“The only time you should ever look back is to see how far you've come.”
1
-방탄소년단
CRIMES AGAINST PERSONS
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
Cases of Parricide when the penalty
shall not be reclusion perpetua to death:
(KA-FMCADS)
ART. 246
PARRICIDE
1.
2.
3.
That a person is killed;
That the deceased is killed by the accused; and
That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or other legitimate ascendant or
descendant, or the legitimate spouse, of the accused.
1.
2.
3.
Parricide through negligence (Art.
365);
Parricide by mistake (Art. 49); and
Parricide
under
exceptional
circumstances (Art. 247).
NOTES/OTHERS
Parricide is a crime based on relationship.
The relationship must be legitimate
except in case of parents and children. The
relationship must be in the direct line. The
relationship must be by blood except in
legitimate spouses. Relationship is the
essential element.
The relationship must be alleged.
However, relationship must be considered
aggravating even if not alleged in the
information.
Adoptive parents and adopted children are
not included.
(MaPa-KiS-Not)
ART. 247
DEATH OR
PHYSICAL
INJURIES
INFLICTED
UNDER
EXCEPTIONAL
CIRCUMSTANCES
1.
2.
3.
Persons who are not entitled to the
benefits of Art. 247 (PFC)
That a legally married person or a parent surprise his
spouse or his daughter, the latter under 18 years of age and
living with him, in the act of committing (actual act)
sexual intercourse with another person;
That he kills any or both of them, or inflicts upon any or
both of them any serious physical injury, in the act or
immediately thereafter; and
That he has not promoted or facilitated the prostitution of
his wife or daughter, or that he has not consented to the
infidelity of the other spouse.
(KAQN)
ART. 248
MURDER
1.
2.
3.
4.
That a person was killed;
That the accused killed him;
That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248; and
That the killing is not parricide or infanticide.
1.
2.
3.
Any person who shall promote the
prostitution of his wife or daughter;
Any person who shall facilitate the
prostitution of his wife or daughter;
and
Any person who shall consent to the
infidelity of the other spouse.
(TPICEC)
1. With treachery, taking advantage of
superior strength, with aid of armed
men, or employing means to weaken
the defense, or of means or persons to
insure or afford impunity (ta2wi);
2. In consideration of price, reward or
promise;
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
VALISNOTES | 22-23
This article applies only when the
daughter is single and under 18 years
old. She is deemed under parental
authority.
There must be sexual intercourse,
meaning vaginal penetration by the
penis. This does not include merely
sleeping on the same bed.
Treachery; Elements (PC)
1.
2.
At the time of the attack, the victim
was not in a position to defend
himself; and
The accused consciously and
deliberately adopted the particular
means, methods, or forms of attack
employed by him.
“The only time you should ever look back is to see how far you've come.”
2
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
4.
5.
6.
QUALIFYING
CIRCUMSTANCES/OTHERS
railroad, fall of an airship, by means
of motor vehicles, or with the use of
any other means involving great waste
and ruin (ifpe-s2dam-g);
On occasion of any calamities
enumerated in the
preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic, or any other public
calamities (evcep);
With evident premeditation; and
With cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim or outraging or scoffing
at his person or corpse.
NOTES/OTHERS
With Evident Premeditation; Elements:
(TAS)
1.
2.
3.
Rules for the application of the
circumstances which qualify the killing
to murder
1.
2.
3.
ART. 249
HOMICIDE
Only one qualifying circumstance
described in Art. 248 is necessary to
qualify the offense as murder.
▪ Where there is more than 1
QC present, only 1 will
qualify the killing. The rest
shall be considered as GAC.
When the other circumstances are
absorbed or included in one
qualifying circumstance, they cannot
be considered as GAC.
Any of the QCs enumerated in Art.
248 must be alleged in the
information.
Treachery and evident premeditation are
inherent in murder by means of poison
and, as such, they cannot be considered as
aggravating.
There can be no crime of attempted or
frustrated homicide through reckless
imprudence. The element of intent to kill
in attempted or frustrated homicide is
(KWIN)
1.
The time when the offender has
determined to commit the crime;
An act manifestly indicating that the
culprit has clung to his determination;
and
A sufficient interval of time between
the determination and the execution
of the crime has lapsed to allow him
to reflect upon the consequences of
his act.
That a person was killed;
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
3
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
2.
3.
4.
That the accused killed him without any justifying
circumstance;
That the accused had the intention to kill, which is
presumed; and
That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or
infanticide.
ART. 251
DEATH CAUSED
IN A
TUMULTUOUS
AFFRAY
3.
4.
5.
6.
incompatible
imprudence.
with
negligence
or
Persons liable:
(SNAKAS)
1.
2.
NOTES/OTHERS
That there be several persons;
That they did not compose of groups organized for the
common purpose of assaulting and attacking each other
reciprocally;
▪ Otherwise, they may be held liable as coconspirators.
That these several persons quarreled and assaulted one
another in a confused and tumultuous manner;
That someone was killed in the course of the affray;
That it cannot be ascertained who actually killed the
deceased; and
That the person or persons who inflicted serious physical
injuries or who used violence can be identified.
1.
2.
The persons who inflicted the serious
physical injuries are liable; or
If it is not known who inflicted the
serious physical injuries on the
deceased – ALL the persons who used
violence upon the person of the victim
are liable, but with lesser liability.
This exists when at least 4 persons are
involved in the crime committed
The person killed in the course of the
affray need not be one of the participants
in the affray.
(TSRV)
1.
2.
ART. 252
PHYSICAL
INJURIES
INFLICTED IN A
TUMULTUOUS
AFFRAY
3.
4.
That there is a tumultuous affray as referred to in Art. 251;
That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only;
▪ The injured person or victim must be a
participant in the affray.
That the person responsible therefore cannot be
identified; and
That all those who appear to have used violence upon the
person of the offended party are known.
▪ Only those who used violence are punished,
because if the one who cause the physical
injuries is known, he will be liable for all the
physical injuries actually committed, and not
under this article.
VALISNOTES | 22-23
In case of physical injuries inflicted in
tumultuous affray, the law specifies that
he must be a participant.
“The only time you should ever look back is to see how far you've come.”
4
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
A person who attempts to commit suicide
is not criminally liable even if an innocent
3rd person is hurt or killed or property is
damaged.
PUNISHABLE ACTS (AL)
ART. 253
GIVING
ASSISTANCE TO
SUICIDE
1.
2.
If a person wants to jump from a bridge
but is afraid to do so and asks another to
shove him off, if the latter does so, he shall
be liable under this article. If, however,
such person is teetering on the bridge,
taking his time to think he shall jump, and
the offender voluntarily pushed him, the
latter’s act is not just assisting but murder
qualified by treachery.
Assisting another to commit suicide, whether the suicide
is consummated or not; and
Lending his assistance to another to commit suicide to the
extent of doing the killing himself.
(DN)
ART. 254
DISCHARGE OF
FIREAMS
1.
2.
Check R.A. No. 11926
Amendment
That the offender discharges a firearm against or at
another person; and
That the offender has no intention to kill that person.
Only the mother and the maternal
grandparents of the child are entitled to
the mitigating circumstance of concealing
the mother’s dishonor.
(KLA)
ART. 255
INFANTICIDE
1.
2.
3.
The delinquent mother who claims to be
concealing dishonor must be of good
reputation and good morals in order thar
concealing dishonor may mitigate her
liability.
That a child was killed;
That the deceased child was less than 3 days (72 hours) of
age; and
That the accused killed the said child.
Can be committed by any person.
Treachery is inherent in infanticide.
PUNISHABLE ACTS: (VCC)
(PVDI)
ART. 256
INTENTIONAL
ABORTION
1.
2.
3.
That there is a pregnant woman;
That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon such
pregnant woman;
That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused, the
1.
2.
Using any violence upon the person of
the pregnant woman;
Acting, without using violence and
without the consent of the woman by
administering drugs or beverages
upon such pregnant woman without
her consent; and
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
5
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
4.
fetus dies, either in the womb or after having been
expelled therefrom; and
That the abortion is intended.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
Acting, with the consent of the
pregnant woman, by administering
drugs or beverages.
NOTES/OTHERS
Persons liable:
1.
2.
The person who intentionally caused
the abortion under Art. 256; and
The pregnant woman if she consented
under Art. 258.
There is no crime of frustrated
unintentional abortion in view of the lack
of intention to cause an abortion.
(PWVD)
ART. 257
UNINTENTIONAL
ABORTION
1.
2.
3.
4.
That there is a pregnant woman;
That violence is used upon such pregnant woman without
intending an abortion;
That the violence is intentionally exerted; and
▪ Violence refers to actual physical force.
That as a result of the violence, the fetus dies, either in the
womb or after having been expelled therefrom.
Unintentional abortion can be committed
only though violence.
The woman herself cannot commit
unintentional abortion because it is always
committed by violence inflicted upon a
pregnant woman.
There is no unintentional abortion when
the pregnant woman commits suicide
because this crime requires physical
violence committed by another person.
AIC[(pop)]
ART. 258
ABORTION
PRACTICED BY
THE WOMAN
HERSELF OR HER
PARENTS
1.
2.
3.
That there is a pregnant woman who has suffered an
abortion;
That the abortion is intended; and
That the abortion is caused by:
a. The pregnant woman herself;
▪ She is liable in all 3 instances provided
in this provision.
b. Any other person, with her consent; or
▪ Third person is liable under Art. 256(3).
VALISNOTES | 22-23
Liability of the pregnant woman is
mitigated if her purpose is to conceal her
dishonor.
There is no mitigation for parents of the
pregnant woman even if the purpose is to
conceal dishonor in abortion, unlike in
infanticide.
“The only time you should ever look back is to see how far you've come.”
6
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
c.
NOTES/OTHERS
Any of her parents, with her consent, for the
purpose of concealing her dishonor.
▪ If the parents acted with the pregnant
woman’s consent, to conceal dishonor, they
are liable under this provision.
▪ If there is no consent, or if it for a different
purpose (not to conceal dishonor) they are
liable under Art. 256(3).
(AIPA)
1.
ART. 259
ABORTION
PRACTICED BY A
PHYSICIAN OR
MIDWIFE IN
DISPENSING OF
ABORTIVES
2.
3.
4.
That there is a pregnant woman who has suffered an
abortion;
That the abortion is intended;
That the offender, who must be a physician or midwife,
causes, or assists in causing the abortion; and
That said physician or midwife take advantage of his or
her scientific knowledge or skill.
Persons liable:
1.
2.
ELEMENTS AS TO PHARMACISTS: (PND)
A physician or midwife who, taking
advantage
of
their
scientific
knowledge or skill, shall cause an
abortion or assist in causing an
abortion.
A pharmacist who, without proper
prescription from a physician, shall
dispense any abortive.
It is not necessary that the abortive was
actually used.
It is immaterial that the pharmacist
knows that the abortive would be used
for abortion. If he knew that the abortive
would be used to cause an abortion and
abortion resulted from the use thereof, the
pharmacist would be an accomplice in the
crime of abortion.
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician; and
3. That the offender dispenses any abortive.
(P2W)
ART. 260
RESPONSIBILITY
OF
PARTICIPANTS IN
A DUEL
1.
2.
3.
There must be a previous agreement to engage in a fight;
There must be 2 or more seconds for each combatant; and
The weapons to be used and other terms of the fight must
be agreed upon by the said seconds.
1.
Punishable Acts: (KIM)
Killing one’s adversary in a duel;
Inflicting upon such adversary physical injuries; and
Making a combat by merely entering into a duel although
no physical injuries have been inflicted.
Punishable Acts: (CIS)
2.
1.
2.
1.
2.
1.
2.
3.
ART. 261
CHALLENGING
TO A DUEL
Persons liable:
Challenging another to a duel;
Inciting another to give or accept a challenge to a duel;
and
The person who killed or inflicted
physical injuries upon his adversary
or both combatants in any other case,
as principals; and
The seconds, as accomplices.
Persons liable:
Challenger; and
Instigators
VALISNOTES | 22-23
The mere act of engaging in a duel, even
without killing or inflicting physical
injuries on the adversary, just by entering
into a duel, makes the offender criminally
liable.
A
challenge
to
fight,
without
contemplating a duel, is not challenging to
a duel. The person making the challenge
must have in mind a formal combat to be
concerted between him and the one
“The only time you should ever look back is to see how far you've come.”
7
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
3.
Scoffing or decrying another publicly for having refused
to accept a challenge to fight a duel.
Punishable Acts: (CM)
1.
2.
ART. 262
MUTILATION
challenged in the presence of two or more
seconds.
Castration: By intentionally mutilating another by
depriving him, either totally or partially, of some essential
organ for reproduction.
Mayhem: By 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 the body.
Vasectomy is not mutilation. Although it
denies a man his power of reproduction,
such procedure does not deprive him,
“either totally or partially, of some
essential organ for reproduction.”
If the accused intentionally used violence
upon the victim without intent to
mutilate, but as a consequence, parts of
his body was mutilated, the crime
committed is serious physical injuries.
ELEMENTS OF CASTRATION: (GP)
a.
That there be castration, that is, mutilation of organs
necessary for generation, such as penis or ovarium; and
b. That the mutilation is caused purposely and deliberately,
that is, to deprive the offended party of some essential
organ for reproduction.
Punishable Acts:
1.
2.
When the injured person becomes insane, imbecile,
impotent or blind (i3b) as a consequence of the physical
injuries inflicted.
a. Loses the use of speech or the power to hear or smell,
or lose an eye, a hand, a foot, an arm, or a leg (shs-ehfal);
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of the
physical injuries inflicted.
ART. 263
SERIOUS
PHYSICAL
INJURIES
3.
Blindness must be complete. It must be
both eyes. If only one is blind, the injury
will be covered by subdivision number 2.
Qualifying Circumstances
1.
When the injured person:
When the person injured (dmu-90):
a. Becomes deformed;
2.
Offense committed against the
persons enumerated in the crime of
parricide (FMCADS).
With the attendance of any of the
circumstances mentioned in the
article defining the crime of murder
(TPICEC).
However, the “qualified penalties” are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement.
REQUISITES: (UPC)
i.
ii.
NOTES/OTHERS
Physical ugliness;
Permanent and definite abnormality; and
VALISNOTES | 22-23
Loss of power to hear must be both ears; if
one ear only, such injury falls under
paragraph 3.
A scar produced by an injury constitutes
deformity within the meaning of
paragraph 3 of this article.
In paragraphs 2 and 3, the offended party
must have a vocation or work at the time
of the injury. The term “work” includes
studies or preparation for a profession.
If a robbery is committed and the injured
person suffers those enumerated under
numbers 3 and 4, the crime/s committed
is/are:
“The only time you should ever look back is to see how far you've come.”
8
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
iii. Conspicuous and visible.
b.
c.
d.
4.
1.
Loses any other member of his body;
Loses the use thereof; or
Becomes ill or incapacitated for the performance
of the work in which he was habitually engaged
for MORE than 90 days, in consequence of the
physical injuries inflicted.
2.
1.
2.
3.
Where the category of the offense of
serious physical injuries depends on the
period of illness or incapacity for labor,
there must evidence of the length of such
period; otherwise, the offense shall only
be slight physical injuries.
It is frustrated murder if there was intent
to kill, the injurious substance to be
considered as poison.
That the offender inflicted upon another any serious
physical injury;
That it was done by knowingly administering to him any
injurious substances or beverages or by taking advantage
of his weakness of mind or credulity; and
That he had no intent to kill.
1.
(IN)
ART. 265
LESS SERIOUS
PHYSICAL
INJURIES
1.
2.
Special complex crime of robbery
with serious physical injuries – if
the injured person is not responsible
for the robbery.
Separate crimes of robbery and
serious physical injuries – if the
injured person is a robber.
There must be no intent to kill; otherwise,
the crime would be attempted or frustrated
homicide, parricide, or murder, as the case
may be.
When the injured person becomes ill or incapacitated for
labor for more than 30 days (but must not be more than 90
days), as a result of the physical injuries inflicted.
(SKaNo)
ART. 264
ADMINISTERING
INJURIOUS
SUBSTANCE OR
BEVERAGES
NOTES/OTHERS
The offended party is incapacitated for labor for 10 days
or more but not more than 30 days, or needs medical
attendance for the same period; and
The physical injuries must not be those described in the
preceding articles.
2.
A fine not exceeding P50,000, in
addition to arresto mayor, shall be
imposed for less serious physical
injuries when: (I2)
a. There is manifest intent to
insult or offend the injured
person; or
b. There are circumstances
adding ignominy to the
offense; and
A higher penalty is imposed when the
victim is either: (PAGCT-RA)
VALISNOTES | 22-23
If the accused did not know of the
injurious nature of the substances he
administered, he shall not be liable under
this article.
The law includes 2 subdivisions:
1.
2.
The inability for work; and
The necessity for medical attendance.
Therefore, although the wound required
medical attendance for only 2 days, if the
injured party was prevented from
attending to his ordinary labor for a period
of 29 days, the physical injuries sustained
are denominated as less serious.
“The only time you should ever look back is to see how far you've come.”
9
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
a. The
offender’s
parent,
ascendant, guardian, curator,
or teacher; or
b. Persons of rank or persons in
authority provided the crime
is not direct assault.
ELEMENTS/PUNISHABLE ACTS
Punishable Acts: (INI)
1.
ART. 266
SLIGHT
PHYSICAL
INJURIES AND
MALTREATMENT
2.
3.
1.
Example: Any physical violence which
does not produce injury, such as slapping
the face of the offended party, without
causing a dishonor.
Physical injuries which incapacitated the offended party
for labor from 1 to 9 days, or required medical attendance
during the same period;
Physical injuries which did not prevent the offended party
from engaging in his habitual work or which did not
require medical attendance; and
Ill-treatment of another by deed without causing any
injury.
▪ It refers to any act that produces pain on the
victim however there is no wound, there is no
injury inflicted by the accused on the said victim.
Although the victim suffered pain, there is a no
wound, there is no injury.
RAPE BY SEXUAL INTERCOURSE
When there is no evidence of actual injury,
it is only slight physical injuries.
Physical Injuries is a formal crime. It has
no attempted and frustrated stages.
Supervening event converting the crime
into serious physical injuries after the
filing of the information for slight physical
injuries can still be subject of amendment
or of a new charge.
Qualifying Circumstances:
1.
Special complex crime
a. Attempted rape with
homicide
b. Rape with homicide
2.
As to age
a. When the victim is a
child below 7 years old;
and
b. When the victim is
under 18 years of age
and the offender is a
parent, ascendant, stepfather, guardian, relative
by consanguinity or
affinity within the 3rd
civil degree, or the
ELEMENTS: ([MCA(fdfu)]
1.
2.
ART. 266-A
RAPE
3.
That the offender is a man;
That the offender had carnal knowledge of a woman;
and
That such act is accomplished under any of the
following circumstances:
a. By using force, threat or intimidation;
b. When the woman is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or
grave abuse of authority; or
d. When the offended party is under sixteen
(16) years of age or is demented, even
though none of the circumstances mentioned
above be present: Provided, That there shall
NOTES/OTHERS
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
10
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
be no criminal liability on the part of a
person having carnal knowledge of another
person under sixteen (16) years of age when
the age difference between the parties is not
more than three (3) years, and the sexual act
in question is proven to be consensual, nonabusive, and non-exploitative: Provided,
further, That if the victim is under thirteen
(13) years of age, this exception shall not
apply.
2.
QUALIFYING
CIRCUMSTANCES/OTHERS
common law spouse of
the parent of the victim.
3.
AFP-PNP, Place and Position
a. When the victim is
under the custody of the
police
or
military
authorities of any law
enforcement or penal
institution; and
b. When committed by any
member of the AFP or
para-military
units
thereof of the PNP or
any law enforcement
agency
or
penal
institution,
when
offender took advantage
of his position to
facilitate
the
commission of the
crime.
4.
Presence of other persons
a. When rape is committed
in full view of the
spouse, parent, or any
other children or other
relatives within the 3rd
civil
degree
of
consanguinity; and
b. When rape is committed
with the use of a deadly
weapon or by 2 or more
persons.
5.
Knowledge of the offenders
a. When the victim is a
religious engaged in
legitimate
religious
vocation or calling and
RAPE THROUGH SEXUAL ASSAULT
ELEMENTS: [ASM(mi)A(fdfu)]
1.
2.
3.
4.
Committed by any person and that the offended party
is also any person;
That the offender commits an act of sexual assault;
That 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;
and
The act of sexual assault is attended by any of the
following circumstances:
a. By using force, threat or intimidation;
b. When the woman is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or
grave abuse of authority; or
d. When the offended party is under sixteen
(16) years of age or is demented, even
though none of the circumstances mentioned
above be present: Provided, That there shall
be no criminal liability on the part of a
person having carnal knowledge of another
person under sixteen (16) years of age when
the age difference between the parties is not
more than three (3) years, and the sexual act
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
11
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
in question is proven to be consensual, nonabusive, and non-exploitative: Provided,
further, That if the victim is under thirteen
(13) years of age, this exception shall not
apply.
QUALIFYING
CIRCUMSTANCES/OTHERS
is personally known to
be such by the offender
before or at the time of
the commission of the
crime;
b. When the offender
knows that he is
afflicted
with
HIV/AIDS or any other
sexually
transmitted
disease and the virus or
disease is transmitted to
the victim;
c. When the offender
knew of the pregnancy
of the offended party at
the
time
of
the
commission of the
crime; and
d. When the offender
knew of the mental
disability,
emotional
disorder and/or physical
disability
of
the
offended party at the
time of the commission
of the crime.
6.
R.A. No. 11926
AN ACT
PENALIZING
As to result
a. When by reason or
occasion of rape, the
victim has become
insane; and
b. When by reason or on
the occasion of the rape,
the victim has suffered
permanent
physical
mutilation or disability.
Amended Art. 254 of the RPC: 2. Article 254 of the same
Act is also hereby amended to read
“ART. 254. Discharge of Firearms. –
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
12
-방탄소년단
CRIME
WILFUL AND
INDISCRIMINATE
DISCHARGE OF
FIREARMS,
AMENDING FOR
THE PURPOSE
ACT NO. 3815, AS
AMENDED,
OTHERWISE
KNOWN AS THE
REVISED PENAL
CODE
R.A. NO. 7610
AN ACT
PROVIDING FOR
STRONGER
DETERRENCE
AND SPECIAL
PROTECTION
AGAINST CHILD
ABUSE,
EXPLOITATION
AND
DISCRIMINATION,
AND FOR OTHER
PURPOSES
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
(a) Any person who shall shoot at another with any
firearm shall suffer the penalty of prisión correccional in its
minimum and medium periods, unless the facts of the case are
such that the act can be held to constitute frustrated or
attempted parricide, murder, homicide, or any other crime for
which a higher penalty is prescribed by any of the articles of
this Code.
(b) Any person who shall willfully and
indiscriminately discharge any firearm or other device that
may not have been designed as firearm, but can be functionally
used as a firearm, shall suffer the penalty of arresto mayor in
its maximum period, unless the facts of the case can be held to
constitute any other offense for which a higher penalty is
prescribed.
(c) If the person who commits the offense provided
in this Article is a member of the military and military
auxiliary agencies, or law enforcement agencies, authorized to
bear firearms and such discharge is not in the performance of
official duties, the penalty one degree higher than that
prescribed above shall be imposed and the offender may be
held administratively liable.
In addition to the penalties imposed herein, any firearm hence
or permit issued in favor of the offender shall be summarily
cancelled, and the offender shall be perpetually disqualified
from being granted any firearm license or permit.
Persons Liable:
1.
Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to the
following:
a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child
prostitute by written or oral advertisements or
other similar means;
c. Taking advantage of influence or relationship to
procure a child as a prostitute;
d. Threatening or using violence towards a child to
engage him/her as a prostitute; or
VALISNOTES | 22-23
CHILD
PROSTITUTION
AND
OTHER SEXUAL ABUSE
Children whether male or female, who for
money, profit or other consideration or
due to the coercion or influence of any
adult syndicate or group, indulge in sexual
intercourse or lascivious conduct are
deemed
to be children exploited in prostitution and
other sexual abuse (Sec. 5).
There is also a crime of attempted child
prostitution under. Sec. 5pars. (a) and (b)
of R.A. No. 7610 (Sec. 6).
“The only time you should ever look back is to see how far you've come.”
13
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
e.
2.
3.
Giving monetary consideration, goods other
pecuniary benefit to a child with the intent to
engage such child in prostitution;
Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sex |abuse; and
Those who derive profit or advantage therefrom, whether
as manager or owner, of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover
or which engages in prostitution in addition to the activity
for which the license has been issued to said establishment
(Sec. 5).
There is an attempt to commit child trafficking:
1.
2.
3.
4.
When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by the
Department of Social Welfare and Development or
written permit or justification from the child's parents or
legal guardian;
When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for
the purpose of child trafficking;
When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-caring institutions who
can be offered for purpose of child trafficking (Sec. 8).
Obscene Publication and Indecent Shows; Persons Liable:
1.
Any person who shall hire, employ, use, persuade, induce
or coerce a child to perform in obscene exhibitions and
indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell
or distribute the said materials; and
VALISNOTES | 22-23
NOTES/OTHERS
There is an attempt to commit child
prostitution when any person who, not
being a relative of a child, is found alone
with the said child inside the room or
cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar
establishments, vessel, vehicle or any
other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the child
is about to be exploited in prostitution and
other sexual abuse (Sec. 5, par. a).
There is also an attempt to commit child
prostitution when any person is receiving
services from a child in a sauna parlor or
bath, massage clinic, health club and other
similar establishments (Sec. 5, par. b).
CHILD TRAFFICKING
Any person who shall engage in trading
and dealing with children including, but
not limited to, the act of buying and selling
of a child for money, or for any other
consideration, or barter (Sec. 7)
Under section 5(b) of RA 7610, if the
victim of rape is a child under 12 years of
age, the said victim of rape or acts of
lasciviousness is a child under 12 years of
age, he shall be prosecuted for rape
under the RPC and for acts of
lasciviousness under the RPC. However,
the penalty should be reclusion
temporal to reclusion perpetua. If,
however, the crime committed is acts of
lasciviousness and the victim is under 12
years of age, the penalty is reclusion
temporal in its medium period.
“The only time you should ever look back is to see how far you've come.”
14
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
2.
Any ascendant, guardian or person entrusted in any
capacity with care of a child who shall cause and/or allow
such child to be employed or to participate in an obscene
play, scene, act, movie or show in any other acts (Sec. 9).
Acts Punishable under Section 28 and 29
1.
R.A. NO. 10591
COMPREHENSIVE
FIREARMS AND
AMMUNITION
REGULATION
ACT
2.
1.
2.
3.
R.A. NO. 9262
ANTI-VIOLENCE
AGAINST WOMEN
AND THEIR
CHILDREN ACT
OF 2004
The penalty becomes higher if it is in
relation to R.A. No. 7610.
Unlawful acquisition or possession of firearms and
ammunition (Sec. 28).
Use of loose firearm, when inherent in the commission of
a crime, shall be considered as an aggravating
circumstance (Sec. 29).
The use of a loose firearm, when inherent in the commission
of a crime punishable under the RPC or other special laws,
shall be considered as an aggravating circumstance. The intent
of the Congress is to treat the offense of illegal possession of
firearm and the commission of homicide or murder with the
use of unlicensed firearm as a single offense.
ELEMENTS: (ReHaS)
The offender has or had a sexual or dating relationship
with the offended woman;
The offender, by himself or through another, commits an
act or series of acts of harassment against the woman; and
The harassment alarms or causes substantial emotional or
psychological distress to her.
Loose Firearm
It refers to an unregistered firearm, an
obliterated or altered firearm, firearm
which has been lost or stolen, illegally
manufactured
firearms,
registered
firearms in the possession of an individual
other than the licensee and those with
revoked licenses in accordance with the
rules and regulations.
Physical Violence
It refers to acts that include bodily harm.
Sexual Violence
It is an act which is sexual in nature;
includes but is not limited to:
1.
2
Violence Committed Against: (Wi Re-CoC)
Violence against women and their children is any act or
series of acts committed by any person against a woman who
is his:
1.
2.
3.
4.
5.
Wife;
Former wife;
A woman with whom the person has or had a sexual or
dating relationship;
A woman with whom he has a common child; or
Against her child, whether legitimate or illegitimate,
within or without the family abode which result in or is
likely to result in physical, sexual psychological harm or
suffering, or economic abuse including threats of such
NOTES/OTHERS
2.
