Crim 2 Elements (Index Card Size)
Crim 2 Elements (Index Card Size)
Crim 2 Elements (Index Card Size)
114 1. Offender is a Filipino citizen or an Filipino Citizen 1. Treason cannot be committed in time of peace
Treason alien residing in the Philippines RP to death 2. In treason by levying war, it is not necessary that
2. There is war in which the and a fine not there be a formal declaration of the existence of a
Philippines is involved to exceed state of war
3. Offender either: P100,000 3. The war must be directed against government
a. levies war against the 4. The purpose of levying war is to deliver the country in
government Alien RT to whole or in part to the enemy; must be in
i. that there be an actual death and a collaboration with foreign enemy
assembling of men, fine not to 5. The aid or comfort given to the enemies must be after
ii. for the purpose of exceed the declaration of war; the enemies must be the
executing a P100,000 subject of foreign power
treasonable design 6. No treason thru negligence
by force No complex 7. When common crimes are charged as overt acts of
b. or adheres to the enemies, crime of treason, they cannot be regarded as separate crimes
giving them aid or comfort treason with or as complexed by treason.
murder, 8. Treason by Filipino citizen may be committed outside
Treason branch of allegiance to a physical the Philippines
government, committed by a person who injuries 9. Treason is a continuous offense
owes allegiance to it 10. Treason cannot be proved by circumstantial evidence
Aggravating or extrajudicial confession of accused
Allegiance obligation of fidelity and Circumstance 11. Two witness rule is severely restrictive
obedience which the individuals owe to s: cruelty, 12. Sufficient that witnesses are uniform in their testimony
the government under which they live or ignominy on the overt act; it is not necessary that there be
to their sovereign, in return for the corroboration between them on the point they testified
protection they receive; either permanent Art. 64 not 13. Adherence may be proved by one witness, or from
or temporary strictly applied the nature of the act itself, or from the circumstances
to treason surrounding the act
Adherence to Enemy intent to betray; 14. Defense of suspended allegiance and change of
when a citizen intellectually or Gravity of sovereignty is not accepted
emotionally favors the enemy and seriousness of 15. Defense of obedience to de facto Government is
harbors sympathies or convictions acts of acceptable
disloyal to his countrys policy or treason are 16. Defense of duress or uncontrollable fear is acceptable
interests] considered
115 1. Conspiracy to Commit Treason PM and a fine The two witness rule does NOT apply to this article
Conspiracy not exceeding
and P10,000
Proposal to 2. Proposal to Commit Treason PC and a fine
Commit not exceeding
Treason P5,000
116 1. Offender must be owing allegiance Accessory to 1. Conspiracy is one to commit treason
Misprision to the government and not a the crime of 2. Article 116 is an exception to the rule that mere
of Treason foreigner treason silence does not make a person criminally liable
2. He has knowledge of any
conspiracy to commit treason
against the government
3. He conceals or does not disclose
and make known the same as soon
as possible to governor or fiscal of
province or the mayor or fiscal of
the city in which he resides
117 1. By entering, without authority PC 1. Espionage gathering, transmitting, or losing
Espionage therefore, a warship, fort or naval or Penalty next information respecting the national defense with intent
military establishment or reservation higher in or reason to believe that the information is to be used
to obtain any information, plans, degree shall to the injury of the RP or to the advantage of any
photographs or other data of a be imposed if foreign nation
confidential nature relative to the the offender 2. To be liable under paragraph 1, the offender must
defense of the Philippines be a public have the intention to obtain information relative to the
a. Offender enters any of the officer or defense of RP
places mentioned therein employee. 3. It is not necessary that the information is obtained
b. He has no authority therefore 4. Espionage distinguished from treason:
c. His purpose is to obtain info, a. Both are crimes not conditioned on citizenship
plans, etc. of a confidential b. Espionage may be committed in many ways,
nature relative to defense of both in time of peace or war; Treason 2 ways
RP of committing; and only in time of war
2. By disclosing to the representative
of a foreign nation the contents of
the articles, data, or information
referred to in Par. No. 1 which he
had in his possession by reason of
the public office he holds
a. Offender is a public officer
b. He has in his possession the
articles, etc. by reason of the
public office he holds
c. He discloses their contents to
a representative of a foreign
nation
118 1. Offender performs unlawful or RT if public 1. The intention of offender is immaterial
Inciting to unauthorized acts officer or 2. Committed in time of peace
War or 2. Such acts provoke or give occasion employee
Giving for a war involving or liable to PM if private
Motives involve the Philippines or expose individual
Filipino citizens to reprisals on their
persons or property
119 1. There is a war which the Philippines PC 1. Neutrality a nation or power which takes no part in a
Violation of is not involved contest of arms going on between others is referred to
Neutrality 2. There is a regulation issued by as neutral
competent authority for the purpose 2. There must be regulation issued by competent
of enforcing neutrality authority for enforcement of neutrality
3. Offender violates such regulation
120 1. It is in time of war in which the PC 1. Correspondence communicating by means of
Correspond Philippines is involved letters; or it may refer to the letters which pass
ence with 2. Offender makes correspondence between those who have friendly or business
Hostile with an enemy country or territory relations
Country that is occupied by enemy troops 2. Even if correspondence contains innocent matters, if
3. The correspondence is either such has been prohibited by the government, it is
a. Prohibited by the government punishable
b. Carried in ciphers or PM 3. Prohibition by the government is not essential in
conventional signs paragraphs 1 and 2
c. Containing notice or RT if info may 4. Qualifying circumstances that must concur together:
information which might be be useful to a. The notice or information might be useful to the
useful to the enemy enemy enemy
RT to death if b. The offender intended to aid the enemy
intention was
to aid the
enemy
121 1. There is a war which the Philippines Arresto Mayor 1. An alien resident may be guilty of flight to enemy
Flight to is involved country
Enemys 2. Offender must be owing allegiance 2. Mere attempt to flee or go to enemy country
Country to the government consummates crime
3. Offender attempts to flee or go to 3. Article 121 must be implemented by the Government
enemy country
4. Going to enemy country is
prohibited by competent authority
122 1. Vessel is on the high seas or in RP 1. High Seas any waters on the sea coast which are
Piracy in Philippine waters Same penalty without the boundaries of low-water mark, although
General and 2. Offenders are not members of its shall be such waters may be in the jurisdictional limits of a
Mutiny on complement or passengers of the inflicted in foreign government
the High vessel case of mutiny 2. Piracy Distinguished From Robbery in High Seas
Seas or in 3. Offenders either on the high a. In piracy offender is an outsider; in robbery,
Philippine a. attack or seize the vessel seas or in offender is member of crew or passenger
Waters b. seize the whole or part of the Philippine b. In both, there is intent to gain and manner of
cargo of said vessel, its waters committing the crime is the same
equipment, or personal 3. Piracy Distinguished from Mutiny
belongings of its complement a. In piracy, the offenders are strangers; in mutiny,
or passengers they are members of the crew or passengers
b. In piracy, intent to gain is essential; in mutiny,
Piracy robbery or forcible depredation the intention may be to ignore ships officers or
on the high seas, without lawful authority to commit plunder
and done with animo furandi and in the
spirit and intention of universal hostility
123 Qualifying Circumstances: Special 1. Any person who aids or protects pirates or abets the
Qualified 1. Seized vessel by boarding or firing complex crime commission of piracy shall be considered as an
Piracy upon the same; or punishable by accomplice
2. Pirates have abandoned their RP to Death 2. R.A. 6235 An Act Punishing Certain Acts Inimical to
victims without means of saving regardless of Civil Aviation
themselves; or number of
3. Crime is accompanied by murder, victims
homicide, physical injuries or rape
124 1. Offender is a public officer or Not exceeded 1. Legal Grounds for Detention of Prisoner:
Arbitrary employee 3 days A a. the commission of a crime
Detention 2. He detains a person Mayor in b. violent insanity or o the ailment requiring the
3. Detention is without legal grounds maximum to compulsory confinement of the patient in a
PC in hospital
Detention when a person is placed in minimum 2. Arrest without warrant is the usual cause of arbitrary
confinement or there is a restraint on his More than 3 detention
person less than 15 3. Arrest Without Warrant, When Lawful (Sec. 5 Rule
days PC in 113)
Detention is without legal grounds: medium and - Personal knowledge is required
1. When he has not committed any maximum - A crime must in fact or actually have been
crime or, at least, there is no More than 15 committed
reasonable ground for suspicion not more than 4. There is no reasonable ground if officer only wants to
that he has committed a crime; or 6 months know the commission of crime
2. When he is not suffering from PM 5. There is arbitrary detention thru imprudence
violent insanity or any other ailment Exceeded 6
requiring compulsory confinement in mos. RT
a hospital
125 1. Offender is a public officer or Same as next 1. If the offender is a private person, the crime is illegal
Delay in employee preceding detention
Delivery of 2. He has detained a person for some article: 2. Detention must be for some legal ground
Detained legal ground Within 12 3. Article 125 does not apply when the arrest is by virtue
Person to 3. He fails to deliver such person to hours for light of a warrant of arrest but must be a lawful arrest
Proper the proper judicial authorities within: penalties 4. Delivery does not consist in a physical delivery, but in
Judicial a. 12 hours for offenses Within 18 making an accusation or charge or filing of an
Authorities punishable by light penalties or hours for information against person
their equivalent corrective 5. Duty of the detaining officer is deemed complied with
b. 18 hours for offenses penalties upon the filing of the complaint with the judicial
punishable by corrective Within 36 authority
penalties or their equivalent hours for 6. Provisions of Article 125 may be waived if person
c. 36 hours for offenses afflictive or asks for preliminary examination
punishable by afflictive or capital 7. Violation of Article 125 does not affect legality of
capital or their equivalent penalties confinement under process issued by a court
8. The illegality of the detention is not cured by the filing
Proper Judicial Authorities means the of the information in court
courts of justice or judges or said courts 9. Fiscal is not liable, unless he ordered detention
vested with judicial power to order the 10. Article 125 distinguished from Article 124 in Art.
temporary detention or confinement of a 124, the detention is illegal from the beginning; in Art.
person charged with having committed a 125, the detention is legal in the beginning but the
public offense illegality of the detention starts from the expiration of
any of the periods of time specified without person
Rights of Person Detained: detained having been delivered to proper judicial
1. He shall be informed of the cause of authority
his detention
2. He shall be allowed, upon his
request, to communicate and confer
at anytime with his attorney or
counsel
Circumstances considered in
determining liability of officer detaining a
person beyond legal period:
1. means of communication
2. hour of arrest
3. other circumstances (time, etc.)
