REVISED PENAL CODE
BOOK 2
RODNEY P GONZALES
SUCCESSFULLY REGISTERED MY SIM CARD
CRIMES AGAINST
NATIONAL SECURITY
ARTICLES 114 TO 123 TREASON AND ESPIONAGE; PROVOKING
WAR AND DISLOYALTY IN CASE OF WAR; PIRACY AND MUTINY
ARTICLE 114 TREASON (par. 1)
WHAT IS TREASON?
Treason is a breach of allegiance to a government,
committed by a person who owes allegiance to it.
WHAT ARE THE ELEMENTS OF TREASON?
1.
2.
3.
Filipino Citizen OR Alien Resident
WAR – Philippines is involved
That the offender either:
1.
Levies war against the Government; OR
2. Adheres to the enemies, giving them aid or
comfort
WHAT IS ALLEGIANCE?
By the term allegiance is meant the obligation of fidelity
and obedience which the individuals owe to the
government under which they live or to their sovereign, in
return for the protection they receive.
ALLEGIANCE IS PERMANENT OR TEMPORARY
Filipino Citizens = Permanent Allegiance to the PG
Alien Resident
Permanent = His own country
Temporary = Country where he resides (e.g. PHL)
TREASON BY FILIPINO CITIZENS/ ALIEN RESIDENT
Filipino Citizens – “in the Philippines or elsewhere”
Alien Resident – “residing in the Philippines”
CAN TREASON BE COMMITTED IN TIME OF PEACE?
NO
Treason is a war crime. It cannot be committed in time
of peace since while there is peace, there are no traitors.
WHAT ARE THE REQUISITES FOR LEVYING WAR?
1.
2.
There must be an actual assembling (not mere
enlistment) of men; and
The assembly is the purpose of executing a
treasonable design by force.
TAKE NOTE (IN RE: TREASON BY LEVYING WAR)
1.
2.
It is not necessary that there be a formal declaration
of the existence of a state of war. Actual hostilities
may determine the date of the commencement of
war.
The war must be directed against the government
not merely to resist a particular statute or to repel a
particular officer.
TAKE NOTE (IN RE: TREASON BY LEVYING WAR)
3.
If the levying of war is merely a civil uprising, without
any intention of helping an external enemy, the
crime is not treason
Rebellion (Article 134)
ADHERENCE AND GIVING AID OR COMFORT
To constitute treason, these two modes must concur
together.
Adherence alone, without giving aid or comfort to the
enemy, is not sufficient to constitute treason. Conversely,
aid or comfort alone without adherence, is not treason.
WHAT IS ADHERENCE TO THE ENEMY?
There is adherence to the enemy when a citizen
intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his
country’s policy or interest.
WHAT IS AID OR COMFORT?
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitor’s country and an act which weakens or tends to
weaken the power of the traitor’s country to resist or
attack the enemy.
SPECIFIC ACTS OF AID OR COMFORT
1.
2.
Serving as informer and active member of the
Japanese Military police; serving as a spy or agent; or
taking active part in mass killing of civilians by the
Japanese soldiers.
Acting as a “finger woman”
Pointing out to the Japanese several men whom she
accused as guerillas.
TAKE NOTE (IN RE: ADHERENCE/AID OR COMFORT)
1.
2.
3.
Giving information to, or commandeering foodstuff
for the enemy is evidence of both adherence and aid
or comfort
The aid and comfort must be given to the enemy by
some kind of action.
It is not essential that the effort to aid be successful
or actually strengthen the enemy, provided overt acts
are done which if successful would advance the
interest of the enemy
TAKE NOTE (IN RE: ADHERENCE/AID OR COMFORT)
3.
4.
Commandeering of women to satisfy the lust of the
enemy is not treason.
Being a MAKAPILI constitutes an overt act of
psychological comfort.
ARTICLE 114 TREASON (par. 2)
WAYS OF PROVING TREASON
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt act
or on confession of the accused in open court.
PROVING TREASON
Treason cannot be proved by the circumstantial
evidence, however strong or convincing it may be; or by
the extrajudicial confession of the accused.
WAYS OF PROVING TREASON
1.
2.
Testimony of two witnesses, at least, to the same
overt act; or
Confession of the accused in open court.
THE TWO-WITNESS RULE
The testimony of two witnesses is required to prove the
overt act of giving aid or comfort. (Same act, place and
moment of time; e.g. overt act of doing guard duty in the
Japanese garrison)
It is not necessary to prove adherence
ARTICLE 115
CONSPIRACY AND PROPOSAL TO COMMIT TREASON
The conspiracy and proposal to commit the crime of
treason shall be punished respectively, by prision mayor
and a fine not exceeding 2M Pesos, and prision
correccional and a fine not exceeding 1M Pesos.
CONSPIRACY TO COMMIT TREASON
Conspiracy to commit treason is committed when in
time of war, two or more persons come to an agreement
to levy war against the Government or to adhere to the
enemies and to give them aid or comfort, and decide to
commit it.
PROPOSAL TO COMMIT TREASON
Proposal to commit treason is committed when in time of
war, a person who has decided to levy war against the
Government or to adhere to the enemies and to give
them aid or comfort, proposes its execution to some
other person or persons.
DOES THE TWO-WITNESS RULE APPLY TO THESE
FELONIES?
NO
The two-witness rule does not apply to this crime,
because this is a separate and distinct offense from
that of treason
ARTICLE 116 MISPRISION OF TREASON
Every person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not disclose and
make known the same, as soon as possible, to the governor or
fiscal of the province, or the mayor or fiscal of the city in which he
resides, as the case may be, shall be punished as an accessory to
the crime of treason.
MISPRISION OF TREASON; ELEMENTS
1.
2.
3.
That the offender must be owing allegiance to the
Government, and not a foreigner
That he has knowledge of any conspiracy to commit
treason against the Government
That he conceals or does not disclose and make
known the same as soon as possible to the governor
or fiscal of the province or the mayor or fiscal of the
city in which he resides.
TAKE NOTE (in re: MISPRISION OF TREASON)
1.
2.
It cannot be committed by a resident alien because
the offender must be owing allegiance to the
Government, without being a foreigner.
It does not apply when the crime of treason is
already committed by someone and the accused
does not report its commission to the proper
authority.
ARTICLE 117 ESPIONAGE
WHAT IS ESPIONAGE?
Espionage is the offense of gathering, transmitting, or
losing information respecting the national defense with
intent or reason to believe that the information is to be
used to the injury of the Philippines or to the advantage
of any foreign nation. Espionage may be committed both
in time of peace and in time of war.
FIRST MODE OF COMMITTING ESPIONAGE
By entering, without authority therefor, a warship, fort or
naval or military establishment or reservation to obtain
any information, plans, photographs, or other data of a
confidential nature relative to the defense of the
Philippines.
FIRST MODE; ELEMENTS
1.
2.
3.
That the offender enters a warship, fort, or naval or
military establishment or reservation;
That he has no authority therefor;
That his purpose is to obtain information, plans,
photographs, or other data of a confidential nature
relative to the defense of the Philippines.
TAKE NOTE (IN RE: FIRST MODE)
1.
2.
3.
The offender must have the intention to obtain
information relative to the defense of the
Philippines
It is not necessary that the information is obtained.
It is sufficient that he has the purpose to obtain any of
them when he entered a warship, fort, or naval or
military establishment
The offender is any person.
SECOND MODE OF COMMITTING ESPIONAGE
By disclosing to the representative of a foreign nation the
contents of the articles, data, or information of a
confidential nature relative to the defense of the
Philippines, which he had in his possession by reason of
the public office he holds. (e.g. DND)
SECOND MODE; ELEMENTS
1.
2.
3.
That the offender is a public officer
That he has in his possession the articles, data or
information of a confidential nature relative to the
defense of the Philippines, by reason of the public
office he holds;
The he discloses their contents to a representative
of a foreign nation
ARTICLE 118
INCITING TO WAR OR GIVING MOTIVE FOR
REPRISALS
The penalty of reclusion temporal shall be imposed upon any
public officer or employee, and that of prision mayor upon any
private individual, who, by unlawful or unauthorized acts, provokes,
or gives occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on their
persons or property
INCITING TO WAR OR GIVING MOTIVE FOR
REPRISALS; ELEMENTS
1.
2.
That the offender performs unlawful or unauthorized
acts;
That such acts provoke or give occasion for a war
involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or
property.
ARTICLE 118; EXAMPLES
1.
2.
The raising, without sufficient authorization, of troops
within the Philippines for the service of a foreign
nation against another nation.
The public destruction of the flag or seal of a foreign
state or the public manifestation of hostility to the
head or ambassador of another state.
NOTE: Committed in time of peace
ARTICLE 119
VIOLATION OF NEUTRALITY
The penalty of prision correccional, shall be inflicted upon anyone
who, on the occasion of a war in which the Government is not
involved, violated any regulation issued by competent authority for
the purpose of enforcing neutrality.
WHAT IS NEUTRALITY?
A nation or power which takes no part in a contest of
arms going on between others is referred to as neutral.
VIOLATION OF NEUTRALITY; ELEMENTS
1.
2.
3.
That there is a war in which the Philippines is not
involved;
That there is a regulation issued by competent
authority for the purpose of enforcing neutrality
That the offender violates such regulation.
NOTE: It is the violation of such regulation which
constitutes the crime
ARTICLE 120
CORRESPONDENCE WITH HOSTILE COUNTRY
Any person who in time of war, shall have correspondence with an enemy
country or territory occupied by enemy troops shall be punished:
1.
2.
3.
By prision correccional, if the correspondence has been prohibited by the
Government;
By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
By reclusion temporal, if notice or information be given thereby which might
be useful to the enemy. If the offender intended to aid the enemy by giving
such notice or information, he shall suffer the penalty of reclusion temporal
to death.
WHAT IS CORRESPONDENCE?
Correspondence is communication by means of letters;
or it may refer to the letters which pass between those
who have friendly or business relations.
CORRESPODENCE WITH HC; ELEMENTS
1.
2.
3.
That it is in time of war in which the Philippines is involved;
That the offender makes correspondence with an enemy
country or territory occupied by enemy troops;
That the correspondence is eithera. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. Containing notice or information which might be useful to
the enemy
TAKE NOTE (in re: CORRESPONDENCE WITH HC)
1.
2.
Even if the correspondence contains innocent
matters, if the correspondence has been prohibited
by the Government, it is punishable.
Prohibition by the government is not essential in (b)
and (c).
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
The penalty of arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts to flee or go to
an enemy country when prohibited by competent authority.
FLIGHT TO ENEMY’S COUNTRY; ELEMENTS
1.
2.
3.
4.
That there is a war in which the Philippines is involved;
That the offender must be owing allegiance to the
Government;
That the offender attempts to flee or go to enemy
country; and
That going to enemy country is prohibited by
competent authority.
TAKE NOTE (in re: FLIGHT TO EC)
1.
2.
3.
An alien resident in the country can be held liable
since the law does not say “not being a foreigner.”
Mere attempt to flee or go to enemy country
consummates the crime;
If fleeing or going to an enemy country is not
prohibited by competent authority, the crime defined
in Article 121 can not be committed.
ARTICLE 122 (as amended by Sec. 3, R.A. No. 7659)
PIRACY IN GENERAL ON THE HIGH SEAS OR IN
PHILIPPINE WATERS
The penalty of reclusion perpetua shall be inflicted upon any
person who, on the high seas or in Philippine waters, shall attack
or seize a vessel, or not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel,
its equipment, or personal belongings of its complement or
passengers.
PIRACY; DEFINED
Piracy is robbery or forcible depredation on the high
seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal
hostility.
MEANING OF HIGH SEAS
The Convention on the Law of the Sea defines high seas
as parts of the seas that are NOT included in the
exclusive economic zone, in the territorial seas, or in the
internal waters of a state, or in the archipelagic waters of
an archipelagic state.
TWO MODES; PIRACY
1.
2.
By attacking or seizing a vessel on the high seas or in
Philippine waters;
By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement
or passengers.
FIRST MODE; ELEMENTS
1.
2.
3.
That a vessel is on the high seas or in Philippine
waters;
That the offender is any person; and
That the offender shall attack or seize that vessel.
SECOND MODE; ELEMENTS
1.
2.
3.
That a vessel is on the high seas or in Philippine
waters;
That the offender is not a member of its complement
or a passenger of the vessel; and
That the offender seizes the whole or part of the cargo
of said vessel, its equipment or personal belongings of
its complement or passengers.
PIRACY; PD 532
Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means
of violence against or intimidation of persons or force
upon things, committed by any person, including a
passenger or member of the complement of said
vessel, in Philippine waters, shall be considered as
piracy.
ARTICLE 122 (as amended) v PD 532
ARTICLE 122
PD 532
HIGH SEAS/ PHILIPPINE
WATERS
PHILIPPINE WATERS
The offender is any person,
who is not a crew member
or complement or
passenger.
Offender is any person,
either a stranger or a
crew member or
complement or
passenger
TAKE NOTE; PIRACY
1.
2.
3.
If the crew member or complement or passengers
shall seize the cargo, equipment or personal
belongings while on the high seas, the crime is theft
or robbery.
A river is considered part of Philippine waters.
Vessel means any vessel used for transport or
passengers and cargo from one place to another
through Philippine waters.
TAKE NOTE; PIRACY
4.
Any person who aids or protects pirates or abets the
commission of piracy shall be considered as an
accomplice.
ARTICLE 123
QUALIFIED PIRACY
The penalty of reclusion perpetua to death shall be imposed upon those who
commit any of the crimes referred to in preceding article, under any of the
following circumstances:
1.
2.
3.
Whenever they have seized a vessel by boarding or firing upon the same
Whenever the pirates have abandoned their victims without means of saving
themselves; or
Whenever the crime is accompanied by murder, homicide, physical injuries,
or rape.
TAKE NOTE; QUALIFIED PIRACY
1.
2.
Qualified piracy (i.e. rape, murder, or homicide is
committed as a result or on the occasion of piracy) is
a special complex crime punishable by reclusion
perpetua to death, regardless of the number of
victims.
It is qualified piracy even if the cargo is off-loaded
outside the Philippines.
ARTICLE 122 (as amended by Sec. 3, R.A. No. 7659)
MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Mutiny is the unlawful resistance to a superior officer, or the raising
of commotions and disturbances on board a ship against the
authority of its commander.
Mutiny is usually committed by the other members of the
complement and may be committed by the passengers of the
vessel.
CRIMES AGAINST THE
FUNDAMENTAL LAWS OF
THE STATE
ARTICLES 124 TO ARTICLES 133 ARBITRARY DETENTION –
OFFENDING THE RELIGIOUS FEELINGS
ARTICLE 124
ARBITRARY DETENTION
Any public officer or employee who, without legal grounds, detains a person,
shall suffer:
1.
2.
The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the detention has not exceeded
three days.
The penalty of prision correccional in its medium and maximum periods, if
the detention continued more than three days but not more than
fifteen days.
ARTICLE 124
ARBITRARY DETENTION
Any public officer or employee who, without legal grounds, detains a person,
shall suffer:
3.
4.
The penalty of prision mayor, if the detention has continued for more
than fifteen days but not more than six months; and
That of reclusion temporal, if the detention shall have exceeded six
months.
ARTICLE 124
ARBITRARY DETENTION
The commission of a crime, or violent insanity or any other ailment requiring
the compulsory confinement of the patient in a hospital shall be considered
legal grounds for the detention of any person.
ARBITRARY DETENTION; ELEMENTS
1.
2.
3.
That the offender is a public officer or employee;
That he detains a person;
The detention is without legal grounds
TAKE NOTE (IN RE: ARBITRARY DETENTION)
1.
2.
The public officer or employee must be vested with
authority to detain or order the detention of the
accused of a crime. (e.g. policemen and other agents
of the law; judges or mayors; barangay captain and a
municipal councilor)
If the offender is a private individual, the act of
detaining another is illegal detention; unless he or
she conspired with public officers in detaining a
person.
TAKE NOTE (IN RE: ARBITRARY DETENTION)
3.
Arbitrary detention can be committed through
imprudence. (Arbitrary detention through simple
imprudence)
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSON TO THE
PROPER JUDICIAL AUTHORITY
The penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the period of: 12 hours, for
crimes or offenses punishable by light penalties; 18 hours for crimes or offenses
punishable by correctional penalties; and 36 hours, for crimes or offenses punishable
by afflictive or capital penalties.
In every case, the person detained shall be informed of the cause of his detention and
shall be allowed, upon his request, to communicate and confer at any time with his
attorney or counsel.
ARTICLE 125; ELEMENTS
1.
2.
3.
That the offender is a public officer or employee;
That he has detained a person for some legal ground;
The he fails to deliver such person to the proper
judicial authorities within:
a. 12 Hours – Light Penalties
b. 18 Hours – Correctional Penalties
c. 36 Hours – Afflictive or Capital Penalties
TAKE NOTE (IN RE: ARTICLE 125)
1.
2.
3.
If the offender is a private person, the crime is illegal
detention;
Article 125 applies only when the arrest is made without
a warrant of arrest, but the arrest must be lawful or
based on legal ground.
The delivery to the judicial authority does not consist in a
physical delivery, but in making an accusation or charge
or filing of an information with the corresponding court
or judge.
TAKE NOTE (IN RE: ARTICLE 125)
4.
5.
The term judicial authorities means that court of justice or
judges of said courts vested with judicial power to order
the temporary detention or confinement of a person
charged with having committed a public offense.
Where a judge is not available, the arresting officer is
duty-bound to release a detained person, if the period
provided for under Article 125 has expired.
TAKE NOTE (IN RE: ARTICLE 125)
6.
7.
8.
Non-office days should not be included in the
computation of the period prescribed by law for the filing
of complaint or information in courts. (e.g. election or
holidays)
Violation of Article 125 does not affect legality of
confinement under process issued by the court
The illegality of detention is not cured by the filing of the
information in court.
TAKE NOTE (IN RE: ARTICLE 125)
9.
Detention under RA NO. 11479 (Anti-Terrorism Act of 2020)
Persons suspected of acts of terrorism… may be
detained for 14 calendar days without the law enforcement
agent or military personnel being held criminally liable for
delay in the delivery of detained persons provided that such
agent or personnel has been duly authorized in writing by the
Anti-Terrorism Council.
Written
Authorization
by the ATC to
detain person
suspected of
committing
terrorism –
Secs. 4, 5, 6, 7,
8, 9, 10, 11 and 12
Detain for 14 days
counted from the
moment the said
suspected
person has been
apprehended or
arrested or taken
into custody.
Extension of 10 days:
1.
Necessary to preserve
evidence related to
terrorism
2. Prevent another
commission
3. Investigation is being
conducted properly
and without delay
Immediately
after taking
custody of a
suspected
person – notify
the judge of the
court nearest
the place of
apprehension.
Notice must include:
1.
The time, date,
