EFFECT
MEMORY AID IN CRIMINAL LAW
BOOK ONE
TWO SCHOOLS OF THOUGHT IN
CRIMINAL LAW
CRIMINAL LAW – The branch or division of
CLASSICAL
law which defines crimes, treats of their nature
and provides for their punishment.
L I M I TAT I O N S O N T H E P O W E R O F
CONGRESS TO ENACT PENAL LAWS
The law must not: (CODE:VEBI)
1. Violate the equal protection clause of the
Constitution.
2. Partake the nature of an “ex post facto law”.
3. Partake of the nature of a “bill of attainder”.
4. Impose cruel and unusual punishment nor
excessive fines.
1. Basis of
criminal
liability
2. Purpose Retribution
of
penalty
Prevention or
correction
CHARACTERISTICS OF CRIMINAL LAW
3. Exempli
-fied in
The provisions
on impossible
crimes and
habitual
delinquency
1. GENERAL - criminal law is binding on all
persons who live or sojourn in Philippine
territory (Art. 14, NCC.).
EXCEPTIONS: those who are exempted by:
a. Treaty stipulations.
b. Laws of preferential application
c. Principles of public internal law (i.e.,
sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and their charges
d’affaires.
But consuls, vice-consuls
and other commercial representatives of
foreign nations cannot claim the same
privileges and immunities.
Human free
will
POSITIVIST
The RPC in
general
The sum of
social and
economic
phenomena to
which the actor
is exposed
NOTE: A third school of thought may be added
which is called:
Eclectic or Mixed Philosophy – this combines
both positivist and classical thinking. Crimes that
are economic in nature and social in nature
should be dealt with in a positivist manner; thus,
the law is more compassionate. Heinous crimes
should be dealt with in a classical manner: thus,
capital punishment as imposed by RA 7659 is
justified.
2. TERRITORIAL - criminal laws of the
Philippines are enforceable only within its
territory.
ART. 2. APPLICATION OF ITS
PROVISIONS
EXCEPTION:
Art. 2 of the Revised Penal Code.
Exception to the Principle of Territoriality
RULES ON VESSELS:
1. A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.
3. PROSPECTIVE - penal laws cannot make
an act punishable in a manner in which it
was not punishable when committed. As
provided in Article 366 of the Revised Penal
Code, crimes are punished under the laws in
force at the time of their commission.
2.
EXCEPTION:
When a new statute dealing with the
crime established conditions more lenient or
favorable to the accused, it can be given a
retroactive effect.
EXCEPTION TO THE EXCEPTION:
a. The new law is expressly made
inapplicable to pending actions or
existing causes of actions.
b. The offender is a habitual criminal.
➢ If the new law totally repeals the existing law
so that the act which was penalized under
the old law is no longer punishable, the
crime is obliterated.
On Foreign Merchant Vessels:
FRENCH RULE
ENGLISH RULE
GENERAL RULE:
Crimes are not
triable in the courts of
the country,
EXCEPTION:
their commission
affects the peace and
security of the
territory or the safety
of the state is
endangered.
GENERAL RULE:
Crimes are triable in
the country,
EXCEPTION:
they merely affect
things within the
vessel or they refer to
the
internal
management thereof.
NOTE: The English rule is more assertive while
the French rule is more restrained.
ART. 1. TIME WHEN THE ACT TAKES
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
3.
Merchant Vessel vs. Warship(Public Vessel)
MERCHANT
(CODE: G-CLAMP)
MALA IN SE
MALA
PROHIBITA
1. As to
m o r a l
trait of the
offender
The moral trait
is considered.
Liability will
arise only
when there is
dolo or culpa.
The moral trait of
the offender is
not considered.
It is enough that
the prohibited
act
was
voluntarily done.
2. As to
use of
good faith
as
a
defense
Good faith or Good faith is not
lack of criminal a defense.
intent is a valid
d e f e n s e ;
unless the
crime is the
result of culpa.
WARSHIP
More or less subject T e r r i t o r y o f t h e
to territorial laws
country where they
belong. Not subject to
territorial laws
ART. 3. FELONIES
1.
2.
3.
GENERAL ELEMENTS OF FELONIES:
There must be an act or omission i.e.,
external acts, internal acts are beyond
the sphere of penal laws.
The act or omission must be punishable
by the RPC;
The act is performed or the omission
incurred by means of dolo or culpa.
C L A S S I F I C AT I O N O F F E L O N I E S
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED
1. Intentional felonies - the act is performed
with deliberate intent or malice.
REQUISITES OF DOLO OR MALICE:
1. FREEDOM;
2. INTELLIGENCE;
3. INTENT while doing the act or omitting
to do the act. Criminal intent is
presumed from the commission of an
unlawful act.
2. Culpable felonies – Performed without
malice.
REQUISITES OF CULPA:
1. FREEDOM;
2. INTELLIGENCE;
3. NEGLIGENCE AND IMPRUDENCE.
Such negligence or indifference to duty
or to consequence is, in law, equivalent
to criminal intent.
REASON FOR PUNISHING ACTS OF
NEGLIGENCE:
A man must use common sense, and
exercise due reflection in all his acts; it is
his duty to be cautious, careful and
prudent.
3. As to The degree of
degree of accomplishme
accomplis nt of the crime
hment of is taken into
the crime a c c o u n t i n
punishing the
offender.
The act gives
rise to a crime
only when it is
consummated.
4 . A s t o Mitigating and
mitigating a g g r a v a t i n g
a
n
d circumstances
aggravatin are taken into
g
account in
circumstan
imposing the
-ces
penalty
Mitigating and
aggravating
circumstances
are not taken
into account
5. As to
degree of
participati
on
Degree
of
participation is
not taken into
account. All who
perpetrated the
act are punished
to the same
extent.
When there is
more than one
offender, the
degree of
participation of
each in the
commission of
the crime s
taken into
account.
6. As to 1. Violation of 1. Violation of
what
the R.P.C.
S p e c i a l
laws
(General
L a w s
a r e
rule)
(General
violat
rule)
ed
TEST TO DETERMINE WHETHER OFFENSE
IS MALA IN SE:
➢ The test is not the law punishing it but the
nature of the act itself. Although as a rule,
special laws punish acts as mala prohibita, if
the act punished is wrongful in nature, or
inherently immoral, like the offense under
the Election Code regarding the omission of
the voter’s name in the voter’s list, the act is
considered wrong per se and not a wrong
merely because it is prohibited. Hence, good
faith and lack of criminal intent are valid
3. Mala Prohibita- the third class of crimes
punishable by SPECIAL LAWS, and where
criminal intent (or criminal negligence) is
not, as a rule, necessary, it being sufficient
that the offender has the intent to
perpetrate the act prohibited by the special
law.
MALA IN SE vs. MALA PROHIBITA
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
defenses (People vs Sunico [CA] 50 O.G.,
5880)
INTENT
either inadequate or ineffectual.
4. That the act performed should NOT
constitute a violation of another provision of
the Revised Penal Code.
➢ There is no such thing as an attempted or
frustrated impossible crime.
MOTIVE
ART. 6. CONSUMMATED,
FRUSTRATED AND
ATTEMPTED FELONIES
1. purpose to use 1 . m o v i n g p o w e r
particular means to which impels one to
effect such result
act
STAGES OF OFFENSES
2. element of the 2. NOT an element of
c r i m e , e x c e p t i n the crime
malum prohibitum
1.CONSUMMATED FELONY - A felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.
3 . e s s e n t i a l i n 3. essential only when
intentional felonies
the identity of the
perpetrator is in doubt
2. FRUSTRATED FELONY
ELEMENTS:
(CODE: APNI)
1. The offender performs all the acts of
execution
2. All the acts performed would produce
the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the
will of the perpetrator
ART. 4. CRIMINAL LIABILITY
REQUISITES FOR CRIMINAL LIABILITY FOR
A FELONY, DIFFERENT FROM THAT
INTENDED TO BE COMMITTED
(ART 4 PAR. 1 ):
1. That an Intentional felony has been
committed;
2. That the wrong done be different from that
which was intended: and
3. That the intentional felony be the proximate
cause of the wrong done.
3. ATTEMPTED FELONY
ELEMENTS:
(CODE: CANO)
1. T h e o f f e n d e r c o m m e n c e s t h e
commission of the felony directly by
overt acts
2. He does not perform all the acts of
execution which should produce the
felony
3. The offender’s act be not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his own spontaneous
desistance.
PROXIMATE CAUSE -the cause, which, in
natural and continuous sequence, unbroken by
any efficient intervening cause, produces the
injury, and without which the result would not
have occurred.
CAUSES WHICH MAY PRODUCE A RESULT
DIFFERENT FROM THAT INTENDED
1. Error in personae - mistake in the identity of
the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is
different from that intended
➢ OVERT ACTS: Some physical activity or
deed, indicating intention to commit a
particular crime, more than a mere planning
or preparation, which if carried to its
complete termination following its natural
course, without being frustrated by external
obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete
offense.
REQUISITES OF MISTAKE OF FACT AS
DEFENSE: (U.S. vs. Ah Chong)
1. The act done would have been lawful had
the facts been as accused believed them to
be
2. The intention of the accused in doing the act
was lawful
3. T h e m i s t a k e w a s w i t h o u t f a u l t o r
carelessness on the part of the accused
➢ INDETERMINATE OFFENSE: One where
the purpose of the offender in performing an
act is not certain. The accused maybe
convicted for a felony defined by the acts
performed by him up to the time of
desistance. (People vs. Lamahang, 61 Phil
703)
REQUISITES OF AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2):
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently
impossible, OR that the means employed is
TWO STAGES IN THE DEVELOPMENT OF A
CRIME:
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
they would constitute a crime, had they been
carried out.
2. External acts cover a) preparatory acts and
b) acts of execution.
a. Preparatory acts are ordinarily not
punishable.
But preparatory acts,
considered by law as independent
crimes, are punishable (e.g. the
possession of picklocks under Art. 304,
RPC, which is a preparatory act to the
commission of robbery).
b. Acts of execution are punishable under
the Revised Penal Code.
TWO ASPECTS OF CONSPIRACY OR
PROPOSAL TO COMMIT FELONY:
1. GENERAL RULE: As a manner of incurring
criminal liability.
2. EXCEPTION: As a separate punishable
offense.
RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
1. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason: conspiracy and
proposal to commit a crime are only
preparatory acts.
2. EXCEPTION: They are punishable in
cases in which the law specially
provides a penalty therefor.
FACTORS TO CONSIDER IN DETERMINING
WHETHER THE FELONY IS ATTEMPTED,
FRUSTRATED OR CONSUMMATED:
(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
➢ When conspiracy is only a basis for incurring
criminal liability, there must be an overt act
before the co-conspirators become
criminally liable. In which case, the rule is
that: “the act of one is the act of all”.
FORMAL CRIMES - consummated in one
instant, no attempt.
EXCEPTION: If any of the co-conspirators
would commit a crime not agreed upon, the
same is NOT the act of all.
MATERIAL CRIMES - 3 stages of execution.
EXCEPTION TO THE EXCEPTION: But in
acts constituting a “single indivisible
offense”, all will be liable for a crime
committed by one co-conspirator.
The
defense of a particular conspirator would be
that he tried to prevent the commission of
such other act.
ART. 7. LIGHT FELONIES
GENERAL RULE: Light felonies are punishable
only when they have been consummated.
EXCEPTION: If committed against persons or
property, punishable even if attempted or
frustrated.
ART. 9. CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
➢ Only principals and accomplices are liable
for light felonies
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
➢ Accessories are not liable, even if they are
committed against persons or property.
ART. 8. CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
ART. 10. OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a common
criminal objective. There is an implied
agreement.
GENERAL RULE: The provisions of the RPC on
penalties cannot be applied to offenses
punishable under special laws.
EXCEPTION: If the penalties in the special law
follow the penalties in the RPC, the rules in the
RPC shall be applicable (People vs Martin
Simon, July 1994).
ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES - are those
where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law and is
free from both criminal and civil liability. There is
no civil liability, except in par. 4 of Art. 11, where
the civil liability is borne by the persons
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
benefited by the act.
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment or other evil motive.
1. SELF-DEFENSE
REQUISITES:
1. Unlawful aggression (condition sine qua
non);
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself
➢ UNLAWFUL AGGRESSION is equivalent to
assault or at least threatened assault of an
immediate and imminent kind.
4. AVOIDANCE OF GREATER EVIL OR
INJURY
REQUISITES:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater than
that done to avoid it; and
3. There be no other practical and less
harmful means of preventing it.
➢ TEST OF REASONABLENESS - the
means employed depends upon the nature
and quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
character, size and other circumstances, (3)
and those of the person defending himself,
(4) and also the place and occasion of the
assault.
➢ The greater evil must not be brought about
by the negligence or imprudence of the
actor.
➢ NOT required for reasonable necessity:
Perfect equality between the weapons used
by the one defending himself and that of the
aggressor is not required, nor material
commensurability between the means of
attack and defense. Reason: This is
because the person assaulted does not
have sufficient tranquility of mind to think
and to calculate.
➢ Civil liability referred to in a state of
necessity is based not on the act committed,
but on the benefit derived from the state of
necessity. Thus, only the person benefited
is civilly liable.
5. FULFILLMENT OF DUTY; OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
➢ Rights included in self-defense:
Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the enjoyment of
which is protected by law.
1. Includes the right to honor. Hence, a slap
on the face is considered as unlawful
aggression directed against the honor of
the actor (People vs Sabio, 19 SCRA
901),
2. Includes defense of property rights, only
if there is also an actual and imminent
danger on the person of the one
defending (People vs Apolinar, 38 O.G.
2879).
6.
OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by
the person attacked, the one making the
defense had no part therein.
ART. 12. EXEMPTING CIRCUMSTANCES
DEFINITION:
Exempting circumstances (or the
circumstances for non-imputability) - are those
grounds for exemption from punishment,
because there is wanting in the agent of the
crime any of the conditions which makes the act
voluntary, or negligent.
BASIS: (CODE – FINI)
The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
RELATIVES THAT CAN BE DEFENDED:
(CODE: SAD B4R)
1. Spouse
2. Ascendants
3. Descendants
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
or
b. The conduct of the offender after its
commission
(CODE: CALL)
JUSTIFYING
CIRCUMSTANCE
EXEMPTING
CIRCUMSTANCE
1. It affects the act 1.
not the actor.
It affects the
actor not the act.
2. T h e a c t i s 2.
considered to
have been done
within the bounds
of law; hence,
legitimate and
lawful in the eyes
of the law.
The act
complained of is
actually
wrongful, but the
actor is not
liable.
3.
4. A PERSON WHO WHILE PERFORMING A
LAWFUL ACT WITH DUE CARE, CAUSES
INJURY, BY MERE ACCIDENT WITHOUT
FAULT OR INTENTION OF CAUSING IT
ELEMENTS:
1. A person is performing a lawful act;
1. With due care;
2. He causes injury to another by mere
accident;
3. Without fault or intention of causing it.
Since the act is 3. Since the act
considered
complained of is
lawful, there is
actually wrong,
no crime.
there is a crime;
but since the
actor acted
without
voluntariness,
there is no dolo
nor culpa.
4. Since there is no 4.
crime, nor a
criminal, there is
also no liability,
criminal nor civil.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE
ELEMENTS:
1. That the compulsion is by means of physical
force.
2. That the physical force must be irresistible.
3. That the physical force must come from a
third person.
6.
A PERSON WHO ACTS UNDER THE
IMPULSE OF UNCONTROLLABLE FEAR
OF AN EQUAL OR GREATER INJURY
ELEMENTS:
1. That the threat which causes the fear is of
an evil greater than, or at least equal to, that
which he is required to commit;
2. That it promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.
Since there is a
crime committed
though there is
no criminal, there
is civil liability.
1. IMBECILITY OR INSANITY
➢ Insanity or imbecility exists when there is a
complete deprivation of intelligence freedom
of the will.
➢ Duress as a valid defense should be based
on real, imminent, or reasonable fear for
one’s life or limb and should not be
speculative, fanciful, or remote fear.
➢ An insane person is not so exempt if it can
be shown that he acted during a lucid
interval. But an imbecile is exempt in all
cases from criminal liability.
➢ Hence, duress is unavailing where the
accused had every opportunity to run away
if he had wanted to, or to resist any possible
aggression because he was also armed.
2 TESTS OF INSANITY:
Test of COGNITION – complete deprivation
of intelligence in committing the crime.
Test of VOLITION – total deprivation of
freedom of will. (Pp. v. Rafanan)
DISTINGUISHED FROM IRRESISTIBLE
FORCE:
In irresistible force (par. 5), the offender
uses violence or physical force to compel
another person to commit a crime; in
uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to
commit a crime.
7. A PERSON WHO FAILS TO PERFORM AN
A C T R E Q U I R E D B Y L AW, W H E N
PREVENTED BY SOME LAWFUL OR
INSUPERABLE CAUSE.
2. PERSON UNDER NINE YEARS OF AGE
➢ An infant under the age of nine years is
absolutely and conclusively presumed to be
incapable of committing a crime.
➢ The phrase “under nine years” should be
construed “nine years or less”.
3.
PERSON OVER NINE YEARS OF AGE
AND UNDER FIFTEEN, ACTING WITHOUT
DISCERNMENT
Discernment - mental capacity (i.e. of a minor)
to fully appreciate the consequences of an
unlawful act.
Discernment may be shown by:
a. The manner the crime was committed;
ELEMENTS:
1. That an act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due
to some lawful or insuperable cause.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ABSOLUTORY CAUSES
DEFINITION:
Absolutory cause – a circumstance which
is present prior to or simultaneously with the
offense by reason of which, the accused
who acts with criminal intent, freedom and
intelligence does not incur criminal liability
for an act which constitutes a crime, such
as:
1. Spontaneous desistance (Art.6)
2. Accessories who are exempt from
criminal liability (Art. 20)
3. Death or physical injuries under
exceptional circumstances (Art. 247)
4. Persons exempt from criminal liability in
theft, swindling and malicious mischief
(Art. 332)
5. Instigation is an absolutory cause.
REASON: An instigator practically
induces the “would-be accused” into the
commission of the offense, and himself
becomes a co-principal. Sound public
policy requires that the courts condemn
this practice by directing the acquittal of
the accused.
stranger”, unlawful aggression must be
present, it being an indispensable requisite.
PARAGRAPH 2: UNDER 18, OR OVER 70
YEARS OLD
LEGAL EFFECTS OF VARIOUS AGES OF
OFFENDER:
1. The age of absolute irresponsibility - Under
9 years of age, an exempting circumstance
(Art. 12, par. 2);
2. The age of mitigated responsibility - Over 9
and under 15 years of age, acting without
discernment is also an exempting
circumstance, (Art. 12, par. 3; see Art. 68,
par. 1);
3. Minor delinquent (under 18 years of age),
the sentence may be suspended (Art. 192,
PD 603, as amended by PD 1179);
4. Under 18 years of age, privileged mitigating
circumstance (Art. 68);
5. age of full responsibility - 18 years or over,
full criminal responsibility;
6. The age of mitigated responsibility - 70
years or over, mitigating circumstance (Art.
13, par. 2), no imposition of death penalty
(Art. 47, par. 1), execution of death sentence
if already imposed is suspended and
commuted (Art. 83).
ART. 13. MITIGATING CIRCUMSTANCES
DEFINITION:
Mitigating circumstances - those which, if
present in the commission of the crime, do not
entirely free the actor from criminal liability, but
serve only to reduce the penalty.
PARAGRAPH 3: NO INTENTION TO COMMIT
SO GRAVE A WRONG
1. If the offender had no intention to commit so
grave a wrong as that committed, he is
entitled to a mitigating circumstance. This
can be taken into account only when the
facts proven show that there is a notable
and evident disproportion between the
means employed to execute the criminal act
and its consequences.
2. This paragraph is not applicable to culpable
felonies.
BASIS: (CODE: FILI)
Mitigating circumstances are based on
the diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity
of the offender.
CLASSES OF MITIGATING
CIRCUMSTANCES:
As to
the
effect
ORDINARY
PRIVILEGED
If not offset, it will
operate to reduce
the penalty to the
minimum period,
provided the
penalty is a
divisible one.
It operates to
reduce the
penalty by one
to two DEGREES
depending
upon what the
law provides.
As to
offset
May be offset by C a n n o t
a g g r a v a t i n g offset
circumstance
Where
found
subsections 1 to Arts. 68, 69 and
10 of Article 13, 64 of the RPC.
RPC.
PARAGRAPH 4: PROVOCATION OR THREAT
DEFINITION:
Provocation - is understood as any unjust or
improper conduct or act of the offended party,
capable of exciting, inciting, or irritating any one.
REQUISITES: (CODE: SOI)
1. The provocation must be sufficient.
2. It must originate from the offended party.
3. The provocation must be immediate to the
commission of the crime by the person who
is provoked.
be
➢ The threat should not be offensive and
positively strong. Otherwise, the threat to
inflict real injury is an unlawful aggression,
which may give rise to self- defense.
PARAGRAPH 1: INCOMPLETE JUSTIFYING
OR EXEMPTING CIRCUMSTANCE
1. Applies, when all the requisites necessary to
justify the act are not attendant.
2. But in the case of “incomplete self-defense,
defense of relatives, and defense of
PARAGRAPH 5: VINDICATION OF GRAVE
OFFENSE
REQUISITES:
1. That there be a grave offense done to the
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
one committing the felony, his spouse,
ascendants, descendants, legitimate, natural
or adopted brothers or sisters, or relatives
by affinity within the same degrees;
2. That the felony is committed in vindication of
such grave offense.
passion or obfuscation on the part of the
offender, there is no mitigating circumstance if:
a. The act is committed in a spirit of
lawlessness; or
b. The act is committed in a spirit of revenge.
PARAGRAPH 7: SURRENDER AND
CONFESSION OF GUILT
TWO MITIGATING CIRCUMSTANCES ARE
PROVIDED IN THIS PARAGRAPH:
1. Voluntary surrender to a person in authority
or his agents.
2. Voluntary confession of guilt before the
court, prior to the presentation of evidence
for the prosecution.
➢ Immediate vindication means proximate.
Hence, a lapse of time is allowed between
the vindication and the doing of the grave
offense.
PROVOCATION
VINDICATION
1. It is made directly
only to the person
committing the
felony.
1. The grave
offense may be
committed also
against the
offender’s
relatives
mentioned by
law.
REQUISITES OF VOLUNTARY SURRENDER:
(CODE: ASV)
1. That the offender had not been actually
arrested;
2. That the offender surrendered himself to a
person in authority or to the latter’s agent;
3. That the surrender was voluntary.
2. The cause that
brought about the
provocation need
not be a grave
offense.
2. The offended
party must have
done a grave
offense to the
offender or his
relatives
mentioned by
law.
3. It is necessary
that the
provocation or
threat
immediately
preceded the act.
3. The vindication
of the grave
offense may be
proximate, which
admits of an
INTERVAL of
time.
