FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
THE REVISED PENAL CODE
BOOK 2
CRIMINAL LAW
TITLE I
Crimes Against National Security and The
Law of Nations
Crimes against national security
1) Treason
2) Conspiracy and proposal to commit treason
3) Misprision of treason
4) Espionage
Crimes against the law of nations
1) Inciting war and giving motives for reprisals
2) Violation of neutrality
3) Correspondence with hostile country
4) Flight to enemy’s country
5) Piracy in general and mutiny on the high seas
or in Philippine waters
These crimes may be committed outside of the
Philippines. (Art 2 (5))
Article 114
Treason. — Any Filipino citizen who levies war
against the Philippines or adheres to her enemies,
giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to
death and shall pay a fine not to exceed Four million
pesos (P4,000,000.00).
No person shall be convicted of treason unless on
the testimony of two (2) witnesses at least to the
same overt act or on confession of the accused in
open court.
Likewise, an alien, residing in the Philippines, who
commits acts of treason as defined in paragraph 1 of
this article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed Four million
pesos (P4,000,000.00). (As amended by Sec. 2,
Republic Act No. 10951, 31 August 29, 2017)
TO WHOM THE PROVISION APPLIES
1) Filipino citizen – in the Philippines or elsewhere
2) Resident aliens
WHEN THE PROVISION IS APPLICABLE
When there is war in which the Philippines is
involved.
ACTS WHICH CONSTITUTE
1) Levying war against the government, or
2) Adhering to the enemy, giving them aid or
comfort
Treason - a breach of allegiance to a government,
committed by a person who owns allegiance to it.
Reason for the law
The law of treason is an emergency measure. It
is punished by the State as a measure of self-defense
and self-preservation.
Elements of Treason
1) That the offender is a Filipino citizen or a resident
alien (ONE WHO OWES ALLEGIANCE TO
THE GOVERNMENT)
 Allegiance – may be permanent (Filipino
citizen) or temporary (resident alien)
2) That there is war in which the Philippines is
involved
 Treason is a war crime
 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.
3) The offender either
a) Levies war against the government, or
a) Actual assembling of men
 The actual enlistment of men to
serve against the government does
not amount to levying war.
b) For the purpose of executing a
treasonable design by force
 It must be with intent to overthrow
the government and not merely to
resist a particular statute or to repel
a public 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.
 The levying of war must be in
collaboration with an external
enemy and not merely a civil
uprising
c) Adheres to the enemy, giving them aid
or comfort
 Must concur together
 Emotional
or
intellectual attachment
or sympathy to the
enemy, without giving
the enemy aid or
comfort,
is
not
treason.
 Must be physical and not
merely a mental operation
 Must be rendered to render
assistance to them as enemies
and not merely as individuals
 The act committed need not
actually
strengthen
the
enemy.
 It is not the degree of
success, but the aim for
which the act was
perpetrated
that
determines
the
commission
of
treason.
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Examples
1) Giving information to, or
commandeering foodstuff for,
the enemy is evidence of both
adherence and aid or comfort.
2) Commandeering of women to
satisfy the lust of the enemy is
not treason.
3) Serving as informer and active
member of the Japanese Military
Police, arresting guerilla suspects
in an attempt to suppress the
underground movement.
4) Serving in the Japanese Army as
agent or spy and participating in
the raid of guerrilla hideout.
5) Acting as "finger woman" when
a barrio was "zonified" by the
Japanese, pointing out to the
Japanese several men whom she
accused as guerillas.
6) Taking active part in the mass
killing of civilians by the Japanese
soldiers by personally tying the
hands of the victims.
7) Being a Makapili constitutes an
overt act of psychological
comfort.
8) Acceptance of public office and
discharge of official duties under
the enemy do not constitute
per se the felony of treason.
9) Mere governmental work during
the Japanese regime is not an
act of treason.
10) When the arrest of persons
alleged to have been guerillas
was caused by the accused due to
their committing a common
crime, he is not liable for
treason.
There is no treason through negligence
The overt act of giving aid and comfort must be
intentional.
There is no complex crime of treason with murder,
physical injuries etc.
When killings and other common crimes are charged
as overt acts of treason, they cannot be regarded as:
1) Separate crimes
2) As complexed with treason
But this rule would not preclude the punishment of
murder or other common crimes as such, if the
prosecution should elect to prosecute the culprit
specifically for these crimes, instead of relying on
them as an element of treason.
Treason is a continuous offense
All overt acts the accused has done constitute but a
single offense. Proof of one count is sufficient for
conviction.
No person shall be convicted of treason unless on
the testimony of two (2) witnesses at least to the
same overt act or on confession of the accused in
open court.
Proof of treason
GIVING OF AID AND COMFORT
1) Testimony of at least two witnesses, to the
same overt act
 What is required to be proven by the 2witness rule is the giving of aid and
comfort
 It is not necessary to
prove adherence. What
is designed in the mind
of the accused is never
susceptible of proof by
direct testimony.
 Severely restrictive
 Each of the witnesses
must testify to the
whole over act, or if
separable, there must
be two witnesses to
each part of the overt
act.
 The defendant should
be acquitted if only one
of the two witnesses is
believed by the court.
 It is sufficient that the witnesses are
uniform in their testimony on the overt
act.
 The two-witness rule is
not affected with
discrepancies
in
minor details
ADHERENCE TO THE ENEMY
May be proved:
1) By one witness
2) From the nature of the act itself
3) From
the
circumstances
surrounding the act
2) Confession of the accused in an open court
 Must be a confession of guilt and not
an admission of guilt after the plea of
not guilty
 Must be in an open court and not
extrajudicial
Aggravating Circumstances in Treason
1) Cruelty
2) Ignominy
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Example: Rapes, wanton robbery for personal
gain, brutality with which the killings and
physical injuries were carried out
 Evident premeditation – not an
aggravating circumstance
 Superior strength and treachery –
inherent circumstances
The amount or degree of aid and comfort given
and the gravity of the distinct acts determine the
period of penalty to be imposed
Article 64 which imposed the medium period when
there is no aggravating nor mitigating circumstances
does not apply.
Defenses against treason
1) Defense of suspended allegiance and change of
sovereignty is not accepted.
 Sovereignty is not transferred by mere
occupation. What is suspended is the
exercise of the rights of sovereignty.
2) Defense of obedience of a de facto
government is a good defense
 The following are examples of de facto
government
 Philippine Executive
Commission
 Republic established
by
the
Japanese
occupation army in the
Philippines
 In a de facto government,
(1) its existence is maintained by active
military power within the territories
and against the rightful authority of an
established and lawful government;
and
(2), that while it exist it must
necessarily be obeyed in civil matters
by private citizens who, by acts of
obedience rendered in submission to
such force, do not become responsible,
as wrongdoers, for those acts, though
not warranted by the laws of the
rightful government.
(Go Kim Cham v. Valdez)
3) Defense of loss of citizenship by joining the
army of the enemy is not a defense
 The accused cannot divest himself of
the Philippine citizenship by simple
expedient of accepting a commission in
the military, naval or air service of such
country.
4) Defense of duress or uncontrollable fear
 Must be a defense of fear of
immediate death and not an inferior
physical injury nor the apprehension of
any outrage upon property.
Conspiracy and proposal to commit treason — Penalty. —
The conspiracy and proposal to commit the crime of
treason shall be punished respectively, by prision
mayor and a fine not exceeding Two million pesos
(P2,000,000.00), and by prision correccional and a fine
not exceeding One million pesos (P1,000,000.00).
Definitions
Conspiracy to commit treason - is committed when
in time of war, two or more persons come to an
agreement to levy war against the Government or to
adhere to the enemies and to give them aid or comfort,
and decide to commit it. (Arts. 8 and 114)
Proposal to commit treason - is committed when in
time of war a person who has decided to levy war
against the Government or to adhere to the enemies
and to give them aid or comfort, proposes its execution
to some other person or persons. (Arts. 8 and 114)
GR: Conspiracy and proposal to commit a felony is not
punishable. (Art 8)
XPN: Cases in which the law specially provides a
penalty therefor. (Art 8)
Under Art 115, the mere conspiracy and proposal to
commit treason are both felonies and punishable.
The two-witness rule does not apply
This is a distinct offense from that of treason.
Article 116
Misprision of treason. — Every person owing allegiance
to (the United States or) the Government of the
Philippine Islands, without being a foreigner, and
having knowledge of any conspiracy against them,
who conceals or does not disclose and make known
the same, as soon as possible, to the governor or
fiscal of the province, or the mayor or fiscal of the
city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason.
Elements of Misprision of Treason
1) That the offender must be
a) Owing allegiance to the Government
b) Not a foreigner
2) That he has knowledge of any conspiracy to
commit the treason against the Government
 Does not apply when the crime of
treason is already committed
3) That he conceals or does not disclose and make
known the same as soon as possible to the
a) governor or fiscal of the province or
b) mayor
The accused is a principal but punished as an
accessory.
The offender in Art 116 is a principal in
misprision of treason. It is a separate and distinct crime
from the crime of treason.
Since offender is a principal, Art 20 does not
apply since it only applies to accessories. Take note that
Article 115
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the offender in misprision of treason is only punished as
an accessory but is not regarded as an accessory.
when he entered the warship, fort,
naval or military establishment or
reservation.
 Being a public officer or employee is a
qualifying circumstance
Art 116 does not provide for a penalty for
treason. Hence the penalty for misprision of treason is
two degrees lower than that provided for treason.
Par 2
Article 117
Espionage. — The penalty of prision correccional shall be
inflicted upon any person who:
1) Without authority therefor, enters a warship,
fort, or naval or military establishment or
reservation to obtain any information, plans,
photographs, or other data of a confidential
nature relative to the defense of the
Philippine Archipelago; or
2) Being in possession, by reason of the public
office he holds, of the articles, data, or
information referred to in the preceding
paragraph, discloses their contents to a
representative of a foreign nation.
The penalty next higher in degree shall be imposed if the
offender be a public officer or employee.
Definition of Espionage
Espionage is the offense of gathering,
transmitting, or losing information respecting the
national defense with intent or reason to believe that
the information is to be used to the injury of the
Republic of the Philippines or to the advantage of any
foreign nation.
2 Ways of Committing Espionage under Art 117
1) By entering, without authority therefor, a
warship, fort, naval or military establishment or
reservation to obtain any information, plans,
photographs or other data of a confidential
nature relative to the defense of the
Philippines.
2) By disclosing to the representative of a foreign
nation the contents of the articles, data, or
information referred to in par 1 of Article 117,
which he had in possession by reason of the
public office he holds.
Elements of Espionage
Par 1
1) That the offender enters a warship, fort, naval,
military establishment and reservation.
2) That he has no authority therefor
3) That his purpose is to obtain information,
plans, photographs or other data of
confidential nature relative to the defense of
the Philippines.
 There must be intention to obtain
information. If there is no intention,
even if he takes possession of plans or
photographs, he is not liable under Art
117.
 It is not necessary that information is
actually obtained. It is enough that he
has the purpose to obtain any of them
1) That the officer is a public officer
2) That he has in his possession the articles, data,
or information referred to in paragraph 1 in Art
117, by reason of public office he holds
3) 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
SEC. 1. Unlawfully obtaining or permitting to be
obtained information affecting national defense.
Different ways of violating Section 1:
a. By going upon, entering, flying over or otherwise by
obtaining information concerning any vessel, aircraft,
work of defense or other place connected with the
national defense, or any other place where any vessels,
aircraft, arms, munitions or other materials for the 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 attempting or
inducing or aiding another to copy, take, make or
obtain any sketch, photograph, photographic negative,
blue print, 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
paragraph a.
c. By receiving or obtaining or agreeing or attempting
or inducing or aiding another to receive or obtain from
any sources any of those data mentioned in paragraph
b, code book or signal book, knowing that it will be
obtained or disposed of 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 paragraph 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
paragraph b, code book or signal book, the offender
being entrusted with or having lawful possession or
control of the same.
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SEC. 2. Unlawful disclosing of information affecting
national defense.
Different ways of violating Section 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
paragraph b of Section 1 hereof, code book or
signal book.
If committed in time of war, the penalty is death or
imprisonment for not more than 30 years.
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.
The penalty is death or imprisonment for not more
than 30 years.
SEC. 3. Disloyal acts or words in time of peace.
Different ways of violating Section 3:
a. By advising, counselling, urging or in any other
manner by causing 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.
SEC. 4. Disloyal acts or words in time of war.
Different ways of violating Section 4:
a. By willfully making or conveying false reports or
false statements with intent to interfere with the
operation or success of the Armed Forces of the
Philippines; or
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; or
c. By willfully obstructing the recruiting or enlistment
service.
SEC. 5. Conspiracy to violate preceding sections.
Requisites:
a. Two or more persons conspire to violate the
provisions of sections one, two, three or four of this
Act;
b. One or more of such persons do any act to effect
the object of the conspiracy.
Each of the parties to such conspiracy shall be
punished as in said sections provided in the case of the
doing of the act the accomplishment of which is the
object of such conspiracy.
SEC. 6. Harboring or concealing violators of the law.
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, x x
x.
Other acts punished by Commonwealth Act No. 616.
1. Using or permitting or procuring the use of an
aircraft for the purpose of making photograph, sketch,
etc. of vital installations or equipment of the Armed
Forces of the Philippines. (Sec. 9)
2. Reproducing, publishing, selling, etc. uncensored
copies of photograph, sketch, etc. of the vital military,
naval or air post, camp or station, without permission
of the commanding officer. (Sec. 10)
3. Injuring or destroying or attempting to injure or
destroy war materials, premises or war utilities when
the Philippines is at war. (Sec. 11)
4. Making or causing war materials to be made in a
defective manner when the Philippines is at war. (Sec. 12)
5. Injuring or destroying national defense material,
premises or utilities. (Sec. 13)
6. Making or causing to be made in a defective manner,
or attempting to make or cause to be made in a
defective manner, national defense material. (Sec. 14)
Comparison between Art 117 and CA 616
Art 117
CA 616
Both can be committed in times of war and peace
Par 1 – qualified if the Can be committed by
offender is a public any person
officer
Par 2 – offender must be
a public officer
Supplants the gaps of
Art 117
Punishes acts in the Punishes acts in the
consummated stage
attempted stage and
consummated stage
Section 2 – Provoking war and disloyalty in case of
war
Crimes classified as provoking war and disloyalty
in case of war
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1)
2)
3)
4)
Inciting to war or giving motives for reprisals;
Violation of neutrality;
Correspondence with hostile country;
Flight to enemy’s country
Article 118
Inciting to war or giving motives for reprisals. — The
penalty of reclusion temporal shall be imposed upon
any public officer or employee, and that of prision
mayor upon any private individual, who, by unlawful
or unauthorized acts, provokes or gives occasion for
a war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on
their persons or property.
Elements
1) That the offender performs unlawful or
unauthorized acts.
2) That such acts provoke or give occasion for a
war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property.
 The intention of the offender is
immaterial. The law only considers the
effects of the acts done by the
offender. Such acts might disturb the
friendly relation that we have with a
foreign country, and they are
penalized even if the constitute mere
imprudence.
Examples:
1) The raising, without sufficient authorization, of
troops within the Philippines for the service of
a foreign nation against another nation.
2) The public destruction of the flag or seal of a
foreign state or the public manifestations of
hostility to the head or ambassador of another
state.
Article 119
Violation of neutrality. — The penalty of prision
correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not
involved, violates any regulation issued by
competent authority for the purpose of enforcing
neutrality.
Elements
1) That there is a war in which the Philippines is
not involved;
2) That there is a regulation issued by competent
authority for the purpose of enforcing
neutrality;
3) That the offender violates such regulation.
Neutrality, defined.
A nation or power which takes no part in a contest of
arms going on between others is referred to as neutral.
(Burril, L.D.)
There must be regulation issued by competent
authority for the enforcement of neutrality.
It is the violation of such regulation which constitutes
the crime.
Article 120
Correspondence with hostile country. — Any person, who
in time of war, shall have correspondence with an
enemy country or territory occupied by enemy
troops shall be punished:
1) By prision correccional, if the correspondence
has been prohibited by the Government;
2) By prision mayor, if the correspondence be
carried on in ciphers or conventional signs;
and
3) By reclusion temporal, if notice or information
be given thereby which might be useful to
the enemy. If the offender intended to aid
the enemy by giving such notice or
information, he shall suffer the penalty of
reclusion temporal to death.
Elements
1) That it is in time of war in which the
Philippines is involved;
2) That the offender makes correspondence with
an enemy country or territory occupied by
enemy troops;
3) That the correspondence is either —or
a) prohibited by the Government
 Even if correspondence contains
innocent
matters,
if
the
correspondence has been prohibited
by the Government, it is punishable.
The reason is the possibility that some
information useful to the enemy might
be
revealed
unwittingly
or
unintentionally.
b) carried on in ciphers or conventional signs,
or
 using codes
 prohibition by the Government is not
essential since it is not expressly stated
c) containing notice or information which
might be useful to the enemy.
 prohibition by the Government is not
essential since it is not expressly stated
Definition
Correspondence is communication by means of
letters; or it may refer to the letters which pass between
those who have friendly or business relations.
Circumstances qualifying the offense.
The following must concur together:
1) That the notice or information might be useful to
the enemy.
 Communication is given unwittingly
2) That the offender intended to aid the enemy.
 Communication is purposefully given
Note: If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to
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treason; hence, the penalty is the same as that for
treason (resident alien penalty – reclusion temporal to death).
Article 121
Flight to enemy's country. — The penalty of arresto mayor
shall be inflicted upon any person who, owing
allegiance to the Government, attempts to flee or go
to an enemy country when prohibited by competent
authority.
Elements
1) That there is a war in which the Philippines is
involved;
2) That the offender must be owing allegiance to
the Government;
 An alien resident of the country can be
held liable under this article. The
allegiance contemplated in this article
is either natural or temporary
allegiance.
3) That the offender attempts to flee or go to
enemy country;
 Mere attempt to flee or go to enemy
country
when
prohibited
by
competent authority consummates the
felony.
4) That going to enemy country is prohibited by
competent authority.
 If fleeing or going to an enemy
country is not prohibited by
competent authority, the crime
defined in Art 121 cannot be
committed.
Section 3 – Piracy and mutiny on the high seas or
in Philippine waters
Article 122
Piracy in general and mutiny on the high seas or in Philippine
waters. — The penalty of reclusion perpetua shall be
inflicted upon any person who, on the high seas or
in Philippine waters, shall attack or seize any vessel
or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo
of said vessel, its equipment, or personal belongings
of its complement or passengers.
The same penalty shall be inflicted in case of mutiny
on the high seas or in Philippine waters. (As
amended by Sec. 3, Rep. Act No. 7659)
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
1st mode
1) That a vessel is on the high seas or in Philippine
waters
2) That the offender is any person
3) That the offender shall attack or seize that
vessel
2nd mode
1) That a vessel is on the high seas or in Philippine
waters;
2) That the offender is not a member of its
complement or passenger of the vessel;
3) That the offender seizes the whole or part of
the cargo of said vessel, its equipment or
personal belongings of its complement or
passenger
High seas.
The Convention on the Law of the Sea defines
"high seas" as parts of the seas that are not included in
the exclusive economic zone, in the territorial seas, or
in the internal waters of a state, or in the archipelagic
waters of an archipelagic state.
Definition
Piracy is robbery or forcible depredation on the
high seas, without lawful authority and done with animo
furandi (with intent to steal) and in the spirit and
intention of universal hostility.
Mutiny is the unlawful resistance to a superior
officer, or the raising of commotions and disturbances
on board a ship against the authority of its commander.
Mutiny is usually committed by the other
members of the complement and may be committed
by the passengers of the vessel.
Seizure of a vessel.
While it may be true that complainants were
compelled to go elsewhere other than their place of
destination, such compulsion was obviously part of the
act of seizing their boat (People v. Catantan)
Comparison between piracy and mutiny
PIRACY
Persons who attack a
vessel or seize its cargo
are strangers to the
vessel
Intent to gain is
essential/ animo furandi
MUTINY
The
persons
are
members of the crew or
passenger
May only intend to
ignore the ship’s officers
or
they
may
be
prompted by a desire to
commit plunder
Article 123
Qualified piracy. — The penalty of reclusion perpetua to
death shall be imposed upon those who commit any
of the crimes referred to in the preceding article,
under any of the following circumstances:
1) Whenever they have seized a vessel by boarding
or firing upon the same;
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2) Whenever the pirates have abandoned their
victims without means of saving themselves; or
3) Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape. (As amended by
RA. No. 7659)
Qualifying Circumstances for Piracy
1) Whenever they have seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have abandoned their victims
without means of saving themselves; or
3) Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape.
Circumstances 1, 2, and 3 are applicable to
piracy while only 3 is applicable to mutiny.
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. Nor
does it matter that the crime was committed within the
jurisdictional 3-mile limit of a foreign state. (People v.
Lol-lo)
Disposition of the vessel and the cargo need
not be committed in the Philippine waters.
Qualified piracy is a complex crime punishable
by reclusion perpetua to death, regardless of the number
of victims.
Any person who aids or protects pirates or
abets the commission of piracy shall be considered as
an accomplice and shall be punished in accordance
with the Rules prescribed by the RPC. It shall be
presumed that any person who does any of these acts
has performed them knowingly, unless the contrary is
proven.
Presidential Decree 532
Reason of the law: Widen the coverage of the law,
in keeping with the intent to protect the citizenry
as well as neighboring states from crimes against
the law of nations.
 Added Philippine waters to the scope
of Art 122
 Covers any person
 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. (Penalty: Reclusion
temporal in its maximum and
minimum periods)
 Exceptions on territoriality applies
 Qualifying circumstances:
 If physical injuries or other
crimes are committed as a
result or on the occasion
thereof, the penalty of reclusion
perpetua shall be imposed.
 If
rape,
murder,
or
homicide is committed as a
result or on the occasion of
piracy or when the offender
abandoned the victims
without means of saving
themselves, or when the
seizure is accomplished by
firing upon or boarding a
vessel,
the
mandatory
penalty of death shall be
imposed.
Note: Republic Act 9346
prohibited the imposition of
the death penalty.
Thus,
instead
of
the
mandatory penalty of death
under PD 532, reclusion perpetua
without eligibility for parole
shall be imposed.
Republic Act 7659
 The coverage of Art 122 was widened to
include offenses committed in the Philippine
waters.
 Neither superseded nor amended the
provisions on piracy under Presidential Decree
No. 532. There is no contradiction between the
two laws.
Comparison between Piracy under RPC and PD
532
Piracy under RPC
PD 532
Vessel
is
in
the Vessel
is
in
the
Philippine waters or high Philippine waters
seas
Offender is any person Offender is any person
who shall attack or seize
the vessel or takes away
in whole or in part the
cargo, equipment or
personal belongings of
its
complement
or
passengers
Simple piracy: Reclusion Simple piracy: Reclusion
perpetua
temporal
Qualified:
Reclusion Qualified:
Reclusion
perpetua to death
perpetua to death* (without
eligibility of parole*)
Republic Act 6235
The Revised Penal Code | VENTEROSO | 8
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Acts inimical to civil aviation is punished by
Republic Act No 6235.
SEC. 5.
(Meaning
of
"explosive,"
"flammable," "corrosive" and "poisonous")
EXCERPTS FROM REPUBLIC ACT NO. 6235
SEC. 6. Any violation of Section three hereof shall be
punishable by an imprisonment of at least five years
but not more than ten years or by a fine of not less than
ten thousand pesos but not more than twenty thousand
pesos: Provided, That if the violation is committed by
a juridical person, the penalty shall be imposed upon
the manager, representative, director, agent or
employee who violated, or caused, directed,
cooperated or participated in the violation thereof:
Provided, further, That in case the violation is
committed in the interest of a foreign corporation
legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager,
representative or director responsible for such
violation and in addition thereto, the license of said
corporation to do business in the Philippines shall be
revoked.
 Punishes hijacking
An Act Prohibiting Certain Acts Inimical to Civil
Aviation
SECTION 1. It shall be unlawful for any person to
compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are
closed following embarkation until any of such
doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel
an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof
while it is within the said territory.
SEC. 2. Any person violating any provision of the
foregoing section shall be punished by an
imprisonment of not less than twelve years but not
more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty
thousand pesos.
The penalty of imprisonment of fifteen years to
death, or a fine not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be
imposed upon any person committing such violation
under any of the following circumstances:
1) Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
2) Whenever he has exploded or attempted to
explode any bomb or explosive to destroy
the aircraft; or
3) Whenever the crime is accompanied by
murder, homicide, serious physical injuries
or rape.
SEC. 3. It shall be unlawful for any person, natural or
juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, any
explosive, flammable, corrosive or poisonous
substance or material.
 Cannot transport explosives via commercial
passenger flights (XPN: Cargo aircraft, subject
to regulations issued by the Civil Aeronautics
Administration.) Rationale: to prevent
accidents
SEC. 4. The shipping, loading or carrying of any
substance or material mentioned in the preceding
section in any cargo aircraft operating as a public utility
within the Philippines shall be in accordance with
regulations issued by the Civil Aeronautics
Administration.
Any violation of Section four hereof shall be an offense
punishable with the minimum of the penalty provided
in the next preceding paragraph.
SEC. 7. For any death or injury to persons or damage
to property resulting from a violation of Sections three
and four hereof, the person responsible therefor may
be held liable in accordance with the applicable
provisions of the Revised Penal Code.
XXX.
(Approved on June 19, 1971)
The act of the accused in People vs. Ang Cho
Kio, 95 Phil. 475, who compelled the pilot to change
the course of the airplane from Laoag to Amoy instead
of directing it to Aparri and, in not complying with
such illegal requirement, the accused discharged
various revolver shots, killing him, could have been
punished under Section 2 of Republic Act No. 6235,
had this law been already in effect.
Acts punishable under RA 6235
1) To compel a change in course or destination of
an aircraft of Philippine registry
2) To seize or usurp the control of an aircraft of
Philippine registry, while it is in flight
3) To compel an aircraft of foreign registry to land
in Philippine territory
4) To seize or usurp the control of an aircraft of
foreign registry while it is in Philippine territory
5) To ship, load or carry in any passenger aircraft
operating as a public utility within the
Philippines, any explosives, flammable,
corrosive or poisonous substance or material
Acts for which higher penalties are imposed.
1) When the person has fired upon the pilot,
member of the crew or passenger
The Revised Penal Code | VENTEROSO | 9
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) When the person exploded or attempted to
explode any bomb or explosive to destroy the
aircraft
3) When the crime is accompanied by murder,
homicide, serious physical injuries or rape
The Revised Penal Code | VENTEROSO | 10
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE II
Crimes Against Fundamental Laws of the
State
CHAPTER ONE ARBITRARY
DETENTION OR EXPULSION,
VIOLATION OF DWELLING.
PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST
REGILIGIOUS WORSHIP
They are called crimes against the fundamental
laws of the State because they violate certain
provisions of the Bill of Rights (Constitutional
rights)
What are the crimes against the fundamental laws of
the State and the rights they violate?
1. Arbitrary detention (Art 124), delay in the
delivery of detained persons to the proper
judicial authorities (Art 125), delaying release
(Art 126) – RIGHT TO LIBERTY AND
DUE PROCESS (Sec 1)
2. Expulsion (Art 127) – RIGHT TO
LIBERTY OF ABODE AND OF
CHANGING THE SAME (Sec 6)
3. Violation of domicile (Art 128), search
warrants maliciously obtained and abuse in the
service of those legally obtained (Art 129),
searching domicile without witnesses (Art 130)
– RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES (Sec 2)
4. Prohibition, interruption and dissolution of
peaceful meetings (Art 131) – RIGHT TO
FREEDOM OF SPEECH, EXPRESSION
AND
RIGHT
TO
PEACABLE
MEETINGS AND ASSEMBLY (Sec 4)
5. Interruption of religious worship (Art 132),
offending the religious feelings (Art 133) –
RIGHT TO FREE EXERCISE AND
ENJOYMENT
OF
RELIGIOUS
PROFESSION AND WORSHIP (Sec 5)
Section 1 – Arbitrary detention and expulsion
Classes of arbitrary detention:
(1)
Arbitrary detention by detaining a person
without legal ground. (Art. 124)
(2)
Delay in the delivery of detained persons to the
proper judicial authorities. (Art. 125)
(3)
Delaying release. (Art. 126)
 Penalties for the three classes are provided in
Art 124
 Art 125 and 126 do not provide penalties for
their violation but they make reference to Art
124.
Article 124
Arbitrary detention. — Any public officer or employee
who, without legal grounds, detains a person, shall
suffer;
1) The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the detention has not exceeded
three days;
2) The penalty of prision correccional in its
medium and maximum periods, if the
detention has continued more than three but
not more than fifteen days;
3) The penalty of prision mayor, if the detention
has continued for more than fifteen days but
not more than six months; and
4) That of reclusion temporal, if the detention shall
have exceeded six months.
The commission of a crime, or violent insanity or
any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be
considered legal grounds for the detention of any
person.
Elements of Arbitrary Detention
1) That the offender is a public officer or
employee
 Policemen, other agents of the law
such as the judges and mayors
 If acting in their private capacity, the
crime is illegal detention (Art 267,
268)
 Private individuals who conspired
with public officers in detaining
certain policemen are guilty of arbitrary
detention.
2) That he detains a person
 Detention – actual confinement of a
person in an enclosure, or in any
manner detaining or depriving him of
his liberty.
 There is arbitrary detention when the
detainee is under surveillance and they
could not escape for fear of being
apprehended.
 Restraint resulting from fear is also a
form of arbitrary detention.
3) That the detention is without legal grounds
 The detention is without legal grounds
when:
1) He has not committed a
crime or at least, there is no
reasonable ground for
suspicion that he has
committed a crime.
2) He is not suffering from
violent insanity or any
other ailment or any other
ailment
requiring
compulsory confinement
in a hospital.
The Revised Penal Code | VENTEROSO | 11
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Examples of situations without legal
grounds
 Merely quarrelling is not a
crime.
 Mere suspicion in the
connection of a person with
any murderous plot is no
ground recognized by law for
restraining the freedom of any
individual.
 Warrantless
arrest
and
subsequent detention for
overtaking another vehicle.
 There is no reasonable ground
if the reason for the arrest or
detention is that the officer
wants to know the commission
of the crime.
Arrest without warrant is the usual cause of
arbitrary detention
In order to justify an arrest, a peace officer
must have a warrant of arrest properly issued by the
court. A peace officer or private person may, without
a warrant, arrest a person:
There is no arbitrary detention when there is a
valid arrest.
(Sec. 5, Rule 113, Revised Rules of Criminal
Procedure)
(a)
When, in his presence, the person to be
arrested has committed, is actually committing, or is
attempting to commit an offense; (IN FLAGRANTE
DELICTO)
(b)
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; and (HOT
PURSUIT)
(c)
When the person to be arrested is a prisoner
who 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.
(ESCAPING PRISONERS)
SECTION 5A - In flagrante delicto
Requisites
1) The person to be arrested must execute an
overt act indicating that he has just committed,
is actually committing, or is attempting to
commit a crime;
♥AUTHOR’S NOTE: This includes crimes in
the attempted, frustrated and consummated
stage.
Crime
Attempted
Theft
☺
☺
☺
☺
Robbery
Estafa
Slander
Frustrated
☺
☺
False
testimony
Sale of
prohibited
drugs
Flight to
enemy’s
country
Corruption of
minors
Treason
☺
☺
☺
☺
☺
☺
☺
☺
☺
☺
☺
☺
☺
☺
Rebellion
Insurrection
Coup d’ etat
Sedition
Betting and
gambling
Corruption of
public officers
Rape
☺
Physical
injuries
Homicide
☺
Acts of
lasciviousness
Consummated
☺
☺
☺
☺
☺
☺
☺
2) Such overt act is done in the presence or within
the view of the arresting officer.
 “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
 Peace officers are authorized to make
arrests of an offender without warrants
for breaches of the peace committed in
their presence, and may enter the house
of an offender for such purpose,
provided the unlawful conduct is such
as to affect the public peace.
Plain view doctrine
Objects in the plain view of an officer who has
the right to be in the position to have that view are
subject to seizure and may be presented as evidence.
It is usually applied where a police officer is not
searching for evidence against the accused, but
nonetheless inadvertently comes across an
incriminating object.
The following elements must be present before
the doctrine may be applied:
1) A prior valid intrusion based on a valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties
REVIEW:
The Revised Penal Code | VENTEROSO | 12
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) The evidence was inadvertently discovered
by the police who have the right to be where
they are;
3) The evidence must be immediately apparent
4) Plain view justified mere seizure of evidence
without further search
SECTION 5B - Hot pursuit doctrine
Requisites
1) The crime should have just been committed;
and
 That a crime has actually been
committed
is
an
essential
precondition.
 Prevention of a crime is just as
commendatory as the capture of
criminals. The officer must not be
forced to await the commission of
robbery or other felony. The rule is
supported by the necessities of life.
(US v. Santos)
 There must be a large measure of
immediacy between the time the
offense was committed and the time of
the arrest. If there was an appreciable
time between the arrest and the
commission of the crime, a warrant of
arrest must be secured.
2) The arresting officer’s exercise of discretion is
limited by the standard of probable cause to
be determined from the facts and
circumstances within his personal knowledge.
Probable cause
 The requirement of the existence of
probable cause objectifies the
reasonableness of the warrantless
arrest for the purpose of compliance
with the Constitutional mandate
against unreasonable arrests.
 The arresting officer’s determination of
probable cause is based on his
personal knowledge of facts or
circumstances that the person sought
to be arrested has committed the crime.
 Personal knowledge of facts
must be based on the probable
cause, which means actual
belief or reasonable grounds of
suspicion.
 Reasonable
grounds
of
suspicion = actual facts + good
faith
 Example: There is personal
knowledge when the police
officers had earlier conducted
surveillance activities of the
accused.
 It is not required that the arresting
officers personally
 witness the commission of the offense.
(♥AUTHOR’S NOTE: As opposed to
5a, wherein the crime must be in the
presence of the officer).
 The obligation to arrest by reason of a
crime does not presuppose the
indubitable existence of a crime as a
requisite for the fulfillment thereof.
The legality of the detention does not
depend the juridical fact of a crime. It
is sufficient that the agent or person
making the arrest has reasonably
sufficient grounds to believe the
existence of an act having the
characteristics of a crime.
SECTION 5C – Escaping prisoners
 It was held that being a prisoner who escaped,
he can be arrested without a warrant of arrest
not only by the authorities but also by any
private person. (Salonga v. Holland)
 The right of arrest without warrant is founded
on the principle that at the time of the arrest,
the escapee is in the continuous act of
committing the crime – evading the service of
a sentence. (Paraluman v. Director of
Prisons)
Periods of detention penalized
Period
Penalties
< 3 days
Arresto mayor in its
maximum period to
prision correccional in its
minimum period
3-15 days
prision correccional in its
medium and maximum
periods
15 days – 6 months
prision mayor
Exceeding 6 months
reclusion temporal
No minimum period of detention.
 In the case of U.S. vs. Braganza,
a councilor and a barrio
lieutenant were convicted of
arbitrary detention, even if the
offended party was detained
for less than half an hour;
 In the case of U.S. vs. Agravante,
the detention was only for one
hour
There can be arbitrary detention through reckless
imprudence.
Article 125
Delay in the delivery of detained persons to the proper judicial
authorities. — The penalties provided in the next preceding
article shall be imposed upon the public officer or
employee who shall detain any person for some legal
ground and shall fail to deliver such person to the
proper judicial authorities within the period of;
twelve (12) hours, for crimes or offenses punishable
The Revised Penal Code | VENTEROSO | 13
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
by light penalties, or their equivalent; eighteen (18)
hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirtysix (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.
REVIEW: (Art 25)
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Penalties common to the three preceding
classes:
Fine, and
Bond to keep the peace.
Accessory Penalties
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and
be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
Reason for the law
Article 125 of the RPC 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.
Elements
1) That the offender is a public officer or
employee
 If a private person, the crime is illegal
detention (Art 267, 268)
2) That he has detained a person for some legal
ground.
 The detention is legal in the beginning
because the person detained was
arrested under any of the circumstances
where the arrest without warrant is authorized
by law. (Sec. 5, Rule 113, Revised
Rules of Criminal Procedure)
 Article 125 does not apply when the
arrest is by virtue of a warrant of arrest.
 Article 125 applies only when the arrest
is made without a warrant of arrest but
the arrest must be lawful.
 If the arrest is made with a warrant of
arrest, the person arrested can be
detained indefinitely until his case is
decided by the court or he posts a bail
for his temporary release.
3) That he fails to deliver such person to the
proper judicial authorities within:
a. twelve (12) hours, for crimes or offenses
punishable by light penalties, or their
equivalent; or
b. eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their
equivalent; or
c. thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or
their equivalent.
 The periods of time in Art 125 were
applied to the arrests made by
private persons.
 Before EO 272, the detention of
person legally without a warrant of
arrest becomes illegal upon the
expiration of:
a.
six (6) hours, for crimes or
offenses punishable by light penalties,
or their equivalent; or
b.
nine (9) hours, for crimes or
offenses punishable by correctional
penalties, or their equivalent; or
c.
eighteen (18) hours, for crimes
or offenses punishable by afflictive or
capital penalties, or their equivalent.
 Delivery to the judicial authority does
not consist in physical delivery, but
in making an accusation or charge
or filing of an information against
the person arrested with the
corresponding court or judge.
 Judicial authorities mean 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, that is the
SC and such inferior courts as may be
established by law. (XPN: Excludes
fiscal of a city, since they cannot issue
a warrant of arrest or of commitment
for temporary confinement)
 The duty of the detaining officer is
deemed complied with upon the filing
of the complaint with the judicial
authority.
 Where a judge is not available, the
arresting officer is duty-bound to
release a detained person if the
maximum period provided already
expired.
The Revised Penal Code | VENTEROSO | 14
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Non office (election days, special
holidays) days should not be included
in the computation of the period
prescribed by law for the filing of
complaint/information in courts.
 The failure of the arresting officer to
deliver the person arrested to the
judicial authority within the time
specified in Article 125 does not affect
the legality of confinement of the
petitioner who is detained because of
the warrant subsequently issued by a
competent court when an information
was filed therein (Lino v. Fuguso)
 Violation of Article 125 is not
considered as one of the grounds on
which one can predicate a motion to
quash the information under Rule 113
Sec 2 of the Rules of Court. (Section 2.
Arrest; how made. — An arrest is made by
an actual restraint of a person to be arrested,
or by his submission to the custody of the
person making the arrest. No violence or
unnecessary force shall be used in making an
arrest. The person arrested shall not be subject
to a greater restraint than is necessary for his
detention).
 The illegality of the detention is not
cured by the filing of the information
in the court.
 Fiscal is not liable since he is not the
one who has arrested and illegally
detained the person, unless he has
ordered or induced the arresting
officer to hold and not release the
prisoner after the expiration of said
period.
Disposition of person arrested without a warrant
5a and 5b – the person arrested without a warrant shall
be forthwith delivered to the nearest police station
or jail, and shall be proceeded against in accordance
with Rule 112, Section 7.
Section 7 Rule 112 – preliminary investigation may be
dispensed with, provided AN INQUEST
HAS
BEEN
CONDUCTED
IN
ACCORDANCE
WITH
EXISTING
RULES.
-
In absence or unavailability of the inquest
prosecutor, the complaint may be filed by the
offended party or a peace officer directly with
the proper court on the basis of the
AFFIDAVIT OF THE OFFENDED
PARTY OR ARRESTING OFFICER OF
PERSON.
Waiver of the provisions of Article 125
Before the complaint or information is filed,
the person arrested may ask for preliminary
investigation in accordance with the Rule, but he must
first sign a waiver of the provisions of Article 125 in
the presence of his counsel. Notwithstanding the
waiver, he may apply for bail and the investigation must
be terminated within 15 days from its inception.
Circumstances considered in determining liability
of officer detaining a person beyond legal period
1) The means of communication
2) The hour of arrest
3) Other circumstances
Remedy where warrant improperly issued
If the accused was illegally detained because he
was arrested without a preliminary examination, what
should have been done was to set aside the warrant of
arrest and order the discharge of the accused, but
without enjoining the municipal judge from
conducting a preliminary examination and afterwards
properly issuing a warrant of arrest (Alimpos v. CA)
Rights of a person detained
1) He shall be informed of the cause of his
detention – right to be informed
2) He shall be allowed, upon his request, to
communicate and confer at any time with
his attorney or counsel – right to counsel
 Public officers or employees are liable
for arresto mayor for preventing the
exercise of the right of attorneys to visit
and confer with persons arrested
Comparison between Art 124 and 125
Art 124
Art 125
Detention is illegal from Detention is legal in the
the very beginning
beginning
but
the
illegality
for
the
detention starts from
the expiration of any of
the periods of the time
specified in Article 125,
without the prisoner
detained having been
delivered to the proper
judicial authority.
DETENTION UNDER RA 11479
The time period for delivery of detained persons
prescribed in Article 125 does not apply to
suspected terrorists who are detained under RA
11479
 Persons suspected of acts of terrorism
under RA 11479 may be detained for
14 calendar days without the law
enforcement agent or military
personnel being held criminally liable
for delay in delivery of the detained
person provided that such agent or
personnel has been duly authorized in
writing by the Anti-Terrorism Council.
 Period may be extended by a
maximum of 10 calendar days if it is
established that:
The Revised Penal Code | VENTEROSO | 15
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) Further detention is necessary to
preserve evidence
2) To prevent the commission of
another terrorism
3) Investigation is being conducted
properly and without delay.
RA 7438 – Rights of Persons Arrested, Detained or
Under Custodial Investigation
 Custodial investigation – questioning
initiated by law enforcement authorities after a
person is taken into custody or otherwise
deprived of his freedom of action in any
significant manner.
 The rules begin to operate as soon as the
investigation ceases to be a general inquiry into
an unsolved crime and begins to focus a
particular subject, suspect is taken into custody,
and the police carries out a process of
interrogations that tends itself to eliciting
incriminating statements
 It shall include issuing an invitation to a person
investigated in connection with an offense he
is suspected to have committed, without
prejudice to the liability of the inviting officer
for any violation of law.
Rights of Persons Arrested, Detained and Under
Custodial Investigation
1) Right to counsel – In absence of any lawyer, no
custodial investigation shall be conducted and
suspected person can only be detained in
accordance with the provision of Art 125.
2) Right to be informed of his right to remain
silent and to counsel
3) Right to be allowed visits
 Immediate family
 By his counsel
 Any medical doctor or religious
minister chosen by him or by
any member of his immediate
family
 Any NGO duly accredited by
the Commission on Human
Rights or by any international
NGO duly accredited by the
Office of the President.
Waiver under Article 125
Any waiver by a person arrested or detained under the
provisions of Article 125 of the RPC, or under
custodial investigation, shall be in writing and signed
by such person in the presence of his counsel;
otherwise, the waiver shall be null and void and no
effect.
Article 126
Delaying release. - The penalties provided for in Article
124 shall be imposed upon any public officer or
employee who delays for the period of time specified
therein the performance of any judicial or executive
order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice
of such order to said prisoner or the proceedings
upon any petition for the liberation of such person.
Three acts punishable under Art 126
1) By delaying the performance of a judicial or
executive order for the release of the prisoner
2) By undue delaying of 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
 Usually, wardens and jailers and peace
officers temporarily in charge of the
custody of prisoners and detained
persons.
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:
 The service of notice of such order to
the prisoner
 The performance of judicial and
executive order fort the release of the
person
 The proceedings upon a petition for
the release of such person
Article 127
Expulsion. - The penalty of prision correccional shall be
imposed upon any public officer or employee who,
not being thereunto authorized by law, shall expel
any person from the Philippine Islands or shall
compel such person to change his residence.
Two acts punishable under Article 127
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
Acts of expulsion authorized by law
 Ejectment proceedings
 Destierro – Penalty which compels a
person to change residence
 Expropriation proceedings – Regallian
Doctrine
Section 2 – Violation of domicile
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
What are crimes known as violation of domicile?
1) Violation of domicile by entering a dwelling
against the will of the owner thereof or making
search without previous consent of the owner.
(Art 128)
2) Search warrants maliciously obtained and
abuse in the service of those legally obtained
(Art 129)
3) Searching domicile without witnesses (Art 130)
Article 128
Violation of domicile. - The penalty of prision correccional
in its minimum period shall be imposed upon any public
officer or employee who, not being authorized by
judicial order, shall enter any dwelling against the will
of the owner thereof, search papers or other effects
found therein without the previous consent of such
owner, or having surreptitiously entered said
dwelling, and being required to leave the premises,
shall refuse to do so.
If the offense be committed in the night-time, or if
any papers or effects not constituting evidence of a
crime be not returned immediately after the search
made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
Three acts punishable under Art 128
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 the
owner.
3) By refusing to leave the premises, after
having surreptitiously entered the dwelling
and having been required to leave the same.
Elements
1) That the offender is a public officer or
employee
 If private individual, trespass to
dwelling (Art 280)
2) That he is not authorized by judicial order to
enter the dwelling and/or to make a search
therein for papers or other effects
 A public officer or employee is
authorized by judicial order when he is
armed with a search warrant duly
issued by the court.
By entering any dwelling against the will of the
owner thereof
 Presupposes opposition or prohibition
by said owner, whether express or
implied.
 If the entrance is only without consent
of the owner, the crime is not
committed.
 An officer, in order to make an arrest
either by virtue of a warrant or without
a warrant may break into the building
or enclosure where the person to be
arrested is or is reasonably believed
to be, if he refused admittance
thereto, after announcing his
authority and purpose (knock and
announce doctrine)
 A peace officer without search warrant
cannot lawfully enter the dwelling
against the will of the owner. No
amount of incriminating evidence,
whatever its source, will supply the
place of a search warrant.
By searching papers or other effects found therein
without the previous consent of the owner.
 When one voluntarily submits to a
search or consents to have it made
upon his person or his premises, he is
precluded from later complaining
thereof.
 The right to be secured from
unreasonable search may, like every
other right, be waived either expressly
or impliedly.
 Art 128 is not applicable when a public
officer searched a person outside
his dwelling without search
warrant. The papers and other effects
must be found inside the dwelling.
 If the person lives in a vehicle, then it
may be the subject of the search
warrant
By refusing to leave the premises, after having
surreptitiously entered the dwelling and having
been required to leave the same.
 One of the instances where a public
officer or employee may commit
violation of domicile even if the
entrance is only without the consent
of the owner
 In this case, what constitutes the crime
is the refusal of the offender to leave
the premises when required to do so
Circumstances qualifying the offense
1) If the offense is committed at nighttime
2) If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender.
Article 129
Search warrants maliciously obtained and abuse in the service
of those legally obtained. - In addition to the liability
attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its
maximum period to prision correccional in its minimum
period and a fine not exceeding P200,000 pesos shall
be imposed upon any public officer or employee
who shall procure a search warrant without just
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
cause, or, having legally procured the same, shall
exceed his authority or use unnecessary severity in
executing the same.
Two acts punishable in connection with search
warrants
1) By procuring a search warrant without just
cause
Elements
1) That the offender is a public officer or
employee
2) That he procures a search warrant
3) That there is not just cause
Search warrant defined



Order in writing issued in the
name of the People of the
Philippines
Signed by a judge
Directed to a peace officer
commanding him to search for
personal property described
therein and bring it before the
court
4)
5)
6)
Personal properties to be seized


Subject of the offense
Those used or intended to be
used as the means of
committing an offense
(People v. Sapla) The known jurisprudential instances
of reasonable warrantless searches and seizures are:
1) warrantless search incidental to a lawful
arrest – A lawful arrest may be made without
warrant in certain cases in which a search may
lawfully be made to find and seize things
connected with a crime as its fruits or as the
means by which it was committed. (Alvero v.
Dizon)
2) seizure of evidence in plain view;
3) search of a moving vehicle – Carroll
Doctrine, allowed in recognition of the
impracticability of securing a warrant under
said circumstances as the vehicle can be quickly
moved out of the locality or jurisdiction in
which the warrant may be sought. Peace
officers in such cases, however, are limited to
routine checks where the examination of the
vehicle is limited to visual inspection.
An extensive search of a vehicle is
permissible, but only when "the officers
made it upon probable cause, i.e., upon a
belief, reasonably
arising
out
of
circumstances known to the seizing officer,
that an automobile or other vehicle
contains [an] item, article or object
which
7)
8)
by law is subject to seizure and
destruction.
However, in order for the search of
vehicles in a checkpoint to be non-¬violative
of an individual's right against unreasonable
searches, the search must be limited to the
following: a) where the officer merely draws
aside the curtain of a vacant vehicle which is
parked on the public fair grounds; (b) where
the officer simply looks into a vehicle; (c)
where the officer flashes a light therein without
opening the car's doors; (d) where the
occupants are not subjected to a physical or
body search; (e) where the inspection of the
vehicles is limited to a visual search or visual
inspection; and (f) where the routine check is
conducted in a fixed area.
consented warrantless search;
customs search - Search without warrant
under the Tariff and Customs Code does not
include a dwelling house
stop and frisk – Terry Doctrine, the policing
practice of stopping a person briefly in order to
search them for weapons or prohibited items.
A frisk is a limited protective search for
concealed
weapons
or
dangerous
instruments. A police officer may frisk any
person whom that officer has stopped when
the officer reasonably suspects that the person
is carrying a concealed weapon or dangerous
instrument.
exigent and emergency circumstances.
Airport and jail security
Rule on anonymous tips
Law enforcers cannot act solely on the basis of
confidential or tipped information. A tip is still hearsay
no matter how reliable it may be. It is not sufficient to
constitute probable cause in the absence of any other
circumstance that will arouse suspicion.
A two-pronged test must be satisfied in order
to determine whether an informant's tip is sufficient in
engendering probable cause, i.e.,
(1) the informant's "basis of knowledge" must be
revealed and
(2) sufficient facts to establish either the informant's
"veracity" or the "reliability" of the informant's report
must be provided
[i]t is the police officer who should observe
facts that would lead to a reasonable degree of
suspicion of a person. The police officer should not
adopt the suspicion initiated by another person. This is
necessary to justify that the person suspected be
stopped and reasonably searched. Anything less than
this would be an infringement upon one's basic right
to security of one's person and effects." The Court
explained that "the police officer, with his or her
personal knowledge, must observe the (acts leading
to the suspicion of an illicit act," and not merely rely on
the information passed on to him or her.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Requisites for issuing search warrant
1) there must be probable cause:
 to be determined personally by the
judge after examination
 under oath or affirmation of the
complainant and the witnesses he may
produce
 Probable cause – facts and circumstances
which would lead a reasonably discreet and
prudent man to believe that an offense has
been committed and that the object sought in
connection with the offense are in the place
sought to be searched.
2) It must particularly describe the places to be
searched and the things to be seized which may
be anywhere in the Philippines
Characteristics of a search warrant
1) Cannot adjudicate ownership
2) Not a civil nor a criminal action – special
criminal procedure
Validity of a search warrant v. warrant of arrest
Search Warrant
Warrant of arrest
10 days from date, which 10 days from date, which
is mandatory
is only directory
The 10-day period may be dispensed with if there are
reasonable circumstances which would warrant a
longer period.
Test of lack of just cause
The true test of lack of just cause is 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 be
held liable for damages caused.
“In addition to the liability attaching to the
offender for the commission of any other offense”
= perjury + search warrants maliciously obtained
 They cannot form a complex crime
 They are separate and distinct and to be
punished by their respective penalties
Fruits of the poisonous tree doctrine/ nonexclusionary rule
Evidences obtained (fruits of the poisonous
tree) during unreasonable searches and seizures or
under a search warrant without probable cause and not
in accordance with the procedures prescribed or in
violation of the privacy of communication and
correspondence are not admissible as evidence.
2) By exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
Elements
1) That the offender is a public officer or
employee
2) That he has legally procured a search
warrant
3) That he exceeds his authority or uses
unnecessary severity in executing the same
Article 130
Searching domicile without witnesses. - The penalty of
arresto mayor in its medium and maximum periods
shall be imposed upon a public officer or employee
who, in cases where a search is proper, shall search
the domicile, papers or other belongings of any
person, in the absence of the latter, any member of
his family, or in their default, without the presence
of two witnesses residing in the same locality
Elements
1) That the offender is a public officer or
employee
2) That he is armed with search warrant legally
procured
3) That he searches the domicile, papers or other
belongings of any person
4) That the owner, or any member of his family,
or two witnesses residing in the same locality
are not present.
 Simultaneous search is prohibited
 The papers or other belongings must
be in the dwelling of their owner at
the time the search is made
 Does not apply to searched of vehicles
or other means of transportation
 Search without warrant under the
Tariff and Customs Code does not
include a dwelling house
Rule 126 of the Revised Rules of Criminal
Procedure
Section 4 – Search warrant upon probable cause
Section 8
 Witnesses must be the:
 Lawful occupant or family member
 In their absence, 2 witnesses of
sufficient age and discretion in the
same locality
 Consistent with Art 130 which requires at least
1 competent witness
Section 9 – Warrant must be served in the daytime,
unless the property is on the person or in the place
ordered to be searched, in which case a direction may
be inserted that it be served at day or night.
Section 3 - Prohibition, interruption
dissolution of peaceful meetings
and
Article 131
Prohibition, interruption and dissolution of peaceful meetings.
- The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
or interrupt the holding of a peaceful meeting, or
shall dissolve the same.
The same penalty shall be imposed upon a public
officer or employee who shall hinder any person
from joining any lawful association or from
attending any of its meetings.
The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together
with others, any petition to the authorities for the
correction of abuses or redress of grievances.
Three acts punishable under Article 131
1) By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or
by dissolving the same
2) By hindering any person from joining any
lawful association or from attending any of its
meetings
3) By prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of grievances
 Interrupting and dissolving the meeting of
municipal council by a public officer is a
crime against a legislative body under Act No
1755 and not punished under Article 131.
 The person talking on prohibited subject at the
public meeting contrary to agreement that no
speaker should touch on politics may be
stopped.
Section 4 - Crimes against religious worship
What are the crimes against religious worship?
1) Interruption of religious worship (Art 132)
2) Offending the religious feelings (Art 133)
Article 132
Interruption of religious worship. - The penalty of prision
correccional in its minimum period shall be imposed
upon any public officer or employee who shall
prevent or disturb the ceremonies or manifestations
of any religion.
If the crime shall have been committed with violence
or threats, the penalty shall be prision correccional in its
medium and maximum periods.
Elements
1) That the offender is a public officer or
employee
 If committed by a private individual or public
officer or employee who is a participant–
disturbance of public order (Article 153)
2) That he performs any of the acts mentioned
above
By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or by
dissolving the same
 To commit the crime defined in the first
paragraph of Article 131, the public officer
must act without legal ground. The meeting
must be:
1) Meeting must be peaceful
2) There is no legal ground for prohibiting, or
interrupting or dissolving that meeting
 The right to peaceful meeting is not absolute.
It may be regulated in order that it may not be
injurious to the equal enjoyment of others
having equal rights, nor injurious to the right of
the community or society and this may be
exercised under the police power.
 When the meeting is not peaceful, there is legal
ground for prohibiting it
 There is no legal ground to prohibit the holding
of a meeting when the danger apprehended is
not imminent and the evil to be prevented is
not a serious one.
 The offender must be a stranger, not a
participant, in the peaceful meeting. If the
public officer or employee is a participant, the
criminal liability is unjust vexation (Art 287)
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
 There is no provision of law which
requires that religious service to be
conducted in approved orthodox style
in order to merit its protection against
interference and disturbance.
3) That the offender prevents or disturbs the
same
Circumstances qualifying the offense
If the crime is committed with violence or
threats.
Article 133
Offending the religious feelings. - The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon anyone
who, in a place devoted to religious worship or
during the celebration of any religious ceremony
shall perform acts notoriously offensive to the
feelings of the faithful.
Elements
1) That the acts complained of were performed
 In a place devoted to religious worship
 During the celebration of any religious
ceremony
 It is not necessary that there is a
religious ceremony going on when the
offender performs acts notoriously
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
offensive to the feelings of the faithful
in a place devoted to religious worship.
 Religious ceremonies – are those
religious acts performed outside of a
church, such as proceedings and
special prayers for burying the dead
persons
2) That the acts must be 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
 There must be deliberate intent to hurt
the feelings of the faithful
 Offense to feelings is judged from
complainant’s point of view.
 MAY BE COMMITTED BY ANY
PERSON
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE III
Crimes Against Public Order
CHAPTER ONE REBELLION, COUP
D’ETAT, SEDITION, AND DISLOYALTY
Article 134
Rebellion or insurrection; How committed. - The crime of
rebellion or insurrection is committed by rising
publicly and taking arms against the Government for
the purpose of removing from the allegiance to said
Government or its laws, the territory of the
Philippine Islands or any part thereof, of any body
of land, naval or other armed forces, depriving the
Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
Elements
1) (NORMATIVE ELEMENT) That there be
a) Public uprising and
b) Taking arms against the government
THE CRIME OF REBELLION IS
COMPLETE THE VERY MOMENT
A GROUP OF REBELS RISE
PUBLICLY AND TAKE ARMS
AGAINST THE GOVERNMENT,
FOR
THE
PURPOSE
OF
OVERTHROWING THE SAME BY
FORCE.
 Actual clash of arms with the
forces of the Government is not
necessary
 Those merely acting as couriers or
spies for the rebels are guilty of
rebellion. The mere fact that the
accused knowingly identified
himself with the organization
openly fighting to overthrow the
Government is enough.
 It is not necessary that the rebels
succeed in overthrowing the
government
2) (SUBJECTIVE ELEMENT) That the
purpose of the uprising or movement is either
a) To remove from the allegiance to said
government or its laws:
 The territory of the Philippines or
any part thereof or,
 Any body of land, naval or other
armed forces
b) To deprive the Chief Executive or
Congress, wholly or partially of any of their
powers or prerogatives
Rebellion and insurrection are not synonymous
Rebellion
Insurrection
The movement is completely
to overthrow and supersede
the government.
In reference to a movement
which seeks merely to
1) effect
some
change of minor
importance, or
2) to prevent the
exercise
of
governmental
authority
with
respect
to
particular matters
or subjects.
There must be public uprising and taking up of arms
Nature of crime of rebellion/ inciting to rebellion
 crime of masses or of a multitude
 evokes not merely a challenge to the
constituted authorities, but also civil war of a
bigger or lesser scale
Rebellion v. Treason
Rebellion
The public uprising and
taking up arms are
against own country
Giving of aid or comfort
is not criminal
Levying of war against
the Government is done
during times of peace
Rebellion v. Subversion
Rebellion
Crime against public
order
Punishable under RPC
Treason
There is adherence to the
enemy country
Giving of aid or comfort
is criminal
Levying of war against
the Government is done
during times of war
Subversion
Crime against national
security
Not punishable under
any law
REPUBLIC ACT NO 11479
Anti-terrorism Act of 2020
Punishable acts
1. Terrorism
2. Threat to commit terrorism
3. Planning, training, preparing and facilitating
the commission of terrorism
4. Conspiracy to commit terrorism
5. Proposal to commit terrorism
6. Inciting to commit terrorism
7. Recruitment to and membership in a terrorist
organization
8. Foreign terrorist
9. Providing material support to terrorist –
liable as principals
10. Accessory to terrorism
Penalties
Life imprisonment without the benefit of parole and
the benefits of RA 10592 – 1,3,4,7(recruitment),8
Imprisonment of 12 years – 2, 5, 6,7(membership),10
Terrorist organization, association, or group of
persons
Terrorist organization, association, or group of
persons shall refer to any entity organized for the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of engaging in terrorism, or those proscribed
under Sec 26 of the Act, or the United Nations
Security Council designated terrorist organization.
Article 134-A
Coup d'etat; How committed. - The crime of coup d'etat
is a swift attack accompanied by violence,
intimidation, threat, strategy or stealth, directed
against duly constituted authorities of the Republic
of the Philippines, or any military camp or
installation, communications network, public
utilities or other facilities needed for the exercise and
continued possession of power, singly or
simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to
the military or police or holding any public office of
employment with or without civilian support or
participation for the purpose of seizing or
diminishing state power. (As amended by R.A.
6968).
Elements
1) That the offender is any person or persons,
belonging to the military or police or holding
any public office or employee
 Person
 Military
 Police
 Those holding any public office or
employee
2) It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth
3) That the attack directed against duly
constituted authorities of the Republic of the
Philippines, or any military camp or
installation, communications network, public
utilities or other facilities needed for the
exercise and continued possession of power
 May be committed with or without civilian
participation
4) That the purpose of the attack is to seize or
diminish state power
Article 135
Penalty for rebellion, insurrection or coup d'etat. - Any
person who promotes, maintains, or heads rebellion
or insurrection shall suffer the penalty of reclusion
perpetua.
Any person merely participating or executing the
commands of others in a rebellion shall suffer the
penalty of reclusion temporal.
Any person who leads or in any manner directs or
commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.
Any person in the government service who
participates, or executes directions or commands of
others in undertaking a coup d'etat shall suffer the
penalty of prision mayor in its maximum period.
Any person not in the government service who
participates, or in any manner supports, finances,
abets or aids in undertaking a coup d'etat shall suffer
the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall
be under the command of unknown leaders, any
person who in fact directed the others, spoke for
them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or
the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup d'etat. (As amended
by R.A. 6968, approved on October 24, 1990).
Who are liable for rebellion, insurrection and/or
coup d’etat?
1) Leaders
a) Known leaders
 Rebellion/insurrection
–
promotes, maintains, heads
 Coup d’etat – leads, directs,
commands
b) Unknown leaders – any person who in
fact directed the others, spoke for them,
signed the receipts, and other documents
issued in their name, or performed similar
acts shall be deemed leaders.
2) Participants – for coup d’etat, both persons in
the government and non-government services
 Rebellion/insurrection
–
participates, executes, commands
 Coup d’etat – participates,
executes, commands, finances,
abets, aids in the undertaking (both
government and non-government)
THAT THE ACCUSED NEVER TOOK THE
OATH OF ALLEGIANCE TO, OR THAT
THEY NEVER RECOGNIZED THE
GOVERNMENT IS NOT A DEFENSE IN
REBELLION/INSURRECTION/COUP
D’ETAT
Rebellion cannot be complexed with murder and
other common crimes

Engaging in war against the
government and committing serious violence
imply everything that war connotes and said
resort to arms, with the resulting impairment
or destruction of life and property, constitutes
not two or more offenses, but only one crimethat of rebellion plain and simple

No application for Art 48 (highest
penalty among the crimes applied in the
maximum)
Hernandez ruling
 Binding doctrine with the effect of law since
Art 142-A was already repealed.
 Applies only to rebellion
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Prohibits the complexing rebellion with any
other offense committed on the occasion
thereof, either as
 Means to its commission
 Unintended effect of an activity that
constitutes rebellion

Some crimes considered absorbed in
rebellion
1) Murder
2) Use of loose firearm – also absorbed in
attempted coup d’etat
3) Physical injuries
4) Homicide
5) Arson
Political offense doctrine
Common crimes, perpetrated in furtherance of
a political offense, are divested of their character as
common offenses and assume the political complexion
of the main crime of which they are mere ingredients,
and consequently, cannot be punished separately from
the principal offense or complexed with the same, to
justify the imposition of a graver penalty.