and manner of
arrest;
2. Location
of
detained
suspects;
3. Physical
and
mental condition
Furnish the ATC
and the CHR of the
written notice given
to the judge.
WAIVER OF THE PROVISIONS OF ART. 125
Before the complaint or information is filed, the person
arrested may ask for a preliminary investigation in
accordance with the Rule, but he must sign a waiver of
the provisions of Art. 125 of the RPC.
VALIDITY OF WAIVER
1.
2.
In writing; and
Signed by such person in the presence of his
competent and independent counsel.
ARTICLE 126
DELAYING RELEASE
The penalties provided for in Article 124 shall be imposed upon any
public officer or employee who (without good reason) delays for the
period specified therein the performance of any judicial or executive
order for the release of a prisoner or detention prisoner, or unduly
delays the service of the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person.
THREE ACTS PUNISHABLE; ARTICLE 126
1.
2.
3.
By delaying the performance of a judicial or executive
order for the release of a prisoner;
By unduly delaying the service of the notice of such
order to the prisoner;
By unduly delaying the proceedings upon any petition
for the liberation of such person.
ARTICLE 127
EXPULSION
The penalty of prision correccional shall be imposed upon any public
officer or employee who, not being thereunto authorized by law, shall
expel any person from the Philippine Islands or shall compel such person
to change his residence.
“Not being authorized thereunto by law”
Only the court by a final judgment can order a person to change
his residence. (e.g. Destierro)
TWO ACTS PUNISHABLE; ARTICLE 127
1.
2.
By expelling a person from the Philippines
By compelling a person to change his residence.
ARTICLE 128
VIOLATION OF DOMICILE
The penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects
found therein without the previous consent of such owner, or having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do
so.
If the offense be committed in the nighttime, or if any papers or effects not
constituting evidence of a crime be not returned immediately after the search
made by the offender, the penalty shall be prision correccional in its medium and
maximum periods.
ACTS PUNISHABLE; ARTICLE 128
1.
2.
3.
By entering any dwelling against the will of the owner
thereof; or
By searching papers or other effects found therein
without the previous consent of such owner; or
By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.
QUALIFYING CIRCUMSTANCES; ARTICLE 128
1.
2.
If the offense is committed at nighttime; or
If any papers or effects not constituting evidence of a
crime are not returned immediately after the search
made by the offender.
TAKE NOTE (IN RE: ARTICLE 128)
1.
If the offender who enters the dwelling against the will
of the owner thereof is a private individual, the crime
committed is trespass to dwelling.
2.
If the public officer searched a person outside his
dwelling without search warrant:
a. Grave Coercion – with violence or intimidation
b. Unjust Vexation – without V/I
ARTICLE 129
SEARCH WARRANT MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY OBTAINED
In addition to the liability attaching to the offender for the commission of any offense,
the penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, and a fine not exceeding 200k shall be imposed upon any public
officer or employee who shall procure a search warrant without just cause, or having
legally procured the same, shall exceed his authority or use unnecessary severity in
executing the same.
PUNISHABLE ACTS; ARTICLE 129
1.
2.
By procuring a search warrant without just cause;
By exceeding his authority or by using unnecessary
severity in executing a search warrant legally
procured.
TAKE NOTE; ARTICLE 129
1.
2.
A search warrant is said to have been procured without just
cause when it appears on the face of the affidavits filed in
support of the application therefor, or through other evidence,
that the applicant had every reason to believe that the search
warrant sought for was unjustified.
The public officers procuring a search warrant without just
cause may also be held liable for perjury if they made a willful
and deliberate assertion of falsehood in the affidavits filed in
support of the application for search warrant.
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
The penalty of arresto mayor in its medium and maximum
periods shall be imposed upon a public officer or employee
who, in cases where a search is proper, shall search the
domicile, papers, or other belongings of any person, in the
absence of the latter, any member of his family, or in their
default, without the presence of two witnesses residing in the
same locality.
TAKE NOTE; ARTICLE 130
1.
2.
Article 130 does not apply to searches of vehicles or
other means of transportation, because the searches
are not made in the dwelling.
The two witnesses must be residing in the same
locality; and be of sufficient age and discretion
(Section 8, Rule 126, ROC)
ARTICLE 131
PROHIBITION, INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
The penalty of PC min, shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the
holding of a peaceful meeting, or shall dissolve the same; or shall hinder
any person from joining any lawful association or from attending any of
its meetings; or shall prohibit or hinder any person from addressing,
either alone or together with others, any petition to the authorities for
the correction of abuses or redress of grievances.
PUNISHABLE ACTS; ARTICLE 131
1.
2.
3.
By prohibiting or by interrupting, without legal ground, the
holding of a peaceful meeting, or by dissolving the same;
By hindering any person from joining any lawful
association or from attending any of its meetings;
By prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
TAKE NOTE; ARTICLE 131
1.
2.
3.
If the offender is a private individual, the crime is tumults
and disturbance of public order defined in Article 153.
The offender must be a stranger, not a participant, in the
peaceful meeting. If he or she is a participant – unjust
vexation (Article 287)
If the meeting of a legislative body is dissolved – crime is
disturbance of proceedings or congress or similar bodies.
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
The penalty of PC min, shall be imposed upon any public
officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
If the crime shall have been committed with violence or
threats, the penalty shall be prision correccional in its medium
and maximum periods.
ARTICLE 132; ELEMENTS
1.
2.
3.
Offender is a public officer or employee;
That religious ceremonies or manifestations of any
religion are about to take place or are going on
The offender prevents or disturbs the same.
The crime is qualified if committed with violence or
threats.
TAKE NOTE; ARTICLE 132
1.
If the offense was committed only in a meeting or rally
of a sect, it will be punishable under Article 131.
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
The penalty of AMAYOR max to PC min, shall be imposed
upon anyone who, in a place devoted to religious worship or
during the celebration of any religious ceremony, shall
perform acts notoriously offensive to the feelings of the
faithful.
ARTICLE 133; ELEMENTS
1.
2.
That the acts complained of were performed (1) in a
place devoted to religious worship; or (2) during the
celebration of any religious ceremony.
That the acts must be notoriously offensive to the
feelings of the faithful.
TAKE NOTE; ARTICLE 133
1.
2.
3.
Religious ceremonies are those religious acts performed outside
of a church, such as processions and special prayers for burying
the dead persons.
Notoriously offensive acts are those directly against religious
practice or dogma or ritual for or attempting to damage an
object or religious veneration.
The construction of fence in front of the chapel, even though
irritating and vexatious to those present in the “pabasa” is not
notoriously offensive to the feelings of the faithful. The crime
committed is only unjust vexation.
TAKE NOTE; ARTICLE 133
3.
4.
5.
The construction of fence in front of the chapel, even though
irritating and vexatious to those present in the “pabasa” is not
notoriously offensive to the feelings of the faithful. The crime
committed is only unjust vexation.
This is the only crime against the fundamental law of the state
that may be committed by a private individual.
There must be deliberate intent to hurt the feelings of the
faithful, mere arrogance or rudeness is not enough.
TAKE NOTE; ARTICLE 133
6.
7.
8.
Offense to feelings is judged from the complainant’s point of
view.
If the act is not directed to the religious belief itself and the act
is not notoriously offensive – UNJUST VEXATION
If the act is not directed to the belief itself and the meeting is
interrupted by a public officer – INTERRUPTION OF RELIGIOUS
WORSHIP.
CRIMES AGAINST PUBLIC
ORDER
ARTICLES 134 to ARTICLES 142 – REBELLION TO INCITING TO
SEDITION
ARTICLE 134
REBELLION OR INSURRECTION
The crime of rebellion or insurrection is committed by rising
publicly and taking arms against the Government for the purpose
of removing from the allegiance to said Government or its laws,
the territory of the Philippine Islands or any part thereof, of any
body of land, naval or other armed forces, depriving the Chief
Executive or the Legislature, wholly or partially, of any of their
powers or prerogatives. (As amended by R.A. 6968).
WHAT IS REBELLION?
The term rebellion is more frequently used where the
object of the movement is completely to overthrow and
supersede the existing government.
WHAT IS INSURRECTION?
The term insurrection 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.
REBELLION; NATURE
It is by nature a crime of masses, of a multitude. It
is a vast movement of men and a complex net of
intrigues and plots.
REBELLION; ELEMENTS
1.
There must be:
a. Public uprising; and
b. Taking arms against the Government;
REBELLION; ELEMENTS
2.
That the purpose of the uprising or movement is either:
a. To remove allegiance to said Government or its laws;
1. The territory of the Philippines or any part thereof;
2. Any body of land, naval or other armed forces;
b. To deprive the Chief Executive or Congress, wholly or
partially any of their powers or prerogatives.
TAKE NOTE; REBELLION
1.
2.
3.
Those merely acting as couriers or spies for the rebels
are also guilty of rebellion.
Actual clash of arms with the forces of the
Government, not necessary to convict the accused
who is in conspiracy with others actually taking arms
against the Government.
Giving aid or comfort is not criminal in rebellion
because it is not an element of rebellion.
TAKE NOTE; REBELLION
4.
5.
6.
The purpose of the uprising must be shown.
The crime is consummated by merely rising publicly
and taking arms against the government for the
purpose of overthrowing the same by force.
Mere silence regarding the presence of rebels despite
knowledge of a rebellion is not punishable.
TAKE NOTE; REBELLION
7.
8.
The Doctrine of absorption provides that acts committed in
furtherance of rebellion, though crimes in themselves (e.g.
murder, arson, robbery, kidnapping, etc.), are deemed absorbed
in one single crime of rebellion.
If the killing, robbing, etc. were accomplished for private
purposes or profit without any political motivation, it has been
held that the crime would be separately punishable as a
common crime and would not be absorbed by the crime of
rebellion.
ARTICLE 134-A
COUP D’ETAT
The crime of coup d'etat is a swift attack accompanied by violence,
intimidation, threat, strategy or stealth, directed against duly constituted
authorities of the Republic of the Philippines, or any military camp or
installation, communications network, public utilities or other facilities
needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or
persons, belonging to the military or police or holding any public office of
employment with or without civilian support or participation for the purpose
of seizing or diminishing state power. (As amended by R.A. 6968).
ELEMENTS; COUP D’ETAT
1.
2.
The offender is a person/s belonging to the Military or
Police or Holding any Public Office or employment;
It is committed by means of a swift attack
accompanied by Violence, Intimidation, Threat,
Strategy, or Stealth.
ELEMENTS; COUP D’ETAT
3.
4.
The attack is directed against duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, communication networks,
public utilities, or other facilities needed for the
exercise and continued possession of power; and
The purpose of the attack is to seize or diminish state
power. (destabilize/paralyze)
ARTICLE 135
PENALTY FOR REBELLION, INSURRECTION AND/OR
COUP D’ETAT
Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.
Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in
its maximum period.
Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion
temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts
and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As
amended by R.A. 6968, approved on October 24, 1990).
WHO ARE LIABLE?
THE LEADERS
1.
2.
Any person who promotes, maintains, or heads a
rebellion or insurrection; and
Any person who leads, directs, or commands others to
undertake a coup d’etat.
WHO ARE LIABLE?
1.
2.
3.
THE PARTICIPANTS
Any person who participates, or executes the commands of
others in rebellion, or insurrection
Any person in the government service who participates, or
executes directions or commands of others in undertaking a
coup d’etat.
Any person not in the government service who participates,
supports, finances, abets, or raids in undertaking a coup d’etat.
TAKE NOTE; ARTICLE 135
1.
2.
Any person who in fact directed the others; spoke for
them; signed receipts and other documents issued in
their name; or performed similar acts, on behalf of the
rebels shall be deemed the leader in case he is
unknown.
A public officer must take active part, to be liable;
mere silence or omission not punishable in rebellion.
TAKE NOTE; ARTICLE 135
3.
4.
5.
A person acting as a mere assistant to a principal is guilty only
as a participant.
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.
Acts committed in furtherance of rebellion are absorbed in
rebellion
TAKE NOTE; ARTICLE 135
6.
Use of a loose firearm is absorbed in rebellion or attempted
coup d’etat
If the acquisition, possession, or use of a loose firearm is in
furtherance of, or incident to, or in connection with the crime of
rebellion or insurrection, or attempted coup d’etat, such violation
shall be absorbed as an element of the crime of rebellion or
insurrection, or attempted coup d’etat (Sec. 29, RA NO. 10591)
TAKE NOTE; ARTICLE 135
7.
Killing, robbing, etc. for private purpose or profit, without any
political motivation, would be separately punished and would
not be absorbed in the rebellion.
ARTICLE 136
CONSPIRAY AND PROPOSAL TO COMMIT COUP D’ETAT,
REBELLION OR INSURRECTION
The conspiracy and proposal to commit coup d’etat shall be
punished by PM min and a fine which shall not exceed 1M pesos.
The conspiracy and proposal to commit rebellion or insurrection
shall be punished respectively, by PC max and a fine which shall not
exceed 1M, and PC med and a fine not exceeding 400K.
ARTICLE 137
DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
The penalty of PC min shall be imposed upon public officers or
employees who have failed to resist a rebellion by all means in
their power, or shall continue to discharge the duties of their
offices under the control of the rebels or shall accept appointment
to the office under them.
The offender must not be in conspiracy with the rebels, otherwise,
he will be guilty of rebellion.
ARTICLE 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS; ARTICLE 138
1.
2.
3.
The offender does not take arms or is not in open
hostility against the Government;
That he incites others to the execution of any of the
acts of rebellion;
That the inciting is done by means of speeches,
proclamations, writings, emblems, banners, or other
representations tending to the same end. (Publicly)
TAKE NOTE; ARTICLE 138
1.
Rebellion should not be committed. If they commit
the rebellion because of the proposal or the inciting,
the one inciting becomes a principal by inducement in
the crime of rebellion.
ARTICLE 139
SEDITION
NATURE; SEDITION
Sedition, in its general sense, is the raising of commotions
or disturbances in the State.
The ultimate object of sedition is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
ELEMENTS; SEDITION
1.
2.
That the offenders rise (1) publicly; and (2)
tumultuously;
That they employ force, intimidation, or other
means outside of legal methods.
ELEMENTS; SEDITION
3.
Attain the following objects:
a.
To prevent the promulgation or execution of any law or the
holding of any popular election;
To prevent the National Government, or any provincial or
municipal gov’t, or any public officer thereof from freely
exercising its or his functions, or prevent the execution of
any administrative order.
b.
ELEMENTS; SEDITION
c.
d.
e.
To inflict any act of hate or revenge upon the person or
property of any public officer or employee;
To commit, for any political or social end, any act of hate or
revenge against private persons or any social class; and
To despoil, for any political or social end, any person,
municipality or province, or the National Government of all its
property or any part thereof.
ARTICLE 140
PENALTY FOR SEDITION
PERSONS LIABLE; SEDITION
1.
2.
The leader of the sedition; and
Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY (ONLY) TO COMMIT SEDITION
ARTICLE 142
INCITING TO SEDITION
ACTS OF INCITING SEDITION
1.
2.
Inciting others to the accomplishment of any of the
acts which constitute sedition by means of speeches,
proclamations, writings, emblems, cartoons, banners,
or other representations tending to the same end.
Uttering seditious words or speeches which tend to
disturb the public peace.
ACTS OF INCITING SEDITION
3.
Writing, publishing, or circulating scurrilous (vulgar,
mean or foul) libels against the Government or any of
the duly constituted authorities thereof, or which tend
to disturb the public peace.
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
ELEMENTS; ARTICLE 143
1.
2.
That there be a projected or actual meeting of
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.
That any person prevents such meeting by force or
fraud.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS; ARTICLE 144
1.
2.
3.
That there be a meeting of 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.
That he (offender) disturbs any of such meeting;
That he (offender) behaves while in the presence of any such
bodies in such a manner as to interrupt its proceedings or to
impair the respect due it.
ARTICLE 146
ILLEGAL ASSEMBLIES
ILLEGAL ASSEMBLIES
1.
2.
Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the Code.
Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or assault
upon a person in authority or his agents (direct
assault)
PERSONS LIABLE; ARTICLE 146
1.
2.
The organizers or leaders of the meeting;
Persons merely present at the meeting (with common
intent to commit the felony of illegal assembly)
ARTICLE 147
ILLEGAL ASSOCIATIONS
ILLEGAL ASSOCIATIONS
1.
2.
Associations totally or partially organized for the
purpose of committing any of the crimes punishable
under the Code;
Associations totally or partially organized for some
purpose contrary to public morals.
PERSONS LIABLE; ARTICLE 147
1.
2.
Founders, directors and president of the associations;
Mere members of the association.
ARTICLE 148
DIRECT ASSAULT
TWO WAYS OF COMMISSION; ARTICLE 148
1.
Without public uprising, by employing force or intimidation for
the attainment of any of the purposes enumerated in defining
the crimes of rebellion and sedition.
2.
Without public uprising, by attacking, by employing force, or by
seriously intimidating or seriously resisting any person in
authority or any of his agents, while engaged in the
performance of official duties, or on the occasion of such
performance.
ELEMENTS; SECOND MODE OF DA
1.
2.
3.
That the offender makes an attack; employs force; makes a
serious intimidation; or makes a serious resistance.
That the person assaulted is a PIA or his agent
That at the time of the assault the PIA/A is engaged in the
actual performance of official duties; or that he is assaulted by
reason of the past performance of official duties.
ELEMENTS; SECOND MODE OF DA
4.
5.
That the offender knows that the one he is assaulting is a PIA/A
in the exercise of his duties.
No public uprising
TAKE NOTE; DA SECOND MODE