Rape, sexual harassment, acts of
lasciviousness, treating a woman or
her child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim’s body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to do
indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the conjugal
home or sleep together in the same
room with the abuser;
Acts causing or attempting to cause
the victim to engage in any sexual
VALISNOTES | 22-23
Punishable Acts (TAPA-IC3E)
The crime of violence against women and
their children is committed through any of
the following acts:
1.
2.
3.
4.
Threatening to cause the woman or
her child physical harm;
Attempting to cause the woman or her
child physical harm;
Placing the woman or her child in fear
of imminent physical harm; and/or:
Attempting to compel or compelling
the woman or her child to engage in
conduct which the woman or her child
has the right to desist from or desist
from conduct which the woman or her
child has the right to engage in, or
attempting to restrict or restricting the
woman's or her child's freedom of
movement or conduct by force or
threat of force, physical or other harm
or threat of physical or other harm, or
“The only time you should ever look back is to see how far you've come.”
15
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty (Sec. 3, par. a).
Acts included under Sec. 3:
3.
1.
2.
3.
4.
Physical violence;
Sexual violence;
Psychological violence; and
Economic abuse.
QUALIFYING
CIRCUMSTANCES/OTHERS
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
and/or
Prostituting the woman or child.
Psychological Violence
It refers to acts or omissions causing or
likely to cause mental or emotional
suffering of the victim such as but not
limited to:
1.
2.
3.
4.
5.
6.
Harassment;
Intimidation;
Stalking;
Repeated verbal abuse;
Damage to property;
Right to custody and/or visitation of
common children’s unlawful or
unwanted deprivation.
7. Mental infidelity;
8. Public ridicule or humiliation;
9. Causing or allowing the victim to
witness the physical, sexual or
psychological abuse of a member of
the family to which the victim
belongs;
10. Witness pornography in any form;
and/or
11. Witness abusive injury to pets.
Economic Abuse
It refers to acts that make or attempt to
make a woman financially dependent
which includes, but is not limited to the
following:
1.
Withdrawal of financial support or
preventing the victim from engaging
in any legitimate
profession,
occupation, business, or activity,
VALISNOTES | 22-23
NOTES/OTHERS
5.
6.
7.
8.
intimidation directed against the
woman or child;
Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
Causing physical harm to the woman
or her child;
Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not
constitute rape, by force or threat of
force, physical harm, or through
intimidation directed against the
woman or her child or her/his
immediate family;
Causing mental or emotional anguish,
public ridicule or humiliation to the
woman or her child, including but not
limited to, repeated verbal and
emotional abuse, and denial of
financial support or custody of minor
children of access to the woman’s
child/children; and
9. Engaging
in
purposeful,
knowing, or reckless conduct,
personally or through another
that alarms or causes substantial
emotional or psychological
distress to the woman or her
child.
“The only time you should ever look back is to see how far you've come.”
16
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
except in cases wherein the other
spouse/partner objects on valid,
serious, and moral grounds as defined
in Art. 73 of the FC.
Deprivation or threat of deprivation of
financial resources and the right to the
use and enjoyment of the conjugal,
community or property owned in
common;
Destroying household property; and
4. Controlling the victims own
money and property; and/or
solely controlling the conjugal
money or properties.
NOTES/OTHERS
Punishable Acts: (P5-CHEW-FEK)
1.
2.
3.
R.A. NO. 9775
ANTI-CHILD
PORNOGRAPHY
ACT OF 2009
4.
5.
6.
7.
8.
To produce, direct, manufacture or create any form of
child pornography;
To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
To possess any form of child pornography with the intent
to sell, distribute, publish, or broadcast: Provided, that
possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast; For a parent, legal guardian or person having
custody or control of a child to knowingly permit the child
to engage, participate or assist in any form of child
pornography;
To possess any form of child pornography;
To conspire to commit any of the prohibited acts stated in
this Section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission
of any of. the said prohibited acts and decide to commit it;
To hire, employ, use, persuade, induce or coerce a child
to perform in the creation or production of any form of
child pornography;
To engage in the luring or grooming of a child;
To willfully access any form of child pornography;
Child
A person who is below eighteen (18) years
of age or over, but is unable to fully take
care of himself/herself from abuse,
neglect,
cruelty,
exploitation
or
discrimination because of a physical or
mental disability or condition. A child
shall also refer to:
1.
2.
A person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
Computer-generated, digitally or
manually crafted images or graphics
of a person who is represented or who
is made to appear to be a child as
defined herein (Sec. 3, par. a).
VALISNOTES | 22-23
CHILD PORNOGRAPHY
It is any representation, whether visual,
audio, or written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means of child
engaged or involved in real or simulated
explicit sexual activities (Sec. 3, par. b).
Syndicated Child Pornography
Child pornography is deemed committed
by a syndicate if carried out by a group of
three (3) or more persons conspiring or
confederating with one another (Sec. 5).
“The only time you should ever look back is to see how far you've come.”
17
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
9.
For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
10. To engage in pandering of any form: of child
pornography; and
11. To knowingly, willfully and intentionally provide a venue
for the commission of prohibited acts as, but not limited
to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business (Sec.
4).
HAZING
It is an act that results in physical or
psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant,
or member as part of an initiation rite or
practice made as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, sorority, or
organization (Sec. 2, Par. a).
ELEMENTS: (ESP)
Hazing is a crime when:
1.
R.A. NO. 8049, AS
AMENDED BY R.A.
NO. 11053
ANTI-HAZING
LAW
2.
A person is placed in some embarrassing or humiliating
situation or subjected to physical or psychological
suffering or injury; and
These acts were employed as a prerequisite for the
person’s admission or entry into an organization.
Punishable Acts: (PFAC)
1.
2.
3.
4.
Participation in the hazing;
Failure to prevent the hazing from occurring despite
actual knowledge thereof:
Actual planning of the hazing; and
Cooperation in carrying out the hazing by inducing the
victim to be present thereat (R.A. No. 8049, Sec. 4).
Hazing shall also include any activity,
intentionally
made or otherwise, by one person alone or
acting with others, that tends to humiliate
or embarrass, degrade, abuse, or endanger,
by requiring a recruit, neophyte, applicant,
or member to do menial, silly, or foolish
tasks (R.A. No. 11053, Sec. 2 amending
R.A. No. 8049, Sec. 1).
The consent of the victim to be injured
shall not be a defense in hazing. The very
act of inflicting physical or psychological
pain is a punishable act. Death is just an
aggravating circumstance.
The presence of "any person” (i.e. whether
or not member of the fraternity/sorority)
during the hazing is prima facie evidence
of participation therein as a principal,
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
18
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
unless he prevented the commission of the
prohibited acts.
The mitigating circumstance that there
was no intention to commit so grave a
wrong shall not apply (Sec. 4, par. e).
TORTURE
It refers to an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as:
1.
2.
3.
R.A. NO. 9745
ANTI-TORTURE
ACT
Obtaining from him/her or a third person information or a
confession;
Punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
Intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a person in
authority or agent of a person in authority (Sec. 3, par. a).
Punishable Acts:
Acts of Torture, which shall include, but not limited to the
following (Sec. 4):
1.
Physical torture
Is a form of treatment or punishment inflicted by a person
in authority or agent of a person in authority upon another
in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body,
such as:
a. Systematic beating, head banging, punching,
kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the
stomach;
b. Food deprivation or forcible feeding with spoiled
food, animal or human excreta, and other stuff or
substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated
rods, hat oil, acid; by the rubbing of pepper or
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
19
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
other chemical substances on mucous
membranes, or acids or spices directly on the
wound(s);
e. The submersion of the head in water or water
polluted with excrement, urine, vomit, and/or
blood until the brink of suffocation:
f. Being tied or forced to assume fixed and stressful
bodily position;
g. Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the
teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as
sunlight and extreme cold;
l. The use of materials like plastic bag and others
placed over the head to the point of asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory, alertness, or will of a
person, such as administration of drugs to induce
confession and/or reduce mental competency;
use of drugs to induce extreme pain or certain
symptoms of a disease; and
n. Other analogous acts of physical torture (Sec. 4,
Par. a).
2.
Mental or Psychological Torture
Acts committed by a person in authority or agent of a
person in authority which are calculated to affect or
confuse the mind and/or undermine a person’s dignity and
morale, such as:
a.
b.
c.
Blindfolding;
Threatening a person(s) or his/her relative(s)
with bodily harm, execution or other wrongful
acts;
Confinement in solitary cells or secret detention
places;
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
20
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
d.
e.
f.
g.
h.
i.
j.
o.
p.
Prolonged interrogation;
Preparing a prisoner for a “show trial”, public
display or public humiliation of a detainee or
prisoner;
Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed;
Maltreating a member/s of a person’s family;
Causing the torture sessions to be witnessed by
the person’s family, relatives or any third party;
Denial of sleep/rest;
Shame infliction such as stripping the person
naked, parading him/her in public places,
shaving the victim’s head or putting marks on
his/her body against his/her will;
Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
Other analogous acts of mental/psychological
torture (Sec. 4, par. b.).
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
21
-방탄소년단
CRIMES AGAINST PERSONAL LIBERTY
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHALE ACTS
NOTES/OTHERS
When the victim is a minor and the
accused is any of the parents, the penalty
is that provided for in Art. 271, Par. 2.
(PPKI-MoST-MFP)
1.
2.
ART. 267
KIDNAPPING
AND SERIOUS
ILLEGAL
DETENTION
ART. 268
SLIGHT ILLEGAL
DETENTION
3.
4.
That the offender is:
a. A private individual who is not any of the parents
of the victim nor a female; or
b. A public officer who has no duty under the law
to detain a person;
That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty;
That the act of detention or kidnapping must be illegal;
and
That in the commission of the offense, any of the
following circumstances us present: (MoST-MFP)
a. That the kidnapping or detention lasts for more
than 3 days;
b. That it is committed simulating public authority;
c. That any serious physical injuries are inflicted
upon the person kidnapped or detained or threats
to kills him are made; or
d. That the person kidnapped or detained is a minor,
female, or a public official.
(PriKIW)
1.
When maximum of the penalty is
imposed: (RakRaT)
1.
2.
3.
4.
If the purpose is to extort ransom;
When the victim is killed or dies as a
consequence of the detention;
When the victim is raped; or
When the victim is subjected to
torture or dehumanizing acts.
Elements of Kidnapping for Ransom
1.
2.
3.
Intent on the part of the accused to
deprived the victim of his liberty
Actual deprivation of the victim of his
liberty; and
Motive of the accused, which is
extorting random for the release of the
victim.
Liability if mitigated when: (RPC)
That the offender is a private individual;
VALISNOTES | 22-23
A public officer (such as a policeman) who
has a duty under the law to detain a person
but does so without legal ground is liable
for arbitrary detention (Art. 124). Thus, a
public officer who has no legal duty to
detain a person may be prosecuted for
illegal detention and kidnapping.
Ransom: It is the money, price, or
consideration paid or demanded for
redemption of a captured person or
persons; it is a payment that releases from
captivity the person captured.
SCC of Kidnapping with Homicide:
Regardless of whether the killing was
purposely sought or was merely an
afterthought, the kidnapping and murder
or homicide can no longer be complexed
under Art. 48 nor be treated as separate
crimes, but shall be punished as a special
complex crime under the last paragraph of
Art. 267; as amended by R.A. No. 7659.
However, if the person killed is not the
kidnap victim, it shall be treated as a
separate crime of homicide or murder, as
the case may be. If such third person is a
policeman rescuing the victim, the other
crime will be direct assault with homicide
because the policeman is an agent of a
person in authority.
When the victim is female, the detention is
under Art. 267; voluntary release is not
mitigating there.
“The only time you should ever look back is to see how far you've come.”
22
-방탄소년단
CRIME
ELEMENTS/PUNISHALE ACTS
2.
3.
4.
That he kidnaps or detains another, or in any manner
deprives him of his liberty;
That the act of kidnapping or detention is illegal; and
That the crime committed is without the attendance of the
circumstances enumerated in Art. 267.
1.
2.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
The offender voluntarily released 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.
(ADU)
ART. 269
UNLAWFUL
ARREST
1.
2.
3.
That the offender arrests or detains another person;
That the purpose of the offender is to deliver him to the
proper authorities; and
That the arrest or detention is unauthorized by law or there
is no reasonable ground therefore.
NOTES/OTHERS
Liability of accomplice in Slight ID: The
same penalty if reclusion temporal shall be
incurred by anyone who shall furnish the
place for the perpetration of the crime. His
participation is raised to that of a real coparticipant. If the crime is under Art. 267,
he is a mere accomplice unless there was
accomplice.
The offender is any person, whether
public officer or a private individual
However, the public officer must not be
vested with the authority to arrest or detain
a person or must not act in his official
capacity. Otherwise, Art. 124 (AD) is
applicable and not Art. 269.
The important factor is the intent to deliver
the person to the proper authorities.
(CF)
ART. 270
KIDNAPPING OF
MINORS
1.
2.
This may also be committed by the mother
or father of the child when they are living
separately and the minor’s custody is
entrusted with one of them.
That the offender is entrusted with the custody of a minor
person (less than 18 years old); and
That he deliberately fails to restore the said minor to his
parents or guardian.
(LI)
1.
ART. 271
INDUCING A
MINOR TO
ABANDON HIS
HOME
ART. 272
SLAVERY
2.
That a minor (less than 18 years old) is living in the home
of his parents or guardian or the person entrusted with his
custody; and
That the offender induces said minor to abandon such
home.
- Inducement must be:
o Actual;
o Committed with criminal intent; and
o Determined by a will to cause damage.
(PE)
The father and mother may commit crimes
under Arts. 270 and 271 – where they are
living separately and the custody of the
minor children has been given to one of
them.
It is not necessary that the minor actually
abandons the home.
Qualifying Circumstance
VALISNOTES | 22-23
The purpose must be determined. If the
purpose is to enslave the victim, it is
slavery; otherwise, it is kidnapping or
illegal detention.
“The only time you should ever look back is to see how far you've come.”
23
-방탄소년단
CRIME
ELEMENTS/PUNISHALE ACTS
1.
That the offender purchases, sells, kidnaps or detains a
human being; and
2. That the purpose of the offender is to enslave such human
being.
(RAD)
ART. 273
EXPLOITATION
OF CHILD LABOR
ART. 274
SERVICES
RENDERED
UNDER
COMPULSION IN
PAYMENT OF
DEBT
QUALIFYING
CIRCUMSTANCES/OTHERS
When the purpose of the offender is to
assign the offended party to some immoral
traffic.
That the offender retains a minor in his service;
That it is against the will of the minor; and
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.
(CAR)
NOTES/OTHERS
1.
2.
3.
1.
2.
3.
That the offender compels a debtor to work for him, either
as household servant or farm laborer;
That it is against the debtor’s will; and
That the purpose is to require or enforce the payment of a
debt.
VALISNOTES | 22-23
There is no violation of this article if a
debtor is compelled to work as an office
janitor because this Article specifically
provides that the debtor is compelled to
work as a household servant or farm
laborer.
“The only time you should ever look back is to see how far you've come.”
24
-방탄소년단
CRIMES AGAINST SECURITY
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Punishable Acts: (UWA)
1.
ART. 275
ABANDONMENT
OF PERSONS IN
DANGER AND
ABANDONMENT
OF ONE’S OWN
VICTIM
ART. 276
ABANDONING A
MINOR
ART. 277
ABANDONMENT
OF MINOR
Uninhabited Place
It is determined by possibility of a person
receiving assistance from another. The
place may still be considered uninhabited
in legal contemplation even if there are
many houses around but the possibility of
receiving assistance is remote.
By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in
danger of dying when he can render such assistance
without detriment to himself, unless such omission shall
constitute a more serious offense.
ELEMENTS: (UDWA)
a. The place is uninhabited;
b. The accused found there a person wounded or in
danger of dying;
c. The accused can render assistance without
detriment to himself; and
d. The accused fails to render assistance
Number 2 applies only when someone is
accidentally injured by the accused. If a
person intentionally stabs or shoots
another who is wounded and he does not
render assistance, that person is not liable
under this article
2.
By failing to help or render assistance to another who the
offender has accidentally wounded or injured; and
The child under 7 years of age must be
found in an unsafe place.
3.
By failing to deliver a child under 7 years of age whom the
offender has found abandoned, to the authorities or to his
family, or failing to take him to a safe place.
It is immaterial that the offender did not
know that the child is under 7 years.
(CSAN)
Qualifying Circumstances: (DL)
1.
1.
2.
3.
That the offender has the custody of a child; That the child
is under seven years of age;
That he abandons such child; and
That he has no intent to kill the child when the latter is
abandoned.
2.
When the death of the minor resulted
from such abandonment; or
If the life of the minor was in danger
because of the abandonment.
Punishable Acts: (DN)
VALISNOTES | 22-23
The law penalizes mere abandonment of a
child even when his life is not endangered,
as long as there is an interruption of the
care and protection he needs by reason
of his tender age.
Intent to kill cannot be presumed from the
death of the child. The ruling that intent to
kill is conclusively presumed from the
death of the victim of the crime is
applicable only to crimes against
persons, and not to crimes against
security, particularly the crime of
abandoning a minor under Art. 276.
Failure to give education must be due to
deliberate desire to evade such obligation.
“The only time you should ever look back is to see how far you've come.”
25
-방탄소년단
CRIME
ENTRUSTED
WITH HIS
CUSTODY;
INDIFFERENCE
OF PARENTS
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
1.
NOTES/OTHERS
The “neglect of child” punished under Art.
59(4) of P.D. No. 603 is also a crime
(known as “indifference of parents”)
penalized under 2nd paragraph of Art. 227
of the RPC.
Delivering a minor to a public institution or other persons
without the 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; and
ELEMENTS: (EPIC)
1.
2.
3.
2.
That the offender has charge of the rearing or
education of a minor;
That he delivers said minor to a public institution
or other persons; and
That the one who entrusted such child to the
offender has not consented to such act, or if the
one who entrusted such child to the offender is
absent, the proper authorities have not consented
to it.
Neglecting his (offender’s) children by not giving them
education which their station in life requires and financial
condition permits.
ELEMENTS: (PNS)
a.
b.
That the offender is a parent;
That he neglects his children by not giving them
education; and
c. That his station in life requires such education
and his financial condition permits.
Punishable Acts: (CND2I)
1.
ART. 278
EXPLOITATION
OF MINORS
2.
3.
By causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
strength, or contortion, the offender being any person;
By employing children under 16 years of age who are
not 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;
By employing any descendant under 12 years of age
in dangerous exhibitions enumerated in the next
Qualifying Circumstance
When the delivery of the child is made in
consideration of any price, compensation
or promise.
VALISNOTES | 22-23
The act must be of such nature as to
endanger the life or safety of the minor.
R.A. No. 7610 or the Special Protection of
Children
Against
Child
Abuse,
Exploitation, and Discrimination Act, as
amended, punishes abuse, exploitation,
and discrimination of minors.
“The only time you should ever look back is to see how far you've come.”
26
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
4.
5.
preceding paragraph, the offender being engaged in
any of said callings;
By delivering a child under 16 years of age
gratuitously to any person following any calling
enumerated in paragraph 2, or to any habitual vagrant
or beggar, the offender being an ascendant, guardian,
teacher, or person entrusted in any capacity with the
care of such child; and
By inducing any child under 16 years of age to
abandon the home of its ascendants, guardians,
curators or teachers to follow any person engaged in
any calling mentioned in paragraph 2, or to
accompany any habitual vagrant or beggar, the
offender being any person.
Qualifying Circumstance
If committed by means of violence or
intimidation.
lf a person was killed after trespass by
the offender, the following crimes are
committed:
1.
(PEA)
ART. 280
TRESSPASS TO
DWELLING
1.
2.
3.
NOTES/OTHERS
That the offender is a private person;
That he enters the dwelling of another; and
That such entrance is against the will of the owner or
occupant.
2.
If there was no intent to kill when he
entered – separate crimes of homicide
or murder and qualified trespass to
dwelling.
If there was intent to kill when he
entered – the crime of homicide or
murder with dwelling as an
aggravating circumstance
Cases to which the provision of this
article is not applicable:
1.
If the entrance to another’s dwelling is
made for the purpose of preventing
some serious harm to himself, the
occupants of the dwelling or a third
person;
VALISNOTES | 22-23
Dwelling
Means any building or structure
exclusively devoted for rest and comfort.
It includes a room when it is occupied by
another person. The determining factor is
the use to which it is put.
In general, all members of a household
must be presumed to have authority to
extend an invitation to enter the house.
Lack of permission does not amount to
prohibition.
Implied Prohibition
There is an implied prohibition when
entrance is made through means not
intended for ingress.
Whoever enters the dwelling of another at
late hour of the night after the inmates
have retired and closed their doors does so
against their will. Prohibition in this case
is presumed.
“The only time you should ever look back is to see how far you've come.”
27
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
If the purpose is to render some
service to humanity or justice and
If the place where entrance is made is
a café, tavern, inn and other public
house, while the same are open.
NOTES/OTHERS
Prohibition is not necessary when violence
or intimidation is employed by the
offender.
Trespass may be committed by the owner
of a dwelling; when a lessor enters the
house leased to another against the latter's
will.
A person who believes that a crime has
been committed against him has every
right to go after the culprit and arrest him
without any warrant even if in the process
he enters the house of another against the
latter's will.
(EUMN)
1.
ART. 281
OTHER FORMS
OF TRESPASS
2.
3.
4.
That the offender enters the closed premises or the fenced
estate of another;
That the entrance is made while either of them is
uninhabited;
That the prohibition to enter be manifest; and
That the trespasser has not secured the permission of the
owner or the caretaker thereof.
Qualifying Circumstance
Punishable Acts:
1.
ART. 282
GRAVE THREATS
Premises
It signifies the distinct and definite
locality, building or definite area, but in
either case, locality is fixed.
Threatening another with the infliction upon his person,
honor or property or that of his 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 (with condition + attainment
of purpose).
ELEMENTS: (ICDA)
a. That the 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. That such wrong amounts to a crime;
If threat was made in writing or through a
middleman.
The following acts, the purpose of which
is to prevent a person from appearing in
the investigation of, or official
proceedings in criminal cases, are
punishable:
1.
Threatening directly or indirectly
another with the infliction of any
wrong upon his person, honor or
property or that of any immediate
member or members of his family; or
VALISNOTES | 22-23
The third form of grave threats must be
serious in the sense that it is deliberate and
that the offender persists in the idea
involved in his threats – that the threats
will be carried into effect.
The act threatened to be committed must
be a wrong.
The crime of threats is consummated the
moment the threat comes to the knowledge
of the person threatened.
When the offender demands the money or
property on the spot, the crime is not grave
threats but robbery with intimidation.
“The only time you should ever look back is to see how far you've come.”
28
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
c.
d.
That there is a demand for money or that any
other condition is imposed, even though not
unlawful; and
That the offender attains his purpose.
2.
By making such threat with the infliction upon his person,
honor or property or that of his family of any wrong
amounting to a crime and demanding money or imposing
any other condition even though not unlawful and without
the offender attaining his purpose.
3.
By threatening another with the infliction upon his person,
honor or 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 any demand of money or
imposition of any condition.
2.
QUALIFYING
CIRCUMSTANCES/OTHERS
Imposing a condition, whether lawful
or unlawful.
ELEMENTS: (ICN)
a. That the 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. That such wrong amounts to a crime; and
c. That the threat is not subject to a condition.
(TNDA)
ART. 283
LIGHT THREATS
ART. 284
BOND FOR GOOD
BEHAVIOR
ART. 285
1.
2.
3.
That the offender makes a threat to commit a wrong;
That the wrong does not constitute a crime;
That there is a demand for money or that other condition
is imposed, even though not unlawful; and
4. That the offender has attained his purpose, or that he has
not attained his purpose.
When a person is required to give bail bond:
When he threatens another under the circumstances
mentioned in Art. 282; and
2. When he threatens another under the circumstances
mentioned in Art. 283.
Punishable Acts: (WHN)
NOTES/OTHERS
Light threats are committed in the same
manner as grave threats except that the act
threatened to be committed should not be
a crime.
Light threats may amount to blackmailing
which is consequently punished under Art.
283.
1.
VALISNOTES | 22-23
If the threats are directed to a person who
is absent and uttered in a temporary fit of
“The only time you should ever look back is to see how far you've come.”
29
-방탄소년단
CRIME
OTHER LIGHT
THREATS
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
1.
2.
3.
By threatening another with a weapon or by drawing such
weapon in a course of quarrel, unless it be in lawful selfdefense;
By orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in the
idea involved in his threat.
By orally threatening another, in the heat of anger with
some wrong not amounting to a felony.
NOTES/OTHERS
anger, the offense is only other light
threats.
When preventing is not considered
coercion:
1.
(PC-VN)
1.
2.
3.
ART. 286
GRAVE
COERCION
That a person prevented another from doing something not
prohibited by law, or by compelling him to do something
against his will, be it right or wrong;
That the prevention pr compulsion be effected by
violence, either by material force or such a display of it as
would produce intimidation and consequently control over
the will of the offended party; and
That the person who restrained the will and liberty of
another has no right to do so.
3.
Qualifying Circumstances: (SRR)
1.
2.
Punishable Acts:
1.
2.
Preventing another by means of violence, threats or
intimidation, from doing something not prohibited by law
(Preventive); and
3.
If the coercion is committed in
violation of the exercise of the right of
suffrage;
If the coercion is committed to
compel another to perform any
religious act; and
If the coercion is committed to
prevent another from performing any
religious act.
If the thing prevented from execution is prohibited by law,
there is no grave coercion, but some other crimes.
2.
Compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it
be right or wrong (Compulsive).
4.
In grave coercion, the act of preventing by
force must be made at the time the
offended party was doing or about to do
the act to be prevented. If the act was
already done when violence is exerted, the
crime is unjust vexation.
When compelling is not considered
coercion:
1.
VALISNOTES | 22-23
Under Art. 132: When a public officer
prevents the ceremonies of a religious
group;
Under Art. 143: When a person
prevents the meeting of a legislative
assembly;
Under Art. 145: When a person
prevents a member of Congress from
attending meetings, expressing his
opinions or casting his votes through
the use of force or intimidation;
Under Art. 287: When the violence is
employed to seized anything
belonging to the debtor of the
offender;
Under Art. 127: When a public officer
compels a person to change his
residence; and
“The only time you should ever look back is to see how far you've come.”
30
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Under Art. 267: When a person kidnaps
his debtor to compel him to pay.
Coercion is always consummated even if
the offended party did not accede to the
purpose of the coercion.
Part 1 of Art. 287
It is limited to a case where the offender
seized anything belonging to his debtor by
means of violence to apply the same to the
payment of the debt.
(CDSA)
ART. 287
LIGHT
COERCION
1.
2.
3.
4.
The offender must be a creditor;
He seizes anything belonging to his debtor;
The seizure of the thing be accomplished by means of
violence or a display of material force producing
intimidation; and
The purpose of the offender is to apply the same to the
payment of the debt.
Part 2 of Art. 287. Unjust Vexation
It includes any human conduct which
although not productive of some physical
or material harm would, however, unjustly
annoy or vex an innocent person.
In determining whether the crime of unjust
vexation is committed, the offender’s act
must have caused annoyance, irritation,
vexation, torment, distress or disturbance
to the mind of the person to whom it is
directed.
It is distinguished from grave and light
coercions by the absence of violence.
ART. 288
OTHER SIMILAR
COERCIONS
(COMPULSORY
PURCHASE OF
MERCHANDISE &
PAYMENT OF
WAGES BY
MEANS OF
TOKENS)
Punishable Acts: (PT)
1.
By forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him.
ELEMETS: (OLP)
a. That the offender is any person, agent or officer
of any association or corporation;
VALISNOTES | 22-23
Kissing a girl, without performing acts of
lasciviousness, is unjust vexation.
Inducing an employee to give up any part
of his wages by force, stealth,
intimidation, threat or by any other means
is unlawful under Art. 116 of the Labor
Code, not under the RPC.
Wages shall be paid in legal tender and the
use of tokens, promissory notes, vouchers,
coupons, or any other form alleged to
represent legal tender is absolutely
prohibited even when expressly requested
“The only time you should ever look back is to see how far you've come.”
31
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
b.
c.
2.
That he or such firm or corporation has employed
laborers or employees; and
That he forces or compels, directly or indirectly,
or knowingly permits to be forced or compelled,
any of his or its laborers or employees to
purchase merchandise or commodities of any
kind from him or from said firm or corporation.
