CRIM CRAM NOTES
TABLE OF ELEMENTS
Note: This is just cram notes. Includes: elements and enumerations in Book I, II, and Special Penal laws and related notes. Not all SPLs
and concepts are included; only slight proofreading was made so use with discretion.
BOOK I
Criminal Law, Defined
Branch or division of law which:
(1) Defines crimes;
(2) Treats of their nature; and
(3) Provides for their punishment.
Characteristics of
Criminal Law
(1)
General – Criminal law is binding on all persons who live or sojourn in Philippine territory
(Art.
14, NCC);
(2)
Territorial – Criminal laws undertake to punish crimes committed within Philippine
territory. As a rule, penal laws of the Philippines are enforceable only within its territory;
(3)
Prospective – A penal law cannot make an act punishable in a manner in which it was
not punishable when committed.
Article 2
Application of its
Provisions
Cases where the provisions of the RPC is applicable even if the felony is committed outside the
Philippines:
(1)
When the offender should commit an offense while on a Philippine ship or airship;
(2)
When the offender should forge or counterfeit any coin or currency note of the
Philippines or obligations or securities issued by the Government;
(3)
When the offender should be liable for acts connected with the introduction into the
Philippines of the “obligations and securities” mentioned in the “preceding number;
(4)
When the offender, while being a public officer or employee, should commit an offense
in the exercise of this functions *;
(5)
When the offender should commit any of the crimes against the national security and the
law of nations.**
* See Arts. 210, 211, 213, 216, 217, 218, 220, 221, 171 **
See Arts 114 – 122
Article 3 Felonies
Dolo
Culpa
(1)
That there must be an act or omission;
(2)
That the act must be punishable by the Revised Penal Code;
(3)
That the act is performed or the omission incurred by means of dolo (intentional felony)
or culpa (culpable felony).
(1) Freedom while doing an act or omitting to do an act; (2)
Intelligence while doing the act or omitting to do the act;
(3) Intent while doing the act or omitting to do the act.
(1) Freedom while doing an act or omitting to do an act;
(2) Intelligence while doing the act or omitting to do the act;
(3) He is imprudent, negligent, lacks foresight or skill while doing the act or omitting to do the act.
1
Mistake of Fact
(1)
That the act done would have been lawful had the facts been as the accused believed
them to be;
(2)
That the intention of the accused in performing the act should be lawful;
(3)
That the mistake must be without fault or carelessness on the part of the accused.
Note:
Honest mistake of fact destroys the presumption of criminal intent which arises upon the
commission of a felonious act.
Article 4
Consequences of
Intentional Criminal
Acts
Under paragraph 1, Article 4, a person committing a felony is still criminally liable even if:
(1) Error in personae – there is a mistake in the identity of the victim;
(2) Aberratio Ictus – there is mistake in the blow;
(3) Praeter intentionem – the injurious result is greater than that intended.
Elements:
(1)
An intentional felony has been committed;
(2)
Wrong done to the aggrieved party be the direct, natural, and logical consequence of the
felony committed by the offender.
Proximate Cause
Death of the victim is presumed to be the natural consequence of the physical injuries inflicted
when the following facts are established:
(1) Victim was in normal health at the time the physical injuries were inflicted; (2)
Death may be expected from the physical injuries inflicted; and
(3) That death ensued within a reasonable time.
There is no proximate cause when:
(1) There is active force that intervened between the felony committed and the resulting injury, and
the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or
(2) The resulting injury is due to the intentional act of the victim.
Impossible Crime
Attempted Felony
(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 either
inadequate or ineffectual; and
(4)
That the act performed should not constitute a violation of another provision of the
Revised Penal Code.
(1)
The offender commences the 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 is not stopped by his own spontaneous desistance; and
(4)
The non-performance of all acts of execution was due to cause or accident other than
his spontaneous desistance.
Note:
If the overt act cannot show the intent, it could be an indeterminate offense (e.g., trespass to
dwelling)
2
Frustrated Felony
(1) The offender performs all the acts of the 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.
Note:
When there is anything yet remained for him to do, he has not yet performed all the acts of
execution; only attempted if he desisted.
Consummated Felony
When all the elements necessary for its execution and accomplishment are present.
Note:
If a felony has 2 or more elements and one of them is not proved during the trial, either:
(1) the felony is not shown to have been consummated; (2)
the felony is not shown to have been committed; or
(3) another felony is shown to have been committed.
Article 8
Conspiracy to commit
felony
Article 8
Proposal to commit
felony
Article 9 Grave
felonies
Article 9 Less
Grave felonies
Article 9 Light
Felonies
(1) Two or more persons came to an agreement;
(2) That the agreement concerned the commission of a felony;
(3) That the execution of the felony be decided upon.
(1) That a person decided to commit a felony;
(2) That he proposes its execution to some other person or persons.
Those:
(1) Which the law attaches the capital punishment; or
(2) Which in any of their periods are afflictive.
Those:
(1) Which the law punishes with penalties which in their maximum period are correctional
Those infractions of the law:
(1) The commission of which the penalty of arresto menor; or
(2) A fine not exceeding 40,000 pesos, or
(3) Both, is provided
3
Suppletory
Application of the
RPC
Article 11
Paragraph 1
Self-Defense
Battered Woman
Syndrome
Following provisions of RPC are applied suppletory to offenses under special laws:
(1) Subsidiary penalty in case of insolvency;
(2) Civil Liability (Art. 100);
(3) Rules on Service of Sentence;
(4) Definition on Principals, Accomplices, and Accessories;
(5) Principle of conspiracy.
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to prevent or repel it;
(3) Lack of sufficient provocation on the part of the person defending himself.
Cycle of violence:
(1) Tension-building phase;
(2) Acute battering incident; and
(3) Tranquil, loving (nonviolent phase)
Note:
The couple must go through the battering cycle twice to be considered as a battered woman
(People v. Genosa).
Article 11
Paragraph 2
Defense of relatives
(1)
Unlawful aggression;
(2)
Reasonable necessity of the means employed to prevent or repel it;
(3)
In case the provocation was given by the person attacked, that the one making defense
had no part therein.
Relatives that can be defended:*
(1) Spouse;
(2) Ascendants;
(3) Descendants;
(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.
* If not within the enumeration, could be defense of strangers
Article 11
Paragraph 3
Defense of a Stranger
Article 11
Paragraph 4
State of Necessity
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to prevent or repel it;
(3) The person defending be not induced by revenge, resentment, or other evil motive.
(1) Evil sought to be avoided actually exists;
(2) That the injury feared be greater than that done to avoid it;
(3) That there be no other practical and less harmful means of preventing it.
Note:
There is civil liability under this paragraph.
4
(1) That the accused acted in the performance of a duty or in the lawful exercise of a right or office;
Article 11
(2) That the injury caused or the offense committed be the necessary consequence of the due
Paragraph 5
Fulfillment of duty or performance of duty or the lawful exercise of such right or office.
lawful exercise of right
or office
Article 11
Paragraph 6
Obedience to an order
issued for some
lawful purpose
Article 12
Paragraph 1
Insanity or Imbecility
(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.
Insanity – complete deprivation of intelligence in committing the act, i.e., deprived of reason, acts
with the least discernment because there is a complete absence of the power to discern, or that
there is total deprivation of freedom of the will.
Imbecility – has mental development comparable to that of children between two and seven years
of age.
Note:
While imbecile is exempt in all cases from criminal liability, the insane is not so exempt if it can be
shown that he acted during a lucid interval.
Periods of criminal
responsibility
(RA 9344)
Article 12
Paragraph 4 Accident
Article 12
Paragraph 5
Compulsion of
Irresistible Force
(1)
Absolute irresponsibility – 15 years old and below;
(2)
Conditional responsibility – 15 years and 1 day to 18 years;
(3)
Full responsibility – 18 years or over to 70 years;
(4)
Mitigated responsibility – 15 years and 1 day to 18 years, offender acting with
discernment; over 70 years of age.
(1) A person is performing a lawful act;
(2) With due care;
(3) He causes an injury to another by mere accident;
(4) Without fault or intention of causing it.
(1) That the compulsion is by means of physical force;
(2) Physical force must be irresistible;
(3) Physical force must come from a third person.
Article 12 Paragraph
6
(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;
Impulse of
Uncontrollable Fear
(2) That it promises an evil of such gravity and imminence that the ordinary man would have
succumb to it.
Other elements:
(1) Existence of an uncontrollable fear;
(2) The fear must be real and imminent; and
(3) The fear of an injury Is greater than, or at least equal to that committed (People v. Petenia).
5
Article 12
Paragraph 7
Lawful or Insuperable
Cause
Other absolutory
causes
Article 13
Mitigating
Circumstances
Article 13
Paragraph 4
Provocation
Article 13
Paragraph 5
Vindication of a grave
offense
(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.
(1)
Spontaneous desistance during attempted stage (Art. 6);
(2)
Light felony is only attempted or frustrated, and is not against persons or property (Art.
7);
(3)
Accessory is relative of the principal (Art. 20);
(4)
Legal grounds for arbitrary detention and trespass (Arts 124, 280);
(5)
Theft, swindling, or malicious mischief committed against a relative (Art. 332);
(6)
Exceptional circumstances under Art. 247, when only slight or less serious physical
injuries are inflicted;
(7)
Marriage of the offender with the offended party on crimes in rape, abduction, seduction,
or acts of lasciviousness (Art. 344);
(8)
Instigation
(1)
Incomplete self-defense
(2)
That the offender is under eighteen year of age or over seventy years;
(3)
That the offender had no intention to commit so grave a wrong as that committed;
(4)
Sufficient provocation or threat on the part of the offended party immediately preceded
the act; (5) Immediate vindication of a grave offense to the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity within the same degrees;
(6) Passion or obfuscation;
(7) Voluntary surrender;
(8)
That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow beings;
(9)
Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of the consciousness of his acts;
(10)
Other similar or analogous circumstances
(1)
That the provocation be sufficient;
(2)
That it must originate from the offended party; and
(3)
That the provocation must be immediate to the act, i.e., to the commission of the crime
by the person who is provoked.
(1)
That there be a grave offense to the 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.
Note:
A lapse of time is allowed between the vindication and the doing of the grave offense provided the
influence of the grave offense lasted until the moment the crime was committed.
Article 13
Paragraph 6
Passion or
Obfuscation
(1) That the accused acted upon an impulse;
(2) That the impulse must be so powerful that it naturally produced passion or obfuscation in him.
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Article 13
Paragraph 7
Voluntary Surrender
First circumstance: Voluntary surrender
(1) 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.
Second circumstance: Plea of guilty
(1) That the offender spontaneously confessed his guilt;
(2) Plea was made in open court, i.e., 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.
Article 13
Paragraph 9
Diminished exercise
of will-power
Aggravating
Circumstances
(1) That the illness of the offender must diminish the exercise of his will-power;
(2) That such illness should not deprive the offender of the consciousness of his acts.
(1)
That advantage be taken by the offender of his public position;
(2)
Committed in contempt or with insult to the public authorities;
(3)
That the act be committed with insult or in disregard of the respect due the offended party
on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if
the latter has not given provocation.
(4)
That the act be committed with abuse of confidence or obvious ungratefulness.
(5)
That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place dedicated to
religious worship.
(6)
That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
(7)
Committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
(8)
That the crime be committed with the aid of armed men or persons who insure or afford
impunity;
(9)
That the accused is a recidivist;
(10)
That the offender has been previously punished by an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty;
(11)
That the crime be committed in consideration of a price, reward, or promise;
(12)
That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel or international damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin;
(13)
Evident premeditation;
(14)
That the craft, fraud or disguise be employed.chanrobles virtual law library
(15)
Abuse of superior strength, or means be employed to weaken the defense;
(16)
Treachery;
(17)
Ignominy
(18)
That the crime be committed after an unlawful entry;
(19)
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken;
(20)
That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by
RA 5438).
(21)
That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.
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Article 14
Paragraph 2
In contempt or with
insult to public
authorities
Article 14
Paragraph 4
Abuse of Confidence
and Obvious
Ungratefulness
(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.
Abuse of Confidence
(1) Offended party had trusted the offender;
(2) Offender abused such trust by committing a crime against the offended party;
(3) That the abuse of confidence facilitated the commission of the crime.
Obvious Ungratefulness
Ungratefulness which is manifest and clear.
Article 14
Paragraph 6
Nighttime, by a band,
or in an uninhabited
place
Nighttime is aggravating when:
(1)
When it facilitated the commission of the crime;
(2)
When 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.
Uninhabited place:
(1) No houses at all;
(2) A place at a considerable distance from town; or
(3) Where the houses are scattered at a great distance from each other.
Band:
When more than three armed malefactors shall have acted together in the commission of the
offense
(1) Armed men or persons took part in the commission of the crime, directly or indirectly;
Article 14
(2) Accused availed himself of their aid or relied upon them when the crime was committed.
Paragraph 8
With aid of armed men
or persons who insure
or afford impunity
Article 14
Paragraph 9
Recidivism
Article 14
Paragraph 10
Reiteracion
Article 14
Paragraph 13
Evident Premeditation
(1) 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.
(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; and
(3)
That he is convicted of the new offense.
(1)
Time when the offender determined to commit the crime;
(2)
Act manifestly indicating that the culprit has clung to his determination;
(3)
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.
8
Article 14
Paragraph 14
Craft, Fraud, or
Disguise
Article 14
Paragraph 16
Treachery
(1)
Craft – involves intellectual trickery and cunning on the part of the accused;
(2)
Fraud – Insidious words or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design; (3) Disguise – resorting to any device to
conceal identity
Rules:
(1) Applicably only to crimes against persons;
(2) Means, methods, or forms need not insure accomplishment of crime;
(3) Mode of attach must be consciously adopted.
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 attack
employed by him.
Article 14
Paragraph 17
Ignominy
Article 14
Paragraph 21 Cruelty
Circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury
caused by the crime.
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.
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.
Relationship
Mitigating:
Relationship is mitigating in crimes against property
Exempting:
Liability shall result from commission of the crime of theft, swindling, or malicious mischief
committed by spouse, ascendants, descendants, or relatives by affinity in the same line, brothers
and sisters and brothers-in-law and sisters-in-law, if living together (Art. 332).
Aggravating:
In crimes against persons in cases where the offended party is a relative of a higher
degree than the offender, or when the offender and the offended party are relatives of the same
level, as killing a brother.
In serious physical injuries, even if the offended party is a descendant of the offender.
In homicide or murder, relationship is aggravating even if the victim is a relative of lower
degree.
Intoxication
Mitigating:
Intoxication is not habitual, or if intoxication is not subsequent to the plan to commit a felony.
Additional requisite is that, at the time of the commission of the criminal act, he has taken such
quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control.
Aggravating:
Intoxication is habitual, or if it is intentional (i.e., subsequent to a plan to commit felony).
9
Instruction or
Education
Mitigating:
Applies to one who really has not received any instruction; lack of sufficient intelligence that he does
not fully realize the consequences of his criminal act.
Except:
(1) Crimes against property;
(2) Chastity;
(3) Treason;
(4) Murder
Aggravating:
When the offender availed himself or took advantage of his high degree of instruction in committing
the crime.
Article 17 Principals
(1) By direct participation
Two or more offenders as principals by direct participation:
(a)
Participated in criminal resolution;
(b)
Carried out their plan and personally took part in its execution by acts which directly
tended to the same end.
(2) By inducement
(a)
That the inducement be made directly with the intention of procuring the commission of
the crime;
(b)
That such inducement be the determining cause of the commission of the crime by the
material executor.
Words of command, when considered as inducement:
(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 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.
(3) By indispensable cooperation
(1)
Participation in the criminal resolution, i.e., there is anterior conspiracy or unity of criminal
purpose and intention; and
(2)
Cooperation in the commission of the offense by performing another act, without which it
would not have been accomplished.
Article 18
Accomplice
(1)
That there be community of design, i.e., knowing the criminal design of the principal by
direct participation, he concurs with the latter in his purpose;
(2)
That he cooperates in the execution of the offense by previous or simultaneous acts, with
the intention of supplying material or moral aid in the execution of the crime in an efficacious way;
and (3) That there be a relation between the acts done by the principal and those attributed to the
person charged as accomplice.