Killing, robbing etc for private
purposes or profit, without any political
motivation, would be separately punished and
not absorbed

Political and common crimes are
distinguished by the intent or purpose.
Article 136
Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. - The conspiracy and proposal to commit
coup d'etat shall be punished by prision mayor in
minimum period and a fine which shall not exceed
eight thousand pesos 1,000,000.
The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which
shall not exceed 1,000,000 and by prision correccional in
its medium period and a fine not exceeding 400,000
(As amended by R.A. 6968, approved October 24,
1990).
REVIEW:
Conspiracy = AGREEMENT + DECISION
Proposal = DECISION + PROPOSAL
 Organizing a group of soldiers, soliciting
membership in, and soliciting funds from the
people for, the organization, show conspiracy
to overthrow the government
 Examples where no conspiracy to commit
rebellion
1) Mere fact of giving and rendering speeches
favoring Communism
2) The fact that some of the accused, like the
appellants, had made and designed flags for
the Sakdalista Party
Article 137
Disloyalty of public officers or employees. - The penalty of
prision correccional in its minimum period shall be
imposed upon public officers or employees who
have failed to resist a rebellion by all the means in
their power, or shall continue to discharge the duties
of their offices under the control of the rebels or
shall accept appointment to office under them.
(Reinstated by E.O. No. 187).
Elements
1) The offender must be a public officer or
employee
2) That he performs acts of disloyalty
 It presupposes the existence of rebellion
 By failing to resist a rebellion by all
the means in their power; or
 By continuing to discharge the
duties of their offices under the
control of the rebels
 By accepting appointment to office
under them
The offender under Art 137 must not be in
conspiracy with the rebels
The public officer or employee who performs
any of the acts of disloyalty should not be in conspiracy
with the rebels; otherwise, he will be guilty of
rebellion, not merely disloyalty, because in conspiracy,
the act of one is an act of all.
Article 138
Inciting a rebellion or insurrection. - The penalty of prision
mayor in its minimum period shall be imposed upon
any person who, without taking arms or being in
open hostility against the Government, shall incite
others to the execution of any of the acts specified
in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end. (Reinstated
by E.O. No. 187).
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 tending to the same end
Inciting to rebellion distinguished from proposal
to commit rebellion
Inciting to rebellion
Proposal to commit
rebellion
Offender induces another to commit rebellion
Not required that the The
person
who
offender has decided to proposes has decided to
commit rebellion
commit rebellion
The act of inciting is The
person
who
done publicly
proposes the execution
of the crime uses secret
means
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Rebellion should not be committed
In both proposal and inciting to commit
rebellion, the crime of rebellion should not be
actually committed by the persons to whom it is
proposed or who are incited. If they commit the
rebellion because of the proposal or the inciting, the
proponent or the one inciting becomes a principal
by inducement in the crime of rebellion, provided
that the requisites of paragraph No. 2 of Art. 17 of the
Revised Penal Code are present.
Art. 139
Sedition — How committed. — The crime of sedition is
committed by persons who rise publicly and
tumultuously
in order to attain by force,
intimidation, or by other means outside of legal
methods, any of the following objects:
1) To prevent the promulgation or execution of
any law or the holding of any popular
election;
2) To prevent the National Government, or
any provincial or municipal government, or
any public officer thereof from freely
exercising its or his functions, or prevent the
execution of any administrative order;
3) To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
4) To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class; and
5) To despoil, for any political or social end,
any person, municipality or province, or the
National Government (or the Government
of the United States) of all its property or any
part thereof. (As amended by Com. Act No.
202)
Elements
1) That the offenders rise (1) publicly, and (2)
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:
a) To prevent the promulgation or execution
of any law or the holding of any popular
election;
(PREVENT
PROMULGATION
OF
LAW/HOLDING OF A POPULAR
ELECTION)
b) To prevent the National Government, or
any provincial or municipal government, or
any public officer thereof from freely
exercising its or his functions, or prevent
the execution of any administrative order;
(PREVENT FREE EXERCISE OF
FUNCTION)
c) To inflict any act of hate or revenge upon
the person or property of any public officer
or employee; (PUBLIC HATE OR
REVENGE)
d) To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class; and
(PRIVATE HATE OR REVENGE)
e) To despoil, for any political or social end,
any person, municipality or province, or
the National Government of all its
property or any part thereof. (DESPOIL
PROPERTY OF ANY PERSON)
Nature of the crime.
Sedition, in its general sense, is the raising of
commotions or disturbances in the State.
The ultimate object of sedition is a violation of
the public peace or at least such a course of measures
as evidently engenders it.
Rebellion v. Sedition
Rebellion
Sedition
There is public uprising
Taking up arms against Tumultuous
the government
Political
Political or social (ex.
Hate or revenge may be
public or private)
Can sedition be committed by one person?
NO, it can be committed by at least 4 people
who are armed or provided with means of violence.
Are common crimes absorbed in sedition?
AUTHOR’S NOTE
 Since sedition may be for political or social
ends, it is not covered in the political offense
doctrine. Hence, common crimes are not
absorbed.
 Also not covered by Hernandez ruling since it
is only for rebellion
Article 140
Penalty for sedition. - The leader of a sedition shall
suffer the penalty of prision mayor in its minimum
period and a fine not exceeding 2,000,000 pesos.
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period
and a fine not exceeding 1,000,000 pesos.
(Reinstated by E.O. No. 187).
Persons liable for sedition
The persons liable for sedition are:
1) The leader of the sedition, and
2) Other persons participating in the sedition.
Article 141
Conspiracy to commit sedition. - Persons conspiring to
commit the crime of sedition shall be punished by
prision correccional in its medium period and a fine not
The Revised Penal Code | VENTEROSO | 25
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
exceeding 400,000 pesos. (Reinstated by E.O. No.
187)*.
*No proposal to commit sedition
REVIEW:
Conspiracy = AGREEMENT + DECISION
Article 142
Inciting to sedition. - The penalty of prision correccional in
its maximum period and a fine not exceeding
400,000 pesos shall be imposed upon any person
who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment
of any of the acts which constitute sedition, by
means of speeches, proclamations, writings,
emblems,
cartoons,
banners,
or
other
representations tending to the same end, or upon
any person or persons who shall utter seditious
words or speeches, write, publish, or circulate
scurrilous libels against the (Government of the
United States or the Government of the
Commonwealth of the Philippines) or any of the
duly constituted authorities thereof, or which tend
to disturb or obstruct any lawful officer in executing
the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious
conspiracies or riots, or which lead or tend to stir up
the people against the lawful authorities or to disturb
the peace of the community, the safety and order of
the Government, or who shall knowingly conceal
such evil practices. (Reinstated by E.O. No. 187).
Different acts of inciting to sedition
1) Inciting others to the accomplishment of any
of the acts which constitute sedition, by means
of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending to the same end, or (INCITING)
Inciting to sedition to accomplish any of its
objects
Elements
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
2) Uttering seditious words or speeches which
tend to disturb public peace (SEDITIOUS
WORDS), not necessary that it has objects of sedition

It is not necessary, in order to be
seditious, that the words used should in fact
result in a rising of the people against the
constituted authorities. The law is not aimed
merely at actual disturbance, as its purpose is
also to punish utterances which may endanger
public order.

Disturbance or disorder
necessary in inciting to sedition
is
not
TWO RULES IN SEDITIOUS
WORDS

The clear and present danger
rule – the words must be such of nature
that by uttering them there is a danger
of a public uprising and that such
danger should be both clear and
imminent. Present refers to the time
element

The dangerous tendency rule –
if the words used tend to create a
danger of public uprising, then those
words could properly be the subject of
a penal clause
3) Write, publish, or circulate scurrilous libels
against the Government (of the United States
or the Government of the Commonwealth) of
the Philippines, or any of the duly constituted
authorities thereof, which tends to disturb
public peace (SCURRILOUS LIBELS), not
necessary that it has objects of sedition
Uttering seditious words or speeches and
writing,
publishing
or
circulating
scurrilous libels are punishable when1) They tend to disturb or obstruct any lawful
officer in executing the functions of his
office, or
2) They tend to instigate others to cabal
and meet together for unlawful purposes,
or
 A theatrical play which tended to instigate
others to cabal and meet together for
unlawful purposes was held to be sedition
(US v. Tolentino)
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 to disturb
the peace of the community, the safety and
order of the Government
Unlawful rumor-mongering and spreading false
information
It is committed by any person who shall:
1) Offer, publish, distribute, circulate and spread
rumors, false news and information and gossip,
or
2) Cause the publication, distribution, circulation
or spreading of the same,
 tend to cause panic,
 divisive effects among the people,
 discredit of or distrust for the duly
constituted authorities,
The Revised Penal Code | VENTEROSO | 26
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

undermine the stability of the
Government and the objectives of the
New Society,
 endanger the public order, or
 cause damage to the interest or credit
of the State.
The penalty is prision correccional or 6 months
and 1 day to 6 years imprisonment.
If the offender is a government official or
employee, the accessory penalty of absolute
perpetual disqualification from hording any
public office shall be imposed. (Presidential Decree
No. 90, which took effect on January 6. 1973)
CHAPTER TWO CRIMES AGAINST
POPULAR REPRESENTATION
Section One - Crimes against legislative bodies and
similar bodies
Article 143
Act tending to prevent the meeting of the Assembly and
similar bodies. - The penalty of prision correccional or a
fine ranging from 40,000 to 400,000 pesos, or both,
shall be imposed upon any person who, by force or
fraud, prevents the meeting of the National
Assembly (Congress of the Philippines) or of any of
its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
of any provincial board or city or municipal council
or board. (Reinstated by E.O. No. 187).
Elements
1) That there be a projected or actual meeting of
the Congress or any of its committees or
subcommittees, Constitutional Commissions
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.

Chief of police and mayor who
prevented the meeting of the municipal
council are liable under Art 143. (AUTHOR’S
NOTE: This is an exception in Art 131.)
Article 144
Disturbance of proceedings. - The penalty of arresto mayor
or a fine from 40,000 to 200,000 pesos shall be
imposed upon any person who disturbs the meetings
of the National Assembly (Congress of the
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board, or in the
presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair
the respect due it. (Reinstated by E.O. No. 187).
Elements
1) That there be a meeting of the Congress or any
of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board.

It must be a meeting of a legislative
body or of provincial board or city or
municipal council or board which is
disturbed

Commenced upon written complaint
of a member of the board which were
disturbed or interrupted

May not be prosecuted de oficio
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.

He may be also punished for
contempt by the Assembly (contempt –
coercive in nature, disturbance od proceedings
- punitive in nature)
Section Two - Violation of parliamentary immunity
Article 145
Violation of parliamentary immunity. - The penalty of
prision mayor shall be imposed upon any person who
shall use force, intimidation, threats or fraud to
prevent any member of the National Assembly
(Congress of the Philippines) from attending the
meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
from expressing his opinions or casting his vote; and
the penalty of prision correccional shall be imposed
upon any public officer or employee who shall, while
the Assembly (Congress) is in regular or special
session, arrest or search any member thereof, except
in case such member has committed a crime
punishable under this Code by a penalty higher than
prision mayor. (As amended by Com. Act No. 264)
Acts punishable under Art. 145
1) By using force, intimidation, threats, or frauds
to prevent any member of the National
Assembly from (1) attending the meetings of
the Assembly or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or from (2)
expressing his opinions, or (3) casting his vote.
(PREVENTION OF PREROGATIVES)
Elements
 That the offender uses force, intimidation,
threats or fraud
 That the purpose of the offender is to prevent
any member of the National Assembly from —
a) attending the meetings of the
The Revised Penal Code | VENTEROSO | 27
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Assembly or of any of its committees
or constitutional commissions, etc.;
b) expressing his opinions;
c) casting his vote.
Note: The offender is any person.
2) By arresting or searching any member thereof
while the National Assembly is in regular or
special session, except in case such member
has committed a crime punishable under the
Code by a penalty higher than prision mayor.
(VIOLATING
PARLIAMENTARY
IMMUNITY)
Elements
 That the offender is a public officer or
employee;
 That he arrests or searches any member of the
National Assembly;
 That the Assembly, at the time of arrest or
search, is in regular or special session;
 That the member arrested or searched has not
committed a crime punishable under the Code
by a penalty higher than prision mayor.
Parliamentary immunity does not protect
members of the National Assembly from
responsibility before the legislative body itself
For unparliamentary conduct, members of
Parliament or of Congress have been, or could be
censured, committed to prison, suspended, even
expelled by the votes of their colleagues.
Conflict between Constitution and RPC
Constitution – not more than 6 years – parliamentary
immunity, member of Congress who has committed a
crime punishable by prision mayor (6 yrs. and 1 day to
12 years) is not liable under Art. 145
RPC – prision mayor is not liable
RECON – “by penalty of prision mayor and higher”
CHAPTER THREE
ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
Article 146
Illegal assemblies. — The penalty of prision correccional in
its maximum period to prision mayor in its medium
period shall be imposed upon the organizers or
leaders of any meeting attended by armed persons
for the purpose of committing any of the crimes
punishable under this Code, or of any meeting in
which the audience is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority or his
agents. Persons merely present at such meeting shall
suffer the penalty of arresto mayor, unless they are
armed, in which case the penalty shall be prision
correccional.
If any person present at the meeting carries
an unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned,
is to commit acts punishable under this Code, and
he shall be considered a leader or organizer of the
meeting within the purview of the preceding
paragraph.
As used in this article, the word "meeting"
shall be understood to include a gathering or group,
whether in a fixed place or moving. (Restored by
E.O. No. 187, March 21, 2003)
What are illegal assemblies?
They are:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code. (ARMED
PERSONS)

Not all must be armed, because the law
does not state how many of the persons
attending the meeting must be armed.

It is said that a good number, say, at
least, four must be armed.

Merely present – liable if there is
INTENT
Requisites
a) That there is a meeting, a gathering or
group of persons, whether in a fixed place
or moving;
b) That the meeting is attended by armed
persons;
c) That the purpose of the meeting is to
commit any of the crimes punishable under
the Code.
Art 146 (1)
Art 146 (2)
Armed persons – good Actual inciting – at least
number of 4
2 persons
2) Any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition, or assault upon a person in
authority or his agents.
Requisites:
a) That there is a meeting, a gathering or
group of persons, whether in a fixed place
or moving.
 Peaceful assembly for lawful
discussion cannot be made a
crime
b) That the audience, whether armed or not,
is incited to the commission of the crime
of treason, rebellion or insurrection,
sedition or direct assault.

There must be actual inciting
Art 142, 138
Art 146 (2)
Inciting to sedition Illegal assemblies
and rebellion
Actual inciting is There must be actual
immaterial
inciting
Done secretly
Done publicly
The Revised Penal Code | VENTEROSO | 28
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

The persons liable are the organizers
or leaders and merely present (illegal
assembly), one inciting them (inciting to
rebellion or sedition)

Merely present – liable if there is
INTENT
Responsibility of persons merely present at the
meeting
1) If they are not armed, the penalty is arresto
mayor.
2) If they carry arms, like bolos or knives, or
licensed firearms, the penalty is prision
correccional. (NOT ONLY LIMITED TO
FIREARMS)
The word "meeting" includes a gathering or
group which is moving
A gathering or group, whether in a fixed place
or moving, is included in the word "meeting."
BP 880
The Public Assembly Act of 1980
Public assembly – rally, demonstration, march,
parade, procession or any other form of mass or
concerted action held in a public place for the purpose
of presenting a lawful cause; expressing opinions,
protesting or influencing the state affairs, petitioning
the government for redress of grievances
When written permit required
- For any person or persons to organize and hold
a public assembly in a public place
XPN:
1) Freedom park duly established by law or
ordinance
2) Private property, in which case only the
consent of the owner or the one entitled to its
legal possession is required
3) The campus of a government owned and
operated educational institution which shall be
subject to the rules and regulations of said
educational institution
Prohibited act
The holding of any public assembly by any
leader or organizer without having first secured that
written permit where a permit is required from the
office concerned, or the use of such permit for such
purposes in any place other than those set out in said
permit shall constitute a violation of the Act. XPN:
NO PERSON CAN BE PUNISHED OR HELD
CRIMINALLY LIABLE FOR PARTICIPATING
IN OR ATTENDING AN OTHERWISE
PEACEFUL ASSEMBLY
REVOCATION OF PERMITS TO RALLY
MAY ONLY BE MADE AFTER DUE
NOTICE AND HEARING
Article 147
Illegal associations. — The penalty of prision correccional
in its minimum and medium periods" and a fine not
exceeding 200,000 pesos shall be imposed upon the
founders, directors, and presidents of associations
totally or partially organized for the purpose of
committing any of the crimes punishable under this
Code or for some purpose contrary to public morals.
Mere members of said associations shall suffer the
penalty of arresto mayor.
What are illegal associations?
They are:
1) Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code.
2) Associations totally or partially organized for
some purpose contrary to public morals.
Persons liable for illegal association:
1) Founders of the association.
2) directors of the association
3) president of the association
4) Members of the association
Illegal association and illegal assembly
distinguished
Illegal assembly
Illegal association
It is necessary that there It is not necessary that
is an actual meeting or there is an actual meeting
assembly of
1) armed persons
for the purpose
of committing
any of the crimes
punishable
under the code
2) individuals who,
although
not
armed,
are
incited to the
commission of
treason,
rebellion,
sedition,
or
assault upon a
person
in
authority or his
agent
It is the meeting and It is the act of forming or
attendance at such organizing
and
meeting
that
are membership in the
punished
organization that is
punished
Persons liable are:
Persons liable are:
1) organizers
or
1) founders
leaders
2) directors and
2) persons present
president
in the meeting
3) members
Subversion
 first punished under RA 1700
 there is currently no law which punishes
subversion
 mere membership in CPP is punishable
The Revised Penal Code | VENTEROSO | 29
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Acts punished under the Anti-Subversion Act
(Rep. Act No. 1700)
1) Knowingly, willfully and by overt acts (a)
affiliating oneself with, (b) becoming, or (c)
remaining a member of the Communist Party
of the Philippines and/or its successors or of
any subversive association as defined in Sec. 2
of the Act;
2) Conspiring with any other person to overthrow
the Government of the Republic of the
Philippines or the government of any of its
political subdivisions by force, violence, deceit,
subversion or other illegal means, for the
purpose of placing such government or
political subdivision under the control and
domination of any alien power; and
3) Taking up arms against the Government, the
offender being a member of the Communist
Party or of any subversive association as
denned in Sec. 2 of the Act.
What organizations are declared illegal and
outlawed under Sec. 2 of Rep. Act No. 1700?
1) The Communist Party, which is declared to be
an organized conspiracy
2) any other organization and their successors
having the purpose of overthrowing the
Government of the Republic of the Philippines
to establish in the Philippines a totalitarian
regime and place the Government under the
control and domination of an alien power
Violation of Anti-Subversion Act is distinct from
that of rebellion
Violation of Republic Act No. 1700, or
subversion, as it is more commonly called, is a crime
distinct from that of actual rebellion. The crime of
rebellion is committed by rising publicly and taking up
arms against the Government for any of the purposes
specified in Article 134 of the Revised Penal Code;
while the Anti-Subversion Act (Republic Act No.
1700) punishes affiliation or membership in a
subversive organization as defined therein. In
rebellion, there must be a public uprising and taking of
arms against the Government; whereas, in subversion,
mere membership in a subversive association is
sufficient, and the taking up of arms by a member of
a subversive organization against the Government is
but a circumstance which raises the penalty to be
imposed upon the offender. (People vs. Liwanag, 74
SCRA 473)
Acts punished under the Revised Anti-Subversion
Law (P.D. No. 885)
1) Knowingly, willfully and by overt act affiliating
with, becoming or remaining a member of a
subversive association or organization as
defined in Sec. 2 thereof;
2) Taking up arms against the Government, the
offender being a member of such subversive
association or organization.
What
are
subversive
associations
and
organizations under Sec. 2 of P.D. No. 885?
Any association, organization, political party,
or group of persons organized for the purpose of
1) overthrowing the Government of the Republic
of the Philippines or
2) removing from the allegiance to said
government or its laws, the territory of the
Philippines or any part thereof, with the open
or covert assistance or support of a foreign
power by force, violence, deceit or other illegal
means.
Article 148
Direct assaults. - Any person or persons who, without
a public uprising, shall employ force or intimidation
for the attainment of any of the purpose enumerated
in defining the crimes of rebellion and sedition, or
shall attack, employ force, or seriously intimidate or
resist any person in authority or any of his agents,
while engaged in the performance of official duties,
or on occasion of such performance, shall suffer the
penalty of prision correccional in its medium and
maximum periods and a fine not exceeding
P200,000 pesos, when the assault is committed with
a weapon or when the offender is a public officer or
employee, or when the offender lays hands upon a
person in authority. If none of these circumstances
be present, the penalty of prision correccional in its
minimum period and a fine not exceeding P100,000
pesos shall be imposed.
Direct assault and ordinary assault distinguished
Direct assault
Ordinary assault
Crime against public Crime against persons
order
Two ways of committing the crime of direct
assault
1) Without a public uprising, shall employ force
or intimidation for the attainment of any of
the purposes enumerated in defining the
crimes of rebellion and sedition, or
 Not necessarily a person in public
authority or his agent
Elements of the 1st form of direct assault
 That the offender employs force or
intimidation
 That the aim of the offender is to attain any
of the purposes of the crime of rebellion or
any of the objects in the crime of sedition.
 That there is no public uprising.
2) Without public uprising, shall attack, employ
force, or seriously intimidate or resist any
person in authority or any of his agents, while
engaged in the performance of official
duties, or on occasion of such performance
The Revised Penal Code | VENTEROSO | 30
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Elements of the 2nd form of direct assault
 That the offender
a) makes an attack,
 offensive or antagonistic action
 if there is fist blows but without hitting,
it is not considered as assault but
merely resistance to a public officer or
agent of a person in authority
b) employs force,
Public officer
Agent
Need not be serious Must be serious in
character
c) makes a serious intimidation, or
Public officer
Agent
Must be serious in Must be serious in
character
character
 must produce its effects immediately
d) makes a serious resistance.
Public officer
Agent
Must be serious in Must be serious in
character
character
 resistance must be active
 That the person assaulted is a person in
authority or his agent.
 Not every public officer is at the same
time a person in authority or an agent
of authority
 Includes teachers, professors and
persons charged with the supervision
of public or duly recognized private
schools, colleges, and universities, and
lawyers in the actual performance of
their professional duties or on the
occasion of such performance
 The status as a person in authority
being a matter of law, ignorance
thereof is no excuse
 Attacking a teacher who had inflicted
corporal punishment on a pupil is
direct assault
 Functions of the person in authority or
his agent must be clearly shown in the
information
Examples of agents of person in authority
1.) Policeman.
2.) Municipal treasurer, because he is only a deputy
ex officio of the provincial treasurer, a person in
authority within the province where the latter
exercises his jurisdiction.
3.) Postmaster, because he is only an agent of the
Director of Posts, a person in authority.
4.) Rural policeman, even if he is not provided
with a uniform and does not receive pay,
because he is duly appointed by the mayor of
the town and is provided with a badge.
5.) Sheriff
6.) Agents of the Bureau of Internal Revenue.
7.) Malacanang confidential agent.
8.) Barangay Chief Tanod
That at the time of the assault the person in
authority or his agent
a) is engaged in the actual performance of
official duties, or that he is assaulted,
 Performance of official duty includes
travelling to the place where he was
going to conduct an investigation
 When the persons in authority or their
agents descended into matters which
are private in nature, an attack made by
one against the other is not direct
assault
 When the agent of a person in
authority agrees to fight, it is still direct
assault because the character of a
person in authority or his agent is not
assumed or lad off at will, but attaches
to him until he ceases to be in office
 It is not direct assault when public
officer or his agent
1) exceeded his jurisdiction
2) employ unnecessary use of force or
violence in carrying out their duties
 When one acts in self-defense he is not
liable to direct assault or resistance nor
for physical injuries, because he acts in
legitimate defense (must not be greater
than what is necessary to repel
aggression)
 GR: An assault upon a person in
authority may be committed by
another
person
in
authority
(aggravating circumstance)
XPN: When there is an actual conflict
of jurisdiction (violates element
number 3)
b) by reason of the past performance of official
duties.
 The performance must be the
impelling motive of the attack
 It is not necessary that the person in
authority or his agent is in the actual
performance of his official duty when
attacked or seriously intimidated.
Evidence of motive
Actual performance
Past performance
Not important
Important

That the offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties.
 The accused must have the intention to
offend, injure, or assault the offended
party as a person in authority or agent
of authority
 The establishment in the course of the
trial of the fact that the petitioners
came to know that the victims were
agents cannot cure the lack of
The Revised Penal Code | VENTEROSO | 31
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

allegation in the information that
such fact was known to the accused,
which renders it defective.
 There must be intent to ignore,
disregard, much less defy the authority
or his agent
 The aggravating circumstance of
disregard of rank is inherent (not an
aggravating circumstance in Art 148) in
the charge of assault against a person in
authority or an agent of a person in
authority
That there is no public uprising.
 PUBLIC UPRISING = Rebellion
 PUBLIC
+
TUMULTUOUS
UPRISING = Sedition
Two kinds of direct assault in second form
1) Simple assault
2) Qualified assault
 When the assault was committed with
a weapon (includes stones, clubs, and
any other object with which some
physical injury may be inflicted)
 Offender is a public officer or
employee
 Offender lays hands upon a person in
authority
The crime of direct assault may be complexed
1) Serious or less serious physical injury
2) Murder
3) Homicide
THE CRIME OF SLIGHT PHYSICAL INJURIES
IS ABSORBED IN DIRECT ASSAULT, AS THE
SAME IS THE NECESSARY CONSEQUENCE
OF THE FORCE OR VIOLENCE INHERENT
IN ALL KINDS OF ASSAULT
Additional penalty for attacking ambassador or
minister
 Imprisoned not more than 3 years
 Fined not exceeding 200
Article 149
Indirect assaults. — The penalty of prision correccional in
its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000)
shall be imposed upon any person who shall make
use of force or intimidation upon any person coming
to the aid of the authorities or their agents on
occasion of the commission of any of the crimes
defined in the next preceding article. (As amended
by R.A. No. 10951, August 29, 2017)
Elements
1) That a person in authority or his agent is the
victim of any of the forms of direct assault
denned in Art. 148.
 Indirect assault can be committed only
when a direct assault is also committed
2) That a person comes to the aid of such
authority or his agent.
 The offended party in indirect assault
may be private persons
3) That the offender makes use of force or
intimidation upon such person coming to the
aid of the authority or his agent.
Article 150
Disobedience to summons issued by the National Assembly,
its committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions. —
The penalty of arresto mayor4 or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000) or both such fine and
imprisonment, shall be imposed upon any person
who, having been duly summoned to attend as a
witness before the Congress, its special or standing
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees,
or divisions, or before any commission or
committee chairman or member authorized to
summon witnesses, refuses, without legal excuse, to
obey such summons, or being present before any
such legislative or constitutional body or official,
refuses to be sworn or placed under affirmation or
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. The same penalty shall be imposed
upon any person who shall restrain another from
attending as a witness, or who shall induce
disobedience to a summons or refusal to be sworn
by any such body or official. (As amended by R.A.
No. 10951, August 29, 2017)
Acts punished
1) By refusing, without legal excuse, to obey
summons of the Congress, its special or
standing committees and subcommittees, the
Constitutional
commissions
and
its
committees, subcommittees or divisions, or by
any commission or committee chairman or
member authorized to summon witnesses.
 XPN: when the papers or documents
may be used in evidence against the
owner thereof, because it would be
equivalent to compelling him to be
witness against himself.
2) By refusing, without legal excuse, to be sworn
or placed under affirmation while being before
such legislative or constitutional body or
official.
 An oath is a verbal promise to tell the
truth made while holding the Bible. A
witness may choose to swear an oath
on another relevant religious text. An
affirmation is a verbal, solemn and
formal declaration, which is made in
place of an oath.
The Revised Penal Code | VENTEROSO | 32
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) By refusing, without legal excuse, 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.
 Power to investigate and prosecute a
crime is vested by law in the
prosecuting authorities of the
government and not the House or
Senate
 Passing a legislative measure – House
or Senate
 Refusing to answer any legal inquiry –
contempt of Congress
 Any acts punished by Art 150 may also
constitute contempt of congress
 The fact that a person is a prisoner of
the Senate or of the House does not
exclude other departments during his
incarceration
from
trying
or
investigating him in matters pertaining
to their spheres
4) By restraining another from attending as a
witness in such legislative or constitutional
body.
5) By inducing disobedience to a summons or
refusal to be sworn by any such body or
official.
Article 151
Resistance and disobedience to a person in authority or the
agents of such person. — The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who
not being included in the provisions of the preceding
articles shall resist or seriously disobey any person in
authority, or the agents of such person, while
engaged in the performance of official duties.
When the disobedience to an agent of a person in
authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from Two thousand
pesos (P2,000) to twenty thousand pesos (P20,000)
shall be imposed upon the offender.
1st paragraph
Persons in
authority and
agents
Simple
resistance
Serious
disobedience
2nd paragraph
Agents only
No resistance
Simple
disobedience
Elements of resistance and serious disobedience
(par. 1)
1) That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender.
 Must be in the actual performance of
their duties
2) That the offender resists or seriously disobeys
such person in authority or his agent.
 Failure to comply with orders directly
issued by the authorities in the
exercise of their official duties (not
failure to comply with legal provisions
of a general character or with judicial
decisions merely declaratory)
 The accused must have knowledge that
the person arresting him is a person in
authority
 There is justified resistance where there
is no right to make the search and an
adequate defense to repel the
aggression of the latter was done
3) That the act of the offender is not included in
the provisions of Art. 148. Direct assaults, Art.
149. Indirect assaults, and Art. 150.
Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees
or divisions.
Elements of simple disobedience (par. 2)
1) That an agent of a person in authority is
engaged in the performance of official duty or
gives a lawful order to the offender.
 The order must be lawful, otherwise
resistance is justified
2) That the offender disobeys such agent of a
person in authority.
3) That such disobedience is not of a serious
nature.
 The disobedience should not be of
serious nature
 The force must not be serious and
deliberate
Resistance
and Direct assault
disobedience
Attack or force is not Attack or force is
serious and deliberate serious
and
deliberate
Picketing (Republic Act No. 3600)
Picketing is a legitimate means of
economic coercion if it is confined to
persuasion, if it is free from molestation or
threat of physical injury or annoyance, and if
there exists some lawful justification for its
existence.
Article 152
Persons in Authority and Agents of Persons in Authority —
Who shall be deemed as such. — In applying the
provisions of the preceding and other articles of this
Code, any person directly vested with jurisdiction,
whether as an individual or as a member of some
court or government corporation, board, or
commission, shall be deemed a person in authority.
A barangay captain and a barangay chairman shall
also be deemed a person in authority.
The Revised Penal Code | VENTEROSO | 33
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
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, such
as a barrio councilman, barrio policeman and
barangay leader, and any person who comes to the
aid of persons in authority, shall be deemed an agent
of a person in authority.
In applying the provisions of articles 148 and 151 of
this Code, teachers, professors, and persons charged
with the supervision of public or duly recognized
private schools, colleges and universities, and
lawyers in the actual performance of their
professional duties or on the occasion of such
performance shall be deemed persons in authority.
(As amended by BP. Blg. 873, approved June
12,1985)
Person in authority
 any person directly vested with jurisdiction,
whether as an individual or as a member of
some court or government corporation, board,
or commission, shall be deemed a person in
authority.
 A barangay captain and a barangay chairman
shall also be deemed a person in authority.
The following are persons in authority:
1) The municipal mayor.
2) Division superintendent of schools.
3) Public and private school teachers
4) Teacher-nurse.
5) President of sanitary division
6) Provincial fiscal.
7) Justice of the Peace.
8) Municipal councilor.
9) Barrio captain and barangay chairman.
Agents
 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
 such as a barrio councilman, barrio policeman
and barangay leader, and any person who
comes to the aid of persons in authority
The following are considered agents:
1) Policeman.
2) Municipal treasurer, because he is only a deputy
ex officio of the provincial treasurer, a person in
authority within the province where the latter
exercises his jurisdiction.
3) Postmaster, because he is only an agent of the
Director of Posts, a person in authority.
4) Rural policeman, even if he is not provided
with a uniform and does not receive pay,
5)
6)
7)
8)
because he is duly appointed by the mayor of
the town and is provided with a badge.
Sheriff
Agents of the Bureau of Internal Revenue.
Malacanang confidential agent.
Barangay Chief Tanod
Article 153
Tumults and other disturbances of public order —
Tumultuous disturbance or interruption liable to cause
disturbance. — The penalty of arresto mayor in its
medium period to prision correccional in its minimum
period and a fine not exceeding Two hunded
thousand pesos (P200,000) shall be imposed upon
any person who shall cause any serious disturbance
in a public place, office or establishment, or shall
interrupt or disturb public performances, functions
or gatherings, or peaceful meetings, if the act is not
included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or
interruption of a tumultuous character.
The disturbance or interruption shall be deemed to
be tumultuous if caused by more than three persons
who are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon
any person who in any meeting, association, or
public place, shall make any outcry tending to incite
rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance
of the public order.
The penalty of arresto menor and a fine not to exceed
Forty thousand pesos (P40,000) shall be imposed
upon those persons who in violation of the
provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has
been legally executed.
What are tumults and other disturbances of public
order?
They are:
1) Causing any serious disturbance in a public
place, office or establishment;
 Must be planned or intended
Article 153
Article 155
Tumults and other Alarms and scandals
disturbances
of
public order
Serious disturbance Simple disturbance
2) Interrupting or disturbing performances,
functions or gatherings, or peaceful meetings,
if the act is not included in Arts. 131 and 132;
Article 153
Article 287
Arts 131 and 132
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Offender is a
1) Private
individual
2) Public officers
which are
participants
Any person
Acts punished are:
1) interrupting
meetings
and
religious
worship
2) disturbing
meetings
and
religious
worship
Acts punished
are:
1) seizure of
items
with
violence
2) other
coercions
Offender must be
1) public officer
or employee
2) public officer
or employee
who is not a
participant
Acts
punished
are:
1) prohibition
or
interruption/
disturbance
2) hindering
3) prohibiting
or hindering
any petition
for redress of
grievances
and
correction of
abuses
3) Making any outcry tending to incite rebellion
or sedition in any meeting, association or
public place;
 Outcry – to shout subversive or provocative
words tending to stir up the people to obtain
by means of force or violence of the objects of
rebellion or sedition
4) Displaying placards or emblems which
provoke a disturbance of public order in such
place;
Outcry or display of emblems
Article 153 (4)
Article 138
The offender should More or less an
have done the act unconscious
with
the
idea outburst
aforethought
of
inducing his bearers
or readers to commit
the
crime
of
rebellion or sedition
5) Burying with pomp the body of a person who
has been legally executed.
Qualifying circumstance
1) Tumultuous in character – penalty next higher
in degree
 Deemed to be tumultuous if caused by more
than 3 persons who are armed or provided
with means of violence
One who fired a submachine gun to cause
disturbance, but inflicted serious physical injuries
on another, may be prosecuted for two crimes
The one who fired the submachine gun
committed two offenses (causing serious disturbance
in a public place, the people present becoming panicky
and terrified, and serious physical injuries through
reckless imprudence), although they arose from the
same act of the offender.
Article 154
Unlawful use of means of publication and unlawful utterances.
— The penalty of arresto mayor* and a fine ranging
from Forty Thousand (P40,000) to Two hundred
thousand (P200,000) pesos shall be imposed upon:
1) Any person who by means of printing,
lithography, or any other means of
publication shall publish or cause to be
published as news any false news which may
endanger the public order, or cause damage
to the interest or credit of the State;
2) Any person who by the same means, or by
words, utterances or speeches, shall
encourage disobedience to the law or to the
constituted authorities or praise, justify, or
extol any act punished by law;
3) Any person who shall maliciously publish or
cause to be published any official resolution
or document without proper authority, or
before they have been published officially; or
4) Any person who shall print, publish, or
distribute or cause to be printed, published,
or distributed books, pamphlets, periodicals,
or leaflets which do not bear the real
printer's name, or which are classified as
anonymous.
Acts punished as unlawful use of means of
publication and unlawful utterances
1) By publishing or causing to be published, by
means of printing, lithography or any other
means of publication, as news any false news
which may endanger the public order, or cause
damage to the interest or credit of the State. –
FALSE NEWS
 Actual public disorder or damage is not
necessary
 There must be knowledge that the news is false
2) By 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.
–
ENCOURAGING
DISOBEDIENCE
3) By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially. – PUBLISH OF
RESOLUTION
WITHOUT
AUTHORITY
4) By 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. – ANONYMOUS PRINTING,
PUBLISHING, DISTRIBUTING
RA 248
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Republic Act No. 248 prohibits the reprinting,
reproduction or republication of government
publications and official documents without previous
authority.
"SEC. 1. The reprinting, reproduction or
republication by any private person or entity of
textbooks, manuals, courses of study, workbooks,
tentative objectives, tests, forms, and other
instructional aids prepared and published by the
former Bureau of Education, or by the present Bureau
of Public Schools, without the previous consent or
permission of the Secretary of Education, is
hereby prohibited.
Article 155
Alarms and scandals. — The penalty of arresto menor or
a fine not exceeding Forty Thousand pesos
(P40,000) shall be imposed upon:
1) Any person who within any town or public
place, shall discharge any firearm, rocket,
firecracker, or other explosive calculated to
cause alarm or danger;
2) Any person who shall instigate or take an
active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
3) Any person who, while wandering about at
night or while engaged in any other
nocturnal amusements, shall disturb the
public peace; or
4) Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places, provided that the
circumstances of the case shall not make the
provisions of Article 153 applicable.
Acts punished as alarms and scandals
1) Discharging any firearm, rocket, firecracker, or
other explosive within any town or public
place, calculated to cause (which produces)
alarm or danger. – DISCHARGING
FIREARMS AND EXPLOSIVES
Article 155
Alarms and scandals
Aimed elsewhere
Article 254
Discharge
of
firearms
Aimed toward a
person
 Que produsca alarma o peligro – “calculated
to cause alarm or danger” should be
“which produces alarm or danger”
 It is the result and not the intent which
counts. It must actually have produces
alarm or danger
 No distinction as to the place as long as
it produced alarm or danger
2) Instigating or taking an active part in any
charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility. –
INSTIGATING OR TAKING PART IN
CHARIVARI
 Charivari – medley of discordant
voices, a mock serenade of discordant
noises made on kettle, tins, horns etc
3) Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements. – DISTURBING
PUBLIC PEACE AT NIGHT
4) Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Art. 153 is not applicable. – DISTURBANCE
OR SCANDAL IN A PUBLIC PLACE
WHILE INTOXICATED
Article 156
Delivering prisoners from jail. — The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon any
person who shall remove from any jail or penal
establishment any person confined therein or shall
help the escape of such person, by means of
violence, intimidation or bribery. If other means are
used, the penalty of arresto mayor* shall be imposed.
If the escape of the prisoner shall take place outside
of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their
minimum period.
Elements
1) That there is a person confined in a jail or penal
establishment.
2) That the offender removes therefrom such
person, or helps the escape of such person.
 Deceit is not an element of the offense
 “by other means” – for example, a
person who substituted for a prisoner
by taking his place in jail (employment
of deceit)
 If crime committed by the prisoner
is treason, murder or parricide –
liable as an accessory because he
assists in the escape of the principal
 If done outside by taking the guards
by surprise – penalty is the minimum
of that prescribed in Art 156
Prisoner
1) By final judgment
2) detention
Hospital or asylum considered extension of jail or
prison
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
Offender
1) outsider
2) other prisoners
The Revised Penal Code | VENTEROSO | 36
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) employee of the penal establishment provided
that he does not have custody of the person
charged
Article 156
Article 223
Delivering
prisoners Conniving
with
or
from jail
consenting to evasion
Employee of the penal Public officer with
establishment who does custody of the prisoner
not have custody of the charged
person charged
Qualifying circumstances
1) bribery – not the bribery in Article 14(11)
2) violence
3) intimidation
Article 157
Evasion of service of sentence. — The penalty of prision
correccional in its medium and maximum periods shall
be imposed upon any convict who shall evade
service of his sentence by escaping during the term
of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken
place by means of unlawful entry, by breaking doors,
windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, disguise, deceit, violence or
intimidation, or through connivance with other
convicts or employees of the penal institution, the
penalty shall be prision correccional in its maximum
period.
Elements
1) That the offender is a convict by final
judgment.
 Only by final judgment. Not liable if
prisoner escaped:
 Within 15 days from the
promulgation of the judgment
without commencing the
service of sentence
 Without waiver of his right to
appeal
 During appeal
2) That he is serving his sentence which consists
in deprivation of liberty.
 Not applicable to sentence executed by
deportation
 “sufriendo privacion de Libertad” –
instead of imprisonment, should be
deprivation of liberty
 Applicable to sentence of destierro
(partial deprivation of liberty)
3) That he evades the service of his sentence by
escaping during the term of his sentence.
Qualifying circumstances
1) By means of unlawful entry (Art 14 par 18)
2) By breaking doors, windows, gates, walls,
floors or roofs (Art 14 par 19)
3) By using picklocks, false keys, disguise, deceit,
violence, intimidation – climbing or scaling the
wall (“escalamiento”)
Article 158
Evasion of service of sentence on the occasion of
disorders, conflagrations, earthquakes, or other
calamities. — A convict, who shall evade the service
of his sentence, by leaving the penal institution
where he shall have been confined, on the occasion
of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated,
shall suffer an increase of one-fifth of the time still
remaining to be served under the original sentence,
which in no case shall exceed six months, if he shall
fail to give himself up to the authorities within fortyeight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away
of such calamity.
Convicts who, under the circumstances mentioned
in the preceding paragraph, shall give themselves up
to the authorities within the above-mentioned
period of 48 hours, shall be entitled to the deduction
provided in Article 98.
Elements
1) That the offender is a convict by final
judgment, who is confined in a penal
institution.
2) That there is disorder, resulting from —
a) conflagration,
b) earthquake,
c) explosion,
d) similar catastrophe, or
e) mutiny in which he has not participated.
3) That the offender evades the service of his
sentence by leaving 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 hours 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
of the calamity
Circumstances
1) Offender fails to give himself up –
INCREASE of 1/5 of the time still
remaining to be served (which in no case
shall exceed six months)
2) Offender gives himself up – DECREASE of
1/5 of the period of his sentence
Article 98. Special time allowance for loyalty. - A deduction
of one-fifth of the period of his sentence shall be
granted to any prisoner who, having evaded the
service of his sentence under the circumstances
The Revised Penal Code | VENTEROSO | 37
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
mentioned in Article 58 of this Code, gives himself
up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article.
Article 158
INCREASE
1/5 of the remaining
time to be served
In no case shall exceed 6
months
Article 98
DECREASE
1/5 of the period of his
sentence
No limit
Article 159
Other cases of evasion of service of sentence.* — The penalty
of prision correccional in its minimum period shall be
imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of
such pardon be higher than six years, the convict
shall then suffer the unexpired portion of his original
sentence.
Except in cases of impeachment, or as
otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final
judgment.
1) Reprieve – refers to the deferment of the
implementation of the sentence for an interval
of time; it does not annul the sentence but
merely postpones or suspends its execution
2) Commutation - refers to the reduction of the
duration of a prison sentence of a prisoner
3) Pardon - form of executive clemency that’s
granted post-conviction.
- does lead to “the restoration of the right to
hold public office, or the right of suffrage”
unless explicitly stated in the pardon
conditions.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the members
of Congress.
4) Amnesty - public act granted by the President
and should have Congress’ concurrence
He has the specific power — "To grant to
convicted persons reprieves or pardons, either plenary
or partial, conditional, or unconditional; to suspend
sentences without pardon, fines, and order the
discharge of any convicted person upon parole, subject
to such conditions as he may impose; and to authorize
the arrest and reincarceration of any such person who,
in his judgment, shall fail to comply with the condition,
or conditions, of his pardon, parole, or suspension of
sentence."
A conditional pardon is a contract between the
Chief Executive, who grants the pardon, and the
convict, who accepts it. Since it is a contract, the
pardoned convict is bound to fulfill its conditions and
accept all its consequences, not as he chooses, but
according to its strict terms.
Elements of the offense of violation of conditional
pardon
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.
 Offender must be found guilty by final
judgment of subsequent offense before
he can be prosecuted under art 159
 When the penalty remitted is destierro,
the penalty for violation of conditional
pardon in no way will be also destierro
 Period when convict was at liberty is
not deducted in case he is recommitted.
 The duration of the conditions
subsequent is limited to the remaining
period of the sentence
Article 27. Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional,
suspension and destierro shall be from six months
and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Two penalties are provided for in this article
a) Prision correccional in its minimum period — if
the penalty remitted (unexpired portion) does
not exceed 6 years.
b) The unexpired portion of his original
sentence — if the penalty remitted is higher
than 6 years.
 The court cannot require the convict
to serve the unexpired portion of his
original sentence if it does not exceed
six years. The remedy is left to the
President.
Violation of conditional pardon is a substantive
offense
 The violation is committed in the place
where the subsequent offense is
perpetrated
 the penalty is not only the unexpired
portion of the original sentence but
also prision correccional in its minimum
period if the remitted sentence does
not exceed 6 years
Offender can be arrested and reincarcerated
without trial
Under Sec. 64(i) of the Revised Administrative
Code, the President has the specific power to
authorize the arrest and reincarceration of any
convicted person granted pardon or parole who, in
his judgment, shall fail to comply with the condition or
conditions of his pardon or parole.
The Revised Penal Code | VENTEROSO | 38
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
One who violates the condition of his pardon
may be prosecuted and sentenced to suffer prision
correccional in its minimum period under Article
159 of the Revised Penal Code, without prejudice
to the authority conferred upon the President by
Sec. 64(i) of the Revised Administrative Code to
recommit him to serve the unexpired portion,
unless it exceeds 6 years in which case no penalty
shall be imposed, but to serve only the unexpired
portion.
The Revised Penal Code does not repeal
Sec. 64(i) of the Revised Administrative Code. Sec.
64(i) of said Code and Art. 159 of the Revised Penal
Code can stand together and that the proceeding
under one provision does not preclude action under
the other.
Condition extends to special laws
The condition imposed upon the prisoner that
he should not commit another crime, extends to
offenses punished by special laws, like illegal voting
under the Election Law.
Violation of conditional pardon distinguished
from evasion of service of sentence by escaping
Article 159
Article 157
Violation of conditional Evasion of service of
pardon
sentence
does not cause harm or an attempt at least to
injury to the right of evade
the
penalty
other person nor does it inflicted by the courts
disturb the public order; upon criminals and thus
it
is
merely
an defeat the purpose of
infringement of the the law of either
terms stipulated in the reforming
or
contract between the punishing them for
Chief Executive and the having disturbed the
criminal.
public order
Article 160
Commission of another crime during service of penalty imposed
for another previous offense — Penalty. — Besides the
provisions of Rule 5 of Article 62, any person who
shall commit a felony after having been convicted by
final judgment, before beginning to serve such
sentence, or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
Any convict of the class referred to in this article,
who is not a habitual criminal, shall be pardoned at
the age of seventy years if he shall have already
served out his original sentence, or when he shall
complete it after reaching said age, unless by reason
of his conduct or other circumstances he shall not
be worthy of such clemency.
Art. 160 provides for the so-called quasi-recidivism
Quasi-recidivism is a special aggravating
circumstance where a person, after having been
convicted by final judgment, shall commit a new felony
before beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by law for
the new felony.
Quasirecidivism
Recidivism
Reiteracion
Article 160
Special
aggravating
circumstance
A person, after
having been
convicted by
final judgment,
shall commit a
new felony
before
beginning to
serve such
sentence, or
while serving
the same.
Article 14(9)
Aggravating
circumstance
Article 14(10)
Aggravating
circumstance
A recidivist is
one who, at the
time of his trial
for one crime,
shall have been
previously been
convicted by
final judgment
of another crime
embraced in the
same title
Cannot be offset
by ordinary
mitigating
circumstances
The penalty
imposed shall be
at the maximum
That the
offender has
been previously
punished for an
offense to
which the law
attaches an
equal or greater
penalty or for
two or more
crimes to
which it
attaches a
lighter penalty
The penalty
imposed shall be
at the maximum
Elements
1) That the offender was already convicted by
final judgment of one offense.
2) That he committed a new felony before
beginning to serve such sentence or while
serving the same.
 If the offender committed a new felony
after serving the sentence, and both
offenses are embraced in the same title,
he is an ordinary recidivist
 First offense – may be a felony (RPC)
or offense (special law)
Second offense – must be a felony
(RPC)
 The offenses need not be different in
character (ex. Murder and homicide)
A quasi-recidivist may be pardoned at the age of
70 years
GR: The second paragraph of Art. 160 provides that a
quasi-recidivist shall be pardoned when he has reached
the age of 70 years and has already served out his
original sentence, or when he shall complete it after
reaching said age, unless by reason of his conduct or
other circumstances, he shall not be worthy of such
clemency.
XPN: When he is a habitual criminal, a quasi-recidivist
may not be pardoned even if he has reached the age of
70 years and already served out his original sentence.
RA 11479
ANTI TERRORISM ACT OF 2020
Sec 3. Definition of terms
The Revised Penal Code | VENTEROSO | 39
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
a) Critical infrastructure – shall refer to an asset
or system, whether physical or virtual, so
essential to the maintenance of vital societal
functions or to the delivery of public services
that the incapacity or destruction of such
systems would have a debilitating impact on
national defense and security, national
economy, public health or safety, the
administration of justice, and other functions
analogous thereto.
b) Designated person – any individual, group of
persons, organizations, or associations
designated and/or identified by United
Nations Security Council, or another
jurisdiction, or supranational jurisdiction as a
terrorist, one who finances terrorism, or a
terrorist organization or group
c) Extraordinary rendition – shall refer to the
transfer of a person, suspected of being a
terrorist or supporter of a terrorist
organization, association, or group of persons
to a foreign nation for imprisonment and
interrogation on behalf of transferring nation
d) International organization – shall refer to an
organization established by a treaty or other
instrument governed by international law and
possessing its own international legal
personality
e) Material support – shall refer to any property,
tangible or intangible, or service, including
currency or monetary instruments or financial
securities, financial services, lodging, training,
expert advice or assistance, safehouses, false
facilities,
weapons,
lethal
substances,
explosives, personnel, and transportation
f) Proliferation of weapons of mass
destruction – shall refer to the transfer and
export of chemical, biological, radiological, or
nuclear weapons, their means of delivery and
related materials
g) Proposal to commit terrorism – is
committed when a person who has decided to
commit any of the crimes defined and
penalized under the provisions of this act
proposes its execution to some other person or
persons
h) Recruit – shall refer to any act to encourage
other people to join a terrorist individual or
organization, association or group of persons
proscribed under Sec 26 of this Act, or
designated by the United Nations Security
Council as a terrorist organization, or
organized for the purpose of engaging
terrorism
i) Surveillance activities – shall refer to the act
of tracking down, following, or investigating
individuals or organizations; or tapping,
listening, intercepting, and recording of
messages, conversations, discussions, spoken
or written words, including computer and
network
surveillance,
and
other
j)
k)
l)
m)
n)
communications of individuals engaged in
terrorism as defined
Supranational jurisdiction – shall refer to an
international organization or union in which
the power and influence of member states
transcend national boundaries or interests to
share in decision-making and vote on issues
concerning the collective body
Training – shall refer to the giving of
instruction or teaching designed to impart
specific skill in relation to terrorism as defined
Terrorist individual – shall refer to any
natural person who commits any of the acts
defines and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12
Terrorist organization, association or
group of persons - shall refer to any entity
organized for the purpose of engaging in
terrorism, or those proscribed under Section
26 hereof or the United Nations Security
Council-designated terrorist organization
Weapons of mass destruction (WMD) –
shall refer to chemical, biological, radiological,
or nuclear weapons which are capable of a high
order of destruction or causing mass casualties.
It excludes the means of transporting or
propelling the weapon where such means is a
separable and divisible part from the weapon.
Sec 4. Terrorism
 Penalty of life imprisonment without the
benefit of parole
 Shall not include advocacy, protest, dissent,
stoppage or work, industrial or mass action,
and other similar exercises of civil and political
rights, which are not intended to cause death
or serious physical harm to a person, to
endanger a person’s life or to create a serious
risk to public safety
Punishable acts
1. Terrorism
2. Threat to commit terrorism
3. Planning, training, preparing and facilitating
the commission of terrorism
4. Conspiracy to commit terrorism
5. Proposal to commit terrorism
6. Inciting to commit terrorism
7. Recruitment to and membership in a
terrorist organization
8. Foreign terrorist
9. Providing material support to terrorist –
liable as principals
10. Accessory to terrorism – No person,
regardless of relationship or affinity shall be
exempt from liability under this section
Penalties
Life imprisonment without the benefit of parole
and the benefits of RA 10592 –
1,3,4,7(recruitment),8
Imprisonment of 12 years – 2, 5,
6,7(membership),10
The Revised Penal Code | VENTEROSO | 40
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Sec 16. Surveillance of suspects and interception and recording
communications
 A law enforcement agent or military personnel
may, upon written order of the CA secretly
wiretap, overhear and listen to, intercept,
screen, read, surveil, record or collect, with the
use of any mode, form, kind or type of
electronic, mechanical, or other equipment or
device or technology now known or may
hereafter be known to science or with use of
any other suitable ways
XPN: surveillance, interception and recording
of communications between lawyers and
clients, doctors and patients, journalists and
their sources and confidential business
correspondence shall not be authorized
Sec 17. Judicial authorization, requisites
 The authorizing division of CA shall issue a
written order to conduct the acts in Sec 16
upon:
1) Filing of ex parte written application by a
law enforcement agent or military
personnel, who has been authorized in
writing by ATC
2) After examination under oath or
affirmation of the applicant and the
witnesses he/she may produce
Sec 18. Classification and contents of the order of the court
 The written order and the application –
CLASSIFIED INFORMATION
 Access to said information shall be limited to
the applicants, duly authorized personnel of
the ATC, the hearing justices, clerk of court
and duly authorized personnel of hearing or
issuing court
Sec 19. Effective period of judicial authorization
 Shall only be effective for the length of time
specified in the written order of the authorizing
division of CA which shall not exceed a period
of 60 days from the date of receipt of the
written order by the applicant law enforcement
agent or military personnel
 May be extended or renewed to a nonextendible period which shall not exceed 30
days from the expiration of the original period
 In case of death of original applicant or
physically disabled, next one in rank shall have
30 days after termination of the period to file
the appropriate case before the Public
Prosecutor’s Office for any violation of this
Acts
 Any person who removes, deletes, expunges,
incinerates, shreds or destroys the items
enumerated above shall suffer the penalty of
imprisonment of 10 years
Sec 23. Evidentiary value of deposited materials
 Evidences secured in violation of the pertinent
provisions of this Act, shall be inadmissible and
cannot be used as evidence against anybody in
any judicial, quasi-judicial, legislative, or
administrative
investigation,
inquiry,
proceeding, or hearing
Sec 25. Designation of Terrorist Individual, groups of persons,
organizations or associations
 The ATC shall automatically adopt the United
Nations Security Council Consolidated List of
designated and/or identified as a terrorist, one
who finances terrorism, or a terrorist
organization or group
 The ATC may designated an individual, group
of persons, organization, or association,
whether domestic or foreign, upon finding of
probable cause
 The assets shall be subject to the authority of
Anti-Money Laundering Council (AMLC)
Sec 26. Proscription of terrorist organizations, association, or
group of persons
 Upon application of the DOJ before the
authorizing division of CA
 Any group of persons, organization, or
association, which commits any of the acts
defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12, or organized for the
purpose of engaging in terrorism may be
declared as a terrorist and outlawed group of
persons, organization or association
 The application shall be filed with an urgent
prayer for the issuance of a preliminary order
of proscription
Sec 20. Custody of intercepted and recorded communications
 All obtained under the judicial authorization
within 48 hours after the expiration of the
period fixed or the extension granted, be
deposited with the issuing court
The Revised Penal Code | VENTEROSO | 41
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE IV
Crimes Against Public Interest
CHAPTER ONE FORGERIES
Section One. — Forging the seal of the
Government of the Philippine Islands, the
signature or stamp of the Chief Executive.
Article 161
Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Executive. — The penalty of reclusion temporal shall be
imposed upon any person who shall forge the Great
Seal of the Government of the Philippine Islands or
the signature or stamp of the Chief Executive.
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.
The Great Seal
- is circular in form, with arms consisting of
paleways of two pieces, azure and gules; a chief
argent studded with three golden stars
equidistant from each other; in point of honor,
ovoid argent over the sun rayonnant with eight
minor and lesser rays; in sinister base gules, the
Lion Rampant of Spain; in dexter base azure,
the American eagle displayed proper; and
surrounding the whole is a double marginal
circle within which are the words "Republic of
the Philippines." (Sec. 18 of the Revised
Administrative Code, as amended by Com.
Acts Nos. 602, 614, and 731)
- must be in the custody of the President of the
Philippines
Article 162
Using forged signature or counterfeit seal or stamp. — The
penalty of prision mayor shall be imposed upon any
person who shall knowingly make use of the
counterfeit seal or forged signature or stamp
mentioned in the preceding article.
Element
1) That the Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another person.
 The offender must not be the forger
2) That the offender knew of the counterfeiting
or forgery.
3) That he used the counterfeit seal or forged
signature or stamp.
 The act is that of an accessory but the
penalty is only one degree lower
Section Two. — Counterfeiting coins
Article 163
Making and importing and uttering false coins - Any
person who make, imports, or utters false coins, in
connivance with counterfeiters, or importers, shall
suffer:
1) Prisión correccional in its minimum and
medium periods and a fine not to exceed
Four hundred thousand pesos (₱400,000), if
the counterfeited coins be any of the coinage
of the Philippines.
2) Prisión correccional in its minimum period and
a fine not to exceed Two hundred thousand
pesos (₱200,000), if the counterfeited coin
be currency of a foreign country.
Elements
1) That there be false or counterfeited coins.
 Coin – a piece of metal stamped with
certain marks and made current at a
certain value. It is false or counterfeited
when:
 Forged
 It is not authorized by the
government as legal tender
Article 163
Article 318
Making and importing Estafa
and uttering false coins
Spurious coin is made
Giving a coin a different
appearance
2) That the offender either made, imported or
uttered such coins.
 Import - To bring to port, before
entrance at the Customs House
 Utter – to pass
3) That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
 Both Philippine and foreign country
coins (“moneda”) = LEGAL
TENDER
+
OUT
OF
CIRCULATION
Article 164
Mutilation of coins — Importation and utterance of mutilated
coins. — The penalty of prision correccional in its
minimum period and a fine not to exceed Four
hundred thousand pesos (P400,000) shall be
imposed upon any person who shall mutilate coins
of the legal currency of the Philippines or import or
utter mutilated current coins, in connivance with the
mutilator or importer.
Acts punished under Art. 164
1) Mutilating coins of the legal currency, with the
further requirement that there be intent to
damage or to defraud another.
 "Mutilation" means to take off part of
the metal either by filing it or
The Revised Penal Code | VENTEROSO | 42
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
substituting it for another metal of
inferior quality.
 The coin must be of "legal tender" in
mutilation
 Coins of foreign country not included
2) Importing or uttering such mutilated coins,
with the further requirement that there must be
connivance with the mutilator or importer in
case of uttering.
Article 165
Selling of false or mutilated coin, without connivance. — Any
person who knowingly, although without the
connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter
the same, or shall actually utter such coin, shall suffer
a penalty lower by one degree than that prescribed
in said articles.
Acts punished under Art 165
1) Possession of coin, counterfeited or mutilated
by another person, with intent to utter the
same, knowing that it is false or mutilated.
Elements
a) Possession,
 Actual and constructive possession
 Possession of counterfeiter or importer
is not punished as a separate offense –
1 crime only
b) With intent to utter, and
c) Knowledge
2) Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
 EVEN IF NO CONNIVANCE
WITH THE COUNTEFEITER
OR MUTILATOR
Article 165
Selling of false or
mutilated coin, without
connivance
There must be
connivance in case of
uttering
Article 163
Making and importing
and uttering false coins
The actual sale, even
though not in
connivance with the
counterfeiter or
mutilator, is punishable
Elements
a) Actually uttering, and
b) Knowledge.
Forging treasury or bank notes or other documents payable to
bearer; importing, and uttering such false or forged notes and
documents. — The forging or falsification of treasury
or bank notes or certificates or other obligations and
securities payable to bearer and the importation and
uttering in connivance with forgers or importers of
such false or forged obligations or notes, shall be
punished as follows:
1) By reclusion temporal in its minimum period
and a fine not to exceed Two million pesos
(P2,000,000), if the document which has
been falsified, counterfeited, or altered is an
obligation or security of Philippines.
The words “obligation or security of the
Philippines” shall be held to mean all bonds,
certificates of indebtedness, national bank notes,
coupons, Philippine notes, treasury notes, fractional
notes, certificates of deposit, bills, checks, or drafts
for money, drawn by or upon authorized officers of
the Philippines, and other representatives of value,
of whatever denomination, which have been or may
be issued under any Act of the Congress.
2) By prision mayor in its maximum period and a
fine not to exceed One million pesos
(P1,000,000), if the falsified or altered
document is a circulating note issued by any
banking association duly authorized by law
to issue the same.
3) By prision mayor in its medium period and a
fine not to exceed One million pesos
(P1,000,000), if the falsified or counterfeited
document was issued by a foreign
government.
4) By prision mayor in its minimum period and a
fine not to exceed Four hundred thousand
pesos (P400,000), when the forged or altered
document is a circulating note or bill issued
by a foreign bank duly authorized therefor.
Three acts penalized under Art. 166
1) Forging or falsification of treasury or bank
notes or other documents payable to bearer.
 Payable to bearer – by mere delivery
2) Importation of such false or forged obligations
or notes.
3) Uttering of such false or forged obligations or
notes in connivance with the forgers or
importers.
 Uttering false or forged obligations or
notes – offering them knowing them to
be false of forged, whether accepted or
not
Section Three. — Forging treasury or bank notes,
obligations and securities; importing and uttering
false or forged notes, obligations and securities
Notes and other obligations and securities that
may be forged or falsified under Art. 166
They are:
1) Treasury or bank notes,
2) Certificates, and
3) Other obligations and securities, payable to
bearer. (Paper Currency)
Article 166
Article 167
COUNTERFEITED – MAY NOT BE LEGAL
TENDER
MUTILATED – SHOULD BE LEGAL TENDER
The Revised Penal Code | VENTEROSO | 43
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Counterfeiting, importing, and uttering instruments not
payable to bearer. — Any person who shall forge,
import, or utter, in connivance with the forgers or
importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer
the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding One
million two hundred thousand pesos (P1,200,000).
Elements
1) That there be an instrument payable to order
or other document of credit not payable to
bearer.
 Includes foreign instruments or other
documents of credit since it was not
specified
2) That the offender either forged, imported or
uttered such instrument.
3) That in case of uttering, he connived with the
forger or importer
 CONNIVANCE
IS
NOT
REQUIRED IF THE UTTERER
IS THE FORGER
Article 168
Illegal possession and use of false treasury or bank notes and
other instruments of credit. — Unless the act be one of
those coming under the provisions of any of the
preceding articles, any person who shall knowingly
use or have in his possession, with intent to use any
of the false or falsified instruments referred to in this
section, shall suffer the penalty next lower in degree
than that prescribed in said articles.
Elements
1) That any treasury or bank note or certificate or
other obligation and security payable to bearer,
or any instrument payable to order or other
document of credit not payable to bearer is
forged or falsified by another person.
2) That the offender knows that any of those
instruments is forged or falsified.
3) That he performs any of these acts —
a) using any of such forged or falsified
instruments; or – ACTUAL USE
b) possessing with intent to use any of such
forged
or
falsified
instruments.
–
POSSESSION WITH INTENT TO USE
 intent to possess is not intent to use
 a person in possession of falsified
document and who makes use of the
same is presumed to be material author
of falsification
 not an impossible crime because it is
not a crime against persons or property
Section Four. — Falsification of legislative,
public, commercial, and private documents, and
wireless, telegraph, and telephone messages
Article 169
How forgery is committed. — The forgery referred to in
this section may be committed by any of the
following means:
1) By giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true
and genuine document.
2) By erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein.
COUNTERFEITING – 1st paragraph
 Involves
situations
involving
originally
true
and
genuine
documents which have been
withdrawn or demonetized, or have
outlived their usefulness
FALSIFICATION – 2nd paragraph
PD 247
PROHIBITING AND PENALIZING
DEFACEMENT, MUTILATION, TEARING,
BURNING OR DESTRUCTION OF CENTRAL
BANK NOTES AND COINS
It is ordered and decreed:
1) That it shall be unlawful for any person to
willfully deface, mutilate, tear, burn or destroy,
in any manner whatsoever, currency notes and
coins issued by the Central Bank of the
Philippines; and
2) That any person who shall violate this Decree
shall, upon conviction, be punished by a fine of
not more than twenty thousand pesos and/or
by imprisonment of not more than five
years.
All laws, orders and regulations, or parts thereof,
inconsistent herewith are hereby modified or repealed
accordingly. (Presidential Decree No. 247, which took
effect on July 18, 1973)
Article 170
Falsification of legislative documents. — The penalty of
prision correccional in its maximum period and a fine
not exceeding One million two hundred thousand
pesos (P1,200,000) shall be imposed upon any
person who, without proper authority therefor,
alters any bill, resolution, or ordinance enacted or
approved or pending approval by either House of
the Legislature or any provincial board or municipal
council.
Elements
1) That there be a bill, resolution or ordinance
enacted or approved or pending approval by
either House of the Legislature or any
provincial board or municipal council.
 The bill, resolution, or ordinance
must be genuine
2) That the offender alters the same.
 The offender may be any person
3) That he has no proper authority therefor.
The Revised Penal Code | VENTEROSO | 44
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
4) That the alteration has changed the meaning
of the document.
 Other acts of falsification which does
not change the meaning of the
document, even in legislative
documents, are punished under Art
171 or 172
Article 171
Falsification by public officer, employee or notary or
ecclesiastical minister. — The penalty of prision mayor
and a fine not to exceed One million pesos
(P1,000,000.00) shall be imposed upon any public
officer, employee, or notary who, taking advantage
of his official position, shall falsify a document by
committing any of the following acts:
1) Counterfeiting or imitating any handwriting,
signature, or rubric;
2) Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate;
3) Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them;
4) Making untruthful statements in a narration
of facts;
5) Altering true dates;
6) Making any alteration or intercalation in a
genuine document which changes its
meaning;
7) Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a statement
contrary to, or different from, that of the
genuine original; or
8) Intercalating any instrument or note relative
to the issuance thereof in a protocol,
registry, or official book.
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document
of such character that its falsification may affect the
civil status of persons.
Elements
1) That the offender is a public officer,
employee, or notary public.
 Ecclesiastical minister – 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.
 Public officers and employees have
the duty to make or to prepare the
document and the official custody
 Intent to gain is not necessary
3) That he falsifies a document by committing
any of the following acts:
1) Counterfeiting
or
imitating
any
handwriting, signature or rubric.
XPN: signature of the president (punishable
under Art 161)
 Counterfeiting or feigning
 Feigning – “fingiendo”, means to
represent by a false appearance, to
give a mental existence; to imagine
 Counterfeiting
 Intent to imitate
 The 2 signatures bear resemblance –
likely to deceive another
 To prove forgery: (Lamsen v. People)
 Direct evidence – by a witness
 Indirect evidence – comparison
 The presumption of validity and
regularity prevails over allegations of
forgery and fraud
 Genuineness and due execution of a
photocopy cannot be established without
 a copy of the original
 proof that the original was lost,
destroyed or under the control of the
party against whom it is offered
(Lamsen v. People)
2) Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate.
Article 171 (2)
Causing it to appear
that persons have
participated in any
act or proceeding
when they did not
in fact so participate
Without attempt to
imitate so that the
signatures do not
bear any
resemblance
Article 171 (1)
Counterfeiting or
imitating any
handwriting,
signature or rubric.
With attempt to
imitate
3) Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made
by them.
4) Making untruthful statements in a
narration of facts.
Requisites
 That the offender makes in a
document statements in a
narration of facts;
 Not a conclusion of law
 That he has a legal obligation to
disclose the truth of the facts
narrated by him;
 There is legal obligation
to disclose relationship in
government
appointments
The Revised Penal Code | VENTEROSO | 45
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 legal
obligation
to
disclose the truth is
inherent in residence
certificates
 That the facts narrated by the
offender are absolutely false;
and
 That the perversion of truth in the
narration of facts was made with
the wrongful intent of injuring a
third person.
 Wrongful intent is not
necessary
when
the
document falsified is a
public document
 The fact that one’s
consent to a contract was
obtained by means of
violence does not make
the facts narrated therein
false
 There is falsification by
omission
 Reckless
imprudent
resulting to falsification
of public documents
(reckless imprudence is
not a crime in itself but
simply a modality of
committing it)
5) Altering true dates.
 The date must be essential
 Altering dates in official receipts
to prevent the discovery of
malversation is falsification
6) Making any alteration or intercalation in a
genuine document which changes its
meaning.
Requisites
 That there be an alteration
(change)
or
intercalation
(insertion) on a document;
 That it was made on a genuine
document;
 That
the
alteration
or
intercalation has changed the
meaning of the document; and
 The alteration must affect
the integrity or change the
effects of the document
 That the change made the
document speak something false.
 An alteration which
speaks the truth is not
falsification
7) Issuing in authenticated form a document
purporting to be a copy of an original
document when no such original exists,
or including in such copy a statement
contrary to, or different from, that of the
genuine original.
 There must be a genuine document
8) Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
 There must be a genuine document
a) In case the offender is an ecclesiastical
minister, the act of falsification is
committed with respect to any record or
document of such character that its
falsification may affect the civil status of
persons.
A private individual can commit falsification of a
public document, such as when a private person
cooperates with a public officer in the falsification.
He is guilty of the crime with the same liability and
the same penalty as a public officer.
Article 172
Falsification by private individuals and use of falsified
documents. — The penalty of prision correccional in its
medium and maximum periods and a fine of not
more than One million pesos (P1,000,000.00) shall
be imposed upon:
1) Any private individual who shall commit any
of the falsifications enumerated in the next
preceding article in any public or official
document or letter of exchange or any other
kind of commercial document; and
2) Any person who, to the damage of a third
party, or with the intent to cause such
damage, shall in any private document
commit any of the acts of falsification
enumerated in the next preceding article.
3) Any person who shall knowingly introduce
in evidence in any judicial proceeding or to
the damage of another or who, with the
intent to cause such damage, shall use any of
the false documents embraced in the next
preceding article or in any of the foregoing
subdivisions of this article, shall be punished
by the penalty next lower in degree.
Three acts are punished under Article 172
They are:
1) Falsification of public, official or commercial
document by a private individual. (Paragraph
No. 1)
Elements
 That the offender is a private
individual or a public officer or
employee who did not take
advantage of his official
position.
 The possessor of a
falsified document is
presumed to be the
author of the falsification
The Revised Penal Code | VENTEROSO | 46
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON


XPN:
when
the
possession is incidental to
his official duty
That he committed any of the acts
of falsification enumerated in Art.
171. (par 7 cannot be committed
by a private individual)
That the falsification was
committed in a public or official
or commercial document.
 DAMAGE
OR
INTENT
TO
DAMAGE IS NOT
NECESSARY
 Lack of malice or criminal
intent is a defense in
falsification of public
document
Four kinds of document
1) 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.
A public document is any
instrument authorized by a notary
public or a competent public
official, with the solemnities
required by law.
2) Official document — a document
which is issued by a public
official in the exercise of the
functions of his office. An
official document is also a public
document. It falls within the
larger class called public
documents.
3) Private document - a deed or
instrument executed by a
private person without the
intervention of a notary public
or other person legally
authorized, by which document
some disposition or agreement is
proved, evidenced or set forth.
 The fact that the
falsification
was
committed before the
document was presented
to the notary does not
alter the character of the
crime as falsification of
public document, if the
document
was
presented to the notary
by the party who
committed
the
falsification or at his
instance

A private document may
acquire the character of a
public document when it
becomes part of an
official record and is
certified by a public
officer duly authorized by
law
4) Commercial document — any
document defined and regulated
by the Code of Commerce or any
other commercial law. They are
documents or instruments used
by merchants or businessmen to
promote or facilitate trade.
Complexed
crimes
by
falsification
of
public/official/commercial documents
 Estafa through falsification of a public
document
 Theft through falsification of official
document
 Estafa through falsification of commercial
document
 Estafa through falsification of commercial
document by reckless imprudence
 Malversation through falsification of public
document
2) Falsification of private document by any
person. (Paragraph No. 2)
Elements
 That the offender committed any of
the acts of falsification, except those in
paragraph 7, enumerated in Art. 171.
 If a private document is falsified
to conceal the misappropriation
of the money or other personal
property which has been in the
possession of the offender the
crime committed is ESTAFA
WITH
ABUSE
OF
CONFIDENCE ONLY – no
intent to damage, only to
conceal
 There is no falsification of private
document through reckless
imprudence
 That the falsification was committed in
any private document.
 That the falsification caused damage to
a third party or at least the falsification
was committed with intent to cause
such damage.
 Damage need not be material
 It is not necessary that the
offender profited or hoped to
profit
Art 172 (1)
Art 172 (2)
The Revised Penal Code | VENTEROSO | 47
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Falsification of
public, official or
commercial
document by a
private individual
Offender may be
1) Private
person
2) Public
official or
employee not
taking
advantage of
his official
duty
Public document
Falsification of
private
document by
any person
Offender may
be any person
Private
document
Damage or intent Damage
or
to damage is not intent to damage
an element
is an element
GR: FALSIFICATION HAS NO
ATTEMPTED OR
FRUSTRATED STAGE
XPN: IF THE FALSIFICATION
IS IMPERFECT
3) Use of falsified document. (Last paragraph)
 Cannot be deemed necessarily included
in the crime of falsification
Introducing in a judicial proceeding — Elements
 That the offender knew that a document was
falsified by another person.
 That the false document is embraced in Art.
171 or in any subdivisions No. l o r 2 of Art.
172.
 That he introduced said document in evidence
in any judicial proceeding.
Use in any other transaction — Elements
 That the offender knew that a document was
falsified by another person.
 That the false document is embraced in Art.
171 or in any of subdivision No. 1 or 2 of Art.
172.
 That he used such document (not in judicial
proceedings).
 That the use of the false document caused
damage to another or at least it was used with
intent to cause such damage.
Art 172 (3)- first form
Art 172 (3) -second
form
Introducing in a judicial Use in any other
proceeding
transaction
Damage or intent to Damage or intent to
damage is not an element damage is an element
Article 173
Falsification of wireless, cable, telegraph, and telephone
messages, and use of said falsified messages. — The penalty
of prision correccional in its medium and maximum
periods shall be imposed upon any officer or
employee of the Government or of any private
corporation or concern engaged in the service of
sending or receiving wireless, cable, telegraph, or
telephone messages who utters a fictitious wireless,
telegraph, or telephone message of any system or
falsifies the same.
Any person who shall use such falsified dispatch to
the prejudice of a third party or with the intent to
cause such prejudice, shall suffer the penalty next
lower in degree.
Three acts are punishable under Art. 173
1) Uttering fictitious wireless, telegraph or
telephone message.
Elements
1) That the offender is an officer or
employee of the Government or an
officer or employee of a private
corporation, engaged in the service of
sending or receiving wireless, cable or
telephone message.
2) That the offender commits any of the
following acts:
a) Uttering fictitious wireless, cable,
telegraph or telephone message; or
b) Falsifying wireless, cable, telegraph, or
telephone message.
2) Falsifying wireless, telegraph or telephone
message.
Elements
1) That the accused knew that wireless, cable,
telegraph, or telephone message was
falsified by any of the persons specified in
the first paragraph of Art. 173.
 A private individual cannot be a
principal
by
DIRECT
PARTICIPATION, unless he is an
employee of a corporation engaged
in the business of sending or
receiving wireless, telegraph or
telephone messages.
 A private individual can be a
principal by INDUCEMENT
2) That the accused used such falsified
dispatch.
3) That the use of the falsified dispatch
resulted in the prejudice of a third party,
or that the use thereof was with intent
to cause such prejudice.
3) Using such falsified message.
Section Five. — Falsification of medical
certificates, certificates of merit or service, and
the like
Article 174
False medical certificates, false certificates of merit or service,
etc. — The penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and
The Revised Penal Code | VENTEROSO | 48
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
a fine not to exceed Two hundred thousand pesos
(P200,000) shall be imposed upon:
1) Any physician or surgeon who, in
connection with the practice of his
profession, shall issue a false certificate; and
2) Any public officer who shall issue a false
certificate of merit or service, good conduct,
or similar circumstances.
The penalty of arresto mayor shall be imposed upon
any private person who shall falsify a certificate
falling within the classes mentioned in the two
preceding subdivisions.
Persons liable
1) Physician or surgeon who, in connection with
the practice of his profession, issued a false
certificate. (It must refer to the illness or injury of a
person)
Note: The crime is False Medical Certificate by a
physician.
2) Public officer who issued a false certificate of
merit or service, good conduct or similar
circumstances.
Note: The crime is False Certificate of Merit or Service
by a public officer.
3) Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1 and
2.
Note: The crime is False Medical Certificate by a
private individual or False Certificate of Merit or
Service by a private individual.
 The falsification of the certificate of large cattle
is not anymore covered by Art. 174 as “similar
circumstances”
 Certificate of residence for voting purposes is
certificate of "similar circumstances”
Article 175
Using false certificates. — The penalty of arresto menor
shall be imposed upon any one who shall knowingly
use any of the false certificates mentioned in the next
preceding article.
Elements
1) That a physician or surgeon had issued a false
medical certificate, or a public officer had
issued a false certificate of merit or service,
good conduct, or similar circumstances, or a
private person had falsified any of said
certificates.
2) That the offender knew that the certificate was
false.
3) That he used the same.
 When any of the false certificates
mentioned in Art 174 is used in the
judicial proceeding, Art 172 does not
apply, because the use of false
document in judicial proceeding under
Art 172 is limited to those false
documents embraced in Arts 171 and
172
Section Six. — Manufacturing, importing, and
possession of instruments or implements
intended for the commission of falsification
Article 176
Manufacturing and possession of instruments or implements
for falsification. — The penalty of prision correccional in
its medium and maximum periods and a fine not to
exceed One million pesos (P1,000,000) shall be
imposed upon any person who shall make or
introduce into the Philippine Islands any stamps,
dies, marks, or other instruments or implements
intended to be used in the commission of the
offenses of counterfeiting or falsification mentioned
in the preceding sections of this chapter.
Any person who, with the intention of using them,
shall have in his possession any of the instruments
or implements mentioned in the preceding
paragraph, shall suffer the penalty next lower in
degree than that provided therein.
Acts punished
1) Making or introducing into the Philippines
any stamps, dies, marks, or other instruments
or implements for counterfeiting or
falsification.
2) Possessing with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.
 The implements confiscated need not
form a complete set
CHAPTER TWO OTHER FALSITIES
Section One. — Usurpation of authority, rank,
title, and improper use of names, uniforms, and
insignia
Article 177
Usurpation of authority or official functions. — Any person
who shall knowingly and falsely represent himself to
be an officer, agent, or representative of any
department or agency of the Philippine Government
or of any foreign government, or who, under
pretense of official position, shall perform any act
pertaining to any person in authority or public
officer of the Philippine Government or of any
foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the
penalty of prision correccional in its minimum and
medium periods. (As amended by Rep. Act No. 379)
Two offenses
1) usurpation of authority
 The mere act of knowingly and falsely
representing oneself to be an officer,
etc. is sufficient
 There must be positive, express and
explicit representation
The Revised Penal Code | VENTEROSO | 49
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) usurpation of official functions
 It is essential that the offender should
have performed an act pertaining to a
person in authority or public officer, in
addition to other requirements
 Art 177 can be committed by a public officer
 Art 177, as amended, does not apply to occupant
under color of title (apparent title)
RA 75
AN ACT TO PENALIZE ACTS WHICH
WOULD IMPAIR THE PROPER
OBSERVANCE BY THE REPUBLIC AND
INHABITANTS OF THE PHILIPPINES OF
THE IMMUNITIES, RIGHT, AND
PRIVILEGES OF DULY ACCREDITED
FOREIGN DIPLOMATIC AND CONSULAR
AGENTS IN THE PHILIPPINES
Section 1. Any person who shall falsely assume and
take upon himself to act as a diplomatic, consular, or
any other official of a foreign government duly
accredited as such to the Government of the Republic
of the Philippines with intent to defraud such foreign
government or the Government of the Philippines, or
any person, or in such pretended character shall
demand or obtain, or attempt to obtain from person or
from said foreign government or the Government of
the Philippines, or from any officer thereof, any
money, paper, document, or other thing, of value, shall
be fined not more than five thousand pesos, or shall be
imprisoned for not more than five years, or both, in
addition to the penalties that may be imposed under
the Revised Penal Code.
Any person who conceals his true name and other
personal circumstances shall be punished by arresto
menor or a fine not to exceed Fourty thousand pesos
(P40,000).
Acts punished
1) Using fictitious name
Elements
1) That the offender uses a name other than
his real name.
 Fictitious name - any other name
which a person publicly applies to
himself without authority of law
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.
Other circumstances
Circumstances
Causing damage to private
interest
A person takes the place
of another who has been
convicted by final
judgment
Effect/applicable
provisions
ESTAFA (Art 315 (2)(a))
1) prisoner – EVASION
OF SERVICE OF
SENTENCE (Art
18)
2) fictitious prisoner –
DELIVERING
PRISONERS FROM
JAIL (Art 156)
2) Concealing true name
RA 10
AN ACT PENALIZING USURPATION OF
PUBLIC AUTHORITY
Section 1. Any person who, with or without pretense
of official position, shall perform any act pertaining
to the Government, or to any person in authority or
public officer, without being lawfully entitled to do so,
shall be punished with imprisonment for not less than
two years nor more than ten years.
One must perform any act pertaining
1) to the Government, or
2) to any person in authority, or
3) to any public officer
 RA 10 is applicable only to members of seditious
organization engaged in subversive activities.
Article 178
Using fictitious name and concealing true name. — The
penalty of arresto mayor and a fine not to exceed One
hundred thousand pesos (P100,000) shall be
imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a
crime, evading the execution of a judgment, or
causing damage.
The Revised Penal Code | VENTEROSO | 50
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(d) Chemical Diversion. – The sale, distribution, supply
or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and
essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used for the
illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a
device, tool or equipment with a different chemical or
physical principle that is more specific which will
validate and confirm the result of the screening test.
(g) Controlled Delivery. – The investigative
technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived
directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of
an authorized officer, with a view to gathering evidence
to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that
offense.
TITLE V
Crimes Relative to Opium and Other
Prohibited Drugs
RA 9165
COMPREHENSIVE DANGEROUS
DRUG ACT OF 2002
ARTICLE II
Unlawful Acts and Penalties
Section 3. Definitions. As used in this Act, the
following terms shall mean:
(a) Administer. – Any act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion
or other means, or of committing any act of
indispensable assistance to a person in administering a
dangerous drug to himself/herself unless administered
by a duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs Board
under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation
centers for drug dependents referred to in Section 34,
Article VIII of this Act.
(h) Controlled Precursors and Essential Chemicals. –
Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly
planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of
a dangerous drug.
(j) Dangerous Drugs. – 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 as
enumerated in the attached annex which is an integral
part of this Act.
(k) Deliver. – Any act of knowingly passing a
dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous
drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
(m) Dispense. – Any act of giving away, selling or
distributing medicine or any dangerous drug with or
without the use of prescription.
The Revised Penal Code | VENTEROSO | 51
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(n) Drug Dependence. – As based on the World Health
Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes
on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the
substance and the difficulties in controlling substancetaking behavior in terms of its onset, termination, or
levels of use.
(o) Drug Syndicate. – Any organized group of two (2)
or more persons forming or joining together with the
intention of committing any offense prescribed under
this Act.
(p) Employee of Den, Dive or Resort. – The caretaker,
helper, watchman, lookout, and other persons working
in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug
and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with
or without compensation, in connection with the
operation thereof.
(q) Financier. – Any person who pays for, raises or
supplies money for, or underwrites any of the illegal
activities prescribed under this Act.
(r) Illegal Trafficking. – The illegal cultivation, culture,
delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
(s) Instrument. – Any thing that is used in or intended
to be used in any manner in the commission of illegal
drug trafficking or related offenses.
(t) Laboratory Equipment. – The paraphernalia,
apparatus, materials or appliances when used, intended
for use or designed for use in the manufacture of any
dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel,
preparative/purifying
equipment,
fermentors,
separatory funnel, flask, heating mantle, gas generator,
or their substitute.
(u) Manufacture. – The production, preparation,
compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from
substances of natural origin, or independently by
means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any
packaging or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a
drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course
of his/her professional practice including research,
teaching and chemical analysis of dangerous drugs or
such substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as "Marijuana" or
"Indian Hemp" or by its any other name. – Embraces
every kind, class, genus, or specie of the plant Cannabis
sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab,
and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the
plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any
form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or
commonly known as "Ecstasy", or by its any other
name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives
in any form.
(x) Methamphetamine Hydrochloride or commonly
known as "Shabu", "Ice", "Meth", or by its any other
name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives
in any form.
(y) Opium. – Refers to the coagulated juice of the
opium poppy (Papaver somniferum L.) and embraces
every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same;
narcotic preparations thereof or therefrom; morphine
or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and
leaves or wrappings of opium leaves, whether prepared
for use or not.
(z) Opium Poppy. – Refers to any part of the plant of
the species Papaver somniferum L., Papaver setigerum
DC, Papaver orientale, Papaver bracteatum and
Papaver rhoeas, which includes the seeds, straws,
branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and
culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug
Enforcement Agency under Section 82, Article IX of
this Act.
(bb) Person. – Any entity, natural or juridical, including
among others, a corporation, partnership, trust or
estate, joint stock company, association, syndicate,
joint venture or other unincorporated organization or
group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. – The willful act by any
person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of
any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or in
the immediate vicinity of an innocent individual for the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of implicating, incriminating or imputing the
commission of any violation of this Act.
(dd) Practitioner. – Any person who is a licensed
physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the
Philippines.
(ee) Protector/Coddler. – Any person who knowingly
and willfully consents to the unlawful acts provided for
in this Act and uses his/her influence, power or
position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or
has reasonable grounds to believe on or suspects, has
violated the provisions of this Act in order to prevent
the arrest, prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades,
administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or
who acts as a broker in any of such transactions, in
violation of this Act.
(gg) School. – Any educational institution, private or
public, undertaking educational operation for
pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually
located in a building or a group of buildings in a
particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to
establish potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug
and/or controlled precursor and essential chemical
whether for money or any other consideration.
(jj) Trading. – Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic
devices such as, but not limited to, text messages,
email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money
or any other consideration in violation of this Act.
(kk) Use. – Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of
the body, and of the dangerous drugs.
Section 4. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals..The penalty of life imprisonment to death and a
ranging from Five hundred thousand pesos
(P500,000.00)
to
Ten
million
pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug,
regardless of the quantity and purity involved,
including any and all species of opium poppy or any
part thereof or substances derived therefrom even for
floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import any controlled
precursor and essential chemical.
The maximum penalty provided for under this
Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring
into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through
the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her
official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Who are liable?
1) Any person, who, unless authorized by law,
shall import or bring into the Philippines any
dangerous drug
2) Any person who shall import any controlled
precursor and essential chemical.
3) Any person, who, unless authorized under this
Act, shall import or bring into the Philippines
any dangerous drug and/or controlled
precursor and essential chemical through the
use of a diplomatic passport, diplomatic
facilities or any other means involving his/her
official status intended to facilitate the unlawful
entry of the same. – MAXIMUM PENALTY
4) Any person, who organizes, manages or acts as
a "financier" of any of the illegal activities –
MAXIMUM PENALTY
5) Any person, who acts as a "protector/coddler"
of any violator
Section 5. Sale, Trading, Administration,
Dispensation,
Delivery,
Distribution
and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00)
to
Ten
million
pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
another, distribute dispatch in transit or transport
any dangerous drug, including any and all species
of opium poppy regardless of the quantity and
purity involved, or shall act as a broker in any of
such transactions.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical,
or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
(100) meters from the school, the maximum
penalty shall be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or
controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential
chemical involved in any offense herein provided
be the proximate cause of death of a victim
thereof, the maximum penalty provided for under
this Section shall be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Who are liable?
1) Any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in
transit or transport any dangerous drug,
including any and all species of opium poppy,
or shall act as a broker in any of such
transactions.
2) Any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in
transit or transport any controlled precursor
and essential chemical, or shall act as a broker
in such transactions.
3) Any person, who organizes, manages or acts as
a "financier" of any of the illegal activities –
MAXIMUM PENALTY
4) Any person, who acts as a "protector/coddler"
of any violator
Aggravating circumstances
1) If the sale, trading, administration,
dispensation, delivery, distribution or
transportation of any dangerous drug and/or
controlled precursor and essential chemical
transpires within one hundred (100) meters
from the school
2) If the victim of the offense
 is a minor or a mentally incapacitated
individual, or
 should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of
death of a victim thereof
Section 8. Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to
death and a fine ranging Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall manufacture any
controlled precursor and essential chemical.
The presence of any controlled precursor and essential
chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of
any dangerous drug. It shall be considered an
aggravating circumstance if the clandestine laboratory
is undertaken or established under the following
circumstances:
(a) Any phase of the manufacturing process was
conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was
established or undertaken within one hundred (100)
meters of a residential, business, church or school
premises;
(c) Any clandestine laboratory was secured or
protected with booby traps;
(d) Any clandestine laboratory was concealed with
legitimate business operations; or
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized
by law, shall illegally divert any controlled
precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person who
shall
1) deliver,
2) possess with intent to deliver, or
3) manufacture with intent to deliver
equipment, instrument, apparatus and
other paraphernalia for dangerous drugs,
knowing, or under circumstances where
one reasonably should know, that it will be
used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze,
pack, repack, store, contain or conceal any
dangerous drug and/or controlled
precursor and essential chemical in
violation of this Act.
The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed
if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug
in violation of this Act.
The maximum penalty provided for under this
Section shall be imposed upon any person, who uses a
minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus
and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The
penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00)
to
Ten
million
pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless
of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana
resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such
as,
but
not
limited
to,
methylenedioxymethamphetamine
(MDA)
or
"ecstasy",
paramethoxyamphetamine
(PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly
introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93,
Article XI of this Act.
Otherwise, if the quantity involved is less than the
foregoing quantities, the penalties shall be graduated as
follows:
(1) Life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than
fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day
to life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium,
morphine,
heroin,
cocaine
or
cocaine
hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced
The Revised Penal Code | VENTEROSO | 55
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three
hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from Three
hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or
marijuana
resin
oil,
methamphetamine
hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
therapeutic requirements; or less than three
hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs. - The penalty of imprisonment
ranging from six (6) months and one (1) day to
four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess
or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit
or
intended
for
smoking,
consuming,
administering, injecting, ingesting, or introducing
any dangerous drug into the body: Provided, That
in the case of medical practitioners and various
professionals who are required to carry such
equipment, instrument, apparatus and other
paraphernalia in the practice of their profession,
the Board shall prescribe the necessary
implementing guidelines thereof.
The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered
to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have
violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings. – Any
person found possessing any dangerous drug
during a party, or at a social gathering or meeting,
or in the proximate company of at least two (2)
persons, shall suffer the maximum penalties
provided for in Section 11 of this Act, regardless of
the quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings. - The maximum penalty
provided for in Section 12 of this Act shall be imposed
upon any person, who shall possess or have under
his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended
for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into
the body, during parties, social gatherings or
meetings, or in the proximate company of at least
two (2) persons.
Section 6. Maintenance of a Den, Dive or Resort. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00)
to
Ten
million
pesos
(P10,000,000.00) shall be imposed upon any person
or group of persons who shall maintain a den, dive
or resort where any dangerous drug is used or sold
in any form.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive, or
resort where any controlled precursor and essential
chemical is used or sold in any form.
The maximum penalty provided for under this
Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold
to a minor who is allowed to use the same in such a
place.
Should any dangerous drug be the proximate cause
of the death of a person using the same in such
den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen
million pesos (P500,000.00) shall be imposed on the
maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person,
the same shall be confiscated and escheated in favor
of the government: Provided, That the criminal
complaint shall specifically allege that such place is
intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove
such intent on the part of the owner to use the
property for such purpose: Provided, finally, That
the owner shall be included as an accused in the
criminal complaint.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive
or Resort. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed
upon:
(a) Any employee of a den, dive or resort, who is
aware of the nature of the place as such; and
(b) Any person who, not being included in the
provisions of the next preceding, paragraph, is aware
of the nature of the place as such and shall
knowingly visit the same
Section 15. Use of Dangerous Drugs. – A person
apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a
government center for the first offense, subject to
the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested
is also found to have in his/her possession such
quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions
stated therein shall apply.
Section 18. Unnecessary Prescription of Dangerous
Drugs. – The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to
practice shall be imposed upon the practitioner, who
shall prescribe any dangerous drug to any person
whose physical or physiological condition does
not require the use or in the dosage prescribed
therein, as determined by the Board in
consultation with recognized competent experts
who are authorized representatives of professional
organizations of practitioners, particularly those
who are involved in the care of persons with severe
pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be
a prescription for any dangerous drug.
Section 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as
a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived:
Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials
of such dangerous drugs for medical experiments and
research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary
implementing guidelines for the proper
cultivation, culture, handling, experimentation
and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on
which any of said plants is cultivated or cultured shall
be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite
the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the
maximum penalty provided for under this Section
shall be imposed upon the offender.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall illegally divert
any controlled precursor and essential chemical.
Section 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging
from one (1) year and one (1) day to six (6) years
and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
dealer or retailer who violates or fails to comply with
the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled
precursor and essential chemical in accordance with
Section 40 of this Act.
An additional penalty shall be imposed through the
revocation of the license to practice his/her
profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.
Section 40. Records Required for Transactions on Dangerous
Drug and Precursors and Essential Chemicals. –
a) Every pharmacist dealing in dangerous drugs and/or
controlled precursors and essential chemicals shall maintain and
keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following
information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or
wholesaler from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or
acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the
buyer;
(6) Serial number of the prescription and the name of the
physician, dentist, veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered;
and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6)
months, duly signed by the pharmacist or the owner of the
drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last
day of June and December of each year, with a copy thereof
furnished the city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized
to prescribe any dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate copies. The
original, after the prescription has been filled, shall be retained by
the pharmacist for a period of one (1) year from the date of sale
or delivery of such drug. One (1) copy shall be retained by the
buyer or by the person to whom the drug is delivered until such
drug is consumed, while the second copy shall be retained by the
person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians,
dentists, veterinarians or practitioners shall be written on forms
exclusively issued by and obtainable from the DOH. Such forms
shall be made of a special kind of paper and shall be distributed
in such quantities and contain such information and other data
as the DOH may, by rules and regulations, require. Such forms
shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and
practitioners in such quantities as the Board may authorize. In
emergency cases, however, as the Board may specify in the public
interest, a prescription need not be accomplished on such forms.
The prescribing physician, dentist, veterinarian or practitioner
shall, within three (3) days after issuing such prescription, inform
the DOH of the same in writing. No prescription once served by
the drugstore or pharmacy be reused nor any prescription once
issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers,
dealers and retailers of dangerous drugs and/or controlled
precursors and essential chemicals shall keep a record of all
inventories, sales, purchases, acquisitions and deliveries of the
same as well as the names, addresses and licenses of the persons
from whom such items were purchased or acquired or to whom
such items were sold or delivered, the name and quantity of the
same and the date of the transactions. Such records may be
subjected anytime for review by the Board.
Section 18. Unnecessary Prescription of
Dangerous Drugs. – The penalty of imprisonment
ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice
shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose
physical or physiological condition does not require the
use or in the dosage prescribed therein, as determined
by the Board in consultation with recognized
competent experts who are authorized representatives
of professional organizations of practitioners,
particularly those who are involved in the care of
persons with severe pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription
or any other writing purporting to be a
prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the
Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived
from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. –
Every penalty imposed for the unlawful importation,
sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and
essential chemical, the cultivation or culture of plants
which are sources of dangerous drugs, and the
possession of any equipment, instrument, apparatus
and other paraphernalia for dangerous drugs including
other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the
government, of all the proceeds and properties
derived from the unlawful act, including, but not
limited to, money and other assets obtained
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
thereby, and the instruments or tools with which
the particular unlawful act was committed, unless
they are the property of a third person not liable
for the unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without delay
pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the
appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation
and forfeiture of all the proceeds of the offense and all
the assets and properties of the accused either owned
or held by him or in the name of some other persons
if the same shall be found to be manifestly out of
proportion to his/her lawful income: Provided,
however, That if the forfeited property is a vehicle,
the same shall be auctioned off not later than five
(5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial
Court, no property, or income derived therefrom,
which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same
shall be in custodia legis and no bond shall be
admitted for the release of the same.
The proceeds of any sale or disposition of any property
confiscated or forfeited under this Section shall be
used to pay all proper expenses incurred in the
proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending
disposition, as well as expenses for publication and
court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its
campaign against illegal drugs.
Section 21. Custody and Disposition of
Confiscated,
Seized,
and/or
Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
essential
chemicals,
as
well
as
instruments/paraphernalia
and/or
laboratory
equipment so confiscated, seized and/or surrendered,
for proper disposition in the following manner:
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s
from whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the Department of
Justice (DOJ), and any elected public official who shall
be required to sign the copies of the inventory and be
given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be
submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;
(3) A certification of the forensic laboratory
examination results, which shall be done under oath by
the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject
item/s: Provided, That when the volume of the
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does
not allow the completion of testing within the time
frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final
certification shall be issued on the completed forensic
laboratory examination on the same within the next
twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and
essential
chemicals,
including
the
instruments/paraphernalia
and/or
laboratory
equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of
the accused or the person/s from whom such items
were confiscated and/or seized, or his/her
representative or counsel, a representative from the
media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as
to the fact of destruction or burning of the subject
item/s which, together with the representative
sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall
be kept to a minimum quantity as determined by the
Board;
(6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said
offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused
or his/her counsel within seventy-two (72) hours
before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to
represent the former;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(7) After the promulgation and judgment in the
criminal case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the
case and, in turn, shall request the court for leave to
turn over the said representative sample/s to the
PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
(8) Transitory Provision: a) Within twenty-four (24)
hours from the effectivity of this Act, dangerous drugs
defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be
burned or destroyed, in the presence of representatives
of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending
the organization of the PDEA, the custody,
disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under
this Section shall be implemented by the DOH.
(e) Cultivation or culture of plants which are sources
of dangerous drugs.
Section 22. Grant of Compensation, Reward and
Award. – The Board shall recommend to the
concerned government agency the grant of
compensation, reward and award to any person
providing information and to law enforcers
participating in the operation, which results in the
successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. – Any
person charged under any provision of this Act
regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation
Law for Drug Traffickers and Pushers. – 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 or Presidential Decree No. 968, as
amended.
Section
25.
Qualifying
Aggravating
Circumstances in the Commission of a Crime by
an Offender Under the Influence of Dangerous
Drugs. – Notwithstanding the provisions of any 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 application of the penalty provided
for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or
conspiracy to commit the following unlawful acts shall
be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
Section 27. Criminal Liability of a Public Officer
or
Employee
for
Misappropriation,
Misapplication or Failure to Account for the
Confiscated,
Seized
and/or
Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
Committed. – The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be
imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in
this Act.
Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and
perpetually disqualified from holding any elective
or appointive positions in the government, its
divisions, subdivisions, and intermediaries,
including government-owned or –controlled
corporations.
Section 28. Criminal Liability of Government
Officials and Employees. – The maximum penalties
of the unlawful acts provided for in this Act shall be
imposed, in addition to absolute perpetual
disqualification from any public office, if those found
guilty of such unlawful acts are government
officials and employees.
Section 29. Criminal Liability for Planting of
Evidence. – Any person who is found guilty of
"planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 30. Criminal Liability of Officers of
Partnerships, Corporations, Associations or Other
Juridical Entities. – In case any violation of this Act
is committed by a partnership, corporation,
association or any juridical entity, the partner,
president, director, manager, trustee, estate
administrator, or officer who consents to or
knowingly tolerates such violation shall be held
criminally liable as a co-principal.
The penalty provided for the offense under this Act
shall be imposed upon the partner, president, director,
manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to 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 such vehicle,
vessel, aircraft, equipment or other instrument is
owned by or under the control or supervision of the
partnership, corporation, association or juridical entity
to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien.
– 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, unless the penalty is death.
Section 32. Liability to a Person Violating Any
Regulation Issued by the Board. – The penalty of
imprisonment ranging from six (6) months and one (1)
day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found
violating any regulation duly issued by the Board
pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and
Punishment. – Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No.
6981 or the Witness Protection, Security and Benefit
Act of 1991, any person who has violated Sections 7,
11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this
Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or
any information leading to the whereabouts,
identities and arrest of all or any of the members
thereof; and who willingly testifies against such
persons as described above, shall be exempted from
prosecution or punishment for the offense with
reference to which his/her information of testimony
were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution:
Provided, That the following conditions concur:
(1) The information and testimony are necessary for
the conviction of the persons described above;
(2) Such information and testimony are not yet in
the possession of the State;
(3) Such information and testimony can be
corroborated on its material points;
(4) the informant or witness has not been previously
convicted of a crime involving moral turpitude,
except when there is no other direct evidence available
for the State other than the information and testimony
of said informant or witness; and
(5) The informant or witness shall strictly and
faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully
imposed by the State as further consideration for
the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
not appear to be most guilty for the offense with
reference to which his/her information or testimony
were given: Provided, finally, That there is no direct
evidence available for the State except for the
information and testimony of the said informant or
witness.
Section 34. Termination of the Grant of Immunity.
– The immunity granted to the informant or witness,
as prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the
information and/or testimony is false, malicious
or made only for the purpose of harassing,
molesting or in any way prejudicing the persons
described in the preceding Section against whom such
information or testimony is directed against. In such
case, the informant or witness shall be subject to
prosecution and the enjoyment of all rights and
benefits previously accorded him under this Act or any
other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails
or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any
condition accompanying such immunity as provided
above, his/her immunity shall be removed and he/she
shall likewise be subject to contempt and/or criminal
prosecution, as the case may be, and the enjoyment of
all rights and benefits previously accorded him under
this Act or in any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to under this
Act falls under the applicability of this Section hereof,
such individual cannot avail of the provisions under
Article VIII of this Act.
Section 35. Accessory Penalties. – A person
convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited
to, the rights of parental authority or guardianship,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
either as to the person or property of any ward, the
rights to dispose of such property by any act or any
conveyance inter vivos, and political rights such as
but not limited to, the right to vote and be voted
for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug
Dependents
Section 54. Voluntary Submission of a Drug
Dependent to Confinement, Treatment and
Rehabilitation. – A drug dependent or any person
who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth 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 the
examination by a DOH-accredited physician results
in the issuance of a certification that the applicant is a
drug dependent, he/she shall be ordered by the Court
to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not
less than six (6) months: Provided, That a drug
dependent may be placed under the care of a DOHaccredited physician where there is no Center near
or accessible to the residence of the drug
dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time
offender and non-confinement in a Center will not
pose a serious danger to his/her family or the
community.
Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be
apprised by the head of the treatment and
rehabilitation 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 the community.
Section 55. Exemption from the Criminal Liability
Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program,
who is finally discharged from confinement, shall
be exempt from the criminal liability under Section 15
of this act subject to the following conditions:
(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 eighteen (18)
months following temporary discharge from
confinement in the Center or, in the case of a
dependent placed under the care of the DOHaccredited physician, the after-care program and
follow-up schedule formulated by the DSWD and
approved by the Board: Provided, That capabilitybuilding of local government social workers shall be
undertaken by the DSWD;
(2) He/she has never been charged or convicted of
any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act No.
6425, as amended; the Revised Penal Code, as
amended; or any special penal laws;
(3) He/she has no record of escape from a Center:
Provided, That had he/she escaped, he/she
surrendered by himself/herself or through his/her
parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, within
one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to
himself/herself, his/her family or the community
by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center;
After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. – Upon
certification of the Center that the drug dependent
within the voluntary submission program may be
temporarily released, the Court shall order his/her
release on condition that said drug dependent shall
report to the DOH for after-care and follow-up
treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms
and conditions that the Court may impose.
If during the period of after-care and follow-up, the
drug dependent is certified to be rehabilitated,
he/she may be discharged by the Court, subject to the
provisions of Section 55 of this Act, without prejudice
to the outcome of any pending case filed in court.
However, should the DOH find that during the initial
after-care and follow-up program of eighteen (18)
months, the drug dependent requires further
treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for
confinement. Thereafter, he/she may again be
certified for temporary release and ordered released for
another after-care and follow-up program pursuant to
this Section.
Section 57. Probation and Community Service
Under the Voluntary Submission Program. – A
drug dependent who is discharged as rehabilitated by
the DOH-accredited Center through the voluntary
submission program, but does not qualify for
exemption from criminal liability under Section 55
of this Act, may be charged under the provisions of
this Act, but shall be placed on probation and
undergo a community service in lieu of
imprisonment and/or fine in the discretion of the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
court, without prejudice to the outcome of any
pending case filed in court.
Such drug dependent shall undergo community service
as part of his/her after-care and follow-up
program, which may be done in coordination with
nongovernmental civil organizations accredited
by the DSWD, with the recommendation of the
Board.
Section 58. Filing of Charges Against a Drug
Dependent Who is Not Rehabilitated Under the
Voluntary Submission Program. – A drug
dependent, who is not rehabilitated after the
second commitment to the Center under the
voluntary submission program, shall, upon
recommendation of the Board, be charged for
violation of Section 15 of this Act and prosecuted
like any other offender. If convicted, he/she shall
be credited for the period of confinement and
rehabilitation in the Center in the service of his/her
sentence.
Section 59. Escape and Recommitment for
Confinement and Rehabilitation Under the
Voluntary Submission Program. – Should a drug
dependent under the voluntary submission program
escape from the Center, he/she may submit
himself/herself for recommitment within one (1)
week therefrom, or his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity may, within said period,
surrender him for recommitment, in which case
the corresponding order shall be issued by the
Board.
Should the escapee fail to submit himself/herself or be
surrendered after one (1) week, the Board shall apply
to the court for a recommitment order upon proof
of previous commitment or his/her voluntary
submission by the Board, the court may issue an
order for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once
again escapes from confinement, he/she shall be
charged for violation of Section 15 of this Act and
he subjected under section 61 of this Act, either
upon order of the Board or upon order of the court,
as the case may be.
Section 60. Confidentiality of Records Under the
Voluntary Submission Program. – Judicial and
medical records of drug dependents under the
voluntary submission program shall be confidential
and shall not be used against him for any purpose,
except to determine how many times, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center
under this program.
Section 61. Compulsory Confinement of a Drug
Dependent Who Refuses to Apply Under the
Voluntary Submission Program. – 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.
A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may be
filed by any person authorized by the Board with
the Regional Trial Court of the province or city
where such person is found.
After the petition is filed, the court, by an order, shall
immediately fix a date for the hearing, and a copy of
such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having
charge of him.
If after such hearing and the facts so warrant, the court
shall order the drug dependent to be examined by
two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug
dependent, the court shall order his/her discharge. If
either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant
evidence which may be offered. If the court finds
him a drug dependent, it shall issue an order for
his/her commitment to a treatment and
rehabilitation center under the supervision of the
DOH. In any event, the order of discharge or order
of confinement or commitment shall be issued not
later than fifteen (15) days from the filing of the
appropriate petition.
Section 62. Compulsory Submission of a Drug
Dependent Charged with an Offense to Treatment
and Rehabilitation. – If a person charged with an
offense where the imposable penalty is
imprisonment of less than six (6) years and one (1)
day, and is found by the prosecutor or by the court,
at any stage of the proceedings, to be a drug
dependent, the prosecutor or the court as the case
may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event the Board determines, after medical
examination, that public interest requires that such
drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition
for his/her commitment with the regional trial court
of the province or city where he/she is being
investigated or tried: Provided, That where a criminal
case is pending in court, such petition shall be filed in
the said court. The court shall take judicial notice of the
prior proceedings in the case and shall proceed to hear
the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a
Center for treatment and rehabilitation. The head
of said Center shall submit to the court every four (4)
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
months, or as often as the court may require, a written
report on the progress of the treatment. If the
dependent is rehabilitated, as certified by the center
and the Board, he/she shall be returned to the court,
which committed him, for his/her discharge
therefrom.
Thereafter, his/her prosecution for any offense
punishable by law shall be instituted or shall continue,
as the case may be. In case of conviction, the judgment
shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good
behavior, indicate that he/she shall be given full credit
for the period he/she was confined in the Center:
Provided, however, That when the offense is for
violation of Section 15 of this Act and the accused is
not a recidivist, the penalty thereof shall be deemed to
have been served in the Center upon his/her release
therefrom after certification by the Center and the
Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged
Against a Drug Dependent Under the Compulsory
Submission Program. – The period of prescription of
the offense charged against a drug dependent under the
compulsory submission program shall 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.
Upon certification of the Center that he/she may
temporarily be discharged from the said Center, the
court shall order his/her release on condition that
he/she shall report to the Board through the DOH for
after-care and follow-up treatment for a period not
exceeding eighteen (18) months under such terms and
conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up
period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final
discharge from confinement and order for the
immediate resumption of the trial of the case for which
he/she is originally charged. Should the Board through
the DOH find at anytime during the after-care and
follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court,
which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to
a Center upon petition by the Board escape therefrom,
he/she may resubmit himself/herself for confinement
within one (1) week from the date of his/her escape;
or his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity may,
within the same period, surrender him for
recommitment. If, however, the drug dependent does
not resubmit himself/herself for confinement or
he/she is not surrendered for recommitment, the
Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous
commitment, the court shall issue an order for
recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any dangerous
drug.
A drug dependent committed under this particular
Section who is finally discharged from confinement
shall be exempt from criminal liability under Section 15
of this Act, without prejudice to the outcome of any
pending case filed in court. On the other hand, a drug
dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by
the appropriate court, suffer the same penalties
provided for under Section 15 of this Act again without
prejudice to the outcome of any pending case filed in
court.
Section 64. Confidentiality of Records Under the
Compulsory Submission Program. – The records of a
drug dependent who was rehabilitated and discharged
from the Center under the compulsory submission
program, or who was charged for violation of Section
15 of this Act, shall be covered by Section 60 of this
Act. However, the records of a drug dependent who
was not rehabilitated, or who escaped but did not
surrender himself/herself within the prescribed period,
shall be forwarded to the court and their use shall be
determined by the court, taking into consideration
public interest and the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings.
– It shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to
prepare the appropriate petition in all proceedings
arising from this Act.
Section 66. Suspension of Sentence of a First-Time
Minor Offender. – An accused who is over fifteen (15)
years of age at the time of the commission of the
offense mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the time when
judgment should have been promulgated after having
been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the
following conditions:
(a) He/she has not been previously convicted of
violating any provision of this Act, or of the Dangerous
Drugs Act of 1972, as amended; or of the Revised
Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a
Center or to the care of a DOH-accredited physician;
and
(c) The Board favorably recommends that his/her
sentence be suspended.
While under suspended sentence, he/she shall be
under the supervision and rehabilitative surveillance of
the Board, under such conditions that the court may
impose for a period ranging from six (6) months to
eighteen (18) months.
Upon recommendation of the Board, the court may
commit the accused under suspended sentence to a
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Center, or to the care of a DOH-accredited physician
for at least six (6) months, with after-care and followup program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at
the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No.
603, otherwise known as the Child and Youth Welfare
Code, as amended by Presidential Decree No. 1179
shall apply, without prejudice to the application of the
provisions of this Section.
Section 67. Discharge After Compliance with
Conditions of Suspended Sentence of a First-Time
Minor Offender. – If the accused first time minor
offender under suspended sentence complies with the
applicable rules and regulations of the Board, including
confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge
of the accused, shall discharge the accused and dismiss
all proceedings.
Upon the dismissal of the proceedings against the
accused, the court shall enter an order to expunge all
official records, other than the confidential record to
be retained by the DOJ relating to the case. Such an
order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him
for any purpose.
Section 68. Privilege of Suspended Sentence to be
Availed of Only Once by a First-Time Minor Offender.
– 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
of this Act but not more than eighteen (18) years of age
at the time when judgment should have been
promulgated.
Section 69. Promulgation of Sentence for First-Time
Minor Offender. – If the accused first-time minor
offender violates any of the conditions of his/her
suspended sentence, the applicable rules and
regulations of the Board exercising supervision and
rehabilitative surveillance over him, including the rules
and regulations of the Center should confinement be
required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other
convicted person.
Section 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of
Imprisonment. – Upon promulgation of the sentence,
the court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act
is higher than that provided under existing law on
probation, or impose community service in lieu of
imprisonment. In case of probation, the supervision
and rehabilitative surveillance shall be undertaken by
the Board through the DOH in coordination with the
Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions
of the probation, the Board shall submit a written
report to the court recommending termination of
probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied with under
conditions, time and place as may be determined by the
court in its discretion and upon the recommendation
of the Board and shall apply only to violators of Section
15 of this Act. The completion of the community
service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by
the court. Thereafter, the Board shall render a report
on the manner of compliance of said community
service. The court in its discretion may require
extension of the community service or order a final
discharge.
In both cases, the judicial records shall be covered by
the provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires
imprisonment, the period spent in the Center by the
accused during the suspended sentence period shall be
deducted from the sentence to be served.
Section 71. Records to be kept by the Department of
Justice. – The DOJ shall keep a confidential record of
the proceedings on suspension of sentence and shall
not be used for any purpose other than to determine
whether or not a person accused under this Act is a
first-time minor offender.
Section 72. Liability of a Person Who Violates the
Confidentiality of Records. – The penalty of
imprisonment ranging from six (6) months and one (1)
day to six (6) years and a fine ranging from One
thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who,
having official custody of or access to the confidential
records of any drug dependent under voluntary
submission programs, or anyone who, having gained
possession of said records, whether lawfully or not,
reveals their content to any person other than those
charged with the prosecution of the offenses under this
Act and its implementation. The maximum penalty
shall be imposed, in addition to absolute perpetual
disqualification from any public office, when the
offender is a government official or employee. Should
the records be used for unlawful purposes, such as
blackmail of the drug dependent or the members of
his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to
whatever crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian
Who Refuses to Cooperate with the Board or any
Concerned Agency. – Any parent, spouse or guardian
who, without valid reason, refuses to cooperate with
the Board or any concerned agency in the treatment
and rehabilitation of a drug dependent who is a minor,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
or in any manner, prevents or delays the after-care,
follow-up or other programs for the welfare of the
accused drug dependent, whether under voluntary
submission program or compulsory submission
program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and
Rehabilitation of a Drug Dependent. – The parent,
spouse, guardian or any relative within the fourth
degree of consanguinity of any person who is confined
under the voluntary submission program or
compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and
rehabilitation, the guidelines of which shall be
formulated by the DSWD taking into consideration the
economic status of the family of the person confined.
The guidelines therein formulated shall be
implemented by a social worker of the local
government unit.
(4) Prescribe and promulgate rules and regulations
governing the establishment of such Centers as it may
deem necessary after conducting a feasibility study
thereof;
(5) The DOH shall, without prejudice to the criminal
prosecution of those found guilty of violating this Act,
order the closure of a Center for treatment and
rehabilitation of drug dependency when, after
investigation it is found guilty of violating the
provisions of this Act or regulations issued by the
Board; and
(6) Charge reasonable fees for drug dependency
examinations, other medical and legal services
provided to the public, which shall accrue to the Board.
All income derived from these sources shall be part of
the funds constituted as special funds for the
implementation of this Act under Section 87.
Section 75. Treatment and Rehabilitation Centers. –
The existing treatment and rehabilitation centers for
drug dependents operated and maintained by the NBI
and the PNP shall be operated, maintained and
managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the
network of centers, the Board through the DOH shall
encourage, promote or whenever feasible, assist or
support in the establishment, operations and
maintenance of private centers which shall be eligible
to receive grants, donations or subsidy from either
government or private sources. It shall also support the
establishment of government-operated regional
treatment and rehabilitation centers depending upon
the availability of funds. The national government,
through its appropriate agencies shall give priority
funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall
establish at least one (1) drug rehabilitation center in
each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the
Department of health (DOH) Under this Act. – The
DOH shall:
(1) Oversee the monitor the integration, coordination
and supervision of all drug rehabilitation, intervention,
after-care and follow-up programs, projects and
activities as well as the establishment, operations,
maintenance and management of privately-owned drug
treatment rehabilitation centers and drug testing
networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test
network and laboratory, initiate, conduct and support
scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers,
promulgate rules and regulations setting minimum
standards for their accreditation to assure their
competence, integrity and stability;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE VI
Crimes against Public Morals
CHAPTER ONE GAMBLING AND
BETTING
Gambling – any game or scheme, whether upon
chance or skill wherein wagers consisting of
1) money,
2) articles or
3) value or
4) representative of value are at stake or made.
 PD 1602, dated June 11, 1978, provides stiffer
penalties for violations of the gambling
laws.
1) Any person who, in any manner, shall directly or
indirectly take part 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;
 dog 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;
 Note: There must be a consideration involved.
 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;
 RA 9287 increased the penalties for illegal
number games, amending certain provisions
of PD 1602
Illegal number games
"Illegal number games" is any form of
illegal gambling activity which uses numbers
or combinations thereof as factors in giving
out jackpots/ prizes/returns. (Sec. 4(a), RA
9287) It includes games such: as jueteng, masiao
and last two.
REPUBLIC ACT No. 9287
AN ACT INCREASING THE PENALTIES
FOR ILLEGAL NUMBERS GAMES,
AMENDING CERTAIN PROVISIONS OF
PRESIDENTIAL DECREE NO. 1602, AND
FOR OTHER PURPOSES
Sec. 2. Definition of Terms. - As used in this Act,
the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal
gambling activity which uses numbers or
combinations thereof as factors in giving out
jackpots.
b) Jueteng. - An illegal numbers game that
involves the combination of thirty-seven
(37) numbers against thirty-seven (37)
numbers from number one (1) to thirty seven
(37) or the combination of thirty-eight (38)
numbers in some areas, serving as a form of
local lottery where bets are placed and accepted
per combination, and its variants.
c) Masiao. - An illegal numbers game where
the winning combination is derived from the
results of the last game of Jai Alai or the
Special Llave portion or any result thereof
based on any fictitious Jai Alai game consisting
of ten (10) players pitted against one another,
and its variants.
d) Last Two. - An illegal numbers game where
the winning combination is derived from the
last two (2) numbers of the first prize of the
winning Sweepstakes ticket which comes
out during the weekly draw of the
Philippine Charity Sweepstakes Office
(PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants
thereof). - Any person who places bets for
himself/herself or in behalf of another
person, or any person, other than the
personnel or staff of any illegal numbers
game operation.
f) Personnel or Staff of Illegal Numbers
Game Operation. - Any person, who acts in
the interest of the maintainer, manager or
operator, such as, but not limited to, an
accountant, cashier, checker, guard,
runner, table manager, usher, watcher, or
any other personnel performing such similar
functions in a building structure, vessel,
vehicle, or any other place where an illegal
numbers game is operated or conducted.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
g) Collector or Agent ("Cabo", "Cobrador",
"Coriador" or variants thereof). - Any person
who collects, solicits or produces bets in
behalf of his/her principal for any illegal
numbers game who is usually in possession
of gambling paraphernalia.
Sec. 4. Possession of Gambling Paraphernalia or
Materials. - The possession of any gambling
paraphernalia and other materials used in the illegal
numbers game operation shall be deemed prima facie
evidence of any offense covered by this Act.
h) Coordinator, Controller or Supervisor
("Encargado" or variants thereof). - Any
person who exercises control and
supervision over the collector or agent.
Sec. 5. Liability of Government Employees and/or Public
Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game is a
government employee and/or public official,
whether elected or appointed shall suffer the penalty
of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three million pesos
(P3,000,000.00) to Five million pesos (P5,000,000.00)
and perpetual absolute disqualification from
public office.
i) Maintainer, Manager or Operator. - Any
person who maintains, manages or operates
any illegal number game in a specific area from
whom the coordinator, controller or
supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who
finances the operations of any illegal
numbers game.
k) Protector or Coddler. - Any person who
lends or provides protection, or receives
benefits in any manner in the operation of any
illegal numbers game.
Penalty
Who are liable?
imprisonment from bettor
thirty (30) days to
ninety (90) days
imprisonment from
six (6) years and one
(1) day to eight (8)
years
personnel or staff of an
illegal
numbers
game
operation
any person who allows his
vehicle, house, building or
land to be used in the
operation of the illegal
numbers games
imprisonment from collector or agent
(8) years and (1) day
to (10) years
imprisonment from person acts as a coordinator,
(10) years and (1) controller or supervisor;
day to (12) years,
imprisonment from person acts as a maintainer,
(12) years and (1) manager or operator
day to (10) (14)
years,
imprisonment from person acts as a financier or
(14) years and (1) capitalist
day to (16) years,
imprisonment from person acts as protector or
(16) years and (1) coddler.
day to (20) years,
Liability of Government Officials and Employees
under RA 9287
In addition to the penalty provided in the immediately
preceding section, the accessory penalty of
perpetual disqualification from public office shall
be imposed upon any local government official who,
having knowledge of the existence of the operation of
any illegal numbers game in his/her jurisdiction, fails
to abate or to take action, or tolerates the same in
connection therewith.
b) In the case of failure to apprehend perpetrators of
any illegal numbers game, any law enforcer shall suffer
an administrative penalty of suspension or dismissal, as
the case may be, to be imposed by the appropriate
authority.
Penalty
Who are liable?
(12) years and (1) 
day to twenty (20)
years and
fine ranging from
P3,000,000.00
to
P5,000,000.00 and
collector,
agent,
coordinator, controller,
supervisor, maintainer,
manager,
operator,
financier or capitalist of
any illegal numbers game
and