WHEN SURRENDER VOLUNTARY – A
surrender to be voluntary must be
spontaneous, showing the intent of the
accused to submit himself unconditionally to the
authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his
search and capture.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
(CODE: SCoP)
1. T h a t t h e o f f e n d e r s p o n t a n e o u s l y
confessed his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made prior
to the presentation of evidence for the
prosecution.
PARAGRAPH 8: PHYSICAL DEFECT OF THE
OFFENDER
DEFINITION:
Physical defect - referred to in this paragraph is
such as being armless, cripple, or a stutterer,
whereby his means to act, to defend himself, or
to communicate with his fellow human beings, is
limited. However, it is essential that the physical
defect has some relation to the crime committed
by him.
PARAGRAPH 6: PASSION OR OBFUSCATION
REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation in
him.
REQUISITES OF THE MITIGATING
CIRCUSTANCE OF PASSION OR
OBFUSCATION
1. That there be an act, both unlawful and
sufficient to produce such a condition of
mind;
2. That said act which produced the
obfuscation was not far removed from the
commission of the crime by a considerable
length of time, during which the perpetrator
might recover his normal equanimity.
PARAGRAPH 9: ILLNESS OF THE
OFFENDER
REQUISITES:
1. That the illness of the offender diminishes
the exercise of his will power.
2. That such illness should not deprive the
offender of consciousness of his acts.
REASON: When there are causes naturally
producing in a person powerful excitement, he
loses his reason and self-control, thereby
diminishing the exercise of his will power.
PARAGRAPH 10: SIMILAR AND
ANALOGOUS CIRCUMSTANCES
EXCEPTIONS: But even when there is actually
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
to murder
4. INHERENT– those that must, of necessity,
accompany the commission of the crime.
These will not aggravate the crime.
➢ EXAMPLE: Evident premeditation is
inherent in robbery, theft, estafa, adultery, or
concubinage
➢ Authorizes the court to consider in favor of
the accused “any other circumstance of a
similar nature and analogous to those
mentioned” in paragraphs 1 to 9 of Article
13.
ART. 14 AGGRAVATING
CIRCUMSTANCES
(CODE: NO)
DEFINITION:
Aggravating circumstances - are those which,
if attendant in the commission of the crime,
serve to increase the penalty without, however,
exceeding the maximum of the penalty provided
by law for the offense.
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
1.
It does not only
1. Its effect is to
give the crime its
increase the
proper and
penalty, which
exclusive name,
should be
but also places
imposed upon the
the author thereof
accused without
in such a situation
exceeding the
as to deserve no
limit prescribed by
other penalty than
law. It does not
that specially
change the crime
prescribed by law
for said crime.
2.
It cannot be offset 2.
by an ordinary
mitigating
circumstance.
BASIS:
They are based on the greater perversity of the
offender manifested in the commission of the
felony, as shown by (1) the motivating power
itself, (2) the place of commission, (3) the means
and ways employed, (4) the time, or (5) the
personal circumstances of the offender, or of the
offended party.
FOUR KINDS OF AGGRAVATING
CIRCUMSTANCES:
1. GENERIC– those that can generally apply to
all crimes
➢ USUALLY: dwelling; nighttime; recidivism
➢ ENUMERATED:
(1) Advantage taken of public position
(2) Contempt or insult to public authorities
(3) Commission in the dwelling of the
offended party
(4) Abuse of confidence; or obvious
ungratefulness
(5) Places of commission
(6) Nighttime; uninhabited place; or band
(7) Recidivism
(8) Reiteracion
(9) Craft, fraud, or disguise
(10)Unlawful entry
(11)By breaking wall, etc.
(12)Aid of a minor (under 15 years)
GENERIC
AGGRAVATING
CIRCUMSTANCE
It may be
compensated by
a mitigating
circumstance.
MODIFICATIONS IN THE APPLICATION OF
SOME AGGRAVATING CIRCUMSTANCES
(ACs)
(CODE: No Personal Knowledge of Public
Syndicate)
1. ACs WHICH DO NOT HAVE THE EFFECT
OF INCREASING THE PENALTY.
(a)
Those which in themselves, constitute a
crime specially punishable by law, and (b)
those which are included by the law in
defining a crime and prescribing the penalty
therefore (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Those which arise: a) from
the moral attributes of the offender, or b)
from his private relations with the offended
party, or c) from any other personal cause,
shall only serve to aggravate the liability of
the principals, accomplices, and accessories
as to whom such circumstances are
ATTENDANT (Art. 62, par. 3).
3. A C s W H I C H D E P E N D F O R T H E I R
APPLICATION UPON THE KNOWLEDGE
OF THE OFFENDERS.
Those which
consist 1) in the material execution of the
act, or 2) in the means employed to
accomplish it, shall serve to aggravate the
liability of those persons only who had
KNOWLEDGE of them at the time of the
execution of the act or their cooperation
therein (Art. 62, par. 4).
2. SPECIFIC-- those that apply only to
particular crimes.
➢ USUALLY: ignominy in crimes against
chastity; or cruelty and treachery in crimes
against persons
➢ ENUMERATED:
(1) disregard of rank, age, or sex of
offended party
(2) superior strength; or means to weaken
the defense
(3) treachery
(4) ignominy
(5) cruelty
(6) use of unlicensed firearm in murder or
homicide (Section 1, RA 8294)
3. QUALIFYING– those that change the nature
of the crime.
➢ EXAMPLES: Alevosia (treachery), or evident
premeditation qualifies the killing of a person
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
4.
When in the commission of the crime,
advantage was taken by the offender of his
public position, or when the offense was
committed by a person who belongs to a
syndicated crime group, the maximum
penalty shall be imposed regardless of
mitigating circumstances.
c.
sex of the offended party. This refers to
the female sex, not to the male sex.
➢ This circumstance (rank, age, or sex) is
applicable only in crimes against
persons or honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT
AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
obfuscation.
b. When there exists a relationship between
the offended party and the offender.
c. When the condition of being a woman is
indispensable in the commission of the
crime. Thus, in (1) parricide, (2) abduction,
(3) seduction and (4) rape in Art. 266-A
par.1, sex is not aggravating
PARAGRAPH 1: ADVANTAGE TAKEN OF
PUBLIC POSITION
TEST: Did the accused abuse his office in
order to commit the crime?
THIS CIRCUMSTANCE NOT APPLIED IN:
1. FALSIFICATION OF DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR.
3
3. CRIMES COMMITTED BY PUBLIC
OFFICERS (FOUND IN ARTS.
204-245).
➢ Is disregard of sex absorbed in treachery?
The aggravating circumstance of
disregard of sex and age are NOT absorbed
in treachery because treachery refers to the
manner of the commission of the crime,
while disregard for sex and age pertains to
the relationship to the victim (P v. Lapaz;
March 31, 1989)
PARAGRAPH 2: CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is NOT the person against
whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
2. That the crime be committed in
the dwelling of the offended
party.
REASON for aggravating the commission of the
crime in one’s dwelling:
a. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
b. The violation of the sanctity of the home
by trespassing therein with violence or
against the will of the owner.
DEFINITIONS
➢ Dwelling - must be a building or structure,
exclusively used for rest and comfort. It
includes dependencies, the foot of the
staircase and enclosure under the house.
➢ Knowledge that a public authority is present
is essential.
DEFINITION:
A Public Authority, sometimes also called a
“person in authority”, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute
the laws.
➢ There must be NO provocation, in order to
consider this AC. By PROVOCATION is
meant, one which is:
1.Given by the owner of the dwelling,
2.Sufficient, and
3.Immediate to the commission of the
crime.
PARAGRAPH 3: DISREGARD OF RANK,
AGE, OR SEX OF OFFENDED PARTY; OR
COMMISSION IN THE DWELLING OF THE
OFFENDED PARTY
➢ If all the four circumstances enumerated in
this paragraph are present, they have the
weight of only one aggravating
circumstance.
NOTE: For this circumstance to be
considered, it is NOT necessary that the
accused should have actually entered the
dwelling of the victim to commit the offense.
It is enough that the victim was attacked
inside his own house, although the assailant
may have devised means to perpetrate the
assault from without.
1. That the act be committed with insult or
in disregard of the respect due the
offended party on account of the –
a. rank of the offended party. There must
be a difference in the social condition of
the offender and the offended party.
b. age of the offended party. Applies to
cases where the victim is of tender age
as well as of old age.
DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
a. When both offender and offended party are
occupants of the same house, even if the
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
offended party is a servant in the house.
➢ BUT in adultery, it is still aggravating
even if it was also the dwelling of the
unfaithful wife, because of a very grave
offense against the head of the house.
BUT the rule is again different if both the
unfaithful wife and the paramour were
living, and had the right to live, in the
same house of the offended spouse.
2. The public
authority should
not be the
offended party.
NOTE: There is a decided case to the effect
that the offender must have the intention to
commit a crime when he entered the place; i.e.
“she must have murder in her heart” (People v.
Jaurigue, 76 Phil 174). Any of the said places is
not therefore, aggravating, if the crime was
casually committed therein.
b. In robbery by use of force upon things and
trespass to dwelling because dwelling is
inherent.
PARAGRAPH 4: ABUSE OF CONFIDENCE;
OR OBVIOUS UNGRATEFULNESS
PARAGRAPH 6: NIGHTTIME; UNINHABITED
PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR
BAND IS AGGRAVATING –
1. When it facilitated the commission of the
crime; or
2. When it was especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity.
REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime.
REQUISITES
OF
OBVIOUS
UNGRATEFULNESS:
1. That the offended party had trusted the
offender;
2. That the offender abused such trust by
committing a crime against the offended
party; and
3. That the act be committed with obvious
ungratefulness.
➢ The confidence between the offender and
the offended party must be immediate and
personal.
DEFINITIONS:
1. “For the purpose of impunity” - means to
prevent his (accused’s) being recognized, or
to secure himself against detection and
punishment.
2. “Nighttime” - is the period of darkness
beginning at the end of dusk and ending at
dawn. Nighttime by and of itself is not
necessarily aggravating. TESTS: (1) the
commission of the crime must begin and be
accomplished in the nighttime; or (2) the
offense must be actually be committed in the
darkness of the night.
3. “An uninhabited place” - is one where
there are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a great distance
from each other. [TEST OF UNINHABITED
PLACE] But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibility of the victim receiving
some help. [TEST OF WHETHER OR NOT
AGGRAVATING]
4. “BAND” - Whenever more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be
deemed to have been committed by a band.
5. “Acted together” - means direct part in the
execution of the act constituting the crime.
Hence, if one of the four armed men is a
principal by inducement only, they do not
form a band, because a principal by
inducement connotes that he has no direct
participation in the perpetration thereof.
PARAGRAPH 5: PLACES OF COMMISSION
Places:
1. Palace of the Chief Executive;
2. In the presence of the Chief Executive;
3. Where public officers are engaged in the
discharge of their duties;
4. Place dedicated to religious worship.
PAR. 2:
CONTEMPT OR
INSULT TO
PUBLIC
AUTHORITIES
1. The public
authorities are
performing their
duties outside of
their office.
2. The public
authority may be
the offended
party.
PAR. 5: PLACE
WHERE PUBLIC
AUTHORITIES
ARE ENGAGED
IN THE
DISCHARGE OF
THEIR DUTIES
1. The public
authorities, who
are in the
performance of
their duties, must
be in their office.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
PARAGRAPH 7: ON OCCASION OF
CALAMITY OR MISFORTUNE
conviction.
PARAGRAPH 10: REITERACION OR
HABITUALITY
REQUISITES: (CODE: TriPLE CONVICTED)
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense.
3. That he is convicted of the new offense.
THE REASON for the existence of this
circumstance is found in the debased form of
criminality met in one who, in the midst of a
great calamity, instead of lending aid to the
afflicted, adds to their great suffering by taking
advantage of their misfortune to despoil them.
PARAGRAPH 8: AID OF ARMED MEN, ETC.
REQUISITES:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
committed.
RECIDIVISM
Exceptions:
1. This aggravating circumstance shall not be
considered when both the attacking party
and the party attacked were equally armed.
2. This aggravating circumstance is not
present when the accused as well as those
who cooperated with him in the commission
of the crime acted under the same plan and
for the same purpose.
➢ Aid of armed men is absorbed by
“employment by a band”.
1.
1. It is enough that a
final judgment
has been
rendered in the
first offense.
1. It is necessary
that the offender
shall have served
out his sentence
for the first
offense
2. Recidivism
requires that the
offenses be
included in the
same title of the
Code.
2. The previous and
subsequent
offenses must
NOT be
embraced in the
same title of the
Code
FORMS OF REPETITION
1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art.
62, Par. 5)
4. Quasi-Recidivism (Art. 160)
PAR 8 (“WITH AID OF ARMED MEN”)
VS. PAR. 6 (“BY A BAND”)
BAND
REITERACION
ARMED MEN
PARAGRAPH 11: PRICE, REWARD, OR
PROMISE
requires more 1. AT LEAST 2
than three
a r m e d
malefactors
➢ When this aggravating circumstance is
present, there must be two or more
principals; the one who gives or offers the
price or promise and the one who accepts it.
2. s h a l l h a v e 2. actual aid is not
acted together
n e c e s s a r y,
in
the
sufficient even if
commission of
offenders
an offense.
merely relied on
the aid of the
armed men
➢ The evidence must show that one of the
accused used money or other valuable
consideration for the purpose of inducing
another to perform the deed.
➢ When this aggravating circumstance is
present, it affects not only the person who
received the price or the reward, but also the
person who gave it.
PARAGRAPH 9: RECIDIVIST
REQUISITES: (CODE: TriPS CONVICTED)
1.That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
PARAGRAPH 12: BY MEANS OF
INUNDATION, FIRE, ETC.
➢ Any of the circumstances in paragraph 12
cannot be considered to increase the
penalty or to change the nature of the
offense unless used by the offender as a
means to accomplish a criminal purpose.
➢ There is no recidivism if the subsequent
conviction is for an offense committed
before the offense involved in the prior
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
PAR. 12
PAR. 7
Under par. 12, the
crime is committed by
means of any of such
acts involving great
waste and ruin.
Under par.7, the crime
is committed on the
occasion of a
calamity
or
misfortune.
PARAGRAPH 16: TREACHERY (ALEVOSIA)
There is treachery when the offender
commits any of the crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and
specially to insure its execution, without risk to
himself arising from the defense which the
offended party might make.
PARAGRAPH 13: EVIDENT PREMEDITATION
The essence of premeditation is that
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a
calm judgment.
REQUISITES:
1. That at the time of the attack, the victim was
not in a position to defend himself;
2. That the offender consciously adopted the
particular means, method or form of the
attack employed by him.
REQUISITES:
1. Proof of the time when the offender
determined to commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act
and to allow his conscience to overcome the
resolution of his will.
➢ Killing a child is characterized by treachery,
because the weakness of the victim due to
his tender age results in the absence of any
danger to the accused.
RULES ON TREACHERY:CODE: (PICTA)
1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.
4. Must be present at the proper time.
5. Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.
PARAGRAPH 14: CRAFT, FRAUD, OR
DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual
trickery or cunning on the part of the
accused.
2. Fraud - involves the use of insidious
words and machination, used to induce
the victim to act in a manner, which
would enable the offender to carry out
his design.
3. Disguise - involves resort to any device
in order to conceal identity.
SUMMARY OF RULES WHEN TREACHERY IS
PRESENT:
a) When the aggression is continuous,
treachery must be present in the beginning
of the assault (People vs Canete, 44 Phil
478);
b) When the assault was not continuous in that
there was an interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given (US vs Baluyot, 40 Phil
385).
➢ When there is a direct inducement by
insidious words or machinations, fraud is
present; otherwise, the act of the accused
done in order not to arouse the suspicion of
the victim constitutes craft.
PARAGRAPH 17: IGNOMINY
DEFINITIONS:
Ignominy - a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
It must tend to make the effects of the
crime more humiliating or to put the offended
party to shame.
PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of
superior strength means to use purposely,
excessive force out of proportion to the
means of defense available to the person
attacked.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.
➢ The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties.
2. Means to weaken the defense - The
offender employs means to materially
weaken the resisting power of the offended
party.
NOTE:
The Supreme Court considered
ignominy in the crime of rape (People vs.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil
155], People vs. Carmina [193 SCRA 429])
THE ALTERNATIVE CIRCUMSTANCES ARE:
(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
PARAGRAPH 18: UNLAWFUL ENTRY
There is unlawful entry when an
entrance is effected by a way not intended for
the purpose.
It must be a means to effect
entrance and not for escape.
1 . R E L AT I O N S H I P - T h e a l t e r n a t i v e
circumstance of relationship shall be taken into
consideration when the offended party is the –
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or relative by affinity in the same
degree, of the offender.
PARAGRAPH 19: BY A WALL, ROOF,
FLOORDOOR OR WINDOW BE BROKEN
ETC.
➢ To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime. The circumstance is aggravating only
in those cases where the offender resorted
to any of said means to enter the house. If
broken to get out of the place, it is not an
aggravating circumstance.
➢ The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
analogy to that of ascendant and
descendant.
WHEN MITIGATING AND WHEN
AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
a. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding “Persons
exempt from criminal liability”.
OF
COURSE in view of Art. 332, when the
crime committed is: (a) theft, (b) estafa,
or (c) malicious mischief, relationship is
exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in
crimes against persons in cases where
the offended is a relative of a higher
degree than the offender, or when the
offender and the offended party are
relatives of the same level.
PARAGRAPH 20: AID OF MINOR (UNDER
15YEARS); OR BY MEANS OF MOTOR
VEHICLES, ETC.
TWO DIFFERENT CIRCUMSTANCES ARE
GROUPED IN THIS PARAGRAPH.
The first one tends to repress the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility; while the
second one is intended to counteract the great
facilities found by modern criminals in said
means to commit crime, and then flee and
abscond once the same is committed.
PARAGRAPH 21: CRUELTY
ESSENCE:
THERE IS CRUELTY when the culprit
enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act.
➢ It is aggravating even if offended party is a
descendant, if offense is physical injuries
under Art. 263, except with regard to parents
who inflict injuries to their children by reason
of excessive chastisement.
REQUISITES:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
➢ In crimes against chastity, relationship is
always aggravating, regardless of whether
the offender is a relative of a higher or lower
degree of the offended party.
➢ However, relationship is neither mitigating
nor aggravating, when relationship is an
element of the offense.
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering,
while cruelty (par. 21) refers to physical
suffering.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
2. INTOXICATION - By state of intoxication is
meant that the offender’s mental faculties must
be affected by drunkenness.
Alternative circumstances are those,
which must be taken into consideration as
aggravating or mitigating, according to the
nature and effects of the crime and the other
conditions attending its commission.
WHEN MITIGATING AND WHEN
AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual,
or 2) not subsequent to the plan to commit a
felony.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan
to commit a felony).
1. by using irresistible force
2. by causing uncontrollable fear
2. Directly inducing another to commit a
crime
Two ways of directly inducing another to
commit a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
3. D E G R E E O F I N S T R U C T I O N A N D
EDUCATION OF THE OFFENDER
➢ Low degree of instruction and education or
lack of it is generally mitigating.
High
degree of instruction and education is
aggravating, when the offender availed
himself of his learning in committing the
crime.
REQUISITES of #1 (Principal by
inducement, through giving price, etc):
In order that a person maybe
convicted as a principal by inducement,
the following requisites must be present1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
➢ Lack of instruction or low degree of it, is
appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every rational
being is endowed to know and feel.
ART. 16. PERSONS WHO ARE
CRIMINALLY LIABLE
2. that such inducement be the
determining cause of the
commission of the crime by the
material executor
GRAVE AND LESS GRAVE FELONIES:
1. Principals
2. Accomplices
3. Accessories
REQUISITES of #2 (Principal by
inducement, through words of
command):
In order that a person using words
of command maybe held liable, the
following requisites must be present--1. That the one uttering the words of
command must have the intention of
procuring the commission of the
crime
2. That the one who made the
command must have an
ascendancy or influence over the
person who acted
3. That the words used must be so
direct, so efficacious, so powerful as
to amount to physical
or moral
coercion
4. The words of command must be
uttered prior to the commission of
the crime
5. The material executor of the crime
has no personal reason to commit
the crime
LIGHT FELONIES:
1. Principals
2. Accomplices
➢ The classification of the offenders as
principal, accomplice, or an accessory is
true only under the RPC but not in the
special laws because the penalties under
the latter are not graduated.
Two parties in all crimes
1. ACTIVE subject (the criminal)
2. PASSIVE subject (the injured party)
ART. 17. PRINCIPALS
KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION personally takes part in the execution of the act
constituting the crime
REQUISITES:
1. That they participated in the criminal
resolution;
2 That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
Principal by
Inducement
Offender who made
Proposal to Commit
a Felony
2. PRINCIPAL BY INDUCTION - the principal by
induction becomes liable only when the principal
by direct participation committed the act
induced.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
1. Directly forcing another to commit a crime,
Two ways of directly forcing another to
commit a crime:
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. Becomes liable
only when the
crime is
committed by the
principal by direct
participation
3. Inducement
involves any
crime.
2. The mere
proposal to
commit a felony is
punishable in
treason or
rebellion; the
person to whom
the proposal is
made should not
commit the crime,
otherwise, the
proponent
becomes a
principal by
inducement
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
but does not render him a principal by direct
participation or by indispensable
cooperation; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as accomplice.
2. The proposal
must involve only
treason or
rebellion
SPECIFIC ACTS OF ACCESSORIES:
(CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the
offender to profit by the effects of the crime
2. By concealing or destroying the body of the
crime to prevent its discovery
3. By harboring, concealing or assisting in the
escape of the principal of the crime
ART. 19. ACCESSORIES
➢ An accessory must have knowledge of the
commission of the crime and having
knowledge he took part subsequent to its
commission
EFFECT OF ACQUITTAL OF ONE OF THE
CO-CONSPIRATORS TO THE OTHER COCONSPIRATORS:
As a rule, the acquittal of one of the coconspirators redounds to the benefit of the other
co-conspirators EXCEPT when the acquittal is
due to circumstances personal to the accused.
2 CLASSES OF ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
(i.e., HARBORING, etc):
(a)Public officers who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
functions
(b)Private persons who harbor, conceal or
assist in the escape of the author of the
crime – guilty of treason, parricide,
murder, or an attempt against the life of
the President, or who is known to be
habitually guilty of some other crime
2. P R I N C I PA L S B Y I N D I S P E N S A B L E
COOPERATION
REQUISITES:
1. Participation in the criminal resolution,
that is, there is either anterior
conspiracy or unity of criminal purpose
and intention immediately before the
commission of the crime charged; and
2. Cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished
➢ Under paragraphs 1 and 2, the accomplice
and the accessory may be tried and
convicted even before the principal is found
guilty. However, under paragraph 3
(harboring), the crime committed by and the
identity of the principal must be established
in a trial. (Ppl vs Barlam CA,59 O.G. 2474;
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw
Lin CA,63 O.G. 3821)
COLLECTIVE CRIMINAL RESPONSIBILITY
(WHEN THERE IS CONSPIRACY)
There is collective criminal responsibility
when the offenders are criminally liable in the
same manner and to the same extent. The
penalty to be imposed must be the same for all.