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Article 19 Accessories
Considered as accessories:
(1) By profiting themselves or assisting the offender to profit by the effects of the crime;
(2) Concealing or destroying the body of the crime or the effects or instruments thereof, in order
to prevent its discovery;
(3) By harboring, concealing, or assisting in the escape of the principal of the crime. (a) Public
officers Requisites:
(i) That the accessory is a public officer;
(ii) He harbors, conceals, or assists in the escape of the principal;
(iii) The public officer acts with abuse of his public functions; and
(iv) The crime committed by the principal is any crime, provided it is not a light felony.
(b) Private Persons Requisites:
(i)
That the accessory is a private person;
(ii)
That he harbors, conceals, or assists in the escape of the author of the crime; and
(iii)
That the crime be committed y the principal is either treason, parricide, murder, an
attempt against the life of the President, or that the principal is known to be habitually guilty of
some other crime.
Principals related to the accessories exempt from criminal liability: The
principal is his:
(1)
spouse; or
(2)
ascendant; or
(3)
descendant; or
(4)
legitimate, natural or adopted brother, sister or relative by affinity within the same
degree. (Art. 20)
Exception:
Accessory under paragraph 1, Art. 19
Article 24
Measures of
Prevention not
considered penalties
Article 25, 27
Penalties which may
be imposed
Article 40-44
Accessory Penalties
Not considered as penalties:
(1)
The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
(2)
The commitment of a minor to any of the institutions mentioned in Article 80 and for the
purposes specified therein.
(3)
Suspension from the employment of public office during the trial or in order to institute
proceedings.
(4)
Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates.
(5)
Deprivation of rights and the reparations which the civil laws may establish in penal form.
(1) Capital punishment:
Death
Dead na sya forever
If not carried out by reason
of commutation of pardon:
(1) Perpetual absolute
disqualification
(2) Civil interdiction during 30
years following date of
sentence
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2) Afflictive penalties:
- Reclusion perpetua,
- Reclusion temporal
- Perpetual
or
temporary
absolute disqualification,
- Perpetual
or
temporary
special disqualification,
- Prision mayor
20y 1d to 40y
12y 1d to 20y
6y 1d to 12y
RP
(1) Civil interdiction for life; (2)
Perpetual absolute
disqualification;
RT
(1)
Civil interdiction during
sentence;
(2)
Perpetual absolute
disqualification
PM
(1)
Temporary absolute
disqualification;
(2)
Perpetual special
disqualification form suffrage
(3) Correctional penalties:
- Prision correccional,
-Suspension,*
Destierro.
- Arresto mayor
-
6 mos 1d to 6y
- 1mo 1d to 6mos
Arresto
(1)
Suspension of right to
hold office
(2)
Suspension of right of
suffrage during the term of
sentence
* if suspension is imposed as an
accessory penalty, the period attaches
to the principal
(4) Light penalties:
Arresto
menor,
Public censure.
Article 28
Computation of
Penalties
PC
(1) Suspension from public
office, profession or calling;
(2) Perpetual special
disqualification from suffrage if
duration exceeds 18 months
- 1d to 30d
Rules for computation of penalties:
(1) If the offender shall be in prison - the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall have become final.
(2)
If the offender be not in prison - the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender is placed at the disposal of
the judicial authorities for the enforcement of the penalty.
(3)
Other penalties - computed only from the day on which the defendant commences to
serve his sentence.
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Article 36 Pardon
Effects of pardon by the President:
(1) 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) Shall not exempt the culprit from the payment of the civil indemnity.
Limitations:
(1) Pardon can be exercised only after conviction;
(2) Such power does not extend to cases of impeachment.
Article 38 Pecuniary
Liabilities
Application of property of offender should it be not sufficient for payment of pecuniary liabilities:
(1) Reparation of damage caused;
(2) Indemnification of the consequential damages;
(3) Fine;
(4) Cost of proceedings.
Article 39 Subsidiary
Penalty
Rules:
(1)
If penalty is prison correctional or arresto or fine – subsidiary imprisonment not exceed
1/3 of the term of the sentence, and in no case to continue for more than 1 year;
(2)
When penalty is fine only – imprisonment not to exceed 6 months for grave or less grae
felonies, or 15 days for light felony;
(3)
When penalty imposed is higher than prision correccional – no subsidiary imprisonment;
(4)
If penalty imposed is not executed by confinement, but of fixed duration – subsidiary
penalty consist in same deprivations as those of principal penalty, under Rules (1), (2), and (3);
(5)
In case financial circumstances of the convict should improve, he shall pay the fine,
notwithstanding suffered subsidiary personal liability therefor.
Notes:
The subsidiary penalty is at the rate of one day for each amount equivalent to the highest minimum
wage prevailing (RA 10951); only applicable if property insufficient for payment of FINES.
Article 48
Complex Crimes
Kinds of complex crimes:
(1) Two or more grave or less grave felonies (compound crime) Elements:
(a) That only single act is performed by the offender; (b)
That the single act produces:
(i)
two or more grave felonies;
(ii)
one or more grave felonies and one ore more less grave felonies; (iii) two or
more less grave felonies.
(2) When an offense is a necessary means for committing the other (complex crime proper) (a)
at least two offenses are committed;
(b) That one or some of the offenses must be necessary to commit the other; (c)
That both or all the offenses must be punished under the same statute.
Article 62
Rules on attendant
mitigating or
aggravating
circumstances
Rules:
(1) Aggravating circumstances not to be taken into the account to increase the penalty: (a)
Those which in themselves constitute a crime; (b) Which are included by law in defining
a crime.
(2) Maximum of the penalty shall be imposed in the ff cases:
(a) Advantage was taken by the offender of his public position;
(b) Committed by any person who belongs to an organized/syndicated crime group.
(3) Aggravating circumstances which are inherent in the crime will not increase the penalty.
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(4)
Aggravating/mitigating circumstances which arise from (a) moral attributes of the
offender, (b) private relations with offended party, or (c) from any personal cause, shall only
aggravate or mitigate the liability of the principals, accomplices, or accessories as to whom such
circumstances are attendant.
(5)
Circumstances which consist in (a) material execution of the act, or (b) means employed
to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their cooperation therein.
Article 62 Habitual
Delinquent
(1) That the offender had been convicted of any of the crimes of: (a)
Serious PI;
(b) robbery;
(c) theft;
(d) estafa; or
(e) falsification;
(2)
That after conviction or after serving his sentence, he again committed, and within 10
years from release or first conviction, was again convicted of any of the said crimes for the second
time; and
(3)
After conviction or after serving sentence for the second offense, again committed, and
within 10 years from his last release or last conviction, was again convicted of the said offenses,
the third time or oftener.
Indeterminate
Sentence Law
Application:
(1) Revised Penal Code:
The court shall sentence the accused to an indeterminate sentence the MAXIMUM TERM of
which shall be that which, in view of the attending circumstances, could be properly imposed under
the Code, and the MINIMUM TERM which shall be within the range of the penalty next lower in
degree to that prescribed by the Code for the offense.
(2) Special Laws:
The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM of
which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
MINIMUM TERM prescribed by the same.
Not applicable to:
(1)
Convicted of offenses punished with death or life imprisonment;
(2)
Those convicted of treason, conspiracy or proposal to commit treason, misprision of
treason, rebellion, sedition or espionage, or piracy.
(3)
Those who are habitual delinquents.*;
(4)
Those who shall have escaped from confinement or evaded sentence.
(5)
Those who having been granted conditional pardon by the President shall have violated
the terms thereof.
(6)
Those whose maximum period of imprisonment does not exceed one year.**
(7)
Those already serving final judgment upon the approval of this Act (December 5, 1933);
(8)
Those sentenced to the penalty of destierro or suspension.
* Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla)
** The application of which is based upon the penalty actually imposed in accordance with law. (People v.
Hidalgo)
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Probation Law
Conditions:
(1)
Present 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 the order;
(2)
report to the probation officer at least once a month at such time and place as specified
by said officers.
Disqualified:
(1)
Sentenced to serve a maximum term of imprisonment of more than 6 years;
(2)
Convicted of any crime against the national security (treason, espionage, piracy, etc.) or
the public order (rebellion, sedition, direct assault, resistance, etc.);
(3)
Who have been previously convicted by final judgment of an offense punished by
imprisonment of not less than 6 months and 1 day and/or a fine not more than P1,000 (amended
by RA 10707);
(4) Who have been once on probation.
(5) Who are already serving sentence at the time of the effectivity of the Decree.
Article 89 Total
extinction
Article 90 Prescription
of Crime
(1)
By the death of the convict, as to the personal penalties and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final judgment.
(2)
By service of the sentence;
(3)
By amnesty, which completely extinguishes the penalty and all its effects;
(4)
By absolute pardon;
(5)
By prescription of the crime;
(6)
By prescription of the penalty;
(7)
By the marriage of the offended woman, as provided in Article 344 of this Code.
(1) Punishable by death, RP, RT – 20 years;
(2) Other afflictive penalties – 15 years;
(3) Correctional penalties – 10 years
(4) Arresto Mayor – 5 years;
(5) Libel and similar offenses – 1 year;
(6) Oral defamation and slander by deed – 6 months;
(7) Light offenses – 2 months;
Note:
If penalty is compound one, highest penalty is basis
Article 91
Computation of
Prescription
The period of prescription shall commence to run:
(1) from the day on which the crime is discovered by the offended party, the authorities, or their
agents
Shall be interrupted:
(1) by the filing of the complaint or information,
Shall commence to run again when:
(1) such proceedings terminate without the accused being convicted or acquitted, or
(2) are unjustifiably stopped for any reason not imputable to him.
Note:
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
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Article 92
Prescription of
Penalty
(1)
Death and reclusion perpetua – 20 years;
(2)
Other afflictive penalties – 15 years;
(3)
Correctional penalties – 10 years; (4) Arresto mayor – 5 years;
(5) Light penalties – 1 year.
Article 93
Computation of
Prescription of
Penalties
Elements, prescription
(1) Penalty imposed by final sentence;
(2) Convict evaded the service of sentence by escaping during the term of the sentence;
(3) Convict who escaped from prison:
(a)
has not given himself up;
(b)
has not been captured; or
(c)
gone to a foreign country with which we have no extradition treaty; or (d) committed
another crime;
(4) Penalty has prescribed, because of the lapse of time from the date of the evasion of the service
of sentence by the convict.
Article 102
Subsidiary liability of
innkeepers,
tavernkeepers, and
proprietors of
establishments
First paragraph:
(1)
That 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; and
(3)
That the person criminally liable is insolvent
Note: The innkeeper, tavernkeeper, or proprietor is subsidiarily liable.
Second paragraph:
(1)
The guests notified in advance the innkeeper or the person representing him of the deposit
of their goods within the inn or house;
(2)
Guests followed the directions of the innkeeper or his representative with respect to care
of and vigilance over such goods;
(3)
Such goods of guests lodging therein were taken by robbery with force upon things or theft
committed within the inn or house.
Note: The innkeeper is subsidiarily liable for the restitution of the thing taken.
Article 103 Subsidiary
civil liability of other
persons
Article 104
Included in Civil
Liability
(1)
The employer, teacher, person, or corporation is engaged in any kind of industry;
(2)
Any of their servants, pupils, workmen, apprentices, or employees commits a felony
while in the discharge of duties;
(3)
Said employee is insolvent and has not satisfied his civil liability.
(1)
Restitution – thing itself must be returned whenever possible, with allowance for any
deterioration or diminution
(2)
Reparation – When stolen property cannot be returned, he will be required to pay the
actual price of the thing + sentimental value to its owner;
(3)
Indemnification for consequential damages – Remedy granted usually to victims of crimes
against persons, for injury caused to injured property and those suffered by the family or by third
person by reason of the crime.
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Article 112
Extinction of Civil
Liability
Civil liability is extinguished by:
(1) Payment or performance;
(2) Loss of thing due;
(3) Condonation or remission of debt;
(4) Confusion or merger of the rights of creditor and debtor;
(5) Compensation;
(6) Novation
BOOK II and SPECIAL PENAL LAWS
Article 114 Treason
Article 115
Conspiracy To
Commit Treason
(1) Offender is a Filipino citizen or resident alien; (2)
There is a war in which the Philippines is involved;
(3) Offender either:
(a) levies war against the government or
(b) adheres to her enemies, giving them aid or comfort.
Conspiracy
(1) There is war in which the Philippines is involved; (2)
At least two (2) persons come to an agreement to:
(a) levy war against the government or
(b) adhere to the enemies, giving them aid or comfort;
(3) They decide to commit it.
Proposal
(1) There is war in which the Philippines is involved;
(2) At least one person decides to:
(a) levy war against the government or
(b) adhere to the enemies, giving them aid or comfort;
(3) He proposes its execution to some other persons.
Article 116 Misprision
Of Treason
(1)
Offender owes allegiance to the Government, and is not a
foreigner;
(2)
He has knowledge of conspiracy to commit treason
against the Government;
(3)
He conceals or does not disciose and make known the
same as soon as possible to the governor or fiscal of the province,
or tile mayor or fiscal of the city in which he resides.
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Article 117 Espionage
First act: Entering/ without authority therefor, a warship/ foft or naval or military establishment or
reservation to obtain any information plans, photographs/ or other data of a confidential nature
relative to the defense of the Philippines.
(1) Offender enters any of the places mentioned;
(2) He has no authority therefor;
(3) His purpose is to obtain any information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippines.
Second act: Disclosing to the representative of a foreign nation the contents of the articles/ data/
or information referred to in paragraph 1 of Article 117; which he has in possession by reason of
the public office he holds:
(1) Offender is a public officer;
(2) He has in his possession the articles, data, or information
referred to in paragraph 1 of Article 117, by reason of the
public office he holds;
(3) He discloses their contents to a representative of a
foreign nation.
CA 616 (in relation to
Article 117)
Acts Punished:
(1) Unlawfully obtaining or permitting to be obtained information affecting national defense;
(2) Unlawful disclosing information affecting national defense;
(3) Disloyal acts or works in time of peace;
(4) Disloyal acts or words in time of war;
(5) Conspiracy to violate preceding section;
(6) Harboring or concealing violators of the law;
(7)
Using or permitting or procures the use of an aircraft for the purpose of making a
photograph, sketch, picture, drawing, map, or graphical representation of vital military, naval or air
installations or equipment of the AFP;
(8)
Reproducing, publishing, selling, etc., of uncensored copies of photograph, sketch of the
vital military, naval, or air post, camp or station, without the permission of the commanding officer;
(9) Injuring or destroying or attempting to injure ore destroy war materials, premises, or war utilities
when the Philippines is at war;
(10)
Making or causing war materials to be made in a defective manner when the Philippines
is at war;
(11)
Injuring or destroying national defense material, premises, or utilities;
(12)
Making or causing to be made in a defective manner, national defense material.
Article 118
Inciting to War or
Giving Motives for
Reprisals
(1) Offender performs unlawful or unauthorized acts;
(2) The acts provoke or give occasion for(a) a war involving or liable to involve the Philippines; or
b) exposure of Fiiipino citizens to reprisals on their
persons or property.
Qualifying Circumstance:
If the offender is a public individual
Article 119 Violation
of Neutrality
(1) There is a war in which the Philippines is not involved;
(2) There is a regulation issued by a competent authority to enforce neutrality;
(3) Offender violates the regulation.
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Article 120
Correspondence with
Hostile Country
(1) It is in time of war in which the Philippines is involved;
(2) Offender makes correspondence with an enemy country or territory occupied by enemy
troops;
(3) The correspondence is either:
(a) prohibited by the Government;
(b) carried on in ciphers or conventional signs; or
(c) containing notice or information which might be used to the enemy.
Qualifying Circumstance of (3)(c):
If the offender intended to aid the enemy by giving such notice or information
Article 121 Flight
to Enemy’s
Country
Article 122
Piracy in General and
Mutiny on the High
Seas
Article 123 Qualified
Piracy
RA 6235 AntiHijacking Law
(1) There is war in which the Philippines is involved;
(2) Offender must be owing allegiance to the Government;
(3) Offender attempts to flee or go to an enemy country;
(4) Going to the enemy country is prohibited by competent authority.