126 1. That offender is a public officer or Same as Wardens and jailers are the public officers most likely to
Delaying employee Article 124 violate Article 126
Release 2. There is a judicial or executive order
for the release of a prisoner or
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person
3. The offender without good reason
delays:
a. the service of the notice of
such order to the prisoner
b. the performance of such
judicial or executive order for
the release of the prisoner
c. the proceedings upon a
petition for the release of such
person
127 1. Offender is a public officer or PC Only the court by a final judgment can order a person to
Expulsion employee change his residence
2. He expels any person from the
Philippines or compels a person to
change his residence
3. The offender is not authorized to do
so by law
128 Acts Punished: PC in 1. A public officer or employee is authorized by judicial
Violation of 1. By entering any dwelling against the minimum order when he is armed with a search warrant duly
Domicile will of the owner thereof; or issued by the court
2. By searching papers or other effects PC in medium 2. Against the will of the owner presupposes opposition
found therein without the previous and maximum or prohibition by said owner, whether express or
consent of such owner; or if with implied; if it is only without the consent of the owner,
3. By refusing to leave the premises, Qualifying the crime is not committed
after having surreptitiously entered circumstances 3. Right of officer to break into building or enclosure
said dwelling and after having been of nighttime, (Sec 11 Rule 113, 1985 Rules on Criminal Procedure)
required to leave the same or if any 4. Circumstances Qualifying the Offense:
papers or a. If the offense is committed at nighttime; or
Elements Common to the Three Acts: effects not b. If any papers or effects not constituting evidence
1. Offender is a public officer or constituting of a crime are not returned immediately after the
employee evidence of a search was made
2. He is not authorized by judicial crime be not 5. Papers of other effects must be found in the dwelling
order to enter the dwelling and / or returned
to make a search therein for papers immediately
and other effects
134-A 1. Offender is a person(s) belonging to RT in 1. Coup d etat may be committed with or without civilian
Coup detat the military or police or holding any maximum participation
public office or employment person in 2. Those liable for Rebellion, Insurrection and/or Coup d
2. It is committed by means of a swift government etat (Article 135)
attack accompanied by violence, service who a. Leaders
intimidation, threat, strategy or participates, i. any person who promotes, maintains, or
stealth or executes heads a rebellion or insurrection
3. The attack is directed against duly directions or ii. any person who leads, directs, or commands
constituted authorities of the commands of others to undertake a coup detat
Philippines, or any military camp or others in b. Participants
installation, communication undertaking a i. Any person who participates or executes the
networks, public utilities or other coup detat commands of others in rebellion or
facilities needed for the exercise PM in insurrection
and continued possession of power maximum ii. Any person in the government service who
4. The purpose of the attack is to seize person not in participates, or executes directions or
or diminish state power government commands of others in undertaking a coup
service who detat
Political Crimes Distinguished from participates, iii. Any person not in the government service who
Common Crimes or in any participates, supports, abets, or aids in
- Political crimes are those manner undertaking a coup detat
directly aimed against the supports,
political order, as well as such finances,
common crimes as may be abets or aids
committed to achieve a in undertaking
political purpose a coup detat
- The decisive factor is the intent
or motive
136 Conspiracy and Proposal to Commit PM in 1. Merely agreeing and deciding to rise publicly and take
Conspiracy Coup detat minimum and arms against the government for the purposes of
and fine not to rebellion or merely proposing the commission of said
Proposal to exceed acts is already subject to punishment
Commit P8,000 2. No conspiracy when there is no agreement and no
Coup detat, Conspiracy to Commit Rebellion or PC in decision to commit rebellion
Rebellion or Insurrection maximum and
Insurrection fine not to
exceed
P5,000
Proposal to Commit Rebellion or PC in medium
Insurrection and fine not to
exceed
P2,000
137 1. Offender is a public officer or PC in 1. The crime of disloyalty of public officers presupposes the
Disloyalty of employee minimum existence of rebellion by other persons
Public 2. Commits any of the following acts of 2. The offender under Article 137 must not be in conspiracy
Officers disloyalty: with the rebels
a. Failing to resist a rebellion by
all the means in their power;
b. Continuing to discharge the
duties of their offices under the
control of the rebels;
c. Accepting appointment to
office under them
138 1. Offender does not take arms or is PM in 1. Inciting to Rebellion Distinguished from Proposal
Inciting to not in open hostility against the minimum a. in both, the offender induces another to commit
Rebellion government rebellion
2. He incites others to the execution of b. in proposal, person who proposes has decided
any of the acts of rebellion to commit rebellion; in inciting, it is not required
3. The inciting is done by means of that offender has decided to commit rebellion
speeches, proclamations, writings, c. in proposal, person who proposes uses secret
emblems, banners or other motive; in inciting, the act is done publicly
representations tending to the same 2. Rebellion should not be committed
end
139 1. The offenders rise publicly and PM in 1. Sedition is the raising of commotions or disturbances
Sedition tumultuously minimum and in the state
2. They employ force, intimidation, or a fine not 2. Sedition Distinguished from Rebellion
other means outside of legal exceeding a. In both, there must be public uprising
methods P10,000 for b. In sedition, it is sufficient that public uprising
3. The offenders employ any of those the leader of is tumultuous; in rebellion, there must be
means to attain any of the following sedition taking up of arms against the government
objects: c. In sedition, the purpose of offenders may
a. To prevent the promulgation or PC in be political or social; in rebellion, it is
execution of any law or the maximum and always political
holding of any popular election a fine not 3. Sedition distinguished from treason treason is the
b. To prevent the National Govt, exceeding violation by a subject of allegiance to sovereign;
or any provincial or municipal P5,000 for sedition is the raising of commotions or disturbances
govt, or any public officer other persons in the State
thereof from freely exercising participating 4. Public uprising and an object of sedition must concur
its or his functions, or prevent therein 5. Common crimes are not absorbed in sedition
the execution of any
administrative order
c. To inflict any act of hate or
revenge upon the person 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;
and
e. To despoil, for any political or
social end, any person,
municipality or province, or the
national govt of all its property
or any part thereof
141 PC in medium 1. There must be an agreement and a decision to rise
Conspiracy and fine not to publicly and tumultuously to attain any of the objects
to Commit exceed of sedition
Sedition P2,000 2. There is no proposal to commit sedition
142 Different Acts Punished: PC in 1. Scurrilous low, vulgar, mean or foul
Inciting to 1. Inciting to Sedition to Accomplish maximum and 2. Uttering seditious words or speeches and writing,
Sedition any of its Objects: fine not to publishing or circulating scurrilous libels are
a. Offender does not take direct exceed punishable, when:
part in the crime of sedition P2,000 a. they tend to disturb or obstruct any lawful officer
b. He incites others to the in executing the functions of his office; or
accomplishment of any of the b. they tend to instigate others to cabal and meet
acts which constitute sedition together for unlawful purposes; or
c. The inciting is done by means c. they suggest or incite rebellious conspiracies or
of speeches, proclamation, riots; or
writings, emblems, cartoons, d. they lead or tend to stir up the people against the
banners, or other lawful authorities or to disturb the peace of the
representations tending to the community, the safety and order of the
same end government
2. Uttering seditious words or 3. Knowingly concealing such evil practices is treated
speeches which tend to disturb the and punished as that of the principal
public peace 4. Two rules relative to seditious words:
3. Writing, publishing or circulating a. Clear and Present Danger Rule
scurrilous libels against the b. Dangerous Tendency Rule
government or any of the duly
constituted authorities thereof,
which tend to disturb the public
peace
a. Offender does not take direct
part in the crime of sedition
b. Commits any of the following
acts of sedition either 2 or 3
143 1. There be a projected or actual PC or a fine Chief of police and mayor who prevented the meeting of
Acts meeting of Congress or any of its ranging from the municipal council are liable under Article 143, when the
Tending to committees or subcommittees, P200 to defect of the meeting is not manifest and requires an
Prevent the constitutional committees or P2,000 or investigation before its existence can be determined
Meeting of divisions thereof, or of any both
Congress provincial board or city or municipal
council or board
2. The offender who may be any
person prevents such meeting by
force or fraud
144 1. There be a meeting of Congress or A Mayor or a 1. The complaint for disturbance of proceedings may be
Disturbance any of its committees or fine of P200 to filed by a member of a legislative body
of subcommittees, constitutional P1,000 2. One who disturbs the proceedings of the congress my
Proceedings commissions or committees or also be punished for contempt
of Congress divisions thereof, or of any
and Similar provincial board or city or municipal
Bodies council or board
2. The offender does any of the
following acts:
a. He disturbs any of such
meetings
b. He behaves while in the
presence of any such bodies in
such a manner as to interrupt
its proceedings or to impair the
respect due it.
145 First Form PM 1. Parliamentary immunity does not protect members of
Violation of 1. The offender (any person) uses the Congress from responsibility before the legislative
Parliamentar force, intimidation, threats or fraud. body itself
y Immunity 2. The purpose of the offender is to 2. It is sufficient that the offender, in using force,
prevent any member of Congress intimidation, threats, or frauds, has the purpose to
from: prevent a member of Congress from exercising any of
a. Attending the meetings of his such prerogatives
Congress or any of its
committees, etc.; or
b. Expressing his opinion; or
c. Casting his vote
Second Form PC
1. Offender is a public officer or
employee
2. He arrests or searches any member
of Congress
3. Congress, 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
146 1. Any meeting attended by armed PC in 1. Persons present at the meeting must be armed in the
Illegal persons for the purpose of maximum to first form of illegal assembly
Assemblies committing any of the crimes PM in medium 2. But not all the persons present at the meeting of the
punishable under the code for 1st form of illegal assembly must be armed
a. there is a meeting, a gathering organizers or 3. The unarmed person merely present at the meeting of
or group of persons, whether leaders of any the 1st form of illegal assembly is liable
in a fixed place or moving meeting under 4. If any person present at the meeting carries an
b. that the meeting is attended by this article unlicensed firearm:
armed persons a. It is presumed that the purpose of the meeting
c. that the purpose of the A Mayor insofar as he is concerned, is to commit acts
meeting is to commit any of unarmed punishable under the Code; and
the crimes punishable under persons b. He is considered a leader or organizer of the
the code merely meeting
2. Any meeting in which the audience, present 5. Meeting includes a gathering or group, whether in a
whether armed or not, is incited to fixed place or moving
the commission of treason, rebellion PC armed
or insurrection, sedition, or assault persons
upon a person in authority or his merely
agents present
a. there is a meeting, a gathering
or group of persons, whether
in a fixed place or moving
b. the audience, whether armed
or not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or direct
assault
154 Acts Punished as Unlawful Use of Means A Mayor and 1. It is not necessary that the publication of the false
Unlawful of Publication and Unlawful Utterances: fine ranging news actually cased public disorder or caused
Use of 1. Publishing or causing to be from P200 to damage to the interest or credit of the State; the mere
Means of published, by means of printing, P1,000 possibility of causing such danger or damage is
Publication lithography or any other means of sufficient
and publication, as news any false news 2. The offender must know that the news is false
Unlawful which may endanger the public 3. If there is no possibility of danger to the public order
