San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
TITLE ONE:
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Section One: Treason and Espionage
ARTICLE 114
TREASON
Treason – a breach of allegiance to a
government, committed by a person who owes
allegiance to it.
Allegiance – the obligation of fidelity and
obedience which the individual owes to the
government under which he lives or to his
sovereign, in return for the protection he
receives. Hence an alien residing in the
Philippines may be prosecuted for acts of
treason due to the temporary allegiance he
owes to the Philippine government.
Elements of treason:
1. That the offender owes allegiance to the
Government of the Philippines; (a Filipino
citizen or an alien residing in the
Philippines.)
 Place of commission:
 Filipino Citizen: anywhere (Art.2,
RPC)
 Alien: only in the Philippines (EO
44) except in case of conspiracy
An
alien
owes
permanent
allegiance to his own country, at
the same time, a temporary
allegiance to the country where he
resides.
2. That there is a war in which the Philippines
is involved;
 Treason is a war crime. It remains
dormant until the emergency arises.
 But as soon as war starts, it is put into
effect (Laurel vs. Misa, 77 Phil 865
[1946])
3. That the offender either (modes of
committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them
aid or comfort.
Ways of being committed:
1. Levying war
 It means that (a) there is an actual
assembling of men (b) for the purpose
of executing a treasonable design by
force.
 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 (U.S. vs
Lagnason, 3 Phil 495)
 The levying of war must be with intent
to overthrow the government not
merely to resist a particular statute or
to repel a particular officer. It is not
necessary that those attempting to
overthrow the government by force of
arms should have the apparent power
to succeed in their design, in whole or
in part.
Treason by Levying
War
Rebellion
The purpose of levying Such purpose is not
necessary. (e.g. civil
war is to help the
enemy.
uprising)
Treason
Sedition
Philippines must be at
war
with
another
country
Internal conflict
Violation of
allegiance
oath
of Causing disturbances
in one’s country
Adherence to the enemies, giving them aid
and comfort
 Requires BOTH
1. adherence to the enemies, and
2. giving of aid or comfort to them
Note: Mere adherence without its physical
manifestation through the giving of aid or
EXECUTIVE COMMITTEE:
EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics, DJOANIVIE JOMARE
JUNASA chairperson for hotel operations, MARIE MICAELA STA. ANA vice-chairperson for operations, MIKHAIL MAVERICK
TUMACDER vice-chairperson for secretariat, JACKIE LOU LAMUG vice-chairperson for finance, DIANA JEAN TUAZON vicechairperson for edp, JASSEN RALPH LEE vice-chairperson for logistics
SUBJECT COMMITTEE:
JO ANN MARIE O. CASIO subject chair, VENICE BUAGÑIN assistant subject chair, STEVEN MICHAEL D. GALA edp,
MARIONNE ROSABELL LACUNA book one, MARIS DONNA KWOK book two, MA. KATRINA RIVERA special penal laws
MEMBERS:
Karell Marie G. Lascano, Katrina Jorelle P. Villena, Clare Marie F. Ortega, Hera Aiza Marie A. Barona, Nicole Alora G. Julian ,
Rozzalle Gonzales, Sheena Antlan, Diana Jean De Castro, Beatrice Valerie S. Guillermo, Raynan Larosa, Kamille Deanne
Lagasca, Jose Angelo David
CRIMINAL LAW
BOOK TWO
comfort is not sufficient to constitute
treason. Both adherence and the giving of
aid or comfort to the enemy must concur.


The term “enemy” applies only to the
subjects of a foreign power in a state of
hostility with the traitor’s country. It does
not embrace rebels in insurrection against
their own country, for in that case the
crime would be rebellion.
The act committed need not actually
strengthen the enemy or be successful.
However, the act must be such that it
directly and materially tends to improve
the conduct of war of the enemy.
act. It is not necessary that there be
corroboration between them.
2. Confession of guilt by the accused in open
court.



“Adherence to enemy”
It means that there is an intent to betray. The
accused intellectually or emotionally favors the
enemy and harbors sympathies or convictions
disloyal to his country’s policy or interest.
“Rendering 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 or any act which
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the
enemy.




Extent of aid or comfort - it must be a deed
or physical activity and not merely a
mental operation
Giving information to (People vs. Paar, 86
Phil. 864), or commandeering foodstuffs
(People vs. Mangahas, 93 Phil 113) for the
enemy is evidence of both adherence and
aid or comfort.
Being a Makapili constitutes an overt act
of psychological comfort. It was no
different from that of enlisting in the
invader's army (People vs. Adriano, 78
Phil 563
Adherence may be proved:
1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the
act.
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to
the same overt act (two-witness rule); or
 The testimonies must refer to the
same act, place and moment of time.
 If the overt act is separable, two
witnesses must also testify to each
part of the overt act.
 It is sufficient that the witnesses are
uniform in their testimony on the overt
76


Treason absorbs crimes committed in
furtherance thereof. Treason cannot be
complexed with other crimes.
Treason is a CONTINUOUS OFFENSE.
All overt acts of treason that the accused
has committed constitute a single offense.
Defenses:
 Allowed:
Duress
and
fear
of
immediate death; Obedience to a de
facto government (Mere acceptance of
public office and discharge of official
duties under the enemy do not
constitute per se the felony of treason.
BUT when the position is policydetermining, the acceptance of public
office and the discharge of official
duties constitute treason.)
 NOT allowed: Suspended allegiance
(since sovereignty is not suspended in
times of war, only the exercise
thereof); Change in sovereignty; Loss
of citizenship.
There is no treason thru negligence. The
overt act of giving aid or comfort to the
enemy must be intentional.
Circumstances inherent in treason:
treachery, abuse of superior strength and
evident premeditation
Circumstances aggravating in treason:
ignominy, cruelty, amount or degree of aid,
gravity of separate distinct acts of treason
ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON
Conspiracy to commit treason – 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 (Arts. 8 and 114)
Proposal to commit treason – committed
when in time of war a person 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 (Arts. 8 and 114)

As a general rule, conspiracy and proposal
to commit a felony is not punishable
(Article 8), Art 115 is an exception as it
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS


specifically penalizes conspiracy and
proposal to commit treason.
The two-witness rule does NOT apply
because this is a separate and distinct
offense.
These felonies are absorbed if treason is
actually committed.
ARTICLE 116
MISPRISION OF TREASON
Elements:
1. That the offender is a citizen of the
Philippines;
2. That he has knowledge of any conspiracy
against the Government;
3. That the conspiracy is one to commit
treason;
4. That he conceals or does not disclose and
make known the same as soon as
possible to the proper authority.



Art. 116 does NOT apply when treason is
already committed and the accused does
not report its commission.
Art 116 is an EXCEPTION to the rule that
mere silence does not make a person
criminally liable.
The phrase “shall be punished as an
accessory to the crime of treason,”
mentioned in the provision, does not mean
that the offender is, legally speaking, an
accessory to the crime of treason because
he is already a principal in the crime of
misprision of treason. It simply means that
the penalty imposed is that of an
accessory to the crime of treason.
ARTICLE 117
ESPIONAGE
Espionage – 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 Republic of the Philippines or to
the advantage of a foreign nation.
Two ways of committing:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan
or other data of confidential nature relative
to the defense of the Philippines
Elements:
a. That the offender enters any of the
places mentioned therein;
b. That he has no authority therefor;
c. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.

Offender must have the intention to
obtain information relative to the
defense of the Philippines. However, it
is not necessary that the information is
actually obtained.
2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office
he holds.
Elements:
a. That the offender is a public officer;
b. That he has in his possession the
articles, data or information referred to
in par. 1 of Art. 117, by reason of the
public office he holds;
c. That he discloses their contents to a
representative of a foreign nation.
COMMONWEALTH ACT NO. 616
An Act to Punish Espionage and
Other Offenses Against National
Security Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or
otherwise
obtaining
information
concerning any vessel, aircraft, work
of defense or other place connected
with the national defense or any other
place where any vessels, aircrafts,
arms, munitions or other materials for
use in time of war are being made, or
stored, for the purpose of obtaining
information
respecting
national
defense, with intent to use it to the
injury of the Philippines or to the
advantage of any foreign nation.
b. By copying, taking, making or
patenting or inducing or aiding another
to copy, take, make or obtain any
sketch, photograph, photographic
negative,
blueprint,
plan,
map
instrument,
appliance,
document,
writing or note of anything connected
with the national defense, for the same
purpose and with like intent as in par.
A.
c. By receiving or obtaining or agreeing
or attempting or inducing or aiding
77
CRIMINAL LAW
BOOK TWO
another to receive or obtain from any
sources any of those data mentioned
in par. B, code book or signal book,
knowing that it will be obtained or
disposed by any person contrary to the
provisions of this act.
d. By communicating or transmitting, or
attempting to communicate or transmit
to any person not entitled to receive it,
by willfully retaining and failing to
deliver it on demand to any officer or
employee entitled to receive it, the
offender being in possession of,
having access to, control over, or
being entrusted with any of the data
mentioned in par. B, or code book or
signal book.
e. By
permitting,
through
gross
negligence, to be removed from its
proper place or custody or delivered to
anyone in violation of his trust, or to be
lost, stolen, abstracted or destroyed
any of the data mentioned in par B,
code book or signal book, the offender
being entrusted with or having lawful
possession or control of the same.
2. Unlawfully disclosing information affecting
national defense
Ways of violating Sec. 2:
a. By communicating, delivering or
transmitting or attempting or aiding or
inducing another to do it, to any
foreign government or any faction or
party or military or naval force within a
foreign country, whether recognized or
unrecognized by the Philippines, or to
any representative, officer, employee,
subject or citizen thereof, any of the
data mentioned in par. B of Sec. 1
hereof, code book or signal book.
b. In time of war, by collecting, recording,
publishing or communicating or
attempting to elicit any information with
respect to the movement, number,
description, condition, or disposition of
any of the armed forces, ships,
aircraft, or war materials of the
Philippines, or with respect to the
plans or conduct of any military, naval
or air operations or with respect to any
works or measures undertaken for the
fortification or defense of any place, or
any other information relating to the
public defense, which might be useful
to the enemy.
3. Disloyal acts or words in time of peace
Ways of violating Sec. 3:
a. By advising, counseling, urging or in
any other manner by causing
78
insubordination, disloyalty, mutiny or
refusal of duty of any member of the
military, naval or air forces of the
Philippines.
b. By distributing any written or printed
matter which advises, counsels, or
urges such insubordination, disloyalty,
mutiny, or refusal of duty.
4. Disloyal acts or words in time of war
Ways of violating Sec. 4:
a. By willfully making or conveying false
reports or false statements with intent
to interfere with the operations or
success of the Armed Forces of the
Philippines.
b. To promote the success of its
enemies, by willfully causing or
attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in
the Armed Forces of the Philippines.
c. By willfully obstructing the recruiting or
enlistment service.
5. Conspiracy to commit the preceding acts
Requisites:
a. Two or more persons conspire to
violate the provisions of Sec. 1, 2, 3
or 4 of this Act;
b. One or more of such persons do any
act to effect the object of the
conspiracy.
6. Harboring or concealing violators of the
Act
Requisites:
a. The offender knows that a person has
committed or is about to commit an
offense under this Act;
b. The offender harbors or conceals such
person.
7.
Making any photograph, sketch, picture,
drawing, map or graphical representation
of vital military, naval and air installations
or equipment as defined by the Philippine
President as requiring protection against
the general dissemination of information
relative thereto UNLESS he obtains the
permission of the commanding officer (or
higher authority).of post, camp or station
concerned and promptly submits the
product
obtained
to
the
same
commanding officer (or higher authority).
8.
Using or permitting or procuring the use
of an aircraft for the same purpose of
violating #7.
Reproducing, publishing, selling, or giving
9.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
away of uncensored copies of those
mentioned under #7 without the
permission of the commanding officer (or
higher authority.
10. Destroying or injuring or attempting to
injure or destroy war material (when the
country is at war) or national defense
material, premises or utilities (even if the
country is not at war).
11. Making or causing to be made in a
defective manner, or attempting to make
or cause to be made in a defective
manner, war material (when the country
is at war) or national defense material
(even if the country is not at war).
Espionage
Treason
Both are crimes not conditioned by the citizenship of
the offender.
May be committed both Is committed only in time
in time of peace and in of war.
time of war.
May be committed in Is limited to two ways of
many ways.
committing the crime:
levying
war,
and
adhering to the enemy
giving them aid or
comfort
SECTION TWO: PROVOKING WAR AND
DISLOYALTY IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements:
1. That the offender performs unlawful or
unauthorized acts;
2. That such acts provoke or give occasion
for
a. A war involving or liable to involve the
Philippines or
b. Expose Filipino citizens to reprisals on
their persons and property.
 Intention of the accused is immaterial.
 This is committed in time of peace.
 Penalty is higher when the offender is a
public officer or employee.
Reprisal- is an act of self-help on the part of
the injured state, responding after an
unsatisfied demand to an act contrary to
international law on the part of the offending
state
(Naulilaa
Incident
Arbitration,
Portuguese-German Arbitral Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. That there is a war in which the Philippines
is not involved;
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality;
3. That the offender violates such regulation.
Neutrality – the condition of a nation that in
time of war takes no part in the dispute but
continues peaceful dealings with the
belligerents
 There must be a regulation issued by
competent authority (President or the
Chief of Staff of the AFP) for the
enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
Elements:
1. That it is made in time of war in which the
Philippines is involved;
2. That the offender makes correspondence
with the:
a. Enemy country or
b. Territory occupied by the enemy
troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional
signs; or
c. If notice or information be given
thereby which might be useful to the
enemy.
Correspondence – communication by means
of letters; or it may refer to the letters which
pass between those who have friendly or
business relations.
 Even if the correspondence contains
innocent matters, if the correspondence
has been prohibited by the government, it
is punishable because of the possibility
that some information useful to the enemy
might be revealed unwittingly.
 Prohibition by the Government is NOT
essential when the correspondence is
carried on in ciphers or useful to the
enemy.
Circumstances qualifying the offense
The following must concur:
1. That the notice or information might be
useful to the enemy;
79
CRIMINAL LAW
BOOK TWO
2. That the offender intended to aid the
enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
1. That there is a war in which the Philippines
is involved;
2. That the offender owes allegiance to the
Government;
3. That the offender attempts to flee or go to
the enemy country;
4. That going to the enemy country is
prohibited by the competent authority.


An alien resident may be guilty of flight to
enemy country, because an alien owes
allegiance to the Philippine government
albeit temporary.
Mere attempt to flee or go to enemy
country consummates the crime.
SECTION THREE: PIRACY AND MUTINY ON
THE HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
Piracy – it 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.
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the
high seas or in Philippine waters;
2. 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.
Elements of piracy:
1. That a vessel is on the high seas or on
Philippine waters;
2. That the offenders are NOT members of its
complement or passengers of the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complement or
passengers.
High seas – waters which are beyond the
boundaries of the low-water mark, although
such waters may be in the jurisdictional limits
of a foreign government; parts of the sea that
are not included in the exclusive economic
80
zone, in the territorial seas, or in the internal
waters of a state, or in the archipelagic waters
of an archipelagic state (United Nations
Convention on the Law of the Sea).
Philippine waters – shall refer to all bodies of
water, such as but not limited to seas, gulfs,
bays, around, between and connecting each of
the islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or
dimension, and all waters belonging to the
Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the
Philippines has sovereignty and jurisdiction
(Sec. 2, P.D. 532).

Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
country where the offender may be found
or into which he may be carried.
Mutiny – the unlawful resistance to a superior,
or the raising of commotions and disturbances
on board a ship against the authority of its
commander.
Piracy under RPC
Mutiny
Place of commission: Either in Philippine waters or
on the high seas
The persons who attack Mutiny is committed by
a vessel or seize its members of the crew or
cargo are strangers to passengers.
the vessels.
Intent
to
essential.
gain
is The offenders may only
intend to ignore the
ship’s officers or they
may be prompted by a
desire to commit plunder.
PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway
Robbery Law of 1974
Vessel – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
Piracy under RPC
Piracy under
PD 532
Punishes
piracy Punishes
piracy
committed
either
in committed in Philippine
Philippine waters or on waters only.
the high seas.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Piracy under RPC
Piracy under
PD 532
Offenders:
Non- Offenders: any person
passengers
or
non- (may be a passenger,
members of the crew, in crew or a stranger).
short, strangers to the
vessel.
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet
piracy will be considered as an accomplice in
the commission of piracy and punished
according to the rules under the RPC.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by
such pirates, or in any manner derives any
benefit therefrom;
3. Directly or indirectly abets the commission
of piracy.
ARTICLE 123
QUALIFIED PIRACY
Acts Punished
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight; or
compelling the pilots thereof to change its
course or destination;
Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may
amount to coercion or threat. When death
results, the crime is homicide or murder,
as the case may be.
2. Usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, or compelling the pilots thereof to
land in any part of Philippine territory;
Aggravating circumstances to acts
punished under 1 and 2:
a. When the offender has fired upon the
pilot, member of the crew, or
passenger of the aircraft;
b. When the offender has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft;
c. Whenever the crime is accompanied
by murder, homicide, serious physical
injuries or rape. (Thus, such common
crimes are considered aggravating
circumstances only; they are not
separated from or complexed with the
crime of hijacking)
Qualifying Circumstances:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the
same;
2. Whenever the pirates have abandoned
their victims without means of saving
themselves;
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or
rape.
 The “crimes” mentioned in the article
which are qualified are piracy and
mutiny on the high seas.
 Qualified piracy is a SPECIAL
COMPLEX CRIME punishable by
reclusión
perpetua
to
death,
regardless of the number of victims.
 Offenders are not liable for the
separate crimes of murder, homicide,
physical injuries, or rape.
3. Carrying or loading on board
operating as a public utility
aircraft in the Philippines
corrosive,
explosive
or
substances;
Qualified Mutiny: When the second or the
third circumstance accompanies the crime of
mutiny mentioned under Art. 122, mutiny is
then qualified. First circumstance may not
qualify the crime of mutiny.
Note: There is no attempted hijacking since it
is punishable under a special law and
attempted stage is not punishable under the
said law.
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
TITLE TWO:
CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
Meaning of “aircraft is in flight” - from the
moment all exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.
an aircraft
passenger
flammable,
poisonous
4. Loading, shipping, or transporting on
board a cargo aircraft operating as a
public utility in the Philippines, flammable,
corrosive, or poisonous substance if not
done in accordance with the rules and
regulations of the Air Transportation
Office.
All offenses in this Title are required to be
committed by public officers except offending
the religious feelings.
81
CRIMINAL LAW
BOOK TWO
CHAPTER ONE: ARBITRARY DETENTION
OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMES
AGAINST RELIGIOUS WORSHIP (ARTS.
124-133)
SECTION ONE: ARBITRARY DETENTION
AND EXPULSION
ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or
employee;
2. That he detains a person;
3. That the detention is without legal ground.
Detention – a person is detained when he is
placed in confinement or there is restraint on
his person.
 Detention need not involve any physical
restraint.
Psychological
restraint
is
sufficient. If the acts and actuations of the
accused can produce such fear in the
mind of the victim sufficient to paralyze the
latter, to the extent that the victim is
compelled to limit his own actions and
movements in accordance with the wishes
of the accused, then the victim is, for all
intents and purposes, detained against his
will (Astorga vs. People, G. R. No. 154130
Oct. 1, 2003).
Legal grounds for the detention of
persons:
1. The commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
Note: This is list is not exclusive so long
as the ground is considered legal (e.g. in
contempt of court, under quarantine, or a
foreigner to be deported).



82
The public officer liable for arbitrary
detention must be vested with authority to
detain or order the detention of persons
accused of a crime, but when they detain
a person they have no legal grounds
therefor.
If the detention is perpetrated by other
public officers NOT vested with authority
or any private individual, the crime
committed is illegal detention (Art. 267 or
268).
The penalty for Arbitrary Detention

depends upon the period of detention
involved. A greater penalty is imposed if
the period is longer.
Arrest without a warrant is the usual cause
of arbitrary detention. The crime of
unlawful arrest is, however, absorbed in
the crime of arbitrary detention.
Arrest without warrant – when LAWFUL:
1. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
 “In his presence” – when the officer
sees the offense being committed,
although at a distance, or hears the
disturbance created thereby and
proceeds at once to the scene thereof,
or when the offense is continuing or
has not been consummated at the
time the arrest is made, the offense is
said to be committed in his presence.
(U.S. vs. Samonte, 16 Phil 516 [1910])
2. When an offense has in fact just been
committed, and he has probable cause to
believe based on personal knowledge of
facts and circumstances that the person to
be arrested has committed it;
3. When the person to be arrested is a
prisoner, has escaped from a penal
establishment, or place where he is
serving final judgment or temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another. (Sec. 5, Rule 113,
Revised Rules of Criminal Procedure)
 It may be committed through
imprudence.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or
employee;
2. That he has detained a person for some
legal ground (Sec. 5, Rule 113, Rules of
Court);
3. That he fails to deliver such person to the
proper judicial authorities within:
a. 12 hrs. for offenses punishable by light
penalties or their equivalent.
b. 18 hrs. for offenses punishable by
correctional
penalties
or
their
equivalent.
c. 36 hrs. for offenses punishable by
afflictive penalties or their equivalent.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Circumstances considered in determining
liability of officer detaining a person
beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of
surrender and the material possibility of
the fiscal to make the investigation and file
in time the necessary information.
Meaning of “proper judicial authorities”
It refers to the courts 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.
Reason for Article 125
It is intended to prevent any abuse resulting
from confining a person without informing him
of his offense and without permitting him to go
on bail.
 A private individual who makes a lawful
arrest must also comply with requirements
under Art. 125. If he fails to comply, he is
liable for the crime of ILLEGAL
DETENTION under Art. 267 or 268.
 The illegality of the detention is not cured
by the filing of information in court.
 Art. 125 applies only when the arrest is
made without a warrant of arrest but
lawful. It does NOT apply when the arrest
is by virtue of a warrant of arrest, in which
case he can be detained indefinitely. He
must, however, be delivered without
unnecessary delay to the nearest police
station or jail.
 Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
“Delivery to proper authorities”
It means filing of an information against the
person arrested with the corresponding court
or judge. It does not mean “physical delivery”.
Art. 124
Art. 125
The detention is illegal The detention is legal in
from the beginning.
the beginning but the
illegality of the detention
starts from the expiration
of any of the periods of
time specified in Art. 125,
without
the
person
detained having been
delivered to the proper
judicial authority
ARTICLE 126
DELAYING RELEASE
Three acts punished:
1. By delaying the performance of a judicial
or executive order for the release of a
prisoner;
2. By unduly delaying the service of the
notice of such order to said prisoner;
3. By unduly delaying the proceedings upon
any petition for the liberation of such
person.
Elements:
1. That the offender is a public officer or
employee;
2. That there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding
upon a petition for the liberation of such
person;
3. That the offender without good reason
delays either:
a. The service of the notice of such order
to the prisoner;
b. The performance of such judicial or
executive order for the release of the
prisoner; or
c. The proceedings upon a petition for
the release of such person.
Note: Most likely to be violated by wardens or
jailers.
ARTICLE 127
EXPULSION
Two acts punished:
1. By expelling a person from the Philippines;
2. By compelling a person to change his
residence.
Elements:
1. That the offender is a public officer or
employee;
2. That he expels any person from the
Philippines, or compels a person to
change his residence;
3. That the offender is not authorized to do so
by law.
Exception: (no expulsion) in cases of
ejectment, expropriation or when the penalty
of destierro is imposed.


Only the President of the Philippines is
authorized to deport aliens under the
Revised Administrative Code.
Only the court by a final judgment can
order a person to change residence
83
CRIMINAL LAW
BOOK TWO
SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE
Acts Punished
1. By entering any dwelling against the will of
the owner thereof;
2. By searching papers or other effects found
therein without the previous consent of
such owner;
3. By refusing to leave the premises, after
having
surreptitiously
entered
said
dwelling and after having been required to
leave the same.
Common elements:
1. That the offender is public officer or
employee;
2. That he is not authorized by judicial order
to enter the dwelling and/ or to make a
search for papers and for other effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by the
offender.

The offender must be a public officer or
employee. If he is a private individual, the
crime committed is TRESPASS TO
DWELLING.

In the first mode, lack of consent would not
suffice as the law requires that the
offender’s entry must be over the owner’s
objection.
In the second mode, mere lack of consent
is sufficient.
In the third mode, what is punished is the
refusal to leave, the entry having been
made surreptitiously.

It is believed, however, that if the
surreptitious entry had been made through
an opening not intended for that purpose,
the offender would be liable under the first
mode since it is entry over the implied
objection of the inhabitant.

Although the Code speaks of the owner of
the premises, it would be sufficient if the
inhabitant is the lawful occupant using the
premises as his dwelling, although he is
not the owner thereof.
84
“Against the will of owner”
It presupposes opposition or prohibition by the
owner, WHETHER EXPRESS OR IMPLIED,
and not merely the absence of consent.
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY
OBTAINED
Acts Punished:
1. Procuring a search warrant without just
cause
Elements:
a. That the offender is a public officer or
employee;
b. That he procures a search warrant;
c. That there is no just cause.
2. Exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured
Elements:
a. That the offender is a public officer or
employee;
b. That he has legally procured a search
warrant;
c. That he exceeds his authority or uses
unnecessary severity in executing the
same.
Search warrant – is an order in writing issued
in the name of the People of the Philippines,
signed by the judge and directed to a peace
officer, commanding him to search for
personal property described therein and bring
it before the court.
Requisite for the issuance of search
warrant
A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
things to be seized which may be anywhere in
the Philippines. (Sec. 4, Rule 126, Revised
Rules of Criminal Procedure)
Test of lack of just cause
Whether the affidavit filed in support of the
application for search warrant has been drawn
in such a manner that perjury could be
charged thereon and affiant can be held liable
for damages caused.
 If the search warrant is secured through a
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

SECTION THREE: PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS
false affidavit, the crime punished by this
article CANNOT be complexed but will be
a separate crime from perjury since the
penalty herein provided shall be IN
ADDITION TO the penalty of perjury.
A search warrant shall be valid for ten (10)
days from its date.
Instances when a warrantless search and
seizure is valid
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for
violation of immigration, customs, and
drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or
constructive borders;
6. Where the prohibited articles are in "plain
view";
7. Searches of buildings and premises to
enforce fire, sanitary, and building
regulations; and
8. "stop and frisk" operations. (People v.
Lopez GR No. 181747 September 29,
2008)
Note: The officer, if refused admittance to the
place of directed search after giving notice of
his purpose and authority, may break open
any outer or inner door or window of a house
or any part of a house or anything therein to
execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully
detained therein. (Sec. 7, Rule 126, Rules of
Court)
ARTICLE 131
PROHIBITION, INTERRUPTION, &
DISSOLUTION OF PEACEFUL MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving
without legal ground the holding of a
peaceful meeting;
2. Hindering any person from joining any
lawful association or from attending any of
its meetings;
3. Prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances.
Common elements:
1. That the offender is a public officer;
2. That he performs any of the
mentioned above



ARTICLE 130
SEARCHING DOMICILE WITHOUT
WITNESSES
acts
Right to conduct peaceful meeting is not
absolute. It may be regulated by the police
power of the state. However, there is a
legal ground to prohibit when the danger is
imminent and the evil to be prevented is a
serious one.
The offender must be a stranger, and not
a participant. If the offender is a
participant, the crime committed is unjust
vexation.
Interrupting and dissolving the meeting of
municipal council by a public officer is a
crime against a legislative body, not
punished under Art. 131 but under. Art.
143 and 144.
If the offender is a private individual, the
crime is disturbance of public order under
Art. 153.
Elements:
1. That the offender is a public officer or
employee;
2. That he searches the domicile, papers or
other belongings of any person;
3. That he is armed with a warrant;
4. That the owner or any member of his
family or two witnesses residing in the
same locality are not present.


Elements:
1. That the offender is a public officer or
employee;
2. That
religious
ceremonies
or
manifestations of any religion are about to
take place or are going on;
3. That the offender prevents or disturbs the
same.


The papers or other belongings must be in
the dwelling of their owner at the time the
search is made.
Art. 130 does NOT apply to searches of
vehicles or other means of transportation.
Search without warrant under the Tariff
and Customs Code does not include a
dwelling house.
SECTION FOUR: CRIMES AGAINST
RELIGIOUS WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP

Qualified by violence or threats
85
CRIMINAL LAW
BOOK TWO

If the prohibition or disturbance is
committed only in a meeting or rally of a
sect, it would be punishable under Art.131.

ARTICLE 133
OFFENDING RELIGIOUS FEELINGS
Rebellion - more frequently used where the
object of the movement is to completely
overthrow and supersede the existing
government. It is a crime of the masses, of the
multitude. It is a vast movement of men and a
complex network of intrigues and plots.
Purpose of the uprising must be shown,
without evidence to indicate the motive or
purpose of the accused does not constitute
rebellion. It may constitute other crimes like
sedition or kidnapping.
Elements:
1. That the acts complained of were
performed:
a. In a place devoted to religious worship
(not necessary that there is a religious
worship); or
b. During the celebration of any religious
ceremony;
2. That the acts must be notoriously offensive
to the feelings of the faithful.
Religious ceremonies – are those religious
acts performed outside of a church, such as
procession and special prayers for burying
dead person
“Acts notoriously offensive to the feelings
of the faithful”
The acts must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or
attempting to damage an object of religious
veneration.
 May be committed by a public officer or a
private individual
 Offense of feeling is judged from
complainant’s point of view.
 There must be deliberate intent to hurt the
feelings of the faithful
TITLE THREE:
CRIMES AGAINST PUBLIC ORDER
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the
government.
2. For the purpose of:
a. Removing from the allegiance to said
Government or its laws:
i. The territory of the Philippines, or
any part thereof; or
ii. Any body of land, naval or other
armed forces; or
b. Depriving the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
86
If the act is to deprive the Judiciary of its
powers or prerogatives, the crime
committed is sedition.
Insurrection – 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.
Note: ACTUAL CLASH with the armed forces
of the Government is NOT necessary to
convict the accused who is in conspiracy with
others actually taking arms against the
government.
Rebellion
Treason
As to purpose
To remove from the Violation by a subject of
allegiance to said his allegiance to his
gov't or the laws the sovereign or to the
territory of the Phils. supreme authority of the
Or any body of State.
land, naval or other
armed forces;
2. To
deprive
the
Chief Executive or
Congress of any of
their powers.
Manner of commission
1. Public uprising, and 1. By
levying
war
2. By taking arms
against the gov't;
against the Gov't.
2. By adhering to the
enemies
of
the
Phils., giving them
aid or comfort
Time of commission
May be committed both Committed during a time
during times of peace of war.
and war
1.
Proof needed for conviction
Proved by showing the 1. Testimony
of
2
purpose of the uprising;
witnesses, at least
there must be proof
to the same overt
beyond
reasonable
act; or
doubt
2. Confession
of
accused in open
court
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS




Giving aid and comfort is not criminal in
rebellion.
Persons acting as couriers or spies for
rebels are guilty of rebellion.
Mere silence regarding the presence of
rebels despite knowledge of a rebellion is
not punishable.
Rebellion cannot be complexed with, but
absorbs other crimes committed in
furtherance of rebellious movement. There
is no complex crime of rebellion with
murder and other common crimes,
whether such crimes are punishable under
a special law or general law (RPC)
provided that such crimes are committed in
furtherance or in pursuance of the
movement to overthrow the government.
(Ponce Enrile v. Amin, G. R. No. 93335,
September 13, 1990).
Offenders: No qualifications.
Purpose: To overthrow
the government.
Essence:
Public
uprising and taking up
of arms against the
government.
ARTICLE 134-A
COUP D’ETAT
Principal offender/s must
belong to the military or
police, or hold any public
office or employment,
with or without civilian
support.
Purpose: To destabilize
the
government
or
diminish state power.
Essence: Swift attack
accompanied
by
violence,
intimidation,
threat,
strategy
or
stealth directed against
the government or any
military
camp
or
installation
or
communication
networks, public utilities
or other facilities needed
for the exercise and
continued possession of
power.
ARTICLE 135
PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT
Elements of coup d’etat:
1. That the offender is a person or persons
belonging to military or police or holding
any public office or employment;
2. That it is committed by means of a swift
attack,
accompanied
by
violence,
intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly
constituted authorities of the Republic of
the Philippines or any military camp, or
installation, or communication networks,
public utilities or other facilities needed for
the exercise and continued possession of
power;
4. That the purpose of the attack is to seize
or diminish state power.
Persons liable for rebellion, insurrection
and/or coup d’etat:
 The leaders –
 Any person who
a. Promotes;
b. Maintains; or
c. Heads a rebellion or insurrection;
or
 Any person who –
a. Leads;
b. Directs; or
c. Commands others to undertake a
coup d’etat;




The crime of coup d’etat may be
committed with or without civilian
participation.
State Power includes power of the
President, Legislative and Judicial Power,
including police power.
Under Section 3 of the Human Security
Act of 2007 a person who commits an act
punishable as coup d’ etat including acts
committed by private persons, thereby
sowing and creating a condition of
widespread and extraordinary fear and
panic among the populace, in order to
coerce the government to give in to an
unlawful demand shall be guilty of
terrorism.
Rebellion
There must be a public
uprising, more than one
person is involved.
Coup d‘etat
May be committed by
one
person
or
a
multitude.
The participants –
 Any person who
1. Participates; or
2. Executes the commands of others
in rebellion, or insurrection;

Any person in the government service
who
1. Participates; or
2. Executes directions or commands
of others in undertaking a coup
d’etat;

Any person not in the government
service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a coup d’etat.
87
CRIMINAL LAW
BOOK TWO
Who shall be deemed the leader of the
rebellion, insurrection or coup d’etat in
case he is unknown?
Any person who in fact:
1. Directed the others,
2. Spoke for them,
3. Signed receipts and other documents
issued in their name, or
4. Performed similar acts, on behalf of the
rebels.

Being a mere assistant to a principal, guilty
of rebellion and punishable under the
second paragraph of Art. 135 is a
participant in the commission of Rebellion.
(People v. Lava, 28 SCRA 72 [1969])
Political Crimes – in contrast to common
crimes, are those directly aimed against the
political order, as well as such common crimes
as may be committed to achieve a political
purpose. The decisive factor is the intent or
motive.

Killing, robbing, etc., for private purposes
or profit, without any political motivation,
would be separately punished and would
not be absorbed in the rebellion. (People
vs. Geronimo, et al., 100 Phil 90 [1956])
ARTICLE 136
CONSPIRACY & PROPOSAL TO
COMMIT REBELLION, INSURRECTION
OR COUP D’ ETAT
Two Crimes penalized under this article:
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion.
Conspiracy to commit rebellion – when two
or more persons come to an agreement to rise
publicly and take arms against the
Government for any of the purposes of
rebellion and decide to commit it
Proposal to commit rebellion – when the
person who has decided to rise publicly and
take arms against the Government for any of
the purposes of rebellion proposes its
execution to some other person or persons

This is an instance where the law punishes
preparatory acts.
ARTICLE 137
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
Acts Punished
1. Failing to resist a rebellion by all means in
their power;
88
2. Continuing to discharge the duties of their
office under the control of the rebels;
3. Accepting appointment to office under the
rebels.


The offender must be a public officer or
employee.
The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels;
otherwise, he himself will also be guilty of
rebellion.
ARTICLE 138
INCITING TO REBELLION/
INSURRECTION
Elements:
1. That the offender does not take up arms or
is not in open hostility against the
Government;
2. That he incites others to the execution of
any of the acts of rebellion;
3. That the inciting is done by means of
speeches,
proclamations,
writings,
emblems,
banners
or
other
representations (SPWEBO) tending to the
same end.
Proposal to Commit
Rebellion
Inciting to Rebellion
In both crimes, the offender induces another to
commit rebellion.
The
person
who It is not required that the
proposes has decided to offender has decided to
commit rebellion.
commit rebellion.
The
person
who The act of inciting is
proposes the execution done publicly.
of the crime uses secret
means.
Note: In both, the crime of rebellion should not be
actually committed by the persons to whom it is
proposed or who are incited. If they commit
rebellion because of the proposal or inciting, the
proponent or the one inciting may become a
principal by inducement in the crime of rebellion.
ARTICLE 139
SEDITION
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or
other means outside of legal methods;
3. That the offenders employ any of those
means to attain any of the following
objects:
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
a.
b.
c.
d.
e.
To prevent the promulgation or
execution of any law or the holding of
any popular election;
To prevent the government or any
public officer from freely exercising its
or his functions, or prevent the
execution of any Administrative Order;
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;
To despoil, for any political or social
end, any person or the government of
all its property or any part thereof.
Tumultuous – if caused by more than three
persons who are armed or provided with the
means of violence
Sedition
Rebellion
In both, there must be public uprising.
It is sufficient that the There must be taking up
public
uprising
is of arms against the
tumultuous.
Government.
The purpose of
offenders
may
political or social.
the The purpose is always
be political.
Not necessarily against Always
against
the government
government
Sedition


Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION


Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition.
There must be an agreement both to attain
an object of sedition and to rise publicly
and tumultuously.
ARTICLE 142
INCITING TO SEDITION
Acts Punished:
1. Inciting others to commit sedition by
means of speeches, proclamations,
writings, emblems cartoons, banners, or
other representations tending to the same
end;
2. Uttering seditious words or speeches
which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous
libels against the Government or any of its
duly constituted authorities.
4. Knowingly concealing such evil practices.
the
Treason
In its more general In its more general
sense, it is the raising of sense, it is the violation
commotions
or by a subject of his
disturbances
in
the allegiance
to
his
State.
sovereign.

ARTICLE 140
PENALTY FOR SEDITION
Public uprising and an object of sedition
must concur.
In sedition, it is immaterial if the objective
be completely attained.
Mere public uprising for any of the
objective mentioned in Art. 139 is
punishable.
Note: Common Crimes are NOT absorbed in
the crime of sedition.
General Rule: Common Crimes are NOT
absorbed in sedition.
Exception: However, sedition absorbs the use
of unlicensed firearms as an element thereof,
pursuant to RA 8294.
Scurrilous – means vulgar, mean, foul
Elements of act no. 1:
1. That the offender does not take direct part
in the crime of sedition;
2. That
he
incites
others
to
the
accomplishment of any of the acts which
constitute sedition;
3. That the inciting is done by means of
speeches,
proclamations,
writings,
emblems, cartoons, banners, or other
representations tending to the same end.
Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful
officer in executing the functions of his
office;
2. They tend to instigate others to cabal and
meet together for unlawful purposes;
3. They suggest or incite rebellious
conspiracies or riots or
4. They lead or tend to stir up the people
against the lawful authorities or disturb the
peace of the community, and the safety
and order of the Government.
89
CRIMINAL LAW
BOOK TWO
Rules relative to seditious words:
 Clear and present danger rule
It is required that there must be
reasonable ground to believe that the
danger apprehended is imminent and that
the evil to be prevented is a serious one.
There must be the probability of serious
injury to the State.

Dangerous tendency rule
There is inciting to sedition when the
words uttered or published could easily
produce disaffection among the people
and a state of feeling in them incompatible
with a disposition to remain loyal to the
Government and obedient to the laws.
The dangerous tendency rule is generally
adopted in the Philippines.
Reasons why seditious utterances are
prohibited:
If the State were compelled to wait until the
apprehended danger became certain, then its
right to protect itself would come into being
simultaneously with the overthrow of the
Government, when there would be neither
prosecuting officers nor courts for the
enforcement of the law.
Elements:
1. That there be a meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof, or any provincial
board or city or municipal council or board;
2. That the offender does any of the following
acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of
any such bodies in such a manner as
to interrupt its proceedings or to impair
the respect due it.

Complaint must be filed by a member of
the legislative body.
 Disturbance created by a participant in the
meeting is not covered by Art. 144.
 The same act may be made the basis for
contempt since it is coercive in nature
while the crime under this Article is
punitive.
SECTION TWO: VIOLATION OF
PARLIAMENTARY IMMUNITY
CHAPTER TWO: CRIMES AGAINST
POPULAR REPRESENTATION
(ARTS. 143-145)
ARTICLE 145
VIOLATION OF PARLIAMENTARY
IMMUNITY
SECTION ONE: CRIMES AGAINST
LEGISLATIVE BODIES AND SIMILAR
BODIES
Acts Punished
1. Using force, intimidation, threats, or frauds
to prevent any member from
a. Attending the meetings of Congress or
any
of
its
committees
or
subcommittees,
constitutional
commissions
or
committees
or
divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote.
ARTICLE 143
ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
Elements:
1. That there be a projected or actual
meeting of the National Assembly 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;
2. That the offender, who may be any
person, prevents such meeting by force or
fraud.
 Force referred to here is one that
produces an injury on the person of
another,
and
fraud
involves
falsification. Thus, physical injuries
and falsification will be complexed as
a necessary means to commit this
crime.
90
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements:
a. That the offender uses
intimidation, threats or fraud;
force,
b. That the purpose of the offender is to
prevent any member of Congress
from—
i. Attending the meetings of the
Congress or any of its committees
or constitutional commissions,
etc.; or
ii. Expressing his opinions; or
iii. Casting his vote.