ACCESSORY VS. PRINCIPAL AND
ACCOMPLICE
1. The accessory does not take part or
cooperate in, or induce, the commission of
the crime;
2. The accessory does not cooperate in the
commission of the offense by acts prior
thereto or simultaneous therewith;
3. The participation of the accessory in all
cases always takes place after the
commission of the crime.
INDIVIDUAL CRIMINAL RESPONSIBILITY
(WHEN THERE IS NO CONSPIRACY)
The criminal responsibility arising from
different acts directed against one and the same
person is individual and not collective, and each
of the participants is liable only for the act
committed by him.
ART. I8. ACCOMPLICES
REQUISITES:
CODE: (COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter in his purpose;
ART. 20. ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE
NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony;
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
and
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether legitimate, natural, or adopted, or
where the accessory is a relative by affinity
within the same degree, unless the
accessory himself profited from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
GENERAL RULE:
PROSPECTIVE APPLICATION
EXCEPTION:
WHEN FAVORABLE TO THE ACCUSED WHO
IS NOT A HABITUAL CRIMINAL
AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
1. Makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than
it was, when committed;
3. Changes the punishment
and inflicts a
greater punishment than the law annexed to
the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony that the law required at the time of
the commission of the offense;
5. Assuming to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty
PD 1829: Penalizes the act of any person who
knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of
suspects and the investigation and
prosecution of criminal cases. NOTE: The
benefit of the above mentioned
exceptiounsa n in Article 20 of the RPC does
not apply to PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
Different juridical conditions of penalty:
1. Productive of suffering, without however
affecting the integrity of the human
personality
2. Commensurate with the offense – different
crimes must be punished with different
penalties
3. Personal – no one should be punished for
the crime of another
4. Legal – it is the consequence of a judgment
according to law
5. Certain – no one may escape its effects
6. Equal for all
7. Correctional
ART. 23. EFFECT OF PARDON BY THE
OFFENDED PARTY
As a rule, a pardon by the offended
party does not extinguish criminal action, except
as provided under Art. 344 of RPC.
Two classes of injuries caused by an
offense:
SOCIAL INJURY
PERSONAL INJURY
1. Produced by the 1. Caused to th e
disturbance and
victim of the
alarm
crime,
who
suffered damage
Theories justifying penalty:
1. Self-defense – to protect society from the
threat and wrong inflicted by the criminal
2. Reformation – to correct and reform the
offender
3. Exemplarity – to serve as an example to
deter others from committing crimes
4. Justice – an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal
2. Repaired through 2. Repaired through
the imposition of
indemnity which is
the corresponding
civil in nature
penalty
3. T h e o f f e n d e d 3. T h e o f f e n d e d
party cannot
party may waive it
pardon
the
and the state has
offender so as to
no reason to insist
relieve him of the
on its payment
penalty
THREE-FOLD PURPOSE OF THE PENALTY
UNDER THE RPC:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the
offense
2. Correction or reformation- as shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty
3. Social defense – shown by its inflexible
severity to recidivists and habitual
delinquents
ART. 24. MEASURES OF PREVENTION
OR SAFETY WHICH ARE NOT
CONSIDERED PENALTIES -
THE FOLLOWING ARE NOT CONSIDERED
PENALTIES:
1. The arrest and temporary detention of
accused persons, as well as their detention
by reason of insanity or imbecility or illness
requiring their confinement in a hospital;
2. The commitment of a minor to any of the
ART. 22. RETROACTIVE EFFECT OF
PENAL LAWS
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
institutions mentioned in Art. 80 (now Art.
192 PD603) for the purposes specified
therein;
3. Suspension from the employment or public
office during the trial or in order to institute
proceedings;
4. Fines and other corrective measures which,
in the exercise of their administrative
disciplinary powers, superior officials may
impose upon their subordinates; and
5. Deprivation of rights and reparations which
the civil laws may establish in penal form.
1. A pardon shall not restore the right to hold
public office or the right of suffrage.
EXCEPT; when any or both such rights is or
are expressly restored by the terms of the
pardon;
2. It shall not exempt the culprit from the
payment of the civil indemnity.
LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER
1. That the power can be exercised only after
conviction;
2. That such power does not extend to cases
of impeachment.
ART. 25. PENALTIES WHICH MAY BE
IMPOSED
➢ A presidential pardon affects only the
principal penalty and not the accessory
penalties, unless the same are expressly
remitted in the pardon.
CLASSIFICATION OF PENALTIES:
1. Principal penalties – those expressly
imposed by the court in the judgment of
conviction.
Principal Penalties According to Divisibility:
a. Divisible
b. Indivisible. These are:
1. Death;
2. Reclusion Perpetua;
3. Perpetual absolute disqualification;
4. Public censure.
Pardon by the Chief
Executive
Pardon by the
Offended Party
1.
Extinguishes the
criminal liability of
the offender
1. Does NOT
extinguish the
criminal liability of
the offender
2. Accessory penalties – those that are
deemed included in the imposition of the
principal penalties
2.
Cannot include
civil liability which
the offender must
pay
2. Offended party
can waive the civil
liability which the
offender must pay
This article classifies penalties according to
their gravity:
1. Capital
2. Afflictive
3. Correctional
4. Light
3.
Granted only
AFTER
CONVICTION,
and may be
extended to any
of the offenders
3. Pardon should be
given BEFORE
THE
INSTITUTION of
criminal
prosecution, and
must extend to
both/all offenders
This corresponds to the classification of
felonies according to their gravity under Art.
9:
1. Grave
2. Less grave
3. Light
ART. 37. COSTS – WHAT ARE
INCLUDED
The following are included in costs:
1. Fees, and
2. Indemnities, in the course of judicial
proceedings
ART. 29. PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM
TERM OF IMPRISONMENT
ART. 38. PECUNIARY LIABILITIES –
ORDER OF PAYMENT
OFFENDERS NOT ENTITLED TO THE FULL
TIME OR FOUR-FIFTHS OF THE TIME OF
PREVENTIVE IMPRISONMENT:
1. Recidivists or those convicted previously
twice or more times of any crime.
2. Those who upon being summoned for the
execution of their sentence, failed to
surrender voluntarily
ARTS. 30 – 35. EFFECTS OF PENALTIES
In case the property of the offender should
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the
following:
1. The reparation of the damage caused.
2. Indemnification of the consequential
damages.
3. Fine.
4. Costs of proceedings.
ART. 36. PARDON; ITS EFFECTS
ART. 39. SUBSIDIARY PENALTY
Subsidiary penalty - is a subsidiary personal
liability to be suffered by the convict who has no
EFFECTS OF PARDON BY THE PRESIDENT
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
property with which to meet the fine, at the rate
of one day for each eight pesos, subject to the
rules provided in Art. 39.
is not obtained for the imposition of the
death penalty.
➢ Automatic Review is available only in
cases where death penalty is imposed
(RA 7659).
➢ There is no subsidiary penalty for nonpayment of (a) the reparation of the damage
caused, (b) indemnification of the
consequential damages, and (c) the cost of
the proceedings.
CRIMES PUNISHABLE BY DEATH UNDER RA
7659
CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
1. Murder
2. Carnapping
3. Treason
4. Rape
5. Infanticide
6. Plunder
7. Parricide
8. Qualified Piracy
9. Qualified Bribery
10. Violation of Certain provisions of the
Dangerous Drugs Act
11. Piracy in general and Mutiny on the High
Seas or in the Philippines Waters
12. Destructive Arson
13. R o b b e r y w i t h V i o l e n c e A g a i n s t o r
Intimidation of Persons
14. Kidnapping and Serious Illegal Detention
➢ Subsidiary penalty is not an accessory
penalty, hence it must be specifically
imposed by the court in its judgment.
A R T. 4 5 .
C O N F I S C AT I O N A N D
FORFEITURE OF THE PROCEEDS OR
INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS
ARTICLE:
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime
2. The proceeds and instruments or tools of
the crime are confiscated and forfeited in
favor of the Government
3. Property of a third person who is not liable
for the offense, is not subject to confiscation
and forfeiture
4. Property not subject of lawful commerce
(whether it belongs to the accused or to a
third person) shall be destroyed
ART. 48. COMPLEX CRIMES
Plurality of Crimes - consists in the successive
execution, by the same individual, of different
criminal acts, upon any of which no conviction
has yet been declared
APPLICATION OF PENALTIES
TWO TYPES OF PLURALITY OF CRIMES:
1. Formal or Ideal – involves the same criminal
intent resulting in two or more crimes but for
which there is only one criminal liability.
Ex: complex crimes under Art. 48
ART. 46. PENALTY TO BE IMPOSED
UPON PRINCIPALS IN GENERAL
GRADUATION OF PENALTIES:
1. BY DEGREES– refers to (1) the stages of
execution (consummated, frustrated, or
attempted); and (2) the degree of the
criminal participation of the offender
(whether as principal, accomplice, or
accessory).
2. BY PERIODS– refers to the proper period of
the penalty which should be imposed when
aggravating or mitigating circumstances
attend the commission of the crime
2. Material or real – refers to different criminal
intents resulting in two or more crimes for
each of which, the accused incurs criminal
liability.
Ex: falsification to conceal malversation
TWO KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME (delito compuesto)
— a single act constitutes two or more grave
or less grave felonies.
REQUISITES:
1. That only a single act is performed
by the offender;
2. That the single act produces: (1) two
or more grave felonies, or (2) one or
more grave and one or more less
grave felonies, or (3) two or more
less grave felonies.
ART. 47. IN WHAT CASES THE DEATH
PENALTY SHALL NOT BE
IMPOSED
DEATH PENALTY IS NOT IMPOSED IN THE
FOLLOWING CASES:
1. UNDER AGE. When the offender is below
18 years of age at the time of the
commission of the crime.
2. OVER AGE. When the guilty person is more
than seventy (70) years of age
3. NO COURT MAJORITY. When upon appeal
or automatic review of the case by the
Supreme Court, the vote of eight members
2. COMPLEX CRIME PROPER (delito
complejo) — an offense is a necessary
means for committing the other.
REQUISITES:
1. That at least two offenses are
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ART. 59. PENALTY TO BE IMPOSED IN
CASE OF FAILURE TO COMMIT THE
CRIME BECAUSE THE MEANS
EMPLOYED OR THE AIMS SOUGHT ARE
IMPOSSIBLE
committed;
2. That one or some of the offenses
must be necessary to commit the
other;
3. That both or all of the offenses must
be punished under the same
statute.
BASIS FOR THE IMPOSITION OF PROPER
PENALTY:
1. Social danger; and
2. Degree of criminality shown by the offender
NO COMPLEX CRIME IN THE FOLLOWING
CASES:
1. In case of a continued crime
2. When one offense is committed to conceal
the other.
3. When the other crime is an indispensable
part or an element of the other offense.
4. When the crimes are covered by the rules
on absorption
5. When the crimes involved cannot be legally
complexed such as when the penal
provision specially provides that the penalty
for other felonies shall be “in addition to” the
penalty imposed by this article.
6. Where one of the offenses is penalized by a
special law
ART. 61. RULES OF GRADUATING
PENALTIES
Art. 61 furnishes the graduation of
penalties by degrees, while Art. 64 govern the
graduation of penalties by periods.
DIAGRAM OF THE APPLICATION OF ARTS.
50 TO 57:
CONTINUED CRIME– is a single crime,
consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in
the commission is immaterial.
Real or Material
Plurality
Continued Crime
1. There is a series
of acts performed
by the offender
1. There is a series
of acts performed
by the offender
2. Each act
performed by the
offender
constitutes a
separate crime,
each act is
generated by a
criminal impulse
2. The different acts
constitute only
one crime, all of
the acts
performed arise
from one criminal
resolution
COMPLEX CRIME
SSPECIAL
COMPLEX CRIME
CONSUM
MATED
FRUSTRA
TED
ATTEMPTED
Prin
0
1
2
Accom
1
2
3
Access
2
3
4
In this diagram, “O” represents the
penalty prescribed by law in defining a crime,
which is to be imposed on the principal in a
consummated offense, in accordance with the
provisions of Art. 64.
The other figures
represent the degrees to which the penalty must
be lowered, to meet the different situations
anticipated by law.
A R T. 6 2 .
EFFECTS OF THE
ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND
OF HABITUAL DELINQUENCY
EFFECTS:
1. Aggravating circumstances (generic and
specific) have the effect of increasing the
penalty, without however exceeding the
maximum period provided by law
2. Mitigating circumstances have the effect of
diminishing the penalty
3. Habitual delinquency has the effect, not only
of increasing the penalty because of
recidivism which is generally implied in
habitual delinquency, but also of imposing
an additional penalty
1. The combination 1. The combination
is generalized,
of the offenses
that is, grave and/
are fixed by law,
or less grave; one
e.g., robbery with
offense
is
rape
necessary to
commit the other
REQUISITES OF HABITUAL DELINQUENCY:
CODE:(Convicted-CommittedConvictedCommittedConvicted)
1. that the offender had been convicted of any
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL)
2. that after conviction or after serving his
sentence, he again committed, and, within
2. The penalty for 2. The penalty for
the crime is not
the specified
specific but for the
combination of
most serious
crimes is also
o ff e n s e i n t h e
specific.
maximum period.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
10 years from his release or first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener.
Habitual
Delinquency
As to the
CRIMES
committed
1. The crimes are
specified
OUTLINE OF THE RULES:
1. No aggravating, no mitigating- medium
period.
2. Only a mitigating circumstance- minimum
period.
3. Only an aggravating- maximum period.
C A S E S I N W H I C H M I T I G AT I N G A N D
AGGRAVATING CIRCUMSTANCES ARE NOT
CONSIDERED IN THE IMPOSITION OF
PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants
4. When the penalty is only a fine imposed by
an ordinance
5. When the penalties are prescribed by
special laws
Recidivism
1. It is sufficient that
the accused on
the date of his
trial, shall have
been previously
convicted by final
judgment of
another crime
embraced in the
same title
As to the
PERIOD of
time the
crimes are
committed
2. The offender is
found guilty
within ten years
from his last
release or last
conviction
2. No period of time
between the
former conviction
and the last
conviction
As to the
NUMBER
of crimes
committed
3. The accused
must be found
guilty the third
time or oftener of
the crimes
specified
3. The second and
the first offense is
found in the same
title
As to their
EFFECTS
4. An additional
penalty is also
imposed
4. If not offset by a
mitigating
circumstance,
serves to
increase the
penalty only to
the maximum
ART. 66. IMPOSITION OF FINES
OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider: (1) the mitigating
and aggravating circumstances; and (2)
more particularly, the wealth or means of the
culprit.
3. The court may also consider: (1) the gravity
of the crime committed; (2) the heinousness
of its perpetration; and (3) the magnitude of
its effects on the offender’s victims.
ART. 68.
PENALTY TO BE IMPOSED
UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. 68:
This article is not immediately applicable to a
minor under 18 years of age, because such
minor, if found guilty of the offense charged,
is not sentenced to any penalty. The
sentence is suspended and he is ordered
committed to the reformatory institution, IF,
his application therefor is approved by the
court.
This article applies to such minor if his
application for suspension of sentence is
DISAPPROVED OR if while in the
reformatory institution he becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalty.
ART. 63. RULES FOR THE APPLICATION
OF INDIVISIBLE PENALTIES
OUTLINE OF THE RULES:
1. When the penalty is single indivisible, it shall
be applied regardless of any mitigating or
aggravating circumstances.
2. When the penalty is composed of two
indivisible penalties, the following rules shall
be observed:
(a) When there is only one aggravating
circumstance, the greater penalty shall
be imposed.
(b) When there is neither mitigating nor
aggravating circumstances, the lesser
penalty shall be imposed.
(c) When there is a mitigating circumstance
and no aggravating circumstance, the
lesser penalty shall be imposed.
(d) When both mitigating and aggravating
circumstances are present, the court
shall allow them to offset one another.
ART. 70. SUCCESSIVE SERVICE OF
SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICT’S SENTENCE shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
ART. 64. RULES FOR THE APPLICATION
OF PENALTIES, WHICH CONTAIN THREE
PERIODS
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
II. IF THE PENALTY IS IMPOSED BY A
SPECIAL PENAL LAW
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR
MORE PENALTIES IMPOSED ON ONE AND
THE SAME ACCUSED
1. material accumulation system
No limitation whatever, and accordingly,
all the penalties for all the violations were
imposed even if they reached beyond the
natural span of human life.
2. juridical accumulation system
Limited to not more than three-fold the
length of time corresponding to the most severe
and in no case to exceed 40 years. This is
followed in our jurisdiction.
3. absorption system
The lesser penalties are absorbed by
the graver penalties.
➢ SIMPLY for special laws, it is anything within
the inclusive range of the prescribed penalty.
Courts are given discretion and the
circumstances are not considered.
B. WHEN BENEFIT OF THE ISLAW IS NOT
APPLICABLE
The Indeterminate Sentence Law shall not apply
to the following persons:
1. s e n t e n c e d t o d e a t h p e n a l t y o r l i f e
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment do not
exceeding 1 year
9. sentenced to the penalty of destierro or
suspension only
ART. 72.
PREFERENCE IN THE
PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied, by following the
chronological order of the dates of the final
judgments.
ART. 77.
WHEN THE PENALTY IS A
COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by
law composed of three distinct penalties, each
forming a period: the lightest of them shall be
the minimum, the next the medium, and the
most severe the maximum period.
C. RELEASE OF THE PRISONER ON
PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on
him, provided that:
a. Such prisoner is fitted by his training for
release,
b. There is reasonable probability that he will
live and remain at liberty without violating
the law,
c. Such release will not be incompatible with
the welfare of society.
INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
INDETERMINATE SENTENCE– is a sentence
with a minimum term and a maximum term
which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
I.
D. ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a lawabiding citizen and, (b) shall not violate any law,
the Board may issue a final certification of
release in his favor, for his final release and
discharge.
IF THE PENALTY IS IMPOSED BY THE
RPC:
a. The Maximum Term— is that which could
be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances,
b. The Minimum Term— is within the range
of the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances,
E. SANCTION FOR VIOLATION OF
CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole: (a) the Board may
issue an order for his arrest, and thereafter, (b)
the prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison.
➢ BUT when there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING
POINT for determining the minimum term of
the indeterminate penalty is the penalty next
lower than that prescribed by the Code for
the offense.
F.
REASONS FOR FIXING THE MAXIMUM
AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
The minimum and the maximum terms in the IS
must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release as determined by the Board of
Indeterminate Sentence, such Board may
authorize the release of the prisoner on
parole, upon terms and conditions prescribed
by the Board.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
parole, he shall continue to serve until the
end of the MAXIMUM term.
service of his sentence with the full time
spent in actual commitment and detention.
8. The final release of a youthful offender
based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
for damages
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence
THE CHILD AND YOUTH WELFARE
CODE
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 603 and similar
laws.
PROBATION LAW OF 1976:
PD 968, AS AMENDED
A. CONCEPT
PROBATION is a disposition under which a
defendant after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. If the court finds that the youthful offender
committed the crime charged against him, it
shall DETERMINE the imposable penalty
and the civil liability chargeable against him.
3. The court may not pronounce judgment of
conviction and SUSPEND all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
4. The benefits of Article 192 of PD 603, as
amended, providing for suspension of
sentence, shall NOT APPLY TO (1) a
youthful offender who once enjoyed
suspension of sentence under its provisions,
or (2) one who is convicted of an offense
punishable by death or life imprisonment.
5. The youthful offender shall be RETURNED
to the committing court for the
pronouncement of judgment, when the
youthful offender (1) has been found
incorrigible; or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution
would be inadvisable.
6. When the youthful offender has reached the
age of TWENTY-ONE while in commitment,
the court shall determine whether –
To DISMISS the case, if the youthful
offender has behaved properly and has
shown his capability to be a useful
member of the community; or
To P R O N O U N C E t h e j u d g m e n t o f
conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in the
C. RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND
the execution of the sentence, and place the
defendant on probation, upon
APPLICATION by the defendant within the
period for perfecting an appeal.
2. Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only.
3. NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the
judgment of conviction.
4. Filing of application for probation operates
as a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended
once probation is granted.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior investigation
by the probation officer and a determination by
the court.
E. CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
The Court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and
physical condition of the offender.
2. Available institutional and community
resources.
F.
PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
CODE: (CoRD)
1. Offender is in need of correctional treatment
23
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. There is undue risk of committing another
crime
3. Probation will depreciate the seriousness of
the offense committed
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
probation and MODIFY the conditions
thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT
BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum of
imprisonment of more than 6 years.
2. Convicted of subversion or any crime against
the national security or the public order.
3. Previously convicted by final judgment of an
offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not more
than P200.
4. Once placed on probation.
K. TERMINATION OF PROBATION
The Court may order the final discharge of
the probationer upon finding that, he has
fulfilled the terms and conditions of his
probation.
L. EFFECTS OF TERMINATION OF
PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
3. Fully discharges liability for any fine
imposed.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1.Mandatory or general - once violated, the
probation is cancelled. They are:
a. Probationer Presents himself to the
probation officer designated to undertake
his supervision, at such place as may be
specified in the order, within 72 hours from
receipt of order;
b. He Reports to the probation officer at
least once a month
2. Discretionary or special – additional
conditions listed, which the courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside prison.
HOWEVER, the
enumeration is not inclusive.
Probation
statutes are liberal in character and enable
the courts to designate practically ANY term
it chooses, as long as the probationer’s
Constitutional rights are not jeopardized.
Also, they must not be unduly restrictive of
probationer, and not incompatible with the
freedom of conscience of probationer.
➢ Note that the probation is NOT coterminous
with its period. There must first be an order
issued by the court discharging the
probationer.
ART. 83.
SUSPENSION OF THE
EXECUTION OF THE DEATH SENTENCE
Death sentence shall be suspended when the
accused is a:
1. Woman, while pregnant;
2. Woman, within one (1) year after delivery;
3. Person over seventy (70) years of age;
4. Convict who becomes insane, after final
sentence of death has been pronounced.
ART. 87. DESTIERRO
ONLY IN THE FOLLOWING CASES IS
DESTIERRO IMPOSED:
CODE: (E-BCP)
1. Death or serious physical injuries is caused
or are inflicted, under exceptional
circumstances (Art. 247);
2. Failure to give bond for good behavior in
grave and light threats (Art. 284);
3. Penalty for the concubine in concubinage
(Art. 334);
4. When, after reducing the penalty by one or
more degrees, destierro is the proper
penalty
I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
2. If the convict is sentenced to a term of
imprisonment of NOT more than one year,
the period of probation shall not exceed two
years.
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed
six years.
3. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment, the period of probation shall
be twice the total number of days of
subsidiary imprisonment.
➢ Although destierro does not constitute
imprisonment, it is nonetheless a deprivation
of liberty. Art. 29 is applicable in destierro.
ART. 89. HOW CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED
C R I M I N A L L I A B I L I T Y I S T O T A L LY
EXTINGUISHED: CODE(D SAAPP M)
1. By the DEATH of the convict as to personal
penalties; BUT as to pecuniary penalties,
liability is extinguished only when the death
of the offender occurs before final judgment;
2. By SERVICE OF SENTENCE;
3. B y A M N E S T Y , w h i c h c o m p l e t e l y
extinguishes the penalty and all its effects.
J.
ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.
1. At any time during probation, the court may
issue a warrant for the ARREST of a
probationer for any serious violation of the
conditions of probation.
24
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Amnesty – is an act of the sovereign power
granting oblivion or a general pardon for a
past offense, and is rarely if ever exercised
in favor of a single individual, and is usually
exerted in behalf of certain classes of
persons who are subject to trial but have not
yet been convicted.
4. By ABSOLUTE PARDON; Pardon – is an
act of grace, proceeding from the power
entrusted with the execution of the laws,
which exempts the individual on whom it is
bestowed from the punishment the law
inflicts for the crime he has committed.
PARDON
To
whom
grante
d
When
exercised
5. Does not
extinguish
the civil
liability of the
offender
AMNESTY
1. Includes any
crime and is
exercised
individually
by the
President
1. A blanket
pardon to
classes of
persons or
communities
who may be
guilty of
political
offenses
2. Exercised
when the
person is
already
convicted
2. May be
exercised
even before
trial or
investigation
is had
Effects 3. Merely looks
FORWARD
and relieves
the offender
from the
consequence
s of an
offense of
which he has
been
convicted; it
does not
work for the
restoration of
the rights to
hold public
office, or the
right of
suffrage,
unless such
rights be
expressly
restored by
means of
pardon
4. Does not
4. Makes an exalter the fact
convict no
that the
longer a
accused is a
recidivist,
recidivist as it
because it
produces
obliterates
only the
the last
extinction of
vestige of the
the personal
crime
effects of the
penalty
As a
matter
of
evidenc
e
5. Does not
extinguish
the civil
liability of the
offender
6. Being a
6. Being by
PRIVATE
Proclamation
ACT by the
of the Chief
President,
Executive
must be
with the
pleaded and
concurrence
proved by the
of Congress,
person
is a PUBLIC
pardoned
ACT of which
the courts
should take
notice
5. By PRESCRIPTION OF THE CRIME;
Prescription of the Crime – is the forfeiture
or loss of the right of the State to prosecute
the offender, after the lapse of a certain
time.
PENALTIES AND THEIR PRESCRIPTIVE
PERIODS
3. Looks
BACKWARD
and
abolishes
and puts into
oblivion the
offense itself;
it so
overlooks
and
obliterates
the offense
with which he
is charged
that the
person
released by
amnesty
stands before
the law
precisely as
though he
had
committed no
offense
PENALTIES AND
OFFENSES
PRESCRIPTIVE
PERIOD
Death, Reclusion
Perpetua, Reclusion
Temporal
20 years
Afflictive Penalties
15 years
Correctional penalties
10 years
Arresto Mayor
5 years
Libel or other similar
offenses
1 year
Oral Defamation and
Slander by Deed
6 months
Light Offenses
2 months
6. By PRESCRIPTION OF THE PENALTY;
Prescription of the Penalty – is the loss or
forfeiture of the right of the Government to
execute the final sentence, after the lapse of
a certain time
Conditions necessary:
a.That there be final judgment;
b.That the period of time prescribed by law
25
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
for its enforcement has elapsed
➢ Usually caused by Evasion of Service of
sentence
being convicted or acquitted, or are stopped
for any reason not imputable to him.
4. The term or prescription will not run when
the offender is absent from the Philippines.
7. By THE MARRIAGE OF THE OFFENDED
WOMAN with the offender in the crimes of
rape, abduction, seduction, and acts of
lasciviousness.
In the crimes of rape,
seduction, abduction, or acts of
lasciviousness, the marriage, as provided
under Art. 344, must be contracted by the
offender in good faith.
ART. 100.
CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY
A CRIME HAS A DUAL CHARACTER:
1. As an offense against the State, because of
the disturbance of the social order; and
2. As an offense against the private person
injured by the crime, UNLESS it involves the
crime of treason, rebellion, espionage,
contempt, and others wherein no civil liability
arises on the part of the offender, either
because there are no damages to be
compensated or there is no private person
injured by the crime
C R I M I N A L L I A B I L I T Y I S PA R T I A L LY
EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
serving sentence;
4. By PAROLE;
Conditional
Pardon
Parole
1. May be given at
any time after
final judgment; is
granted by the
Chief Executive
under the
provisions of the
Administrative
Code
1. May be given
after the prisoner
has served the
minimum penalty;
is granted by the
Board of Pardons
and Parole under
the provision of
the Indeterminate
Sentence Law
2. For violation of
the conditional
pardon, the
convict may be
ordered rearrested or reincarcerated by
the Chief
Executive, or may
be
PROSECUTED
under Art. 159 of
the Code
2. For violation of
the terms of the
parole, the
convict CANNOT
BE
PROSECUTED
UNDER ART. 159
of the RPC, he
can be rearrested and reincarcerated to
serve the
unserved portion
of his original
penalty
ART. 102 SUBSIDIARY LIABILITY OF INN
KEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS
ELEMENTS under par. 1:
1. That the innkeeper, tavernkeeper or
proprietor of establishment or his employee
committed a violation of municipal ordinance
or some general or special police regulation;
2. That a crime is committed in such inn,
tavern or establishment;
3. That the person criminally liable is insolvent.
ELEMENTS under par. 2:
1. The guests notified in advance the
innkeeper or the person representing him of
the deposit of goods within the inn or house;
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care and vigilance over the goods;
3. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.
Art. 93. PRESCRIPTION OF PENALTIES
RULES:
1. The period shall begin to run from the date
when the culprit should evade the service of
his sentence.
2. It shall be interrupted if the defendant
should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the
expiration of the period of prescription.
5. by PROBATION. Please see Probation Law.
ART. 91.
COMPUTATION OF
PRESCRIPTION OF OFFENSES
SUMMARY OR RULES:
1. The period of prescription shall commence
to run from the day on which the crime was
discovered by the offended party, the
authorities, or their agents.
2. It shall be interrupted by the filing of the
complaint or information.
3. It shall commence to run again when such
proceedings terminate without the accused
ART. 104. WHAT IS INCLUDED IN CIVIL
LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages
26
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ART 110. SEVERAL AND SUBSIDIARY
L I A B I L I T Y O F P R I N C I PA L S ,
ACCOMPLICES AND ACCESSORIES
1. Each within their respective class is liable in
solidum among themselves for their quotas
and subsidiarily for those of the other
persons liable.
2. Subsidiary liability is enforced: (a) first,
against the property of the principals; (b)
second, against that of the accomplices; and
(c) third, against that of the accessories.
3. The person who made the payment when
liability is in solidum or subsidiary liability
has been enforced, will have a right of action
against the others for the amount of their
respective shares.
-End of Book One-
BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
✍ ART. 114-TREASON
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Phil. is
involved
3. That the offender
either (modes of
committing)
a) levies war against the government; or
b) adheres to the enemies, giving them full
support
Ways of being committed
1. Levying war
➢ That there be an actual assembling of
men for the purpose of executing a
treasonable design by force
2. Adherence to the enemy rendering him aid
and comfort
27
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
the defense of the Phil.
2) By disclosing to the representative of a
foreign nation the contents of the articles,
data, or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.
“AID/COMFORT” means an act which
strengthens or tends to strengthen the enemy in
the conduct of war against the traitor’s country
or any act which weakens or tends to weaken
the power of the traitor’s country to resist or to
attack the enemy
Ways of proving Treason:
1. Two-witness rule
2. Confession of guilt in open court
✍ COMMONWEALTH ACT 616 – AN ACT
TO PUNISH ESPIONAGE AND OTHER
O F F E N S E S A G A I N S T T H E N AT I O N A L
SECURITY
➢ Treason absorbs crimes committed in
furtherance thereof.
Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense
2. Unlawfully disclosing information affecting
national defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the Act.
➢ Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
➢ Treason by alien must be committed in the
Phils. (EO 44).
➢ Treason is a CONTINUOUS OFFENSE .
✍ ART. 115- CONSPIRACY &
PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more
persons come to an agreement and decide to
commit it, or when one person proposes to
another: (1) to levy war against the Government,
or (2) to adhere to the enemies and to give
them aid and comfort.
➢ Espionage may be committed both in time of
peace and war.
✍ ART. 118- INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or
unauthorized acts; and
2. That such acts provoke or give occasion for
(a) a war involving or liable to involve the
Phils. or (b) expose Filipino citizens to
reprisals on their persons & property.
➢ As a general rule, conspiracy and proposal
to commit a felony is not punishable
(ART.8).
➢ Two-witness rule does not apply because
this is a separate and distinct offense.
ART. 119- VIOLATION OF
NEUTRALITY
ELEMENTS:
1. That there is a war in which the Phils. is not
involved,
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality, and
3. That the offender violates such regulation.
✍
✍ ART. 116- MISPRISION OF TREASON
ELEMENTS:
1. That the offender is a citizen of the
Philippines
2. That he has knowledge of any conspiracy
against the Government
3. That the conspiracy is one to commit
treason
4. That he conceals or does not disclose and
make known the same as soon as possible
to the proper authority.
.
➢ Art. 116 does not apply when treason is
already committed and the accused does
not report its commission.
ART. 120- CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS:
1. That it is made in time of war where the
Phils. is involved
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory
occupied by the enemy troops
3. That the correspondence is either:
a) prohibited by the Government, or
b) carried on in ciphers or conventional
signs containing data which might be
useful to the enemy.
✍
➢ Offender is not punished as an accessory to
treason but as a principal in misprision.
✍ ART. 117- ESPIONAGE
TWO WAYS OF COMMITTING:
1) By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
✍
ART. 121- FLIGHT TO ENEMY’S
COUNTRY
28
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ELEMENTS:
1. That there is a war in which the Phil. is
involved
2. That the offender owes allegiance to the
Government
3. That the offender attempts to flee or go to
enemy country
4. That going to enemy country is prohibited by
the competent authority
✍
murder, homicide, physical injuries, or rape
➢ “CRIMES” referred to in the article pertain to
piracy and mutiny on the high seas
REPUBLIC ACT 6235 – AIRCRAFT
PIRACY/ HIJACKING
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change its
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to land
in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances; and
4. loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in
the Philippines, flammable, corrosive, or
poisonous substance if not done in
accordance with the rules and regulations of
the Air Transportation Office.
ART. 122- PIRACY IN GENERAL &
MUTINY ON THE HIGH SEAS
ELEMENTS OF PIRACY:
1. That a vessel is on high seas,
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders a) attack or seize the
vessel or b) seize the whole or part of the
cargo of said vessel, its equipment or
personal belongings of its compliment or
passengers
HIGH SEAS – any waters on the seacoast
which are without the boundaries of low-water
mark, although such waters may be in the
jurisdictional limits of a foreign Government.
VESSEL – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
➢ Aircraft is “IN FLIGHT” from the moment all
exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.
➢ Pursuant to Art 122 as amended by PD
532: Piracy and Mutiny may be committed in
Philippine waters
CRIMES AGAINST THE FUNDAMENTAL LAW
OF THE STATE
➢ All offenses in this Title are required to be
committed by public officers except except
Offending the religious feelings
➢ PD 532 (ANTI-PIRACY AND ANTIHIGHWAY ROBBERY LAW OF 1974)
punishes the act of AIDING OR ABETTING
PIRACY.
REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit
therefrom;
3. Directly or indirectly abets the commission of
piracy.
✍ ART. 124- ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he detains a person
3. That the detention is without legal grounds
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
NOTE: Under PD 532, piracy may be committed
even by a passenger or member of the
complement of the vessel
➢ MUTINY ON THE HIGH SEAS – the
unlawful resistance to a superior, or the
raising of commotions and disturbances on
board a ship against the authority of its
commander.
ART. 125- DELAY IN THE DELIVERY
OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he has detained a person for some
legal ground ( Sec. 5, Rule 113, Rules of
Court)
3. That he fails to deliver such person to the
proper judicial authorities within:
✍
✍ ART. 123- QUALIFIED PIRACY
ELEMENTS:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their
victims without means of saving themselves
3. Whenever the crime is accompanied by
29
• 12 hrs. for light penalties or their equivalent.
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
3) Refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required to
leave the same (offense is the refusal to
leave and not the entrance without consent)
➢ If the offender is a private individual – the
crime is ILLEGAL DETENTION under Art.
267
➢ The detention is legal from the beginning but
becomes illegal after the lapse of the
prescribed periods and no delivery is made
to the proper judicial authoritites.
COMMON ELEMENTS:
1. That the offender is public officer / employee
2. That he is not authorized by judicial order to
enter the dwelling and/ or to make a search
for papers and for other effects
➢ Art. 125 is not applicable when the arrest is
by virtue of a warrant of arrest in which case
he can be detained indefinitely.
QUALIFYING CIRCUMSTANCES:
1) If committed at nighttime
2) If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by the
offender.
➢ Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
➢ “Shall fail to deliver to proper authorities” –
means filing of an information against the
person arrested with the corresponding
court or judge
✍ ART. 129- SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE
IN THE SERVICE OF THOSE LEGALLY
OBTAINED
PUNISHABLE ACTS:
1. Procuring a search warrant without just
cause
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
✍ ART. 126- DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or
employee
2. That 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. That 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 or (c) the
proceedings upon a petition for the release
of such person.
➢ If search warrant is secured through false
affidavit, the crime punished by this article
cannot be complexed but will be a
separate crime from perjury since the
penalty herein provided shall be “in
addition to” the penalty of perjury.
✍ ART. 130- SEARCHING DOMICILE
WITHOUT WITNESSES
ELEMENTS:
1. That the offender is a public officer/
employee
2. That he searches the domicile, papers or
other belongings of any person
3. That he is armed with a warrant
4. That the owner or any member is his family,
or two witnesses residing in the same
locality are not present
✍ ART. 127- EXPULSION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he expels any person from the Phil., or
compels a person to change his residence
3. That the offender is not authorized to do so
by law
➢ Only the President of the Phils. is authorized
to deport aliens under the Revised
Administrative Code.
✍ ART.131-PROHIBITION,
INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting, or
by dissolving the same
2. Hindering any person from joining any lawful
association or from attending any of its
meetings
3. Prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of
grievances
➢ Only the court by a final judgement can
order a person to change residence
VIOLATION OF DOMICILE (ARTS. 128-130)
✍ ART. 128-VIOLATION OF DOMICILE
PUNISHABLE ACTS: (CODE – SER)
1) Entering any dwelling against the will of the
owner
2) Searching papers or other effects found
therein without the previous consent of
such owner
30
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
✍ ART. 134-A- COUP D’ETAT
1. How - by a swift attack, accompanied by
violence, intimidation, threat, strategy or
stealth (CODE – VITSS)
2. Against whom – duly constituted authorities
of the Republic, military camp or installation,
communication networks, public utilities, or
other facilities needed for the exercise and
continued possession of power (CODE – AM
CUF)
3. Where – singly or simultaneously carried out
anywhere in the Philippines
4. By whom – by any person or persons,
belonging to the military or police or holding
any public office or employment, with or
without civilian support or employment
5. Purpose – to seize or diminish state power
➢ Indeterminate Sentence Law is not
applicable
✍ ART. 135- PENALTY FOR
REBELLION OR INSURRECTION OR
COUP D’ETAT
PERSONS LIABLE:
1. Persons who promote, maintain or head
2. Persons who participate or execute
commands of others
COMMON ELEMENTS:
1) That the offender is a public officer
2) That he performs any of the acts mentioned
above
➢ there is no legal ground to prohibit when the
danger is not imminent and the evil to be
prevented is not a serious one
➢ offender must be a stranger, and not a
participant
CRIMES AGAINST RELIGIOUS WORSHIP
(ARTS. 132 & 133)
✍ ART. 132- INTERRUPTION OF
RELIGIOUS WORSHIP
ELEMENTS:
1. That the offender is a public officer/
employee,
2. That religious ceremonies or manifestations
of any religion are about to take place or are
going on, and
3. That the offender prevents/disturbs the
same.
➢ Qualified by violence or threats
✍ ART. 136- CONSPIRACY &
PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D’ ETAT
➢ If the prohibition or disturbance is committed
only in a meeting or rally of a sect, it would
be punishable under Art.131.
➢ An instance where the law punishes
preparatory acts.
ART. 133- OFFENDING RELIGIOUS
FEELINGS
ELEMENTS:
1. That the acts complained of were performed
(a) in a place devoted to religious worship
[not necessary that there is religious
worship] or (b) during the celebration of any
religious ceremony,
2. That the acts must be notoriously offensive
to the feelings of the faithful.
✍
✍ ART. 137- DISLOYALTY OF PUBLIC
OFFICERS /EMPLOYEES
PUNISHABLE ACTS:
1) Failing to resist a rebellion by all means in
their power
2) Continuing to discharge the duties of their
office under the control of the rebels
3) Accepting appointment to office under the
rebels
➢ May be committed by a public officer or a
private individual
➢ The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels
CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
✍ ART. 134- REBELLION/
INSURRECTION
ELEMENTS:
1) That there be a) public uprising and
b) taking arms against the Government.
2) For the purpose of:
a) Removing from the allegiance to said
Government or its laws
i.
The territory of the Phils.
ii.
Any body of land, naval or other
armed forces or
b) Depriving the Chief executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
✍ ART. 138- INCITING TO
REBELLION / INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is
not in open hostility against the Government
2. That he incites others to the execution of
any of the acts of rebellion
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other representations
tending to the same end. (CODE –
SPWEBO)
✍ ART. 139- SEDITION
ELEMENTS:
31
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. That the offenders rise a) publicly and b)
tumultuously
2. That they employ force, intimidation, or other
means outside of legal methods
3. That the offenders employ any of those
means to attain any of the ff. objects:
a) To p r e v e n t t h e p r o m u l g a t i o n o r
execution of any law or the holding of
any popular election.
b) To prevent the government or any public
officer from freely exercising its or his
functions, or prevent the execution of
any Administrative Order.
c) To inflict any act of hate or revenge
upon the person or property of any
public officer/employee.
d) To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class.
e) To despoil, for any political or social end,
any person or the government of all its
property or any part thereof.
2) They tend to instigate others to cabal and
meet together for unlawful purposes
3) T h e y s u g g e s t o r i n c i t e r e b e l l i o u s
conspiracies or riots
4) They lead or tend to stir up the people
against the lawful authorities or disturb the
peace of the community, the safety and
order of the Government.
Rules relative to seditious words:
1. The clear and present danger rule
1. Dangerous tendency rule
CRIMES AGAINST POPULAR
REPRESENTATION (ARTS. 143-145)
✍ ART.143- ACTS TENDING TO
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
ELEMENTS:
1. That there be a projected meeting or actual
meeting of the Nat’l Assembly or any of its
committees or subcommittees, constitutional
commissions or committees or divisions, or
of any provincial board or city or municipal
council or board
2. That the offender who may be any person
prevents such meeting by force or fraud
➢ TUMULTUOUS – if caused by more than
three persons who are armed or provided
with the means of violence
✍ ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the sedition
ART. 144- DISTURBANCE OF
PROCEEDINGS
ELEMENTS:
1. That there be a meeting of the Congress or
any of its committees or subcommittees,
constitutional commissions or committees,
or any provincial board or city or municipal
council or board
2. That the offender does any of the ff. 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.
✍
ART. 141- CONSPIRACY TO COMMIT
SEDITION
➢ Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition
✍
✍ ART. 142- INCITING TO SEDITION
Punishable Acts:
1) Inciting others to commit sedition by means
of speeches, proclamations, writings,
emblems
2) Uttering seditious words or speeches which
tend to disturb the public peace
3) Writing, publishing, or circulating scurrilous
(vulgar, mean, foul) libels against the
Government or any of the duly constituted
authorities
➢ Congress may also punish for contempt.
✍ ART. 145 VIOLATION OF
PARLIAMENTARY IMMUNITY
Punishable Acts:
1) Using force, intimidation, threats, or frauds
to prevent any member from:
a. Attending the meetings of the Congress or
any of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof
b. Expressing his opinions or
c. Casting his vote
2) Arresting or searching any member while
the Congress is in session, except in case
such member has committed a crime
punishable under the Code by a penalty
higher than prision mayor.
ELEMENTS OF ACT #1
1. That the offender does not take direct part in
the crime of sedition
1. T h a t h e i n c i t e s o t h e r s t o t h e
accomplishment of any of the act which
constitute sedition
2. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
ACTS # 2 & 3 PUNISHABLE: when 1) They tend to disturb or obstruct any lawful
officer in executing the functions of his office
32
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Any person
who takes part
in the
performance of
public functions
in the
government .
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
(Arts. 146 & 147)
✍ ART. 146 ILLEGAL ASSEMBLIES
FORMS OF ILLEGAL ASSEMBLY:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code
2) Any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or
insurrection, sedition, or assault upon a
person in authority
➢ It is necessary that the audience is actually
incited. If in the meeting the audience is
incited to the commission of rebellion or
sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards to the organizers or
leaders or persons merely present and
INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned
TWO WAYS TO COMMIT:
1. Without public uprising, by employing
force or intimidation for the attainment of any
of the purposes enumerated in defining the
crimes of sedition & rebellion
➢ offended party need not be a person in
authority or his agent, he may be a private
individual if the object is to attain an object
of sedition
PRESUMPTIONS:
If any person carries an unlicensed
firearm, it is presumed that:
1) the purpose of the meeting insofar as he is
concerned is to commit acts punishable
under the RPC, and
2) he is considered a leader or organizer of the
meeting.
2. Without public uprising, by attacking, by
employing force or seriously intimidating or
by seriously resisting any person in authority
(PA) or any of his agents (APA), while
engaged in the performance of official
duties, or on the occasion of such
performance.
✍ ART. 147 ILLEGAL ASSOCIATIONS
Prohibited Association
Association totally or partially organized for:
1) the purpose of committing any of the crimes
punishable under the Code
2) some purpose contrary to public morals
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in
authority
PERSONS LIABLE:
1) Founders, directors, and president of the
association.
2) Members of the association.
➢ Additional penalty for attacking ambassador
or minister (R.A. 75)
➢ Knowledge of the accused that the victim is
a PA or APA is essential
ASSAULT, RESISTANCE AND
DISOBEDIENCE TO PERSONS IN
AUTHORITY (Arts. 148-152)
ART. 152- PERSONS IN AUTHORITY
& AGENTS OF PERSONS IN
AUTHORITY
Public
Officer (PO)
Person in
Authority (PA)
One who is
charged with
the
maintenance of
public order
and the
protection and
security of life
and property
2. Any person
who comes to
the aid of a PA.