Utterances order, or cause damage to the or of causing damage to the interest or credit of the
interest or credit of the State state by the publication of the false news
2. By encouraging disobedience to the
law r to the constituted authorities or
by praising, justifying or extolling
any act punished by law, by the
same means or by words,
utterances or speeches
3. By maliciously publishing or causing
to be published any official
resolution or document without
proper authority, or before they
have been published officially
4. By printing, publishing or distributing
(or causing the same) books,
pamphlets, periodicals, or leaflets
which do not bear the real printers
name, or which are classified as
anonymous
155 Acts Punished as Alarms and Scandals: A Menor or a 1. It is the result, not the intent that counts. The act
Alarms and fine not must produce alarm or danger as a consequence
Scandals 1. Discharging any firearm, rocket, exceeding 2. The discharge of the firearm should not be aimed at a
firecracker, or other explosive within P200 person, otherwise, the offense would fall under Article
any town or public place, calculated 254
to cause (which produces) alarm or 3. Article 155 does not make any distinction as to the
danger particular place in the town or public place where the
2. Instigating or taking an active part in discharge of firearm, rocket, etc. is effected
any charivari or other disorderly 4. The discharge of firecrackers or rockets during fiestas
meeting offensive to another or or festive occasion are not covered by this Article
prejudicial to public tranquility 5. Disturbance of serious nature falls under Article 153
3. Disturbing the public peace while 6. Charivari medley of discordant voices, a mock
wandering about at night or while serenade of discordant noises made on kettles, tins,
engaged in any other nocturnal horns, etc. designed to annoy and incite
amusements
4. Causing any disturbance or scandal
in public places while intoxicated or
otherwise, provided Article 153 is
not applicable
156 1. There is a person confined in a jail A Mayor in 1. Person may be under detention only or by final
Delivering or penal establishment maximum to judgment
Prisoners 2. The offender removes therefrom PC in 2. Hospital or asylum considered as an extension of jail
from Jail such person, or helps the escape of minimum or prison
such person any person 3. Offender is usually an outsider
who shall 4. The guard of the jail, who is off duty, may be held
remove from liable for delivering prisoner from jail
Qualifying Circumstance any jail any 5. Violence, intimidation or bribery is not necessary
- What constitutes the qualifying person 6. Employment of deceit is not an element of the offense
circumstance is the offenders confined 7. If the crime committed by the prisoner for which he is
act of employing bribery as a therein or confined or serving sentence is treason, murder or
means of removing or shall help parricide, the act of taking the place of the prisoner in
delivering the prisoner from escape of the prison is that of an accessory and he may be held
jail, and not the offenders act such person liable as such, because he assists in the escape of
of receiving or agreeing to by means of the principal
receive a bribe as a violence, 8. Prisoner is criminally liable for leaving the penal
consideration fro committing intimidation or institution only when there is evasion of a sentence
the offense bribery
Same
Penalties in
Minimum if
escape should
take place
outside of said
establishment
by taking
guards by
surprise
157 1. Offender is a convict by final PC in medium 1. The sentence must be by reason of final judgment
Evasion of judgment and maximum 2. This article is not applicable to sentence executed by
Service of 2. He is serving his sentence which escape deportation
Sentence consists in deprivation of liberty during term of 3. Escape flee from, to avoid, to get out of the way, as
3. He evades the service of the imprisonment to flee to avoid arrest
sentence by escaping during the PC in 4. Article 157 is applicable to sentence of destierro,
term of his sentence maximum if since it consists in a deprivation of liberty
it shall take 5. Unlawful entry scaling or climbing the wall
Qualifying Circumstances: with any of the
1. by means of unlawful entry (by qualifying
scaling); circumstances
2. by breaking doors, windows, gates, enumerated
walls, roofs or floors;
3. by using picklocks, false keys,
disguise, deceit, violence, or
intimidation; or
4. thru connivance with other convicts
or employees of penal institution
158 1. The offender is a convict by final Increase of 1. Offender must be a convict by final judgment
Evasion on judgment, who is confined in a 1/5 of time still 2. The convict must leave the penal institution
Occasion of penal institution remaining to 3. What is punished is not the leaving of the penal
Disorders 2. There is a disorder, resulting from: be served institution, but the failure of the convict to give himself
conflagration, earthquake, under the up to the authorities within 48 hours after the
explosion, similar catastrophe, or original proclamation announcing the passing away of the
mutiny in which he has not sentence, calamity
participated which in no 4. If offender fails to give himself up, he gets an
3. The offender evades the service of case shall increased penalty
his sentence by leaving the penal exceed six 5. If offender gives himself up he is entitle to a deduction
institution where he is confined, on months of 1/5th of his sentence
the occasion of such disorder or Deduction
during the mutiny provided in
4. The offender fails to give himself up Article 98 if
to the authorities within 48 hours convict shall
following the issuance of a give himself
proclamation by the chief executive up within 48
announcing the passing away of hours
such calamity
177 Two Ways of Committing the Crime: PC in 1. There must be positive, express and explicit
Usurpation 1. By knowingly and falsely minimum and representation
of Authority representing oneself to be an medium 2. The offender should have represented himself to be
or Official officer, agent or representative of periods an officer, agent or representative of any department
Functions any department or agency of the or agency of the government; or should have
Philippine Government or any performed an act pertaining to a person in authority or
foreign government public officer
- In usurpation of authority, the 3. False representation may be shown by acts
mere act of knowingly and 4. Article 177 may be violated by a public officer
falsely representing oneself to 5. Article 177 does not apply to occupant under color of
be an officer, etc. is sufficient; title
it is not necessary that he 6. Article 177 punishes usurpation of authority or official
performs an act pertaining to a functions of any officer of any foreign government
public officer 7. The act performed, without the offender being lawfully
2. By performing any act pertaining to entitled to do so, must pertain to the government, or
any person in authority or public to any person in authority, or to any public officer
officer of the Philippine Government
or of a foreign government or any
agency thereof, under pretense of
official position, and without being
lawfully entitled to do so
- In usurpation of official
functions, it is essential that
the offender should have
performed an act pertaining to
a person in authority or public
officer, in addition to other
requirements
178 Using Fictitious Name: A Mayor and a 1. If the purpose is for causing damage, it must be
Using 1. The offender uses a name other fine not to damage to public interest
Fictitious than his real name exceed P500 2. Signing a fictitious name in an application for passport
Name and 2. He uses that fictitious name publicly use of is publicly using such fictitious name
Concealing 3. The purpose of the offender is to fictitious name 3. Where a person takes the place of another who has
True Name conceal a crime, to evade the been convicted by final judgment, he is guilty of using
execution of a judgment, or to A Menor and a fictitious name punishable under this Article
cause damage to public interest a fine not to 4. Fictitious Name any other name which a person
Concealing True Name: exceed P200 publicly applies to himself without authority of law
1. That the offender conceals his true conceal true 5. Com Act No. 142 regulates the use of aliases
name and all other circumstances name
2. That the purpose is only to conceal
his identity
181 Nature of the Crime False testimony A Mayor in 1. False testimony by negative statement is in favor of
False favorable to the defendant is equally max to PC in defendant
Testimony repugnant to the orderly administration of minimum and 2. The false testimony favorable to the defendant need
Favorable to justice a fine not to not benefit the defendant
Defendant exceed 3. Rectification made spontaneously after realizing the
False testimony is punished because of P1,000 if mistake is not false testimony
its tendency to favor or to prejudice the prosecution is
defendant for a felony
punishable by
an afflictive
penalty
A Mayor in
any other
case
182 1. That the testimony must be given in PC in 1. The testimony given in civil case must be false
False a civil case minimum and 2. Article 182 is not applicable when the false testimony
Testimony 2. That the testimony must relate to a fine not to is given in special proceedings
in Civil the issues presented in said case exceed 3. Penalty depends on amount of the controversy
Cases 3. That the testimony must be false P6,000 a. PC in minimum and a fine not to exceed P6,000
4. That the false testimony must be if amount in controversy shall exceed P5,000
given by the defendant knowing the A Mayor in b. A Mayor in max to PC in minimum and fine not
same to be false max to PC in to exceed P1,000 if amount in controversy
5. That the testimony must be minimum and shall not exceed said amount or cannot be
malicious and given with an intent to fine not to estimated
affect the issues presented in said exceed
case P1,000
183 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of materiality
False a. By falsely testifying under maximum to 2. Distinguish:
Testimony oath; and PC in a. Material when it is directed to prove a fact in
in Other b. By making a false Affidavit minimum issue
Cases and 2. Elements of Perjury b. Relevant when it tends in any reasonable
Perjury in a. That the accused made a degree to establish the probability or
Solemn statement under oath or improbability of a fact in issue
Affirmation executed an affidavit upon a c. Pertinent when it concerns collateral matters
material matter which make more or less probable the
b. That the statement or affidavit proposition at issue
was made before a competent 3. If the false testimony given by the witness Is not
officer, authorized to receive important, essential or material to the principal matter
and administer oath under investigation, it cannot properly be held that
c. That in the statement or perjury is committed
affidavit, the accused made a 4. No perjury if defendant subscribed and swore before
willful and deliberate assertion a clerk in treasurers office since clerk in not a
of a falsehood; and competent person authorized to administer oaths
d. That the sworn statement or 5. The assertion of falsehood must be willful and
affidavit containing the falsity is deliberate
required by law 6. Good faith or lack of malice is a defense in perjury
7. Even if there is no law, requiring the statement to be
Oath any form of attestation by which a made under oath, as long as it is made for a legal
person signifies that he is bound in purpose, it is sufficient
conscience to perform an act faithfully 8. Two contradictory sworn statements are not sufficient
and truthfully to convict of perjury
Affidavit sworn statement in writing; a 9. Subornation of Perjury committed by a person who
declaration in writing, made upon oath knowingly and willfully procures another to swear
before an authorized magistrate or officer falsely and the witness suborned does testify under
circumstances rendering him guilty
Material Matter it is the main fact which
is the subject of the inquiry or any
circumstance which tends to prove that
fact, or any fact or circumstance which
tends to corroborate or strengthen the
testimony relative to the subject of
inquiry, or which legitimately affects the
credit of any witness who testifies
205 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so manifestly
Rendering 2. that he renders a judgment in a Temporary contrary to law, that even a person having a meager
Judgment case submitted to him for decision Special knowledge of the law cannot doubt the injustice
Thru 3. That he judgment is manifestly Disqualificatio 2. Abuse of discretion or mere error of judgment, where
Negligence unjust n (TSD) there is not proof or even allegation of bad faith, or ill
4. That it is due to his inexcusable motive, is not punishable
negligence or ignorance
206 1. That the offender is a judge; A Mayor in 1. Interlocutory Order issued by court between
Rendering 2. That he performs any of the minimum and commencement and end of a suit or action and
Unjust following acts: Suspension which decides some point/matter but which,
Interlocutor a. knowingly renders unjust however, is not a final decision of matter in issue
y Order interlocutory order or 2. Test in Determining: Does it leave something to
decree; or be done in the trial court with respect to the
b. renders a manifestly unjust Suspension merits of the case?