a government employee
and/or public official,
whether
elected
or
appointed
In addition to the 
penalty provided in
the immediately
preceding section, 
the accessory penalty
of
perpetual
disqualification from
public office

any local government
official who,
perpetual absolute
disqualification from
public office.
having knowledge of the
existence
of
the
operation of any illegal
numbers game in his/her
jurisdiction,
fails to abate or to take
action or tolerates the
same in connection
therewith.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Penalty
Who are liable?
Administrative

penalty
of
suspension
or
dismissal, as the
case may be, to be 
imposed by the
appropriate
authority.
failure to apprehend
perpetrators of any illegal
numbers game,
any law enforcer
Lottery – it is a scheme for the distribution of prizes
by chance among persons who have paid, or agreed to
pay, a valuable consideration for the chance to obtain
a prize.
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.
Knowledge 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 and
controlled by the offender.
3) That the offender permitted the carrying of
such game, knowing that it is a gambling game.
 Maintainer (person who sets up and
furnishes the means with which to
carry on the gambling game or
scheme) and
 conductor (person who manages or
carries on the gambling game or
scheme) of a gambling game or
scheme are likewise punished.
 Proof that game took place or is about to
take place is not necessary
 But proof to the contrary is necessary when the
jueteng lists pertain to games played on
other dates.
PD 483
BETTING, GAME-FIXING OR POINT
SHAVING AND MACHINATIONS IN
SPORT CONTESTS
Section 1. Definitions. For purposes of this Decree, the
following terms shall mean and be understood to be as
hereunder indicated:
a. Betting money or any object or article of value or
representative of value upon the result of any game,
races and other sports contest.
b. 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.
c. Point-shaving any such arrangement, combination,
scheme or agreement by which the skill or ability of any
player or participant in a game, races or sports contests
to make points or scores shall be limited deliberately
in order to influence the result thereof in favor of
one or other team, player or participant therein.
d. Game-machinations any other fraudulent,
deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of
influencing the result of any game, races or sport
contest.
Section 2. Betting, game-fixing, point-shaving or game
machination unlawful. Game-fixing, point-shaving,
machination, as defined in the preceding section, in
connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-alai", "sipa",
"pelota" and all other sports contests, games or races;
as well as betting therein except as may be authorized
by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of
the rules and regulations promulgated in accordance
herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race or
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.
b. In case of any offender, he shall, upon conviction,
be punished by prision 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.
c. 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
Section 3 a small 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 4. Clearance for arrest, detention or prosecution. No
person who voluntarily discloses or denounces to the
President of the Philippine Amateur Athletic
Federation or to the National Sports Associations
concerned and/or to any law enforcement/police
authority any of the acts penalized by this Decree shall
be arrested, detained and/or prosecuted except upon
prior written clearance from the President of the
Philippines and/or of the Secretary of National
Defense.
Section 5. Repealing Clause. Article 197 of Act No. 3815,
otherwise known as the Revised Penal Code, as
amended, all provisions of decrees, general orders,
letters of instructions, laws, executive orders and rules
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and regulations which are inconsistent with this Decree
are hereby repealed.
Acts punishable in illegal betting on horse races
1.
By betting on horse races during the periods
not allowed by law.
The penalty is higher for a person who employ a
totalizer or other device.
Maintaining or employing a totalizer or other device or
scheme for betting on horse races or realizing any
profits therefrom aggravates the liability of the
offenders. A totalizer is a machine for registering
and indicating the number and nature of bets
made on horse races.
Racing Days
Private individuals and entities duly licensed by the
Commission on Races (now Games and Amusement
Board) may hold horse races on Sundays nor reserved
under this Acts, on 24 Saturdays as may be determined
by the said Commission, and on legal holidays, except
on the following:




July 4th of each year (RA 137)
Dec. 30th of each year (RA 229)
Any registration or voting days (RA 180,
Revised Election Code); and
Holy Thursday and Good Friday (RA 946)
The race held on the same day and at the same
place is punishable as a separate offense.
The race held on the same day and at the same place,
is punished as a separate offense. (Art. 198, par. 2) It
would seem that the penalties respectively provided in
the 1st paragraph shall be imposed.
No liability if there is no betting or use of totalizer.
PRESIDENTIAL DECREE No. 420 March 20,
1974
CREATING THE PHILIPPINE RACING
COMMISSION
Section 1. Declaration of Policy. It is the declared policy
to promote and direct the accelerated development and
continued growth of horse-racing not only in
pursuance of the sports development program but also
in order to insure the full exploitation of the sport as a
source of revenue and employment.
Section 2. Creation of the Philippine Racing Commission.
For the purpose of carrying out the above declared
policy, there is hereby created a Philippine Racing
Commission.
Section 8. Jurisdictions, Powers and Functions. Generally,
the Commission shall have exclusive jurisdiction
and control over every aspect of the conduct of
horse-racing, including the framing and
scheduling of races, the construction and safety of
race tacks, the allocation of prizes, and the
security of racing.
The functions of Games and Amusements Board
with respect to horse-racing, except those related to the
supervision and regulation of betting in horse-racing
as provided for in Sections 6, 11, 15, 18 and 24 of
Republic Act 309, as amended, are hereby transferred
to the Commission.
The Games and Amusements Board shall continue
to supervise jai-alai, boxing and wrestling activities
as provided in existing applicable laws.
PR 49. RACING LICENSE
No persons, Racing Club or any other entity shall hold
or conduct any horse racing wherein betting in any
form is allowed unless a racing permit or license is
secured from the PHILRACOM.
A racing license shall specify, among other things, the
person, the Racing Club or entity to which it is issued,
the place where the races are to be held or conducted,
and the day/s in which the races shall be held.
Notwithstanding the issuance of such license, the same
may be suspended or revoked by the PHILRACOM
for just cause.
PR 50. RACING DAYS
Subject to existing laws or decrees and in accordance
with the calendar of races for a year previously
approved by the PHILRACOM, a person, racing club,
or other entities duly licensed by the PHILRACOM
may hold races on days authorized by the
PHILRACOM.
PR 50-A. SCHEDULE AND MAXIMUM NUMBER
OF RACES PER WEEK
The PHILRACOM has set the maximum number of
races per week at 59 races, in accordance with the
following schedule:
Tuesday* – 8 races
Wednesday* – 8 races
Thursday – 8 races
Friday – 9 races
Saturday – 13 races
Sunday – 13 races
* Tuesday and Wednesday are optional racing days
subject to the approval of the PHILRACOM Board.
PRESIDENTIAL DECREE No. 449 May 9, 1974
COCKFIGHTING LAW OF 1974
Section 4. Definition of Terms. As used in this law, the
following terms shall be understood, applied and
construed as follows:
(a) Cockfighting shall embrace and mean the
commonly known game or term "cockfighting derby,
pintakasi or tupada", or its equivalent terms in different
Philippine localities.
(b) Zoning Law or Ordinance Either both national
or local city or municipal legislation which logically
arranges, prescribes, defines and apportions a given
political subdivision into specific land uses as present
and future projection of needs warrant.
(c) Bet Taker of Promoter A person who calls and
takes care of bets from owners of both gamecocks
and those of other bettors before he orders
commencement of the cockfight and thereafter
distributes won bets to the winners after deducting a
certain commission.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(d) Gaffer (Taga Tari) A person knowledgeable in
the art of arming fighting cocks with gaff or gaffs on
either or both legs.
(e) Referee (Sentenciador) A person who watches
and oversees the proper gaffing of fighting cocks,
determines the physical condition of fighting cocks
while cockfighting is in progress, the injuries sustained
by the cocks and their capability to continue fighting
and decides and make known his decision by work or
gestures and result of the cockfight by announcing the
winner or declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights
and with the use of money or other things of value,
bets with other bettors or through the bet taker or
promoter and wins or loses his bet depending upon the
result of the cockfight as announced by the Referee or
Sentenciador. He may be the owner of fighting
cock.
Section 5. Cockpits and Cockfighting: In General:
Independence Day) November 30 (National
Heroes Day), Holy Thursday, Good Friday,
Election or Referendum Day and during
Registration Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. Subject to the preceding
subsection hereof, the Chief Constabulary or his
authorized representative may also allow the holding of
cockfighting for the entertainment of foreign
dignitaries or for tourists, or for returning
Filipinos, commonly known as "Balikbayan", or
for the support of national fund-raising campaigns
for charitable purposes as may be authorized by the
Office of the President, upon resolution of a
provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks: Provided,
that this privilege shall be extended for only one time,
for a period not exceeding three days, within a year to
a province, city, or municipality.
(a) Ownership, Operation and Management of
Cockpits. Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to own,
manage and operate cockpits. Cooperative
capitalization is encouraged.
(f) Other games during cockfights prescribed. No
gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting during
cockfights. The owner, manager or lessee off such
cockpit and the violators of this injunction shall be
criminally liable under Section 8 hereof.
(b) Establishment of Cockpits. Only one cockpit shall
be allowed in each city or municipality, except that
in cities or municipalities with a population of over one
hundred thousand, two cockpits may be
established, maintained and operated.
Section 8. Penal Provisions. Any violation of the
provisions of this Decree and of the rules and
regulations promulgated by the Chief of Constabulary
pursuant thereto shall be punished as follows:
(c) Cockpits Site and Construction. Cockpits shall be
constructed and operated within the appropriate areas
as prescribed in Zoning Law or Ordinance. In the
absence of such law or ordinance, the local executives
shall see to it that no cockpits are constructed within
or near existing residential or commercial areas,
hospitals, school buildings, churches or other
public buildings.
Owners, lessees, or operators of cockpits which are
now in existence and do not conform to this
requirement are given three years from the date of
effectivity of this Decree to comply herewith.
Approval or issuance of building permits for the
construction of cockpits shall be made by the city or
provincial engineer in accordance with their respective
building codes, ordinances or engineering laws and
practices.
(d) Holding of Cockfights. Except as provided in this
Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and
during local fiestas for not more than three days. It
may also be held during provincial, city or
municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of
three days upon resolution of the province, city or
municipality where such fair, carnival or exposition is
to be held, subject to the approval of the Chief of
Constabulary or his authorized representative:
Provided, that, no cockfighting on the occasion of such
fair, carnival or exposition shall be allowed within the
month of a local fiesta or for more than two
occasions a year in the same city or municipality:
Provided, further, that no cockfighting shall be held
on December 30 (Rizal Day), June 12 (Philippine
a. By prision correccional in its maximum period and a fine
of two thousand pesos, with subsidiary imprisonment
in case of insolvency, when the offender is the financer,
owner, manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or the offender is
guilty of allowing, promoting or participating in any
other kind of gambling in the premises of cockfights
during cockfights.
b. By prision correccional or a fine of not less than six
hundred pesos nor more than two thousand pesos or
both, such imprisonment and fine at the discretion of
the court, with subsidiary imprisonment in case of
insolvency, in case of any other offender.
Permitting gambling of any kind in cockpit is
punished under the same decree
The owner, manager or lessee of the cockpit who shall
permit gambling of any kind on the premises of the
cockpit or place of cockfight during cockfights,
violation of the injunction, shall be criminally liable
under Sec. 9 (Sec. 5[f])
Spectators in a cockfight are not liable
The Decree does not punish a person attending as a
spectator in a cockfight. To be liable, he must
participate in the cockfight as bettor.
Article 200
Grave scandal. — The penalties of arresto mayor and
public censure shall be imposed upon any person
who shall offend against decency or good customs
by any highly scandalous conduct not expressly
falling within any other article of this Code.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
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 – propriety 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 been
committed publicly, have given rise to public scandal
to persons who have accidentally witnessed the same.
 The acts must be those that can cause public
scandal among the persons witnessing them
besides being contrary to public morals and
good customs.
 If the act or acts of the offender are punished
under another article of this Code, Art. 200 is
not applicable
 The acts must be performed in a public place
or within the public knowledge or view.
 When the acts were performed in a private
house and seen by one person, the crime was
not committed.
Article 201
Immoral doctrines, obscene publications and exhibitions and
indecent shows. — The penalty of prision mayor or a fine
ranging from six thousand to twelve thousand pesos,
or both such imprisonment and fine, shall be
imposed upon:
1) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
2) (a) the authors of obscene literature, published
with their knowledge in any form; the editors
publishing such literature; and the owners/operators
of the establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or
any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law, public
order, morals, and good customs, established
policies, lawful orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit films,
prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960
and 969).
 This offense in any of the forms mentioned in
the article is committed only when there is
publicity.
Moral – implies conformity with the generally
accepted standards of goodness or rightness in conduct
or character, sometimes, specifically, to sexual conduct.
The author of obscene literature is liable only
when it is published with his knowledge.
 Writing of obscene literature is not punished,
but the author is liable if it is published with
his knowledge. In every case, the editor
publishing it is liable.
Obscene – something offensive to chastity, decency
or delicacy.
The Test of Obscenity
 The test is whether the tendency of the matter
charged as obscene is to
1) Deprave or corrupt those whose minds are
open to such immoral influences,
2) And into whose hands such a publication may
fall and also
3) Whether or not such publication or act shocks
the ordinary and common sense of men as an
indecency.
Indecency – is an act against the good behavior and
a just delicacy.
Mere nudity in pictures and paintings, not an
obscenity
 The proper test is
1) whether the motive of the picture, as indicated
by it, is pure or impure; or
2) Whether it is naturally calculated to excite
impure imaginations.
Mere possession of obscene materials is not
punishable
 Mere possession of obscene materials, without
intention to sell, exhibit, or give them
away, is not punishable under Art. 201,
considering the purpose of the law is to
prohibit the dissemination of obscene
materials to the public.
 The word “give away” in par. 3 of Art. 201,
should be read “distribute”
 Pictures with slight degree of obscenity, not
used for art’s sake but for commercial
purposes, fall under this Article.
Purpose of the law in punishing obscene
publications and exhibitions
 The object of the law is to protect the morals
of the public.
Disposition of prohibited articles.
Publicity is essential
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 The disposition of the literature, films, prints,
engravings, sculptures, paintings, or other
materials involved in the violation referred to
in Sec. 1 hereof shall be governed by the
following rules:
A) Upon conviction of the offender – to be
forfeited in favor of the government to be
destroyed.
B) 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 of Constabulary.
C) The person aggrieved by the forfeiture action
of the Chief of Constabulary may, within 15
days after his receipt of a copy of the decision,
appeal the matter to the Secretary of National
Defense for review. The decision of the
Secretary of National Defense shall be final and
unappealable. (Sec. 2, PD 969)
D) If the offender is a government official or
employee, the penalty as provided herein shall
be imposed in its maximum period and in
addition, the accessory penalties provided for
in RPC, as amended, shall likewise be imposed.
(Sec. 4, PD 969)
REPUBLIC ACT No. 9995
AN ACT DEFINING AND PENALIZING
THE CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER
PURPOSES
Section 1. Short Title. - This Act shall be known as the
"Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the
dignity and privacy of every human person and
guarantees full respect for human rights. Toward this
end, the State shall penalize acts that would destroy the
honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act,
the term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means to
videotape, photograph, film, record by any means,
or broadcast.
(c) "Female breast" means any portion of the female
breast.
(d) "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy,
or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo
or video coverage or recordings of such sexual act or
similar activity through VCD/DVD, internet, cellular
phones and similar means or device without the written
consent of the person/s involved, notwithstanding
that consent to record or take photo or video coverage
of same was given by such person's.
(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks
or female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being
concerned that an image or a private area of the person
was being captured; or circumstances in which a
reasonable person would believe that a private area of
the person would not be visible to the public,
regardless of whether that person is in a public or
private place.
Prohibited Acts
(a) To take photo or video coverage of a person or
group of persons performing sexual act or any similar
activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s
has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without
consideration.
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction
thereof; or
(d) To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device.
Note: The prohibition under paragraphs (b), (c) and (d) shall
apply notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any
person who violates this provision shall be liable for photo or video
voyeurism as defined herein.
What are the exemptions to this law?
A peace officer who is authorized by written order of
the court, to use the record or any copy thereof as
evidence in any civil, criminal investigation or trial of
the crime of photo or video voyeurism.
Provided the following conditions are met.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) The written order shall only be granted
upon written application and the
examination under oath or affirmation
of the applicant and the witnesses he/she
may produce, and
2) Upon showing that there are reasonable
grounds to believe that photo or video
voyeurism has been committed or is
about to be committed, and
3) The evidence to be obtained is essential to
the conviction of any person for, or to the
solution or prevention of such crime
Section 7. Inadmissibility of Evidence. - Any
record, photo or video, or copy thereof, obtained or
secured by any person in violation of the preceding
sections shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative
hearing or investigation.
Article 202
Prostitutes; Penalty. – For the purposes of this article,
women who, for money or profit, habitually indulge
in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period
to prision correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court."
Art. 202 not applicable to minors.
 Persons below 18 years of age shall be exempt
from prosecution for the crimes of vagrancy
and prostitution under Sec. 202 of RPC, of
mendicancy under PD 1563, and sniffing of
rugby under PD 1619, such prosecution being
inconsistent with the UN Convention on the
Rights of the Child: Provided, that said
persons shall undergo appropriate counseling
and treatment program. (Sec. 58 of RA 9344,
Juvenile Justice and Welfare Act of 2006)
Prostitute – a woman is a prostitute when
1. She habitually indulges in (a) Sexual
intercourse, or(b) Lascivious conduct, 2. For
money or profit.
 Hence, one sexual intercourse with a man
for money or profit does not make a woman
a prostitute. And several intercourses with
different men do not make her a prostitute, if
there is no evidence that she indulged in sexual
intercourse for money or profit.
 Note also that sexual intercourse is not
absolutely necessary, as lascivious conduct is
sufficient.
REPUBLIC ACT NO. 10158
AN ACT DECRIMINALIZING VAGRANCY,
AMENDING FOR THIS PURPOSE ARTICLE
202 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED
PENAL CODE
Section 2. Effect on Pending Cases. – All pending cases
under the provisions of Article 202 of the Revised
Penal Code on Vagrancy prior to its amendment by
this Act shall be dismissed upon effectivity of this Act.
Section 3. Immediate Release of Convicted Persons. – All
persons serving sentence for violation of the
provisions of Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act shall be
immediately released upon effectivity of this Act:
Provided, that they are not serving sentence or
detained for any other offense or felony.
REPUBLIC ACT No. 9775
AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as
the "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes
the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual,
intellectual, emotional, psychological and social wellbeing. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every
child from all forms of neglect, cruelty and
other conditions prejudicial to his/her
development;
(b) Protect every child from all forms of
exploitation and abuse including, but not
limited to:
(1) the use of a child in pornographic
performances and materials; and
(2) the inducement or coercion of a
child to engage or be involved in
pornography through whatever means;
and
(c) Comply with international treaties to which
the Philippines is a signatory or a State party
concerning the rights of children which
include, but not limited to, the Convention on
the Rights of the Child, the Optional Protocol
to the Convention on the Rights of the Child
of the Child on the Sale of Children, Child
Prostitution and Child Pornography, the
International Labor Organization (ILO)
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Convention No.182 on the Elimination of the
Worst Forms of Child Labor and the
Convention Against Transnational Organized
Crime.
Section 3. Definition of Terms. (a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as
a child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or
graphics of a person who is
represented or who is made to appear
to be a child as defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or
any other means, of child engaged or
involved in real or simulated explicit sexual
activities.
(c) "Explicit Sexual Activity" includes actual
or simulated (1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to offer
services to the public for the use of its
computer/s or computer system for the
purpose of accessing the internet, computer
games or related services.
(f) "Internet content host" refers to a person
who hosts or who proposes to host internet
content in the Philippines.
(g) "Internet service provider (ISP)" refers to
a person or entity that supplies or proposes to
supply, an internet carriage service to the
public.
(h) "Grooming" refers to the act of preparing
a child or someone who the offender believes
to be a child for sexual activity or sexual
relationship by communicating any form of
child pornography. It includes online
enticement or enticement through any other
means.
(i) "Luring" refers to the act of
communicating, by means of a computer
system, with a child or someone who the
offender believes to be a child for the purpose
of facilitating the commission of sexual
activity or production of any form of child
pornography.
(2) Bestiality;
(j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
distributing through any means any
material or purported material that is
intended to cause another to believe that
the material or purported material contains
any form of child pornography, regardless
of the actual content of the material or
purported material.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It shall be
unlawful for any person:
(4) sadistic or masochistic abuse;
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
(b) To produce, direct, manufacture or create
any form of child pornography;
(6) use of any object or instrument for
lascivious acts
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(d) "Internet address" refers to a website,
bulletin board service, internet chat room or
news group, or any other internet or shared
network protocol address.
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
same form shall be prima facie evidence of
the intent to sell, distribute, publish or
broadcast;
(e) Officer or social worker of the Department
of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a
child;
(i) To engage in pandering of any form of
child pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when two
(2) or more persons come to an agreement
concerning the commission of any of the
said prohibited acts and decide to commit
it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of
child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with
one another and shall be punished under Section 15(a)
of this Act.
Section 6. Who May File a Complaint. - Complaints on
cases of any form of child pornography and other
offenses punishable under this Act may be filed by the
following:
(a) Offended party;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible
citizens residing in the place where the
violation occurred; or
(j) Any person who has personal knowledge of
the circumstances of the commission of any
offense under this Act.
Section 7. Appointment of Special Prosecutors. - The
Department of Justice (DOJ) shall appoint or
designate special prosecutors to prosecute cases for the
violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the
violation of this Act shall be vested in the Family
Court which has territorial jurisdiction over the
place where the offense or any of its essential
elements was committed pursuant to Republic Act
No. 8369, otherwise known as "Family Courts Act of
1997".
Section 9. Duties of an Internet Service Provider (ISP). - All
internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National
Bureau of Investigation (NBI) within seven (7) days
from obtaining facts and circumstances that any form
of child pornography is being committed using its
server or facility. Nothing in this section may be
construed to require an ISP to engage in the
monitoring of any user, subscriber or customer, or the
content of any communication of any such
person: Provided, That no ISP shall be held civilly liable
for damages on account of any notice given in good
faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for
purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities,
furnish the particulars of users who gained or
attempted to gain access to an internet address which
contains any form of child pornography.
All ISPs shall install available technology, program or
software to ensure that access to or transmittal of any
form of child pornography will be blocked or filtered.
(b) Parents or guardians;
(c) Ascendant or collateral relative within the
third degree of consanguinity;
(d) Officer, social worker or representative of a
licensed child-caring institution;
An ISP who shall knowingly, willfully and intentionally
violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission
(NTC) shall promulgate within ninety (90) days from
the effectivity of this Act the necessary rules and
regulations for the implementation of this provision
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
which shall include, among others, the installation of
filtering software that will block access to or
transmission of any form of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and
Owners or Lessors of Other Business Establishments. - All
mall owners/operators and owners or lessors of other
business establishments shall notify the PNP or the
NBI within seven (7) days from obtaining facts and
circumstances that child pornography is being
committed in their premises. Provided, That public
display of any form of child pornography within their
premises is a conclusive presumption of the
knowledge of the mall owners/operators and
owners or lessors of other business establishments
of the violation of this Act: Provided, further, That a
disputable presumption of knowledge by mall
owners/operators and owners or lessors of other
business establishments should know or reasonably
know that a violation of this Act is being committed in
their premises.
Photo
developers,
information
technology
professionals, credit card companies and banks and any
person who has direct knowledge of any form of child
pornography activities shall have the duty to report any
suspected child pornography materials or transactions
to the proper authorities within seven (7) days from
discovery thereof.
Any willful and intentional violation of this provision
shall be subject to the penalty provided under Section
15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An
internet content host shall:
(a) Not host any form of child pornography on
its internet address;
(b) Within seven (7) days, report the presence
of any form of child pornography, as well as
the particulars of the person maintaining,
hosting, distributing or in any manner
contributing to such internet address, to the
proper authorities; and
(c) Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request of
proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet
address that contains any form of child pornography.
An internet content host who shall knowingly, willfully
and intentionally violate this provision shall be subject
to the penalty provided under Section 15(j) of this Act:
Provided, That the failure of the internet content host
to remove any form of child pornography within fortyeight (48) hours from receiving the notice that any
form of child pornography is hitting its server shall be
conclusive evidence of willful and intentional violation
thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located
shall have the authority to monitor and regulate the
establishment and operation of the same or similar
establishments in order to prevent violation of the
provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the
child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act.
Towards this end, the following rules shall be
observed:
(a) The judge, prosecutor or any officer of the
law to whom the complaint has been referred
to may, whenever necessary to ensure a fair and
impartial proceeding and after considering all
circumstances for the best interest of the child
conduct
a
closed-door
investigation,
prosecution or trial;
(b) The name and personal circumstances of
the child, including the child's immediate
family, or any other information tending to
establish his/her identity shall not be disclosed
to the public;
(c) Any record regarding a child shall be
confidential and kept under seal. Except upon
written request and order of the court, a record
shall be released only to the following:
(1) Members of the court staff for
administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating
enforcement agencies and
law
(6) Other persons as determined by the
court.
(d) Any form of child pornography that is part
of the court records shall be subject to a
protective order that provides as follows:
(1) Any form of child pornography
may be viewed only by the parties, their
counsel, their expert witness and
guardian ad litem;
(2) Neither form of child pornography
nor any portion thereof shall be
divulged to any other person, except as
necessary
for
investigation,
prosecution or trial; and
(3) No person shall be granted access
to any form of child pornography or
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
any part thereof unless he/she signs a
written affirmation that he/she has
received and read a copy of the
protection order; that he/she submits
to the jurisdiction of the court with
respect to the protective order; and
that, in case of violation thereof,
he/she will be subject to the contempt
power of the court; and
(e) In cases when prosecution or trial is
conducted behind closed doors, it shall be
unlawful for any editor, publisher and reporter
or columnist in case of printed materials,
announcer or producer in case of television
and radio, producer and director of a film in
case of the movie industry, or any person
utilizing the tri-media facilities or information
technology to publish or broadcast the names
of the victims of any case of child
pornography.
Any violation of this provision shall be subject to the
penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child
Victim. - The DSWD shall ensure that the child who is
a victim of any form of child pornography is provided
appropriate care, custody and support for their
recovery and reintegration in accordance with existing
laws.
The child and his family shall be entitled to protection
as well as to the rights and benefits of witnesses
under Republic Act No. 6981, otherwise known as
"The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a
violent crime defined under Section 3(d) of Republic
Act No. 7309, otherwise known as "An Act Creating a
Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and
Victims of Violent Crimes and for Other Purposes", so
that the child may claim compensation therein.
Section 15. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for
offenses enumerated in this Act:
(a) Any person found guilty of syndicated child
pornography as defined in Section 5 of this Act
shall suffer the penalty of reclusion perpetua and a
fine of not less than Two million pesos
(Php2,000,000.00) but not more than Five
million pesos (Php5,000,000.00);
(b) Any person found guilty of violating
Section 4(a), (b) and (c) of this Act shall suffer
the penalty of reclusion temporal in its maximum
period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than
Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section
4(d), (e) and (f) of this Act shall suffer the
penalty of reclusion temporal in its medium period
and a fine of not less than Seven hundred fifty
thousand pesos (Php750,000.00) but not more
than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating
Section 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a
fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than
Seven
hundred
thousand
pesos
(Php700,000.00);
(e) Any person found guilty of violating Section
4(h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not
less than Three hundred thousand pesos
(Php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section
4(I) of this Act shall suffer the penalty of prision
mayor in its minimum period and a fine of not
less than Three hundred thousand pesos
(php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating
Section 4(j) of this Act shall suffer the penalty
of prision correccional in its maximum period and
a fine of not less than Two hundred thousand
pesos (Php200,000.00) but not more than
Three
hundred
thousand
pesos
(Php300,000.00);
(h) Any person found guilty of violating
Section 4(k) of this Act shall suffer the penalty
of prision correccional in its medium period and a
fine of not less than One hundred thousand
pesos (php100,000.00) but not more than Two
hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section
4(l) of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not
less than Fifty thousand pesos (Php50,000.00)
but not more than One hundred thousand
pesos (Php100,000.00);
(j) Any person found guilty of violating Section
11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of
not less than One million pesos
(Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) for the first
offense. In the case of a subsequent offense,
the penalty shall be a fine not less than Two
million pesos (Php2,000,000.00) but not more
than Three million pesos (Php3,000,000.00)
and revocation of its license to operate and
immediate closure of the establishment;
(k) Any ISP found guilty of willfully and
knowingly failing to comply with the notice
and installation requirements under Section 9
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
of this Act shall suffer the penalty of a fine of
not less than Five hundred thousand pesos
(Php500,000.00) but not more than One
million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the
penalty shall be a fine of not less than One
million pesos (Php1,000,000.00) but not more
than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
(l) Any mall owner-operator and owner or
lessor of other business establishments
including photo developers, information
technology
professionals,
credit
card
companies and banks, found guilty of willfully
and knowingly failing to comply with the
notice requirements under Section 10 of this
Act shall suffer the penalty of a fine of not less
than One million pesos (Php1,000,000.00) but
not more than Two million pesos
(Php2,000,000.00) for the first offense. In the
case of a subsequent offense, the penalty shall
be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three
million
pesos
(Php3,000,000.00)
and
revocation of its license to operate and
immediate closure of the establishment; and
(m) Any person found guilty of violating
Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a
fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than
Three
hundred
thousand
pesos
(Php300,000.00).
Section 16. Common Penal Provisions. (a) If the offender is a parent, ascendant,
guardian, step-parent or collateral relative
within the third degree of consanguinity or
affinity or any person having control or moral
ascendancy over the child, the penalty provided
herein shall be in its maximum
duration; Provided, That this provision shall not
apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the
penalty shall be imposed upon the owner,
manager, partner, member of the board of
directors and/or any responsible officer who
participated in the commission of the crime or
shall have knowingly permitted or failed to
prevent its commissions;
Section 17. Confiscation and Forfeiture of the Proceeds, Tools
and Instruments Used in Child Pornography. - In addition to
the penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture in
favor of the government of all the proceeds, tools and
instruments used in the commission of the crime,
unless they are the property of a third person not liable
for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and
separate properties of the offender; Provided, further,
That if such properties are insufficient, the deficiency
shall be taken from the confiscated and forfeited
proceeds, tools and instruments.
All proceeds derived from the sale of properties used
for the commission of any form of child pornography
shall accrue to the special account of the DSWD which
shall be used exclusively for the implementation of this
Act.
When the proceeds, tools and instruments used in the
commission of the offense have been destroyed
diminished in value or otherwise rendered worthless by
any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted
or transferred to prevent the same from being found
or to avoid forfeiture or confiscation, the offender shall
be ordered to pay the amount equal to the value of the
proceeds, tools and instruments used in the
commission of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child
Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned
government agencies and the LGUs shall make
available the following services to victims of any form
of child pornography:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include
information about the victim's rights and the
procedure for filing of complaints, claims for
compensation and such other legal remedies
available to them in a language understood by
the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
(c) If the offender is a foreigner, he/she shall
be immediately deported after the complete
service of his/her sentence and shall forever be
barred from entering the country; and
Sustained supervision and follow through mechanism
that will track the progress of recovery, rehabilitation
and reintegration of the child victims shall adopted and
carried out.
(d) The penalty provided for in this Act shall
be imposed in its maximum duration if the
offender is a public officer or employee.
Section 19. Programs for Victims of Child Pornography. The
Inter-Agency Council Against Child Pornography
created under Section 20 of this Act shall develop and
implement the necessary programs that will prevent
any form of child pornography, as well as protect, heal
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and reintegrate the child into the mainstream of
society. Such programs shall include beat but not
limited to the following:
(a) Provision of mandatory services including
counseling free legal services, medical or
psychological services, livelihood and skills
training and educational assistance to the child
pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program
on any form of child pornography and other
acts covered by the law and the establishment
of a data collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and
material support services to appropriate
government agencies and nongovernmental
organizations:
(d) Sponsorship of conferences and seminars
to provide venue for consensus building
amongst the public, the academe , government,
nongovernmental
and
international
organizations and
(e) Promotion of information and education
campaign.
Section 20. Inter - Agency Council against Child
Pornography. - There is hereby established an InterAgency Council against Child Pornography to be
composed of the Secretary of the DSWD as
chairperson and the following as members:
(a) Secretary of the Department of Justice:
(b) Secretary of the Department of Labor and
Employment
(c) Secretary of the Department of Science and
Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on
Information
and
Communications
Technology;
(g) Commissioner of the
Telecommunications Commission;
National
(l) Three (3) representatives from children's
nongovernmental
organizations.
These
representatives shall be nominated by the
government agency representatives of the
Council for appointment by the President for a
term of three (3) years and may be renewed
upon renomination and reappointment by the
Council and the President respectively.
The members of the Council mat designate their
permanent representatives, who shall have a rank not
lower than assistant secretary or its equivalent, to
meetings and shall receive emoluments as may be
determined by the Council in accordance with existing
budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for
the Council.
Section 21. Functions of the Council. - The Council shall
have the following powers and functions:
(a) Formulate comprehensive and integrated
plans and programs to prevent and suppress
any form of child pornography;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
(c) Monitor and oversee
implementation of this Act;
the
strict
(d) Coordinate the programs and projects of
the various members agencies effectively
address the issues and problems attendant to
child pornography;
(e) Conduct and coordinate massive
information disseminations and campaign on
the existence of the law and the various issues
and problems attendant to child pornography;
(f) Direct other agencies to immediately
respond to the problems brought to their
attention and report to the Council on the
action taken;
(g) Assist in the filling of cases against
individuals,
agencies,
institutions
or
establishments that violate the provisions of
this Act;
(h) Executive Director of the Council for the
Welfare of Children;
(h) Formulate a program for the reintegration
of victims of child pornography;
(i) Executive Director of the Philippine Center
for Transnational Crimes;
(i) Secure from any department, bureau, office,
agency or instrumentality of the government or
from NGOs and other civic organizations such
assistance as may be needed to effectively
implement this Act;
(j) Executive Director of the Optical Media
Board;
(k) Director of the National Bureau of
Investigation; and
(j) Complement the shared government
information system relative to child abuse and
exploitation and ensure that the proper
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
agencies conduct a continuing research and
study on the patterns and schemes of any form
of child pornography which form basis for
policy formulation and program direction;
(k) develop the mechanism to ensure the
timely, coordinated and effective response to
cases of child pornography;
(l) Recommend measures to enhance
cooperative efforts and mutual assistance
among foreign countries through bilateral
and/or multilateral arrangements to prevent
and suppress any form of child pornography;
(m) Adopt measures and policies to protect the
rights and needs of the victims of child
pornography who are foreign nationals in the
Philippines;
(n) maintain a database of cases of child
pornography;
(o) Initiate training programs in identifying and
providing the necessary intervention or
assistance to victims of child pornography.
(p) Submit to the President and the
Congressional Oversight committee credited
herein the annual report on the policies, plans,
programs and activities of the Council relative
to the implementation of this Act; and
(q) Exercise all the powers and perform such
other functions necessary to attain the
purposes and objectives of this Act.
Section 22. Child Pornography as a Transnational Crime. Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of
a foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1)
conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary
charges in court; (2) giving information needed by the
foreign state; and (3) to apply for an order of forfeiture
of any proceeds or monetary instrument or properly
located in the Philippines used in connection with child
pornography in the court; Provided, That if the DOJ
refuses to act on the request of for delaying the
execution thereof: Provided, further, That the principles
of mutuality and reciprocity shall, for this purpose, be
at all times recognized.
Section 23. Extradition. - The DOJ, in consultation
with the Department of Foreign Affairs (DFA), shall
endeavor to include child pornography among
extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is
hereby created a Congressional Oversight Committee
composed of five (5) members from the Senate and
five (5) members from the House of Representatives.
The members from the Senate shall be appointed by
the Senate President based on proportional
representation of the parties or coalition therein with
at least one (1) member representing the Minority. The
members from the House of Representative shall be
appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with
the Chair of the House of Committee on Welfare of
Children and at least one (1) member representing the
Minority
The Committee shall be headed by the respective
Chairs of the Senate Committee on Youth, Women
and Family relations and the House of Representatives
Committee on Justice. The Secretariat of the
Congressional Oversight Committee shall come from
the existing Secretariat personnel of the Committees of
the Senate and the House of Representatives
concerned.
The Committee shall monitor and ensure the effective
implementation of this Act, determine inherent
weakness and loopholes in the law. Recommend the
necessary remedial legislator or administrative
measures and perform such other duties and functions
as may be necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to
implement the provisions of the Anti-Child
Pornography Act and the operationalization of the
Inter-Agency Council Against Child Pornography shall
be included in the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The
Inter- Agency Council Against Child pornography shall
promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity
of this Act.
Section 27. Suppletory Application of the Revised Penal
Code. - The Revised penal Code shall be suppletorily
applicable to this Act.
Section 28. Separability Clause. - If any part of this Act
is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in
full force and effect.
Section 29. Repealing Clause. - All laws, presidential
decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified
or repealed accordingly.
Section 30. Effectivity. - This Act shall effect after
fifteen (15) days following its complete publication in
the Official Gazette or in at least two (2) newspapers
of general circulation.
Republic Act No. 9208
AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER
Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:
(18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a
physical or mental disability or condition.
Section 1. Title. This Act shall be known as the "AntiTrafficking in Persons Act of 2003".
(c) Prostitution - refers to any act, transaction,
scheme or design involving the use of a
person by another, for sexual intercourse or
lascivious conduct in exchange for money,
profit or any other consideration.
Section 2. Declaration of Policy. – It is hereby declared
that the State values the dignity of every human person
and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest
priority to the enactment of measures and
development of programs that will promote human
dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and
mitigate pressures for involuntary migration and
servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of
society.
It shall be a State policy to recognize the equal rights
and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration
on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the
Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and
universally accepted human rights instruments and
other international conventions to which the
Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or
without the victim's consent or knowledge,
within or across national borders by means
of threat or use of force, or other forms of
coercion, abduction, fraud, deception,
abuse of power or of position, taking
advantage of the vulnerability of the
person, or, the giving or receiving of
payments or benefits to achieve the consent
of a person having control over another person
for the purpose of exploitation which includes
at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
(d) Forced Labor and Slavery - refer to the
extraction of work or services from any
person by means of enticement, violence,
intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage
or deception.
(e) Sex Tourism - refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or activities,
utilizing and offering escort and sexual
services as enticement for tourists. This
includes sexual services and practices
offered during rest and recreation periods
for members of the military.
(f) Sexual Exploitation - refers to participation
by a person in prostitution or the
production of pornographic materials as a
result of being subjected to a threat, deception,
coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a
victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the
debtor of his/her personal services or labor
or those of a person under his/her control
as security or payment for a debt, when the
length and nature of services is not clearly
defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation,
through
publication,
exhibition,
cinematography,
indecent
shows,
information technology, or by whatever
means, of a person engaged in real or
simulated explicit sexual activities or any
representation of the sexual parts of a person
for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency
Council Against Trafficking created under
Section 20 of this Act.
The recruitment, transportation, transfer,
harboring or receipt of a child for the
purpose of exploitation shall also be
considered as "trafficking in persons" even if
it does not involve any of the means set forth
in the preceding paragraph.
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(b) Child - refers to a person below eighteen
(18) years of age or one who is over eighteen
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
including those done under the pretext of
domestic or overseas employment or training
or apprenticeship, for the purpose of
prostitution,
pornography,
sexual
exploitation,
forced
labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit,
or material, economic or other consideration,
any person or, as provided for under Republic
Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct
a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale
of organs of said person; and
requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use of
information technology and the internet, of
any brochure, flyer, or any propaganda material
that promotes trafficking in persons;
(d) To assist in the conduct of
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exit documents from government
agencies that are mandated to provide predeparture registration and services for
departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel
documents for the purpose of promoting
trafficking in persons;
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked persons
in furtherance of trafficking or to prevent them
from leaving the country or seeking redress
from the government or appropriate agencies;
and
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and certificates
of any government agency which issues these
certificates and stickers as proof of compliance
with government regulatory and pre-departure
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995"
and said adoption is for the purpose of
prostitution,
pornography,
sexual
exploitation,
forced
labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out
by a group of three (3) or more persons
conspiring or confederating with one
another. It is deemed committed in large scale
if committed against three (3) or more
persons, individually or as a group;
(d) When the offender is an ascendant,
parent, sibling, guardian or a person who
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
exercises authority over the trafficked person
or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies;
(f) When the offender is a member of the
military or law enforcement agencies; and
(g) When by reason or on occasion of the act
of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is
afflicted
with
Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS).
Section 6. Confidentiality. - At any stage of the
investigation, prosecution and trial of an offense under
this Act, law enforcement officers, prosecutors, judges,
court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy
of the trafficked person and the accused. Towards this
end, law enforcement officers, prosecutors and judges
to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or of
the accused, or any other information tending to
establish their identities and such circumstances or
information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind
closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television
and radio, producer and director of a film in case of the
movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity
of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has
personal knowledge of the commission of any
offense under this Act, the trafficked person, the
parents, spouse, siblings, children or legal guardian may
file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from
violation of this Act shall be filed where the offense
was committed, or where any of its elements
occurred, or where the trafficked person actually
resides at the time of the commission of the
offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the
exclusion of other courts.
Section 10. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for the
offenses enumerated in this Act:
(a) Any person found guilty of committing any
of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20)
years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
(b) Any person found guilty of committing any
of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15)
years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified
trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00)
but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Section 7 hereof
shall suffer the penalty of imprisonment of
six (6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation,
partnership,
association,
club,
establishment or any juridical person, the
penalty shall be imposed upon the owner,
president, partner, manager, and/or any
responsible officer who participated in the
commission of the crime or who shall have
knowingly permitted or failed to prevent its
commission;
(f) The registration with the Securities and
Exchange Commission (SEC) and license to
operate of the erring agency, corporation,
association, religious group, tour or travel
agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or
manager thereof shall not be allowed to
operate similar establishments in a different
name;
(g) If the offender is a foreigner, he shall be
immediately deported after serving his
sentence and be barred permanently from
entering the country;
(h) Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances, passports,
registration certificates, counseling certificates,
marriage license, and other similar documents
to persons, whether juridical or natural,
recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as
provided for by laws, rules and regulations,
shall be held administratively liable, without
prejudice to criminal liability under this Act.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
The concerned government official or
employee shall, upon conviction, be dismissed
from the service and be barred permanently to
hold public office. His/her retirement and
other benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter
for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who
buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:
(a) First offense - six (6) months of community
service as may be determined by the court and
a fine of Fifty thousand pesos (P50,000.00);
and
(b) Second and subsequent offenses imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under
this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate
or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from
the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be
interrupted by the filing of the complaint or
information and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the
trafficked person institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt
from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and
Instruments Derived from Trafficking in Persons. - In addition
to the penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and
properties derived from the commission of the crime,
unless they are the property of a third person not liable
for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and
separate properties of the offender; Provided,
further, That if such properties are insufficient, the
balance shall be taken from the confiscated and
forfeited properties.
When the proceeds, properties and instruments of the
offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission,
directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to
prevent the same from being found or to avoid
forfeiture or confiscation, the offender shall be ordered
to pay the amount equal to the value of the proceeds,
property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this
Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue
to a Trust Fund to be administered and managed by
the Council to be used exclusively for programs that
will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of
society. Such programs shall include, but not limited to,
the following:
(a) Provision for mandatory services set forth
in Section 23 of this Act;
(b) Sponsorship of a national research program
on trafficking and establishment of a data
collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and
material support services to appropriate
government agencies and non-government
organizations (NGOs);
(d) Sponsorship of conferences and seminars
to provide venue for consensus building
amongst the public, the academe, government,
NGOs and international organizations; and
(e) Promotion of information and education
campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. The government shall establish and implement
preventive, protective and rehabilitative programs for
trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the
following programs;
(a) Department of Foreign Affairs (DFA) shall make available its resources and facilities
overseas for trafficked persons regardless of
their manner of entry to the receiving country,
and explore means to further enhance its
assistance in eliminating trafficking activities
through closer networking with government
agencies in the country and overseas,
particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the
efficient implementation of the Machine
Readable Passports to protect the integrity of
Philippine passports, visas and other travel
documents to reduce the incidence of
trafficking through the use of fraudulent
identification documents.
It shall establish and implement a pre-marriage,
on-site and pre-departure counseling program
on intermarriages.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(b) Department of Social Welfare and
Development (DSWD) - shall implement
rehabilitative and protective programs for
trafficked persons. It shall provide counseling
and temporary shelter to trafficked persons
and develop a system for accreditation among
NGOs for purposes of establishing centers and
programs for intervention in various levels of
the community.
(c) Department of Labor and Employment
(DOLE) - shall ensure the strict
implementation and compliance with the rules
and guidelines relative to the employment of
persons locally and overseas. It shall likewise
monitor, document and report cases of
trafficking in persons involving employers and
labor recruiters.
(d) Department of Justice (DOJ) - shall ensure
the prosecution of persons accused of
trafficking and designate and train special
prosecutors who shall handle and prosecute
cases of trafficking. It shall also establish a
mechanism for free legal assistance for
trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines
(IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of
Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation
and monitoring of policies addressing the issue
of trafficking in persons in coordination with
relevant government agencies. It shall likewise
advocate for the inclusion of the issue of
trafficking in persons in both its local and
international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly
administer and enforce immigration and alien
administration laws. It shall adopt measures for
the apprehension of suspected traffickers both
at the place of arrival and departure and shall
ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling
requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be
the primary law enforcement agency to
undertake surveillance, investigation and arrest
of individuals or persons suspected to be
engaged in trafficking. It shall closely
coordinate with various law enforcement
agencies to secure concerted efforts for
effective investigation and apprehension of
suspected traffickers. It shall also establish a
system to receive complaints and calls to assist
trafficked persons and conduct rescue
operations.
(h) Philippine Overseas Employment
Administration (POEA) - shall implement an
effective pre-employment orientation seminars
and pre-departure counseling programs to
applicants for overseas employment. It shall
likewise formulate a system of providing free
legal assistance to trafficked persons.
(i) Department of the Interior and Local
Government (DILG) - shall institute a
systematic information and prevention
campaign and likewise maintain a databank for
the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall
monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the
cancellation of licenses of establishments
which violate the provisions of this Act and
ensure effective prosecution of such cases.
They shall also undertake an information
campaign against trafficking in persons
through the establishment of the Migrants
Advisory and Information Network (MAIN)
desks in municipalities or provinces in
coordination
with
DILG,
Philippine
Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other
concerned agencies. They shall encourage and
support community based initiatives which
address the trafficking in persons.
In implementing this Act, the agencies
concerned may seek and enlist the assistance of
NGOs, people's organizations (Pos), civic
organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as victims of the
act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to
the order made by the trafficker in relation thereto. In
this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be
irrelevant.
Section 18. Preferential Entitlement Under the Witness
Protection Program. - Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection
program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals
of a foreign country shall also be entitled to appropriate
protection, assistance and services available to
trafficked persons under this Act: Provided, That they
shall be permitted continued presence in the
Philippines for a length of time prescribed by the
Council as necessary to effect the prosecution of
offenders.
Section 20. Inter-Agency Council Against Trafficking. There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the
following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and
Employment;
(c) Administrator, Philippine
Employment Administration;
Overseas
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National
Police;
(f) Chairperson, National Commission on the
Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who
shall be composed of one (1) representative
each from among the sectors representing
women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement
in the prevention and suppression of
trafficking in persons. These representatives
shall be nominated by the government agency
representatives of the Council, for
appointment by the President for a term of
three (3) years.
The members of the Council may designate
their permanent representatives who shall have
a rank not lower than an assistant secretary or
its equivalent to meetings, and shall receive
emoluments as may be determined by the
Council in accordance with existing budget and
accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall
have the following powers and functions:
(a) Formulate a comprehensive and integrated
program to prevent and suppress the
trafficking in persons;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
(c) Monitor and oversee
implementation of this Act;
the
strict
(d) Coordinate the programs and projects of
the various member agencies to effectively
address the issues and problems attendant to
trafficking in persons;
(e) Coordinate the conduct of massive
information dissemination and campaign on
the existence of the law and the various issues
and problems attendant to trafficking through
the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately
respond to the problems brought to their
attention and report to the Council on action
taken;
(g) Assist in filing of cases against individuals,
agencies, institutions or establishments that
violate the provisions of this Act;
(h) Formulate a program for the reintegration
of trafficked persons in cooperation with
DOLE, DSWD, Technical Education and
Skills Development Authority (TESDA),
Commission on Higher Education (CHED),
LGUs and NGOs;
(i) Secure from any department, bureau, office,
agency, or instrumentality of the government
or from NGOs and other civic organizations
such assistance as may be needed to effectively
implement this Act;
(j) Complement the shared government
information system for migration established
under Republic Act No. 8042, otherwise
known as the "Migrant Workers and Overseas
Filipinos Act of 1995" with data on cases of
trafficking in persons, and ensure that the
proper agencies conduct a continuing research
and study on the patterns and scheme of
trafficking in persons which shall form the
basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the
timely, coordinated, and effective response to
cases of trafficking in persons;
(l) Recommend measures to enhance
cooperative efforts and mutual assistance
among foreign countries through bilateral
and/or multilateral arrangements to prevent
and suppress international trafficking in
persons;
(m) Coordinate with the Department of
Transportation
and
Communications
(DOTC), Department of Trade and Industry
(DTI), and other NGOs in monitoring the
promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the
rights and needs of trafficked persons who are
foreign nationals in the Philippines;
(o) Initiate training programs in identifying and
providing the necessary intervention or
assistance to trafficked persons; and
(p) Exercise all the powers and perform such
other functions necessary to attain the
purposes and objectives of this Act.
The Revised Penal Code | VENTEROSO | 87
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 22. Secretariat to the Council. - The Department
of Justice shall establish the necessary Secretariat for
the Council.
Section 23. Mandatory Services to Trafficked Persons. - To
ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government
agencies shall make available the following services to
trafficked persons:
(a) Emergency shelter or appropriate housing;
protection, as may be legally permissible in the host
country.
Section 26. Extradition. - The DOJ, in consultation
with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable
offenses.
Section 27. Reporting Requirements. - The Council shall
submit to the President of the Philippines and to
Congress an annual report of the policies, programs
and activities relative to the implementation of this Act.
(b) Counseling;
(c) Free legal services which shall include
information about the victims' rights and the
procedure for filing complaints, claiming
compensation and such other legal remedies
available to them, in a language understood by
the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism
that will track the progress of recovery, rehabilitation
and reintegration of the trafficked persons shall be
adopted and carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be
considered under the category "Overseas
Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042,
subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The
services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall
also be extended to trafficked persons
regardless of their immigration status in the
host country.
(c) The Country Team Approach. - The country
team approach under Executive Order No. 74
of 1993, shall be the operational scheme under
which Philippine embassies abroad shall
provide protection to trafficked persons
insofar as the promotion of their welfare,
dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA,
in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of
whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons
shall expose the victims to greater risks, the DFA shall
make representation with the host government for the
extension of appropriate residency permits and
Section 28. Funding. - The heads of the departments
and agencies concerned shall immediately include in
their programs and issue such rules and regulations to
implement the provisions of this Act, the funding of
which shall be included in the annual General
Appropriations Act.
Section 29. Implementing Rules and Regulations. - The
Council shall promulgate the necessary implementing
rules and regulations within sixty (60) days from the
effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of
Association, Religion and the Right to Travel. - Nothing in
this Act shall be interpreted as a restriction of the
freedom of speech and of association, religion and the
right to travel for purposes not contrary to law as
guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any
section or provision of this Act is held unconstitutional
or invalid, the other sections or provisions hereof shall
not be affected thereby.
Section 32. Repealing clause. - All laws, presidential
decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this
Act
are
hereby
repealed
or
modified
accordingly: Provided, That this Act shall not in any way
amend or repeal the provision of Republic Act No.
7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act".
Section 33. Effectivity. - This Act shall take effect
fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general
circulation.
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO.
9208, ENTITLED "AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING
IN PERSONS ESPECIALLY WOMEN AND
CHILDREN,
ESTABLISHING
THE
NECESSARY
INSTITUTIONAL
MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING
PENALTIES
FOR
ITS
VIOLATIONS AND FOR OTHER PURPOSES"
The Revised Penal Code | VENTEROSO | 88
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the
"Expanded Anti-Trafficking in Persons Act of 2012″.
Section 2. Section 2 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 2. Declaration of Policy. – It is hereby
declared that the State values the dignity of
every human person and guarantees the respect
of individual rights. In pursuit of this policy,
the State shall give highest priority to the
enactment of measures and development of
programs that will promote human dignity,
protect the people from any threat of violence
and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to
support trafficked persons but more
importantly, to ensure their recovery,
rehabilitation and reintegration into the
mainstream of society.
"It shall be a State policy to recognize the equal
rights and inherent human dignity of women
and men as enshrined in the United Nations
Universal Declaration on Human Rights,
United Nations Convention on the
Elimination of All Forms of Discrimination
Against Women, United Nations Convention
on the Rights of the Child, United Nations
Convention on the Protection of Migrant
Workers and their Families, United Nations
Convention Against Transnational Organized
Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons,
Especially Women and Children and all other
relevant and universally accepted human rights
instruments
and
other
international
conventions to which the Philippines is a
signatory."
Section 3. Section 3 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 3. Definition of Terms. – As used in this
Act:
"(a) Trafficking in Persons – refers to the
recruitment,
obtaining,
hiring,
providing, offering, transportation,
transfer, maintaining, harboring, or
receipt of persons with or without the
victim’s consent or knowledge, within
or across national borders by means of
threat, or use of force, or other forms
of coercion, abduction, fraud,
deception, abuse of power or of
position, taking advantage of the
vulnerability of the person, or, the
giving or receiving of payments or
benefits to achieve the consent of a
person having control over another
person for the purpose of exploitation
which includes at a minimum, the
exploitation or the prostitution of
others or other forms of sexual
exploitation, forced labor or services,
slavery, servitude or the removal or sale
of organs.
"The recruitment, transportation,
transfer, harboring, adoption or receipt
of a child for the purpose of
exploitation or when the adoption is
induced by any form of consideration
for exploitative purposes shall also be
considered as ‘trafficking in persons’
even if it does not involve any of the
means set forth in the preceding
paragraph.
"(b) Child – refers to a person below
eighteen (18) years of age or one who
is over eighteen (18) but is unable to
fully take care of or protect
himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination
because of a physical or mental
disability or condition.
"(c) Prostitution – refers to any act,
transaction, scheme or design
involving the use of a person by
another, for sexual intercourse or
lascivious conduct in exchange for
money, profit or any other
consideration.
"(d) Forced Labor – refers to the
extraction of work or services from any
person by means of enticement,
violence, intimidation or threat, use of,
force
or
coercion,
including
deprivation of freedom, abuse of
authority or moral ascendancy, debtbondage or deception including any
work or service extracted from any
person under the menace of penalty.
"(e) Slavery – refers to the status or
condition of a person over whom any
or all of the powers attaching to the
right of ownership are exercised.
"(f) Involuntary Servitude – refers to a
condition of enforced and compulsory
service induced by means of any
scheme, plan or pattern, intended to
cause a person to believe that if he or
she did not enter into or continue in
such condition, he or she or another
person would suffer serious harm or
other forms of abuse or physical
restraint, or threat of abuse or harm, or
coercion including depriving access to
travel documents and withholding
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
salaries, or the abuse or threatened
abuse of the legal process.
"(g) Sex Tourism – refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or
activities, utilizing and offering escort
and sexual services as enticement for
tourists. This includes sexual services
and practices offered during rest and
recreation periods for members of the
military.
"(h) Sexual Exploitation – refers to
participation by a person in
prostitution, pornography or the
production of pornography, in
exchange for money, profit or any
other consideration or where the
participation is caused or facilitated by
any means of intimidation or threat,
use of force, or other forms of
coercion, abduction, fraud, deception,
debt bondage, abuse of power or of
position or of legal process, taking
advantage of the vulnerability of the
person, or giving or receiving of
payments or benefits to achieve the
consent of a person having control
over another person; or in sexual
intercourse or lascivious conduct
caused or facilitated by any means as
provided in this Act.
"(i) Debt Bondage – refers to the
pledging by the debtor of his/her
personal services or labor or those of a
person under his/her control as
security or payment for a debt, when
the length and nature of services is not
clearly defined or when the value of the
services as reasonably assessed is not
applied toward the liquidation of the
debt.
"(j) Pornography – refers to any
representation, through publication,
exhibition, cinematography, indecent
shows, information technology, or by
whatever means, of a person engaged
in real or simulated explicit sexual
activities or any representation of the
sexual parts of a person for primarily
sexual purposes.
"(k) Council – shall mean the InterAgency Council Against Trafficking
created under Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. – It shall
be unlawful for any person, natural or juridical,
to commit any of the following acts:
"(a) To recruit, obtain, hire, provide,
offer, transport, transfer, maintain,
harbor, or receive a person by any
means, including those done under the
pretext of domestic or overseas
employment
or
training
or
apprenticeship, for the purpose of
prostitution, pornography, or sexual
exploitation;
"(b) To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a foreign
national, for marriage for the purpose
of acquiring, buying, offering, selling or
trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(c) To offer or contract marriage, real
or simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in prostitution,
pornography, sexual exploitation,
forced labor or slavery, involuntary
servitude or debt bondage;
"(d) To undertake or organize tours
and travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
"(e) To maintain or hire a person to
engage
in
prostitution
or
pornography;
"(f) To adopt persons by any form of
consideration
for
exploitative
purposes or to facilitate the same for
purposes of prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
"(g) To adopt or facilitate the
adoption of persons for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport,
transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a
person, by means of threat or use of
force, fraud, deceit, violence,
coercion, or intimidation for the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of removal or sale of organs of
said person;
to harm their health, safety
or morals; and
"(i) To recruit, transport, obtain,
transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to
engage in armed activities in the
Philippines or abroad;
"(l) To organize or direct other persons to
commit the offenses defined as acts of
trafficking under this Act."
"(j) To recruit, transport, transfer,
harbor, obtain, maintain, offer, hire,
provide or receive a person by means
defined in Section 3 of this Act for
purposes of forced labor, slavery, debt
bondage and involuntary servitude,
including a scheme, plan, or pattern
intended to cause the person either:
"(1) To believe that if the
person did not perform such
labor or services, he or she or
another person would suffer
serious harm or physical
restraint; or
"(2) To abuse or threaten the
use of law or the legal
processes; and
"(k) To recruit, transport, harbor,
obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for
purposes of exploitation or trading
them, including but not limited to, the
act of baring and/or selling a child for
any consideration or for barter for
purposes of exploitation. Trafficking
for purposes of exploitation of
children shall include:
"(1) All forms of slavery or
practices similar to slavery,
involuntary servitude, debt
bondage and forced labor,
including recruitment of
children for use in armed
conflict;
"(2) The use, procuring or
offering of a child for
prostitution,
for
the
production of pornography,
or
for
pornographic
performances;
"(3) The use, procuring or
offering of a child for the
production and trafficking
of drugs; and
"(4) The use, procuring or
offering of a child for illegal
activities or work which, by its
nature or the circumstances in
which it is carried out, is likely
Section 5. A new Section 4-A is hereby inserted in
Republic Act No. 9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons.
– Where there are acts to initiate the
commission of a trafficking offense but the
offender failed to or did not execute all the
elements of the crime, by accident or by reason
of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt
to commit an act of trafficking in persons. As
such, an attempt to commit any of the offenses
enumerated in Section 4 of this Act shall
constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the
following acts shall also be deemed as
attempted trafficking in persons:
"(a) Facilitating the travel of a child
who travels alone to a foreign country
or territory without valid reason
therefor and without the required
clearance or permit from the
Department of Social Welfare and
Development, or a written permit or
justification from the child’s parent
or legal guardian;
"(b) Executing, for a consideration,
an affidavit of consent or a written
consent for adoption;
"(c) Recruiting a woman to bear a
child for the purpose of selling the
child;
"(d) Simulating a birth for the
purpose of selling the child; and
"(e) Soliciting a child and acquiring the
custody thereof through any means
from among hospitals, clinics,
nurseries, daycare centers, refugee or
evacuation centers, and low-income
families, for the purpose of selling the
child."
Section 6. A new Section 4-B is hereby inserted in
Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. – Whoever
knowingly aids, abets, cooperates in the
execution of the offense by previous or
simultaneous acts defined in this Act shall be
punished in accordance with the provisions of
Section 10(c) of this Act."
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 7. A new Section 4-C is hereby inserted in
Republic Act No. 9208, to read as follows:
witnesses, in an investigation or
prosecution of a case under this Act;
"SEC. 4-C. Accessories. – Whoever has the
knowledge of the commission of the crime,
and without having participated therein,
either as principal or as accomplices, take part
in its commission in any of the following
manners:
"(i) To destroy, conceal, remove,
confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or
possess, any actual or purported
passport or other travel, immigration
or working permit or document, or any
other actual or purported government
identification, of any person in order to
prevent or restrict, or attempt to
prevent or restrict, without lawful
authority, the person’s liberty to move
or travel in order to maintain the labor
or services of that person; or
"(a) By profiting themselves or
assisting the offender to profit by the
effects of the crime;
"(b) By concealing or destroying the
body of the crime or effects or
instruments thereof, in order to
prevent its discovery;
"(c) By harboring, concealing or
assisting in the escape of the
principal of the crime, provided the
accessory acts with abuse of his or her
public functions or is known to be
habitually guilty of some other crime.
"Acts defined in this provision shall be
punished in accordance with the provision of
Section 10(d) as stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. –
The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
"(j) To utilize his or her office to
impede the investigation, prosecution
or execution of lawful orders in a case
under this Act."
Section 9. Section 6 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons.
– Violations of Section 4 of this Act shall be
considered as qualified trafficking:
"x x x
"(d) When the offender is a spouse, an
ascendant, parent, sibling, guardian or a
person who exercises authority over the
trafficked person or when the offense is
committed by a public officer or employee;
"(a) xxx
"x x x
"(b) To produce, print and issue or
distribute unissued, tampered or
fake
counseling
certificates,
registration
stickers,
overseas
employment certificates or other
certificates of any government agency
which issues these certificates, decals
and such other markers as proof of
compliance
with
government
regulatory
and
pre-departure
requirements for the purpose of
promoting trafficking in persons;
"(f) When the offender is a member of the
military or law enforcement agencies;
"(c) xxx
"(g) When by reason or on occasion of the act
of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is
afflicted
with
Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS);
"(h) When the offender commits one or more
violations of Section 4 over a period of sixty
(60) or more days, whether those days are
continuous or not; and
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause
the destruction of evidence, or to
influence or attempt to influence
"(i) When the offender directs or through
another manages the trafficking victim in
carrying out the exploitative purpose of
trafficking."
Section 10. Section 7 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 7. Confidentiality. – At any stage of the
investigation, rescue, prosecution and trial of
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
an offense under this Act, law enforcement
officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as
well as parties to the case, shall protect the right
to privacy of the trafficked person. Towards
this end, law enforcement officers, prosecutors
and judges to whom the complaint has been
referred may, whenever necessary to ensure a
fair and impartial proceeding, and after
considering all circumstances for the best
interest of the parties, order a closed-door
investigation, prosecution or trial. The name
and personal circumstances of the trafficked
person or any other information tending to
establish the identity of the trafficked person
and his or her family shall not be disclosed to
the public.
"It shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed
materials, announcer or producer in case of
television and radio, producer and director of
a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic
information technology to cause publicity of
the name, personal circumstances, or any
information tending to establish the identity of
the trafficked person except when the
trafficked person in a written statement duly
notarized knowingly, voluntarily and willingly
waives said confidentiality.
oppose and manifest objections to motions for
dismissal.
"Any act involving the means provided in this
Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the
complainant shall be punishable under this
Act."
Section 12. Section 10 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. – The
following penalties and sanctions are hereby
established for the offenses enumerated in this
Act:
"(a) Any person found guilty of committing
any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty
(20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing
any of the acts enumerated in Section 4-A of
this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos
(P500,000.00) but not more than One million
pesos (P1,000,000.00);
"Law enforcement officers, prosecutors,
judges, court personnel, social workers and
medical practitioners shall be trained on the
importance of maintaining confidentiality as a
means to protect the right to privacy of victims
and to encourage victims to file complaints."
"(c) Any person found guilty of Section 4-B of
this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos
(P500,000.00) but not more than One million
pesos (P1,000,000.00);
Section 11. Section 8 of Republic Act No. 9208 is
hereby amended to read as follows:
"In every case, conviction shall cause and carry
the automatic revocation of the license or
registration of the recruitment agency involved
in trafficking. The license of a recruitment
agency which trafficked a child shall be
automatically revoked.
"SEC. 8. Initiation and Prosecution of Cases. –
"(a) Initiation of Investigation. – Law enforcement
agencies are mandated to immediately initiate
investigation
and
counter-traffickingintelligence gathering upon receipt of
statements or affidavit from victims of
trafficking, migrant workers, or their families
who are in possession of knowledge or
information about trafficking in persons cases.
"(d) Any person found, guilty of committing
any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen
(15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"(b) Prosecution of Cases. – Any person who has
personal knowledge of the commission of any
offense under this Act, such as the trafficked
person, the parents, spouse, siblings, children
or legal guardian may file a complaint for
trafficking.
"(e) Any person found guilty of qualified
trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00)
but not more than Five million pesos
(P5,000,000.00);
"(c) Affidavit of Desistance. – Cases involving
trafficking in persons should not be dismissed
based on the affidavit of desistance executed by
the victims or their parents or legal guardians.
Public and private prosecutors are directed to
"(f) Any person who violates Section 7 hereof
shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"(g) If the offender is a corporation,
partnership, association, club, establishment or
any juridical person, the penalty shall be
imposed upon the owner, president, partner,
manager, and/or any responsible officer who
participated in the commission of the crime or
who shall have knowingly permitted or failed
to prevent its commission;
"(h) The registration with the Securities and
Exchange Commission (SEC) and license to
operate of the erring agency, corporation,
association, religious group, tour or travel
agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or
manager thereof shall not be allowed to
operate similar establishments in a different
name;
"(i) If the offender is a foreigner, he or she shall
be immediately deported after serving his or
her sentence and be barred permanently from
entering the country;
"(j) Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances, passports,
registration certificates, counseling certificates,
marriage license, and other similar documents
to persons, whether juridical or natural,
recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as
provided for by laws, rules and regulations,
shall be held administratively liable, without
prejudice to criminal liability under this Act.
The concerned government official or
employee shall, upon conviction, be dismissed
from the service and be barred permanently to
hold public office. His or her retirement and
other benefits shall likewise be forfeited; and
"(k) Conviction, by final judgment of the
adopter for any offense under this Act shall
result in the immediate rescission of the decree
of adoption."
Section 13. Section 11 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. – Any person
who buys or engages the services of a trafficked
person for prostitution shall be penalized with
the following: Provided, That the Probation Law
(Presidential Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum
period to prision mayor or six (6) years to
twelve (12) years imprisonment and a
fine of not less than Fifty thousand
pesos (P50,000.00) but not more than
One hundred thousand pesos
(P100,000.00): Provided, however, That
the following acts shall be exempted
thereto:
"(1) If an offense under paragraph (a)
involves sexual intercourse or
lascivious conduct with a child, the
penalty shall be reclusion temporal in its
medium period to reclusion perpetua or
seventeen (17) years to forty (40) years
imprisonment and a fine of not less
than Five hundred thousand pesos
(P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a)
involves carnal knowledge of, or sexual
intercourse with, a male or female
trafficking victim and also involves the
use of force or intimidation, to a victim
deprived of reason or to an
unconscious victim, or a victim under
twelve (12) years of age, instead of the
penalty prescribed in the subparagraph
above the penalty shall be a fine of not
less than One million pesos
(P1,000,000.00) but not more than Five
million pesos (P5,000,000.00) and
imprisonment
of reclusion perpetua or
forty (40) years imprisonment with no
possibility of parole; except that if a
person violating paragraph (a) of this
section knows the person that
provided prostitution services is in fact
a victim of trafficking, the offender
shall not be likewise penalized under
this section but under Section 10 as a
person violating Section 4; and if in
committing such an offense, the
offender also knows a qualifying
circumstance for trafficking, the
offender shall be penalized under
Section 10 for qualified trafficking. If in
violating this section the offender also
violates Section 4, the offender shall be
penalized under Section 10 and, if
applicable, for qualified trafficking
instead of under this section;
"(b) Deportation. – If a foreigner
commits any offense described by
paragraph (1) or (2) of this section or
violates any pertinent provision of this
Act as an accomplice or accessory to,
or by attempting any such offense, he
or she shall be immediately deported
after serving his or her sentence and be
barred permanently from entering the
country; and
"(c) Public Official. – If the offender is a
public official, he or she shall be
dismissed from service and shall suffer
perpetual absolute disqualification to
hold public, office, in addition to any
imprisonment or fine received
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
pursuant to any other provision of this
Act."
Section 14. Section 12 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 12. Prescriptive Period. – Trafficking cases
under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale
as defined under Section 6, or against a
child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to
run from the day on which the trafficked
person is delivered or released from the
conditions of bondage, or in the case of a
child victim, from the day the child reaches the
age of majority, and shall be interrupted by the
filing of the complaint or information and shall
commence to run again when the proceedings
terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any
reason not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking in
Persons. – The government shall establish and
implement preventive, protective and
rehabilitative programs for trafficked persons.
For this purpose, the following agencies are
hereby mandated to implement the following
programs:
"(a) Department of Foreign Affairs
(DFA) – shall make available its
resources and facilities overseas for
trafficked persons regardless of their
manner of entry to the receiving
country, and explore means to further
enhance its assistance in eliminating
trafficking activities through closer
networking with government agencies
in the country and overseas,
particularly in the formulation of
policies and implementation of
relevant programs. It shall provide
Filipino victims of trafficking overseas
with free legal assistance and counsel to
pursue legal action against his or her
traffickers, represent his or her
interests in any criminal investigation
or prosecution, and assist in the
application for social benefits and/or
regular immigration status as may be
allowed or provided for by the host
country. The DFA shall repatriate
trafficked Filipinos with the consent of
the victims.
"The DFA shall take necessary
measures
for
the
efficient
implementation of the Electronic
Passporting System to protect the
integrity of Philippine passports, visas
and other travel documents to reduce
the incidence of trafficking through the
use of fraudulent identification
documents.
"In coordination with the Department
of Labor and Employment, it shall
provide free temporary shelters and
other services to Filipino victims of
trafficking overseas through the
migrant workers and other overseas
Filipinos resource centers established
overseas under Republic Act No. 8042,
as amended.
"(b) Department of Social Welfare and
Development (DSWD) – shall
implement rehabilitative and protective
programs for trafficked persons. It
shall provide counseling and temporary
shelter to trafficked persons and
develop a system for accreditation
among NGOs for purposes of
establishing centers and programs for
intervention in various levels of the
community. It shall establish free
temporary shelters, for the protection
and housing of trafficked persons to
provide the following basic services to
trafficked persons:
"(1) Temporary housing and
food facilities;
"(2) Psychological support and
counseling;
"(3) 24-hour call center for
crisis calls and technologybased counseling and referral
system;
"(4) Coordination with local
law enforcement entities; and
"(5) Coordination with the
Department of Justice, among
others.
"The
DSWD
must
conduct
information campaigns in communities
and schools teaching parents and
families that receiving consideration in
exchange for adoption is punishable
under
the
law.
Furthermore,
information campaigns must be
conducted with the police that they
must not induce poor women to give
their children up for adoption in
exchange for consideration.
"(c) Department of Labor and
Employment (DOLE) – shall ensure
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
the strict implementation and
compliance with the rules and
guidelines relative to the employment
of persons locally and overseas. It shall
likewise monitor, document and report
cases of trafficking in persons
involving employers and labor
recruiters.
"(d) Department of Justice (DOJ) –
shall ensure the prosecution of persons
accused of trafficking and designate
and train special prosecutors who shall
handle and prosecute cases of
trafficking. It shall also establish a
mechanism for free legal assistance for
trafficked persons, in coordination
with the DSWD, Integrated Bar of the
Philippines (IBP) and other NGOs and
volunteer groups.
"(e) Philippine Commission on
Women (PCW) – shall actively
participate and coordinate in the
formulation and monitoring of policies
addressing the issue of trafficking in
persons in coordination with relevant
government agencies. It shall likewise
advocate for the inclusion of the issue
of trafficking in persons in both its
local and international advocacy for
women’s issues.
"(f) Bureau of Immigration (BI) – shall
strictly administer and enforce
immigration and alien administration
laws. It shall adopt measures for the
apprehension of suspected traffickers
both at the place of arrival and
departure and shall ensure compliance
by the Filipino fiancés/fiancées and
spouses of foreign nationals with the
guidance and counseling requirement
as provided for in this Act.
"(g) Philippine National Police (PNP)
and National Bureau of Investigation
(NBI) – shall be the primary law
enforcement agencies to undertake
surveillance, investigation and arrest of
individuals or persons suspected to be
engaged in trafficking. They shall
closely coordinate with each other and
with other law enforcement agencies to
secure concerted efforts for effective
investigation and apprehension of
suspected traffickers. They shall also
establish a system to receive
complaints and calls to assist trafficked
persons
and
conduct
rescue
operations.
"(h) Philippine Overseas Employment
Administration (POEA) and Overseas
Workers and Welfare Administration
(OWWA) – POEA shall implement
Pre-Employment
Orientation
Seminars (PEOS) while Pre-Departure
Orientation Seminars (PDOS) shall be
conducted by the OWWA. It shall
likewise formulate a system of
providing free legal assistance to
trafficked persons, in coordination
with the DFA.
"The POEA shall create a blacklist of
recruitment agencies, illegal recruiters
and persons facing administrative, civil
and criminal complaints for trafficking
filed in the receiving country and/or in
the Philippines and those agencies,
illegal recruiters and persons involved
in cases of trafficking who have been
rescued by the DFA and DOLE in the
receiving country or in the Philippines
even if no formal administrative, civil
or criminal complaints have been
filed: Provided, That the rescued victims
shall execute an affidavit attesting to
the acts violative of the anti-trafficking
law. This blacklist shall be posted in
conspicuous places in concerned
government agencies and shall be
updated bi-monthly.
"The blacklist shall likewise be posted
by the POEA in the shared
government information system,
which is mandated to be established
under Republic Act No. 8042, as
amended.
"The POEA and OWWA shall accredit
NGOs and other service providers to
conduct
PEOS
and
PDOS,
respectively. The PEOS and PDOS
should include the discussion and
distribution of the blacklist.
"The license or registration of a
recruitment agency that has been
blacklisted may be suspended by the
POEA upon a review of the
complaints filed against said agency.
"(i) Department of the Interior and
Local Government (DILG) – shall
institute a systematic information and
prevention campaign in coordination
with pertinent agencies of government
as provided for in this Act. It shall
provide training programs to local
government units, in coordination with
the Council, in ensuring wide
understanding and application of this
Act at the local level.
"(j) Commission on Filipinos Overseas
– shall conduct pre-departure
counseling services for Filipinos in
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
intermarriages. It shall develop a
system for accreditation of NGOs that
may be mobilized for purposes of
conducting pre-departure counseling
services for Filipinos in intermarriages.
As such, it shall ensure that the
counselors contemplated under this
Act shall have the minimum
qualifications and training of guidance
counselors as provided for by law.
"It shall likewise assist in the conduct
of information campaigns against
trafficking in coordination with local
government units, the Philippine
Information Agency, and NGOs.
"(k) Local government units (LGUs) –
shall monitor and document cases of
trafficking in persons in their areas of
jurisdiction, effect the cancellation of
licenses of establishments which
violate the provisions of this Act and
ensure effective prosecution of such
cases. They shall also undertake an
information
campaign
against
trafficking in persons through the
establishment of the Migrants
Advisory and Information Network
(MAIN) desks in municipalities or
provinces in coordination with the
DILG, Philippine Information Agency
(PIA), Commission on Filipinos
Overseas (CFO), NGOs and other
concerned agencies. They shall
encourage and support communitybased initiatives which address the
trafficking in persons.
"In implementing this Act, the agencies
concerned may seek and enlist the
assistance of NGOs, people’s
organizations
(POs),
civic
organizations and other volunteer
groups."
Section 16. A new Section 16-A is hereby inserted into
Republic Act No. 9208, to read as follows:
ensuring efficient collection and storage of data
on cases of trafficking in persons handled by
their respective offices. Such data shall be
submitted to the Council for integration in a
central database system.
"For this purpose, the Council is hereby tasked
to
ensure
the
harmonization
and
standardization of databases, including
minimum data requirements, definitions,
reporting formats, data collection systems, and
data verification systems. Such databases shall
have, at the minimum, the following
information:
"(a) The number of cases of trafficking
in persons, sorted according to status
of cases, including the number of cases
being investigated, submitted for
prosecution, dropped, and filed and/or
pending before the courts and the
number of convictions and acquittals;
"(b) The profile/information on each
case;
"(c) The number of victims of
trafficking in persons referred to the
agency by destination countries/areas
and by area of origin; and
"(d) Disaggregated data on trafficking
victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons.
– Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as
such, shall not be penalized for unlawful acts
committed as a direct result of, or as an
incident or in relation to, being trafficked based
on the acts of trafficking enumerated in this
Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended
exploitation set forth in this Act shall be
irrelevant.
"SEC. 16-A. Anti-Trafficking in Persons
Database. – An anti-trafficking in persons
central database shall be established by the
Inter-Agency Council Against Trafficking
created under Section 20 of this Act. The
Council shall submit a report to the President
of the Philippines and to Congress, on or
before January 15 of every year, with respect to
the preceding year’s programs and data on
trafficking-related cases.
Section 18. A new Section 17-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"All government agencies tasked under the law
to undertake programs and render assistance to
address trafficking in persons shall develop
their respective monitoring and data collection
systems, and databases, for purposes of
"SEC. 17-A. Temporary Custody of Trafficked
Victims. – The rescue of victims should be
done as much as possible with the assistance of
the DSWD or an accredited NGO that services
trafficked victims. A law enforcement officer,
"Victims of trafficking for purposes of
prostitution as defined under Section 4 of this
Act are not covered by Article 202 of the
Revised Penal Code and as such, shall not be
prosecuted, fined, or otherwise penalized
under the said law."
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
on a reasonable suspicion that a person is a
victim of any offense defined under this Act
including
attempted
trafficking,
shall
immediately place that person in the temporary
custody of the local social welfare and
development office, or any accredited or
licensed shelter institution devoted to
protecting trafficked persons after the rescue."
"SEC. 20. Inter-Agency Council Against Trafficking.
– There is hereby established an Inter-Agency
Council Against Trafficking, to be composed
of the Secretary of the Department of Justice
as Chairperson and the Secretary of the
Department of Social Welfare and
Development as Co-Chairperson and shall
have the following as members:
Section 19. A new Section 17-B is hereby inserted into
Republic Act No. 9208, to read as follows:
"(a) Secretary, Department of Foreign
Affairs;
"SEC. 17-B. Irrelevance of Past Sexual Behavior,
Opinion Thereof or Reputation of Victims and of
Consent of Victims in Cases of Deception, Coercion
and Other Prohibited Means. – The past sexual
behavior or the sexual predisposition of a
trafficked person shall be considered
inadmissible in evidence for the purpose of
proving consent of the victim to engage in
sexual behavior, or to prove the predisposition,
sexual or otherwise, of a trafficked person.
Furthermore, the consent of a victim of
trafficking to the intended exploitation shall be
irrelevant where any of the means set forth in
Section 3(a) of this Act has been used."
"(b) Secretary, Department of Labor
and Employment;
Section 20. A new Section 17-C is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts
and Injunctive Remedies. – No action or suit shall
be brought, instituted or maintained in any
court or tribunal or before any other authority
against any: (a) law enforcement officer; (b)
social worker; or (c) person acting in
compliance with a lawful order from any of the
above, for lawful acts done or statements made
during an authorized rescue operation,
recovery or rehabilitation/intervention, or an
investigation or prosecution of an antitrafficking case: Provided, That such acts shall
have been made in good faith.
"The prosecution of retaliatory suits against
victims of trafficking shall be held in abeyance
pending final resolution and decision of
criminal complaint for trafficking.
"It shall be prohibited for the DFA, the
DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges
to urge complainants to abandon their
criminal, civil and administrative complaints
for trafficking.
"(c) Secretary, Department of the
Interior and Local Government;
"(d)
Administrator,
Philippine
Overseas
Employment
Administration;
"(e) Commissioner,
Immigration;
Bureau
of
"(f) Chief, Philippine National Police;
"(g)
Chairperson,
Commission on Women;
Philippine
"(h) Chairperson, Commission on
Filipinos Overseas;
"(i) Executive Director, Philippine
Center for Transnational Crimes; and
"(j) Three (3) representatives from
NGOs, who shall include one (1)
representative each from among the
sectors representing women, overseas
Filipinos, and children, with a proven
record of involvement in the
prevention and suppression of
trafficking
in
persons.
These
representatives shall be nominated by
the government agency representatives
of the Council, for appointment by the
President for a term of three (3) years.
"The members of the Council may designate
their permanent representatives who shall have
a rank not lower than an assistant secretary or
its equivalent to meetings, and shall receive
emoluments as may be determined by the
Council in accordance with existing budget and
accounting rules and regulations."
"The remedies of injunction and attachment of
properties of the traffickers, illegal recruiters
and persons involved in trafficking may be
issued motu proprio by judges."
Section 22. Section 22 of Republic Act No. 9208 is
hereby amended to read as follows:
Section 21. Section 20 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. – The
Department of Justice shall establish the
necessary Secretariat for the Council.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"The secretariat shall provide support for the
functions and projects of the Council. The
secretariat shall be headed by an executive
director, who shall be appointed by the
Secretary of the DOJ upon the
recommendation of the Council. The executive
director must have adequate knowledge on,
training and experience in the phenomenon of
and issues involved in trafficking in persons
and in the field of law, law enforcement, social
work, criminology, or psychology.
"The executive director shall be under the
supervision of the Inter-Agency Council
Against Trafficking through its Chairperson
and Co-Chairperson, and shall perform the
following functions:
"(a) Act as secretary of the Council and
administrative officer of its secretariat;
"(b) Advise and assist the Chairperson
in formulating and implementing the
objectives, policies, plans and
programs of the Council, including
those involving mobilization of
government offices represented in the
Council as well as other relevant
government offices, task forces, and
mechanisms;
"(c) Serve as principal assistant to the
Chairperson in the overall supervision
of council administrative business;
"(d) Oversee all council operational
activities;
"(e) Ensure an effective and efficient
performance of council functions and
prompt implementation of council
objectives, policies, plans and
programs;
"(f) Propose effective allocations of
resources for implementing council
objectives, policies, plans and
programs;
"(g) Submit periodic reports to the
Council on the progress of council
objectives, policies, plans and
programs;
"(h) Prepare annual reports of all
council activities; and
"(i) Perform other duties as the Council
may assign."
Section 23. A new Section 26-A is hereby inserted into
Republic Act No. 9208, to read as follows:
defined and penalized under this Act, even if
committed outside the Philippines and whether
or not such act or acts constitute an offense at
the place of commission, the crime being a
continuing offense, having been commenced
in the Philippines and other elements having
been committed in another country, if the
suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the
Philippines; or
"(c) Has committed the act against a
citizen of the Philippines.
"No prosecution may be commenced against a
person under this section if a foreign
government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted
or is prosecuting such person for the conduct
constituting such offense, except upon the
approval of the Secretary of Justice.
"The government may surrender or extradite
persons accused of trafficking in the
Philippines to the appropriate international
court if any, or to another State pursuant to the
applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is
hereby amended, to read as follows:
"SEC. 28. Funding. – The amount necessary to
implement the provisions of this Act shall be
charged
against
the
current
year’s
appropriations of the Inter-Agency Council
Against Trafficking under the budget of the
DOJ and the appropriations of the other
concerned departments. Thereafter, such sums
as may be necessary for the continued
implementation of this Act shall be included in
the
annual
General
Appropriations
Act."1âwphi1
Section 25. A new Section 28-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. –
The amount collected from every penalty, fine
or asset derived from any violation of this Act
shall be earmarked as additional funds for the
use of the Council. The fund may be
augmented by grants, donations and
endowment from various sources, domestic or
foreign, for purposes related to their functions,
subject to the existing accepted rules and
regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of
the Repealing Clause is hereby amended to read as
follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The
State shall exercise jurisdiction over any act
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"SEC. 32. Repealing Clause. – Article 202 of the
Revised Penal Code, as amended, and all laws,
acts, presidential decrees, executive orders,
administrative orders, rules and regulations
inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or
repealed accordingly: Provided, That this Act
shall not in any way amend or repeal the
provisions of Republic Act No. 7610,
otherwise known as the ‘Special Protection of
Child Against Child Abuse, Exploitation and
Discrimination Act.’"
Section 27. Section 33 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 33. Effectivity. – This Act shall take effect
fifteen (15) days following its complete
publication in at least two (2) newspapers of
general circulation."
Approved,
What is Trafficking in Persons (TIP)?
Trafficking in persons is an illegal act and is considered
a violation of human rights. It has three (3) interrelated and interdependent elements for a situation to
be considered trafficking in persons:



ACTS – It involves the recruitment, obtaining,
hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or
knowledge, within or across national borders;
MEANS – It is committed by use of threat, or
use of force, or other forms or coercion,
abduction, fraud, deception, abuse of power or
of position, taking advantage of the
vulnerability of the person, or the giving or
receiving of payments or benefits to achieve
the consent of a person having control over
another person; and
PURPOSE – It is done for the purpose of
exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor
or services, slavery, involuntary servitude or the
removal or sale of organs.
The recruitment, transportation, transfer, harboring,
adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall
also be considered as “trafficking in persons” even if it
does not involve any of the means mentioned above.
What are the Acts Punishable under the Anti-TIP
Law?
The following acts are punishable under RA 9208 as
amended by RA 10364:
1. Acts of TIP – includes all acts committed by
any natural or juridical person where all the
three elements of TIP (acts, means, purpose)
are present. Some examples are:
 recruitment,
hiring,
offering,
transferring, harboring or receiving any
person for the purpose of prostitution,
pornography, sexual exploitation,
under the pretext of domestic or
overseas
employment
or
apprenticeship;
 undertaking or organizing tours and
travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
 maintaining or hiring a person to
engage in prostitution or pornography;
 adopting persons by any form of
consideration
for exploitative
purposes; and • recruitment, hiring,
adopting, transporting, obtaining,
harboring, offering, receiving or
abducting a person, by means of threat
or use of force, fraud, deceit, violence,
coercion, or intimidation for the
purpose of removal or sale of organs of
said person.
Any person found guilty of acts of TIP shall be
penalized with imprisonment of 20 years and a fine
of not less than 1 million but not more than 2
million pesos.
2. Acts that promote TIP – includes all acts that
encourages or facilitates TIP such as:
 knowingly using or allowing the use of
any house or establishment for
promoting TIP
 facilitating the use of tampered or fake
documents to evade government
regulatory
and
pre-departure
requirements;
 production, publication, broadcast and
distribution, including use of ICT for
propaganda materials that promote
TIP;
 assisting
in the conduct of
misrepresentation or fraud in securing
 clearances
and
necessary
exit
documents from government, and
facilitating exit/entry of persons
possessing tampered or fraudulent
travel documents for promoting TIP;
 preventing a trafficked person from
seeking redress from appropriate
agencies by confiscating or destroying
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON



his/her passport, travel or personal
documents;
tampering with or destroying of
evidence, or influencing or attempting
to influence witnesses in an
investigation or prosecution of a TIP
case;
destroying, concealing, removing,
confiscating or possessing travel
and/or working documents of any
person in order to maintain the labor
or services of that person; and
using one’s office to impede the
investigation, prosecution or execution
of lawful orders in a case.
Any person found guilty of acts that promote TIP
shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not
more than 1 million pesos.
3. Use of Trafficked Persons – any person who
buys or engages the services of trafficked
persons for prostitution shall be penalized with
imprisonment ranging from six (6) years to
forty (40) years and fine ranging from 50
thousand to 5 million pesos.
In addition to imprisonment and fine, an offender who
is a foreigner shall be immediately deported and
permanently barred from entering the country after
serving jail terms, while an offender who is a public
official shall be dismissed from service and suffer
perpetual absolute disqualification to hold public
office.
 Qualified TIP – the act will be considered as
qualified TIP when:
 the trafficked person is a child;
 there is adoption under RA 8043
(Inter-Country Adoption Act) and said
adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
 the crime is committed by a syndicate
or is large scale;
 the offender is a spouse, ascendant,
parent, sibling, guardian or a person
who exercises authority over the
trafficked person;
 the offense is committed by a public
official or employee;
 the trafficked person is recruited to
engage in prostitution with any
member of the military or law
enforcement agencies;
 the offender is a member of the
military or law enforcement agencies;



he trafficked person died, became
insane, suffered mutilation or got
infected with HIV/AIDS;
the offender commits one or more acts
of TIP over a period of 60 or more
days; and
the offender directs or through another
manages the trafficking victim the
offender directs or through another
manages the trafficking victim
Qualified trafficking shall be penalized by life
imprisonment and a fine of not less than 2 million
but not more than 5 million pesos.
5. Attempted TIP – where there are acts to
initiate the commission of a trafficking offense
but the offender failed to or did not execute all
the elements of the crime, by accident or by
reason of some cause other than voluntary
desistance, such overt acts shall be deemed as
an attempt to commit an act of TIP. In cases
where the victim is a child, any of the following
acts shall also be deemed as attempted TIP:
 facilitating the travel of a child who
travels alone to a foreign country or
territory without valid reason and
without the required clearance or
permit from the DSWD, or a written
permit or justification from the child’s
parent or legal guardian;
 executing, for a consideration, an
affidavit of consent or a written
consent for adoption;
 recruiting a woman to bear a child for
the purpose of selling the child; •
simulating a birth for the purpose of
selling the child; and
 soliciting a child and acquiring the
custody thereof through any means, for
the purpose of selling the child.
Any person found guilty of committing attempted
TIP shall be penalized with imprisonment of 15
years
and
a
fine
of
not less than 500 thousand but not more than 1
million pesos.
What protection is given to trafficked persons?
1. Legal Protection
2. Free Legal Assistance
3. Right to Privacy and Confidentiality
4. Witness Protection Program
5. Victim Compensation Program
Who may file a complaint?
1. The trafficked person or the offended party
2. Spouse
3. Parents or legal guardians
4. Siblings
5. Children
6. Any person who has personal knowledge of
the offense
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE VIII
Presumption is always in
favor of the validity of
marriage
CHAPTER ONE DESTRUCTION OF
LIFE
Annulment of marriage
is not a prejudicial
question in a criminal
case for parricide
Section One. - Parricide, murder,
homicide
Article 246
Parricide. - Any person who shall kill his father,
mother, or child, whether legitimate or illegitimate,
or any of his ascendants, or descendants, or his
spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to death.
Elements
1) That a person is killed.
2) That the deceased is killed by the accused.
3) That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or
a legitimate other ascendant or other
descendant, or the legitimate spouse, of the
accused.
 Relationship of the offender with the
victim is the essential element of this
crime
 Relationship must be alleged. It must
be considered aggravating even if not
alleged in the information
 the law does not require knowledge of
relationship between the accused and
victim
Legitimate or illegitimate
father, mother, or child Legitimate
illegitimate
or
(a) adulterine, (b)
incestuous, and (c)
sacrilegious children are
included under the term
"illegitimate."
other ascendant or other Must be legitimate
descendant, or spouse
Blood relative or not
Father, mother, child, Relative by blood
other ascendant or other
descendant
Spouse
By marriage
* In a case of parricide of
spouse, the best proof of
the relationship between
the accused and the
deceased is the marriage
certificate; Oral evidence
may be presented
Semper praesumitur
matrimonio
=
Other circumstances
Circumstances
Effect/applicable
provisions
He who kills an
HOMICIDE (Art 249) or
illegitimate grandfather MURDER (Art 248)
or an illegitimate
grandson and other
illegitimate ascendants
or descendants
Child killed by his INFANTICIDE (Art 255)
parent is less than three
(3) days old
No clear evidence of HOMICIDE (Art 249) and
marriage between the PARRICIDE (Art 246) for
accused
and
the the daughter
woman. Both the
woman
and
the
daughter were killed
A person wanted to kill PARRICIDE BY
a stranger but by MISTAKE – ARTICLE 49.
mistake killed his own Penalty to Be Imposed
father
Upon the Principals When
the Crime Committed is
Different from that
Intended. — In cases in
which the felony committed is
different from that which the
offender intended to commit,
the following rules shall be
observed:
1. If the penalty prescribed for
the felony committed be
higher than that
corresponding to the
offense which the accused
intended to commit, the
penalty corresponding to the
latter shall be imposed in its
maximum period.
2. If the penalty prescribed for
the felony committed be
lower than that
corresponding to the one
which the accused intended
to commit, the penalty for the
former shall be imposed in its
maximum period.
3. The rule established by the
next preceding paragraph shall
not be applicable if the acts
committed by the guilty
person shall also constitute
an attempt or frustration of
another crime, if the law
prescribes a higher penalty for
either of the latter offenses, in
which case the penalty
provided for the attempt or
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
the frustrated crime shall be
imposed in its maximum
period.
A
stranger
who HOMICIDE (Art 249) or
cooperates and takes MURDER (Art 248)
part in the commission
of the crime of
parricide
Article 247
Death or physical injuries inflicted under exceptional
circumstances. - Any legally married person who having
surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of
them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen (18) years of age, and their
seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the
other spouse shall not be entitled to the benefits of
this article.
Requisites
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.
 The accused must be a legally married
person
 The wife is entitled to the benefits of
Art. 247
 It is necessary that it is the single
daughter caught in the act
 The parents may be legitimate of
illegitimate
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.
 Art. 247 does not define and penalize a
felony
 The requisites of Art. 247 must be
established by the evidence of the
defense, because the prosecution will
have to charge the defendant with
parricide and/or homicide, in case
death results; or serious physical
injuries in the other case
 The accused cannot enter into a
conditional plea of guilty

it is enough that the circumstances
show reasonably that the carnal act is
being committed or has just been
committed
 The killing must be the direct byproduct of the accused's rage
3) That he has not promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
 Not applicable to person who
consented to the infidelity of spouse, or
who facilitated the prostitution of his
wife or daughter
Death, serious
physical injuries
Less serious physical
injuries, slight
physical injuries
Destierro
No criminal liability, an
absolutory cause
Other circumstances
Circumstances
Where physical
injuries were suffered
by third persons as a
result of being caught
in the crossfire as the
accused shot the
victim
Effect/applicable
provisions
NO
CRIMINAL
LIABILTIY
*Supreme Court held that
although as a rule, one
committing an offense is liable
for all the consequences of his
act, the rule presupposes that
the act done amounts to a
felony.
In what cases is a person who committed
parricide not to be punished with reclusion
perpetua to death?
1) When parricide is committed through
negligence. (Art. 365)
2) When it is committed by mistake. (Art. 249)
3) When it is committed under exceptional
circumstances. (Art. 247)
Article 248
Murder. - Any person who, not falling within the
provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion
perpetua to death, if committed with any of the
following attendant circumstances:
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense or
of means or persons to insure or afford
impunity.
2) In consideration of a price, reward, or
promise.
3) By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
4) On occasion of any of the calamities
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public
calamity.
5) With evident premeditation.
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Aggravating circumstances
Paragraph in Article 14
With treachery, taking
8,15,16
advantage of superior
strength, with the aid
of armed men, or
*when
there
is
employing means to
treachery, intent to kill
weaken the defense, or is not necessary
of means or persons to
insure or afford
impunity
In consideration of a
11
price, reward or
promise
*principal by direct
participation - person
who received the price
or reward or who
accepted a promise of
price or reward would
not have killed the victim
were it not for that price,
reward or promise
*principal
by
inducement - one who
gave the price or reward
or who made the
promise
By means of inundation, 12,20
fire, poison, explosion,
shipwreck, stranding
*to be murder, there
of a vessel, derailment must be actual design
or assault upon a
to kill on the part of the
railroad, fall of an
offender
airship, by means of
motor vehicles, or with *in poisoning, treachery
the use of any other
and premeditation is
means involving great
inherent
waste and ruin
On occasion of any of
7
the calamities
enumerated in the
preceding paragraph,
or of an earthquake,
eruption of a volcano,
destructive cyclone,
epidemic, or any other
public calamity
With evident
13
premeditation
*The prosecution must
prove
1) the time when the
offender
determined
(conceived) to kill his
victim;
With cruelty, by
deliberately and
inhumanly augmenting
the suffering of the
victim, or outraging or
scoffing at his person
or corpse
2) an act of the offender
manifestly
indicating
that he clung to his
determination to kill
his victim; and
3) a sufficient lapse of
time (at least three
hours) between the
determination and the
execution of the killing.
Art 248
*cruelty - other injuries
or wounds are inflicted
deliberately
by
the
offender, which are not
necessary for
the
killing of the victim
*outraging - to commit
an extremely vicious or
deeply insulting act
*scoffing - to jeer, and
implies a showing of
irreverence
Elements
1) That a person was killed.
2) That the accused killed him.
 There must be intent to kill, the
evidence of which may consist of
o Use of weapons
o Nature, location, number of
wounds sustained
o Words uttered
 There is a conclusive presumption of
intent to kill if the victim dies because
of the deliberate acts of the
malefactor
3) That the killing was attended by any of the
qualifying circumstances mentioned in Art.
248.
4) The killing is not parricide or infanticide.
 Although Art. 248 makes reference
only to Art. 246, which defines and
penalizes parricide, it is understood
that the person killed should not be
less than three days old
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.
 When more than one of said
circumstances are present, the others
must be considered as generic
aggravating.
2) That when the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered as
generic aggravating.
 Thus, when there were ten or more
armed captors of the female victim,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and one or some of them shot her at
the back, the qualifying circumstance
of murder is either treachery, abuse
of superior strength, or with the aid
of armed men but if treachery is
chosen to qualify the crime, the others
are not generic aggravating
circumstances, because they are
included in the qualifying circumstance
of treachery.
3) That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
information.
 Thus, even if during the trial the
prosecution proves that the accused
killed the deceased with treachery, but
treachery is not alleged in the
information, treachery cannot
qualify the killing to murder, the
crime charged being only homicide. It
is only a generic aggravating
circumstance.
Republic Act No. 7659 restored the death penalty
and increased the penalty for murder to reclusion
perpetua to death. In view of R. A. No. 9346 which
prohibited the imposition of the death penalty, the
penalty for murder is now reclusion perpetua.
Article 249
Homicide. - Any person who, not falling within the
provisions of Article 246, shall kill another without
the attendance of any of the circumstances
enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by
reclusion temporal.
Elements
1) That a person was killed;
 Corpus delicti means that a crime was
actually perpetrated, and does not
refer to the body of the murdered
person. There must be satisfactory
evidence of:
o the fact of death and
o the identity of the victim.
2) That the accused killed him without any
justifying circumstance;
3) That the accused had the intention to kill,
which is presumed;
 When death resulted, even if there is no
intent to kill, the crime is homicide, not
merely physical injuries, because with
respect to crimes of personal
violence, the penal law looks
particularly to the material results
following the unlawful act and
holds the aggressor responsible for
all the consequences thereof