(1) The vessel is on high seas or Philippine waters;
(2) Offenders are neither members of its complement nor passengers of the vessel;
(3) Offenders either:
(a) attack or seize a vessel on the high seas or in Philippine waters;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or passengers.
(4) There is intent to gain.
(1)
(2)
(3)
The vessel is on high seas or Philippine waters;
Offenders are neither members of its complement nor passengers of the vessel;
Offenders either:
(a) attack or seize a vessel on the high seas or in Philippine waters;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or passengers.
(4)
The preceding were committed under any of the following circumstances:
(a) whenever they have seized a vessel by boarding or firing upon the same;
(b) whenever the pirates have abandoned their victims without means of saving themselves;
or
(c) whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
Acts Punished:
(1)
Compelling the pilot to change in the course or destination of an aircraft of the Philippine
registry or to seize or usurp control thereof, while it is in flight;*
(2)
To ship, load, or carry in any passenger aircraft operating as a public utility within the
Philippines, any explosive, flammable, corrosive, or poisonous substance or material.
* Qualifying circumstances:
(a)
Whenever he has fired upon the pilot, member of the crew, or passenger of the aircraft;
(b)
Whenever he has exploded or attempted to explode any bomb or explosive to destroy
the aircraft;
(c)
Whenever the crime is accompanied by murder, homicide, serious physical injuries, or
rape.
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PD 532
Act punished:
Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its complement or passengers, by means of
violence against or intimidation of persons or force upon things, committed by any person,
including a passenger or member of the complement of said vessels in Philippine waters.
Qualified circumstance:
(1) If the following are committed as a result or on the occasion of the piracy:
(a) rape;
(b) murder;
(c) homicide;
(2) When the offender abandoned the victims without means of saving themselves; or
(3) When the seizure is accompanied by firing upon or boarding a vessel
Article 124 Arbitrary
Detention
(1) Offender is a public officer or employee;
(2) Offender detains a person;
(3) The detention is without legal grounds.
Article 125
Delay in Delivery of
Persons
(1) Offender is a public officer or employee;
(2) He detains a person for some legal ground;
(3) He fails to deliver such person to the proper judicial authorities within the period of:
(a) twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
(b) eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent; and
(c) thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or
their equivalent.
Article 126
Delaying release
(1)
Offender is a public officer or employee;
(2)
There is a judicial or executive order for the release of a prisoner or detention prisoner,
or that there is a proceeding upon a petition for the liberation of such person; (3) Offender without
good reason delays:
(a) the performance of any judicial or executive order for the release of a prisoner or
detention prisoner, or
(b) the service of the notice of such order to said prisoner or
(c) the proceedings upon any petition for the liberation of such person.
Article 127 Expulsion
(1) Offender is a public officer or employee
(2) He either(a) expels any person from the Philippine; or (b)
compels such person to change his residence;
(3) Offender is not authorized to do so under law.
Article 128 Violation
of Domicile
Acts punished:
(1) Entering any dwelling against the will of the owner thereof;
20
(2) Searching papers or other effects found therein without the previous consent of such owner; or
(3) Refusing to leave the premises, after having surreptitiously entered said dwelling, and after
having been required to leave the same.
Elements:
(1)
Offender is a public officer or employee;*
(2)
He is not authorized by judicial order to enter the dwelling or to make a
search therein for papers or other effects.
*If the offender is a private individual, the crime is trespass to dwelling under Art. 280
Qualifying circumstances:
(1)
If the offense is committed at nighttime; or
(2)
If any papers or effects not constituting evidence of a crime are not returned immediately
after the search made by the offender.
Article 129
Search warrants
maliciously obtained,
and abuse in the
service of those
legally obtained
Article 130
Searching Domicile
without Witnesses
First Act: Procuring a search warrant without just cause.
(a) Offender is a public officer or employee;
(b) He procures a search warrant; (c)
There is no just cause.
(2) Exceeding authority or using unnecessary severity in executing a search warrant legally
procured.
(a) Offender is a public officer or employee;
(b) He has legally procured a search warrant;
(c) He exceeds his authority or uses unnecessary severity in executing the same.
(1)
Offender is a public officer or employee;
(2)
He is armed with a search warrant legally procured;
(3)
He searches the domicile, papers or other belongings of any person;
(4)
The owner, or any member of his family, or two witnesses residing in the same locality
are not present.
Article 131
(1) Offender is a public officer or employee;
Prohibition,
(2) He performs any of the following acts:
interruption, and
(a) prohibiting or int;errupting, without legal ground, the holding of a peaceful meeting, or by
dissolution of peaceful
dissolving the same;
meetings
(b) hindering any person from joining any lawful association or from attending any of its
meetings; or
(c) 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.
Article 132
Interruption of
religious worship
(1) Offender is a public officer or employee;
(2) Religious ceremonies or manifestations of any religion are about to take place or are going on;
(3) Offender prevents or disturbs the same.
Qualifying Circumstance:
If the crime is committed with violence or threats
Article 133
(1)
Acts complained of were performed in a place devoted to religious worship, or during the
Offending the religious celebration of any religious ceremony;
(2)
The acts must be notoriously offensive to the feelings of the faithful.
feelings
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Article 134
Rebellion or
Insurrection
(1) There is a public uprising and taking arms against the Government; (2)
The purpose of the uprising or movement is:
(a) to remove from the allegiance to said Government or its laws, the territory of the Republic
of the Philippines or any part thereof, of any body of land, naval or other armed forces, or
(b) to deprive the Chief Executive or the Legislature, wholly or partially, of any of their powers
or prerogatives.
Article 134-A
Coup d’etat
Article 135
Penalties for
Rebellion,
Insurrection, or coup
d’etat
(1)
Offender is a person or persons belonging to the military or police or holding any public
office or employment;
(2)
It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy or stealth;
(3)
The attack is directed against the duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of power;
(4)
The purpose of the attack is to seize or diminish state power.
Who are liable for rebellion, insurrection, or coup d’etat
(1) The leaders
(a) Any person who (i) promotes, (ii) maintains, or (iii) heads a rebellion or insurrection; or (b)
Any person who (i) leads, (ii) directs, or (iii) commands others to undertake a coup d’etat;
(2) The participants
(a)
Any person merely participating or executing the commands of others;
(b)
Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d'etat;
(c)
Any person not in the government service who participates, or in any manner supports,
finances, abets or aids in undertaking a coup detat
Article 136
Conspiracy and
proposal to Commit
Coup d’etat, rebellion,
or insurrection
Conspiracy
(1) Two (2) or more persons come to an agreement to swiftly attack or to rise publicly and take
arms against the Government for any of the purposes of rebellion or insurrection; (2) They decide
to commit it.
Proposal
(a)
A person has decided to swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or insurrection;
(b)
Such person proposes its execution to some other person or persons.
Article 137
Disloyalty of public
officers or employees
Article 138
Inciting to Rebellion
or insurrection
(1) Offender is a public officer or employee.
(2) Offender commits any of the following acts:
(a) failing to resist a rebellion by all the means in their power;
(b) continuing to discharge the duties of their offices under the control of the rebels; or (c)
accepting appointment to office under them.
(1)
Offender does not take arms or is not in open hostility against the Government;
(2)
He incites others to the execution of any of the acts of rebellion specified in Article 134 of
the Revised Penal Code;
(3)
The inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations (SPWEBO) tending to the same end.
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Article 139 Sedition
Article 141
Conspiracy to commit
Sedition
Article 142 Inciting
to Sedition
(1)
(2)
(3)
Offenders rise publicly and tumultuously;
Offenders employ force, intimidation, or by other means outside of legal methods;
Purpose is to attain any of the following objects:
(a) to prevent the promulgation or execution of any law or the holding of any popular election;
(b) to prevent the National Government, or any provincial or municipal government, or any
public officer thereof 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 or
employee;
(d) to commit, for any poiitical or social end, any act of hate or revenge against private persons
or any social class; and
(e) to despoil, for any political or social end, any person, municipality or province, or the
National Government of all its property or any part thereof.
(1) Two (2) or more persons come to an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition; (2) They decide to commit it.
Acts Punished:
(1)
Inciting others to the accomplishment of any of the acts which constitute sedition, by
means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end;
(2)
Uttering seditious words or speeches which tend to disturb the public peace;
(3)
Writing, publishing, or circulating scurrilous libels against the Government, or any of the
duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in
executing the functions of his office, or which tend to instigate others to cabal and meet together
for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or
tend to stir up the people against the lawful authorities or to disturb the peace of the community,
the safety and order of the Government, or who shall knowingly conceal such evil practices.
Elements:
(1)
Offender does not take direct part in the crime of sedition;
(2)
He incites others to the accomplishment of any of the acts which constitute sedition;
(3)
Inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations. (SPWECBO)
Article 143
Acts tending to
prevent the meeting
of the Assembly and
similar bodies
Article 144
Disturbance of
Proceedings
(1)
There is a projected or actual meeting of Congress or any of its
committees or subcommittees, constitutional committees or divisions thereof, or
of any provincial board or city or municipal council or board;
(2)
Offender, who may be any person, prevents such meetings by force or
fraud.
(1)
There is a meeting of Congress of the Philippines or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board, or;
(2)
Offender does any of the following acts:
(a)
He disturbs such meetings; or
(b)
He behaves while in the presence of any such bodies in such manner as to interrupt its
proceedings or to impair the respect due it.
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Article 145
Violation of
Parliamentary
Immunity
First Act: Using force, intimidation, threats, or fraud to prevent any member of Congress from
attending the meetings of Congress, or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereat from expressing his opinions or casting his vote.
(a)
Offender uses force, intimidation, threats, or fraud;.
(b)
The purpose of the offender is to prevent any member of Congress from:
(i) attending the meetings of any of its committees or constitutional
commissions, etc.;
(ii) expressing his opinion; or (iii) casting his vote.
Second Act: Arresting or searching any member of Congress while it is in regular or special
session, except in case such member has committed a crime punishable under the Revised Penal
Code by a penalty higher than prision mayor.
(a)
Offender is a public officer or employee
(b)
He arrests or searches any member of Congress;
(c)
Congress, at the time of arrest or search, is in regular or special session;
(d)
The member arrested or searched has not committed a crime punishable
under
the Code by a penalty higher than prision mayor.
Article 146 Illegal
Assemblies
First Act: Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code.
(a) There is a meeting, a gathering or group of persons, whether in fixed place or
moving;
(b)
The meeting is attended by armed persons;
(c)
The purpose of the meeting is to commit any of the crimes punishable under the
Revised Penal Code.
Second Act: 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 or his agents.
(a)
There is a meeting, gathering or group of persons, whether in a fixed place or moving;
(b)
The audience, whether armed or not, is incited to the commission of the
crime
of treason, rebellion or insurrection, sedition, or direct assault.
Article 147 Illegal
Associations
Illegal Associations
(1)
Associations totally or partially organized for the purpose of committing any of the crimes
punishable under the Revised Penal Code;
(2)
Associations totally or partially organized for some purpose contrary to public morals.
24
Article 148 Direct
Assaults
First Act: Without a public uprising, by employing force or intimidation for the attainment of any of
the purposes enumerated in defining the crimes of rebellion and sedition.
(a)
Offender employs force or intimidation;
(b)
The aim of the offender is to attain any of the purposes of
the crime of
rebellion or any of the objects of the crime of sedition;
(c) There is no public
uprising.
Second Act: Without a public uprising, by attacking, by employing force, or by seriously intimidating
or resisting any person in authority or any of his agents, while engaged in the performance of
official duties, or on occasion of such performance.
(a)
Offender makes an attack, employs force, makes a serious intimidation, or makes a
serious resistance;
(b)
The person assaulted is a person in authority or his agent;
(c)
At the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties, or that he is assaulted by reason of the past performance of official
duties;
(d)
Offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties;
(e)
There is no public uprising.
Article 149 Indirect
Assaults
(1)
A person in authority or his agent is the victim of any of the forms of direct assault defined
in Article 148;
(2)
A person comes to the aid of such authority or his agent;
(3)
Offender makes use of force or intimidation upon such person coming to the aid of the
authority or his agent.
Article 150
Disobedience to
summons issued by
the National
Assembly, its
committees and
subcommittees, or
divisions
Acts Punished:
(1)
By refusing, without legal excuse, to obey summons of Congress, its special or standing
committees and subcommittees, the Constitutional Commissions and its committees,
subcommittees or divisions, or by any commission or committee chairman or member authorized
to summon witnesses;
(2)
By refusing to be sworn or placed under affirmation while being before such legislative or
constitutional body or official;
(3)
By 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)
By restraining another from attending as a witness in such legislative or constitutional
body;
(5)
By inducing disobedience to a summons or refusal to be sworn by any such body or
official.
Article 151
Resistance and
disobedience to a
person in
authority or the
agents of such person
First Act: Serious disobedience (par. 1)
(1)
A person in authority or his agent is engaged in the performance of official duty or gives
a lawful order to the offender;
(2)
Offender resists or seriously disobeys such person in authority or his agent;
(3)
The act of the offender is not included in the provisions of Articles 148, 149, and 150.
Second Act: Simple disobedience (par. 2)
(1)
An agent of a person in authority is engaged in the performance of
official duty or gives a lawful order to the offender;
(2)
Offender disobeys such agent of a person in authority; (3) Such
disobedience is not of a serious nature.
25
Article 153
Tumults and other
Disturbances of Public
Orders
(1)
Causing any serious disturbance in a public place, office or establishment;
(2)
Interrupting or disturbing performances, functions or gatherings, or peaceful meetidgs, if
the act is not included in Articles 131 and 132;
(3)
Making any 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.
* If the outcry or displaying placards or emblems to become inciting to sedition as a crime, it must have been
done with the idea aforethought of inducing; it is only public disorder if the same is merely an unconscious
outburst, not intentionally calculating to induce.
Article 154
Unlawful use of means
of publication and
unlawful utterances
Article 155 Alarms
and Scandals
(1)
Publishing or causing to be published, by means of printing, lithography or any other
means of publication, as news any false news which may endanger the public order, or cause
damage to the interest or credit of the State;
(2)
Encouraging disobedience to the law or to the constituted authorities or 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 proper 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.
(1)
Discharging any firearm, rocket, firecracker, or other explosive within any town or public
place, calculated to cause (which produces) alarm of danger;*
(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,
provided Article 153 in not applicable.
* Should not be aimed at a person, otherwise the offense would fall under Article 254 (illegal discharge of
firearms)
Article 156
Delivering Prisoners
from Jail
(1) There is a person confined in a jail or penal establishment;
(2) Offender removes therefrom such person, or helps the escape of such person.
Qualifying circumstance:
if violence, intimidation, or bribery is used.
Mitigating circumstance:
If the escape of the prisoner shall take place outside of said establishments by taking the guards
by surprise. (minimum period)
Article 157
Evasion of Service of
Sentence
(1) Offender is a convict by final judgment;
(2) He is serving sentence which consists in the deprivation of liberty;
(3) He evades service of his sentence by escaping during the term of his sentence.
Qualifying circumstances:
If such evasion or escape shall have taken place:
(1) by means of unlawful entry,
(2) by breaking doors, windows, gates, walls, roofs, or floors, or
(3) by using picklocks, false keys, disguise, deceit, violence or intimidation, or
(4) through connivance with other convicts or employees of the penal institution.
26
Article 158
Evasion of Service of
Sentence on occasion
of disorder,
conflagrations,
earhquakes, or other
calamities
Article 159
Other cases of
evasion of service of
sentence
(1)
(2)
Offender is a convict by final judgment, who is confined in a penal institution;
There is disorder, resulting from:
(a) conflagration;
(b) earthquake;
(c) explosion;
(d) similar catastrophe; or
(e) mutiny in which he has not participated.
(3)
He evades the service of his sentence, by leaving the penal institution where he shall
have been confined, on the occasion of such disorder or during the mutiny;
(4)
He fails to give himself up to the authorities within forty-eight (48) hours following the
issuance of a proclamation by the Chief Executive announcing the passing away of such
calamity.