interlocutory order or decree a. if it does it is interlocutory
thru inexcusable negligence b. if it doesnt it is final
or ignorance
207 1. That the offender is a judge PC in 1. Mere delay without is not a felony under this
Malicious 2. That there is a proceeding in his minimum article
Delay in the court 2. Delay is Malicious the delay is cause by the
Admin of 3. That he delays the administration judge with deliberate intent to inflict damage on
Justice of justice either party in the case
4. That the delay is malicious
208 Acts Punishable: PC in 1. Negligence under this article is not merely lack of
Dereliction 1. By maliciously refraining from minimum foresight or skill, but neglect of duties of office by
of Duty in institution prosecution against period and maliciously failing to move the prosecution and
Prosecution violators of the law suspension punishment of the delinquent
of Offenses 2. By maliciously tolerating the 2. Malice is an important element
commission of offenses 3. Officers of the Law includes all those of the
prosecution who, by reasons of the position held by
Elements: them, are duty-bound to cause the prosecution
1. That the offender is a public officer (includes Chief of Police and barrio lieutenant)
or officer of the law who has a duty 4. Maliciously signifies deliberate intent
to cause the prosecution of, or to 5. Crime committed by the law-violator must be proved
prosecute, offenses first before the person charged with dereliction can be
2. That there is dereliction of the made liable
duties of his office; that is, knowing 6. RPC not applicable to revenue officers
the commission of the crime, he
does not cause the prosecution of
the criminal or knowing that a crime
is about to be committed, he
tolerates its commission
209 Acts Punished: In addition to 1. Under first act, there must be DAMAGE to his client
Betrayal of 1. By causing damage to his client, proper 2. Under 2nd act, damage is NOT necessary
Trust by an either (a) by any malicious breach administrative 3. Under 3rd act, if the client consents to the attorneys
Attorney or of professional duty, (b) by action, PC in taking the defense of the other party, there is no crime
Solicitor inexcusable negligence or minimum or a 4. Procurador Judicial a person who had some
ignorance fine ranging practical knowledge of law and procedure, but not a
2. By revealing any of the secrets of P200 lawyer, and was permitted to represent a party in a
his client learned by him in his P1,000 case before an inferior court
professional capacity
3. By undertaking the defense of the
opposing party in the same case,
without the consent of his first client,
after having undertaken the defense
of said first client or after having
received confidential information
from said client
210 Acts Punishable in Direct Bribery: PM in medium First Element:
Direct 1. By agreeing to perform, or by and maximum 3. Temporary performance of public functions is
Bribery performing, in consideration of any and fine of not sufficient to constitute a person a public officer
offer, promise, gift or present and less than 4. It is believed that it does not cover a private individual
act constituting a crime, in value of gift because the additional penalty of STD has no
connection with the performance of and not less practical application
his official duties than 3x value
of gift, in
2. By accepting a gift in consideration addition to the Second Element:
of the execution of an act which penalty 1. Gift may be received by public officer himself or thru a
does not constitute a crime, in corresponding 3rd person
connection with the performance of to crime 2. Bribery exists:
his official duty agreed upon a. when the gift is offered voluntarily by a private
and Special person
3. By agreeing to refrain, or by Temporary b. when the gift is solicited by a public officer and
refraining, from doing something Disqualificatio the private person voluntarily delivers it to the
which is his official duty to do, in n (STD) if public officer
consideration of gift or promise the same c. when the gift is solicited by a public officer, as
crime should the consideration for his refraining from the
Elements: have been performance of an official duty and the private
1. That the offender be a public officer committed person
within scope of Article 203 and if the act 3. A promise of gift to a public officer who accepts such
2. That the offender accepts an offer does not promise is sufficient under 1st paragraph
or a promise or receives a gift or constitute a 4. In 2nd paragraph, the gift must be ACCEPTED
present by himself or thru another crime and 5. If the offer is not accepted, only the person offering
3. That such offer or promise be officer the gift is criminally liable
accepted, or gift or present received executed the 6. The gift must have a value or be capable of pecuniary
by the public officer: act estimation
a. with a view to committing
some crime; or Third Element:
b. in consideration of the PC in medium 1. The act which the public officer agrees to perform
execution of an act which does and fine of not must be connected with the performance of official
not constitute a crime, but the less than 2x duties
act must be unjust value of gift 2. It is not bribery if the act is in discharge of a mere
c. to refrain from doing and STD if moral duty
something which it is his act shall not 3. The fact that the act agreed to be performed is in
official duty to do have been excess of his power, jurisdiction, or authority is no
4. That the act which the offender accomplished defense, EXCEPT: if act is so foreign to duties of
agrees to perform or which he office as to lack even color of authority
executes be connected with the 4. In bribery, the gift or present must be given to the
performance of his official duties public officer to corrupt him
Prevaricacion (Art. 208) Distinguished
from Bribery:
1. Both are committed by refraining
doing something which pertains to
the official duty of the officer
2. In bribery, the offender refrained
from doing his official duty in
consideration of a gift received or
promised; while in crime of
prevaricacion this element is NOT
necessary
211 1. That the offender is a public A Mayor, 1. The gift is usually given to the public officer in
Indirect officer suspension anticipation of future favor from the public officer
Bribery 2. That he accepts gifts in minimum 2. There must be a clear intention on the part of the
3. That the said gifts are offered to and medium public officer to take the gift so offered and
him by reason of his office and public consider the same as his own property
censure 3. Mere physical receipt unaccompanied by any
Direct Bribery Distinguished from other sign, circumstance or act to show such
Indirect Bribery: No attempted acceptance is NOT sufficient to lead the court to
1. In both, the public officer or frustrated conclude that the crime of indirect bribery has
receives a gift indirect been committed
2. In direct bribery, there is an bribery 4. People vs. Pamplona (pg. 361) considered
agreement between the public indirect bribery even if there was a sort of
officer and the giver; in indirect agreement between public officer and giver;
bribery, usually, no such reason: the act executed by the accused was
agreement exists NOT unjust, therefore it cannot be direct bribery
3. In direct bribery, the offender
agrees to perform or performs an
act or refrains from doing
something, because of the gift or
promise; in indirect bribery, in is
NOT necessary that the officer
should do any particular act or
even promise to do any act, as it
is enough that he accepts gifts
offered to him by reason of his
office
211-A 1. That the offender is a public Penalty for
Qualified officer or entrusted with law offense
Bribery enforcement which was
2. That the offender refrains from not
arresting or prosecuting an prosecuted
offender who has committed a first
crime punishable by RP and/or paragraph
death
3. That the offender refrains from Penalty of
arresting or prosecuting the death if it is
offender in consideration of any the public
promise, gift or present officer who
asks or
demands
such gift or
present
212 1. That the offender offers or Same 1. Offender in this article is the giver or offeror
Corruption promises or gives gifts or penalties 2. The public officer sought to be bribed, is not
of Public presents to a public officer imposed criminally liable, unless he accepts the gift or
Officials 2. That the offers or promises are upon officer consents
made or the gifts or presents corrupted 3. Bribery is usually proved by evidence acquired in
given to a public officer, under except entrapment
circumstances that will make the disqualificati
public officer liable for direct on and
bribery or indirect bribery suspension
213 Acts Punishable as Frauds Against PC medium 1. Public officer must act in his official capacity
Frauds Public Treasury: to PM the public officer must have the duty to deal with
Against the 1. By entering into any agreement minimum, or any person with regard to furnishing supplies,
Public with any interested party or a fine etc.
Treasury speculator or making use of any ranging from 2. The crime of frauds against public treasury is
and Similar other scheme, to defraud the P200 to consummated by merely entering into an
Offenses government, in dealing with any P10,000, or agreement with any interested party or speculator
person with regard to furnishing both or by merely making use of any other scheme to
supplies, the making of defraud the government
contracts, or the adjustment or Provisions of 3. It is not necessary that the government is actually
settlement of accounts relating to Administrativ defrauded by reason of the transaction.
property or funds. e Code 4. It is sufficient that the government is actually
2. By demanding, directly or when culprit defrauded by reason of the transaction.
indirectly, the payment of sums is an officer 5. Mere demand for larger or different amount is
different form or larger than or employee sufficient to consummate the crime
those authorized y law, in the of BIR or 6. Collecting officer must issue official receipts to be
collection of taxes, licenses, fees, BOC guilty of illegal exactions
and other imposts. 7. When there is DECEIT in demanding greater fees
3. By failing voluntarily to issue a than those prescribed by law, the crime committed is
receipt, as provided by law, for any estafa and not illegal exaction.
sum of money collected by him 8. Tax collector need not account for tax collected
officially, in the collection of taxes, 9. If a tax collector collected a sum larger than that
licenses, fees, and other imposts authorized by law and spent all of them is guilty of 2
4. By collecting or receiving, directly or crimes;
indirectly, by way of payment or a. Illegal exaction, for demanding a greater amount
otherwise, things or objects of a b. Malversation, for misappropriating the amount
nature different from that provided extracted
by law, in the collection of taxes, 10. Officer or employee of BIR or BOC not covered by
licenses, fees, and other imposts this article
218 1. That the offender is a public officer, PC in 1. Demand for accounting is not necessary
Failure of whether in the service or separated minimum, or 2. Reason why Mere Failure to Render Account is
Accountable therefrom fine ranging Punishable: performance of the duty
Officer to 2. That he must be an accountable from P200 to 3. Misappropriation is not necessary in order to be liable
Render officer for public funds or property P6,000, or under this article
Accounts 3. That he is required by law or both
regulation to render accounts to the
COA, or to a provincial auditor
4. That he fails to do so for a period of
two months after such accounts
should be rendered
219 1. That the offender is a public officer A Mayor or The act of leaving the country must be unauthorized or not
Failure to 2. That he must be an accountable fine ranging permitted by law
Render officer for public funds or property from P200 to
Accounts 3. That he must have unlawfully left (or P1,000, or
before be on the point of leaving) the both
Leaving the Philippines without securing from
Country COA a certificate showing that his
accounts have been finally settled
220 1. That the offender is a public officer PC minimum 1. The public finds or property must be appropriated by
Illegal Use of 2. That there is public fund or property or a fine law or ordinance for a particular purpose
Public Funds under his administration ranging from 2. Illegal Use of Public Funds or Property Distinguished
or Property 3. That such public fund or property to total from Malversation under Article 217:
has been appropriated by law or value of sum a. Both crimes offenders are accountable public
ordinance misapplied, officers
4. That he applies the same to a public with TSD if b. Illegal Use of Public Funds/Property offender
use other than that for which such damage or does not derive any personal gain or profit;
fund or property has been embarrassme Malversation offender in certain cases profits
appropriated by law or ordinance nt resulted from proceeds of crime
c. Illegal Use public fund/property is applied to
Fine from 5- another public use; Malversation public fund or
50% of sum property is applied to personal use and benefit of
misapplied if offender or of another person
no damage or
embarrassme
nt resulted
221 Acts Punishable: A Mayor and Refusal to make delivery of property must be MALICIOUS.
Failure to 1. By failing to make payment by fine from 5-
Make public officer who is under 25% of sum
Delivery of obligation to make such payment he failed to
Public from Government funds in his pay
Funds or possession
Property 2. By refusing to make delivery by a Under 2nd
public officer who had been ordered paragraph,
by competent authority to deliver Fine shall be
any property in his custody or under graduated by
his administration value to thing,
provided that
Elements of Failure to Make Payment: it shall not be
1. That the public officer has less than P50
government funds in his possession
2. That he is under obligation to make
payment from such funds
3. That he fails to make the payment
maliciously
222 Private Individuals Who May be Liable Provisions of 1. Purpose: to extend the provision of this Code on
Officers from Arts. 217-221: this chapter malversation to private individuals
Included in 1. Private individuals who, in any shall apply 2. Sheriffs and receivers fall under the term
the capacity whatever, have charge of administrator
Preceding any national, provincial or municipal 3. Judicial administrator is not covered by this article
Provisions funds, revenue, or property 4. Private property is included, provided it is attached,
2. Administrator or depository of funds seized, or deposited with public authority
or property, attached, seized or
deposited by pubic authority, even if
such property belongs to a private
individual
223 1. That the offender is a public PC medium 1. Connivance with the prisoner in his escape is an
Conniving officer and indispensable element
with or 2. That he had in his custody or maximum 2. Detention Prisoner person in legal custody,
Consenting charge, a prisoner, either and TSD arrested for, and charged with, some crime or
to Evasion detention prisoner or prisoner by maximum to public offense
final judgment PSD 3. Release of detention prisoner who could not be
3. That such prisoner escaped from sentenced by delivered to the judicial authority within the time
his custody final fixed by law, is not infidelity in the custody of the
4. That he was in connivance with judgment to prisoner
the prisoner in the latters escape any penalty 4. Leniency or laxity is not infidelity (e.g. prisoner
Classes of Prisoners Involved: PC minimum allowed to eat in restaurant near municipal
1. Fugitive sentenced by final and TSD building)
judgment to any penalty fugitive not 5. Relaxation of Imprisonment is considered
2. Fugitive held only as detention finally infidelity
prisoner for any crime or convicted but
violation of law or municipal only held as
ordinance detention
prisoner
224 1. That the offender is a public A Mayor 1. The prisoner is either a convict by a final
Evasion officer maximum to judgment or detention prisoner
Through 2. That he is charged with the PC minimum 2. What is punished invasion thru negligence is
Negligence conveyance or custody of a and TSD such a definite laxity as all but amounts to
prisoner, either detention deliberate non-performance of duty on the part of
prisoner or prisoner by final the guard (e.g. falling asleep, lack of adequate
judgment precautions)
3. That such prisoner escapes thru 3. The fact that public officer recaptured the
his negligence prisoner does not afford complete exculpation
244 1. That the offender is a public officer A Mayor and a 1. The offense is committed by nominating or by
Unlawful 2. That he nominates or appoints a fine not appointing.