If the offended party is only an A-PIA the force employed must
be of serious character as to indicate determination to defy
the law and its representative at all hazards.
Hitting a policeman in the breast with a fist is not direct assault.
Pushing a policeman and giving him fist blows without hitting
him is not direct assault. (Resistance to an A-PIA)
The force employed need not be serious when the offended
party is a PIA, hence, laying hands (slap on the face striking the
left ear) upon a PIA while in the performance of his official
duties constitutes direct assault.
TAKE NOTE; DA SECOND MODE



The intimidation or resistance must be serious whether the
offended party is an A/PIA.
The resistance must be grave, it must be an active resistance.
The intimidation must produce its effect immediately, for if the
threats be of some future evil, the act would not be an assault.
WHO IS A PERSON IN AUTHORITY?
Any person directly with jurisdiction (power to govern and
execute the laws), whether as an individual or as a member of
some court or governmental corporation, board, or commission,
shall be deemed a person in authority.
A barangay captain/chairman shall also be deemed a PIA.
ARE TEACHERS PIA?
Teachers and professors, and persons charged with the
supervision of public or duly recognized private schools, colleges,
and universities, and lawyers in the actual performance of their
professional duties or on the occasion of such performance shall
be deemed persons in authority.
WHO IS AN AGENT OF A PERSON IN AUTHORITY?
An agent of a person in authority is one who, by direct
provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the
protection and security of life and property, such as a barrio
councilman and barrio policeman and barangay leader, and any
person who comes to the aid of PIA.
TAKE NOTE; DA



When the persons in authority or their agents descended to
matters which are private in nature, an attack made by one
against the other is not direct assault.
When a PIA/A is the one who provokes and attacks another
person, the latter is entitled to defend himself and cannot be
held liable for assault or resistance nor physical injuries
because he acts in self-defense.
The accused must have knowledge that the offended party was
a PIA/A in the exercise of his duties
TAKE NOTE; DA

The crime of slight physical injuries is absorbed in DA
ARTICLE 148
QUALIFIED DIRECT ASSAULT
QUALIFIED; DA
1.
2.
3.
When the assault is committed with a weapon; or
When the offender is a public officer or employee; or
When the offender lays hands upon a person in authority.
ARTICLE 149
INDIRECT ASSAULT
ELEMENTS; ARTICLE 149
1.
2.
3.
That a PIA/A is the victim of any of the forms of direct assault.
That a person comes to the aid of such PIA/A
That the offender makes use of force or intimidation upon such
person coming to the aid of the PIA/A.
TAKE NOTE; ARTICLE 149
1.
2.
Indirect assault can be committed only when a direct assault is
also committed.
The offended party in IA may be a private person.
ARTICLE 151
RESISTANCE AND DISOBEDIENCE TO A PIA/A
ELEMENTS; ARTICLE 151 (par. 1)
1.
2.
3.
That a PIA/A is engaged in the performance of official duty or
gives lawful order to the offender.
That the offender resists or seriously disobeys such person in
authority or his agent;
That the act of the offender is not included in the provisions of
Article 148, 149, & 150.
TAKE NOTE; ARTICLE 151
1.
2.
The disobedience contemplated consists in the failure or
refusal to obey a direct order from the PIA/A.
The accused must have knowledge that the person arresting
him is a PIA/A who is actually engaged in the performance of
his official duties.
ELEMENTS; ARTICLE 151 (par. 2 SIMPLE DISOBEDIENCE)
1.
2.
3.
That an Agent is engaged in the performance of official duty or
gives lawful order to the offender;
That the offender disobeys such agent.
That such disobedience is not of serious nature.
TAKE NOTE; ARTICLE 151
1.
2.
3.
The act of lying on the road and refusing, despite the order of
the Agent, to get out therefrom constitute the crime of simple
disobedience.
The order given must be lawful; otherwise the resistance is
justified.
Resisting arrest without intent to defy the law and its
representative at all hazard is simple resistance, but resisting
arrest with intent to defy the law and its representative at all
hazards is direct assault.
ARTICLE 153
TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER
TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
1.
2.
3.
4.
5.
Causing any serious disturbance (planned or intended) in a
public place, office or establishment;
Interrupting or disturbing performances, functions, or
gatherings, or peaceful meetings.
Making any outcry (unconscious/unintentionally) tending to
incite rebellion or sedition in any meeting, association or public
place.
Displaying placards or emblems which provoke a disturbance
of public order in such place.
Burying with pomp the body of a person who has been legally
executed.
TAKE NOTE; ARTICLE 153
1.
2.
3.
OUTCRY means to shout subversive or provocative words
tending to stir up the people to obtain by means of force or
violence any of the objects of rebellion or sedition.
TUMULTUOUS (QUALIFYING)– caused by more than three
persons who are armed or provided with means of violence.
If the disturbance is slight and not serious, the crime
committed is alarm and scandals.
ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION
AND UNLAWFUL UTTERANCES
PUNISHABLE ACTS; ARTICLE 154
1.
Publishing or causing to be published, by means of printing,
lithography or any other means of publication as news, any
False news which may endanger the public order, or cause
damage to the interest or credit of the State;
2.
Encouraging disobedience to the law or to the constituted
authorities or by praising, justifying or extolling any act
punished by law, by the same means or by words, utterances
or speeches..
PUNISHABLE ACTS; ARTICLE 154
3.
4.
Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before
they have been published officially.
Printing, publishing, or distributing or (causing the same) books,
pamphlets, periodicals or leaflets which do not bear the real
printer’s name or which are classified as Anonymous
TAKE NOTE; ARTICLE 154 (IN RE: PUBLICATION)
1.
2.
It is not necessary that the publication of the false news
actually caused public disorder or caused damage to the
interest or credit of the State. The mere possibility of causing
such danger or damage is sufficient.
The offender must know that the news is false.
ARTICLE 155
ALARMS AND SCANDALS
PUNISHABLE ACTS; ARTICLE 155
1.
Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, calculated to cause alarm or
danger.
2.
Instigating or taking an active part in any chivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility.
PUNISHABLE ACTS; ARTICLE 155
3.
Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusements.
4.
Causing any disturbance or scandal in public place while
intoxicated or otherwise, provided Article 153 (serious nature)
is not applicable.
TAKE NOTE: IN RE: 1ST MODE




The discharge of the firearm should not be aimed at a person;
otherwise, the offense would fall under the Article 254
(Discharge of Firearm)
It is the result, not the intent, that counts. The act must
produce alarm or danger as a consequence.
The discharge of any firearm, rocket, etc., in one’s garden or
yard located in the town is punished under Article 155, as long
as it produced alarm or danger.
Discharge firecrackers during fiestas is not covered.
TAKE NOTE; IN RE: CHIVARI