✍ ART. 148- DIRECT ASSAULTS
KINDS:
1. Simple assault
2. Qualified assault
PERSONS LIABLE IN ILLEGAL ASSEMBLY:
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
✍
One who is
directly vested
with
jurisdiction.
✍ ART. 149- INDIRECT ASSAULT
ELEMENTS:
1. That an APA is the victim of any of the forms
of direct assault defined in Art. 148
2. That a person comes to the aid of the APA
3. That the offender makes use of force or
intimidation upon such person coming to the
aid of the APA.
Agent of a
Person in
Authority (APA)
✍ ART. 150- DISOBEDIENCE TO
SUMMONS ISSUED BY THE NAT’L
ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONST.
33
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
PUNISHABLE ACTS:
1) Causing any serous disturbance in a public
place, office or establishment
2) I n t e r r u p t i n g o r d i s t u r b i n g p u b l i c
performances, functions or gatherings, or
peaceful meetings, if the act is not included
in Arts. 131-132.
3) Making an outcry tending to incite rebellion
or sedition in any meeting, association or
public place
4) Displaying placards or emblems which
provoke a disturbance of public order in
such place
5) Burying with pomp the body of a person who
has been legally executed
COMMISSION, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS
PUNISHABLE ACTS:
1) Refusing, without legal excuse, to obey
summons of Congress, or any commission
or committee chairman or member
authorized to summon witnesses,
2) Refusing to be sworn or placed under
affirmation while before such legislative or
constitutional body or official,
3) Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their
functions,
4) Restraining another from attending as a
witness in such legislative or constitutional
body,
5) Inducing disobedience to summons or
refusal to be sworn by any such body or
official.
➢ Serious disturbance must be planned or
intended
➢ OUTCRY – to shout spontaneously,
subversive or provocative words tending to
stir up the people to obtain by means of
force or violence any of the objects of
rebellion or sedition
✍ ART. 151- RESISTANCE &
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSON
ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE:
1. That a person in authority or his agent is
engaged in the performance of official duty
or gives a lawful order to the offender
2. That the offender resists or seriously
disobeys such person in authority or his
agent
3. That the act of the offender is not included in
the provisions of Arts. 148-150
✍ ART. 154- UNLAWFUL USE OF
MEANS OF PUBLICATION &
UNLAWFUL UTTERANCES
Punishable Acts:
1) Publishing or causing to be published as
news any false news which may endanger
the public order, or cause damage to the
interest or credit of the State
2) Encouraging disobedience to the law or 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) Maliciously publishing or causing to be
published any official resolution or document
without authority, or before they have been
published officially
4) Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printer’s name, or which are classified
as anonymous
ELEMENTS OF SIMPLE DISOBEDIENCE:
1. That an APA is engaged in the performance
of official duty or gives a lawful order to the
offender,
2. That the offender disobeys such APA,
3. That such disobedience is not of a serious
nature.
DIRECT ASSAULT
RESISTANCE
• The PA or APA must • O n l y i n a c t u a l
be engaged in the
performance of duties
performance of official
duties or that he is
assaulted by reason
thereof
• There is force
employed
✍ ART. 155- ALARMS & SCANDALS
Punishable Acts:
1) Discharging any firearm, rocket, firecracker,
or other explosive within any town or public
place, calculated to cause alarm or danger
(should not be aimed at a person otherwise
illegal discharge of firearm under Art. 254)
2) Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility
3) Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements
4) Causing any disturbance or scandal in
public places while intoxicated or otherwise,
• Use of force is not
so serious
CRIMES AGAINST PUBLIC DISORDERS
(ARTS. 153-156)
✍ ART. 153- TUMULTS & OTHER
DISTURBANCES OF PUBLIC ORDER
34
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
provided Art. 153 is not applicable
EVASION OF SENTENCE
(CONDITIONAL PARDON)
ELEMENTS:
1. That the offender was a convict
2. That he was granted a conditional pardon by
the Chief Exec.
3. That he violated any of the conditions of
such pardon
➢ CHARIVARI - includes a medley of
discordant voices, a mock serenade of
discordant noises made on kettles, tin,
horns, etc. designed to annoy or insult
➢ If the disturbance is of a serious nature, the
case will fall under Art. 153
➢ Violation of conditional pardon is a distinct
crime
✍ ART. 156- DELIVERING PRISONERS
FROM JAILS
ELEMENTS:
1. That there is a person confined in a jail or
penal establishment (detention included)
2. That the offender removes such person, or
helps the escape of such person
➢ Offender can be arrested and reincarcerated
without trial – in accordance with Sec. 64(I)
of the RAC
✍ ART. 160- COMMISSION OF
ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
(QUASI-RECIDIVISM)
ELEMENTS OF QUASI-RECIDIVISM:
1. That the offender was already convicted by
final judgement
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same
KINDS OF EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
✍ ART.157- EVASION OF SERVICE OF
SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgement
2. That he is serving his sentence, which
consists in deprivation of liberty
3. That he evades the service of his sentence
by escaping during the term of his sentence.
WHO CAN BE PARDONED:
1) At the age of 70, if he shall have already
served out his original sentence (and not a
habitual criminal) or
2) When he shall have completed it after
reaching the said age, unless by reason of
his conduct or other circumstances he shall
not be worthy of such clemency.
CIRCUMSTANCES QUALIFYING THE
OFFENSE:
1) By means of unlawful entry
2) By breaking doors, windows, gates, walls,
roofs or floors
3) By using picklocks, false keys, disguise,
deceit, violence, or intimidation
4) Through connivance with other convicts or
employees of the penal institution
➢ As distinguished from REITERACION
(habituality) which requires that the offender
against whom it is considered shall have
served out his sentence for the prior
offenses.
✍ ART. 158- EVASION OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgement, and is confined in a penal
institution
2. That there is disorder, resulting from;
a. Conflagration
b. Earthquake
c. Explosion
d. similar catastrophe
e. mutiny in which he has not participated
3. That the offender leaves the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
✍
➢ Cannot be offset by ordinary mitigating
circumstances
CRIMES AGAINST PUBLIC INTEREST (ARTS.
161-189)
CRIMES CALLED FORGERIES
(ARTS. 161-174)
✍ ART. 161- COUNTERFEITING THE
SEAL OF THE GOVERNMENT, THE
SIGNATURE, OR THE STAMP OF THE
CHIEF EXEC.
Punishable Acts:
1. Forging the Great Seal of the Government of
the Phil.
2. Forging the signature of the President
3. Forging the stamp of the President
✍ ART. 162- USING FORGED
SIGNATURE OR COUNTERFEIT SEAL
ART. 159- OTHER CASES OF
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
OR STAMP
ELEMENTS:
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of
the Chief Executive was forged by another
person
2. That the offender knew of the counterfeiting
of forgery
3. That he used the counterfeit seal or forged
signature or stamp
AND UTTERING SUCH FALSE OR
FORGED NOTES AND DOCUMENTS
Punishable Acts:
1) Forging or falsification of treasury or bank
notes or other documents payable to bearer
2) Importation of such false or forged
obligations or notes
3) Uttering of such false or forged obligations
or notes in connivance with the forgers or
importers
➢ Counterfeiting of paper bills is covered by
this felony (see People vs. Valencia)
CRIMES UNDER COUNTERFEITING COINS
(ARTS. 163-165)
✍ ART. 163- MAKING AND IMPORTING
AND UTTERING FALSE COINS
ELEMENTS:
1. That there be false or counterfeited coins
2. That the offender either made, imported or
uttered such coins
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers
ART. 167-COUNTERFEITING,
IMPORTING, & UTTERING
INSTRUMENTS NOT PAYABLE TO THE
BEARER
ELEMENTS:
1. That there be an instrument payable to order
or other such document of credit not payable
to bearer
2. That the offender either forged, imported or
uttered such instrument
3. That in case of uttering, he connived with
the forger or importer.
✍
➢ Coins withdrawn from circulation may be
counterfeited
✍ ART.168- ILLEGAL POSSESSION &
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF
CREDIT
ELEMENTS:
1. That any of said instruments is forged or
falsified by another person
2. That the offender knows that any of those
instruments is forged or falsified
3. That he performs any of these acts :
a. Using any of such forged or falsified
instruments
b. Possession with intent to use of any of
such forged or falsified instruments
✍ ART. 164- MUTILATION OF COINSIMPORTATION & UTTERANCE OF
MUTILATED COINS
PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
the further requirement that there be intent
to damage or to defraud another
2. Importing or uttering such mutilated coins,
with the further requirement that there must
be connivance with the mutilator or importer
in case of uttering
➢ Mutilation of foreign currency not included
➢ Coins must be of legal tender
✍
ART. 169- HOW FORGERY IS
COMMITTED
1) By giving a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true
and genuine document
2) By erasing, substituting, counterfeiting or
altering the figures, letters, words, or sign
contained therein
✍
ART. 165- SELLING OF FALSE OR
MUTILATED COIN WITHOUT
CONNIVANCE
Punishable Acts
POSSESSION
UTTERING
ELEMENTS:
ELEMENTS:
a. Possession
a. Actually
b. With intent to
uttering.
utter
b. Knowledge
c. Knowledge
➢ Forgery includes falsification &
counterfeiting
CLASSES OF FALSIFICATION
(ARTS. 170-173)
➢ The crime of falsification must involve a
writing which is a document in the legal
sense.
➢ Does not require legal tender
✍ ART. 166- FORGING TREASURY OR
BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO THE BEARER; IMPORTING
CLASSIFICATION OF DOCUMENTS:
1) Public – (a) document created, executed or
36
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
issued by a public official in response to
exigencies of the public service, (b) or in the
execution of which a public official or notary
public intervened
2) Official – issued by a public official in the
exercise of the functions of his office; also a
public document.
3) Commercial- defined and regulated by the
Code of Commerce or other commercial law
4) Private- a deed or instrument executed by a
private person without the intervention of a
notary public or other person legally
authorized, by which document, some
disposition of agreement is proved,
evidenced or set forth
f.
Making any alteration or intercalation in
a genuine document which changes its
meaning
g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of the genuine original
h. Intercalating any instrument or note
relative to the issuance in a protocol,
registry or official book
➢ Genuine document in pars. f,g,h is
necessary.
Importance of Classification:
1) In private documents, criminal liability will
not arise unless there is damage caused to
third person.
2) In public or commercial documents, criminal
liability can arise although no third person
suffered damage.
➢ Falsification may be committed by
simulating or fabricating a document in
paragraphs a to e
PERSONS LIABLE:
1) Any public officer, employee or notary public
2) Ecclesiastical minister, when the falsification
may affect the civil status of persons
ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That there be a bill, resolution or ordinance
enacted or approved or pending approval by
the Nat’l Assembly or any provincial board or
municipal council
2. That the offender alters the same
3. That he has no proper authority
4. That the alteration has changed the
meaning of the document.
✍
✍ ART. 172-FALSIFICATION BY
PRIVATE INDIVIDUALS & USE OF
FALSIFIED DOCUMENTS
Punishable Acts:
1) Falsification of public, official, or
commercial document by a private
individual or by a public officer, employee or
notary public who does not take advantage
of his official position
➢ Damage or intent to cause damage is not
necessary in this paragraph.
✍ ART. 171- FALSIFICATION BY
PUBLIC OFFICER, EMPLOYEE; OR
NOTARY OR ECCLESIASTICAL
MINISTER
ELEMENTS:
1. That the offender is a public officer,
employee or notary public
2. That he takes advantage of his official
position
REQUISITES:
a. He has a duty to make or prepare or
otherwise to intervene in the preparation
of the document
b. He has official custody of the document
which he falsifies
3. That he falsifies a document by committing
any of the ff. acts:
a. C o u n t e r f e i t i n g o r i m i t a t i n g a n y
handwriting, signature or rubric
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
d. Making untruthful statements in a
narration of facts
e. Altering true dates
2) Falsification of private document by any
person
➢ The offender must have (a) counterfeited the
false document and
(b) he must have
performed an independent act which
operates to the prejudice of a third person
➢ Use of a falsified document
1. in a Judicial Proceeding
➢ no damage required
2. in any other transaction
➢ with intent to cause damage to
another
FALSIFICATION AS A MEANS TO COMMIT ESTAFA
Falsification of
Public, Official or
Commercial Doc.
Falsification of
Private Doc.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
When committed as a
necessary means to
commit estafa,
complex crime is
committed.
IMPLEMENTS FOR FALSIFICATION
Punishable Acts:
1) Making or introducing into the Phil. any
stamps, dies, marks, or other instruments or
implements for counterfeiting
2) P o s s e s s i o n w i t h i n t e n t t o u s e t h e
instruments or implements for counterfeiting
or falsification made in or introduced into the
Phil. by another person
Even when committed
as a necessary
means to commit
estafa, either estafa
or falsification only is
committed.
REASON:
In this type of
falsification, an act
independent of
falsification is
required, to show
intent to defraud.
ART. 172
ART. 171
the prejudice to a third
party is taken into
account so that if
damage is not
apparent, or at least
if with no intent to
cause it, the
falsification is not
punishable
prejudice to third
person is immaterial;
what is punished is
the violation of public
faith and the
perversion of truth
✍ ART. 177-USURPATION OF
AUTHORITY OR OFFICIAL FUNCTIONS
WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer,
agent or representative of the government,
whether local, national or foreign
2) By performing any act pertaining to a person
in authority or public officer of the government
under the pretense of official position and
without authority
➢ May be violated by a public officer
ART. 178- USING FICTITIOUS NAME
& CONCEALING TRUE NAME
ELEMENTS: (USING FICTITIOUS NAME)
1. That the offender uses a name other than
his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is -a. to conceal a crime
b. to evade the execution of a judgement
c. to cause damage to public interest
✍
✍ ART. 173- FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH, &
TEL. MESSAGES, & USE OF SAID
FALSIFIED MESSAGES
PUNISHABLE ACTS:
1) Uttering fictitious wireless, telegraph or
telephone messages
2) Falsifying wireless, telegraph or tel.
messages
3) Using such falsified message
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals --a. His true name
b. all other personal circumstances
2. That the purpose is only to conceal his
identity
✍ ART. 174- FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES
OF MERIT OR SERVICE
PERSONS LIABLE:
1) Physician or surgeon who, in connection
with the practice of his profession, issued a
false certificate
2) Public officer who issued a false certificate
of merit or service, good conduct or similar
circumstances
3) Private individual who falsified a certificate
falling in the classes mentioned in nos. 1&2
NOTE:
CA 142 punishes illegal use of alias
ART. 179- ILLEGAL USE OF
UNIFORM OR INSIGNIA
ELEMENTS:
1. That the offender makes use of insignia,
uniform or dress
2. That the insignia, uniform or dress pertains
to an office not held by the offender or to a
class of persons of which he is not a
member
3. That said insignia, uniform, or dress is used
publicly and improperly
✍
ART. 175- USING FALSE
CERTIFICATES
ELEMENTS:
1. That a false certificate mentioned in the
preceding article was issued.
2. That the offender knew that the certificate
was false
3. That he used the same.
✍
THREE FORMS OF FALSE TESTIMONY
(ARTS. 180-183)
✍ ART. 180- FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS:
1. That there be a criminal proceeding where
the offender testifies falsely under oath
✍ ART. 176- MANUFACTURING &
POSSESSION OF INSTRUMENTS OR
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
against the defendant
2. That the offender who gives false testimony
knows that it is false
3. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgement.
was false
3. That the offer was made in a judicial or
official proceeding
CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)
✍ ART. 185- MACHINATIONS IN
PUBLIC AUCTIONS
➢ Defendant must be sentenced to at least a
correctional penalty or a fine or must be
acquitted
Punishable Acts:
1) Soliciting any gift or promise as a
consideration for refraining from taking part in
any public auction
2) Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice
✍ ART. 181- FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
➢ Conviction or acquittal of defendant in
principal case not necessary
ESSENTIAL ELEMENT:
That there be intent to cause the
reduction of the price.
ART. 182- FALSE TESTIMONY IN
CIVIL CASES
ELEMENTS:
1. That the testimony must be given in a civil
case
2. That the testimony must relate to the issues
presented in said case
3. That the testimony must be false
4. That the false testimony must be given by
the defendant knowing the same to be false
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in said case.
✍
✍ ART. 186- MONOPOLIES &
COMBINATIONS IN RESTRAINT OF
TRADE
Punishable Acts:
1) Combination or conspiracy to prevent free
competition in the market
2) Monopoly to restrain free competition in the
market
3) Making transactions prejudicial to lawful
commerce or to increase the market price of
merchandise
➢ Article not applicable in special proceedings
which falls under “other cases” in Art. 183.
➢ If the offense affects any food substance or
other particles of prime necessity, it is
sufficient that initial steps are taken
✍ ART. 183- FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
Acts Punished:
1) By falsely testifying under oath (not in
judicial proceedings)
2) By making a false affidavit
✍ ART. 187- IMPORTATION &
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ELEMENTS:
1. That the offender imports, sells or disposes
of any of those articles or merchandise
2. That the stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
alloy
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of said metals or alloy
ELEMENTS OF PERJURY:
1. That the accused made a statement under
oath or affirmation or executed an affidavit
upon a material matter
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
4. That the sworn statement or affidavit
containing the falsity is required by law.
NOTE: Articles 188 and 189 have been repealed
by RA 8293 Sec. 69, The Intellectual Property
Code, effective January 1, 1998.
ART. 184- OFFERING FALSE
TESTIMONY IN EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony
2. That he knew the witness or the testimony
✍
✍ REPUBLIC ACT 455 – ON
SMUGGLING OR ILLEGAL
IMPORTATION
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
PUNISHABLE ACTS:
1) That the merchandise must have been
fraudulently or knowingly imported contrary
to law
2) That the defendant, if he is not the importer
himself, must have received, concealed,
bought, sold or in any manner facilitated the
transportation, concealment or sale of the
merchandise and that he must be shown to
have knowledge that the merchandise had
been illegally imported
Punishable Acts: (REGULATED DRUGS)
a) Importation
b) Sale, Administration, Delivery, Distribution,
Transportation
c) Maintenance of a Den, Dive, Resort for
users
d) Manufacture
e) Possession or Use
f) Failure to comply with Record Requirements
g) Unlawful Prescription
h) Unnecessary Prescription
✍ CRIMES RELATED TO OPIUM AND
OTHER PROHIBITED DRUGS
Dangerous Drugs Act
RA 6425
Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium,
cocaine and its active component and
derivatives and other substances producing
similar effects; Indian Hemp and all its
derivatives; all other preparations made from the
foregoing whether natural or synthetic with the
p h y s i o l o g i c a l e ff e c t s o f a n a r c o t i c o r
hallucinogenic drug
➢ Same rules apply with respect to par B, C &
F
➢ EVERY PENALTY IMPOSED SHALL
CARRY WITH IT THE CONFISCATION AND
FORFEITURE OF ALL THE PROCEEDS
OF THE CRIME, INCLUDING BUT NOT
LIMITED TO, MONEY AND OTHER
A S S E T S O B TA I N E D A N D T H E
INSTRUMENTS OR TOOLS WITH WHICH
IT WAS COMMITTED, UNLESS THEY ARE
PROPERTY OF A 3RD PERSON NOT
LIABLE FOR THE OFFENSE, BUT THOSE
WHICH ARE NOT OF LAWFUL
COMMERCE SHALL BE DESTROYED W/O
DELAY.
2. REGULATED DRUG: Includes self-inducing
sedatives or a derivative of a salt barbituric acid;
amphetamine, hypnotic drugs, or other drug with
same effect
➢ Any apprehending officer who
misappropriates or fails to account shall
after conviction be punished by reclusion
perpetua to death and a fine ranging
P500,000.00 to P10,000,000.00.
Punishable Acts: (PROHIBITED DRUGS)
a) Importation
b) S a l e , A d m i n i s t r a t i o n , D e l i v e r y,
Distribution, Transportation
c) Maintenance of a Den, Dive, Resort for
users
d) Employment and Visit to such Den
e) Manufacture
f) Possession and Use
g) Cultivation of Plants which are sources
of prohibited drugs
h) F a i l u r e t o C o m p l y w i t h R e c o r d
Requirements of the Law
i) Unlawful Prescription
j) Unnecessary Prescription
k) Possession of Opium pipes, other
paraphernalia
➢ Plea-bargaining shall not be allowed where
the imposable penalty is reclusion perpetua
to death.
➢ If the offender is an Alien he shall be
deported immediately w/o further
proceedings after service of sentence. (Sec.
22)
➢ If committed by a juridical person the
partner, director, president or manager who
consents or knowingly tolerates such
violation shall be held liable as a coprincipal. (Sec. 22)
➢ With respect to par. B & C, the maximum
penalty shall be imposed if the victim is a
minor or the prohibited drug is the proximate
cause of death
➢ If a Government. official is found guilty of
“planting” any dangerous drugs in the
person or in the immediate vicinity of
another as evidence to implicate the latter,
he shall suffer the same penalty as therein
provided.
➢ With respect to par G, the maximum penalty
shall be imposed if the land used is public
domain; if private, the land shall be
escheated to the state unless the owner
proves that he had no knowledge of such
cultivation despite the exercise of due
diligence
➢ Acquittal in a case of importation does not
bar prosecution for illegal possession of
opium because they are 2 distinct crimes.
➢ Illegal possession of pipe is included in
illegal possession of opium if the opium and
the pipe were found in the same place and
at the same time and by the same person.
➢ Paragraph H applies only to pharmacists,
physicians, veterinarians or dentists
dispensing such drugs; additional penalty of
revocation of license
40
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Reason: there is a single criminal act
impelled by a single criminal intent.
2) Any person found loitering about public or
semipublic buildings or places, or tramping
or wandering about the country or the
streets without visible means of support
CRIMES AGAINST PUBLIC MORALS (ARTS.
195-202)
ARTS. 195-199, PROVISIONS OF PD. 483 &
449 ARE REPEALED WHICH ARE
INCONSISTENT WITH PD 1602 OR
PRESIDENTIAL DECREE PRESCRIBING
S T I F F E R P E N A LT I E S O N I L L E G A L
GAMBLING.
3) Any idle or dissolute person who lodges in
houses of ill fame; ruffians or pimps and
those who habitually associate with
prostitutes
4) Any person who, not being included in the
provisions of other articles of this Code,
shall be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS ( ARTS. 200-202)
✍ ART. 200- GRAVE SCANDAL
ELEMENTS:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous
as offending against decency and good
customs
3. That the highly scandalous conduct is not
expressly falling within any other article of
this Code
4. That the act or acts complained of be
committed in a public place or within the
public knowledge or view.