Appointmen person to a public office exceeding 2. Recommending is not a crime
ts 3. That such person lacks the legal P1,000 3. There must be law that provides for the qualifications
qualifications therefore or a person to be nominated or appointed to a public
4. That the offender knows that his office
nominee or appointee lacks the
qualifications at the time he made
the nomination or appointment
245 1. That the offender is a public officer PC medium 1. Solicit propose earnestly and persistently something
Abuses 2. That he solicits or makes immoral or and maximum unchaste and immoral to a woman
Against indecent advances to a woman and TSD 2. The advances must be immoral or indecent
Chastity 3. That such woman must be: 3. The crime is consummated by mere proposal
a. Interested in matters pending 4. Proof of solicitation is not necessary when there is
before the offender for sexual intercourse
decision, or with respect to
which he is required to submit
a report to or consult with a
superior officer; or
b. Under the custody of the
offender who is a warden or
other public officer directly
charged with the care and
custody of prisoners or
persons under arrest; or
c. The wife, daughter, sister or
relative within the same
degree by affinity of the person
in the custody of the offender
246 1. That a person is killed RP to Death 1. Relationship of the offender with the victim is the
Parricide 2. That the deceased is killed by the essential element of this crime
accused 2. Parents and children are not included in the term
3. That the deceased is the father, ascendants or descendants
mother, or child, whether legitimate 3. The child should not be less than 3 days old,
or illegitimate, or a legitimate other otherwise the crime is infanticide
ascendant or other descendent, or 4. Spouse must be legitimate
the legitimate spouse, of the 5. Relationship must be alleged
accused 6. There is crime of parricide thru reckless imprudence
7. There is also parricide by mistake
Note: 8. A stranger who cooperates in parricide will not be
1. Other ascendants or descendants guilty of parricide by only homicide or murder
must be legitimate
2. Father, mother, or child may be
legitimate or illegitimate
247 1. That a legally married person or a * Note: 1. Required to be a legally married person
Death or parent surprises his spouse or his This article 2. The article does not seem to require that the parent
Physical daughter, the latter under 18 years does not be legitimate, it requires only that she is under 18 and
Injuries of age and living with him, in the act define and that she is living with her parents
Inflicted of committing sexual intercourse penalize a 3. The article does not seem to apply to a married
Under with another person penalty daughter
Exceptional 2. That he or she kills any or both, of 4. Surprising the spouse or daughter in ACT of sexual
Circum- them or inflicts upon any or both of Destierro if intercourse in indispensable
stances them any serious physical injury in accused killed 5. This article is not applicable when the accused did not
the act or immediately thereafter or inflicted see his spouse in the act of sexual intercourse with
3. That he has not promoted or serious another person
facilitated the prostitution of his wife physical 6. It is enough however that the circumstances show
or daughter, or that he or she had injuries on reasonably that the carnal act is being committed or
not consented to the infidelity of the spouse or has just been committed
other spouse other person 7. There is conflict of opinion on whether sexual
intercourse includes preparatory acts
Surprise to come upon suddenly and Exempt from 8. The killing or inflicting of injuries must be: (a) in the
unexpectedly punishment act of sexual intercourse, or (2) immediately thereafter
if inflicted 9. The discovery, the escape, the pursuit and the killing
Cases when Parricide is not punished physical must all form part of one continuous act
with RP to Death: injuries of any 10. The killing must be the direct by-product of the
1. Parricide committed through kind accuseds rage
negligence (Article 365) 11. The killing of the spouse by accused must be by
2. When it is committed by mistake Destierro is reason of having surprised her in the act of sexual
(Article 249) intended to intercourse with another person
3. When it is committed under protect 12. Article 247 applies only when spouse surprises other
exceptional circumstances (Article spouse from spouse in flagrant adultery
247) reprisals by 13. No criminal liability if physical injuries are less serious
relatives of or slight
* Note: deceased 14. Accused cannot be held liable for injuries sustained
- Justification for this article: burst of spouse by 3rd persons as a result thereof, since he was NOT
passion committing a felony
248 1. That a person was killed RP to Death 1. The offender must have intent to kill to be liable for
Murder 2. That the accused killed him murder committed by means of fire, or other means
3. That the killing was attended by any enumerated in par. 3 of Article 248
of the qualifying circumstances 2. Killing a person with treachery is murder even if there
mentioned in Article 248 is no intent to kill
4. The killing is not parricide or 3. Rules for application of the circumstances which
infanticide qualify the killing to murder:
a. Murder will exist with only one of the
Murder unlawful killing of any person circumstances described in Article 248
which is NOT parricide or infanticide, b. When the other circumstances are absorbed or
provided the following circumstances are included in one qualifying circumstance, they
present: cannot be considered as generic aggravating
1. With treachery, taking advantage of c. Any of the qualifying circumstances enumerated
superior strength, with the aid of in Article 248 must be ALLEGED in the
armed men, or employing means to information
weaken the defense, or of means or 4. Treachery and premeditation are inherent in murder
persons to insure or afford impunity by poison
2. In consideration of a price, reward 5. When the intention of accused was merely to sexually
or promise excite a woman, and not to kill her, the crime is
3. By means of inundation, fire, homicide
poison, explosion, shipwreck, 6. Outraging commit an extremely vicious or deeply
stranding of vessel, derailment or insulting act
assault upon a railroad, fall of an 7. Scoffing jeer, and implies a showing of irreverence
airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin
4. On occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, great waste and ruin
5. With evident premeditation
6. With cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or
scoffing at his person or corpse
*Note: read discussion in Article 13 on
Aggravating Circumstances
249 1. That a person is killed RT 1. Penalty for homicide will be one degree higher when
Homicide 2. That the accused killed him without the victim is under 12 years of age
any justifying circumstances 2. Intent to kill is conclusively presumed when death
3. That the accused had the intention results
to kill, which is presumed 3. Evidence of intent to kill is important only in attempted
4. That the killing was not attended by or frustrated homicide
any of the qualifying circumstances 4. Intent to kill must be proven beyond reasonable doubt
of murder, or by that of parricide or 5. That the death of the deceased was due to his refusal
infanticide to be operated on is NOT a defense
6. The killing must not be justified
Homicide unlawful killing of any 7. No offense of frustrated homicide thru imprudence
person, which is neither parricide, 8. Where the wounds that caused death were inflicted
murder nor infanticide by 2 different persons, even if they were not in
conspiracy, each of them is guilty of homicide
Accidental Homicide death of a person 9.
brought about by a lawful act performed
with proper care and skill, and without
homicidal intent
264 1. That the offender inflicted upon Penalties 1. Knowingly administering is an essential element
Adminis- another any serious physical injury established by 2. Administering injurious substance means introducing
tering 2. That it was done by knowingly the next into the body the substance
Injurious administering to him any injurious preceding 3. This article does not apply when the physical injuries
Substances substance or beverages or by article that result are less serious or slight
or taking advantage of his weakness 4. Taking advantage of weakness or credulity may take
Beverages of mine or credulity place in case of witchcraft, philters, magnetism, etc.
3. That he had no intent to kill
265 Qualified Less Serious Physical Injuries Fine not 1. Matters to Note:
Less 1. Paragraph 2: exceeding a. That the offended party is incapacitated for labor
Serious a. there is manifest intent to insult P500 in for 10 days or more (but not more than 30), or
Physical or offend the injured person addition to A needs medial attendance for same period of time
Injuries b. there are circumstances Mayor 2nd b. That the physical injuries must not be those
adding ignominy to the offense paragraph described in the preceding articles
2. Paragraph 3: 2. Medical attendance or incapacity is required
a. the offenders parents, PC in 3. It is only slight physical injury when there is no
ascendants, guardians, minimum and medical attendance or incapacity for labor
curators or teachers medium 4. Actual medical attendance is required
b. persons of rank or persons in paragraph 3
authority, provided the crime is
not direct assault
266 Kinds of Slight Physical Injuries: A Menor par 1. When there is no evidence of actual injury, it is only
Slight 1. Physical injuries which 1 slight physical injuries
Physical incapacitated the offended party for A Menor or 2. Example of paragraph 3 is slapping the face of
Injuries and labor from 1 to 9 days, or required fine not offended party
Maltreat- medical attendance during the exceeding
ment same period P200 par 2
2. Physical injuries which did not A Menor
prevent the offended party from minimum or
engaging in his habitual work or fine not
which did not require medical exceeding
attendance P50 - par 3
3. Ill-treatment of another by deed
without causing any injury
266-A Paragraph 1: Rape 1. Offender may now be a male or female.
Rape 1. Offender is a man committed 2. In rape under par. 1, there must be sexual intercourse
2. Offender had carnal knowledge of a under any of 3. Penetration, even partial, is necessary
266-B woman the 4 4. Only one of the four circumstances is necessary
Penalties 3. Such act is accomplished under any Circumstance 5. Force need not be irresistible, but it should be present
of the ff circumstance: s: and brings the desired results
a. by using force or intimidation; a. Par. 1 6. Force employed need not be of such character as
or RP could be resisted
b. when the woman is deprived of b. Par. 2 7. Intimidation includes the moral kind, such as the fear
reason or otherwise PM caused by threatening
unconscious; or 8. When the offender has ascendancy or influence over
c. by means of fraudulent Rape victim, it is not necessary that she put up a
machination or grave abuse of committed determined resistance
authority; or with use of 9. Rape may be proved by the uncorroborated testimony
d. when the woman is under 12 deadly of the offended
years of age or demented weapon or by 10. Deprivation of reason contemplated by law need not
2 or more be complete
Paragraph 2: persons: 11. Stages of Rape:
1. Offender commits an act of sexual a. Par. 1 a. Consummated enough that there was
assault RP to penetration, even partial/slight
2. That the act of sexual assault is death b. Frustrated none
committed by any of the following b. Par. 2 c. Attempted intent on the part of accused to
means: PM to RT have carnal knowledge of woman
a. by inserting his penis into 12. Resignation to consummated act is NOT consent
another persons mouth or Rape where 13. Character of offended woman immaterial in rape
anal orifice; or victim 14. There is a crime of multiple rape by 2 or more
b. by inserting any instrument or becomes offenders
object into the genital or anal insane: 15. Rape is punished by death when any of the qualifying
orifice of another person a. Par. 1 circumstances are present
3. That the sexual act is accomplished RP to 16. Rape with homicide is a special complex crime
under the circumstances mentioned death 17. When homicide is committed NOT by reason or on
in paragraph 1 b. Par. 2 the occasion of the rape, such as while the woman
RT was dying, the accused had carnal intercourse with
Qualifying Circumstances: her, it may be considered as ignominy.