Chivari includes a medley of discordant voices, a mock
serenade of discordant noises made on kettles, tins, horns, etc.
designed to annoy and insult.
ARTICLE 156
DELIVERING PRISONERS FROM JAIL
ELEMENTS; ARTICLE 156
1.
2.
That there is a person confined in a jail or penal establishment;
That the offender (any person) removes therefrom such
person, or helps the escape of such person.
TAKE NOTE; ARTICLE 156
1.
2.
3.
4.
Prisoner may be under detention only.
Hospital or asylum considered extension of jail or prison.
Offender may be an outsider; an employee of the penal
establishment who does not have the custody or charge of
such person; or another prisoner.
If the offender is a public officer who the prisoner in his
custody or charge, he is liable for infidelity in the custody of a
prisoner (Article 223)
TAKE NOTE; ARTICLE 156
5.
6.
7.
Violence, intimidation or bribery are not elements of the
offense.
The person, who substituted for a prisoner by taking his place
in jail in liable under Article 156. The removal is by other means,
that is, by deceit.
If the prisoner removed or whose escape is made possible by
the commission of the crime of DPFJ is a DETENTION
PRISONER, such prisoner is not criminally liable.
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
ELEMENTS; ARTICLE 157
1.
2.
3.
That the offender is a convict by final judgment;
That he is serving his sentence which consists in deprivation of
liberty.
That he evades the service of his sentence by escaping during
the term of his sentence.
TAKE NOTE; ARTICLE 157
1.
2.
Not applicable to sentence executed by deportation because
the convict was not sentenced to imprisonment.
Article 157 is applicable to sentence of Destierro (deprivation of
liberty);
QUALIFYING CIRCUMSTANCES
If such evasion or escape takes place:
1.
2.
3.
4.
By means of unlawful entry (climbing or scaling the wall)
By breaking doors, windows, gates, walls, roofs or floors;
By using picklocks, false keys, disguise, deceit, violence or
intimidation; or
Through connivance with other convicts or employees of the
penal institution.
ARTICLE 158
EVASION OF SERVICE OF SENTENCE ON THE OCCASION
OF DISORDERS, CONFLAGRATION, EARTHQUAKES OR
OTHER CALAMITIES
ELEMENTS; ARTICLE 158
1.
2.
That the offender is a convict by final judgment, who is
confined in a penal institution.
That there is disorder, resulting from: conflagration, earthquake,
explosion, similar catastrophe, or mutiny in which he has not
participated.
ELEMENTS; ARTICLE 158
3.
4.
The offender evades by leaving the penal institution on the
occasion of such disorder or during the mutiny
The offender fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the CE
announcing the passing away of such calamity.
TAKE NOTE
1.
2.
3.
LEAVING WITHOUT RETURNING- 1/5 addition to the remaining
sentence which should not be more than 6 months.
STAYED – 2/5 deduction from sentence
LEAVING AND THEREAFTER RETURNING WITHIN 48 HOURS – 1/5
deduction from his sentence.
ARTICLE 159
OTHER CASES OF EVASION OF SERVICE OF SENTENCE
ELEMENTS
1.
2.
3.
The offender was a convict
He was granted a conditional pardon by the Chief Executive
He violated any of the conditions of such pardon
TAKE NOTE
1.
2.
If the remitted portion of the sentence is less than 6 years or
up to 6 years, there is an added penalty of PC min.
If the remitted portion of the sentence exceeds 6 years, the
offender shall suffer the unexpired portion of his original
sentence. (No additional sentence will be imposed)
ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE.
ELEMENTS; QUASI-RECIDIVISM
1.
2.
The offender was already convicted by final judgment of one
offense
The he committed a new felony before beginning to serve such
sentence or while serving the same.
TAKE NOTE
1.
2.
3.
4.
The second crime must be a felony
But the first crime for which the offender is serving sentence
need not be a felony.
The new offense need not be of different character from that of
the former offense
Quasi-recidivism does not require that the two offenses are
embraced in the same title of the Code.
CRIMES AGAINST
PERSONAL LIBERTY AND
SECURITY
ARTICLE 267 TO ARTICLE 292 KIDNAPPING AND SERIOUS
ILLEGAL DETENTION– REVEALING OF INDUSTRIAL SECRETS
ARTICLE 267
KIDNAPPING AND SERIOUS ILLEGAL DETENTION
ELEMENTS
1.
2.
3.
4.
The offender is a private individual
He kidnaps or detains another, or in any other manner deprives
the latter of his liberty
That the act of K/D must be illegal
Any of the following circumstance is present:
a. K/D lasts for more than 3 days
b. Committed simulating public authority
c. Serious PI are inflicted or threats to kill are made
d. Victim is a minor, female, or a public officer.
TAKE NOTE
1.
2.
3.
If the offender is a public officer (duty to detain), the crime is
arbitrary detention.
The essence of kidnapping is the actual deprivation of the
victim’s liberty (forcibly/fraudulently), coupled with indubitable
proof of the intent of the accused to effect such deprivation.
The fact that the victim voluntarily went with the accused did
not remove the elements of deprivation of liberty because the
victim went with the accused on false inducement without
which, the victim would not have done so.
TAKE NOTE
4.
5.
6.
The fact that the victim voluntarily went with the accused did
not remove the elements of deprivation of liberty because the
victim went with the accused on false inducement without
which, the victim would not have done so.
If the alleged victim had the freedom to leave the premises, the
crime of illegal detention cannot rise because there was no
deprivation of liberty.
Where the victim is of tender age, it is not necessary that the
victim be placed in an enclosure. It is enough that his freedom
to leave the place is restricted.
IMPOSITION OF THE MAXIMUM PENALTY
The penalty of RP without possibility of parole shall be imposed:
1.
2.
3.
4.
Purpose is to extort ransom (not necessary that there be
actual payment)
When the victim is killed or dies as a consequence of the
detention;
The victim is raped
When the victim is subjected to torture or dehumanizing acts.
SPECIAL COMPLEX CRIMES RELATED TO KIDNAPPING
1.
KIDNAPPING WITH HOMICIDE
Homicide here is used in its generic sense which includes
homicide or murder because killing is not a crime but a qualifying
circumstance. Thus, there is NO KIDNAPPING WITH MURDER
Kidnapping with Homicide will still prosper even the person is
killed in the course of detention, regardless of whether the killing
is sought or was merely an afterthought.
SPECIAL COMPLEX CRIMES RELATED TO KIDNAPPING
2.
KIDNAPPING WITH RAPE
Includes regardless of how many counts of rape were
committed by the accused.
The taking of the kidnap victim here should not be with lewd
design and rape happened after depriving the person of his
liberty. Otherwise, the crime committed is forcible abduction with
rape.
KIDNAPPING CF GRAVE COERCION
If there’s no confinement or lock-up, the crime is grave coercion.
ARTICLE 268
SLIGHT ILLEGAL DETENTION
ELEMENTS
1.
2.
3.
4.
Offender is a private individual;
He kidnaps or detains another, or in any other manner deprives
him of his liberty;
The act of kidnapping or detention is illegal; and
The crime is committed without the attendance of any of the
circumstances enumerated in Art. 267.
PRIVILEGED MITIGATING CIRCUMSTANCE (1 DEGREE)
1.
2.
3.
Offender voluntarily releases the person so kidnapped or
detained within 3 days from the commencement of the
detention;
Without having attained the purpose intended; and
Before the institution of criminal proceedings against him for
slight illegal detention.
NOTE: It must be shown that the offender was in a position to
prolong the detention for more than 3 days and yet he released
the person detained within that time.
ARTICLE 269
UNLAWFUL ARREST
ELEMENTS
1.
2.
3.
Offender Arrests or detains another person;
The purpose of the offender is to deliver him to the proper
authorities; and
The arrest or detention is not authorized by law or there is no
reasonable ground therefor.
TAKE NOTE
1.
2.
This crime is committed by a private individual or public officer
without authority to arrest and detain a person, or if he did not
act in his official capacity, otherwise the crime committed is
arbitrary detention
If committed by a public officer who has authority to arrest and
detain a person – ARBITRATY DETENTION
TAKE NOTE
3.
4.
If the purpose of locking up or detaining the victim is other than
to deliver him to proper authorities – OTHER ILLEGAL
DETENTION
If a woman is transported from one place to another by virtue
of restraining her of her liberty and the act is coupled with lewd
designs – FORCIBLE ABDUCTION
ARTICLE 270
KIDNAPPING AND FAILURE TO RETURN A MINOR
ELEMENTS
1.
2.
Offender is entrusted with the custody of a minor person; and
He deliberately fails to restore the minor to his parents or
guardians.
TAKE NOTE
1.
2.
Father or mother living separately and has no custody of the
child may commit this crime.
The essential element which qualifies crime of kidnapping a
minor under this article is that the offender is entrusted with
custody of a minor.
ARTICLE 271
INDUCING A MINOR TO ABANDON HIS HOME
ELEMENTS;
1.
2.
The minor is living in the home of his parents or guardian or the
person entrusted with his custody
That the offender induces said minor to abandon such home.
TAKE NOTE
1.
2.
3.
4.
The phrase “to induce” means “to influence; to prevail on; to
move by persuasion; to incite by motives.”
The felony is consummate by the mere act of inducing a minor
to abandon his home with criminal intent and with a will to
cause damage.
Father or mother living separately and has no custody of the
child may commit this crime.
If the minor would leave his home of his own free will and would
go and live with another person, the latter is not criminally
liable.
ARTICLE 272
SLAVERY
ELEMENTS
1.
2.
The offender purchases, sells, kidnaps or detains a human
being; and
The purpose of the offender is to enslave such human being
AGGRAVATING CIRCUMSTANCES
1.
If the crime is committed for the purpose of assigning the
offended party to immoral traffic (prostitution)
TAKE NOTE
1.
2.
The purpose must be determined, if the purpose if to enslave
the victim, it is slavery; otherwise, it is kidnapping or illegal
detention.
Employment or consent of minor with consent of parent or
guardian although against child’s own will is NOT INVOLUNTARY
SERVITUDE. But if the defendant was obliged to render service
without remuneration whatever and to remain there as long as
she has not paid her debt, there is slavery.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
ELEMENTS
1.
2.
3.
That the offender retains a minor in his service;
That it is against the will of the minor; and
That it is under pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of such minor.
NOTE: If the minor consents to the offender’s retaining his
services, there is no violation of this article.
ARTICLE 274
SERVICES RENDERED UNDER COMPULSION IN PAYMENT
OF DEBT
ELEMENTS
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 debt.
TAKE NOTE
1.
2.
Creditor–debtor relationship between the offender and the
offended party must exist, otherwise, the crime committed is
coercion.
If a person is compelled by the accused to work for him as
office janitor to enforce payment of debt, there will be no
violation of this article. It specifically provides that the debtor
is compelled to work as household servant o farm laborer.
ARTICLE 275
ABANDONMENT OF PERSON IN DANGER
ABANDONMENT OF ONE’S OWN VICTIM
AND
PUNISHABLE ACTS
1.
2.
3.
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.
By failing to help or render assistance to another whom the
offender has Accidentally wounded or injured
By failing to Deliver a child under seven years of age whom the
offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place.
ELEMENTS; PAR 1
1.
2.
3.
4.
5.
The accused Finds a person wounded or in danger of dying;
The accused found such person in an Uninhabited place;
The accused can Render assistance without detriment to
himself;
Such Omission to render assistance does not constitute a
more serious felony; and
Failure to help or render assistance to somebody whom the
accused has accidentally wounded.
TAKE NOTE
1.
“Uninhabited Place” is determined by the 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.
ELEMENTS; PAR. 2
1.
2.
The accused accidentally wounded or injured another; and
He failed to help or render assistance to his victim;
TAKE NOTE:
If a person “intentionally” stabs or shoots another who is
wounded and does not render him assistance, the person is not
liable under this article. (PI/Homicide)
ELEMENTS; PAR. 3
1.
2.
3.
The accused Finds an “abandoned” child;
The said abandoned child is under seven (7) years of age; and
The accused Failed to deliver such child to the authorities or
his family or shall fail to take him to a safe place.
TAKE NOTE:
The child under seven (7) years of age must be found in
unsafe place and it is immaterial that the offender did not know
that the child is under seven years.
ARTICLE 276
ABANDONING A MINOR
ELEMENTS
1.
2.
3.
4.
The offender has the Custody of a child;
A child is under 7 years of age;
He Abandons such child; and
He has No intent to kill the child when the latter is abandoned.
QUALIFYING CIRCUMSTANCES
1.
2.
When the death of the minor shall result from such
abandonment; or
If the life of the minor shall have been in danger because of the
abandonment.
TAKE NOTE
1.
2.
Abandonment is not momentary leaving of a child. The act but
must be conscious, deliberate, and permanent.
If there is intent to kill and the child dies, the crime would be
murder, parricide, or infanticide, as the case may be. If the child
does not die, it is attempted or frustrated murder, parricide or
infanticide, as the case may be.
TAKE NOTE
3.
4.
If the intent in abandoning the child is to lose its civil status, the
crime under Art. 347 (concealment or abandonment of a
legitimate child) is committed.
If the offender is the parent of the minor who is abandoned, he
shall be deprived of parental authority.
ARTICLE 277
ABANDONMENT OF MINOR BY PERSON ENTRUSTED
WITH HIS CUSTODY; INDIFFERENCE OF PARENTS
PUNISHABLE ACTS
1.
2.
By 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.
By neglecting his (offender’s) children by not giving them the
education which their station in life requires and financial
condition permits (Indifference of Parents).
ELEMENTS; PAR. 1
1.
2.
3.
Offender has Charge of the rearing or education of a minor;
He delivers said minor to a Public institution or other persons;
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.
TAKE NOTE:
When the offender is not in charge of rearing or education of
the minor, he cannot be held liable for Art. 277(1).
ELEMENTS; PAR. 2
1.
2.
3.
The offender is a Parent;
He Neglects his children by not giving them education;
His station in life requires such Education and his financial
condition permits it.
TAKE NOTE:
1.
2.
Failure to give education must be due to deliberate desire to evade such
obligation.
Obligation to educate children terminates, if mother and children refuse
without good reason to live with accused.
ARTICLE 278
EXPLOITATION OF MINORS (NATURE: ENDANGER THE
LIFE AND SAFETY OF THE MINOR)
PUNISHABLE ACTS
1.
2.
3.
By causing any boy or girl less than 16 years of age to perform
any dangerous feat of Balancing, physical strength, or
contortion, the offender being any person;
By employing in exhibition of these kinds children less than 16
years of age who are not his children or descendants, when
such person is an Acrobat, gymnast, rope-walker, diver, wildanimal tamer or circus manager, or engaged in a similar calling;
Any person engaged in any of the calling enumerated in the
next preceding paragraph who employs any descendants of his
under 12 years of age in such dangerous exhibitions;
PUNISHABLE ACTS
4.
5.
Any Ascendants, guardian, teacher or person entrusted in any
capacity with the care of a child less than 16 years of age, who
shall deliver such child gratuitously to any person following any
of the callings enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar; and
Any person who shall Induce 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 of the calling
mentioned in paragraph 2 hereof, to accompany any habitual
vagrant or beggar.
QUALIFYING CIRCUMSTANCES; IN RE PAR. 4
1.
If the delivery of the child is made in consideration of any price,
compensation or promise, the penalty is higher.
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS
1.
2.
3.
Offender is a Private person;
He Enters the dwelling of another; and
The entrance is against the latter’s Will.
TAKE NOTE
QUALIFYING CIRSUMSTANCE: If committed by means or
violence/intimidation
TRESPASS COMMITTED BY VIOLENCE/INTIMIDATION
1.
2.
Pushing the door violently and maltreating the occupants after
entering.
Firing a revolver in the air by persons attempting to force their
way into a house.
TAKE NOTE


“Dwelling place” as used in this articles means any building or
structure exclusively devoted for rest and comfort, as
distinguished from places devoted to business offices, etc.
Whether a building is a dwelling house or not depends upon the
use to which it is put.
“Against the will of the owner” It is necessary that the entry is
against the implied or express prohibition of the occupant, and
the lack of permission (or consent) should not be confused
with prohibition.
TAKE NOTE




There is an implied prohibition when entrance is made through
means not intended for ingress.
In general, all members of a household must be presumed to
have authority to extend invitation to enter the house.
Prohibition, not necessary when violence or intimidation is
employed by the offender.
Trespass may be committed by the owner of a dwelling.
CASES WHERE ARTICLE 280 DOES NOT APPLY
1.
2.
3.
4.
If the entrance to another’s dwelling is for the purpose of
preventing some serious harm to himself, or the occupants of
the dwelling, or a third person;
If the purpose is to render some service to humanity or justice;
If the place where the entrance is made is a café, tavern, inn, or
other public house while the same is open; and
Hot pursuit of a person who has committed a crime.
OTHER POSSIBLE CRIMES
1.
2.
Violation of Domicile – if committed by a public officer.
If a person was killed after trespass by the offender, the
following crimes are committed:
a.
Separate Crimes of Homicide or Murder and Qualified Trespass
to Dwelling - if offender had no intent to kill when he entered;
b.
Homicide or Murder with Dwelling as Aggravating Circumstance
– if offender had intent to kill when he entered.
ARTICLE 281
OTHER FORMS OF TRESPASS
ELEMENTS
1.
2.
3.
4.
Offender (ANY PERSON) enters the Closed premises or the fenced estate
of another;
Entrance is made while either of them is Uninhabited;
The prohibition to enter is Manifest; and
Trespasser has not Secured the permission of the owner or caretaker
thereof.
ARTICLE 282
GRAVE THREATS
PUNISHABLE ACTS
1.
2.
3.
By threatening another person with the infliction upon the latter’s family
of any wrong amounting to a crime and there is a demand for money or
that any other Condition is imposed, even though not unlawful and the
offender attains his purpose.
By making such threat without the offender attaining his Purpose.
By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the
threat Not being subject to a condition. (SERIOUS AND DELIBERATE)
ELEMENTS; OFFENDER ATTAINED HIS PURPOSE
1.
2.
3.
4.
That the offender Threatens another person with the inflictions
upon the latter’s person, honor, or property, or upon that of the
latter’s family, of any wrong.
That such wrong amounts to a Crime.
That the there is demand for money or that any other
Condition is imposed, even though not unlawful.
That the offender attains his Purpose.
TAKE NOTE




Aggravating circumstances: (1) if made in writing or (2) made
through a middleman.
The crime is frustrated if the threat was not received by the
person being threatened.
Threats which ordinarily are grave threats, if made in the heat
of anger, may be “Other Light Threats”.
Grave threats may be committed by indirect challenge to a gun
fight, even if complainant was absent when challenge was
made; it is sufficient that threats came to knowledge of
offended party.
TAKE NOTE


Threats made in connection with the commission of other
crimes are absorbed by the latter.
The offender in grave threats does not demand the delivery on
the spot of the money or other personal property asked by
him, otherwise it would constitute Robbery with Intimidation.
ARTICLE 283
LIGHT THREATS
ELEMENTS
1.
2.
3.
4.
The offender makes a Threat to commit a wrong;
The wrong does not constitute a Crime;
There is demand for money or that other Condition is imposed,
even though not unlawful; and
The offender has attained Or has not attained his purpose.
TAKE NOTE


Blackmail may be punished under Art. 283.
Light threat is committed in the same manner as grave threats,
except that the act threatened to be committed should not be
a crime.
ARTICLE 284
BOND FOR GOOD BEHAVIOR
REQUIRED TO GIVE BAIL BOND
1.
2.
In all cases of grave threats and light threats, the person making
the threats may also be required to give bail not to molest the
person threatened.
If he shall fail to give such bail not to molest the person
threatened, he shall be sentenced to Destierro
ARTICLE 285
OTHER LIGHT THREATS
PUNISHABLE ACTS
1.
2.
3.
By threatening another with a Weapon, or draw such weapon in
a quarrel, unless it be in lawful self-defense;
By orally threatening another, in the heat of Anger, with some
harm constituting a crime, and who by subsequent acts shows
that he did not persist in the idea involved in his threat;
By Orally threatening to do to another any harm not
constituting a felony.
TAKE NOTE:

Where the threats are directed to a person who is absent and
uttered in temporary fit of anger, the offense is only light
threats.
ARTICLE 286
GRAVE COERCIONS
ELEMENTS
1.
2.
3.
That a person Prevented another from doing something not
prohibited by law, or he compelled him to do something
against his will, be it right or wrong;
That the prevention or compulsion be effected by Violence,
threats or intimidation; and
The person who restrained the will and liberty of another had
no Authority of law or the right to do so, or, in other words, that
the restraint shall not be made under authority of law or in the
exercise of any lawful right.
TWO WAYS OF COMMITTING GC
1.
2.
By preventing another by means of violence, threats or
intimidation from doing something not prohibited by law; or
By compelling another by means of violence to do something
against his will, whether it is right or wrong.
TAKE NOTE