NOTES/OTHERS
by the employee (Omnibus Rules
Implementing the Labor Code, Book III,
Rule VIII, Sec. 1).
By paying the wages due his laborer or employee by
means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly requested by
such laborer or employee.
ELEMENTS: (TLN)
a. That the offender pays the wages due a laborer or
employee employed by him by means of token or
objects;
b. That those tokens or objects are other than the
legal tender currency of the Philippines; and
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
ART. 289
FORMATION,
MAINTENANCE,
& PROHIBITION
OF
COMBINATION
OF CAPITAL OR
LABOR
THROUGH
VIOLENCE OR
THREATS
ART. 290
DISCOVERING
SECRETS
THROUGH
SEIZURE OF
The act should not be a more serious
offense; otherwise, it will be punished in
accordance with other provisions of the
Code.
(VC)
1.
2.
That the offender employs violence or threats, ins such a
degree as to compel or force the laborers or employees in
the free and legal exercise of their industry or work; and
That the purpose is to organize, maintain or prevent
coalitions of capital or laborers or lockout of employers.
Peaceful picketing is allowed. When the
picketers employ violence or if they make
threats, they shall be held liable for
coercion.
Preventing employee from joining any
registered labor organization is punished
under the Labor Code, not under the RPC.
(PSDI)
1.
2.
That the offender is a private individual or even a public
officer not in the exercise of his official function;
That he seizes the papers or letters of another;
Qualifying Circumstance
Offender reveals the contents of such
paper or letter of another to a 3rd person.
Art. 290 is not applicable to:
VALISNOTES | 22-23
The purpose of the offender must be to
discover the secrets of another.
Prejudice is not an element.
“The only time you should ever look back is to see how far you've come.”
32
-방탄소년단
CRIME
CORRESPONDEN
CE
ELEMENTS/PUNISHABLE ACTS
3.
4.
That the purpose is to discover the secrets of such other
person; and
That the offender is informed of the contents of the papers
or letter seized.
1.
2.
QUALIFYING
CIRCUMSTANCES/OTHERS
Parents, guardians, or persons
entrusted with the custody of minors
with respect to the papers or letters of
the children or minors placed under
their care or custody; and
Spouses with respect to the papers or
letters of either of them.
NOTES/OTHERS
There must be taking possession of papers
or letters of another even for a short time.
If the purpose is not to know the contents
but to prevent the addressee from
receiving the letter, the crime may be
malicious mischief.
This cannot
negligence.
ART. 291
REVEALING
SECRETS WITH
ABUSE OF
OFFICE
1.
2.
3.
1.
2.
3.
4.
through
Secrets must be learned by reason of their
employment.
That the offender is a manager, employee or servant;
That he learns the secrets of his principal or master in such
capacity; and
That he reveals such secrets.
Damage is not necessary.
Secrets must relate to manufacturing
processes invented by or for a
manufacturer and used only in his factory
or in a limited number of them; otherwise,
as when such processes are generally used,
they will not be secret.
That the offender is a person in charge, employee or
workman od a manufacturing or industrial establishment;
That the manufacturing or industrial establishment has a
secret of the industry which the offender has learned;
That the offender reveals such secrets; and
That prejudice is caused to the owner.
Punishable Acts: (TCSP)
1.
R.A. NO. 9995
ANTI-PHOTO
AND VIDEO
VOYEURISM ACT
committed
(MESLR)
(CESP)
ART. 292
REVELATION OF
INSUCTRIAL
SECRETS
be
To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as
the naked or undergarment clad genitals, pubic area,
buttocks or female-breast without the consent of the
person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy
(Par. a);
Prejudice is an essential element in this
offense because Art. 292 says “to the
prejudice of the owner thereof.”
Exemption:
Any peace officer, who is authorized by a
written order of the court, to use the record
or any copy thereof as evidence in any
civil, criminal investigation or trial of the
crime of photo or video voyeurism.
Provided, that such written order shall
only be issued or granted upon: (AGE)
VALISNOTES | 22-23
Revelation of secret may be made
anytime. It may be committed even after
the workman or employee had ceased to be
connected with the establishment.
Broadcast
It is to make public, by any means, a visual
image with the intent that it be viewed by
a person or persons.
Capture
It is to videotape, photograph, film, record
by any means, or broadcast an image.
Female Breast
“The only time you should ever look back is to see how far you've come.”
33
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
4.
To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration (Par.
b);
To sell or distribute, or cause to be sold or distributed, such
photo or video or recording of sexual act, whether it be the
original copy or reproduction thereof (Par. c); or
To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit photo or video coverage or recordings of such
sexual act or any similar activity through, VCD/DVD,
internet, cellular phones and other similar means or device
(Par. d).
1.
2.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
Written
application
and
the
examination under oath or affirmation
if the applicant and the witnesses
he/she may produce;
Showing that there are reasonable
grounds to believe that photo or video
voyeurism has been committed or is
about to be committed; and
That the evidence to be obtained is
essential to the conviction of any
person for, or to the solution or
prevention of such crime.
NOTES/OTHERS
It refers to any portion of the female breast.
Photo or Video Voyeurism
It is the act of taking a photo or video
coverage of a person or group of persons
performing sexual act or any similar
activity or of capturing an image of the
private area of a person or persons without
the latter’s consent under circumstances
which such person/s has/have a reasonable
expectation of privacy, or the act of
selling,
copying,
reproducing,
broadcasting, sharing, showing or
exhibiting the photo or video or recordings
of such sexual act or similar activity
through VCD/DVD, internet, cellular
phones and similar means or device
without the written consent of the person/s
involved, notwithstanding that consent to
record to take photo or video coverage of
same was given by such person/s.
Private Area of a Person
It refers to the naked or undergarment clad
genitals, public area, buttocks or female
breast of an individual.
Under Circumstances in which a Person
has a Reasonable Expectation of
Privacy
Belief that he/she could disrobe in privacy,
without being concerned that an image or
private area of the person was being
captured; or circumstances in which a
reasonable person would believe that a
private area of the person would not be
visible to the public, regardless of whether
that person is in a public or private place.
Secretly capturing the image of the private
part of a woman urinating in a public
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
34
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
NOTES/OTHERS
comfort room with the use of a hidden
camera is a violation of Sec. 4 (a). The
woman has a reasonable expectation of
privacy since she believed that she could
disrobe in privacy inside the comfort
room, without being concerned that her
private area was being captured.
Taking photo coverage of a nude child
without her consent may constitute child
abuse under Sec. 10 (a) of RA 7610.
Taking video coverage of a woman with
whom the offender has/had marital,
sexual, or dating relationship, may
constitute psychological violence in
violation of Sec. 5 (i) of RA 9262.
The prohibition under Nos. 2, 3, and 4
shall apply notwithstanding that consent to
record or take photo or video coverage of
the same was given by such person/s. Any
person who violates this provision shall be
liable for photo or video voyeurism as
defined herein.
Inadmissibility of Evidence
Any record, photo or video, or copy
thereof, obtained or secured by any person
in violation of the preceding sections shall
not be admissible in evidence in any
judicial, quasi-judicial, legislative or
administrative hearing or investigation.
A video coverage of a nude woman
dancing in a disco pub may be used by the
policeman, who took it, as evidence in a
preliminary investigation case involving
trafficking in persons. The same is
admissible in evidence since it was not
taken in violation of R.A. No. 9995. The
woman has no reasonable expectation of
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
35
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
privacy in such place where she was hired
to dance nude. Written order contemplated
in Sec. 6 is not needed since the
investigation does not involve the crime of
photo or video voyeurism.
R.A. NO. 10175
CYBERCRIME
PREVENTION
ACT OF 2012
Cybercrime Offenses
1. Offenses against the confidentiality, integrity and
availability of computer data and systems: (I2DS-MC)
a. Illegal Access
The access to the whole or any part of a computer
system without right.
b. Illegal Interception
The interception made by technical means
without right of any non-public transmission of
computer data to, from, or within a computer
system including electromagnetic emissions
from a computer system carrying such computer
data.
c. Data Interference
The intentional or reckless alteration, damaging,
deletion or deterioration of computer data,
electronic document, or electronic data massage,
without right, including the introduction or
transmission of viruses.
d. System Interference
The intentional alteration or reckless hindering or
interference with the functioning of a computer
or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or
suppressing computer data or program,
electronic document or electronic data message,
without right or authority, including the
introduction or transmission of viruses.
e. Misuse of Devices
i. The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
a. A device, including a computer
program, designed or adapted
primarily for the purpose of
Without Right:
It refers to:
1. Conduct undertaken without or in
excess of authority; or
2. Conduct not covered by established
legal defenses, excuses, court orders,
justifications, or relevant principles
under the law.
Cyber
It is a computer or a computer network, the
electronic medium in which online
communication takes place.
VALISNOTES | 22-23
Unsolicited
Commercial
Communications
Declared unconstitutional. To prohibit the
transmission of unsolicited ads would
deny a person the right to read his emails,
even
unsolicited
commercial
ads
addressed
to
him.
Unsolicited
advertisement are legitimate forms of
expression.
Libel
An offender cannot be charged with both
online libel under this section of R.A. No.
10175 and Art. 353 of the RPC as this
constitutes a violation of proscription
against double jeopardy.
A prosecution under this Act shall be
without prejudice to any liability for
violation of any provision of the RPC or
special laws with the exception of Online
Libel and Child Pornography committed
online.
“The only time you should ever look back is to see how far you've come.”
36
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
f.
2.
committing any of the offenses under
this Act; or
b. A computer password, access code, or
similar data by which the whole or
any part of a computer system is
capable of being accessed with intent
that it be used for the purpose of
committing any of the offenses under
this Act.
ii. The possession of an item referred to in
pars. e(i) (aa) or (bb) above with intent
to used said devices for the purpose of
committing any of the offenses under
this section (par. n).
Cyber-squatting
The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering
the same, if such domain name is:
i. Similar, identical, or confusingly similar
to an existing trademark registered with
the appropriate government agency at the
time of the domain name registration;
ii. Identical or in any way similar with the
name of a person other than the registrant,
in case of a personal name; and
iii. Acquired without right or with intellectual
property interests (Sec. 4, par. 6).
Computer-related offenses: (F2I)
a. Computer-related forgery
i. The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal
purposes as if it were authentic, regardless
whether or not the data is directly readable
and intelligible; or
ii. The act of knowingly using data which is
the product of computer-related forgery as
defined herein, for the purpose of
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
37
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
b.
c.
3.
perpetuating a fraudulent or dishonest
design (par. 6 (b) (1)).
Computer-related fraud
The unauthorized input, alteration, or deletion of
computer data or program or interference in the
functioning of a computer system, causing
damage thereby with fraudulent intent (par. 6(b)
(2)).
Computer-related Identity Theft
The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether
natural or juridical, without right (par. 6 (b) (3)).
Content-related offenses: (CPUL)
a. Cybersex
The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity,
with the aid of a computer system, for favor or
consideration (par. 6 (c) (1)).
b. Child Pornography
The unlawful or prohibited acts defined and
punishable by R.A. No. 9775 committed through
a computer system. The penalty to be imposed
shall be 1 degree higher than that provided for in
R.A. No. 9775 (par. 6(c) (2)).
c. Unsolicited Commercial Communications
This section penalizes the transmission of
unsolicited commercial communications, also
known as “spam” (par. 6(c) (3)).
d. Libel
The unlawful or prohibited acts of libel as
defined in Art. 355 of the RPC, as amended,
committed through a computer system or any
other similar means which may be devised in the
future. Sec..4(c)(4) that penalizes online libel is
valid and constitutional with respect to the
original author of the post; but void and
unconstitutional with respect to others who
simply receive the post and react to it.
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
38
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
4.
Other Offenses
a. Aiding or Abetting in the Commission of
Cybercrime
Any person who willfully abets or aids in the
commission of any of the offenses enumerated in
this Act shall be held liable.
b. Attempt in the Commission of Cybercrime
Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall
be held liable (par. b).
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
39
-방탄소년단
CRIMES AGAINST PROPERTY
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Robbery
It is the taking of personal property
belonging to another, with intent to gain,
by means of violence against, or
intimidation of any person, or using force
upon anything.
If real property is taken, the crime is
usurpation under Art. 312.
(PUIV)
1.
2.
ART. 293
WHO ARE
GUILTY OF
ROBBERY
3.
4.
There be personal property (bienesmuebles) belonging to
another;
There is unlawful taking (apoderamiento or asportacion)
of that property;
The taking must be with intent to gain (animus lucrandi);
and
There is violence against or intimidation of any person or
force used upon things.
2.
Classification of personal property under
the CC does not apply. The test is whether
the object is susceptible of appropriation
and transportation from one place to
another without altering its nature or
essence.
Prohibited articles may be the subject
matter of robbery.
Classification of Robbery:
1.
It is immaterial whether the personal
property belongs to the owner, a mere
possessor, or even a thief so long as it does
not belong to the accused.
Robbery with violence against, or intimidation of persons
(Arts, 294, 297, and 298); and
Robbery by use of force upon things (Arts. 299 and 302).
Unlawful taking is complete when in:
a. Robbery with violence against or
intimidation of persons – offender has
already the possession of the thing
even if he has no opportunity to
dispose it.
b. Robbery with force upon things – the
thing must be brought outside the
building for consummated robbery to
be committed.
Intent to gain is presumed from the
unlawful taking of personal property.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
40
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Elements of “personal property belonging
to another” and that of “intent to gain”
must concur.
If the accused, with intent to gain, took
from another, personal property which
turned out to be his own property, the
property not belonging to another, he
cannot be held liable for robbery, even if
in the taking the accused used violence
against or intimidation of person, or force
upon anything.
If he took personal property from another,
believing that it was his own property, but
in reality it belonged to the offended party,
there being no intent to gain, he cannot
be held liable for robbery, even if the
accused used violence against or
intimidation of person, or force upon
things.
Punishable Acts: (HRPI-UNN)
ART. 294
ROBBERY WITH
VIOLENCE
AGAINST OR
INTIMIDATION
OF PERSONS
1.
2.
3.
Special Complex Crimes Involving
Robbery
When by reason or on occasion of the robbery, the crime
of homicide is committed;
When the robbery is accompanied by rape or intentional
mutilation or arson;
When by reason or on occasion of such robbery any of the
physical injuries resulting in insanity, imbecility,
1.
2.
Robbery with homicide or rape or
intentional mutilation or arson;
Robbery with serious physical
injuries under subdivision 1 of Art.
263;
VALISNOTES | 22-23
It must be present before the taking of
personal property is complete. But when
the violence results in homicide, rape,
intentional mutilation or any of the serious
physical injuries penalized in Par. 1 and 2
of Art. 263, the taking of the personal
property is robbery complexed with any of
those crimes under Art. 294, even if the
taking was already complete when the
violence was used by the offender.
Robbery with Homicide
“On the occasion” and “by reason” of the
robbery mean that the hornicide or serious.
physical injuries defined under Art. 263
must be committed in the course or
because of the robbery.
The term “homicide” is used in its generic
sense and includes any kind of killing,
“The only time you should ever look back is to see how far you've come.”
41
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
4.
5.
6.
7.
impotency or blindness is inflicted (subdivision 1 of Art.
263);
When by reason or on occasion of robbery, any of the
physical injuries penalized in subdivision 2 of Art. 263 is
inflicted;
If the violence or intimidation employed in the
commission of the robbery is carried to a degree clearly
unnecessary for the commission of the crime; 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 Art. 263; and
If the violence employed by the offender does not cause
any of the serious physical injuries defined in Art. 263, or
if the offender employs intimidation only (simple
robbery).
3.
4.
5.
QUALIFYING
CIRCUMSTANCES/OTHERS
Robbery with serious physical
injuries under subdivision 2 of Art.
263;
Robbery with unnecessary violence
and intimidation against any person
not responsible of the commission of
physical injuries under subdivisions 3
and 4 of Art. 263; and
Robbery with the use of violence
against or intimidation of any person.
NOTES/OTHERS
whether parricide or murder or where
several persons are killed and the name of
this special complex crime shall remain as
robbery with homicide. The qualifying
circumstance (e.g. treachery in murder)
will only become an aggravating
circumstance.
Homicide may precede robbery or may
occur after robbery.
There is robbery with homicide even if the
person killed was a bystander, and not the
person robbed or even if he/she was one of
the offenders. The law does not require
that the victim of the robbery be also
the: victim of homicide.
Robbery with Rape
The special complex crime covers cases of
multiple rapes. All rapes are merged in the
composite, integrated whole that is
robbery with rape and it does not matter
whether the rape occurred before, during,
or after the robbery.
The crime is still robbery with rape even if
the victim of the rape committed by the
accused was a member of the gang of
robbers. Art. 294 states “any person”.
Robbery with Arson
In the case of robbery with arson, it is
essential that the robbery precedes the
arson. There must be an intent to commit
robbery and no killing, rape or intentional
mutilation should be committed in the
course of the robbery, or else, arson will
only be considered an aggravating
circumstance of the crime actually
committed.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
42
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
Qualified robbery with violence against
or intimidation of persons: (U-BAE-F)
ELEMENTS/PUNISHABLE ACTS
Nos. 3, 4, and 5 of Art. 294 if committed:
ART. 295
ROBBERY WITH
PHYSICAL
INJURIES,
COMMITTED IN
AN
UNINHABITED
PLACE AND BY A
BAND OR WITH
THE USE OF
FIREARM ON A
STREET, ROAD
OR ALLEY
1.
2.
3.
4.
5.
In an uninhabited place (despoblado);
By a band (en cuadrilla);
By attacking a moving train, streetcar,
motor vehicle, or airship;
By
entering
the
passengers’
compartments in a train, or in any
manner taking the passengers by
surprise
in
their
respective
conveyances; or
On a street, road, highway, or alley,
and the intimidation is made with use
of firearms, the offender shall be
punished by the maximum period or
the proper penalties prescribed in Art.
294.
Outline:
1.
ART. 296
DEFINITION OF A
BAND AND
PENALTY
INDURRED BY
THE MEMBERS
THEREOF
NOTES/OTHERS
Requisites for liability for the acts of other members of the
band (MPAN)
1.
2.
3.
4.
2.
He was a member of the band;
He was present at the commission of a robbery by that
band;
The other members of that band committed an assault; and
He did not attempt to prevent the assault.
3.
When at least 4 armed malefactors
take part in the commission of a
robbery, it is deemed committed by a
band.
When any of the arms used in the
commission of robbery is not
licensed, the penalty upon all
malefactors shall be the maximum of
the corresponding penalty provided
by law without prejudice to the
criminal
liability
for
illegal
possession of firearms.
Any member of a band who was
present at the commission of a
robbery by a band, shall be punished
as principal of any assaults committed
by the band, unless it be shown that he
attempted to prevent the same.
VALISNOTES | 22-23
This article does not apply to robbery with
homicide, with rape, or with serious
physical injuries under Par. 1 of Art. 263.
Art. 296, like Art. 295, applies only to
robbery under pars. 3, 4, and 5 of Art. 294,
and not to robbery with homicide, rape,
intentional mutilation, arson or the
physical injuries in Par. 1of Art. 263.
There is no such crime as robbery with
homicide by a band. If robbery with
homicide is committed by a band, the
indictable offense would still be
denominated as “robbery with homicide”
under Art. 294(1), but the element of band,
as stated above, would be appreciated as
an ordinary aggravating circumstance.
The use of a loose firearm, when inherent
in the commission of a crime punishable
under the RPC or other special laws, shall
now be considered as an aggravating
circumstance.
“The only time you should ever look back is to see how far you've come.”
43
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Use of unlicensed firearm by a band in the
commission of robbery with physical
injuries cannot be offset by a generic
mitigating circumstance.
Proof of conspiracy is not necessary when
4 or more armed persons committed
robbery.
When by reason or on occasion of an
attempted or frustrated robbery, a
homicide is committed.
ART. 297
ATTEMPTED AND
FRUSTRATED
ROBBERY
COMMITTED
UNDER CERTAIN
CIRCUMSTANCE
S
If homicide is not consummated, the
crimes of robbery and attempted or
frustrated homicide:
1.
2.
3.
ART. 298
EXECUTION OF
DEEDS BY
MEANS OF
VIOLENCE OR
INTIMIDATION
(ICV)
ART. 299
ROBERRY IN AN
UNINHABITED
HOUSE/PUBLIC
BUILDING OR
EDIFICE
DEVOTED TO
WORSHIP
1.
May be complexed (Art. 48);
Considered as separate crimes; or
Considered as one crime, one
absorbing the other.
1.
2.
The offender has intent to defraud another;
The offender compels him to sign, execute, or deliver any
public instrument or document; and
3. The compulsion is by means of violence or intimidation.
SUBDIVISION A: (E2I)
2.
The offender entered: (IPE)
a. An inhabited house;
b. A public building; or
c. An edifice devoted to religious worship;
The entrance was effected by any of the following means:
(OBFN)
a. Through an opening not intended for entrance or
egress;
b. By breaking any wall, roof, floor, door, or
window;
VALISNOTES | 22-23
“Homicide” under this article is also used
in its generic sense. It includes any other
unlawful killing. However, if the killing
legally constituted murder or parricide, the
offense will continue to be covered by Art.
297 with the technical name stated therein,
but the penalty shall be for murder or
parricide because Art. 297 states, “unless
the homicide (killing) committed shall
deserve a higher penalty under this
Code.”
Art. 298 applies even if the document
signed, executed or delivered is’ a public,
private or commercial document;
however, it is not applicable if the
document is void.
SUBDIVISION A:
The whole body must be inside because
entering denotes that the entire body must
have gone inside.
Where the accused forced open the door
without breaking it, and thereafter
personal property was taken from, inside
the house, the crime committed is theft not
robbery.
“The only time you should ever look back is to see how far you've come.”
44
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
c.
d.
3.
By using false keys, picklocks or similar tools.
By using fictitious name or pretending the
exercise of public authority; and
Once inside the building, the offender took personal
property belonging to another with intent to gain.
SUBDIVISION B: (IG)
1.
2.
The offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it; and
The offender takes personal property belonging to another
with intent to gain under any of the following
circumstances: (BT)
a. By the breaking of internal doors, wardrobes,
chests, or any other kind of locked or sealed
furniture or receptacle; or
b. By taking such furniture or objects away to be
broken open outside the place of the robbery.
NOTES/OTHERS
The wall broken must be an outside wall,
not a wall between rooms in a house or
building, because the breaking of a wail
must be for the purpose of entering. But if
a room is occupied by a person as his
separate dwelling, the breaking of the
room's wall may give rise to robbery.
False keys include genuine keys stolen
from the owner or any keys other than
those intended by the owner for use in the
lock forcibly opened by the offender. It
also includes picklock or similar tools.
The genuine key must be stolen, not taken
by force or with intimidation from the
owner otherwise the crime may be of
robbery with intimidation of person under
Art. 294, Par. 5.
SUBDIVISION B:
The term door under this subdivision
refers only to doors, lids or opening sheets
of furniture or other portable receptacles –
not to inside doors of house or building.
Art. 294 applies only where robbery with
violence against or intimidation of person
takes place without entering an inhabited
house, under the conditions set forth in
Art. 299. When the elements of both
provisions are present, the crime is a
complex one, calling for the imposition –
as provided in Art. 48 of said Code – of the
penalty for the most serious offense, in its
maximum period.
Under this Article, robbery with force
upon things is qualified when committed
in an uninhabited place AND by a band, as
distinguished from qualified robbery with
ART. 300
ROBBERY IN AN
UNINHABITED
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
45
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
PLACE AND BY A
BAND
NOTES/OTHERS
violence or intimidation of persons (Art.
295) which is committed in an uninhabited
place OR by a band.
Uninhabited Place
An uninhabited place is one where there
are no houses at all, a place at a
considerable distance from the town, or
where the houses are scattered at a great
distance from each other.
Inhabited House
Any shelter, ship, or vessel constituting the
dwelling of one or more persons, even
though the inhabitants thereof shall
temporarily be absent therefrom when the
robbery is committed.
ART. 301
WHAT IS AN
INHABITED
HOUSE, PUBLIC
BUILDING OR
BUILDING
DEDICATED TO
RELIGIOUS
WORSHIP AND
THEIR
DEPEDENCIES
ART 302
ROBBERY IN AN
UNINHABITED
PLAC EOR IN A
PRIVATE
BUILDING
Dependencies of an inhabited house,
public building or building dedicated to
religious worship
All interior courts, corrals, warehouses
granaries, barns, coach houses, stables, or
other departments or enclosed places:
1. Contiguous to the building or edifice;
2. Having an interior entrance connected
therewith;
3. Which form part of the whole.
[EC(owfdr)T]
1.
2.
The 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;
Any of the following circumstances was present:
VALISNOTES | 22-23
Public building
It includes every building owned by the
Government or belonging to a private
person, used or rented by the Government,
although temporarily unoccupied by the
same.
The only difference between Arts. 299 and
302 is that the use of a fictitious name or
simulation of public authority can be used
only in Art. 299 which refers to inhabited
buildings, and not in Art, 302 which
involves uninhabited or other places.
“The only time you should ever look back is to see how far you've come.”
46
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
a.
3.
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; and
With intent to gain, the offender took therefrom personal
property belonging to another.
Under Art. 299, the receptacle must be
locked or sealed. Under Art. 302, the
receptacle must: be closed or sealed. Thus,
if the receptacle was. merely closed but
was opened without breaking the same, the
crime is theft.
While Art. 302 provides for robbery in an
“uninhabited place,” it actually means an
uninhabited house.
ART. 303
ROBBERY OF
CEREALS,
FRUITS, OR
FIREWOOD IN AN
UNINHABITED
PLACE OR
PRIVATE
BUILDING
Cereals
Seedlings which are the immediate
product of the soil.
The palay must be kept by the owner as
“seedling” or taken for that purpose by the
robbers.
Actual use of picklocks or similar tools is
not necessary in illegal possession thereof.
(PAN)
ART. 304
POSSESSION OF
PICKLOCKS OR
SIMILAR TOOLS
1.
2.
3.
The offender has in his possession picklocks or similar
tools;
Such picklocks or similar tools are specially adopted to the
commission of robbery; and
The offender does not have lawful cause for such
possession.
If the person who makes such tools is a
locksmith, the penalty is higher.
Possession of picklock or stolen key is
punishable under Article 304. However,
possession of stolen key is not punishable
under Article 304.
A master key is a picklock and its
possession is punishable.
Inclusions: (GOT)
ART. 305
FALSE KEYS
1.
2.
3.
ART. 306
BRIGANDAGE
NOTES/OTHERS
Genuine keys stolen from the owner; and
Any keys other than those intended by the owner for use
in the lock forcibly opened by the offender; and
Tools mentioned in the next preceding article.
[FB-P(cka)]
1.
The only things to prove are:
There must be at least four (4) armed persons;
VALISNOTES | 22-23
A lost key or misplaced key found by
another and not returned to its rightful
owner is considered as a false key stolen
from the owner.
Brigandage
It is a crime committed by more than three
armed persons who form a band of robbers
“The only time you should ever look back is to see how far you've come.”
47
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
They formed a band of robbers; and
The purpose is any of the following: (cka)
a. To commit robbery in a 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.
1.
2.
3.
4.
QUALIFYING
CIRCUMSTANCES/OTHERS
There is an organization of more than
3 armed persons forming a band of
robbers;
The purpose of the band is any of
those enumerated in Art. 306;
They went upon the highway or
roamed upon the country for that
purpose; and
The accused is a member of such
band.
NOTES/OTHERS
for the purpose of committing robbery in
the highway, or kidnapping persons for the
purpose of extortion, or to obtain ransom,
or for any other purpose to be attained by
means of force and violence.
Presumption
If any of the arms carried by any of the said
persons be an unlicensed firearm, all are
presumed highway robbers or brigands.
Brigandage may be committed without the
use of firearms. The term “armed” covers
arms and weapons in general, not
necessarily firearms.
ART. 307
AIDING AND
ABBETING A
BAND OF
BRIGANDS
[BO(aia)K)]
1. There is a band of brigands;
2. The offender does any of the following acts: (aia)
a. He aids, abets, or protects such band or brigands;
b. He gives them information on the movements of
the police or other peace officers of the
government; or
c. He acquires or receives property taken by such
brigands; and
3. The offender knows the band to be of brigands.
It shall be presumed that the person
performing any of the acts provided in this
article has performed them knowingly,
unless the contrary is proven.
Theft is likewise committed by:
1.
(TAIWA)
ART. 308
WHO ARE
LIABLE FOR
THEFT
1.