The offender in Par. 1 may be any
person.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
2. Arresting or searching any member while
Congress is in session, except in cases
where such member has committed a
crime punishable under the Code by a
penalty higher than prision mayor.
c.

Elements:
a. That the offender is a public officer or
employee;
b. That he arrests or searches any
member of Congress;
c. That the Congress, at the time of
arrest or search, is in regular or
special session;
d. That the member arrested or searched
has not committed a crime punishable
under the Code by a penalty higher
than prision mayor.
Session - refers to the entire period from its
initial convening until its final adjournment.
 Parliamentary immunity does not protect
members of Congress from responsibility
before the legislative body itself.
 The 1987 Constitution exempts member of
Congress from arrest, while the Congress
is in session, for all offenses punishable by
a penalty less than prision mayor.
 It is not necessary that the member is
actually prevented from exercising any of
his functions. It is sufficient that Congress
is in session.
Note: Under Sec 11, Art VI of the 1987
Constitution “A senator or Member of the
House of Representatives shall in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
Congress is in session.” While Art 145 of the
RPC states penalty higher than prison mayor.
To be consistent with the Constitution, the
Constitution should prevail over Article 145,
and the Constitution says “6 years”, not prision
mayor.
CHAPTER THREE: ILLEGAL ASSEMBLIES
AND ASSOCIATIONS (ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the Code
Requisites:
a. That there is a meeting, gathering or
group of persons, whether in a fixed
place or moving;
b. That the meeting is attended by armed

persons;
That the purpose of the meeting is to
commit any of the crimes punishable
under the Code.
Not all the persons present at the
meeting of the first form of illegal
assembly must be armed. It is
sufficient that at least 2 persons are
armed.
If none of the persons present in the
meeting are armed, there is no crime
of Illegal Assembly.
2. Any meeting in which the audience,
whether armed or not, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or
assault upon a person in authority
Requisites:
a. That there is a meeting, a gathering or
group of persons, whether in a fixed
place or moving;
b. That the audiences, whether armed or
not, is incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct assault.

It is necessary that the audience is
actually incited. If in the meeting the
audience is incited to the commission
of rebellion or sedition, the crimes
committed are ILLEGAL ASSEMBLY
as regards the organizers or leaders or
persons merely present and INCITING
TO REBELLION OR SEDITION
insofar as the one inciting them is
concerned.
Persons liable in illegal assemblies:
1. The organizers or leaders of the meeting;
2. Persons merely present at the meeting.
Presumptions:
If any person carries an unlicensed firearm, it
is presumed that:
1. The purpose of the meeting insofar as he
is concerned is to commit acts punishable
under the RPC, and
2. He is considered a leader or organizer of
the meeting.
 The law does NOT distinguish
whether or not the firearms are
licensed or unlicensed. It only gives a
presumption if the firearm used is
unlicensed.
A person invited to give a speech in an illegal
assembly or meeting and incites the members
of such assembly is guilty of inciting to sedition
91
CRIMINAL LAW
BOOK TWO
only and
assembly.
not
punishable
under
illegal
CHAPTER FOUR: ASSAULT UPON, AND
RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR
AGENTS (ARTS. 148-152)
ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited associations:
Association totally or partially organized for:
1. The purpose of committing any of the
crimes punishable under the Code, or
2. Some purpose contrary to public morals.
Public morals – refer to matters which affect
the interest of society and public convenience
and is not limited to good customs
Persons liable:
1. Founders, directors, and president of the
association
2. Members of the association
Illegal Assembly
Public Officer
(PO)
Person in
Authority (PA)
Any
person
who takes part
in
the
performance
of
public
functions
in
the
government.
Any
person
directly vested
with jurisdiction,
whether as an
individual or as a
member of some
court
or
governmental
corporation,
board
or
commission.
Illegal Association
It is necessary that there It is not necessary that
is an actual meeting or there is an actual
assembly
of
armed meeting.
persons for the purpose
specified in Art. 146.
It is the meeting and It is the act of forming or
attendance
at
such organizing
and
meeting
that
is membership
in
the
punished.
association
that
is
punished.
The persons liable are:
1. The organizers or
leaders of the
meetings, and
2. The persons
present at the
meeting.
ARTICLE 152
PERSONS IN AUTHORITY & AGENTS
OF PERSONS IN AUTHORITY
The persons liable are:
1. The founders,
directors and
president, and
2. The members.
Organized for temporary More or less of some
purposes
duration
Held in connection with Even acts contrary to
crimes punishable under public
morals
are
the RPC
included.

Agent of a
Person in
Authority (APA)
Any person 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.
Any person who comes to aid of a person
in authority may be considered as an
agent of a person in authority.
ARTICLE 148
DIRECT ASSAULT
Two ways to commit:
1. Without public uprising, by employing
force or intimidation for the attainment of
any of the purposes enumerated in
defining the crimes of sedition & rebellion
Elements:
a. That the offender employs force or
intimidation;
b. That the aim of the offender is to attain
any of the purposes of the crime of
rebellion or any of the objects of the
crime of sedition;
c. That there is no public uprising.

Offended party need NOT BE a
person in authority or his agent, he
may be a private individual if the
object is to attain an object of sedition.
2. Without public uprising, by attacking, by
employing force or seriously intimidating or
by seriously resisting any person in
authority (PA) or any of his agents (APA),
while engaged in the performance of
official duties, or on the occasion of such
performance
92
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Elements:
a. That the offender:
i. Makes an attack (equivalent to
aggression),
ii. Employs force (The force must be
serious and must be of such a
character as to show contempt for
authority (Gregorio). However, it is
important to determine whether
the victim is a PA or APA. If the
victim is a PA, the degree of force
employed
against
him
is
immaterial as the mere laying of
hands on him is sufficient ( U.S. vs
Gumban, 39 Phil 76). If the victim
is an APA, the violence,
intimidation,
or
resistance
employed by the offender must be
serious ( U.S. vs Tabiana,37 Phil
515).
b.
c.
d.
e.
iii. Makes a serious intimidation
(unlawful coercion, duress, putting
someone in fear, exertion of an
influence in the mind which must
be both immediate and serious),
or
iv. Makes a serious resistance (if not
serious, crime committed may be
that under Article 151 or
resistance and disobedience);
That the person assaulted is a person
in authority or his agent;
That at the time of the assault the
person in authority or his agent:
i. Is engaged in the actual
performance of official duties, or
ii. That he is assaulted by reason of
the past performance of his official
duties;
That the offender knows that the one
he is assaulting is a person in
authority or his agent in the exercise
of his duties;
That there is no public uprising.
Considered NOT in the actual performance
of official duties:
1. When the PA or APA exceeds his powers
or acts without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in
nature.
Two kinds of direct assault of the second
form:
1. Simple assault
2. Qualified assault
Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or employee;
3. Offender lays hands upon a person in
authority.










Knowledge of the accused that the victim
is a PA or APA is essential.
An “attack” is any offensive or antagonistic
movement or action of any kind.
Teachers, professors, and persons in
charge with the supervision of public or
duly recognized private schools, colleges
and universities shall be deemed persons
in authority, in applying Arts. 148 and 151.
Evidence of motive of the offender is
important when the person in authority or
his agent who is attacked or seriously
intimidated is not in the actual
performance of his official duty.
Even when PA or APA agrees to fight, an
attack made by accused constitutes Direct
Assault, except when the attack is made
in lawful defense; the character of a
person in authority or agent is not laid off
at will but attaches to him until he ceases
to be in office.
If Direct Assault is committed and as a
result the PA or APA is killed, the crime
shall be the complex crime of Direct
Assault with Homicide or Murder as the
case may be.
If Direct Assault is committed and the PA
or APA suffers Serious or Less Serious
Physical Injuries, the crime shall be a
complex crime or Direct Assault with
Serious or Less Serious Physical Injuries.
The crime of slight physical injuries is
absorbed in direct assault if committed
against an APA. If committed against a
PA, it will be considered as a separate
offense.
The crime of direct assault is not
committed when the PA or APA is
suspended or under suspension when he
is attacked.
If the accused was also acting in the
performance of his official duties, crime
committed may be coercion or physical
injuries.
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. That a PA or an APA is the victim of any of
the forms of direct assault defined in Art.
148;
2. That a person comes to the aid of the
APA;
93
CRIMINAL LAW
BOOK TWO
3. That the offender makes use of force or
intimidation upon such person coming to
the aid of the APA.


Indirect assault can be committed only
when a direct assault is also committed.
The offended party in indirect assault may
be a private person.
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY
THE NAT’L ASSEMBLY, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEE OR
DIVISIONS
Acts punished:
1. Refusing, without legal excuse, to obey
summons of Congress, or any commission
or committee chairman or member
authorized to summon witnesses;
2. Refusing to be sworn or placed under
affirmation while before such legislative or
constitutional body or official;
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required
by them to do so in the exercise of their
functions;
4. Restraining another from attending as a
witness in such legislative or constitutional
body;
5. Inducing disobedience to summons or
refusal to be sworn by any such body or
official.


The testimony of a person summoned
must be upon matters into which the
legislature has jurisdiction to inquire.
Any of the acts punished herein may also
constitute contempt.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
performance of official duty or gives a
lawful order to the offender;
2. That the offender disobeys such APA;
3. That such disobedience is not of a serious
nature.

The accused must have knowledge that
the person giving the order is a peace
officer.
Direct
Assault
Distinguished
Resistance or Serious Disobedience
Direct Assault
from
Resistance
The PA or APA must be Only
in
actual
engaged
in
the performance of duties.
performance of official
duties or that he is
assaulted by reason
thereof.
Force
employed
serious.
is Use of force is not so
serious.
Attack or Employment of Attack or Employment of
Force is deliberate
Force is not deliberate.
Committed in any of the
following ways:
1. By attacking,
2. By employing force,
3. By seriously
intimidating;
4. By seriously resisting
a person in authority
or his agent


Committed by resisting
or seriously disobeying a
person in authority or his
agent
The disobedience contemplated consists
in the failure or refusal to obey a direct
order from the authority or his agent.
In the crime of resistance and
disobedience the offender must have
knowledge that the person arresting is a
person in authority or an agent of a person
authority.
CHAPTER FIVE: PUBLIC DISORDER
(ARTS. 153-156)
ARTICLE 153
TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER
Elements of resistance & serious
disobedience:
1. That a PA or his APA is engaged in the
performance of official duty or gives a
lawful order to the offender;
2. That the offender resists or seriously
disobeys such person in authority or his
agent;
3. That the act of the offender is not included
in the provisions of Arts. 148-150.
Acts punished:
1. Causing any serious disturbance in a
public place, office or establishment;
Elements of simple disobedience:
1. That an APA is engaged
2. Interrupting
or
disturbing
public
performances, functions or gatherings, or
94
in
the
Note: If disturbance is not serious in
nature, alarms and scandals under Article
155 is committed.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
peaceful meetings, if the act is not
included in Arts. 131-132;
3. Making an outcry tending to incite rebellion
or sedition in any meeting, association or
public place;
Note: If outcry was premeditated to incite,
the crime committed is inciting to rebellion
or sedition.


4. Displaying placards or emblems which
provoke a disturbance of public order in
such place;
ARTICLE 154
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
5. Burying with pomp the body of a person
who has been legally executed.

Serious disturbance must be planned or
intended.
Outcry – to shout spontaneously subversive
or provocative words tending to stir up the
people so as to obtain by means of force or
violence any of the objects of rebellion or
sedition. The outcry must be spontaneous,
otherwise it would be the same as inciting to
rebellion or sedition.
Burying with pomp the body of a person –
ostentatious display of a burial
Inciting to Sedition or
Rebellion
Public Disorder
The outcry or displaying
of emblems or placards
should have been done
with
the
idea
aforethought of inducing
his hearers or readers to
commit the crime of
rebellion or sedition.
The outcry is more or
less
unconscious
outburst which, although
rebellious or seditious in
nature,
is
not
intentionally calculated
to induce others to
commit
rebellion
or
sedition.
At the outset, the At the outset, the
meeting is unlawful.
meeting is lawful but
becomes unlawful after
the outburst described
above.


The penalty next higher in degree shall be
imposed upon persons causing any
disturbance or interruption of a tumultuous
character.
It is tumultuous if caused by more than
three persons who are armed or provided
with the means of violence. However, this
is only a presumption juris tantum, hence if
the disturbance is in fact tumultuous it is
immaterial that there are no such armed
persons. Conversely if the gathering is not
in fact tumultuous, it does not matter if
there are such armed persons present on
that occasion.
If the person who disturbs or interrupts the
meeting or religious worship is a public
officer, he shall be liable under Art. 131 or
132.
Tumults and other disturbances can be
complexed with direct assault if the
tumults and disturbances of public order
are directed to a person in authority or an
agent of a person in authority.
Acts punished:
1. Publishing or causing to be published as
news any false news which may endanger
the public order, or cause damage to the
interest or credit of the State;
 The offender must know that the news
is false, to be liable.
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;
 The act of the offender of encouraging
disobedience to the law or the
authorities punishable under this
paragraph is different from inciting to
sedition which requires that the people
rise publicly.
3. Maliciously publishing or causing to be
published any official resolution or
document without authority, or before they
have been published officially;
4. Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear
the real printer’s name, or which are
classified as anonymous.

Actual public disorder or actual damage to
the credit of the state is not necessary.
The mere possibility of causing such
damage is sufficient.

R.A. No. 248 prohibits the reprinting,
reproduction
or
republication
of
government publications and official
documents without previous authority.
If the printer/owner of the printing
establishment took part in the preparation
and publication of the libelous writings he

95
CRIMINAL LAW
BOOK TWO
shall be liable under Art 360.

If the publication is both obscene and
anonymous, the offenses cannot be
complexed as they involve different acts
separately punished under this Article and
Article 201 on obscene publications.
ARTICLE 155
ALARMS & SCANDALS
Acts punished:
1. Discharging
any
firearm,
rocket,
firecracker, or other explosive within any
town or public place, which produces
alarm or danger
Note: The discharge of the firearm should
not be directed at a person. Otherwise, the
offense committed would be Discharge of
Firearms under Article 254.
 It is the result, not the intent that
counts. Act must produce alarm or
danger as a consequence.
 The discharge may take place within
one’s own home since the law does
not distinguish as to where in town.
 According to Viada, the discharge of
firecrackers and rockets during fiestas
and festivals are not covered by the
law.
2. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility
3. Disturbing the public peace while
wandering about at night or while engaged
in any other nocturnal amusements
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Art. 153 is not
applicable

If the disturbance is of a serious nature,
the case will fall under Art. 153.
Charivari – includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tin, horns, etc. designed to
annoy or insult.
 The reason for punishing instigating or
taking active part in charivari and other
disorderly meeting is to prevent more
serious disorders.
96
ARTICLE 156
DELIVERING PRISONERS FROM JAIL
Elements:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes such person, or
helps the escape of such person.
Committed in two ways:
1. By removing a prisoner confined in jail or
penal institution – to take away a person
from confinement with or without the active
participation of the person released
2. By helping said person to escape – furnish
material means to facilitate escape
 The prisoner may be a detention
prisoner or one sentenced by virtue of
a final judgment.
 This article applies even if the
prisoner is in the hospital or asylum
when he is removed or when the
offender helps his escape, because it
is considered as an extension of the
penal institution.
 If the offender is a public officer who
is actually and presently in custody or
charge of the prisoner, (e.g. a guard
on duty) he is liable for infidelity in the
custody of a prisoner.
 But if the crime committed by the
prisoner for which he is confined or
serving sentence is treason, murder,
or parricide, the act of taking the
place of the prisoner in prison is that
of an accessory under Art. 19, par. 3.
 If the delivery of the prisoner was
committed through bribery:
a. The BRIBER commits corruption
of a public officer and delivering
prisoners from jail.
b. The JAILER, if a public officer,
commits infidelity in the custody of
prisoners and bribery.
c. The PRISONER commits evasion
of service of sentence if he is
already
convicted
by
final
judgment.
Delivering Prisoners
from Jail
Infidelity in the
Custody of Prisoners
Offender:
usually
committed
by
an
outsider. It may also
apply to an employee of
the penal establishment,
provided he does not
have custody or charge
of such person.
Offender: public officer
who had the prisoner in
his custody or charge
who was in connivance
with the prisoner in the
latter’s escape
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Prisoner: May be
convict or a detainee
a Prisoner: May be a
convict or a detainee
CHAPTER SIX: EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence, which
consists in deprivation of liberty;
3. That he evades the service of his
sentence by escaping during the term of
his sentence.
Circumstances qualifying the offense:
1. By means of unlawful entry (this should be
“by scaling”);
2. By breaking doors, windows, gates, walls,
roofs or floors;
3. By using picklocks, false keys, disguise,
deceit, violence, or intimidation;
4. Through connivance with other convicts or
employees of the penal institution.


The following cannot commit evasion of
service of sentence:
a. Accused who escapes during appeal
or a detention prisoner
b. Minor delinquents
c. Deportees
d. Persons convicted under this Article
are disqualified from the benefits of the
Indeterminate Sentence Law.
Escape - flee from; to avoid; to get out of
the way, as to flee to avoid arrest (Black’s
th
Law Dictionary, 4 ed., p. 640)
ARTICLE 158
EVASION OF SENTENCE ON THE
OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
Elements:
1. That the offender is a convict by final
judgment, and is confined in a penal
institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not
participated;
3. That the offender leaves the penal
institution where he is confined, on the
occasion of such disorder or during the
mutiny;
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.




What is punished is not the leaving of the
penal institution, but the failure of the
convict to give himself up to the authorities
within 48 hours after the proclamation
announcing the passing away of the
calamity.
If the offender fails to give himself up, he
shall suffer an increase of 1/5 of the time
still remaining to be served under the
original sentence, which shall not exceed
6 months. If the offender gives himself up,
he is entitled to a deduction of 1/5 of his
original sentence.
“Mutiny” in this article implies an organized
unlawful resistance to a superior officer; a
sedition; a revolt. (People vs. Padilla, C.A.,
46 O.G. 2151)
If one partakes in the mutiny, he will be
liable for the offenses which he committed
during the mutiny whether or not he
returns.
ARTICLE 159
OTHER CASES OF EVASION OF
SENTENCE (CONDITIONAL PARDON)
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the Chief Executive;
3. That he violated any of the conditions of
such pardon.

Violation of conditional pardon is a distinct
crime. (This is according to Reyes);
According to Regalado, however, there
are actually two views.
One expressed in People v. Jose which
states that it is not a distinct crime, since
the penalty is only the recommitment of
the convict to serve the portion of the
sentence remitted by the pardon, hence it
is only a continuation of the original case.
The other view which is the more logical
one is expressed in People v. Martin which
states that since the code imposes a
specific penalty of prision correccional in
its minimum period if the unserved portion
is less than six years, it is therefore a
distinct crime.
97
CRIMINAL LAW
BOOK TWO

A conditional pardon is a contract between
the Chief Executive who grants the pardon
and the convict who accepts it.
Offender
can
be
arrested
and
reincarcerated
without
trial
–
in
accordance with Sec. 64(I) of the Revised
Administrative Code.
The condition imposed upon the prisoner
that he should not commit another crime,
extends to offenses punishable by special
laws.
Offender must be found guilty of the
subsequent offense before he can be
prosecuted under Art 159.
The court cannot require the convict to
serve the unexpired portion of the original
sentence if it does not exceed six years,
the remedy is left to the President who has
the authority to recommit him to serve the
unexpired portion of his original sentence.
The period when convict was at liberty is
not deducted in case he is recommitted.





Violation of
Conditional Pardon
Evasion of Service of
Sentence
Infringes the terms of the Defeats the purpose of
contract
the law.
Does not affect public Disturbs public order
order
CHAPTER SEVEN: COMMISSION OF
ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
ARTICLE 160
COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (QUASI-RECIDIVISM)
Elements of quasi-recidivism:
1. That the offender was already convicted
by final judgment;
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same.
Who can be pardoned
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already
served out his original sentence (and not a
habitual criminal); or
2. When he shall have completed it after
reaching the said age, unless by reason of
his conduct or other circumstances, he
shall not be worthy of such clemency.
 In reiteracion, the offender against whom it
98
is considered shall already have served
out his sentence for the prior offenses.
Quasi-recidivism
is
a
SPECIAL
AGGRAVATING CIRCUMSTANCE which
cannot be offset by ordinary mitigating
circumstances.
 First crime for which the offender is
serving sentence need not be a felony; but
the second crime must be a felony.
 Only considered as final judgment when
the accused does not appeal anymore.
 Quasi-recidivism does not require that the
offense for which the convict is serving
and the new felony committed be
embraced in the same title of the code.
While in recidivism, both the first and the
second offenses must be embraced in the
same title of the code.
TITLE FOUR:
CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR STAMP OF
THE CHIEF EXECUTIVE.
ARTICLE 161
COUNTERFEITING SEAL OF
GOVERNMENT, SIGNATURE AND STAMP
OF PRESIDENT
Acts Punished
1. Forging the Great Seal of the Government
of the Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
 If the signature of the President is
forged, it is not falsification of public
document, but forging the signature of
the Chief Executive.
ARTICLE 162
USE OF FORGED SIGNATURE,
COUNTERFEIT SEAL OR STAMP
Elements:
1. That the seal of the Republic was
counterfeited, or the signature or stamp of
the Chief Executive was forged by another
person;
2. That the offender knew of the
counterfeiting or forgery;
3. That he used the counterfeit seal or forged
signature or stamp.
 The offender must NOT be the forger
otherwise the crime committed is
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

forgery under Art. 161.
In using the forged signature or stamp
of the President or forged seal, the
participation of the offender is in effect
that of an accessory. Although the
general rule is that he should be
punished by a penalty two (2) degrees
lower, under Article 162 he is
punished by a penalty only one
degree lower.
SECTION TWO: COUNTERFEITING COINS
ARTICLE 164
MUTILATION OF COINS- IMPORTATION
AND UTTERANCE OF MUTILATED COINS
Acts punished
1. Mutilating coins of the legal currency,
with the intent to damage or to defraud
another;
2. Importing or uttering such mutilated coins,
with the further requirement that there
must be connivance with the mutilator or
importer in case of uttering.
ARTICLE 163
MAKING AND IMPORTING AND UTTERING
FALSE COINS

Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or
uttered such coins;
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
Mutilation – means to take off part of the
metal either by filing it or substituting it for
another metal of inferior quality. It is to
diminish by ingenious means the metal in the
coin, and thus diminish its intrinsic value.

A coin is false or counterfeited, if it is
forged or if it is not authorized by the
Government as legal tender, regardless of
its intrinsic value.
Counterfeiting – means the imitation of a
legal or genuine coin
 There is counterfeiting when a spurious
coin is made. There must be an imitation
of the peculiar design of the particular
coin.
Uttering – means to pass counterfeited coins
 Uttering includes delivery or the act of
giving them away.
 It is uttered when it is paid even though
the utterer may not obtain the gain he
intended.
Kinds of coins the counterfeiting of which
is punished:
1. Silver coins of the Philippines or coin of
the Central Bank;
2. Coin of the minor coinage of the
Philippines or the Central Bank;
3. Coin of the currency of a foreign country.
 Former
coins
withdrawn
from
circulation may be counterfeited.
 Pars. 1 and 2 of Article 163 mention
“coin” without any qualifications.
 As regards par. 3, the used of the
word “currency” is not correct because
the Spanish text uses the word
“moneda” which embraces not only
those that are legal tender but also
those out of circulation.
The coin must be of legal tender or current
coins of the Philippines and not of a
foreign country.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE
Acts Punished
1. Possession of coin, counterfeited or
mutilated by another with intent to utter the
same knowing that it is false or mutilated;
2. Actually uttering false or mutilated coin,
knowing it to be false or mutilated.
 It does NOT require that the false coin
is legal tender.
 But if the coin being uttered or
possessed with intent to utter is a
mutilated coin, it must be a legal
tender coin.
 The possession prohibited in Article
165 is possession in general, that is,
not only actual, physical possession
but also constructive possession or
the subjection of the thing to one’s
control, otherwise offenders could
easily evade the law by the mere
expedient of placing other persons in
actual, physical possession of the
thing although retaining constructive
possession or actual control thereof.
(People vs. Andrada, 11 C.A. Rep.
147)
99
CRIMINAL LAW
BOOK TWO
SECTION THREE: FORGING TREASURY
OR BANK NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND UTTERING
FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES
Bank (PNB) checks is not forgery under
Art. 166 of RPC but falsification of
commercial documents under Art 172 in
connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENT NOT
PAYABLE TO BEARER
ARTICLE 166
FORGING TREASURY OR BANK NOTES
OR OTHER DOCUMENTS PAYABLE TO
BEARER AND UTTERING THE SAME
Acts penalized:
1. Forging or falsification of treasury or bank
notes or other documents payable to
bearer;
Forging is committed by giving to a
treasury or bank note or any instrument
payable to bearer or to order the
appearance of a true and genuine
document; and falsification is committed
by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters,
words, or signs contained therein (Art.
169).
2. Importation of the same: it means to bring
them
into
the
Philippines,
which
presupposes that the obligations or notes
are forged or falsified in a foreign country.
3. Uttering the same in connivance with
forgers or importers: it means offering
obligations or notes knowing them to be
false or forged, whether such offer is
accepted or not, with a representation, by
words or actions, that they are genuine
and with an intent to defraud.
What may be forged or falsified under
Article 166:
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities, payable
to bearer.


100
The Code punishes forging or falsification
of bank notes and of documents of credit
payable to bearer and issued by the State
more severely than counterfeiting of coins
because the first tends to bring such
documents into discredit and produces a
lack of confidence on the part of the
holders of the said documents to the
prejudice of the interests of the society
and the State. Moreover, it is easier to
forge or falsify such certificates, notes, etc.
and the profit derived therefrom is greater
and the incentive for its commission is
more powerful. (U.S. vs. Gardner 3 Phil
403).
The falsification of Philippine National
Elements:
1. That there be an instrument payable to
order or other document of credit NOT
payable to bearer;
2. That the offender either forged, imported
or uttered such instrument;
3. That in case of uttering he connived with
the importer or forger.
 Counterfeiting under Art. 167 must
involve an instrument payable to order
or other document of credit not
payable to bearer.
ARTICLE 168
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENTS OF CREDIT
Elements:
1. That the treasury or bank note or
certificate or other obligation and
securities payable to bearer or any
instrument payable to order or other
document of credit not payable to bearer is
forged or falsified by another;
2. The offender knows that any of these
instruments is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified
instruments; or
b. Possession with intent to use, any of
the forged or falsified documents.

Possession of false treasury or bank notes
alone is not a criminal offense. For it to
constitute an offense, possession must be
with intent to use said false treasury or
bank notes. (People vs. Digoro, G.R. No.
L-22032, March 4, 1966)

The accused must have knowledge of the
forged character of the note.

A person in possession of falsified
document and who makes use of the
same is presumed to be the material
author of falsification.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 169
HOW FORGERY IS COMMMITTED
How committed:
1. By giving to treasury or bank note or any
instrument payable to bearer or to order
the appearance of a true and genuine
document;
2. By erasing, substituting, or altering by any
means the figures, letters, words or
signatures contained therein.
 PD 247 penalizes defacement,
mutilation,
tearing,
burning
or
destroying of Central Bank notes and
coins.
 It
includes
falsification
and
counterfeiting.
Forgery
As used in Art. 169
refers to the falsification
and counterfeiting of
treasury or bank notes
or
any
instruments
payable to the bearer or
to order.
Falsification
The commission of any
of the eight (8) acts
mentioned in Art. 171
on legislative (only the
act
of
making
alteration), public or
official, commercial, or
private documents, or
wireless, or telegraph
messages.
SECTION FOUR: FALSIFICATION OF
LEGISLATIVE, PUBLIC, COMMERCIAL AND
PRIVATE DOCUMENTS AND WIRELESS,
TELEGRAPH AND TELEPHONE
MESSAGES
ARTICLE 170
FALSIFICATION OF LEGISLATIVE
DOCUMENT
Elements:
1. That there be a bill, resolution or
ordinance enacted by or approved or
pending approval by either House of the
Legislative or any provincial board or
municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor;
4. That alteration changed the meaning of
the document.
 The bill, resolution or ordinance must
be genuine.
 Offender may be private individual or
a public officer.
 The act of falsification is limited to
altering it which changes its meaning.
Hence, other acts of falsification, even
in legislative documents, are punished
either in Art. 171 or under Art. 172.
 R.A. 248 prohibits the reprinting,
reproduction or republication of
government publications and official
documents without previous authority.
ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
Elements:
1. That the offender is a public officer,
employee or notary public or ecclesiastical
minister;
 The ecclesiastical minister is liable
under this article if he shall commit
any of the acts of falsification with
respect to any record or document of
such character that its falsification
may affect the civil status of persons.
2. That he takes advantage of his official
position when:
a. He has the duty to make or prepare or
otherwise to intervene in the
preparation of the document
b. He has the official custody of the
document which he falsifies
 If he did not take advantage of his
official position, he would be guilty
of falsification of public document
by a private individual under Art.
172.
3. The offender falsifies a document.
Document – is any written statement by which
a right is established or an obligation
extinguished or by which a fact may be proven
or affirmed.
 The document must be complete or at
least it must have the appearance of a true
and genuine document.
 The document must be of apparent legal
efficacy.
 In the 1st, 2nd, 6th, 7th (second part) and
8th mode of falsification, there must be a
GENUINE DOCUMENT.
 In the other paragraphs of Art. 171,
falsification may be committed by
simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting
or
imitating
handwriting, signature or rubric.
any
Requisites:
1. That there be an intent to imitate or an
attempt to imitate;
2. The two signatures or handwriting, the
genuine and the forged bear some
resemblance to each other.
 If there is no attempt whatsoever
by the accused to imitate the
signatures of the other person so
101
CRIMINAL LAW
BOOK TWO
that they are entirely unlike the
genuine signature, the accused
may be found guilty under the
second mode of falsifying a
document.
B. Causing it to appear that persons have
participated in an act or proceeding
when they did not in fact so participate.
Requisites:
1. That the offender caused it to appear
in a document that a person or
persons participated in an act or
proceeding;
2. That such persons did not in fact so
participate in the act or proceeding.
 The imitation of the signature of
the offended party is not
necessary in this mode of
falsification.
C. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact
made by them.
Requisites:
1. That persons participated in an act or
proceeding;
2. That such person or persons made
statements in that act or proceeding;
3. That the offender in making a
document, attributed to such person,
statements other than those in fact
made by such person.
D. Making untruthful
narration of facts.
statements
in
a
Requisites:
1. That the offender makes in a
document statements in a narration of
facts;
2. That he has the legal obligation to
disclose the truth of the facts narrated
by him;
3. That the facts narrated by the offender
are absolutely false;
4. That the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a third
person.
 There must be narration of facts,
not a conclusion of law.
 Legal obligation means that there
is a law requiring the disclosure of
the facts narrated.
 The facts must be absolutely
false, the crime of falsification is
not violated if there is some
102

colorable truth in the statements of
the accused.
If the narration of facts is
contained in an affidavit or a
statement required by law to be
sworn to, the crime committed is
perjury.
E. Altering true dates
 Date must be essential.
 The alteration of the date or dates in a
document must affect either the
veracity of the document or the effects
thereof.
 Alteration of dates in official receipts to
prevent discovery of malversation is
falsification
F. Making alteration or intercalation in a
genuine document which changes its
meaning.
Requisites:
1. That there be an alteration or
intercalation
(insertion)
on
a
document;
2. That it was made on a genuine
document;
 If the document is not genuine, the
crime of estafa is committed.
3. That the alteration and intercalation
has changed the meaning of the
document;
4. That the change made the document
speak something false.
 Alteration which speaks the truth
is not falsification. The idea of
deception is inherent in the word
alteration — of making the
instrument speak something which
the parties did not intend it to
speak.
G. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such
original exist or including in such a
copy a statement contrary to or
different from that of the genuine
original.
 CANNOT be committed by a private
individual or by a notary or public
officer who DOES NOT take
advantage of his official position.
 Intent to gain or prejudice is not
necessary, because it is the interest of
the community which is intended to be
guaranteed by the strict faithfulness of
the officials charged with the
preparation and preservation of the
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
acts in which they intervene.

H. Intercalating any instrument or note
relative to the issuance in a protocol,
registry or official book.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS
AND USE OF FALSIFIED DOCUMENTS

Acts punished:
1. Falsification of public, official or
commercial document by a private
individual

Elements:
a. The offender is a private individual or
a public officer or employee who did
not take advantage of his official
position;
b. That he committed any of the acts of
falsification enumerated in Art.171
(Pars.1-6);
c. That the falsification was committed in
a public or official or commercial
document.

Public document – a document created,
executed or issued by a public official in
response to the exigencies of the public
service, or in the execution of which a
public official intervened
Official document – a document which is
issued by a public official in the exercise of
the functions of his office
Commercial document – any document
defined and regulated by the Code of
Commerce or any other commercial laws
2. Falsification of private document by
any person;
Elements:
a. That the offender committed any of
the acts of falsification except those in
par. 7, enumerated in Art.171;
b. That the falsification was committed in
a private document;
c. That the falsification caused damage
to a third party or at least the
falsification was committed with the
intent to cause damage.

Private document or instrument
executed by a private person without
the intervention of a notary public or
other person legally authorized, by
which document some disposition or
agreement is proved, evidenced or set
forth.
Mere falsification of private document
is not enough. Two things are
required:
i. He must have falsified the same;
ii. He must have performed an
independent act which operates to
the prejudice of third persons.
Damage need not be material,
damage to one’s honor is included.
There is no crime of estafa through
falsification of a private document
because the immediate effect of
falsification of private document is the
same as that of estafa.
Generally,
falsification
is
consummated when the genuine
document is altered or the moment the
false document is executed. It is
immaterial that the offender did not
achieve his objective.
3. Use of falsified documents.
Elements:
a. Introducing in a judicial proceeding
i. That the offender knew that the
document was falsified by another
person;
ii. That the false document was
embraced in Art. 171 or in any
subdivision No.1 or 2 of Art. 172;
iii. That he introduced said document
in evidence in any judicial
proceeding.
 No damage is required.
b. Use in any other transaction
i. That the offender knew that the
document was falsified by another
person;
ii. That the false document was
embraced in Art. 171 or in any of
subdivision No. 1 or 2 of Art. 172;
iii. That he used such document (not
in judicial proceeding);
iv. That the use of the false
document caused damage to
another or at least it was used
with intent to cause damage.
Notes:
 If a person knowingly offers in evidence a
FALSE WITNESS OR TESTIMONY,
Article 184 should apply.
 If a person makes, presents or uses any
record, document, paper or object with
knowledge of its falsity and with intent to
affect the course or outcome of the
investigation of, or official proceedings IN
CRIMINAL CASES, such person is liable
103
CRIMINAL LAW
BOOK TWO
under PD 1829
Falsification as a Means to Commit Estafa
Falsification of
Public/Official or
Commercial Document
When committed as a
necessary
means
to
commit estafa, complex
crime is committed
Falsification of
Private Document
Even
when
committed
as
a
necessary means to
commit estafa, the
crime is either estafa
or falsification only,
because in this type
of falsification, an act
independent
of
falsification
is
required to show
intent to defraud
Falsification by Private Individual vs.
Falsification of Public Officer
Article 172
Article 171
The prejudice to a third
party is taken into
account so that if
damage is not apparent,
or at least if with no
intent to cause it, the
falsification
is
not
punishable
Prejudice to third person
is immaterial; what is
punished is the violation
of public faith and the
perversion of truth
b. That the accused used such falsified
dispatch;
c. That the use of the falsified dispatch
resulted in the prejudice of a third
party, or that the use thereof was with
the intent to cause such prejudice.
 Act No. 1851, Sec. 4, punishes private
individuals who forge or alter
telegram.
SECTION FIVE: FALSIFICATION OF
MEDICAL CERTIFICATES, CERTIFICATES
OF MERIT OR SERVICE AND THE LIKE
ARTICLE 174
FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATE OF MERIT OR SERVICE
Persons liable:
1. Physician or surgeon who, in connection
with the practice of profession issued a
false certificate;
2. Public officer who issued a false certificate
of merit or service, good conduct or similar
circumstances;
3. Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1
and 2.
ARTICLE 173
FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE
MESSAGES AND USE OF SAID FALSIFIED
MESSAGES
Certificate – is any writing by which testimony
is given that a fact has or has not taken place.
 The phrase “or similar circumstances” in
Article 174 does not seem to cover
property, because the circumstance
contemplated must be similar to “merit,”
“service,” or “good conduct.”
Acts punished:
1. Uttering fictitious wireless, telegraph, or
telephone messages;
2. Falsifying wireless, telegraph or telephone
messages.
ARTICLE 175
USING FALSE CERTIFICATES
Elements:
a. That the offender is an officer or
employee of the government or an
officer or an employee of a private
corporation, engaged in the service of
sending or receiving wireless, cable or
telephone message;
b. That he commits any of the above
acts.
3. Using such falsified messages.
 With respect to No. 3, the offender
need not be connected to the
government or to such corporation.
Elements:
a. That the accused knew that wireless,
cable,
telegraph
or
telephone
message was falsified by any person
st
specified in 1 paragraph of Art.173;
104
Elements:
1. That a false certificate mentioned in the
preceding article was issued;
2. That the offender knew that the certificate
was false;
3. That he used the same.
 When the use of the false certificates
in the preceding article is used in a
judicial proceeding, Art. 175 will apply.
The use of false document in judicial
proceeding under Art 172 is limited to
those false documents mentioned in
Arts. 171 and 172.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
SECTION SIX: MANUFACTURING,
IMPORTING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
ARTICLE 176
MANUFACTURING AND POSSESSION OF
INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
Acts punished:
1. Making or introducing into the Philippines
any stamps, dies, marks, or other
instruments
or
implements
for
counterfeiting;
2. Possession with intent to use the
instruments
or
implements
for
counterfeiting or falsification made in or
introduced into the Philippines by another
person.


It is not necessary that the implements
confiscated form a complete set for
counterfeiting, it being enough that they
may be employed by themselves or
together with other implements to commit
the crime of counterfeiting or falsification.
Arts. 165 and 176 punish not only actual,
physical possession, but also constructive
possession or the subjection of the thing to
one’s control.
CHAPTER TWO: OTHER FALSITIES (ARTS.
177- 184)


It does not apply to occupant under color
of title.
Republic Act No. 75 provides penalty for
usurping authority of diplomatic, consular
or other official of a foreign government in
addition to the penalty imposed by the
Revised Penal Code
There must be a positive, express, and
explicit representation on the part of the
offender
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer
ARTICLE 178
USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
Elements: (using fictitious name)
1. That the offender uses a name other than
his real name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is—
a. To conceal a crime;
b. To evade the execution of a judgment;
or
c. To cause damage to public interest.

Damage must be to public interest. If
damage is to private interest, the crime will
be estafa under Art. 315, 2(a).
SECTION ONE: USURPATION OF
AUTHORITY, RANK, TITLE AND
IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
Elements: (Concealing true name)
1. That the offender conceals:
a. his true name,
b. all other personal circumstances;
2. That the purpose is only to conceal his
identity.
ARTICLE 177
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
Fictitious name – any other name which a
person publicly applies to himself without
authority of law
Two offenses contemplated in Art. 177:
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to
be an officer, agent or representative of
the government, whether local, national or
foreign;
2. By performing any act pertaining to a
person in authority or public officer of the
government under the pretense of official
position and without authority.


Using Fictitious Name
Concealing True Name
Element of publicity must be Element of publicity is
present.
not necessary.
The purpose is either to The purpose is merely to
conceal a crime, to evade the conceal identity.
execution of a judgment, or to
cause damage.
It may be violated by a public officer.
105
CRIMINAL LAW
BOOK TWO
Using
Fictitious
Name (Art.
178)
Purpose of
the offender
is to (a)
conceal a
crime;
(b)
evade the
execution of
a judgment;
or (c) to
cause
damage to
public
interest.