PROSTITUTES - women who, for money or
profit, habitually indulge in sexual intercourse or
lascivious conduct
ART. 203 WHO ARE PUBLIC
OFFICERS
REQUISITES:
1. Taking part in the performance of public
functions in the Government or performing in
said Government or in any of its branches
public duties as an employee, agent or
subordinate official of any rank or class
2. That his authority must be –
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
✍
ART. 201- IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS &
EXHIBITIONS & INDECENT SHOWS (AS
AMENDED BY PD 969)
PERSONS LIABLE:
1) Those who shall publicly expound or
proclaim doctrines openly and contrary to
public morals
✍
CRIMES OF MALFEASANCE &
MISFEASANCE IN OFFICE
(ARTS. 204-211)
• MISFEASANCE- improper performance of
some act which might lawfully be done
2) The authors of obscene literature, published
with their knowledge in any form; the editors
publishing such literature; and the owners,
operators of the establishment selling the
same
• MALFEASANCE- the performance of some
act which ought not to be done
• NONFEASANCE- omission of some act which
ought to be performed
3) T h o s e w h o , i n t h e a t r e s , f a i r s ,
cinematographs or any other place, exhibit
indecent or immoral shows which are
proscribed or are contrary to law, public
order, morals, good customs, established
policies, lawful orders, decrees and edicts
✍ ART. 204- KNOWINGLY RENDERING
UNJUST JUDGEMENT
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgement is
unjust.
4) Those who shall give away or exhibit films,
prints, engravings, sculpture or literature
which are offensive to morals
ART. 202- VAGRANTS &
PROSTITUTES
PERSONS LIABLE:
1) Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself to
some lawful calling
✍
ART. 205- JUDGEMENT THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable negligence
✍
41
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
or ignorance
consideration of any offer, promise, gift or
present --- an act constituting a crime, in
connection with the performance of his
official duties
✍ ART. 206- UNJUST
INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
order or decree.
b. R e n d e r s a m a n i f e s t l y u n j u s t
interlocutory order or decree through
inexcusable negligence or ignorance
2) Accepting a gift in consideration of the
execution of an act which does not
constitute a crime, in connection with the
performance of his official duty
3) Agreeing to refrain, or by refraining, from
doing something which it is his official duty
to do, in consideration of a gift or promise
✍ ART. 207- MALICIOUS DELAY IN
THE ADMINISTRATION OF JUSTICE
ELEMENTS:
1. That the offender is a judge
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That it is caused by the judge with deliberate
intent to inflict damage on either party in the
case
QUALIFIED BRIBERY - committed by public
officers entrusted with the enforcement of law
and whose duty is to arrest and prosecute those
who violate them where the penalty for the same
is reclusion perpetua or higher.
✍ ART. 211- INDIRECT BRIBERY
ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason
of his office
ART. 208- PROSECUTION OF
OFFENSES; NEGLIGENCE &
TOLERANCE
Punishable Acts:
1) Maliciously refraining from instituting
prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
✍
ART. 212- CORRUPTION OF PUBLIC
OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises
or gives gifts or presents to a public officer
2. That the offers or promises are made or the
gifts or present given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery
✍
REQUISITES:
1. That the offender is a public officer who has
a duty to cause the prosecution of, or to
prosecute offenses
2. That knowing 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
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law
ANTI-GRAFT & CORRUPT PRACTICES
ACT (R.A. 3019)
(RA 3019 as amended by RA 3047, PD 77
and BP 195)
✍ Section 2. Definition of Terms.
ART. 209- BETRAYAL OF TRUST BY
AN ATTY. OR SOLICITOR
Punishable Acts:
1) Causing damage to his client, either:
(a) by any malicious breach of professional
duty; or
(b) inexcusable negligence or ignorance
✍
Government – the nat’l Government, the local
Government, the GOCCs, & all other
instrumentalities or agencies of the government
PUBLIC OFFICER – elective & appointive
officials & employees, permanent or temporary,
whether in the classified or unclassified or
exempt services receiving compensation, even
nominal, from the Government.
2) Revealing any of the secrets of his client
learned by him in his professional capacity
➢ damage is not necessary
✍ Section 3. Corrupt Practices of Public
Officials.
A. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
3) Undertaking the defense of the opposing
party in the same case without the consent
of his first client.
✍ ART. 210- DIRECT BRIBERY
Punishable Acts:
1) Agreeing to perform, or by performing, in
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
I.
B. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit, for himself or for any other person,
in connection w/ any other contract or
transaction between the Government and
any other party, wherein the public officer in
his official capacity has to intervene under
the law.
Interest for personal gain shall be presumed
against those public officers responsible for
the approval of manifestly unlawful,
inequitable, or irregular transactions or acts
by the board, panel or group to w/c they
belong.
C. Directly or indirectly requesting or receiving
any gift, present or other pecuniary or
material benefit, for himself or for another,
from any person for whom the public officer,
in any manner or capacity has secured or
obtained, or will secure or obtain, any
Government permit or license, in
consideration for the help given or to be
given, w/out prejudice to Section 13 of this
Act.
J.
D. Accepting or having any member of his
family accept employment in a private
enterprise w/c has pending official business
w/ him during the pendency thereof or w/in
one year after his termination.
Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not qualified or
entitled.
K. Divulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
date.
E. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his administrative or judicial functions
through manifest partiality, evident bad faith
or gross inexcusable negligence.
This
provision shall apply to officers and
employees of offices or Government corps.
charged w/ the grant of licenses or permits
or other concessions.
F.
Directly or indirectly becoming interested, for
personal gain, or having material interest in
any transaction or act requiring the approval
of a board, panel or group of w/c he is a
member, & w/c exercises discretion in such
approval, even if he votes against the same
or does not participate in the action of the
board, committee, panel or group.
✍ Section 4. Prohibition on private individuals.
A. Taking advantage of family or close personal
relation with public official is punished.
B. Knowingly inducing or causing any public
official to commit any of the offenses defined
in Section 3.
Neglecting or refusing, after due demand or
request, w/out sufficient justification, to act
w/in a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own
interest or giving undue advantage in favor
of or discriminating against any other
interested party.
✍ Section 5. Prohibition on certain relatives.
The spouse or any relative, by
consanguinity, w/in the 3rd civil degree, of the
President, the Vice-President, Senate President,
or the Speaker of the House of Representatives
is prohibited to intervene directly or indirectly, in
any business, transaction, contract or
application with the Government.
EXCEPTIONS TO THE PROVISIONS:
1. Any person who, prior to the assumption
of office of any of those officials to whom
he is related, has been already dealing
with the Government along the same
line of business, or to any transaction,
contract or application already existing
or pending at the time of such
assumption of public office;
2. Any application filed by him, the
approval of w/c is not discretionary on
the part of the official/s concerned but
depends upon compliance with the
requisites provided by law, or rules or
regulations issued pursuant to the law.
G. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
H. Directly or indirectly having financial or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in w/c he is prohibited by the
Constitution or by law from having any
interest.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
3. Any act lawfully performed in an official
capacity or in the exercise of a
profession.
insignificant value offered or given as a
mere ordinary token of gratitude of
friendship according to local custom or
usage.
✍ Section 6. Prohibition on Members of
Congress
ANTI-PLUNDER ACT
RA 7080
Means or schemes to acquire ill-gotten
wealth:
✍
➢ Members of Congress during their term are
prohibited to acquire or receive any personal
pecuniary interest in any specific business
enterprise w/c will be directly & particularly
favored or benefited by any law or resolution
authored by them.
1. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury
2. By receiving, directly or indirectly, any
commission, gift, share, percentage or any
other form of pecuniary benefit from any
person and/or entity in connection with any
government
contract/project or by
reason of his office/position
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
Government
4. By obtaining, receiving or accepting, directly
or indirectly, any shares of stock, equity, or
any other form of interest or participation
including the promise of future employment
in any business enterprise or undertaking
5. By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementing decrees
and orders intended to benefit particular
persons or special interests
6. By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves
➢ The prohibition shall also apply to any public
officer who recommended the initiation in
Congress of the enactment or adoption of
any law or resolution, & acquires or receives
any such interest during his incumbency.
➢ The member of Congress or other public
officer, who, having such interest prior to the
approval of a law or resolution authored or
recommended by him, continues for thirty
days after such approval to retain his
interest, also violates this section.
✍ Section 7. Statement of assets and liabilities.
➢ Every public officer shall prepare & file a
true & detailed sworn statement of assets &
liabilities, including a statement of the
amount & sources of his income, the amount
of his personal & family expenses & the
amount of income taxes paid for the next
preceding calendar year.
✍ Section 8. Prima facie evidence of and
dismissal due to unexplained wealth.
Note: These SHOULD be committed by a
combination or through a series of acts. T h e r e
should be at least two acts otherwise the
accused should be charged with the particular
crime committed and not with plunder.
A
combination means at least two acts of a
different category while a series means at least
two acts of the same category (Estrada vs
Sandiganbayan November 21, 2001)
➢ A public official who has been found to have
acquired during his incumbency, whether in
his name or the name of other persons, an
amount of property and/or money manifestly
out of proportion to his salary and to his
lawful income (RA #1379) – GROUND FOR
FORFEITURE OF UNEXPLAINED
WEALTH
✍
Section 2.
Plunder; Penalties.
✍ Section 11. Prescription of offenses.
15 YEARS – prescriptive period of all
offenses under the Act.
Definition of the Crime of
Plunder - a crime committed by any public
officer, by himself, or in connivance with his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos
✍ Section 12. Termination of office.
NO PUBLIC OFFICER IS ALLOWED TO
RESIGN OR RETIRE:
1. Pending investigation, criminal or
administrative or
2. Pending a prosecution against him, or
3. For any offense under the Act or under
the provisions of the RPC on bribery.
Penalty - Reclusion Perpetua to Death
Mitigating and extenuating circumstances
shall be considered by the courts in the
imposition of penalty.
✍ Section 14. Exception.
➢ Unsolicited gifts or presents of small or
✍ Section 4. Rule of Evidence.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
speculation
3. That the transaction takes place within the
territory subject to his jurisdiction
4. That he becomes interested in the
transaction during his incumbency
It is not necessary to prove each and every
criminal act done. A pattern of overt or criminal
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
✍ Section 5. Suspension and Loss of Benefits.
✍ ART. 216- POSSESSION OF
PROHIBITED INTEREST BY A PUBLIC
OFFICER
PERSONS LIABLE:
1) Public officer who, directly or indirectly,
became interested in any contract or
business which it was his official duty to
intervene
2) Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted
3) Guardians and executors with respect to the
property belonging to their wards or the
estate
✍ Section 6. Prescription of Crimes
20 years – prescription
ART. 213- FRAUDS AGAINST THE
PUBLIC TREASURY & SIMILAR
OFFENSES
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1. That the offender be a public officer
2. That he intervened in the transaction in his
official capacity
3. That he entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to (1)
furnishing supplies (2) the making of
contracts, or (3) the adjustment or
settlement of accounts relating to public
property of funds
4. That the accused had intent to defraud the
Government.
CRIMES CALLED MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
(ARTS. 217-221)
✍ ART. 217- MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
Punishable Acts:
1) Appropriating public funds or property
2) Taking or misappropriating the same
3) Consenting or through abandonment or
negligence, by permitting any other person
to take such public funds or property
ELEMENTS OF ILLEGAL EXACTIONS
(PAR.2):
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees, &
other imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law
➢ Officers or employees of the Bureau of
Internal Revenue or Bureau of Customs are
not covered by this article. The National
Internal Revenue Code or the Administrative
Code applies.
COMMON ELEMENTS:
1. That the offender is a public officer who has:
a. Official custody of public funds or
property or the duty to collect or receive
funds due to the Government
b. The obligation to account for them to the
Government
2. That he had the custody or control of funds
or property by reason of the duties of his
office
3. That those funds or property were public
funds or property for which he was
accountable
4. That he appropriated, took, misappropriated
or consented or through abandonment or
negligence, permitted another person to
take them
ART. 214- OTHER FRAUDS
✍
MALVERSATION MAY BE COMMITTED BY
PRIVATE INDIVIDUALS IN THE FOLLOWING
CASES:
1) Those in conspiracy with public officers
guilty of malversation;
2) Those who are accessory or accomplice to a
public officer;
3) Custodian of public funds or property in
whatever capacity;
4) Depositary or administrator of public funds
or property.
➢ The offender is a public officer who takes
advantage of his official position.
ART. 215- PROHIBITED
TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public
officer
2. That he becomes interested, directly or
indirectly, in any transaction of exchange or
✍
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
➢ PRESUMPTION
When demand is made to the
accountable officer to account for the funds and
property and the same is not forthcoming, the
presumption is that he misappropriated the
funds.
property has been appropriated by law or
ordinance.
MALVERSATION
• the public fund is to
be applied to the
personal use &
benefit of the offender
or of another person
➢ Malversation is principally distinguished
from estafa by:
a. The public or private character of the
accused
b. The nature of the funds
c. The fact that conversion is not required
in malversation
d. The rule that there is no need of prior
demand in malversation
e. The absence of a requirement of
damage in malversation
ILLEGAL USE
• the public fund or
property is applied to
another public use
✍ ART. 221-FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
PROPERTY
Punishable Acts:
1) Failing to make payment by a public officer
who is under obligation to make such
payment from the Government funds in his
possession
2) Refusing to make delivery by a public officer
who has been ordered by competent
authority to deliver any property in his
custody or under his administration (refusal
must be malicious)
✍ ART. 218- FAILURE OF
ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS
ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom
2. That he must be an accountable officer for
public funds or property
3. That he is required by the law or regulation
to render accounts to the Comm. on Audit,
or to the provincial auditor
4. That he fails to do so for a period of 2 mos.
after such accounts should be rendered
ART. 222-OFFICERS INCLUDED IN
THE PROVISIONS
Private Individuals who may be liable under Art.
217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or
property, attached, seized, or deposited by
public authority even if such property
belongs to a private individual
✍
➢ Misappropriation is not necessary.
✍ ART. 219- FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACOUNTS BEFORE LEAVING
THE COUNTRY
ELEMENTS:
1. That the offender is a public officer
2. That he must be an accountable officer for
public funds or property
3. That he unlawfully left (or be on the point of
leaving) the Phils. without securing from the
Comm. on Audit a certificate showing that
his accounts have been finally settled
ART. 223- CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS:
1. That the offender is a public officer
2. That he had in his custody or charge a
prisoner, either detention prisoner, or
prisoner by final judgement
3. That such prisoner escaped from his
custody
4. That he was in connivance with the prisoner
in the latter’s escape
✍
ART. 220- ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
This crime is known as technical
malversation because the fund or property is
already earmarked or appropriated for a certain
public purpose.
✍
ART. 224- EVASION THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgement
3. That such prisoner escapes through his
negligence
✍
ELEMENTS:
1. That the offender is a public officer
2. That there are public funds or property
under his administration
3. That such public fund or property has been
appropriated by law or ordinance
4. That he applies the same to a public use
other than that for which such fund or
✍
ART. 225-ESCAPE OF PRISONER
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
UNDER THE CUSTODY OF A PERSON
NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him
3. That the prisoner or person under arrest
escapes
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence
✍ ART. 230- PUBLIC OFFICER
REVEALING SECRETS OF PRIVATE
INDIVIDUAL
ELEMENTS:
1. That the offender is a public officer
2. That he knows of the secrets of a private
individual by reason of his office
3. That he reveals such secrets without
authority or justifiable reason
✍ ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive
officer
2. That there is a judgement, decision, or order
of a superior authority
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities
4. That the offender without any legal
justification openly refuses to execute the
said judgement, decision or order, which he
is duty bound to obey
✍ ART. 226- REMOVAL,
CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he removes, destroys, conceals
documents or papers
3. That the said documents/ papers must be
entrusted to such public officer by reason of
his office
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.
ART. 232-DISOBEDIENCE TO ORDER
OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR
OFFICER
ELEMENTS:
1. That the offender is a public officer
2. That an order is issued by his superior for
execution
3. That he has for any reason suspended the
execution of such order
4. T h a t h i s s u p e r i o r d i s a p p r o v e s t h e
suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
✍
ART. 227- OFFICER BREAKING THE
SEAL
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the custody of
papers or property
3. That these papers or property are sealed by
proper authority
4. That he breaks the seal or permits them to
be broken
✍
✍ ART. 233-REFUSAL OF ASSISTANCE
ELEMENTS:
1. That the offender is a public officer
2. That a competent authority demands from
the offender that he lend his cooperation
towards the administration of justice or other
public service
3. That the offender fails to do so maliciously
✍ ART. 228- OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That closed papers, documents, or objects
are entrusted to his custody
3. That he opens or permits to be opened said
closed papers, documents or objects
4. That he does not have the proper authority
ART. 234-REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS:
1. That the offender is elected by popular
election to a public office
2. That he refuses to be sworn in or to
discharge the duties of said office
3. That there is no valid justification for such
refusal.
✍
ART. 229- REVELATION OF
SECRETS BY AN OFFICER
Punishable Acts:
1) Revealing secrets known to the offending
public officer by reason of his official
capacity
2) Delivering wrongfully papers or copies of
papers of which he may have charge and
which should not be published
✍
ART. 235-MALTREATMENT OF
PRISONERS
ELEMENTS:
1. That the offender is a public officer or
employee
✍
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. That he has under his charge a prisoner or
detention prisoner
3. That he maltreats such prisoner:
a. By overdoing himself in the correction
and handling
i.
By the imposition of punishments
not authorized by the regulations
ii.
By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner
2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
executive authorities in the lawful exercise of
their powers
ART. 241- USURPATION OF
JUDICIAL FUNCTIONS
ELEMENTS
1. That the offender is an officer of the
executive branch of the Government.
2. That he (a) assumes judicial powers, or (b)
obstructs the execution of an order or
decision rendered by any judge within his
jurisdiction
✍
ART. 236-ANTICIPATION OF DUTIES
OF PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment
2. That the law requires that he should first be
sworn in and/ or should first give a bond
3. That he assumes the performance of the
duties and powers of such office
4. That he has not taken his oath of office and/
or given the bond required by law
✍
ART. 242-DISOBEYING REQUEST
FOR DISQUALIFICATION
ELEMENTS:
1. That the offender is a public officer
2. That a proceeding is pending before such
public officer
3. That there is a question before the proper
authority regarding his jurisdiction which is
not yet decided
4. That he has been lawfully required to refrain
from continuing the proceeding
5. That he continues the proceeding.
✍
✍ ART. 237-PROLONGING
PERFORMANCE OF DUTIES AND
POWERS
ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations,
or special provisions for holding such office,
has already expired
3. That he continues to exercise the duties and
powers of such office
✍ ART. 243-ORDERS OR REQUESTS
BY EXEC. OFFICERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS:
1. That the offender is a public officer
2. That he addresses any order or suggestion
to any judicial authority
3. That the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of justice
ART. 238-ABANDONMENT OF
OFFICE OR POSITION
ELEMENTS:
1. That the offender is a public officer
2. That he formally resigns from his position
3. That his resignation has not yet been
accepted
4. That he abandons his office to the detriment
of the public service
✍
✍
ART. 244-UNLAWFUL
APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he nominates or appoints a person to a
public office
3. That such person lacks the legal
qualification
4. That the offender knows that his nominee or
appointee lacks the qualifications at the time
he made the nomination or appointment
ART. 239-USURPATION OF
LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial
officer
2. That he (a) makes general rules/regulations
beyond the scope of his authority; (b)
attempts to repeal a law (c) suspends the
execution thereof
✍
ART. 245-ABUSES AGAINST
CHASTITY
ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent
advances to a woman
3. Such woman must be:
a) interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report
to or consult with a superior officer; or
b) under the custody of such offender who
✍
ART. 240-USURPATION OF
EXECUTIVE FUNCTIONS
ELEMENTS:
1. That the offender is a judge
✍
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
is a warden or other public officer
c) wife, daughter, sister or relative within
the same degree by affinity of the
person under the custody of the offender
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any means
involving great waste and ruin
CRIMES AGAINST PERSONS
(ARTS. 246-266)
✍ ART. 246-PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
other ascendant or legitimate other
descendant, or the legitimate spouse, of the
accused
4) On occasion of any of the calamities
enumerated in the preceding par., or an
earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other
public calamity
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
✍
➢ Cases of parricide when the penalty shall
not be reclusion perpetua to death:
1) parricide through negligence (art
365)
2) parricide by mistake (art 249)
3) parricide under exceptional
circumstances (art 247)
ART. 249-HOMICIDE
➢ This is the unlawful killing of any person,
which is neither parricide, murder nor
infanticide
➢ Intent to kill is conclusively presumed when
death results; evidence of intent to kill is
important only in attempted or frustrated
homicide.
✍ ART. 247-DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or parent
surprises his spouse or his daughter, the
latter under 18 yrs of age and living with
him, in the act of committing sexual
intercourse with another person
2. That he/ she kills any or both of them or
inflicts upon any or both of them any serous
physical injury in the act or immediately
thereafter
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of
the other spouse
➢ ACCIDENTAL HOMICIDE - is the death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent
✍ ART. 250-PENALTY FOR
FRUSTRATED PARRICIDE, MURDER,
HOMICIDE
ART. 251- DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally
3. That several persons quarreled and
assaulted one another in a confused and
tumultuous affray
4. That someone was killed in the course of the
affray
5. That it cannot be ascertained who actually
killed the deceased
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified
✍
➢ The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act
➢ Applicable only when the daughter is single
✍ ART. 248-MURDER
Unlawful killing of any person which is not
parricide or infanticide, provided that any of the
ff. circumstances is present:
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or
of means or persons to insure or afford
impunity
ART. 252-PHYSICAL INJURIES IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as referred
to in the preceding article
2. That a participant or some participants
thereof suffered serious physical injuries or
physical injuries of a less serious nature
✍
2) In consideration of a price, reward, or a
promise
3) By means of inundation, fire, poison,
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
3. That the person responsible cannot be
identified
4. That all those who appear to have used
violence upon the person of the offended
party are known
PARENTS
The intentional abortion is caused by --1) The pregnant woman herself
2) Any other person, with her consent
3) Any of her parents, with her consent for the
purpose of concealing her dishonor
➢ Injured party must be a participant in the
affray
➢ Liability of pregnant woman is mitigated
if the purpose is to conceal dishonor
ART. 253-GIVING ASSISTANCE TO
SUICIDE
Punishable Acts:
1) Assisting another to commit suicide, whether
the suicide is consummated or not
2) Lending his assistance to another to commit
suicide to the extent of doing the killing
himself
✍
➢ No mitigation on the parents of the
woman unlike in infanticide
ART. 259-ABORTION PRACTICED BY
A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
REQUISITES:
1. The offender be a physician or midwife,
2. That such person causes or assists in
causing the abortion
3. Said physician or midwife takes advantage
of his scientific knowledge or skill.
✍
EUTHANASIA – “Mercy Killing” Practice of
painlessly putting to death a person suffering
from some incurable disease. Not considered as
included in Art 253 because the person killed
does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
AS TO PHARMACISTS,
There is no proper prescription from a physician
and the offender dispenses any abortive
substance.