In attempted or frustrated homicide,
the offender must have the intent to kill
the victim.
 The intent to kill being an essential
element of frustrated or attempted
homicide, said element must be proved
by clear and convincing evidence
 The fact that the victim would have
lived had he received appropriate
medical attention is immaterial.
4) That the killing was not attended by any of
the qualifying circumstances of murder, or
by that of parricide or infanticide.
 In the absence of clear proof of any
circumstance that would qualify as
murder the killing of the deceased, the
guilty person should be sentenced only
for homicide.
Other circumstances
Circumstances
when the victim is
under 12 years of age
The
accused
erroneously used a
highly
poisonous
substance. When taken
by the patient, the
latter nearly died.
Effect/applicable
provisions
The penalty shall be reclusion
perpetua (Sec. 10, R.A. No.
7610)
It is error to convict the
accused of frustrated homicide
through reckless imprudence.
He is guilty of RECKLESS
IMPRUDENCE
RESULTING TO
PHYSICAL INJURIES. The
element of intent to kill in
frustrated homicide is
incompatible with negligence
or imprudence.
each one of them is guilty of
HOMICIDE (Art 249)
Where the wounds that
caused death were
inflicted
by
two
different persons, even *Since either wound could
if they were not in cause the death of C, both
conspiracy
are liable and each one of
them is guilty of homicide
Death of a person ACCIDENTAL
brought about by a HOMICIDE
lawful act performed
with proper care and
skill, and without
homicidal intent
Use of unlicensed In view of the amendments
firearms
introduced by Republic Act
8294 to Presidential Decree
No. 1866, separate
prosecutions for homicide and
illegal possession are no longer
in order. Instead, illegal
possession of firearms is
merely to be taken as an
aggravating circumstance in
the homicide case.
Article 250
Penalty for frustrated parricide, murder or homicide. - The
courts, in view of the facts of the case, may impose
upon the person guilty of the frustrated crime of
parricide, murder or homicide, defined and
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
penalized in the preceding articles, a penalty lower
by one degree than that which should be imposed
under the provision of Article 50.
The courts, considering the facts of the case, may
likewise reduce by one degree the penalty which
under Article 51 should be imposed for an attempt
to commit any of such crimes.
Frustrated – 2 degrees lower (Art 50)
Attempted – 3 degrees lower (Art 51)
*this is permissive and not mandatory
Other circumstances
Circumstances
Any person who shall
attempt on, or conspire
against, the life of the
Chief Executive of
the Republic of the
Philippines, that of any
member
of
his
family, or against the
life of any member of
his cabinet or that of
any member of the
latter's family
Effect/applicable
provisions
DEATH
(Presidential
Decree No. 1110-A which
took effect on March 29,
1977)
Article 251
Death caused in a tumultuous affray. - When, while
several persons, not composing groups organized
for the common purpose of assaulting and attacking
each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in
the course of the affray someone is killed, and it
cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted
serious physical injuries can be identified, such
person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of
prision correccional in its medium and maximum
periods shall be imposed upon all those who shall
have used violence upon the person of the victim.
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.
 The accused and their companions
must not be united in their common
purpose to attack
3) That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner.
 Tumultuous – more than 3
4) That someone was killed in the course of the
affray.
 need not be one of the participants in
the affray
5) That it cannot be ascertained who actually
killed the deceased.
6) That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Person who killed can
be ascertained
Person who killed
cannot be ascertained,
but person or persons
who inflicted serious
physical injuries or
who used violence can
be identified
Person who killed
cannot be ascertained,
person or persons who
inflicted serious physical
injuries cannot be
identified, but those
who used violence can
be identified
All who contributed
lethal wounds will be
charged with
HOMICIDE (Art 249)
DEATH CAUSED IN
A TUMULTUOUS
AFFRAY (Art 251 par
1)
 Prision mayor
DEATH CAUSED IN
A TUMULTUOUS
AFFRAY (Art 251 par
2)
 Prision correccional
it its medium and
maximum periods
Other circumstances
Circumstances
Effect/applicable
provisions
When there are two HOMICIDE (Art 249)
identified groups of
men who assaulted
each other which
resulted to death
Article 252
Physical injuries inflicted in a tumultuous affray. - When in
a tumultuous affray as referred to in the preceding
article, only serious physical injuries are inflicted
upon the participants thereof and the person
responsible thereof cannot be identified, all those
who appear to have used violence upon the person
of the offended party shall suffer the penalty next
lower in degree than that provided for the physical
injuries so inflicted.
When the physical injuries inflicted are of a less
serious nature and the person responsible therefor
cannot be identified, all those who appear to have
used any violence upon the person of the offended
party shall be punished by arresto mayor from five to
fifteen days.
Elements
1) That there is a tumultuous affray as referred
to in the preceding article.
2) That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature only.
Physical injuries
Death caused in a
inflicted in a
tumultuous affray
tumultuous affray
Art 252
Art 251
The victim must be a The victim may be
participant to the any person
affray
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
The victim suffered
serious physical
injuries or physical
injuries of a less
serious nature
The victim is killed
3) That the person responsible therefor cannot be
identified.
4) That all those who appear to have used
violence upon the person of the offended party
are known.
Person who inflicted
physical injuries be
ascertained
Person who inflicted
serious physical injuries
cannot be ascertained, but
person or persons who
used violence can be
identified
PHYSICAL INJURIES
(Art 263,265, 266)
Person who inflicted less
serious physical injuries
cannot be ascertained, but
person or persons who
used violence can be
identified
PHYSICAL INJURIES
INFLICTED IN A
TUMULTUOUS
AFFRAY (Art 252 par 2)
PHYSICAL INJURIES
INFLICTED IN A
TUMULTUOUS
AFFRAY (Art 252 par 1)
 penalty next lower
in degree than
that provided for
the physical
injuries so
inflicted
 arresto mayor from
five to fifteen days
*it is believed that in
providing the penalty of
arresto mayor from five to
fifteen days for physical
injuries of a less serious
nature in a tumultuous
affray, the Legislature
intended to exclude slight
physical injuries
Article 253
Giving assistance to suicide. - Any person who shall
assist another to commit suicide shall suffer the
penalty of prision mayor; if such person lends his
assistance to another to the extent of doing the
killing himself, he shall suffer the penalty of reclusion
temporal.
However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and maximum
periods, shall be imposed.
Acts punishable as giving assistance to suicide.
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.
Other circumstances
Circumstances
Effect/applicable provisions
Offender is the father,
mother, child, or spouse
of the one committing
suicide
Euthanasia
GIVING ASSISTANCE TO
SUICIDE (Art 253)
*Art. 253 does not distinguish and
does not make any reference to
the relation of the offender with
the person committing suicide
MURDER (Art 248) or
HOMICIDE (Art 249)
Article 254
Discharge of firearms. - Any person who shall shoot at
another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the
facts of the case are such that the act can be held to
constitute frustrated or attempted parricide, murder,
homicide or any other crime for which a higher penalty
is prescribed by any of the articles of this Code.
Elements
1) That the offender discharges a firearm
against or at another person.
 It is essential for the prosecution to
prove in a positive way that the
discharge of the firearm was directed
precisely against the offended party
 The crime is discharge of firearm, even
if the gun was not pointed at the
offended party when it fired, as long
as it was initially aimed by the accused
at or against the offended party
2) That the offender has no intention to kill that
person.
Discharge of firearms distinguished from alarms
and scandals
Discharge of firearms Alarms and scandals
Art 254
Art 155
Directed
precisely May be at random
towards the victim
Purpose is to intimidate To cause alarm
Other circumstances
Circumstances
Effect/applicable
provisions
Firing a gun against the ALARMS
AND
house of the offended SCANDALS (Art 155)
party at random, not
knowing in what part
of the house the people
inside were
The discharge of the FRUSTRATED OR
firearm at the offended ATTEMPTED
party is coupled with PARRICIDE, MURDER
intent to kill him
OR MURDER
In the illegal discharge COMPLEX CRIME OF
of firearm the offended DISCHARGE OF
party is hit and FIREARM WITH
wounded
PHYSICAL INJURIES
* When only slight physical
injuries are inflicted, there is
no complex crime, because
such physical injuries
constitute a light felony
Article 255
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Infanticide. - The penalty provided for parricide in
Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child
less than three days of age.
If the crime penalized in this article be committed by
the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty
of prision correccional in its medium and maximum
periods, and if said crime be committed for the same
purpose by the maternal grandparents or either of
them, the penalty shall be prision mayor.
Elements
1) That a child was killed.
 Infanticide - killing of any child less
than three (3) days of age, whether the
killer is the parent or grandparent,
any other relative of the child, or a
stranger
 The child must be born alive and fully
developed, that is, it can sustain an
independent life.
2) That the deceased child was less than three
days (72 hours) of age.
3) That the accused killed the said child.
 The accused may be the parent or
grandparent, any other relative of
the child, or a stranger
Other circumstances
Circumstances
Infanticide to conceal
dishonor done by the
mother of the child
Infanticide to conceal
dishonor done by the
maternal grandparents
stranger cooperating
with the mother in
killing a child less than
three days old
Effect/applicable
provisions
 Mitigating
circumstance
 prision correccional in its
medium
and
maximum periods
*the relationship of the mother
and father is material
 Mitigating
circumstance
 prision mayor
*the relationship of the
maternal grandmother to the
child is material
 the
crime
is
INFANTICIDE
(Art 255) but the
penalty
is
MURDER (Art 248)
Article 256
Intentional abortion. - Any person who shall
intentionally cause an abortion shall suffer:
1) The penalty of reclusion temporal, if he shall use
any violence upon the person of the
pregnant woman.
2) The penalty of prision mayor if, without using
violence, he shall act without the consent of
the woman
3) The penalty of prision correccional in its
medium and maximum periods, if the
woman shall have consented.
Ways of committing intentional abortion
1) By using any violence upon the person of the
pregnant woman.
2) By acting, but without using violence,
without the consent of the woman. (By
administering drugs or beverages upon such
pregnant woman without her consent.)
3) By acting (by administering drugs or
beverages), with the consent of the pregnant
woman.
 Pregnant woman – liable under Art 258
 Person who caused the abortion –
liable under Art 256
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 foetus dies, either in the womb
or after having been expelled therefrom;
 Foetus must die in consummated
abortion
4) That the abortion is intended.
 Abortion - willful killing of the foetus
in the uterus, or the violent expulsion
of the foetus from the maternal womb
which results in the death of the foetus.
Other circumstances
Circumstances
If abortion is intended
and the foetus does
not die
If abortion is not
intended and the
foetus does not die, in
spite of the violence
intentionally exerted
Effect/applicable
provisions
FRUSTRATED
INTENTIONAL
ABORTION
PHYSICAL INJURIES (Art
263, 265, 266)
Intentional abortion distinguished from
infanticide
Intentional abortion
Infanticide
Art 256
Art 255
The fetus could not the foetus (1) could
subsist by itself outside sustain an independent
the maternal womb and life, after its separation
is violently expelled or from
the
maternal
intentionally killed
womb, and it (2) is killed
Article 257
Unintentional abortion. - The penalty of prision
correccional in its minimum and medium period shall
be imposed upon any person who shall cause an
abortion by violence, but unintentionally.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
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.
4) That as a result of the violence the foetus
dies, either in the womb or after having
been expelled therefrom.
Unintentional abortion distinguished from
intentional abortion
Unintentional
Intentional abortion
abortion
Art 257
Art 256
There is violence (Art There is violence
257 par 1)
No violence is
employed (Art 257 par
2 and 3)
The abortion is
The abortion is
unintentional
intentional
Other circumstances
Circumstances
Where a man points a
gun at a pregnant
woman, at the same
time telling her that he
will kill her, and
because of the fright
she absorbs, she
suffers an abortion
People v. Jose
The woman died
together with the fetus
by repeatedly striking
her with his fist
A husband, who, with
violence kills his
pregnant wife, thus
occasioning the death
of the foetus
The husband gave to
his pregnant wife a
bitter substance
because she was
suffering from
stomach trouble. The
purpose of the
husband was to cure
the stomach trouble of
the wife. Then she
suffered an abortion as
a result.
Effect/applicable
provisions
THREATS (Art 282, 283,
285)
RECKLESS
IMPRUDENCE
RESULTING
TO
UNINTENTIONAL
ABORTION
COMPLEX CRIME OF
HOMICIDE
WITH
UNINTENTIONAL
ABORTION
COMPLEX CRIME OF
PARRICIDE
WITH
ABORTION
NO LIABILITY. Abortion
was not intended and it could
not be unintentional abortion
for there was no violence used.
Article 258
Abortion practiced by the woman herself of by her parents. The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman
who shall practice abortion upon herself or shall
consent that any other person should do so.
Any woman who shall commit this offense to
conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium
periods.
If this crime be committed by the parents of the
pregnant woman or either of them, and they act with
the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer
the penalty of prision correccional in its medium and
maximum periods.
Elements
1) That there is a pregnant woman who has
suffered an abortion.
2) That the abortion is intended.
3) That the abortion is caused by —
 the pregnant woman
herself;
 any other person, with her consent; or
 any of her parents, with her consent
for the purpose of concealing her
dishonor.
Act
Abortion committed by
the woman herself
Abortion committed by
the woman herself to
conceal her dishonor
Person/s liable
Pregnant woman – Art
258 par 1
Pregnant woman – Art
258 par 2
MITIGATING
CIRCUMSTANCE
Any other person, with Pregnant woman – Art
her consent of the 258 par 1
pregnant woman
Person who caused the
abortion – Art 256 par 3
Any of her parents, with Parents – Art 258 par 3
her consent for the
purpose of concealing NOT
A
her dishonor.
MITIGATING
CIRCUMSTANCE
Any of her parents
Parents – Art 256 par 1
or 2
Abortion practiced by the woman herself of by her
parents distinguished from infanticide
Abortion practiced by Infanticide
the woman herself of
by her parents
Art 258 par 3
Art 255
There is no mitigation There is mitigation for
for the parents of the the parents of the
pregnant woman
pregnant woman
Article 259
Abortion practiced by a physician or midwife and dispensing
of abortives. - The penalties provided in Article 256
shall be imposed in its maximum period,
respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or
skill, shall cause an abortion or assist in causing the
same.
Any pharmacist who, without the proper
prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
exceeding One hundred thousand pesos (P100,000).
(R.A. No. 10951.)
Elements (par 1)
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.
 The penalties provided for intentional
abortion (Art. 256) shall be imposed in
the maximum period upon the
physician or midwife.
4) That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
Elements (par 2)
1) That the offender is a pharmacist.
2) That there is no proper prescription from a
physician.
 The act constituting the offense is
dispensing abortive without proper
prescription from a physician. It is not
necessary that the abortive be actually
used.
3) That the offender dispenses any abortive.
 It is not necessary that the pharmacist
knows that the abortive would be used
to cause an abortion
 If he knew that the abortive would be
used to cause an abortion and abortion
resulted from the use thereof, the
pharmacist would be an accomplice
in the crime of abortion
Article 260
Responsibility of participants in a duel. - The penalty of
reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries
only, he shall suffer the penalty provided therefor,
according to their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be punished as
accomplices.
Duel
It is a formal or regular combat previously
concerted between two parties in the presence of two
or more seconds of lawful age on each side, who
make the selection of arms and fix all the other
conditions of the fight.
Acts punished
1) By killing one's adversary in a duel.
2) By inflicting upon such adversary physical
injuries.
3) By making a combat although no physical
injuries have been inflicted.
Who are liable in a duel?
1) The person who killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
 When there is an agreement to fight to
the death, there is intent to kill on the
part of the combatants. However, the
Code disregards the intent to kill in
considering the penalty for duel when
only physical injuries are inflicted upon
the adversary.
2) The seconds, as accomplices.
The adversary is killed
Inflicting upon such
adversary physical
injuries
Making a combat
although no physical
injuries have been
inflicted
 Reclusion temporal
 Same with the
penalty for
homicide
 Penalty for
physical injuries
 The intent to kill
is disregarded
 Arresto mayor
Other circumstances
Circumstances
When there are only
slight physical injuries
Effect/applicable
provisions
Art 260 should apply and the
penalty of arresto menor (Art
266)
Article 261
Challenging to a duel. - The penalty of prision correccional
in its minimum period shall be imposed upon any
person who shall challenge another, or incite another
to give or accept a challenge to a duel, or shall scoff
at or decry another publicly for having refused to
accept a challenge to fight a duel.
Acts punished
1) By challenging another 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.
2) By inciting another to give or accept a
challenge to a duel.
3) By scoffing at or decrying another publicly
for having refused to accept a challenge to fight
a duel.
Persons responsible
1) challenger, and
2) instigators.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
CHAPTER TWO PHYSICAL INJURIES
Article 262
Mutilation. - The penalty of reclusion temporal to
reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving
him, either totally or partially, or some essential
organ of reproduction.
Any other intentional mutilation shall be punished
by prision mayor in its medium and maximum
periods.
Mutilation
The term "mutilation" means the lopping or
the clipping off of some part of the body.
The putting out of an eye does not fall under
this definition. Thus, when a robber stabbed a woman
in one eye, and as a result of the wound thus inflicted
she lost the use of the eye, there is no mutilation.
Two kinds of mutilation
1) By intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction.
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 his body.
Elements (par 1)
1) That there be a castration, that is, mutilation
of organs necessary for generation, such as the
penis or ovarium.
 Vasectomy is not mutilation
 It is indispensable that the 'castration'
be made purposely
2) That the mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for
reproduction.
Mayhem (par 2)
If the mutilation involves a part of the body,
other than an organ for reproduction, such as the
cutting of the outer ear or arm of the offended party,
with a deliberate purpose of depriving him of that part
of his body, it is other intentional mutilation, under the
second paragraph of Art 262.
Other circumstances
Circumstances
If by reason of an
injury or attack, a
person is deprived of
the organs of
generation, the act,
Effect/applicable
provisions
SERIOUS PHYSICAL
INJURIES (Art 263 par 1 or
2)
although voluntary,
not being intentional
If a mutilation is not
caused purposely and
deliberately so as to
deprive the offended
party of a particular
part of his body
The victim of other
intentional mutilation
is under 12 years of
age
SERIOUS PHYSICAL
INJURIES (Art 263 par 1 or
2)
The penalty shall be reclusion
perpetua when the victim is
under 12 years of age (Sec 10,
R.A. No. 7610)
Article 263
Serious physical injuries. - Any person who shall wound,
beat, or assault another, shall be guilty of the crime
of serious physical injuries and shall suffer:
1) The penalty of prision mayor, if in
consequence of the physical injuries
inflicted, the injured person shall become
insane, imbecile, impotent, or blind;
2) The penalty of prision correccional in its
medium and maximum periods, if in
consequence of the physical injuries
inflicted, the person injured shall have lost
the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a
foot, an arm, or a leg or shall have lost the
use of any such member, or shall have
become incapacitated for the work in which
he was therefor habitually engaged;
3) The penalty of prision correccional in its
minimum and medium periods, if in
consequence of the physical injuries
inflicted, the person injured shall have
become deformed, or shall have lost any
other part of his body, or shall have lost the
use thereof, or shall have been ill or
incapacitated for the performance of the
work in which he as habitually engaged for a
period of more than ninety (90) days;
4) The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the physical injuries inflicted shall
have caused the illness or incapacity for
labor of the injured person for more than
thirty (30) days.
If the offense shall have been committed against any
of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned
in Article 248, the case covered by subdivision
number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the
case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in
its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and
maximum periods; and the case covered by
subdivision number 4 by prision correccional in its
minimum and medium periods.
The provisions of the preceding paragraph shall not
be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement.
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How is the crime of serious physical injuries
committed?
1) by wounding; (Art. 263)
2) by beating; or (Art. 263)
3) by assaulting (Art. 263); or
4) by administering injurious substance. (Art.
264)
Paragraph
Injuries
1
The injured person
becomes insane,
imbecile, impotent
(inability to
copulate and
sterility) or blind
1) 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, or
2) loses the use of
any such
member
2
3
PRINCIPAL
MEMBERS AND
SENSES AND
USE
When the person
injured:
1) becomes
deformed, or
2) loses any other
member of his
body, or
3) loses the use
thereof
Number of days ill
or incapacitated
Incapacitated for
the work in
which he was
theretofore
habitually
engaged
(PERPETUAL)
Ill or
incapacitated for
the performance
of the work in
which he was
habitually
engaged for
more than 90
days
DEFORMATION,
LOSS OF OTHER
MEMBERS AND
USE
Deformity physical ugliness,
permanent and
definite abnormality.
It must be
conspicuous and
visible
4
Ill or
incapacitated for
labor (for any
kind of labor)
for more than 30
days (but must
not be more
than 90 days)
Physical injuries distinguished from attempted or
frustrated homicide
Physical injuries
Injury is inflicted
No intent to kill
Attempted or
frustrated homicide
With intent to kill
Other circumstances
Circumstances
Effect/applicable
provisions
When the victim of
The penalty for Article 263,
serious physical
paragraph 1 shall be reclusion
injuries under
perpetua when the victim is
paragraph 1 is under under 12 years of age. (Sec.
12 years of age
10, R.A. No. 7610)
When the category
SLIGHT PHYSICAL
of the offense of
INJURIES (Art 266)
serious physical
injuries depends on
the period of illness
or incapacity for
labor, and no
evidence of the
length of that period
The injured party
 There is no
could still engage in
incapacity in this
his work although
case
less effectively than
before.
If the offense is
 QUALIFIED
committed against
SERIOUS
any of the persons
PHYSICAL
enumerated in the
INJURIES
article denning the
 The law provides
crime of parricide
higher penalties
(Art. 246) or with
the attendance of
any of the
circumstances
mentioned in the
article denning the
crime of murder
(Art. 248)
Serious physical
 The penalties
injuries by excessive
referred to in the
chastisement by
paragraph next to
parents
the last of Art. 263
are not to be
imposed on a parent
who inflicted
physical injuries
upon his child by
excessive
chastisement.
Physical injuries distinguished from mutilation
Physical injuries
Mutilation
Art 263, 265, 266
Art 262
Lopping or clipping is Must have been caused
not present in the other purposely and
kinds of physical injuries deliberately to lop or
clip off some part of the
body so as to derive the
offended party of such
part of the body
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Article 264
Administering injurious substances or beverages. - The
penalties established by the next preceding article
shall be applicable in the respective case to any
person who, without intent to kill, shall inflict upon
another any serious, physical injury, by knowingly
administering to him any injurious substance or
beverages or by taking advantage of his weakness of
mind or credulity.
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.
 The infliction of injuries by throwing
mordant chemicals or poisons on the
face or upon the body is not
contemplated in this article, because
that is not "administering" injurious
substance or beverage.
 By taking advantage of his weakness of
mind or credulity" may take place in the
case of witchcraft, philters, magnetism,
etc.
3) That he had no intent to kill.
Article 265
Less serious physical injuries. - Any person who shall
inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate
the offended party for labor for ten (10) days or
more, or shall require medical assistance for the
same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have
been inflicted with the manifest intent to insult or
offend the injured person, or under circumstances
adding ignominy to the offense in addition to the
penalty of arresto mayor, a fine not exceeding Fifty
thousand pesos P50,000 shall be imposed.
Any less serious physical injuries inflicted upon the
offender's parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its minimum
and medium periods, provided that, in the case of
persons in authority, the deed does not constitute
the crime of assault upon such person.
Matters to be noted
1) That the offended party is incapacitated for
labor for ten days or more (but not more
than 30 days), or needs medical attendance
for the same period of time - 10 days but not
more than 30 days.
2) That the physical injuries must not be those
described in the preceding articles.
Qualified less serious physical injuries
1) A fine not exceeding Fifty thousand pesos
(P50,000) in addition to arresto mayor, shall be
imposed for less serious physical injuries when
—
 there is a manifest intent to insult or
offend the injured person,
 there are circumstances adding
ignominy to the offense.
2) A higher penalty is imposed when the victim is
either —
 The offender's parents, ascendants,
guardians, curators or teachers; or
 Persons of rank or persons in
authority, provided the crime is not
direct assault.
Less serious physical injuries distinguished from
serious physical injuries
Less serious physical
Serious physical
injuries
injuries
Art 265
Art 263
Medical attendance or
Medical attendance or
incapacity is required
incapacity is not required
Other circumstances
Circumstances
Effect/applicable
provisions
When there is no
SLIGHT
PHYSICAL
medical attendance
INJURIES (Art 266 par 2)
or incapacity for
labor
Article 266
Slight physical injuries and maltreatment. - The crime of
slight physical injuries shall be punished:
1) By arresto menor when the offender has
inflicted physical injuries which shall
incapacitate the offended party for labor
from one to nine days, or shall require
medical attendance during the same period
2) By arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) and censure when
the offender has caused physical injuries
which do not prevent the offended party
from engaging in his habitual work nor
require medical assistance.
3) By arresto menor in its minimum period or a
fine not exceeding Five thousand pesos
(P5,000) when the offender shall ill-treat
another by deed without causing any injury.
Three kinds of slight physical injuries
1) Physical injuries which incapacitated the
offended party for labor from one (1) to nine
(9) days, or required medical attendance
during the same period.
2) Physical injuries which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) Ill-treatment of another by deed without
causing any injury.
Republic Act No. 9262
AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES
FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their
children" refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom
he has a common child, or against her child
whether legitimate or illegitimate, within
or without the family abode, which result in
or is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not
limited to, the following acts:
A. "Physical Violence" refers to acts that include
bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual
in nature, committed against a woman or her child. It
includes, but is not limited to:
 rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal
home or sleep together in the same room with
the abuser;
 acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat
of force, physical or other harm or threat of
physical or other harm or coercion;
 Prostituting the woman or child.
C. "Psychological violence" refers to acts or
omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage
to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to
which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or
attempt to make a woman financially dependent
which includes, but is not limited to the following:
 withdrawal of financial support or preventing
the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
 deprivation or threat of deprivation of financial
resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
 destroying household property;
 controlling the victims' own money or
properties or solely controlling the conjugal
money or properties.
(b) "Battery" refers to an act of inflicting physical
harm upon the woman or her child resulting to the
physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act committed
by a person who, knowingly and without lawful
justification follows the woman or her child or places
the woman or her child under surveillance directly
or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein
the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and
on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or
social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act
which may or may not result in the bearing of a
common child.
(g) "Safe place or shelter" refers to any home or
institution maintained or managed by the Department
of Social Welfare and Development (DSWD) or by any
other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing
temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18)
years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610.
As used in this Act, it includes the biological children
of the victim and other children under her care.
SECTION 5. Acts of Violence Against Women and Their
Children.- The crime of violence against women and
their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her
child;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct which
the woman or her child has the right to desist from
or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the
following acts committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or
her children of financial support legally due her or her
family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or
her child of a legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress
to the woman or her child. This shall include, but not
be limited to, the following acts:
(1) Stalking or following the woman or her child in
public or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of
minor children of access to the woman's
child/children.
SECTION 6. Penalties.- The crime of violence against
women and their children, under Section 5 hereof shall
be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting
attempted, frustrated or consummated parricide
or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal
Code.
If these acts resulted in mutilation, it shall be
punishable in accordance with the Revised Penal
Code; those constituting serious physical injuries
shall have the penalty of prison mayor; those
constituting less serious physical injuries shall be
punished by prision correccional; and those
constituting slight physical injuries shall be punished by
arresto mayor.
Acts falling under Section 5(b) shall be punished by
imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no
case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be
punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by
prision correccional;
(d) Acts falling under Section 5(f) shall be punished by
arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by
prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall
be punished by prision mayor.
If the acts are committed while the woman or child is
pregnant or committed in the presence of her
child, the penalty to be applied shall be the maximum
period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a)
pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three
hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court
designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against
women and their children under this law. In the
absence of such court in the place where the offense
was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements
was committed at the option of the compliant.
SECTION 9. Who may file Petition for Protection Orders. –
A petition for protection order may be filed by any of
the following:
(a) the offended party;
(b) parents or guardians of the offended party;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(c) ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
(d) officers or social workers of the DSWD or social
workers of local government units (LGUs);
(e) police officers, preferably those in charge of
women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible citizens
of the city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed.
SECTION 24. Prescriptive Period. – Acts falling under
Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall
prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women
and their children shall be considered a public offense
which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of
the circumstances involving the commission of the
crime.
SECTION 26. Battered Woman Syndrome as a Defense. –
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not
incur any criminal and civil liability
notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the
influence of alcohol, any illicit drug, or any other mindaltering substance shall not be a defense under this Act.
SECTION 34. Persons Intervening Exempt from Liability. –
In every case of violence against women and their
children as herein defined, any person, private
individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes
without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not
be liable for any criminal, civil or administrative liability
resulting therefrom.
SECTION 36. Damages. – Any victim of violence
under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.
CHAPTER THREE RAPE
Article 266-A
Rape, When And How Committed. – 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 machination or
grave abuse of authority; and
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.
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, or any instrument or
object, into the genital or anal orifice of
another person. (R.A. No. 8353, October 22,
1997)
Article 266-B
Penalty. – Rape under paragraph 1 of the next
preceding article shall be punished by reclusion
perpetua.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall become
reclusion perpetua to death.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime
of rape is committed with any of the following
aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years
of age and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third
(3rd) civil degree, or the common-law
spouse of the parent of the victim;
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution;
3) When the rape is committed in full view of
the spouse, parent, any of the children or
other relatives within the third civil degree of
consanguinity;
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of
the crime;
5) When the victim is a child below seven (7)
years old;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
6) When the offender knows that he is afflicted
with the Human Immuno-Deficiency Virus
(HIV)/Acquired
Immune
Deficiency
Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease
is transmitted to the victim;
7) When committed by any member of the
Armed Forces of the Philippines or paramilitary units thereof or the Philippine
National Police or any law enforcement
agency or penal institution, when the
offender took advantage of his position to
facilitate the commission of the crime;
8) When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
9) When the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime; and
10) When the offender knew of the mental
disability, emotional disorder and/or
physical handicap of the offended party at
the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article
shall be punished by prision mayor.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be
reclusion temporal.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion
perpetua.
When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
perpetua.
Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/
qualifying circumstances mentioned in this article.
Elements (par 1) – RAPE BY SEXUAL
INTERCOURSE/ORGAN
RAPE/PENILE
RAPE
1) That the offender is a man;
2) That the offender had carnal knowledge of a
woman;
 Penetration, even partial, is necessary
for rape to be consummated
 A broke hymen is not an essential
element
 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 an
accused to be convicted of
consummated rape.
 Proof of penetration, and not the exact
date of sexual assault is controlling
 Silence may amount to tacit consent
 A conviction for rape may rest on
direct as well as circumstantial evidence
 There is no crime of frustrated rape
 Rape with homicide is a special
complex crime – “homicide” is
understood in its generic sense,
includes murder and slight physical
injuries committed
3) That such act is accomplished under any of the
following circumstances:
 By using force or intimidation; or
o The force need not be irresistible.
 When the woman is deprived of reason or
otherwise unconscious;
 By means of fraudulent machination or
grave abuse of authority;
 When the woman is under 12 years of age or
demented.
 RA 11648 – When the offended party is under
sixteen (16) years of age or is demented, even
though none of the circumstances mentioned
above be present: Provided, that there shall be
no criminal liability on the part of a person
having carnal knowledge of another person
under 16 years of age when the age difference
between the parties is not more than three (3)
years, and the sexual act in question is proven
to be consensual, non-abusive and nonexploitative: Provided further, that if the victim
is under 13 years of age, this exception shall not
apply.
Elements (par 2) – RAPE BY SEXUAL
ASSAULT/INSTRUMENT OR OBJECT RAPE
1) That the offender commits an act of sexual
assault;
 May be a man or a woman
2) That the act of sexual assault is committed by
any of the following means:
 By inserting his penis into another
person's mouth or anal orifice
 By inserting any instrument or
object into the genital or anal orifice
of another person.
3) That the act of sexual assault is accomplished
under any of the following circumstances:
 By using force or intimidation;
 When the woman is deprived of
reason or otherwise unconscious*
 By means of fraudulent machination
or grave abuse of authority;
 When the woman is under 12 years
of age or demented.
Who can commit rape?
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Under Republic Act No. 8353, the crime of
rape can now be committed by a male or a female.
Before its amendment, rape could only be committed
by a male person.
It also reclassified rape as a crime against
person from crime against honor.
Article 266-C
Effect of Pardon. – The subsequent valid marriage
between the offended party shall extinguish the
criminal action or the penalty imposed.
In case it is the legal husband who is the offender,
the subsequent forgiveness by the wife as the
offended party 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.
Crimes against
persons
Marriage extinguishes
that penal action and the
penalty only as to the
principal (i.e., husband)
and not as to the
accomplices
and
accessories.
Subsequent forgiveness
by the wife as the
offended party shall
extinguish the criminal
action or the penalty
 exception to the
rule
that
forgiveness by
the
offended
party shall not
extinguish the
penal action in
crimes against
persons.
Crimes against
chastity
Such effect benefits not
only the principals but
also the accomplices and
accessories
Pardon/forgiveness by
the offended party shall
bar the prosecution of
the offense committed,
i.e.,
seduction,
abduction,
acts
of
lasciviousness.
Article 266-D
Presumptions. – Any physical overt act manifesting
resistance against the act of rape in any degree from
the offended party, or where the offended party is so
situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266A.
Evidence which may be accepted in the
prosecution of rape.
(a) any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
(b) where the offended party is so situated as to render
him/her incapable of giving consent.
The Revised Penal Code | VENTEROSO | 118
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE IX
Crimes Against Personal Liberty and Security
CHAPTER ONE CRIMES AGAINST
LIBERTY
Section One. - Illegal Detention
Article 267
Kidnapping and serious illegal detention. - Any private
individual who shall kidnap or detain another, or in
any other manner deprive him of his liberty, shall
suffer the penalty of reclusion perpetua to death:
1) If the kidnapping or detention shall have
lasted more than three (3) days.
2) If it shall have been committed simulating
public authority.
3) If any serious physical injuries shall have
been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have
been made.
4) If the person kidnapped or detained shall be
a minor, except when the accused is any of
the parents, female or a public officer.
The penalty shall be death where the kidnapping or
detention was committed for the purpose of
extorting ransom from the victim or any other
person, even if none of the circumstances abovementioned were present in the commission of the
offense.
When the victim is killed or dies as a consequence of
the detention or is raped, or is subjected to torture
or dehumanizing acts, the maximum penalty shall be
imposed.
Elements
1) That the offender is a private individual
Applicable provision
Article 267
(Kidnapping and
serious illegal
detention)
Public officer with Article 124 (Arbitrary
custody
detention)
Public officer without Article 267
custody
(Kidnapping and
serious illegal
detention)
Private individual
2) That he kidnaps or detains another, or in any
other manner deprives the latter of his
liberty.
 The intention to deprive the victim
of his liberty for purpose of extorting
ransom on the part of the accused is
essential in the crime of kidnapping.
 The deprivation of liberty must
not be incidental
 May be forcibly or fraudulently
 Actual demand and actual payment
for ransom is not necessary, for as
long as it is the purpose
 There must be actual detention or
locking up

It is not necessary that the
victim be placed in an inclosure
but also in any manner
detaining him or depriving him
of his liberty
 There is deprivation of liberty
when the child has freedom of
locomotion but no freedom to
leave at will
 The detention or deprivation
of liberty need not be
permanent
3) That the act of detention or kidnapping must
be illegal.
 Illegal – when not ordered by a
competent authority or not
permitted by law
 Not expressed in the provision but
must be understood to be included
 When one commits a crime in a private
person’s presence (citizen’s arrest),
the detention is legal as to a certain
extent
 Restraint by robbers is not illegal
detention when the purpose is to
delay or prevent assistance being
rendered by the authorities
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;
b) That it is committed simulating public
authority;
c) That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made; or
d) That the person kidnapped or detained is a
minor, female, or a public officer
 These circumstances are alternative
Other circumstances
Circumstances
When the victim is a
minor and accused is
any of the parents
Where the kidnapping
or detention was
committed for the
purpose of extorting
ransom from the
victim or any other
person
Effect/applicable
provisions
INDUCING A MINOR TO
ABANDON HIS HOME
(Article 271, par 2)
 penalty shall be death
(reclusion
perpetua
without eligibility of
parole)
 not necessary that one
or any of the
circumstances
be
present
 ransom – Under
Lindbergh Law, it is
the money, price or
consideration paid or
demanded
for
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
redemption of a
captured person or
persons, a payment
that
Purpose is immaterial
When the
circumstances in Art
267 are present
Victim is taken from MURDER (Article 248)
one place to another
 specific intent must
solely for the purpose
be alleged in the
of killing him
information. It is not
synonymous
with
motive.
If the offender is 15-18
 no discernment –
years of age
EXEMPT
 with discernment –
PRIVILEGED
MITIGATING
CIRCUMSTANCES
(penalty next lower in
degree)
Offender took the Complex
crime
of
victim with lewd FORCIBLE ABDUCTION
designs
WITH RAPE
a) one complex crime of
forcible
abduction
with rape, inasmuch as
the forcible abduction
of rape was only
necessary for the first
rape
b) each of the other
counts
of
rape
constitutes
distinct
and separate count of
rape
Special complex crime of kidnapping with murder
Prior to RA 7659 (December 31, 1993)
RULES
Complex
crime
of When kidnapping is a
kidnapping with murder necessary
means
of
(Article 48)
committing the murder
Two separate crimes of The murder/rape was an
kidnapping
and afterthought
murder/rape
From effectivity of RA 7659
RULES
When the victim is
 special complex
1) killed or dies as a
crime
consequence of
 maximum
the detention or
penalty shall be
2) is raped, or
imposed
3) is subjected to
torture
or
dehumanizing
acts
Illegal detention distinguished from arbitrary
detention
Illegal detention
Arbitrary detention
Art 267
Art 124
Committed by a private Committed by a public
person or a public officer officer or employee
without custody over the
person
Crime against liberty and Crime
against
the
security
fundamental laws of the
State
Article 268
Slight illegal detention. - The penalty of reclusion temporal
shall be imposed upon any private individual who
shall commit the crimes described in the next
preceding article without the attendance of any of
circumstances enumerated therein. The same
penalty shall be incurred by anyone who shall furnish
the place for the perpetration of the crime.
If the offender shall voluntarily release the person so
kidnapped or detained within three (3) days from the
commencement of the detention, without having
attained the purpose intended, and before the
institution of criminal proceedings against him, the
penalty shall be prision mayor in its minimum and
medium periods and a fine not exceeding One
hundred thousand pesos (P100,000).
Elements
1) That the offender is a private individual.
Private
individual
without
the
circumstances in Art
267
Public officer with
custody
Public officer without
custody and without
the circumstances in
Art 267
Applicable provision
Article 268 (Slight
illegal detention)
Article 124 (Arbitrary
detention)
Article 268 (Slight
illegal detention)
Accomplices
Anyone
who
furnished the place
for the perpetration
of the crime
Acts other than
furnishing the place
for the perpetration
of the crime
 Liable as coprincipal under
Art 268
 Reclusion temporal
 Art 52 – liable
as
an
accomplice
under Art 268
 the penalty next
lower in degree
2) That he kidnaps or detains another, or in
any other manner deprives him of his
liberty.
3) That the act of kidnapping or detention is
illegal.
4) That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.
Other circumstances
Circumstances
If the offender shall
1) voluntarily release
the person so
kidnapped
or
detained within
three (3) days
Effect/applicable
provisions
 Privileged
mitigating
circumstance
 1 degree lower –
prision mayor
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
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 a female
 Not offset by
aggravating
circumstances
 It must be shown
that he is in a
position
to
prolong
the
detention yet he
released
the
person detained
 Art 267 shall apply
 No
privileged
mitigating
circumstances
shall be applied
Article 269
Unlawful arrest. - The penalty of arresto mayor and a
fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who,
in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or
detain another for the purpose of delivering him to
the proper authorities.
Elements
1) That the offender arrests or detains another
person.
 The offender is any person, whether a
public officer or a private individual.
Private individual, the
arrest is without legal
grounds
Public officers with
authority/custody but
the arrest is without
legal grounds
Public
officers
without
authority/custody and
the arrest is without
legal grounds
Applicable provision
Article 269 (Unlawful
arrest)
Article 124 (Arbitrary
detention)
Article 269 (Unlawful
arrest)
2) That the purpose of the offender is to deliver
him to the proper authorities.
3) That the arrest or detention is not authorized
by law or there is no reasonable ground
therefor.
 Applies only to warrantless arrest
Unlawful arrest distinguished from illegal
detention
Unlawful arrest
Art 269
The purpose of locking up
or detaining the victim is
to deliver him to the
proper authorities
Illegal detention
Art 267, Art 268
In any other cases where
there is deprivation of
liberty
Unlawful arrest distinguished from delay in the
delivery of detained persons to the proper judicial
authorities
Unlawful arrest
Delay in the delivery of
detained persons to the
proper
judicial
authorities
Art 269
Art 125
Detention
is
not Detention is for some legal
authorized by law
ground
Crime is committed by Crime is committed by
making an arrest not failing to deliver such
authorized by law
person to the proper
judicial authority within a
certain period of time
Section Two. - Kidnapping of minors
Article 270
Kidnapping and failure to return a minor. - The penalty of
reclusion perpetua shall be imposed upon any person
who, being entrusted with the custody of a minor
person, shall deliberately fail to restore the latter to
his parents or guardians.
Elements
1) That the offender is entrusted with the custody
of a minor person (below 18 years of age).
 The age of majority is 18 years old
under RA 6809
2) That he deliberately fails to restore the said
minor to his parents or guardians.
 What is punished is the deliberate
failure of the custodian of the minor
to restore the latter to his parents or
guardian
 It is not necessary that the purpose of
the offender is to separate permanently
the minor from his parents or guardian.
Other circumstances
Circumstances
Effect/applicable
provisions
When the crime is INDUCING A MINOR
committed by the father or TO ABANDON HIS
mother of the minor
HOME (Article 271, par
2)
Kidnapping and failure to return a minor
distinguished from kidnapping and serious illegal
detention
Kidnapping and failure
to return a minor
Art 270
Punishes the deliberate
failure by the person
having the custody of the
minor to restore such
minor to his parents or
guardian
Kidnapping and serious
illegal detention
Art 267
Punishes the deprivation
of liberty
*necessarily included in
Kidnapping and Serious
Illegal Detention of Minor
under par 4 of Art 267
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Offender has
over the victim
custody Offender is not entrusted
with the custody of the
victim
Article 271
Inducing a minor to abandon his home. - The penalty of
prision correccional and a fine not exceeding One
hundred thousand pesos (P100,000) shall be
imposed upon anyone who shall induce a minor to
abandon the home of his parent or guardians or the
persons entrusted with his custody.
If the person committing any of the crimes covered
by the two preceding articles shall be the father or
the mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding Forty thousand pesos
(P40,000), or both.
Elements
1) That a minor 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.
 The inducement must be actual, with
criminal intent and determined by a
will to cause a damage
 Actual abandonment is not
necessary
 The minor should not leave his home
in his free will
Other circumstances
Circumstances
Effect/applicable
provisions
When the crime is INDUCING A MINOR
committed by the father or TO ABANDON HIS
mother of the minor
HOME (Article 271, par
2)
Any of the crimes covered by the two preceding
articles
Art. 269, which defines and punishes unlawful
arrest, could not be contemplated in the second
paragraph of Art. 271. It should read, "If the person
committing any of the crimes covered by the
preceding article and the first paragraph of this
article shall be the father or the mother of the
minor," etc.
Section Three. - Slavery and Servitude
Article 272
Slavery. — The penalty of prision mayor and a fine of
not exceeding 10,000 pesos shall be imposed upon
anyone who shall purchase, sell, kidnap or detain a
human being for the purpose of enslaving him.
If the crime be committed for the purpose of
assigning the offended party to some immoral
traffic, the penalty shall be imposed in its maximum
period.
Elements
1) That the offender purchases, sells, kidnaps
or detains a human being.
2) That the purpose of the offender is to
enslave such human being.
Other circumstances
Circumstances
Effect/applicable
provisions
The purpose is to assign Penalty shall be imposed in
the offended party to some its maximum
immoral traffic
The
employment
or  Will
cannot
be
custody of a minor with the
considered
consent of the parent or
involuntary servitude
guardian
Where it is proven that the SLAVERY (Art 272)
defendant was obliged to
render service in plaintiffs
house as a servant
without remuneration
whatever and to remain
there so long as she has
not paid her debt
Slavery distinguished from illegal detention
Slavery
Art 272
The offender purchases,
sells, kidnaps or detains
a human being
The purpose is to enslave
the victim
Illegal detention
Art 267, Art 268
The offender kidnaps or
detains another, or in any
other manner deprives
him of his liberty
In any other purposes
Article 273
Exploitation of child labor. — The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding 500 pesos shall be imposed
upon anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian
or person entrusted with the custody of a minor,
shall, against the latter's will, retain him in his service.
Elements
1) That the offender retains a minor in his
service.
2) That it is against the will of the minor.
 if the minor consents to the offender's
retaining his services, there is no
violation of this article.
 The existence of an indebtedness
constitutes no legal justification for
holding a person and depriving him of
his freedom to live where he wills.
3) That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor.
Article 274
Services rendered under compulsion in payment of debt. —
The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be
imposed upon any person who, in order to require
or enforce the payment of a debt, shall compel the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
debtor to work for him, against his will, as household
servant or farm laborer.
Elements
1) That the offender compels a debtor to work for
him, either as household servant or farm
laborer.
 The provision is specific as to the kind of
work
2) That it is against the debtor's will.
 this article does not distinguish whether the
victim is a minor or not
3) That the purpose is to require or enforce the
payment of a debt.
Services rendered under compulsion in payment
of debt distinguished from exploitation of child
labor
Services rendered under
compulsion in payment
of debt
Art 274
This article does not
distinguish whether the
victim is a minor or not
Exploitation
labor
of
child
Art 273
It is the minor who is
compelled
to
render
services for the supposed
debt of his parent or
guardian
Limited to household The service of the minor is
servant or farm laborer
not limited to household
and farm work
CHAPTER TWO CRIMES AGAINST
SECURITY
Section One. – Abandonment of helpless persons
and exploitation of minors
Article 275
Abandonment of person in danger and abandonment of one's
own victim. - The penalty of arresto mayor shall be
imposed upon:
1) Any one who shall fail to render assistance
to any person whom he shall find 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.
2) Anyone who shall fail to help or render
assistance to another whom he has
accidentally wounded or injured.
3) Anyone who, having found an abandoned
child under seven (7) years of age, shall fail
to deliver said child to the authorities or to
his family, or shall fail to take him to a safe
place.
Acts punishable under Art. 275
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
1) The place is not inhabited;
 Uninhabited place is a place where a person
cannot seek help.
2) The accused found there a person wounded or
in danger of dying;
3) The accused can render assistance without
detriment to himself;
4) The accused fails to render assistance.
2) By failing to help or render assistance to
another whom the offender has accidentally
wounded or injured.
 Must be accidental and not intentional
Accidental
Liable under Art
275 (Abandonment
of person in danger
and abandonment
of
one's
own
victim)
Intentional
Liable only for the
crime
resulting
from the stabbing
or shooting, which
may be physical
injuries (Art 263,
265,
266)
or
homicide if the
victim dies

The uninhabited place is not an element in
this case.
 Is this applicable in hit-and-run cases? Yes,
provided there is not intent to kill.
 What if there is intent to kill? Crossreference it with Article 365 of the Revised
Penal Code. If you are the Prosecutor in a
hit-and-run case, charge it in Article 365
and not Article 275.
3) By failing to deliver a child, under seven (7)
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.
 it is immaterial that the offender did not
know that the child is under seven years
 it applies to a lost child
 The child under seven years of age must be
found by the accused in an unsafe place
Article 276
Abandoning a minor. - The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any one who shall
abandon a child under seven (7) years of age, the
custody of which is incumbent upon him.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
if the life of the minor shall have been in danger only,
the penalty shall be prision correccional in its minimum
and medium periods.
The provisions contained in the two preceding
paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the
same shall constitute a more serious offense.
Elements
1) That the offender has the custody of a child.
2) That the child is under seven (7) years of age.
3) That he abandons such child.
 A permanent, conscious and
deliberate abandonment is required
in this article
 Abandonment which deprives him of
the care and protection from danger
to his person
4) That he has no intent to kill the child when
the latter is abandoned.
 His purpose in abandoning the minor
under his custody is to avoid the
obligation of taking care of said minor.
 Intent to kill cannot be presumed from the
death of the child - applicable only to
crimes against persons, and not to
crimes against security, particularly the
crime of abandoning a minor under Art.
276
 There must be no intent to kill
No intent to kill Art 276
(Abandoning a
minor)
With intent to kill Art 248 (Murder),
and the child dies Art 247 (Parricide),
or Art 255
(Infanticide)
With intent to kill Attempted murder,
and the child parricide
or
does not die
infanticide
Other circumstances
Circumstances
Effect/applicable
provisions
Death of the minor
prision correccional in its
resulted from such
medium and maximum
abandonment
periods
If the life of the minor was prision correccional in its
in danger because of the minimum and medium
abandonment
periods
Article 277
Abandonment of minor by person entrusted with his custody;
indifference of parents. - The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who,
having charge of the rearing or education of a minor,
shall deliver said minor to a public institution or
other persons, without the consent of the one who
entrusted such child to his care or in the absence of
the latter, without the consent of the proper
authorities.
The same penalty shall be imposed upon the parents
who shall neglect their children by not giving them
the education which their station in life require and
financial conditions permit.
Acts punished under Article 277
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 one,
without the consent of the proper authorities.
Elements
1) That the offender has charge of the rearing
or education of a minor.
 Only the person charged with "the
rearing or education" of the minor
is liable.
 To “rear” - bring to maturity by
educating, nourishing, etc.: as, to rear
children
2) That he delivers said minor to a public
institution or other persons.
 ‘Other persons’ may include neighbors
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.
Abandonment of minor by person entrusted with
custody distinguished from abandonment of a
minor under Art. 276 and Art 275 (3)
Abandonment Abandonment Abandonment
of minor by of a minor
of a minor in
person
danger
entrusted with
custody
Art 277 (1)
Art 276 (1)
Art 275 (3)
The custody of The custody of The offender
the offender is the offender is has no custody
specific, that is, stated in
the custody for general
the rearing or
education of
the minor
Minor is under Minor is under Child under 7
18 years of age 7 years of age
years of age
Minor is
Minor is
There is failure
delivered to a
abandoned in
to deliver said
public
such a way as
child to the
institution or
to deprive him authorities or
other person
of the care and to his family,
protection that or failure to
his tender years take him to a
need
safe place
2) By neglecting his (offender's) children by not
giving them the education which their station
in life requires and financial condition permits.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements
1) That the offender is a parent.
2) That he neglects his children by not giving
them education.
 The element refers to children and no further
mention of age requirement.
 The article refers to not giving education and
does not qualify as to the quality of education,
such as the school. Deprivation of education
is what is referred here.
 Obligation to educate children terminates, if
mother and children refuse without good
reason to live with accused.
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 and not due to financial
incapability
 Neglect of child is excluded from the
coverage of RA 7610
Article 278
Exploitation of minors. - The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon:
1) Any person who shall cause any boy or girl
under sixteen (16) years of age to perform
any dangerous feat of balancing, physical
strength, or contortion.
2) Any person who, being an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or
circus manager or engaged in a similar
calling, shall employ in exhibitions of these
kinds children under sixteen (16) years of age
who are not his children or descendants.
3) Any person engaged in any of the callings
enumerated in the next preceding paragraph
preceding who shall employ any descendant
of his under twelve (12) years of age in such
dangerous exhibitions.
4) Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a
child under sixteen (16) years of age, who
shall deliver such child gratuitously to any
person following any of the callings
enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar.
home of its ascendants, guardians, curators,
or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual
vagrant or beggar.
Acts punished under this article
1) By causing any boy or girl under 16 years of
age to perform any dangerous feat of
balancing, physical strength or contortion,
the offender being any person.
2) By employing children under 16 years of age
who are not the children or descendants of
the offender in exhibitions of acrobat,
gymnast, ropewalker, diver, or wild-animal
tamer, the offender being an acrobat, etc.,
or circus manager or person engaged in a
similar calling.
3) By employing any descendant under 12
years of age in dangerous exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of the said callings.
4) By delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in paragraph 2, or
to any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any capacity
with the care of such child.
5) By inducing any child under 16 years of age
to abandon the home of its ascendants,
guardians, curators or teachers to follow any
person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the offender
being any person.
Exploitation of minors distinguished
inducing a minor to abandon his home
from
If the delivery shall have been made in consideration
of any price, compensation, or promise, the penalty
shall in every case be imposed in its maximum
period.
Inducing a minor to
abandon his home
Art 278 (5)
Art 271
The purpose of inducing No purpose to exploit
the minor to abandon the
home is to follow any
person engaged in any of
the callings of being an
acrobat, gymnast, ropewalker, diver, wildanimal tamer or circus
manager
or
to
accompany any habitual
vagrant or beggar
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
and in the case of the parents of the child, they may
be deprived, temporarily or perpetually, in the
discretion of the court, of their parental authority.
* The exploitation of the
minor must be of such
nature as to endanger his
life or safety
Minor under 18 years of Minor under 16 years of
age
age
5) Any person who shall induce any child under
sixteen (16) years of age to abandon the
Exploitation of minors
Other circumstances
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Circumstances
Effect/applicable
provisions
Made in consideration of  Art 14 (11)
any price, compensation or  The penalty should be
promise
imposed
in
the
maximum
Article 279
Additional penalties for other offenses. - The imposition of
the penalties prescribed in the preceding articles,
shall not prevent the imposition upon the same
person of the penalty provided for any other felonies
defined and punished by this Code.
Section Two. - Trespass to dwelling
Article 280
Qualified trespass to dwelling. - Any private person who
shall enter the dwelling of another against the latter's
will shall be punished by arresto mayor and a fine not
exceeding Two hundred thousand pesos (P200,000).
If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional in
its medium and maximum periods and a fine not
exceeding Two hundred thousand pesos (P200,000).
The provisions of this article shall not be applicable
to any person who shall enter another's dwelling for
the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third
person, nor shall it be applicable to any person who
shall enter a dwelling for the purpose of rendering
some service to humanity or justice, nor to anyone
who shall enter cafes, taverns, inn and other public
houses, while the same are open.
Elements
1) That the offender is a private person.
Applicable provision
Article 280 (Qualified
trespass to dwelling)
Public officers in his Article 280 (Qualified
private capacity or not trespass to dwelling)
by virtue of his office
Public officers
Article 128 (Violation
of domicile)
Private individual
2) That he enters the dwelling of another.
 Dwelling place - means any building or
structure exclusively devoted for rest
and comfort, as distinguished from
places devoted to business, offices, etc.
 Whether a building is a dwelling house
or not depends upon the use to
which it is put.
 Neither the nature of the crime nor the
responsibility of its perpetrator is
altered by the fact that the accused
was living, as a boarder, in the same
house of which the room of the
offended occupant he entered was a
part.

Trespass may be committed by the
owner of a dwelling against the actual
occupant
3) That such entrance is against the latter's will.
 Mere absence of consent is not
enough to constitute the crime of
trespass to dwelling
 Lack of permission does not amount to
prohibition
 To commit trespass, the entrance by
the accused should be against the
presumed (implied) or express
prohibition/opposition
of
the
occupant
o Prohibition is implied in
entering the dwelling of
another at late hour of the
night
o Prohibition is implied in
entrance through the window
or any place not intended for
ingress
 In general, all members of a household
must be presumed to have authority to
extend an invitation to enter the house
 The facts or circumstances from which
the objection of the occupant may be
inferred should be in existence prior to
or at the time of the entry
Other circumstances
Circumstances
Effect/applicable
provisions
Offense is committed by
 prision correccional in
means of violence or
its medium and
intimidation
maximum periods
 prohibition is not
*violence may refer to the
necessary
person or to the act of
trespassing. The violence
or intimidation may take
place
prior
to
or
immediately after entrance
Defendants desisted from TRESPASS TO
their original intention to DWELLING WITH
commit another crime and VIOLENCE (Art 280)
left the house
The purpose of the HOMICIDE (Art 249)
accused was to kill the
 dwelling or that
person injured
the crime was
committed after
an unlawful
entry would be an
aggravating
circumstance.
The accused entered the TRESPASS TO
dwelling of a captain by DWELLING
forcing his way through the THROUGH
window. The accused VIOLENCE,
resisted arrest and stabbed FRUSTRATED
the son of the captain, HOMICIDE AND
inflicting a mortal wound. LESS SERIOUS
In his effort to escape, he PHYSICAL INJURIES
also assaulted the captain,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
his wife and daughter. The
son did not die because of
the timely and able medical
attendance given by a
physician.
 Two crimes were
committed, not
complex under
Art. 48
Cases to which the provisions of this article are 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 cafe,
tavern, inn and other public houses, while
the same are open. (Art. 280, last par.)
Article 281
Other forms of trespass. — The penalty of arresto menor
or a fine not exceeding Forty thousand pesos
(P40,000), or both, shall be imposed upon any
person who shall enter the closed premises or the
fenced estate of another, while either of them are
uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of
the owner or the caretaker thereof.
Elements
1) That the offender enters the closed premises
or the fenced estate of another.
 "Premises" - signifies distinct and
definite locality. It may mean a room,
shop, building or definite area, but in
either case, locality is fixed.
2) That the entrance is made while either of them
is uninhabited.
 closed premises + uninhabited
 fenced estate + uninhabited
3) That the prohibition to enter be manifest.
 Not merely express
4) That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Other forms of trespass distinguished from
trespass to dwelling
Other forms of trespass
Art 281
Offender is any person
Trespass to dwelling
Art 280
Offender is a private
person
Offender enters closed Offender enters a dwelling
premises or fenced estate
house
Place
entered
is Place entered is inhabited
uninhabited
Entering
the
closed Act constituting the crime
premises or the fenced is entering the dwelling
estate without securing the against the will of the
permission of the owner or owner
caretaker thereof
prohibition to enter must Prohibition to enter is
be manifest
express or implied
Article 282
Grave threats. — Any person who shall threaten
another with the infliction upon the person, honor
or property of the latter or of his family of any wrong
amounting to a crime, shall suffer:
1) The penalty next lower in degree than that
prescribed by law for the crime be
threatened to commit, if the offender shall
have made the threat demanding money or
imposing any other condition, even though
not unlawful, and said offender shall have
attained his purpose. If the offender shall
not have attained his purpose, the penalty
lower by two degrees shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2) The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos
(P100,000), if the threat shall not have been
made subject to a condition.
Acts punishable as grave threats
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. –
PENALTY NEXT LOWER IN DEGREE
THAN THAT PRESCRIBED BY LAW
FOR THE CRIME THREATENED TO
COMMIT
Elements
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.
2) By making such (referring above) threat
without the offender attaining his purpose.
- PENALTY TWO DEGREES LOWER
THAN THAT PRESCRIBED BY LAW
FOR THE CRIME THREATENED TO
COMMIT
Elements
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.
Section Three. — Threats and coercion
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) That there is a demand for money or that any
other condition is imposed, even though not
unlawful.
4) That the offender did not attain his purpose.
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. –
ARRESTO MAYOR
Elements
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.
 Must be serious and deliberate
 The offense is under this paragraph if
the condition is not proved
2) That such wrong amounts to a crime.
3) That the threat is not subject to a condition.
Art 282 (1) first Art 282 (1) Art 282 (2)
act
second act
There is infliction upon the latter's person, honor
or property, or upon that of the latter's family, of
any wrong
The wrong amounts to a crime
That there is a demand for The threat is
money or that any other not subject to
condition is imposed, even a condition
though not unlawful.
That the
That the
offender attains offender did
his purpose
not attain his
purpose
Other circumstances
Circumstances
Effect/applicable
provisions
If the threat is
penalty is to be imposed in
1) made in writing its maximum period
or
2) through
a
middleman
The threats are spoken at The accused will incur
different points in time
separate liabilities for
each threat spoken
The person threatened is The
crime
is
not present
consummated as soon as
the threats come to the
knowledge of the person
threatened.
Threats
made
in The threat is not a
connection
with
the separate offense
commission of other
crimes
If there is another crime The threat is absorbed by
actually committed or the the other crime
objective of the offender is
another crime, and the
threat is only a means to
commit it or a mere
incident in its commission.
When the act consists in
materially
taking
possession or securing, on
the spot, the delivery of
the money or other
personal property, through
the effect of fear or fright
which the imminence of
the injury produces in the
mind of the person
intimidated
Any
person
who
threatens another to
publish a libel concerning
him or the parents, spouse,
child, or other members of
the family of the latter or
upon anyone who shall
offer to prevent the
publication of such libel
for a compensation or
money consideration
ROBBERY
WITH
INTIMIDATION (Art
294)
THREATENING TO
PUBLISH (Art 356)
Article 283
Light threats. — Any threat to commit a wrong not
constituting a crime, made in the manner expressed
in subdivision 1 of the next preceding article, shall
be punished by arresto mayor.
Elements
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.
 Blackmailing may be punished under
Art. 283
4) That the offender has attained his purpose
or, that he has not attained his purpose.
 Light threats are committed in the
same manner as grave threats,
except that the act threatened to be
committed should not be a crime.
Article 284
Bond for good behavior. — In all cases falling within the
two next preceding articles, the person making the
threats may also be required to give bail not to
molest the person threatened, or if he shall fail to
give such bail, he shall be sentenced to destierro.
In what cases may a person be required to give ball
not to molest another?
1) When he threatens another under the
circumstances mentioned in Art. 282.
2) When he threatens another under the
circumstances mentioned in Art. 283.
Bond for good behavior
to keep the peace
Bond
for
good
behavior
Art 284
distinguished from bond
Bond to
peace
Art 35
keep
the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Applicable only to cases
of grave threats and light
threats
If he shall fail to give
bail, he shall be
sentenced to destierro.
Not made applicable to
any particular case
If the offender fails to
give bond, he shall be
detained for a period
1) not exceeding six
(6) months (if
prosecuted for
grave or less
grave felony) or
2) not exceeding 30
days
(if
prosecuted for
light felony)
A security in order for A distinct penalty
the offender not to make
true the threats made
Article 285
Other light threats. — The penalty of arresto menor in its
minimum period or a fine not exceeding Forty
Thousand pesos (P40,000) shall be imposed upon:
1) Any person who, without being included in
the provisions of the next preceding article,
shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be
in lawful self-defense.
2) Any person who, in the heat of anger, shall
orally threaten another with some harm
(not) constituting a crime, and who by
subsequent acts show that he did not persist
in the idea involved in his threat, provided
that the circumstances of the offense shall
not bring it within the provisions of Article
282 of this Code.
3) Any person who shall orally threaten to do
another any harm not constituting a felony.
Acts punished as other light threats
1) By threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it
be in lawful self-defense.
XPN: When done in lawful self defense
2) By orally threatening another, in the heat of
anger, with some harm (not) constituting a
crime, without persisting in the idea
involved in his threat.
Note: The word "not" in this paragraph is enclosed in
parenthesis, because the inclusion of that word in
paragraph 2 of Art. 285 is a mistake.
3) By orally threatening to do another any harm
not constituting a felony.
3 acts of other light threats
Art 285 (1)
Art 285 (2)
Threatening
Orally
another with a threatening
weapon, or by
drawing such
weapon in a
quarrel
Whether or not Made in the
in a quarrel
heat of anger
Art 285 (3)
Orally
threatening
Constituting a
felony
Not
constituting a
felony.
Grave threats, light threats, other light threats
Grave threats Light threats
Other light
threats
Demanding
Demanding
money
or money
or
imposing any imposing any
other condition other condition
(Art 282 par 1 (Art 283)
and 2)
No demand for
No demand for
money
or
money
or
imposing any
imposing any
other condition
other condition
(Art 282 par 3)
(Art 285)
Constituting a
Constituting a
felony (Art 282)
felony (Art 285
par 2)
Not
Not
constituting a constituting a
felony (Art 283) felony (Art 285
par 3)
Article 286
Grave coercions. — The penalty of prision correccional and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who,
without authority of law, shall, by means of violence,
threats or intimidation, prevent another from doing
something not prohibited by law, or compel him to
do something against his will, whether it be right or
wrong.
If the coercion be committed in violation of the
exercise of the right of suffrage, or for the purpose
of compelling another to perform any religious act
or to prevent him from exercising such right or from
so doing such act, the penalty next higher in degree
shall be imposed. (As amended by RA. No. 7890
which took effect on 20 Febuary 1995)
Two ways of committing grave coercions
1) By preventing another, by means of violence,
threats or intimidation, from doing
something not prohibited by law.
2) By compelling another, by means of
violence, threats or intimidation, to do
something against his will, whether it be right
or wrong.
Elements
1) That a person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his
will, be it right or wrong;
 No coercion is committed by one who
prevents a murderer from carrying out
his wicked purpose
 Compelling another to do something
includes the offender's act of doing it
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
himself while subjecting another to
his will – COMPELLED TO
ALLOW
 When the complainant is in the actual
possession of a thing, even if he has no
right to that possession, compelling
him by means of violence to give up the
possession, even by the owner himself,
is grave coercion - It is a maxim of the
law that no man is authorized to take
the law into his hands and enforce his
rights with threats or violence
 Coercion is consummated even if the
offended party did not accede to the
purpose of the coercion.
2) That the prevention or compulsion be effected
by violence, threats or intimidation; and
 RA 7659
3) That the person that restrained the will and
liberty of another had not the authority of law
or the right to do so, or, in other words, that
the restraint shall not be made under
authority of law or in the exercise of any
lawful right.
Main difference between grave coercion and grave
threat
Grave coercion
Grave threat
Art 286
Art 282
There is an immediate, The harm must be in
actual, or imminent the future
harm
Other circumstances
Circumstances
The act of preventing by
force is made at the time
the offended party was
doing or about to do the
act to be prevented
The act was already done
when violence is exerted
A public officer who shall
prevent by means of
violence or threats the
ceremonies or
manifestations of any
religion
Any person who, by force,
prevents the meeting of a
legislative body
Any person who shall use
force or intimidation to
prevent any member of
Congress from attending
the meetings thereof,
expressing his opinions, or
casting his vote
A public officer who, not
being authorized by law,
Effect/applicable
provisions
GRAVE COERCION
(Art 286)
UNJUST VEXATION
(Art 287 par 2)
INTERRUPTION OF
RELIGIOUS
WORSHIP (Art 132)
ACT TENDING TO
PREVENT THE
MEETING OF THE
ASSEMBLY AND
SIMILAR BODIES (Art
143)
VIOLATION OF
PARLIAMENTARY
IMMUNITY (Art 145)
EXPULSION (Art 127)
compels a person to
change his residence
Kidnapping the debtor to
compel him to pay his
debt
When the violence is
employed to seize
anything belonging to the
debtor of the offender
When the defendants
presented themselves
armed and surrounded
the complainant in a
notoriously threatening
attitude
Where the accused, by
means of violence, merely
dragged and carried the
complainant to a
distance of three meters
from the place where she
was first grabbed, they did
not persist and voluntarily
desisted
When the purpose is to
prevent the inmates from
leaving the premises
Extorting a confession or
in obtaining an
information from the
prisoner by means of
violence
Extorting a confession or
in obtaining an
information from any
person by means of
violence
If the coercion is
committed
1) in violation of the
exercise of the
right of suffrage;
2) to compel another
to perform any
religious act;
3) to prevent
another from
performing any
religious act.
KIDNAPPING WITH
RANSOM (Art 267)
LIGHT COERCION
(Art 287)
GRAVE COERCION
(Art 286)
Not frustrated illegal
detention but
consummated GRAVE
COERCION (Art 286)
*for the illegal detention
to be committed, there
must be actual
confinement
MALTREATMENT OF
PRISONER (Art 235)
GRAVE COERCION
(Art 286)
penalty next higher in
degree shall be imposed
Grave coercion distinguished from illegal
detention
Grave coercion
Illegal detention
Art 286
Art 267, 268
There is no deprivation There is deprivation of
but the complainant was liberty
compelled
Article 287
Light coercions. — Any person who, by means of
violence, shall seize anything belonging to his debtor
for the purpose of applying the same to the payment
of the debt, shall suffer the penalty of arresto mayor in
its minimum period and a fine equivalent to the
value of the thing, but in no case less than Fifteen
thousand pesos pesos.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from One
thousand pesos (P1,000) to Forty thousand pesos
(P40,000), or both.
Elements (par 1)
1) That the offender must be a creditor.
 his conduct was that of a co-owner
who wished to exercise the right of
redemption
with
which
unquestionably he was civilly vested,
the accused is not guilty of light
coercion
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.
 Actual physical violence need not be
employed
4) That the purpose of the offender is to apply
the same to the payment of the debt.
 if the offender seized anything
belonging to his debtor by means of
violence to hold it merely as security
for the payment of the debt, Art. 287,
par. 1, is not applicable.
Unjust vexation (par 2)
 other light coercion (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
 kissing a girl, without performing
acts of lasciviousness, is unjust
vexation. If with acts of lasciviousness
(Art 336)
 There is no violence or intimidation
in unjust vexation
 When the act of the accused has no
connection with his previous acts of
violence, it is only unjust vexation
Other circumstances
Circumstances
Effect/applicable
provisions
Through deceit and UNJUST VEXATION
misrepresentation,
(Art 287 par 2)
willfully seized and took
possession
Article 288
Other similar coercions; (Compulsory purchase of merchandise
and payment of wages by means of tokens.) — The penalty
of arresto mayor or a fine ranging from Forty thousand
pesos (P40,000) to One hundred thousand pesos
(P100,000), or both, shall be imposed upon any
person, agent or officer, of any association or
corporation who shall force or compel, directly or
indirectly, or shall knowingly permit any laborer or
employee employed by him or by such firm or
corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or
objects other than the legal tender currency of the
laborer or employee.
Acts punished as other similar coercions
1) By forcing or compelling, directly or
indirectly, or knowingly permitting the
forcing or compelling of the laborer or
employee of the offender to purchase
merchandise or commodities of any kind
from him.
Elements of No. 1
1) That the offender is any person, agent or
officer of any association or corporation.
2) That he or such firm or corporation has
employed laborers or employees.
3) That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its laborers
or employees to purchase merchandise or
commodities of any kind from him or from
said firm or corporation.
2) By paying the wages due his laborer or
employee by means of tokens or objects
other than the legal tender currency of the
Philippines, unless expressly requested by such
laborer or employee.
Elements of No. 2
1) That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects.
2) That those tokens or objects are other than
the legal tender currency of the Philippines.
 GR: 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. (Section 1, Rule VIII, Book
III, Omnibus Rules Implementing the
Labor Code)
3) That such employee or laborer does not
expressly request that he be paid by means
of tokens or objects.
Other circumstances
Circumstances
Effect/applicable
provisions
Inducing an employee to Unlawful under Article
give up any part of his 116 of the Labor Code,
wages by force, stealth, not under the Revised
Penal Code
The Revised Penal Code | VENTEROSO | 131
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
intimidation, threat or by
any other means
Article 289
Formation, maintenance and prohibition of combination of
capital or labor through violence or threats. — The penalty
of arresto mayor and a fine not exceeding Sixty
thousand pesos (P60,000) shall be imposed upon
any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital or
labor, strike of laborers or lock-out of employees,
shall employ 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, if
the act shall not constitute a more serious offense in
accordance with the provisions of this Code.
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.
 The act should not be a more serious
offense
2) That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike
of laborers or lockout of employers.
 Peaceful picketing is part of freedom of
speech and, therefore, cannot be
prohibited
Other circumstances
Circumstances
Effect/applicable
provisions
Death or some serious Act should be punished in
physical injuries are accordance with the other
caused in an effort to provisions of the Code
curtail the exercise of the
rights of the laborers and
employers
When picketers commit Liable for COERCION
any act of violence,
coercion or intimidation or
obstruct free ingress to or
egress from the premises
Preventing employee from punished under the Labor
joining any registered labor Code, not under the
organization
Revised Penal Code
CHAPTER THREE DISCOVERY AND
REVELATION OF SECRETS
Article 290
Discovering secrets through seizure of correspondence. — The
penalty of prision correccional in its minimum and
medium periods and a fine not exceeding One
hundred thousand pesos (P100,000) shall be
imposed upon any private individual who, in order
to discover secrets of another, shall seize his papers
or letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the
penalty shall be arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000).
This provision shall not be applicable to parents,
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
children or minors placed under their care or
custody, nor to spouses with respect to the papers
or letters of either of them.
Elements
1) That the offender is a private individual or
even a public officer not in the exercise of
his official function.
2) That he seizes the papers or letters of
another.
 "seize" - to place in the control of
someone a thing or to give him the
possession thereof and accordingly, it
is not necessary that in the act, there
should be force or violence.
3) That the purpose is to discover the secrets of
such another person.
4) That offender is informed of the contents of
the papers or letters seized.
 Prejudice is not an element of the
offense
Other circumstances
Circumstances
Opened by mistake
Effect/applicable
provisions
Not liable under Art 290
*act of seizure must be
1) impelled by a desire to
discover the secrets of
another and
2) that the accused is
informed of the contents
of papers or letters.
When
the
offender
 the penalty is
reveals the contents of
higher
(prision
such paper or letters of
correccional)
another to a third person
* revealing the secrets is
not an element of the
offense
Art. 290 is not applicable to letters of minors or
spouses
This article is not applicable to parents,
guardians, or persons entrusted with the custody of
minors with respect to papers or letters of the
children or minors placed under their care or
custody, or to spouses with respect to the papers
or letters of either of them. (Art. 290, par. 3)
Discovering secrets through seizure of
correspondence distinguished from public officer
revealing secrets of private individual
Discovering secrets
Public officer
through seizure of
revealing secrets of
correspondence
private individual
Art 290
Art 230
The Revised Penal Code | VENTEROSO | 132
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Offender is a private
individual or public
officer not in the
exercise of his official
function
Necessary that the
secrets are contained in
papers or letters
It is not necessary that
there be a secret and, if
there is a secret
discovered, it is not
necessary that it be
revealed
Offender is a public
officer
Not necessary that the
secrets are contained in
papers or letters
Reveals such secrets
without
justifiable
reason
Sec. 2756 of the Administrative Code punishes the
unlawful opening of mail matter
Any person, who is not an officer or
employee of the Bureau of Posts, who shall
unlawfully open any mail matter which has been in any
post office or in the charge of any person employed in
the Bureau of Posts, or shall unlawfully take any mail
matter before it is given into the actual possession of
the addressee, shall be punished by a fine of not more
than Pl,000.00 or by imprisonment for not more
than one year, or both.
Article 291
Revealing secrets with abuse of office. - The penalty of
arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon
any manager, employee, or servant who, in such
capacity, shall learn the secrets of his principal or
master and shall reveal such secrets.
Elements
1) That the offender is a manager, employee or
servant.
2) That he learns the secrets of his principal or
master in such capacity.
 Secrets must be learned by reason of
their employment
3) That he reveals such secrets.
 Damage is not necessary under this
article
Article 292
Revelation of industrial secrets. - The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos
shall be imposed upon the person in charge,
employee or workman of any manufacturing or
industrial establishment who, to the prejudice of the
owner thereof, shall reveal the secrets of the industry
of the latter.
2) That the manufacturing or industrial
establishment has a secret of the industry
which the offender has learned.
 The secrets here must be those relating
to the manufacturing processes
invented by or for a manufacturer and
used only in his factory or in a limited
number of them, should not be
generally used
3) That the offender reveals such secrets.
 The act constituting the crime is
revealing the secret of the industry of
employer
 If used for his own benefit, without
revealing it to others, he is not liable
under this article
 The revelation of the secret might be
made after the employee or workman
had ceased to be connected with the
establishment
 What is important is that he was an
employee or workman of the
manufacturing
or
industrial
establishment when he learned the
secrets
4) That prejudice is caused to the owner.
Discovering
secrets through
seizure of
correspondence
Art 290
Offender is a
private individual
or even a public
officer not in the
exercise of his
official function
Revealing
secrets with
abuse of
office
Art 291
Offender is a
manager,
employee or
servant
Revelation of
industrial
secrets
Art 292
Offender is a
person in
charge,
employee or
workman of a
manufacturing
or industrial
establishment
It
is
not There must be a secret
necessary
that
there must be a
secret
No revelation
The offender reveals such secret
Prejudice is not
Prejudice is an
an element
element
Damage is not Damage
is
necessary
necessary
Elements
1) That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment.
The Revised Penal Code | VENTEROSO | 133
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