Usurpation of
Civil
Status
(Art. 348)
Purpose
is to enjoy
the rights
arising
from the
civil status
of
the
person
imperson
ated
Estafa
(par.
2a, Art.
315)
Using
Fictitious
Name Under
P.D. 1829
Purpose
is
to
defraud
third
persons
Purpose
of
publicly using a
fictitious name
is to conceal a
crime,
evade
prosecution or
the execution
of a judgment
or concealing
his true name
and
other
personal
circumstances
for the same
purpose
or
purposes
The crimes under this Article may be
complexed with the crime of delivering
prisoners from jail, but may not be
complexed with evasion of service of
sentence.
COMMONWEALTH ACT NO. 142,
as amended by REPUBLIC ACT NO. 6085
An Act Regulating the Use of Aliases
General rule: No person shall use any name
different from the one with which he was
registered at birth in the office of the local civil
registry, or with which he was registered in the
Bureau of Immigration upon entry, or such
substitute name as may have been authorized
by a competent court.

ARTICLE 179
ILLEGAL USE OF UNIFORM OR INSIGNIA
Elements:
1. That the offender makes use of insignia,
uniform or dress;
2. That the insignia, uniform or dress pertains
to an office not held by the offender or to a
class of person of which he is not a
member; and
3. That said insignia, uniform or dress is
used publicly and improperly.



Exception: As pseudonym solely for literary,
cinema,
television,
radio
or
other
entertainment purposes and in athletic events
where the use of pseudonym is a normally
accepted practice.
 Any person desiring to use an alias shall
apply for authority therefor in proceedings
like those legally provided to obtain judicial
authority for a change of name.
 No person shall be allowed to secure such
judicial authority for more than one alias.
 The petition for an alias shall set forth:
1. The person’s baptismal and family
name and the name recorded in the
civil
registry,
if
different,
his
immigrant’s name, if an alien, and his
pseudonym, if he has such names
other than his original or real name,
2. The reason or reasons for the use of
the desired alias.
 The judicial authority for the use of alias,
the Christian name and the alien’s
immigrant name shall be recorded in the
106
proper local civil registry, and no person
shall use any name or names other than
his original or real name unless the same
is or are duly recorded in the proper local
civil registry.
No person having been baptized with a
name different from that with which he was
registered at birth in a local civil registry, or
in case of an alien, registered in the
bureau of immigration upon entry, or any
person who obtained judicial authority to
use an alias, or who uses a pseudonym,
shall represent himself in any public or
private transaction or shall sign or execute
any public or private document without
stating or affixing his real or original name
and all names or aliases or pseudonym he
is or may have been authorized to use.


Wearing the uniform of an imaginary office
is NOT punishable. The office must
actually exist.
An EXACT IMITATION of a uniform or
dress is UNNECESSARY.
Republic Act No. 493 punishes the
wearing of insignia, badge or emblem of
rank of the members of the Armed Forces
of the Philippines or Constabulary.
Republic Act No. 75 punishes the use of
uniform, decoration or regalia of a foreign
State
Executive Order No.297 punishes the
illegal manufacture, sale, distribution and
use of PNP uniforms, insignias and other
accoutrements.
SECTION TWO: FALSE TESTIMONY
False testimony – is committed by any
person who, being under oath, and required to
testify as to the truth of a certain matter at a
hearing before a competent authority, shall
deny the truth or say something contrary to it.
Three forms of false testimony
1. False Testimony in Criminal Cases
(Art. 180-181)
2. False Testimony in Civil Cases (Art. 182)
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
3. False Testimony in other cases (Art. 183)
ARTICLE 180
FALSE TESTIMONY AGAINST A
DEFENDANT
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under
oath against the defendant therein;
3. That the offender who gives false
testimony knows that it is false;
 Good faith is a defense
4. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.





Penalty depends upon the sentence of the
defendant against whom false testimony
was given.
Defendant must be sentenced to at least a
correctional penalty or a fine, or must be
acquitted.
The offender is liable even if his testimony
was not considered by court. The law
intends to punish the mere giving of false
testimony.
The testimony must be complete.
Art. 180 applies to Special Penal Laws
because Special Penal Laws follow the
nomenclature of the Revised Penal Code
ARTICLE 182
FALSE TESTIMONY IN
CIVIL CASES
Elements:
1. That the testimony must be given in a civil
case;
2. That the testimony must relate to the
issues presented in said case;
3. That the testimony must be false;
4. That the false testimony must be given by
the defendant knowing it to be false;
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in said case.

Civil case – an ordinary suit in a court of
justice, by which one party prosecutes
another for the enforcement or protection
of a right, or the prevention or redress or a
wrong and that every other remedy is a
special proceeding (People vs. Hernandez
67 O.G. 8330).

ARTICLE 181
FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT






The false testimony in favor of the
defendant need not directly influence the
decision of the acquittal and it need not
benefit the defendant.
Conviction or acquittal of defendant in
principal case is not necessary.
False testimony is punished not because
of the effect it actually produces but
because of its tendency to favor or to
prejudice the defendant.
A defendant who falsely testifies in his
own behalf in a criminal case can only be
guilty of Art. 181 when he voluntarily goes
upon the witness stand and falsely
imputes to some other person the
commission of a grave offense. If he
merely denies the commission of the crime
or his participation therein, he should not
be prosecuted for false testimony. (U.S.
vs. Soliman 36 Phil.5 [1917])
Testimony must be complete.
Rectification made spontaneously after
realizing the mistake is not false
testimony.
Art. 182 is NOT applicable when the false
testimony is given in special proceedings.
The criminal action for false testimony
must be suspended when there is a
pending determination of the falsity of the
subject testimonies of private respondents
in the civil case (Ark Travel Express vs.
Judge Abrogar 410 SCRA 148 [2003]).
ARTICLE 183
PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.


Falsely testifying under oath must NOT be
in a judicial proceeding.
Testimony must be complete.
Elements:
1. That the accused made a statement under
oath or executed an affidavit upon a
material matter;
2. That the statement or affidavit was made
before a competent officer authorized to
receive and administer oath;
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood;
4. That the sworn statement or affidavit
containing the falsity is required by law.
107
CRIMINAL LAW
BOOK TWO
Note: However, in People v. Angangco (G.R.
No. L-47693, Oct.12, 1943), the SC held that
the statement need not be required but that it
was sufficient if it was AUTHORIZED by law to
be made.
Material matter – is the main fact which is the
subject of the inquiry or any circumstance
which tends to prove that fact or circumstance
which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or
which legitimately affects the credit of any
witness who testifies.
Material – when it is directed to prove a fact in
issue.
a perjury may be punished under Art. 183
in relation to Art. 17.
ARTICLE 184
OFFERING FALSE TESTIMONY IN
EVIDENCE
Elements:
1. That the offender offered in evidence a
false witness or testimony;
2. That he knew the witness or testimony
was false;
3. That the offer was made in a judicial or
official proceeding.

Relevant – when it tends in any reasonable
degree to establish the probability or
improbability of a fact in issue.
Pertinent – when it concerns collateral
matters which make more or less probable the
proposition at issue.
Oath – any form of attestation by which a
person signifies that he is bound in conscience
to perform an act faithfully and truthfully.
Affidavit – a sworn statement in writing; a
declaration in writing, made upon oath before
an authorized magistrate or officer.
 Art 183 governs in false testimony given in
cases other than those punished in Arts
180-182, and in actions for perjury.
 Good faith or lack of malice is a defense in
perjury.
 There is no perjury if sworn statement is
not material to the principal matter under
investigation.
 There is no perjury through negligence or
imprudence.
 Two contradictory sworn statements are
not sufficient to convict of perjury. The
prosecution must prove which of the two
statements is false, and must show that
the statement to be false by other
evidence that the contradictory statement.


Art. 184 does not apply when the offender
induced a witness to testify falsely. Art.
184 applies when the offender knowingly
presented a false witness, and the latter
testified falsely.
Testimony must be complete
Penalty is that for false testimony if
committed in a judicial proceeding and the
penalty is that for perjury if committed in
other official proceeding.
CHAPTER THREE:
FRAUDS (Arts. 185-189)
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
Acts punishable:
1. Soliciting any gift or promise as a
consideration for refraining from taking
part in the public auction;
Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a
promise from any of the bidders;
c. That such gift or promise was the
consideration for his refraining from
taking part in that public auction.
d. That the accused had the intent to
cause the reduction of the price of the
thing auctioned.
 Consummated by mere solicitation.
Competent person – a person who has a
right to inquire into the questions presented to
him upon matters under his jurisdiction
2. Attempting to cause bidders to stay away
from an auction by threats, gifts, promises
or any artifice.
Subornation of perjury – is committed by a
person who knowingly and willfully procures
another to swear falsely and he witness
suborned does testify under the circumstances
rendering him guilty of perjury.
 Subornation of perjury is NOT expressly
penalized in the RPC, but the direct
induction of a person by another to commit
Elements:
a. That there be a public auction;
b. That the accused attempted to cause
the buyers to stay away from that
public auction;
c. That it was done by threats, gifts,
promises or any other artifice.
108
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
d. That the accused had the intent to
cause the reduction of the price of the
thing auctioned.
 Consummated by mere attempt.
ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Acts punishable:
1. Combination or conspiracy to prevent free
competition in market.
By entering into any contract or agreement
or taking part in any conspiracy or
combination in the form of a trust or
otherwise, in restraint of trade or
commerce or to prevent by artificial means
free competition in the market.
2. Monopoly to restrain free competition in
market.
By monopolizing any merchandise or
object of trade or commerce, or by
combining with any other person or
persons to monopolize said merchandise
or object in order to alter the prices thereof
by spreading false rumors or making use
of any other artifice to restrain free
competition in the market.
3. Making transactions prejudicial to lawful
commerce or to increase the market price
of merchandise.
The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or object
of commerce.
The crime is committed by (1) combining,
(2) conspiring, or (3) agreeing with any
person.
The purpose is (1) to make transactions
prejudicial to lawful commerce, or (2) to
increase the market price of any
merchandise or object of commerce
manufactured,
produced,
processed,
assembled
or
imported
into
the
Philippines.



Mere conspiracy or combination is
punished.
If the offense affects any food substance
or other particles of prime necessity, it is
sufficient that initial steps are taken.
When offense is committed by a
corporation or association, the president
and directors or managers are liable when
they (1) knowingly permitted or (2) failed to
prevent the commission of such offenses.
ARTICLE 187
IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER
OR OTHER PRECIOUS METALS OR THEIR
ALLOYS
Articles or merchandise involved:
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys.
Elements:
1. That the offender imports, sells or
disposes any of those articles;
2. That the stamps, brands or marks of those
articles or merchandise fail to indicate the
actual fineness or quality of said metal or
alloy;
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of said metal or alloy.
a. Selling the misbranded articles is NOT
necessary.
b. Art. 187 does not apply to the
manufacturer of misbranded articles.
The manufacturer is liable for Estafa
under Art.315 subdivision 2(b) of the
Revised Penal Code.
Note: Arts. 188 and 189 have been
REPEALED by the Intellectual Property Code.
REPUBLIC ACT NO. 8293
Intellectual Property Code
Intellectual Property Rights consists of:
1. Copyright and Related Rights;
2. Trademarks and Service Marks;
3. Geographic Indications;
4. Industrial Designs;
5. Patents;
6. Layout-Designs (Topographies) of
Integrated Circuits; and
7. Protection of Undisclosed Information
Technology transfer
arrangements
contracts or agreements involving the transfer
of systematic knowledge for the manufacture
of a product, the application of a process, or
rendering of a service including management
contracts; and the transfer, assignment or
licensing of all forms of intellectual property
rights, including licensing of computer software
109
CRIMINAL LAW
BOOK TWO
except computer software developed for mass
market.
Criminal
action
for
repetition
of
infringement
 If infringement is repeated by the infringer
or by anyone in connivance with him after
finality of the judgment of the court against
the infringer, the offenders shall, without
prejudice to the institution of a civil action
for damages, be criminally liable therefor.
 “The making, using, offering for sale,
selling, or importing a patented product or
a product obtained directly or indirectly
from a patented process, or the use of a
patented process without the authorization
of the patentee constitutes patent
infringement.”
Remedies for infringement
Any person infringing a right protected under
this law shall be liable:
1. To an injunction restraining such
infringement. The court may also order the
defendant to desist from an infringement,
among others, to prevent the entry into the
channels of commerce of imported goods
that involve an infringement, immediately
after customs clearance of such goods.
2. Pay to the copyright proprietor or his
assigns or heirs such actual damages,
including legal costs and other expenses,
as he may have incurred due to the
infringement as well as the profits the
infringer may have made due to such
infringement, and in proving profits the
plaintiff shall be required to prove sales
only and the defendant shall be required to
prove every element of cost which he
claims, or, in lieu of actual damages and
profits, such damages which to the court
shall appear to be just and shall not be
regarded as penalty.
3. Deliver under oath, for impounding during
the pendency of the action, upon such
terms and conditions as the court may
prescribe, sales invoices and other
documents evidencing sales, all articles
and their packaging alleged to infringe a
copyright and implements for making
them.
4. Deliver under oath for destruction without
any compensation all infringing copies or
devices, as well as all plates, molds, or
other means for making such infringing
copies as the court may order.
5. Such other terms and conditions, including
the payment of moral and exemplary
damages, which the court may deem
proper, wise and equitable and the
destruction of infringing copies of the work
110
even in the event of acquittal in a criminal
case.
 In an infringement action, the court
shall also have the power to order the
seizure and impounding of any article
which may serve as evidence in the
court proceedings. (Sec. 28, P.D. No.
49a)
 In determining the number of years of
imprisonment and the amount of fine,
the court shall consider the value of
the infringing materials that the
defendant
has
produced
or
manufactured and the damage that
the copyright owner has suffered by
reason of the infringement.
 Any person who at the time when
copyright subsists in a work has in his
possession an article which he knows,
or ought to know, to be an infringing
copy of the work for the purpose of:
a. Selling, letting for hire, or by way
of trade offering or exposing for
sale, or hire, the article;
b. Distributing the article for purpose
of trade, or for any other purpose
to an extent that will prejudice the
rights of the copyright owner in the
work; or
c. Trade exhibit of the article in
public, shall be guilty of an offense
and shall be liable on conviction to
imprisonment and fine as above
mentioned. (Sec. 29, P.D. No.
49a)
Unfair competition:
1. Any person, who is selling his goods and
gives them the general appearance of
goods of another manufacturer or dealer,
either as to the goods themselves or in the
wrapping of the packages in which they
are contained, or the devices or words
thereon, or in any other feature of their
appearance, which would be likely to
influence purchasers to believe that the
goods offered are those of a manufacturer
or dealer, other than the actual
manufacturer or dealer, or who otherwise
clothes the goods with such appearance
as shall deceive the public and defraud
another of his legitimate trade, or any
subsequent vendor of such goods or any
agent of any vendor engaged in selling
such goods with a like purpose;
2. Any person who by any artifice, or device,
or who employs any other means
calculated to induce the false belief that
such person is offering the services of
another who has identified such services
in the mind of the public; or
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
3. Any person who shall make any false
statement in the course of trade or who
shall commit any other act contrary to
good faith of a nature calculated to
discredit the goods, business or services
of another (Sec. 168.3, Intellectual
Property Code).
False Designations of Origin; False
Description or Representation
Any person who, on or in connection with any
goods or services, or any container for goods,
uses in commerce any word, term, name,
symbol, or device, or any combination thereof,
or any false designation of origin, false or
misleading description of fact, or false or
misleading representation of fact, which:
1. Is likely to cause confusion, or to cause
mistake, or to deceive as to the affiliation,
connection, or association of such person
with another person, or as to the origin,
sponsorship, or approval of his or her
goods, services, or commercial activities
by another person; or
2. In commercial advertising or promotion,
misrepresents the nature, characteristics,
qualities, or geographic origin of his or her
or another person's goods, services, or
commercial
activities
(Sec.
160,
Intellectual Property Code).


Liable to a civil action for damages and
injunction by any person who believes that
he or she is or is likely to be damaged by
such act.
Independent of the civil and administrative
sanctions imposed by law the offender
may also be criminally liable.
REPUBLIC ACT NO. 455
Law on Smuggling
Acts punishable:
1. That the merchandise must have been
fraudulently
or
knowingly
imported
contrary to law;
2. That the defendant if he is not the importer
himself, must have received, concealed,
bought, sold or in any manner facilitated
the transportation, concealment, or sale of
the merchandise and that he must be
shown to have knowledge that the
merchandise had been illegally imported.
TITLE FIVE:
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS
REPUBLIC ACT NO. 9165
Comprehensive Dangerous Drugs Act of
2002 (Repealing RA No. 6425, otherwise
known as the
Dangerous Drugs Act of 1972)
Controlled
precursors
and
essential
chemicals (CP/EC) – include those listed in
Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances
Dangerous Drugs (DD) – include those listed
in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances
 Any person charged under any provision
of this Act regardless of the imposable
penalty shall NOT be allowed to avail of
the provisions of plea-bargaining. (Sec.
23)
 Any person convicted for drug trafficking
or pushing under this Act, regardless of
the penalty imposed by the Court,
CANNOT avail of the privilege granted by
the Probation Law (PD No. 968, as
amended). (Sec. 24)
 Notwithstanding the provisions of the law
to the contrary, a positive finding for the
use of dangerous drugs shall be a
QUALIFYING
AGGRAVATING
CIRCUMSTANCE in the commission of a
crime by an offender, and the applicable
penalty provided for in the RPC shall be
applicable. (Sec. 25)
 All proceeds and properties derived from
the unlawful acts under this Act shall be
confiscated and forfeited in favor of the
State (Sec. 20)
 PDEA shall take charge and have custody
of all DD, CP/EC and equipment/
paraphernalia confiscated, seized or
surrendered for proper disposition. (Sec.
21)
 If the violators are government officials
and employees, maximum penalties of the
unlawful act plus absolute perpetual
disqualification from any public office shall
be imposed. (Sec 28).
 In addition to the penalties prescribed in
the unlawful act committed, any alien who
violates such provisions of this Act shall,
after service of sentence, be deported
immediately without further proceedings,
111
CRIMINAL LAW
BOOK TWO

unless death is the penalty. (Sec. 31)
Dangerous Drugs Test and Record
Requirement (Article III)
The following shall be subjected to undergo
drug testing:
1. Applicants for driver’s license.
2. Applicants for firearm’s license and for
permit to carry firearms outside of
residence.
 All persons who by the nature of their
profession
carry
firearms
shall
undergo drug testing.
3. Students of secondary and tertiary
schools.
4. Officers and employees of public and
private offices (whether domestic or
overseas)
 Shall be subjected to undergo a
random drug test. Any officer or
employee found positive of use of
dangerous drugs shall be dealt with
administratively which shall be a
ground for suspension or termination
subject to the provisions of Art. 282 of
the Labor Code and pertinent
provisions of the Civil Service Law.
5. Officers and members of the military,
police and other law enforcement
agencies shall undergo an annual
mandatory drug test.
6. All candidates for public office whether
appointed or elected both in the national or
local government shall undergo a
mandatory drug test. (SEE NOTE # 2)
Notes:
1. The testing requirement is no longer
required for those charged before the
prosecutor’s office. The Court held that
such testing is unconstitutional as it
effectively singles out its subject and
seeks to violate his rights against selfincrimination and privacy. A person
accused of an offense does not consent to
such testing and neither does he waive his
right to privacy simply by being a person
accused of a crime. (SJS v. DDB and
PDEA, G.R. No. 157870, November 3,
2008)
2. The Court has also held that the testing
requirement as to national officials whose
qualifications have been expressly set in
the Constitution, such as the President,
Vice
President,
Senators
and
Congressmen, is unconstitutional. Where
the Constitution has expressly set out the
qualifications, these are exclusive and
may not be broadened nor circumscribed
by legislative fiat. (SJS v. DDB and PDEA,
G.R. No. 157870, November 3, 2008)
112

Those found to be positive for
dangerous drugs shall be subjected to
the provisions of Sec. 15 (Use of
Dangerous Drugs), which involves
rehabilitation for a minimum period of
6 months for the first offense, or
imprisonment of 6 to 12 years for the
second offense.
The privilege of suspended sentence shall
be availed of only ONCE by an accused
drug dependent who is a first-time offender
over fifteen (15) years of age at the time of
the commission of the violation of Section
15 (Use of Dangerous Drugs) but not more
than eighteen (18) years of age at the time
when judgment should be promulgated.
(Sec. 68)
Acts Punished:
(For table of acts punished see Annex J)
1. Importation of dangerous drugs and/or
controlled precursors and essential
chemicals. (Section 4)
2. Sale, trading, administration, dispensation,
delivery, distribution and transportation of
dangerous
drugs
and/or
controlled
precursors and essential chemicals.
(Section 5)
3. Maintenance of a den, dive or resort.
(Section 6)
4. Employment in and visiting a den, dive or
resort. (Section 7)
5. Manufacture of dangerous drugs and/or
controlled precursors and essential
chemicals. (Section 8)
6. Illegal chemical diversion of controlled
precursors and essential chemicals.
(Section 9)
7. Manufacture or delivery of equipment,
instrument,
apparatus
and
other
paraphernalia for dangerous drugs and/or
controlled precursors essential chemicals.
(Sec. 10)
8. Possession of dangerous drugs. (Sec. 11)
9. Possession of equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs. (Sec. 12)
10. Possession of dangerous drugs during
parties, social gatherings or meetings or in
the proximate company of at least 2
persons. (Sec. 13)
11. Possession of equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs during parties, social
gatherings or meetings or in the proximate
company of at least 2 persons. (Sec. 14)
12. Use of dangerous drugs. (Sec. 15)
13. Cultivation or culture of plants classified as
dangerous drugs or are sources thereof.
(Sec. 16)
14. Failure to maintain and keep records of
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
transactions on dangerous drugs and/or
controlled precursors and essential
chemicals. (Sec. 17)
15. Unnecessary prescription of dangerous
drugs. (Sec. 18)
16. Unlawful prescription of dangerous drugs.
(Sec. 19)
Other Acts Punished Under RA 9165
1. Misappropriation, misapplication or failure
to account seized, confiscated or
surrendered DD, CP/EC and plants which
are
sources
of
DD,
instruments,
paraphernalia or lab equipment, including
proceeds/ properties obtained from the
unlawful act (Sec. 27).
2. Benefitting from the proceeds of trafficking
of dangerous drugs. (Sec. 27)
3. Receiving financial/material contributions
from persons found guilty of trafficking
dangerous drugs. (Sec. 27)
4. Planting of dangerous drugs, controlled
precursors or essential chemicals as
evidence. (Sec. 29)
5. Consenting or knowingly tolerating any
violation of RA 9165. (Sec. 30)
6. Knowingly consenting to, tolerating, or
authorizing the use of a vehicle, vessel,
aircraft, equipment or other facility, as an
instrument in the importation, sale, trading,
administration, dispensation, delivery,
distribution, transportation or manufacture
of dangerous drugs, or chemical diversion
if the same are owned by or under the
control or supervision of the officers of
juridical entities. (Sec. 30)
7. Violating any rule or regulation issued by
the DDB pursuant to RA 9165. (Sec. 32)
8. Issuance of a false or fraudulent
dangerous drug test result. (Sec. 37)
9. Violation of the confidentiality rule on
records of drug dependents under
voluntary submission. (Sec. 72)
10. Failure or refusal to appear as a witness
for any violation of this act. (Sec. 91)
11. Delay or bungling in the handling of the
prosecution of drug related cases. (Sec.
92)
Custody and Disposition of Confiscated,
Seized, Surrendered Dangerous Drugs,
Paraphernalia etc. (Sec. 21)
1. Physical inventory and photograph the
articles seized in the presence of the
accused, his representative or counsel, a
representative from the media and the
DOJ, and any elected public official who
shall be required to sign the copies of the
inventory and be given a copy thereof.
2. Submit the article within 24 hours to the
PDEA Forensic Laboratory for a qualitative
and quantitative examination.
3. Certification of the results of the laboratory
examination within 24 hours from the
receipt of the subject items. When the
volume of the subject does not allow the
completion of the examination within 24
hours, a partial laboratory report shall be
issued, with a final certification to follow
within the next 24 hours.
4. Filing of the criminal case in court.
5. Ocular inspection by the Court of the
subject
seized,
confiscated
or
surrendered.
6. Within the next 24 hours, the burning or
destroying of the items in the presence of
the accused or his counsel, representative
from the media, DOJ, civil society, and any
elected public official.
7. Sworn certification of the burning or
disposal is issued by the DDB.
8. Submission of the sworn certificate of
destruction or burning to the court.
9. After promulgation of judgment by the
court, the representative sample, with
leave of court, shall be turned over to the
PDEA which shall destroy the same within
24 hours from its receipt.
10. The DDB shall be informed of the
termination of the case.
Note: Non-compliance with the procedure
outlined in Section 21(a), of Republic Act No.
9165, shall not render void and invalid such
seizures of and custody over said items, for as
long as the integrity and evidentiary value of
the seized items are properly preserved by the
apprehending officers. (People v. Lopez GR
No. 181747 September 29, 2008)
Requisites for immunity from prosecution
and punishment: (Sec. 33)
1. The accused should be prosecuted for
violation of Sec. 7, 11, 12, 14, 15, and 19
of the said Act;
2. Voluntarily gives information of any of
these acts: Sec. 4, 5, 6, 8, 12, 13, and 16;
violation of any other provisions of the Act
if committed by a syndicate including any
information leading to the whereabouts,
identities, and arrests of any/ all of the
syndicate members;
3. He willingly testifies against any of the
individuals;
4. His testimony has complied with the
following:
a. It is necessary for the conviction of the
above persons;
b. It is not yet in the possession of the
State;
c. It can be substantially corroborated in
his material points;
113
CRIMINAL LAW
BOOK TWO
d. The witness has not been convicted of
the crime involving moral turpitude
except when there is no evidence
available for his prosecution other
than the testimony of the witness;
e. The witness shall strictly and faithfully
comply without delay any conditions/
undertaking lawfully imposed by the
Sate;
f. The witness does not appear to be the
most guilty; and
g. There is no direct evidence of
available mistake except for the
testimony of the witness.
Grounds for termination of immunity: (Sec.
34)
1. If the testimony is false, malicious, or may
only harass or prejudice the accused.
2. Failure or refusal to testify without just
cause.
3. Violating any condition for immunity.
Effect of termination of immunity: (Sec. 34)
The immunity shall cease and the witness
shall be prosecuted or cited for contempt.
Voluntary submission of a drug dependent
to confinement, treatment and
rehabilitation (Sec. 54)
 The drug dependent may, by himself/
herself or through his/ her parent, spouse,
th
guardian or relative within the 4 degree of
consanguinity or affinity, apply to the
Board
or
its
duly
recognized
representative,
for
treatment
and
rehabilitation of the drug dependency
 Upon such application, the Board shall
bring forth the matter to the Court which
shall order that the applicant be examined
for drug dependency.
 If positive:
a. The court issues an order for
rehabilitation and treatment to a
center for not less than 6 months;
or
b. May be placed in the care of DOH
accredited physician if there’s no
available center; or
c. When the drug dependent is
under 18 years old, and first time
offender, and non-confinement in
a center, will not pose a serious
danger to his/ her family or
community

114
Confinement in a center shall not
exceed 1 year, after which time the
Court, as well as the board, shall be
apprised by the head of the treatment
and rehab center of the status of said
drug dependent and determine
whether further confinement will be for
the welfare of the drug dependent and
his/ her family or community.
Exemption from the Criminal Liability
under the Voluntary Submission Program
(Sec. 5):
Requisites:
1. He/ she has complied with the rules and
regulations of the center, the applicable
rules and regulations of the Board,
including the after-care and follow-up
program for at least 18 months following
temporary discharge from confinement in
the center
2. He/ she has never been charged or
convicted under this Act
3. He/ she has no record of escape from a
center
4. He/ she possesses no serious danger to
himself/ herself, his/ her family or the
community by his/ her exemption from
criminal liability.
Compulsory confinement of a drug
dependent who refuses to apply under the
voluntary submission program (Sec. 61):
 Notwithstanding any law, rule and
regulation to the contrary, any person
determined and found to be dependent on
dangerous drugs shall, upon petition by
the Board or any of its authorized
representative, be confined for treatment
and rehabilitation in any Center duly
designated or accredited for the purpose
 Such petition may be filed by any person
authorized by the Board with the RTC of
the province or city where such person is
found.
Prescription of the offense charged against
a drug dependent under the Compulsory
Submission Program (Sec. 63)
 It will not run during the time that the drug
dependent is under confinement in a
Center or otherwise under the treatment
and rehabilitation program approved by
the Board
Suspension of Sentence of a First-Time
Minor Offender (Sec. 66)
 Accused: over 15 years old at the time of
violation of Sec. 11 of this Act but not
more than 18 years old at the time when
the
judgment
should
have
been
promulgated after having been found guilty
of said offense. Suspension may be given
subject to the following conditions:
 Has not been previously convicted of
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS


violating any provision of CDDA of
2002, DDA of 1972 , RPC, or any
special penal laws
Has not been previously committed to
a Center or to the care of a DOHaccredited physician; and
Board favorably recommends it
Discharge After Compliance with
Conditions of Suspended Sentence of a
First-Time Minor Offender (Sec. 67)
 If the first time minor offender under
suspended sentence complies with the
rules and regulations of the Board, the
court, upon recommendation of the Board,
shall discharge the accused and dismiss
all proceedings.
Dangerous Drugs Board and Philippine
Drug Enforcement Agency (Article IX)
Dangerous Drugs Board – shall be the
policy-making and strategy-formulating body in
the planning and formulation of policies and
programs on drug prevention and control.
Philippine Drug Enforcement Agency
(PDEA)- shall serve as the implementing arm
of the Board, and shall be responsible for the
efficient and effective law enforcement of all
the provisions on any dangerous drug and/or
controlled precursor and essential chemical as
provided in the Act.
 Among the powers and duties of the
PDEA is to prepare for prosecution or
cause the filing of appropriate criminal and
civil cases for violation of all laws on
dangerous drugs, controlled precursors
and essential chemicals, and other similar
controlled substances, and assist, support
and coordinate with other government
agencies for the proper and effective
prosecution of the same. (Sec. 84 [h])
The PDEA shall be the lead agency in the
investigation of any violation of RA No. 9165.
(Sec. 86, last par.)
TITLE SIX:
CRIMES AGAINST PUBLIC MORALS
CHAPTER ONE: GAMBLING AND BETTING
(ARTS. 195-199)

Arts. 195-199 and provisions of PD 483
and 449 are repealed insofar as they are
inconsistent with PD 1602, which provides
for stiffer penalties for violation of the
Gambling Laws.
Gambling – is any game of chance or
scheme, whether upon chance or skill,
wherein wagers consisting of money, articles
or value or representative of value are at stake
or made.
Under PD 1602, the following may be held
liable:
1. Any person taking part, directly or
indirectly in any illegal or unauthorized
activities or games of cockfighting,
jueteng, jai alai or horse racing to include
bookie operations and game fixing,
numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black
jack, lucky nine, poker and its derivatives,
monte, baccarat, cuajo, pangguigue and
other card games; pak que, high and low,
mahjong, domino and other games using
plastic tiles and the like; slot machines,
roulette, pinball and other mechanical
contraptions and devices; doc racing, boat
racing, car racing and other forms of
races; basketball, boxing, volleyball,
bowling, pingpong and other forms of
individual or team contests to include
game fixing, point shaving and other
machinations; banking or percentage
game, or any other game or scheme,
whether upon chance or skill, wherein
wagers consisting of money, articles of
value or representative of value are at
stake or made; or any person knowingly
permitting any form of gambling previously
enumerated to be carried on in an
inhabited or uninhabited place or in any
building, vessel or other means of
transportation owned or controlled by him.
2. Any person knowingly permitting any form
of gambling to be carried on in a place
which has a reputation of a gambling place
or that prohibited gambling is frequently
carried on therein, or in a public or
government building or barangay hall; or
maintainer or conductor the above
gambling schemes.
3. A government official who is a maintainer,
conductor or banker of the gambling
schemes, or the player, promoter, referee,
umpire, judge or coach in case of game
fixing,
point
shaving
and
other
machinations.
4. Any person who knowingly and without
lawful purpose in any hour of any day,
possesses any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner
used in the games of jueteng, jai alai or
horse racing bookies and similar games of
lotteries and numbers which have taken
115
CRIMINAL LAW
BOOK TWO
place or about to take place.
5. Any barangay official who, with knowledge
of the existence of the gambling house or
place in his jurisdiction fails to abate the
same or take action in connection
therewith.
6. Any security officer, security guard,
watchman, private or house detective of
hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling
activities are being held.
Elements of lottery:
1. Consideration;
2. Chance;
3. Prize or some advantage or inequality in
amount or value which is in the nature of a
prize.
ARTICLE 195
KNOWINGLY PERMITTING GAMBLING TO
BE CARRIED ON IN A PLACE OWNED OR
CONTROLLED BY THE OFFENDER
Elements:
1. That a gambling game was carried on in
an inhabited or uninhabited place or in any
building, vessel or other means of
transportation;
2. That the place, building, vessel or other
means of transportation is owned or
controlled by the offender
3. That the offender permitted the carrying on
of such game, knowing that it is a
gambling game.
ARTICLE 196
IMPORTATION SALE AND POSSESSION
OF LOTTERY TICKETS OR
ADVERTISEMENTS
Acts punished relative to lottery tickets or
advertisements:
1. By importing into the Philippines from any
foreign place or port any lottery ticket or
advertisement.
2. By selling or distributing the same in
connivance with the importer.
3. By possessing, knowingly and with intent
to use, lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.

116
The possession of any lottery ticket or
advertisement is prima facie evidence of
an intent to sell, distribute or use the
same.
PRESIDENTIAL DECREE NO. 483
Penalizing Betting, Game-fixing or
Point-Shaving and Machinations in
Sport Contests
Note: This repealed Article 197 (Betting in
Sports Contests) of RPC.
Acts punishable: Game-fixing, point-shaving,
game machination, in connection with the
games of basketball, volleyball, softball,
baseball; chess, boxing bouts, “jai-alai,”
“pelota” and all other sports contests, games
or races; as well as betting therein except as
may be authorized by law (Sec. 2)
Definitions:
1. Betting – betting money or any object or
article of value or representative of value
upon the result of any game, races and
other sports contests
2. Game-fixing
–
any
arrangement,
combination, scheme or agreement by
which the result of any game, races or
sports contests shall be predicted and/or
known other than on the basis of the
honest playing skill or ability of the players
or participants
3. Point-shaving – any such arrangement,
combination, scheme, or agreement by
which the skill of ability of any player or
participant in a game, race or sports
contest to make points or scores shall be
limited deliberately in order to influence
the result thereof in favor of one or the
other team, player or participant therein
4. Game machination – any other
fraudulent, deceitful, unfair or dishonest
means, method, manner or practice
employed for the purpose of influencing
the result of any game, race or sports
contest (Sec 1)
Liability of offenders:
 When the offender is an official, such as
promoter, referee, umpire, judge, or coach
in the game, race, sports contests, or the
manager or sponsor of any participating
team, individual, or player therein, or
participants or players in such games,
races, or other sports contests, he shall,
upon conviction be punished by prision
correccional in its maximum period and a
fine of 2,000 pesos with subsidiary
imprisonment in case of insolvency, at the
discretion of the court. This penalty shall
also be imposed when the offenders
compose a syndicate of five or more
persons.
 In case of any other offender; he shall,
upon conviction, be punished by prision
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

correccional in its medium period and a
fine of 1,000 pesos with subsidiary
imprisonment in case of insolvency at the
discretion of the court.
When the offender is an official or
employee of any government office or
agency concerned with the enforcement
or administration of laws and regulations
on sports the penalty provided for in the
preceding paragraph shall be imposed. In
addition, he shall be disqualified from
holding any public office or employment
for life. If he is an alien, he may be
deported. (Section 3)
ARTICLE 198
ILLEGAL BETTING ON HORSE RACES
Acts punishable in illegal betting on horse
races:
1. By betting on horse races during the
periods not allowed by law.
2. By maintaining or employing a totalizer or
other device or scheme for betting on
races or realizing profit therefrom, during
the periods not allowed by law.
Totalizer: a machine for registering and
indicating the number and nature of bets made
on horse races.
Horse Races are allowed during:
1. Sundays not reserved
2. 24 Saturdays
3. Legal Holidays EXCEPT:
a. Independence Day
b. Rizal Day
c. Registration or Voting day
d. Holy Thursday
e. Good Friday
ARTICLE 199
ILLEGAL COCKFIGHTING
Modified by: PD 449
Under PD 449, the following may be held
liable:
1. Any person who, directly or indirectly,
participates in cockfights, by betting
money or other valuable things in a day
other than those permitted by law.
2. Any person who, directly or indirectly,
organizes cockfights at which bets are
made in a day other than those permitted
by law.
3. Any person who, directly or indirectly,
participates in cockfights, by betting
money or other valuable things at a place
other than a licensed cockpit.
4. Any person who, directly or indirectly,
organizes cockfights at which bets are
made at a place other than a licensed
cockpit.
5. Owner, manager or lessee of the cockpit
who shall permit gambling of any kind on
the premises of the cockpit or place of
cockfighting during cockfights.
Cockfighting is allowed during:
1. Sundays
2. Legal Holidays EXCEPT:
a. Rizal Day
b. Independence Day
c. National Heroes Day
d. Holy Thursday
e. Good Friday
f. Election or Referendum Day
g. During the Registration days for
election or referendum
3. During local fiestas for not more than 3
days
4. During provincial, city or municipal,
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of
three days
CHAPTER TWO: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
(ARTS. 200-202)
ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous
as offending against decency or good
customs.
3. That the highly scandalous conduct is not
expressly falling within any article of this
Code.
4. That the act or acts complained of be
committed in a public place or within the
public knowledge or view.
Decency – means proprietary of conduct;
proper observance of the requirements of
modesty, good taste, etc.
Customs – established usage, social
conventions carried on by tradition and
enforced by social disapproval of any violation
thereof
Grave scandal – consists of acts which are
offensive to decency and good customs which,
having committed publicly, have given rise to
public scandal to persons who have
accidentally witnessed the same

If the act or acts of the offender are
punished under another article of the
117
CRIMINAL LAW
BOOK TWO

Revised Penal Code, Art. 200 is NOT
applicable.
When the acts were performed in a private
house and seen by one person, the crime
was not committed.
Grave Scandal
Alarms and Scandal
Refers to moral scandal.
It does not necessarily
disturb public peace.
However, it must be
committed within public
view.
Refers to disturbances of
the public peace which
are not to acts which are
offensive to decency.
ARTICLE 201
IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Persons Liable:
1. Those who shall publicly expound or
proclaim doctrines openly and contrary to
public morals.
2. The authors of obscene literature,
published with their knowledge in any
form; the editors publishing such literature;
and
the
owners,
operating
the
establishment or selling the same.
 Mere possession is not punishable.
 The crime of illegal publication is also
committed when the real printer’s
name is not divulged.
3. Those
who,
in
theaters,
fairs,
cinematographs or any other place, exhibit
indecent or immoral shows which are
proscribed or are contrary to morals, good
customs, established policies, lawful
orders, decrees and edicts
4. Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or
literature which are offensive to morals

Publicity is required.
Morals – imply conformity with the generally
accepted standards of goodness or rightness
in
conduct
or
character,
sometimes,
specifically, to sexual conduct
The Test of Obscenity
The test is whether the tendency of the matter
charged as obscene, is to corrupt those whose
minds are open to such immoral influences,
and into whose hands such a publication may
fall and also whether or not such publication or
act shocks the ordinary and common sense of
men as an indecency.
Indecency – an act against the good behavior
and a just delicacy
118
Disposition of prohibited articles:
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other
materials involved in violation shall be
governed by the following rules:
1. Upon conviction of the offender – to be
forfeited in favor of the government to be
destroyed.
2. Where the criminal case against the
violator of the decree results in an
acquittal – to be forfeited in favor of the
government to be destroyed, after
forfeiture proceedings conducted by the
chief constabulary.
3. The person aggrieved by the forfeiture
action of the Chief of Police may, within 15
days after his receipt of the copy of the
decision, appeal the matter to the
Secretary of the National Defense for
review. The decision of the Secretary of
the National Defense shall be final and
unappealable. (Sec. 2, P.D. 969)
Obscene publications and indecent shows
under RA 7610
Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform
in obscene exhibition and indecent shows,
whether live or in video, pose, or model in
obscene
publications
or
pornographic
materials or to sell or distribute the said
materials shall suffer the penalty of prision
mayor in its medium period.
If the child used as a performer, subject or
seller/ distributor is below twelve (12) years of
age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian or person entrusted
in any capacity with care of a child who shall
cause and/ or allow such child to be employed
or to participate in an obscene play, scene,
act, movie or show in any other acts covered
by this section shall suffer the penalty of
prision mayor in its medium period.
ARTICLE 202
VAGRANTS AND PROSTITUTES
Persons Liable:
1. Any person having no apparent means of
subsistence, who has the physical ability
to work and who neglects to apply himself
to some lawful calling; (Mendicant)
2. Any person found loitering about public or
semipublic buildings or places or tramping
or wondering about the country or the
streets without visible means of support;
3. Any idle or dissolute person who lodges in
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
houses of ill fame; ruffians or pimps and
those who habitually associate with
prostitutes; (Vagrant)
4. Any person who, not being included in the
provisions of other articles of this Code,
shall be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose.
5. Prostitutes
Art. 202 is NOT applicable to minors
Persons below eighteen (18) years of age
shall be exempt from prosecution for the
crimes of vagrancy and prostitution under Art.
202 of the RPC, of mendicancy under PD
1563, and sniffing of rugby under PD 1619,
such prosecution being inconsistent with the
United Nations Convention on the Rights of
the Child: Provided, That said persons shall
undergo appropriate counseling and treatment
program. (Sec. 58, RA 9344 otherwise known
as the “Juvenile Justice and Welfare Act of
2006”)
Prostitutes – women who, for money or profit
habitually indulge in sexual intercourse or
lascivious conduct.
authority.