1. When by reason or on occasion of Attempted 18. Indemnity in Rape P50,000
the rape, a homicide is committed Rape and 19. Indemnity in Qualified Rape P75,000
2. When victim is under 18 and Homicide: 20. Indemnity in Rape with Homicide P50,000 and
offender is parent, ascendant, a. Par. 1 P50,000 respectively (P100,000)
stepparent, guardian, relative by RP to 21. Damages in Rape
consanguinity or affinity within 3rd death a. Moral Damages P50,000 without need of proof
civil degree, or common-law spouse b. Par. 2 b. Exemplary Damages if one or more
of the parent of victim RT to RP aggravating circumstances was committed
3. When the victim is under the
custody of the police or military Rape with
authorities or any law enforcement Homicide:
or penal institution a. Par. 1
4. When the rape is committed in full death
view of the husband, parent, any of b. Par. 2
the children or other relatives within RP
the 3rd civil degree of consanguinity
5. When the victim is a religious Rape with
engaged in legitimate religious Aggravating
vocation or calling and is personally Circumstance
known to be such by the offender s:
before or at the time of the a. Par. 1
commission of the crime death
6. When the victim is a child below 7 b. Par. 2 -
years of age. RT
7. When the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and
the virus or disease is transmitted to
the victim.
8. When committed by any member of
AFP or paramilitary units thereof or
the PNP or any law enforcement
agency or penal institution, when
the offender took advantage of his
position to facilitate the commission
of the crime
9. When by reason or on the occasion
of the rape, the victim has suffered
permanent physical mutilation or
disability
10. When the offender knew of the
pregnancy of the offended party at
the time of the commission of the
crime
11. When the offender knew of the
mental disability, emotional disorder
and/or physical handicap of the
offended party at the time of the
commission of the crime
266-C 1. Subsequent valid marriage between 1. Effect of marriage extinguishes not only the penal
Effect of the offender and the offended party action, but likewise the penalty that may be imposed
Pardon shall extinguish the criminal action 2. Marriage extinguishes the penal action and the
or the penalty imposed. penalty only as to the principal and not to the
2. In case it is the legal husband who accomplices and accessories
is the offender, the subsequent 3. The crime shall not be extinguished or the penalty
forgiveness by the wife as the shall not be abated if the marriage is void ab initio
offended party shall extinguish the
criminal action or the penalty
270 1. That the offender is entrusted with RP 1. This covers all minors, whether under or over 7 years
Kidnapping the custody of a minor person A Mayor or a of age
and Failure (below 21 years of age) fine not 2. What is punished is the deliberate failure of the
to Return a 2. That he deliberately fails to restore exceeding custodian of the minor to restore the latter to his
Minor the said minor to his parents or P300 or both parents or guardians
guardians when the 3. Kidnapping and failure to return a minor is necessarily
crime is included in Kidnapping and Serious Illegal Detention
Distinguishing Article 267 and Article committed by
270: father or
1. In Article 267 the offender is not mother
entrusted with custody
2. In Article 270 the offender is
entrusted with custody of minor
271 1. That a minor is living in the home of PC and a fine 1. The inducement must be actual, committed with
Inducing a his parents or guardian or person not exceeding criminal intent, and determined by a will to cause
Minor to entrusted with his custody P700 damage
Abandon 2. That the offender induces said offender is 2. The minor should not leave his home on his own free
His Home minor to leave such home any person will
A Mayor or a
fine not
exceeding
P300, or both
offender is
parent
272 1. That the offender purchases, sells, PM and a fine 1. If the purpose of the offender is to assign the offended
Slavery kidnaps or detains a human being. not exceeding party to some immoral traffic (prostitution), the penalty
2. That the purpose of the offender is P10,000 is higher.
to enslave such human being 2. The employment or custody of a minor with the
Maximum consent of the parent or guardian although against
Slavery and Kidnapping or Illegal Period if the childs will cannot be considered to be involuntary
Detention Distinguished: purpose is to servitude
a. Slavery purpose is to assign to
enslave victim immoral traffic
b. Kidnapping or Illegal Detention
any other purpose
273 1. That the offender retains a minor in PC minimum 1. The service of the minor must be against his will
Exploitation his service and medium 2. The existence of indebtedness constitutes no legal
of Child 2. That it is against the will of the and a fine not justification for holding a person and depriving him of
Labor minor exceeding his freedom to live where he wills
3. That it is under the pretext of P500
reimbursing himself of a debt
incurred by an ascendant, guardian
or person entrusted with the
custody of such minor
274 1. That the offender compels a debtor A Mayor 1. The article specifically provides that the debtor is
Services to work for him, either as household maximum to compelled to work as household servant or farm
Rendered servant or farm laborer PC minimum laborer and not any other work
Under 2. That it is against the debtors will 2. This article, like Article 273, punishes a form of
Compulsion 3. That the purpose is to require or slavery, but Article 274 does not distinguish whether
in Payment enforce the payment of a debt the victim is a minor or not
3. Under this article it is the debtor who is compelled to
work for the offender, while in Article 273 it is the
minor
275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only when
Abandonme 1. Failing to render assistance to any someone is accidentally injured by the accused
nt of person whom offender finds in an 2. It is immaterial that the offender did not know that the
Persons in uninhabited place wounded or in child is under 7 years old
Danger and danger of dying when he can render 3. Paragraph 3 applies to one who found a lost child
Abandonme such assistance without detriment 4. The child under 7 years of age must be found by the
nt of Ones to himself, unless such omission accused in an unsafe place
Own Victim shall constitute a more serious
offense
a. The place is uninhabited
b. The accused found there a
person wounded or in danger
of dying
c. The accused can render
assistance without detriment to
himself
d. The accused fails to render
assistance
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
years 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
276 1. That the offender has the custody of A Mayor and a 1. When there is intent to kill this article does not apply
Abando- a child fine not 2. Intent to kill cannot be presumed from the death of a
ning a Minor 2. That the child is under 7 years of exceeding child
age P500 a. Crimes against Persons intent to kill is
3. That he abandons such child presumed
4. That he has not intent to kill the PC medium b. Crimes against Security intent to kill is not
child when the latter is abandoned and maximum presumed
results in 3. A permanent, conscious and deliberate abandonment
Qualifying Circumstances: death of minor is required by this article
1. When death of the minor resulted PC minimum 4. Parents guilty of abandoning their children shall be
from such abandonment, or and medium deprived of parental authority
2. if the life of the minor was in danger endanger life
because of the abandonment of minor
277 Acts Punished: A Mayor and a 1. Rear bring to maturity by educating, nourishing,
Abandon- 1. By delivering a minor to a public fine not 2. Only the person charged with the rearing or
ment of institution or other persons without exceeding education of the minor is liable
Minor by the consent of the one who P500 3. Article 276 Distinguished from Article 277
Person entrusted such minor to the care of a. Article 276 the custody of the offender is
Entrusted the offender or, in the absence of general; Article 277 the custody of the offender
with His that one, without the consent of the is specific (custody for the rearing or education
Custody; proper authorities of minor)
Indifference a. The offender has charge of the b. Article 276 minor is under 7; Article 277
of Parents rearing/education of a minor minor is under 21 [18]
b. He delivers minor to a public c. Article 276 minor is abandoned in such a way
institution or other persons as to deprive him of the care and protection that
c. The one who entrusted such his tender years need; Article 277 minor is
child to the offender has not delivered to a public institution or other person
consented to such act; or if the 4. Failure to give education must be due to deliberate
one who entrusted such child desire to evade such obligation
to the offender is absent, the
proper authorities have not
consented to it
2. By neglecting his (offenders)
children by not giving them the
education which their station in life
requires and financial condition
permits
a. That the offender is a parent
b. That he neglects his children
by not giving them education
c. That his station in life requires
such education and his
financial condition permits it
278 Acts Punished: PC in 1. Exploitation of minors distinguished from Inducing a
Exploitation 1. By causing any boy or girl under 16 minimum and minor to abandon his home
of Minors to perform any dangerous feat of medium and a a. Exploitation of minors if the purpose is to follow
balancing, physical strength or fine not any of the mentioned callings; Inducing Minor if
contortion, the offender being any exceeding there is no such purpose
person P500 b. Exploitation victim must be under 16; Inducing
2. By employing children under 16 minor minor under 21 [18]
who are not the children or Maximum 2. Offender shall be deprived of parental authority or
descendants of the offender in period if guardianship
exhibitions of acrobat, gymnast, delivery shall 3. Exploitation of minors must refer to act endangering
rope walker, diver, or wild-animal have been the life or safety of the minor
tamer, the offender being an made in 4. Qualifying Circumstance if delivery is made in
acrobat, etc. or circus manager or consideration consideration of any price, compensation or promise
person engaged in a similar calling of any price,
3. By employing any descendant compensation,
under 12 in dangerous exhibitions or promise
enumerated in the next preceding
paragraph, the offender being
engaged in any of the said callings
4. By delivering a child under 16
gratuitously to any person following
any of the calling enumerated in
paragraph 2, or to any habitual
vagrant 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 to
abandon the home of its
ascendants, guardians, curators, or
teachers to follow any person
engaged in any of the callings
mentioned in paragraph 2 or to
accompany any habitual vagrant or
beggar, the offender being any
person
285 1. By threatening another with a A Menor 1. Article 285 compared with Article 282 and 283
Other Light weapon, or by drawing such minimum or a a. Article 285 Par. 2 is similar to 3rd form of grave
Threats weapon in a quarrel, unless it be in fine not threats because the harm threatened to be
lawful self-defense exceeding committed is a crime
a. Threatening to draw a weapon, P200 b. Article 285 Par. 3 is similar to light threats,
even if there is no quarrel because harm threatened to be committed is not
b. Drawing a weapon in a a crime
quarrel, which is not in lawful c. Article 285 there is no demand for money or
self-defense condition or threat is not deliberate
2. By orally threatening another, in the 2. Threats, which ordinarily would be grave threats, if
heat of anger, with some harm made in heat of anger, may fall under this article
constituting a crime, without 3. Light threats may be committed where the person to
persisting in the idea involved in his whom it is directed is absent
threat
3. By orally threatening to do another
any harm not constituting a felony
286 Ways to Commit: PC and a fine 1. What is prevented must not be prohibited by law
Grave 1. By preventing another, by means of not exceeding 2. The act of preventing by force must be made at the
Coercions violence, threats or intimidation, P6,000 time the offended party was doing or about to do the