(1) Offender was a convict;
(2) He was granted pardon by the Chief Executive;
(3) He violated any of the conditions of such pardon.
(Violation of
Conditional Pardon)
Article 160
Commission of other
crime during service
of penalty imposed
for another previous
offense
(1) Offender was already convicted by final judgment of one offense;
(2) He committed a new felony before beginning to serve such sentence or while serving the
same.
(Quasi-Recidivism)
Article 161
Counterfeiting the
great seal of the
Government of the
Philippine Islands,
forging the signature
or stamp of the Chief
Executive.
Article 162
Using forged
signature or
counterfeit seal or
stamp.
Article 163
Making and importing
and uttering false
coin.
Acts punished:
(1) Forging the Great Seal of the Government of the Philippines; (2)
Forging the signature of the President;
(3) Forging the stamp of the President.
(1) The Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
Executive was forged by another person;
(2) Offender knew of the counterfeiting or forgery;
(3) He used the counterfeit seal or forged signature or stamp.
(4) Offender should not be the forger.
(1)
There be false or counterfeited coins;
(2)
Offender either made, imported or uttered such coins;
(3)
In case of uttering such false or counterfeited coins, he connived with the counterfeiters
or importers.
Coins counterfeited to be punished:
(1) Silver coins of the Philippines or coins of the Central Bank of the Philippines;
(2) Coins of the minor coinage of the Philippines or of the Central Bank of the Philippines;
(3) Coin of the currency of a foreign country.
27
Article 164 Mutilation
of Coins
Acts punished:
(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.
Article 165
Selling of false or
First Act: Possession of coin counterfeited or mutilated by another person with intent to utter the
mutilated coin, without same, knowing that it is false or mutilated
connivance
(a)
Possession;
(b)
With intent to the utter; and (c) Knowledge.
Second Act: Actually uttering such false or mutilated coin knowing the same to be false or mutilated.
(a) Actually uttering; and (b)
Knowledge.
Article 166 Forging
treasury or bank
notes or other
documents payable to
bearer; importing and
uttering such
false or forged notes
and documents.
Acts punished:
(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.
Forged notes or documents:
(1) Obligation or security issued by the Government of the Philippines;
(2) Circulating note issued by any banking association duly authorized by law to issue the same;
(3) Document issued by a foreign government;
(4) Circulating note or bill issued by a foreign bank duly authorized to issue the same.
Forging:
(1)
By giving to 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 (ESCA) by any means the figures,
letters, words, or sign (FLeWS) contained therein (Art.169).
Article 167
(1) There is an instrument payable to order or other document of credit not payable to bearer; (2)
Counterfeiting,
Offender either forged, imported or uttered such instrument;
importing, and uttering (3) In case of uttering, he connived with the forger or importer.
instruments not
payable to bearer.
Forging:
(1)
By giving to 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 (ESCA) by any means the figures,
letters, words, or sign (FLeWS) contained therein (Art. 169).
Article 168
Illegal possession and
use of false treasury
or
bank notes and other
instruments of credit
(1)
Any treasury or bank note or certificate or other obligation and security payable to
bearer, or any instrument payable to order or other document of credit not payable to bearer is
forged or falsified by another person;
(2)
Offender knows that any of those instruments is forged or falsified;
(3)
He either:
(a) uses any of such forged or falsified instruments; or
(b) possesses with intent to use any of such forged or falsified instruments.
28
Article 170
Falsification of
Legislative
Documents
Article 171
Falsification by public
officer, employee or
notary or
ecclesiastical minister.
(1) There is a bill, resolution or ordinanc~ enacted or approved or pending approval by either
House of the Legislature or any provincial board or municipal council;
(2) Offender alters the same;
(3) He has no proper authority therefor;
(4) The alteration has changed the meaning of the document.
(1)
(2)
(3)
Offender is a public officer, employee, or notary public;
He takes advantage of his official position;
He falsifies a document by committing any of the following acts:
(a) counterfeiting or imitating any 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;
(f) making any alteration or intercalation in a genuine document which changes its
meaning; (g) issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a statement
contrary to, or different from, that of the genuine original; or
(h) intercalating any instrument or note relative to the issuance thereof in a protocol, registry,
or official book.
(4) In case the offender is an ecclesiastical minister who shall commit any of the offenses
enumerated, with respect to any record or document of such character that its falsification may
affect the civil status of persons.
29
First Act: counterfeiting or imitating any handwriting, signature or rubric Elements,
counterfeiting:
(1)
Intent to imitate, or attempt to imitate; and
(2)
That the two signatures or handwritings, the genuine and forged, bear some
resemblance to each other.
Imitating: forgery of a signature, handwriting, or rubric that does not exist
Second Act: causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate
(1)
That the offender caused it to appear in a document that a person or persons
participated in an act or proceeding;
(2)
That such person or persons did not in fact so participate in the act or proceeding.
Third Act: Attributing to persons who have participated in any act or proceeding statements other
than those in fact made by them
(1)
That a person or persons participated in an act or a proceeding;
(2)
That such person or persons made statements in that act or proceeding; and
(3)
That the offender, in making a document, attributed to such person or persons statement
other than those in fact made by such person or persons.
Fourth Act: Making untruthful statements in a narration of facts
(1)
That the offender makes in a document statements in a narration of facts;
(2)
That he has a legal obligation to disclose the truth of the facts narrated by him;
(3)
That the facts narrated by the offender are absolutely false; and
(4)
That the perversion of truth in the narration of facts was made with wrongful intent of
injuring a third person.
Fifth act: Altering true dates
The date must be essential, i.e., when it must affect either the veracity of the document or the
effects thereof.
Sixth Act: Making alteration or intercalation in a genuine document which changes its meaning
(1) That there be an alteration (change) or intercalation (insertion) on a document;
(2) That it was made on a genuine document;
(3) That the alteration or intercalation has changed the meaning of the document; and
(4) That the change made the document speak something false.
Seventh Act: Acts punished:
(1) Purporting to be a copy of an original when no such original exists;
(2) Including in a copy a statement contrary to, or different from, that of the genuine original.
Article 172
Falsification by private
individual and
use of
First Act: Falsification of public official or commercial document by a private individual.
(a)
Offender is a private individual or public officer or employee who did not take advantage
of his official position;
(b)
He committed any act of falsification;
30
falsified documents
(c) The falsification was committed in a public, official, or commercial document or letter of
exchange.
Second Act: Falsification of private document by any person
(a)
Offender committed any of the acts of falsification except Article 171(7), that is, issuing in
an authenticated form a document purporting to be a copy of an origir.al document when no such
original exists, or including in such a copy a statement contrary to, or different from, that of the
genuine original;
(b)
Falsification was committed in any private document;
(c)
Falsification causes damage to a third party or at least the falsification was committed with
intent to cause such damage.
Third Act: Use of falsified document
In introducing in a judicial proceeding (a) Offender knew that the document was falsified by another person;
(b) The false document is embraced in Articles 171 or 172 (1 or 2); (c)
He introduced said document in evidence in any judicial proceeding.
In use in any other transaction (a) Offender knew that a document was falsified by another person;
(b) The false document is embraced in Articles 171 or 172 (1 or 2);
(c) He used such document (not in judicial proceedings);
(d) The use caused damage to another or at least used with intent to cause damage.
Article 173
Acts punished:
Falsification
of (1)
Uttering fictitious wireless, telegraph or telephone message snd/or falsifying wireless,
wireless, cable,
telegraph or telephone messages.
telegraph and
(a)
Offender is an officer or employee of the government or an officer or employee of a
telephone messages,
private corporation, engaged in the service of sending or receiving wireless, cable, or telephone
message;
and use of said
(b)
He commits any of the following acts:
falsified messages.
(i) utters fictitious wireless, cable, telegraph, or telephone message;
(ii) falsifies wireless, cable, telegraph or telephone message.
(2)
Using such falsified messages.
(a)
Offender knew that wireless, cable, telegraph, or telephone message was falsified by an
officer or employee of the government or an officer or employee of a private corporation, engaged
in the service of sending or receiving wireless, cable, or telephone message;
(b)
He used such falsified dispatch;
(c)
The use resulted in the prejudice of a third party or at least there was intent to cause such
prejudice.
Article 174
False medical
certificates, false
certificates of
merits or service, etc.
Persons liable:
(1)
Physician or surgeon who, in connection with the practice of his profession, issues a false
certificate (it must refer to the illness or injury of a person)
(2)
Public officer who issues a false certificate of merit of service, good conduct or similar
(3)
Private person who falsifies a certificate falling within the classes mentioned in the two
preceding subdivisions
31
Article 175 Using
false certificates
Article 176.
Manufacturing and
possession of
instruments
or implements for
falsification
Article 177
Usurpation of
authority or official
functions
Article 178
Using fictitious name
and concealing true
name
(1) The following issues a false certificate:
(a) Physician or surgeon, in connection with the practice of his profession, issues a false
medical certificate;
(b) Public officer issues a false certificate of merit of service, good conduct or similar
circumstances;
(c) Private person falsifies a certificate falling within the classes mentioned in the two (2)
preceding subdivisions.
(2) Offender knows that the certificate was false;
(3) He uses the same.
Acts Punished:
(1)
Making or introducing into the Philippines any stamps, dies, marks, or other instruments
or implements for counterfeiting or falsification;
(2)
Possessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person.
Acts Punished:
(1) Usurpation of authority.
Offender knowingly and falsely represents himself as an officer, agent or representative of any
department or agency of the Philippine Government or of any foreign government.
(2) Usurpation of official functions.
(a) Offender performs any act under pretense of official position;
(b) The act pertains to any person in authority or public officer of the Philippine Government
or any foreign government, or any agency thereof; (c) He is not lawfully entitled to do so.
(1) Using fictitious name.
(a) Offender uses a name other than his real name;
(b) He uses the fictitious name publicly;
(c) Purpose is to conceal a crime, to evade the execution of a judgment or to cause
damage.
(2) Concealing true name.
(a) Offender conceals his true name and other personal circumstances; (b) Purpose is only
to conceal his identity.
Article 179
Illegal use of uniforms
or insignia
Article 180
False testimony
against a defendant
Article 181 False
testimony
favorable to the
defendant
(1)
Offender makes use of insignia, uniform or dress;
(2)
The insignia, uniform or dress pertains to an office not held by such person or to a class
of persons of which he is not a member;
(3)
Said insignia, uniform or dress is used publicly and improperly.
(1)
There is a criminal proceeding;
(2)
Offender testifies falsely under oath against the defendant therein;
(3)
Offender who gives false testimony knows that it is false;
(4)
Defendant against whom the false testimony is given is either acquitted or convicted in a
final judgment.
(1) A person gives false testimony;
(2) In favor of the defendant;
(3) In a criminal case.
32
Article 182
(1) Testimony is given in a civil case;
False testimony in civil (2) Testimony relates to the issues presented in said case;
case
(3) Testimony is false;
(4) Offender knows that testimony is false;
(5) Testimony is malicious and given with an intent to affect the issues presented in said case.
(1)
Offender makes s statement under oath or executes an affidavit upon a material matter;
(2)
The statement or affidavit is made before a competent officer, authorized to receive and
administer oaths;
(3)
Offender makes a willful and deliberate assertion of a falsehood in the statement or
affidavit;
(4)
The sworn statement or affidavit containing the falsity is required by law.
Article 183
False testimony in
other cases and
perjury in
solemn affirmation.
Article 184
Offering false
testimony in evidence
Article 185
Machinations
public auctions
(1) Offender offers in evidence a false witness or testimony;
(2) He knows that the witness or the testimony was false;
(3) The offer is made in ahy judicial or official proceeding.
Acts Punished:
in (1)
Soliciting any gift or promise as a consideration for refraining from taking part in any public
auction.
(a) There is a public auction;
(b) Offender solicits any gift or a promise from any of the bidders;
(c) Such gift or promise is the consideration for his refraining from taking part in that public
auction;
(d) Offender has the intent to cause the reduction of the price of the thing auctioned.
(2)
Attempting to cause bidders to stay away from an auction by threats, gifts, promises or
any other artifice.
(a) There is a public auction;
(b) Offender attempts to cause the bidders to stay away from that public auction;
(c) It is done by threats, gifts, promises or any other artifice;
(d) Offender has the intent to cause the reduction of the price of the thing auctioned.
33
Article 186
Monopolies and
Combinations in
restraint of trade
Acts punished:
First Act: Combination to prevent free competition in the market.
(a)
Entering into any contract or agreement or taking part in any conspiracy or combination
in the form of a trust or otherwise;
(b)
Said act is done in restraint of trade or commerce or to prevent by artificial means free
competition in the market.
Second Act: Monopoly to restrain free competition in the market.
(a)
Monopolizing any merchandise or object of trade or commerce, or by combining with
any other person or persons to monopolize said merchandise or object;
(b)
Said act is done in order to alter the prices thereof by spreading false rumors or making
use of any other artifice to restrain free competition in the market.
Third Act: Manufacturer, producer, or processor or importer combining, conspiring or agreeing with
any person to make transactions prejudicial to lawful commerce or to increase the market price of
merchandise.
(a) Manufacturer, producer, processor or importer of any merchandise or object of commerce; (b)
Combines, conspires or agrees with any person;
(c) Purpose is to make transactions prejudicial to lawful commerce or to increase the market price
of any merchandize or object of commerce manufactured, produced, processed, assembled or
imported into the Philippines.
Qualifying circumstance:
If the offense affects any food substance, motor fuel or lubricants, or other articles of prime
necessity.
Article 187
Importation and
disposition of falsely
marked
articles or
merchandise made of
gold, silver, or other
precious metals or
their alloys.
Illegal Sale, Trading,
Administration,
Dispensation,
Delivery, Distribution,
and Transportation of
Dangerous Drugs and
Essential Chemicals
(Sec. 4)
(1)
Offender imports, sells or disposes articles made of gold, silver, or other precious metals
or their alloys;
(2)
The stamps, brands, or marks of those articles of merchandise fail to indicate the actual
fineness or quality of said metals or alloys;
(3)
Offender knows that the stamps, brands, or marks fail to indicate the actual fineness or
quality of the metals or alloys.
(1) Identity of the Buyer and the Seller, the object and the consideration of the sale; and
(2) Delivery of the thing sold and payment therefor.
Notes:
What law proscribes is not only the acts of selling, but also the act of delivering. The presentation
of the buy-bust money is not indispensable to the prosecution.
Qualifying circumstances (maximum penalty):
(a)
Illegal activities transpire within 100 meters from the school;
(b)
Victim of the offense is a minor or mentally incapacitated individual, or should a
dangerous drug be the proximate cause of the death of the victim thereof;
(c)
To any person who organizes, manages, or acts as financier of any of the illegal
activities.
34
Possession of
Dangerous Drugs
(Sec. 11)
Use of Dangerous
Drugs
(Sec. 15)
(1)
Accused is in possession of an item or object, which is identified to be prohibited or
regulated drug;
(2)
Such possession is not authorized by law; and
(3)
The accused freely and consciously possessed the drug.
Committed by a person apprehended or arrested, who is found to be positive for use of any
dangerous drug, after a confirmatory test.
Notes:
(1)
When seller is apprehended, the quantity he is possessing must be equal to that sold by
him. If so, it is only illegal sale, possession absorbed. If excess, still liable for illegal possession
equal to the excess of the amount;
(2)
Possession of instruments for administering is punished separately if found in possession
thereof and is not smoking; if smoking the possession of pipe is absorbed;
(3)
An offender tested positive for use and found to be in possession of any quantity of
dangerous drugs shall be punished for possession only.
Article 195
Acts Punishable in
Gambling
First Act: Taking part directly or indirectly in:
(a) any game of monte, jueteng, or any other form of lottery, policy, banking, or percentage
game, dog races, or any other game or scheme the results of which depend wholly or chiefly
upon chance or hazard; or wherein wagers consisting of money, articles of value, or
representative of value are made; or
(b) the exploitation or use of any other mechanical invention or contrivance to determine by
chance the loser or winner of money or any object or representative of value.