2.
3.
4.
5.
There be taking of personal property;
Such property belongs to another;
The taking be done with intent to gain;
The taking be done without the consent of the owner; and
The taking be accompanied without the use of violence
against or intimidation of persons or force upon things.
2.
3.
Any person who, having found lost
property, shall fail to deliver the same
to the local authorities or to its owner;
Any person who, after having
maliciously damaged the property of
another, shall remove or make use of
the fruits or objects of the damage
caused by him; and
Any person who shall enter an
enclosed estate or a field where
trespass is forbidden or which belongs
to another and without the consent of
its owner, shall hunt or fish upon the
VALISNOTES | 22-23
The term “lost property” embraces loss by
stealing.
Theft is not a continuing offense because
in theft, the phrase used is “shall take
personal property of another,” not “shall
take away such property.”
From the moment the offender gained
possession of the thing, even if the culprit
had no opportunity to dispose of the same,
the unlawful taking is complete.
The ability of the offender to freely
dispose of the property stolen is not a
constitutive element of the crime of theft.
“The only time you should ever look back is to see how far you've come.”
48
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
same or shall gather fruits, cereals, or
other forest or farm products.
ELEMENTS: (EEHW)
a. There is an enclosed estate or a
field where trespass is forbidden
or which belongs to another;
b. The offender enters the same;
c. The offender hunts or fishes upon
the same or gathers fruits,
cereals, or other forest or farm
products in the estate or field; and
d. The hunting or fishing or
gathering of products is without
the consent of the owner.
NOTES/OTHERS
Theft is not limited to an actual finder of
lost property who does not return or
deposit it with the focal authorities but
includes a policeman to whom he
entrusted it and who misappropriated the
same, as the latter is also a finder in law.
Theft of Gas and Electricity
Intangible properties such as electrical
energy and gas are proper subjects of theft.
Gas or electricity are capable of
appropriation by another other than the
owner.
The
business
of
providing
telecommunication or telephone service is
personal property which can be the object
of theft under Art. 308.
Theft of water and other similar offenses
are penalized under R.A. No. 8041 or the
National Water Crisis Act of 1995.
There is no crime of frustrated theft
There is no language in Art. 308 that
expressly or impliedly allows that the “free
disposition of the items stolen” is in any
way determinative of whether the crime of
theft has been produced. Under the RPC,
there is no crime of frustrated theft.
There is consummated theft the moment
there is asportacion or unlawful taking or
possession of personal property, no matter
how momentary it may be.
Joyrides or using the car of another to learn
how to drive without the consent of its
owner is taking with intent to gain.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
49
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
If the teller received the money and
appropriated the same for personal gain
then the felony committed is theft and not
estafa because the teller has no juridical
possession, only material. Moreover, since
the teller occupies a position of
confidence, and the bank places money in
the tellers possession due to the confidence
reposed on the teller, the felony of
qualified theft would be committed.
Basis of penalty in theft: (VPC)
1.
ART. 309
PENALTIES
2.
3.
The value of the thing stolen, and in
some cases;
The value and nature of the property
taken; or
The circumstances or causes that
impelled the culprit to commit the
crime.
(TAI-WAG)
1.
2.
3.
4.
5.
ART. 310
QUALIFIED
THEFT
6.
There is taking of personal property;
Said property belongs to another;
Said taking be done with intent to gain;
It be done without the owner’s consent;
It be accomplished without the use of violence or
intimidation against persons, or force upon things; and
It be done with grave abuse of confidence.
There is qualified theft in the following instances: (DGCFCM)
1.
2.
3.
4.
Theft is committed by a domestic servant;
Committed with grave abuse of confidence;
The property stolen consists of coconuts taken from the
premises of a plantation;
The property stolen is fish taken from a fishpond or
fishery;
VALISNOTES | 22-23
The penalty for qualified theft is two
degrees higher than that provided in Art.
309.
Theft by a domestic servant is always
qualified, and it is not necessary to show
that it was committed with grave abuse of
confidence.
To constitute “grave abuse of confidence,”
in the second kind of qualified theft, there
must be allegation in the information and
proof of a relation, by reason of
dependence, guardianship or vigilance
between the accused and the offended
party, that has created a high degree of
confidence between them, which the
accused abused.
“The only time you should ever look back is to see how far you've come.”
50
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
5.
6.
Property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance; or
The property taken is a motor vehicle, mail matter, or a
large cattle.
ART. 311
THEFT OF THE
NATIONAL
PROPERTY OF
THE NATIONAL
LIBRARY AND
NATIONAL
MUSEUM
Theft of property of National Library and
Museum has a fixed penalty regardless of
its value. But if the crime is committed
with grave abuse of confidence, the
penalty for qualified theft shall be
imposed, because Art. 311 says “unless a
higher penalty should be provided under
the provisions of this Code”.
There is only civil liability if there was no
violence or intimidation in taking
possession.
Punishable Acts: (TU)
1.
ART. 312
OCCUPATION OF
REAL PROPERTY
OR USURPATION
OF REAL RIGHTS
IN PROPERTY
2.
Taking possession of any real property belonging to
another by means of violence against or intimidation of
persons; and
Usurping any real rights in property belonging to another
by means of violence against or intimidation of persons.
ELEMENTS: (PAVI)
1.
2.
3.
4.
ART. 313
NOTES/OTHERS
The offender takes possession of any real property or
usurps any real rights in property;
The real property or real rights belong to another;
Violence against or intimidation of persons is used by the
offender in occupying real property or usurping real right
in property; and
There is intent to gain.
(BA)
VALISNOTES | 22-23
The crime committed is:
1. Coercion, if there is no intent to gain;
or
2. Malicious mischief, if there is no
violence or intimidation used and
intent to gain.
Art. 312 only provides a penalty of fine.
However, the offender shall also suffer the
penalty for acts of violence executed by
him. Art. 48 does not apply.
Art. 312 provides a single, albeit twotiered, penalty consisting of a principal
penalty, which is. that incurred for the acts
of violence, and an additional penalty of
fine based on the value of the gain
obtained by the accused, This is clear from
the Clause “in addition to the penalty
incurred for the acts
of violence executed by him”.
Altering
It is understood in its general and
indefinite meaning. Any alteration is
“The only time you should ever look back is to see how far you've come.”
51
-방탄소년단
CRIME
ALTERING
BOUNDARIES OR
LANDMARKS
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
1.
2.
NOTES/OTHERS
There be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same; and
The offender alters said boundary marks.
enough to constitute the material element
of the crime. Intent to gain or intent to
defraud is not necessary.
Creditors are prejudiced when the offender
transferred or disposed his properties to
place them beyond the reach of his
creditors resulting to the non-enforcement
of the writ of execution issued against the
offender.
(DAP)
ART. 314
FRAUDULENT
INSOLVENCY
1.
2.
3.
Actual prejudice is required. Fraudulent
concealment of property is not sufficient if
the creditor has some other property with
which to satisfy his obligation.
The offender is a debtor, that is, he has obligations due and
demandable;
He absconds with his property; and
There be prejudice to his creditors.
Real property may be the subject matter of
fraudulent insolvency.
ELEMENTS IN GENERAL: [DED(mdt)]
1.
2.
3.
ART. 315
SWINDLING/EST
AFA
The accused defrauded another by abuse of confidence, or
by means of deceit;
Damage or prejudice capable of pecuniary estimation is
caused to the offended party or third persons; and
Damage or prejudice may consist of:
a. The offended party being deprived of his money
or property as a result of the defraudation;
b. Disturbance in property rights; or
c. Temporary prejudice.
WAYS OF COMMITTING ESTAFA: (UF2)
1.
With unfaithfulness or abuse of confidence:
a. With unfaithfulness (Art. 315, No. 1-A);
b. With abuse of confidence (Art. 315, No. 1-B);
c. By taking undue advantage of the signature in
blank (Art. 315, No. 1-C);
I.
ESTAFA WITH
UNFAITHFULNESS OR ABUSE OF
CONFIDENCE
A. ESTAFA
UNFAITHFULNESS
WITH
ELEMENTS: (OAD)
1. The offender has an onerous
obligation to deliver something of
value;
2. He alters its substance, quantity or
quality; and
3. Damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons.
B. ESTAFA WITH
CONFIDENCE
VALISNOTES | 22-23
It is not necessary that the defendant
should have been adjudged bankrupt or
insolvent.
Profit or gain must be obtained by the
accused personally. Mere negligence in
allowing another to benefit from the
transaction is not estafa.
ABUSE
OF
1-A
It is estafa even if the obligation be based
on an immoral or illegal consideration.
When there is no agreement as to the
quality of the thing to be delivered, the
delivery of the thing not acceptable to the
complainant is not estafa.
1-B
MP + M = Theft
JP + MP + M = Estafa
O + JP + MP + M = No crime
“The only time you should ever look back is to see how far you've come.”
52
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
2.
3.
By means of false pretenses or fraudulent acts:
a. Using fictitious name or false pretenses and other
similar deceit (Art. 315, No. 2-A);
b. By altering the quality, fineness or weight of
anything pertaining to his art or business (Art.
315, No. 2-B);
c. By pretending to have bribed any Government
employee (Art. 315, No. 2-C);
d. By postdating a check or issuing a check in
payment of an obligation (Art. 315, No. 2-D);
e. By obtaining food or accommodation at a hotel,
etc. (Art. 315, No. 2-E);
Through fraudulent means:
a. By inducing another to sign any document (Art.
315, No.3-A);
b. By resorting to some fraudulent practice to insure
success in gambling (Art. 315, No.3-B);
c. By removing, concealing or destroying
documents (Art. 315, No. 3-C).
ELEMENTS: (RMPD)
1. Money, goods, or other personal
property be received by the offender
in trust, or on commission, or for
administration, or under any other
obligation involving the duty to make
delivery of, or to return, the same;
2. There be 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 be demand made by the
offended party to the offender.
C. ESTAFA BY TAKING UNDUE
ADVANTAGE
OF
THE
SIGNATURE IN BLANK
ELEMENTS: (BDWL)
1. The paper with the signature of the
offended party be in blank;
2. The offended party should have
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;
and
4. The document so written creates a
liability of, or causes damage to the
offended part or any third person.
II.
ESTAFA BY MEANS OF
DECEIT
ELEMENTS: (FPID)
1. There must be false pretense,
fraudulent act or fraudulent means;
VALISNOTES | 22-23
NOTES/OTHERS
It bears to stress that a sum of money
received by an employee on behalf of an
employer is considered to be only in the
material possession of the employee. The
material possession of an employee is
adjunct, by reason of his employment, to a
recognition of the juridical possession of
the employer.
The person prejudiced need not be the
owner of the property.
The consummation of the crime of estafa
does not depend on the fact that a request
for a return of the money is first made and
refused in order that the author of the
crime should comply with the obligation to
return the sum misapplied.
In a prosecution for estafa, demand is not
necessary where there is evidence of
misappropriation or conversion.
Demand under this kind of estafa need not
be formal or written except when:
1. When the offender’s obligation to
comply is subject to a period; and
2. When the accused cannot be located
despite due diligence.
Compromise or Novation
Criminal liability is not affected when
estafa is already committed because it is a
public offense. Novation is not one of the
grounds for the extinguishment of criminal
liability.
However, where such novation occurs
before the commission of estafa, no
criminal liability attaches.
“The only time you should ever look back is to see how far you've come.”
53
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
4.
QUALIFYING
CIRCUMSTANCES/OTHERS
Such false pretense, fraudulent act or
fraudulent means be made or executed
prior to or simultaneously with the
commission of the fraud;
The offended party must have relied
on the false pretense, fraudulent act or
fraudulent means, that is, he was
induced to part with his money or
property because of the false pretense,
fraudulent act or fraudulent means;
and
As a result thereof, the offended party
suffered damage.
Ways of committing estafa by means of
deceit:
A. 315, 2-A: (FPO)
a. By using a fictitious name;
b. By falsely pretending to possess
(piqp-cab)
- Power;
- Influence;
- Qualifications;
- Property;
- Credit;
- Agency; or
- Business
or
imaginary
transactions; and
c. By means of other similar
deceits.
B. 315, 2-B
Committed by altering the quality,
fineness or weight of anything pertaining
to his art or business.
C. 315, 2-C
VALISNOTES | 22-23
NOTES/OTHERS
Reimbursement or restitution
extinguishes civil liability.
only
2-A
Under this class of estafa, the element of
deceit is indispensable. Such deceit
consists of the false statement or
fraudulent representation of the accused,
which was made prior to, or at least
simultaneously with, the delivery of the
thing by the complainant, it being essential
that such false statement or fraudulent
representation constitutes the very cause
or the only motive – that induces the
complainant to part with the thing of value.
If there is no prior or simultaneous false
statement or fraudulent representation, any
subsequent act of accused, however
fraudulent and suspicious it may appear,
cannot serve as a basis for prosecution for
this class of estafa.
There is use of fictitious name when a
person uses a name other than his real
name.
The offender must be able to obtain
something from the offended party
because of the false pretense, that is,
without which the offended party would
not have parted with it.
2-C
The accused, by pretending to have bribed
a government employee, can be held
further liable for such calumny in a
criminal action for either slander or libel
depending on how he recounted the
supposed bribery.
“The only time you should ever look back is to see how far you've come.”
54
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
Committed by pretending to have bribed
any Government employee.
D. 315, 2-D: (PF)
a. The offender postdated a check,
or issued a check in payment of
an obligation; and
b. Such postdating or issuing a
check was done when the
offender had no funds in the
bank, or his funds deposited
therein were not sufficient to
cover the amount of the check.
E. 315, 2-E (FCR)
a. Obtaining food, refreshment or
accommodation at hotel, inn,
restaurant, boarding house,
lodging house or apartment house
without paying therefor, with
intent to defraud the proprietor or
manager thereof;
b. Obtaining credit at any of the said
establishments by the use of any
false pretense; or
c. Abandoning or surreptitiously
removing aby part of his baggage
from
any
of
the
said
establishments after obtaining
credit, food, refreshment or
accommodation thereon, without
paying therefor.
NOTES/OTHERS
However, the crime committed is
corruption of public officers if the
money was indeed given.
2-D
To constitute estafa by postdating or
issuing a check in payment of obligation,
deceit should be the efficient cause of
defraudation. The act must have been
committed either prior to or simultaneous
with the defraudation complained of.
Hence, a check issued in payment of a preexisting obligation does not constitute
estafa even if there is no fund in the bank
to cover the amount of the check.
If the check was issued by the debtor only
for security of the creditor, as in the nature
of promissory notes but not to be
encashed, no estafa will be involved.
Good faith is a defense in a charge of
estafa by postdating or issuing a check.
Estafa by issuing a bad check is a
continuing offense.
There is prima facie evidence of deceit
when the drawer fails to pay or make
arrangement for payment 3 days after
receiving notice of dishonor.
The payee or person receiving the check
must be damages or prejudiced.
III.
ESTAFA THROUGH
FRAUDULENT MEANS
A. ESTAFA
BY
ANOTHER TO
DOCUMENT
VALISNOTES | 22-23
INDUCING
SIGN ANY
3-A
If offended party willingly signed the
document and there was deceit as to the
character or contents of the document, the
“The only time you should ever look back is to see how far you've come.”
55
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS: (SDP2)
1. That the offender induced the
offended party to sign a document;
2. That deceit be employed to make
him sign the document;
3. That the offended party personally
signed the document; and
4. That prejudice be caused.
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
crime committed is falsification. But
where the accused made representation as
to mislead the complainant as to the
character of the documents, the crime is
estafa.
B. ESTAFA BY RESORTING TO
SOME FRAUDULENT
PRACTICE TO ENSURE
SUCCESS IN GAMBING
C. ESTAFA BY REMOVING,
CONCEALING OR
DESTROYING DOCUMENTS
ELEMENTS: (CRD)
1. There be court record, office files,
documents or any other papers;
2. The offender removed, concealed, or
destroyed any of them; and
3. The offender had intent to defraud
another.
Persons Liable: (PKOEAS)
A. Any person who, pretending to be the owner of any real
property, shall convey, sell, encumber or mortgage the
same;
ART. 316
OTHER FORMS
OF SWINDLING
ELEMENTS: (IRAP)
1. The thing be immovable, such as a parcel of land or a
building (which must be of actual existence);
2. The offender who is not the owner of said property should
represent that he is the owner thereof;
3. The offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real
property); and
4. The act be made to the prejudice of the owner or a third
person.
VALISNOTES | 22-23
316-1
If the thing does not exist, the crime is
estafa by means of false pretenses under
Art. 315(2)(a).
316-3
The crime will still be estafa even if the
owner takes the personalty from the lawful
possessor under the modes of taking in
theft or robbery which latter crimes cannot
be committed by the owner on his
property.
316-5
This act requires fraud as an essential
element. If there is no fraud, it only
“The only time you should ever look back is to see how far you've come.”
56
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
B. Any person who, knowing that real property is
encumbered, shall dispose of the same, although such
encumbrance be not recorded;
ELEMENTS: (RKED)
1. The thing disposed of be real property;
2. The offender knew that the real property was encumbered,
whether the encumbrance is recorded or not (hence, the
principle of (constructive notice does not apply);
3. There must be express representation by the offender that
the real property is free from encumbrance; and
4. The act of disposing of real property be made to the
damage of another;
C. The owner of any personal property who shall wrongfully
take it from its lawful possessor to the prejudice of the
latter or any third person;
ELEMENTS: (PPTP)
1. The offender is the owner of personal property;
2. Said personal property is in the lawful possession of
another;
3. The offender wrongfully takes it from its lawful
possession (if taken from an unlawful possessor, Art. 429
of the CC applies); and
4. Prejudice is thereby caused to the possessor or third
person.
D. Any person who, to the prejudice of another, shall execute
any fictitious contract;
E. Any person who shall accept any compensation for
services not rendered or for labor not performed; and
F. Any person who shall sell, mortgage or encumber real
property with which the offender guaranteed the
fulfillment of his obligation as surety.
ELEMENTS: (SGS-WCR)
VALISNOTES | 22-23
NOTES/OTHERS
becomes solutio indebiti, with the civil
obligation to return the wrong payment.
Since the penalty of fine prescribes in Art.
316 is based on the “value of the damage
caused,” mere intent to cause damage is
not sufficient. There must be actual
damage caused by the act of the offender.
“The only time you should ever look back is to see how far you've come.”
57
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
The offender is a surety in a bond given in a criminal or
civil action;
2. He guaranteed the fulfillment of such obligation with his
real property or properties;
3. He sells, mortgages, or in any manner encumbers said real
property; and
4. Such sale, mortgage or encumbrance is:
a. Without express authority from the court;
b. Made before the cancellation of his bond; or
c. Before being relieved from the obligation
contracted.
(DAMI)
NOTES/OTHERS
1.
ART. 317
SWINDLING A
MINOR
1.
2.
The transaction is to the detriment of such minor;
The offender takes advantage of the inexperience or
emotions or feelings of a minor;
3. The consideration is some loan of money, credit, or other
personal property; and
4. He induces such minor to assume an obligation or to give
release, or to execute a transfer of any property right.
Punishable Acts: (D-IFA)
1.
ART. 318
OTHER DECEITS
2.
1.
Actual
proof
of
deceit
or
misrepresentation is not necessary. It is
sufficient that the offender takes
advantage of the inexperience or emotions
of the minor.
Defrauding or damaging another by any other deceits not
mentioned in the preceding articles;
By:
a. Interpreting dreams;
b. Making forecasts, telling fortunes;
c. Taking advantage of the credulity of the public in
any other manner, for profit or gain.
Punishable Acts: (KS)
ART. 319
REMOVAL, SALE
OR PLEDGE OF
MORTGAGED
PROPERTY
If real property, Art. 318 applies; a minor
cannot convey real property without
judicial authority.
Knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city
other than the one which it is located at the time of the
execution of the mortgage, without the written consent of
the mortgagee or his executors, administrators or assigns;
and
Removal of Mortgaged Property
ELEMENTS: (PKRPN)
VALISNOTES | 22-23
The removal of the mortgaged personal
property must be coupled with an intent to
defraud.
A third person, other than the mortgagor,
may be held liable.
If the mortgagee elected to file a suit for
collection, not foreclosure, thereby
abandoning the mortgage as basis for
relief, the removal of the property is not a
violation of Par. 1 of Art. 319.
“The only time you should ever look back is to see how far you've come.”
58
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
b.
c.
d.
e.
f.
2.
Personal property is mortgaged under Chattel
Mortgage Law;
The offender knows that such property is so
mortgaged;
He 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 mortgaged;
The removal is permanent; and
There is no written consent of mortgagee, executors,
administrators, or assigns to such removal.
ART. 320-326-B
REPEALED BY
P.D. NO. 1613
AMENDING THE
LAW ON ARSON
2.
The Chattel mortgage must be valid and
subsisting.
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.
Sale or Pledge of Mortgaged Property Already Pledged
ELEMENTS: (ASN)
a. Personal property is already pledged under Chattel
Mortgage Law;
b. Offender, who is the mortgagor, sells or pledges the
same property or any part thereof; and
c. No consent of mortgagee written on the back of the
mortgage and noted on the record thereof in the Office
of the Register of Deeds.
KINDS OF ARSON: (SDO)
1.
NOTES/OTHERS
Simple Arson
When any person burns or sets fire to the property of
another, his own property under circumstances which
expose to danger the life or property of another. It is the
malicious destruction of property by fire.
Destructive Arson: (E-OTW-C)
Burning of:
a. One (1) or more buildings or edifices, consequent to
one single act of burning, or as a result of
simultaneous burnings, or committed on several or
different occasions;
Special Aggravating Circumstance in
Arson: (IBMS)
1.
2.
3.
4.
If committed with intent to gain;
If committed for the benefit of
another;
If the offender is motivated by spite or
hatred towards the owner or occupant
of the property burned; and
If committed by a syndicate – planned
or carried out by 3 or more persons.
Prima Facie Evidence of Arson: (S2GILWM)
VALISNOTES | 22-23
Conspiracy to commit arson is punished.
The building which is the object of arson
including the land on which it is situated
shall be confiscated and escheated to the
State.
Attempted Arson; Illustration
A person, intending to burn a wooden
structure, collects some rags, soaks them
in gasoline and places them beside the
wooden wall of the building. When he is
about to light a match to set fire to the
“The only time you should ever look back is to see how far you've come.”
59
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
b.
c.
d.
e.
Any building of public or private ownership, devoted
to the public in general or where people usually gather
or congregate for a definite purpose such as, but not
limited to official governmental function or business,
private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances 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;
Any train or locomotive, ship or vessel, airship or
plane, devoted to transportation or conveyance, or for
public use, entertainment or leisure;
Any building, factory, warehouse installation and any
appurtenance thereto, which are devoted to the
service of public utilities; or
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.
There is also destructive arson when: (TAI)
a.
When the
arson is
committe
d by two
(2)
or
more
persons,
regardless
of
whether
their
purpose is
merely to
burn
or
destroy
1.
2.
3.
4.
5.
6.
7.
If the fire started simultaneously in
more than one part of the building or
establishment:
If a substantial amount of flammable
substances or materials are stored
within the building not necessary in
the business of the offender nor for
household use;
If gasoline, kerosene, petroleum or
other flammable or combustible
substances or materials soaked
therewith or containers thereof, or any
mechanical, electrical, chemical, or
electronical 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;
If the building or property is insured
for substantially more than its actual
value at the time of the issuance of the
policy;
If during the lifetime of the
corresponding fire insurance more
than two fires have occurred in the
same or other premises owned or
under the control of the offender
and/or insured;
If shortly before the fire, a substantial
portion of the effects insured and
stored in a building or property had
been withdrawn from the premises
except in the ordinary course of
business: and
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 the person or property of the
victim.
VALISNOTES | 22-23
NOTES/OTHERS
rags, he is discovered by another who
chases him away.
The crime committed is attempted arson
because the offender commences the
commission of the crime directly by overt
acts (placing the rags soaked in gasoline
beside the wooden wall of the building and
lighting a match) but he does not perform
all the acts of execution (the setting of fire
to the rags) due to the timely intervention
of another who chases away the offender.
Consummated Arson; Illustration
Arson is consummated when all the acts
necessary to produce combustion are
present in the thing sought to be burnt. The
extent of damage is immaterial, it being
sufficient that portion of the thing is
burned.
Any charring of the wood of a building,
whereby the fiber of the wood is
destroyed, is sufficient. It is not necessary
that the wood should be ablaze.
The mere fact that a building is scorched
or discolored by heat is not sufficient to
constitute consummated arson.
No frustrated arson
Even if a building is not completely gutted
by the fire, the crime committed is still
consummated arson. It is enough that a
portion thereof is shown to have been
destroyed.
Determine the objective
Arson: If the main objective is the burning
of the building or edifice but death results
by reason or on the occasion of arson.
“The only time you should ever look back is to see how far you've come.”
60
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
the
building
or
the
burning
merely
constitute
s an overt
act in the
commissi
on
of
another
violation
of the law;
b. When any
person
shall burn:
i. Any arsenal, shipyard, storehouse or
military power or fireworks factory,
ordinance, storehouse, archives or general
museum of the Government; or
ii. In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
Other Cases of Arson: (GI2PR2)
Burning of:
a. Any building used as offices of the Government or
any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
d. Any plantation, farm, land pasture, growing crop,
grain field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill, or mill central;
and
f. Any railway or bus station, airport, wharf or
warehouse.
(DNM)
NOTES/OTHERS
Murder: If the main objective is to kill a
particular person who may be in a building
or edifice and fire is resorted to as the
means to accomplish such goal.
Separate crimes of arson and
homicide/murder: If the objective is to
kill a particular person and in fact the
offender has already done so but fire is
resorted to as a means to cover up the
killing.
Special complex crime of Destructive
Arson under last paragraph of Art. 320:
If by reason of or on the occasion of arson,
death results. The penalty is reclusion
perpetua.
Arson committed through negligence
Where a person burns trash disregarding
the strong wind blowing and the cinders
landed on the property of another, the
|crime is reckless imprudence resulting to
arson or simple imprudence, depending
upon the circumstance, place and how
strong the wind is blowing.
3.
ART. 327
WHO ARE
LIABLE OF
1.
The offender deliberately caused damage to the property
of another;
VALISNOTES | 22-23
Malicious Mischief
The willful damaging of another's property
for the sake of causing damage due to hate,
revenge or other evil motive.
“The only time you should ever look back is to see how far you've come.”
61
-방탄소년단
CRIME
MALICIOUS
MISCHIED
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
2.
3.
Such act does not constitute arson or other crimes
involving destruction; and
The act of damaging another’s property be committed
merely for the sake of damaging it.
NOTES/OTHERS
The third element presupposes that the
offender acted due to hate, revenge or
other evil motive.
This crime cannot be committed through
negligence, since culpa and malice are
essentially incompatible.
If there is no malice in causing the
damage, the obligation is only civil.
Damage
Means not only loss but also a diminution
of what is a man’s own. Thus, damage to
another's house includes defacing it.
Malicious mischief does not necessarily
involve moral turpitude.
It is theft when there is intent to gain as
when after damaging the property, the
offender removes or makes use of the
fruits or objects of the damage.
(OPNS)
1.
ART. 328
SPECIAL CASES
OF MALICIOUS
MISCHIEF
2.
3.
4.
ART. 329
OTHER
MISCHIEFS
ART. 330
DAMAGE AND
OBSTRUCTION
TO MEANS OF
These are called qualified malicious
mischief.
Causing damage to obstruct the performance of public
functions;
Using poisonous or corrosive substances;
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; and
Spreading any infection or contagion among cattle.
The mischief mentioned in the first clause
(no. 1) is to be distinguished from sedition
(RPC, Art. 139), in that the element of
public and tumultuous uprising is not
present in this crime.
Mischiefs not included in the next preceding article and are
punished according to the value of damage caused.
Person Liable
Any person who shall damage any:
a. Railway;
b. Telegraph or telephone lines.
Qualifying Circumstance
Damage shall result in the derailment of
cars, collision, or other accident.
VALISNOTES | 22-23
For the purpose of the provision of Art.
330, the electric wires, traction cables,
signal system, and other things pertaining
to railways, shall be deemed to constitute
“The only time you should ever look back is to see how far you've come.”
62
-방탄소년단
CRIME
COMMUNICATIO
N
2.
If without intent to kill – The crime is damages to means
of communication with Homicide (Art. 331, par. 2 says
“without prejudice to the criminal liability of the offender
for other consequences of his criminal act”);
If with intent to kill – The crime is murder, if damaging
the railways was the means to accomplish the criminal
purpose.