The offender must have exerted violence on his victim at the
very moment that the latter is doing or is about to do
something he wanted to do. If the offended party had already
done what he wanted to do, and the threat or intimidation was
exerted only after he has done what he wanted, the crime is
only unjust vexation.
The taxi driver who threatened to bump his car to kill himself
and his female passenger if she would not go with him to night
club is guilty of grave coercion.
QUALIFYING CIRCUMSTANCES
1.
2.
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.
OTHER POSSIBLE CRIMES; PREVENTING
1.
2.
3.
Interruption of Religious Worship (Art. 132) – if the public officer
prevents by means of violence or threatens the ceremonies or
manifestations of any religion.
Acts tending to prevent the meeting of the Assembly and
similar bodies (Art. 143) – if a person who, by force, prevents
the meeting of a legislative body.
Violation of Parliamentary Immunity (Art. 145) – if a person who
shall use force or intimidation prevents any member of the
Congress from attending the meetings thereof, expressing his
opinions, or casting his vote.
OTHER POSSIBLE CRIMES; COMPELLING
1.
2.
Expulsion (Art. 127) – if a public officer who, not being
authorized by law, compels a person to change his residence.
Kidnapping for ransom (Art. 267) – if the debtor was compelled
to pay his because in effect, there is a demand for payment
that releases from captivity.
ARTICLE 287
LIGHT COERCIONS
ELEMENTS
1.
2.
3.
4.
The offender must be a Creditor;
He Seizes anything belonging to his debtor;
The seizure is Accomplished either: by means of violence, or a
display of material force producing intimidation; and
The Purpose is to apply the same to the payment of the debt.
TAKE NOTE


There is no light coercion where the accused seized the
property of which he is a co-owner and which was in the
possession of the debtor.
If a creditor, by means of violence, seized the personal property
of his debtor to apply the same to the payment of the debt,
the crime is light coercion under Art. 287; but if the same was
done through deceit and misrepresentation, it is merely unjust
vexation
ARTICLE 287 PAR. 2
UNJUST VEXATION
UNJUST VEXATION DEFINED
It is a form of light coercion which is broad enough to include any
human conduct which, although not productive of some physical
or material harm, would unjustly annoy or irritated an innocent
person.
The offender’s act must have caused annoyance, irritation,
vexation, torment, distress or disturbance to the mind of the
person whom it is directed. Good faith is a defense in unjust
vexation.
TAKE NOTE; UNJUST VEXATION



There is no violence or intimidation in unjust vexation.
A man who kissed a girl and held her tightly to his
breast is guilty of unjust vexation
The touching of the private parts of a woman out of
curiosity is unjust vexation.
ARTICLE 290
DISCOVERING SECRETS
CORRESPONDENCE
THROUGH
SEIZURE
OF
ELEMENTS
1.
2.
3.
4.
The Offender is a private individual or even a public officer not
in the exercise of his official functions;
He Seizes the letters or papers of another;
Purpose of such seizure is to Discover the secrets of another
person; and
Offender is informed of the Contents of the letters seized.
Qualifying Circumstance: Offender reveals the contents of such
paper or letter of another to another person.
ARTICLE 291
REVEALING SECREST WITH ABUSE OF OFFICE
ELEMENTS
1.
2.
3.
The offender is a Manager, employee, or servant;
He Learns the secrets of his principal or master; and
He Reveals such secrets.
ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
ELEMENTS
1.
2.
3.
4.
The offender is a person In-charge, employee or workman of a
manufacturing or industrial establishment;
The manufacturing or industrial establishment has a Secret of
the industry which the offender has learned;
The offender Reveals said secrets; and
Prejudice is caused to the owner.
CRIMES AGAINST
PERSONS
ARTICLES 246 TO 266A PARRICIDE TO RAPE
ARTICLE 246
PARRICIDE
ELEMENTS
1.
2.
3.
A person is killed;
The deceased is killed by the accused; and
The deceased is the Father, Mother, or Child, legitimate or
illegitimate, or a Legitimate other Ascendant, or other
Descendants, or the Legitimate Spouse, of the accused.
TAKE NOTE:


The law mentions “father, mother, or child, whether legitimate
or illegitimate.” As a rule, only relatives by blood may be
legitimate or illegitimate. On the other hand, the “ascendants or
descendants” must be legitimate. They, too, must be relatives
by blood.
Adoptive father, adopted son, father-in-law, and son-in-law
are, thus, not included in the provision.
TAKE NOTE:


The rule of conspiracy that the act of one is the act of all does
not apply here because of the personal relationship of the
offender and the offended party. Hence, a stranger who
cooperates is not liable for parricide but rather for murder or
homicide as the case may be.
The law does not require that the offender has knowledge of
such relationship; the fact of having such is enough to convict
him with the crime of parricide
TAKE NOTE:



In cases of parricide, if the deceased is either the father,
mother, or the child of the accused, proof of legitimacy is not
required.
Killing of grandparent or grandchild should be legitimate for the
accused to be charged with the crime of parricide. Otherwise,
it should be homicide or murder.
Killing of a brother/sister or any relative who has collateral
relationship with the accused does not include in the definition
of parricide.
TAKE NOTE:



The deceased child must not be less than three days old,
otherwise, the crime is infanticide.
In the killing of the spouse, there must be a valid subsisting
marriage at the time of killing. Hence, the killing of an
illegitimate spouse is not parricide.
There is no parricide if he kills his other wives although
recognized as valid marriage under Muslim laws. Only the killing
of his first wife will prosper as parricide.
TAKE NOTE:


Even if the marriage between petitioner and respondent is
annulled, petitioner could still be held criminally liable since at
the time of the commission of the alleged crime, he was still
married to respondent.
Husband, who, while struggling for the possession of the gun
with his children, without intent to kill anyone, pulled the trigger
of the gun which exploded and hit his wife who was
approaching them, is guilty of parricide through reckless
imprudence.
ARTICLE 247
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
REQUISITES FOR THE APPLICATION OF ARTICLE 247
1.
2.
3.
Legally married person or a parent who Surprises his spouse or
daughter, the latter under 18 years of age and living with him, in
the act of committing sexual intercourse with another person;
He/she Kills any or both of them or inflicts upon any or both of
them any serious physical injury in the act or immediately
thereafter; and
He has Not either promoted or facilitated the prostitution of his
wife or daughter, or he or she has not consented to the
infidelity of the other spouse.
TAKE NOTE


The provision does not define and penalize a felony. It is rather
an absolutory cause which provides for the imposition of
destierro rather than the ordinary penalty for parricide. The
vindication of a man’s honor is justified because of the scandal
an unfaithful wife creates.
In Art. 247, destierro is not intended as a penalty but a means
to remove the accused from the vicinity, for his protection
against possible reprisal from the family or relatives of the
other spouse or those of the paramour or mistress.
TAKE NOTE



The surprising must be at the moment the sexual act is taking
place. If it is only about to take place or has already taken
place, no benefit can be availed of under this Article.
The accused must be a legally married person
The wife is entitled to the benefits of Article 247
TAKE NOTE



The law only requires that the death caused be the proximate
result of the outrage (direct by-product of the accused’s rage)
overwhelming the accused after chancing upon his spouse in
the basest act of infidelity.
Sexual intercourse must be actual. This does not include
preparatory acts. Mere sleeping together on the bed is not
included.
By raising Art. 247 as a defense, the accused waives his
constitutional presumption of innocence and has the burden of
proving its elements.
TAKE NOTE



Parents may be legitimate/ illegitimate
Parents who shall kill or inflict serious physical injuries upon
their daughters under 18 years of age and their seducers, while
the daughters are living with their parents. If the crime
happened in the boarding house of their daughter, Art. 247
does not apply.
Inflicting death under exceptional circumstances is not murder.
Therefore, the accused cannot be held liable for injuries
sustained by third persons as a result thereof.
ARTICLE 248
MURDER
ELEMENTS
1.
2.
3.
4.
A Person was killed;
The Accused killed him;
The killing was attended by any of the following Qualifying
circumstances mentioned in Art. 248.
The killing is Neither parricide nor infanticide.
QUALIFYING AGGRAVATING CIRCUMSTANCES
1.
2.
3.
With Treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense
or of means or persons to insure or afford impunity.
In Consideration of a price, reward, or promise
By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or
with the use of any other means involving Great waste and ruin.
QUALIFYING AGGRAVATING CIRCUMSTANCES
4.
5.
6.
On occasion of any of the Calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
With Evident premeditation.
With Cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.
TAKE NOTE:




Dismemberment of a dead body is one manner of outraging or
scoffing at the corpse of the victim, and qualifies the killing to
murder.
Killing of a child of tender years is murder (characterized by
treachery even if the manner of the assault is not shown)
Any of the qualifying circumstances enumerated in Article 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.
TAKE NOTE:

The use of loose firearm, when inherent in the commission of
the crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating
circumstance. (Sec. 29, R.A. No. 10591)
ARTICLE 249
HOMICIDE
ELEMENTS
1.
2.
3.
4.
A person was Killed;
That the accused killed him Without any justifying
circumstance;
The accused had the Intention to kill, which is presumed; and
The killing was not attended by any of the Qualifying
circumstances of murder, parricide, or infanticide
TAKE NOTE


Intent to kill is conclusively presumed when death results,
evidence of intent to kill is important only in attempted or
frustrated homicide.
In attempted or frustrated homicide, there is intent to kill. If
there is none, the offender is only liable for physical injuries.
However, if as a result of the physical injuries inflicted, the
victim died, the crime will be homicide, as the law punishes the
result and not the act.
TAKE NOTE



Where murder or homicide results from the use of an
unlicensed firearm, xxx the use of such is not considered a
separate crime but shall be appreciated as a mere aggravating
circumstance.
If victim is under 12 years old, the penalty is reclusion perpetua.
(Sec. 10, R.A. No. 7610)
Corpus Delicti – means the actual commission of the crime
charged. It does not refer to the body of the murdered person.
TAKE NOTE


In all crime against persons in which the death of the victim is
an element of an offense, there must be satisfactory evidence
of (1) the fact of death, and (2) the identity of the victim.
No offense of frustrated homicide through
imprudence/negligence. The element of intent to kill in
frustrated homicide is incompatible with negligence or
imprudence.
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
ELEMENTS
1.
2.
3.
4.
5.
6.
There are Several persons;
They did not compose groups Organized for the common
purpose of assaulting and attacking each other reciprocally;
These several persons Quarreled and Assaulted each other in a
Confused and Tumultuous manner;
Someone was Killed in the course of the affray;
It Cannot be ascertained who actually killed the deceased; and
The person or persons who inflicted serious physical injuries or
used violence upon the person of the victim can be Identified.
PERSONS LIABLE
1.
2.
Person/s who inflicted serious physical injuries.
If unknown, all the persons who used violence upon the person
of the victim, but with lesser liability.
TAKE NOTE



Tumultuous Affray – a melee or free-for all, where several
persons not comprising definite or identifiable groups attack
one another in a confused and disorganized manner resulting in
the death or injury of one or some of them.
Tumultuous affray exists when at least four persons are
involved
There is no crime of death in a tumultuous affray if there was
no confusion and the quarrel was between two well-known
groups. The crime is homicide or murder, as the case may be.
TAKE NOTE


The person killed need not be a participant in the affray.
When the quarrel is between a distinct group of individuals, one
of whom was sufficiently identified as the principal author of
the killing, as against a common, particular victim, it is not a
“tumultuous affray” within the meaning of Art. 251 of the RPC. In
such a case, the crime committed is homicide.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
ELEMENTS
1.
2.
3.
4.
There is a Tumultuous affray;
A participant or some participants thereof Suffer serious
physical injuries or physical injuries of a less serious nature;
The person responsible therefor Cannot be identified; and
All those who appear to have used violence upon the person of
the offended party are Known.
TAKE NOTE




The injured party must be one of the participants in the
tumultuous affray.
Only the one who used violence is liable
Legislature intended to exclude slight physical injuries, this
provision only refer to serious physical injuries and less serious
physical injuries.
If the one who caused physical injuries are known/identified, he
will be liable for physical injuries actually committed.
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
PUNISHABLE ACTS
1.
2.
By Assisting another to commit suicide, whether the suicide be
consummated or Not; and
By lending his assistance to another to commit suicide to the
extent of Doing the Killing himself.
TAKE NOTE




Offender is still liable even if the suicide is not consummated. ●
A person who attempt to commit suicide is not criminally liable
because society considers him as an unfortunate being who
deserved pity rather than of penalty.
Euthanasia or Mercy-Killing is not considered as lending
assistance to suicide. It is the practice of painlessly putting a
person suffering from some incurable disease to death.
The penalty for giving assistance to suicide if the offender is
the father, mother, child or spouse of the one committing
suicide is the same since the law does not distinguish.
TAKE NOTE


The penalty for giving assistance to suicide if the offender is
the father, mother, child or spouse of the one committing
suicide is the same since the law does not distinguish.
A pregnant woman, who tried to commit suicide by means of
poison, but instead of dying, the fetus in her womb was
expelled, is not liable for abortion. Under our law, in order to
incur criminal liability for the result not intended, one must be
committing a felony. An attempt to commit suicide is not
punishable by law.
ARTICLE 254
DISCHARGE OF FIREARMS
ELEMENTS
1.
2.
The offender Discharges a firearm against or at another person;
and
The offender had No intention to kill that person.
TAKE NOTE:

It is not applicable to police officers in the performance of their
duties.
If in the discharge of firearm, the offended party is hit and
wounded, there is complex crime of Discharge of Firearm with
Serious or Less Serious Physical Injuries, but if only slight physical

injuries were inflicted, there is no complex crime, since such physical
Injuries constitute a light felony.
The crime is discharge of firearm even if the gun was not pointed at the
offended party when it was fired, without intent to kill, as long as it was
initially aimed by the accused at or against the offended party.