Second Act: Knowingly permitting any form of gambling to be carried on in any place owned or
controlled by the offender;
Third Act: Being maintainer, conductor, or banker in a game of jueteng
or similar game;
Fourth Act: Knowingly and without lawful purpose possessing lottery list, paper, or other matter
containing letters, figures, signs or symbol which pertain to or are in any manner used in the game
of jueteng or any similar game.
Article 196
Importation, sale, and
possession of lottery
tickets or
advertisements
Acts punished:
(1) Importing into the Philippines from any foreign place or port any lottery ticket or advertisement;
(2) Selling or distributing the same in connivance with the importer;
(3) Possessing, knowingly and with intent to use, lottery tickets or advertisements;
(4) Selling or distributing the same without connivance with the importer of the same.
Article 198
Illegal betting on
horse race
Acts punished:
(1)
Betting on horse races during periods not allowed by law;
(2)
Maintaining or employing a totalizer or other device or scheme for betting on races or
realizing profit therefrom during the periods not allowed by law.
Article 200 Grave
Scandal
(1)
Offender performs an act or acts;
(2)
Such act or acts be highly scandalous as offending against decency or good customs;
(3)
The highly scandalous conduct is not expressly falling within any other article of the
Revised Penal Code; and
35
(4) The act or acts complained of be committed in a public place or within the public knowledge or
view.
Article 201
Immoral doctrines,
obscene publications,
and exhibitions and
indecent shows
Article 202
Vagrants and
Prostitutes
(1) Those who shall publicly expound or proclaim doctrines openly
contrary to public morals;
(2) (a) 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;
(b) Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or
immoral plays, scenes, acts, or shows, it being understood that the obscene literature or
indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed
by virtue hereof, shall include those which:
(1)
glorify criminals or condone crimes;
(2)
serve no other purpose but to satisfy the market for violence, lust or
pornography; (3) offend any race, or religion;
(4)
tend to abet traffic in and use of prohibited drugs; and
(5)
are contrary to law, public order, morals, good customs, established policies,
lawful orders, decrees and edicts; and
(3) Those who shall sell, give away, or exhibit films, prints, engravings,
sculptures, or literature which are offensive to morals.
Persons Liable:
(1)
Any person having no apparent means of subsistence, who has the physical ability to work
and who neglects to apply himself or herself to some lawful calling;
(2)
Any person found loitering about public or semi-public buildings or places or trampling or
wandering about the country or the streets without visible means of support;
(3)
Any idle or dissolute person who lodges in houses of ill-fame;
(4)
Ruffians or pimps and those who habtually associate with prostitutes;
(5)
Any person who, not being included in the provisions of other articles of the Revised Penal
Code, shall be found loitering in any inhabited or uninhabited place belonging to another without
any lawful or justifiable purpose; (6) Prostitutes.
Prostitute, defined:
A woman is a prostitute when:
(1) she habitually indulges in: (a) sexual intercourse or
(b) lascivious conduct;
(2) for money or profit.
Article 203
Who are Public
officers
Article 204
Knowlingly rendering
unjust judgment
(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, or any rank or class;
(2)
His authority to take part in the performance of public functions or to perform public duties
must be:
(a) by direct provision of the law;
(b) by popular election; or
(c) by appointment by competent authority.
(1) Offender is a judge;
(2) He renders a judgment in a case submitted to him for decision;
(3) Judgment is unjust;
(4) The judge knows that his judgment is unjust.
36
Article 205
Judgment rendered
through negligence
Article 206
Unjust interlocutory
order
(1) Offender is a judge;
(2) He renders a judgment in a case submitted to him for decision;
(3) The judgment is manifestly unjust;
(4) It is due to his inexcusable negligence or ignorance.
(1) Offender is a judge;
(2) He performs any of the following acts:
(a) knowingly renders an unjust interlocutory order or decree; or
(b) renders a manifestly unjust interlocutory order or decree through inexcusable negligence
or ignorance.
Article 207
Malicious delay in the
administration of
justice
(1) Offender is a judge;
(2.) There is a proceeding in his court;
(3)
He delays in the administration of justice;
(4)
The delay is malicious, that is, with deliberate intent to inflict damage on either party in
the case.
Article 208
Prosecution of
offenses; negligence
and tolerance
(1)
Offender is a public officer or officer of the law who has a duty to cause the prosecution
of, or to prosecute, offenses;
(2)
There is a dereliction of the duties of his office, that is, 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)
Offender acts with malice and deliberate intent to favor the violator of the law.
Article 209
Betrayal of trust by an
attorney or solicitor -revelation of secrets
Acts punished:
(1)
Causing damage to his client, either:
(a) by any malicious breach of professional duty;
(b) by inexcusable negligence or ignorance.*
(2)
Revealing any of the secrets of his client learned by him in his professional capacity;**
(3)
Undertaking the defense of the opposing party in the same case, without the consent of
his first client, after having undertaken the defense of said first client or after having received
confidential information from said client.
* There must be damage to client; **
Damage not necessary
Article 210 Direct
Bribery
Article 211 Indirect
Bribery
(1)
Offender is a public officer within the scope of Article 203;
(2)
Offender accepts an offer or a promise or receives a gift or present by himself or through
another;
(3)
Such offer or promise be accepted, or gift or present received by the public officer- (a)
With a view to committing some crime; or
(b) In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust; or
(c) To refrain from doing something which it is his official duty to do.
(4)
The act which offender agrees to perform or which he executes be connected with the
performance of his official duties.
(1) Offender is a public officer;
(2) He accepts gifts;
(3) The gifts are offered to h!m by reason of his office.
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Article 211-A Qualified
Bribery
(1)
Offender is a public officer entrusted with law enforcement;
(2)
He refrains from arresting or prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or death;
(4) Offender refrains from arresting or prosecuting in consideration of any promise, gift,
or present.
Article 212
Corruption of public
officials
(1)
Offender makes offers or promises or gives gifts or presents to a public officer;
(2)
The offers or promises are made or the gifts or presents given to a public officer, under
circumstances that will make the public officer liable for direct bribery or indirect bribery.
Article 213
Frauds against the
public treasury and
similar offenses
First Act: Frauds against the public treasury.
(a) Offender is a public officer;
(b)
He has taken advantage of his office, that is, he intervened in the transaction in his official
capacity;
(c)
He entered into an agreement with any interested party or speculator or made use of any
other scheme with regard to furnishing supplies, the making of contracts, or the adjustment of
settlement of accounts relating to public property or funds; (d) He had intent to defraud the
government.
Second Act: Illegal extractions.
(a)
Offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts;
(b)
He is guilty of any of the following acts or omissions:
(i) demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law;
(ii) failing voluntarily to issue a receipt, as provided by law, for any sum of money collected
by him officially; or
(iii) collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
Article 214 Other
Frauds
Article 215
Prohibited
Transactions
Article 216
Possession of
prohibited interest by
a public officer
(1) Offender is a public officer;
(2) He takes advantage of his official position;
(3) He commits any of the frauds or deceits enumerated in Articles 315 to 318 (Estafa).
(1)
Offender is an appointive public officer;
(2)
He becomes interested, directly or indirectly, in any transaction of exchange or
speculation; (3) The transaction takes place within the territory subject to his jurisdiction;
(4) He becomes interested in the transaction during his incumbency.
Persons liable:
(1)
Public officer who, directly or indirectly, became interested in any contracts or business in
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.
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Article 217
Malversation of public
funds or property
Acts punished:
(1)
Appropriating public funds or property;
(2)
Taking or misappropriating the same;
(3)
Consenting, or through abandonment or negligence, permitting any other person to take
such public funds or property;
(4)
Being otherwise guilty of the misappropriation or malversation of such funds or property.
Elements:
(1)
Offender is a public officer;
(2)
He had the custody or control of funds or property by reason of the duties of his office;
(3)
Those funds or property were public funds or property for which he was accountable;
(4)
He appropriated/ took, misappropriated or consented or, through abandonment or
negligence, permitted another person to take them.
Article 218
Failure of
Accountable Officer
to Render Accounts
Article 219
Failure of a
responsible public
officer to render
(1)
Offender is public officer, whether in the service or separated therefrom by resignation or
any other cause;
(2)
He is an accountable officer for public funds or property;
(3)
He is required by law or regulation to render account to the Commission on Audit, or to a
provincial auditor;
(4)
He fails to do so for a period of two (2) months after such accounts should be rendered.
(1)
Offender is a public officer;
(2)
He is an accountable officer for public funds or property;
(3)
He unlawfully leaves or attempts to leave the Philippine Islands without securing a
certificate from the Commission on Audit showing that his accounts have been finally settled.
accounts before
leaving the country
Article 220
Illegal use of public
funds or property
Article 221
Failure to make
delivery of public finds
or property
(1)
Offender is a public officer;
(2)
There are public funds or property under his administration;
(3)
Such fund or property has been appropriated by law or ordinance;
(4)
He applies such public fund or property to a public use other than that for which it has
been appropriated by law or ordinance.
First Act: Failing to make payment by a public officer who is under obligation to make such payment
from government funds in his possession.
(a) Public officer has government funds in his possession; (b)
He is under obligation to make payment from such funds; (c)
He fails to make the payment maliciously.
Second Act: Refusing to make delivezy by a public officer who has been ordered by competent
authority to deliver any property in his custody or under his administration.
(a) Public officer has government property in his custody or under his administration;
(b) He has been ordered by competent authority to deliver such property; (c) He
refuses to make the delivery maliciously.
Article 223
Conniving with or
consenting to evasion
(1)
Offender is a public officer;
(2)
He had in his custody or charge a prisoner, either detention prisoner or prisoner by final
judgment;
(3)
Such prisoner escaped from his custody;
(4)
He was in connivance with the prisoner in the latter's escape.
39
Article 224
Evasion through
negligence
Article 225
Escape of prisoner
under the custody of
a person not a public
officer
Art. 226
Removal,
concealment, or
destruction of
documents.
Article 227 Officer
breaking seal
Article 228
Opening of closed
documents.
Article 229
Revelation of secrets
by an officer
(1)
Offender is a public officer;
(2)
He is charged with the conveyance or custody of a prisoner, either detention prisoner or
prisoner by final judgment;
(3)
Such prisoner escapes through his negligence.
(1) Offender is a private person.:
(2) The conveyance or custody of a prisoner or person under arrest is confided to him;
(3) The prisoner or person under arrest escapes;
(4) Offender consents to the escape, or that the escape takes place through his negligence.
(1) Offender is a public officer;
(2) He abstracts, destroys or conceals documents or papers;
(3) Said documents or papers was entrusted to such public officer by reason of his office;
(4) Damage, whether serious or not, to a third party or to the public interest has been caused.
(1)
Offender is a public officer;
(2)
He is charged with the custody of papers or property; (3) These
papers or property are sealed by proper authority; (4) He breaks the seal or
permits them to be broken.
(1)
·Offender is a public officer;
(2)
Any closed papers, documents, or object are entrusted to his custody; (3) He
opens or permits to be opened said closed papers, documents or objects;
(4) He does not have proper authority.
First Act: Revealing any secrets known to the offending public officer by reason of his official
capacity.
(a)
Offender is a public officer;
(b)
He knows of a secret by reason of his official capacity;
(c)
He reveals such secret without authority or justifiable reasons; (d) Damage, great or
small, is caused to the public interest.
Second Act: Delivering wrongfully papers or copies of papers of which he may have charge and
which should not be published. (a) Offender is a public officer;
(b) He has charge of papers;
(c) Those papers should not be published;
(d) He delivers tllose papers or copies thereof to a third person;
(e) The delivery is wrongful;
(f) Damage is caused to public interest.
Article 230
Public Officer
revealing secrets of
private individual
(1) Offender is a public officer;
(2) He knows of the secrets of a private individual by reason of his office;.
(3) He reveals such secrets without authority or justifiable reason.
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Article 231
Open Disobedience
Article 232
Disobedience to order
of superior officer
when said order was
suspended by inferior
officer
Article 233 Refusal of
assistance
(1)
Offender is a judicial or executive officer;
(2)
There is a judgment, decision or order of a superior authority;
(3)
Such judgment, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all the legal formalities;
(4)
He, without any legal justification, openly refuses to execute the said judgment, decision
or order, which he is duty bound to obey.
(1) Offender is a public officer;
(2) An order is issued by his superior for execution;
(3) He has for any reason suspended the execution of such order;
(4) His superior disapproves the suspension of the execution of the order;
(5) Offender disobeys his superior despite the disapproval of the suspension.
(1)
Offender is a public officer;
(2)
A competent authority demands from the offender that he lend his cooperation towards
the administration of justice or other public service; (3) Offender fails to do so maliciously.
Qualifying circumstance:
If such failure shall result in serious damage to the public interest, or to a third party
Article 234
Refusal to discharge
elective office
Article 235
Maltreatment of
Prisoners
(1) Offender is elected by popular election to a public office;
(2) He refuses to be sworn in or to discharge the duties of said office;
(3) There is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.
(1)
Offender is a public officer or employee;
(2)
He has under his charge a prisoner or detention prisoner; (3) He
maltreats such prisoner in either of the following manners:
(a) by overdoing himself in the correction or handling of a prisoner or detention prisoner under
his charge either:
(i)
by the imposition of punishment not authorized by the regulations; or
(ii)
by inflicting such punishments (those authorized) in a cruel and humiliating
manner; (b) by maltreating such prisoners to extort a confession or to obtain some
information from the prisoner.
Qualifying circumstance:
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner.
Article 236
Anticipation of duties
of a public office
(1) Offender is entitled to hold a public office or employment, either by election or appointment;
(2) The law requires that he should first be sworn in and/or should first give a bond;
(3) He assumes the performance of the duties and powers of such office;
(4) He has not taken his oath of office and/or given the bond required by law.
Article 237
Prolonging
performance of duties
and powers
(1)
Offender is holding a public office;
(2)
The period provided by law, regulations or special provision for holding such office, has
already expired;
(3)
He continues to exercise the duties and powers of such office.
41
Article 238
(1)
Abandonment of office
(2)
or position
(3)
(4)
Offender is a public officer;
He formally resigns from his position;
His resignation has not yet been accepted;
He abandons his office to the detriment of the public service.
Qualifying circumstance:
If such office shall have been abandoned in order to evade the discharge of the duties of
preventing, prosecuting, or punishing any of the crimes falling within Title 1 and Chapter 1 of Title
3 of Book 2 of the RPC*
* Article 114-123; Article 134-142
Article 239
Usurpation of
legislative powers
Article 240
Usurpation of
executive functions
Article 241
Usurpation of judicial
functions
(1) Offender is an executive or judicial officer;
(2) He performs any of the following acts:
(a) makes general rules or regulations beyond the scope of his authority; (b)
attempts to repeal a law; or
(c) suspends the execution thereof.
(1) Offender is a judge;
(2) He performs any of the following acts:
(a) assumes a power pertaining to the executive authorities; or
(b) obstructs the executive authorities in the lawful exercise of their powers.
(1) Offender is an officer of the executive branch of the government; (2)
He performs any of the following acts:
(a) assumes judicial powers; or
(b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.
Article 242
(1)
Offender is a public officer;
Disobeying request for (2)
A proceeding is pending before such public officer;
disqualification
(3)
There is a question brought before the proper authority regarding his jurisdiction, which
is not yet decided;
(4)
He has been lawfully required to refrain form continuing the proceeding;
(5)
He continues the proceeding.
Article 243
Orders or request by
executive officers to
any judicial authority
(1)
Offender is an executive officer;
(2)
He addresses any order or suggestion to any judicial authority;
(3)
The order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.
Article 244
Unlawful
appointments
(1)
Offender is a public officer;
(2)
He nominates or appoints a person to a public office;
(3)
Such person lacks the legal qualifications therefor;
(4)
Offender knows that his nominee or appointee lacks the qualification at the time he
made the nomination or appointment.
