 to 6k - Prision
article, item, object or anything of value has been derived Correccional min to Fence - any person, firm, association,
from the proceeds of the crime of robbery or theft med period corporation, or partnership or other organizations
4. There is, on the part of the accused, intent to gain for himself who/which commits the act of fencing
or another 50 to 200 - Arresto
Mayor med period to Note: Mere possession of any good, article, item,
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Prision Correccional object, or anything of value which has been the
min period subject of robbery or thievery shall be prima facie
evidence of fencing
5 to 50 - Arresto
Mayor max period
Theft of the If the property stolen be any property of the National Library or the
Property of the National Museum, the penalty shall be arresto mayor or a fine Theft of property in either has fixed penalty
Arresto Mayor OR 40k
311 National Library ranging from 200 to 500 pesos, or both, unless a higher penalty Any person regardless of its value except when another
to 100k fine OR BOTH
and National should be provided under other provisions of this Code, in which crime with a higher penalty is committed
Museum case, the offender shall be punished by such higher penalty.
Elements:
Altering 1. There be boundary marks or monuments of towns, provinces,
Arresto Menor OR 20k
313 Boundaries or or estates, or any other marks intended to designate the Any person Note: Intent to gain is NOT necessary in Art 313
fine OR BOTH
Landmarks boundaries of the same
2. The offender alters said boundary marks
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Note: Actual prejudice is required. Mere intention
Merchant - Prision
Elements: is not enough
Mayor
1. Offender is a debtor; that is, he has obligations due and
Fraudulent
314 payable Any person Real property is included in this article
Insolvency Prision Correccional
2. He absconds with his property
max period to Prision
3. There be prejudice to his creditors The person prejudiced must be the creditor of the
Mayor med period
offender
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE 12k to 22k - Prision There MUST be an existing obligation to deliver
Acts Punishable: Mayor min to med something of value and such obligation must be
1. Altering the substance, quantity or quality of anything of value period onerous
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c. There is intent to prejudice another
d. There is demand made by the offended party Note: Ownership must not be transferred in obligation
to return or deliver the thing, as in sales
3. Taking undue advantage of the signature of the offended > when ownership is transferred, only civil liability
arises
party in blank and by writing any document above such
signature in blank It must be clearly demonstrated that it’s for:
1. Safekeeping
Elements: 2. On commission
1. The paper with the signature of the offended party is 3. For administration
in blank 4. Or other circumstances giving rise to the
2. The offended party should have delivered it to the obligation to make delivery or return the same
offender
3. Above the signature of the offended party, a Note: There is no estafa when the money or other
document is written by the offender w/o authority to do personal property received by the accused is not to be
used for a particular purpose or to be returned
so
4. The document so written creates a liability of, or Criminal liability for estafa is not affected by novation
causes damage to, the offended party or any 3rd of contract. The novation MUST take place BEFORE
person the criminal liability is incurred
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deposited therein were not sufficient to cover the
amount of the check It is indispensable that the element of deceit be made
PRIOR TO or at least simultaneously with the delivery
5. Obtaining any food, refreshment, or accommodation at a of the thing by the complainant
hotel, inn, restaurant, boarding house, and the like w/o paying
It is necessary that such deceit is the very cause or
therefor; or by obtaining credit at the said places by the use of the only motive which induces the complainant to part
false pretense; or surreptitiously removing any part of his with the thing
baggage from the same w/o paying for his food, refreshment
or accommodation Fictitious Name, etc
In the absence of proof that the representation of the
accused was actually false, criminal intent to deceive
ESTAFA THROUGH FRAUDULENT MEANS cannot be inferred
1. Inducing another, by means of deceit, to sign any document
The offended party must be deprived of his property
by any of the false pretenses mentioned
Elements:
a. Offender induced the offended party to sign a Postdating a check
document Note: The check issued must be genuine and not
b. Deceit is employed to make him sign the document falsified
c. Offended party signed the document
d. Prejudice is caused Issuing of check should be the cause of parting with
the property of the victim
2. Resorting to some fraudulent practice to insure success in a
gambling game The check must be issued in PAYMENT of an
3. Removing, concealing, or destroying any court record, office obligation contracted at the time of the issuance and
delivery of the check
files, documents or any other papers
The accused must be able to obtain something from
Elements: the offended party by means of the check he issues
a. There are court records, office files, documents, or and delivers
any other papers
b. Offender removed, concealed or destroyed any of Note: If such checks were issued and intended only
them as promissory notes, there is no estafa even if the
c. Offender had intent to defraud another funds are insufficient
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Note: Damage or prejudice is necessary
Removing documents
Note: If there is no intent to defraud, the act of
destroying court record will be malicious mischief
Acts Punishable: Note: The gravamen is the issuance of the check itself