CHAPTER TWO: MALFEASANCE AND
MISFEASANCE IN OFFICE (ARTS. 204-212)
SECTION ONE: DERELICTION OF
DUTY
Misfeasance – improper performance of some
act which might lawfully be done
Malfeasance – the performance of some act
which ought not to be done
Nonfeasance – omission of some act which
ought to be performed
ARTICLE 204
KNOWINGLY RENDERING
UNJUST JUDGMENT
Dissolutes- lax, unrestrained, immoral
Ruffians- violent or lawless individuals
Persons Liable under PD 1563 or the
Mendicancy Law:
 Mendicant himself
 Any person who abets mendicancy by
giving alms directly to mendicants,
exploited infants, and minors on public
roads, sidewalks, parks and bridges.
The term “public officers” embraces every
public servant from the highest to the
lowest. For the purposes of the RPC, it
obliterates the standard distinction in the
law of public officers between “officer” and
“employee.”
Temporary
performance
of
public
functions by a laborer makes him a public
officer
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case
submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is
unjust.
TITLE SEVEN:
CRIMES COMMITED BY A PUBLIC
OFFICER
Judgment – the final consideration and
determination of a court of competent
jurisdiction upon the matters submitted to it, in
an action or proceeding
ARTICLE 203
WHO ARE PUBLIC OFFICERS
Unjust judgment – is one which is contrary to
law, or is not supported by evidence, or both
Requisites:
To be a public officer one must be –
1. Taking part in the performance of public
functions in the government, or performing
in said Government or in any of its
branches public duties as an employee,
agent or subordinate official, of any rank or
class; and
2. That his authority to take part in the
performance of public functions or to
perform public duties must be –
a. By direct provision of the law, or
b. By popular election, or
c. By
appointment
by
competent
Sources of unjust judgment:
1. Error, or
2. Ill-will or revenge, or
3. Bribery


There is no liability at all for a mere error in
good faith.
There must be evidence that the judgment
is unjust for it cannot be presumed. The
Supreme Court must have declared the
judgment as unjust in a certiorari,
prohibition, or administrative proceeding.
119
CRIMINAL LAW
BOOK TWO
ARTICLE 205
JUDGMENT RENDERED THROUGH
NEGLIGENCE
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case
submitted to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable
negligence or ignorance.
“Manifestly Unjust Judgment” - It is so
manifestly contrary to law, that even a person
having a meager knowledge of the law cannot
doubt the injustice (Albert)

Abuse of discretion or mere error of
judgment is NOT punishable.
ARTICLE 206
UNJUST INTERLOCUTORY ORDER
Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory
order or decree, or
b. Renders
a
manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
Interlocutory order – an order which is
issued
by
the
court
between
the
commencement and the end of a suit or action
and which decides some point or matter, but
which, however, is not a final decision of the
matter in issue
Test: Does it leave something to be done in
the trial court with respect to the merits of the
case? If it does, it is interlocutory; if it does not,
it is final.
ARTICLE 207
MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
Elements:
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of
justice;
4. That the delay is malicious, that is, the
delay is caused by the judge with
deliberate intent to inflict damage on either
party in the case.
 Mere delay without malice is NOT a
felony under this article.
 If the delay is NOT malicious, but
committed through gross negligence,
120
the crime committed is that under RA
3019, Sec. 3(e).
ARTICLE 208
PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
Acts punished:
1. By maliciously refraining from instituting
prosecution against violators of the law;
2. By maliciously tolerating the commission
of a crime.
Elements:
1. That the offender is a public officer who
has a duty to cause the prosecution of, or
to prosecute offenses;
2. That knowing the commission of the crime,
he does not cause the prosecution of the
criminal or knowing that a crime is about to
be committed he tolerates its commission;
and
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law.
The guilt of the offender is a prejudicial
question to the liability of the officer charged
under this provision.
Who Can Be Offenders in Art. 208?
1. Public officer
Officers of the prosecution department,
whose duty is to institute criminal
proceedings upon being informed
2. Officer of the law
By reason of position held by them are
duty-bound to cause prosecution and
punishment of offenders.
Note: Any person who solicits, accepts, or
agrees to accept any benefit in consideration
of abstaining from, discounting, or impeding
the prosecution of a criminal offender is liable
under PD 1829.
ARTICLE 209
BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR —
REVELATION OF SECRETS
Acts punished:
1. Causing damage to his client, either:
a. By
any
malicious
breach
of
professional duty; or
b. Inexcusable negligence or ignorance
 If no damage is caused, attorney may
be held administratively or civilly
liable.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
2. Revealing any of the secrets of his client
learned by him in his professional capacity
 Damage is NOT necessary.
3. Undertaking the defense of the opposing
party in the same case without the consent
of his first client after having undertaken
the defense of said first client or after
having received confidential information
from said client
 If the client consents to the attorney’s
taking the defense of the other party,
there is no crime.
Procurador judicial – a person who had
some practical knowledge of law and
procedure, but not a lawyer, and was
permitted to represent a party in a case before
an inferior court
SECTION TWO: BRIBERY
ARTICLE 210
DIRECT BRIBERY


Acts Punished
1. By agreeing to perform, or by performing
in consideration of any offer, promise, gift
or present, an act constituting a crime, in
connection with the performance of official
duties.
 The acceptance of the offer or
promise is enough to consummate the
crime. Absent such acceptance, only
the person making the offer or
promise is liable for Attempted
Corruption of a Public Officer.
2. By accepting a gift in consideration of
execution of an act which does
constitute a crime, in connection with
performance of his official duty.
 The gift must be accepted by
public officer.
 The act must be unjust.
himself or through another;
3. That such offer or promise be accepted, or
gift or present received by the public
officer –
a. With a view to committing some crime;
or
b. In consideration of the execution of an
act which does not constitute a crime,
but the act must be unjust; or
c. To refrain from doing something which
it is his official duty to do;
4. That the act which the offender agrees to
perform or which he executes be
connected with the performance of his
official duties.
The provisions of Art. 210 are made
applicable to assessors, arbitrators,
appraisal and claim commissioners,
experts or any other persons performing
public duties. (Art. 210, last par.)
For the purpose of punishing bribery, the
temporary performance of public functions
is sufficient to constitute a person a public
officer.
ARTICLE 211
INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by
reason of his office.
Direct Bribery
Indirect Bribery
As to consideration
the
not
the
In both crimes the public officer receives gift.
As to existence of agreement
the
3. By agreeing to refrain, or by refraining,
from doing something which it is his official
duty to do, in consideration of a gift or
promise.
 The third form of direct bribery differs
from prevaricacion in that in bribery,
the offender refrained from doing his
official duty in consideration of a gift
received or promised. This element is
not necessary in the crime of
prevaricacion.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a
promise or receives a gift or present by
There is agreement
between the public
officer and the giver of
gift or present.
No such
exists
agreement
As to necessity of the performance of the act
The offender agrees to
perform or performs an
act or refrains from
doing
something,
because of the gift or
promise.

It is not necessary that
the officer should do
any particular act or
even promise to do an
act, as it is enough that
he accepts gifts offered
to him by reason of his
office.
There is no attempted or frustrated indirect
bribery because it is committed by
accepting gifts offered to the public officer
by reason of his office. If he does not
accept the gifts, he does not commit the
121
CRIMINAL LAW
BOOK TWO
crime. If he accepts the gifts, it is
consummated.
It is considered indirect bribery even if
there was a sort of an agreement between
public officer and giver of gift.
Receiving of gifts by public officials and
employees, and giving of gifts by private
persons, on any occasion, including
Christmas is punishable.


Note: PD 46 punishes:
1. Any public official or employee who
receives, directly or indirectly; and
2. Any private person who gives, or offers to
give:
 Any gift, present or other valuable
thing to any occasion, when such gift,
present or other valuable thing is
given by reason of the former’s official
position, whether the same is for past
favors or the giver hopes or expects to
receive a favor or better treatment in
the future from the public official or
employee concerned in the discharge
of his official functions
Included within the prohibition is the throwing
of parties or entertainments in honor of the
official or employees or his immediate
relatives.
ARTICLE 211-A
QUALIFIED BRIBERY
Elements:
1. That the offender is a public officer
entrusted with law enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has
committed a crime punishable by reclusión
perpetua and/or death;
public officer; and
2. That the offers or promises are made or
the gifts or presents given to a public
officer, under circumstances that will make
the public officer liable for direct bribery or
indirect bribery.



This article is concerned with the liability of
the person who shall have made the offers
or promises or given the gifts to the public
officer.
The crime is attempted if the offer,
promise, gift or present was refused and
consummated if accepted.
PD 749 grants immunity from prosecution
to givers of bribes and other gifts and to
their accomplices if they willingly testify
against public officers or employees in
bribery and other graft cases. For the
immunity to be enjoyed, the following
conditions must concur:
a. The information must refer to
consummated violations of any of the
provisions
of
law,
rules
and
regulations mentioned in PD 749;
b. The information and testimony are
necessary for the conviction of the
accused public officer;
c. Such information and testimony are
not yet in the possession of the State
d. Such information and testimony can
be corroborated on its material points;
and
e. The informant or witness has not been
previously convicted of a crime
involving moral turpitude.
REPUBLIC ACT NO. 3019
As amended by RA 3047, PD 77, and BP
195 Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms
Note: If the crime committed is punishable
by a penalty less than reclusion perpetua,
the public officer is liable under Article 208
and direct bribery.
3. That the offender refrains from arresting or
prosecuting the offender in consideration
of any promise, gift or present.
The guilt of the offender is a prejudicial
question to the liability of the officer charged
under this provision.
ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes, offers or
promises or gives gifts or presents to a
122
Government – the national government, the
local government, the GOCCs and all other
instrumentalities
or
agencies
of
the
government
Public officer – elective and appointive
officials and employees, permanent or
temporary, whether in the classified or
unclassified or exempt services receiving
compensation, even nominal from the
government.
“Receiving any gift” - accepting directly or
indirectly a gift from a person other than a
member of the public officer's immediate
family, in behalf of himself or of any member of
his family or relative within the fourth civil
degree, either by consanguinity or affinity,
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
even on the occasion of a family celebration or
national festivity like Christmas, if the value of
the gift is under the circumstances manifestly
excessive.
Section 3. Corrupt Practices of Public
Officials:
The corrupt practices herein enumerated are
in addition to acts or omissions of public
officers already penalized by existing law.
1. Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and
regulations
duly
promulgated
by
competent authority or an offense in
connection with the official duties of the
latter, or allowing himself to be persuaded,
induced, or influenced to commit such
violation or offense
Persons Liable:
a. Public officer who persuades, induces,
or influences another public officer.
b. Public officer who is persuaded,
induced or influenced.
2. Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
other contract or transaction between the
government and any other party, wherein
the public officer in his official capacity has
to intervene under the law
 The lack of “demand” is immaterial.
After all, Sec. 3(b) of RA 3019 uses the
word “or” between requesting and
receiving.
 There must be a clear intention on the
part of the public officer to take the gift
so offered and consider it as his or her
own property from then on. Mere
physical receipt unaccompanied by any
other sign, circumstance or act to show
acceptance is not sufficient to lead the
court to conclude that the crime has
been committed. (Peligrino vs. People,
G.R. No. 136266, August 31, 2001)
3. Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for himself or
for another, from any person for whom the
public officer, in any manner or capacity
has secured or obtained, or will secure or
obtain, any government permit or license,
in consideration for the help given or to be
given, without prejudice to Sec. 13 of this
Act.
4. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within 1 year after his
termination.
5. Causing any undue injury to any party,
including the government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge
of his administrative or judicial functions
through manifest partiality, evident bad
faith or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or Government
corporations charged with the grant of
licenses or permits or other concessions
 To be held liable under said section,
the act of the accused which caused
undue injury must have been done
with manifest partiality, evident bad
faith or gross inexcusable negligence.
 If the act was committed with malice,
the crime committed may be that
under Article 207 (malicious delay in
the administration of justice) of the
RPC.
 Gross negligence negligence
characterized by the want of even
slight care, acting or omitting to act in
a situation where there is a duty to act,
not inadvertently but willfully and
intentionally
with
a
conscious
indifference to consequences in so far
as other persons may be affected. It is
the omission of that care which even
inattentive and thoughtless men never
fail to take on their property.
(Alejandro v. People, G.R. No. 81031,
February 20, 1989) In case of public
officials, there is gross negligence
when a breach of duty is flagrant and
palpable. (Quibal v. Sandiganbayan,
G. R. No. 109991, May 22, 1995).
6. Neglecting or refusing, after due demand
or request, without sufficient justification,
to act within reasonable time on any
matter pending before him for the purpose
of obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary
or
material
benefit
or
advantage, or for the purpose of favoring
his own interest or giving undue
advantage in favor of or discriminating
against any other interested party.
7. Entering on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
123
CRIMINAL LAW
BOOK TWO
will profit thereby.
 It is not necessary that the public
officer profited or will profit from the
contract or transaction. It is the
commission of the act as defined by
law and not the character thereof that
determines whether the provision has
been violated.
8. Directly or indirectly having financial or
pecuniary interest in any business,
contract or transaction in connection with
which he intervenes or takes part in his
official capacity, or in which he is
prohibited by the Constitution or by law
from having any interest.
9. Directly or indirectly becoming interested,
for personal gain, or having material
interest in any transaction or act requiring
the approval of a board, panel or group
which he is a member; and which
exercises discretion in such approval,
even if he votes against the same or does
not participate in the action of the board,
committee, panel or group
 Interest for personal gain shall be
presumed against those public
officers responsible for the approval
of manifestly unlawful, inequitable, or
irregular transactions or acts by the
board, panel or group to which they
belong.
10. Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not
legally entitled to such license, permit,
privilege or advantage, or of a mere
representative or dummy of one who is not
qualified or entitled.
11. Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized date
 If damage was caused, Article 229
(revelation of secrets by an officer)
under the RPC is committed.
Section
4.
Prohibition
on
Private
Individuals
1. Taking advantage of family or close
personal relation with public official is
punished
Family relation- include the spouse or
relatives by consanguinity or affinity in the
third civil degree
124
Close personal relation- include close
personal friendship, social and fraternal
connections, and professional employment
all giving rise to intimacy which assures
free access to such public officer.
2. Knowingly inducing or causing any public
official to commit any of the offenses
defined in Section 3
Section 5. Prohibition on certain relatives
 The spouse or any relative, by
RD
consanguinity or affinity, within the 3
CIVIL DEGREE, of the President, the
Vice-President, Senate President, or the
Speaker of the House of Representatives
is prohibited to intervene directly or
indirectly, in any business, transaction,
contract
or
application
with
the
government.
Exceptions to the provisions:
a. Any person who prior to the
assumption of office of any of those
officials to whom he is related, has
been already dealing with the
government along the same line of
business, nor to any transaction,
contract or application already existing
or pending at the time of such
assumption of public office
b. Any application filed by him, the
approval of which is not discretionary
on the part of the official or officials
concerned
but
depends
upon
compliance
with
the
requisites
provided by law, or rules or
regulations issued pursuant to law
c. Any act lawfully performed in an
official capacity or in the exercise of a
profession
Section 6. Prohibition on Members of
Congress
 Members of Congress during their term
are prohibited to acquire or receive any
personal pecuniary interest in any specific
business enterprise which will be directly
and particularly favored or benefited by
any law or resolution authored by them.
 The prohibition shall also apply to any
public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution and
acquires or receives any such interest
during his incumbency.
 The member of Congress or other public
officer, who, having such interest prior to
the approval of a law or resolution
authored or recommended by him,
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
continues for thirty days after such
approval to retain his interest also violates
this section.
Section 8. Prima facie evidence of and
dismissal due to unexplained wealth
 A public official who has been found to
have acquired during his incumbency,
whether in his name or the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary and to his lawful income (RA 1319)
 Ground for forfeiture of unexplained wealth
Section 11. Prescription of offenses
 15 years – prescriptive period of all
offenses under the Act
decrees and orders intended to benefit
particular persons or special interests;
6. By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves.

These should be committed by a
combination or through a series of acts.
There should be at least two acts
otherwise the accused should be charged
with the particular crime committed and
not with plunder. A COMBINATION means
at least two acts of a different category
while a SERIES means at least two acts of
the
same
category
(Estrada
vs.
Sandiganbayan,
G.R.
No.
148560,
November 21, 2001).
Section 12. Termination of office
No public officer is allowed to resign or
retire:
1. Pending
investigation,
criminal
or
administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the
provisions of the RPC on Bribery
Section 14. Exception
Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude of friendship
according to local custom or usage
REPUBLIC ACT NO. 7080
ANTI-PLUNDER ACT
Means or schemes to acquire ill-gotten
wealth:
1. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury;
2. By receiving directly or indirectly, any
commission, gift, share, percentage or any
other form of pecuniary benefit from any
person and/or entity in connection with any
government contract/project or by reason
of his office/position;
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
government;
4. By obtaining, receiving or accepting,
directly or indirectly, any shares of stock,
equity or any other form of interest or
participation including the promise of
future employment in any business
enterprise or undertaking;
5. By establishing agricultural, industrial or
commercial
monopolies
or
other
combinations
and/or
implementing
Section 2. Definition of the Crime of
Plunder; Penalties
Plunder – a crime committed by any public
officer, by himself , or in connivance with his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos.
 Penalty: Reclusion Perpetua to Death
 Mitigating and extenuating circumstances
shall be considered by the courts in the
imposition of penalty.
Section 4. Rule of Evidence
 It is NOT necessary to prove each and
every criminal act done. A pattern of overt
or criminal acts indicative of the over-all
unlawful scheme or conspiracy shall be
sufficient.
Section 6. Prescription of Crimes
 The crime punishable under this Act shall
prescribe in 20 years. However, the right
of the State to recover properties
unlawfully acquired by public officers from
them or from their nominees or transferees
shall not be barred by prescription or
laches or estoppel.
 Plunder is a crime malum in se because
the constitutive crimes are mala in se. The
elements of mens rea must be proven in a
prosecution for plunder. (Estrada vs.
Sandiganbayan,
G.R.
No.
148560,
November 21, 2001)
125
CRIMINAL LAW
BOOK TWO
reason of the transaction. It is sufficient
that the public officer who acted in his
official capacity had the intent to defraud
the Government.
CHAPTER THREE: FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS
(ARTS. 213-216)
ARTICLE 213
FRAUD AGAINST THE TREASURY AND
SIMILAR OF OFFENSES
Acts Punished
1. By entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
Government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds
2. By demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in the
collection of taxes, licenses, fees, and
other imposts
3. By failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, in the collection
of taxes, licenses, fees and other imposts
4. By collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts
Elements of frauds against public treasury
(Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of
his office, that is, he intervened in the
transaction in his official capacity;
3. That he entered into an agreement with
any interested party or speculator or made
use of any other scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of
accounts relating to public property or
funds
4. That the accused had intent to defraud the
Government.


126
The offender must have the duty as public
officer to deal with any person with regard
to furnishing supplies, making of contracts,
or the adjustments or settlement of
accounts relating to public property or
funds.
This crime is consummated by merely
entering into an agreement with any
interested party or speculator or by merely
making use of a scheme to defraud the
government. It is not necessary that the
government is actually defrauded by
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts;
2. He is guilty of any of the following acts or
omissions:
a. Demanding, directly or indirectly, the
payment of sums different from or
larger than those authorized by law; or
b. Failing voluntarily to issue a receipt,
as provided by law , for any sum of
money collected by him officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided by
law.




Mere demand for larger or different
amount is sufficient to consummate a
crime.
When there is deceit in demanding a
greater fee than those prescribed by law,
the crime committed is estafa and not
illegal exaction.
A tax collector who collected a sum larger
than that authorized by law and spent the
same is guilty of illegal exaction and
malversation.
Officers or employees of the Bureau of
Internal Revenue or Bureau of Customs
are not covered by this article. The
National Internal Revenue Code or the
Administrative Code applies.
ARTICLE 214
OTHER FRAUDS
Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official
position;
3. That he commits any of the frauds or
deceits enumerated in Arts. 315 to 318
(estafa, other forms of swindling, swindling
a minor, and other deceits).
 The penalty under this article is in addition
to the penalties prescribed in the Articles
violated.
 Not a crime but considered as a special
aggravating circumstance
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 215
PROHIBITED TRANSACTIONS
Elements:
1. That the offender is an appointive public
officer;
Examples: justices, judges or fiscals,
employees engaged in the collection and
administration of public funds
2. That he becomes interested, directly or
indirectly, in any transaction of exchange
or speculation;
3. That the transaction takes place within the
territory subject to his jurisdiction;
4. That he becomes interested in the
transaction during his incumbency.
 The transaction must be one of
exchange or speculation, such as
buying stocks and selling stocks,
commodities, land, etc., hoping to take
advantage of an expected rise and fall
in price.
 Purchasing of stocks or shares in a
company is simply an investment and
is not a violation of the article. But
buying regularly securities for resale is
speculation.
ARTICLE 216
POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
Persons liable:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene.
2. Experts,
arbitrators,
and
private
accountants who, in like manner, took part
in any contract or transaction connected
with the estate or property in the appraisal,
distribution or adjudication of which they
had acted.
3. Guardians and executors with respect to
the property belonging to their wards or
the estate.


Actual fraud is NOT necessary, the act is
punished because of the possibility that
fraud may be committed or that the officer
may place his own interest above that of
the government or party which he
represents.
Intervention must be by virtue of public
office held. The official who intervenes in
contracts which have no connection with
his office cannot commit the crime defined
under this Article
CHAPTER FOUR: MALVERSATION OF
PUBLICFUNDS OR PROPERTY
(ARTS. 217-222)
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY — PRESUMPTION OF
MALVERSATION
Acts punished:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or
negligence, permitting any other person to
take such public funds or property.
4. By being otherwise guilty of the
misappropriation or malversation of such
funds or property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or
property by reason of the duties of his
office
3. That those funds or property were public
funds or property for which he was
accountable
4. That
he
appropriated,
took,
misappropriated or consented, or through
abandonment or negligence, permitted
another person to take them.
Custody- means guarding or keeping safe;
care



Funds or property must be received in
official capacity. Hence, if the public officer
had no authority to receive the money and
he misappropriated the same, the crime is
estafa, not malversation.
The penalty for malversation is the same
whether committed with malice or through
negligence or imprudence.
Nature of the duties of the public officer,
not the name of the office, is controlling.
Malversation may be committed by private
individuals in the following cases:
1. Those in conspiracy with public officers
guilty of malversation
2. Those who are accessory or accomplice to
a public officer
3. Custodian of public funds or property in
whatever capacity
4. Depositary or administrator of public funds
or property
Presumption
When demand is made to the accountable
officer to account for the funds and property
and the same is not forthcoming, this shall be
127
CRIMINAL LAW
BOOK TWO
a prima facie evidence that he has put such
missing funds or property to personal use.
 The return of the funds malversed is only
mitigating, not exempting circumstance.
 Demand
is
NOT
necessary
in
malversation. Damage to the government
is also not necessary.
Malversation is principally distinguished
from estafa by:
1. The public or private character of the
accused.
2. The nature of the funds.
3. The fact that conversion is not required in
malversation.
4. The rule that there is no need of prior
demand in malversation.
5. The absence of a requirement of damage
in malversation.
ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property
under his administration;
3. That such public fund or property has
been appropriated by law or ordinance;
4. That he applies the same to a public use
other than that for which such funds or
property has been appropriated by law or
ordinance.

The crime under this Article is also
referred
to
as
TECHNICAL
MALVERSATION.
Illegal Use of Public
Funds or Property
Malversation
The offenders are accountable public officers in
both crimes.
Elements:
1. That the offender is a public officer,
whether in the service or separated
therefrom.
2. That he must be an accountable officer for
public funds or property.
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor.
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
The offender does not The offender in certain
derive any personal gain cases profits from the
or profit.
proceeds of the crime.


Acts Punished
1. By failing to make payment by a public
officer who is under obligation to make
such payment from Government funds in
his possession.
Demand for accounting is NOT necessary.
It is NOT necessary that there be
misappropriation.
If
there
is
misappropriation, he would be liable also
for malversation under Art. 217.
ARTICLE 219
FAILURE OF RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS
BEFORE LEAVING THE COUNTRY
Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for
public funds or property;
3. That he must have unlawfully left (or be on
the point of leaving) the Philippines without
securing from the Commission on Audit a
certificate showing that his accounts have
been finally settled.
128
The public fund or The public fund or
property is applied to property is applied to the
another public use.
personal use and benefit
of the offender or of
another person.
ARTICLE 221
FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY
Elements:
a. Public officer has government funds in
his possession.
b. He is under obligation to make
payment from such funds.
c. He fails to make the payment,
maliciously.
2. By refusing to make delivery by a public
officer who has been ordered by
competent authority to deliver any property
in his custody or under his administration
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 222
OFFICERS INCLUDED IN THE PRECEDING
PROVISIONS
Private individuals who may be liable under
Art. 217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or
property attached, seized, or deposited by
public authority even if such property
belongs to a private individual (example:
sheriffs and receivers)
CHAPTER FIVE: INFIDELITY OF PUBLIC
OFFICERS (ARTS. 223-230)

Liability of escaping prisoner:
1. If the fugitive is serving sentence by
reason of final judgment, he is liable for
evasion of the service of sentence under
Art. 157.
2. If the fugitive is only a detention prisoner,
he does not incur criminal liability.
ARTICLE 225
ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A
PUBLIC OFFICER
SECTION ONE: DISOBEDIENCE,
REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS
ARTICLE 223
CONNIVING WITH OR CONSENTING TO
EVASION
Elements:
1. That the offender is a public officer;
2. That he had in his custody or charge, a
prisoner, either detention prisoner or
prisoner by final judgment;
3. That such prisoner escaped from his
custody;
4. That he was in connivance with the
prisoner in the latter’s escape.
Classes of prisoner involved:
1. If the fugitive has been sentenced by final
judgment to any penalty.
2. If the fugitive is held only as detention
prisoner for any crime or violation of law or
municipal ordinance.
Leniency, laxity and release of detention
prisoner who could not be delivered to the
judicial authority within the time fixed by law,
are not considered infidelity in the custody of
prisoners.
ARTICLE 224
EVASION THROUGH NEGLIGENCE
Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escapes through his
negligence.
 Not every negligence or distraction of a
guard is penalized. It is only that positive
carelessness that is short of deliberate
non-performance of his duties as guard
that is the gravamen of the crime of
infidelity under Art. 224.
The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford complete
exculpation.
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him;
3. That the prisoner or person under arrest
escapes;
4. That the offender consents to the escape
of the prisoner or person under arrest, or
that the escape takes place through his
negligence.

Art. 225 is NOT applicable if a private
person was the one who made the arrest
and he consented to the escape of the
person he arrested.
ARTICLE 226
REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS
Elements:
1. That the offender be a public officer;
Note: If the offender is a private individual,
estafa is committed if there is damage
caused. If there is no damage, the crime is
malicious mischief.
2. That he removes, conceals or destroys
documents or papers;
 “Papers” include checks, promissory
notes, and paper money.
3. That the said documents or papers should
have been entrusted to such public officer
by reason of his office;
4. That damage, whether serious or not, to a
129
CRIMINAL LAW
BOOK TWO
ARTICLE 229
REVELATION OF SECRETS BY AN
OFFICER
third party or to the public interest should
have been caused.




The document must be complete and
one by which a right can be
established or an obligation could be
extinguished.
The removal must be for an illicit
purpose.
The crime of removal of public
document in breach of official trust is
consummated upon its removal or
secreting away from its usual place in
the office and after the offender had
gone out and locked the door, it being
immaterial whether he has or has not
actually accomplished the illicit
purpose for which he removed said
document.
Damage in this article may consist in mere
alarm to the public or in the alienation of
its confidence in any branch of the
government service.
Acts punished:
1. By revealing any secret known to the
offending public officer by reason of his
official capacity.
2. By delivering wrongfully papers or copies
of papers of which he may have charge
and which should not be published.
Elements of No. 1:
1. That the offender is a public officer;
2. That he knows of the secret by reason of
his official capacity;
3. That he reveals such secret without
authority or justifiable reasons;
4. That damage, great or small, be caused to
public interest.


ARTICLE 227
OFFICER BREAKING SEAL
Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of
papers or property;
3. That these papers or property are sealed
by proper authority;
4. That he breaks the seals or permits them
to be broken.

Damage or intent to damage is not
necessary.
ARTICLE 228
OPENING OF CLOSED DOCUMENTS
Elements:
1. That the offender is a public officer.
2. That any closed papers, documents, or
objects are entrusted to his custody.
3. That he opens or permits to be opened
said closed papers, documents, or objects.
4. That he does not have the proper
authority.
 The closed document must be entrusted to
the custody of the accused by reason of
his office.
 If in opening closed papers or objects, the
public officer broke the seal, the offense
would be breaking seal under Art. 227 and
not the crime of opening a closed
document, because the offender must be
a public officer “not included in the
preceding article.”
130

Sec 3 (k) of RA 3019 is violated if there is
no damage caused in revealing the secret.
This article punishes minor official
betrayals, infidelities of little consequence,
affecting usually the administration of
justice, executive or official duties, or the
general interest of the public order.
Secrets must affect public interests, if not,
the revelation would constitute no crime at
all.
Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be
published;
4. That he delivers those papers or copies
thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest


“Charge” here means control or custody.
If the public officer is merely entrusted with
the papers but not with the custody, he is
not liable under this provision.
Damage is an element of the offenses
defined in Art. 229. A higher penalty is
provided if serious damage is caused
otherwise a lower penalty is imposed. This
indicates that the lesser penalty refers to
causing damage which is not serious.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Revelation of Secrets
by an Officer
The papers contain
secrets and therefore
should
not
be
published, and the
public officer having
charge
thereof
removes and delivers
them wrongfully to a
third person.
Elements:
1. That the offender is a public officer;
2. That he knows of the secrets of a private
individual by reason of his office;
3. That he reveals such secrets without
authority or justifiable reason.



ARTICLE 232
DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY
INFERIOR OFFICER
The papers do not
contain secrets but
their removal is for an
illicit purpose.
ARTICLE 230
PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL

duty bound to obey.
Infidelity in the
Custody of
Document/Papers by
Removing the Same
If the offender is a lawyer, the crime under
Article 209 is committed.
If the offender is a private individual, the
crime under Article 290 or 291 is
committed.
Revelation to one person is necessary and
sufficient, for public revelation is not
required.
It is NOT necessary that damage is
suffered by the private individual. The
reason for this provision is to uphold faith
and trust in public service.
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for
execution;
3. That he has for any reason suspended the
execution of such order;
4. That his superior disapproves the
suspension of the execution of the order;
5. That the offender disobeys his superior
despite the disapproval of the suspension.

This article does NOT apply if the order of
the superior is illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
1. That the offender is a public officer.
2. That a competent authority demands from
the offender that he lends his cooperation
towards the administration of justice or
other public service.
3. That the offender fails to do so maliciously.


There must be damage to the public
interest or to a third party.
If the offender is a private individual, he
may be held liable for contempt.
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS
(ARTS. 231-245)
ARTICLE 234
REFUSAL TO DISCHARGE ELECTIVE
OFFICE
SECTION ONE: DISOBEDIENCE, REFUSAL
OF ASSISTANCE AND MALTREATMENT
OF PRISONERS
Elements:
1. That the offender is elected by popular
election to a public office;
2. That he refuses to be sworn in or to
discharge the duties of said office; and
3. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.
ARTICLE 231
OPEN DISOBEDIENCE
Elements:
1. That the offender is a judicial or executive
officer;
2. That there is a judgment, decision or order
of a superior authority;
3. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
legal formalities;
4. That the offender without any legal
justification openly refuses to execute said
judgment, decision or order, which he is
ARTICLE 235
MALTREATMENT OF PRISONERS
Elements:
1. That the offender is a public officer or
employee;
2. That he has under his charge a prisoner
convicted by final judgment or a detention
prisoner;
3. That he maltreats such prisoner in either
131
CRIMINAL LAW
BOOK TWO
of the following manners:
a. By overdoing himself in the correction
or handling of a prisoner or detention
prisoner under his charge either:
i. by the imposition of punishments
not authorized by the regulations,
or
ii. by inflicting such punishments
(those authorized) in a cruel and
humiliating manner; or
b. By maltreating such prisoner to extort
a confession or to obtain some
information from the prisoner.


Qualifying circumstance – when the
abandonment of the office has for its purpose
to evade the discharge of the duties of
preventing, prosecuting or punishing any of
the crimes falling within Title 1 and Chapter 1
Title 3 of Book 2 of this Code
The public officer or employee must have
actual charge of the prisoner.
Offender may also be held liable for
physical injuries or damage caused. There
is no complex crime of maltreatment of
prisoners with serious or less serious
physical injuries, as defined in Art. 48.
SECTION TWO: ANTICIPATION,
PROLONGATION AND ABANDONMENT OF
THE DUTIES AND POWERS OF PUBLIC
OFFICE
ARTICLE 236
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICE
Elements:
1. That the offender is entitled to hold a
public office or employment, either by
election or appointment;
2. That the law requires that he should first
be sworn in and/or should first give a
bond;
3. That he assumes the performance of the
duties and powers of such office;
4. That he has not taken his oath of office
and/or given the bond required by law.
ARTICLE 237
PROLONGING PERFORMANCE
OF DUTIES AND POWERS
Elements:
1. That the offender is holding a public office;
2. That the period provided by law,
regulations or special provisions for
holding such office, has already expired;
3. That he continues to exercise the duties
and powers of such office.
ARTICLE 238
ABANDONMENT OF OFFICE
Elements:
1. That the offender is a public officer;
132
2. That he formally resigns from his position;
 There must be written or formal
resignation
3. That his resignation has not yet been
accepted;
4. That he abandons his office to the
detriment of the public service.
Abandonment of
Office
(Art. 238)
Committed by
public officer
Negligence and
Tolerance in
Prosecution of
Offenses
(Art. 208)
any
Committed only by public
officers who have the
duty
to
institute
prosecution
for
the
punishment of violations
of the law
The public officer
abandons his office
to
evade
the
discharge of his duty.
The public officer does
not abandon his office
but he fails to prosecute
an offense by dereliction
of duty or by malicious
tolerance
of
the
commission of offenses.
SECTION THREE: USURPATION OF
POWERS AND UNLAWFUL APPOINTMENT
ARTICLE 239
USURPATION OF LEGISLATIVE POWER
Elements:
1. That the offender is an executive or
judicial officer;
2. That he:
a. Makes general rules or regulations
beyond the scope of his authority or
b. Attempts to repeal a law or
c. Suspends the execution thereof.
ARTICLE 240
USURPATION OF EXECUTIVE FUNCTIONS
Elements:
1. That the offender is a judge;
2. That he:
a. Assumes a power pertaining to the
executive authorities; or
b. Obstructs the executive authorities in
the lawful exercise of their powers.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 241
USURPATION OF JUDICIAL FUNCTIONS
SECTION FOUR: ABUSES AGAINST
CHASTITY
Elements:
1. That the offender is an officer of the
executive branch of the Government;
2. That he:
a. Assumes judicial powers; or
b. Obstructs the execution of any order
or decision rendered by any judge
within his jurisdiction.
ARTICLE 245
ABUSES AGAINST CHASTITY –
PENALTIES
ARTICLE 242
DISOBEYING REQUEST FOR
DISQUALIFICATION
Elements:
1. That the offender is a public officer;
2. That a proceeding is pending before such
public officer;
3. That there is a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. That he has been lawfully required to
refrain from continuing the proceeding;
5. That he continues the proceeding.
ARTICLE 243
ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or
suggestion to any judicial authority;
3. That the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of
justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to
a public office;
3. That such person lacks the legal
qualifications therefor;
4. That the offender knows that his nominee
or appointee lacks the qualification at the
time he made the nomination or
appointment.
Ways of committing abuses against
chastity:
1. By soliciting or making immoral or
indecent advances to a woman interested
in the matters pending before the
offending officer for decision, or with
respect to which he is required to submit a
report to or consult with a superior officer.
2. By soliciting or making immoral or
indecent advances to a woman under the
offender’s custody.
3. By soliciting or making immoral or
indecent advances to the wife, daughter,
sister or relative within the same degree
by affinity of any person in the custody of
the offending warden or officer.
Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or
indecent advances to a woman;
3. That such woman must be —
a. Interested in matters pending before
the offender for decision, or with
respect to which he is required to
submit a report to or consult with a
superior officer; or
b. Under the custody of the offender
who is a warden or other public officer
directly charged with the care and
custody of prisoners or persons under
arrest; or
c. The wife, daughter, sister or relative
within the same degree by affinity of
the person in the custody of the
offender.




The mother of the person in the custody of
the offender is NOT included.
Solicit means to propose earnestly and
persistently something unchaste and
immoral to a woman.
This crime is consummated by mere
proposal. If the offender succeeds in
committing a crime against chastity, the
solicitation and advances are considered
merely as preparatory acts.
Proof of solicitation is NOT necessary
when there is sexual intercourse.
Note: See also RA 7877, the “Anti-Sexual
Harrassment Act of 1995” which applies where
the accused demands, requests or otherwise
requires any sexual favors from the victim in a
133
CRIMINAL LAW
BOOK TWO
work,
education
environment.
or
training-related
TITLE EIGHT:
CRIMES AGAINST PERSONS

SECTION ONE: PARRICIDE, MURDER,
HOMICIDE

ARTICLE 246
PARRICIDE

Elements:
1. That a person is killed;
2. That the deceased is killed by the
accused; and
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or
a legitimate other ascendant or other
descendant, or the legitimate spouse, of
the accused.
Cases of parricide when the penalty shall
NOT be reclusion perpetua to death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances
(Art. 247).


The child should not be less than 3 days
old; otherwise the crime is infanticide (Art.
255)
Relationship of the offender with the victim
is the essential element of the crime.
Hence:
 If a person wanted to kill a stranger
but by mistake killed his own father,
he will be held liable for parricide BUT
Art. 49 will apply as regards the proper
penalty to be imposed, that is, the
penalty for the lesser offense in its
maximum period.
 A stranger who cooperates and takes
part in the commission of the crime of
parricide is not guilty of parricide but
only of homicide or murder, as the
case may be. The key element in
parricide is the relationship of the
offender with the victim. (People vs.
Dalag, G.R. No. 129895, April 30,
2003)
 The relationship between the offender
and the victim must be alleged.


134
The law does NOT require knowledge of
relationship, thus, a person who killed
another not knowing that the latter was his
son will still be held guilty of parricide.
The fact that the husband only intended to
maltreat his wife does not exempt him
from liability for resulting and more serious
crime committed. (People vs. Tomotorgo,
136 SCRA 238, April 30, 1985)
Legitimacy need NOT be alleged when the
accused killed his (1)father, (2) mother or
(3) child.
However with respect to the other
ascendant, descendant or spouse, the
relationship MUST be legitimate.
An adopted child is considered as a
legitimate child BUT since the relationship
is exclusive between the adopter and the
adopted child, killing the parents of the
adopter is not considered parricide of
“other (legitimate) ascendants”.
ARTICLE 247
DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
Elements:
1. That a legally married person or a parent
surprises his spouse or his daughter, the
latter under 18 years of age and living with
him, in the act of committing sexual
intercourse with another person;
2. That he or she kills any or both of them, or
inflicts upon any or both of them any
serious physical injury, in the act or
immediately thereafter; and
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the
infidelity of others.