Persons Liable:
1.
2.
Any person who shall destroy or damage statues or any
other useful or ornamental public monuments; and
Any person who shall destroy or damage any useful or
ornamental painting of a public nature.
Spouses
In relation to Articles 147 and 148 of the
Family Code, common law spouses are coowners of the property. As such,
exemption should be construed in favor of
common law spouses by reason of being
co-owners.
Crimes involved in the exemption: (TSM)
1.
2.
3.
Theft;
Swindling (estafa); and
Malicious mischief.
When exemption does not apply:
ART. 332
PERSONS
EXEMPT FROM
CRIMINAL
LIABILITY
NOTES/OTHERS
an integral part of a railway system. Art.
330 does not apply when the telegraph or
telephone do not pertain to railways.
Crimes committed if passengers are killed as a result of
damage to railway:
1.
ART. 331
DESTROYING OR
DAMAGING
STATUES,
PUBLIC
MONUMENTS OR
PAINTINGS
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
Persons exempted: (SAB-WS)
1.
1.
2.
3.
4.
5.
Spouses;
Ascendants and descendants, relatives by affinity in the
same line;
Brothers and sisters and brothers-in-law and sisters-inlaw, if living together;
Widow if the property is not divided for then she is a coowner;
Stepfather, adopted father, natural children, concubine,
paramour.
2.
In case of strangers participating in
the commission of the crime; and
If the crimes of theft, swindling and
malicious mischief are complexed
with another crime.
VALISNOTES | 22-23
Ascendants and descendants, relatives
by affinity in the same line
This should include stepparents and
stepchildren because they are ascendants
and descendants by legitimate affinity.
Brother and sisters and BILs and SILs
This should include legitimate and
illegitimate half-brother and sisters for the
law did not limit the term to legitimate and
adopted full brothers/sisters. However,
stepbrothers and stepsisters should be
excluded for they are not relatives either
by affinity or blood.
“The only time you should ever look back is to see how far you've come.”
63
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Reason for exemption
The law recognizes the presumed coownership of the property between the
offender and the offended party.
No criminal liability but only civil liability
shall result from the commission of any of
the said crimes.
Carnapping
Taking, with intent to gain, of a motor
vehicle belonging to another without the
latter's consent, or by means of violence
against or intimidation of persons, or by
using force upon things.
(TIB-CVF)
R.A. NO. 10883
NEW ANTICARNAPPING
ACT OF 2016
1.
2.
3.
4.
There is an actual taking or the vehicle;
The offender intends to gain from the taking of the vehicle;
The vehicle belongs to a person other than the offender
himself;
The taking is without the consent of the owner thereof, or
that the taking was committed by means of violence
against or intimidation of persons, or by using force upon
things.
(CAKI)
P.D. NO. 1612
ANTI-FENCING
LAW
1.
2.
A crime of robbery or theft has been committed;
The accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells 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 the said crime;
VALISNOTES | 22-23
Motor Vehicle
Any vehicle propelled by any power other
than muscular power using the public
highways, except road rollers, trolley cars,
street sweepers, sprinklers, lawn mowers,
bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public
highways; vehicles which run only on rails
or tracks; and tractors, trailers and traction
engines of all kinds used exclusively for
agricultural purposes. Trailers having any
number of wheels, when propelled or
intended to be propelled by attachment-to
a motor vehicle, shall be classified as a
separate motor vehicle with no power
rating.
Fencing
It is the act of any person who, with intent
to gain for himself or for another, shall
buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any
article, item, object or anything of value
which he knows, or should be known to
him, to have been derived from the
proceeds of the crime of robbery or theft.
“The only time you should ever look back is to see how far you've come.”
64
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
3.
4.
The accused knows or should have known that the said
article, item, object or anything of value has been derived
from the proceeds of the crime of robbery or theft;
There is, in the part of the accused, intent to gain for
himself or for another.
NOTES/OTHERS
The crime of fencing applies only to
proceeds of theft or robbery. It does not
apply to other crimes of gain like estafa.
The fence should otherwise be an
accessory, not a principal or accomplice in
robbery or theft. But the fence is a
principal in the prosecution for the
violation of P.D. No. 1612.
Presumption of Fencing
GR: Fencing is a malum prohibitum, and
P.D. No. 1612 creates a prima facie
presumption of Fencing from evidence of
possession by the accused of any good,
article, item, object or anything of value,
which has been the subject of robbery or
theft and prescribes a higher penalty based
on the value of the property.
XPN: All stores, establishments or entities
dealing in the buy and sell of any good,
article item, object or anything of value
obtained from an unlicensed dealer or
supplier thereof, shall before offering the
same for sale ta the public, secure the
necessary clearance or permit from the
station commander of the Philippine
National Police in the town or city where
such store, establishment or entity is
located.
Any person who fails to secure the
clearance or permit required by this
Section or who violates any of the
provisions of the rules and regulations
promulgated thereunder shall upon
conviction be punished as a fence.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
65
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
Punishable Acts:
1.
Making or drawing and issuing a check knowing at the
time of issue that he does not have sufficient funds;
ELEMENTS: (MAKD)
a. That a person makes or draws and issues any check;
b. That the check is made or drawn and issued to apply
on account or for value;
c. That the person knows that at the time of issue he does
not have sufficient funds in or credit with the drawee
bank for the payment of such check upon its
presentment; and
d. That the check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit or
would have been dishonored for the same reason had
not the drawer, without any valid reason, ordered the
bank to stop payment.
B.P. BLG. 22
BOUNCING
CHECKS LAW
2.
Failing to keep sufficient funds or to maintain credit to
cover the full amount of the check.
ELEMENTS: (S90D5)
a. That a person has sufficient funds with the drawee
bank when he makes or draws and issues a check;
b. That he fails to keep sufficient funds or to maintain a
credit to cover the full amount if presented within a
period of 90 days from the date appearing thereon;
c. That the check is dishonored by the drawee bank; and
d. After receiving such written notice and demand,
refuses or fails to pay the value of the check within 5
banking days.
QUALIFYING
CIRCUMSTANCES/OTHERS
Evidence of Knowledge of Insufficient
Funds:
GENERAL RULE: The making, drawing
and issuance of a check the payment of
which is refused by the drawee because of
insufficient funds in or credit with such
bank, when presented within ninety (90)
days from the date of the check, shall be
prima facie evidence of knowledge of such
insufficiency of funds or credit.
EXCEPTIONS:
If the maker or drawer: (PA)
1. Pays the holder thereof the amount
due thereon within five (5) banking
days after receiving notice that such
check has not been paid by the
drawee; or
2. Makes arrangements for payment in
full by the drawee of such check
within five banking days after
receiving notice that such check has
not been paid by the drawee.
For this presumption to arise, the
prosecution must prove the following:
1. The check is presented within 90 days
from the date of the check;
2. The drawer or maker of the check
receives notice that such check has
not been paid by the drawee; and
3. The drawer or maker of the check fails
to pay the holder of the check the
amount due thereon, or make
arrangements for payment in full
within 5 banking days after receiving
notice that such check has not been
paid by the drawee.
In other words, the presumption is brought
into existence only after it is proved that
VALISNOTES | 22-23
NOTES/OTHERS
The gravamen of B.P. Blg. 22 is the act of
issuing a worthless check or a check that is
dishonored upon its presentment for
payment. The law has made the mere act
of issuing a bum check a malum
prohibitum, an act proscribed by
legislature for being deemed pernicious
and inimical to public welfare.
Presumption
of
knowledge
of
insufficient funds will not arise without
notice of nonpayment or proof thereof.
The presumption or prima facie evidence
cannot arise if such notice of nonpayment
by the drawee bank is not sent to the maker
or drawer, or if there is no proof as to when
such notice was received by the drawer
since there would simply be no way of
reckoning the crucial 5-day period.
The 90-day period stated is not an element
of the violation of B.P. Big. 22 by failing
to keep sufficient funds. As such, the
maker, drawer, or issuer of the check is not
discharged from his duty to maintain a
sufficient balance in his account for a
reasonable time even beyond the 90- day
period. A “reasonable time”, according to
current banking practice, is 6 months or
180 days after which the check becomes
stale.
Thus, where a check is presented beyond
the 90-day period, but within 180 days
from the date indicated therein, and it was
dishonored due to a failure to maintain a
sufficient balance, the maker, drawer or
issuer shall still be liable for violation of
B.P. Blg. 22.
“The only time you should ever look back is to see how far you've come.”
66
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
the issuer had received a notice of
dishonor and that within five days from
receipt thereof, he failed to pay the amount
of the check or to make arrangements for
its payment.
NOTES/OTHERS
The law requires that the insufficiency of
funds in or credit shall be explicitly stated
in the dishonor, hence, a mere oral notice
or demand to pay is insufficient for
conviction under B.P. Blg. 22.
SC-AM 12-2000, AS CLARIFIED BY
SC-AC 12-2001
Where the circumstances of both the
offense and the offender clearly indicate
good faith or a clear mistake of fact
without taint of intelligence, the
imposition of fine alone should be
considered as the more appropriate
penalty.
The administrative circular merely lays
down a rule of preference in the
application of the penalties provided for in
B.P. Blg. 22. The circular does not delete
the penalty of imprisonment, for should
the judge decide that imprisonment is the
more appropriate penalty, the circular
ought not to be a hindrance.
Prosecution under B.P. Blg. 22 shall be
without prejudice to any liability for any
violation in the RPC. The fine under B.P.
Blg. 22 is based on the amount of the
check and is without regard to the amount
of damage caused.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
67
-방탄소년단
CRIMES COMMITTED BY PUBLIC OFFICERS
CRIME
ART. 203
WHO ARE PUBLIC
OFFICERS
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
To be a public officer, one must: (PA-lea)
Examples of public officers
1.
1.
2.
3.
2.
Take part in the performance of public functions in the
government, or performing in said Government or in any
of its branches public duties as an employee, agent or
subordinate official, of any rank or class; and
Have authority to take part in the performance of public
functions or to perform public duties by: (lea)
a. Direct provision of the law;
b. Popular election; or
c. Appointment by competent authority.
4.
5.
6.
GSIS branch manager;
Police Senior Inspector;
A person appointed as a laborer but
was given the work of preparing
motions for dismissal of traffic cases;
A fiscal analyst;
A Municipal Mayor and a Municipal
Treasurer; and
A Barrio Captain
Sources of Unjust Judgment:
1.
2.
3.
(J-RUK)
ART. 204
KNOWINGLY
RENDERING
UNJUST JUDGMENT
1.
2.
3.
4.
The offender is a Judge;
He renders a judgment in a case submitted to him for
decision;
The judgment is unjust; and
The judge knows that his judgment is unjust.
Error;
Ill-will or revenge; or
Bribery.
There must first be a “final and
authoritative judicial declaration” that the
decision or order in question is indeed
“unjust.” The pronouncement may result
from either:
1. An action for certiorari or
prohibition in a higher court
impugning the validity of the
judgment; or
2. An administrative proceeding in the
Supreme Court against the judge
precisely for promulgating an unjust
judgment or order.
VALISNOTES | 22-23
NOTES/OTHERS
The term “public officers” embraces
every public servant from the highest to
the lowest rank. For the purposes of the
RPC, it obliterates the standard
distinction in the law of public officers
between “officer” and “employee”
Temporary performance of public
functions is sufficient to constitute a
person a public official.
One who has a duty to perform towards
the public even though his duty is
confined to narrow limits, is nonetheless
a public officer because it is his duty and
its nature which makes him a public
officer and not the extent of his authority.
Judgment
A judgment is a final order which
disposes of the whole subject matter or
terminates a particular proceeding or
action, leaving nothing to be done but to
enforce by execution what has been
determined.
Unjust judgment
It is one which is contrary to law, or is not
supported by evidence, or both.
A decision is not necessarily unjust
simply because a judge is disqualified to
render it.
The judge must render the judgment with
conscious and deliberate intent to do an
injustice.
There is no liability at all for a mere error
in good faith.
“The only time you should ever look back is to see how far you've come.”
68
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
Does not apply to members of
collegiate courts
Art. 204 has no application to members of
a collegiate court (e.g. Supreme Court,
Court of Appeals, Sandiganbayan, and
Court of Tax Appeals) who reach their
conclusions
in
consultation
and
accordingly render their collective
judgment after due deliberation.
Manifestly Unjust Judgment
It is so manifestly contrary to law, that
even a person having a meager
knowledge of the law cannot doubt the
injustice.
(J-RUI)
ART. 205
JUDGMENT
RENDERED
THROUGH
NEGLIGENCE
1.
2.
3.
4.
The offender is a Judge;
He renders a judgment in a case submitted to him for
decision;
The judgment is manifestly unjust; and
It is due to his inexcusable negligence or ignorance.
(JU-KI)
ART. 206
UNJUST
INTERLOCUTORY
ORDER
1.
2.
The offender is a Judge;
He renders unjust interlocutory order or decree:
a. Knowingly; or
b. Through inexcusable ignorance or negligence.
VALISNOTES | 22-23
Before a civil or criminal action against a
judge for a violation of Art. 204 and 205
(knowingly rendering an unjust judgment
or order) can be entertained, there must
first be "a final and authoritative judicial
declaration” that the decision or order in
question is indeed "unjust."
Although there may be abuse of
discretion in issuing an order, it does not
necessarily follow that there is bad faith
or that his abuse of discretion signifies
ignorance of the law on the part of the
judge.
Mere error of judgment is not punishable.
Interlocutory Order
An order is considered interlocutory if,
between the beginning and the
termination of a case, the court decides on
a point or matter that is not yet a final
judgment on the entire controversy.
Settles only some incidental, subsidiary
or collateral matter arising in an action.
“The only time you should ever look back is to see how far you've come.”
69
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
TEST: Does it leave something to be
done in the trial court with respect to the
merits of the case? If it does, it is
interlocutory; if it does not, it is final. An
example of interlocutory order is an order
granting preliminary injunction or an
order appointing a receiver.
Mere delay without malice is not a felony
under this article.
If the delay is not malicious, but
committed through gross negligence, the
crime committed us that under R.A. No.
3018, Sec. 3(e).
(JPDM)
ART. 207
MALICIOUS DELAY
IN THE
ADMINISTRATION
OF JUSTICE
1.
2.
3.
4.
The offender is a Judge;
There is a proceeding in his court;
He delays the administration of justice; and
The delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either
party in the case.
Punishable Acts:
1.
2.
ART. 208
PROSECUTION OF
OFFENSES;
NEGLIGENCE AND
TOLERANCE
Maliciously refraining from instituting prosecution
against violators of the law; and
Maliciously tolerating the commission of a crime.
Who may be offenders:
1.
DERELICTION OF DUTY; ELEMENTS: (DNM)
1.
2.
3.
The offender is a public officer or officer of the law who
has a duty to cause the prosecution of, or to prosecute
offenses;
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;
and
The offender acts with malice and deliberate intent to
favor the violator of the law.
2.
Public officer: officers of the
prosecution department, whose duty
is to institute criminal proceedings
for felonies upon being informed of
their perpetration.
Officer of the law: includes all those
who, by reason of the position held by
them, are duty-bound to cause
prosecution and punishment of
offenders.
VALISNOTES | 22-23
Where the delay in the completion of the
investigation was due to partly to
complainant herself and to the desire of
the parties to settle the case amicably, the
judge cannot be liable for maliciously
delaying the preliminary investigation of
the criminal case.
Dereliction of the duties of his office
The public officer, whose duty is to
prosecute
criminals,
knows
the
commission of the crime but he does not
cause the prosecution of the criminal.
Tolerance
The officer knows that a crime is about to
be committed but he tolerates such
commission.
Crime must be proved before conviction
for dereliction. If the charge is not proven
or the facts shown do not constitute a
crime, there is no ground for holding any
person guilty either as principal or
accessory.
“The only time you should ever look back is to see how far you've come.”
70
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
Malice is an important element in this
article.
Not applicable to revenue officers.
The fiscal or the city attorney, as
prosecuting officer, is under no
compulsion to file the corresponding
information based upon as complaint,
where he is not convinced that the
evidence gathered or presented would
warrant the filing of an action in court.
A public officer who harbors, conceals, or
assists in the escape of an offender, when
it is his duty, to prosecute him is liable as
principal in the crime of dereliction of
duty in the prosecution of offenses and
not merely an accessory.
1. If no damage is caused, the attorney
may be held liable administratively
or civilly.
2. Damage is not necessary.
3. If the client consents to the attorney’s
taking the defense of the other party,
there is no crime.
Punishable Acts: (CRU)
ART. 209
BETRAYAL OF
TRUST BY AN
ATTORNEY OR
SOLICITOR –
REVELATION OF
SECRETS
1.
2.
3.
Causing damage to his client, either:
a. Any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance;
Revealing any of the secrets of his client learned by him
in his professional capacity; and
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.
If the client seeks his lawyer's advice with
respect to a crime he committed, he is
given the protection of a virtual
confessional seal which the attorneyclient privilege declares cannot be broken
by the attorney without the client’s
consent. Said privileged confidentiality,
however, does not attach with regard to a
crime which a client intend to commit in
the future and for purposes of which he
seeks the lawyer’s advice.
An attorney or person reasonably
believed by the client to be licensed to
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
71
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
Punishable Acts: (A3)
1.
2.
3.
ART. 210
DIRECT BRIBERY
Agreeing to perform, or by performing, in consideration
of any offer, promise, gift or present, an act constituting
a crime, in connection with the performance of his
official duties;
Accepting a gift in consideration of the execution of an
act which does not constitute a crime, in connection with
the performance of his official duty; and
Agreeing to refrain, or by refraining, from doing
something which it is his official duly to do, in
consideration of a gift or promise.
NOTES/OTHERS
engage in the practice of law cannot,
without the consent of his client, be
examined as to any communication made
by the client to him or her, or his or her
advice given thereon. In the course of, or
with a view to, professional employment,
nor can an attorney’s secretary,
stenographer, or clerk, or other persons
assisting the attorney be examined,
without the consent of the client and his
or her employer, concerning any fact the
knowledge of which has been acquired in
such capacity.
1. The acceptance of the offer or
promise is enough to consummate
the crime. Absent such acceptance,
only the person making the offer or
promise is liable for Attempted
Corruption of Public Officer.
If the crime agreed upon was actually
committed by the public officer, he
shall be liable separately for the
same. The first paragraph of Art. 210
states “in addition to the penalty
corresponding to the crime agreed
upon, if the same shall have been
committed”. Accordingly, the crime
actually committed by the public
officer cannot be complexed with
direct bribery.
ELEMENTS: (PA-cur-C)
1.
2.
3.
The offender be a public officer;
The offender accepts an offer or a promise or receives a
gift or present by himself to through another;
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 so; and
VALISNOTES | 22-23
2.
The gift must be accepted by the
public officer. It may be received by
the public officer himself or through
a third person. Further, the gift may
be money, property, services or
anything else of value. It must be
capable of pecuniary estimation
because the penalty for fine is based
on the value of consideration.
“The only time you should ever look back is to see how far you've come.”
72
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
4.
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
The act which the offender agrees to perform or which
he executes be connected with the performance of his
official duties.
Mere
physical
receipt
unaccompanied by any other sign,
circumstance or act to show
acceptance is not sufficient to
conclude that the crime has been
committed. To do so would
encourage unscrupulous individuals
to frame up public officers by simply
putting within their physical custody
gift, money or other property.
If the offer is not accepted by the
public officer, only the person
offering the gift or present is
criminally liable for attempted
corruption of public officer under
Art. 212 in relation to Art. 6. The
public officer is not liable.
A promise to give to, and a promise
to commit an unlawful act by, a
public officer will be sufficient in
direct bribery under the first
paragraph.
3.
The third form of direct bribery
differs from prevaricacion (Art. 208)
in that in bribery, the offender
refrained from doing his official duty
in consideration of a gift received or
promised.
Art. 210 are made applicable to assessors,
arbitrators,
appraisal
and
claim
commissioners, experts or any other
persons performing public duties.
For the purpose of punishing bribery, the
temporary performance of public
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
73
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
functions is sufficient to constitute a
person a public officer.
There is no attempted or frustrated
indirect bribery because it is committed
by accepting gifts offered to the public
officer by reason of his office. If he does
not accept the gifts, he does not commit
the crime. If he accepts the gifts, the
crime is committed.
(PGO)
ART. 211
INDIRECT BRIBERY
1.
2.
3.
The offender is a public officer;
He accepts gifts; and
The said gifts are offered to him by reason of his office.
It is considered indirect bribery even if
there was a sort of an agreement between
public officer and giver of gift.
(LAP)
1.
ART. 211-A
QUALIFIED
BRIBERY
2.
3.
The offender is a public officer entrusted with law
enforcement;
The offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by
reclusion perpetua and/or death; and
The offender refrains from arresting or prosecuting the
offender in consideration of a promise, gift or present.
Qualifying Circumstances:
1.
2.
Position of offender; and
Nature of the crime he fails to
prosecute.
[O(og)C]
ART. 212
CORRUPTION OF
PUBLIC OFFICIALS
1.
2.
NOTES/OTHERS
The offender makes to a public officer:
a. Offers or promises; or
b. Gives gifts or presents; and
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 to direct or indirect bribery.
VALISNOTES | 22-23
Included within the prohibition is the
throwing of parties or entertainments in
honor of the official or employees or his
immediate relatives.
If the crime committed is punishable by a
penalty less than reclusion perpetua, the
public officer is liable under Art. 208 and
direct bribery.
Same with Art. 208, the guilt of the
offender is a prejudicial question to the
liability of the officer charged under this
provision.
This article punishes the person who
made the offer or promise or gave the gift,
even if the gift was demanded by the
public officer and the offer was not made
voluntarily prior to the said demand by
the public officer.
If the officer refused to be corrupted, the
crime is attempted corruption of public
officials but there is no bribery in the part
of the officer who refused. There is no
frustrated corruption and frustrated
bribery because these crimes involve the
concurrence of the will of the corruptor
“The only time you should ever look back is to see how far you've come.”
74
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
Punishable Acts: (ED-FC)
1.
2.
3.
4.
ART. 213
FRAUDS AGAINST
THE PUBLIC
TREASURY AND
SIMILAR OFFENSES
Entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud
the Government in dealing with any person with regard
to furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property or funds;
Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law, in
the collection of taxes, licenses, fees, and other imposts;
Failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him Officially, in the
collection of taxes, licenses, fees, and other imposts; and
Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees, and other imposts.
ELEMENTS OF FRAUDS AGAINST
TREASURY (PAR. 1): [PAE(fca)D]
1.
2.
3.
4.
PUBLIC
The offender be a public officer;
He should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity;
He entered into an agreement with any interested party
or speculator or made use of any other scheme with
regard to:
a. Furnishing supplies;
b. The making of contracts; or
c. The adjustment or settlement of accounts
relating to public property or funds; and
The accused had intent to defraud the Government.
ELEMENTS OF ILLEGAL EXACTIONS (PARS. 2-4):
[EG(dic)]
VALISNOTES | 22-23
NOTES/OTHERS
and the public officer. Hence, once they
agreed, the crime is immediately
consummated.
1. The offender must have the duty as
public officer to deal with any person
with regard to furnishing supplies,
making contracts, or the adjustment
or settlement of accounts relating to
public property or funds.
This crime is consummated by
merely entering into an agreement
with any interested party or
speculator or by merely making use
of a scheme to defraud the
government. It is not necessary that
the government is actually defrauded
by reason of the transaction. It is
sufficient that the public officer who
acted in his official capacity had the
intent to defraud the Government.
2.
Mere demand, even if debtor refuses,
consummates the crime of illegal
exaction.
When there is deceit in demanding a
greater fee than that prescribed by
law, the crime committed is estafa
and not illegal exaction.
Mere demand of a larger or different
amount is sufficient to consummate
the crime, it is not necessary that the
taxpayer actually pay an amount
larger than or different from that
fixed by law.
A tax collector who collected a sum
larger than that authorized by law
“The only time you should ever look back is to see how far you've come.”
75
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
1.
2.
QUALIFYING
CIRUCMSTANCES/OTHER
The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts; and
He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment
of sums different from or larger than those
authorized by law;
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or indirectly,
by way of payment or otherwise, things or
objects of a nature different from that provided
by law.
(PAF)
ART. 214
OTHER FRAUDS
1.
2.
3.
The offender is a public officer;
He takes advantage of his official position; and
He commits any of the frauds or deceits enumerated in
Arts. 315 to 318.
(ATIT)
1.
ART. 215
PROHIBITED
TRANSACTIONS
2.
3.
4.
The offender is an appointive public officer (e.g. justices,
judges or fiscals, employees engaged in the collection
and administration of public funds);
The transaction takes place within the territory subject to
his jurisdiction;
He becomes interested in the transaction during his
incumbency; and
He becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
Persons Liable: (PEG)
ART. 216
POSSESSION OF
PROHIBITED
INTEREST BY A
PUBLIC OFFICER
1.
2.
Public officer who, directly or indirectly, became
interested in any contract or business in which it was his
official duty to intervene;
Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction
VALISNOTES | 22-23
NOTES/OTHERS
and spent the same is guilty of illegal
exaction and malversation.
Excepted from this provision are the
personnel of the BIR and the BOC
who are allowed to collect an amount
different from that fixed since
interests and surcharges are imposed.
RTC has jurisdiction when this article is
involved because the. principal penalty is
disqualification as the municipal trial
courts have no jurisdiction to impose such
penalty.
This article does not define a crime but
considered as a special aggravating
circumstance.
The transaction must be one of exchange
or speculation, such as buying and selling
stocks, commodities, land, etc., hoping to
take advantage of an expected rise and
fall in price.
Purchasing of stocks or shares in a
company is simply an investment and is
not a violation of the article but buying
regularly securities for resale is
speculation.
Actual fraud is NOT necessary. The act is
punished because of the possibility that
fraud may be committed or that the
officer or private person (such as an
expert, arbitrator, private accountant,
guardian and executor) may place his
own interest above that of the
Government or party which he represents.
“The only time you should ever look back is to see how far you've come.”
76
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
3.
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted; or
Guardians and executors with respect to the property
belonging to their wards or the estate.
Intervention must be by virtue of public
office held. The official who intervenes in
contracts which have no connection with
his office cannot commit the crime
defined under this Article.
Local Government Officials become
accountable public officers either:
1.
ART. 217
MALVERSATION OF
PUBLIC FUNDS OR
PROPERTY –
PRESUMPTION OF
MALVERSATION
Because of the nature of their
functions; or
On account of their participation in
the use of application of public funds.
Punishable Acts: (ACTO)
2.
1.
2.
Examples of Public Funds:
3.
4.
Appropriating public funds or property;
Consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property;
Taking or misappropriating the same; or
Being otherwise guilty of the misappropriation or
malversation of such funds or property.
1.
2.
COMMON ELEMENTS: (PCPA)
1.
2.
3.
4.
The offender be a public officer:
He had custody or control of funds or property by reason
of the duties of his office;
Those funds or property were public funds or property
for which he was accountable; and
He appropriated, took, misappropriated or consented, or
through abandonment or negligence, permitted another
person to take them.
NOTES/OTHERS
3.
4.
5.
Red Cross, Anti-Tuberculosis, and
Boy Scouts funds delivered to an
assistant cashier of a provincial
treasurer for his custody;
Postal money orders appropriated by
the defendant was in the custody of
postmaster;
Redemption price received by the
sheriff;
Money received by the sheriff to
indemnify him against any claim for
damages arising from the levy made
by him on properties of the debtor;
and
Proceeds of the sale of sweepstakes
ticket.
Examples of Public Property:
1.
Government vehicles;
VALISNOTES | 22-23
Arts. 214, 215, and 216 are all covered in
Section 3, Par. e of R.A. No. 3019,
otherwise known as the Anti-Graft and
Corrupt Practices Act.
Custody
It means guarding or keeping safe.
Accountable Officer
A public officer who, in the discharge of
his office, receives money or property of
the government which he is bound to later
account for. In determining whether the
offender is a public officer, what is
controlling is the nature of his duties and
not the designation.
When a public officer is asked to account
for the cash in his accountability, this
necessarily means that he has to produce
the cash in bills and coins and other cash
items that he received. It does not include
collectibles and receivables or even
promissory notes.
Funds or property must be received in
official capacity. Hence, if the public
officer had no authority to receive the
money and he misappropriated the same,
the crime is estafa and not malversation.