Article 245
Abuses against
Chastity
(1) Offender is a public officer;
(2) He solicits or makes immoral or indecent advances to a woman;
(3) Such woman is:
(a)
interested in matters pending before the offender for decision, or with respect to which he
is required to submit a report to or consult with a superior officer; or
(b)
under the custody of the offender who is a warden or other public officer directly charged
with the care and custody of prisoners or persons under arrest; or
42
(c) the wife, daughter, sister or relative within the same degree by affinity of any person in the
custody of the offender.
Anti-Graft and Corrput
Practices Act
Acts punished:
(1)
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.
(2)
Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction between
the Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.
(3)
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, without prejudice to Section thirteen of
this Act.
(4)
Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year after
its termination.
(5)
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 official
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 corporations charged with the grant of licenses or permits or other concessions.
(6)
Neglecting or refusing, after due demand or request, without sufficient justification, to act
within 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.
(7)
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.
(8)
Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which
he is prohibited by the Constitution or by any law from having any interest.
(9)
Directly or indirectly becoming interested, for personal gain, or having a material interest
in any transaction or act requiring the approval of a board, panel or group of which he is a member,
and which 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.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(10)
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 so qualified or entitled.
43
(11)
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 release date.
Note:
44
Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary
token of gratitude or friendship according to local customs or usage, shall be excepted from the
provisions of this Act.
Article 246 Parricide
Article 247
Death or physical
injuries inflicted
under exceptional
circumstances
(1)
A person is killed;
(2)
The deceased is killed by the accused;
(3)
The deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.
(1) A legally married person, or a parent, surprises his spouse or his daughter, the latter under 18
years of age and living with him, in the act of committing sexual intercourse with another person;
(2) He or she kills any or both of them, or inflicts upon any or both of them any serious physical
injury in the act or immediately thereafter;
(3) 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.
Article 248 Murder
(1) A person was killed;
(2) Accused killed him;
(3) The killing was attended by any of the following qualifying circumstances:
(a)
with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to waken the defense, or of means or persons to insure or afford impunity;
(b)
in consideration of a price, reward or promise;
(c)
by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin; (IFPESSDAMO)
(d)
on occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
(EERDEP)
(e)
with evident premeditation;
(f)
with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or his corpse;
(4) The killing is not parricide or infanticide.
Article 249 Homicide
(1)
A person was killed;
(2)
Offender killed him without any justifying circumstances;
(3)
Offender had the intention to kill, which is presumed;
(4)
The killing was not attended by any of the qualifying circumstances of murder, or by that
of parricide or infanticide.
Article 251 Death
caused in a
tumultuous affray
(1)
There are several persons;
(2)
They do not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally;
(3)
These several persons quarreled and assaulted one another in a confused and
tumultuous manner;
(4)
Someone was killed in the course of the affray;
(5)
It can not be ascertained who actually killed the deceased;
(6)
The person or persons who inflicted serious physical injuries or who used violence can
be
identified.*
* If it cannot be determined who inflicted the serious physical injuries on the deceased, a lower penalty shall be
imposed upon all those who shall have used violence upon the person of the victim.
45
Article 252
Physical injuries
inflicted in a
tumultuous affray
(1)
There is a tumultuous affray;
(2)
A participant or some participants thereof suffered serious physical injuries or physical
injuries of a less serious nature only;
(3)
The person responsible therefor cannot be identified;
(4)
All those who appear to have used violence upon the person of the offended party are
known.
Penalty of lower in degree than provided for injuries inflicted when only serious physical injuries
are inflicted upon the participants and the person responsible cannot be identified; an even lower
penalty if the injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified.
Article 253
Giving assistance to
suicide
Acts Punished:
(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.
Mitigating Circumstance:
If the suicide is not consummated.
Article 254 Discharge
of Firearms
(1) Offender discharges a firearm against or at another person;
(2) Offender had no intention to kill that person.
Discharge of firearm not directed towards a person is only alarm under Article 155;
There must be intent to kill, otherwise the crime would be attempted or frustrated murder or
homicide, as the case may be.
Article 255 Infanticide
(1) A child was killed;
(2) The deceased child was less than three (3) days old or seventy-two (72) hours old;
(3) The accused killed the said child.
Mitigating Circumstance:
If the crime is committed by the mother of the child for the purpose of concealing her dishonor, or
by the maternal grandparents or either of them, with the same purpose.
Note: The penalty is that provided for in Article 246 (if within the persons defined in the crime of
parricide), or Article 248 (if not within the persons defined in the crime of murder)
Article 256
Intentional Abortion
Article 257
Unintentional
Abortion
(1)
There is a pregnant woman;
(2)
Violence is exerted, or drugs or beverages administered without the consent of the
woman, or that the accused otherwise acts upon such pregnant woman with her consent;
(3)
As a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom; (4) The
abortion is intended.
(1)
There is a pregnant woman;
(2)
Violence is used upon such pregnant woman without intending an abortion;
(3)
The violence is intentionally exerted;
(4)
As a result of the violence, the fetus dies, either in the womb or after having been
expelled therefrom.
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Article 258
Abortion practiced by
the woman herself or
by her parents
(1) There is a pregnant woman who has suffered an abortion;
(2) The abortion is intended;
(3) Abortion is caused by(a) the pregnant woman herself;
(b) any other person, with her consent; or
(c) any of her parents, with her consent for the purpose of concealing her dishonor.
Mitigating Circumstance:
Pregnant woman practicing abortion to herself to conceal her dishonor
Article 259
Abortion practiced by
a physician or
midwife and
dispensing of
abortives
(1) There is a pregnant woman who has suffered an abortion;
(2) The abortion is intended;
(3) Offender, who must be a physician or midwife, caused or assisted in causing the abortion;
(4) Said physician or midwife took advantage of his or her scientific knowledge or skill.
Article 260
Responsibility of
participants in a duel
(1) Killing one's adversary in a duel;
(2) Inflicting upon such adversary physical injuries;
(3) Making a combat although no physical injuries have been inflicted.
Article 261
Challenging to a duel
Acts punished:
(1) Challenging another tb 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.
Article 262 Mutilation
First act: Intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction.
(a)
There be a castration, that is, mutilation of organs necessary for generation, such as the
penis or ovarium;
(b)
The mutilation is caused purposely and deliberately, that is, to deprive the offended
party of some essential organ for reproduction.
Second act: Intentionally making other mutilation, that is, by lopping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive him of that
part of his body.
(a) The mutilation involves a part of the body, other than an organ for reproduction;
(b) The mutilation is done with a d2liberate purpose of depriving a person of that part of his
body.
47
Article 263
Serious Physical
Injuries
Committed by:
(1) By wounding;
(2) By beating;
(3) By assaulting; or
(4) By administering injurious substance.
Extent of Injuries:
(1)
if in consequence of the physical injuries inflicted, the injured person shall become insane,
imbecile, impotent, or blind;
(2)
if in consequence of the physical injuries inflicted, the person injured shall have lost the
use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or
a leg or shall have lost the use of any such member, or shall have become incapacitated for the
work in which he was theretofore habitually engaged;
(3)
if in consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated for the performance of the work in which he was habitually engaged
for a period of more thar, ninety (90) days;
(4)
if the physical injuries inflicted shall have caused the illness or incapacity for labor of the
injured person for more than thirty (30) days.
Qualifying circumstance:
If the offense shall have been committed against any of the persons enumerated in Article 246, or
with attendance of any of the circumstances mentioned in Article 248,
Article 264
Administering
injurious substances
or bevarage
(1)
Offender inflicted upon another any serious physical injury;
(2)
It was done by knowingly administering to him any injurious substance or beverages or
by taking advantage of his weakness of mind or credulity; (3) He had no intent to kill.
Note: Penalty is considered as that of serious physical injuries; considered as serious physical
injuries
Article 265
Less serious physical
injuries
(1)
Offended party is incapacitated for labor for ten (10) days or more (but not more than
thirty (30) days), or needs medical attendance for the same period of time;
(2)
The physical injuries must not be those described in the preceding articles.
Qualifying circumstance:
If the less serious physical injuries shall be inflicted upon the offender's parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, provided that, in the case
of persons in authority, the deed does not constitute the crime of assault upon such person.
Article 266
Acts punished:
Slight Physical Injuries (1)
Physical injuries which incapacitated the offended party for labor from one (1) to nine (9)
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.
Note: Ill-treatment of another by deed must be without intent to cause dishonor; otherwise it will be
slander by deed.
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Article 266-A
Rape, when and how
committed
First Act:
(1) Offender is a man;
(2) Offender had carnal knowledge of a woman;
(3) Such act is accomplished under any of the following circumstances:
(a)
by using force or intimidation;
(b)
when the woman is deprived of reason or otherwise unconscious;
(c)
by means of fraudulent machination or grave abuse of authority; or (d) when the woman
is under twelve (12) years of age or demented.
Second Act:
(1)
Offender commits an act of sexual assault;
(2)
The act of sexual assault is committed by any of the following means:
(a) by inserting his penis into another person's mouth or anal orifice; or
(b) by inserting any instrument or object into the genital or anal orifice of another person.
(3) The act of sexual assault is accomplished under any of the following circumstances:
(a)
by using force or intimidation; or
(b)
when the woman is derrived of reason or otherwise unconscious; or (c) by
means of fraudulent machination or grave abuse of authority; or (d) when the
woman is under twelve (12) years of age or demented.
Article 266-B Penalties Qualifying circumstances
(1)
Whenever rape is committed with the use of a deadly weapon or by two or more
persons;
(2)
When by reason or on occasion of the rape, the victim has become insane;
(3)
Rape is attempted and homicide is committed by reason of or on occasion thereof; (4)
When by reason or on the occasion of the rape, homicide is committed; (5) When committed with
any of the aggravating/qualifying circumstances:
(a)
when the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree,
or the common-law spouse of the parent of the victim;
(b)
when the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
(c)
when the rape is committed in full view of the spouse, parent, any of the children or other
relatives within the third civil degree of consanguinity;
(d)
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;
(e) when the victim is a child below seven (7) years old;
(f)
when the offender knows that he is afflicted with Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency. Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victim;
(g)
when committed by any member of the Armed Forces of the Philippines or para-military
units thereof or the Philippine National Police or any law enforcement agency or penal institution,
when the offender took advantage of his position to facilitate the commission of the crime; (h)
when by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability;
(i) when the offender knew of the pregnancy of the offended party at the time of the commission
of the crime; and
j) when the offender knew of the mental disability, emotional disorder and/or physical handicap
of the offended party at the time of the commission of the crime.
Note: These circumstances apply both in rape in paragraphs 1 and 2
49
Article 266-D
Presumptions
Article 267
Kidnapping and
Serious Illegal
Detention
Presumptions that may be accepted in the prosecution of rape:
(1)
Any physical over act manifesting resistance against the act of rape in any degree from
the offended party;
(2)
Where the offended party is so situated as to render him/her incapable of giving consent.
(1) Offender is a private individual;
(2) He kidnaps or detains another, or otherwise deprive him of liberty;
(3) The act of detention or kidnapping must be illegal;
(4) That in the commission of the offense, any of the following circumstances are present:
(a)
that the kidnapping/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; or
(d)
that the person kidnapped or detained is a minor, unless if the offender is the parent, a
fenale, or a public officer.
Qualifying circumstances:
(1) If kidnapping is committed for purpose of extorting ransom from the victim or any other person,
even if none of the circumstances above mentioned were present in the commission of the offense;
(2) When the victim is killed, or dies as a consequence of the detention, or is raped or is subjected
to torture or dehumanizing acts.
Notes:
If a woman is abducted or transported from one place to another therefore depriving him of liberty
and is coupled with lewd designs, the crime is forcible abduction. If not coupled by lewd designs,
it is only serious illegal detention.
If a woman is transported to break her will; to compel her to agree to the demand or request by the
offender, the crime is grave coercion.
If the offender is a public officer who has the authority to detain another and did so without legal
grounds, the crime is arbitrary detention.
If the seizure is only to facilitate the killing, the crime would be homicide and murder, as the case
may be.
Article 268
Slight Illegal Detention
(1)
Offender is a private person
(2)
He kidnaps or detains another or in any other manner deprives him of his liberty, or
furnished place for the perpetuation of the crime;
(3)
The act of detention or kidnapping must be illegal;
(4)
The crime is committed without the attendant circumstances enumerated in Article 267.
Privileged Mitigating Circumstance:
If the offender voluntarily releases the person so kidnapped or detained within 3 days from the
commencement of the detention without having attained the purpose intended and before the
institution of criminal proceedings against him.
Article 269 Unlawful
Arrest
(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 or there is no reasonable ground therefor.
Notes:
Unlawful arrests by public officers should be punished as arbitrary detention under Article 124, if he
has the authority to arrest and detain a person, but the arrest is without legal ground.
If person not delivered to the authorities, the private individual making the arrest incurs criminal
liability for illegal detention under Arts. 267 or 268.
50
If the detention is for a legal ground, but the public officer delays delivery of the person to proper
judicial authorities, Article 125 shall apply.
Article 270
Kidnapping and
Failure to Return a
Minor
(1)
That the offender is entrusted with the custody of a minor person (whether over or under
7 but less than 18 years old);
(2)
That he deliberately fails to restore the said minor to his parents.
Notes:
Any of which is absent, it will fall under Article 267.
Article 271
Inducing a Minor to
Abandon his Home
(1)
That the minor is living in the home of his parents or guardian or the person entrusted
with custody;
(2)
That the offender induces a minor to abandon such home.
Article 272 Slavery
(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.
Qualifying circumstance:
If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution)
Article 273
Exploitation of child
labor
Article 274
Services rendered
under compulsion in
payment of debt
Article 275
Abandonment of
person in danger and
abandonment of one’s
own victim
(1)
That 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,
guardian, or person entrusted with the custody of such minor.
(1) That the offender compels a debtor to work for him, either as a 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 debt.
First Act: By failing to render assistance to another 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
(1)
That the place is not inhabited;
(2)
The accused found there a person wounded or in danger of dying; (3) The
accused can render assistance without detriment to himself; and
(4) Accused fails to render assistance.
Second Act: By failing to help or render assistance to another whom the offender has accidentally
wounded or injured;
Third Act: By failing to deliver a child under 7 whom the offender has found abandoned, to the
authorities or his family, or by failing to take him to a safe place.
Article 276
Abandoning a Minor
(1) the offender has custody of the child;
(2) That the child is under 7 years of age;
(3) That he abandons the child;
(4) That he has no intent to kill the child when the latter is abandoned.
Qualifying circumstance:
(1) When the death of the minor resulted from such abandonment;
(2) If the life of the minor was in danger because of the abandonment.
51
Article 277
Abandonment of
Minor by Person
entrusted with his
custody; indifference
of parents
First Act: By delivering a minor to a public institution or other persons without consent of the one
who entrusted such minor to the care of the offender, or, in the absence of that one, without the
consent of the proper authorities.
(a)
Offender has charge of the rearing or education of a minor;
(b)
He delivers said minor to a public institution or other persons;
(c)
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.
Second Act: Neglecting his (offender's) children by not giving them the education which their station
in life requires and financial condition permits.
(a) Offender is a parent;
(b) He neglects his children by not giving them education;
(c) His station in life requires such education and his financial condition permits it.
Article 278
Exploitation of Minors
(1)
Causing any boy or girl under sixteen (16) years of age to perform any dangerous feat of
balancing, physical strength or contortion, the offender being any person;
(2)
Employing children under sixteen (16) years of age who are not the children or
descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal
tamer, the offender being an acrobat, etc., or circus manager or engaged in a similar calling;
(3)
Employing any descendaflt under twelve (12) years of age in dangerous exhibitions
enumerated in the next preceding paragraph, the offender being engaged in any of the said
callings;
(4)
Delivering a child under sixteen (16) years of age gratuitously to any person following any
of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being
an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child;
and
(5)
Inducing any child under sixteen (16) years of age to abandon the home of its ascendants,
guardians, curators or teachers to follow any person engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person.
Article 280
Qualified trespass to
dwelling
(1) Offender is a private person;
(2) He enters the dwelling of another;
(3) Such entrance is against the latter's will.
Qualifying circumstance:
If the offense be committed by means of violence or intimidation.
Note:
If the offence be committed by public officer, and has committed any of the acts in Art. 128, the
crime is violation of domicile.