TITLE X

CRIMES AGAINST PROPERTY
CHAPTER ONE ROBBERY IN
GENERAL
Article 293
Who are guilty of robbery. - Any person who, with intent
to gain, shall take any personal property belonging
to another, by means of violence or intimidation of
any person, or using force upon anything shall be
guilty of robbery.
Definition
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
a) Robbery with violence against, or
intimidation of persons. (Arts. 294, 297
and 298)
b) Robbery by the use of force upon
things. (Arts. 299 and 302)
Types of robbery
 Upon persons
1) Robbery with violence against or intimidation
of persons – Art 294
 Upon things
2) Robbery in an inhabited house or public
building or edifice devoted to worship – Art
299
3) Robbery in an uninhabited place or in a private
building – Art 302
Elements of robbery in general
1) That there be personal property belonging
to another;
 If the robber turns out to be the owner
of the thing, there is an impossible
crime punished by arresto mayor
 If real property – USURPATION
(Art 312)
 A co-owner or a partner cannot
commit robbery or theft with regard to
the co-ownership or partnership
property
 The person from whom the personal
property is taken need not be the
owner. What is important is the actual
or physical possession
 The name of the real owner is only
essential in robbery with homicide
2) That there is unlawful taking (asportation)
of that property;

where the taking was lawful and the
unlawful
misappropriation
was
subsequent to such taking, the crime is
ESTAFA or MALVERSATION
includes unlawful seizing even though
there is apparent acting in compliance
with the law
Taking must be with the character of
permanency
Unlawful taking, when
complete
With violence against or From the moment the
intimidation of persons offender gains
possession of the
thing, even if the culprit
has had no opportunity
to dispose of the same
With force upon things After the accused had
taken material
possession of the thing
with intent to
appropriate the same,
although his act of
making use of the thing
was frustrated
3) That the taking must be with intent to gain;
and
 Intent to gain (animus lucrandi) is
presumed from the unlawful taking of
personal property.
 Absence of intent to gain if there is
violence
used
–
GRAVE
COERCION (Art 286)
4) That there is violence against or
intimidation of any person, or force upon
anything.
 Violence/intimidation – against
persons
 Force – upon things
Force upon things
Violence/intimidation
against persons
The taking is robbery
Whenever violence
only if the force is used against or intimidation
either to enter the
of any person is used,
building or to break
the taking of personal
doors, wardrobes,
property belonging to
chests, or any other kind another is always
of locked or sealed
robbery.
furniture or receptacle
inside the building or to
force them open outside
after taking the same
from the building.
Value of the personal Value of the personal
property
taken
is property
taken
is
material
immaterial
Robbery in an
The penalty depends
inhabited house or
(a) on the result of the
public building or
violence used, as when
homicide, rape,
The Revised Penal Code | VENTEROSO | 134
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
edifice devoted to
worship – Art 299
The penalty is based
(a)on the value of the
property taken and
(b)on whether or not
the offenders carry
arms;
Robbery in an
uninhabited place or
in a private building –
Art 302
The penalty is based
on the value of the
property taken only

intentional mutilation or
any of the serious
physical injuries
resulted, or when less
serious or slight physical
injuries were inflicted,
which are only evidence
of simple violence, and
(b)on the existence of
intimidation only.
In force upon things, there must be
entrance into the building and this
must be effected by any of the means
described in Articles 299 and 302.
Other circumstances
Circumstances
Effect/applicable
provisions
Robbery of real property
USURPATION (Art
312)
Where the taking was ESTAFA
or
lawful and the unlawful MALVERSATION
misappropriation
was
subsequent to such taking
Absence of intent to gain if GRAVE COERCION
there is violence used
(Art 286)
Violence or intimidation is
present only after the
taking of the personal
property
When the violence results
in: (1) homicide, (2) rape,
(3) intentional
mutilation, or (4) any of
the serious physical
injuries penalized in
paragraphs 1 and 2 of Art.
263, even if the taking was
already complete when the
violence was used by the
offender.
When the elements of
both robbery with
violence against or
intimidation of person and
robbery with use of force
upon things are present
Purpose of taking the
vehicle is to destroy by
burning it
Only the parts of the
whole car are taken away
to another place
THEFT (Art 308) and
PHYSICAL
INJURIES (Art 265,
266)/GRAVE
THREATS (Art 282)
The taking of personal
property is ROBBERY
COMPLEXED WITH
ANY OF THOSE
CRIMES (Art 294)
The penalty is that
imposed
for
ROBBERY
WITH
VIOLENCE
OR
INTIMIDATION (Art
294)
IN
ITS
MAXIMUM (Art 48)
ARSON (Art 321)
Liable under RA 10883
Republic Act No. 10883
The New Anti-Carnapping Act of 2016
 law applicable when proper taken in robbery is
a motor vehicle
 Carnapping- is the taking, with intent to gain,
of a motor vehicle belonging to another
without the latter's consent, or by means of
violence against or intimidation of persons, or
by using force upon things.
 Motor vehicle - refers to any vehicle propelled
by any power other than muscular power using
the public highways, except road rollers,
trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on
public highways; vehicles which run only on
rails or tracks; and tractors, trailers and traction
engines of all kinds used exclusively for
agricultural purposes. Trailers having any
number of wheels, when propelled or intended
to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor
vehicle with no power rating (Sec 2(e))
 Penalties – Any person who is found guilty of
carnapping shall, regardless of the value of
the motor vehicle taken, be punished by
1) imprisonment for not less than
twenty (20) years and one (1)
day but not more than thirty
(30)
years,
when
the
carnapping is committed
without violence against or
intimidation of persons, or
force upon things; and
2) by imprisonment for not less
than thirty (30) years and one
(1) day but not more than forty
(40)
years,
when
the
carnapping is committed by
means of violence against or
intimidation of persons, or
force upon things; and
3) the
penalty
of
life
imprisonment shall be imposed
when the owner, driver, or
occupant of the carnapped
motor vehicle is killed or
raped in the commission of the
carnapping. (Sec 3)
 Non-bailable offense - Any person
charged with carnapping or when the
crime of carnapping is committed by
criminal groups, gangs or syndicates or
by means of violence or intimidation of
any person or persons or forced upon
things; or when the owner, driver,
passenger or occupant of the
carnapped vehicle is killed or raped in
the course of the carnapping shall be
denied bail when the evidence of
guilt is strong. (Sec 3)
 Special
complex
crime
of
carnapping with homicide
The Revised Penal Code | VENTEROSO | 135
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
o There must be proof not only
of the essential requisites of
carnapping but also of original
criminal design and the killing
was perpetrated in the course
of commission or on the
occasion thereof
o Not covered by Art 48
o No distinction must be made
between homicide and murder
Article 294
Robbery with violence against or intimidation of persons —
Penalties. — Any person guilty of robbery with the
use of violence against or intimidation of any person
shall suffer:
1)The penalty of reclusion perpetua to death,
when by reason or on occasion of the
robbery, the crime of homicide shall have
been committed; or when the robbery shall
have been accompanied by rape or
intentional mutilation or arson;
2)The penalty of reclusion temporal in its
medium period to reclusion perpetua, when by
reason or on occasion of such robbery, any
of the physical injuries penalized in
subdivision 1 of Article 263 shall have been
inflicted;
3)The penalty of reclusion temporal,* when by
reason or on occasion of the robbery, any of
the physical injuries penalized in subdivision
2 of the article mentioned in the next
preceding paragraph, shall have been
inflicted;
4)The penalty of prision mayor in its maximum
period to reclusion temporal in its medium
period, if the violence or intimidation
employed in the commission of the robbery
shall have been carried to a degree clearly
unnecessary for the commission of the
crime, or when in the course of its execution,
the offender shall have inflicted upon any
person not responsible for its commission
any of the physical injuries covered by
subdivisions 3 and 4 of said Article 263;
5)The penalty of prision correccional in its
maximum period to prision mayor in its
medium period in other cases. (As amended
by Republic Act No. 7659)
Acts punished as special complex crime of robbery
with violence against or intimidation of persons
1) When by reason or on occasion of the robbery,
the crime of homicide is committed; - reclusion
perpetua to death
 by reason or on occasion – It matters not that
the victim was killed prior to the taking of the
personal property. What is essential in robbery
with homicide is that there be a direct relation
and intimate connection between the robbery
and killing, whether both crimes be committed
at the same time. The specific intent must be
robbery and the killing is incidental. Homicide
is said to have been committed by reason or on
occasion of robbery if it is committed
1) to facilitate the robbery or
escape of the culprit
2) to
preserve/defend
the
possession by the culprit of the
loot
3) to prevent discovery of the
commission of the robbery
4) to eliminate witnesses to the
commission/suppress
evidence of the crime
 The following circumstances are immaterial:
1) death would supervene by
mere accident
2) victim of the homicide is other
than the victim of the robbery
– such as when the person
killed is another robber
3) two or more persons are killed,
including
the
attempted
homicides
and
murder
committed
4) death happened prior or
subsequent to the robbery
 Homicide is to be understood in its generic
sense as to include parricide, infanticide,
murder, serious physical injuries
Other circumstances
Circumstances
The killing is not in direct
relation to the robbery
Robbery committed by a
band
Fact of death is not proved
Effect/applicable
provisions
Separate crime of
ROBBERY (Art 294) and
counts of MURDER (Art
248) or HOMICIDE (Art
249)
ROBBERY WITH
HOMICIDE (Art 294)
with the band as generic
aggravating circumstance
(Art 14)
SIMPLE ROBBERY
(Art 294, par 5)
Liable as
accomplice/accessory only
on the ROBBERY and
not on the HOMICIDE
HOMICIDE (Art 249)
Accomplices/accessories
who have known the
robbery but not of the
homicide
When there is robbery with
homicide but the robbery
was not proved
Principals who did not All who took part in the
took part in the killing but robbery are all principals
took part in the robbery
in ROBBERY WITH
HOMICIDE (Art 294) as
a single and indivisible
felony
2) When the robbery is accompanied by rape or
intentional mutilation or arson; - reclusion
perpetua to death
 There must be intent to take the personal
property and such intent must precede the rape
The Revised Penal Code | VENTEROSO | 136
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Even if the rape was committed in another
place, it is still robbery with rape
 There is no such crime as robbery with
attempted rape
Other circumstances
Circumstances
The original plan was to
rape but the accused after
committing the rape also
committed robbery
When the taking of
personal property of a
woman is an independent
act following defendant's
failure to consummate the
rape
If rape was the primary
objective of the accused,
and his taking was not with
intent to gain but just to
have some tokens of her
supposed consent to the
coition
When rape and homicide
co-exist in the commission
of robbery
Effect/applicable
provisions
ROBBERY (Art 294, 299,
302) and RAPE (Art 266A) will be separate and
distinct crimes
ATTEMPTED RAPE
and THEFT (Art 308)
RAPE (Art 266-A) and
UNJUST VEXATION
(Art 287, par 2)
ROBBERY WITH
HOMICIDE (Art 294,
par 1) AND RAPE being
an aggravating
circumstance
3) When by reason or on occasion of such robbery, any
of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted; reclusion temporal in its medium period to
reclusion perpetua
4) When by reason or on occasion of robbery, any of
the physical injuries resulting in the loss of the use
of speech or the power to hear or to smell, or the
loss of an eye, a hand, a foot, an arm, or a leg or
the loss of the use of any such member or incapacity
for the work in which the injured person is theretofore
habitually engaged is inflicted; - reclusion temporal
5) 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; prision mayor in its maximum period to reclusion
temporal in its medium period
 The violence need not result in serious physical
injuries
6) When in the course of its execution, the offender
shall have inflicted upon any person not responsible
for the commission of the robbery any of the
physical injuries in consequence of which the person
injured becomes deformed or loses any other
member of his body or loses the use thereof or
becomes ill or incapacitated for the performance
of the work in which he is habitually engaged for
more than 90 days or the person injured becomes ill
or incapacitated for labor for more than 30 days prision mayor in its maximum period to reclusion
temporal in its medium period,
 Perhaps what is meant under this paragraph is
that serious physical injuries are inflicted to a
person not involved in the crime of Robbery,
such as a stranger
 The serious physical injuries defined in
subdivisions 3 and 4 of Art. 263, inflicted in
connection with the robbery, must be inflicted
"in the course of its execution
Other circumstances
Circumstances
In the course of the
execution of the crime of
robbery, one of the
offenders inflicted upon
another robber
The physical injuries under
Art 263 par 3 and 4 were
inflicted after the taking of
the personal property had
been complete (not in the
execution of robbery)
Effect/applicable
provisions
ROBBERY (Art 294, par
5, 299, 302) and
SERIOUS PHYSICAL
INJURIES (Art 263, par
3)
The serious physical
injuries mentioned should
be considered as separate
offense
7) If the violence employed by the offender does not
cause any of the serious physical injuries defined in
Art. 263, or if the offender employs intimidation
only - prision correccional in its maximum period
to prision mayor in its medium period
 Simple robbery or robbery with intimidation
 Includes less serious physical injuries and slight
physical injuries
 Violence or intimidation need not be present
before or at the exact moment when the object
is taken
RECAP:
Art 294, par 1-4 – ROBBERY WITH VIOLENCE
Art 294, par 5 – ROBBERY WITH
INTIMIDATION
Robbery through
Threats to extort
intimidation
money
Art 294, par 5
Art 282
There is intimidation
Same purpose to gain. When the threat is made to
extort money, it is identical with intent to gain
The intimidation is The intimidation is
actual and immediate
conditional or future
Intimidation is personal Intimidation may be
made
through
an
intermediary
The intimidation is The intimidation may
directed only to the refer to the person,
person of the victim
honor, or property of the
offended party or that of
his family
The gain of the culprit is The gain of the culprit is
immediate
not immediate
Robbery with violence
Art 294, par 1-4
There is violence
There is intent to gain
Grave coercion
Art 286
Robbery
Bribery
There is no intent to gain
The Revised Penal Code | VENTEROSO | 137
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Art 294
The
transaction
is
neither mutual nor
voluntary
Victim is deprived of his
money or property by
force or intimidation
Art 210, 211, 211-A
The transaction is
mutual and voluntary
Victim parts with his
money or property in a
sense voluntarily
with serious physical injuries under par. 1 of
Art. 263.
Other circumstances
Circumstances
Committed by a band and
in an uninhabited place
Other circumstances
Circumstances
The owner of the used
dynamite in catching the
fish and he gave the fish to
the agent to avoid
prosecution under the
Fisheries Act
Effect/applicable
provisions
BRIBERY
Article 295
Robbery with physical injuries, committed in an uninhabited
place and by a band, or with the use of firearm on a street,
road or alley. - If the offenses mentioned in
subdivisions three, four, and five of the next
preceding article shall have been committed in an
uninhabited place or by a band, or by attacking a
moving train, street car, motor vehicle or airship, or
by entering the passenger's compartments in a train
or, in any manner, taking the passengers thereof by
surprise in the respective conveyances, or on a street,
road, highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be
punished by the maximum period of the proper
penalties.
Qualified robbery with violence or intimidation
against persons
If any of the offenses defined in subdivisions 3, 4 and
5 of Art. 294 is committed
1) in an uninhabited place, or
2) by a band, or
3) by attacking a moving train (not
qualified if the train is not moving),
street car, motor vehicle, or airship, or
4) by
entering
the
passengers'
compartments in a train, or in any
manner taking the passengers thereof
by surprise in the respective
conveyances, or
5) on a street, road, highway, or alley, and
the intimidation is made with the use
of firearms,
EFFECT: In these cases, the offender shall be
punished by the maximum periods of the proper
penalties prescribed in Art. 294.
 Any of these five qualifying circumstances of
robbery with physical injuries or intimidation
must be alleged in the information and proved
during the trial
 Being qualifying, it cannot be offset by a
generic mitigating circumstance.
 Art. 295 does not apply to robbery with
homicide, or robbery with rape, or robbery
Robbery with homicide
was committed by
attacking a motor vehicle
or moving train, or on the
street, road, highway or
alley with the use of
firearms
Effect/applicable
provisions
"by a band" is qualifying
and "uninhabited place"
would be generic
aggravating
circumstance only
They would not be
punishable under Art. 295,
but then, cuadrilla would
be generic aggravating
circumstance under Art.
14 of the Code.
Article 296
Definition of a band and penalty incurred by the members
thereof. - When more than three (3) armed
malefactors take part in the commission of a
robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the
commission of the offense be an unlicensed firearm,
the penalty to be imposed upon all the malefactors
shall be the maximum of the corresponding penalty
provided by law, without prejudice of the criminal
liability for illegal possession of such unlicensed
firearms.
Any member of a band who is present at the
commission of a robbery by the band, shall be
punished as principal of any of the assaults
committed by the band, unless it be shown that he
attempted to prevent the same.
Outline of the provisions
1) When at least four (4) armed
malefactors take part in the
commission of a robbery, it is
deemed committed by a
band.
 When the robbery was
not committed by a
band, the robber who
did not take part in the
assault by another is
not liable for that
assault
 Proof of conspiracy is
not necessary when
four or more armed
persons
committed
robbery.
 The members of the
band liable for the
assault must be present
at the commission of
the
robbery,
not
necessarily
at
the
commission of the
assault
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) When any of the arms used in
the commission of robbery is
not licensed, the penalty upon
all the malefactors shall be the
maximum
of
the
corresponding
penalty
provided by law, without
prejudice to the criminal
liability for illegal possession of
such firearms. (maximum of
the maximum period of the
proper penalty)
 Clubs are arms
 Arms
are
not
necessarily guns and
explosives
3) Any member of a band who
was present at the commission
of a robbery by the band, shall
be punished as principal of
any of the assaults committed
by the band,
XPN: it be shown that he
attempted to prevent the same.
Requisites for liability for the acts of the
other members of the band
A member of the band is liable for any of the
assaults committed by the other members
thereof, when the following requisites concur:
1) That he was a member of the
band.
2) That he was present at the
commission of a robbery by
that band.
3) That the other members of
the band committed an
assault.
4) That he did not attempt to
prevent the assault.
Other circumstances
Circumstances
Conspiracy
A principal by
inducement, who did not
go with the band at the
place of the commission
of the robbery, there is
nothing in the record to
show that he planned or
conspired to commit the
murder
The robbery with
homicide is committed by
a band
Effect/applicable
provisions
All the conspirators, even
if less than four armed
men, are liable for the
special complex crime
in Art 294
Not liable for robbery
with homicide, but only
for ROBBERY IN A
BAND
*Art. 296 is not applicable
to principal by induction,
who was not present at the
commission of the
robbery, if the agreement
was only to commit
robbery.
ROBBERY WITH
HOMICIDE, with the
band appreciated as an
Where in the course of the
robbery by a band, the
offended woman was
taken by one of the
accused to a place away
from the house where the
robbery was committed,
and there he raped her
without the knowledge of
his companions
A, B, C and D agreed to
commit robbery. By their
agreement, A and B went
to the hut to watch the
inmates, while C and D
were to take away the
carabaos. While C and D
were untying the carabaos,
they heard the scream:
"Oh! save my life!" which
was interrupted by a pistol
shot by A. Fearing that the
shot might summon help,
the accused escaped
without taking the
carabaos, although one of
them had already been
untied.
ordinary aggravating
circumstance
He alone is guilty of
ROBBERY WITH
RAPE. His companions
would be guilty only of
SIMPLE ROBBERY
BY A BAND
All are liable for the crime
of ATTEMPTED
ROBBERY WITH
HOMICIDE BY A
BAND.
* Art. 296 is applicable to
attempted robbery with
homicide by a band.
REPUBLIC ACT NO. 10591
AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
SEC. 29. Use of Loose Firearm in the Commission of a Crime.
– The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered
as an aggravating circumstance: Provided, That if
the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which
is lower than that prescribed in the preceding section
for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of
the penalty for the crime charged: Provided, further,
That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other
special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’
etat, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted
coup d’ etat.
If the crime is committed by the person without
using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
SUMMARY:
Penalties
GR: The maximum penalty shall be imposed when the
use of a loose firearm is inherent in the commission
of a crime punishable under the Revised Penal Code
or other special laws.
XPNs: (PENALTY SHOULD BE WHICHEVER
IS HIGHER BETWEEN RPC/SPECIAL LAW
PENALTY AND PENALTY UNDER ILLEGAL
POSSESSION OF FIREARMS)
1) maximum penalty is lower than that prescribed
in the preceding section for illegal possession
of firearm - penalty for illegal possession of
firearm shall be imposed
2) maximum penalty which is equal to that
imposed under the preceding section for illegal
possession of firearms - penalty of prision
mayor in its minimum period shall be
imposed in addition to the penalty for the
crime punishable under the Revised Penal
Code or other special laws of which he/she
is found guilty
Other circumstances
1) If the violation of this Act is in furtherance
of, or incident to, or in connection with the
crime of rebellion of insurrection, or
attempted coup d’ etat - such violation shall
be absorbed as an element of the crime of
rebellion or insurrection, or attempted coup d’
etat.
2) If the crime is committed by the person
without using the loose firearm - the violation
of this Act shall be considered as a distinct
and separate offense.
Art. 295 makes no distinction as regards the
firearm used in making the intimidation to
commit robbery. Hence, the firearm may be
licensed or unlicensed. But the offense
committed should not be robbery with
homicide, robbery with rape, robbery with
intentional mutilation, or robbery with serious
physical injuries where the injured person
became insane, imbecile, impotent, or blind.
The robbery must be that defined and penalized
in any of paragraphs 3, 4 and 5 of Art. 294, and
committed on a street, road, highway or alley.
Article 297
Attempted and frustrated robbery committed under certain
circumstances. — When by reason or on occasion of
an attempted or frustrated robbery a homicide is
committed, the person guilty of such offenses shall
be punished by reclusion temporal in its maximum
period to reclusion perpetua, unless the homicide
committed shall deserve a higher penalty under the
provisions of this Code.
Attempted and frustrated robbery with homicide
 The penalty is the same, whether the robbery is
attempted or frustrated
 The term "homicide" is used in a generic sense
 If there is a higher penalty under the provisions
of the Code, then that penalty shall be imposed
 Attempted or frustrated robbery with homicide
is a special complex crime, not governed by
Art. 48, but by the special of Art 297.
Other circumstances
Circumstances
In an attempted or
frustrated robbery, the
killing of the victim is
qualified by treachery or
relationship
When there is no overt act
of robbery, but caused
physical injuries to the
victim and one victim is
dead
A, B, C and D agreed to
commit robbery. By their
agreement, A and B went
to the hut to watch the
inmates, while C and D
were to take away the
carabaos. While C and D
were untying the carabaos,
they heard the scream:
"Oh! save my life!" which
was interrupted by a pistol
shot by A. Fearing that the
shot might summon help,
the accused escaped
without taking the
carabaos, although one of
them had already been
untied.
When the offense
committed is attempted or
frustrated robbery with
serious physical injuries
Effect/applicable
provisions
The proper penalty for
MURDER (Art 248) or
PARRICIDE (Art 246)
shall be imposed because
it is more severe.
Article 297 is not
applicable. The offenses
committed are the
separate crimes of murder,
frustrated murder and
physical injuries.
All are liable for the crime
of ATTEMPTED
ROBBERY WITH
HOMICIDE BY A
BAND.
* Art. 296 is applicable to
attempted robbery with
homicide by a band.
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
Slight physical injuries
ATTEMPTED
were inflicted on other
ROBBERY WITH
persons on the occasion or HOMICIDE AND
by reason of the robbery,
SLIGHT PHYSICAL
one victim died
INJURIES (Art 297)
Article 298
Execution of deeds by means of violence or intimidation. Any person who, with intent to defraud another, by
means of violence or intimidation, shall compel him
to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery and
punished by the penalties respectively prescribed in
this Chapter.
Elements
1) That the offender has intent to defraud
another.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) That the offender compels him to sign,
execute, or deliver any public instrument or
document.
 This article applies even if the
document signed, executed or
delivered is a private or commercial
document.
 Art. 298 is not applicable if the
document is void.
3) That the compulsion is by means of violence
or intimidation.
Other circumstances
Circumstances
The violence used
resulted in the
death of the
person to be
defrauded
The execution of
deeds by means
of violence is only
in the attempted
or frustrated stage
and the violence
used resulted in
the death of the
person to be
defrauded
Effect/applicable provisions
ROBBERY WITH HOMICIDE
(Art 294, par 1)
ATTEMPTED/FRUSTRATED
ROBBERY WITH HOMICIDE
(Art 297)
Execution of deeds by Grave coercion
means of violence or
intimidation
Art 298
Art 286
There is violence or intimidation
There is intent to There is no intent to
defraud
defraud
There is no obligation to There is an obligation to
sign
sign and violence is used
in
compelling
the
offended party to sign or
deliver the document
There is intent to gain
There is no intent to gain
Section Two. - Robbery by the use of force upon
things
Robbery by the use of force upon things is committed
only when either:
1) the offender entered a house or building by any
of the means specified in Art. 299 or Art. 302,
or – WITH ENTRANCE (Art 299 (a)) (Art
302, par 1-3)
2) even if there was no entrance by any of those
means, he broke a wardrobe, chest, or any
other kind of locked or closed or sealed
furniture or receptacle in the house or building,
or he took it away to be broken or forced open
outside. – WITH OR WITHOUT
ENTRANCE (Art 299 (b)) (Art 302, par 45)
What are the two (2) kinds of robbery with force
upon things?
They are:
1) Robbery in an inhabited house or public
building or edifice devoted to religious
worship. (Art. 299)
2) Robbery in an uninhabited place or in a
private building. (Art. 302)
 One essential requisite of robbery with force
upon things under Articles 299 and 302 is that
the malefactor should enter the building or
dependency where the object to be taken is
found.
Article 299
Robbery in an inhabited house or public building or edifice
devoted to worship. - Any armed person who shall
commit robbery in an inhabited house or public
building or edifice devoted to religious worship, shall
be punished by reclusion temporal, if the value of the
property taken shall exceed Fifty thousand pesos
(₱50,000) [P50,000.05], and if—
a) The malefactors shall enter the house or building
in which the robbery was committed, by any of the
following means:
1) Through an opening not intended for entrance or
egress.
2) By breaking any wall, roof, or floor or breaking
any door or window.
3) By using false keys, picklocks or similar tools.
4) By using any fictitious name or pretending the
exercise of public authority.
Or if—
b) The robbery be committed under any of the
following circumstances:
1) By the breaking of doors, wardrobes, chests, or
any other kind of locked or sealed furniture or
receptacle.
2) By taking such furniture or objects away to be
broken or forced upon outside the place of the
robbery.
When the offenders do not carry arms, and the value
of the property taken exceeds Fifty thousand pesos
(₱50,000), the penalty next lower in degree [Prision
Mayor] shall be imposed.
The same rule [Prision Mayor] shall be applied when
the offenders are armed, but the value of the
property taken does not exceed Fifty thousand pesos
(₱50,000).
When said offenders do not carry arms and the value
of the property taken does not exceed Fifty
thousand pesos (₱50,000), they shall suffer the
penalty prescribed in the two (2) next preceding
paragraphs, in its minimum period. [Prision Mayor in
its minimum period]
If the robbery be committed in one of the
dependencies of an inhabited house, public building,
or building dedicated to religious worship, the
penalties next lower in degree than those prescribed
in this article shall be imposed.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION (A).
Elements
1) That the offender entered (a) an inhabited
place, or (b) public building, or (c) edifice
devoted to religious worship. (or other
dependencies)
 unlawful entry may be established by
circumstantial evidence
 The place entered must be a house or building,
not an automobile
 Inhabited house - is any shelter, ship or
vessel constituting the dwelling of one or
more persons even though the inhabitants
thereof are temporarily absent therefrom when
the robbery is committed – THE
DETERMINING FACTOR IS THE USE,
AND IT MUST BE FOR DWELLING
PURPOSES
 Dependencies - all interior courts, corrals,
waterhouses, granaries, barns, coach-houses,
stables or other departments or inclosed places
contiguous to the building or edifice, having an
interior entrance connected therewith, and
which form part of the whole
 Public building - is every building owned by
the Government or belonging to a private
person but used or rented by the Government,
although temporarily unoccupied by the same.
– THE DETERMINING FACTOR IS
WHETHER THE TITLE IS IN THE
NAME OF THE STATE
2) That the entrance was effected by any of the
following means:
a) Through an opening not
intended for entrance or
egress;
o The whole body of
culprit must be inside
the
building
to
constitute entering
b) By breaking any wall, roof, or
floor or breaking any door or
window;
o The force used in this
means must be actual,
as distinguished from
that in the other means
which
is
only
constructive force.
o The wall must be an
outside wall, XPN:
room is occupied by a
person as his separate
dwelling, the breaking
of its inside wall may
give rise to robbery.
c) By using false keys, picklocks
or similar tools; or
o Constructive force
o 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.
o Picklocks or similar
tools - are those
specially adopted to the
commission of the
crime of robbery
o The false key or
picklock must be used
to enter the building,
not for some other
purpose.
d) By using any fictitious name
or pretending the exercise of
public authority.
o Constructive force
o Using the fictitious
names or pretending
the exercise of public
authority must be the
efficient cause of the
opening
by
the
offended part of the
door of his house to
the accused
3) That once inside the building, the offender
took personal property belonging to another
with intent to gain.
Other circumstances
Circumstances
The offender merely
inserted his hand through
an opening in the wall or
used a pole through the
window
Where the manner of
entrance into the house
was not proven
The culprit had entered
the house through an
open door
The genuine key is taken
by force or intimidation
from the owner
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
THEFT (Art 308, 309,
310)
THEFT (Art 308, 309,
310)
ROBBERY WITH
INTIMIDATION OF
PERSON (Art 294, par
5)
ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION (B) OF ART. 299.
Elements
1) That the offender is inside a dwelling house,
public building, or edifice devoted to
religious worship, regardless of the
circumstances under which he entered it;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) That the offender takes personal property
belonging to another, with intent to gain,
under any of the following circumstances:
a) by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle; or
o Breaking the keyhole of the door of
a wardrobe, which is locked, is
breaking a locked furniture
b) by taking such furniture or objects away
to be broken or forced open outside the
place of the robbery.
o When sealed box or receptacle is
taken out of the house or building
for the purpose of breaking it
outside, it is not necessary that it is
actually opened
Other circumstances
Circumstances
The locked or sealed
receptacle is not forced
open in the building where
it is kept or taken
therefrom to be broken
outside
A locked receptacle is
found on the side of the
street and it is forcibly
opened and the contents
thereof are taken
Arm carried is used to
intimidate
PENALTIES
By ARMED person and
the value of property
taken EXCEEDS Fifty
thousand pesos
(₱50,000)
By UNARMED person
and the value of
property taken
EXCEEDS Fifty
thousand pesos
(₱50,000)
By ARMED person but
the value of property
taken DOES NOT
exceed Fifty thousand
pesos (₱50,000)
By UNARMED person
and the value of
property taken DOES
NOT exceed Fifty
thousand pesos
(₱50,000)
In a DEPENDENCY
of inhabited house,
public building, or
edifice devoted to
religious worship
Effect/applicable
provisions
THEFT (Art 308, 309,
310) or ESTAFA (Art
315)
THEFT (Art 308, 309,
310)
ROBBERY WITH
INTIMIDATION (Art
294, par 3)
RECLUSION
TEMPORAL
PRISION MAYOR
PRISION MAYOR
PRISION
MINIMUM
MAYOR
NEXT LOWER in degree
than those SPECIFIED
ABOVE
Article 300
Robbery in an uninhabited place and by a band. - The
robbery mentioned in the next preceding article, if
committed in an uninhabited place and by a band,
shall be punished by the maximum period of the
penalty provided therefor.
Qualified robbery in an inhabited house or public
building or edifice devoted to worship
 The two qualifications (uninhabited place and
by a band) must concur
 Must be alleged in the information to qualify
the offense
 The “uninhabited place” in this provision
means that the house, even if inhabited, must
be located in a place which is uninhabited
Qualified robbery in
an inhabited house or
public building or
edifice devoted to
worship
Art 300
Must be committed in
an uninhabited place
and a band
Qualified robbery with
violence or
intimidation
Art 295
Must be committed in
an uninhabited place or
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.
All interior courts, corrals, waterhouses, granaries,
barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice,
having an interior entrance connected therewith, and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public building
or building dedicated to religious worship.
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.
The term "public building" includes every building
owned by the Government or belonging to a private
person but used or rented by the Government,
although temporarily unoccupied by the same.
Definition of terms in relation to robbery
 The place is still inhabited house even if the
occupant was absent (“inhabited” refers to
the USE)
 Requisites of dependencies
1) Must be contiguous (sharing the same borders) to
the building;
2) Must have an interior entrance connected
therewith;
3) Must form part of the whole.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Orchards and other lands used for
cultivation or production are not
included in the term "dependencies."
Article 302
Robbery in an uninhabited place or in a private building. Any robbery committed in an uninhabited place or
in a building other than those mentioned in the first
paragraph of Article 299, if the value of the property
taken exceeds Fifty thousand pesos (₱50,000), shall
be punished by prisión correccional in its medium and
maximum periods provided that any of the
following circumstances is present:
1) If the entrance has been effected through
any opening not intended for entrance or
egress.
2) If any wall, roof, floor or outside door or
window has been broken.
3) If the entrance has been effected through the
use of false keys, picklocks or other similar
tools.
4) If any door, wardrobe, chest, or any sealed
or closed furniture or receptacle has been
broken.
5) If any closed or sealed receptacle, as
mentioned in the preceding paragraph, has
been removed, even if the same be broken
open elsewhere.
When the value of the property taken does not
exceed Fifty thousand pesos (₱50,000), the penalty
next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299,
300, and 302 of this Code, when the property taken
is mail matter or large cattle, the offender shall suffer
the penalties next higher in degree than those
provided in said articles.
Elements
1) That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
not an edifice devoted to religious worship.
 Uninhabited place - is an uninhabited
building which is not an inhabited
house or public building or edifice
devoted to religious worship
 Building - includes any kind of
structure used for storage or
safekeeping of personal property, such
as (a) freight car and (b) warehouse.
 Unnailing of cloth over door of freight
car is, breaking by force
 Breaking padlock is use of force upon
things
 Motor vehicle, coconuts and fish are
not included
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.
 this kind of robbery requires at least an
intention to open it by force
3) That with intent to gain, the offender took
therefrom personal property belonging to
another.
Robbery in an
uninhabited place or
in a private building
Art 302
Does not include use of
fictitious name or
pretending the exercise
of public authority
Robbery in an
inhabited house or
public building or
edifice devoted to
worship
Art 299
Includes use of fictitious
name or pretending the
exercise of public
authority
*place is uninhabited
and no person could be
deceived thereby
Penalty is based only on
value of the property*
taken
Penalty is based on arms
and value of the
property taken
* for the reason that
there is no person who
can be injured or killed
The furniture or
receptacle is "sealed or
closed."
The furniture or
receptacle is "locked or
closed."
Other circumstances
Circumstances
A person, who had
entered a warehouse,
opened without breaking,
a closed but not locked
chest and took therefrom
personal property
When the property taken
is mail matter
Theft or robbery of large
cattle*
*Large cattle as herein
used shall include the cow,
carabao, horse, mule, ass,
or other domesticated
member of the bovine
family (sheeps are included
in the caprine family)
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
Makes the penalty
HIGHER BY ONE
DEGREE
Anti-Cattle Rustling* Law
of 1974 (PD 533)
Cattle rustling - is the
taking away by any means,
method or scheme,
without the consent of the
owner/raiser, of any of the
domesticated member of
bovine animals whether or
not for profit or gain, or
whether committed with
or without violence against
or intimidation of any
The Revised Penal Code | VENTEROSO | 144
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
person or force upon
things. It includes the
killing of large cattle, or
taking its meat or hide
without the consent of the
owner/raiser.
Robbery in a store — when punishable under Art.
299 or under Art. 302.
1) If the store is used as a dwelling of one or
more persons, the robbery committed therein
would be considered as committed in an
inhabited house under Art. 299.
2) If the store was not actually occupied at the
time of the robbery and was not used as a
dwelling, since the owner lived in a separate
house, the robbery committed therein is
punished under Art. 302
3) If the store is located on the ground floor of
the house belonging to the owner of the store,
having an interior entrance connected
therewith, it is a dependency of an inhabited
house and the robbery committed therein is
punished under the last paragraph of Art.
299.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
Elements of illegal possession of picklocks or
similar tools
1) That the offender has in his possession
picklocks or similar tools.
 Actual use of picklocks or similar
tools, not necessary in illegal
possession thereof
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.
Liability of a locksmith
1) If the person who makes such tools is a
locksmith – PENALTY IS HIGHER
2) If he is not a locksmith – PENALTY IS THE
SAME AS THAT OF A MERE
POSSESSOR
Article 303
Robbery of cereals, fruits, or firewood in an uninhabited place
or private building. - In the cases enumerated in Articles
299 and 302, when the robbery consists in the taking
of cereals, fruits, or firewood, the culprit shall suffer
the penalty next lower in degree than that prescribed
in said articles.
Other circumstances
Circumstances
Robbery is committed by
the use of force upon
things, without violence
against or intimidation of
any person
There is no showing that
the same was kept by the
owner as "seedling" or
taken for that purpose by
the robbers
Effect/applicable
provisions
ROBBERY WITH
VIOLENCE AGAINST
OR INTIMIDATION
OF PERSONS (Art 294)
ROBBERY IN AN
UNINHABITED
PLACE OR PRIVATE
BUILDING (Art 302)
Coverage
1) Cereals – Cereals are seedlings which are the
immediate product of the soil “seedlings”
 The palay must be kept by the owner
as "seedling" or taken for that purpose
by the robbers
2) Fruits
3) Firewood
Article 304
Possession of picklocks or similar tools. - Any person who
shall without lawful cause have in his possession
picklocks or similar tools especially adopted to the
commission of the crime of robbery, shall be
punished by arresto mayor in its maximum period to
prision correccional in its minimum period.
Article 305
False keys. - The term "false keys" shall be deemed to
include:
1) The tools 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.
Other circumstances
Circumstances
Possession of genuine
keys stolen from the
owner and any keys other
than those intended by the
owner for use in the lock
forcibly opened by the
offender.
The key was entrusted to
the accused and it was
used to open the door.
Once inside, the accused
took personal belongings.
Effect/applicable
provisions
NOT PUNISHABLE
THEFT (Art 308, 309,
310)
CHAPTER TWO BRIGANDAGE
Brigandage - is a crime committed by more than
three armed persons who form a band of robbers for
the purpose of committing robbery in the highway or
kidnapping persons for the purpose of extortion or to
obtain ransom, or for any other purpose to be attained
by means of force and violence.
Brigands
Number of persons
More than 3 armed
The Revised Penal Code | VENTEROSO | 145
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Syndicate
The number will depend
on the specific
provisions
Band
More than 3
Tumultuous in character More than 3 armed
Article 306
Who are brigands; Penalty. - When more than three (3)
armed persons [at least 4] form a band of robbers
for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other
purpose to be attained by means of force and
violence, they shall be deemed highway robbers or
brigands.
Persons found guilty of this offense shall be
punished by prision mayor in its medium period to
reclusion temporal in its minimum period if the act or
acts committed by them are not punishable by
higher penalties, in which case, they shall suffer such
high penalties.
If any of the arms carried by any of said persons be
an unlicensed firearms, it shall be presumed that said
persons are highway robbers or brigands, and in case
of convictions the penalty shall be imposed in the
maximum period.
Elements of brigandage
There is brigandage when —
1) There be at least four (4) armed persons.
2) They formed a band of robbers.
 Band of dissidents does not form a
band of robbers
3) The purpose is any of the following:
 The existence of any of the purposes
mentioned in Art. 306 is sufficient
 If the act or acts committed by them
(brigands) are punishable by higher
penalties in which case, they shall
suffer such high penalties
a) To commit robbery in the highway; or
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
c) To attain by means of force and violence any
other purpose.
Presumption of law as to brigandage — all are
presumed highway robbers or brigands, if any of
them carries unlicensed firearm.
Brigandage
Robbery in a band
Art 306
Art 295, 300
Offenders form a band of robbers
The purpose of the The purpose of the
offenders is any of the offenders is only to
following:
commit robbery, not
1) to commit
necessarily in the
robbery in the
highway
highway, or
2) to kidnap
persons for the
purpose of
extortion or to
obtain ransom,
or
3) for any other
purpose to be
attained by
means of force
and violence
The mere formation of
a band for any of the
purposes mentioned in
the law is sufficient, as
it would not be
necessary to show that
the band actually
committed robbery in
the highway
It is necessary to prove
that the band actually
committed robbery, as a
mere conspiracy to
commit robbery is not
punishable
Article 307
Aiding and abetting a band of brigands. - Any person
knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the
next preceding article, or giving them information of
the movements of the police or other peace officers
of the Government (or of the forces of the United
States Army), when the latter are acting in aid of the
Government, or acquiring or receiving the property
taken by such brigands shall be punished by prision
correccional in its medium period to prision mayor in its
minimum period.
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.
Elements
1) That there is a band of brigands.
2) That the offender knows the band to be of
brigands.
 Any person who aids or protects
highway robbers or abets the
commission of highway robbery or
brigandage shall be considered as an
accomplice.
3) That the offender does any of the following
acts:
 It shall be presumed that any person
who does any of the acts provided in
this Section has performed them
knowingly, unless the contrary is
proven
a) He in any manner aids, abets or protects
such band of brigands;
b) He gives them information of the
movements of the police or other peace
officers of the Government; or
c) He acquires or receives the property
taken by such brigands.
PD 532
ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974
The Revised Penal Code | VENTEROSO | 146
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 PD 532 modifies Art 306 and 307 on
brigandage
Section 2. Definition of Terms. The following terms shall
mean and be understood, as follows:
a. Philippine Waters. It 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 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.
b. Vessel. Any vessel or watercraft used for transport
of passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds and
types of vessels or boats used in fishing.
c. Philippine Highway. It shall 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.
d. 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. The offenders shall be
considered as pirates and punished as hereinafter
provided.
e. Highway Robbery/Brigandage. The 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 person
or force upon things of other unlawful means,
committed by any person on any Philippine Highway.
Brigandage
Art 306
Indiscriminate
Robbery in general
Art 294, 299, 302
Purpose is only for a
particular robbery
CHAPTER THREE THEFT
Article 308
Who are liable for theft. - Theft is committed by any
person who, with intent to gain but without violence
against or intimidation of persons nor force upon
things, shall take personal property of another
without the latter's consent.
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;
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; and
3) Any person who shall enter an inclosed
estate or a field where trespass is forbidden
or which belongs to another and without the
consent of its owner, shall hunt or fish upon
the same or shall gather cereals, or other
forest or farm products.
The following are liable for theft:
a) Those who, (a) with intent to gain, (b) but
without violence against or intimidation of
persons nor force upon things, (c) take, (d)
personal property, (e) of another, (f) without
the latter's consent.
b) Those who, (a) having found lost property,
(b) fail to deliver the same to the local
authorities or to its owner.
 “Lost” is generic in nature and
embraces loss by stealing or by any act
 Delay in the delivery of lost property
to the local authorities is immaterial
 The law does not require knowledge of
the owner of the lost property
 Finder of hidden treasure who
misappropriated the share pertaining
to the owner of the property is guilty
of theft as regards that share.
 How to prove this kind of theft.
It is necessary to prove:
 The time of the seizure of the thing;
 That it was a lost property belonging
to another; and
 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.
Finder in law
An officer of the law
whom a lost item is
surrendered
or
turned over
Finder in fact
A person who finds
a lost item. The
finder in fact has an
obligation to deliver
the property to the
owner if known,
otherwise, surrender
the property to the
authorities
c) Those who, (a) after having maliciously
damaged the property of another, (b) remove
or make use of the fruits or object of the
damage caused by them.
d) Those who (a) enter an inclosed estate or a field
where (b) trespass is forbidden or which
belongs to another and, without the consent of
its owner, (c) hunt or fish upon the same or
The Revised Penal Code | VENTEROSO | 147
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
gather fruits, cereals or other forest or farm
products.
Elements of theft
1) That there be taking of personal property.
 Theft is consummated when the
culprits were able to take possession
of the thing taken by them.
Asportation (taking away or carrying
away) is not necessary.
 The ability of the offender to freely
dispose of the property stolen is not
a constitutive element of the crime
of theft.
 The deprivation from the owner alone
has already ensued from such acts of
execution – THERE IS NO
FRUSTRATED THEFT
 There is "taking" even if the offender
received the thing from the offended
party, if an act done thereafter results
in an unlawful taking
2) That said property belongs to another.
 The offender must have the intention
of making himself the owner of the
thing taken
 Excludes properties held in common
3) That the taking be done with intent to gain.
 Satisfaction and pleasure derived from
the act of giving to another what had
been stolen is a real gain
 It also means the benefit which in any
other use may be derived or expected
from the act which is performed
 Actual or real gain is not necessary
4) That the taking be done without the consent
of the owner.
 Refers to consent freely given and not
to one which may only be inferred
from mere lack of opposition
 Even if the owner knew the taking, but
he did not consent to it, the accused is
still liable for theft
5) That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things.
 The violence or intimidation must not
be entirely foreign to the act of taking
Theft
Art 308, 309, 310
The offender does not
use violence or
intimidation or does
not enter a house or
building through any
of the means specified
in Article 299 or
Article 302
Other circumstances
Robbery
Art 294, 299, 302
The offender uses
violence or
intimidation or enters
a house or building
through any of the
means specified in
Article 299 or Article
302
Circumstances
The accused received the
thing from another person
in trust or on commission,
or for administration, or
under a quasi-contract or a
contract of bailment, and
later misappropriated or
converted the thing to the
prejudice of another
Taking of a dishonored
check
Before the measuring or
weighing, a part of the
goods covered by the
contract is taken by the
purchaser, without the
consent of the vendor
A person takes personal
property from another
believing it to be his own
The violence or
intimidation after the
taking
When the violence used
resulted in homicide, rape,
intentional mutilation, or
serious physical injuries
defined in paragraphs 1
and 2 of Art. 263.
Force upon things but it is
not employed to enter a
building
A furniture, chest, or other
locked or sealed receptacle
is broken in the house or
building or taken
therefrom and broken
outside
Fishing in the fishpond
within the field or estate
Effect/applicable
provisions
ESTAFA (Art 315)
*under any of those
transactions, the
juridical possession of
the thing is transferred
to the offender
IMPOSSIBLE CRIME
(Art 59)
THEFT (Art 308, 309,
310)
The presumption of intent
to gain is rebutted and,
therefore, he is NOT
GUILTY OF THEFT
THEFT (Art 308, 309,
310)
SPECIAL COMPLEX
ROBBERY (Art 294)
THEFT (Art 308, 309,
310)
ROBBERY WITH
FORCE UPON
THINGS (Art 299, 302)
QUALIFIED THEFT
(Art 310)
Presumption as to possession of stolen property
Rule: When a person has in possession, part of the
recently stolen property, he is presumed to be the thief
of all, in the absence of satisfactory explanation of his
possession
 Applies only to recently stolen effects
 Applies only when all the goods were
lost at the same time, in the same place,
and on the same occasion.
PD No. 534
DEFINING ILLEGAL FISHING AND
PRESCRIBING STIFFER PENALTIES
THEREFOR
Section 1. Definition of Terms.
a) Philippine Waters. include all bodies of
water within Philippine Territory, such as
rivers, streams, creeks, brooks, ponds, swamps,
lagoons, gulfs, bays and seas and other bodies
of water now existing, or which may hereafter
exist in the provinces, cities, municipalities,
municipal districts, and barrios; and the sea or
fresh water around, between and connecting
The Revised Penal Code | VENTEROSO | 148
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
b)
c)
d)
e)
each of the islands of the Philippine
Archipelago, irrespective of its depth, breadth,
length and dimension, and all other waters
belonging to the Philippines by historic or legal
title, including the territorial sea, the seabed,
the insular shelves and other submarine areas
over which the Philippines has sovereignty or
jurisdiction.
Fish and Fishery/Aquatic Products. fish
includes all fishes and other aquatic animals
such as crustaceans (crabs, prawns, shrimps
and lobsters), mollusks (clams, mussels,
scallops, oysters, snails and other shellfish).
Fishery/aquatic products include all products
of aquatic resources in any form.
Fishing with the use of Explosives. means
the use of dynamite, other explosives, or
chemical compound that contain combustible
elements or ingredients that, upon ignition by
friction, concussion, percussion, or detonation
of all or parts of the compound, kill, stupefy,
disable or render unconscious any fish or
fishery/aquatic product. It shall also refer to
the use of any other substance and/or device
that causes explosion capable of producing the
said harmful effects on fish or fishery/aquatic
products.
Fishing with the use of Obnoxious or
Poisonous Substance. means the use of any
substance or chemical, whether in raw or
processed form, harmful or harmless, which
kill, stupefy, disable, or render unconscious fish
or fishery/aquatic products.
Electro-fishing. means the use of electricity
generated by dry cell batteries, electric
generators or other source of electric power to
kill, stupefy, disable or render unconscious fish
or fishery/aquatic products. It shall include the
use of rays or beams of whatever nature, form
or source of power.
Section 2. Prohibition. It shall be unlawful for any
person to catch, take or gather or caused 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: Provided, that the Secretary of Natural
Resources may, subject to such safeguards and
conditions he deems necessary, allow for research,
educational or scientific purposes only the use of
explosives, obnoxious or poisonous substances or
electricity to catch, take or gather fish or
fishery/aquatic products in specified areas.
PD NO. 581
PRESCRIBING A HEAVIER MINIMUM
PENALTY FOR HIGHGRADING OR
THEFT OF GOLD FROM A MINING
CLAIM OR MINING CAMP
Section 1. 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 contents thereof,
without the consent of the operator of the mining
claim, shall be guilty of "highgrading" or theft of gold
and shall suffer a penalty of prision correccional in its
minimum period, but if the accused is an employee or
laborer of the operator of the mining claim, the penalty
shall be prision correccional in medium period without
prejudice to the imposition of the higher penalties
provided in Article 309 of the Revised Penal Code if
the value of the goods stolen so warrants. The penalty
next lower in degree than that prescribed hereinabove
shall be imposed if the offense is frustrated, and the
penalty two degrees lower if the offense is attempted.
Section 2. The 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.
Section 3. Any person who knowingly buys or
acquires stolen gold-bearing ore or rocks or the gold
extracted or removed therefrom shall be guilty of theft
as an accessory and penalized with arresto mayor in its
maximum period.
PD No. 401
PENALIZING THE UNAUTHORIZED
INSTALLATION OF WATER,
ELECTRICAL OR TELEPHONE
CONNECTIONS, THE USE OF
TAMPERED WATER OR ELECTRICAL
METERS, AND OTHER ACTS
Presidential Decree No. 401, which took effect
on March 1, 1974, punishes with prision correccional in its
minimum period or a fine ranging from P2.000 to
P6.000, or both, the unauthorized installation of water,
electrical or telephone connections, the use of
tampered water or electrical meters to steal water or
electricity, the stealing or pilfering of water and/or
electrical meters, electric and/or telephone wires, and
knowingly possessing stolen or pilfered water and or
electrical meters, and stolen or pilfered electric and/or
telephone wires.
Theft of electricity can be effected even without illegal
or unauthorized installations of any kind by, for
instance, 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 of rotary blades to slow
down rotation of the same
The Revised Penal Code | VENTEROSO | 149
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
On determining jurisdiction: Theft is not a
continuing offense.
The American rule that larceny is a continuing offense
does not apply to theft because "carrying away,"
which is one of the characteristics of larceny, is not an
essential ingredient of theft.
Article 309
Penalties. - Any person guilty of theft shall be
punished by:
1) The penalty of prisión mayor in its minimum
and medium periods, if the value of the thing
stolen is more than One million two
hundred thousand pesos (₱1,200,000) but
does not exceed Two million two hundred
thousand pesos (₱2,200,000); but if the value
of the thing stolen exceeds the latter amount,
the penalty shall be the maximum period of
the one prescribed in this paragraph, and one
(1) year for each additional One million
pesos (₱1,000,000), but the total of the
penalty which may be imposed shall not
exceed twenty (20) years. In such cases, and
in connection with the accessory penalties
which may be imposed and for the purpose
of the other provisions of this Code, the
penalty shall be termed prisión mayor or
reclusion temporal, as the case may be.
2) The penalty of prisión correccional in its
medium and maximum periods, if the value
of the thing stolen is more than Six hundred
thousand pesos (₱600,000) but does not
exceed One million two hundred thousand
pesos (₱1,200,000).
3) The penalty of prisión correccional in its
minimum and medium periods, if the value
of the property stolen is more than Twenty
thousand pesos (₱20,000) but does not
exceed Six hundred thousand pesos
(₱600,000).
4) Arresto mayor in its medium period to prisión
correccional in its minimum period, if the
value of the property stolen is over Five
thousand pesos (₱5,000) but does not
exceed Twenty thousand pesos (₱20,000).
5) Arresto mayor to its full extent, if such value is
over Five hundred pesos (₱500) but does
not exceed Five thousand pesos (₱5,000).
6) Arresto mayor in its minimum and medium
periods, if such value does not exceed Five
hundred pesos (₱500).
7) Arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000), if the theft is
committed under the circumstances
enumerated in paragraph 3 of the next
preceding article and the value of the thing
stolen does not exceed Five hundred pesos
(₱500). If such value exceeds said amount,
the provisions of any of the five preceding
subdivisions shall be made applicable.
8) Arresto menor in its minimum period or a fine
of not exceeding Five thousand pesos
(₱5,000), when the value of the thing stolen
is not over Five hundred pesos (₱500), and
the offender shall have acted under the
impulse of hunger, poverty, or the difficulty
of earning a livelihood for the support of
himself or his family.
Basis of penalty in theft
1) the value of the thing stolen, and in some cases
2) the value and also the nature of the property
taken, or
3) the circumstances or causes that impelled
the culprit to commit the crime.
Other circumstances
Circumstances
When there is no evidence
of value of property stolen
Effect/applicable
provisions
The courts may either
apply the minimum
penalty under Article 309
or fix the value of the
property based on the
attendant circumstances of
the case
Article 310
Qualified theft. - The crime of theft shall be punished
by the penalties next higher by two degrees than
those respectively specified in the next preceding
article, if committed by a domestic servant, or with
grave abuse of confidence, or if the property stolen
is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the
plantation or fish taken from a fishpond or fishery,
or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
Qualifying circumstances
1) If the theft is committed by a domestic
servant.
 It is not necessary to show that he
committed the crime with grave abuse
of confidence
2) If the theft is committed with grave abuse of
confidence.
 There must be allegation in the
information and proof of a relation,
by reason of dependence, guardianship
or vigilance, between the accused and
the offended party, that has created a
high degree of confidence between
them, which the accused abused
 Theft by housemate is not always
qualified, because while this fact
constitutes a certain abuse of
confidence, since living together under
the same roof engenders some
confidence, it is not necessarily grave
 The confidence being abused must be
that existing between the offender and
the offended party
PD No. 133
The Revised Penal Code | VENTEROSO | 150
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
PRESCRIBING A HEAVY PENALTY FOR
THE THEFT OF ANY MATERIAL, SPARE
PART, PRODUCT OR ARTICLE BY
EMPLOYEES AND LABORERS
Any employee or laborer who shall steal any material,
spare part, product or article that he is working on,
using or producing shall, upon conviction, be
punished with imprisonment ranging from prision
correccional to prision mayor.
3) If the property stolen is a (a) motor vehicle,
(b) mail matter, or (c) large cattle.
 The fact that the subject is mail matter,
it makes the theft qualified regardless
of whether the offender is a postal
employee or a private individual.
 For large cattle, the animal must be
taken alive
PD No. 533
THE ANTI-CATTLE RUSTLING LAW OF
1974
 Amended RPC with recpect to offense of
theft of large cattle
Section 2. Definition of terms. The following terms shall
mean and be understood to be as herein defined:
a) Large cattle as herein used shall include the
cow, carabao, horse, mule, ass, or other
domesticated member of the bovine family.
 Sheeps belong to the caprine family
b) Owner/raiser shall include the herdsman,
caretaker, employee or tenant of any firm or
entity engaged in the raising of large cattle or
other persons in lawful possession of such
large cattle.
c) Cattle rustling is the taking away by any
means, method or scheme, without the
consent of the owner/raiser, of any of the
above-mentioned animals whether or not for
profit or gain, or whether committed with
or without violence against or intimidation
of any person or force upon things. It
includes the killing of large cattle, or taking its
meat or hide without the consent of the
owner/raiser.
Section 7. Presumption of cattle rustling. Every person
having in his possession, control or custody of large
cattle shall, upon demand by competent authorities,
exhibit the documents prescribed in the preceding
sections. Failure to exhibit the required documents
shall be prima facie evidence that the large cattle
in his possession, control or custody are the fruits
of the crime of cattle rustling.
Elements
1) A large cattle is taken
2) It belongs to another
3) The taking is done without the consent of the
owner
4) The taking is done by any means, method or
scheme
5) The taking is accomplished with or without
intent to gain
6) The taking is accomplished with or without
violence or intimidation against person or force
upon things
Penalty
 Should be irrespective of the value of
the large cattle involved
 Without
violent
against
or
intimidation of persons or force
upon things – Prision mayor in its
maximum period to reclusion temporal in
its medium period
 With violent against or intimidation
of persons or force upon things –
Reclusion temporal in its maximum period
to reclusion perpetua
4) If the property stolen consists of coconuts
taken from the premises of a plantation.
 Whether still in the tree or deposited in the
ground
5) If the property stolen is fish taken from a
fishpond or fishery.
 The term "fish" includes not only the fishes
proper but also many other aquatic animals
like crabs, prawns, shrimps, lobsters, clams,
mussels, scallops, snails, oysters, and other
mollusks or shell fish.
6) If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or
civil disturbance.
Other circumstances
Circumstances
Theft by a housemate
Mere theft by laborer*
Theft by one who had
access to the place
An industrial partner*
who sells personal
property acquired with
funds supplied by the
capitalist partner, and who
is responsible therefor in
case of loss, has, in legal
contemplation
Theft of mail matter by a
postmaster
Effect/applicable
provisions
SIMPLE THEFT (Art
308, 309) Not always
qualified since the abuse
of confidence is not grave
SIMPLE THEFT (Art
308, 309)
* does not suffice to create
the relation of confidence
and intimacy that the law
requires
QUALIFIED THEFT
(Art 310) and not estafa
ESTAFA (Art 315)
*has material and juridical
possession
REMOVAL,
CONCEALMENT OR
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Killing a cow on the spot
The offender, in killing the
cow of another, acted with
hatred or revenge against
the owner thereof
DESTRUCTION OF
DOCUMENTS (Art
226)
SIMPLE THEFT (Art
308, 309)
MALICIOUS
MISCHIEF (Art 329)
PD 705
REVISED FORESTRY LAW
 There are two distinct and separate offenses
punished under Section 68, to wit:
1) Cutting, gathering, collecting and
removing timber or other forest
products from any forest land, or
timber from alienable or disposable
public land, or from private land
without any authority
2) Possession of timber or other
forest products without the legal
documents required under existing
forest laws and regulations
 Mere possession of forest products
consummates the crime
PD 330
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST
RESERVES AS QUALIFIED THEFT
Section 1. 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 forests, whether under license or lease, or
from any privately owned forest lands in violation of
existing laws, rules and regulation shall be guilty of the
crime of qualified theft as defined and penalized under
Articles 308, 309 and 310 of the Revised Penal Code;
Provided, That if the offender is a corporation, firm,
partnership or association, the penalty shall be
imposed upon the guilty officer or officers, as the
case may be, of the corporation, firm, partnership or
association, and if such guilty officer or officers are
aliens, in addition to the penalty herein prescribed, he
or they shall be deported without further
proceedings on the part of the Commissioned of
Immigration and Deportation.
PD No. 1612
ANTI-FENCING LAW OF 1979
Section 2. Definition of Terms. The following terms shall
mean as follows:
(a) "Fencing" is the act of any person who, with
intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of
value which he knows, or should be known to him, to
have been derived from the proceeds of the crime
of robbery or theft.
(b) "Fence" includes any person, firm, association
corporation or partnership or other organization
who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall
be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the
property involved is more than 12,000 pesos but not
exceeding 22,000 pesos; if the value of such property
exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos;
but the total penalty which may be imposed shall
not exceed twenty (20) years. In such cases, the
penalty shall be termed reclusion temporal and the
accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and
maximum periods, if the value of the property robbed
or stolen is more than 6,000 pesos but not
exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and
medium periods, if the value of the property involved
is more than 200 pesos but not exceeding 6,000
pesos.
(d) The penalty of arresto mayor in its medium period to
prision correccional in its minimum period, if the value of
the property involved is over 50 pesos but not
exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if
such value is over five (5) pesos but not exceeding
50 pesos.
(f) The penalty of arresto mayor in its minimum period if
such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the
fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof
who knows or should have known the commission
of the offense shall be liable.
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. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of
any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier
thereof, 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. The Chief
of Constabulary/Director General, Integrated
National Police shall promulgate such rules and
regulations to carry out the provisions of this section.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated
thereunder shall upon conviction be punished as a
fence.
addition to the penalty incurred for the acts of
violence executed by him, shall be punished by a fine
from fifty (50) to one hundred (100) per centum of
the gain which he shall have obtained, but not less
than Fifteen thousand pesos (₱15,000).
Elements
1) The crime of robbery or theft has been
committed.
2) The accused, who is not a principal or
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses,
keeps, acquires, conceals, sells or disposes,
or buys and sells, or in any manner deals in
any article, item, object or anything of
value, which has been derived from the
proceeds of the said crime.
3) The accused knows or should have known
that the said article, item, object or anything of
value has been derived from the proceeds of
the crime of robbery or theft.
4) There is, on the part of the accused, intent to
gain for himself or another.
If the value of the gain cannot be ascertained, a fine
from Forty thousand pesos (₱40,000) to One
hundred thousand pesos (₱100,000) shall be
imposed.
Article. 311
Theft of the property of the National Library and National
Museum — If the property stolen be any property of
the National Museum, the penalty shall be arresto
mayor or a fine ranging from Forty thousand pesos
(₱40,000) to One hundred thousand pesos
(₱100,000), or both, unless a higher penalty should
be provided under other provisions of this Code, in
which case, the offender shall be punished by such
higher penalty.
Fixed penalty regardless of its value
While the penalty for theft of other property depends
on the value of the property taken, under this article,
the penalty is fix without regard to the value of the
property of the National Library or National
Museum.
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 other provisions of
this Code."
CHAPTER FOUR USURPATION
What are the crimes under usurpation?
1) Occupation of real property or usurpation of
real rights in property. (Art 312)
2) Altering boundaries or landmarks. (Art 313)
Article. 312
Occupation of real property or usurpation of real rights in
property. - Any person who, by means of violence
against or intimidation of persons, shall take
possession of any real property or shall usurp any
real rights in property belonging to another, in
Acts punishable under Art 312
1) By taking possession of any real
belonging to another by means of
against or intimidation of persons.
2) By usurping any real rights in
belonging to another by means of
against or intimidation of persons.
property
violence
property
violence
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 rights in
property.
 Violence or intimidation must be the means
used in occupying real property or usurping
real right belonging to another
4) That there is intent to gain.
Other circumstances
Circumstances
Defendant has shown that
he was the owner of the
land in question in taking
possession the defendant
used violence or
intimidation
The accused took
possession of the land of
the offended party
through other means,
such as strategy or stealth,
during the absence of the
owner or of the person in
charge of the property
Open defiance of the
writ of execution issued
in the forcible entry case
The offender who may
have inflicted physical
injuries in executing acts
of violence
Effect/applicable
provisions
GRAVE COERCION
(Art 286)
ONLY CIVIL
LIABILITY
CONTEMPT OF
COURT
Penalty for PHYSICAL
INJURIES (Art 263, 265,
266) in addition to the
fines
Occupation of real
Theft/Robbery
property or usurpation
of real rights in
property
Art 294, 299, 302, 308,
Art 312
309, 310
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Occupation or
usurpation
Real property or real
rights
There is intent to gain
Taking or asportation
Personal property
REPUBLIC ACT NO. 947
AN ACT MAKING IT UNLAWFUL FOR ANY
PERSON, CORPORATION OR ASSOCIATION
TO FORCIBLY ENTER OR OCCUPY PUBLIC
AGRICULTURAL LANDS AND PENALIZING
VIOLATIONS THEREOF
SECTION 1. It shall be unlawful for any person,
corporation or association to enter or occupy,
through force, intimidation, threat, strategy or
stealth, any public agricultural land including such
public lands as are granted to private individuals
under the provisions of the Public Land Act or any
other laws providing for the disposal of public
agricultural lands in the Philippines, and are duly
covered by the corresponding applications
required for the purpose notwithstanding the fact
that title thereto still remains in the Government;
or for any person natural or juridical, to instigate,
induce or force another to commit such acts.
SECTION 3. Any violation of the provisions of this
Act shall be punished by a fine of not exceeding one
thousand pesos or imprisonment for not more than
one year, or by both such fine and imprisonment in the
discretion of the court. In case of insolvency, the
offender shall suffer subsidiary imprisonment to be
computed in accordance with the provisions of the
Revised Penal Code.
Article 313
Altering boundaries or landmarks. - Any person who
shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same,
shall be punished by arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000), or
both.
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.
 Mere alteration of the boundary marks or
monuments intended to designate the
boundaries of towns, provinces or estate is
punishable.
 Any alteration of boundary marks is enough to
constitute the material element of the crime.
CHAPTER FIVE CULPABLE
INSOLVENCY
Article 314
Fraudulent insolvency. - Any person who shall abscond
with his property to the prejudice of his creditors,
shall suffer the penalty of prision mayor, if he be a
merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium
period, if he be not a merchant.
Elements
1) That the offender is a debtor; that is, he has
obligations due and payable.
 Being a merchant is not an element of
this offense, but of a qualifying
circumstance
2) That he absconds with his property.
 Property may be real or personal
3) That there be prejudice to his creditors.
 Actual prejudice, not intention alone, is
required
 Prejudice must be to the creditors
Fraudulent insolvency
No insolvency
proceedings necessary.
It is not necessary that
the defendant should
have been adjudged
bankrupt or insolvent
Insolvency Law
Criminal act should
have been committed
after the institution of
insolvency proceedings
CHAPTER SIX SWINDLING AND
OTHER DECEITS
Article 315
Swindling (estafa). - Any person who shall defraud
another by any of the means mentioned hereinbelow
shall be punished by:
1st. The penalty of prisión correccional in its maximum
period to prisión mayor in its minimum period, if the
amount of the fraud is over Two million four
hundred thousand pesos (₱2,400,000) but does not
exceed Four million four hundred thousand pesos
(₱4,400,000), and if such amount exceeds the latter
sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for
each additional Two million pesos (₱2,000,000); but
the total penalty which may be imposed shall not
exceed twenty (20) years. In such cases, and in
connection with the accessory penalties which may
be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
prisión mayor or reclusion temporal, as the case may be.
2nd. The penalty of prisión correccional in its minimum
and medium periods, if the amount of the fraud is
over One million two hundred thousand pesos
(₱1,200,000) but does not exceed Two million four
hundred thousand pesos (₱2,400,000).
3rd. The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period, if
such amount is over Forty thousand pesos (₱40,000)
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
but does not exceed One million two hundred
thousand pesos (₱1,200,000).
4th. By arresto mayor in its medium and maximum
periods, if such amount does not exceed Forty
thousand pesos (₱40,000): Provided, That in the
four cases mentioned, the fraud be committed by
any of the following means:
1) With unfaithfulness or abuse of confidence,
namely:
(a) Altering the substance, quantity, or quality of
anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration.
(b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other
personal property 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, even though such
obligation be totally or partially guaranteed by a
bond; or by denying having received such money,
goods, or other property.
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any
document above such signature in blank, to the
prejudice of the offended party or any third person.
2) By means of any of the following false pretenses
or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to
possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for
calumny which the offended party may deem proper
to bring against the offender. In this case, the
offender shall be punished by the maximum period
of the penalty.
(d) By postdating a check, or issuing a check in
payment of an obligation 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 failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or
the payee or holder that said check has been
dishonored for lack or insufficiency of funds shall be
prima facie evidence of deceit constituting false
pretense or fraudulent act.
Any person who shall defraud another by means of
false pretenses or fraudulent acts as defined in
paragraph 2(d) hereof shall be punished by:
1st. The penalty of reclusion temporal in its
maximum period, if the amount of fraud is over
Four million four hundred thousand pesos
(₱4,400,000) but does not exceed Eight million eight
hundred thousand pesos (₱8,800,000). If the
amount exceeds the latter, the penalty shall be
reclusion perpetua.
2nd. The penalty of reclusion temporal in its minimum
and medium periods, if the amount of the fraud is
over Two million four hundred thousand pesos
(₱2,400,000) but does not exceed Four million four
hundred thousand pesos (₱4,400,000).
3rd. The penalty of prisión mayor in its maximum
period, if the amount of the fraud is over One
million two hundred thousand pesos (₱1,200,000)
but does not exceed Two million four hundred
thousand pesos (₱2,400,000).
4th. The penalty of prisión mayor in its medium period,
if such amount is over Forty thousand pesos
(₱40,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000).
5th. By prisión mayor in its minimum period, if such
amount does not exceed Forty thousand pesos
(₱40,000).
3) Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign
any document.
(b) By resorting to some fraudulent practice to
insure success in a gambling game.
(c) By removing, concealing or destroying, in whole
or in part, any court record, office files, document or
any other papers.
Elements of estafa in general
1) That the accused defrauded another by:
a) abuse of confidence, (paragraph 1 [a, b,
c])
b) means of deceit; and (paragraph 2 [a, b,
c, d] paragraph 3 [a, b, c])
2) That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
 Basis for the penalty
 Damage or prejudice may consist in:
1) The offended party being deprived
of his money or property as a result
of defraudation
2) Disturbance in property rights
3) Temporary prejudice
Other circumstances
Circumstances
A, intending to redeem
certain jewels, took the
pawnshop tickets from her
wardrobe, but as she had
to do something, she gave
the pawnshop tickets to B,
her servant, so that the
latter might take care of
them temporarily. A
completely forgot about
them. One week later, B
went out of the house and
met C who got them and
refused to return them,
alleging they were of no
Effect/applicable
provisions
COMPLEX CRIME OF
ESTAFA AND THEFT
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
value, notwithstanding the
insistent demands made by
B. Then C redeemed the
jewels without the
knowledge and consent of
A or B.
ESTAFA WITH ABUSE OF CONFIDENCE (Art
315 (1))
(a) Altering the substance, quantity, or quality
of anything of value which the offender shall
deliver by virtue of an obligation to do so, even
though such obligation be based on an immoral
or illegal consideration.
Elements
1) That the offender has an onerous obligation
to deliver something of value.
 The crime must have happened at the
performance of the obligation
 There must already be an obligation to
deliver
 The crime of estafa may arise even if
the thing to be delivered, under the
obligation to deliver it, is not a subject
of lawful commerce, such as opium
2) That he alters its substance, quantity, or
quality.
 Altering the substance may constitute
violation of the Food, Drug, and
Cosmetics Act
 No estafa when there is no agreement as
to the quality
3) That damage or prejudice is caused to
another.
(b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other
personal property 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, even
though such obligation be totally or partially
guaranteed by a bond; or by denying having
received such money, goods, or other property.
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;
 Check is included in the word "money”
 Must be received and not taken
 Includes quasi-contracts and certain
contracts of bailment
 Does not apply when the contract
between the accused and the
complainant has the effect of
transferring to the accused the
ownership of the thing received
(mutuum, purchase, sale, cash advance,
sale of property on trial basis, money
market transaction)
 Criminal liability for estafa is not
affected by the novation of the
contract after incurring the liability
 The transfer must be of the juridical
possession and not the actual
Juridical
Material
Possession which
gives the
transferee a right
over the thing
which the
transferee may set
up even against
the owner
Receipt of a thing
by an agent in
behalf of the
principal, in quasicontracts,
contracts of
bailment, lease,
commodatum
Actual physical
possession
Receipt of a thing
by an employee,
arrangement of a
jeepney owner to
the accused of
paying a fixed
sum (boundary)
after operating as
regular passenger
vehicle, amount
received by a
servant or
domestic
employee the
employer
May constitute the May
constitute
crime of ESTAFA the crime of
THEFT
2) That there be misappropriation or
conversion of such money or property by the
offender, or denial on his part of such receipt;
 Misappropriation - to own, to take
something for one's own benefit
 Conversion - using or disposing of
another's property as if it were one's
own, devoted to a purpose or use
different from that agreed upon
 Fraudulent intent is necessary
 Intention
to
permanently
misappropriate is immaterial
 Basis of the penalty is the amount not
returned at the time of the
commission
of
the
fraud
(AMOUNT OF THE FRAUD)
3) That such misappropriation or conversion or
denial is to the prejudice of another; and
 The person prejudiced need not be the
owner
4) That there is a demand made by the offended
party to the offender.
 Not an absolute element
 Not necessary when there is
evidence of misappropriation or
conversion of the goods by the
defendant
 Need not be formal
 There is no estafa through negligence
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Other circumstances
Circumstances
The offender takes the
thing without the consent
of the owner
The relationship of the
accused and the victim is a
debtor and creditor
relationship
An agent who gave to a
sub-agent the thing
received from his
principal there being no
prohibition and the thing
was given for the same
purpose
The agent acted with
conspiracy or
connivance with the one
who carried out the actual
misappropriation
Right of the agent to
deduct commissions
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
CIVIL LIABILITY
ONLY
NO LIABILITY
Accused would be
answerable for the acts of
his COCONSPIRATORS
If authorized to retain
commissions – NO
ESTAFA
Otherwise – GUILTY
OF ESTAFA*
Money or property had
been received by a partner
for a specific purpose
and he later
misappropriated it
After the termination of
the co-ownership,
accused misappropriates
the thing which has
become the exclusive
property of the other
When the servant
received money or other
personal property from
the master, with the
obligation to deliver it to a
third person and, instead
of doing so,
misappropriated it to the
prejudice of the owner
Selling the thing received
to be pledged for the
owner when the intent to
appropriate existed at the
time it was received
The private individual
allegedly in conspiracy
with the public officer
accountable for public
funds who is acquitted for
the crime of malversation
*the right to a commission
does not make the agent
a joint owner, with a right
to the money collected
ESTAFA (Art 315 (1)(b))
ESTAFA (Art 315 (1)(b))
QUALIFIED THEFT
(Art 310)
THEFT (Art 308, 309,
310)
May be liable for
ESTAFA (Art 315
(1)(b))*
*estafa thru falsification of
public documents is
necessarily included in a
charge of malversation of
public funds thru
falsification of public
documents
Misappropriation of
firearms received by a
policeman, if it is not
involved in the
commission of a crime
Misappropriation of
firearms received by a
policeman, if it is involved
in the commission of a
crime
ESTAFA (Art 315 (1)(b))
MALVERSATION OF
PUBLIC FUNDS OR
PROPERTY (Art 217)
PD 115
Trust Receipts Law
Section 13. Penalty clause. The failure of an entrustee to
turn over the proceeds of the sale of the goods,
documents or instruments covered by a trust receipt to
the extent of the amount owing to the entruster or as
appears in the trust receipt or to return said goods,
documents or instruments if they were not sold or
disposed of in accordance with the terms of the trust
receipt shall constitute the crime of estafa, punishable
under the provisions of Article Three hundred and
fifteen, paragraph one (b) of Act Numbered Three
thousand eight hundred and fifteen, as amended,
otherwise known as the Revised Penal Code. If the
violation or offense is committed by a corporation,
partnership, association or other juridical entities, the
penalty provided for in this Decree shall be imposed
upon the directors, officers, employees or other
officials or persons therein responsible for the offense,
without prejudice to the civil liabilities arising from the
criminal offense.
Trust receipt transaction – is one where the
entrustee has the obligation to deliver to the entruster
the price of the sale, or if the merchandise is not sold,
to return the merchandise to the entruster.
Estafa with abuse of
confidence
Art 315 (1)
A person who
misappropriated the
thing which he had
received from the
offended party if
juridical possession is
acquired
Offender receives the
thing
The owner does not
expect the immediate
return of the thing he
delivered to the accused
Theft
Art 308, 309, 310
A person who
misappropriated the
thing which he had
received from the
offended party if only
material or physical
possession is acquired
Offender takes the thing
Upon delivery of the
thing to the offender, the
owner
expects
the
immediate return of the
thing
Estafa with abuse of Malversation
confidence
Art 315 (1)
The offenders are entrusted with funds or property
Continuing offense
The funds or property
The funds or property
are always private
are usually public
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The offender is a private
individual or even a
public officer who is not
accountable for public
funds or property
The crime is committed
by misappropriating,
converting or denying
having received money,
goods or other personal
property
The offender who is
usually a public officer is
accountable for public
funds or property
The 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
(c) By taking undue advantage of the signature
of the offended party in blank, and by writing
any document above such signature in blank, to
the prejudice of the offended party or any third
person.
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.
Other circumstances
Circumstances
A was keeping blank
papers with the signature
of B. C stole one of them
and wrote a document
above the signature,
creating liability against B.
Effect/applicable
provisions
FALSIFICATION (Art
172)*
* The paper with the
signature in blank must be
delivered by the offended
party to the offender
ESTAFA BY MEANS OF DECEIT (Art 315 (2) and
(3))
Elements
1) That there must be a false pretense,
fraudulent act or fraudulent means.
 There is no deceit if the complainant
was aware of the fictitious nature of
the pretense
 The deceit or false pretenses must be
the efficient cause or primary
consideration which induced the
party to part with the money or
property
2) That such false pretense, fraudulent act or
fraudulent means must be made or executed
prior to or simultaneously with the
commission of the fraud.
People v. Lilius
Lilius doctrine
The Court acquitted the accused of
estafa because the deceit did not
precede the defraudation, which
means that the deceit was not the
cause which could have induced the
damage or prejudice to or loss of
property suffered by the injured
party.
The deceit must have been committed
prior to or simultaneous with the
fraudulent act.
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 the false
pretense, fraudulent act, or fraudulent means.
4) That as a result thereof, the offended party
suffered damage.
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(a) By using fictitious name, or falsely
pretending to possess power, influence,
qualifications, property, credit, agency,
business or imaginary transactions, or by means
of other similar deceits.
Three ways of committing estafa under the
provision
1) by using fictitious name;
Estafa by means
Using fictitious
of deceit
name and
concealing true
name
Art 315 (2)(a)
Art 178
For the purpose of For the purpose of
defrauding others
concealing a crime,
evading
the
execution
of
a
judgment or causing
damage to public
interest
As a result thereof, Damage is not an
the offended party element
suffered damage
2) by falsely pretending to possess: (a) power, (b)
influence, (c) qualifications, (d) property, (e)
credit, (f) agency, (g) business or imaginary
transactions; or
 Includes illegal recruitment
 Must exist prior to or simultaneous
with the execution of the fraud
3) by means of other similar deceits.
Other circumstances
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Circumstances
The falsification of
commercial/public
documents was a
necessary means to
commit the estafa
The falsification of the
private document is a
necessary means to
commit the estafa
The estafa can be
committed without the
necessity of falsifying a
private document
Effect/applicable
provisions
Complex crime of ESTAFA
(Art 315 (2)(a))
THROUGH
FALSIFICATION OF
COMMERCIAL/PUBLIC
DOCUMENTS (Art 172
(1))
FALSIFICATION OF
PRIVATE DOCUMENTS
(Art 172 (2))
ESTAFA (Art 315 (2)(a))
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
 Fraudulent manipulation of scale is
punished under the Consumer’s Act of
the Philippines
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(c) By pretending to have bribed any
Government employee, without prejudice to the
action for calumny which the offended party
may deem proper to bring against the offender.
In this case, the offender shall be punished by
the maximum period of the penalty.
Other circumstances
Circumstances
Any person who would
ask money from another
for the alleged purpose of
bribing a government
employee, and he actually
gives the money to the
government employee
Effect/applicable
provisions
CORRUPTION OF
PUBLIC OFFICIALS
(Art 212)
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(d) By postdating a check, or issuing a check in
payment of an obligation 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 failure of the drawer of the
check to deposit the amount necessary to cover
his check within three (3) days from receipt of
notice from the bank and/or the payee or holder
that said check has been dishonored for lack or
insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
fraudulent act.
Elements
1) That the offender postdated a check, or
issued a check in payment of an obligation;
 The issuance of the check must be a form
of payment and not a promissory note or
for guaranty
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 failure of the drawer of the check to
deposit the amount necessary to cover his
check within three (3) days from receipt
of notice from the bank and/or the payee
or holder that said check has been
dishonored for lack or insufficiency of
funds shall be prima facie evidence of
deceit constituting false pretense or
fraudulent act.
 Good faith is a defense in a charge of
estafa by postdating or issuing a check
 Intentional stopping of payment
constitutes estafa
 Estafa by issuing bad check is a
continuing crime
Other circumstances
Circumstances
Signing a check with a
fictitious name and
falsely pretending that
said check could be
cashed at the bank, the
accused knowing that it
could not be cashed
The check is falsified and
the same is cashed with
the bank, or exchanged for
cash
The appellant usually
issued postdated checks
after the goods was turned
over
One who got hold of a
check issued by another,
knowing that the drawer
had no sufficient funds in
the bank, and used the
same in the purchase of
goods
Effect/applicable
provisions
ESTAFA (Art 315 (2)(a))
FALSIFICATION OF A
COMMERCIAL
DOCUMENT (Art 172
(2))
NO ESTAFA*
*The deceit was not the
efficient cause for the
parting of the property
ESTAFA (Art 315 (2)(d))
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK
WITHOUT SUFFICIENT FUNDS OR CREDIT
AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person
who makes or draws and issues any check to apply
on account or for value, knowing at the time of issue
that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently
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dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for
the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment,
shall be punished by imprisonment of not less than
thirty days but not more than one (1) year or by a fine
of not less than but not more than double the amount
of the check which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court.
guaranty or for
promissory note
Crime against
property
Mala in se