TAKE NOTE:


The crime is discharge of firearm even if the gun was not pointed at the
offended party when it was fired, without intent to kill, as long as it was
initially aimed by the accused at or against the offended party.
Intent to kill cannot be automatically drawn from the mere fact that the
use of firearms is dangerous to life. The inference of intent to kill should
not be drawn in the absence of circumstances sufficient to prove such
intent beyond reasonable doubt. Absent an intent to kill in firing the gun
towards the victim, petitioner should be held liable for the crime of illegal
discharge of firearm under Art. 254 of the RPC.
OTHER POSSIBLE CRIMES
1.
2.
3.
Frustrated Discharge – if firearm’s trigger was pressed but did
not fire;
Illegal Discharge with Physical injuries – if victim was wounded;
and
Alarms and Scandal – if not directed to a person.
ARTICLE 255
INFANTICIDE
ELEMENTS
1.
The deceased child was less than 3 days old (72 hours)
TAKE NOTE:


The fetus must be viable or breathing on its own; otherwise, the
crime is not infanticide but abortion. If the fetus had an intrauterine life of less than seven (7) months and it was killed within
24 hours after complete separation from the womb, it did not
gain personality. Hence, it is still abortion.
The crime is predicated not on the relation of the offender and
the offended party, but rather on the age of the latter
TAKE NOTE:


HOWEVER, the crime would be parricide if the child is 3 days
old or older and the accused is the father, mother, whether
legitimate or illegitimate, or other legitimate ascendant; and
murder if the accused is a stranger.
No crime of infanticide is committed if the child has been dead
or if, although born alive, it could not sustain an independent
life when it was killed.
TAKE NOTE:


When infanticide is committed by the mother or maternal
grandmother of the victim in order to conceal the mother’s
dishonor, such fact is only MITIGATING.
Penalty is that of parricide if the father, mother or legitimate
grandparents kills the child; or that of murder if a stranger
cooperates with the mother in killing the child.
ARTICLE 256
INTENTIONAL ABORTION
ABORTION; DEFINED
It is the willful killing of the fetus in the uterus, or the violent
expulsion of fetus from the womb which results in the death of the
fetus.
ELEMENTS
1.
2.
3.
4.
There is a Pregnant woman;
That either Violence is exerted, or Drugs or beverages
administered, or that the accused otherwise Acts upon such
pregnant woman;
As a result of the violence, drugs, beverage or any other act of
the accused upon her, the Fetus dies, either in the womb or
after having been expelled therefrom; and
The abortion is Intended.
WAYS OF COMMITTING
1.
2.
3.
By using any violence upon the person of a pregnant woman;
By acting, without using violence and without the consent of
the woman, by administering drugs or beverages upon such
pregnant woman without her consent; and
By acting, with the consent of the pregnant woman, by
administering drugs or beverages.
PERSONS LIABLE
1.
2.
The person who intentionally causes the abortion; and
The pregnant woman if she consented
TAKE NOTE


As long as the fetus dies as a result of the violence used or the
drugs administered, the crime of abortion exists, even if the
fetus is over or less than 6 months, or is full term.
If the fetus could sustain an independent life (the fetus must
have an intrauterine life of not less than 7 months) after its
separation from the maternal womb and it is killed, the crime is
infanticide, not abortion.
ARTICLE 257
UNINTENTIONAL ABORTION
ELEMENTS
1.
2.
3.
4.
There is a Pregnant woman;
Violence is used upon her without intending an abortion;
The violence is Intentionally exerted; and
As a result of the violence, the Fetus dies, either in the womb of
the mother or after having been expelled therefore.
TAKE NOTE


There is a complex crime of Parricide (or Murder, as the case
may be) with unintentional abortion when the offender, with
violence, kills the pregnant woman, thus occasioning the death
of the fetus.
Even though it was not the criminal intent of the defendant to
cause the abortion, the fact that, without any apparent reason
whatever, he maltreated the victim, presumably not knowing
that she was pregnant, he is liable not only for such
maltreatment but also for the abortion.
OTHER POSSIBLE CRIMES
1.
2.
3.
Light threats – if only intimidation was used
Complex crime of Murder (or Parricide) with unintentional
Abortion, if the pregnant woman was killed but not necessarily
to cause an abortion.
Unintentional abortion through imprudence
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN HERSELF OR BY
HER PARENTS
ELEMENTS
1.
2.
3.
a.
b.
c.
There is a pregnant woman who has suffered an Abortion;
The abortion is Intended; and
The abortion is Caused by:
The pregnant woman Herself:
Any Other person with her consent;
Any of her Parents, with her consent, for the purpose of
concealing her dishonor.
TAKE NOTE


Under a and b above, the woman is liable under Art. 258
(Abortion practiced by the woman herself); while the other
person under b is liable under Art. 256 (Intentional Abortion)
If the purpose of the parents was not to conceal the woman’s
dishonor, the case shall fall under Art. 256 (Intentional
Abortion).
ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE
AND DISPENSING OF ABORTIVES
ELEMENTS; ABORTION PRACTICED BY A PHY/MID
1.
2.
3.
4.
There is a Pregnant woman who has suffered an abortion;
The abortion is Intended;
The offender, who must be a Physician or Midwife, causes or
assists in causing the abortion; and
The physician or midwife takes Advantage of their scientific
knowledge or skill.
ELEMENTS; ABORTION PRACTICED BY A PHARMACIST
1.
Offender is a Pharmacist; 2. There is No proper prescription
from a physician; and 3. Offender dispenses any Abortive.
TAKE NOTE



As to the pharmacist, it is not necessary that the abortive was
actually used so long as the abortive was dispensed without
proper prescription from a physician, it is already
consummated.
It is immaterial that the pharmacist knows that the abortive
would be used for abortion. Otherwise, he shall be liable as an
accomplice should abortion result from the use thereof.
It is not necessary that the abortive be actually used.
ARTICLE 262
MUTILATION
TWO KINDS OF MUTILATION
1.
2.
By intentionally mutilating another by depriving him, either
totally or partially, of some essential organ for reproduction
(Castration).
By intentionally making other mutilation by lopping or clipping
off of some part of body of the offended party, other than the
essential organ for reproduction, to deprive him of that part of
the body (Mayhem).
ELEMENTS; CASTRATION
1.
2.
That there be a castration, that is, Mutilation of organs
necessary for Reproduction; and
The mutilation is caused purposely and deliberately, that is, to
Deprive the offended party of some essential organ for
Reproduction.
ELEMENTS; MAYHEM
1.
2.
That there be Lopping or clipping off of Some part of body of
the offended party, other than the essential organ for
reproduction; and
The mutilation is caused purposely and deliberately, that is, to
Deprive the offended party of that part of the body
TAKE NOTE



Mutilation – the lopping or the clipping off of some part of the
body
The offender under the second kind of mutilation (Mayhem)
must have deliberate intention to deprive the offended party of
a part of his body. Otherwise, the case will be considered as
physical injuries.
The penalty under the second kind of mutilation (Mayhem)
when the victim is under 12 years of age shall be reclusion
perpetua
ARTICLE 263
SERIOUS PHYSICAL INJURIES
WAYS OF COMMITTING; ANY PERSON
1.
2.
3.
4.
By Wounding;
By Beating;
By Assaulting; and
By Administering injurious Substances.
KINDS OF SERIOUS PHYSICAL INJURIES
1.
2.
a.
b.
c.
When the injured person becomes insane, imbecile, impotent
or blind in consequence of the physical injuries inflicted.
When the injured person-
Loses the use of speech or the power to hear or to smell, loses
an eye, a hand, foot, arm or leg,
Loses the use of any such member, or
Becomes incapacitated for the work in which he had been
habitually engages
KINDS OF SERIOUS PHYSICAL INJURIES
3.
When the injured person
a.
Becomes deformed,
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 had be habitually engaged in for more than 90 days.
b.
c.
d.
4.
When the injured person becomes ill or incapacitated for labor
for more than 30 days (but not more than 90 days).
TAKE NOTE




Impotence – loss of power to procreate; inability to copulate;
sterility. Properly used of the male
Blindness – contemplates total blindness or loss of both eyes
(par. 1). Loss of only one eye is contemplated under par. 2. Mere
weakness of vision is not contemplated.
Loss of power to hear should be in both ears; if one ear only, it
falls under par. 3 of Art. 263.
Amputation of an arm is serious physical injury under
subdivision No. 2.
TAKE NOTE




For loss of the use of hand or incapacity of usual work in Art.
263(2), the loss must be permanent.
The injury to cause deformity is one that cannot be replaced
by nature.
Deformity requires that the injury be: (a) Physical ugliness; (b)
Permanent and definite abnormality; and (c) Conspicuous and
visible
Deformity will always constitute serious physical injury even if
treatment lasts for less than 30 days
TAKE NOTE


If the scar is usually covered by the dress or clothes, it would
not be conspicuous and visible.
The loss of three incisors is a visible deformity, while the loss of
one incisor does not constitute deformity. However, loss of one
tooth which impaired appearance is a deformity.
TAKE NOTE


In paragraph 2 and 3, the offended party must have a work
which he was habitually engaged at the time of the injury.
Where the category of the offense of serious physical injuries
depends on the period of illness or incapacity for labor, there
must be evidence of that length of that period, otherwise, the
offense shall only be slight physical injuries.
QUALIFYING CIRCUMSTANCES
1.
2.
Offense committed against persons enumerated in the crime
of parricide.
With the attendance of circumstance which qualify the crime
to murder.
TAKE NOTE:
SPI by excessive chastisement by parents are not qualified
ARTICLE 264
ADMINISTERING
BEVERAGES
INJURIOUS
SUBSTANCES
OR
ELEMENTS
1.
2.
3.
The offender Inflicted upon another any serious physical injury;
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
The offender has No intent to kill.
TAKE NOTE


Administering injurious substances or beverages means
introducing into the body the injurious substances or
beverages. The infliction of injuries by throwing mordant
chemicals or poisons in the face or body is not one of the
offenses defined and penalized in the Article.
If intent to kill is present and the victim did not die, the crime is
frustrated murder. Offender must have knowledge of the
injurious nature of the substance he administered. Otherwise,
he is not liable.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
ELEMENTS
1.
2.
The offended party is incapacitated for labor for 10 or more but
not more than 30 days or needs medical attendance for the
same period; and
That the physical injuries must not be those described in the
preceding articles.
TAKE NOTE:

1.
2.
The law includes two subdivisions:
The inability for work; and
The necessity for medical attendance.
Therefore, although the wound required medical attendance
for only 2 days, yet if the injured party was prevented from
attending to his ordinary labor for a period of 29 days, the offense
committed is Less Serious Physical Injuries.
TAKE NOTE:



The phrase “shall require medical attendance for the same
period” means the actual medical attendance. There must be
proof of the required medical attendance.
In the absence of proof as to the period of the offended
medical attendance, offense committed is only Slight Physical
Injuries
This article applies even if there was no incapacity but the
medical treatment was for more than 10 days.
ARTICLE 266
SLIGHT PHYSICAL INJURIES
KINDS OF SLIGHT PHYSICAL INJURIES
1.
2.
3.
Physical injuries which Incapacitated the offended party for
labor from one to nine 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.
TAKE NOTE



When the offender shall ill-treat another by deed without
causing injury, and without causing dishonor, the offense is
maltreatment under Art. 266(3).
Any physical violence which does not produce injury, such as
slapping the face of the offended party, without causing
dishonor is considered slight physical injury, otherwise, when
the maltreatment causes dishonor, the crime committed would
be Slander by Deed.
When there is no evidence of actual injury, it is only Slight
Physical Injuries.
ARTICLE 266-A, AS AMENDED BY RA 8353
RAPE
TWO KINDS OF RAPE
1.
2.
Rape by sexual intercourse
Rape by sexual assault
ELEMENTS; RAPE BY INTERCOURSE
1.
2.
3.
i.
ii.
Offender is a Man;
Offender had Carnal knowledge of a woman; and
Such act is accomplished under any of the following
Circumstances:
Through Force, threat, or intimidation;
When the offended party is Deprived of reason or otherwise
unconscious;
ELEMENTS; RAPE BY INTERCOURSE
iii.
iv.
By means of Fraudulent machination or grave abuse of
authority; or
When the offended party is Under 12 years of age or is
demented, even though none of the circumstances mentioned
above be present
ELEMENTS; RAPE BY SEXUAL ASSAULT
1.
2.
i.
ii.
The offender commits an act of sexual Assault;
Sexual assault is committed by any of the following means:
By inserting his Penis into another person’s mouth or anal
orifice; or
By inserting any Instrument or object into the genital or anal
orifice of another person.
ELEMENTS; RAPE BY SEXUAL ASSAULT
3.
i.
ii.
iii.
iv.
Sexual assault is accomplished under the following
Circumstances:
Through Force, threat, or intimidation;
When the offended party is Deprived of reason or otherwise
unconscious;
By means of Fraudulent machination or grave abuse of
authority; and
When the offended party is Under 12 years of age or is
demented, even though none of the circumstances mentioned
above be present.
EFFECT OF RECLASSIFICATION OF RAPE INTO CAP FROM
CAC
1.
2.
3.
4.
The procedural requirement of consent of the offended to file
the case is no longer need. This is now a “public crime”. Thus,
the case can be filed by the State motu proprio.
The impossible crime of rape can now be committed.
Rape can now be committed against males since it is no longer
a crime against chastity.
The aggravating circumstances relevant against person shall
apply such as treachery, ignominy or moral suffering.
TAKE NOTE


Under R.A. No. 8353 or the Anti-Rape Law of 1997, the crime of
rape can now be committed by a man or woman in the case of
insertion of any instrument or object.
Consummated Rape by Sexual Intercourse - mere touching of
the external genitalia by a penis capable of consummating the
sexual act is sufficient to constitute carnal knowledge. This
means that the rape is consummated once the penis of the
accused capable of consummating the sexual act touches
either labia of the pudendum.
TAKE NOTE


Consummated Rape by Sexual Assault – the insertion of the
penis into another person’s mouth or anal orifice, or any
instrument or object, into another person’s genital or anal
orifice. Victim need not identify what was inserted into his or
her genital or anal orifice for the court to find that rape through
sexual assault was committed.
No crime of frustrated rape.
TAKE NOTE


Attempted Rape - There is attempted rape when there is no
penetration of the female organ because not all the acts of
execution were performed. However, there must be an
intention to have carnal knowledge of the woman against her
will.
Insertion of one’s finger into the genital of another constitutes
rape through sexual assault.
TAKE NOTE


STATUTORY RAPE – By person who shall have carnal
knowledge of another person who is under 16 years of age or is
demented, even though none of the circumstances mentioned
above be present.
That there shall be no criminal liability on the part of a person
having carnal knowledge of another person 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, non-abusive, and non-exploitative
TAKE NOTE


Provided, further, That if the victim is under thirteen (13) years
of age, this exception shall not apply.
Sweetheart Doctrine – It is well settled that being sweethearts
does not negate the commission of the rape because such act
does not give appellant license to have sexual intercourse
against her will, and will not exonerate him from the criminal
charge of rape.
TAKE NOTE

Marital Rape - The paradigm shift on marital rape in the
Philippine jurisdiction is further affirmed by R.A. No. 9262 or
Anti-Violence Against Women and Their Children Act of 2004
which regards rape within marriage as a form of sexual violence
that may be committed by a man against his wife within or
outside the family abode.
RAPE WITH HOMICIDE



It is committed when by reason or on the occasion of
the rape, homicide is committed.
Homicide is understood in its generic sense and
includes murder and slight physical injuries committed
by reason of or on occasion of rape.
E.G. Rapist, who was suffering from gonorrhea/AIDS,
infected the victim who died as a result.
AGGRAVATING OR QUALIFYING CIRCUMSTANCES



When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim;
When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;
When the rape is committed in full view of the spouse, parent,
any of the children or other relatives within the third civil
degree of consanguinity;
AGGRAVATING OR QUALIFYING CIRCUMSTANCES



When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;
When the victim is a child below seven (7) years old;
When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
AGGRAVATING OR QUALIFYING CIRCUMSTANCES



When committed by any member of the Armed Forces of the
Philippines or paramilitary units thereof or the Philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime;
When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and
AGGRAVATING OR QUALIFYING CIRCUMSTANCES

When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime.
CRIMES AGAINST
PROPERTY
ARTICLES 293 TO 331 ROBBERY TO DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS, OR PAINTINGS.
ARTICLE 293
WHO ARE GUILTY OF ROBBERY IN GENERAL
ELEMENTS
1.
2.
3.
4.
That there be Personal property belonging to another;
That there is Unlawful taking of that property;
That the taking is with intent to Gain; and
That there is violence against or Intimidation of any person or
force used upon things
TAKE NOTE

Property taken must be personal property, for if real property is
occupied or real right is usurped by means of violence against
or intimidation of persons, the crime is occupation of real
property or usurpation of real rights under Art. 312
TAKE NOTE

The taking must be against the will of the owner or lawful
possessor of a personal property. As an element of robbery
taking must have the character of permanency. If the
dispossession of a personal property is only temporary and
there is no intention on the offender to deprive the owner or
lawful possessor of a thing permanently of his possession,
robbery is not committed.
TAKE NOTE



When the thing taken is a motor vehicle, then the crime is
carnapping
If the thing taken is large cattle, then the crime committed is
cattle rustling.
“Belonging to another” – In robbery, it is not necessary that the
person unlawfully divested of the personal property be the
owner thereof. Actual possession of the property by the person
dispossessed is sufficient.
TAKE NOTE