Not applicable in the following cases:
(1)
Entrance to another’s dwelling made for the purpose of preventing some
serious harm to himself, the occupants of the dwelling, or a third person;
(2)
If the purpose is to render some service to humanity or justice; or (3) Place
is a café, tavern, inn, etc., while the same are open.
Article 281
Other forms of
trespass
(1) Offender enters the closed premises or the fenced estate of another;
(2) The entrance is made while either of them is uninhabited;
(3) The prohibition to enter is manifest;
(4) The trespasser has not secured the permission of the owner or the caretaker thereof.
52
Article 282 Grave
Threats
First Act: Threatening another with the infliction upon his person, honor or property or that of this
family of any wrong amounting to a crime and demanding money or imposing any other condition,
even though not unlawful, and the offender attained his purpose.
(a)
Offender threatens another person with the infliction upon the latter's person, honor or
property, or upon that of the latter's family, of any wrong;
(b)
Such a wrong amounts to a crime;
(c)
There is a demand for money or that any other condition is imposed, even though not
lawful; (d) Offender attains his purpose.
Second Act: Making such threat without the offender attaining his purpose.
(a)
Offender threatens another person with the infliction upon the latter's person, honor or
property, or upon that of the latter's family, of any wrong;
(b)
Such a wrong amounts to a crime;
(c)
There is a demand for money or that any other condition is imposed, even though not
lawful;
(d) Offender does not attain his purpose.
Third Act: Threatening another with the infliction upon his person honor or property or that of his
family of any wrong amounting to a crime/ the threat not being subject to a condition.
(a) Offender threatens another person with the infliction upon the latter's person, honor or property,
or upon that of the latter's family, of any wrong; (b) Such a wrong amounts to a crime;
(c) The threat is not subject to a condition.
Qualifying circumstance:
If the threat be made in writing or through a middleman
Note:
The danger in grave threats is not instantly imminent; if the danger is imminent and the obtainment
of gain or demand immediate, the crime is robbery.
Article 283 Light
Threats
(1) Offender makes a threat to commit a wrong;
(2) The wrong does not constitute a crime;
(3) There is a demand for money or that other condition is imposed, even though not unlawful;
(4) Offender has attained his purpose or, that he has not attained his purpose.
Note:
Common difference between grave and light threats is that in light threats, the threat to commit a
wrong does not constitute a crime.
Article 285 Other
Light Threats
Acts Punished:
(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.
53
Article 286 Grave
Coercion
(1)
A person prevented another from doing something not prohibited by law, or he compelled
him to do something against his will, be it right or wrong;
(2)
The prevention or compulsion be effected by violence, threats or intimidation; and
(3)
The person that restrained the will and liberty of another had net the authority of law or
the right to do so, or in other words, that the restraint shall not be made under authority of law or in
the exercise of any lawful right.
Qualifying circumstances:
If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose
of compelling another to perform any religious act or to prevent him from exercising such right or
so doing such act.
Article 287 Light
Coercion
(1)
Offender must be a creditor;
(2)
He seizes anything belonging to his debtor:
(3)
The seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation;
(4)
The purpose of the offender is to apply the same to the payment of the debt.
Unjust vexation:
No violence or intimidation but involves any conduct which unjustly annoy or vex an innocent
person. If the second element in Article 286 is absent, the same is unjust vexation.
Article 288
Other Similar
Coercions
First Act: Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or
compelling of the laborer or employee of the offender to purchase merchandise of commodities of
any kind from him.
(a) Offender is any person, agent or officer of any association or corporation;
(b) He or such firm or corporation has employed laborers or employees;
(c) He forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any
of his or its laborers or employees to purchase merchandise or commodities of any kind from him
or from said firm or corporation;
Second Act: Paying the wages due his laborer or employee by means of tokens or object other
than the legal tender currency of the Philippines, unless expressly requested by such laborer or
employee.
(a)
Offender pays the wages due a laborer or employee employed by him by means of tokens
or object;
(b)
Those tokens or objects are other than the legal tender currency of the Philippines;
(c)
Such employee or laborer does not expressly request that he be paid by means of tokens
or objects.
Article 289
Formation,
maintenance, and
prohibition of
combination of capital
or labor through
violence or threats
Article 290
Discovering secrets
through seizure of
correspondence
(1)
Offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work;
(2)
The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employers.
(1)
Offender is a private individual or a public officer not in the exercise of his official
function;
(2)
He seizes the papers or letters of another;
(3)
The purpose is to discover the secrets of such another person; (4) Offender is informed
of the contents of the papers or letters seized.
Qualifying circumstances:
54
If the offender shall reveal such secrets
Article 291
(1) Offender is a manager, employee or servant;
Revealing secrets with (2) He learns the secrets of his principal or master in such capacity;
abuse of office
(3) He reveals such secrets.
Article 292
Revelation of
industrial secrets
Article 293 Robbery
in General
Article 294
Robbery with
Violence against or
intimidation of
persons
(1)
Offender is a person in charge, employee or workman of a manufacturing or industrial
establishment;
(2)
The manufacturing or industrial establishment has a secret of the industry which the
offender has learned;
(3)
Offender reveals such secrets;
(4)
Prejudice is caused to the owner.
(1) There is personal property belonging to another;
(2) There is unlawful taking of that property;
(3) The taking must be with intent to gain; and
(4) There is violence against or intimidation of any person, or force upon anything.
Acts Punished:
(1)
when by reason or on occasion of the robbery, the crime of homicide shall have been
committed, or when the robbery shall have been accompanied by rape or intentional mutilation or
arson;
(2)
when or if by reason or on occasion of such robbery, any of the physical injuries penalized
in subdivision 1 of Article 263 shall have been inflicted;
(3)
when by reason or on occasion of the robbery, any of the physical injuries penalized in
subdivision 2 of said Article 263 shall have been inflicted;
(4)
if the violence or intimidation employed in the commission of the robbery shall have been
carried to a degree clearly unnecessary for the commission of the crime, or when in the course of
its execution, the offender shall have inflicted upon any person not responsible for its commission
any of the physical injuries covered by subdivisions 3 and 4 of sald Article 263;
(5) in other cases.
Article 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.
Qualifying circumstances, Art. 294, pars. 3-5:
(1)
in an uninhabited place;
(2)
by a band;
(3)
by attacking a moving train, street car, motor vehicle, or airship;
(4)
by entering the passengers' compartments in a train, or in any manner taking the
passengers thereof 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.
55
Article 296 Band
(1)
He was a member of the band;
(2)
He was present at the commission of a robbery by that band; (3) The
other members of the band committed an assault;
(4) He did not attempt to prevent the assault.
Notes:
When more than three armed malefactors take part in the commission of robbery, it shall be
deemed to have been committed by a band.
The penalty to be imposed upon all of the malefactors shall be the maximum when any of the arms
used in the commission of the offense be an unlicensed firearm.
Article 297
Attempted and
frustrated robbery
committed under
certain circumstances
(1) There is an attempted or frustrated robbery; (2)
A homicide is committed on the same occasion.
Article 298
Execution of deeds by
means of violence or
intimidation.
(1) Offender has intent to defraud another;
(2) Offender compels him to sign, execute, or deliver any public instrument or document;
(3) The compulsion is by means of violence or intimidation.
Article 299
Robbery in an
inhabited house or
public
building or edifice
devoted to worship.
Notes:
This is a special complex crime.
When the crime is robbery with frustrated homicide, Article 48 applies (People v. Cagongon)
First Act: Article 29 (a):
(a) Offender entered an inhabited house, public building or edifice devoted to religious worship; (b)
The entrance was effected by any of the following means:
(i) through an opening not intended for entrance or egress;
(ii) by breaking any wall, roof or floor, or breaking any door or window;
(iii) by using false keys, picklocks or similar tools; or
(iv) by using any fictitious name or pretending the exercise of public authority.
(c) Once inside the building, offender took personal property
belonging to another with intent to gain.
Second Act: Article 299 (b):
(a)
Offender is inside a dwelling house, public building, or edifice devoted to religious worship,
regardless of the circumstances under which he entered it;
(b)
Offender takes personal property belonging to another, with intent to gain, under any of
the following circumstances:
(i)
by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle; or
(ii)
by taking such furniture or objects away to be broken or forced open outside the place of
the robbery.
Qualifying circumstance:
If committed in an uninhabited place and by a band (Art. 300).
Article 301
Dependencies to be part of inhabited house:
(1) Must be contiguous to the building;
(2) Must have interior entrance connected therewith; and
(3) Must form part of the whole.
56
Article 302
Robbery in an
uninhabited place or in
a private building
(1)
Offender entered an uninhabited place or a building which was not a
dwelling house, not a public building, or not an edifice devoted to religious
worship;
(2)
Any of the following circumstances was present:
(a)
the entrance was effected through an opening not intended for entrance or egress;
(b)
a wall, roof, floor, or outside door or window was broken;
(c)
the entrance was effected through the use of false keys, picklocks or other similar tools;
(d) a door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or (e) a
closed or sealed receptacle was removed, even if the same be broken open elsewhere.
(3) Offender took therefrom personal property belonging to another with intent to gain.
Mitigating circumstance:
When the robbery consists in the taking of cereals, fruits, or firewood (applies to both Art. 299 and
302).
Article 304
Possession of
Picklock or similar
tools
(1) Offender has in his possession picklocks or similar tools;
(2) Such picklock or similar tools are specially adopted to the commission of robbery;
(3) Offender does not have lawful cause for such possession.
Qualifying circumstance:
If the offender be a locksmith.
Article 305 False
Keys
Deemed to Include:
(1)
The tools mentioned in the next preceding articles;
(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.
Article 306 Brigandage (1)
There are least four (4) armed persons;
(2)
They formed a band of robbers; (3) The purpose is any of
the following:
(a)
to commit robbery in the highway;
(b)
to kidnap persons for the purpose of extortion or to obtain ransom; or (c) to
attain by means of force and violence any other purpose.
Notes:
If any of the arms carried by any of said persons be an unlicensed firearm, it shall be presumed
that said persons are highway robbers or brigands, and in case of conviction, the penalty shall be
imposed in the maximum period.
Article 307
Aiding or abetting a
band of brigands
Article 308 Theft
(1) There is a band of brigands;
(2) Offender knows the band to be of brigands;
(3) Offender does any of the following acts:
(a)
He in any manner aids, abets or protects such band of brigands;
(b)
He gives them information of the movements of the police or other peace officers of the
government; or
(c)
He acquires or receives the property taken by such brigands.
Acts Punished:
(1)
Those who with intent to gain, but without violence against or intimidation of persons nor
force upon things, take personal property of another without the latter's consent;
(2)
Those who having found lost property, fails to deliver the same to the local authorities or
to its owner;
(3)
Those who, after having maliciously damaged the property of another, remove or make
use of the fruits or objects of the damage caused by them;
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(4) Those who enter an enclosed estate or a field where trespass is forbidden or which belongs to
another and, without the consent of its owner, hunt or fish upon the same or gather fruits, cereals
or other forest or farm products.
Elements:
(1)
There is taking of personal property;
(2)
The property taken belongs to another;
(3)
The taking was done with intent to gain;
(4)
The taking was done without the consent of the owner;
(5)
The taking is accomplished without the use of violence against or intimidation of persons
or force upon things.
Article 310 Qualified
Theft
Anti-Fencing Law
Article 312 Usurpation
(1)
Committed by a domestic servant;
(2)
Committed with grave abuse of confidence;
(3)
The property stolen is a motor vehicle, mail matter, or large cattle;
(4)
The property stolen consists of coconuts taken from the premises of a plantation; (5)
The property stolen is fish taken from a fishpond or fishery; or
(6) If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident, or civil disturbance.
(1)
A crime of robbery or theft has been committed;
(2)
Accused, who is not a principal or accomplice in the crime, buys, receives, possesses,
keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any article,
item, object, or anything of value, which has been derived from the proceeds of said crime;
(3)
The accused knows or should have known that said article, item, object or anything of
value has been derived from the proceeds of the crime of robbery or theft; and
(4)
There is on the part of the accused, intent to gain for himself or another.
(1)
Offender takes possession of any real property or usurps any real rights in property;
(2)
The real property or real rights belong to another;
(3)
Violence against or intimidation of persons is used by the offender in occupying real
property or usurping real rights in property; (4) There is intent to gain.
Notes:
The penalty shall be that incurred for the acts of violence executed by him.
Article 313
Altering boundaries or
landmarks
Article 314 Culpable
Insolvency
(1) There are bowndary marks or monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same; (2) Offender alters said boundary marks.
(1) Offender is a debtor, that is, he has obligations due and payable;
(2) He absconds with his property;
(3) There is prejudice to his creditors.
Notes:
Penalty is higher if the offender is a merchant.
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Article 315 Theft
Elements, in general:
(1)
Accused defrauded another by abuse of confidence or by means of deceit;
(2)
Damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person.
I. Estafa with unfaithfulness or abuse of confidence Estafa
with unfaithfulness (Art. 315(1)(a):
(1) Offender has an onerous obligation to deliver something of value; (2)
He alters its substance, quantity, or quality;
(3) Damage or prejudice is caused to another.
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Elements of estafa with abuse of confidence (Art. 315(1)(b):
(1)
Money, goods, or other personal property is received by the offender is 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)
There is misappropriation or conversion of such money or property by the offender, or
denial on his part of such receipt;
(3)
Such misappropriation or conversion or denial is to the prejudice of another; and
(4)
There is a demand made by the offended party to the offender.
Elements of estafa by taking undue disadvantage of the signature in blank (Art. 315(1)©:
(1)
The paper with the signature of the offended party is in blank;
(2)
Offended party delivered it to the offender;
(3)
Above the signature of the offended party a document is written by the offender without
authority to do so;
(4)
The document so written creates a liability of, or causes damage to, the offended party
or any third person.
II. Estafa by means of false pretenses or fraudulent acts
(1) Offender employs any of the following false pretenses, fraudulent acts or fraudulent means: (a)
using fictitious name; falsely pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions; or by means of other similar deceits;
(b)
altering the quality, fineness, or weight of anything pertaining to his art or business;
(c)
pretending to have bribed any government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against the offender;
(d)
postdating a check, or issuing a check in payment of an obligation when the offender had
no funds or insufficient funds in the bank;
(e)
obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefore, with intent to
defraud the proprietor or manager thereof; or by obtaining credit at the aforesaid Establishments
by the use of any false pretense; or by abandoning or surreptitiously removing any part of his
baggage from said establishments after obtaining credit, food, refreshment, or accommodation
therein without paying for his food, refreshment or accommodation.
III. Estafa by means of fraudulent means
Elements of estafa by inducing another to sign any document Art. 315(3)(a):
(1)
Offender induced the offended party to sign a document;
(2)
Deceit be employed to make him sign the document; (3) Offended
party personally s1gned the document;
(4) Prejudice be cause.
Elements of estafa by resorting to some fraudulent practice to insure success gambling (Article
315(3)(b):
(1) Offender participates in a gambling game;
(2) He resorts to some fraudulent practice to insure success at the gambling game.
Elements of estafa by removing, concealing or destroying documents (Art. 315(3)(c):
(1) There be court record, office files, documents or any other papers; (2)
Offender removed, concealed or destroyed any of them;
(3) Offended had intent to defraud another.
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Article 316
Other forms of
swindling
First Act: By conveying/ selling/ encumbering/ or mortgaging any real property pretending to be the
owner of the same.
(a)
There is an immovable, such as a parcel of land or a building;
(b)
Offender who is not the owner represents himself as the owner thereof;
(c)
Offender executes an act of ownership such as selling, leasing, encumbering or
mortgaging the real property;
(d)
The act is made to the prejudice to the owner or a third person.
Second Act: By disposing of real property as free from encumbrance/ although such encumbrance
be not recorded.
(a)
The thing disposed is a real property:
(b)
Offender knew that the real property was encumbered, whether the encumbrance is
recorded or not;
(c)
There must be express representation by offender that the real property is free from
encumbrance;
(d)
The act of disposing of the real property is made to the damage of another.