✍ ART. 254-DISCHARGE OF FIREARM
ELEMENTS:
1. That the offender discharges a firearm
against or at another person
2. That the offender has no intention to kill that
person
✍
ART. 260-RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
DUEL: Formal or regular combat previously
concerted between parties in the presence of
two or more seconds of lawful age on each side,
who make selection of arms and fix all other
conditions of the fight.
✍
ART. 255-INFANTICIDE
➢ This is the killing of any child less than 3
days (72 hours) of age
➢ Only the mother and maternal
grandparents of the child are entitled to the
mitigating circumstance of concealing the
dishonor
PERSONS LIABLE:
1) The person who killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals
2) The seconds, as accomplices
✍ ART. 256-INTENTIONAL ABORTION
WAYS TO COMMIT:
1) By using violence upon the person of the
pregnant woman
2) By acting, without using violence and
without the consent of the woman (by
administering drugs/beverages upon a
pregnant without her consent)
3) By acting, with the consent of the pregnant
woman (by administering drugs/beverages)
✍ ART. 261-CHALLENGING TO A DUEL
PUNISHABLE ACTS:
1) Challenging another to a duel
2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel
PERSONS LIABLE:
1) Challenger
2) Instigators
ART. 257-UNINTENTIONAL
ABORTION
REQUISITES:
1. Violence is used upon such pregnant
woman without intending an abortion
2. Violence is intentionally exerted
✍
✍
✍
PHYSICAL INJURIES
ART. 262-MUTILATION
➢ Offender must have the intention to deprive
the offended party of a part of his body.
ART. 258-ABORTION PRACTICED BY
THE WOMAN HERSELF OR BY HER
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
✍
1. The offended party is incapacitated for labor
for 10 days or more but not more than 30, or
needs attendance for the same period
2. The physical injuries must not be those
described in the preceding articles
ART. 263-SERIOUS PHYSICAL
INJURIES
SERIOUS PHYSICAL INJURIES:
1) When the injured person becomes insane,
impotent, imbecile, or blind in consequence
of the physical injuries inflicted
2) When the injured person loses the use of
speech, or the power to hear or to smell,
loses an eye, a hand, a foot, an arm, or a
leg, or loses the use of any of such member,
or becomes incapacitated for the work in
which he was habitually engaged in
consequence of the physical injuries
3) When the person injured, becomes
deformed, or loses any other member of his
body, or becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted
4) When the injured person becomes ill or
incapacitated for labor for more than 30
days but not more than 90 days as a result
of the physical injuries inflicted
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES
1) There is manifest intent to insult or offend
the injured person
2) There are circumstances adding ignominy
3) When the victim is either the offender’s
parents, ascendants, guardians, curators or
teachers; Persons of rank or persons in
authority, provided the crime is not direct
assault
✍
ART. 266-SLIGHT PHYSICAL
INJURIES
KINDS:
1) Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the
same period
2) Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance
3) Ill-treatment of another by deed without
causing any injury
➢ Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise,
the crime would be frustrated or attempted
murder, parricide, homicide as the case may be
ART. 266-A - THE NEW ANTI-RAPE
LAW (RA8353)
Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
✍
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons
enumerated in the crime of parricide
2) With the attendance of circumstance which
qualify the crime to murder
REPUBLIC ACT 8353
How rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination
or grave abuse of authority
d) When the offended party is under 12
years of age or is demented even
though none of the circumstances
mentioned above be present
5) By “any person” (male or female) who, under
any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by
inserting his penis into another person’s mouth,
or anal orifice or any instrument or object, into
the genital or anal orifice of another person
➢ The “qualified penalties” are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement
✍ ART. 264- ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another any
serious physical injuries
2. That it was done by knowingly administering
to him any injurious substances or
beverages or by taking advantage of his
weakness of mind or credulity
3. That he had no intention to kill (otherwise
frustrated murder)
AGGRAVATING/QUALIFYING
CIRCUMSTANCES : punishable by death
ART. 265-LESS SERIOUS PHYSICAL
INJURIES
ELEMENTS:
✍
1) When the victim is under 18 years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
within the third civil degree, or the common law
spouse of the parent of the victim
3. That the act of detention or kidnapping must
be illegal
4. That in the commission of the offense, any
of the ff. circumstances is present:
a) That the kidnapping or detention
lasts for more than 3 days
b) That it is committed simulating
public authority
c) That any serious physical injuries
are inflicted upon the person
kidnapped or detained or threats to
kill him are made
d) That the person kidnapped or
detained is a minor, except when
the accused is any of the parents, a
female or a public officer
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution
3) When the rape is committed in full view of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
QUALIFYING CIRCUMSTANCES: DEATH
PENALTY
1) Purpose is to extort ransom
2) If victim is killed, raped or tortured as a
consequence
5) When the victim is a child below 7 years old
6) 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
➢ COMPLEX CRIME OF KIDNAPPING WITH
MURDER – when victim is killed because of
his refusal to pay the ransom; kidnapping
being necessary to commit the murder; but
where he was taken for the purpose of killing
him and not for detaining him, crime
committed is MURDER
7) When committed by any member of the AFP
or para-military units thereof of 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
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical
mutilation or disability
ILLEGAL
DETENTION
9) When the offender knew of the pregnancy of
the offended party at the time of the commission
of the crime
• Committed by a
• Committed by a
public officer or
employee who
detains a person
without legal ground
• Crime is against
personal liberty and
security
• Crime against the
fundamental law of
the State
private individual who
unlawfully kidnaps,
detains or otherwise
deprives a person of
liberty
10) When the offender knew of the mental
disability, emotional disorder and/ or physical
disability of the offended party at the time of the
commission of the crime
➢ Death shall also be imposed when homicide
is committed
ARBITRARY
DETENTION
ART. 268- SLIGHT ILLEGAL
DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives him of his liberty
3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in 267
EFFECT OF PARDON:
1) The subsequent valid marriage between the
offender and the offended party shall
extinguish criminal liability (only as to the
husband)
2) The subsequent forgiveness of the wife to
the legal husband
✍
✍ CRIMES AGAINST LIBERTY
(ARTS. 267-274)
LIABILITY MITIGATED WHEN:
1) Offender voluntarily releases the person so
kidnapped or detained within three days
from the commencement of the detention,
2) without having attained the purpose
intended, and
3) before the institution of criminal proceedings
✍ ART. 267-KIDNAPPING AND
SERIOUS ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives the latter of his liberty
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
against him
guardian or person entrusted with the
custody of such minor
✍ ART. 269-UNLAWFUL ARREST
ELEMENTS:
1. That the offender arrests or detains another
person
2. That the purpose of the offender is to deliver
him to the proper authorities
3. That the arrest or detention is not authorized
by law
ART.125
• Detention is for
some legal ground
✍ ART. 274- SERVICES RENDERED
UNDER COMPULSION IN PAYMENT OF
DEBT
ELEMENTS:
1. That the offender compels a debtor to work
for him, either as household servant or farm
laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the
payment of a debt
ART.269
• Detention is not
authorized by law
CRIMES AGAINST SECURITY
(ARTS. 275-292)
✍ ART. 275-ABANDONMENT OF
PERSONS IN DANGER AND
ABANDONMENT OF ONE’S OWN
VICTIM
PUNISHABLE ACTS:
1) Failing to render assistance to any person
whom the offender finds in an uninhabited
place, wounded or in danger of dying, when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense
✍
• Crime is committed • Committed by
by failing to deliver
such person to the
proper judicial
authority within a
certain period of time
making an arrest not
authorized by law
✍ ART. 270- KIDNAPPING AND
FAILURE TO RETURN A MINOR
ELEMENTS:
1. That the offender is entrusted with the
custody of a minor person (over or under 7
but less than 21)
2. That he deliberately fails to restore the said
minor to his parents or guardian
2) Failing to help/ render assistance to another
whom the offender has accidentally
wounded or injured
3) Failing to deliver a child, under seven yrs.
whom the offender has found abandoned, to
the authorities or to his family, or by failing to
take him to a safe place
➢ When committed by either parent, penalty is
only arresto mayor.
✍
✍
ART. 276-ABANDONING A MINOR
ELEMENTS:
1. That the offender has the custody of a child
2. That the child is under seven yrs.
3. That he abandons such child
4. That he has no intent to kill the child when
the latter is abandoned
ART. 271- INDUCING A MINOR TO
ABANDON HIS HOME
➢ Inducement must be (1) actual, and (2)
committed with criminal intent
➢ Father or mother may commit crimes under
Arts. 270 & 271 – where they are living
separately and the custody of the minor
child has been given to one of them
✍ ART. 277-ABANDONMENT OF
MINOR BY PERSON ENTRUSTED WITH
HIS CUSTODY; INDIFFERENCE OF
PARENTS
ELEMENTS OF ABANDONMENT OF MINOR:
1. That the offender has charge of the rearing
or education of a minor
2. That he delivers said minor to a public
institution or other persons
3. That the one who entrusted such child to the
offender has not consented to such act, or if
the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it
✍ ART. 272-SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps,
or detains a human being
2. That the purpose of the offender is to
enslave such human being
ART. 273-EXPLOITATION OF CHILD
LABOR
ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
✍
ELEMENTS OF INDIFFERENCE OF
PARENTS:
1. That the offender is a parent
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. That he neglects his children by not giving
them education
3. That his station in life requires such
education and his financial condition permits
it
4. Failure to give education must be due to
deliberate desire to evade such obligation
ART. 278-EXPLOITATION OF
MINORS
Prohibited Acts:
1) Causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
strength, or contortion, the offender being
any person
✍
2) Employing children under 16 who are not
children or descendants of the offender in
exhibitions
of acrobat, gymnast, ropewalker, diver, or wild animal tamer, the
offender being an acrobat, etc, or circus
mgr. or engaged in a similar calling
• Offender enters a
dwelling house
• Offender enters
closed premises or
fenced estate
• Place entered is
inhabited
• Place entered is
uninhabited
• Act constituting the
crime is entering the
dwelling against the
will of the owner;
• It is the entering the
closed premises or
the fenced estate
without securing the
permission of the
owner or caretaker
thereof
• Prohibition to enter
is express or implied
• Prohibition to enter
must be manifest
✍ ART. 282-GRAVE THREATS
Prohibited Acts:
Threatening another with the infliction upon his
person, honor, or property or that of his family
any wrong amounting to a crime:
a) Demanding money or imposing a
condition
b) Without any such demand or condition
Qualifying Circumstance:
If threat was made in writing or through
a middleman
3) Employing any descendant under 12 years
of age in dangerous exhibitions enumerated
in the next preceding par., the offender
being engaged in any of the said callings
4) Delivering a child under 16 gratuitously to
any person ff. any callings enumerated, 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
✍ ART. 283- LIGHT THREATS
ELEMENTS:
1. That the offender makes threat to commit a
wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that
other condition is imposed, even though not
unlawful
5) Inducing any child under 16 to abandon the
home of its ascendants, guardians, curators
or teachers to follow any person engaged in
any callings mentioned or to accompany any
habitual vagrant or beggar, the offender
being any person
Note: RA 7610 punishes abuse, exploitation and
discrimination of minors
➢ Blackmailing may be punished under Art.
283
ART. 280-QUALIFIED TRESPASS TO
DWELLING
ELEMENTS:
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latter’s will
✍
✍
✍ ART. 285-OTHER LIGHT THREATS
Prohibited Acts:
1) Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it
be in lawful self-defense
2) Orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in his
threat
3) Orally threatening to do another any harm
not constituting a felony
➢ Qualified if committed by means of violence/
intimidation
ART. 281-OTHER FORMS OF
TRESPASS
✍
ART.280
ART. 281
• Offender is a private • The offender is any
person
ART. 284- BOND FOR GOOD
BEHAVIOR
✍ ART. 286-GRAVE COERCION
ELEMENTS:
1. That a person prevented another from doing
person
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
something not prohibited by law, or
by compelling him to do something against
his will, be it right or wrong
2. That the prevention or compulsion be
effected by violence, either by material force
or such display of force as would produce
intimidation and control the will of the
offended party
3. That the person that restrained the will and
liberty of another had no authority
4. That offender is informed of the contents of
the papers or letters seized
ART. 291-REVEALING SECRETS
WITH ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant
2. That he learns the secrets of his principal or
master in such capacity
3. That he reveals such secrets
✍
✍ ART. 287- LIGHT COERCION
ELEMENTS:
1. That the offender must be a creditor
2. That he seizes anything belonging to his
debtor
3. T h a t t h e s e i z u r e o f t h e t h i n g b e
accomplished by means of violence or a
display of material force producing
intimidation
4. That the purpose of the offender is to apply
the same to the payment of the debt
➢ Damage not necessary
✍
ART. 292-REVELATION OF
INDUSTRIAL SECRETS
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment
2. T h a t t h e m a n u f a c t u r i n g / i n d u s t r i a l
establishment has a secret of the industry
which the offender has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
UNJUST VEXATION
includes any human
conduct which, although not productive of some
physical or material harm would, however,
unjustly annoy or vex an innocent person.
✍ ART. 288- OTHER SIMILAR
COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF
TOKENS)
Prohibited Acts:
1) Forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or
compelling of the laborer or employee of the
offender to purchase merchandise or
commodities of any kind from him
2) Paying the wages due his laborer or
employee by means of tokens or objects
other than the legal tender currency of the
Phil., unless expressly requested by such
laborer or employee
CRIMES AGAINST PROPERTY
(ARTS. 293-331)
✍ ART. 293-ROBBERY
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or
intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299&
302)
ELEMENTS OF ROBBERY IN GENERAL:
1. That there be personal property belonging to
another;
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation
of any person/ or force used upon things
✍ ART. 289-FORMATION,
MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS
➢ Violence or intimidation must be present
before the taking of personal property is
complete
➢ REPUBLIC ACT 6539 applies when the
property taken in robbery is a motor vehicle
(CARNAPPING)
Pls see Labor Code Arts. 263, 264, 272 and 288
ART. 290- DISCOVERING SECRETS
THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function
2. That he seizes the papers or letters of
another
3. That the purpose is to discover the secrets
of such other person
✍
CLASS I
✍ ART. 294- ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS
➢ This article punishes robbery with either
homicide, rape, mutilation, arson, serious
physical injuries or with clearly unnecessary
violence. These offenses are known as
SPECIAL COMPLEX CRIMES.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ROBBERY
INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another
2. That the offender compels him to sign,
execute, or deliver any public instrument or
document
3. That the compulsion is by means of violence
or intimidation
BRIBERY
•
The victim is • He parts with his
d e p r i v e d o f h i s money in a sense
money, property by voluntarily
force or intimidation
✍ ART. 295- ROBBERY WITH
PHYSICAL INJURIES, COMMITTED IN
AN UNINHABITED PLACE AND BY A
BAND OR WITH THE USE OF FIREARM
ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force or Intimidation
of Persons:
Nos. 3,4,5 of Article 294: if committed1) In an uninhabited place; or
2) By a band; or
3) By attacking a moving train, street car, motor
vehicle, or airship; or
4) By entering the passengers’ compartments
in a train, or in any manner taking the
passengers by surprise in the respective
conveyances; or
5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms,
the offender shall be punished by the
maximum periods of the proper penalties
prescribed in 294.
CLASS II
ROBBERY BY THE USE OF FORCE UPON
THINGS
✍ ART. 299- ROBBERY IN AN
INHABITED HOUSE/ PUBLIC BUILDING
OR EDIFICE DEVOTED TO WORSHIP
ELEMENTS: (Subdivision A)
1. The offender entered (a) an inhabited house
(b) a public building or (c) an edifice devoted
to religious worship
2. The entrance was effected by any of the
following means:
a) Through an opening not intended for
entrance or egress;
b) By breaking any wall, roof, floor,
door or window;
c) By using false keys, picklocks or
similar tools; or
d) By using any fictitious name or
pretending the exercise of public
authority
✍ ART. 296- DEFINITION OF A BAND
AND PENALTY INCURRED BY THE
MEMBERS THEREOF
OUTLINE
1) When at least four armed malefactors take
part in the commission of a robbery, it is deemed
committed by a band.
➢ The whole body of the culprit must be inside
the building to constitute entering
ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public
building or edifice devoted to religious
worship, regardless of the circumstances
under which he entered.
2. The offender takes personal property
belonging to another with intent to gain
under any of the following circumstances:
a. b y t h e b r e a k i n g o f d o o r s ,
wardrobes, chests, or any other kind
of sealed furniture or receptacle
b. by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery
2) When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all the malefactors shall be the
maximum of the corresponding penalty provided
by law without prejudice to the criminal liability
for illegal possession of such firearms.
3) Any member by a band who was present at
the commission of a robbery by the band, shall
be punished as principal of any of the assaults
committed by the band, unless it be shown that
he attempted to prevent the same.
➢ If the locked or sealed receptacle is not
forced open, crime is estafa or theft.
✍ ART. 297-ATTEMPTED AND
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
✍ ART. 300- ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND
➢ SPECIAL COMPLEX CRIME: When
robbery is attempted or frustrated but
homicide is attendant
✍
➢ When committed in an uninhabited place
AND by a band, as distinguished from
Qualified Robbery with Violence or
Intimidation of Persons (Art 295) which is
committed in an uninhabited place OR by a
band.
ART. 298-EXECUTION OF DEEDS BY
MEANS OF VIOLENCE OR
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
✍ ART. 302 - ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
BUILDING
Same manner of commission as Article 299
3. Mere formation is
punished
ART. 308-WHO ARE LIABLE FOR
THEFT
ELEMENTS:
1. That there be taking of personal property
2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent
of the owner
5. That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things
✍
✍ ART. 304- POSSESSION OF
PICKLOCKS OR SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession
picklocks or similar tools
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery
3. That the offender does not have lawful
cause for such possession
➢ What distinguishes THEFT from ROBBERY
is that in theft the offender does not use
violence or intimidation or does not enter a
house or building through any of the means
specified in Art. 299 or Art. 302 in taking
personal property of another with intent to
gain
✍ ART. 305 FALSE KEYS
INCLUSIONS:
1. Tools not mentioned in the next preceding
article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender
✍
ART. 310-QUALIFIED THEFT
There is qualified theft in the ff. instances:
1) If theft is committed by a domestic servant
✍ PRESIDENTIAL DECREE 532 – modified
Art 306 & 307
✍ ART. 306 BRIGANDAGE
ELEMENTS:
1. There be at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a) To commit robbery in a highway; or
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
c) To attain by means of force or
violence any other purpose
2) If committed with grave abuse of confidence
3) If the property stolen is a motor vehicle, mail
matter, or large cattle
4) If the property stolen consists of coconuts
taken from the premises of plantation
5) If the property stolen is fish taken from a
fishpond or fishery
Any person who aids or abets the
commission of highway robbery or brigandage
shall be considered accomplices.
a) by giving information about the
movement of police or other peace
officers of the government
b) acquires or receives property taken
from such brigands
c) in any manner derives any benefit
therefrom
d) directly/indirectly abets the
commission of highway robbery
BRIGANDAGE
6) If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance
PRESIDENTIAL DECREE 533 – ANTICATTLE RUSTLING LAW OF 1974
CATTLE RUSTLING – the taking away by any
means, method or scheme, without the consent
of the owner/raiser, of any of the animals
(classified as large cattle) whether or not for
profit or gain, or whether committed with or
without violence against or intimidation of any
person or force upon things. It includes the
killing of large cattle, or taking its meat or hide
without the consent of the owner /raiser.
ROBBERY IN BAND
1. Purpose: commit
robbery in highway; or
to kidnap person for
ransom; or any other
purpose attained by
force and violence
1. Purpose: commit
robbery, not
necessarily in
highways
2. Agreement is to
commit several
robberies
2. Agreement to
commit a particular
robbery
3. Actual commission
of robbery necessary
Note: Cattle rustling is mala in se since PD 533
is an amendment to Arts. 308, 309 and 310 of
the RPC (TAER vs. CA)
ANTI-FENCING LAW
(PD #1612)
✍ Section 2. Definition of Terms.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Fencing - the act of any person who, w/ intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell, or dispose
of, or shall buy and sell, or in any other manner
deal any article, item, object or anything of value
w/c he knows, or should be known to him, to
have been derived from the proceeds of the
crime of robbery or theft.
2. That the offender alters said boundary
marks
ART. 314- FRAUDULENT
INSOLVENCY
ELEMENTS:
1. That the offender is a debtor
2. That he absconds with his property
3. That there be prejudice to his creditors
✍ ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1. That the accused defrauded another by
abuse of confidence, or by means of deceit
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons
✍
✍ Section 5. Presumption of Fencing.
Mere possession of any good, article, item,
object, or anything of value w/c has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
✍ Section 6. Clearance/Permit to Sell Used/
Second Hand Articles.
ESTAFA WITH UNFAITHFULNESS OR ABUSE
OF CONFIDENCE
➢ All stores, establishments or entities dealing
in the buy and sell of any good, article, item,
object or anything of value shall before
offering the same for sale to the public,
secure the necessary clearance or permit
from the station commander of the
Integrated National Police in the town or city
where such store, establishment or entity is
located.
ELEMENTS OF 315, NO.1 (A):
1. That the offender has an onerous obligation
to deliver something of value
2. That he alters its substance, quantity or
quality
3. That damage or prejudice is caused to
another
ELEMENTS OF 315, NO.1 (B)
1. That money, goods, or other personal
property be received by the offender in trust,
or on commission, or for administration, or
under any other obligation involving the duty
to make delivery of, or to return, the same
2. T h a t t h e r e b e m i s a p p r o p r i a t i o n o r
conversion of such money or property by the
offender, or denial on his part of such receipt
3. That such misappropriation or conversion or
denial is to the prejudice of another
4. That there is demand made by the offended
party to the offender
➢ Any person who fails to secure the required
clearance/permit shall also be punished as a
fence.
CRIMES CALLED USURPATION
(ARTS. 312 & 313)
✍ ART. 312- OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property
2. That the real property or real rights belong to
another
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real property or
usurping real rights in property
4. That there is intent to gain
THEFT/ROBBERY
• Personal property
is taken
THEFT
ESTAFA
· if he had acquired
only the material or
physical possession
of the thing
· if in receiving the
thing from the
offended party, the
offender acquired also
the
juridical
possession of the
thing and he later
misappropriated it
ESTAFA
MALVERSATION
ART.312
• Real property or
real right involved
• The funds or
property are private
ART.313 - ALTERING BOUNDARIES
OR LANDMARKS
ELEMENTS:
1. That there be boundaries marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate
the boundaries of the same
✍
• Usually public
funds or property
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
• Offender is a
private individual or
even a public officer
who is not
accountable for
public funds or
property
• Offender who is
usually a public officer
is accountable for
public funds or
property
• Crime is committed
by misappropriating,
converting or denying
having received
money, goods, or
other personal
property
• Crime is committed
by appropriating,
taking or
misappropriating or
consenting, or
through abandonment
or negligence,
permitting any other
person to take the
public funds or
property
ELEMENTS OF 315 No. 2 (D)
1. That the offender postdated a check, or
issued a check in payment of an obligation
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were
not sufficient to cover the amount of the
check
✍ BATAS PAMBANSA 22
Bouncing Checks Law
Section 1. Checks Without Sufficient Funds
2 Offenses punished in BP 22
1) Making or Drawing and issuing a check
knowing at the time of issue that he does not
have sufficient funds.