‘Intent to Gain’ or ‘Animus Lucrandi’ – is an internal act which
can be established through the overt acts of the offender.
Absence of intent to gain will make the taking grave coercion if
there is violence used.
ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS
PUNISHABLE ACTS
1.
2.
3.
When by reason or on occasion of the robbery the crime of
Homicide is committed
When the robbery is accompanied by: Rape, Intentional
mutilation, Arson
When by reason or on occasion of such robbery, any of the
physical injuries resulting in: Insanity, Imbecility, Impotency,
Blindness is inflicted
PUNISHABLE ACTS
4.
5.
When by reason or on occasion of robbery, any of the physical
injuries resulting in the: Loss of the use of speech, Loss of the
power to hear or to smell, Loss of an eye, a hand, a foot, an arm
or a leg, Loss of the use of any of such member, Incapacity for
the work in which the injured person is theretofore habitually
engaged 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
PUNISHABLE ACTS
6.
When in the course of its execution, the offender shall have
inflicted upon any person not responsible for the commission
of the robbery any of the physical injuries in consequence of
which the person injured: Becomes Deformed, Loses any other
member of his body, Loses the use thereof, Becomes ill or
incapacitated for the performance of the work in which he is
habitually engaged for more than 90 days, Becomes ill or
incapacitated for labor for more than 30 days.
PUNISHABLE ACTS
7.
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.
TAKE NOTE; ROBBERY WITH HOMICIDE
1.
a.
b.
c.
d.
Homicide is said to have been committed by reason or
on the occasion of robbery if it is committed:
To facilitate the robbery or the escape of the culprit
To preserve the possession by the culprit
To prevent discovery of the commission of the robbery
To eliminate witnesses to the commission of the crime.
TAKE NOTE; ROBBERY WITH HOMICIDE






Homicide is to be understood in its generic sense as to
include parricide and murder
There is no robbery with double homicide
There is no such crime as robbery with murder.
It need not be committed inside a building
An intent to take personal property belonging to
another with intent to gain must precede the killing
There is no RWH through RI/SN
TAKE NOTE; ROBBERY WITH HOMICIDE




If another robber is killed by his companion, it is still
RWH
There is RWH even if the person killed was an innocent
bystander and not the person robbed
Once homicide is committed by reason or on occasion
of the robbery, the crime committed is robbery with
homicide.
If robbery is merely an afterthought = 2 crimes.
TAKE NOTE; ROBBERY WITH RAPE



The offender must have the intent to take the personal
property belonging to another with intent to gain and such
intent must precede the rape.
If the original plan was to rape the victim and after the
commission of the same also committed robbery when the
opportunity presented itself, the offenses should be viewed as
separate and distinct.
All the robbers may be held liable for robbery with rape even if
not all of them committed the crime of rape based on the
concept of conspiracy.
TAKE NOTE; ROBBERY WITH RAPE


There is no such crime as robbery with attempted rape.
When rape and homicide co-exist in the commission of
robbery, the rape will be considered as an aggravating
circumstance only.
TAKE NOTE; ROBBERY WITH ARSON
In this case, 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 as aggravating
circumstance of the crime actually committed.
TAKE NOTE; ROBBERY WITH MUTILATION
When by reason or on the occasion of robbery, intentional
mutilation is committed.
TAKE NOTE; ROBBERY WITH SERIOUS PHYSICAL
INJURIES
1.
2.
When only slight physical injuries or less serious physical
injuries were inflicted, the accused is liable for simple robbery
under Art. 294(5).
The offender who inflicted on another robber, physical injuries
which later resulted in deformity would be liable for two (2)
crimes: (1) Robbery (2) Serious physical injuries. The wording of
the law says “upon any person not responsible for its
commission”
TAKE NOTE; ROBBERY WITH SERIOUS PHYSICAL
INJURIES
3.
If the serious physical injuries were inflicted not in the course
of the execution of robbery but after the taking of the personal
property had been complete, the serious physical injuries
mentioned should be considered as separate offense.
TAKE NOTE; ROBBERY WITH UNNECESSARY VIOLENCE
AND INTIMIDATION
1.
2.
Tying the victim after wounding him and leaving him
tied to the trunk of the tree on the craggy ground after
taking his money constitutes unnecessary violence and
intimidation.
The violence need not result in serious physical injuries.
TAKE NOTE; SIMPLE ROBBERY
1.
2.
3.
The injury inflicted upon the offended party on the
occasion of the robbery can be qualified only as less
serious physical injuries or slight physical injuries.
Snatching money from the hands of the victim and
pushing her to prevent her from recovering the seized
property
If no VIF is employed, then theft.
ARTICLE 299
ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING
OR EDIFICE DEVOTED TO WORSHIP
ROBBERY WITH FORCE UPON THINGS 1ST MODE
1.
2.
a.
b.
c.
d.
That the offender entered (a) an inhabited place, or (b) public
building, or (c) edifice devoted to religious worship;
That the entrance was effected by any of the following means:
Through an Opening not intended for entrance or egress;
By breaking an Wall, roof, or floor or breaking any door or
window;
By using false keys, Picklocks or similar tools; or
By using any Fictitious name or pretending the exercise of
public authority.
ROBBERY WITH FORCE UPON THINGS
3.
That once inside the building, the offender took personal
property belonging to another with intent to gain.
TAKE NOTE:
1.
2.
3.
4.
The place entered must be a house or building. When the
culprit enters a parked automobile through a window, the crime
is theft if personal property was taken therefrom.
To constitute entering, the whole body of the culprit must be
inside the building.
The wall that was broken must be an outside wall, not a wall
between rooms in a house or building; same with the door.
“False keys” are 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.
TAKE NOTE:
5.
6.
“Picklocks or similar tools” are those specially adopted to the
commission of the crime of robbery.
It is only theft when the false key or picklock must be used to
open wardrobe or locked receptacle or drawer or inside door.
ROBBERY WITH FORCE UPON THINGS 2ND MODE
1.
2.
a.
b.
That the offender is Inside a dwelling house, public building, or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it;
That the offender Takes personal property belonging to
another, with intent to gain, under any of the following
circumstances:
By the breaking of 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 or
forced open outside the place of the robbery
TAKE NOTE
1.
2.
3.
Doors refer to inside doors of the house or building.
When sealed box or receptacle is taken out of the house or
building for the purpose of breaking it outside, it is not
necessary that it is actually opened.
It is estafa or theft if the locked or sealed receptacle is not
forced open in the building where it is kept or taken therefrom
to be broken outside.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE OR PRIVATE
BUILDING
ELEMENTS
1.
2.
a.
b.
Offender entered an uninhabited place or a building which was
not a dwelling house, public building, or an edifice devoted to
religious worship;
Any of the following circumstances are present:
If the entrance has been effected through any Opening not
intended for entrance or egress.
If any wall, roof, floor or Outside door or window has been
broken.
ELEMENTS
c.
d.
e.
If the entrance has been effected through the use of false keys,
Picklocks or other similar tools.
If any door, wardrobe, chest or by Sealed or closed furniture or
receptacle has been broken.
If any closed or Sealed receptacle was removed, even if the
same be broken open elsewhere.
TAKE NOTE
1.
2.
The term “uninhabited place” is an uninhabited building.
In relation to Art. 299: the difference is that under Art. 299, the
receptacle must be locked or sealed. In Art. 302, the receptacle
must be closed or sealed. Thus, if the receptacle was merely
closed but it was opened without breaking the same, the crime
is theft.
ARTICLE 306
BRIGANDAGE
ELEMENTS;
1.
2.
3.
a.
b.
c.
There must at least four armed persons
They formed a band or robbers
The purpose:
To commit robbery in the highway;
To kidnap persons for the purpose of
extortion/ransom
To attain by means or force and violence any other
purpose.
PD 532
ANTI-HIGHWAY ROBBERY LAW
ELEMENTS;
1.
2.
3.
The robbery should take place along the Philippine
Highway
The act of robbery must be indiscriminate. It should not
be an isolated case; and
The victim was not predetermined. The robbery must
be directed not only against specific, intended, or
perceived victims, but against any and all prospective
victims.
BRIGANDAGE VS. HIGHWAY ROBBERY
BRIGANDAGE
HIGHWAY ROBBERY
Mere formation of a
band for any purpose
indicated in the law is
punishable
Mere conspiracy to
constitute the offense
of brigandage is not
punishable since it
presupposes that acts
defined are actually
committed.
BRIGANDAGE VS. HIGHWAY ROBBERY
BRIGANDAGE
HIGHWAY ROBBERY
Offenders must be a
band of robbers.
Offenders need not
constitute a band. One
person can commit
the crime
BRIGANDAGE VS. HIGHWAY ROBBERY
BRIGANDAGE
HIGHWAY ROBBERY
There is a
preconceived victim
Anybody could be the
victim
It is immaterial that the
robbery was
committed for the first
time
It must not be an
isolated case of
robbery
BRIGANDAGE VS. ROBBERY IN A BAND
BRIGANDAGE
RIB
The purpose is to commit
robbery in the highway or
to kidnap a person for the
purpose of extortion or to
obtain ransom, or for any
other purpose to be
attained by means of
force or violence.
The purpose is to
commit robbery, not
necessarily in the
highway
BRIGANDAGE VS. ROBBERY IN A BAND
BRIGANDAGE
RIB
The agreement is to
commit several robberies
The agreement is to
commit a particular
robbery
ARTICLE 308
THEFT
ELEMENTS
1.
2.
3.
4.
5.
The taking of Personal property;
That the property belongs to Another;
That the taking is done with intent to Gain;
That it was done without the Consent of the owner; and
That it was accomplished without Violence or intimidation of
persons nor force upon things.
THEFT IS LIKEWISE COMMITTED BY:
1.
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
object 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 same or
shall gather cereals, or other forest or farm products.
FINDER IN FACT
He/she is a person who finds a lost item. The case of the
finder of a lost property affirms the fact that the offender obtains
only physical possession of the thing. The finder in fact has an
obligation to deliver the property to the owner if known, otherwise,
surrender the property to the authorities. If he does not, he is
liable for theft.
FINDER IN LAW
He/she is an officer of the law to whom a lost item is
surrendered or turned over. He is under the obligation to turn
over the lost property which he received in trust while on duty.
TAKE NOTE;



The fishing referred to in this article is not fishing in the
fishpond or fishery; otherwise it s qualified theft under Art. 310.
There is no crime of frustrated theft.
Unlawful taking is deemed complete from the moment the
offender gains possession of the thing, even if he has no
opportunity to dispose of the same.
TAKE NOTE;


Intangible properties such as electrical energy and gas may
be proper subjects for theft
A policeman shall be considered as the finder of lost property.
If the policeman fails to deliver the lost property to the owner,
he is liable for theft. Appropriating the property by the
policeman is of the same character of that made by one who
originally found the same
ARTICLE 310
QUALIFIED THEFT
QUALIFYING CIRCUMSTANCE
1.
2.
3.
4.
5.
By a Domestic servant;
With a grave Abuse of confidence;
If the property stolen consist of Coconuts taken from the
premises of the plantation;
If the property stolen consist of Fish taken from a fishpond or
a fishery; and
If the property is taken on the occasion of fire, Typhoon,
earthquake, volcanic eruption, or any other calamity, vehicular
accident, or civil disturbance.
ARTICLE 315
SWINDLING (ESTAFA)
ESTAFA IN GENERAL
1.
2.
3.
4.
The accused defrauded another (a) by abuse of confidence, or
(b) by means of deceit.
Damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.
The damage or prejudice may consist of; deprivation of the
victim of his money or property as a result of the defraudation;
the disturbance of property rights; or
Temporary prejudice
ESTAFA WITH GRAVE ABUSE OF CONFIDENCE
1.
2.
That money, goods, or other personal property be
received by the offender in trust, on commission, or for
administration, or under any other obligation involving
the duty to make delivery of, or to return, the same;
That there be misappropriation or conversion of such
money or property by the offender; or denial on his
part of such receipt.
ESTAFA WITH GRAVE ABUSE OF CONFIDENCE
3.
4.
That such misappropriation or conversion or denial is
to the prejudice of another; and
That there is a demand made by the offended party to
the offender
TAKE NOTE


Juridical Possession – it is possession which gives the
transferee a right over the thing transferred and this
right may be set up against the owner
Material Possession – it is the actual possession of
personal property, where the possessor cannot claim a
better right to such property than that of its owner.
TAKE NOTE


If the offender has been given material possession of
the personal property and he misappropriates the
same, he is liable for theft.
If the offender has been given juridical and material
possession of the personal property and he
misappropriates the same, he is liable for the crime of
estafa.
ARSON
TAKE NOTE


Burning of houses is considered as simple arson under P.D. No.
1613.
Arson has no frustrated stage. 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 burned.
TAKE NOTE; BOTH BURNING AND DEATH OCCUR
1.
2.
3.
If the main objective is the burning of the building or edifice,
but death results by reason or on the occasion of arson, the
crime is simply arson and the resulting homicide is absorbed.
If the main objective is to kill a particular person who may be in
a building or edifice, when fire is resorted to as the means to
accomplish such goal, the crime committed is murder only.
If the main 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, then there are two separate and distinct
crimes committed – homicide/murder and arson.
ARTICLE 327
MALICIOUS MISCHIEF
ELEMENTS
1.
2.
3.
Offender deliberately caused Damage to the property of
another;
Such act does not Constitute arson or other crimes involving
destruction; and
It was committed merely for the sake of Damaging it.
TAKE NOTE



If there is no malice in causing the damage, the obligation to
repair or pay for the damages is only civil.
The third element presupposes that offender acted due to
hate, revenge or evil motive.
If after damaging the property, the offender removes or makes
use of the fruits or objects of the damage, it is theft.
ARTICLE 332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
CRIMES INVOLVED
1.
2.
3.
Theft;
Swindling (Estafa); and
Malicious Mischief.
PERSONS EXEMPTED
1.
2.
3.
Spouses, Ascendants and Descendants, or relatives by affinity
in the same line;
The Widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall have
passed into the possession of another; and
Brothers and Sisters and brothers-in-law and sisters-in-law, if
living together.
TAKE NOTE





No criminal but only civil liability shall result from the
commission of only said crimes, committed or caused mutually
by those persons.
“Spouses” cover common-law spouses
“Relatives” include stepfathers and step mothers, illegitimate
and adopted children.
The exemption does not apply to strangers who participates in
the commission of the crimes.
The exemption does not apply if the crimes of theft, swindling
and malicious mischief are complexed with another crime.
CRIMES AGAINST
CHASTITY
ARTICLES 333 TO 346 ADULTERY TO CONSENTED ABDUCTION
ARTICLE 333
ADULTERY
ELEMENTS
1.
2.
3.
The woman is Married;
She has Sexual intercourse with a man not her husband; and
As regards the man with whom she had sexual intercourse, he
must Know her to be married.
GIST OF THE CRIME OF ADULTERY
The gist of the crime of adultery is the danger of introducing
spurious heirs into the family, whereby the rights of the real heirs
may be impaired and a man may be charged with the
maintenance of a family not his own.
TAKE NOTE


The death of the paramour will not bar prosecution
against the unfaithful wife, because the requirement
that both offenders be included in the complaint is
absolute only when the offenders are alive
The death of the offended party will not terminate the
proceedings.
REQUISITES FOR PARDON
1.
2.
Must come before the institution of the criminal prosecution;
and
Both offenders must be pardoned.
TAKE NOTE



If the offended party pardons only the wife, the dismissal of the
case shall not prosper. The offended spouse must pardon both
the offending spouse and the co-defendant man
Pardon may be given at any stage of the institution of the
crime, since it is not a crime de officio. It is a private crime in
which the only person who may institute the crime is the lawful
and current offended spouse.
An act of having intercourse subsequent to the adulterous
conduct implies a pardon.
ARTICLE 334
CONCUBINAGE
ELEMENTS
1.
2.
a.
b.
c.
3.
The man must be Married;
He committed any of the following acts:
By Keeping a mistress in the conjugal dwelling;
By having Sexual intercourse, under scandalous circumstances,
with a woman who is not his wife; or
By Cohabiting with a woman who is not his wife in any other
places.; and
That as regards to the woman, she must Know him to be
married.
TAKE NOTE

A married man is liable for concubinage only when he does any
of the three acts specified in Art. 334. If his sexual relations
with a woman not his wife is not any one of them, he is not
criminally liable.
TAKE NOTE