Third Act: By wrongfully taking by the owner of his personal property from its lawful possessor.
(a) Offender is the owner of personal property;
(b) Said personal property is in the lawful possession of another;
(c) Offender wrongfully takes it from its lawful possessor;
(d) Prejudice is thereby caused to the possessor or third person.
Fourth Act: By executing any fictitious contract to the prejudice of another.
(a) Offender executes a contract;
(b) Contract is fictitious; (c)
Prejudice is caused.
Fifth Act: By accepting any compensation for services not rendered or for labor not
performed. (a) Offender accepts any compensation for services or labor; (b) He did not render
any services or perform any labor.
Sixth Act: By selling/ mortgaging or encumbering real property or properties with which the offender
guaranteed the fulfillment of his obligation as surety.
(a)
Offender is a surety in a bond given in a criminal or civil action;
(b)
He guaranteed the fulfillment of such obligation with his real property or properties;
(c)
He sells, mortgages, or in any manner encumbers said real property;
(d)
Such sale, mortgage or encumbrance is without express authority from the court, or
made before the cancellation of his bond, or before being relieved from the obligation contracted
by him.
Article 317 Swindling
a Minor
Article 318 Other
deceits
(1)
Offender takes advantage of the inexperience or emotions or feelings of a minor;
(2)
He induces such minor to (a) assume an obligation or (b) to give release or (c) to
execute a transfer of any property right;
(3)
The consideration is some loan of money, credit or other personal property;
(4)
The transaction is to the detriment of such minor.
Acts Punished:
(1) Defrauding or damaging another by any other deceit not mentioned in the preceding articles;
(2) Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the
credulity of the public in any other similar manner, for profit or gain.
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Article 319 Chattel
Mortgage
First Act: Knowingly removing any personal property mortgaged under the Chattel Mortgage Law
to any province or city other than the one in which it was located at the time of execution of the
mortgage, without the written consent of the mortgagee or his executors, administrators or assigns.
(a)
Personal property is mortgaged under the Chattel Mortgage Law;
(b)
Offender knows that such property is so mortgaged;
(c)
Offender removes such mortgaged 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;
(d)
The removal is permanent;
(e)
There is no written consent of the mortgagee or his executors, administrators or assigns
to such removal.
Second Act: Selling or pledging personal property already pledged or any part thereof under the
terms of the Chattel Mortgage Law without the consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the office of the register of deeds of the province
where such property is located.
(a)
Personal property is already pledged under the terms of the Chattel Mortgage Law;
(b)
Offender, who is the mortgagor of such property, sells or pledges the same or any part
thereof; (c) There is no consent of the mortgagee written on the back of the mortgage and noted
on the record thereof in the office of the register of deeds.
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Arson
Destructive Arson:
(1)
One (1) or more buildings or edifices, consequent to one single act of burning, or as result
of simultaneous burnings, or committed on several or different occasions;
(2)
Any building of public or private ownership, devoted to the use of the public in general, or
where people usually gather or congregated for a definite purpose such as but not limited to official
governmental function or business, private transaction, commerce, trade, worship, meetings and
conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels,
transient dwellings, public conveyance or stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building or edifice at the time it is set on fire, and
regardless also of whether the building is actually inhabited or not.
(3)
Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or
convenience, or public use, entertainment or leisure.
(4)
Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.
(5)
Any building, the burning of which is for the purpose of concealing or destroying evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or
to collect from insurance.
(6)
Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance
storehouse, archives or general museum of the government.
(7)
In an inhabited place, any storehouse or factory of inflammable or explosive materials (Art.
320, RPC, as amended by RA 7659).
Other cases of arson:
if the property burned is any of the following:
(1)
Any building used as offices of the government or any of its agencies;
(2)
Any uninhabited house or dwelling;
(3)
Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
(4)
Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or
forest; (5) Any rice mill, cane mill or mill central; and
(6) Any railway or bus station, airport, wharf or warehouse (Sec. 3, PD 1613).
Special Aggravating circumstances:
(1)
If committed with intent to gain;
(2)
If committed for the benefit of another;
(3)
If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
(4)
If committed by a syndicate (Sec. 4, PD 1613).
The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or
more persons.
Where death results from arson, penalty of reculsion perpetua shall be imposed.
Prima facie evidence of arson
(1)
If the fire started simultaneously in more than one part of the building or establishment.
(2)
If substantial amount of flammable substances or materials are stored within the building
not necessary in the business of the offender nor for household use.
(3)
Gasoline, kerosene, petroleum or other flammable or combustible substances or materials
soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins
or premises of the burned building or property.
(4)
If the building or property is insured for substantially more than its actual value at the time
of the issuance of the policy.
(5)
If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or insured.
(6) If shortly before the fire a substantial portion of the effects insured and stored in building or
property had been withdrawn from the premises except in the ordinary course of business.
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(7) If a demand for money or other valuable consideration was made before the fire in exchange
for the desistance of the offender or for the safety of other person or property of the victim (Sec. 6,
PD 1613).
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Article 324
Crimes involving
Destruction
Article 327 Malicious
Mischief
Article 328
Special cases of
malicious mischief
(1) The offender causes destruction;
(2) Destruction is caused by any of the following means:
(a)
explosion;
(b)
discharge of electric current;
(c)
inundation, sinking or stranding of a vessel, or intentional damaging of the engine of said
vessel;
(d)
taking up the rails from a railway track;
(e)
maliciously changing railway signals for the safety of moving trains;
(f)
destroying telegraph wires and telegraph posts, or those of any other system;
(g)
using other agency or means of destruction as effective as those above mentioned.
(1) Offender deliberately caused damage to the property of another;
(2) Such act does not constitute arson or other crimes involving destruction;
(3) The act of damaging another's property was committed merely for the sake of damaging it;
(1)
Causing damage to obstruct the performance of public functions;
(2)
Using any poisonous or corrosive substance;
(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.
Note: Other mischiefs not included in the next preceding article is punished under Article 329.
Article 330
Damage and
obstruction to means
of communication
Article 331
Destroying or
damaging statues,
public monuments, or
paintings
Article 332
Persons exempt from
criminal liability
Acts punished:
(1) Who shall damage any railway, telegraph or telephone lines;
(2) Any derailment of cars, collision, or other accident
Acts punished:
(1) Destroying or damaging statues or any other useful or ornamental public monument;
(2) Destroying or damaging any useful or ornamental painting of a public nature.
Crimes Involved:
(1) Theft;
(2) Estafa; and
(3) Malicious mischief.
Persons exempt:
(1)
Spouse, ascendants and descendants, or relatives by affinity in the same line;
(2)
Widowed spouse with respect to the property which belonged to the deceased spouse
before the same passed into the possession of another;
(3)
Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
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Article 333 Adultery
(1) The woman is married;
(2) She has sexual intercourse with a man not her husband;
(3) As regards the man with whom she has sexual intercourse, he must know her to be married.
Mitigating circumstance:
If the person guilty of adultery committed this offense while being abandoned without justification
by the offended spouse.
Article 334
Concubinage
(1) The man is married; (2)
He is either:
(a) keeping a mistress in the conjugal dwelling;
(b)
having sexual intercourse under scandalous circumstances with a woman who is not his
wife; or
(c)
cohabiting with a woman who is not his wife in any other place.
(3) As regards the woman, she knows that the man is married.
Article 336
(1) Offender commits any act of lasciviousness or lewdness;
Acts of lasciviousness (2) The act of lasciviousness is committed against a person of either sex;
(3) It is done under any of the following circumstances:
(a) by using force or intimidation;
(b) when the offended party is deprived or reason of otherwise unconscious; or
(c) by means of fraudulent machination or grave abuse of authority; or
(d) when the offended party is under twelve (12) years of age or is demented.
Notes:
When there is no lewd designs, it could only be unjust vexation.
If acts of lasciviousness is coupled with intention to lie with the offended woman, then it could be
attempted rape.
Article 337 Qualified
Seduction
First Act: Seduction of a virgin over twelve (12) years and under eighteen (18) years of age by
certain person such as a person in authority, priest, teacher.
(a) Offended party is a virgin, which is presumed if she is unmarried and of good reputation;
(b) She is over twelve (12) and under eighteen (18) years of age;
(c) Offender has sexual intercourse with her;
(d) There is abuse of authority, confidence or relationship on the part of the offender.
Second Act: Seduction of a sister by her brother, or descendant by her ascendant, regardless of
her age or reputation.
(a) Offended party need not be a virgin or she may be over eighteen (18) years of age;
(b) Offender has sexual intercourse with her;
(c) Offender is her brother or ascendent by consanguinity, whether legitimate or illegitimate.
Note:
Penalty in second act is higher
If circumstances to qualify rape is present, then the crime would be rape.
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Article 338 Simple
Seduction
(1)
Offender party is over twelve (12) and under eighteen (18) years
of age;
(2)
She is of good reputation, single or widow; (3) Offender has
sexual intercourse with her;
(4) It is committed by means of deceit.
Note:
If there is no sexual intercourse, the crime is acts of lasciviousness under Art. 339.
Article 339
Acts of
lasciviousness with
consent of the
offended party
Article 340 Corruption
of Minors
Article 341 White
Slave Trade
Article 342 Abduction
(1)
Offender commits acts of lasciviousness or lewdness;
(2)
The acts are committed upon a woman who is a virgin or single or widow of good
reputation, under eighteen (18) years of age but over twelve (12) years, or a sister or descendant,
regardless of her reputation or age;
(3)
Offender accomplishes the acts by abuse of authority, confidence, relationship, or
deceit.
(1) Offender promotes or facilitates the prostitution or corruption of persons under age; (2)
Purpose is to satisfy the lust of another.
(1) Engaging in the business of prostitution;
(2) Profiting by prostitution;
(3) Enlisting the services of women for the purpose of prostitution.
(1) The person abducted is any woman, regardless or her age, civil status, or reputation; (2)
The abduction is against her will;
(3) The abduction is with lewd designs.
Note:
If the abduction is not motivated by lewd designs, the crime is kidnapping under Article 267.
Article 343
Consented Abduction
Article 345
Civil Liability of
persons guilty of
crimes against
chastity
(1) Offended pa1ty is a virgin;
(2) She is over twelve (12) and under eighteen (18) years of age;
(3) Offender takes her away with her consent, after solicitation or cajolery;
(4) The taking away is with lewd designs.
(1) Persons guilty of rape, seduction or abduction, shall also be sentenced
to:
(a)
indemnify the offended woman;
(b)
acknowledge the offspring, unless the law should prevent him from so doing; (c)
support the offspring, in every case.
(2) The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages
caused to the offended spouse.
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Article 347
Simulation of births,
substitution of one
child
for another, and
concealment or
abandonment of a
legitimate child.
Article 348
Usurpation of civil
status
Acts Punished:
(1)
Simulation of births;
(2)
Substitution of one child for another;
(3)
Concealing or abandoning any legitimate child with intent to cause such child to lose its
civil status.
Acts Punished:
A person usurp the civil status of another
Qualifying circumstance:
Usurpation for the purpose of defrauding the offended party or his heirs.
Article 349 Bigamy
Article 350 Illegal
Marriage
(1)
Offender has been legally married;
(2)
The marriage has not been legally dissolved or, in case his or her spouse is absent, the
absent spouse could not yet be presumed dead according to the Civil Code;
(3)
He contracts a second or subsequent marriage;
(4)
The second or subsequent marriage has all the essential requisites for validity.
(1) Offender contracted marriage;
(2) He knew at the time that:
(a) the requirements of the law were not complied with;
(b) the marriage was in disregard of a legal impediment.
Qualifying circumstance:
If either of the contracting parties shall obtain the consent of the other by means of violence,
intimidation, or fraud
Article 351 Premature
Marriage
Article 352
Performance of illegal
marriage ceremony
Persons liable:
(1)
A widow who is married within three hundred one (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 who, her marriage having been annulled or dissolved, married before her
delivery or before the expiration of the period of three hundred one (301) days after the date of
the legal separation
Person liable:
Priests or ministers of any religious denomination or sect, or civil
authorities.
Penalty:
In accordance with the Marriage Law
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Article 353 Libel
(1)
There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstance;
(2)
The imputation must be made publicly;
(3)
It must be malicious;
(4)
The imputation must be directed at a natural or juridical person, or one who is dead;
(5)
The imputation must tend to cause the dishonor, discredit or contempt of the person
defamed.
Article 354
Requirement for
publicity
Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention
and justifiable motive for making it is shown.
Exceptions:
(a)
A private communication made by any person to another in the performance of any legal,
moral or social duty;
(b)
A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, 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.
Notes:
The exception is called privileged communications
Article 355
Libel by means of:
Libel by means of (1) Writing;
writings or similar
(2) Printing;
means
(3) Lithography;
(4) Engraving;
(5) Radio;
(6) Photograph;
(7) Painting;
(8) Theatrical exhibition;
(9) Cinematographic exhibition; or
(10) Any similar means.
Article 356
Threatening to publish
and offer to prevent
such
publication for a
compensation
Article 357
Prohibited publication
of acts referred to in
the course of official
proceedings
Article 358 Slander
Acts punished:
(1)
Threatening another to publish a libel concerning him, or his parents, spouse, child, or
other members of his family;
(2)
Offering to prevent the publication of such libel for compensation or money
consideration.
(1) 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.
Kinds of slander:
(1) Simple slander;
(2) Grave slander, when it is of a serious and insulting nature.
Notes:
Slander is libel committed by oral (spoken) means, instead of writing. It is now understood to define
as speaking of base and defamatory words which tend to prejudice another in his reputation, office,
trade, business, or means of livelihood (People v. Villanueva).
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Article 359 Slander
by deed
Article 360
Persons Responsible
for Libel
Article 361 Proof
of the truth
Article 362 Libelous
Remarks
Article 363
Incriminating innocent
persons
Article 364
Intriguing Against
Honor
(1) Offender performs any act not included in any other crime against honor;
(2) Such act is performed in the presence of other person or persons;
(3) Such act casts dishonor, discredit or contempt upon the offended party.
Persons liable:
(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 or editor of a book or pamphlet;
(3)
The editor or business manager of a daily newspaper, magazine or serial publication.
Proof of truth admissible in:
(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 act or omission does not
constitute a crime, provided, it is related to the discharge of his official duties.
Libelous remarks or comments connected on matters privileged, if
made with malice in fact, do not exempt the author or editor.
(1) Offender performs an act;
(2) By such an act, he incriminates or imputes to an innocent person the commission of a crime;
(3) Such act does not constitute perjury.
Notes:
This article is limited to acts of planting evidence and the like, which do not in themselves constitute
false prosecutions but tend to directly to cause false prosecutions.
(1) Offender disseminates any intrigue;
(2) Its principal purpose to blemish the honor or reputation of a person
Note:
The gravamen of the offense is dissemination of intrigue; the source or the author of the derogatory
information cannot be determined and the defendant borrows the same. It constitutes slander if
the author or source of the derogatory information is known and definite.
Article 365
Imprudence and
Negligence
The crime is also committed by means consisting some tricky and secret plot, otherwise could be
defamation, which is public.
Acts punished:
(1)
Committing through reckless imprudence any act which, had it been intentional, would
constitute a grave or less grave felony or light felony.
(2)
Committing through simple imprudence or negligence an act which would otherwise
constitute a grave or a less serious felony.
(3)
Causing damage to the property of another through reckless imprudence or simple
imprudence or negligence.
(4)
Causing through simple imprudence or negligence some wrong which, if done maliciously,
would have constituted a light felony.
Elements, reckless imprudence:
(1) Offender does or fails to do an act;
(2) The doing of or the failure to do that act is voluntary;
(3) It be without malice;
(4) Material damage results;
(5) There is inexcusable lack of precaution on the part of the offender taking into consideration:
(a) his employment or occupation;
(b) degree of intelligence and physical condition;
70
(c) other circumstances regarding persons, time and place.
Elements, simple imprudence:
(1) There is lack of precaution on the part of the offender;
(2) The damage impending to be cause is not immediate or the danger is not clearly manifest.
Qualifying circumstance:
If the offender who fails to lend on the spot to the injured parties such help as may be in his hands
to give.
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