Elements:
a. That a person draws a check.
b. That the check is made or drawn and
issued to apply on account or for value.
c. That the person knows that at the time
of issue he does not have sufficient
funds in or credit with the drawee bank
for the payment of such check upon its
presentment.
d. That the check is subsequently
dishonored by the drawee bank for the
insufficiency of funds or would have
been dishonored for the same reason
had not the drawer, without any valid
reason ordered the bank to stop
payment.
ELEMENTS OF 315, NO.1 (C)
1. That the paper with the signature of the
offended party be in blank
2. That the offended party should have
delivered it to the offender
3. That above the signature of the offended
party a document is written by the offender
without authority to do so
4. That the document so written creates a
liability of, or causes damage to the
offended party or any third person
ESTAFA BY MEANS OF DECEIT (Art. 315,
nos. 2 and 3)
2) Failing to keep sufficient funds to cover
check if presented within a period of 90 days
from the date appearing thereon.
Elements:
a. That a person has sufficient funds with
the drawee bank when he makes or
issues a check.
b. That he fails to keep sufficient funds or
to maintain a credit to cover the full
amount if presented within a period of
90 days from the date of appearing
thereon.
c. That the check is dishonored.
ELEMENTS OF 315, NO.2:
1. That there must be false pretense,
fraudulent act or fraudulent means
2. That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously with the
commission of fraud
3. That the offended party must have relied on
the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to
part with is money or property because of
the false pretense, fraudulent act, or
fraudulent means
4. That as a result thereof, the offended party
suffered damage
315 NO.2 (A)
1) By using a fictitious name
2) By falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions
3) By means of other similar deceits
VACA CASE:
Imposed only the fine and not imprisonment.
However, in case of insolvency then subsidiary
imprisonment is applied.
It does not, however, altogether remove
from the trial court the discretion to impose the
penalty of imprisonment when the
circumstances so warrant.
315 No.2 (B)
By altering the quality, fineness or
weight of anything pertaining to his business
➢ Prosecution under BP 22 shall be without
prejudice to any liability for any violation in
the RPC.
315 No.2 (C)
By pretending to have bribed any
Government employee
➢ The fine under BP22 is based on the
amount of the check and is without regard to
the amount of damaged caused.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
BP22
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said
establishment after obtaining credit, food,
refreshment or accommodation therein,
without paying
RPC
1. endorsers are not 1. endorsers who
liable;
acted with deceit
knowing that the
check
is
worthless will be
criminally liable;
2. m a l u
prohibitum;
ELEMENTS OF 315 NO. 3 (A)
1. That the offender induced the offended party
to sign a document
2. The deceit be employed to make him sign
the document
3. That the offended party personally signed
the document
4. That prejudice be caused
m 2. malum in se;
3. Issuance of check 3. It is the means to
is for value or on
obtain
the
account;
v a l u a b l e
consideration
from the payee
(debt is not preexisting).
315 No. 3 (B) - resorting to some fraudulent
practice to insure success in a gambling game
ELEMENTS OF 315 NO. 3 (C)
1. That there be court record, office files,
documents or any other papers
2. That the offender removed, concealed or
destroyed any of them
3. That the offender had intent to defraud
another
4. a crime against 4. a crime against
public interest
property;
because it affects
the entire banking
system;
5. D e c e i t
a n d 5. False pretenses
damage are not
or deceit and
elements of the
damage or at
crime;
The
least intent to
gravamen of the
cause damage
o ff e n s e i s t h e
are essential and
issuance of the
the false
check
pretenses must
be prior to or
simultaneous with
the damage
caused.
INFIDELITY IN
CUSTODY OF
DOCUMENT
(Art.226)
ESTAFA (Art.315C)
• Offender is a public • The offender is a
officer who is officially
entrusted with the
document
6. T h e d r a w e r i s 6. given 3 days after
given 5 days after
receiving notice of
receiving notice of
dishonor;
dishonor within
which to pay or
m
a
k
e
arrangements for
payment;
private individual who
is not officially
entrusted with the
documents
ART. 316- OTHER FORMS OF
SWINDLING
PERSONS LIABLE:
1) Any person who, pretending to be the owner
of any real property, shall convey, sell,
encumber or mortgage the same
✍
7. that there are no 7. that there are no
funds or there are
funds or no
insufficient funds
sufficient funds at
at the time of
the time of
issuance
issuance or at the
time of
presentment if
made within 90
days
2) Any person who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not
recorded
3) The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person
3 WAYS TO COMMIT 315, NO. 2(E)
1) B y o b t a i n i n g f o o d , r e f r e s h m e n t o r
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or manager thereof
2) By obtaining credit at any of the said
establishments by the use of any false
pretense
4) Any person who, to the prejudice of another,
shall execute any fictitious contract
5) A n y p e r s o n w h o s h a l l a c c e p t a n y
compensation given under the belief that it
was in payment of services rendered or
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
labor performed by him, when in fact he did
not actually perform such services or labor
ARSON – when any person burns or sets fire to
the property of another; or to his own property
under circumstances which expose to danger
the life or property of another
6) Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or before
being relieved from the obligation contracted
by him, shall sell, mortgage, or, in any other
manner, encumber the real property or
properties with which he guaranteed the
fulfillment of such obligation
DESTRUCTIVE ARSON
1) A n y a m m u n i t i o n f a c t o r y a n d o t h e r
establishment where explosives,
inflammable or combustible materials are
stored
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation
of persons or property
4) Any church or place of worship or other
building where people usually assemble
5) Any building where evidence is kept for use
in any legislative, judicial, administrative or
other official proceeding
6) Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie
house or any similar place or building
7) Any building, whether used as a dwelling or
not, situated in a populated or congested
area
✍ ART. 317-SWINDLING A MINOR
ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor
2. That he induces such minor to assume an
obligation, or to give release, or to execute a
transfer of any property right
3. That the consideration is some loan of
money, credit, or other personal property
4. That the transaction is to the detriment of
such minor
✍ ART. 318- OTHER DECEITS
1) By defrauding or damaging another by any
other deceit not mentioned in the preceding
articles
2) By interpreting dreams, by making forecasts,
by telling fortunes, by taking advantage of
the credulity of the public in any other similar
manner, for profit or gain
OTHER CASES OF ARSON
1) Any building used as offices of the
Government or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel
4) Any plantation, farm, pasture land, growing
crop or grain field, orchard, bamboo grove or
forest
5) Any rice mill, sugar mill, cane mill or mill
central
6) Any railway or bus station, airport, wharf, or
warehouse
✍ ART 319- REMOVAL, SALE OR
PLEDGE OF MORTGAGED PROPERTY
ELEMENTS: (par 1)
1. personal property mortgaged under Chattel
Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any
province or city other than the one in which it
was located at the time of the execution of
the mortgage
4. Removal is permanent
5. No written consent of mortgagee, executors,
administrators or assigns to such removal
SPECIAL AGGRAVATING CIRCUMSTANCES
IN ARSON
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender be motivated by spite or
hatred towards the owner or occupant of the
property burned
4) If committed by a syndicate
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof
3. No consent of mortgagee written at the back
of mortgage and noted on the record thereof
in the Office of the Register of Deeds
➢ The offense is committed by a syndicate if it
is planned or carried out by a group of three
or more persons
➢ If a part of the building commences to burn,
the crime is consummated arson, however
small is the portion burned.
➢ Damage to the mortgagee not essential
✍
➢ When there is fire, the crime committed is
either frustrated or consummated arson,
never attempted.
ART. 320-326-b REPEALED BY PD 1613
PD 1613 – AMENDING THE LAW ON
ARSON
➢ Mere conspiracy to commit arson is
punishable.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
➢ Also applies to common-law spouses
✍ ART. 327 – MALICIOUS MISCHIEF
ELEMENTS:
1. That the offender deliberately caused
damage to the property of another
2. That such act does not constitute arson or
other crimes involving destruction
3. That the act of damaging another’s property
be committed merely for the sake of
damaging it
CRIMES AGAINST CHASTITY
(ARTS 333-343)
✍ ART. 333 – ADULTERY
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a man
not her husband
3. That as regards to the man with whom she
has sexual intercourse, he must know her to
be married
✍ ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (QUALIFIED)
1) Causing damage to or obstructing the
performance of public functions
2) Using poisonous or corrosive substances
3) Spreading any infection or contagion among
cattle
4) Causing damage to the 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
➢ The acquittal of one of the defendants does
not operate as a cause for acquittal of the
other
➢ The pardon must come before the institution
of the criminal prosecution
➢ The offended party must pardon both the
offenders
➢ Abandonment of the wife by the husband
without justification is only a mitigating
circumstance
✍ ART. 334 – CONCUBINAGE
ELEMENTS:
1. That the man must be married
2. That he committed any of the ff. acts:
a. keeping a mistress in the conjugal
dwelling.
b. having sexual intercourse under
scandalous circumstances with a
woman who is not his wife
c. cohabiting with her in any other place
3. As regards to the woman, she must know
him to be married
✍ ART. 329 – OTHER MISCHIEFS
Mischief not included in the next
preceding article
✍ ART. 330 – DAMAGE AND
OBSTRUCTION TO MEANS OF
COMMUNICATION
PERSONS LIABLE:
Any person who shall damage any
railway, telegraph or telephone lines
➢ The offense is qualified if the damage shall
result in the derailment of cars, collision or
other accident.
✍
✍ART 331- DESTROYING OR
DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
ART. 336- ACTS OF
LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness
2. That it is done under any of the ff.
circumstances
a. By using force or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
ART. 332 – PERSONS EXEMPT
FROM CRIMINAL LIABILITY
CRIMES INVOLVED:
1) Theft
2) Swindling
3) Malicious mischief
✍
✍ ART. 337- QUALIFIED SEDUCTION
Two classes
1) Seduction of a virgin over 12 years and
under 18 years of age by persons who
abuse their authority or the confidence
reposed
2) Seduction of a sister by her brother or
descendant by her ascendant, regardless of
her age and reputation
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or
relatives by affinity on the same line
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
to the possession of another
3) Brothers and sisters and brothers in law and
sisters in law, if living together
VIRGINITY - does not mean physical virginity.
The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
➢ Stepfather, adopted father, natural children,
concubine, paramour included
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. That the offended party must be a virgin
2. That she must be over 12 and under 18
years of age
3. That the taking away of the offended party
must be with her consent, after solicitation or
cajolery from the offender
4. That the taking away of the offended party
must be with lewd designs
✍ ART. 338 – SIMPLE SEDUCTION
ELEMENTS:
1. That the offended party is over 12 and under
18 years of age
2. That she must be of good reputation, single
or widow
3. That the offender has sexual intercourse
with her
4. That it is committed by means of deceit
➢ If girl is under 12 – ALWAYS FORCIBLE
ABDUCTION
✍ ART. 339 – ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY
ELEMENTS:
1. T h a t t h e o ff e n d e r c o m m i t s a c t s o f
lasciviousness or lewdness
2. That the acts are committed upon a woman
who is a virgin or a widow of good
reputation, under 18 years of age but over
12 years, or a sister or descendant
regardless of her reputation or age
3. That the offender accomplishes the acts by
abuse of authority, confidence, relationship
or deceit
✍ ART. 340 – CORRUPTION OF
MINORS (AS AMENDED BY BP 92)
CRIMES AGAINST CHASTITY WHERE AGE
AND REPUTATION OF THE VICTIM ARE
IMMATERIAL:
1) Acts of Lasciviousness against the will
of the offended party; or against a sister or
descendant
2) Qualified Seduction of sister or
descendant
3) Forcible Abduction
ART. 344 – PROSECUTION OF THE
CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1) Adultery and concubinage must be
prosecuted upon the complaint signed by the
offended spouse
2) Seduction, abduction and acts of
lasciviousness must be prosecuted upon the
complaint signed by
a. Offended party
b. Her parents
c. Grandparents
d. Guardians
in the order named above.
✍
➢ To promote or facilitate the prostitution or
corruption of persons under age to satisfy
the lust of another
RA 7610 - Child Prostitution and Attempt to
Commit Child Prostitution are punished under
this Act.
✍ ART. 341- WHITE SLAVE TRADE
PROHIBITED ACTS:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the
purpose of prostitution
➢ Pardon to adultery and concubinage may be
express or implied; whereas express pardon
of the offender is required to bar prosecution
for seduction, abduction, abduction, or acts
of lasciviousness
✍ ART. 342- FORCIBLE ABDUCTION
ELEMENTS:
1. That the person abducted is a woman
2. That the abduction is against her will
3. That the abduction is with lewd design
FORCIBLE
ABDUCTION
• With lewd design
➢ Condonation is not pardon in concubinage
or adultery – any subsequent act of the
offender showing that there was no
repentance will not bar the prosecution of
the offense
GRAVE COERCION/
KIDNAPPING
• No lewd design
➢ Pardon by the offended party who is a minor
must have the concurrence of parents –
except when the offended party has no
parents
➢ Conviction of acts of lasciviousness, not a
bar to conviction of forcible abduction
➢ Marriage of the offender with the offended
party benefits the co-principals, accomplices
and accessories EXCEPT in rape because it
is already a crime against person; marriage
obliterates criminal liability as to the
husband only
➢ Attempted Rape is absorbed by Forcible
Abduction as the former constitutes the
element of lewd design
✍ ART. 343- CONSENTED ABDUCTION
ELEMENTS:
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
b. The marriage was in disregard of a
legal impediment
c. The offender must not be guilty of
bigamy
ART. 345 – CIVIL LIABILITY OF
PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
PERSONS WHO ARE GUILTY OF RAPE,
SEDUCTION, OR ABDUCTION SHALL ALSO
BE SENTENCED:
1) To indemnify the offended woman
2) To acknowledge the offspring, unless the
law should prevent him from doing so
3) In every case to support the offspring
✍
Qualifying Circumstance - if either of the
contracting parties obtains the consent of the
other by means of violence, intimidation or fraud
✍ ART. 351- PREMATURE MARRIAGES
PERSONS LIABLE:
1) A widow who married within 301 days from
the date of the death of her husband, or
before having delivered if she is pregnant at
the time of his death
2) A woman whose marriage having been
annulled or dissolved, married before
delivery or before expiration of the period of
301 days after the date of legal separation
ART. 347 – SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR
ANOTHER, CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE
CHILD
Object of the crime under ART. 347 is
the creation of false or the causing of the loss of
civil status
✍ ART. 348 – USURPATION OF CIVIL
STATUS
➢ Usurping the civil status of another is
committed by assuming the filiation, or the
parental or conjugal rights of another with
intent to enjoy the rights arising from the civil
status of the latter.
✍
➢ Period may be disregarded if the first
husband was impotent or sterile
✍
ART. 352- PERFORMANCE OF
ILLEGAL MARRIAGES
➢ Priests, or ministers of any religious
denomination or sect, or civil authorities who
shall perform or authorize any legal
marriage ceremony
➢ Crime is qualified if the purpose is to defraud
offended parties and heirs
CRIMES AGAINST HONOR
(ARTS 355-364)
✍ ART. 353 LIBEL
ELEMENTS:
1. That there must be an imputation of a crime,
or a vice or defect, real or imaginary, or any
act, omission, condition, status or
circumstance
2. That the imputation must be made publicly
3. That it must be malicious
4. That the imputation must be directed at a
natural person or a juridical person, or one
who is dead.
5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the
person defamed.
ILLEGAL MARRIAGES
(ARTS 349-351)
✍
ART. 349 – BIGAMY
ELEMENTS:
1. That the offender is legally married
2. That the marriage has not been dissolved
or, in case the spouse is absent, the absent
spouse could not yet be presumed dead
according to the Civil Code
3. That he contracts a second marriage or
subsequent marriage
4. That the second or subsequent marriage
has all the essential requisites for validity
➢ A person convicted of bigamy may still be
prosecuted for concubinage.
2 TYPES OF MALICE:
1) malice in fact – shown by proof of illwill, hatred, or purpose to injure; also known
as EXPRESS MALICE
2) malice in law – presumed from
defamatory imputation; proof is not required
because it is presumed to exist from the
defamatory imputation;
➢ When the communication is PRIVILEGED,
malice is not presumed from the defamatory
words.
➢ The second spouse who knew of the first
marriage is an accomplice, as well as the
person who vouched for the capacity of
either of the contracting parties.
✍ ART. 350 – MARRIAGE
CONTRACTED AGAINST PROVISIONS
OF LAWS
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that --a. The requirements of the law were
not complied with; or
ART. 354 REQUIREMENT FOR
PUBLICITY
M A L I C E I N L AW – E v e r y d e f a m a t o r y
imputation is presumed to be malicious, even if it
✍
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
be true, if no good intention or justifiable motive
is shown.
✍ ART. 356 THREATENING TO
PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A
COMPENSATION
Prohibited acts:
1) Threatening another to publish a libel
concerning him, or his parents, spouse, child
or other members of the family
2) Offering to prevent the publication of such
libel for compensation or money
consideration
The PRESUMPTION is rebutted if it is shown
by the accused that –
a. The defamatory imputation, is true, in
case the law allows proof of the truth of
the imputation. (see Art. 361)
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following
cases:
1) Private communication made by any person
to another in the performance of any legal,
moral or social duty.
2) A fair and true report of any judicial,
legislative, or other proceedings which are
not of confidential nature;
3) Or of any statement, report, or speech
delivered in said proceedings, or of any
other act performed by public officers in the
exercise of their functions
FELONIES WHERE BLACKMAIL IS
POSSIBLE:
1) Light threats (283)
2) Threatening to publish, offering to prevent
the publication of a libel for compensation
(356)
✍ ART. 357 – PROHIBITED
PUBLICATION OF ACTS REFERRED TO
IN THE COURSE OF OFFICIAL
PROCEEDINGS
ELEMENTS:
1. The offender is a reporter, editor or manager
of a newspaper, daily or magazine
2. He publishes facts connected with the
private life of another
3. Such facts are offensive to the honor, virtue
and reputation of said person
✍ R.A. 4200-THE ANTI-WIRE TAPPING
ACT.
REPUBLIC ACT NO.4200
Section 1. Unlawful acts by any person or
participant, not authorized by all the parties to
any private communication or spoken word :
1. to tap any wire or cable
2. to use any other device or arrangement
3. to secretly overhear, intercept or record such
communication by using a device known as
dictaphone/ dictagraph/ detectaphone/
walkie-talkie/ tape-recorder
4. to knowingly possess any tape/wire or disc
record or copies of any communication or
spoken word
5. to replay the same for any person or
persons
6. to communicate the contents thereof,
verbally or in writing
7. to furnish transcriptions thereof, whether
complete or partial
EXCEPTION:
When a peace officer is authorized by
written order from the court
➢ Prohibition applies even if the facts are
involved in official proceedings.
➢ Source of news report may not be revealed
unless the court or a House or Committee
of Congress finds that such revelation is
demanded by the security of the State
✍ ART. 358 – SLANDER (oral
defamation)
KINDS:
1) Simple slander
2) Grave slander, when it is of a serious and
insulting nature
✍ ART. 359 SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not
included in any other crime against honor
2. That such act is performed in the presence
of other persons
3. That such act cast dishonor, discredit, or
contempt upon the offended party
➢ Any recording, communication or spoken
word obtained in violation of the provisions
of this Act - INADMISSIBLE IN EVIDENCE
IN ANY JUDICIAL, QUASI-JUDICIAL OR
A D M I N I S T R AT I V E H E A R I N G O R
INVESTIGATION.
✍
ART. 355 – LIBEL BY MEANS OF
WRITINGS OR SIMILAR MEANS
Common element of Slander by deed and
Unjust Vexation – Irritation or Annoyance;
Without any other concurring factor, it is only
Unjust Vexation; If the purpose is to shame or
humiliate, Slander by deed.
Committed by means of: 1) writing 2)
printing 3) lithography 4) engraving 5) radio 6)
phonograph 7) painting 8) theatrical exhibition 9)
cinematographic exhibitions 10) similar means
✍ ART 360 PERSONS RESPONSIBLE
FOR LIBEL
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1) Any person who shall publish, exhibit or
cause the publication or exhibition of any
defamation in writing or by similar means
2) The author, editor of the book or pamphlet
3) Editor, Business manager of newspaper or
magazine, responsible to the same extent
as if he were the author
4) Owner of the printing plant which publishes
the libelous article and all other persons who
in any way participate
✍ ART. 364 INTRIGUING AGAINST
HONOR
Committed by any person who shall
make any intrigue which has for its principal
purpose to blemish the honor or reputation of
another.
✍ ART. 365 – IMPRUDENCE AND
NEGLIGENCE
ELEMENTS (RECKLESS IMPRUDENCE):
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act
is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution
on the part of the person performing or
failing to perform such act taking into
consideration - - a) Employment or occupation.
b) Degree of intelligence, physical
condition.
c) And other circumstances regarding
persons, time and place.
✍ ART. 361 PROOF OF TRUTH
WHEN PROOF OF THE TRUTH IS
ADMISSIBLE IN A CHARGE FOR LIBEL:
1. When the act or omission imputed
constitutes a crime regardless of whether the
offended party is a private individual or a
public officer.
2. When the offended party is a Government
employee, even if the imputation does not
constitute a crime, provided it is related to the
discharge of his official duties.
Defense in defamation:
1. It appears that the matters charged as
libelous is true
2. It was published with good motives
3. And for a justifiable end
ELEMENTS (SIMPLE IMPRUDENCE):
1) That there is lack of precaution on the
part of the offender.
2) That the damage impending to be
caused is not immediate nor the danger
clearly manifest.
✍ ART. 363 – INCRIMINATING
INNOCENT PERSONS
ELEMENTS:
1. That the offender performs an act
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime
3. That such act does not constitute perjury
INCRIMINATING
INNOCENT
PERSONS
PERJURY BY
MAKING FALSE
ACCUSATIONS
• Limited to the act of
planting evidence and
the like in order to
incriminate an
innocent person
• Giving of false
statement under oath
or making a false
affidavit, imputing to
the person the
commission of a
crime
INCRIMINATING
INNOCENT
PERSONS
DEFAMATION
• Offender does not
avail himself of written
or spoken words in
besmirching the
victim’s reputation
• Imputation is public
and malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party
➢ Art 64 relative to mitigating and aggravating
circumstances not applicable to crimes
committed through negligence
THE PENALTIES PROVIDED FOR IN ARTICLE
365 ARE NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal
to or lower than those provided in the first
two paragraphs of Art 365
b) by imprudence or negligence, and with
violation of the Automobile Law, the death of
a person shall be caused
QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to
the injured parties
- END OF BOOK TWO-
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di