from doing something not prohibited act to be prevented
by law Penalty next 3. If the act was already done when violence is exerted,
2. By compelling another, by means of higher in the crime is unjust vexation.
violence, threats or intimidation, to degree 4. Compelling another to do something includes the
do something against his will, violation of offenders act of doing it himself while subjecting
whether it be right or wrong right of another to his will
suffrage; or 5. When the complainant is in actual possession of a
Elements: committed to thing, even if he has not right to that possession,
1. That a person prevented another compel compelling him by means of violence to give up
from doing something not prohibited another to possession, even by owner, is grave coercion
by law, or that he compelled him to perform any 6. Not intimidation by display of force, if arms are not
do something against his will, be it religious act; used
right or wrong or committed 7. The force or violence must be immediate, actual or
2. That the prevention or compulsion to prevent imminent
be effected by violence, threats or another from 8. There is no grave coercion when the accused acts in
intimidation performing good faith in performance of duty
3. That the person that restrained the any religious 9. Purpose of Law enforce the principle that no person
will and liberty of another had not act may take the law into his own hands
the authority of law or the right to do 10. Coercion is consummated even if the offended party
so, or, in other words, that the did not accede to the purpose of the coercion
restraint shall not be made under
authority of law or in the exercise of
lawful right
Coercion Distinguished from Illegal
Detention:
- illegal detention requires
actual confinement or
restraint of the person
287 1. That the offender must be a creditor A Mayor in 1. Actual physical violence need not be employed
Light 2. That he seizes anything belonging minimum and 2. Unjust vexation includes any human conduct which,
Coercions to his debtor fine equivalent although not productive or some physical or material
3. That the seizure of the thing be to value of harm would, however, unjustly annoy or vex an
accomplished by means of violence thing, but in innocent person
or a display of material force no case less 3. There is no violence or intimidation in unjust vexation
producing intimidation than P75 4. Difference between grave and light coercion: use of
4. That the purpose of the offender is A Menor or a violence
to apply the same to the payment of fine P5-P200, 5. When the act of the accused has no connection with
the debt or both any previous acts of violence, it is only unjust vexation
other coercion
or unjust
vexation
288 1. By forcing or compelling, directly or A Mayor or a 1. Laborers or employees have the right to receive just
Other indirectly, or knowingly permitting fine ranging wages in legal tender
Similar the forcing or compelling of the from P200 - 2. Inducing an employee to give up any part of his
Coercions laborer or employee of the offender P500, or both wages by force, stealth, intimidation, threat or by any
to purchase merchandise or other means is unlawful under the Labor Code, not
commodities of any kind under the RPC
a. That the offender is any
person, agent or officer of any
association or corporation
b. That he or such firm or
corporation has employed
laborers or employees
c. That he forces or compels,
directly or indirectly, or
knowingly permits 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
2. By paying wage due his laborer or
employee by means of tokens or
objects other than the legal tender
currency of the Philippines, unless
expressly requested by such laborer
or employee
a. That the offender pays the
wages due a laborer or
employee employed by him by
means of tokens or objects
b. That those tokens or objects
are other than the legal tender
currency of the Philippines
c. That such employee or laborer
does not expressly request
that he be paid by means of
tokens or objects
289 1. That the offender employs violence A Mayor and a 1. The act should not be a more serious offense,
Formation, or threats, in such a degree as to fine not otherwise it shall be punished under another article
Maintnance, compel or force the laborers or exceeding 2. Peaceful picketing is part of freedom of speech and is
and employers in the free and legal P300 not prohibited
Prohibition exercise of their industry or work 3. Employing violence or making threats by picketers
of Combina- 2. That the purpose is to organize, may make them liable for coercion
tion of maintain or prevent coalitions of 4. Preventing employee from joining any registered labor
Capital or capital or labor, strike of laborers or organization is punished under the LC and not under
Labor lockout of employers the RPC
290 1. That the offender is a private PC in 1. Seize to place in the control of someone a thing or
Discovery of individual or even a public officer minimum and to give him the possession thereof
Secrets not in the exercise of his official medium and a 2. There must be a taking possession of papers or
Thru Seizure functions fine note letters of another, even for a short time only
of 2. That he seizes the papers or letters exceeding 3. The purpose of the offender must be to discover the
Correspond of another P500 if secrets of another
ence 3. That the purpose is to discover the offender 4. The offender must be informed of contents of papers
secrets of such another person reveals or letters
4. That offender is informed of the secrets 5. This article does not require that the offended party
contents of the papers or letters be prejudiced
seized A Mayor and a 6. Qualifying Circumstance: revealing the secret
fine not 7. Distinguished from Public Officer Revealing Secrets
Exception: Article 290 not applicable to exceeding of Private Individual (Article 230):
parents, guardians, or persons entrusted P500 if a. Article 230 public officer comes to know
with the custody of minors with respect to offender shall secrets by reason of his office
papers or letters of the children or minors not reveal b. Article 290 private individual who seizes
placed under their care or custody, or to such secrets papers of another to discover secrets of latter
spouses with respect to the papers or
letters of either of them
291 1. That offender is a manager, A Mayor and 1. Secrets must be learned by reason of their
Revealing employee or servant fine not employment
Secrets with 2. That he learns of the secrets of his exceeding 2. The secrets must be revealed by the offender
Abuse of principal or master in such capacity P500 3. If the offender does not reveal the secrets, the crime
Office 3. That he reveals such secrets is not committed
4. Damage is not necessary under this article
292 1. That offender is a person in charge, PC minimum 1. Secrets must relate to manufacturing processes
Revelation employee or workman of a and medium 2. The act constituting the crime is revealing the secret
of Industrial manufacturing or industrial and a fine not of the industry or employer
Secrets establishment exceeding 3. Revelation may be made after employee has ceased
2. That the manufacturing or industrial P500 to be connected with the establishment
establishment has a secret of the 4. Prejudice is an essential element of the offense
industry which the offender has
learned
3. The offender reveals such secrets
4. That prejudice is caused to the
owner
293 Classification: 1. The property taken must be personal property and not
Who are 1. Robbery with violence against, or real property.
Guilty of intimidation of persons (RVAIP) 2. Prohibitive articles may be subject matter of robbery
Robbery 2. Robbery with the use of force upon 3. The property must belong to another
things (RFUT) 4. Ownership is not necessary; the possession of
a. Robbery in Inhabited House or property is sufficient
Public Building or Edifice 5. Naming of the owner is a matter of essential
devoted to Public Worship description of the crime of robbery with homicide and
b. Robbery in Uninhabited House not in RVAIP or RFUT
or in a Private Building 6. The personal property is taken against will of owner
7. Taking must be unlawful
Elements of Robbery in General: 8. Unlawful Taking is complete:
1. That there be personal property a. RVAIP from moment offender gains
belonging to another possession of the thing
2. That there is unlawful taking of that b. RFUT thing must be taken out of building
property 9. Taking means depriving offended party of ownership
3. That the taking must be with intent of thing taken with character of permanency
to gain 10. Intent to gain is presumed from unlawful taking of
4. That there is violence against or personal property
intimidation of any person, or force 11. Intent to gain and personal property belonging to
upon anything another must concur
12. Violence must be against person of offended party
Those Guilty of Robbery Any person and not upon thing taken
who, with intent to gain, shall take any 13. Intimidation need not be threat of bodily harm
personal property belonging to another, 14. General Rule: Violence or intimidation must be
by means of violence against or present before taking personal property is complete
intimidation of any person, or using force Exception: When violence results in (1) homicide, (2) rape,
upon anything, shall be guilty of robbery (3) intentional mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263, taking of
Distinctions Between Effects of personal property is complexed with any of those crimes
Employment of VAIAP and those of use under Art. 294, even if taking was already complete when
FUT: violence was used by the offender
1. Whenever violence against or 15. Taking of property need not be immediately after the
intimidation of any person is used, intimidation
the taking is always robbery; If there 16. R.A. 6539 is the law applicable when property taken
is no violence or intimidation, but in robbery is a motor vehicle
only FUT, taking is robbery if force
is used to either enter building or to
break doors, etc.
337 1. Offended party is a virgin, which is 1. People vs. Balbar (direct assault and act of
Qualified presumed if she is unmarried and of lasciviousness in a classroom where offended party
Seduction good reputation conduct her classes) the presence or absence of
2. that she must be over 12 and under lewd designs is inferred from the nature of the acts
18 years of age themselves and the environmental circumstances.
3. that the offender has sexual Considering the manner, place and time under which
intercourse with her the acts were done, lewd designs can be hardly
4. That there is abuse of authority, attributed to Balbar.
confidence or relationship on the 2. US vs. SUAN there is no seduction when the
part of the offender offended party had other illicit relationships with other
men. SEDUCTION lies on the chaste character or the
woman.
338 1. That the offended party is over 12 A Mayor 1. If the girl is under 12, the crime is rape; if she is over
Simple and under 18 years of age 18, and there is no force or intimidation or she is not
Seduction 2. That she must be of good unconscious or otherwise deprived of reason, there is
reputation, single or widow no crime, even if deceit was used
3. That the offender has sexual 2. Virginity of the offended party is not required
intercourse with her 3. There must be sexual intercourse, otherwise, the
4. That it is committed by means of crime is acts of lasciviousness
deceit 4. A man is liable though willing to marry girl seduced by
him
5. Promise of marriage by a married man or after sexual
intercourse is not seduction
6. There is no continuing offense of seduction
7. Purpose: to punish the seducer
8.
339 1. That the offender commits acts of A Mayor 1. Male cannot be offended party in this crime
Acts of lasciviousness or lewdness 2. It is necessary that crime is committed under
Lasciviousn 2. That the acts are committed upon a circumstances which would make it qualified or simple
ess with woman who is a virgin or single or seduction had there been sexual intercourse, instead
Consent of widow of good reputation, under 18 of acts of lewdness only
Offended years of age but over 12 years, or a 3. Distinguished from Acts of Lasciviousness (336)
Party sister or descendant regardless of a. Both treat of acts of lasciviousness
her reputation or age b. Art. 336 acts are committed under
3. That the offender accomplishes the circumstances which, had there been carnal
acts by abuse of authority, knowledge, would amount to rape
confidence, relationship, or deceit c. Art. 339 acts of lasciviousness are committed
under the circumstances which, had there been
carnal knowledge, would amount to either
qualified seduction or simple seduction
340 1. Offender is person under age PM to 1. Habituality or abuse of authority or confidence is not
Corruption 2. Person promotes or facilitates satisfy lust of necessary
of Minors prostitution or corruption of person another 2. One who casts for his own lust is not liable here
under age 3. Single act without abuse of authority or confidence is
3. Purpose is to satisfy lust of another In addition, now a crime
TAD public 4. Not necessary that unchaste acts have been done
officer or 5. Victim must be of good reputation, not a prostitute, or
employee corrupted person
6. A mere proposal will consummate offense
341 Acts Penalized: PC medium 1. One of the mentioned acts is sufficient to constitute
White Slave 1. Engaging in business of prostitution and maximum the offense
Trade 2. Profiting by prostitution 2. Habituality is not a necessary element
3. Enlisting services of women for the 3. Person engaged in the business of prostitution need
purpose of prostitution not be owner of the house
4. Maintainer or manager of house of ill-repute need not
be present therein at time of raid or arrest to be liable
342 1. That the person abducted is any RT 1. Woman abducted may be married
Forcible woman, regardless of her age, civil 2. Virginity is not an essential element of this crime
Abduction status, or reputation 3. Crimes against Chastity where age and reputation are
2. That the abduction is against her immaterial: rape, acts of lasciviousness agains the will
will or without the consent of offended party, qualified
3. That the abduction is with lewd seduction of sister or descendant, and forcible
designs abduction
4. When female is under 12, it is not necessary that she
be taken against her will
5. Sexual intercourse is not necessary
6. Lewd designs may be shown by the conduct of the
accused
7. when there are several defendants, it is enough that
one has lewd designs
8. Husband is not liable for abduction of wife
9. Nature of Crime: violative of individual liberty of
abducted, her honor and reputation and public order
10. Distinguished from Grave Coercion:
a. In both there is violence or intimidation by
offender
b. Grave Coercion no element of lewd design
11. Distinguished from
343 1. That the offender must be a virgin PC minimum 1. If offender is under 12, it is forcible abduction.