Private property cannot be the subject of
malversation unless such property are in
custodia legis.
“The only time you should ever look back is to see how far you've come.”
77
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
4.
5.
6.
QUALIFYING
CIRUCMSTANCES/OTHER
Heavy equipment of the DPWH;
Explosive powder seized from
persons not
authorized to possess the same which
are in the custody of public officers;
Proceeds of the crime, instruments or
tools used in the commission of the
crime and forfeited in favor of the
Government; and
Stocks of corn, grains, rice and palay
in the National Food Authority.
Malversation may be committed by
private individuals in the following
cases:
1.
2.
Those in conspiracy with an
accountable public officer found
guilty of malversation; and
Under Art. 222, the provisions of Art.
217 shall apply to:
a. Private individuals who, in
any capacity whatsoever,
have charge of national,
provincial or municipal.
funds, revenues or property;
and
b. Any
administrator
or
depositary of funds or
properly attached or seized
or deposited by public
authority.
The prima facie presumption that
missing funds are put to personal use by
a public officer arises only:
1. If there is no issue as to the accuracy,
correctness, and regularity of the
audit findings; and
2. If the fact that those funds are missing
is indubitable established.
VALISNOTES | 22-23
NOTES/OTHERS
Malversation can be committed through
negligence or abandonment.
There is prima facie presumption of
misappropriation when a public officer
fails to have duly forthcoming any public
funds or property with which he is
chargeable upon demand by any duly
authorized officer.
Direct evidence is not necessary to prove
malversation because the law presumes
that it was committed when after there has
been complete, thorough and reliable
audit, there is a discrepancy in the funds
or property. As such, when the officer
cannot overthrow, the presumption in
law, he may be held liable for
malversation although no direct evidence
has been presented yet. Absence of such
presumption, prosecution must present
evidence
clearly
evincing
misappropriation of public funds.
Demand is not necessary for violation of
Art. 217 in spite of the last paragraph of
the said provision it provides only for a
rule of procedural law.
While demand is not an element of
Malversation, it is a requisite for the
application of the presumption of
misappropriation.
In malversation NOT committed through
negligence, lack of criminal intent or
good faith is a defense as it would negate
criminal intent on the part of the accused.
Full restitution of the amount malversed
will not in any way exonerate an accused,
“The only time you should ever look back is to see how far you've come.”
78
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
as payment is not one of the elements of
extinction of criminal liability, though, at
most, payment of the amount malversed
will serve as a mitigating circumstance.
However, when the offender returned the
government property after several years
and the property was already scrap,
restitution is not mitigating.
Damage to the government is not
necessary.
The law does not require that there first
be a demand for an accounting.
(PART)
ART. 218
FAILURE OF
ACCOUNTABLE
OFFICER TO
RENDER
ACCOUNTS
1.
2.
3.
4.
ART. 219
FAILURE OF
RESPONSIBLE
PUBLIC OFFICER
TO RENDER
ACCOUNTS
BEFORE LEAVING
THE COUNTRY
ART. 220
ILLEGAL USE OF
PUBLIC FUNDS OR
PROPERTY
(Technical
Malversation)
The offender is a public officer, whether in the service of
separated therefrom;
He must be an accountable officer for public funds or
property;
He is required by law or regulation to render accounts to
the Commission on Audit, or to a provincial auditor; and
He fails to do so for a period of two months after such
accounts should be rendered.
Mere failure to timely liquidate the cash
advance is the gravamen of the offense.
Verily, the law seeks to compel the
accountable officer, by penal provision,
to promptly render an accounting of the
funds which he has received by reason of
his office.
It is not necessary that there be
misappropriation.
If
there
is
misappropriation, he would be liable also
for malversation under Art. 217.
(PAU)
1.
2.
3.
The offender is a public officer;
He must be an accountable officer for public funds or
property; and
He must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his
accounts have been finally settled.
(P2AO)
1.
2.
The offender is a public officer;
There is a public fund or property under his
administration;
VALISNOTES | 22-23
The act of leaving the country must be
unauthorized or not permitted by law.
It is necessary that public funds or
properties had been diverted to any public
use other than that provided for by law or
ordinance.
“The only time you should ever look back is to see how far you've come.”
79
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
3.
4.
QUALIFYING
CIRUCMSTANCES/OTHER
Such public fund or property has been appropriated by
law or ordinance; and
That he applies the same to a public use other than that
for which such fund or property has been appropriated by
law or ordinance.
NOTES/OTHERS
The accused cannot be convicted of
technical malversation in an information
charging malversation. The elements of
the two are distinct and different from
each other. In malversation, the offender
misappropriates pubic funds for personal
use or allows another to take such public
funds. In technical malversation, the
public officer applies public funds under
his administration to a public use other
than that for which it was appropriated by
law or ordinance. Technical malversation
is not included in nor does it necessarily
include malversation of public funds.
Absence of damage or embarrassment to
the public service is only a mitigating
circumstance as it merely reduces the
penalty to a fine of 5 to 50 per cent of the
sum misapplied.
Punishable Acts:
1.
ART. 221
FAULIRE TO MAKE
DELIVERY OF
PUBLIC FUNDS OR
PROPERTY
ELEMENTS: (GOF)
1. Public officer has government funds in his
possession;
2. He is under obligation to make payment from such
funds; and
3. He fails to make the payment, maliciously.
4.
ART. 222
OFFICERS
INCLUDED IN THE
PRECEDING
PROVISIONS
Failing to make payment by a public officer who is under
obligation to make such payment from Government
funds in his possession; and
The refusal must be malicious and must
have resulted in damage to public interest.
Refusing to make delivery by a public officer who has
been ordered by a competent authority to deliver any
property in his custody or under his administration.
Private Individuals Who May Be Liable Under Art. 217221:
VALISNOTES | 22-23
The word “administrator” does not
include judicial administrator appointed
to administer the estate of a deceased
person because he is not in charge of any
property attached, impounded, or placed
“The only time you should ever look back is to see how far you've come.”
80
-방탄소년단
CRIME
1.
2.
ART. 223
CONNIVING WITH
OR CONSENTING
TO EVASION
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
Private individuals who, in any capacity whatsoever,
have charge of any national, provincial or municipal
funds, revenue or property; and
Administrator or depository of funds or property
attached, seized, or deposited by public authority even if
such property belongs to a private individual (e.g.,
sheriffs and receivers).
in deposit by public authority.
Conversion of effects in his trust makes
him liable for estafa.
Private property is included, provided itis
attached, seized, or deposited by public
authority.
Connivance with the prisoner (agreement
between the prisoner and the public
officer) in his escape is an indispensable
element of the offense.
(PCEC)
Classes of prisoners involved:
1.
2.
1.
3.
4.
The offender is a public officer;
He had in his custody or charge, a prisoner, either
detention prisoner or prisoner by final judgment;
Such prisoner escaped from his custody; and
He was in connivance with the prisoner in the latter's
escape.
2.
If the fugitive has been sentenced by
final judgment to any penalty; and
If the fugitive is held only as
detention prisoner for any crime or
violation of law or municipal
ordinance.
Liability of Escaping Prisoner:
(PCN)
ART. 224
EVASION
THROUGH
NEGLIGENCE
1.
1.
2.
3.
The offender is a public officer:
He is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment; and
Such prisoner escapes through his negligence.
NOTES/OTHERS
2.
If the fugitive is serving sentence by
reason of final judgment, he is liable
for evasion of the service of sentence
under Art.157; and
If the fugitive is only a detention
prisoner, he does not incur criminal
lability.
VALISNOTES | 22-23
A detention prisoner is a person. in legal
custody, arrested for, and charged with
some crime or public offense.
Leniency, laxity, and release of detention
prisoner, who could not be delivered to
the judicial authority within the time
fixed by law, are not considered infidelity
in the custody of prisoners. There is real
and actual evasion of service of sentence
when the custodian permits the prisoner
to obtain a relaxation of his imprisonment
and to escape the punishment of being
deprived of his liberty, thus making the
penalty ineffectual, although the convict
may not have fled.
The negligence referred to in the RPC is
Such definite laxity as all but amounts to
a deliberate non-performance of duty on
the part of the guard. It is the duty of any
police officer having custody of a
prisoner to take necessary precautions to
assure the absence of any means of
escape. A failure to undertake these
precautions will make his act one of
definite laxity or negligence amounting to
deliberate non-performance of duty.
“The only time you should ever look back is to see how far you've come.”
81
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
Unlike in Art. 223, connivance need not
be. proven to hold an accused liable under
Art. 224.
The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford complete
exculpation.
Art. 225 is not applicable if a private
person was the one who made the arrest
and he consented to the escape of the
person he arrested.
(PCE-CN)
ART. 225
ESCAPE OF
PRISONER UNDER
THE CUSTODY OF A
PERSON NOT A
PUBLIC OFFICER
1.
2.
3.
4.
The offender is a private person;
The conveyance or custody of a prisoner or person under
arrest is confided to him;
The prisoner or person under arrest escapes; and
The offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through
his negligence.
(PAED)
ART. 226
REMOVAL,
CONCEALMENT,
OR DESTRUCTION
OF DOCUMENTS
1.
2.
3.
4.
The offender be a public officer;
He abstracts, removes, conceals, or destroys, documents
or papers;
The said documents or papers should have been entrusted
to such public officer by reason of his office; and
Damage, whether serious or not, to a third party or to the
public interest should have been caused.
It is for an illicit purpose when the
intention of the offender is:
1.
2.
3.
To tamper with it;
To profit by it; or
To commit an act constituting a
breach of trust in the official care
thereof.
It is not "delivering” under Article 156
because he was performing a public
function. Delivery of prisoner from jail is
committed by a private person; infidelity
Is by an officer-custodian.
Only public officers who have been
officially entrusted with the documents or
papers can be held liable under Art. 226.
If the offender is a private individual,
estafa is committed if there is damage
caused, If there is no damage, the crime is
malicious mischief.
The removal must be for an illicit
purpose. However, infidelity in the
custody
of
documents
through
destruction or concealment does not
require proof of an illicit purpose.
Papers include checks, promissory notes,
and paper money.
The document must be complete and one
by which a right can be established or an
obligation be extinguished.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
82
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
The crime of removal of public document
in breach of official trust is consummated
upon its removal or secreting away from
its usual place in the office and after the
offender had gone out and locked the
door, it being immaterial whether he has
or has not actually accomplished the
illicit purpose for which he removed said
document.
Delivering the document to the wrong
party is infidelity in the custody thereof.
Damage in this article may consist in
mere harm to the public or in the
alienation of its confidence in any branch
of the government service.
(PCSB)
ART. 227
OFFICER
BREAKING SEAL
1.
2.
3.
4.
The offender is a public officer;
He is charged with the custody of papers or property;
These papers or property are sealed by proper authority;
and
He breaks the seals or permits them to be broken.
Damage or intent to cause damage is not
necessary. It is sufficient that the seal is
broken, even if the contents are not
tampered with.
The closed document must be entrusted to
the custody of the accused: by reason of
his office.
(PICO)
ART. 228
OPENING OF
CLOSED
DOCUMENTS
1.
2.
3.
4.
ART. 229
The offender is a public officer;
He is not included in the provisions of Art. 227;
He is entrusted with the custody of closed papers,
documents, or object; and
He opens or permits the same to be opened without
proper authority.
If in opening closed papers or objects, the
public officer broke the seal, the offense
would be breaking seal under Art. 227
and not the crime of opening a closed
document, because the offender must be a
public officer “not included in the
preceding article.”
Damage or intent to cause damage is not
an element of this offense.
1. Sec. 3(k) of R.A. No. 3019 is
violated if there is no damage caused
in revealing the secret.
Punishable Acts:
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
83
-방탄소년단
CRIME
REVELATION OF
SECRETS BY AN
OFFICER
ELEMENTS/PUNISHABLE ACTS
1.
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
Revealing any secret known to the offending public
officer by reason of his official capacity; and
Espionage is not contemplated in this
article. This article punishes minor
official betrayals, infidelities of little
consequence, affecting usually
administration of justice, executive
or official duties, or the general
interest of the public order.
ELEMENTS: (PKRD)
a. The 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; and
d. Damage, great or small, be caused to the public
interest.
2.
Delivering wrongfully papers or copies of papers of
which he may have charge and which should not be
published.
ELEMENTS: (PCP-DWD)
a. The offender is a public officer;
b. He has charge of papers;
c. Those papers should not be published;
d. He delivers those papers or copies thereof to a third
person;
e. The delivery is wrongful; and
f. Damage be caused to public interest.
ART. 230
PUBLIC OFFICER
REVEALING
SECRETS OF
PRIVATE
INDIVIDUAL
(PKR)
1.
2.
3.
The offender is a public officer;
He knows of the secrets of a private individual by reason
of his office; and
He reveals such secrets without authority or justifiable
reason.
Secrets must affect public interest, if
not, the revelation would constitute
no crime at all.
2.
Charge: it means control or custody.
If the public officer is merely
entrusted with the papers but not with
the custody, he is not liable under this
provision.
Damage is an element of the offenses
defined in Art. 229. A higher penalty
is provided if serious damage is
caused otherwise a lower penalty is
imposed. This indicates that the
lesser penalty refers to causing
damage which is not serious.
If the offender is a lawyer, the crime
under Art. 209 is committed.
If the offender is a private individual, the
crime under Art. 290 or 291 is committed.
It is not necessary that damage is suffered
by the private individual. The reason for
this provision is to uphold faith and trust
in public service.
(J2WO)
ART. 231
OPEN
DISOBEDIENCE
1.
2.
The offender is a judicial or executive officer;
There is a judgment, decision, or order of a superior
authority;
VALISNOTES | 22-23
Refusal to testify in drug cases is a
distinct offense under R.A. 9165.
“The only time you should ever look back is to see how far you've come.”
84
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
3.
Such judgment, decision, or order was made within the
scope of the jurisdiction of the superior authority and
issued with all legal formalities; and
4. The offender, without any legal justification, openly
refuses to execute said judgment, decision, or order,
which he is duty bound to obey.
(POS-DD)
ART. 232
DISOBEDIENCE TO
ORDER OF
SUPERIOR OFFICER
WHEN SAID ORDER
WAS SUSPENDED
BY INFERIOR
OFFICER
1.
2.
3.
4.
5.
The offender is a public officer;
An order is issued by his superior for execution;
He has for any reason suspended the execution of such
order;
His superior disapproves the suspension of the execution
of the order; and
The offender disobeys his superior despite the
disapproval of the suspension.
This article does NOT apply if the order
of the superior is illegal.
Damage is essential. There must be
damage to the public interest or to a third
party.
(PLM)
ART. 233
REFUSAL OF
ASSISTNANCE
1.
2.
3.
The penalty depends on whether serious
or slight damage was caused to the public
interest or a third person.
The offender is a public officer;
A competent authority demands from the offender that
he lend his cooperation towards the administration of
justice or other public service; and
The offender fails to do so maliciously.
If the offender is a private individual, he
may be held liable for contempt.
The public officer must have the official
duty to render assistance.
(ERN)
ART. 234
REFUSAL TO
DISCHARGE
ELECTIVE OFFICE
1.
2.
3.
ART. 235
MALTREATMENT
OF PRISONERS
The offender is elected by popular election to a public
office;
He refuses to be sworn in or to discharge the duties of
said office; and
There is no legal motive for such refusal to be sworn in
or to discharge the duties of said office
[PPM(o[i2]m)]
1.
The offender is a public officer or employee;
REASON: Once an individual is elected
to an office by the will of the people, the
discharge of the duties of said office
becomes a matter of duty, not only a right.
Qualifying Circumstance
If the purpose of the maltreatment is to
extort a confession or to obtain some
information from the prisoner.
VALISNOTES | 22-23
It is necessary that the maltreated prisoner
be under the charge of the officer
maltreating him.
“The only time you should ever look back is to see how far you've come.”
85
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
2.
3.
QUALIFYING
CIRUCMSTANCES/OTHER
He has under his charge a prisoner convicted by final
judgment or a detention prisoner; and
He maltreats such prisoner in either of the following
manners:
a. Overdoing himself in the correction, or
handling of a prisoner or detention prisoner
under his charge either:
i. The imposition of punishments not
authorized by the regulations; or
ii. Inflicting such punishments (those
authorized) in a cruel and humiliating
manner; or
b. Maltreating such prisoner to extort a confession
or to obtain some information from the prisoner.
NOTES/OTHERS
To be a detention prisoner, the person
arrested must be placed in jail even for a
short while.
Maltreatment refers not only to physical
maltreatment
but
also
moral,
psychological and other kinds of
maltreatment because of the phrases
“physical injuries or damage caused” and
“cruel or humiliating manner.”
Maltreatment of prisoners cannot be
complexed with other crimes. It cannot be
complexed with homicide, physical
injuries or other crimes because Art. 235
states: “in addition to his liability for the
physical injuries or damage caused.”
Physical Injuries
If a person who is arrested is maltreated
before he is booked in the office of the
police and placed in jail even for a
moment, the crime committed is physical
injuries and not maltreatment.
Coercion
he fact that an individual was maltreated
for the purpose of compelling him to
confess a crime, which was attributed to
him,
constitutes
the
crime
of
consummated coercion.
(ESAO)
1.
ART. 236
ANTICIPATION OF
DUTIES OF A
PUBLIC OFFICE
2.
3.
4.
The offender is entitled to hold a public office or
employment, either by election or appointment;
The law requires that he should first be sworn in and/or
should first give a bond;
He assumes the performance of the duties and powers of
such office; and
He has not taken his oath of office and/or given the bond
required by law.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
86
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
(PEC)
ART. 237
PROLONGING
PERFORMANCE OF
DUTIES AND
POWERS
1.
2.
3.
The offender is holding a public office;
The period provided by law, regulations or special
provisions for holding such office has already expired;
and
He continues to exercise the duties and powers of such
office.
(PR-NAD)
ART. 238
ABANDONMENT OF
OFFICE OR
POSITION
1.
2.
3.
4.
The offender is a public officer;
He formally resigns from his position;
His resignation has not yet been accepted; and
He abandons his office to the detriment of the public
service.
Officers Contemplated:
A public officer who has. been suspended,
separated, declared overage, or dismissed
cannot continue to perform the duties of
his office.
Qualifying Circumstance:
The offense is qualified if the purpose
behind the abandonment of office is to
evade the discharge of duties consisting of
preventing, prosecuting or punishing any
of the crimes against national security and
crimes against public order.
There must be written formal resignation.
Requisites of resignation from public
office:
1. Intention to relinquish a part of the
term;
2. An act of relinquishment; and
3. An acceptance by the proper
authority.
(E-MAS)
ART. 239
USURPATION OF
LEGISLATIVE
POWERS
1.
2.
The offender is an executive or judicial officer; and
He:
a. Makes general rules or regulations beyond the
scope of his authority;
b. Attempts to repeal a law: or .
c. Suspends the execution thereof
(J-AO)
ART. 240
USURPATION OF
EXECUTIVE
FUNCTIONS
1.
2.
The offender is a Judge: and
He:
a. Assumes a power pertaining to the executive
authorities; or
b. Obstructs the executive authorities in the lawful
exercise of their powers.
VALISNOTES | 22-23
Legislative officers are not liable for
usurpation of powers.
“The only time you should ever look back is to see how far you've come.”
87
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
(E-AO)
ART. 241
USURPATION OF
JUDICIAL
FUNCTIONS
ART. 242
DISOBEYING
REQUEST FOR
DISQUALIFICATION
ART. 243
ORDERS OR
REQUESTS BY
EXECUTIVE
OFFICERS TO ANY
JUDICIAL
AUTHORITY
1.
The offender is an officer of the executive branch of the
Government:
2. He:
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
(P2QRC)
1.
2.
3.
The offender is a public officer;
A proceeding is pending before such public officer;
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 from continuing
the proceeding; and
5. He continues the proceeding.
(EAR)
1.
2.
3.
ART. 245
ABUSES AGAINST
CHASTITY –
PENALTIES
1.
2.
3.
4.
The offender is a public officer;
He nominates or appoints a person to a public office;
Such person lacks the legal qualifications therefor; and
The offender knows that his nominee or appointee lacks
the qualifications at the time he made the nomination or
appointment.
Punishable Acts: (IUC)
1.
The disobedient public officer is liable
even if the jurisdictional question is
resolved by the proper authority in his
favor.
The offender is an executive officer;
He addresses any order or suggestion to any judicial
authority; and
The order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of
justice.
(PNLK)
ART. 244
UNLAWFUL
APPOINTMENTS
Performance of quasi-judicial functions
will not make an official liable for
usurpation of judicial functions.
Soliciting or making immoral or indecent advances to a
woman interested in the matters pending before the
offending officer for decision, or with respect to which
VALISNOTES | 22-23
The
offense
is
committed
by
“nominating” or by “appointing.”
“Nominate”
is
different
from
“recommend.” Recommending, knowing
that the recommendee has no
qualification, is not a crime.
There must be a law providing for the
qualifications of a person to be nominated
or appointed to a public office.
The mother of the person in the custody
of the offender is not included.
Solicit
It means to propose earnestly and
persistently something unchaste and
“The only time you should ever look back is to see how far you've come.”
88
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
ELEMENTS/PUNISHABLE ACTS
2.
3.
he is required to submit a report to or consult with a
superior officer;
Soliciting or making immoral or indecent advances to a
woman under the offender's custody; and
Soliciting or making immoral or indecent advances to the
wife, daughter, sister or relative within the same degree
by affinity of any person in the custody of the offending
warden or officer
NOTES/OTHERS
immoral to a woman. Mere solicitation
consummates the crime even if nothing
results therefrom. If, however, the
offender succeeds in committing a crime
against chastity, the solicitation and
advances are considered merely as
preparatory acts.
Proof of solicitation is not necessary
when there is sexual intercourse.
ELEMENTS: (PSW-ICR)
1.
2.
The offender is a public officer;
He solicits or makes immoral or indecent advances to a
woman; and
3. Such woman must be:
a. Interested in the 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,
b. Under the Custody of the offender who is a
warden or other public officer directly charged
with the care and custody of prisoners or
persons under arrest; or
c. The wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender.
Corrupt Practices of Public Officials
The following corrupt practices are in addition to acts or
omissions of public officers already penalized by existing
law: (VG-PEUN-DI2LD)
R.A. NO. 3019
ANTI-GRAFT AND
CORRUPT
PRACTICES ACT
1.
2.
Persuading, including 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;
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
1.
ELEMENTS: (PAV)
1. The offender is a public officer;
2. The offender persuades, induces,
or influences another public
officer to perform an act or the
offender allows himself to be
persuaded,
induced,
or
influenced to commit an act; and
3. The act performed by another
public officer or committed by
the offender constitutes a
violation of rules and regulations
duly promulgated by competent
authority or an offense in
VALISNOTES | 22-23
Prohibition on Private Individuals:
(AIKI)
1.
Taking advantage of family or close
personal relation with public official
who has to intervene in some
business, transaction, application,
request or contract of the government
with any other person, by directly or
indirectly requesting or receiving
any present, gift, or material or
pecuniary advantage from such
public official.
“The only time you should ever look back is to see how far you've come.”
89
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
connection with the official duty
of the latter.
ELEMENTS/PUNISHABLE ACTS
3.
4.
5.
6.
7.
8.
transaction between the government and any other party,
wherein the public officer in his official capacity has to
intervene under the law;
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 Sec. 13 of this Act;
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 1 year after its termination;
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;
Neglecting or refusing, after due demand or request,
without sufficient justification, to act within 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 of giving undue advantage in favor of or
discriminating against any other interested party;
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;
Directly or indirectly having financial or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest;
Persons Liable:
1. Public officer who persuades,
induces, or influences another
public officer; and
2. Public officer who is persuaded,
induced, or influenced.
2.
ELEMENTS: (ORB-CR)
1. The offender is a public officer;
2. Who requested or received a gift,
a present, a share, a percentage,
or benefit;
3. On behalf of the offender or any
other person;
4. In connection with a contract or
transaction with the government;
and
5. In which the public officer, in an
official capacity under the law,
has the right to intervene.
3.
ELEMENTS: (PSHR)
1. That the offender is a public
officer;
2. That in any manner or capacity
he has secured or obtained, or
would secure or obtain, for a
person any government permit or
license;
3. That he requested or received the
gift, present or other pecuniary or
material benefit in consideration
for help given or to be given; and
4. That he directly or indirectly
requested or received from said
person any gift, present or other
VALISNOTES | 22-23
NOTES/OTHERS
2.
Knowingly inducing or causing any
public official to commit any of the
offenses defined in Sec. 3 of this Act.
Prohibition on Members of Congress;
Unlawful Acts:
1. Member of Congress: To acquire or
receive any personal pecuniary
interest in any specific business
enterprise which will be directly and
particularly favored or benefited by
any law or resolution authored by
him previously approved or adopted
by the Congress;
2. Any other public officer who
recommended the initiation in
Congress of the enactment or
adoption of any law or resolution: To
acquire or receive any such interest
during his incumbency;
3. Both member of Congress and public
officer: If he/she has an interest prior
to the approval of such law or
resolution authored or recommended
by him, continues for thirty (30 days
after such approval to retain such
interest.
Prima Facie Evidence of and Dismissal
Due to Unexplained Wealth
A public official who has been found to
have acquired. during his incumbency,
whether in his name or the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary and to his other lawful income shall
be a ground for dismissal or removal.
Check memaid for a more detailed
discussion.
“The only time you should ever look back is to see how far you've come.”
90
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
pecuniary or material benefit for
himself or for another.
ELEMENTS/PUNISHABLE ACTS
9.
Directly or indirectly becoming interest, for personal
gain, or having 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;
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 qualified or entitled;
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.
4.
5.
ELEMENTS: (P2U2A)
1. That the accused are public
officers or private persons
charged in conspiracy with them;
2. That said public officers
committed the prohibited acts
during the performance of their
official duties or in relation to
their public positions;
3. That they caused undue injury to
any
party,
whether
the
Government or a private party;
4. That such injury was caused by
giving unwarranted benefits,
advantage or preference to such
parties; and
5. That the public officers acted
with manifest partiality, evident
bad faith or gross inexcusable
negligence.
6.
ELEMENTS: (PORN)
1. The offender is a public officer;
2. Such failure to act is for the
purpose of obtaining, directly or
indirectly, from any person
interested in the matter some
pecuniary or material benefit or
advantage in favor of an
interested
party,
or
discriminating against another
interested party;
3. Reasonable time has elapsed
from such demand or request
without the public officer having
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
91
-방탄소년단
CRIME
QUALIFYING
CIRUCMSTANCES/OTHER
acted on the matter pending
before him; and
4. The said officer has neglected or
has refused to act without
sufficient justification after due
demand or request has been
made on him.
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
7.
ELEMENTS: (PED)
1. That the accused is a public
officer;
2. That he entered into a contract or
transaction on behalf of the
government; and
3. That such contract or transaction
is grossly and manifestly
disadvantageous
to
the
government.
8.
ELEMENTS: (PF-TIP)
1. That the accused is a public
officer;
2. That he has a direct or indirect
financial or pecuniary interest in
any business, contract or
transaction; and
3. He either:
a. Takes part or intervenes in
his official capacity in
connection
with
such
interest; or
b. Is prohibited from having
such interest by the
Constitution or by any law.
R.A. NO. 7080, AS
AMENDED BY R.A.
NO. 7659
ANTI-PLUNDER
ACT
Ill-gotten wealth
Any asset, property, business enterprise or material
possession of any person within the purview of Section 2
hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business
VALISNOTES | 22-23
Plunder
Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates, subordinates or other
“The only time you should ever look back is to see how far you've come.”
92
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRUCMSTANCES/OTHER
associates by any combination or series of the following
means or similar schemes: (MRS-MAC)
1.
2.
3.
4.
5.
6.
Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasury;
By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract/project or by
reason of the office/position;
By obtaining, receiving or accepting, directly or
indirectly, any shares of stock, equity or any other form
of interest or participation including promise of future
employment in any business enterprise or undertaking;
By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementing
decrees and orders intended to benefit particular persons
or special interests;
By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the
Philippines; or
By the illegal or fraudulent conveyance or disposition of
assets belonging to the government.
NOTES/OTHERS
persons, amasses, accumulates or
acquires ill-gotten wealth through a
combination or series, of overt criminal
acts as described in Section 1(d) hereof in
the aggregate amount or total value of at
least
Fifty
million
pesos
(P50,000,000.00) shall be guilty of the
crime of plunder and shall be punished by
reclusion perpetua to death. Any person
who participated with the said public
officer in the commission of an offense
contributing to the crime of plunder shall
likewise be punished for such offense.