This article does NOT define and penalize
a felony. It provides for the imposition of
the penalty of destierro rather than the
ordinary penalty for parricide.
The requisites of Art. 247 must be
established by the evidence of the defense
and accused cannot enter into a
conditional plea of guilty and be sentenced
with destierro since the prosecution will
have to charge the defendant with
parricide and/or homicide, in case death
results, or of serious physical injuries in
other cases.
For Art. 247 to apply, the offender must
prove that he actually surprised his wife
and (her paramour) in flagrante delicto,
and that he killed the man during or
immediately thereafter. Evidence of the
victim’s promiscuity, is inconsequential to
the killing. (People vs. Puedan, G.R. No.
139576, September 2, 2002)
Sexual intercourse does NOT include
preparatory acts.
“Immediately thereafter” - the discovery,
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS





the escape, the pursuit and the killing must
all form part of one continuous act (U.S.
vs. Vargas, et al., 2 Phil 194).
The accused must be a legally married
person.
The parent need NOT be legitimate.
Applicable only when daughter is single.
The wife is entitled to the benefits of Art.
247 (People vs. Corazon, 59 Phil 568).
No liability for less serious or slight
physical injuries suffered by third persons
during the commission of the act under
this article
Justification for Art. 247: The law considers
the spouse or parent as acting in a justified
burst of passion.
Rules
for
the
application
of
the
circumstances which qualify the killing to
murder:
1. That murder will exist with only one of the
circumstances described in Art. 248.
2. Where there are more than one qualifying
circumstance present, only one will qualify
the killing, with the rest to be considered
as generic aggravating circumstances.
3. That when the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating.
4. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in
the information.

ARTICLE 248
MURDER
Murder – unlawful killing of any person which
is not parricide or infanticide, provided that any
of the following circumstances is present:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employs means to weaken the
defense, or of means or persons to insure
or afford impunity;
2. In consideration of a price, reward or
promise;
3. By means of inundation, fire, poison,
shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin;
4. On occasion of any calamities enumerated
in the preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his
person or corpse. (As amended by RA No.
7659)
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art.
248; and
4. That the killing is not parricide or
infanticide.




Dismemberment of a dead body is one
manner of outraging or scoffing at the
corpse of the victim and qualifies the killing
to murder (People vs. Guillermo, G.R. No.
147786, January 20, 2004)
Outraging (physical act) – means to
commit an extremely vicious or deeply
insulting act.
Scoffing (verbal act) – means to jeer, and
implies a showing of irreverence.
If homicide or murder is committed with
the use of an unlicensed firearm, such use
of an unlicensed firearm shall be
considered
as
an
aggravating
circumstance. (R.A. No. 8294, Sec. 1)
Treachery and Evident Premeditation are
inherent in murder by means of Poison
BUT the Use of Poison is not inherent in
murder. It only becomes inherent if there is
an intent to kill and the poison is used as a
means to kill.
ARTICLE 249
HOMICIDE
Homicide – The unlawful killing of any person,
which is neither parricide, murder nor
infanticide.
 Intent to kill is conclusively presumed
when death results; evidence of intent to
kill is important only in attempted or
frustrated homicide.
 Intent to kill is usually shown by the kind of
weapon used and part of the body
wounded.
Elements:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of
the qualifying circumstances of murder, or
135
CRIMINAL LAW
BOOK TWO
by that of parricide or infanticide.
The use of an unlicensed firearm is an
aggravating circumstance in homicide and is
NOT to be considered as a separate offense.
Corpus Delicti- actual commission of the
crime charged and not the body of the person
killed.
Accidental Homicide – is the death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent. E.g. death in boxing
bout. There is NO FELONY committed in this
case.
In all crimes 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.
When there is no way of determining how the
attack was committed, treachery cannot be
considered and the accused is guilty of
homicide only. (People vs. Dela Cruz, G.R.
No. 152176, October 1, 2003)
There is no such crime as frustrated homicide
through imprudence.
ARTICLE 250
PENALTY FOR FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE

Courts may impose a penalty two degrees
lower for frustrated parricide, murder or
homicide.
Courts may impose a penalty three
degrees lower for attempted parricide,
murder or homicide.
This provision is permissive NOT
MANDATORY.
An attempt on or conspiracy against the
life of the Chief Executive, member of his
family, any member of his cabinet or
members of latter’s family is punishable by
death. (PD 1110-A)



ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS
AFFRAY
Elements:
1. That there be several persons;
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally, otherwise, they may be held
liable as co-conspirators;
3. That these several persons quarreled and
136
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of
the affray;
5. That it cannot be ascertained who actually
killed the deceased; and
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Persons liable:
1. The person or persons who inflicted the
serious physical injuries are liable.
2. If it is not known who inflicted the serious
physical injuries on the deceased – ALL
the persons who used violence upon the
person of the victim are liable, but with
lesser liability.
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 took part.
 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. (People vs. Unlagada, G.R. No.
141080, September 17, 2002) In such a
case, the crime committed is homicide
under Art. 249.
 The victim may be a participant or nonparticipant thereof.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
Elements:
1. That there is a tumultuous affray as
referred to in Art. 251;
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only;
3. That the person responsible therefor
cannot be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.


Injured/victim must be a participant in the
affray
Only those who used violence are
punished, because if the one who caused
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
the physical injuries is known, he will be
liable for the physical injuries actually
committed, and not under this article.
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide,
whether the suicide is consummated or
not;
2. By lending his assistance to another to
commit suicide to the extent of doing the
killing himself.


A person who attempts to commit suicide
is not criminally liable even if an innocent
third person or property is hurt or
damaged.
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.
Euthanasia or “Mercy-Killing” - is a practice
of painlessly putting to death a person
suffering from some incurable disease.
 A doctor who resorted to euthanasia may
be held liable for murder under Art. 248
since euthanasia is not giving assistance
to suicide BUT doing the killing himself.
 In euthanasia, the person killed does not
want to die.
ARTICLE 254
DISCHARGE OF FIREARMS
Elements:
1. That the offender discharges a firearm
against or at another person; and
2. That the offender has no intention to kill
that person.




It is not applicable to police officers in the
performance of their duties.
The PURPOSE of the offender is only to
intimidate or frighten the offended party.
If in the discharge of firearm, the offended
party is hit and wounded, there is a
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 (BUT
two separate crimes) since such physical
injuries constitutes a light felony.
The crime is discharge of firearm even if
the gun was not pointed at the offended
party when it was fired, as long as it was
initially aimed by the accused at or against


the offended party.
If the firearm was not aimed against or at
another person, the crime committed is
alarms and scandals.
No offense for Illegal discharge of firearms
through imprudence
SECTION TWO: INFANTICIDE AND
ABORTION
ARTICLE 255
INFANTICIDE
Infanticide – is the killing of any child less
than three days of age, whether the killer is the
parent or grandparent, any other relative of the
child, or a stranger.
Elements:
1. That a child was killed;
2. That the deceased child was less than
three days (72 hours) of age; and
3. That the accused killed the said child.






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.
Father or mother or other legitimate
ascendant who kills a child less than three
days old – to suffer penalty for parricide.
Other person who kills or who cooperates
with the mother or maternal grandparent in
killing a child less than three days old will
suffer the penalty for murder.
Only the mother and the maternal
grandparents of the child are entitled to
the mitigating circumstance of concealing
the dishonor.
The delinquent mother who claims
concealing dishonor must be of good
character.
Treachery is inherent in infanticide.
ARTICLE 256
INTENTIONAL ABORTION
Intentional abortion - willful killing of the fetus
in the uterus or the violent expulsion of the
fetus from the maternal womb which results in
the death of the fetus.
Ways of Committing Intentional Abortion
1. By using any violence upon the person of
the pregnant woman;
2. 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
3. By acting, with the consent of the pregnant
137
CRIMINAL LAW
BOOK TWO
woman, by
beverages.
administering
drugs
or
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
3. That as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in
the womb or after having been expelled
therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:
1. The person who intentionally caused the
abortion under Art. 256;
2. The pregnant woman if she consented
under Art. 258.
 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.
 Fetus must die in consummated abortion.
If it is intentional abortion and the fetus
does not die, it is frustrated intentional
abortion when all the acts of execution
have been performed by the offender.
 If the abortion is not intended and the fetus
does not die, in spite of the violence
intentionally exerted, the crime may only
be physical injuries. There is no crime of
frustrated unintentional abortion, in view of
the lack of intention to cause an abortion.
 If there is no intention to cause abortion
and no violence, there is no abortion of
any kind.
ARTICLE 257
UNINTENTIONAL ABORTION
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant
woman without intending an abortion;
3. That the violence is intentionally exerted;
and
4. That as a result of the violence, the fetus
dies, either in the womb or after having
been expelled therefrom.

138
Violence refers to actual physical force.





CONFLICTING VIEWS: The offender must
have known of the woman’s pregnancy
(People v. Carnaso, C.A., 61 OG 3623)
However, in US v. Jeffrey (GR No. 5597,
March 5, 1910), it was ruled that
knowledge of such pregnancy was not
necessary.
In the case of People vs. Salufrania (159
SCRA 401 [1988]), the Supreme Court
ruled that despite knowledge of the
accused of his wife’s pregnancy, the intent
to cause the abortion has not been
sufficiently established, thus, the accused
is only liable for the complex crime of
parricide (for the death of wife) with
unintentional abortion (for the death of the
fetus in the mother’s womb).
If grave threats were made to cause
abortion, a complex crime of grave threats
and intentional abortion is committed. If
light threats were made, two separate
crimes of light threats and intentional
abortion are committed.
There is a complex crime of homicide with
unintentional
abortion.
(People
v.
Genoves, 33 O.G. 2201).
There is complex crime of parricide with
abortion. (People v. Villanueva, 242 SCRA
47 [1995]).
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN
HERSELF OR HER PARENTS
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent,
for the purpose of concealing her
dishonor.



Under a and c above, the woman is liable
under Art. 258; while the third person
under b is liable under Art. 256.
If the purpose is other than to conceal the
woman’s dishonor, abortion by any of her
parents falls under Art. 256.
Liability of the pregnant woman is
mitigated if her (not including the maternal
grandparents’) purpose is to conceal her
dishonor.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN
OR MIDWIFE IN DISPENSING OF
ABORTIVES
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a
physician or midwife, causes, or assists in
causing the abortion; and
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.


If abortion was not intended or was a
result of a mistake, no crime is committed.
If the woman is not really pregnant, an
impossible crime is committed.
As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a
physician; and
3. That the offender dispenses any abortive.


As to pharmacists, crime is consummated
by dispensing abortive without proper
prescription from a physician. It is not
necessary that the abortive was actually
used.
It is immaterial that the pharmacist knows
that the abortive would be used for
abortion. Otherwise, he shall be liable as
an accomplice in the crime of abortion
should abortion result from the use
thereof.
of two or more seconds of lawful age on each
side, who make the selection of arms and fix
all other conditions of the fight.
Seconds – the persons who make the
selection of the arms and fix the other
conditions of the fight
Self defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the
attack was made by the accused against his
opponent before the appointed place and time,
there is an unlawful aggression, hence selfdefense can be claimed.
Note: If death results, penalty is the same as
that for homicide.
ARTICLE 261
CHALLENGING TO A DUEL
Acts Punished
1. By challenging another to a duel;
2. By inciting another to give or accept a
challenge to a duel; and
3. By scoffing or decrying another publicly for
having refused to accept a challenge to
fight a duel.
Persons liable:
1. Challenger
2. Instigators
Note: A challenge to fight, without
contemplating a duel, is not challenging to a
duel. The person making the challenge must
have in mind a formal combat to be concerted
between him and the one challenged in the
presence of two or more seconds.
SECTION THREE: DUEL
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS
IN A DUEL
Acts punished:
1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical
injuries; and
3. By making a combat although no physical
injuries have been inflicted.
Persons liable:
1. The person who killed or inflicted physical
injuries upon his adversary or both
combatants in any other case, as
principals.
2. The seconds, as accomplices.
Duel – a formal or regular combat previously
concerted between two parties in the presence
CHAPTER TWO: PHYSICAL INJURIES
(ARTS. 262-266)
ARTICLE 262
MUTILATION
Two kinds:
1. By intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction
(castration).
Elements of the first kind:
a. That there be castration, that is,
mutilation of organs necessary for
generation, such as penis or ovarium;
and
b. That the mutilation is caused
purposely and deliberately, that is, to
deprive the offended party of some
essential organ for reproduction.
139
CRIMINAL LAW
BOOK TWO
Note: Intentionally depriving the victim of
the reproductive organ does
not
necessarily involve the cutting off of the
organ or any part thereof. It suffices that it
is rendered useless.
2. By intentionally making other mutilation,
that is, by lopping or clipping off any part
of the body of the offended party, other
than the essential organ for reproduction,
to deprive him of that part of the body
(mayhem).



The law looks NOT only to the result but
also to the intention or purpose of the act.
Mutilation is always intentional.
The intention of the offender to deprive the
victim of the body part whether by
castration or mayhem is essential and
must thus exist in either case.
Cruelty, as understood in Art 14 (21), is
inherent in mutilation and, in fact, that is
the only felony where the said
circumstance is an integral part and is
absorbed therein. If the victim dies, the
crime is murder qualified by cruelty, but
the offender may still claim and prove that
he had no intention to commit so grave a
wrong.
was habitually engaged for more than
90 days, in consequence of the
physical injuries inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90 days),
as a result of the physical injuries inflicted.
 30 days < X ≤ 90 days



ARTICLE 263
SERIOUS PHYSICAL INJURIES

How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence
of the physical injuries inflicted;
2. When the injured person –
a. Loses the use of speech or the power
to hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in
which he was therefore habitually
engaged, in consequence of the
physical injuries inflicted.
3. When the person injured a. Becomes deformed, or
b. Loses any other member of his body,
or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the
performance of the work in which he
140




This crime is considered a formal crime
since it is punished based on the gravity of
the injuries inflicted. What is penalized in
the crime of physical injuries is the result.
Thus, it is always consummated and
cannot be committed in the attempted or
frustrated stage.
If a robbery is committed and the injured
person suffers that enumerated under
numbers 3 and 4, the crime/s committed
is/are:
 Special complex crime of robbery with
serious physical injuries – if the injured
person is not responsible for the
robbery.
 Separate crimes of robbery and
serious physical injuries – if the injured
person is a robber.
There must be NO INTENT TO KILL;
otherwise, the crime would be attempted
or frustrated homicide, parricide or murder,
as the case maybe.
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.
Serious physical injuries may be
committed by reckless imprudence or by
simple imprudence or negligence under
Art. 365 in relation to Art. 263.
Impotence means inability to copulate.
Insanity means loss of reason or will;
failure to determine right from wrong;
failure to perceive things as they are.
Lessening of efficiency due to injury is not
incapacity.
In paragraphs 2 and 3, the offended party
must have a vocation or work at the time of the
injury.
Work includes studies or preparation for a
profession.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS



The injury to cause deformity is one that
cannot be replaced by nature.
If the scar is usually covered by the dress
of clothes, it would not be conspicuous and
visible
Medical Attendance is not important in
serious physical injuries.
Paragraph 4 speaks of incapacity for any kind
of labor.
Note: Hospitalization for more than 30 days
may mean either illness or incapacity for labor
for more than 30 days.
Physical Injuries
The offender
physical injuries.
Attempted or
Frustrated Homicide
inflicts Attempted homicide may
be committed, even if no
physical injuries are
inflicted.
Offender has no intent to The offender has an
kill the offended party.
intent to kill the offended
party.
Qualifying Circumstances:
1. Offense committed against persons
enumerated in the crime of parricide.
2. With the attendance of circumstance
which qualify the crime to murder.

HOWEVER, the “qualified penalties” are
NOT applicable to parents who inflict
serious physical injuries upon their
children by excessive chastisement.
ARTICLE 264
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
Elements:
1. That the offender inflicted upon another
any serious physical injury;
2. That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity; and
3. That he had no intent to kill.



It is frustrated murder if there was intent to
kill.
Administering
injurious
substance
means introducing into the body the
substance.
It does not apply when the physical
injuries that result are less serious or light,
they will be treated under Art 265 or 266,
as the case may be.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. The offended party is incapacitated for
labor for 10 days or more but not more
than 30 days, or needs attendance for the
same period; and
 10 days ≤ X ≤ 30 days
2. The physical injuries must not be those
described in the preceding articles.
Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to
arresto mayor, shall be imposed for less
serious physical injuries when:
a. There is manifest intent to insult or
offend the injured person; or
b. There are circumstances adding
ignominy to the offense.
2. A higher penalty is imposed when the
victim is either:
a. The offender’s parent, ascendant,
guardian, curator or teacher; or
b. Persons of rank or persons in
authority, provided the crime is not
direct assault.
Physical Injuries
Mutilation
No
SPECIAL
INTENTION to clip off
some part of the body
so as to deprive he
offended party of
such part
There is a SPECIAL
INTENTION to clip off
some part of the body so
as to deprive him of such
part.
The law includes 2 subdivisions, to wit:
1. The inability for work; and
2. 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 physical injuries sustained
are denominated as less serious.
In the absence of proof as to the period of
the offended party’s incapacity for labor or
of required medical attendance, offense
committed is only slight physical injuries.
ARTICLE 266
SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the
same period;
2. Physical injuries which did not prevent the
141
CRIMINAL LAW
BOOK TWO
offended party from engaging in his
habitual work or which did not require
medical attendance; and
3. Ill-treatment of another by deed without
causing any injury.
3.


When there is no evidence of actual injury,
it is only slight physical injuries.
Supervening event converting the crime
into serious physical injuries after the filing
of the information for slight physical
injuries can still be the subject of a new
charge
If physical injuries were inflicted with an intent
to insult or humiliate the injured person, the
intent to insult or humiliate shall be:
 Considered
as
an
aggravating
circumstance of ignominy in case of
serious physical injuries
 Considered in increasing the penalty and
qualifying the crime in case of less serious
physical injuries
 Separate crime of slander by deed in case
of slight physical injuries.
4.
5.
6.
ANTI-HAZING LAW
(R.A. No. 8049)
7.
Hazing – is an initiation rite or practice as a
prerequisite for admission into membership in
a fraternity, sorority or organization by placing
the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish, and
similar activities or otherwise subjecting him to
physical or psychological suffering or injury.

Allowed Initiation Rites (Section 2)
Those that have prior written notice to the
school authorities or head of organization 7
days before the conduct of such initiation. The
written notice shall contain the following:
1. Period of the initiation activities which shall
not exceed 3 days
2. Names of those to be subjected to such
activities
3. Undertaking that no physical violence be
employed by anybody
What acts are punishable: All acts so long as
it caused physical injuries at the very least.
Persons liable:
1. Officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical
harm shall be liable as principals – if the
person subjected to hazing suffers any
physical injury or dies as a result thereof.
2. Owner of the place where the hazing is
142

conducted shall be liable as an accomplice
– when he has actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring.
Parents shall be liable as principals –
when they have actual knowledge of the
hazing conducted in the home of one of
the officers or members of the fraternity,
sorority or organization, but failed to
prevent the same.
School authorities and faculty members
shall be liable as accomplices - when they
consent to the hazing or have actual
knowledge thereof, but failed to take any
action to prevent the same from occurring.
Officers, former officers or alumni of the
organization, group, fraternity or sorority
shall be liable as principals - if they
actually planned the hazing, although not
present when the acts constituting the
hazing were committed.
Officers or members of the organization,
group, fraternity or sorority shall be liable
as principals - if they knowingly
cooperated in carrying out the hazing by
inducing the victim to be present thereat.
The fraternity or sorority’s adviser shall be
liable as principal - if he was present when
the acts constituting the hazing were
committed and failed to take any action to
prevent the same.
The presence of “any person” (i.e. whether
or not member of the fraternity/sorority)
during the hazing is prima facie evidence
of participation therein as a principal
UNLESS he prevented the commission of
the prohibited acts.
The mitigating circumstance that there
was no intention to commit so grave a
wrong shall NOT APPLY. (Sec. 4, par. e,
R.A. No. 8049)
CHAPTER THREE: RAPE
(ARTS. 266-A – 266-B)
ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335- carnal
knowledge with a woman against her will;
in this case, the offender is always a man
and the offended party is always a woman.
2. Sexual Assault under R.A. 8353- this is
committed when the offender inserts his
penis to another person’s mouth or anal
orifice or by inserting an instrument or
object into the genital or anal orifice of
another person. The offender and the
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
offender can either be a man or a woman
in the case of the insertion of any
instrument or object.
How rape is committed:
1. By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived
of reason or otherwise unconscious;
c. By means of fraudulent machinations
or grave abuse of authority;
d. When the offended party is under
twelve (12) years of age or is
demented, even though none of the
circumstances mentioned above be
present.
c.


Elements:
a. That the offender is a man;
b. That the offender had carnal
knowledge of a woman;
c. That such act is accomplished under
any of the following circumstances:
i. By using force or intimidation, or
ii. When the woman is deprived of
reason or otherwise unconscious,
or
iii. By
means
of
fraudulent
machination or grave abuse of
authority, or
iv. When the woman is under 12
years of age or demented.

Notes: The offender must not have known
that the victim is demented, otherwise
qualified rape is committed.
Circumstance (iv) does not only pertain to
chronological age but also to mental age
(People vs. Atento, 196 SCRA 357, 1991)
2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual
assault by inserting his penis into another
person’s mouth or anal orifice of another
person, or any instrument or object, into
the genital or anal orifice of another
person.
Elements:
a. That the offender commits an act of
sexual assault;
b. That the act of sexual assault is
committed by any of the following
means:
i. By inserting his penis into another
person’s mouth or anal orifice;
ii. By inserting any instrument or







object into the genital or anal
orifice of another person.
That the act of sexual assault is
accomplished under any of the
circumstances enumerated under the
first act of committing rape.
Under R.A. 8353, the crime of rape can
now be committed by a male or a female.
To be CONSUMMATED, it is not essential
that there be a complete penetration of the
female organ, neither is it essential that
there be a rupture of the hymen.
 However, there must be sufficient and
convincing proof that the penis indeed
touched the labias or slid into the
female organ, and not merely stroked
the external surface thereof, for the
accused
to
be
convicted
of
consummated rape. Absent of any
showing of the slightest penetration of
the female organ, it can only be
attempted rape, if not acts of
lasciviousness. (People vs. Campuhan,
329 SCRA 270 [2000])
 For a charge for rape by sexual assault
with the use of one’s fingers or any
other object to be consummated, there
should be evidence of at least the
slightest penetration of the sexual
organ and not merely a brush or graze
of its surface. (People v. Dela Cruz,
GR No. 180501, December 24, 2008)
There is NO crime of FRUSTRATED
RAPE. The slightest penetration or mere
touching of the genitals consummates the
crime of 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.
Acknowledgment of the consummated act
is not considered giving of consent.
In Statutory Rape, the offender’s
knowledge of the victim’s age is
IMMATERIAL.
Force employed against the victim of rape
need not be of such character as could not
be resisted. It is enough that the force
used is sufficient to consummate the
culprit’s purpose of copulating with the
victim.
If the woman contributed in some way to
the consummation of the act, this may
constitute an offense other than rape.
Intimidation includes the moral kind.
Having sex with a deaf-mute is not rape in
143
CRIMINAL LAW
BOOK TWO






the absence of proof that she is imbecile.
There is NO crime of rape if liquor or drug
is used to induce the victim’s consent so
as to incite her passion and it did not
deprive her of her will power.
When the girl is under 12 years of age,
rape is committed although she consented
to the sexual act or even if the girl is a
prostitute. The law does not consider that
kind of consent as voluntary, as the
offended party under 12 years of age
cannot have a will of her own.
If the offended woman is below 12 years
of age, it is always rape. Her mental, and
not only the chronological age is
considered. Thus, it is still rape if the
woman is 13 years old with a mental
capacity of a 5 year old. Furthermore, the
amendatory law has added the more
glaring and unfortunate situation of a
demented girl. Example: 31 year old
mental retardate with the mental capacity
of a 5-year-old (People vs. Manlapaz, G.R.
No. L-41819, Feb. 28, 1978).
Rape Shield Rule - Character of the
woman is immaterial in rape. It is no
defense that the woman is of unchaste
character, provided the illicit relations were
committed with force and violence, etc.
Rape may be committed using the fingers
under the second act, but the ‘instrument
or object’ other than the penis must be
inserted into the genital or anal orifice of
another person. (Obaña v. Hon. Soriano,
G.R. No. 60353. Aug. 21, 2001)
A rape victim cannot invoke self-defense
when he/she kills the rapist unless there is
a threat on his/her life. Unlike before when
rape is still a crime against chastity, the
victim can invoke self-defense under the
same circumstance since honor is equated
to life.
ARTICLE 266-B
QUALIFIED RAPE
Rape under both acts of committing it is
qualified by the following:
Note: Rape is punishable by death if it falls
under any of 4-14 circumstances.
1. When rape is committed with the use of a
deadly weapon or by two or more persons;
2. When by reason or occasion of rape, the
victim has become insane;
3. When the rape is attempted and a
homicide is committed by reason of or on
the occasion of rape (special complex
crime);
4. When by reason of or on occasion of rape,
homicide is committed (special complex
144
crime);
5. When the victim is under 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;
 The statement that the victim “is the
minor daughter” of the offender is not
enough. It is essential that the
information must state the exact age
of the victim at the time of the
commission of the crime. (People v.
Baniguid, G.R. No. 137714, Sept. 8,
2000)
 The relationship of stepdaughter and
stepfather presupposes a legitimate
relationship between the victim’s
mother and the offender, i.e., they
were married after the marriage of the
victim’s mother to her father was
dissolved. (People vs. Melendres,
G.R. 133999-4001, Aug. 31, 2000).
6. When the victim is under the custody of
the police or military authorities or any law
enforcement or penal institution;
7. When the rape is committed in full view of
the spouse, parent, or any of the children
or other relatives within the third civil
degree of consanguinity;
8. 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;
9. When the victim is a child below 7 years
old;
10. When the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and the
virus or disease is transmitted to the
victim;
11. When committed by any member of the
AFP or para-military units thereof of the
PNP or any law enforcement agency or
penal institution, when the offender took
advantage of his position to facilitate the
commission of the crime;
12. When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
13. When the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime;
14. When the offender knew of the mental
disability, emotional disorder and/or
physical disability of the offended party at
the time of the commission of the crime.
 When the homicide is committed NOT
by reason or on the occasion of rape,
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

there is no special complex crime of
rape with homicide.
Moral ascendancy or influence, held to
substitute for the element of physical
force or intimidation.
ARTICLE 266-C
EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between
the offender and the offended party shall
extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to
the legal husband shall extinguish the
criminal action or the penalty, PROVIDED
that the crime shall not be extinguished or
the penalty shall not be abated if the
marriage is void ab initio. This is an
exception to the rule that forgiveness by
the offended party shall not extinguish the
penal action in crimes against person.
Since rape is now a crime against persons,
marriage extinguishes that penal action only
as to the principal, i.e. the husband, but not as
to the accomplices and accessories.
The principle does not apply where MULTIPLE
RAPE was committed because while marriage
with one defendant, extinguishes the criminal
liability, its benefits cannot be extended to the
acts committed by the others of which he is a
co-principal.
Prior to RA No. 8353, a husband cannot be
guilty of rape committed upon his wife
because of the matrimonial consent which she
gave when she assumed the marriage
relation. However, under Art 266-C of RA No.
8353, a husband may be guilty of rape of his
wife if it is the legal husband who is the
offender.
ARTICLE 266-D
PRESUMPTIONS
Evidence which may be accepted in the
prosecution of rape:
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving
his/her consent
TITLE NINE: CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
SECTION ONE: ILLEGAL DETENTION
ARTICLE 267
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Elements: (PICK)
1. That the offender is a private individual
who is not any of the parents of the victim
nor a female; (People vs. Ponce G.R. No.
171653 April 24, 2007);
2. That he kidnaps or detains another, or in
any other manner deprives the latter of his
liberty;
3. That the act of detention or kidnapping
must be illegal;
4. That in the commission of the offense, any
of the following circumstances is present:
a. That the kidnapping or detention lasts
for more than 3 days; or
b. That it is committed simulating public
authority; or
c. That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are
made; or
d. That the person kidnapped or
detained is a minor, female, or a
public officer (People vs. Mercado,
G.R. No. L-65152, August 30, 1984).
It is NOT necessary that the victim be placed
in an enclosure. It may consist not only in
placing a person in an enclosure but also in
detaining him or depriving him in any manner
of his liberty.
 The original Spanish version of Article 267
of the Revised Penal Code used the term
"lock up" (encarcerar) rather than "kidnap"
(sequestrator or raptor) which "includes
not only the imprisonment of a person but
also the deprivation of his liberty in
whatever form and for whatever length of
time." (People v. Baldogo G.R. Nos.
128106-07 January 24, 2003)
 The crime is committed when the offender
left the child in the house of another,
where the child had freedom of locomotion
but not the freedom to leave it at will
because of his tender age. (People v.
Acosta, 60 O.G. 6999)
 The detention is illegal when not ordered
by competent authority or not permitted by
law.
Qualifying circumstances: Death Penalty is
imposed (KERT)
1. If the purpose is to extort ransom;
145
CRIMINAL LAW
BOOK TWO
2. When the victim is killed or dies a
consequence of the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or
dehumanizing act.
 The essence of the crime of
kidnapping is the actual deprivation of
the victim’s liberty coupled with the
intent of the accused to effect
it.(People v. Pavillare G.R. No.
129970, April 5, 2000)
 If the person killed, tortured or rape is
not the same victim of kidnapping or
detention, the crimes may be
complexed or be considered as
separate offenses.
 The essential element or act which makes
the offense kidnapping is the deprivation
of an offended party’s liberty under any of
the four circumstances enumerated.
 But when the kidnapping or detention was
committed for the purpose of extorting
ransom, it is not necessary that one or any
of such circumstances enumerated in the
first par. of Art. 267 be present. Actual
demand for ransom is NOT necessary.
 Where the person kidnapped is killed in
the course of the detention, regardless of
whether the killing was purposely sought
or was merely an afterthought, the
kidnapping and murder or homicide can no
longer be complexed under Art. 48 nor be
treated as separate crimes but shall be
punished as a special complex crime
under the last paragraph of Art. 267, as
amended by RA 7659.
 Regardless of the number of the victims
killed, there is one crime only of special
complex crime of kidnapping with
homicide or murder, as the case may be.
However, if the person killed is not the
kidnap victim, it shall be treated as a
separate crime of homicide or murder, as
the case may be.
 When the victim is a minor and accused is
any of the parents, the penalty is that
provided for in Art. 271 par.2, RPC
 Where there is no showing that the
accused intended to deprive their victims
of their liberty for some time and for some
purpose, and there being no appreciable
interval between their being taken and
their being shot from which kidnapping
may be inferred, the crimes committed
were murder and frustrated murder and
not the complex crimes of kidnapping with
murder and kidnapping with frustrated
murder.
 There is no kidnapping with murder,
but only murder where a 3-year old
child was gagged, hidden in a box
146
where he died and ransom asked. The
demand for ransom did not convert
the offense into kidnapping with
murder. The defendant was well
aware that the child would be
suffocated to death in a few moments
after she left. The demand for ransom
is only a part of the diabolic scheme of
the defendant to murder the child, to
conceal his body and then demand
money before the discovery of the
cadaver. (People vs. Lora, G.R.
No.49430. March 30, 1982)
Illegal Detention
Committed by a private
individual
who
unlawfully
kidnaps,
detains or otherwise
deprives a person of
liberty.
Crime
is
against
personal liberty and
security
Arbitrary Detention
Committed by a public
officer or employee who
detains a person without
legal ground
Crime
against
the
fundamental law of the
State
Kidnapping with Rape Forcible Abduction with
Rape
Lewd design came after At the outset, there is
the intent to kidnap the already lewd design.
victim.
It is a special complex It is a complex crime
crime.
under Article 48 since
forcible abduction is a
necessary means of
committing the crime of
rape.
If there is an attempted If there is an attempted
rape,
it
shall
be rape,
the
crime
considered a separate committed
is
only
crime.
forcible abduction, the
former
being
an
expression of the lewd
design.
If there are multiple If there are multiple
rapes, there is only one rapes, only one is
special complex crime complexed with forcible
of
Kidnapping
with abduction and the rest
Rape.
shall be considered as
separate crimes.
ARTICLE 268
SLIGHT ILLEGAL DETENTION
Elements: (PIKO)
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in
any manner deprives him of his liberty;
3. That the act of kidnapping or detention is
illegal;
4. That the crime is committed without the
attendance
of
the
circumstances
enumerated in Art. 267.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Liability is mitigated when the following
circumstances concur: (VOB)
1. Offender voluntarily releases the person
so kidnapped or detained within three
days from the commencement of the
detention
2. Without having attained the purpose
intended; and
3. Before
the
institution
of
criminal
proceedings against him.
When the victim is female, the detention is
under Art 267; voluntary release is not
mitigating there.
The same penalty of reclusion temporal shall
be incurred by anyone who shall furnish the
place for the perpetration of the crime. His
participation is raised to that of a real coprincipal. If the crime is under Article 267, he is
a mere accomplice unless there was
conspiracy.
ARTICLE 269
UNLAWFUL ARREST
Committed by failing to
deliver such person to the
proper
judicial
authority
within a certain period
Committed
by
making an arrest
not authorized by
law
SECTION TWO: KIDNAPPING OF MINORS
ARTICLE 270
FAILURE TO RETURN A MINOR
Elements: (EF)
1. That the offender is entrusted with the
custody of a minor person (less than 18
years old);
2. That he deliberately fails to restore the
said minor to his parents or guardian;


This may also be committed by the mother
or father of the child. When committed by
either parent, penalty is only arresto
mayor.
Kidnapping and failure to return a minor
(Art. 270) is necessarily included in
Kidnapping and Serious Illegal Detention
of Minor (Par. 4 of Art. 267), but what
differentiates them are the following:
Elements: (ADU)
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is
unauthorized by law or there is no
reasonable ground therefor.
Art. 267
Art. 270
Offender
is
not
entrusted with the
custody of the victim
Offender is entrusted
with the custody of the
minor

Illegally detaining or
kidnapping the minor.
What is punished is
the deliberate failure
of the offender having
the custody of the
minor to restore him to
his
parents
or
guardian
The offender is any person, whether a
public officer or a private individual.
However, the public officer must not be
vested with the authority to arrest or detain
a person or must not act in his official
capacity. Otherwise, Art. 124 is applicable
and not Art. 269
Unlawful Arrest (Art.
269)
Purpose of locking up or
detaining the victim is to
deliver him to the proper
authorities,
and
develops to be unlawful.

ARTICLE 271
INDUCING A MINOR TO ABANDON HIS
HOME
Other Illegal
Detention
Any other case.
No period of detention is fixed by law
under Art. 269 but the motive of the
offender is controlling.
Elements: (LI)
1. That a minor (less than 18 years old) is
living in the home of his parents or
guardian or the person entrusted with his
custody;
2. That the offender induces said minor to
abandon such home.

Delay in the Delivery of
Detained Persons
(Art. 125)
Unlawful Arrest
(Art. 269)

Detention is for some legal
ground
Detention is not
authorized by law

Inducement must be (a) actual, (b)
committed with criminal intent and (c)
determined by a will to cause damage.
The crime committed may be exploitation
of minors depending on the purpose of the
inducement.
To induce means to influence; to prevail
on; to move by persuasion; or to incite by
147
CRIMINAL LAW
BOOK TWO


motives.
Father or mother may commit crimes
under Arts. 270 & 271- where they are
living separately and the custody of the
minor children has been given to one of
them
It is not necessary that the minor actually
abandons the home.
Art. 273
SECTION THREE: SLAVERY AND
SERVITUDE
Elements: (PE)
1. That the offender purchases, sells,
kidnaps or detains a human being;
2. That the purpose of the offender is to
enslave such human being.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
Elements: (RAR-age)
1. That the offender retains a minor in his
service;
2. That it is against the will of the minor;
3. That it is under pretext of reimbursing
himself of a debt incurred by an
ascendant, guardian or person entrusted
with the custody of such minor.
ARTICLE 274
SERVICES RENDERED UNDER
COMPULSION IN PAYMENT
Elements: (CAP)
1. That the offender compels a debtor to
work for him, either as household servant
or farm laborer;
2. That it is against the debtor’s will;
3. That the purpose is to require or enforce
the payment of a debt.
Note: Creditor-Debtor relationship between
the offender and the offended party must exist,
otherwise, the crime committed is coercion.
148
Victim is a minor
Does not distinguish
whether the victim is a
minor or not
Minor is compelled to
render services for the
supposed debt of his
parent or guardian.
Debtor himself is the
one compelled to work
for the offender.
Service of minor is not
limited to household
and farm work.
Limited to household
and farm work.
If in other capacities,
crime committed may
be coercion.
ARTICLE 272
SLAVERY
Qualifying circumstance: When the purpose
of the offender is to assign the offended party
to some immoral traffic.
 If the victim is female, the crime committed
may be that under Article 341 or white
slave trade.
 The purpose must be determined, if the
purpose is to enslave the victim, it is
slavery; otherwise, it is kidnapping or
illegal detention.
Art. 274
CHAPTER TWO: CRIMES AGAINST
SECURITY (ARTS. 275-289)
SECTION ONE: ABANDONMENT OF
HELPLESS PERSONS AND
EXPLOITATION OF MINORS
ARTICLE 275
ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF ONE’S OWN
VICTIM
Acts punished:
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in danger of
dying when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious
offense.
Elements: (UWOF)
a. The place is uninhabited;
b. The accused found there a person
wounded or in danger of dying;
c. The accused can render assistance
without detriment to himself;
d. The
accused
fails
to
render
assistance.
2. By failing to help or render assistance to
another
whom
the
offender
has
accidentally wounded or injured.
3. 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.

“Uninhabited place” is determined by
possibility of person receiving assistance
from another. The place may still be
considered
uninhabited
in
legal
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS


contemplation even if there are many
houses around but the possibility of
receiving assistance is remote.
The child under seven years of age must
be found in an unsafe place.
It is immaterial that the offender did not
know that the child is under seven years.
ARTICLE 276
ABANDONING A MINOR
Elements: (SCAN)
1. That the offender has the custody of a
child;
2. That the child is under seven years of age.
3. That he abandons such child;
4. That he has no intent to kill the child when
the latter is abandoned.
 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.
 Intent to kill cannot be presumed from the
death of the child. The ruling that intent to
kill is conclusively presumed from the
death of the victim of the crime is
applicable only to crimes against persons,
and not to crimes against security,
particularly the crime of abandoning a
minor under Art. 176.
 If the intent in abandoning the child is to
lose its civil status, the crime under Article
347 (concealment or abandonment of a
legitimate child) is committed.
 The minor should not leave his home of
his own free will.
2.
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.
Elements of Abandonment of Minor:
1. That the offender has charge of the
rearing or education of a minor;
2. That he delivers said minor to a public
institution or other persons;
3. That the one who entrusted such child to
the offender has not consented to such
act, or if the one who entrusted such child
to the offender is absent, the proper
authorities have not consented to it.
Elements of Indifference of Parents: (PNP)
1. That the offender is a parent;
2. That he neglects his children by not giving
them education;
3. That his station in life requires such
education and his financial condition
permits it.
 Failure to give education must be due to
deliberate desire to evade such obligation.
 The "neglect of child" punished under
Article 59(4) of PD 603 is also a crime
(known as "indifference of parents")
penalized under the second paragraph of
Article 277 of the Revised Penal Code.
(De Guzman v. Perez, et al. G.R. No.
156013 July 25, 2006)
Abandonment of
Minor by Persons
Entrusted with
Custody
(Art. 277)
Abandonment of
Minor
(Art. 276)
Circumstances Qualifying the Offense:
(DD)
1. When the death of the minor resulted from
such abandonment; or
2. If the life of the minor was in danger
because of the abandonment
The custody of the
offender is specific, that
is, the custody for the
rearing or education of
the minor
The custody of the
offender is stated in
general

Minor is under 18 yrs.
of age
Minor is under 7 years
of age
Minor is delivered to a
public institution or
other person
Minor is abandoned in
such a way as to
deprive him of the care
and protection that his
tender years need
The act must be conscious and deliberate
such that the abandonment deprives the
child of the care and protection from
danger to his person.
ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED
WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS
Acts punished:
1. 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
ARTICLE 278
EXPLOITATION OF MINORS
Prohibited Acts:
1. Causing any boy or girl under 16 years of
age to perform any dangerous feat of
balancing, physical strength, or contortion,
149
CRIMINAL LAW
BOOK TWO
the offender being any person.
2. Employing children under 16 years of age
who are not children or descendants of the
offender in exhibitions of acrobat,
gymnast, rope-walker, diver, or wild animal
tamer, the offender being an acrobat, etc.,
or circus manager or engaged in a similar
calling.
3. Employing any descendant under 12 years
of
age
in
dangerous
exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of said callings.
4. Delivering a child under 16 gratuitously to
any person following
any calling
enumerated in paragraph two, or to any
habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher, or
person entrusted in any capacity with the
care of such child.
5. Inducing any child under 16 to abandon
the home of its ascendants, guardians,
curators or teachers to follow any person
engaged in any calling mentioned in
paragraph two, or to accompany any
habitual vagrant or beggar, the offender
being any person.