Consented 2. That she must be over 12 and and medium 2. The taking away of the girl need not be with some
Abduction under 18 years of age character of permanency
3. That the taking away of the 3. Abductor need not actually and personally have taken
offended praty must withoher the abducted female from her parents home, or
consent after solicitation or cajolery induced her to abandon it; it is sufficient that he was
from the offender instrumental in her escape
4. That the taking away of the 4. When there was no solicitation of cajolery and no
offended party must be with lewd deceit and the girl voluntarily went with man, there is
designs no crime committed even if they had sexual
intercourse
Purpose of Law: prescribe punishment 5. Actual sexual intercourse is not necessary, since the
for the disgrace to her family and the important element is merely lewd designs
alarm caused therein
345 Seduction or Abduction: 1. Under the RPC, there is no civil liability for acts of
Civil 1. To indemnify the offended woman lasciviousness
Liability of 2. To acknowledge offspring, unless 2. Reasons for Indemnity in Adultery or Concubinage:
Persons the law should prevent him form acknowledgment of offspring is not legally possible,
Guilty of doing so support is not included, because the person who give
Crimes 3. In every case, to support the birth, if at all, is one of the offenders and not the
Against offspring offended party
Chastity 3. Moral damages are recoverable by both offended
Adultery or Concubinage party and her parents
- Indemnify damages caused to 4. Under the Family Code, since children are classified
offended spouse as legitimate or illegitimate, the man (adultery or
concubinage) should now be sentenced to support
offspring, in addition to indemnity
346 Persons Liable Penalties Crimes Embraces in Chapters 2, 3 and 4:
Liability of - cooperate as accomplices but prescribed in 1. Acts of Lasciviousness
Ascendants, are punished as principals: Chapters 2, 3, 4 2. Qualified Seduction
Teachers TSD
Guardians, 1. Ascendants maximum to
3. Simple Seduction
Teachers or 2. Guardian PSD 4. Acts of lasciviousness with the consent of the
Other 3. Curators Other Person offended party
Persons 4. Teachers, and Special 5. Corruption of minors
Entrusted 5. Any other person, who cooperates disqualification 6. White slave trade
with as accomplice with abuse of from filling office 7. Forcible Abduction
Custody authority or confidential relationship of guardian 8. Consented Abduction
365 1. Offended party must choose the civil liability
Imprudence
and
Neligence
298 Elements: 1. If the violence resulted in the death of the person to be
Execution of 1. Offender has intent to defraud another. defrauded, crime is robbery with homicide and shall be
Deeds by Means 2. Offender compels him to execute or penalized under Art. 294 (1).
of Violence or deliver any public instrument or 2. Art. 298 applies to private or commercial document, but it
Intimidation document does not apply if document is void.
3. The compulsion is by means of threat 3. When the offended party is under obligation to sign, execute
or intimidation or deliver the document under ht elaw, it is not robbery but
coercion.
299 Elements of RWFUT under (A): 1. Entrance into the building by any of the means
Robbery in an 1. Offender entered: mentioned in subdivision (a) is not required in robbery
Inhabited House a. Inhabited House under subdivision (b)
or Public b. Public Building 2. The term door in par. 1, subdivision (b) of Art. 299,
Building or c. Edifice Devoted to Religious refers only to doors, lids or opening sheets of
Edifice Devoted Worship furniture or other portable
to Worhsip 2. Entrance was effected by any of the 3. receptaclesnot to inside doors of house or
following means: building.
a) Through an opening not intended 4. Breaking the keyhole of the door of a wardrobe, which
for entrance or egress; is locked, is breaking a locked furniture.
b) by breaking any wall, roof, or floor, 5. It is theft if the locked or sealed receptacle is not
or door or window; forced open in the building where it is kept or taken
c) by using false keys, picklocks or from to be broken outside.
similar tools; or 6. The penalty depends on the value of property taken
d) by using any fictitious name or and on whether or not offender carries arm. Arms
pretending the exercise of public carried must not be used to intimidate. Liability for
authority. carrying arms is extended to all those who
3. That once inside the building, the offender participated in the robbery, including those without
took personal property belonging to another arms.
with intent to gain. 7. The provision punishes more severely the robbery in
a house used as a dwelling than that committed in an
Elements of RWFUT under (B): uninhabited place, because of the possibility that the
1. Offender is inside a dwelling house, public inhabitants in the former might suffer bodily harm
building, or edifice devoted to religious during the robbery.
worship, regardless of the circumstances
under which he entered it (Does not matter as
to how he entered the place)
2. The offender takes personal property
belonging to another with intent to gain under
any of the following circumstances:
a) Breaking of doors, wardrobes,
chests, or any other kind of sealed
furniture or receptacle;
b) By taking such furniture or objects
away to be broken and opened
outside the place of the robbery.
300 Robbery in an inhabited house, public building To qualify Robbery with Force Upon Things (299)
Robbery in an or edifice dedicated to religious worship is Must be committed in an uninhabited place AND by a band. (300)
Uninhabited qualified when committed by a band and
Place and by a located in an uninhabited place. To qualify Robbery with Violence Against or Intimidation of
Band Persons
Must be committed in an uninhabited place OR by a band. (295)
301 Even if the occupant was absent during the
What is an robbery, the place is still inhabited if the place
Uninhabited was ordinarily inhabited and intended as a
House, Public dwelling.
Building
Dedicated to Dependencies: all interior courts, corrals,
Religious warehouses, granaries or inclosed places
Worship and contiguous to the building or edifice, having an
Their interior entrance connected therewith, and
Dependencies which form part of the whole (Art. 301, par. 2).
Requisites:
(1) Contiguous to the building;
(2) Interior entrance connected therewith;
(3) Form part of the whole.
BP 22
1 (a) A person makes or draws and issues
any check to apply on account or for value;
(b) He knows at the time of issuance that he
does not have sufficient funds in or credit with
the drawee bank for the payment of such
check in full upon its presentment; and
The check is subsequently dishonored by
the drawee bank for insufficiency of funds or
credit or would have been dishonored for the
same reason had not the drawer, without any
valid reason, ordered the bank to stop
payment.
320
Destructive
Arson
(As amended by
RA 7659, Sec. 10)
327 (1) Offender deliberately caused damage to MALICIOUS MISCHIEF: It is the willful causing of damage to
Who Are the property of another anothers property for the sake of causing damage because of
Responsible (2) Such act does not constitute arson or hate, revenge or other evil motive.
other crimes involving destruction
(3) Act of damaging anothers property be If there is no malice in causing damage, the obligation to pay for
committed merely for the sake of the damages is only civil (Art. 2176)
damaging it.
Damage means not only loss but also diminution of what is a
mans own. Thus, damage to anothers house includes defacing
it. [People v Asido]
328 Special cases of malicious mischief: (qualified
Special Cases of malicious mischief)
Malicious 1) Causing damage to obstruct the
Mischief performance of public functions
2) Using any poisonous or corrosive
substance
3) Spreading infection or contagion among
cattle
4) (4) Causing damage to property of the
National Museum or National Library, or
to any archive or registry, waterworks,
road, promenade, or any other thing
used in common by the public.
329 Other mischiefs not included in Art. 328 are When several persons scattered coconut remnants which
Other Mischiefs punished based on value of the damage contained human excrement on the stairs and floor of the
caused. municipal building, including its interior, the crime committed is
malicious mischief under Art. 329.
If the amount involved cannot be estimated,
the penalty of arresto menor or fine not
exceeding P200 is fixed by law.
330 Committed by damaging any railway, What is the crime when, as a result of the damage caused to
Damage and telegraph, or telephone lines. If the damage railway, certain passengers of the train are killed?
Obstruction to shall result in any derailment of cars, collision, It depends. Art. 330 says without prejudice to the criminal liability
Means of or other accident, a higher penalty shall be of the offender for other consequences of his criminal act.
Communication imposed. (Qualifying Circumstance)
Telegraph/phone lines must pertain to railways.
If there is no intent to kill, the crime is damages to means
of communication with homicide because of the first
paragraph of Art. 4 and Art. 48.
If there is intent to kill, and damaging the railways was the
means to accomplish the criminal purpose, the crime is
murder
331 The penalty is lower if the thing destroyed is a
Destroying or public painting, rather than a public
Damaging monument.
Statues, Public
Monuments or
Paintings
332 Crimes involved in the exemption: The law recognizes the presumed co-ownership of the
Exemption from (1) Theft property between the offender and the offended party.
Criminal Liability (2) Swindling (estafa) There is no criminal, but only civil liability.
in Crimes (3) Malicious mischief Art. 332 does not apply to a stranger who participates in the
Against Property commission of the crime. Stepfather and stepmother are
If the crime is robbery, exemption does not lie. included as ascendants by affinity. [People v Alvarez;
People v Adame]
Persons exempt from criminal liability: Guevarra: An adopted or natural child should also be
(1) Spouses, ascendants and descendants, or considered as included in the term descendants and a
relatives by affinity in the same line. concubine or paramour within the term spouses.
(2) The widowed spouse with respect to the Art. 332 also applies to common-law spouses. [Art. 144,
property which belonged to the deceased CC; People v Constantino]
spouse before the same passed into the See Also: RA 9372: Human Security Act
possession of another.
(3) Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
333 (1) The woman is married; The offended party must be legally married to the offender
Adultery (2) She has sexual intercourse with a man at the time of the filing of the complaint, even if the
not her husband; marriage be subsequently declared void.
(3) As regards the man with whom she has Each sexual intercourse constitutes a crime of adultery.
sexual intercourse: he must know her to Abandonment without justification is not exempting, but
be married. only mitigating. Both defendants are entitled to this
mitigating circumstance.
Offenders: Married woman AND/OR the man The man, to be guilty of adultery, must have knowledge of
who has carnal knowledge of her, knowing her the married status of the woman.
to be married, even if the M be subsequently A married man who is not liable for adultery, because he
declared void. It is not necessary that there be did not know that the woman is married, may be held liable
a valid M. for concubinage.
Acquittal of one of the defendants does not operate as a
Essence of adultery: Violation of the marital cause of acquittal of the other.
vow Under the law, there is no accomplice in adultery.
Direct proof of carnal knowledge is not necessary.
Gist of the crime: T he danger of introducing
Circumstantial evidence is sufficient. (i.e. love letters signed
spurious heirs into the family, where the rights
by the paramour, photos showing intimate relations,
of the real heirs may be impaired and a man testimony of witnesses)
may be charged with the maintenance of a Pardon by the husband does not exempt the adulterous
family not his own. woman and her paramour from criminal liability for
adulterous acts committed subsequent to such pardon,
because the pardon refers to previous and not to
subsequent adulterous acts.