1. Making or drawing and issuing any check to apply on account and not the nonpayment of an obligation
or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawing bank for the BP Blg 22 requires that the person who made or drew
and issued the check knew at the time of issue that he
payment of such check in full upon its presentment, which Any person
did not have sufficient funds in or credit with the
check is subsequently dishonored by the drawee bank for drawee bank
insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer, w/o any Note: Personal written notice of dishonor is necessary
valid reason, ordered the bank to stop payment
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No disputable presumption of knowledge of
Elements: insufficiency of funds when there is no receipt of
a. A person makes or draws and issues any check notice of dishonor
b. The check is made or drawn and issued to apply on
There is presumption of knowledge of the
account or for value
insufficiency when the check is presented within 90
c. The person who makes or draws and issues the days
check knows at the time that he does not have
sufficient funds in or credit with the drawee bank for Exceptions:
the payment of such check in full upon its 1. When the check is presented after 90 days
presentment 2. When the drawer was able to pay in full w/in 5
d. The check is subsequently dishonored by the drawee banking days after receiving the notice
bank for insufficiency of funds or credit, or would have
been dishonored for the same reason had not the Prima facie evidence does not arise where notice of
drawer, w/o valid reason, ordered the bank to stop non-payment is not sent to the maker or drawer of the
check
payment
Such act of issuing both without or with insufficient
2. Having sufficient funds in or credit with the drawee bank funds may be punished under both laws.
when he makes or draws and issues a check, by failing to
keep sufficient funds or to maintain a credit to cover the full There is no double jeopardy if each statute requires
amount of the check if presented w/in 90 days from the date proof of an additional fact which the other does not.
appearing thereon, for which reason it is dishonored by
drawee bank In estafa, there must be damage. In BP 22, there
must be knowledge
Elements:
Estafa by issuing a bad check is a continuing crime
1. A person has sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check
2. He fails to keep sufficient funds or to maintain a credit
to cover the full amount of the check if presented w/in
90 days from the date appearing thereon
3. The check is dishonored by the drawee bank
3. Wrongful taking by the owner of his property from its rightful Usurious loan with equitable mortgage is not an
possessor encumbrance on the property
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his real property arises
c. He sells, mortgage, or in any other manner
encumbers said real property What constitute the crime is the malicious failure to
d. Such sale, mortgage or encumbrance is: return the compensation wrongfully received
i. W/o express authority from the court
ACT 6
ii. Made before cancellation of his bond Note: There must be damage.
iii. Made before being relieved from the obligation
contracted by him
Elements:
1. Offender takes advantage of the inexperience or emotions or
feelings of a minor Actual proof of deceit or misrepresentation is
2. He induces such minot to: NOT essential. It is sufficient that the offender
a. Assume an obligation takes advantage of the inexperience or emotions
Arresto Mayor + fine of
Swindling a b. Give release of the minor
317 Any person 10 to 50% of the value
Minor c. Execute a transfer of any property right
of the obligation
3. The consideration is: Note: Real property is not included
a. Some loan of money
b. Credit Age of minor is under 21 y/o
c. Other personal property
4. The transaction is to the detriment of such minor
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Elements: Note: Offender is any person who knows of the
a. Personal property is mortgaged under the Chattel mortgage in Act 1, not necessarily the owner.
Mortgage Law
b. Offender knows that such property is mortgaged The removal of the mortgaged personal property
c. He removes such mortgaged personal property to any MUST be coupled with intent to defraud
province or city other than the one in which it was
located at the time of the execution of the mortgage Filing a civil action for collection, not for
d. The removal is permanent foreclosure of chattel mortgage, relieved the
e. There is no written consent of the mortgagee or his accused of criminal liability
executors or assigns to such removal
Note: Damage is NOT necessary
2. Selling or pledging personal property already pledged, or any
part thereof, under the terms of the Chattel Mortgage Law, The consent must be:
without the consent of the mortgagee written on the back of 1. In writing
the mortgage and noted on the record thereof in the office of 2. On the back of the mortgage
the registrar of deeds of the province where such property is 3. Noted on the record thereof in the office
located of the register of deeds
Other Forms of
321 Arson
Arson of Property
323 of Small Value
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Crimes Involving
324 Destruction
Burning One’s
own Property as a
325
means to commit
arson
Setting Fire to
Property
326 Exclusively
Owned by the
Offender
In cases where
326
death resulted as
-A a consequence
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e. Any building where evidence is kept for use in any other system
legislative, judicial, administrative or other official g. Using any other agency or means
proceedings. of destruction as effective as
f. Any hospital, hotel, dormitory, lodging house, housing those above enumerated
tenement, shopping center, public or private market,
theater or movie house or any similar place or Burning of houses is considered as Simple Arson
building.