Must be of such nature as to endanger the
life or safety of the minor.
Qualifying Circumstance: Delivery of the
child is made in consideration of any price,
compensation or promise
Exploitation of
Minors
(Art 278, par. 5)
Inducing A Minor to
Abandon his Home
(Art. 271)
The
purpose
of
inducing the minor to
abandon the home is to
follow
any
person
engaged in any of the
callings mentioned
No such purpose
Victim is under
years of age
Victim is
a minor
(under 18 years of age)

16
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
Elements: (PEA)
1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s
will.
Rational: To protect and preserve by law the
privacy of one’s dwelling.
Qualifying Circumstance: If committed by
means of violence/intimidation.
Simple Trespass to
Dwelling
Offender enters the
dwelling of another and
the entrance is against
the latter’s will.





R.A. 7610 punishes abuse, exploitation
and discrimination of minors
ARTICLE 279
ADDITIONAL PENALTIES FOR
OTHER OFFENSES
Imposition of the penalties prescribed in the
preceding articles (Art 275-278) shall not
prevent the imposition upon the same person
of the penalty provided for any other felonies
defined and punished under the Code.
150
SECTION TWO: TRESPASS TO DWELLING


Qualified Trespass to
Dwelling
Offender
enters
the
dwelling
of
another
against the latter’s will
and the offense is
committed by means of
violence or intimidation.
“Dwelling place” means any building or
structure exclusively devoted for rest and
comfort. It is not necessary that it be the
permanent dwelling of the person.
Determining factor of whether a building is
a dwelling depends upon the use to which
it is put.
In general, all members of a household
must be presumed to have authority to
extend an invitation to enter the house.
To commit trespass, the entrance by the
accused
should
be
against
the
presumed/implied or express prohibition of
the occupant. Lack of permission does not
amount to prohibition.
There is an implied prohibition when
entrance is made through means not
intended for ingress.
Rule: Whoever enters the dwelling of
another at late hour of the night after the
inmates have retired and closed their
doors does so against their will. Prohibition
in this case is presumed.
If a person was killed after trespass by the
offender, the following crimes are
committed:
 If there was no intent to kill when he
entered - separate crimes of homicide
or murder and qualified trespass to
dwelling
 If there was intent to kill when he
entered
the
crime
of
homicide/murder with dwelling as an
aggravating circumstance
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS






Prohibition must be inexistence prior to or
at the time of entrance.
Prohibition is not necessary when violence
or intimidation is employed by the offender
(qualified trespass).
Violence/Intimidation may be the method
by which one may pass the threshold of
the dwelling of another or the conduct
immediately after the entrance of the
offender.
Normally, all trespassers have intention to
commit another crime HOWEVER, if there
is no overt act of crime intended to be
done, what is committed is trespass to
dwelling.
Trespass may be committed by the owner
of a dwelling (i.e. lessor enters the house
leased to another against the latter's will)
If the offender is a public officer or
employee, the crime committed is violation
of domicile.
Cases to which the provision of this article
is NOT applicable:
1. If the entrance to another’s dwelling is
made for the purpose of preventing some
serious harm to himself, the occupants of
the dwelling or a third person.
2. If the purpose is to render some service to
humanity or justice.
3. If the place where entrance is made is a
café, tavern, inn and other public house,
while the same are open.
Note: A person who believes that a crime
has been committed against him has
every right to go after the culprit and arrest
him without any warrant even if in the
process he enters the house of another
against the latter’s will. (Sec. 6, Rule 113,
Rules of Court)
ARTICLE 281
OTHER FORMS OF TRESPASS
Elements: (CUMN)
1. That the offender enters the closed
premises or the fenced estate of another
2. That the entrance is made while either of
them is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Qualified Trespass to
Dwelling
(Art. 280)
Offender is a private
person.
Other Forms of
Trespass
(Art. 281)
The offender
person.
is
Offender
enters
dwelling house.
a
Offender enters closed
premises or fenced
estate.
Place
entered
inhabited.
is
Place
entered
uninhabited.
is
Act constituting the
crime is entering the
dwelling against the will
of the owner.
It is the entering the
closed premises or the
fenced estate without
securing the permission
of
the
owner
or
caretaker thereof.
Prohibition to enter is
express or implied.
Prohibition to enter must
be manifest.
Premises – signifies distinct and definite
locality. It may mean a room, shop, building or
definite area, but in either case, locality is
fixed.
SECTION THREE: THREATS AND
COERCION
ARTICLE 282
GRAVE THREATS
Acts punished:
1. By threatening another with the infliction
upon his person, honor, or property or that
of his family of any wrong amounting to a
crime and demanding money or imposing
any other condition even though not
unlawful, and the offender attained his
purpose. (with condition)
2. By making such threat without the offender
attaining his purpose. (with condition;
elements for this act are the same with the
first except that the purpose is not
attained.)
3. 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. (without condition)
Grave Threats
Light Threats
Act
threatened
amounts to a crime
Act threatened does
not amount to a crime
Threats
Coercion
Intimidation is essential
Intimidation or Violence
is the essence of the
crime
Intimidation is
and conditional.
future
Force or Violence must
be imminent, actual
and immediate.
any
151
CRIMINAL LAW
BOOK TWO
Intimidation is directed
against the victim or his
family.
Intimidation is directed
against the victim only.
Qualifying Circumstance: If threat was made
in writing or through a middleman.
Elements of Grave Threats where the
offender attained his purpose: (TCDA)
1. That the offender threatens another
person with the infliction upon the latter’s
person, honor or property, or upon that of
the latter’s family, of any wrong;
2. That such wrong amounts to a crime;
3. That there is a demand for money or that
any other condition is imposed, even
though not unlawful;
4. That the offender attains his purpose.
Elements of Grave Threats NOT subject to
a condition: (TCN)
1. That the offender threatens another
person with the infliction upon the latter’s
person, honor, or property, or upon that of
the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a
condition.






The third form of grave threats must be
serious in the sense that it is deliberate
and that the offender persists in the idea
involved in his threats.
Intimidation (promise of future harm or
injury) is the essence of the crime
The crime of threats is consummated the
moment the threat comes to the
knowledge of the person threatened.
If there is another crime actually
committed or the objective of the offender
is another crime, and the threat is only a
means to commit it or a mere incident to
its commission, the threat is absorbed by
the other crime.
If the threat was made with the deliberate
purpose of creating in the mind of the
person threatened the belief that the threat
would be carried into effect, the crime
committed is grave threat, and the minor
crime which accompanied it should be
disregarded.
When the offender demands the money or
property on the spot, the crime is not
grave
threats
BUT
robbery
with
intimidation.
Note:
a. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
152
immediate member or members of his
family or;
b. Imposing a condition, whether lawful or
unlawful.
In order to prevent such person from
appearing in the investigation of, or official
proceedings in, criminal cases is punishable
under PD 1829.
ARTICLE 283
LIGHT THREATS
Elements: (TNDA/N)
1. That the offender makes a threat to
commit a wrong;
2. That the wrong does not constitute a
crime;
3. That there is a demand for money or that
other condition is imposed even though
not unlawful;
4. That the offender has attained his purpose
or, that he has not attained his purpose.
Note: Blackmailing may be punished under
Art. 283.
ARTICLE 284
BOND FOR GOOD BEHAVIOR
When a person is required to give bail
bond:
1. When he threatens another under the
circumstances mentioned in Art. 282.
2. When he threatens another under the
circumstances mentioned in Art. 283.
Art. 35
Art. 284
Provides for bond to
keep the peace
Provides for bond for
good behavior
Not made applicable to
any particular case
Applicable only to
cases of grave threats
and light threats
It is a distinct penalty
It is an additional
penalty
If the offender fails to
give the bond, he shall
be detained for a
period not exceeding 6
months (if prosecuted
for grave/less grave
felony)
or
not
exceeding 30 days (if
prosecuted for light
felony)
If he shall fail to give
bail, he shall be
sentenced to destierro
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ARTICLE 285
OTHER LIGHT THREATS
Prohibited Acts: (TOO)
1. Threatening another with a weapon, or
drawing such weapon in a quarrel, unless
it be in lawful self-defense.
2. Orally threatening another, in the heat of
anger, with some harm constituting a
crime, without persisting in the idea
involved in his threat.
3. Orally threatening to do another any harm
not constituting a felony.
 Where the threats are directed to a person
who is absent and uttered in a temporary
fit of anger, the offense is only other light
threats.
Art. 285
Art. 282 and Art. 283
No demand for money.
In certain cases,
demand for money is
material.
No condition imposed.
In certain cases,
imposed condition is
material.
Threat is not
deliberate.
Threat is deliberate.
ARTICLE 286
GRAVE COERCION
Two Ways of Committing Grave Coercion:
(PC)
1. By preventing another by means of
violence, threats or intimidation, from
doing something not prohibited by law.
(Preventive)
2. By compelling another, by means of
violence, threats or intimidation, to do
something against his will, whether it be
right or wrong. (Compulsive)
meetings, expressing his opinions or
casting his vote through the use of force or
intimidation.
When COMPELLING is not considered
Coercion:
 Under Art. 127: When a public officer
compels a person to change his
residence.
 Under Art. 267: When a person kidnaps
his debtor to compel him to pay.
Elements: (PCVN)
1. That a person prevented another from
doing something not prohibited by law, or
by compelling him to do something against
his will, be it right or wrong;
2. That the prevention or compulsion be
effected
by
violence,
threats
or
intimidation.
3. That the person that restrained the will and
liberty of another has no right to do so, or
in other words, that the restraint is not
made under authority of law or in the
exercise of any lawful right.
When PRISION MAYOR shall be imposed:
(VCP)
1. If the coercion is committed in violation of
the exercise of the right of suffrage.
2. If the coercion is committed to compel
another to perform any religious act.
3. If the coercion is committed to prevent
another from performing any religious act.
Grave Coercion
The act of preventing
by force must be made
at the time the
offended party was
doing or about to do
the act prevented.
Preventive
Compulsive
Grave Coercion
The act prevented to
be done must not be
prohibited by law
The act compelled to
be done by another
against his will may or
may not be prohibited
by law
Intent to deprive the
offended party of his
liberty is not clear (i.e.
may freely leave the
house but is compelled
to return).
When PREVENTING is not considered
Coercion:
 Under Art. 132: When a public officer
prevents the ceremonies of a religious
group.
 Under Art. 143: When a person prevents
the meeting of a legislative assembly.
 Under Art. 145: When a person prevents a
member of Congress from attending
Unjust Vexation
The act was already
done when the
violence was exerted.
Illegal Detention
Intent to
present.
deprive
is
Grave Coercion
Maltreatment of
Prisoners
If the offended party is
not
a
prisoner,
extracting information
using
force
or
intimidation is coercion.
If the offended party is
a prisoner, extracting
information using force
or
intimidation
is
maltreatment.
153
CRIMINAL LAW
BOOK TWO

There is no grave coercion where the
accused acted in good faith in the
performance of his duty.
Coercion is always consummated even if
the offended party did not accede to the
purpose of the coercion.

ARTICLE 287
LIGHT COERCION
Elements: (CSVP)
1. That the offender must be a creditor;
2. That he seizes anything belonging to his
debtor;
3. That the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation;
4. That the purpose of the offender is to
apply the same to the payment of the
debt.
Unjust Vexation (Art. 287, par. 2)
Includes any human conduct which although
not productive of some physical or material
harm would, however, unjustly annoy or vex
an innocent person.
 In determining whether the crime of unjust
vexation is committed, the offender's act
must have caused annoyance, irritation,
vexation, torment, distress or disturbance
to the mind of the person to whom it is
directed.
 It is distinguished from grave and light
coercions by the absence of violence.
 Light coercion will be unjust vexation when
the element of violence is absent.
ARTICLE 288
OTHER SIMILAR COERCIONS
(COMPULSORY PURCHASE OF
MERCHANDISE & PAYMENT OF WAGES
BY MEANS OF TOKENS)
Prohibited acts:
1. Forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or
compelling of the laborer or employee of
the offender to purchase merchandise or
commodities of any kind from him
Elements:
a. That the offender is any person, agent
or officer of any association or
corporation.
b. That he or such firm or corporation
has employed laborers or employees
c. That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to purchase
154
merchandise or commodities of any
kind from him or from said firm or
corporation.
2. Paying the wages due his laborer or
employee by means of tokens or objects
other than the legal tender currency of the
Philippines, unless expressly requested by
such laborer or employee
Elements:
a. That the offender pays the wages due
a laborer or employee employed by
him by means of tokens or objects
b. That those tokens or objects are other
than the legal tender currency of the
Philippines.
c. That such employee or laborer does
not expressly request that he be paid
by means of tokens or objects.

Inducing an employee to give up any part
of his wages by force, stealth, intimidation,
threat or by any other means is unlawful
under Art. 116 of the Labor Code, not
under the RPC. Wages shall be paid in
legal tender and the use of tokens,
promissory notes, vouchers, coupons, or
any other form alleged to represent legal
tender is absolutely prohibited even when
expressly requested by the employee.
ARTICLE 289
FORMATION, MAINTENANCE, &
PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE
OR THREATS
Elements:
1. That the offender employs violence or
threats, in such a degree as to compel or
force the laborers or employers in the free
and legal exercise of their industry or
work;
2. That the purpose is to organize, maintain
or prevent coalitions of capital or laborers
or lockout of employers.



The act should not be a more serious
offense.
Peaceful picketing is allowed. When the
picketers employ violence or if they make
threats, they shall be held liable for
coercion.
Preventing employee from joining any
registered labor organization is punished
under the Labor Code, not under the RPC.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
CHAPTER THREE: DISCOVERY AND
REVELATION OF SECRETS (ARTS. 290292)
ARTICLE 291
REVEALING SECRETS WITH
ABUSE OF OFFICE
ARTICLE 290
DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
Elements: (MLR)
1. That the offender is a manager, employee
or servant;
2. That he learns the secrets of his principal
or master in such capacity;
3. That he reveals such secrets.
Elements: (PSID)
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function;
2. That he seizes the papers or letters of
another;
3. That the purpose is to discover the secrets
of such other person;
4. That the offender is informed of the
contents of the papers or letters seized.
Qualifying Circumstance: Offender reveals
the contents of such paper or letter of another
to a third person.
 Prejudice is not an element of this offense.
 There must be taking possession of
papers or letters of another even for a
short time.
 If the purpose of seizure is to cause
damage, estafa is committed.
 If the purpose is to harass or annoy, the
crime is unjust vexation.
Art. 230
Art. 290
Public officer comes to
know the secret of any
private individual by
reason of his office.
Private individual
The secret is not
necessarily contained
in papers or letters.
It is necessary that
offender seizes
papers or letters
another to discover
secret of the latter.
Reveals
without
reason.

Damage is not necessary.
ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
Elements: (MSRP)
1. That the offender is a person in charge,
employee or workman of a manufacturing
or industrial establishment;
2. That
the
manufacturing/industrial
establishment has a secret of the industry
which the offender has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.


Secrets must relate to manufacturing
process.
Prejudice is an element in this offense
TITLE TEN: CRIMES AGAINST PROPERTY
ARTICLE 293
WHO ARE GUILTY OF ROBBERY
the
the
of
the
the secret
justifiable
If there is a secret
discovered, it is not
necessary that it be
revealed.
Act punished is the
revelation of secrets by
the officer by reason of
his office.
Act punished is the
seizure
of
correspondence so as
to discover the secrets
of the offended party.
Article 290 NOT applicable to:
1. Parents, guardians, or persons entrusted
with the custody of minors with respect to
the papers or letters of the children or
minors placed under their care or study;
2. Spouses with respect to the papers or
letters of either of them.
Robbery – is the taking of personal property
belonging to another, with intent to gain, by
means of violence against, or intimidation of
any person, or using force upon anything.
Classification of Robbery:
1. Robbery with violence against, or
intimidation of persons (Arts. 294, 297 and
298).
2. Robbery by use of force upon things (Arts.
299 and 302).
Elements of Robbery in general:
1. That there be personal property (bienes
muebles) belonging to another;
2. That
there
is
unlawful
taking
(apoderamiento or asportacion) of that
property;
3. That the taking must be with intent to gain
(animus lucrandi);
4. That there is violence against or
intimidation of any person or force used
upon things.
155
CRIMINAL LAW
BOOK TWO
Personal property
As long as the personal property does not
belong to the accused who has a valid claim
thereover, it is immaterial whether said
offender stole it from the owner, a mere
possessor, or even a thief of the property.
Unlawful taking
1. Unlawful taking means appropriating a
thing belonging to another and placing it
under one's control or possession.
2. Unlawful taking is COMPLETE:
a. Robbery with violence against or
intimidation of persons—offender has
already the possession of the thing
even if he has no opportunity to
dispose of it.
b. Robbery with force upon things—the
thing must be brought outside the
building for consummated robbery to
be committed.
complete when the violence was used by
the offender.

Art. 294 applies only where robbery with
violence against or intimidation of persons
takes place without entering an inhabited
house under the circumstances in Art.
299. When both circumstances are
present, the offense shall be considered
as a complex crime under Art. 48, and the
penalty shall be for the graver offense in
the maximum period. (Napolis v. CA, No.
L- 28865, Feb 28, 1972)

If it is the owner who forcibly takes the
personalty from its lawful possessor, the
crime is estafa under Art. 316(3) since the
former cannot commit robbery on his own
property even if he uses violence or
intimidation.

Whenever violence against or intimidation
of any person is used, the taking of
personal property is always robbery. If
there is no violence or intimidation, but
only force upon things, the taking is
robbery only if the force is used either to
enter the building or to break doors,
wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle
inside the building or to force them open
outside after taking the same from the
building.

In the absence of this element, the crime
committed is theft.

Intimidation does not need to be physical
since it can also be psychological.

To determine the number of robberies
committed, check if all the elements of
robbery based on the provisions of the
different means of committing the crime
are present. If each case, the elements of
a certain kind of robbery are present, then
it constitutes one count of robbery already.
Intent to gain
Intent to gain is presumed from the unlawful
taking of personal property
The elements of “personal property belonging
to another” and that of “intent to gain” must
concur.
 If the accused, with intent to gain, took
from another, personal property which
turned out to be his own property, the
property not belonging to another, he
cannot be held liable for robbery; even if in
the taking the accused used violence
against or intimidation of person, or force
upon anything.
 If he took personal property from another,
believing that it was his own property, but
in reality it belonged to the offended party,
there being no intent to gain, he cannot be
held liable for robbery, even if the accused
used violence against or intimidation of
person, or force upon things.
 Thus,
 If the property turns out to be the
offender’s own property, an impossible
crime is committed.
 If there was no intent to gain, estafa or
coercion may be committed.
Violence or Intimidation
 Violence or intimidation must be present
BEFORE the taking of personal property is
complete. But when the violence results in
homicide, rape, intentional mutilation or
any of the serious physical injuries
penalized in Par. 1 and 2 of Art 263, the
taking of the personal property is robbery
complexed with any of those crimes under
Art. 294, even if the taking was already
156
SECTION ONE: ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS
Acts Punished under this Article:
1. (a) When by reason or on occasion of the
robbery, the crime of homicide is
committed; (b) or when the robbery is
accompanied by rape or intentional
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
mutilation or arson.
2. When by reason or on occasion of such
robbery any of the physical injuries
resulting in insanity, imbecility, impotency
or blindness is inflicted. (subdivision 1 of
Art. 263)
3. When by reason or on occasion of
robbery, any of the physical injuries
penalized in subdivision 2 of Art. 263 is
inflicted.
When the person injured a. Loses the use of speech or the power
to hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in
which he was therefore habitually
engaged, in consequence of the
physical injuries inflicted;
4. (a) If the violence or intimidation employed
in the commission of the robbery is carried
to a degree clearly unnecessary for the
commission of the crime; or (b) When in
the course of its execution, the offender
shall have inflicted upon ANY PERSON
NOT
RESPONSIBLE
FOR
ITS
COMMISSION physical injuries covered
by subdivisions 3 and 4 of Art. 263.
When the person injured a. Becomes deformed, or
b. Loses any other member of his body,
or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the
performance of the work in which he
was habitually engaged for more than
90 days, in consequence of the
physical injuries inflicted.
When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90 days),
as a result of the physical injuries inflicted.
5. If the violence employed by the offender
does not cause any of the serious physical
injuries defined in Art. 263, or if the
offender employs intimidation only. (simple
robbery)
These offenses are known as SPECIAL
COMPLEX CRIMES. Crimes defined under
this article are the following:
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
Robbery with Homicide
 The term “homicide” is used in its generic
sense and includes any kind of killing,
whether parricide or murder or where
several persons are killed and the name of
this special complex crime shall remain as
robbery with homicide. The qualifying
circumstance (e.g. treachery in murder)
will only become
an
aggravating
circumstance.
 Homicide may precede robbery or may
occur after robbery. What is essential is
that the offender must have intent to take
personal property before the killing.
 Where the offender’s intention to take
personal property of the victim arises as an
afterthought, where his original intent was
to kill, he is guilty of two separate crimes of
homicide or murder, as the case may be,
and theft.
 The phrase “by reason” covers homicide
committed before or after the taking of
personal property of another, as long as
the motive of the offender in killing is to
deprive the victim of his personal property
which is sought to be accomplished by
eliminating an obstacle, killing a person
after robbery to do away with a witness or
to defend the possession of the stolen
property.
 There is robbery with homicide even if the
person killed was a bystander and not the
person robbed or even if it was one of the
offenders. The law does not require the
victim of the robbery be also the victim of
homicide.
 Robbery with homicide exists even if the
death of the victim supervened by mere
accident. It is sufficient that a homicide
resulted by reason or on the occasion of
the robbery. (People v. Mangulabnan, 99
Phil. 992 [1956])
Robbery with Rape
 In robbery with rape, the law uses the
phrase “when the robbery shall have been
accompanied by rape”. But like in robbery
with homicide, 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.
 Robbery with rape does not cover robbery
with attempted rape since what is provided
by the RPC is a special complex crime of
robbery with rape. Robbery with attempted
rape cannot be complexed under Art. 48
since one crime is not a necessary means
of committing the other nor can both be
157
CRIMINAL LAW
BOOK TWO

results of a single act.
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. (People vs.
Balacanao, G.R. No. 118133, February 28,
2003)
 Par 1 of this article also applies even if
the victim of the rape committed by the
accused was herself a member of the
gang of robbers.
Note: There is no crime of Robbery with
Multiple Homicide or Robbery with Multiple
Counts of Rape. Although there be more than
one instance of homicide/murder or rape, they
shall be considered as embraced under one
special complex crime of either Robbery with
Homicide or Robbery with Rape.
Neither shall the additional rape/s or
homicide/s be considered aggravating. Unless
and until a law is passed providing that the
additional rape/s (or homicide/s) may be
considered aggravating, the Court must
construe the penal law in favor of the offender
as no person may be brought within its terms if
he is not clearly made so by the statute.
(People vs. Sultan, G. R. No. 132470, April,
27, 2000).
Robbery with Arson
In the case of robbery with arson, it is
essential that the robbery precedes the arson.
There must be an intent to commit robbery
and no killing, rape or intentional mutilation
should be committed in the course of the
robbery, or else, arson will only be considered
an aggravating circumstance of the crime
actually committed.
Robbery with Serious Physical Injuries
 Par 2 and par. 3 of this article also apply
even when the serious physical injuries
referred to therein are inflicted upon a corobber.
th
 Under the 4 act punishable, clause A, the
violence need not result in serious physical
injuries. The first clause in Art 294 par 4
requires only that the violence be
unnecessary for the commission of the
crime.
 To be considered as robbery with physical
injuries, the injuries inflicted must be
serious; otherwise, they shall be absorbed
in the robbery. However, if the less serious
or slight physical injuries were committed
after the robbery was consummated, that
would constitute a separate offense.
 Under clause B, it is required that the
physical injuries be inflicted in the course
158
of the execution of the robbery and that
any of them was inflicted upon any person
not responsible for the commission of the
robbery
Simple Robbery
 Par. 5 is known as simple robbery
because they only involve slight or less
serious physical injuries, which are
absorbed in the crime of robbery as an
element thereof.

Violence or intimidation may enter at any
time before the owner is finally deprived of
his property. This is so because
asportation is a complex fact, a whole
divisible into parts, a series of acts, in the
course of which personal violence or
intimidation may be injected.
Threats to Extort
Money
Robbery thru
Intimidation
Intimidation is
conditional or future.
Intimidation is
and immediate.
Intimidation may be
through an intermediary.
Intimidation is personal.
Intimidation may refer to
person,
honor
or
property of the offended
party or of his family.
Intimidation is directed
only to the person of the
victim.
The gain of the culprit is
not immediate.
The gain of the culprit is
immediate.
Robbery
Bribery
The victim is deprived of
his money, property by
force or intimidation.
He parts with his
money, in a sense,
voluntarily.
Robbery
Grave Coercion
With intent to gain
actual
No intent to gain
ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED
PLACE BY A BAND OR WITH THE USE
OF FIREARM ON A STREET, ROAD OR
ALLEY
Qualified Robbery with Violence Against or
Intimidation of Persons:
Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car,
motor vehicle, or airship; or
4. By
entering
the
passengers’
compartments in a train, or in any manner
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
taking the passengers by surprise in their
respective conveyances; or
5. On a street, road, highway, or alley, and
the intimidation is made with use of
firearms, the offender shall be punished by
the maximum period or the proper
penalties prescribed in Art. 294.
This article provides
five
special
aggravating
circumstances
which,
because they impose the penalty in the
maximum period and cannot be offset by a
generic mitigating circumstance, are also
considered as qualifying circumstances.
Art. 294
Despoblado and en
cuadrilla
need
not
concur
Art. 300
Both must concur
If the crime committed is robbery with
homicide, rape, mutilation or arson (Par. 1)
or with physical injuries under subdivision
1 of Art. 263 (Par. 2), despoblado and
cuadrilla will each be considered only as a
generic aggravating circumstance.
ARTICLE 296
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF
Outline:
1. When at least four armed malefactors take
part in the commission of a robbery, it is
deemed committed by a band.
2. When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all malefactors shall be the
maximum of the corresponding penalty
provided by law without prejudice to the
criminal liability for illegal possession of
firearms.
3. Any member by a band who was present
at the commission of a robbery by the
band, shall be punished as principal of any
assaults committed by the band, unless it
be shown that he attempted to prevent the
same.
Art. 296, just like Art. 295, also applies
only to robbery under pars. 3, 4 and 5 of
Art. 294, and not to robbery with homicide,
rape, intentional mutilation, arson or the
physical injuries in par. 1 of Art. 263.
PD 1866 penalizes illegal possession of
firearm in addition to criminal liability for
robbery by a band.
firearm in murder and homicide is now
considered not as a separate crime but
merely
a
special
aggravating
circumstance.
Use of unlicensed firearm by a band in the
commission of robbery with physical
injuries cannot be offset by a generic
mitigating circumstance.
Requisites for liability for the acts of other
members of the band:
1. He was a member of the band;
2. He was present at the commission of a
robbery by that band;
3. The other members of that band
committed an assault;
4. He did not attempt to prevent the assault.


Proof of conspiracy is not necessary when
four or more armed persons committed
robbery.
The circumstance that the robbery was
committed by a band would only be
appreciated as an ordinary aggravating
circumstance in Robbery with Homicide.
No such crime as robbery with homicide in
band. (People vs. Apduhan, Jr., G.R. No.
L-19491, August 30, 1968)
ARTICLE 297
ATTEMPTED AND FRUSTRATED
ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES
Special Complex Crime: When by reason or
on occasion of an attempted or frustrated
robbery, a homicide is committed.
“Homicide” under this article is also used in its
generic sense - to include any other unlawful
killing. However, if the killing legally constituted
murder or parricide, the offense will continue
to be covered by Art. 297 with the technical
name stated therein, but the penalty shall be
for murder or parricide because Art. 297
states, “unless the homicide (killing) committed
shall deserve a higher penalty under this
Code.”
The penalty is the same whether the robbery
is attempted or frustrated.
If homicide is not consummated, the crimes of
robbery and attempted or frustrated homicide:
1. May be complexed (Article 48), or
2. Considered as separate crimes, or
3. Considered as one crime, one absorbing
the other.
Under R.A. No. 8294, the use of unlawful
159
CRIMINAL LAW
BOOK TWO
If physical injuries were inflicted on the
victim, but no intent to kill was proved and
the victim did not die, the liability of the
offender may be as follows:
1. If the physical injuries were by reason of
the attempted or frustrated robbery as the
means for the commission of the latter, the
injuries are absorbed by the latter and the
crime shall only be attempted or frustrated
robbery.
2. If the physical injuries were inflicted only
on the occasion of the aborted robbery but
not employed as a means of committing
the latter, these will be separate crimes of
attempted or frustrated robbery and
physical injuries.
3. If both killing and physical injuries were
committed on that occasion, the crime will
be penalized in accordance with Art. 297
but the physical injuries will be absorbed.
a. Through an opening not intended for
entrance or egress;
b. By breaking any wall, roof, floor, door,
or window;
c. By using false keys, picklocks or
similar tools; or
d. By using any fictitious name or
pretending the exercise of public
authority.
3. That once inside the building, the offender
took personal property belonging to
another with intent to gain


When the offense committed is attempted
or frustrated robbery with serious physical
injuries, Art. 48 is applicable, since the
felony would fall neither under Art 294
which covers consummated robbery with
homicide nor under Art 297 which covers
attempted or frustrated robbery with
homicide. However, for Art. 48 to apply,
serious physical injuries must be
employed as a necessary means of
committing robbery.
ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
Elements:
1. That the offender has intent to defraud
another;
2. That the offender compels him to sign,
execute, or deliver any public instrument
or document;
3. That the compulsion is by means of
violence or intimidation.
SECTION TWO: ROBBERY WITH THE USE
OF FORCE UPON THINGS
ARTICLE 299
ROBBERY IN AN INHABITED
HOUSE/PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
Elements: (Subdivision A)
1. The offender entered
a. an inhabited house,
b. a public building or
c. an edifice devoted to religious worship
2. The entrance was effected by any of the
following means:
160






Any of the four means described in
subdivision (a) of Art. 299 must be
resorted to by the offender TO ENTER a
house, not to get out.
The wall broken must be an outside wall,
not a wall between rooms in a house or
building, because the breaking of a wall
must be for the purpose of entering.
But if a room is occupied by a person as
his separate dwelling, the breaking of the
room’s wall may give rise to robbery.
False keys 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.
The false key or picklock must be used for
entering the building.
The whole body of the culprit must be
inside the building to constitute entering.
Not every physical force exerted by the
offender is covered by Art. 299, hence
breaking store windows to steal something
but without entry, is only theft.
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public
building or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it.
2. The offender takes personal property
belonging to another with intent to gain
under any of the following circumstances:
a. by the breaking of internal doors,
wardrobes, chests, or any other kind of
sealed furniture or receptacle
b. by taking such furniture or objects away
to be broken open outside the place of the
robbery

Entrance into the building by any means
mentioned in subdivision (a) of Article 299
is not required in robbery under
subdivision (b) of the same article.

The term door under this subdivision
refers only to doors lids or opening sheets
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
of furniture or other portable receptaclesNOT to outside doors of house or building.

not an edifice devoted to religious worship;
2. That any of the following circumstances
was present:
a. The entrance was effected through an
opening not intended for entrance or
egress;
b. A wall, roof, floor, or outside door or
window was broken;
c. The entrance was effected through the
use of false keys, picklocks or other
similar tools;
d. A door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken; or
e. A closed or sealed receptacle was
removed, even if the same be broken
open elsewhere;
3. That with intent to gain, the offender took
therefrom personal property belonging to
another.
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 300
ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND
Under this Article, Robbery with Force Upon
Things is qualified when committed in an
uninhabited place AND by a band, as
distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art. 295)
which is committed in an uninhabited place
OR by a band.
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES
Inhabited House – means any shelter, ship,
or vessel constituting the dwelling of one or
more persons, even though the inhabitants
thereof shall temporarily be absent therefrom
when the robbery is committed.
Dependencies of an inhabited house,
public building or building dedicated to
religious worship – all interior courts, corrals,
warehouses, granaries or enclosed places
1. Contiguous to the building or edifice,
2. Having an interior entrance connected
therewith, and
3. Which form part of the whole.
Orchards and other lands used for cultivation
or production are not included in the terms of
the next preceding paragraph, even if closed,
contiguous to the building and having direct
connection therewith.
Public Building – includes every building
owned by the Government or belonging to a
private person not included, used or rented by
the
Government,
although
temporarily
unoccupied by the same.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING


The only difference between Arts. 299 and 302
is that the use of fictitious name or simulation
of public authority can be used only in Art. 299
which refers to inhabited buildings and not in
Art. 302 which involves uninhabited or other
places.
While Art. 302 provides for robbery in an
“uninhabited place,” it actually means an
uninhabited house.

When the property taken is a mail matter
during any of the robbery defined in Arts. 294,
295, 297, 299, 300 & 302, the penalties next
higher than those provided in said articles
shall be imposed.

The taking of large cattle is now punished
under P.D. No. 533.
ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR
FIREWOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING
Penalty is 1 degree lower when cereals, fruits,
or firewood are taken in robbery with force
upon things.
Cereals are seedlings which
immediate product of the soil.
are
the
The palay must be kept by the owner as
“seedling” or taken for that purpose by the
robbers.
Elements:
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
161
CRIMINAL LAW
BOOK TWO
ARTICLE 304
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
Elements:
1. That the offender has in his possession
picklocks or similar tools;
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery;
3. That the offender does not have lawful
cause for such possession.

Actual use of picklocks or similar tools is
not necessary in illegal possession
thereof.
ARTICLE 305
FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding
article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the
owner for use in the lock forcibly opened
by the offender.


A master key is a picklock and its
possession is punishable.
A lost or misplaced key found by another
and not returned to its rightful owner is
considered as a genuine key stolen from
the owner.
CHAPTER TWO: BRIGANDAGE
(ARTS. 306-307)
PRESIDENTIAL DECREE 532
Modified Arts. 306 & 307
Definition of Terms (Section 2)
Philippine waters – refer to all bodies of
water, such as but not limited to seas, gulfs,
bays around, between and connecting each of
the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or
dimension, and all other waters belonging to
the Philippines by historic or legal title,
including territorial sea, the sea-bed, the
insular shelves, and other submarine areas
over which the Philippines has sovereignty or
jurisdiction
Vessel – any vessel or watercraft used for
transport of passengers and cargo from one
place to another through Philippine waters and
includes all kinds and types of vessels or
boats used in fishing
162
Philippine highway – refer to any road,
street, passage, highway and bridges or other
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or
locomotives or trains for the movement or
circulation of persons or transportation of
goods, articles, or property or both
Piracy – 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 and
offenders shall be considered as pirates
Highway robbery/brigandage – seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence
against or intimidation of persons or force
upon things or other unlawful means,
committed by any person on any Philippine
highway
Elements:
1. The robbery should take place along the
Philippine highway.
2. The act of robbery must be indiscriminate.
It should not be an isolated case.
3. 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.

Any person who aids or protects highway
robbers or abets the commission of
highway robbery or brigandage shall be
considered as an ACCOMPLICE.
Punishable Acts
1. Piracy (Section 3)
2. Highway robbery/brigandage (Section 3)
3. Aiding pirates or highway robbers/
brigands or abetting piracy or highway
robbery/ brigandage (Section 4)
PD 532
Mere conspiracy to
constitute the offense
of brigandage is not
punishable
(presupposes that acts
defined are actually
committed)
Brigandage
(Art. 306, RPC)
Mere formation of a
band for any purpose
indicated in the law is
punishable
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Offenders need not
constitute a band. One
person can commit the
crime.
ARTICLE 306
BRIGANDAGE
Elements:
1. There be at least four armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To attain by means of force or
violence any other purpose
Presumption of law as to brigandage:
All are presumed to be highway robbers or
brigands, if any of them carry unlicensed
firearm.
 Brigandage may be committed without the
use of firearms. The term “armed” covers
arms and weapons in general, not
necessarily firearms.
The only things to prove are:
1. That there is an organization of more than
three armed persons forming a band of
robbers;
2. That the purpose of the band is any of
those enumerated in Art. 306;
3. That they went upon the highway or
roamed upon the country for that purpose;
4. That the accused is a member of such
band.
Brigandage
Robbery in Band
Purpose:
commit
robbery in highway; or
to kidnap person for
ransom; or any other
purpose attained by
force and violence
Purpose:
commit
robbery, not necessarily
in highways
Agreement
commit
robberies.
Agreement is to commit
a particular robbery.
is
to
several
Mere formation
punished.
is
ARTICLE 307
AIDING OR ABETTING A
BAND OF BRIGANDS
Offenders must be a
band of robbers
Actual commission of
robbery is necessary.
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands;
3. That the offender does any of the following
acts:
a. That he aids, abets, or protects such
band of brigands;
b. That he gives them information on the
movements of the police or other
peace officers of the government; or
c. That he acquires or receives property
taken by such brigands.

It shall be presumed that the person
performing any of the acts provided in this
article has performed them knowingly,
unless the contrary is proven.
CHAPTER THREE: THEFT (ARTS. 308-311)
ARTICLE 308
WHO ARE LIABLE FOR THEFT
Theft – is committed by any person who, with
intent to gain but without violence or
intimidation of persons nor force upon things,
shall take the personal property of another
without the latter’s consent.
Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the
consent of the owner;
5. That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things.
Theft is likewise committed by:
1. Any person who, having found lost
property, shall fail to deliver the same to
the local authorities or to its owner;
It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging
to another; and
c. That the accused having had the
opportunity to return or deliver the lost
property to its owner or to the local
authorities, refrained from doing so.


The term “lost property” embraces loss
by stealing.
The finder in law can also be held
163
CRIMINAL LAW
BOOK TWO
liable for theft under this paragraph.
2. 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;
3. 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 fruits,
cereals, or other forest or farm products.
Elements:
1. That there is an enclosed estate or a
field where trespass is forbidden or
which belongs to another;
2. That the offender enters the same;
3. That the offender hunts or fishes upon
the same or gathers fruits, cereals, or
other forest or farm products in the
estate or field; and
4. That the hunting or fishing or
gathering of products is without the
consent of the owner.





The fishing referred to in this article is not
fishing in the fishpond or fishery; otherwise
it is qualified theft under Art 310.
Theft is not a continuing offense.
What
distinguishes
THEFT
from
ROBBERY is that in theft the offender
does not use violence or intimidation or
does not enter a house or building through
any of the means specified in Art. 299 or
Art. 302 in taking personal property of
another with intent to gain.
In theft, the phrase used is “shall take
personal property of another”, not “shall
take away such property”.
In theft, it suffices that consent on the part
of the owner is lacking. In robbery, it is
necessary that the taking is against the will
of the owner.
From the moment the offender gained
possession of the thing, even if the culprit had
no opportunity to dispose of the same, the
unlawful taking is complete (People vs.
Salvilla, GR. No. 86163, April 26, 1990).
The ability of the offender to freely dispose of
the property stolen is not a constitutive
element of the crime of theft. It finds no
support or extension in Article 308, whether as
a descriptive or operative element of theft or
as the mens rea or actus reus of the felony
(Valenzuela vs. People of the Philippines, G.
R. No. 160188, June 21, 2007).
Theft is not limited to an actual finder of lost
164
property who does not return or deposit it with
the local authorities but includes a policeman
to whom he entrusted it and who
misappropriated the same, as the latter is also
a finder in law.
Theft of electricity is also punishable under RA
7832, the Anti-Electricity and Electric
Transmission Lines/Materials Pilferage Act of
1994.
ARTICLE 309
PENALTIES
The basis of penalty in Theft is:
1. The value of the thing stolen, and in some
cases,
2. The value and the nature of the property
taken, or
3. The circumstances or causes that impelled
the culprit to commit the crime.
ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following
instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of
confidence
3. If the property stolen is (a) motor vehicle,
(b) mail matter or (c) large cattle
4. If the property stolen consists of coconuts
taken from the premises of plantation.
5. If the property stolen is taken from a
fishpond or fishery
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or
civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to
gain;
4. That it be done without the owner’s
consent;
5. That it be accomplished without the use of
violence or intimidation against persons,
nor of force upon things;
6. That it be done with grave abuse of
confidence. (People v. Puig, G.R. Nos.
173654-765, August 28, 2008)
 Penalty for qualified theft is two degrees
higher than that provided in Art. 309.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
ANTI CARNAPPING ACT of 1972
(R.A. 6539)
Carnapping - taking, with intent to gain, of
motor vehicle belonging to another without the
latter’s consent, or by means of violence
against or intimidation of persons, or by using
force upon things.
Motor Vehicle – any vehicle which is
motorized using the streets which are public,
not exclusively for private use, comes within
the concept of motor vehicle. It includes all
vehicles propelled by power, other than
muscular power.