Rule of Evidence
It shalt not be necessary to prove each and
every criminal act done by the accused in
furtherance of the scheme or conspiracy
to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish
beyond reasonable doubt a pattern of
overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
Prescription
20 years.
Malum in se
The legislative declaration in R.A. No.
7659 that plunder is a heinous offense
implies that it is a malum in se. For when
the acts punished are inherently immoral
or inherently wrong, they are mala in se
and it does not matter that such acts are
punished in a special law, especially since
in the case of plunder the predicate crimes
are mainly mala in se.
Check memaid for a more detailed
discussion.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
93
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
R.A. NO. 9160, AS
AMENDED BY R.A.
NOS. 9194, 10365
AND 10927
Unlawful Activities Under AMLA
Any act or omission or series or combination thereof
involving or having relation to the following:
1. Kidnapping for ransom;
2. Drug offenses;
3. Graft and corrupt practices;
4. Plunder;
5. Robbery and extortion;
6. Jueteng and masiao;
7. Piracy on the high seas:
8. Qualified theft;
9. Swindling;
10. Smuggling;
11. Electronic commerce crimes;
12. Hijacking, destructive arson and murder:
13. Terrorism and conspiracy to commit terrorism;
14. Financing terrorism;
15. Bribery;
16. Frauds and illegal exactions and transactions; .
Malversation of public funds and property;
17. Malversation of public funds and property;
18. Forgeries and counterfeiting;
19. Human trafficking;
20. Violation of Revised Forestry Code;
21. Violation of Philippine Fisheries Code;
22. Violation of Philippine Mining Act;
23. Violation of Wildlife Resources Conservation and
Protection Act;
24. Violation of National Caves and Caves Resources
Management Protection Act;
25. Carnapping;
26. Illegal/unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms, ammunition or
explosives (subject to provisions of R.A. No. 10597);
27. Fencing;
28. Violation of Migrant Workers and Overseas Filipinos
Act;
29. Violation of intellectual Property Code;
30. Violation of Anti-Photo and Video Voyeurism;
31. Child pornography;
32. Child abuse, exploitation and discrimination;
QUALIFYING
CIRUCMSTANCES/OTHER
NOTES/OTHERS
Money Laundering Offenses
1.
2.
Money laundering is committed by
any person who, knowing that any
monetary instrument or property
represents, involves or relates to the
proceeds of any unlawful activity:
(TC2A2P)
a. Transacts
said
monetary
instrument or property;
b. Converts, transfers, disposes of,
moves, acquires, possesses, or
uses said monetary instrument or
property;
c. Conceals or disguises the true
nature,
source,
location,
disposition,
movement
or
ownership of or rights with
respect to said monetary
instrument or property;
d. Attempts or conspires to commit
money laundering offenses
referred to in paragraphs (a), (b),
or (c);
e. Aids, abets, assists in or
counsels the commission of the
money laundering offenses
referred to in paragraphs (a), (b),
or (c)above; and
f. Performs or fails to. perform any
act as a result of which he
facilitates the offense of money
laundering referred to in
paragraphs (a), (b), or (c) above.
Money laundering is also committed
by any covered person who, knowing
that a covered or suspicious
transaction is required under this Act
to be reported to the Anti-Money
VALISNOTES | 22-23
Check memaid for a more detailed
discussion.
“The only time you should ever look back is to see how far you've come.”
94
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
33. Securities fraud; and
34. Felonies or offenses of a similar nature punishable under
the penal laws of other countries
QUALIFYING
CIRUCMSTANCES/OTHER
Laundering Council (AMLC), fails to
do so.
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
95
-방탄소년단
CRIMES AGAINST PUBLIC ORDER
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
[PA-P(rd)]
1.
2.
3.
ART. 134
REBELLION/
INSURRECTION
Public uprising; and
Taking up of arms against the government; and
The purpose of the uprising or movement is either:
a. Removing from the allegiance to said
Government or its laws;
i. The territory of the Philippines, or any
part thereof; or
ii. Any body of land, naval or other armed
forces or;
b. Depriving wholly or partially, any of the powers
or prerogatives of the:
i. Chief Executive; or
ii. Congress.
Acts and Omissions not Deemed as
Rebellious:
1. Giving aid and comfort is not criminal
in rebellion;
2. Mere silence regarding the presence
of rebels despite knowledge of a
rebellion is not punishable.
Principle of Absorption
No complex crime of rebellion with
murder and other common crimes. All
crimes, whether punishable under a
special law or general law, which are mere
components or ingredients, or committed
in furtherance thereof, become absorbed in
the crime of rebellion and cannot be
isolated and charged as separate crimes in
themselves. These common crimes refer to
all acts of violence such as:
- Murder
- Arson
- Robbery
- Kidnapping
NOTES/OTHERS
If there is no public uprising, the crime
may be of direct assault. Direct assault, a
crime against public order, may be
committed in two ways: first, by any
person or persons who, without a public
uprising, shall employ force or
intimidation for the attainment of any of
the purposes enumerated in defining the
crimes of rebellion and sedition; and
second, by any person or persons who,
without a public uprising, shall attack ,
employ force, or seriously intimidate or
resist any person in authority or any of his
agents, while engaged in the performance
of official duties, or on occasion of such
performance the first mode is tantamount
to rebellion or sedition, without the
element of public uprising.
Depriving the Judiciary of its powers is
not included, and the offense may only be
sedition.
REBELLION
It is more frequently used where the object
of the movement is completely to
overthrow and superseded the existing
government.
It is a crime of the masses or multitudes
involving crowd action done in
furtherance of a political end.
The gravamen is an armed uprising
against the government.
The purpose must be shown. Without
evidence to indicate the motive or purpose
of the accused, the crime does not
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
96
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
NOTES/OTHERS
constitute rebellion. It may constitute
other crimes like sedition or kidnapping.
However, it is not necessary that the
purpose of rebellion be actually obtained
by the accused. Rebellion is consummated
by merely rising publicly and taking arms
against government for any of the
purposes specified.
Actual clash with the armed forces of the
government is not necessary to convict the
accused who is in conspiracy with the
others actually taking arms against the
Government.
Persons merely acting as couriers or spies
for the rebels are also guilty of rebellion.
INSURRECTION
It is more commonly employed in
reference to a movement which seeks
merely to effect some change of minor
importance, or to prevent the exercise of
governmental authority with respect to
particular matters or subjects.
Public officer must take active part.
Mere silence or omission not punishable
as insurrection. Art. 134 defines and
specifies the acts which shall be punished
as insurrection, but among those acts, the
silence of the defendant is not
enumerated.
A person who commits an act punishable
as rebellion or insurrection, thereby
sowing and creating a condition of
widespread and extraordinary fear and
panic among the populace, in order to
coerce the government to give in to an
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
97
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
unlawful demand shall be guilty of
terrorism.
(OMAS)
Coup d’ etat may be committed with or
without civilian participation.
1.
ART. 134-A
COUP D’ ETAT
The 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 duly constituted authorities
of the Republic of the Philippines, or any military camp
or installation, or communication networks, public
utilities or other facilities needed for the exercise and
continued possession of power; and
4. the purpose of the attack is to seize or diminish state
power.
Persons liable for rebellion, insurrection and/or coup d’
etat:
1.
ART. 135
PENALTY FOR
REBELLION OF
INSSURACTION
OR COUP D’ ETAT
2.
The leaders:
a. Any person who:
i. Promotes;
ii. Maintains; or
iii. Head a rebellion or insurrection; or
b. Any person who:
i. Leads;
ii. Directs; or
iii. Commands others to undertake a coup d’ etat;
The participants:
a. Any person who:
i. Participates; or
ii. Executes the commands of others in rebellion,
or insurrection;
b. Any person in the government service who:
i. Participates; or
ii. Executes directions or commands of others in
undertaking a coup d’ etat;
c. Any person not in the government service who:
i. Participates;
ii. Supports;
A person who commits an act punishable
as coup d’ etat including acts committed
by private persons, thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace, in order to coerce the
government to give in to an unlawful
demand, shall be guilty of terrorism.
Being a mere assistant to a principal,
guilty of rebellion, the accused is guilty
only as a participant in the commission of
rebellion under Par. 2 of Art. 135.
When the leader of the rebellion,
insurrection or coup d’ etat is unknown,
a person is deemed the leader if he/she
is:
Any person who in fact:
1. Directed the others;
2. Spoke for them;
3. Signed receipts and other documents
issued in their name; or
4. Performed similar acts, on behalf of
the rebels.
VALISNOTES | 22-23
Membership in a rebel organization does
not automatically qualify criminal acts as
absorbed in rebellion. It must be
conclusively demonstrated that the
criminal acts were committed in
furtherance of rebellion.
It is not a defense in rebellion that the
accused never took the oath of allegiance,
or that they never recognized the
Government.
Political Crimes
In contrast to common crimes, political
crimes are those directly aimed against the
political order, as well as such common
crimes as may be committed to achieve a
political purpose. The decisive factor is
the intent or motive.
“The only time you should ever look back is to see how far you've come.”
98
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
iii. Finances;
iv. Abets; or
v. Aids in undertaking a coup d’ etat.
NOTES/OTHERS
Killing, robbing, etc., for private purposes
or profit, without any political motivation,
would be separately punished and would
not be absorbed in the rebellion.
The unlawful acquisition, possession of
firearms and ammunition, and use of loose
firearm, in furtherance. of, or incident to,
or in connection with lie crime of
rebellion or insurrection, or attempted
coup d’ etat, shall be absorbed as an
element of the crime of rebellion of
insurrection, of attempted coup d’ etat.
Conspiracy
Mere membership is sufficient to find an
accused guilty of conspiracy to commit
rebellion.
ART. 136
CONSPIRACY AND
PROPOSAL TO
COMMIT
REBELLION,
INSURRECTION
OR COUP D’ ETAT
Two crimes penalized under this Article:
1. Conspiracy to commit rebellion; and
When 2 or more persons come to an agreement to rise
publicly and take arms against the Government for any of
the purposes of rebellion and decide to commit it.
2.
Proposal to commit rebellion.
When the person who has decided to rise publicly and
take arms against the Government for any of the purposes
of rebellion proposes its execution to same other person
or persons.
Punishable Acts: (FCA)
ART. 137
DISLOYALTY OF
PUBLIC OFFICERS
OR EMPLOYEES
1.
2.
3.
Failing to resist a rebellion by all means in their power;
Continuing to discharge the duties of their office under
the control of the rebels; and
Accepting appointment to office under the rebels.
VALISNOTES | 22-23
There is no conspiracy when there was no
agreement concerning the commission of
rebellion and there was no decision to
commit it.
Overt acts are not necessary. Persons
merely agreeing and deciding among
themselves to rise publicly and take arms
against the Government for the purpose
mentioned in Art. 134 without actually
rising publicly and taking arms against the
Government, or if they merely propose the
commission of said acts to other persons
without actually performing those overt
acts under Art. 134, they are already
subject to punishment.
The offender must be a public officer or
employee. The crime presupposes the
existence of rebellion by other persons;
the offender must not be in conspiracy
with rebels; otherwise, he himself will
also be guilty of rebellion.
“The only time you should ever look back is to see how far you've come.”
99
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
Rebellion should not be committed. In
both proposal and inciting to commit
rebellion, the crime of rebellion should
not be actually committed by the persons
to whom it is proposed or who are incited.
If they commit rebellion because of the
proposal or inciting, the proponent or the
one inciting may become a principal by
inducement in the crime of rebellion.
(NIM)
ART. 138
INCITING TO
REBELLION OR
INSURRECTION
1.
2.
3.
NOTES/OTHERS
The offender does not take up arms or is not in open
hostility against the Government;
He incites others to the execution of any of the acts of
rebellion; and
The inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.
Acts or words of incitement must have
been premeditated. If the person who
makes statement rending to incite the
listeners to rise to rebellion or sedition had
that original intent, it is inciting to
rebellion or sedition; otherwise, it is
simply disturbance of public order.
(REM)
1.
2.
3.
ART. 139
SEDITION
The offenders rise:
a. Publicly; and
b. Tumultuously;
They employ force, intimidation, or other means outside
of legal methods; and
The offenders employ any of those means to attain any of
the following objects: (PEIC-D)
a. To prevent the promulgation or execution of any
law or the holding of any popular election;
b. To prevent the government or any public officer
from freely exercising its or his functions, or
prevent the execution of any Administrative
Order;
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To commit, for any political or social end, any
act of hate or revenge against private persons or
any social class; or
e. To despoil, for any political or social end, any
person, municipality or province, or the National
It is a crime of dissent or protest by means
outside of legal methods.
Common Crimes in Sedition:
General Rule: Common crimes are not
absorbed in sedition.
Exception: Sedition absorbs the unlawful
manufacture, sale, acquisition, disposition
or possession of firearms or ammunition
or instruments used or intended to be used
in the manufacture of firearms or
ammunition.
Sec. 29 of R.A. No. 10591 did not include
sedition in the crimes which absorb use of
loose firearm.
VALISNOTES | 22-23
It cannot be committed by one person.
Art. 139 states that “the crime of sedition
is committed by persons who rise publicly
and tumultuously.” In Art. 153, the word
“tumultuous” is given a definite meaning.
It says that “the disturbance shall be
deemed to be tumultuous if caused by
more than three persons who are armed or
provided with the means of violence”.
It is immaterial if the objective be
completely attained. Mere public uprising
for any of the objectives mentioned in Art.
139 is punishable. However, public
uprising and an object of sedition must
concur.
“The only time you should ever look back is to see how far you've come.”
100
-방탄소년단
CRIME
ART. 140
PENALTY FOR
SEDITION
ART. 141
CONSPIRACY TO
COMMIT
SEDITION
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
Government of all its property or any part
thereof.
Persons Liable:
1. The leader of the sedition; and
2. Other persons participating in the sedition.
There must be an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition.
Only conspiracy to commit sedition is punishable and not
proposal to commit sedition.
Acts no. 2 and 3 punishable when:
(DOC-RS)
1.
Punishable Acts: (IU-WK)
1.
2.
3.
ART. 142
INCITING TO
SEDITION
NOTES/OTHERS
4.
Inciting others to commit sedition by means of speeches,
proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end;
Uttering seditious words or speeches which tend to
disturb the public peace;
Writing, publishing, or circulating scurrilous libels
against the Government or any of its duly constituted
authorities which tend to disturb public peace; and
Knowingly concealing such evil practices
2.
3.
4.
They intend to disturb or obstruct any
lawful officer in executing the
functions of his office;
They tend to instigate others to cabal
and meet together for unlawful
purposes;
They suggest or incite rebellious
conspiracies or riots; or
They lead or tend to stir up the people
against the lawful authorities or
disturb the peace of the community,
and the safety and order of the
Government.
ELEMENTS: (DIM)
Rules relative to seditious words:
1.
2.
3.
The offender does not take direct part in the crime of
sedition;
He incites others to the accomplishment of any of the acts
which constitute sedition; and
The inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end.
1.
Clear and Present Danger Rule
It is required that there must be
reasonable ground to believe that the
danger apprehended is imminent and
that the evil to be prevented is a
serious one. There must be the serious
injury to the State. The SC adheres to
this doctrine.
2.
Dangerous Tendency Rule
VALISNOTES | 22-23
Scurrilous
It means low, vulgar, mean, or foul.
Knowingly concealing such evil
practices
It is ordinarily an act of the accessory after
the fact, but under this provision, the act is
treated and punished as that of the
principal.
Disturbance or disorder is not necessary in
order to be seditious.
“Present”
used to be
immediate
only be
inevitable.
refers to the time element. It
identified with imminent and
danger. The danger must not
probable but very likely
Reason why seditious utterances are
prohibited
If the State were compelled to wait until
the apprehended danger became certain,
then its right to protect itself would come
into being simultaneously with the
overthrow of the Government, when there
would be neither prosecuting officers nor
courts for the enforcement of the law.
“The only time you should ever look back is to see how far you've come.”
101
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
There is inciting to sedition when the
words uttered or published could
easily produce disaffection among the
people and a state of feeling in them
incompatible with a disposition to
remain loyal to the Government and
obedient to the laws.
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
(PF)
ART. 143
ACTS TENDING TO
PREVENT THE
MEETING OF THE
ASSEMBLY AND
SIMILAR BODIES
1.
2.
There be a projected or actual meeting of the Congress or
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;
and
The offender, who may be any person, prevents such
meeting by force or fraud.
(CODI)
1.
ART. 144
DISTURBANCE OF
PROCEEDINGS
2.
There be a meeting of Congress or any of its committees
or subcommittees, constitutional commissions or
committees or divisions thereof, or any provincial board
or city or municipal council or board; and
The offender does any of the following acts:
a. He disturbs any of 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.
Punishable Acts: (UA)
1.
ART. 145
VIOLATION OF
PARLIAMENTARY
IMMUNITY
Using force, intimidation, threats, or frauds to prevent any
member from: (ACE)
a. Attending the meetings of Congress or any of its
committees or subcommittees. Constitutional
commissions or committees or divisions thereof;
b. Casting his vote; or
c. Expressing his opinions.
ELEMENTS: (U-PAEC)
1. The offender (any person) uses force, intimidation
threats or fraud; and
VALISNOTES | 22-23
Force referred to here is one that produces
an injury on the person of another, and
fraud involves falsification. Thus,
physical injuries and falsification will be
complexed as a necessary means to
commit this crime.
Disturbance of proceedings is not among
those which may be prosecuted de officio
hence, the complaint must be filed by a
member of the legislative body.
Disturbance created by a participant in the
meeting is not covered by Art. 144.
The same act may be made the basis for
contempt since it is coercive in nature
while the crime under this Article is
punitive.
Session refers to the entire period from its
initial convening until its final
adjournment.
It is not necessary that the member is
actually prevented from exercising any of
his functions. It is sufficient that Congress
is in session and the offender, in using
force, intimidation, threats, or frauds, has
the purpose to prevent a member of the
National Assembly from exercising any of
such prerogatives.
“The only time you should ever look back is to see how far you've come.”
102
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
2.
2.
The purpose of the offender is to prevent any
member of the Congress from:
a. Attending the meetings of the Congress or any
of its committees or constitutional commissions,
etc.;
b. Expressing his opinions; or
c. Casting his vote.
Parliamentary immunity does not protect
members of Congress from responsibility
before the legislative body itself.
Sec. 11, Art. VI of the 1987 Constitution
states that, “A Senator or Member of the
House of Representatives shall in all
offenses punishable by not more than six
(6) years imprisonment, be privileged
from arrest while Congress is in session”
while Art.145 of the RPC states “penalty
higher than prisión mayor.” To be
consistent with the Constitution, the
Constitution should prevail over Art.
145, and the Constitution says “six (6)
years,” not prisión mayor (6 years and 1
day to 12 years).
Arresting or searching any member while Congress is in
session, except in cases where such member has
committed a crime punishable under the Code by a
penalty higher than prisión correccional.
ELEMENTS: (PASP)
1. The offender is a public officer or employee;
2. He arrests or searches any member of Congress;
3. The Congress, at the time of arrest or search, is in
regular or special session; and
4. That the member arrested or searched has not
committed a crime punishable under the Code by a
penalty higher than prisión mayor.
Persons Liable:
2 Kinds of Illegal Assemblies:
1.
Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the RPC;
REQUISITES: (MAC)
1. There is a meeting, gathering or group of persons,
whether in a fixed place or moving;
2. The meeting is attended by armed persons; and
3. The purpose of the meeting is to commit any of the
crimes punishable under the RPC.
ART. 146
ILLEGAL
ASSEMBLIES
2.
Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agent.
REQUISITES: (MAN)
NOTES/OTHERS
1.
2.
The organizers or leaders of the
meeting; and
Persons merely present at the
meeting.
The persons merely present at the meeting
must have a common intent to commit the
felony of illegal assembly. The absence of
such intent (e.g. presence is out of
curiosity) may exempt the person from
criminal liability.
In case there is no actual incitement, a
person invited to give a speech in an illegal
assembly or meeting and incites the
members of such assembly is guilty of
inciting to sedition only and not illegal
assembly.
VALISNOTES | 22-23
1.
Not all the persons present at the meeting
of the first form of illegal assembly must
be armed.
Meeting
Shall be understood to include a gathering
or group, whether in a fixed place or
moving.
In the first kind of illegal assembly, the
meeting should be attended by “armed
persons.” As to how many should be
armed, the law is silent. However, it is
submitted that there should be at least two
because the law uses the plural form
“persons”.
2.
“The only time you should ever look back is to see how far you've come.”
103
-방탄소년단
CRIME
1.
2.
ART. 147
ILLAGAL
ASSOCIATIONS
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
There is a meeting, a gathering or a group of persons,
whether in a fixed place or moving; and
The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
Prohibited Associations
Associations totally or partially organized for:
1. The purpose of committing any of the crimes punishable
under the RPC; or
2. Some purpose contrary to public morals.
2 Ways of Committing Direct Assault:
1.
Without public uprising, by employing force or
intimidation for attainment of any of the purposes
enumerated in defining the crimes of sedition and
rebellion; and
ELEMENTS: (FAN)
1. The offender employs force or intimidation;
2. 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; and
3. There is no public uprising.
ART. 148
DIRECT ASSAULT
2.
Without public uprising, by attacking, by employing
force or seriously resisting any person in authority
(PA) or agents of persons in authority (APA), while
engaged in the performance of official duties, or on the
occasion of such performance.
Presumptions:
If any person carried an unlicensed
firearm, it is presumed that:
1. The purpose of the meeting insofar as
he is concerned is to commit acts
punishable under the RPC; and
2. He is considered a leader or organizer
of the meeting.
The law does not distinguish whether the
firearms are licensed or not. It only gives
a presumption if the firearm is used is
unlicensed.
Persons Liable:
1.
Founders, directors, and presidents of
the association; and
2. Members of the association.
Makes an attack
Includes any offensive or antagonistic
movement or action of any kind
(equivalent to aggression).
Even when PA or APA agrees to fight, an
attack made by accused constitutes direct
assault, EXCEPT when the attack is made
in lawful defense; the character of person
in authority or his agent is not laid of at
will but attaches to him until he ceases to
be in office.
Employs force
Degree of force necessary:
1. If the victim is an APA, the violence,
intimidation, or resistance employed
by the offender must be serious.
2. If the victim is a PA, the degree of
force employed against him is
VALISNOTES | 22-23
NOTES/OTHERS
It is necessary that the audience is actually
incited. If in the meeting the audience is
incited to the commission of rebellion or
sedition, the crimes committed are illegal
assembly as regards the organizers or
leaders or persons merely present and
inciting to rebellion or sedition insofar as
the one inciting them is concerned.
R.A. No. 1700, The Anti-Subversion Acts
was repealed by R.A. No. 7636, which
was approved on September 22, 1992. At
present, there is no law that punishes
subversion.
1st way
The first mode is tantamount to rebellion
or sedition, without the element of public
uprising.
Offended party need not be a person in
authority or his agent; he may be a private
individual if the object is to attain an
object of sedition.
2nd way
The word “attack” includes any offensive
or antagonistic movement or action of any
kind.
The person assaulted is a person in
authority or his agent
In direct assaults, the victim is a person in
authority or his agent, and the attack,
employment of force or intimidation is
committed on the occasion of the
“The only time you should ever look back is to see how far you've come.”
104
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
ELEMENTS: [O(af)PT(ap)KU]
1. The offender:
a. Makes an attack; or
b. Employs force;
2. The person assaulted is a person in authority;
3. At the time of the assault the person in authority or
his agent:
a. Is engaged in the actual performance of official
duties; or
b. That he is assaulted by reason of the past
performance of his official duties;
4. The offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties; and
5. There is no public uprising.
3.
QUALIFYING
CIRCUMSTANCES/OTHERS
immaterial as the mere laying of
hands on him is sufficient.
Makes a serious intimidation
(unlawful coercion, duress, putting
someone in fear, exertion of an
influence in the mind which must be
both immediate and serious), or
The intimidation must produce its
effects immediately, for if the threats
be of some future evil, the act would
not be an assault.
4.
2 Kinds of Direct Assault of the 2nd Form:
1. Simple assault; and
2. Qualified assault.
Makes a serious resistance (if not
serious, dangerous, grave, or severe,
crime committed may be that under
Art. 151 or resistance and
disobedience).
The resistance must be action, not
passive, because resistance must be
serious whether the offended party is
a PA or an APA.
When considered not in the actual
performance of official duties:
1.
2.
3.
When the PA or APA exceeds his
powers or acts without authority;
Unnecessary use of force or violence;
or
Descended to matters which are
private in nature.
Qualified Assault
Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or
employee; or
3. Offender lays hands upon a person in
authority.
VALISNOTES | 22-23
NOTES/OTHERS
performance of official duties or by reason
of such performance of official duties or
by reason of such performance.
Is engaged in the actual performance of
official duties
Even when the agent of a person in
authority agrees to fight, the attack made
by the accused constitutes direct assault,
because the character of a person in
authority or his agent is not assumed or
laid off at will, but attaches to him until he
ceases to be in office. However, if the
complaining official had been the one
who issued the challenge to fight, he
disrobed himself of the mantle of
authority and waived the privilege of
protection as a person in authority.
Offender and offended party are both
persons in authority or their agents
An assault upon a person in authority may
be committed by another person in
authority as Art. 148 makes it an
aggravating circumstance when the
offender is a "public officer or employee.”
However, there can be no assault upon or
disobedience to one authority by another
when they both contend in the exercise of
their respective duties.
That he is assaulted by reason of the
past performance of his official duties
Even if at the very time of the assault no
official duty was being discharged, the
crime may be of direct assault.
Illustration: A justice of the peace was on
the street and on his way home when he
was attacked by the accused. The former
was not in the performance of his duty but
“The only time you should ever look back is to see how far you've come.”
105
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
Motive, when important:
General Rule: If the PA or APA is
engaged in the actual performance of
duties. at the time-of the assault, the
motive for the assault is immaterial. Direct
assault is committed even if the motive
was totally foreign to the victim’s official
function.
Exception: Evidence of motive of the
offender is important when the PA or his
APA who is attacked or seriously
intimidated is not in the actual
performance of his official duty.
Where injuries were inflicted on a person
in authority who was not then in the actual
performance of his official duties, the
motive of the offender assumes
importance because if the attack was by
reason of the previous performance of
official duties by the person in authority,
the crime would be Direct Assault;
otherwise, it would only be Physical
Injuries.
Complex Crime of Direct Assault with
Murder/Homicide
When the assault results in the killing of
an agent or of a person in authority for that
matter, there arises the complex crime of
Direct Assault with murder or homicide.
Complex Crime of Direct Assault with
Serious/Less Serious Physical Injuries
If direct assault is committed and the PA
or APA suffers serious or less serious
physical injuries, the crime shall be a
complex crime or direct assault with
serious or less serious physical injuries.
VALISNOTES | 22-23
NOTES/OTHERS
the accused assaulted him by reason of the
performance of his duty, that is, his
sending out the accused to preserve the
decorum in his court.
The offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties
The accused should know that the victim
is a person in authority or his agent, that
is, that the accused must have the intention
to offend, injure or assault the offended
party as a person in authority or an agent
of a person in authority.
For teachers, professors, and persons
charged with the supervision of public or
duly recognized private schools, colleges
and universities, their status as a person in
authority being a matter of law and not of
fact, ignorance thereof could not excuse
the accused.
There is no public uprising
Direct assault cannot be committed in
times of rebellion or sedition because Art.
148 requires that the assault be “without a
public uprising”.
The crime of slight physical injuries is
absorbed in direct assault, as the same is
the necessary consequence of the force or
violence inherent in all kinds of assault.
“In the performance of his duties or on the
occasion thereof” requires the legitimate
exercise of the PA or APA. The duties
must be performed according to law.
Hence, there is no direct assault if the
victim was “engaged in the performance
“The only time you should ever look back is to see how far you've come.”
106
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
of his official duties", nor “on the
occasion of such performance”.
There can be no assault upon or
disobedience to one authority by another
when the offender and the offended party
both contend in the exercise of their
respective duties.
Under Art. 149, it was formerly required
that (a) direct assault is being committed
against a PA or an APA; and (b) a third
party comes to. the aid of the victim by
virtue of the latter’s order or request.
However, because of the amendment of
Art. 152 by R.A. No. 1978, a private
individual coming to the aid of a PA is
himself deemed an APA. Thus, the rules
are:
(VAU)
ART. 149
INDIRECT
ASSAULT
ART. 150
1.