When a married man commits infidelity with a married woman,
he offends his wife and the husband of the other woman. He
also violates two provisions of the law. Hence, he can be both
liable for adultery and concubinage for the same act of illicit
intercourse if his wife and the offended husband of his
paramour files a separate complaint against him and the
offending wife
ARTICLE 336
ACTS OF LASCIVIOUSNESS
ELEMENTS
1.
2.
3.
That the offender commits any act of lasciviousness of
lewdness
That the AOL if committed against a person of either
sex
It is done through, force or intimidation; victim is
deprived of reason or otherwise unconscious; offended
party is under 16 years of age or is demented
TAKE NOTE



“Lewd” means obscene, lustful, indecent, lecherous. It signifies
that form of immorality which has relation to moral impurity; or
that which is carried on a wanton manner.
When there is no lewd design, the offender may only be
convicted of unjust vexation.
There is neither attempted nor frustrated acts of
lasciviousness. From the moment the offender performs all the
elements necessary for the existence of the felony, he actually
attains his purpose and, from that moment, all the essential
elements of the offense have been accomplished.
TAKE NOTE



The acts of embracing, kissing of a woman arising either out of
passion or other motive and the touching of her breast as mere
incident of the embrace without lewd design constitutes
merely unjust vexation.
Where the kissing, embracing and the touching of the breast of
a woman are done with lewd design, the same constitute acts
of lasciviousness.
The mere act of lying on top of the alleged victim, even if naked,
does not constitute rape; the felony of acts of lasciviousness is
a crime included in rape.
TAKE NOTE

What constitutes lewd or lascivious acts shall be determined
from the circumstances if each case.
ARTICLE 337
QUALIFIED SEDUCTION
TWO CLASSES OF QUALIFIED SEDUCTION
1.
2.
Seduction of a minor, sixteen years and over but under 18 years
of age by certain persons, such as, a person in authority, priest,
teacher, or any person who, in any capacity, was entrusted with
the education or custody of the woman seduced; and
Seduction of a sister by her brother, or descendant by her
ascendant, whether or not she be a virgin or over 18 years of
age.
ELEMENTS OF QS OF A MINOR/VIRGIN
1.
2.
3.
4.
Offended party is a Virgin (chaste character/good reputation);
She must be 16 and over but under 18 years of age;
The offender had Sexual intercourse with her; and
There is Abuse of authority, confidence, or relationship on the
part of the offender.
ELEMENTS OF QS OF A SISTER/DESCENDANT
1.
2.
3.
4.
Offended party is a Sister or descendant, whether or not she
be a virgin or over eighteen years of age;
Relationship must be Consanguinity;
The offender had Sexual intercourse with her; and
There is Abuse of authority, confidence, or relationship on the
part of the offender.
ABUSED THEIR AUTHORITY
1.
2.
3.
4.
Persons in Authority
Guardian
Teacher; and
Person who, in any capacity, is entrusted with the
education or custody of the woman seduced.
ABUSED CONFIDENCE REPOSED IN THEM
1.
2.
3.
Priest
House Servant; and
Domestic Helper
THOSE WHO ABUSE THEIR RELATIONSHIP
1.
2.
Brother who seduced his sister; and
Ascendant who seduce his descendant
ARTICLE 338
SIMPLE SEDUCTION
ELEMENTS
1.
2.
3.
4.
Offended party is minor, 16 and over but under 18 years of age;
She must be of Good reputation, single or widow;
The offender had Sexual intercourse with her; and
It is committed by means of Deceit.
TAKE NOTE




Virginity of the victim is not required in simple seduction.
Deceit generally takes the form of unfulfilled promise of
marriage and this promise need not immediately precede the
carnal act.
Promise of marriage after sexual intercourse is not deceit.
The man may be willing and ready to marry the offended party
but simple seduction is still committed when the man knows
that she cannot legally consent to the marriage.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH CONSENT OF OP
ELEMENTS
1.
2.
a.
b.
3.
The offender commits Acts of lasciviousness or lewdness;
The acts are committed upon a woman who is:
A Virgin or single of good reputation, under 18 but over 12 years
of age; and
A Sister or descendant regardless of her reputation or age.
The offender accomplishes the acts by Abuse of authority,
confidence, relationship, or deceit.
ARTICLE 340
CORRUPTION OF MINORS
ELEMENTS
1.
2.
The offender Promotes or facilitates the prostitution or
corruption of persons under age; and
The purpose is to Satisfy the lust of another.
ARTICLE 342
FORCIBLE ABDUCTION
ELEMENTS
1.
2.
3.
A person Abducts any woman, regardless of her age, civil
status, or reputation.
Abduction is Against her will; and
Abduction is with Lewd designs.
TAKE NOTE



Abduction – is meant the taking away of a woman from her
house or the place where she may be for the purpose of
carrying her to another place with intent to marry or corrupt
her.
Forcible abduction is absorbed in rape where the main
objective was to rape the victim.
Where the violent taking of a woman is motivated by lewd
designs, the crime is forcible abduction. When it is not so, it is
kidnapping and serious illegal detention.
TAKE NOTE


If the victim is under 16 years of age, the crime is forcible
abduction even if she voluntarily goes with her abductor. It is
not necessary that she be taken against her will.
If the victim’s consent was obtained thru deceit, and there was
therefore no valid consent, the crime is forcible abduction, as
the deceit may be considered as constructive force.
TAKE NOTE

Forcible abduction with rape is a complex crime that occurs
when there is carnal knowledge with the abducted woman: by
using force or intimidation; when the woman is deprived or
reason or otherwise unconscious; and when the woman is
under 16 years of age or is demented.
ARTICLE 343
CONSENTED ABDUCTION
ELEMENTS
1.
2.
3.
4.
The offended party is a Virgin or a person with good reputation;
Offended party must be Over 12 and under 18;
The taking away of the offended party is with the Consent after
solicitation or cajolery from the offender; and
The taking away of the offended party must be with Lewd
designs.
CRIMES AGAINST CIVIL
STATUS OF PERSONS
ARTICLES 347 TO 352 SIMULATION OF BIRTHS TO
PERFORMANCE OF ILLEGAL MARRIAGE
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD
FOR
ANOTHER,
AND
CONCEALMENT
OR
ABANDONMENT OF A LEGITIMATE CHILD
WHEN IS THERE SIMULATION OF BIRTH?
Simulation of birth takes place when the woman pretends to be
pregnant when in fact she is not, and on the day of the supposed
delivery, takes the child of another as her own
CONCEALING OR ABANDONING OF A LC
1.
2.
3.
The child must be legitimate
The offender conceals or abandons such child; and
The offender has the intent to cause such child to lose its civil
status
ARTICLE 349
BIGAMY
ELEMENTS
1.
2.
3.
4.
The offender is Legally married;
The marriage has not been legally Dissolved or, in the case the
spouse is absent, the absent spouse could not yet be
Presumed dead in accordance to the Civil Code;
He Contracts a second or subsequent marriage; and
The second or subsequent marriage contains all the Essential
requisites for validity.
TAKE NOTE



One who contracts a second marriage while a former legal
marriage is still existing and undissolved.
One who contracts a second marriage before the absent
spouse has been declared presumptively dead by means of a
judgment.
One who contracts a second marriage before the judicial
declaration of the first marriage.
TAKE NOTE



The provision of bigamy does not apply to persons married
under the Muslim Code.
Bigamy is not a private crime, it is an offense against the State.
Hence, it can be prosecuted even without the initiative of the
offended spouse (from discovery)
A pardon by the offended spouse does not extinguish criminal
action considering that a crime is committed against the State.
CRIMES AGAINST HONOR
ARTICLES 353 TO 364 LIBEL TO INTRIGUING AGAINST HONOR
ARTICLE 353
LIBEL
ELEMENTS
1.
2.
3.
4.
There must be an Imputation of a crime, a vice or defect, real or
imaginary, or any act, omission, condition, status, or
circumstance;
The imputation must be made Publicly;
The publication must be Malicious;
The imputation must be Directed at an identifiable natural or
juridical person, or one who is dead; and
ELEMENTS
5.
The imputation must Tend to cause the:
a.
Dishonor, (disgrace, scheme, ignominy);
Discredit, (loss of credit or reputation, disesteem);
Contempt of a natural or juridical person (state of being
despised); or
To blacken the memory of one who is dead
b.
c.
d.
TAKE NOTE


Test of Defamatory Imputation: It is the words used construed
in its entirety and taken in their plain, natural and ordinary
meaning as they would naturally be understood by the person
reading them, unless it appears that they were used and in
another sense.
Defamation, which includes libel and slander, means the
offense of injuring a person’s character, fame or reputation
through false and malicious statements. It is the publication of
anything which is injurious to the good name or reputation of
another or tends to bring him into disrepute.
TAKE NOTE

a.
b.
c.
Imputation may cover:
Crime allegedly committed by the offended party;
Vice or defect, real or imaginary, of the offended party;
Any act, omission, condition, status of, or circumstances
relating to the offended party.
TAKE NOTE


If the defamation is made on different occasion or by
independent acts, there are as many crimes of libel as there are
persons directly addressed with such statements or directly
referred to;
Where the same was directed at a class or group of numerous
persons in general terms only without any particular person
being directly addressed, there is no victim identified or
identifiable, hence no actionable libel.
TAKE NOTE



If the statement is so sweeping or all-embracing as to apply to
every individual in that group or class so that the defamatory
statement specifically pointed to him, he can bring his action
separately.
If several identifiable victims are libeled in a single article, there
are as many crimes of libel as there are persons defamed.
In order to maintain a libel suit, it is essential that the victim be
identifiable, although not necessary that he be named.
TAKE NOTE

Multiple Publication Rule in Libel states that each and
every publication of the same libel constitutes a
distinct offense. Every time the same written matter is
communicated, such communication is considered a
distinct and separate publication of libel.
ARTICLE 358
SLANDER
SLANDER; DEFINED
Slander is oral defamation
Slander is libel committed by oral (spoken) means,
instead of in writing. It is the speaking of base and
defamatory words which tend to prejudice another in his
reputation, office, trade, business or means of livelihood.
TAKE NOTE:


Calling a person gangster is simple slander
The slander need not be heard by the offended party because
a man’s reputation is the estimate in which others hold him, not
the good opinion which he has of himself.
TAKE NOTE:


If the defamatory words were uttered in the heat of anger, with
some provocation on the part of the offended party, the crime
is only slight oral defamation.
The expression “putang ina mo” is a common enough utterance
in the dialect that is often employed, not really to slander but
rather to express anger or displeasure. In fact, more often, it is
just an expletive that punctuates one’s expression of profanity.
ARTICLE 359
SLANDER BY DEED
ELEMENTS
1.
2.
3.
The offender performs any Act not included in any other crime
against honor;
Such act is performed in the Presence of other persons; and
Such act Casts dishonor, discredit, or contempt upon the
offended party.
TAKE NOTE



Slapping the face of another is slander by deed if the intention
of the accused is to cause humiliation and shame. Pointing a
dirty finger constitutes slander by deed.
Seriousness of slander by deed depends on the social standing
of the offended party, the circumstances present or
surrounding the commission of the act and the occasion.
There is no fixed standard in determining whether a slander is
serious or not; hence, the courts have sufficient discretion to
determine the same, basing the finding on the attendant
circumstances and matters relevant thereto.
TAKE NOTE

Kissing a girl in public and touching her breast without
lewd designs, committed by a rejected suitor to cast
dishonor on the girl was held to be slander by deed and
not acts of lasciviousness.
ARTICLE 360
PERSONS LIABLE FOR LIBEL
PERSONS LIABLE
1.
2.
3.
4.
Any person who shall Publish, exhibit, or cause the publication
or exhibition of any defamation in writing or by similar means;
The Author or editor of a book or pamphlet;
The Editor or business manager of a daily newspaper, magazine,
or serial publication; or
The Owner of the printing plant which publishes a libelous
article with his consent and all other persons who, in any way,
participate in or have connection with its publication.
ARTICLE 363
INCRIMINATING INNOCENT PERSONS
ELEMENTS
1.
2.
3.
That the offender performs an act;
That by such act he directly incriminates or imputes to an
innocent person the commission of a crime; and
That such act does not constitute perjury
It is limited to the act of planting evidence and the like in order to
incriminate an innocent person.
ARTICLE 364
INTRIGUING AGAINST HONOR
INTRIGUING AGAINST HONOR; DEFINED
It is any intrigue which has for its principal purpose to
blemish the honor and reputation of a person.
The offender resorts to gossips for the purpose of
disparaging the honor or reputation of another.
TAKE NOTE



Source cannot be determined
Committed through some tricky and secret plot
Remarks may be true or not
QUASI-OFFENSES
ARTICLES 365 IMPRUDENCE AND NEGLIGENCE
ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
ELEMENTS OF RECKLESS IMPRUDENCE
1.
2.
3.
4.
The offender Does or fails to do an act;
The doing of or the failure to do an act is Voluntary;
Without malice;
Material Damage results; and
ELEMENTS OF RECKLESS IMPRUDENCE
5.
There is Inexcusable lack of precaution on the part of the
offender, taking into consideration:
a.
His Employment or occupation;
Degree of intelligence, Physical condition; and
Other circumstances regarding persons, time and place.
b.
c.
ELEMENTS OF SIMPLE NEGLIGENCE
1.
2.
There is a Lack of precaution on the part of the offender; and
The damage impending to be caused is Not immediate nor the
danger clearly manifest.
TAKE NOTE


It is submitted that criminal negligence is both a felony and a
modality of its commission. It is a felony because Art. 365 of
the Revised Penal Code treats criminal negligence as a felony. It
punishes reckless imprudence and simple imprudence. Thus, it
punishes Reckless Imprudence Resulting in Homicide, etc.
It is also a modality in the commission of a felony because
there are felonies which result from criminal negligence such as
Malversation thru negligence (Art. 224) and Failure to render
accounts. (Art. 218)
TAKE NOTE


Criminal Negligence – consists in the execution of an
imprudent or negligent act that, if intentionally done would be
punishable into a felony.
Negligence – failure to observe for the protection of the
interests of another person that degree of care, precaution, and
vigilance which the circumstances justly demand, whereby
such other person suffers injury
TAKE NOTE

Reckless Imprudence – consists in voluntary, but without
malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution on
the part of the person performing or failing to perform such act,
taking into consideration: (1) his employment or occupation; (2)
his degree of intelligence; (3) his physical condition; and (4)
other circumstances regarding persons, time and place.
TAKE NOTE


Simple Imprudence - consists in the lack of precaution
displayed in those cases in which the damage impending to be
caused is not immediate nor the danger clearly manifest.
In order for conviction to be decreed for reckless imprudence,
the material damage suffered by the victim, the failure in
precaution on the part of the accused, and the direct link
between material damage and failure in precaution must be
established beyond reasonable doubt.
TAKE NOTE

Doctrine of Last Clear Chance – where both parties are
negligent but the negligent act of one is appreciable later in
point of time than that of the other, or where it is impossible to
determine whose fault or negligence brought about the
occurrence of the incident, the one who had the last clear
opportunity to avoid the impending harm but failed to do so, is
chargeable with the consequences arising therefrom.
TAKE NOTE


Emergency Rule – Lack of opportunity to consider the wisest
choice because of the negligence of another is not guilty of
negligence if he makes such choice which a person of ordinary
prudence placed in such position might make
The “Emergency” doctrine is applicable only where the
situation which arises to confront the actor is sudden and
unexpected, and is such as to deprive him of all opportunity for
deliberation.
TAKE NOTE


Ivler Doctrine – The Supreme Court held that reckless
imprudence or negligence is a crime in itself.
Hence, once convicted or acquitted of a specific act of
reckless imprudence, the accused may not be prosecuted
again for that same act. The law penalizes the negligent or
careless act, not the result thereof.
IMPRUDENCE
1.
2.
3.
Deficiency of action
Failure in Precaution
One must take the
necessary precaution
once they are foreseen
NEGLIGENCE
1.
2.
3.
Deficiency of perception
Failure in advertence
Paying proper attention
and using due diligence
in foreseeing them