If the OWNER, DRIVER OR OCCUPANT
of a carnapped vehicle is killed or raped in
the course of the commission of the
carnapping or on the occasion thereof, the
penalty of reclusion perpetua to death
shall be imposed.

Since Sec. 14 of RA 6539 uses the words
“IS KILLED,” no distinction must be made
between homicide and murder.

If the motor vehicle was not taken by the
offender but was delivered by the owner or
the possessor to the offender, who
thereafter misappropriated the same, the
crime is either qualified theft or estafa
Qualified Theft only: If material or physical
possession was given to the offender
Estafa only: If material plus juridical
possession were given to the offender
CATTLE RUSTLING LAW of 1974
(P.D. 533)
Cattle Rustling – is defined as the taking
away by means, method or scheme, without
the consent of the owner/raiser, of any large
cattle whether or not for profit or gain, or
whether committed with or without violence
against or intimidation of persons or force
upon things. It includes the killing of large
cattle or taking it as meat or hide without the
consent of the owner/raiser.
Large Cattle – shall include the cow, carabao,
horse, mule, ass, or other domesticated
member of the bovine family. Goats are not
large cattle.
Presumption of Cattle Rustling: Failure to
exhibit the required documents by any person
having in his possession, control, or custody of
large cattle, upon demand by competent
authorities shall be prima facie evidence that
the large cattle in his possession, control and
custody are the fruits of the crime of cattle
rustling.
LAW ON ILLEGAL FISHING
(P.D. 534)
Illegal Fishing – the act of any person to
catch, take or gather or cause to be caught,
taken or gathered fish or fishery/aquatic
products in Philippine waters with the use of
explosives,
obnoxious
or
poisonous
substances or by the use of electricity.
Dealing in illegally caught fish or
fishery/aquatic products – any person who
possesses or deals in, sells or in any manner
disposes of, for profit , any fish, fishery/aquatic
products which have been illegally caught,
taken or gathered.
“HIGHGRADING” OR THEFT OF GOLD
(P.D. 581)
“Highgrading” or Theft of Gold – the act of
any person who shall take gold-bearing ores
or rocks from a mining claim or mining camp
or shall remove, collect or gather gold-bearing
ores or rocks in place or shall extract or
remove the gold; from such ores or rocks, or
shall prepare and treat such ores or rocks to
recover or extract the gold content thereof,
without the consent of the operator of the
mining claim.
Presumption: Unauthorized possession by
any person within a mining claim or mining
camp of gold-bearing ores or rocks or of gold
extracted or removed from such ores or rocks
shall be prima facie evidence that they have
been stolen from the operator of a mining
claim (Sec. 2).
ANTI – FENCING LAW
(P.D. 1612)
Elements:
1. Crime of robbery or theft has been
committed;
2. Accused, who is not a principal or
accomplice in the commission of the crime
of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals,
sells, or disposes of, or shall buy and sell,
or in any other manner deal any article,
item, object or anything of value which he
knows, or should be known to him, to have
been derived from the proceeds of said
crime;
3. Accused knows or should have known that
said article, item, object or anything of
165
CRIMINAL LAW
BOOK TWO
value has been derived from the proceeds
of theft or robbery;
4. Accused has intent to gain for himself or
another.
Section 2. Definition of Terms.
Fencing – the act of any person who, with
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
sell, or dispose of, or shall buy and sell, or in
any other manner deal any article, item, object
or anything of value which he knows, or should
be known to him, to have been derived from
the proceeds of the crime of robbery or theft.
Section 5. Presumption of Fencing.
 Mere possession of any good, article,
item, object, or anything of value which
has been the subject of robbery or thievery
shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/
Second Hand Articles.
 All stores, establishments or entities
dealing in the buy and sell of any good,
article, item, object or anything of value
shall, before offering the same for sale to
the public, secure the necessary clearance
or permit from the station commander of
the Integrated National Police in the town
or city where such store, establishment or
entity is located.
 Any person who fails to secure the
required clearance/permit shall also be
punished as a fence.
Notes:
 Fencing is not a continuing offense. The
court of the place where fencing was
committed has jurisdiction over the case.
The place where robbery or theft took
place is insignificant.
 An accessory to the crime of robbery or
theft may also be held liable for fencing.
PRESIDENTIAL DECREE NO. 401
Penalizing the Unauthorized Installation of
Water, Electrical or Telephone
Connections, the Use of Tampered Water
or Electrical Meters, and other Acts
(March 1, 1974)
Acts punished:
1. The use of tampered water or electrical
meters to steal water or electricity;
2. The stealing or pilfering of water and/or
electrical meters, electric and/or telephone
wires;
3. Knowingly possessing stolen or pilfered
water and/or electrical meters and stolen
166
or pilfered electric and/or telephone wires.
Theft of electricity can also be committed
by any of the following means:
1. Turning back the dials of the electric
meter;
2. Fixing the electric meter in such a manner
that it will not register the actual electric
consumption;
3. Under-reading of electric consumption;
and
4. Tightening screw or rotary blades to slow
down the rotation of the same (People v.
Relova, No. L- 45129, March 6, 1987).
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST
RESERVES AS QUALIFIED THEFT
(P.D. NO. 330)
Any person, whether natural or juridical who
directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products,
either from any of the public forest, forest
reserves and other kinds of public forest,
whether under license or lease, or from any
privately owned forest land in violation of
existing laws, rules and regulations shall be
guilty of the crime of qualified theft.
P.D. NO. 705
REVISING PRESIDENTIAL DECREE NO.
389, OTHERWISE KNOWN AS THE
FORESTRY REFORM CODE OF THE
PHILIPPINES
Acts punished:
1. Cutting, gathering and/or collecting timber
or other products without license from any
forest land or timber from alienable and
disposable public lands or from private
lands shall be guilty of qualified theft under
Art 309 and 310 of the RPC;
2. Entering and occupying or possessing, or
making kaingin for his own private use or
for others any forest land without authority
or destroying in any manner such forest
land or part thereof, or causing any
damage to the timber stand and other
products and forest growths found therein;
3. Grazing or causing to graze without
authority livestock in forest lands, grazing
lands and alienable and disposable lands
which have not as yet been disposed of in
accordance with Public Land Act;
4. Occupying for any length of time without
permit any portion of the national parks
system or cutting, destroying, damaging,
or removing timber or any species of
vegetation or forest cover and other
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
natural resources found therein or
mutilating, defacing, or destroying objects
of natural beauty or of scenic value within
areas of the natural park system;
5. Selling or offering for sale any log, lumber,
plywood or other manufactured wood
products in the international or domestic
market, unless he complies with the
grading rules established or to be
established by the Government.
ARTICLE 311
THEFT OF THE PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL
MUSEUM
Theft of property on National Library and
Museum has a fixed penalty regardless of
its value. But if the crime is committed with
grave abuse of confidence, the penalty for
qualified theft shall be imposed, because
Art 311 says “unless a higher penalty
should be provided under the provisions of
this Code.”






CHAPTER FOUR: USURPATION
(ARTS. 312-313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
PROPERTY
Elements:
1. That the offender takes possession of any
real property or usurps any real rights in
property;
2. That the real property or real rights belong
to another;
3. That violence against or intimidation of
persons is used by the offender in
occupying real property or usurping real
property or usurping real right in property;
4. That there is intent to gain.
Acts punishable under Article 312:
1. By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons.
2. By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons.
 There is only civil liability, if there is no
violence or intimidation in taking
possession.
 Art 312 does not apply when the violence
or intimidation took place subsequent to
the entry. Violence or intimidation must be
the means used in occupying real property
or in usurping real rights and not in
retaining possession.
When there is no intent to gain, crime
committed is coercion.
When there is no violence or intimidation
used and there is no intent to gain, the
crime is only malicious mischief.
Art 312 only provides a penalty of fine.
However, the offender shall also suffer the
penalty for acts of violence executed by
him. Art. 48 on complex crimes does not
apply.
Criminal action for usurpation of real
property does not bar a civil action for
forcible entry
Republic Act No. 947 punishes entering or
occupying of public agricultural land
including public lands granted to private
individuals.
Squatters: As defined under Urban
Development and Housing Act, they are:
1. Those who have the capacity or
means to pay rent or for legitimate
housing but are squatting anyway.
2. Those who were awarded lots but sold
or lease them out.
3. Those who are intruders of lands
reserved for socialized housing, preempting possession by occupying the
same.
Theft /Robbery
Personal
taken.
property
Art. 312
is
Real property or real
right involved
ARTICLE 313
ALTERING BOUNDARIES OR LANDMARK
Elements:
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same;
2. That the offender alters said boundary
marks.

Altering is understood in its general and
indefinite meaning. Any alteration is
enough to constitute the material element
of the crime.
CHAPTER FIVE: CULPABLE INSOLVENCY
(ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
Elements:
1. That the offender is a debtor, that is, he
has obligations due and demandable;
2. That he absconds with his property;
167
CRIMINAL LAW
BOOK TWO
3. That there be prejudice to his creditors.


Actual prejudice is required.
Real property may be the subject matter of
fraudulent insolvency
Unlike in the Insolvency Law, Art. 314 does
not require for its application that the criminal
act should have been committed after the
institution of insolvency proceedings.
CHAPTER SIX: SWINDLING AND OTHER
DECEITS (ARTS. 315-318)
ARTICLE 315
SWINDLING/ESTAFA
Elements in general:
1. That the accused defrauded another by
abuse of confidence, or by means of
deceit;
2. That the damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his
money or property as a result of the
defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
Note: Profit or gain must be obtained by the
accused personally and mere negligence in
allowing another to benefit from the
transaction is not estafa.
I.
Estafa with Unfaithfulness or Abuse of
Confidence
A. Estafa with unfaithfulness (Article
315, No. 1-A)
Elements:
1. That the offender has an onerous
obligation to deliver something of
value;
2. That he alters its substance,
quantity or quality;
3. That damage or prejudice capable
of pecuniary estimation is caused
to the offended party or third
persons.
 It is estafa even if the obligation
be based on an immoral or illegal
obligation.
 When there is no agreement as to
the quality of thing to be delivered,
the delivery of the thing not
acceptable to the complainant is
168
not estafa.
B. Estafa with abuse of confidence
(Article 315 No.1-B)
Elements:
1. That money, goods, or other
personal property be received by
the offender in trust, or on
commission, or for administration,
or under any other obligation
involving the duty to make delivery
of, or to return, the same;
2. That there be misappropriation or
conversion of such money or
property by the offender, or denial
on his part of such receipt;
3. That such misappropriation or
conversion or denial is to the
prejudice of another;
4. That there is demand made by the
offender party to the offender.
Note: The second element shows
three ways in which estafa under this
paragraph be committed:
1. Misappropriation
the
thing
received,
2. Conversion of the thing received,
or
3. Denial of the receipt of the thing
received
Definition of Terms
1. Misappropriation (M) - the act of
taking something for one’s own
benefit
2. Conversion - the act of using or
disposing of another’s property as
it was one’s own; thing has been
devoted to a purpose or use other
than that agreed upon.
3. Material Possession (MP) – The
actual physical possession of
personal property, where the
possessor cannot claim a better
right to such property than that of
its owner.
4. Juridical Possession (JP) – Is
present when the possession of
the personal property arises from
a lawful causation, contract or
agreement, express or implied,
written or unwritten or by virtue of
a provision of law.
 In such a case, the possessor
of the property has a better
right to it than the owner and
may set up his possession
thereof against the latter due
to the lawful transaction
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
between them.
5. Ownership (O) – There is
ownership
of
the
personal
property when there is no
obligation to return exactly the
same property given or lent to the
possessor.
Take Note:
1. If the offender has been given
Material Possession of
the
personal
property
and
he
Misappropriates the same, he is
liable for the crime of THEFT.
Is Novation a Ground to Extinguish
Criminal Liability under Estafa?
NO. The Novation of the contract or
obligation AFTER criminal liability for
Estafa has been INCURRED is NOT a
ground to extinguish the offender’s
criminal liability. Novation is not one of the
grounds for the extinguishment of criminal
liability under Art. 89 of the RPC.
HOWEVER, where such novation, occurs
BEFORE the criminal liability for Estafa
has been incurred, that is when not all the
elements therefore are present, then no
criminal liability attaches.
MP + M = Theft
2. If the offender has been given
Juridical Possession and Material
Possession of the personal
property and he Misappropriates
the same, he is liable for the crime
of ESTAFA.
Theft
The offender takes
the thing without the
owner’s consent
The offender acquires
only the material or
physical possession
of the thing
JP + MP + M = Estafa
3. If the person has been given the
Ownership, Juridical Possession,
and Material Possession of the
personal
property
and
he
Misappropriates the same, he is
NOT criminally liable and incurs
only a CIVIL LIABILITY.
O + JP + MP + M = NO CRIME
 The
contracts
of
deposit,
commodatum, and lease, quasicontract of solutio indebiti and trust
receipt transactions are examples of
obligations involving the duty to return
or make delivery.
 The thing to be delivered or returned by
the offender must be the very object
which he received.
 The person prejudiced need not
necessarily be the owner of the
property.
General Rule: There must be a formal
demand on the offender to comply with his
obligation before he can be charged with
estafa.
Exceptions:
1. When the offender’s obligation to
comply is subject to a period, and
2. When the accused cannot be located
despite due diligence.
Estafa
The offender receives
the thing from the
offended party.
The offender acquires
also the juridical
possession of the
thing and the offender
misappropriates it
Note: If an object was received to be sold,
but instead it was pledged, estafa is
committed.
If an object was to be pledged, but instead
it was sold, theft is committed.
Estafa
Malversation
Offenders are entrusted with funds or property
Considered as continuing offenses
The funds or property Usually public funds
are private
or property
Offender is a private Offender
who
is
individual or even a usually a public officer
public officer who is is accountable for
not accountable for public
funds
or
public
funds
or property
property.
There is no estafa Malversation can be
through negligence
committed
through
abandonment
or
negligence
Crime is committed
by misappropriating,
converting or denying
having
received
money, goods, or
other
personal
property
Crime is committed
by
appropriating
taking
or
misappropriating
or
consenting,
or
through abandonment
or
negligence,
permitting any other
person to take the
public
funds
or
property
169
CRIMINAL LAW
BOOK TWO
C. Estafa by taking undue advantage
of the signature in blank (Article
315, No. 1-C)
Elements:
1. That the paper with the signature
of the offended party be in blank;
2. That the offended party should
have delivered it to the offender;
3. That above the signature of the
offended party a document is
written by the offender without
authority to do so;
4. That the document so written
creates a liability of, or causes
damage to the offended party or
any third person.
Illegal Recruitment – Any act of
canvassing, enlisting, hiring, or procuring
workers,
including
referring
contract
services, promising or advertising for
employment abroad, whether for profit or
not, when undertaken by a non-licensee or
non-holder of authority.
Note: If the paper with the signature in
blank is stolen the crime is falsification
of documents by making it appear that
he participated in a transaction when
in fact he did not.
Any such non-licensee or non-holder of
authority who, for a fee, offers and promises
employment abroad to two or more persons
shall be deemed so engaged in illegal
recruitment.
II. Estafa by Means of Deceit (Article 315,
No. 2)
Elements:
1. That there must be false pretense,
fraudulent act or fraudulent means;
2. That such false pretense, act or
fraudulent means must be made or
executed prior to or simultaneously
with the commission of fraud.
3. That the offended party must have
relied on the false pretense, fraudulent
act, or fraudulent means, that is, he
was induced to part with his money or
property because of fraudulent means;
4. That as a result thereof, the offended
party suffered damage.


There is no deceit if the complainant
was aware of the fictitious nature of the
pretense.
It is indispensable that the element of
deceit, consisting in the false statement
or fraudulent representation of the
accused, be made prior to, or at least
simultaneously with, the delivery of the
thing by the complainant, it being
essential that such false statement or
fraudulent representation constitutes
the very cause or the only motive which
induces the complainant to part with
the thing.
Ways of commission:
A. Art. 315 No. 2 (A):
1. By using a fictitious name.
2. By falsely pretending to possess
170
(a) power, (b) influence, (c)
qualifications, (d) property, (e)
credit, (f) agency, (g) business or
imaginary transactions.
3. By means of other similar deceits.
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042)
Economic Sabotage:
1. Illegal recruitment by syndicate –
committed by a group of three (3) or
more
persons
conspiring
or
confederating with one another.
2. Large Scale Illegal Recruitment –
committed against three (3) or more
persons.


Penalty for Illegal Recruitment involving
economic sabotage is punishable by life
imprisonment and fine of P500,000 to
P1,000,000.
In People v. Calonzo (G.R. Nos. 11515055, Sept. 27, 1996), The SC reiterated
the rule that a person convicted for illegal
recruitment under the Labor Code, as
amended, can be convicted for estafa,
under Art 315 (par. 2), if the elements of
the crime are present.
B.
Art. 315 No. 2 (B)
By altering, the quality, fineness or
weight of anything pertaining to his
business
C.
Art. 315 No. 2 (C)
By pretending to have bribed any
Government employee
 The accused, by pretending to
have
bribed
a
government
employee, can be held further
liable for such calumny in a
criminal action for either slander or
libel depending on how he
recounted the supposed bribery.
 However, the crime committed is
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
corruption of public officer if the
money was indeed given
same reason had not the drawer,
without any valid reason, ordered the
bank to stop payment.
D. Art. 315 No. 2 (D)
Elements:
1. That the offender postdated a
check, OR issued a check in
payment of an obligation
2. That such postdating or issuing a
check was done when the
offender had no funds in the bank,
or his funds deposited therein
were not sufficient to cover the
amount of the check





The issuance by the offender of the
check (whether postdated or not),
prior to or simultaneous with the
transaction, must be for the purpose of
contracting the obligation, otherwise if
the check is issued in payment of a
preexisting obligation, no estafa is
committed only a civil liability.
If the check was issued by the debtor
only for security of the creditor, as in
the nature of promissory notes but not
to be encashed, no estafa will be
involved.
Good faith is a defense in a charge of
estafa by postdating or issuing a
check. (People v. Villapando, 56 Phil
31)
Estafa by issuing a bad check is a
continuing offense
There is prima facie evidence of deceit
when the drawer fails to pay or make
arrangement for payment three (3)
days after receiving notice of dishonor.
BOUNCING CHECKS LAW
(B.P. Blg. 22)
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check
knowing at the time of issue that he does
not have sufficient funds.
Elements:
1. That a person makes or draws and
issues any check to apply on account
or for value.
2. That the person knows that at the time
of issue he does not have sufficient
funds or credit with the drawee bank
for the payment of such check upon its
presentment
3. That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
Requisites for Criminal Liability under
BP 22
1. A person makes, draws or issues a
check as payment for account or for
value.
2. That the check was dishonored by the
bank due to a lack of funds,
insufficiency of funds or account
already closed.
3. The payee or holder of such check
gives a written notice of dishonor and
demand for payment.
4. That the maker, drawer or issuer, after
receiving such notice and demand,
refuses or fails to pay the value of the
check within FIVE BANKING DAYS.

It is not the making, drawing, or
issuance, nor the dishonor of the
check which gives rise to a violation of
BP 22, but rather the failure to make
good the check within FIVE BANKING
DAYS from receipt of the Notice of
Dishonor and Demand for Payment.
Take Note: While the written notice of
dishonor and demand is not an element in
the violation of BP 22, the failure to give
such notice to the maker, drawer or issuer
of the bouncing check is FATAL to an
action to hold the latter criminally liable.
The full payment of the amount appearing
in the check within five banking days from
notice of dishonor is a "complete defense"
against BP 22 The absence of a notice of
dishonor necessarily deprives an accused
an opportunity to preclude criminal
prosecution. Accordingly, procedural due
process clearly enjoins that a notice of
dishonor be actually served on the maker,
drawer or issuer of the check. He has a
right to demand that the notice of dishonor
be actually sent to and received by him to
afford him the opportunity to avert
prosecution under B.P. 22. (Lina Lim Lao
v. People, G.R. No. 119178, June 20,
1997)
B. Failing to keep sufficient funds to cover
the full amount of the check.
Elements:
1. That a person has sufficient funds with
the drawee bank when he makes or
draws and issues a check
2. That he fails to keep sufficient funds or
171
CRIMINAL LAW
BOOK TWO
to maintain a credit to cover the full
amount if presented within a period of
90 days from the date of appearing
thereon.
3. That the check is dishonored by the
drawee bank
does not delete the penalty of
imprisonment, for should the judge
decide that imprisonment is the more
appropriate penalty; the circular ought
not to be a hindrance.

Take Note: The 90 day period stated
above is NOT an element of the violation
of BP 22 by failing to keep sufficient funds.
As such, the maker, drawer or issuer of
the check is not discharged from his duty
to maintain a sufficient balance in his
account for a reasonable time even
beyond the 90 day period. A “reasonable
time” according to current banking practice
is 6 months or 180 days, after which the
check becomes stale.
Thus, where a check is presented beyond
the 90 day period, but within 180 days
from the date indicated therein, and it is
dishonored due to a failure to maintain a
sufficient balance, the maker, drawer or
issuer shall still be liable for violation of BP
22.
(Wong v. CA, GR No. 117857,
February 2, 2001).
Gravamen of BP 22 is the issuance of a
worthless or bum check.
Evidence of Knowledge of Insufficient
Funds:
 Refusal of drawee bank to pay the
check due to insufficiency of funds
when presented within 90 days from
the date of the check shall be prima
facie knowledge of insufficiency of
funds, unless the drawer or maker
pays the holder the amount due
thereon or makes arrangements for
the payment thereof by the drawee
within five (5) banking days after
receipt of notice that the check was
dishonored.
Under SC Administrative Circular
12-2000, as clarified by A.C. 132001:
Where the circumstances of both the
offense and the offender clearly
indicate good faith or a clear mistake
of fact without taint of intelligence, the
imposition of fine alone should be
considered as the more appropriate
penalty.
The Administrative Circular merely
lays down a RULE OF PREFERENCE
in the application of the penalties
provided for in B.P. 22. The circular
172
Prosecution under BP 22 shall be
without prejudice to any liability for any
violation in the RPC.
The fine under BP 22 is based on the
amount of the check and is without
regard to the amount of damage
caused.
The accused will be liable for the
dishonor of the check even if it was
issued in payment of a preexisting
legal obligation as he issued that
check “to apply on account.”
BP 22
Endorser
liable
is
Estafa (RPC)
not
Endorser who acted
with deceit knowing
that the check is
worthless will be
criminally liable
Malum prohibitum
Issuance of check
is for value or on
account
Malum in se
It is the means to
obtain the valuable
consideration from
the payee (debt is
not preexisting)
Deceit and damage
are not elements of
the
crime;
the
gravamen of the
offense
is
the
issuance of the
unfunded check
False pretenses or
deceit and damage,
or at least intent to
cause damage, are
essential and the
false
pretenses
must be prior to or
simultaneous with
the damage caused
The drawer is given
5
days
after
receiving notice of
dishonor
within
which to pay or
make arrangements
for payment
Given 3 days after
receiving notice of
dishonor
That there are no
funds
or
no
sufficient funds at
the time of issuance
or at the time of
presentment
if
made within 90
days
That there are no
funds or there are
insufficient funds at
the time of issuance
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
BP 22
Estafa (RPC)
The
maker
or
drawer and issuer
knows at the time of
issue that he does
not have sufficient
fund in or credit with
the drawee bank for
the payment of the
check in full
Not necessary that
the drawer should
know at the time
that he issued the
check that the funds
deposited in the
bank
were
not
sufficient to cover
the amount of the
check
No presumption of
knowledge arises
Mere issuance of a
check
that
is
dishonored
gives
rise
to
the
presumption
of
knowledge
of
insufficiency
of
funds
E. Art. 315, No. 2(E)
1. By obtaining food, refreshment or
accommodation at hotel, inn,
restaurant,
boarding
house,
lodging house or apartment house
without paying thereof, with intent
to defraud the proprietor or
manager thereof
2. By obtaining credit at any of the
said establishments by the use of
any false pretense
3. By abandoning or surreptitiously
removing any part of his baggage
from any of the said establishment
after obtaining credit, food,
refreshment or accommodation
therein, without paying therefor.
III. Estafa Through the Following Means
A. Estafa by inducing another to sign
any document (Article 315 No. 3A)
Elements:
1. That the offender induced the
offended party to sign a document;
2. That deceit be employed to make
him sign the document;
3. That the offended party personally
signed the document;
4. That prejudice be caused.
Note: If offended party willingly signed
the document and there was deceit as
to the character or contents of the
document, the crime committed is
falsification. BUT where the accused
made representation as to mislead the
complainant as to the character of the
documents, it is considered estafa.
B. Estafa by resorting to some
fraudulent
practice
to
insure
success in gambling (Article 315
No. 3B)
C. Estafa by removing, concealing or
destroying documents (Article 315
No. 3C)
Elements:
1. That there be court record, office
files, documents or any other
papers;
2. That the offender removed,
concealed or destroyed any of
them;
3. That the offender had intent to
defraud another.
Infidelity in
Custody of
Document
(Art. 226)
Estafa
(Art. 315 C)
Same manner of committing the crime
Offender is a public The offender is a
officer
who
is private individual or
officially
entrusted public officer who is
with the document.
not
officially
entrusted with the
documents
Intent to defraud is There is intent to
not necessary.
defraud.

If there is no intent to defraud, the
crime committed is malicious
mischief.
ARTICLE 316
OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the
owner of any real property, shall convey,
sell, encumber or mortgage the same.
Elements:
a. That the thing be immovable, such as
a parcel of land or a building; (property
must actually exist)
b. That the offender who is not the owner
of said property should represent that
he is the owner thereof;
c. That the offender should have
executed an act of ownership (selling,
leasing, encumbering or mortgaging
the real property);
d. That the act be made to the prejudice
of the owner or a third person.
173
CRIMINAL LAW
BOOK TWO
Note: If the thing is not existing, the crime
is estafa by means of false pretenses
under Article 315 (2a).
becomes solutio indebiti, with the civil
obligation to return the wrong
payment.
2. Any person who, knowing that real
property is encumbered, shall dispose of
the same, although such encumbrance be
not recorded.
6. Any person who shall sell, mortgage or
encumber real property with which the
offender guaranteed the fulfillment of his
obligation as surety.
Elements:
a. That the thing disposed of be real
property.
b. That the offender knew that the real
property was encumbered, whether
the encumbrance is recorded or not.
(principle of constructive notice does
not apply)
c. That
there
must
be
express
representation by the offender that the
real
property
is
free
from
encumbrance.
d. That the act of disposing of the real
property be made to the damage of
another.
Elements:
a. That the offender is a surety in a bond
given in a criminal or civil action;
b. That he guaranteed the fulfillment of
such obligation with his real property
or properties;
c. That he sells, mortgages, or, in any
manner encumbers said real property;
d. That such sale, mortgage or
encumbrance is (1) without express
authority from the court, or (2) made
before the cancellation of his bond, or
(3) before being relieved from the
obligation contracted by him.
Note: If the thing is a personalty, Article
319 applies.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
Elements:
a. That the offender is the owner of
personal property;
b. That said personal property is in the
lawful possession of another;
c. That the offender wrongfully takes it
from its lawful possessor; (if from
unlawful possessor, Article 429 of the
Civil Code applies)
d. That prejudice is thereby caused to
the possessor or third person.
Note: The crime will still be estafa even if
the owner takes the personalty from the
lawful possessor under the modes of
taking in theft or robbery which latter
crimes cannot be committed by the owner
on his property (Regalado).
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation for services not rendered or
for labor not performed.
 This act requires fraud as an essential
element. If there is no fraud, it only
174
ARTICLE 317
SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor;
2. That he induces such minor to assume an
obligation, or to give release, or to execute
a transfer of any property right;
3. That the consideration is some loan of
money, credit, or other personal property;
(if real property, Article 318 applies; minor
cannot convey real property without
judicial authority)
4. That the transaction is to the detriment of
such minor.
ARTICLE 318
OTHER DECEITS
1. By defrauding or damaging another by any
other deceit not mentioned in the
preceding articles.
2. By interpreting dreams, by making
forecasts telling fortunes, by taking
advantage of the credulity of the public in
any other manner, for profit or gain.
REPUBLIC ACT NO. 8484
ACCESS DEVICES REGULATION ACT OF
1998
Definition of terms. For purposes of this Act,
the terms:
1. Access Device - any card, plate, code,
account number, electronic serial number,
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
personal identification number, or other
telecommunications service, equipment, or
instrumental identifier, or other means of
account access that can be used to obtain
money, good, services, or any other thing
of value or to initiate a transfer of funds
(other than a transfer originated solely by
paper instrument);
2. Counterfeit Access Device - any access
device that is counterfeit, fictitious, altered,
or forged, or an identifiable component of
an access device or counterfeit access
device;
3. Unauthorized Access Device - any
access device that is stolen, lost, expired,
revoked,
canceled,
suspended,
or
obtained with intent to defraud;
4. Access Device Fraudulently Applied for
- any access device that was applied for or
issued on account of the use of falsified
document, false information, fictitious
identities and addresses, or any form of
false pretense or misrepresentation;
5. Consumer - a natural person;
6. Credit Card - any card, plate, coupon
book, or other credit device existing for the
purpose of obtaining money, goods,
property, labor or services or any thing of
value on credit;
7. Device Making or Altering Equipment any equipment, mechanism or impression
designed or primarily used for making or
altering or reencoding an access device or
a counterfeit access device;
8. Finance Charges - represent the amount
to be paid by the debtor incident to the
extension of credit such as interest or
discounts,
collection
fees,
credit
investigation fees, and other service
charges;
9. Open-end-credit plan - a consumer credit
extended on an account pursuant to a plan
under which:
a. The creditor may permit the person to
make purchase or obtain loans, from
time to time, directly from the creditor
or indirectly by use of credit card, or
other service;
b. The person has the privilege of paying
the balance; or
c. A finance charge may be computed by
the creditor from time to time on an
unpaid balance.
10. Penalty Charges - such amount, in
addition to interest, imposed on the credit
card holder for non-payment of an account
within a prescribed period;
11. Produce - includes design, alter,
authenticate, duplicate or assemble; and
12. Trafficking - transferring, or otherwise
disposing of, to another, or obtaining
control of, with intent to transfer or dispose
of.
Prohibited Acts (Section 9)
The following acts shall constitute access
device fraud and are hereby declared to be
unlawful:
1. Producing, using, trafficking in one or
more counterfeit access devices;
2. Trafficking in one or more unauthorized
access devices or access devices
fraudulently applied for;
3. Using, with intent to defraud, an
unauthorized access device;
4. Using an access device fraudulently
applied for;
5. Possessing one or more counterfeit
access devices or access devices
fraudulently applied for;
6. Producing, trafficking in, having control or
custody of, or possessing device-making
or altering equipment without being in the
business or employment, which lawfully
deals with the manufacture, issuance, or
distribution of such equipment;
7. Inducing, enticing, permitting or in any
manner allowing another, for consideration
or otherwise to produce, use, traffic in
counterfeit access devices, unauthorized
access devices or access devices
fraudulently applied for;
8. Multiple imprinting on more than one
transaction record, sales slip or similar
document, thereby making it appear that
the device holder has entered into a
transaction other than those which said
device holder had lawfully contracted for,
or submitting, without being an affiliated
merchant, an order to collect from the
issuer of the access device, such extra
sales slip through an affiliated merchant
who connives therewith, or, under false
pretenses of being an affiliated merchant,
present for collection such sales slips, and
similar documents;
9. Disclosing any information imprinted on
the access device, such as, but not limited
to, the account number or name or
address of the device holder, without the
latter's authority or permission;
10. Obtaining money or anything of value
175
CRIMINAL LAW
BOOK TWO
through the use of an access device, with
intent to defraud or with intent to gain and
fleeing thereafter;
11. Having in one's possession, without
authority from the owner of the access
device or the access device company, an
access device, or any material, such as
slips, carbon paper, or any other medium,
on which the access device is written,
printed, embossed, or otherwise indicated;
12. Writing or causing to be written on sales
slips, approval numbers from the issuer of
the access device of the fact of approval,
where in fact no such approval was given,
or where, if given, what is written is
deliberately different from the approval
actually given;
13. Making any alteration, without the access
device holder's authority, of any amount or
other information written on the sales slip;
14. Effecting transaction, with one or more
access devices issued to another person
or persons, to receive payment or any
other thing of value;
15. Without the authorization of the issuer of
the access device, soliciting a person for
the purpose of:
a. Offering an access device; or
b. Selling information regarding or an
application to obtain an access device;
or
16. Without the authorization of the credit card
system member or its agent, causing or
arranging for another person to present to
the member or its agent, for payment, one
or more evidence or records of
transactions made by credit card.
 Conspiracy to commit access device
fraud. (Section 11) is punishable
under this code.
 Frustrated and attempted access
device fraud (Section 12) is also
punishable.
Accessory to access device fraud (Section
13) Any person who, with intent to gain for
himself or for another, buy, receives,
possesses, keeps, acquires, conceals, sells,
or disposes of, shall buy and sell, or in any
manner deal in any article, item, object or
anything of value which he knows or should be
known to him, to have been acquired through
the use of counterfeit access device or an
unauthorized access device or an access
device known to him to have been fraudulently
applied for, shall be considered as an
accessory to an access device Said person
shall be prosecuted under this Act or under
the Anti-Fencing Law of 1979 (Presidential
Decree No. 1612) whichever imposes the
176
longer prison term as
consummated offense.
penalty
for
the
Presumption and prima facie evidence of
intent to defraud (Section 14)
 The mere possession, control or custody
of:
a. An access device, without permission
of the owner or without any lawful
authority;
b. A counterfeit access device;
c. Access device fraudulently applied for;
d. Any
device-making
or
altering
equipment by any person whose
business or employment does not
lawfully deal with the manufacture,
issuance, or distribution of access
device;
e. An access device or medium on which
an access device is written, not in the
ordinary course of the possessor's
trade or business; or
f. A genuine access device, not in the
name of the possessor, or not in the
ordinary course of the possessor's
trade or business, shall be prima facie
evidence that such device or
equipment is intended to be used to
defraud.

A cardholder who abandons or
surreptitiously leaves the place of
employment, business or residence
stated in his application or credit card,
without informing the credit card
company of the place where he could
actually be found, if at the time of such
abandonment or surreptitious leaving,
the outstanding and unpaid balance is
past due for at least ninety (90) days
and is more than Ten thousand pesos
(P10,000.00), shall be prima facie
presumed to have used his credit card
with intent to defraud.
CHAPTER SEVEN: CHATTEL MORTGAGE
(ARTS. 319)
ARTICLE 319
REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY
Acts punishable:
A. By knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city other
than the one in which it is located at the
time of execution of the mortgage, without
the written consent of the mortgagee or his
executors, administrators or assigns.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
Removal of Mortgaged Property
Elements:
1. That personal property is mortgaged
under Chattel Mortgage Law;
2. That the offender knows that such
property is so mortgaged;
3. That he removes such mortgaged
personal property to any province or
city other than the one in which it was
located at the time of the execution of
the mortgage;
4. That the removal is permanent;
5. That there is no written consent of
mortgagee, executors, administrators,
or assigns to such removal.

The removal of the mortgaged
personal property must be coupled
with intent to defraud.

A third person, other than
mortgagor, may be held liable


Art. 319
Art. 316
(Par. 2)
The property involved is
real property.
To constitute estafa, it is
sufficient that the real
mortgaged be sold as
free, even though the
vendor
may
have
obtained the consent of
the mortgagee in writing.
The property involved is
personal property.
Selling or pledging of
personal
property
already
pledged
or
mortgaged is committed
by the mere failure to
obtain the consent of the
mortgagee in writing,
even if the offender
should
inform
the
purchaser that the thing
sold is mortgaged.
The purpose of the law The purpose is to
is
to
protect
the protect the purchaser,
mortgagee.
whether the first or the
second.
the
If the mortgagee elected to file a suit
for collection, not foreclosure, thereby
abandoning the mortgage as basis for
relief, the removal of the property is
not a violation of par 1 of Art 319.
Chattel mortgage must be valid and
subsisting.
B. By selling or pledging personal property
already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of
the register of deeds of the province where
such property is located.
Sale or Pledge of Mortgaged Property
Elements:
1. Personal property is pledged under
Chattel Mortgage Law;
2. Offender, who is the mortgagor, sells
or pledges the same property or any
part thereof;
3. No consent of mortgagee written on
the back of the mortgage and noted
on the record thereof in the Office of
the Register of Deeds.

Art. 319 Distinguished from Estafa (Art.
316) by Disposing of Encumbered Property
Damage to the mortgagee is not
essential.
CHAPTER EIGHT: ARSON AND OTHER
CRIMES INVOLVING DESTRUCTIONS
(ARTS. 320-326B)
ARTICLE 320-326-B
REPEALED BY PD 1613
PD 1613-AMENDING THE LAW ON
ARSON
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended
by RA No. 7659)
3. Other cases of arson (Sec. 3, PD No.
1613)
Arson – when any person burns or sets fire to
the property of another, or his own property
under circumstance which expose to danger
the life or property of another. (Sec. 1, PD
1613)
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burnings,
committed on several or different
occasions.
2. Any building of public or private
ownership, devoted to the public in
general or where people usually gather or
congregate for a definite purpose such as,
but not limited to, official governmental
function or business, private transaction,
commerce, trade workshop, meetings and
conferences, or merely incidental to a
definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyances or stops or terminals,
177
CRIMINAL LAW
BOOK TWO
regardless of whether the offender had
knowledge that there are persons in said
building or edifice at the time it is set on
fire and regardless also of whether the
building is actually inhabited or not.
3. Any train or locomotive, ship or vessel,
airship
or
airplane,
devoted
to
transportation or conveyance, or for public
use, entertainment or leisure.
4. Any
building,
factory,
warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
5. Any building the burning of which is for the
purpose of concealing or destroying
evidence of another violation of law, or for
the purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
There is also Destructive Arson: (Art. 320,
RPC)
1. When the arson is committed by 2 or more
persons, regardless of whether their
purpose is merely to burn or destroy the
building or the burning merely constitutes
an overt act in the commission of another
violation of the law
2. When any person shall burn:
Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or general
museum of the Government.
In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
Other cases of Arson: (Sec. 3, PD 1613)
Burning of:
1. Any building used as offices of the
Government or any of its agencies.
2. Any inhabited house or dwelling.
3. Any industrial establishment, shipyard, oil,
well or mine shaft, platform or tunnel.
4. Any plantation, farm, pasture land,
growing crop or grain field, orchard,
bamboo grove or forest.
5. Any rice mill, sugar mill, cane mill, or mill
central.
6. Any railway or bus station, airport, wharf,
or warehouse.
Special Aggravating Circumstance on
Arson (Sec. 4, PD 1613):
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender be motivated by spite or
hatred towards the owner or occupant of
the property burned.
4. If committed by a syndicate - planned or
carried out by three or more persons
178
Prima facie evidence of Arson (Sec. 6, PD
1613):
1. If the fire started simultaneously in more
than one part of the building or
establishment.
2. If substantial amount of flammable
substances or materials are stored within
the building not of the offender nor for the
household.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance
designed to start a fire, or ashes or traces
of any of the foregoing are found in the
ruins or premises of the burned building or
property.
4. If the building or property is insured for
substantially more than its actual value at
the time of the issuance of the policy.
5. If during the lifetime of the corresponding
fire insurance more than two fires have
occurred in the same or other premises
owned or under the control of the offender
and /or insured.
6. If shortly before the fire, a substantial
portion of the effects insured and stored in
a building or property had been withdrawn
from the premises except in the ordinary
course of business.
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the
offender or for the safety of the person or
property of the victim.