2.
3.
1.
A PA or APA is the victim of any of the forms of direct
assault defined in Art. 148;
A person comes to the aid of the APA; and
The offender makes use of force or intimidation upon
such person coming to the said of the APA.
Punishable Acts: (OSAWI)
If the victim is a PA who is the subject
of a direct assault, and the 3rd person
coming to his aid (who then becomes
an APA) is likewise attacked, the
crime committed against the 3rd
person will be direct assault,
resistance or disobedience depending
on the degree of force or violence
used by the offender.
2. If the victim is an APA, it depends:
a. If direct assault is being
committed against the APA, the
attack against the 3rd person will
constitute indirect assault;
b. If only resistance or disobedience
is being committed against the
agent, the attack against the 3rd
person is either physical injuries
or coercion as the case may be.
Examples of refusal with legal excuse:
VALISNOTES | 22-23
The offended party in indirect assault may
be a private person.
Indirect assault can be committed only
when a direct assault is also committed.
Testimony of person summoned must
relate to matters in the exercise of their
“The only time you should ever look back is to see how far you've come.”
107
-방탄소년단
CRIME
DISOBEDIENCE TO
SUMMONS ISSUED
BY THE
NATIONAL
ASSEMBLY, ITS
COMMITTEES OR
CUBCOMMITTEES,
BY THE
CONSTITUTIONAL
COMMISSION, ITS
COMMITTEES,
SUBCOMMITTEE
OR DIVISIONS
ELEMENTS/PUNISHABLE ACTS
1.
2.
3.
4.
5.
Refusing, without legal excuse, to obey summons of
Congress, or
any commission or committee
chairman or member authorized to summon
witnesses;
Refusing to be sworn or placed under affirmation
while before such legislative or constitutional body
or official;
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;
Restraining another from attending as a witness in
such legislative or constitutional body; and
Inducing disobedience to summons or refusal to be
sworn by any such body or official.
1.
2.
QUALIFYING
CIRCUMSTANCES/OTHERS
When the testimony is selfincriminating;
When the person summoned is
compelled to be a witness against
himself.
NOTES/OTHERS
functions; hence, it should be “in aid of
legislation” or on matters within the
jurisdiction of Congress to inquire.
Any of the acts punished herein may also
constitute contempt.
Reason for the provisions of Art. 150
and the power of contempt
A legislative body cannot legislate wisely
or effectively in the absence of
information respecting the conditions
which the legislations are intended to
affect or change.
Mere requests for such information are
often unavailing, and also that
information which is volunteered is not
always accurate or complete; so some
means of compulsion is essential to obtain
what is needed through the power of
contempt during legislative inquiry.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
108
-방탄소년단
CRIMES AGAINST PUBLIC INTEREST
CRIME
ART. 161
COUNTERFEITIN
G SEAL OF
GOVERNMENT,
SIGNATURE AND
STAMP OF
PRESIDENT
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
Great Seal
It is affixed or placed upon all
commissions signed by the President and
upon such other official documents and
papers of the Republic of the Philippines
as may be provided by law, or as may be
required by custom and usage. The
President shall have custody of the Great
Seal.
Punishable Acts: (GSS)
1.
2.
3.
Forging the Great Seal of the Government of the
Philippines;
Forging the signature of the President; and
Forging the stamp of the President.
When, in a government document, the
signature of the President is forged, it is
not falsification of public document, but
forging the signature of the Chief
Executive.
The offender must not be the forger.
Otherwise the crime is forgery under Art.
161.
(CKU)
ART. 162
USE OF FORGED
SIGNATURE OR
COUNTERFEIT
SEAL OR STAMP
1.
2.
3.
The Great Seal of the Republic was counterfeited, or the
signature or stamp of the President was forged by another
person;
The offender knew of the counterfeiting or forgery; and
He used the counterfeit seal or forged signature or stamp.
(FMU)
ART. 163
MAKING AND
IMPORTING AND
UTTERING FALSE
COINS
1.
2.
3.
There be false or counterfeited coins;
The offender either made, imported or uttered such coins;
and
In case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers.
NOTES/OTHERS
Kinds of Coins The Counterfeiting of
Which is Punished:
1.
2.
Any of the coinage of the Philippines;
Coin of the currency of a foreign
country.
In using the forged signature or stamp of
the President or forged seal, the
participation of the offender is in effect
that of an accessory. Although the general
rule is that he should be punished by a
penalty 2 degrees lower, under Art. 162,
he is punished by a penalty 1 degree lower.
A coin is false or counterfeited if it is
forged or if it is not authorized by the
Government as legal tender, regardless of
its intrinsic value.
Import
To import fake coins means to bring them
into port. The importation is complete
before entry at the Customs House.
Counterfeiting
It means the imitation of the peculiar
design of a genuine coin. There is
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
109
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
counterfeiting when a spurious coin is
made.
Uttering
It means to fabricate and put into
circulation false coins.
ART. 163
EXTENDS NOT
ONLY TO
CURRENCY BUT
TO COINS
WITHDRAWN
FROM
CIRCULATION
Coins withdrawn from circulation may be
counterfeited because Art.163 does not
make any distinction. In Par. 3, the use of
the word “currency” is not correct because
the Spanish text uses the word “moneda”
which includes those out of circulation,
not only legal tender.
Utter
it means to pass counterfeited coins
including their delivery or giving them
away.
ART. 164
MUTILATION OF
COINS –
IMPORTATION
AND UTTERANCE
OF MUTILATED
COINS
Punishable Acts: (MI)
1.
2.
Mutilating coins of the legal currency, with the intent to
damage or to defraud another; and
Importing or uttering such mutilated coins, with the
further requirement that there must be connivance with
the mutilator or importer in case of uttering.
Punishable Acts:
ART. 165
SELLING OF
FALSE OR
MUTILATED
COIN, WITHOUT
CONNIVANCE
1.
Possession of coin, counterfeited or mutilated by
another with intent to utter the same knowing that it
is false or mutilated; and
ELEMENTS (PIK):
a. Possession;
VALISNOTES | 22-23
Mutilation
It means to take off part of the metal either
by filing it or substituting it for another
metal of inferior quality. It is to diminish,
by ingenious means, the metal in the coin,
thus diminishing its intrinsic value.
Coins of foreign country not included
The coin must be of the legal tender or
current coins of the Philippines. If the coin
mutilated is legal tender of a foreign
country, it is not a crime of mutilation
under the RPC.
Possession of or uttering false coin does
NOT require that the counterfeited coin is
legal tender. But if the coin being uttered
or possessed with intent to utter is a
mutilated coin, it must be a legal tender
coin because of Art. 164 to which Art. 165
is related.
“The only time you should ever look back is to see how far you've come.”
110
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
b.
c.
2.
With Intent to utter; and
Knowledge
NOTES/OTHERS
The possession prohibited in Art. 165 is
possession in general, that is, not only
actual, physical possession but also
constructive possession or the subjection
of the thing to one’s control, otherwise
offenders could easily evade the law by
the mere expedient of placing other
persons in actual, physical possession of
the thing although retaining constructive
possession or actual control thereof.
Actually uttering false or mutilated coin, knowing it
to be false or mutilated.
ELEMENTS: (UK)
a. Actually uttering; and
b. Knowledge.
Actually uttering false or mutilated coin,
knowing it to be false or mutilated, is a
crime under Art. 165, even if the offender
was not in connivance with the
counterfeiter or mutilator.
Forging
It is committed by giving to a treasury or
bank note or any instrument payable to
bearer or to order the appearance of a true
and genuine document
What may be forged or falsified under
Art. 166
ART. 166
FORGING
TREASURY OR
BANK NOTES
PAYABLE TO
BEARER;
IMPORTING AND
UTTERING THE
SAME
Punishable Acts: (FIU)
1.
2.
3.
Forging or falsification of treasury or bank notes or other
documents payable to bearer;
Importation of the same; and
Uttering the same in connivance with forgers or importers.
1.
2.
3.
Treasury or bank notes;
Certificates; and
Other obligations and
payable to bearer.
securities
The falsification of Philippine National
Bank (PNB) checks is not forgery under
Art. 166 of RPC but falsification of
commercial documents under Art 172 in
connection with Art.171 of the Code.
VALISNOTES | 22-23
Falsification
It is committed by erasing, substituting,
counterfeiting, or altering by any means
the figures, letters, words, or signs
contained therein.
Importation
It means to bring them into the
Philippines, which presupposes that the
obligations or notes are forged or falsified
in a foreign country
Uttering False or Forged Obligations or
Notes
It means offering obligations or notes
knowing them to be false or forged,
whether such offer.is., accepted or not,
with a representation, by words or actions,
“The only time you should ever look back is to see how far you've come.”
111
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
that they are genuine and with an intent to
defraud.
ART. 167
Reason For Punishing Forgery
(PFC)
COUNTERFEITING,
IMPORTING AND
UTTERING
INSTRUMENTS
NOT PAYABLE TO
BEARER
1.
2.
3.
There be an instrument payable to order or other
document of credit not payable to bearer:
The offender either forged, imported or uttered such
instrument;
In case of uttering, he connived with the importer.
Forgery of currency is punished so as to
maintain the integrity of the currency and
thus insure the credit standing of the
government and prevent the imposition on
the public and the government of
worthless notes or obligations.
The utterer should not be the forger;
otherwise, connivance is obviously not
required, for he can be held liable as a
forger of the instrument.
Mere possession of false treasury or
bank notes alone is not punishable
For it to constitute an offense, one must
knowingly possess said false treasury or
bank notes with intent to use the same.
The accused must have knowledge of the
forged character of the note.
[TKP(up)]
ART. 168
ILLEGAL
POSSESSION AND
USE OF FALSE
TREASURY OR
BANK NOTES AND
OTHER
INSTRUMENTS OF
CREDIT
1.
2.
3.
The Treasury of Bank note or certificate or other
obligation and securities payable to bearer or any
instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another;
The offender knows that any of these instruments is
forged or falsified; and
He performs any of these acts:
a. Using any of such forged or falsified
instruments; or
b. Possessing with intent to use, any of the forged
or falsified documents.
Possession of fake dollar notes must be
coupled with the act of using or at least
with intent to use the same as shown by a
clear and deliberate overt act in order to
constitute a crime.
A person in possession of falsified
document and makes use of it, taking
advantage of it and profiting thereby, it is
presumed that said person is the material
author of the falsification.
Intent to use is sufficient to consummate
the crime when the offender is in
possession of false or falsified obligations
or notes. But if the accused did not carry
out his intention and threw away the
forged note, he is not liable as the law will
not close the door of repentance on him.
ART. 169
HOW FORGERY IS
COMMITTED
Two ways of committing forgery: (GE)
Forgery cannot be presumed. It must be
proved by clear, positive and convincing
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
112
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
1.
2.
NOTES/OTHERS
Giving to a treasury or bank note or any instrument
payable to bearer or to order the appearance of a true and
genuine document; or
Erasing, substituting, counterfeiting, or altering by any
means the figures, letters, words or signatures contained.
evidence and the burden of proof lies on
the party alleging the forgery.
A forged signature is wholly inoperative.
Forgery includes
counterfeiting.
falsification
and
P.D. No. 247 penalizes defacement,
mutilation, tearing, burning or destroying
of Central Bank notes and coins.
The bill, resolution, or ordinance must be
genuine.
(BAPC)
ART. 170
FALSIFICATION
OF LEGISLATIVE
DOCUMENTS
1.
2.
3.
4.
Offender may be a private individual or a
public officer.
There be a bill, resolution or ordinance enacted or
approved or pending approval by either the House of the
Legislature or any provincial board of municipal council;
The offender alters the same;
He has no proper authority therefor; and
The alteration changed the meaning of the document.
Counterfeiting or imitating any
handwriting
(feigning)
any
handwriting, signature or rubric;
Accused must not be a public official
entrusted with the custody or possession of
such document otherwise Art 171 applies.
Likewise, acts of falsification which do
not change the meaning, even in
legislative documents, are punished either
in Art. 471 or under Art.172.
The ecclesiastical minister is liable under
this Article if he shall commit any of the
acts of falsification with respect to any
record or document of such character that
its falsification may affect the civil status
of persons.
A. Counterfeiting
Imitating any handwriting, signature
or rubric.
The same is not applicable when the
purpose is merely to correct clerical errors
in unessential details.
Requisites: (IR)
a. There be an intent to imitate or an
attempt to imitate; and
b. The
two
signatures
or
handwritings, the genuine and the
If he did not take advantage of his official
position, he would be guilty of
falsification of public document by a
private individual under Art. 172.
8 MODES OF FALSIFYING
DOCUMENT: (CPAU-A2I2)
[PA(dc)F]
ART. 171
FALSIFICATION
BY PUBLIC
OFFICER,
EMPLOYEE OR
NOTARY OR
ECCLESIASTICAL
MINISTER
1.
2.
3.
1.
The offender is a public officer, employee or notary
public or ecclesiastical minister;
He takes advantage of his official position when:
a. He has duty to make or prepare or otherwise
intervene in the preparation of the document; or
b. He has the official custody of the document
which he falsifies; and
The offender falsifies a document.
VALISNOTES | 22-23
A
“The only time you should ever look back is to see how far you've come.”
113
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
forged, bear some resemblance
to each other.
ELEMENTS/PUNISHABLE ACTS
If there is no attempt whatsoever
by the accused to imitate the
signatures of the other person so
that they are entirely unlike the
genuine signature, the accused
may be found guilty under the 2nd
mode of falsifying a document.
B. Imitating (feigning)
Simulating a signature, handwriting,
or rubric out of one which does not in
fact exist (e.g., making it appear that
a person who does not know how to
write has signed the document.)
2.
Causing it to appear that persons
have participated in an act or
proceeding when they did not in
fact so participate;
The imitation of the signature of the
offended party is not necessary in this
mode of falsification.
Example: Voting in place of the
registered voter.
Requisites: (AN)
a. The offender caused it to appear
in a document that a person or
persons participated in an act or
proceeding; and
b. Such person or persons did not in
fact so participate in the act or
proceeding.
3.
Attributing to person who have
participated in any act or
VALISNOTES | 22-23
NOTES/OTHERS
Document A document is defined as a
deed, instrument or other duly authorized
paper by which something is proved,
evidenced or set forth.
The document must be complete or at least
have the appearance of a true and genuine
document.
The document must be of apparent legal
efficacy.
In the 1st, 2nd, 6th, 7th (second part) and 8th
mode of falsification, there must be a
genuine document.
In the other paragraphs of Art. 171,
falsification may be committed by
simulating or fabricating a document.
Intent to Gain is NOT Necessary
In falsification of public or official
documents, intent to gain or intent to
injure a third person is not necessary.
What is being punished is the violation of
public faith and the destruction of truth as
therein solemnly proclaimed.
There is no falsification of a public
document if the acts of the accused are
consistent with good faith.
4. Narration of Facts
It is merely an account or description of
the particulars of an event or occurrence.
Hence, the use of words or figures or
numbers or any combination of two or
three of said things, as long as it describes
an event is sufficient to make a “narration
of facts” under Art.171(4).
“The only time you should ever look back is to see how far you've come.”
114
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
proceeding statements other than
those in fact made by them;
ELEMENTS/PUNISHABLE ACTS
Instead of executing a conferment of
the power of attorney as intended by
the offended parties, defendant
managed to pervert the truth and
ascribed to the former, statements
making him a buyer and new owner of
the coconut land of the offended
parties.
Requisites: (PMA)
a. A person or persons participated
in an act or proceeding;
b. Such person or persons made
statements in that act of
proceeding; and
c. the offender in making a
document, attributed to such
person, statements other than
those in fact made by such person
or persons.
4.
Making untruthful statement in a
narration of facts;
Requisites: (NLFI)
a. The offender makes in a
document
statements in a
narration
of
facts
(not
conclusions of law);
b. He has the legal obligation to
disclose the truth of the facts
narrated by him;
c. The facts narrated by the offender
are absolutely false; and
d. The perversion of truth inf the
narration of facts was made with
the wrongful intent of injuring a
third person.
VALISNOTES | 22-23
NOTES/OTHERS
When a government employee is required
to disclose his relatives in the government
service, such information elicited
therefore qualifies as narration of facts.
If the narration of facts is contained in an
affidavit or a statement required by law to
be sworn to, the crime committed is
perjury.
Conclusion of law
It is defined as a proposition not arrived at
by any process of natural reasoning from a
fact or combination of facts stated but by
the application of the artificial rules of law
to the facts pleaded.
“The only time you should ever look back is to see how far you've come.”
115
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
The facts must be absolutely false.
The crime of falsification is not
violated if there is some colorable
truth in the statements of the accused
and the person making the narration of
facts must be aware of the falsity of
the facts narrated by him.
ELEMENTS/PUNISHABLE ACTS
Wrongful intent is not essential when
the document falsified is a public
document.
One essential element of this kind of
falsification is that there must be a
legal obligation to disclose the truth of
the fact claimed to be false. In other
words, there must be a law requiring
expressly or impliedly, the disclosure
of the truth of the fact alleged to have
been falsified.
5.
Altering true dates;
Requisites: (EA)
a. The date mentioned in the
document is essential; and
b. The alteration of the date in a
document must affect either the
veracity of the document or the
effects thereof.
Alteration of dates in official receipts
to prevent discovery of malversation
is falsification.
6.
Making alteration or intercalation
in a genuine document which
changes its meaning;
Requisites: (AGNCG)
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
116
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
a. There be an alteration (change) or
intercalation (insertion) on a
document;
b. It was made on a genuine
document;
c. If the document is not genuine,
the crime of estafa is committed;
d. The alteration or intercalation has
changed the meaning of the
document; and
e. The change made the document
speak something false.
ELEMENTS/PUNISHABLE ACTS
Alteration which speaks of the truth is
not falsification. The idea of
deception is inherent in the work
alteration – of making the instrument
speak something which the parties did
not intend it to speak.
7.
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; and
It cannot be committed by a private
individual or by a notary public or
public officer who does not take
advantage of his official position.
The idea of gain or intent to cause
damage to a third person is not
necessary because it is the interest of
the community which is intended to
be guaranteed by the strict
faithfulness of the officials charged
with the preparation and preservation
of the acts in which they intervene.
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
117
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
8.
Punishable Acts:
1.
Falsification of public, official or
documents by a private individual;
commercial
ART. 172
FALSIFICATION
BY PRIVATE
INDIVIDUALS
AND USE OF
FALSIFIED
DOCUMENTS
Mere blank form of an official document is not in itself a
document.
Damage or intent to cause damage is not necessary. The
controlling consideration lies in the public character of the
document.
2.
Falsification of private document by any person; and
ELEMENTS: (FPD)
a. The offender committed any of the acts of
falsification, except those in par. 7, enumerated in
Art. 171;
b. The falsification was committed in any private
document; and
c. The falsification caused damage to a third party or at
least the falsification was committed with the intent
to cause such damage.
3.
Use of falsified documents
Intercalating any instrument or
note relative to the issuance thereof
in a protocol, registry or official
book.
When private document deemed as
public document:
1.
ELEMENTS: (PFP)
a. The offender is a private individual or a public officer
or employee who did not take advantage of his
official position;
b. That he committed any of the acts of falsification
enumerated in Art. 171 pars. 1-6; and
c. That the falsification was committed in a public or
official or commercial document.
2.
When acknowledged before a
notary public; and
When intended to be a part of the
public or official records. Hence,
the fact that the falsification took
place before it became part of the
public records is immaterial.
Mere falsification of private document
is not enough. Two things are required:
1.
2.
NOTES/OTHERS
He must have falsified the same; and
He must have performed an
independent act in order to make use
of it which operates to the prejudice of
third persons.
Damage need not be material; damage to
one’s honor is included.
Cannot be complexed with Estafa
There is no complex crime of estafa
through falsification of a private document
because the immediate effect of
falsification of private document is the
same as that of estafa.
There is no falsification of private
document through reckless imprudence
since there must at least be intent to cause
damage, that is, there must be malice.
A. Introducing in a judicial proceeding
VALISNOTES | 22-23
Public document
A document created, executed or issued by
a public official in response to the
exigencies of the public service, or in the
execution of which a public official
intervened.
Any instrument authorized by a notary
public or a competent public official, with
the solemnities required by law.
Lack of malice or criminal intent is a
defense in falsification of public
document.
Official document
A document which is issued by a public
official in the exercise of the functions of
his office.
Commercial document
Any document defined and regulated by
the Code of Commerce or any other
commercial laws. Likewise, they are those
used by merchants or businesspersons to
promote or facilitate trade or credit
transactions.
Private document
A deed or instrument executed by a private
person without the intervention of a notary
public or other person legally authorized,
by which document some disposition or
agreement is proved, evidenced or set
forth.
“The only time you should ever look back is to see how far you've come.”
118
-방탄소년단
CRIME
ELEMENTS/PUNISHABLE ACTS
ELEMENTS: (KEI)
i.
The offender knew that the document was
falsified by another person;
ii.
The false document was embraced in Art. 171 or
in any of subdivision No. 1 or 2 of Art. 172; and
iii.
He introduced said document in evidence in any
judicial proceeding.
QUALIFYING
CIRCUMSTANCES/OTHERS
One can be guilty of the complex crime of
qualified theft through falsification of
commercial document.
NOTES/OTHERS
No damage is required.
Use in any other transaction
ELEMENTS: (KEUD)
i.
The offender knew that the document was
falsified by another person;
ii.
The false document was embraced in Art. 171 or
in any of subdivision No. 1 or 2 of Art. 172; and
iii.
He used such document (not in judicial
proceeding); and
iv.
The use of the false document cause damage to
another or at least it was used with intent to cause
damage.
If a person makes, presents, or uses any record,
document, paper or object with knowledge of its
falsity and with intent to affect the course or
outcome of the investigation of, or official
proceedings in criminal cases, such person is
liable under P.D. No. 1829, sec. 1(f).
Punishable Acts: (UFU)
ART. 173
FALSIFICATION
OF WIRELESS,
CABLE,
TELEGRAPH AND
TELEPHONE
MESSAGES AND
USE OF SAID
FALSIFIED
MESSAGES
1.
2.
Uttering fictitious wireless, telegraph, or telephone
messages;
Falsifying wireless, telegraph or telephone messages; and
ELEMENTS OF 1 AND 2: (OC)
a. The offender is an officer or employee of the
Government, or an officer or an employee of a private
corporation engaged in the service of sending or
receiving wireless, cable or telephone message; and
b. He commits any of the above acts.
VALISNOTES | 22-23
The Telegraph Message Act punishes any
person who willfully forges or
substantially alters a telegram or who
utters a telegram knowing the same to be
forged, or who utters as a telegram any
message or communication which he
knows to be not a telegram (Sec. 4, R.A.
No. 1851).
“The only time you should ever look back is to see how far you've come.”
119
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
3.
NOTES/OTHERS
Using such falsified messages
ELEMENTS: (KUP)
a. The accused knew that the wireless, cable, telegraph
or telephone message was falsified by any person
specified in Nos. 1 and 2 above;
Private individual can only be held liable for the
crime of falsification of telegraphic dispatches by
direct participation if he is an employee of a
corporation engaged in the business of sending or
receiving wireless telegraph or telephone message or
when he, though not connected with such
corporation, knowingly uses any falsified message to
the prejudice of a third person or with intent to cause
such prejudice. Otherwise, private individual can be
held liable as principal by inducement.
b.
c.
The accused used such falsified dispatch; and
The use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof was
with intent to cause such prejudice.
Persons liable:
1.
Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate;
The crime is False Medical Certificate by a physician.
ART. 174
FALSE MEDICAL
CERTIFICATES,
FALSE
CERTIFICATES
OF MERIT OR
SERVICE
2.
Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances; and
The crime is False Certificate of Merit or Service by a
public officer.
The phrase “or similar circumstances” does not seem to
cover property, because the circumstance contemplated
must be similar to “merit,” “service,” “good conduct.”
Falsification of one’s certificate of service, render a public
officer not only administratively liable for serious
VALISNOTES | 22-23
Certificate
It is any writing by which testimony is
given that a fact has or has not taken place.
A certificate of residence for voting
purposes is certificate of “similar
circumstances”.
“The only time you should ever look back is to see how far you've come.”
120
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
NOTES/OTHERS
misconduct under Sec. 1, Rule 140 of the Rules of Court
but also criminally liable under Arts. 174 and 175 of the
RPC.
3.
Private individual who falsified a certificate falling in
the classes mentioned in nos. 1 and 2.
The crime is False Medical Certificate by a private
individual or False Certificate of Merit or Service by
a private individual.
When any of the false certificates in the
preceding Article is used in a judicial
proceeding, Art. 175 will apply. The use
of false documents in judicial proceedings
under Art. 172 is limited to those false
documents mentioned in Arts. 171 and
172.
It is not necessary that the implements
confiscated form a complete set for
counterfeiting, it being enough that they
may be employed by themselves or
together with other implements to commit
the crime of counterfeiting or falsification.
(FKU)
ART. 175
USING FALSE
CERTIFICATES
ART. 176
MANUFACTURIN
G AND
POSSESSION OF
INSTRUMENTS
FOR
FALSIFICATION
1.
2.
3.
A false certificate mentioned in the preceding article was
issued;
The offender knew that the certificate was false; and
He used the same.
Punishable Acts: (MP)
1.
2.
Making or introducing into the Philippines any stamp,
dye, mark, or other instruments or implements for
counterfeiting or falsification; and
Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
Arts. 165 and 176 punish not only actual,
physical possession, but also constructive
possession or the subjection of the thing to
one’s control.
Good faith as defense
In prosecutions for usurpation of official
functions, good faith is recognized as
defense.
2 Offenses Contemplated Under Art. 177:
1.
ART. 177
USURPATION OF
AUTHORITY OR
OFFICIAL
FUNCTIONS
Usurpation of authority
By false and knowing representation, i.e. the malicious
representation as an agent, officer, or representative of
the government.
The crime of usurpation of authority under Article 177 is
covered by Section 13 of RA No. 3019 as it involves fraud
upon government.
The acts performed must pertain to:
1. The Government;
2. To any person in authority; or
3. To any public officer.
The mere act of knowingly and falsely representing
oneself to be an officer, etc. is sufficient. It is not
VALISNOTES | 22-23
Good faith is defined as a state of mind
denoting honesty of intention and freedom
from knowledge of circumstances which
ought to put the holder upon inquiry
recognized good faith as a defense in
prosecutions for usurpation of official
functions.
“The only time you should ever look back is to see how far you've come.”
121
-방탄소년단
CRIME
QUALIFYING
CIRCUMSTANCES/OTHERS
ELEMENTS/PUNISHABLE ACTS
necessary that he performs an act pertaining to a public
officer.
There must be a positive, express, and explicit
representation on the part of the offender.
2.
Usurpation of official functions
By performing any act pertaining to any person in
authority or public officer of the Philippine Government
or any foreign government, or any agency thereof, without
being lawfully entitled to do so.
ELEMENTS: (PPUW)
a. The offender may be a private person or public
officer;
b. The offender performs any act pertaining to any
person in authority or public officer of the Philippine
government, any of its agencies, or of a foreign
government;
c. The offender performs the act under pretense of
official function; and
d. The offender performs the act without being legally
entitled to do so.
ART. 178
USING
FICTITIOUS
NAME AND
CONCEALING
TRUE NAME
NOTES/OTHERS
It is essential that the offender should have
performed an act pertaining to a person in
authority or public officer.
Usurper
One who introduces himself into an office
that is vacant, or who without color of title,
ousts the incumbent and assumes to act as
an officer by expressing some of the
functions of the office.
Hence, it may be violated by a public
officer who unlawfully assumes a public
position without color of law.
R.A. No. 75 provides a penalty for
usurping authority of diplomatic, consular
or any other official of a foreign
government in addition to the penalty
imposed by the RPC.
Fictitious name
It is any other name which a person
publicly applies to himself without
authority of law.
VALISNOTES | 22-23
“The only time you should ever look back is to see how far you've come.”
122
-방탄소년단
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
123
-방탄소년단
CRIMES AGAINST HONOR
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
124
-방탄소년단
CRIMES AGAINST CHASTITY
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
125
-방탄소년단
QUASI-OFFENSES
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
126
-방탄소년단
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS
“The only time you should ever look back is to see how far you've come.”
127
-방탄소년단
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CRIME
ELEMENTS/PUNISHABLE ACTS
QUALIFYING
CIRCUMSTANCES/OTHERS
VALISNOTES | 22-23
NOTES/OTHERS