g. Any building, whether used as a dwelling or not, If the property burned is an inhabited house or
situated in a populated or congested area. dwelling, it is not required that the house be
occupied by one or more persons and the
3. Other Cases of Arson offender knew it when the house was burned
a. Any building used as offices of the government or any
of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
d. Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill or mill central; and
f. Any railway or bus station, airport, wharf or
warehouse.
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its actual value at the time of the issuance of the policy Consummated Arson - if before the fire was put
5. If during the lifetime of the corresponding fire insurance policy out, it has already burned or charred a part of the
more than two fires have occurred in the same or other building
premises owned or under the control of the offender and/or
insured Note: Setting fire to the contents of a bldg
6. If shortly before the fire, a substantial portion of the effects constitutes consummated arson even if no part of
insured and stored in a building or property had been the bldg was burned
withdrawn from the premises except in the ordinary course of
business
7. Demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender
or for the safety of the person or property of the victim
Acts Punishable:
>1k - Prision
1. Causing damage to obstruct the performance of public
Correccional min to
function
med period
Special Cases 2. Using any poisonous or corrosive substance
328 of Malicious 3. Spreading any infection or contagion among cattle Any person This article refers to qualified malicious mischief
1k to 200 - Arresto
Mischief 4. Causing damage to the property of the National Museum or
Mayor
National Library or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the
<200 - Arresto Menor
public
1k to 200 - Arresto
If the amount cannot be estimated, penalty is still
329 Other Mischiefs Other mischiefs not included in Art 328 Any person Mayor min to med
Arresto Menor
period
Statues - Prision
Destroying or Acts Punishable: Correccional min
Damaging 1. Destroying or damaging statues or any other useful or period
331 Statues, Public ornamental public monuments Any person
Monuments, or 2. Destroying or damaging any useful or ornamental painting of Paintings - Arresto
Paintings a public nature Menor OR 40k fine OR
BOTH
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Note: The crime robbery or estafa through
falsification is not included. The list is exclusive
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Art Crime Elements/Acts Persons Penalty Notes
Acts Punishable: Prision Correccional Note: Penalty is lighter than adultery because infidelity
334 Concubinage Married man
1. Keeping a mistress in the conjugal dwelling min to med period of the husband does not bring into the family a
R.A No. 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Acts Punishable:
1. Engaging in or promoting, facilitating or inducing child
prostitution which include but not limited to:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as prostitute
d. Threatening or using violence towards a child to
Child
engage him as a prostitute Reclusion Temporal
Sec Prostitution and
e. Giving monetary consideration, goods, other Any person med period to
5 Other Sexual
pecuniary benefit to a child with the intent to engage Reclusion Perpetua
Abuse
such child in prostitution
2. Committing the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual
abuse
3. Deriving profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment
349 Bigamy Elements: Married person Prision Mayor Nullity of marriage is not a defense in bigamy,
Important Notes:
1. The first marriage MUST be valid
2. A declaration of presumptive death should
first be obtained from the courts
3. 2nd marriage MUST have all the essential
requisites
- If the 2nd marriage is void, there is no
bigamy
When Proof of Truth is Admissible: When the imputation involves the private life of a gov’t
Proof of the employee which is not related to the discharge of his
361 1. The act or omission imputed constitutes a crime regardless of -- --
Truth official duties, the offender can not prove the truth
whether the offended party is a private individual or a public thereof
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officer
2. The offended party is a gov’t employee, even if the act or The proof of the truth of the accusation cannot be
omission imputed does not constitute a crime, provided, it is made to rest upon mere hearsay, rumors, or
related to the discharge of his official duties suspicion.
Elements:
Note: This article is limited to acts of “planting”
1. Offender performs an act
Incriminating evidence and the like, which do not in
363 2. Such act he directly incriminates or imputes to an innocent Any person Arresto Mayor
Innocent Person themselves constitute false prosecution but tend
person the commission of a crime
directly to cause false prosecutions
3. Act does not constitute perjury
Emergency Rule
- An accused who, by the negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid injury is not
guilty of negligence if he makes such a choice
which a person of ordinary prudence placed
in such a position might make, even though
he did not make the wisest choice