Conspiracy to commit arson is punished.
(Sec. 7, PD 1613)
The object of arson including the land on
which it is situated shall be confiscated
and escheated to the State. (Sec. 8, PD
1613)
Attempted, frustrated or consummated
arson:
1. A person, intending to burn a wooden
structure, collects some rags, soaks them
in gasoline and places them beside the
wooden wall of the building. When he is
about to light a match to set fire to the
rags, he is discovered by another who
chases him away.
 The crime committed is attempted
arson,
because
the
offender
commences the commission of the
crime directly by overt acts (placing
the rags soaked in gasoline beside the
wooden wall of the building and
lighting a match) but he does not
perform all the acts of execution (the
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
setting of fire to the rags) due to the
timely intervention of another who
chases away the offender.
If that person is able to light or set fire
to the rags but the fire was put out
before any part of the building was
burned, it is frustrated.
But if before the fire was put out, it had
burned a part of the building, it is
consummated.

2. Any charring of the wood of a building,
whereby the fiber of the wood is
destroyed, is sufficient. It is necessary that
the wood should be ablazed.
 And the mere fact that a building is
scorched or discolored by heat is not
sufficient to constitute consummated
arson.



3. Setting fire to the contents of a building
constitutes the consummated crime of
setting fire of a building, even if no part of
the building was burned.
 The offense is committed by a
syndicate if it is planned or carried out
by a group of three or more persons.
 If a part of the building commences to
burn, the crime is consummated
arson, however small is the portion
burned.
 When there is fire, the crime
committed is either frustrated (e.g. set
fire to the blankets but fire was put out
before any part of the building was
burned) or consummated arson, never
attempted.
 There is no complex crime of arson
with homicide. The crime of homicide
is absorbed.
CHAPTER NINE: MALICIOUS MISCHIEF
(ARTS. 327-331)
Malicious Mischief – is the willful damaging
of another’s property for the sake of causing
damage due to hate, revenge or other evil
motive.
ARTICLE 327
MALICIOUS MISCHIEF
Elements:
1. That the offender deliberately caused
damage to the property of another;
2. That such act does not constitute arson or
other crimes involving destruction;
3. That the act of damaging another’s
property be committed merely for the sake
of damaging it.


This third element presupposes that the
offender acted due to hate, revenge or
other evil motive. This crime cannot be
committed thru reckless imprudence or
thru violence in the course of a fight.
If there is no malice in causing the
damage, the obligation is only civil.
Damage means not only loss but also a
diminution of what is a man’s own. Thus,
damage to another’s house includes
defacing it.
Malicious mischief does not necessarily
include moral turpitude.
 It is theft when there is intent to gain
as when the offender removes or makes
use of the fruits or objects of the damage.
(Art 308, par 2)
ARTICLE 328
SPECIAL CASES OF MALICIOUS
MISCHIEF
1. Causing damage to obstruct the
performance of public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion
among cattle;
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public.
 These are called qualified malicious
mischief.
 The mischief mentioned in the first clause
(no. 1) is to be distinguished from sedition
(Art. 139), in that the element of public
uprising and tumultuous uprising is not
present in this crime.
ARTICLE 329
OTHER MISCHIEFS
Mischiefs not included in the next preceding
article and are punished according to the value
of damage caused.
ARTICLE 330
DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION
Person liable: Any person who shall damage
any railway, telegraph or telephone lines.
Qualifying circumstance: Damage shall
result in the derailment of cars, collision or
other accident.
Art. 330 does not apply when the telegraph or
telephone do not pertain to railways.
179
CRIMINAL LAW
BOOK TWO
ARTICLE 331
DESTROYING OR DAMAGING STATUES,
PUBLIC MONUMENTS OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage
statues or any other useful or ornamental
public monuments.
2. Any person who shall destroy or damage
any useful or ornamental painting of a
public nature.
CHAPTER TEN: EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY (ART. 332)
ARTICLE 332
PERSON EXEMPT FROM CRIMINAL
LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, or
relatives by affinity on the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have
passed to the possession of another.
3. Brothers and sisters and brothers in law
and sisters in law, if living together.
4. Stepfather,
adopted
father,
natural
children, concubine, paramour included as
ascendants by affinity.
Also applies to common-law spouses.
No criminal liability but only civil liability shall
result from the commission of any of the said
crime.
The exemption does not apply to strangers
participating in the commission of the crime.
The exemption does not apply if the crimes of
theft, swindling and malicious mischief are
complexed with another crime.
TITLE ELEVEN:
CRIMES AGAINST CHASTITY
Crimes against chastity are also referred to as
private crimes, or crimes which cannot be
prosecuted de officio, because of the
requirement that the prosecution thereof be
upon a sworn written complaint of the offended
party or certain persons authorized by law.
180
The crimes against chastity which cannot
be prosecuted de officio are:
a. Adultery (Art. 333)
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without
consent (Arts. 336, 339)
d. Seduction whether qualified or simple
(Arts. 337, 338), and
e. Abduction which may be forcible or
consented (Arts. 342, 343)
But corruption of minors (Art. 340) and white
slave trade (Art. 341) can be prosecuted de
officio.
CHAPTER ONE: ADULTERY AND
CONCUBINAGE (ARTS. 333-334)
ARTICLE 333
ADULTERY
Who are liable?
1. The married woman who engages in
sexual intercourse with a man not her
husband.
2. The man who, knowing of the marriage of
the woman, has sexual intercourse with
her.
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a
man not her husband;
3. That as regards the man with whom she
has sexual intercourse, he must know her
to be married.
 Adultery is committed even if the
marriage is subsequently declared
void.
 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.
 Each occasion of sexual intercourse
constitutes a crime of adultery.
 The criminal liability is mitigated when
adultery
is
committed
while
abandoned
by
spouse
without
justification
 There is no crime of frustrated
adultery.
 Acquittal of one of the defendants will
not automatically acquit the other.
 Abandonment without justification is
not exempting circumstance but is
merely mitigating.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

Scandal consists in any reprehensible
word or deed that offends public
conscience, redounds to the detriment of
the feelings of honest persons, and gives
occasion to the neighbor’s spiritual
damage or ruin.
A married man who does not know of
the married status of the woman may
be liable for concubinage, if he
appears to be guilty of any of the acts
defined in Art. 334.
Requirements of pardon:
1. Must come before the institution of the
criminal prosecution;
2. Both offenders must be pardoned.
There is an implied pardon:
Act of intercourse with offending spouse
subsequent to the adulterous conduct


Cohabit means to dwell together, in the
manner of husband and wife, for some
period of time, as distinguished from
occasional transient interviews for unlawful
intercourse.

When there is consent, whether implied or
expressed, of the husband, he cannot
institute a criminal complaint for adultery.
Under the law there can be no accomplice
in the crime of adultery, although in fact
there can be such an accomplice.
Reason:
Because
adultery
makes
possible the introduction of another man’s
blood into the family so that the offended
husband may have another man’s son
bearing his (husband’s) name and
receiving support from him.
Recrimination – husband’s illicit relationship
does not absolve but may mitigate wife’s
liability for adultery.
Art. 335 has been repealed by RA No.
8353 (Anti-Rape Law of 1997) effective
Oct. 22, 1997. Provisions on Rape are
found in Arts. 266-A to 266-D under
Crimes
Against
Persons.
ARTICLE 334
CONCUBINAGE
CHAPTER TWO: ACTS OF
LASCIVIOUSNESS (ART. 336)
Who are liable?
1. The married man
2. The woman who knew that the man was
married.
Elements:
1. That the man must be married;
2. That he committed any of the following
acts:
a. Keeping a mistress in the conjugal
dwelling (mistress must live therein as
such);
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife (proof of
actual sexual relations not required as
long as it can be inferred);
c. Cohabiting with her in any other place
(as husband and wife);
3. As regards to the woman, she must know
him to be married.

Conjugal dwelling means the home of the
husband and wife even if the wife happens
to be temporarily absent on any account.

Scandalous
circumstances
are
not
necessary to make a husband guilty of
concubinage by keeping a mistress in the
conjugal dwelling.
Adultery is more severely punished than
concubinage.
ARTICLE 336
ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of
lasciviousness or lewdness;
2. That the act of lasciviousness is
committed against a person of either sex;
3. That it is done under any of the following
circumstances:
a. By using force or intimidation
b. When the offended party is deprived
of reason or otherwise unconscious
c. By means of fraudulent machination or
grave abuse of authority
d. When the offended party is under 12
years of age or is demented.

The crime is unjust vexation in the
absence of any of the above-mentioned
circumstances (circumstances of rape).
Attempted Rape
Acts of Lasciviousness
The acts performed by There is no intent to have
offender clearly indicate sexual intercourse.
that his purpose was to
lie with the offended
woman, it is attempted.
181
CRIMINAL LAW
BOOK TWO
Attempted Rape
Acts of Lasciviousness
The lascivious acts are The lascivious acts are
but the preparatory acts the final objective sought
to the commission of by the offender.
rape.
Manner of commission is the same.
The performance of lascivious character is common
to both.

What constitutes lewd or lascivious
conduct must be determined from the
circumstances of each case. The
presence or absence of the lewd designs
is inferred from the nature of the acts
themselves
and
the
environmental
circumstances.
There can be no attempted and frustrated
acts of lasciviousness.
In People v. Jalosjos (GR No. 132876279, Nov. 16, 2001), the SC adopted the
definition of “lascivious conduct” in Sec.
32, Art. XIII of the Implementing Rules and
Regulations of RA 7610, which reads as
follows:
 “The intentional touching, either
directly or through clothing, of the
genitalia, anus, groin, breast, inner
thigh or buttocks; or the introduction of
any object into the genitalia, anus or
mouth of any person, whether of the
same or opposite sex, with an intent to
abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of
any person; bestiality, masturbation,
lascivious exhibition of the genitals or
pubic area of a person.”


CHAPTER THREE: SEDUCTION,
CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE (ARTS. 337-341)
ARTICLE 337
QUALIFIED SEDUCTION
Two classes:
1. Seduction of a virgin over 12 years
and under 18 years of age by persons
who abuse their authority or the
confidence reposed.
2. Seduction of a sister by her brother or
descendant
by
her
ascendant,
regardless of her age and reputation.
Elements:
1. That the offended party is a virgin;
2. She must be over 12 and under 18 years
of age;
3. That the offender had sexual intercourse
with her;
182
4. That there is abuse of authority,
confidence or relationship on the part of
the offender.
Virgin – refers to a woman of chaste character
or a woman of good reputation. Virginity in this
sense does NOT mean physical virginity.
 Virginity is presumed if the woman is
unmarried and of good reputation.
The following are the OFFENDERS:
1. Those who abused their authority:
a. Persons in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced
2. Those who abused confidence reposed in
them:
e. Priest
f. House servant
g. Domestic
3. Those who abused their relationship:
h. Brother who seduced his sister
i. Ascendant
who
seduced
his
descendant
j. A “domestic” is different from a house
servant, it means any person living
under the same roof as a member of
the same household, and includes
boarders or house-guests but not
transients or visitors.
k. The fact that the girl gave her consent
to the sexual intercourse is no
defense. In the same way, lack of
consent of the girl is not an element of
the offense.
l. The seduction of a sister or
descendant is known as incest.
Virginity of the sister or descendant is
not required and she may be over 18
years of age. Relationship must be by
consanguinity. The relationship need
not be legitimate.
ARTICLE 338
SIMPLE SEDUCTION
Elements:
1. That the offended party is over 12 and
under 18 years of age;
2. That she must be of good reputation,
single or widow;
3. That the offender has sexual intercourse
with her;
4. That it is committed by means of deceit.

Deceit
generally
takes
the
form
of
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS


unfulfilled promise of marriage.
It is not required in simple seduction that
the victim be a virgin.
The gist of qualified seduction is the abuse
of authority, confidence, or relationship as
the means of committing the crime. In
simple seduction, it is the use of deceit.
But in both kinds of seduction, there must
be sexual intercourse.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
Elements:
1. That the offender commits acts of
lasciviousness or lewdness;
2. That the acts are committed upon a
woman who is a virgin or single or a widow
of good reputation, under 18 years of age
but over 12 years, or a sister or
descendant regardless of her reputation or
age;
3. That the offender accomplishes the acts
by abuse of authority, confidence,
relationship or deceit.
in a work,
environment.
education
or
training-related
Prohibited acts:
Demanding, requesting, or otherwise requiring
any sexual favor from the other, regardless of
whether the demand, request, or requirement
is accepted by the object of the act.
ARTICLE 340
CORRUPTION OF MINORS
(AS AMENDED BY BP 92)
Prohibited acts – to promote or facilitate the
prostitution or corruption of persons under age
to satisfy the lust of another.
 Under age means under 18 years of age.
 The victim must be of good reputation and
not a prostitute or corrupted person.
 It is not necessary that the unchaste acts
shall have been done since what is being
punished is mere act of promotion or
facilitation.
Art. 336
Art. 339
Special Protection of Children Against
Child Abuse Act (R.A. 7610) – Child
prostitution and attempt to commit child
prostitution are punished under this Act.
The acts are committed
under
circumstances
which, had there been
carnal
knowledge,
would amount to rape
The
acts
of
lasciviousness
are
committed under the
circumstances
which,
had there been carnal
knowledge,
would
amount
to
either
qualified seduction or
simple seduction
Sec. 5. Child Prostitution and other Sexual
Abuse – Children whether male or female,
who for money, profit or other consideration or
due to the coercion or influence of any adult
syndicate or group, indulge in sexual
intercourse or lascivious conduct are deemed
to be children exploited in prostitution and
other sexual abuse.
The offended party is a
female or a male
The
offended
party
should only be female
Both treat of acts of lasciviousness

There is an oversight in the law where the
victim is exactly 12 years of age. If the
victim is below 12, the crime will be rape,
or unconsented acts of lasciviousness or
forcible abduction. Hence Art. 339 stating
“over 12 years of age” should be
construed as twelve years of age and
over, thus construing the doubt in favor of
the accused.
ANTI-SEXUAL HARRASMENT ACT
(R.A. No. 7877)
Persons penalized:
Employer, employee, manager, supervisor,
teacher, professor, instructor, coach, trainor,
or any other person having authority,
influence, or moral ascendancy over another
Persons liable:
1. Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to the following:
a. Acting as a procurer of a child
prostitute;
b. Inducing a person to be a client of a
child prostitute by means of written or
oral advertisements or other similar
means;
c. Taking advantage of influence or
relationship to procure a child as a
prostitute;
d. Threatening or using violence towards
a child to engage him/her as a
prostitute;
e. Giving monetary consideration, goods
or other pecuniary benefit to a child
with the intent to engage such child in
prostitution.
2. Those who commit the act of sexual
intercourse or lascivious conduct with a
183
CRIMINAL LAW
BOOK TWO
child exploited in prostitution or subjected
to other sexual abuse.
3. Those who derive profit or advantage
therefrom, whether as manager or owner
of the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been
issued to said establishment.(Sec 5, RA
7610)
Note: There is also a crime of attempted
child prostitution under Sec 5 pars. 1 and
2 of RA 7610. (Sec 6, RA 7610).

There is an attempt to commit child
prostitution under Section 5, paragraph (a)
hereof when any person who, not being a
relative of a child, is found alone with the
said child inside the room or cubicle of a
house, an inn, hotel, motel, pension
house,
apartelle
or
other
similar
establishments, vessel, vehicle or any
other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the child
is about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of
Section 5 hereof when any person is
receiving services from a child in a sauna
parlor or bath, massage clinic, health club
and other similar establishments.

Corruption of Minors
White Slave Trade
It is essential that
victims are minors
Minority need not be
involved
May have victims of
either sex
Limited only to females
May not necessarily be
for profit
Generally for profit
Committed by a single
act
Generally
habitually
184
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.
Two Kinds of Abduction:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ARTICLE 342
FORCIBLE ABDUCTION
Elements:
1. That the person abducted is a woman;
regardless of her age, civil status, or
reputation;
2. That the abduction is against her will;
3. That the abduction is with lewd design.
Forcible Abduction
committed
The first two modes require the element of
profit and habituality. In the third mode, the
Grave Coercion/
Kidnapping
With Lewd design
No lewd design
There is no deprivation
of liberty.
There is deprivation of
liberty.

Prohibited acts:
1. Engaging in the business of prostitution;
2. Profiting by prostitution;
3. Enlisting the services of women for the
purpose of prostitution.
profit motive is not required. (Regalado)
White slave trade may be with or without
the consent of the woman, while slavery
for the purpose of assigning the woman to
immoral traffic (Art. 272) is committed
against her will.
CHAPTER FOUR: ABDUCTION ARTS. 342343

ARTICLE 341
WHITE SLAVE TRADE




Conviction of acts of lasciviousness is not
a bar to conviction of forcible abduction
Attempted Rape is absorbed by Forcible
Abduction as the former constitutes the
element of lewd design.
If girl is under 12 – crime is ALWAYS
FORCIBLE ABDUCTION even if she
voluntarily goes with her abductor.
Sexual intercourse is not necessary in
forcible abduction. The intent to seduce
the girl is sufficient.
ARTICLE 343
CONSENTED ABDUCTION
Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18
years if age;
3. That the taking away of the offended party
must be with her consent, after solicitation
or cajolery from the offender;
4. That the taking away of the offended party
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
must be with lewd designs.
Crimes against Chastity where age and
reputation of the victim are immaterial:
1. Acts of lasciviousness against the will of
the offended party or against a sister or
descendant.
2. Qualified
Seduction
of
sister
or
descendant.
3. Forcible Abduction.
CHAPTER FIVE: PROVISIONS RELATING
TO THE PRECEDING CHAPTERS
OF TITLE ELEVEN (ARTS. 344-346)
ARTICLE 344
PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1. Adultery and concubinage must be
prosecuted upon the complaint signed by
the offended spouse (and in the absence
of an express or implied pardon).
2. Seduction, abduction and acts of
lasciviousness must be prosecuted upon
the complaint signed by (and in the
absence of an express pardon) offended
party –
i. Even if a minor
ii. If of legal age and not
incapacitated, only she can file
complaint
If a minor or incapacitated and refuses to
file either of the next succeeding persons
may file:
a. Either of the parents
b. Either of the grandparents whether
paternal or maternal side
c. Legal or judicial guardians
d. The State, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known
parents, grandparents or guardians.



Pursuant to R.A. No. 8353, rape is now a
crime against persons, which may be
prosecuted de officio.
In adultery and concubinage, the offended
party
must
institute
the
criminal
prosecution against both the guilty parties,
if they are alive.
The right to file the action granted to the
parent, grandparent or guardian shall be
exclusive of all other persons and shall be
exercised successively in the order
provided by law.
 Pardon in adultery and concubinage




must come before the institution of the
criminal action and both offenders
must be pardoned by the offended
party if said pardon is to be effective.
Pardon in seduction must also come
before the institution of the criminal
action.
Condonation is not pardon in
concubinage or adultery – any
subsequent act of the offender
showing that there was no repentance
will not bar the prosecution of the
offense.
Pardon by the offended party who is a
minor must have the concurrence of
parents – except when the offended party
has no parents.
Marriage of the offender with the offended
party in seduction, abduction and acts of
lasciviousness extinguishes criminal action
or remits the penalty already imposed, and
it benefits the co-principals, accomplices
and accessories. In rape, it extends only
as to the principal.
ARTICLE 345
CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY
Persons who are guilty of rape, seduction
or abduction shall also be sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since
only a natural child may be
acknowledged
b. Where either the offended party or the
accused is married
c. When paternity cannot be determined
as in multiple rape
d. Other instances where the law should
prevent the offender from doing so;
In every case to support the offspring.
Note: Under the Family Code, children are
classified as only either legitimate or
illegitimate, with no further positive act
required from the parent, as the law itself
provides the child’s status. Natural children
under the Civil Code fall within the
classification of illegitimate children under the
Family Code.

Art. 176 of the Family Code confers
parental authority over illegitimate children
on the mother and provides their
entitlement to support in conformity with
the Family Code.
185
CRIMINAL LAW
BOOK TWO
ARTICLE 346
LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS
ENTRUSTED WITH THE CUSTODY OF THE
OFFENDED PARTY
Persons who cooperate as accomplices but
are punished as principals in rape, seduction,
abduction, acts of lasciviousness, acts of
lasciviousness with the consent of the
offended party, corruption of minors, white
slave trade:
1. Ascendants,
2. Guardians,
3. Curators, teachers, and
4. Any
person,
who
cooperates
as
accomplice with abuse of authority or
confidential relationship.
 Persons who act as accomplices in crimes
against chastity (EXCEPT adultery and
concubinage where there can be no
accomplices or accessories), shall be
punished as principals.
 In addition, teachers or persons entrusted
with education and guidance of the youth
are penalized with disqualification.
 Furthermore, all those falling within the
terms of this article shall be punished with
special disqualification from the office of
guardian.
TITLE TWELVE:
CRIMES AGAISNT THE CIVIL STATUS OF
PERSONS


The unlawful sale of the child by its father was
held to be not punishable under this Code (US
vs. Capillo et. al., 30 Phil 349). Now, it is
punishable under PD 603, with its Art. 59(3)
which imposes 2-6 months imprisonment
and/or P500.00 fine. Furthermore, if the
accused shall engage in trading and dealing
with children, including the act of buying and
selling of child, that crime of child trafficking is
punished with reclusión temporal to reclusión
perpetua under Sec 7, R.A. No. 7610.
In the third way of committing this crime,
three requisites must be present, namely:
1. The child must be legitimate;
2. The offender conceals or abandons such
child; and
3. The offender has the intent to cause such
child to lose its civil status.
Note: Abandoning means to leave a child in a
public place where other people may find the
child.
Art.
276
(Abandoning
distinguished from Art. 347
Art. 276
Crime against security.
CHAPTER ONE: SIMULATION OF BIRTHS
AND USURPATION OF CIVIL STATUS
The offender must be
the one who has the
custody of the child.
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION
OF ONE CHILD FOR ANOTHER,
CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
Acts punished:
1. Simulation of births;
2. Substitution of one child for another; and
3. Concealing or abandoning any legitimate
child with intent to cause such child to lose
its civil status.
 Object of the crime under Art. 347 is the
creation of false or the causing of the loss
of civil status.
 Simulation of births take 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.
 The operative act in the simulation is the
registration of the child in the registry of
186
births as the pretending parents own.
The simulation which is a crime is that
which alters the civil status of person.
The woman who simulates birth and the
one who furnishes the child are both liable
as principals.
The purpose of the
offender is to avoid the
obligation of rearing
and caring for the
child.
a
Minor)
Art. 347
Crime against the civil
status of a person.
The offender is any
person.
The purpose is to
cause the child to lose
its civil status.
ARTICLE 348
USURPATION OF CIVIL STATUS

Usurping the civil status of another is
committed by assuming the filiation, or the
parental or conjugal rights of another with
intent to enjoy the rights arising from the
civil status of the latter.
 Crime is qualified if the purpose is to
defraud offended parties and heirs.
It is absolutely necessary in order to
constitute this crime that the intent of the
offender is to enjoy the rights arising from
the
civil
status
of
the
person
impersonated. Otherwise, the case will
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
only be a violation of Art. 178 for using a
fictitious name, or as estafa under Art 315.
constructive
notice
cannot
apply.
(Regalado, Criminal Law Conspectus).
Example, where the intent of such
usurpation is merely to enjoy or use the
usurped civil rights, as by using another’s
license or getting a cedula in another’s
name, to avoid military service or to get a
passport, it would not be punishable under
this article (II Cuello Calon, Codigo Penal,
th
10 edition, p. 670). The offender could be
liable for using fictitious name (Art. 178) or
estafa if he intended to defraud third
persons (Art. 315), or possibly perjury or
falsification depending on the acts he
performed in connection with his intended
offense.
ARTICLE 350
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS
(Illegal Marriage)
Elements:
1. That the offender contracted marriage
2. That he knew at the time that
a. The requirements of the law were not
complied with; or
b. The marriage was in disregard of a
legal impediment.

The offender must not be guilty of bigamy.
QUALIFYING CIRCUMSTANCE: if either
of the contracting parties obtains the
consent of the other by means of violence,
intimidation or fraud.

Conviction of a violation of Art. 350
involves moral turpitude. The respondent
is disqualified from being admitted into the
bar.
CHAPTER TWO: ILLEGAL MARRIAGES
(ARTS. 349-352)
ARTICLE 349
BIGAMY
Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved
or, in case the spouse is absent the
absent spouse could not yet be presumed
dead according to the Civil Code;
3. That he contracts a second marriage or
subsequent marriage; and
4. That the second or subsequent marriage
has all the essential requisites for validity.






First marriage must be valid. If it is void or
voidable, bigamy may still be committed if
there is no judicial declaration of nullity or
annulment of the first marriage.
Bigamy is a public crime, thus, its
prosecution may be initiated by anyone.
A person convicted of bigamy may still be
prosecuted for concubinage.
The death of the first spouse during the
pendency of the bigamy case does not
extinguish the crime, because when the
accused married the second spouse the
first marriage was still subsisting.
The second spouse who knew of the first
marriage is an accomplice, as well as the
person who vouched for the capacity of
either of the contracting parties.
The prescriptive period for the crime of
bigamy does not commence from the
commission thereof but from the time of its
discovery by the complainant spouse.
While, it may be conceded that the
bigamous marriage was celebrated
publicly in church and recorded in the
Office of the Civil Registrar, the rule on
ARTICLE 351
PREMATURE MARRIAGES
Persons liable:
1. A widow who married within 301 days from
the date of the death of her husband, or
before having delivered if she is pregnant
at the time of his death.
2. A woman whose marriage having been
annulled or dissolved, married before
delivery or before expiration of the period
of 301 days after the date of legal
separation.


Period may be disregarded if the first
husband was impotent or sterile or if the
woman was pregnant before the death of
the first husband and gave birth within the
said period.
The period of 301 day is important only in
cases where the woman is not pregnant,
or does not know that she is pregnant at
the time she becomes a widow. If she is
pregnant at the time she becomes a
widow, the prohibition is good only up to
delivery.
Since the purpose of this article is to avoid
cases of doubtful paternity, the woman will not
be liable thereunder if: (a) she has already
delivered; and (b) she has conclusive proof
that she was not pregnant by her first spouse
since he was permanently sterile (People vs.
Masinsin, CA, 49 OG 3908).
187
CRIMINAL LAW
BOOK TWO
ARTICLE 352
PERFORMANCE OF ILLEGAL MARRIAGES

Priests or ministers of any religious
denomination or sect, or civil authorities
who shall perform or authorize any legal
marriage ceremony shall be punished
under the Marriage Law.

Art. 352 presuppose that the priest or
minister or civil authority is authorized to
solemnize marriages. If the accused is not
authorized to solemnize marriage and he
performs an illegal marriage ceremony, he
is liable under Art. 177 (usurpation of
authority or public function).
The solemnizing officer of any of the foregoing
illegal marriages who performs or authorizes
the same, despite his knowledge of the
illegality, shall be punishable under Sec. 39 of
Act No. 3613.
TITLE THIRTEEN:
CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL (ARTS. 353-362)
SECTION ONE
DEFINITIONS, FORMS, AND
PUNISHMENT OF THIS CRIME
ARTICLE 353
LIBEL
Elements:
1. That, there must be an imputation of a
crime, or a vice or defect, real or
imaginary, or any act, omission, condition,
status or circumstance;
2. That the imputation must be made
publicly;
3. That it must be malicious;
4. That the imputation must be directed at a
natural person or a juridical person, or one
who is dead;
5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the
person defamed.
Test of defamatory imputation:
A charge is sufficient if the words are
calculated to induce the hearers to suppose
and understand that the person against whom
they were uttered was guilty of certain
offenses, or are sufficient to impeach the
honesty, virtue or reputation, or to hold him up
to public ridicule.
188
Notes:
 The meaning of the writer is immaterial
 If criminal intention is imputed against
another, it is not considered libelous
 An expression of opinion by one affected
by the act of another and based on actual
fact is not libelous.
Imputation may cover:
1. Crime allegedly committed by the offended
party;
2. Vice or defect, real or imaginary, of the
offended party;
3. Any act, omission, condition, status of, or
circumstances relating to the offended
party
Dishonor – means disgrace, shame, ignominy
Discredit – means loss of credit or reputation;
disesteem.
Contempt – means state of being despised.
Publication: is the communication of the
defamatory matter to some third person or
persons. Thus, sending a letter containing
defamatory words against another to a third
person is sufficient publication.
2 types of malice:
1. Malice in fact – shown by proof of ill-will,
hatred, or purpose to injure; also known as
EXPRESS MALICE.
2. Malice in law – presumed to be malicious
from the defamatory imputation even if it is
true; proof is not required because it is
presumed to exist from the defamatory
imputation.
When the communication is PRIVILEGED,
malice is not presumed from the defamatory
words. Malice (in fact) must be proved.
Guidelines when several persons are
defamed:
1. If the defamation is made on different
occasions or by independent acts, there
are as many crimes of libel as there are
persons directly addressed with such
statements or directly referred to.
2. If the defamation is made on a single
occasion:
a. 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.
b. If the statement is so sweeping or all
embracing as to apply to every
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
c.
individual in that group or class so that
each individual therein can prove 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.
which are not of a confidential nature, or of
a statement, report or speech delivered in
said proceedings, or of any other act
performed by a public officer in the
exercise of his functions;
2. That it is made in good faith;
3. That it is without any comments or
remarks.

ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is Presumed
to be Malicious, Even if it be True.
The PRESUMPTION is rebutted if it is
shown by the accused that –
1. The defamatory imputation is true, in case
the law allows proof of the truth of the
imputation (see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.
MALICE is not presumed in the following
cases involving qualifiedly privileged
communication:
1. Private communication made by any
person to another in the performance of
any legal, moral or social duty.
2. A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative, or other proceedings
which are not of confidential nature or of
any statement, report, or speech delivered
in said proceedings, or of any other act
performed by public officers in the
exercise of their functions.
Requisites of the first kind of privileged
communication:
1. That the person who made the
communication had a legal, moral or social
duty to make the communication, or, at
least, he had an interest to be upheld;
2. That the communication is addressed to
an officer or a board, or superior, having
some interest or duty in the matter;
3. That the statements in the communication
are made in good faith.

The defense of privileged communication
will be over come if it is shown that (1) the
defendant acted with malice in fact, or (2)
there is no reasonable ground for believing
the charge to be true.
Requisites of the second kind of privileged
communication:
1. That it is fair and true report of a judicial,
legislative, or other official proceedings


Therefore,
qualified
privileged
communications must be made with
malice and bad faith in order to be
actionable.
An absolutely privileged communication is
not actionable even if made in bad faith.
Specifically recognized in the Constitution
as absolutely privileged are statements
made in official proceedings of Congress
by members thereof, as an implementation
of their parliamentary immunity.
Statements made in judicial proceedings
are privileged but only if pertinent or
relevant to the case involved.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or participant,
not authorized by all the parties to any
private communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to
secretly overhear, intercept or record such
communication by using a device known
as dictaphone, dictagraph, detectaphone,
walkie-talkie or tape-recorder.
3. To knowingly possess any tape/wire or
disc record of any communication or
spoken word or copies thereof.
4. To replay the same for any person or
persons.
5. To communicate the contents thereof,
verbally or in writing.
6. To furnish transcriptions thereof, whether
complete or partial.
Exception: When a peace officer
authorized by written order from the court.
is
Any recording, communication or spoken word
obtained in violation of the provisions of this
Act – INADMISSIBLE IN EVIDENCE in any
judicial, quasi-judicial or administrative hearing
or investigation.
ARTICLE 355
LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
Committed by means of:
1. Writing
189
CRIMINAL LAW
BOOK TWO
2.
3.
4.
5.
6.
7.
8.
9.
10.
Printing
Lithography
Engraving
Radio
Phonograph
Painting
Theatrical exhibition
Cinematographic
Or any similar means
Defamation through
slander not libel.
amplifier


system
is
If defamatory remarks are made in the heat of
passion which culminated in a threat, the
derogatory statements will not constitute an
independent crime of libel but a part of the
more serious crime of threats.
Administrative Circular No. 08-2008, issued
on January 25, 2008, laid down a rule of
preference for the imposition of a fine only
rather than imprisonment in libel cases. The
Administrative Circular provides that:
1. It does not remove imprisonment as an
alternative penalty for the crime of libel
under Article 355 of the Revised Penal
Code;
2. The Judges may, in the exercise of sound
discretion, and taking into consideration
the peculiar circumstances of each case,
determine whether the imposition of a fine
alone would best serve the interests of
justice or whether forbearing to impose
imprisonment would depreciate the
seriousness of the offense, work violence
on the social order, or otherwise be
contrary to the imperatives of justice;
3. Should only a fine be imposed and the
accused be unable to pay the fine, there is
no legal obstacle to the application of the
Revised Penal Code provisions on
subsidiary imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND OFFER
TO PREVENT SUCH PUBLICATION FOR A
COMPENSATION
Acts punished:
1. Threatening another to publish a libel
concerning him, or his parents, spouse,
child or other members of the family.
2. Offering to prevent the publication of such
libel for compensation or money
consideration


190
This is also known as blackmail. Art. 283
regarding light threats is another form of
blackmail.
Blackmail may be defined as any lawful
extortion of money by threats of
accusation or exposure.
It is essential that the threat to publish, or
to offer to prevent the publication of libel
must be for a compensation or money
consideration, in order it may be penalized
under this article.
Blackmail is possible in the following
crimes:
a. Light threats. (Art 283)
b. Threatening to publish, or offering to
prevent the publication of, a libel for
compensation. (Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS
REFERRED TO IN THE COURSE
OF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine;
2. He publishes facts connected with the
private life of another;
3. Such facts are offensive to the honor,
virtue and reputation of said person.


This article is referred to as the Gag Law
because while a report of an official
proceeding is allowed, it gags those who
would publish therein facts which this
article prohibits, and punishes any
violation thereof.
The Gag Law prohibits the publication of
cases relating to adultery, divorce,
legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to
reveal the source of the news report he made,
unless the court or a House or committee of
Congress finds that such revelation is
demanded by the security of the state.
ARTICLE 358
SLANDER (oral defamation)
Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature
Factors that determine the gravity of the
oral defamation:
1. Expressions used;
2. Personal relations of the accused and the
offended party;
3. Circumstances surrounding the case;
4. Social standing and position of the
offended party.
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS

The slander need not be heard by the
offended party
Notes: Gossiping is considered as oral
defamation if a defamatory fact is imputed or
intriguing against honor if there is no
imputation.
Self-defense in slander may only be invoked if
his reply is made in good faith, without malice,
is not necessarily defamatory to his assailant
and is necessary for his explanation or
defense.
ARTICLE 359
SLANDER BY DEED
Slander by Deed– is a crime committed by
performing any act which casts dishonor,
discredit or contempt upon another person.
Elements:
1. That the offender performs any act not
included in any other crime against honor;
2. That such act is performed in the presence
of other persons;
3. That such act cast dishonor, discredit, or
contempt upon the offended party.
If there is no intent to dishonor the
offended party, the crime is maltreatment
by deed under Article 266.
Slander by deed is of two kinds:
1. Simple slander by deed,
2. Grave slander by deed, that is, which is of
a serious nature.

Common Element of Slander by deed and
Unjust Vexation: Irritation or Annoyance;
without any other concurring factor, it is only
Unjust Vexation; if the purpose is to shame or
humiliate, Slander by deed.
An independent civil action may be filed
simultaneously or separately in the same RTC
where the criminal action was filed and vice
versa.
ARTICLE 361
PROOF OF TRUTH
When proof of the truth is admissible in a
charge for Libel:
1. When the act or omission imputed
constitutes a crime regardless of whether
the offended party is a private individual or
a public officer.
2. When the offended party is a Government
employee, even if the imputation does not
constitute a crime, provided it is related to
the discharge of his official duties.

The proof of truth of the accusation cannot
be based upon mere hearsay, rumors or
suspicion. It must be positive, direct
evidence upon which a definite finding may
be made by the court.
Defense in Defamation:
1. It appears that the matters charged as
libelous is true;
2. It was published with good motives; AND
3. For a justifiable end.
Incriminating
Innocent
Persons
Defamation
Offender does not avail
himself of written or
spoken
word
in
besmirching
the
victim’s reputation.
Imputation is public
and
malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party.
ARTICLE 362
LIBELOUS REMARKS
SECTION TWO: GENERAL PROVISIONS
ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or
causes the publication or exhibition of any
defamation in writing or similar means.
2. The author or editor of a book or
pamphlet.
3. The editor or business manager of a daily
newspaper magazine or serial publication.
4. 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.
Libelous remarks or comments connected with
the matter privileged under the provisions of
Art. 354, if made with malice, shall not exempt
the author thereof nor the editor or managing
editor of a newspaper from criminal liability.
CHAPTER TWO: INCRIMINATORY
MACHINATIONS (ART. 363-364)
ARTICLE 363
INCRIMINATING INNOCENT PERSONS
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime;
191
CRIMINAL LAW
BOOK TWO
3. That such act does not constitute perjury
Incriminating
Innocent
Persons
Perjury by Making
False Accusation
Limited to the act of
planting evidence and
the like in order to
incriminate an innocent
person.
Giving
of
false
statement under oath
or making a false
affidavit, imputing to
the
person
the
commission of a crime.
It is committed by
performing an act by
which the offender
directly incriminates or
imputes to an innocent
person the commission
of a crime.
It is committed when
the imputation was
falsely made before an
officer.
Committed by any person who shall make any
intrigue which has for its principal purpose to
blemish the honor or reputation of another.
This refers to such intrigues against a person’s
honor or reputation which are not otherwise
punished under other articles of the code. It
differs from defamation in that it consists of
tricky or secret plots and may be committed
without using written or spoken words which
are defamatory
Defamation
Source of derogatory
statements cannot be
determined
Source is known
Consists of some tricky
and secret plot
Committed in a public
and malicious manner
Passes
such
utterances
without
subscribing to the truth
of the remarks
The remarks made are
claimed to be true
TITLE FOURTEEN:
QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL NEGLIGENCE
(ART. 365)
ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi- offenses
under Art 365:
1. By
committing
through
reckless
imprudence any act which, had it been
intentional, would constitute a grave or
192
Imprudence
Negligence
They are not crimes. They merely determine a
lower degree of criminal liability. They are means of
committing a crime.
ARTICLE 364
INTRIGUING AGAINST HONOR
Intriguing Against
Honor
less grave felony or light felony;
2. By committing through simple imprudence
or negligence an act which would
otherwise constitute a grave or less
serious felony;
3. By causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence;
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony
Deficiency of action
Deficiency of perception
Failure in precaution
Failure in advertence
To avoid wrongful acts:
one must take the
necessary
precaution
once they are foreseen
To avoid wrongful acts:
paying proper attention
and using due diligence
in foreseeing them
Reckless Imprudence – consists in
voluntarily 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 his employment or
occupation, degree of intelligence, physical
condition and other circumstances regarding
persons, time and place.
Elements:
1. That the offender does or fails to do an
act.
2. That the doing of or the failure to do that
act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the person
performing or failing to perform such act
taking into consideration –
a. Employment or occupation.
b. Degree of intelligence, physical
condition. and
c. Other
circumstances
regarding
persons, time and place.
Test of negligence: Would a prudent man, in
the position of the person to whom negligence
is attributed, foresee harm to the person
injured as a reasonable consequence of the
course about to be pursued? If so, the law
imposes a duty on the actor to refrain from that
course or to take precaution against its
San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
mischievous results, and the failure to do so
constitutes negligence.
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.
suddenly placed in an emergency and
compelled to act instantly to avoid a collision
or injury is not guilty of negligence if he makes
such a choice which a person of ordinary
prudence placed in such a position might
make even though he did not make the wisest
choice.
Elements:
1. That there is lack of precaution on the part
of the offender.
2. That the damage impending to be caused
is not immediate nor the danger clearly
manifest.
Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
committed through negligence.
The defense of contributory negligence does
not apply in criminal cases through reckless
imprudence since one cannot allege
negligence of another to evade the effects of
one’s own negligence.
The penalties provided for in Article 365
are NOT applicable when:
1. The penalty provided for the offense is
equal to or lower than those provided in
the first two paragraphs of Art 365
2. By imprudence or negligence, and with
violation of the Automobile Law, the death
of a person shall be caused.
Qualifying Circumstance: Failing to lend
help. It raises the penalty one degree higher.
Except: Sec. 55 of RA 4136, the driver can
leave his vehicle without aiding the victims if:
1. He is in imminent danger of being harmed,
2. He wants to report to the nearest officer of
the law, or
3. He desires to summon a physician or a
nurse for medical assistance to the
injured.

There must be injury to person or damage
to property as a consequence of reckless
or simple imprudence.
Doctrine of Last Clear Chance:
The contributory negligence of the party
injured will not defeat the action if it be shown
that the accused might, by the exercise of
reasonable care and prudence, have avoided
the consequences of the negligence of the
injured party.
Emergency Rule:
An automobile driver who, by the negligence
of another and not by his own negligence, is
193