The same penalty shall be imposed upon any person
who, having sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the
check if presented within a period of ninety (90)
days from the date appearing thereon, for which
reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company
or entity, the person or persons who actually signed the
check in behalf of such drawer shall be liable under this
Act.
BP Big. 22 may be violated in two ways:
1) By making or drawing and issuing any check to
apply on account or for value, knowing at the
time of issue that he does not have sufficient
funds in or credit with the drawee bank for the
payment of such check in full upon its
presentment, which check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit or would
have been dishonored for the same reason
had not the drawer, without any valid
reason, ordered the bank to stop payment.
Elements
 That a person makes or draws and
issues any check.
Estafa
BP 22
The issuance of
the check should
be prior to or
simultaneous to
the defraudation.
The accused must
have received the
goods or property
by virtue of the
issuance of the
bad check.

The check can be
issued even in
payment of preexisting obligation
That the check is made or drawn and
issued to apply on account or for
value.
Estafa
BP 22
The issuance of
the check must be
for the payment
of obligation and
not merely for
Does not make a
distinction as to
whether the bad
check is issued in
payment of an
That the person who makes or draws
and issues the check knows at the
time of issue that he does not have
sufficient funds in or credit with the
drawee bank for the payment of such
check in full upon its presentment.
Estafa
BP 22
Knowledge is
immaterial

obligation or to
merely
guarantee an
obligation
Crime against
public interest
Mala prohibita
Requires that the
person who made
or drew and
issued the check
knew at the time
of issue that he
did not have
sufficient funds
in or credit with
the drawee bank
That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
same reason had not the drawer,
without any valid reason, ordered
the bank to stop payment.
Estafa
BP 22
Notice of dishonor is required
No requirement
Must be in writing
 Without proof of notice of
dishonor, knowledge of the
insufficiency of funds cannot
be presumed and no crime
(whether estafa or violation of
BP 22) can be deemed to exist.
 There must be proof of
receipt (e.g. Registry return
receipt) to be sufficient
 Notice of dishonor to
corporation is not notice to
officer who issued the check
2) Having sufficient funds in or credit with the
drawee bank when he makes or draws and
issues a check, by failing to keep sufficient
funds or to maintain a credit to cover the
full amount of the check if presented within
a period of ninety (90) days from the date
appearing thereon, for which reason it is
dishonored by the drawee bank.
Elements
 That a person has sufficient funds in
or credit with the drawee bank when
he makes or draws and issues a check.
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

That he fails to keep sufficient funds
or to maintain a credit to cover the
full amount of the check if presented
within a period of 90 days from the
date appearing thereon.
That the check is dishonored by the
drawee bank.
Gravamen of BP 22 is the issuance of a check,
not the nonpayment of an obligation
Defenses in BP 22
1) Payment – The prima facie presumption that
the drawer has knowledge of the insufficiency
of funds or credit at the time of the issuance,
or on the presentment of payment, of the
check might be rebutted by payment of the
value of the check either by the drawer or by
the drawee bank within 5 banking days from
notice of the dishonor given to the drawer.
Estafa
Within three (3)
days from receipt
of notice from the
bank and/or the
payee or holder that
said check has been
dishonored for lack
or insufficiency of
funds
Prima facie
evidence of deceit
constituting false
pretense or
fraudulent act
In estafa in general,
payment made
subsequent to the
commission of the
crime does not
extinguish
criminal liability
or reduce penalty
BP 22
Within 5 banking
days from notice of
the dishonor given
to the drawer
Rebuts the prima
facie presumption
of knowledge
Payment is a
defense
2) The exercise of a statutory right to suspend
installment payments under PD 957
3) Issuance of postdated checks in payment of a
“warranty deposit”
4) Failure to encash the checks within a
reasonable time (stale checks)
5) Issuance of SEC Order for suspension of
payments prior to presentment of check for
payment
6) Check signatory had no knowledge of
insufficiency of funds in corporate account
AC No 13-2001 in relation to AC 12-2000
Rules of preference in imposing penalties
1) The intention and tenor of AC 12-2000 is not
to remove imprisonment as an alternative
penalty
2) Where the circumstances of the case clearly
indicate good faith or a clear mistake of fact
without taint of negligence, the imposition of
fine alone rests solely upon the judge.
3) Should the judge decide that imprisonment is
the more appropriate penalty, AC 12-2000
ought not to be deemed a hindrance
4) Where the judgment of conviction did not
provide subsidiary imprisonment in case of
failure to pay the penalty of fine, subsidiary
imprisonment may not be imposed without
violating the RPC and the constitutional
provision on due process
Section 2. Evidence of knowledge of insufficient funds. - The
making, drawing and issuance of a check payment
of which is refused by the drawee because of
insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of
the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit
unless such maker or drawer pays the holder thereof
the amount due thereon, or makes arrangements for
payment in full by the drawee of such check within (5)
banking days after receiving notice that such check
has not been paid by the drawee.
Prima facie evidence of knowledge
GR: The making, drawing and issuance of a check
payment of which is refused by the drawee because of
insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of the
check
XPNs:
1) When the check is presented after 90 days
from the date of the check
2) When the maker or drawer pays the holder
thereof the amount due thereon, or makes
arrangements for payment in full by the drawee
of such check within 5 banking days after
receiving notice that such check has not
been paid by the drawee.
 Either payment or arrangement for
payment
Section 3. Duty of drawee; rules of evidence. - It shall be the
duty of the drawee of any check, when refusing to pay
the same to the holder thereof upon presentment, to
cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason
for drawee's dishonor or refusal to pay the same:
Provided, That where there are no sufficient funds in
or credit with such drawee bank, such fact shall always
be explicitly stated in the notice of dishonor or
refusal. In all prosecutions under this Act, the
introduction in evidence of any unpaid and dishonored
check, having the drawee's refusal to pay stamped or
written thereon or attached thereto, with the reason
therefor as aforesaid, shall be prima facie evidence of
the making or issuance of said check, and the due
presentment to the drawee for payment and the
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dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached
by the drawee on such dishonored check.


If the drawee bank received an order to stop
payment from the drawer, the former shall
state in the notice that there were no sufficient
funds in or credit with it for the payment in full
of the check, if such be the fact.
In all prosecutions under BP Big. 22, the
introduction in evidence of any unpaid and
dishonored check with the drawee's refusal to
pay stamped or written thereon, or attached
thereto, shall be prima facie evidence of —
o the making or issuance of the
check;
o the due presentment to the
drawee for payment and the
dishonor thereof; and
o the fact that the same was properly
dishonored for the reason written,
stamped or attached by the drawee
on such dishonored check.
Section 4. Credit construed. - The word "credit" as used
herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such
check.
Section 5. Liability under the Revised Penal Code. Prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the
Revised Penal Code.
 Issuing a check in payment of an obligation,
which is subsequently dishonored, may be
punished under the Revised Penal Code and
under BP Big. 22.
 There is no double jeopardy if each statute
requires proof of an additional fact which the
other does not.
Estafa
The gravamen of the
offense is the deceit
employed in order to
obtain money or
property in exchange of
the check issued
There must be damage
BP 22
The gravamen of the
offense is the issuance
of the check
Damage is immaterial
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house and the like without paying therefor, with
intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or
apartment house by the use of any false
pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel,
inn, restaurant, boarding house, lodging house
or apartment house after obtaining credit, food,
refreshment or accommodation therein without
paying for his food, refreshment or
accommodation.
 This section was deleted in RA
10951. However, the acts mentioned
may still constitute “Other Deceits”
under Article 318 of the RPC
Estafa by obtaining food or accommodation at a
hotel, etc.
1) By obtaining food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or manager thereof;
2) By obtaining credit at any of said
establishments by the use of any false
pretense; or
3) By abandoning or surreptitiously removing
any part of his baggage from any of said
establishments after obtaining credit, food,
refreshment or accommodation therein,
without paying therefor.
3) Through any of the following fraudulent
means:
(a) By inducing another, by means of deceit, to
sign any document.
Elements
1) That the offender induced the offended party
to sign a document.
2) That deceit be employed to make him sign the
document.
 Defendant must make statements
tending to mislead the complainant as
to the character of the document
executed by him
3) That the offended party personally signed the
document.
4) That prejudice be caused.
Other circumstances
Circumstances
Offended party is willing
and ready from the
beginning to sign the
document and there is
deceit as to the
character or contents of
the document
Effect/applicable
provisions
FALSIFICATION (Art
171, 172)
3) Through any of the following fraudulent
means:
(b) By resorting to some fraudulent practice to
insure success in a gambling game.
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 The rule in Civil Law that no action can
be filed on an immoral or illegal
contract (Art 1411, CC) has no
application in the prosecution for estafa,
even if the offended party consented to
the fraudulent scheme.
3) Through any of the following fraudulent
means:
(c) By removing, concealing or destroying, in
whole or in part, any court record, office files,
document or any other papers.
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.
Other circumstances
Circumstances
A person destroys the
record of a criminal case
for the purpose of
affording immunity to
the persons accused
Effect/applicable
provisions
MALICIOUS
MISCHIEF (Art 327)
Estafa by removing,
Infidelity in the
concealing, or
custody of documents
destroying documents
Art 315 (3)(c)
Art 226, 227, 228
Similar means of committing the offenses
The offender is either a The offender is a public
public officer who is not officer who is officially
officially entrusted with entrusted
with
the
the documents or a
document
private individual
There is intent to
The element of intent to
defraud
defraud is not required.
Article 316
Other forms of swindling. - The penalty of arresto mayor
in its minimum and medium period and a fine of not
less than the value of the damage caused and not
more than three times such value, shall be imposed
upon:
1) Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same.
2) Any person, who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not
recorded.
3) The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
4) Any person who, to the prejudice of another,
shall execute any fictitious contract.
5) Any person who shall accept any
compensation given him under the belief
that it was in payment of services rendered
or labor performed by him, when in fact he
did not actually perform such services or
labor.
6) Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or before
being relieved from the obligation
contracted by him, shall sell, mortgage, or, in
any other manner, encumber the real
property or properties with which he
guaranteed the fulfillment of such
obligation.
1) Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same
Elements
1) That the thing be immovable, such as a parcel
of land or a building.
 It is the doctrine in this jurisdiction that
true buildings (not ones merely
superimposed on the soil) are real
property by incorporation, whether
they be erected by the owner of the
land or by a usufructuary or lessee.
2) That the offender who is not the owner of said
property should represent that he is the
owner thereof.
 Penalizes only a person who pretends
to be the owner and not one who
claims (title is defective) to be the
owner
3) That the offender should have executed an
act of ownership (selling, leasing,
encumbering or mortgaging the real property).
4) That the act be made to the prejudice of the
owner or a third person.
Other circumstances
Circumstances
The property is a chattel
When deceit is practiced
against the second
purchaser and the damage
is incurred by the first
purchaser
Other forms of
swindling
Art 316 (1)
Involves immovables
or real property
There is exercise or
execution of dominion
or ownership over the
property
Effect/applicable
provisions
ESTAFA (Art 315 (2)(a))
OTHER FORMS OF
SWINDLING (Art 316
(1))
Estafa through falsely
pretending to possess
property
Art 315 (2)(a)
Involves movables and
immovables
Exercise of ownership is
not an element. The
possession of the
property is only a
means for the offender
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
to employ deceit to
obtain money or
property as a result
2) Any person, who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not
recorded.
Elements
1) That the thing disposed of be real property.
 “disposed” includes both encumbering
and mortgaging
2) That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
 It is necessary to prove that there was
fraud or deceit in the second
disposition
3) That there must be express representation by
the offender that the real property is free
from encumbrance.
 Registration is immaterial
4) That the act of disposing of the real property
be made to the damage of another.
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
1) That the offender is the owner of personal
property.
2) That said personal property is in the lawful
possession of another.
3) That the offender wrongfully takes it from its
lawful possessor.
 The taking is wrongful when it is
without the consent of the
possessor, or when deceit is
employed by the owner of the
personal property in inducing the
possessor to give it to him
4) That prejudice is thereby caused to the
possessor or third person.
Other circumstances
Circumstances
The offender is a third
person and his purpose in
taking it is to return it to
the owner
The owner, after taking it
without the consent of the
possessor, charged the
possessor with the value
of said property
The owner takes the thing
from the bailee by means
of violence or
intimidation, with intent
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
THEFT (Art 308, 309,
310)
ROBBERY (Art 294,
299, 302)
to charge the bailee with
its value
The owner takes the thing
from the bailee by means
of violence or
intimidation, without
intent to charge the
bailee with its value
GRAVE COERCION
(Art 286)
4) Any person who, to the prejudice of another,
shall execute any fictitious contract.
5) Any person who shall accept any
compensation given him under the belief
that it was in payment of services rendered
or labor performed by him, when in fact he
did not actually perform such services or
labor.
Other circumstances
Circumstances
No fraud was employed
The money in payment of
a debt was delivered to a
wrong person and the
person who received it
later refused or failed to
return it to the owner of
the money
Effect/applicable
provisions
CIVIL LIABILITY
only*
*solution indebiti
ESTAFA (Art 315 (1)(b))
6) Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or before
being relieved from the obligation
contracted by him, shall sell, mortgage, or,
in any other manner, encumber the real
property or properties with which he
guaranteed the fulfillment of such
obligation.
Elements
1) That the offender is a surety in a bond given
in a criminal or civil action.
2) That he guaranteed the fulfillment of such
obligation with his real property or
properties.
3) That he sells, mortgages, or, in any other
manner encumbers said real property.
4) That such sale, mortgage or encumbrance is
a) without express authority from the court,
or
b) made before the cancellation of his bond,
or
c) before being relieved from the obligation
contracted by him.
PD 1689
INCREASING THE PENALTY FOR
CERTAIN FORMS OF SWINDLING OR
ESTAFA
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Syndicated estafa
Section 1. Any person or persons who shall commit
estafa or other forms of swindling as defined in Article
315 and 316 of the Revised Penal Code, as amended,
shall be punished by life imprisonment to death if
the swindling (estafa) is committed by a syndicate
consisting of five or more persons formed with the
intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation
results in the misappropriation of money contributed
by stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers
association,
or
of
funds
solicited
by
corporations/associations from the general public.
When not committed by a syndicate as above defined,
the penalty imposable shall be reclusion temporal to
reclusion perpetua if the amount of the fraud exceeds
100,000 pesos.
Elements
1) That estafa or other forms of swindling as
defined in Articles 315 and 316 of the R.P.C. is
committed.
2) That estafa or swindling is committed by a
syndicate of five or more persons;
3) That
defraudation
results
in
the
misappropriation of moneys contributed by
stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or farmers'
associations or of funds solicited by
corporations/associations from the general
public.
 The third whereas clause states that it
also applies to other corporations or
associations operating on funds
solicited from the general public
Coverage of syndicated estafa
1) Commercial banks
2) The swindling must be committed through the
association, the bank in this case, which
operate on funds solicited from the general
public
3) When the number of the accused are five or
more, the crime is syndicated estafa under
paragraph 1 of the Decree.
4) If the number of accused is less than five but
the defining element of the crime under the
Decree is present, the second paragraph of
the Decree applies. (large scale swindling)
5) The Decree does not apply regardless of the
number of the accused, when:
a) the entity soliciting funds from the
general public is the victim and not the
means through which the estafa is
committed, or
b) the offenders are not owners or
employees who used the association to
perpetrate the crime, in which case, Article
315(2)(a) of the RPC applies.
Syndicated estafa committed through ponzi
scheme
Ponzi scheme - a type of investment fraud that
involves the payment of purported returns to existing
investors from funds contributed by new investors. Its
organizers often solicit new investors by promising to
invest funds in opportunities claimed to generate high
returns with little or no risk.
People v. Tibayan
It is clear that all the elements of Syndicated Estafa,
committed through a Ponzi scheme, are present in
this case, considering that:
a) the incorporators/directors of TGICI
comprising more than five people, including
herein accused-appellants, made false
pretenses and representations to the —
regarding a investing public in this case, the
private complainants supposed lucrative
investment opportunity with TGICI in order
to solicit money from them;
b) the said false pretenses and representations
were made prior to or simultaneous with the
commission of fraud;
c) relying on the same, private complainants
invested their hard-earned money into TGICI;
and
d) the incorporators/directors of TGICI ended
up running away with the private complainants'
investments, obviously to the latter's prejudice.
Article 317
Swindling a minor. - Any person who taking advantage
of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume
any obligation or to give any release or execute a
transfer of any property right in consideration of
some loan of money, credit or other personal
property, whether the loan clearly appears in the
document or is shown in any other form, shall suffer
the penalty of arresto mayor and a fine of a sum
ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.
Elements
1) That the offender takes advantage of the
inexperience or emotions or feelings of a
minor.
 Actual
proof
of
deceit
or
misrepresentation is not essential
2) That he induces such minor (1) to assume an
obligation, or (2) to give release, or (3) to
execute a transfer of any property right.
3) That the consideration is (1) some loan of
money, (2) credit, or (3) other personal
property.
 Real property is not included since a
minor cannot convey real property
without judicial authority
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
4) That the transaction is to the detriment of
such minor.
Article 318
Other deceits. - The penalty of arresto mayor and a fine
of not less than the amount of the damage caused
and not more than twice such amount shall be
imposed upon any person who shall defraud or
damage another by any other deceit not mentioned
in the preceding articles of this Chapter.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding Forty thousand pesos
(₱40,000).
Other deceits
1) By defrauding or damaging another by any
other deceit not mentioned in the
preceding articles.
 This provision is intended as a catch-all
provision to cover all other kinds of
deceit not falling under Articles 315,
316 and 317
2) By interpreting dreams, by making
forecasts, by telling fortunes, or by taking
advantage of the credulity of the public in
any other similar manner, for profit or gain.
GR: An accused can only be convicted of the crime
with which he or she is charged
XPN: Sec 4, Rule 120 of the Rules of Court
Rule 120, Rules of Court
Section 4. Judgment in case of variance between allegation
and proof. — When there is variance between the
offense charged in the complaint or information and
that proved, and the offense as charged is included
in or necessarily includes the offense proved, the
accused shall be convicted of the offense proved
which is included in the offense charged, or of
the offense charged which is included in the
offense proved. (4a)
CHAPTER SEVEN CHATTEL
MORTGAGE
Article 319
Removal, sale or pledge of mortgaged property. - The penalty
or arresto mayor or a fine amounting to twice the value
of the property shall be imposed upon:
1) Any person who shall knowingly remove any
personal property mortgaged under the
Chattel Mortgage Law to any province or
city other than the one in which it was
located at the time of the execution of the
mortgage, without the written consent of the
mortgagee, or his executors, administrators
or assigns.
2) Any mortgagor who shall sell or pledge
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 hereof in
the office of the Register of Deeds of the
province where such property is located.
Acts punishable under Art 319
1) By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to
any province or city other than the one in
which it was located at the time of
execution of the mortgage, without the
written consent of the mortgagee or his
executors, administrators or assigns.
Elements
 That personal property is mortgaged
under the Chattel Mortgage Law.
 That the offender knows that such
property is so mortgaged.
 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.
o Filing a civil action for
collection, not for foreclosure
of chattel mortgage, relieves
the accused of criminal
responsibility
 That the removal is permanent.
 That there is no written consent of
the mortgagee or his executors,
administrators or assigns to such
removal.
2) 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
Elements
 That personal property is already
pledged under the terms of the Chattel
Mortgage Law.
 That the offender, who is the
mortgagor of such property, sells or
pledges the same or any part
thereof.
 That there is no consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds.
o The consent of the mortgagee
must be (1) in writing, (2) on
the back of the mortgage,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and (3) noted on the record
thereof in the office of the
register of deeds.
o Damage to the mortgagee is
not essential
Removal, sale or
Estafa by disposing of
pledge of mortgaged
encumbered property
property
Art 319
Art 316 (2)
There is selling of a mortgaged property
There is no consent of The real property must
the mortgagee written be sold as free from
on the back of the
encumbrance, even
mortgage and noted on though the vendor may
the record thereof in the have obtained the
office of the register of
consent of the
deeds
mortgagee
The purpose is to
The purpose is to
protect the mortgagee protect the purchaser
CHAPTER EIGHT ARSON AND OTHER
CRIMES INVOLVING DESTRUCTION
Article 320
Destructive Arson. - The penalty of reclusion perpetua to
death shall be imposed upon any person who shall
burn:
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, 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.
Irrespective of the application of the above
enumerated qualifying circumstances, the penalty of
reclusion perpetua to death shall likewise be imposed
when the arson is perpetrated or committed by two
(2) or more persons or by a group of 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 or
another violation of law.
The penalty of reclusion perpetua to death shall also be
imposed upon any person who shall burn:
1) Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance,
storehouse, archives or general museum of
the Government.
2) In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
If as a consequence of the commission of any of the
acts penalized under this Article, death results, the
mandatory penalty of death shall be imposed.
Categories of arson
1) Destructive arson – Art 320, as amended by
RA 7659
2) Simple arson – Sec 1, PD 1613
3) Other cases of arson - Sec 3, PD 1613
Destructive arson
 A heinous crime
 The reason for the law is to effectively
discourage and deter the commission
of this dastardly crime, to prevent the
destruction of properties and protect
the lives of innocent people
Circumstances
If as a consequence of the
commission of any of the
acts penalized under Art
320, death should result
Effect/applicable
provisions
Mandatory penalty of
death* shall be imposed
*reclusion perpetua with no
eligibility for parole
PD No. 1613
AMENDING THE LAW ON ARSON
Section 1. Arson. Any person who burns or sets fire
to the property of another shall be punished by Prision
Mayor.
The same penalty shall be imposed when a person sets
fire to his own property under circumstances which
expose to danger the life or property of another.
Arson - the malicious destruction of property by fire.
 PD 1613 contemplates the malicious
burning of public and private structures,
regardless of size, not included in Art.
320, as amended by RA 7659, and
classified as other cases of arson.
 There is no complex crime of arson with
homicide
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Test to determine whether simple or destructive
 It is considered simple if the appellant’s
act does not appear to be heinous or
represents a greater degree of perversity
and viciousness
Attempted, frustrated and consummated arson
Attendant circumstances
Attempted
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.
It is not necessary that there be a
fire before the crime of attempted
arson can be committed.
The presence of blaze does not
necessarily lead to the crime of
attempted arson.
When there is fire, the Supreme
Court has held invariably that
crime committed is either
frustrated
arson
or
consummated
arson,
never
attempted.
Frustrated
The 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.
Consummated Any charring of the wood of a
building, whereby the fiber of the
wood is destroyed, is sufficient.
If a part of the building
commences to burn, the crime is
consummated arson, however
small is the portion of the building
burned
Arson
Art 320, PD 1613
The main objective is the
burning of the building
or edifice and death
results by reason or on
the occasion of arson.
Homicide/Murder
Art 249, 248
The main objective is to
kill a particular person
who may be in a building
or edifice, and the fire is
resorted to as the means
to accomplish such goal
The resulting homicide
is absorbed
Other circumstances
Circumstances
Effect/applicable
provisions
Separate and distinct
crimes of HOMICIDE
(Art 249) and ARSON
(Art 320/PD 1613)
The objective is to kill a
particular person, and in
fact the offender has
already done so, but fire is
resorted to as a means to
cover up the killing
The killing is attended
Separate and distinct
with evident premeditation crimes of MURDER (Art
and the burning was done
to disguise the murder
248) and ARSON (Art
320/PD 1613)
Section 2. Destructive Arson. The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
following:
1) Any ammunition factory and other
establishment where explosives, inflammable
or combustible materials are stored.
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any church or place of worship or other
building where people usually assemble.
4) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
5) Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceedings.
6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
7) Any building, whether used as a dwelling or
not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1) Any building used as offices of the government
or any of its agencies;
2) Any inhabited house or dwelling;
3) Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
4) Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
5) Any rice mill, sugar mill, cane mill or mill
central; and
6) Any railway or bus station, airport, wharf or
warehouse.
Section 4. Special Aggravating Circumstances in Arson. The
penalty in any case of arson shall be imposed in its
maximum period;
1) If committed with intent to gain;
2) If committed for the benefit of another;
3) If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned;
4) If committed by a syndicate.
The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or more
persons.
Section 5. Where Death Results from Arson. If by reason
of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 6. Prima Facie evidence of Arson. Any of the
following circumstances shall constitute prima facie
evidence of arson:
1) If the fire started simultaneously in more than
one part of the building or establishment.
2) If substantial amount of flammable substances
or materials are stored within the building not
necessary in the business of the offender nor
for household use.
3) 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 policy more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured.
6) If shortly before the fire, a substantial portion
of the effects insured and stored in 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.
moving trains, destroying telegraph wires and
telegraph posts, or those of any other system, and,
in general, by using any other agency or means of
destruction as effective as those above enumerated,
shall be punished by reclusion temporal if the
commission has endangered the safety of any
person, otherwise, the penalty of prision mayor shall
be imposed.
Elements
1) The offender causes destruction.
2) Destruction is caused by any of the following
means:
a) explosion
b) discharge of electric current
c) inundation, sinking or stranding of a vessel,
or intentional damaging of the engine of
said vessel
d) taking up the rails from a railway track
e) maliciously changing railway signals for the
safety of moving trains
f) destroying telegraph wires and telegraph
posts, or those of any other system
g) using any other agency or means of
destruction as effective as those above
enumerated
CHAPTER NINE MALICIOUS MISCHIEF
Article 327
Who are liable for malicious mischief. - Any person who
shall deliberately cause the property of another any
damage not falling within the terms of the next
preceding chapter shall be guilty of malicious
mischief.
Section 7. Conspiracy to commit Arson. Conspiracy to
commit arson shall be punished by Prision Mayor in its
minimum period.
Malicious mischief - willful damaging of another's
property for the sake of causing damage due to hate,
revenge or other evil motive
Section 8. Confiscation of Object of Arson. The building
which is the object of arson including the land on
which it is situated shall be confiscated and
escheated to the State, unless the owner thereof can
prove that he has no participation in nor
knowledge of such arson despite the exercise of
due diligence on his part.
Elements
1) That the offender deliberately caused
damage to the property of another.
 Malicious mischief cannot be committed
through negligence
 Killing the cow of another as an act of
revenge is malicious mischief
 Malicious mischief embraces those
attempts against another's property
inspired sometimes the mere pleasure of
destroying
2) That such act does not constitute arson or
other crimes involving destruction.
 Damaging of property must not result
from crime
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.
Section 9. Repealing Clause. The provisions of Articles
320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Decree
are hereby repealed or amended accordingly.
Article 324
Crimes involving destruction. - Any person who shall
cause destruction by means of explosion, discharge
of electric current, inundation, sinking or stranding
of a vessel, intentional damaging of the engine of
said vessel, taking up the rails from a railway track,
maliciously changing railway signals for the safety of
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Other circumstances
Circumstances
After damaging the
property, the offender
removes or makes use of
the fruits or objects of the
damage
Accused acted willfully,
maliciously, unlawfully and
criminally, not being
objected to, includes the
charge that he acted with
negligence
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
MALICIOUS
MISCHIEF
THROUGH
RECKLESS
IMPRUDENCE
Article 328
Special cases of malicious mischief. - Any person who shall
cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion
among cattle; or who causes 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, shall be punished:
1) By prisión correccional in its minimum and
medium periods, if the value of the damage
caused exceeds Two hundred thousand
pesos (₱200,000);
2) By arresto mayor if such value does not exceed
the abovementioned amount but is over
Forty thousand pesos (₱40,000); and
3) By arresto menor, if such value does not exceed
Forty thousand pesos (₱40,000).
Special cases of qualified malicious mischief
1) Causing damage to obstruct the performance
of public functions.
2) Using any poisonous or corrosive substance.
3) Spreading any infection or contagion among
cattle.
4) Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public.
Causing damage to
Sedition
obstruct the
performance of public
functions
Art 328 (1)
Art 139
There is intent to obstruct the performance of public
functions
There is no public and There is public and
tumultuous uprising
tumultuous uprising
Article 329
Other mischiefs. - The mischiefs not included in the
next preceding article shall be punished:
1) By arresto mayor in its medium and maximum
periods, if the value of the damage caused
exceeds Two hundred thousand pesos
(₱200,000);
2) By arresto mayor in its minimum and medium
periods, if such value is over Forty thousand
pesos (₱40,000) but does not exceed Two
hundred thousand pesos (₱200,000); and
3) By arresto menor or a fine of not less than the
value of the damage caused and not more
than Forty thousand pesos (₱40,000), if the
amount involved does not exceed Forty
thousand pesos (₱40,000) or cannot be
estimated.
Other mischiefs
 Mischiefs not included in Art. 328 are
punished according to the value of the
damage caused
Other circumstances
Circumstances
As an act of revenge, the
accused and his tenants
killed the cows which
caused destruction to the
plants
Effect/applicable
provisions
OTHER MISCHIEFS
(Art 329)
Article 330
Damage and obstruction to means of communication. - The
penalty of prision correccional in its medium and
maximum periods shall be imposed upon any person
who shall damage any railway, telegraph or
telephone lines.
If the damage shall result in any derailment of cars,
collision or other accident, the penalty of prision
mayor shall be imposed, without prejudice to the
criminal liability of the offender for the other
consequences of his criminal act.
For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and
other things pertaining to railways, shall be deemed
to constitute an integral part of a railway system.
Circumstances
If the damage shall result
in any derailment of cars,
collision, or other accident
The rails are removed
from a railway track to
cause destruction
As a result of the damage
caused to railway, certain
passengers of the train are
killed but there is no intent
to kill on the part of the
accused
There is intent to kill, and
damaging the railways was
the means to accomplish
the criminal purpose
Effect/applicable
provisions
A higher penalty shall be
imposed
DESTRUCTION (Art
324)
DAMAGES TO
MEANS OF
COMMUNICATION
(Art 330) with
HOMICIDE (Art 249)
MURDER (Art 248)
Article 331
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Destroying or damaging statues, public monuments or
paintings. - Any person who shall destroy or damage
statues or any other useful or ornamental public
monument, shall suffer the penalty of arresto mayor in
its medium period to prisión correccional in its
minimum period.
Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding
Forty thousand pesos (₱40,000), or both such fine
and imprisonment, in the discretion of the court.
4) Art 332 applies to common-law spouses
5) Art 332 applies only to the simple crimes of
theft, swindling and malicious mischief and not
where any of the said crimes is complexed with
another crime
Reason for the law
The law recognizes the presumed co-ownership of
the property between the offender and the offended
party.
CHAPTER TEN EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY
Article 332
Persons exempt from criminal liability. - No criminal, but
only civil liability, shall result from the commission
of the crime of theft, swindling or malicious mischief
committed or caused mutually by the following
persons:
1) Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
into the possession of another; and
3) Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
The exemption established by this article shall not
be applicable to strangers participating in the
commission of the crime.
Crimes involved in the exemption
1) Theft,
2) Swindling (estafa) – does not include estafa
through falsification
3) Malicious mischief
Persons exempted from criminal liability
1) Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same passed into the
possession of another.
3) Brothers and sisters and brothers-in-law
and sisters-in-law, living together.
Applicability
1) Art 332 is applicable only when the offender
and the offended party are relatives and
their relationship is any of those mentioned in
said article.
2) An adopted or natural child should also be
considered as relatives included in the term
"descendants"
3) A concubine or paramour should also be
considered within the term "spouses."
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE XI
penalty next lower in
degree*
CRIMES AGAINST CHASTITY
CHAPTER ONE ADULTERY AND
CONCUBINAGE
Article 333
Who are guilty of adultery. - Adultery is committed by
any married woman who shall have sexual
intercourse with a man not her husband and by the
man who has carnal knowledge of her knowing her
to be married, even if the marriage be subsequently
declared void.
Adultery shall be punished by prision correccional in its
medium and maximum periods.
If the person guilty of adultery committed this
offense while being abandoned without justification
by the offended spouse, the penalty next lower in
degree than that provided in the next preceding
paragraph shall be imposed.
Elements
1) That the woman is married;
 Semper praesumitur matrimonio
 The offended party must be legally
married to the offender at the time of the
criminal case
 There is adultery, even if the marriage of
the guilty woman with the offended
husband is subsequently declared void
 The essence of adultery is the violation of
the marital vow
 The gist of the crime of adultery is the
danger of introducing spurious heirs
into the family, where the rights of the
real heirs may be impaired and a man may
be charged with the maintenance of a
family not his own (Adultery is more
severely punished than concubinage)
2) That she has sexual intercourse with a man
not her husband;
 Direct proof of carnal knowledge is not
necessary
 Each sexual intercourse constitutes a
crime of adultery. The crime of adultery is
an instantaneous crime. Therefore, it is
not a continuing offense.
3) That as regards the man with whom she has
sexual intercourse, he must know her to be
married.
 The man may be single or married
 Under the law, there is no accomplice in
adultery
Circumstances
Abandonment without
justification
Effect/applicable
provisions
MITIGATING
CIRCUMSTANCE –
The married man did not
know that the woman was
married
*both defendants are
entitled. Art 62 (3) cannot
apply
Not liable for
ADULTERY (Art 333)
but may be liable for
CONCUBINAGE (Art
334)
Effect of the acquittal of one of the defendants
does not operate as a cause for acquittal of the
other
1) There may not be a joint criminal intent,
although there is joint physical act.
2) One of the parties may be insane and the other
sane, in which case, only the sane could be held
liable criminally.
3) The man may not know that the woman is
married, in which case, the man is innocent.
4) The death of the woman during the pendency
of the action cannot defeat the trial and
conviction of the man
5) Even if the man had left the country and could
not be apprehended, the woman can be tried
and convicted.
Effect of pardon
Art. 344 requires that —
1) The pardon must come before the
institution of the criminal prosecution; and
2) Both the offenders must be pardoned by the
offended party.
Pardon
Consent
Must come after the act Granted prior to the
but before the institution adulterous act
of a criminal prosecution
May be express or implied
Bars criminal action
Dismisses the criminal
action
Article 334
Concubinage. - Any husband who shall keep a mistress
in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her
in any other place, shall be punished by prision
correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
Three ways of committing
1) By keeping a mistress in the conjugal
dwelling; or
2) By having sexual intercourse, under
scandalous circumstances, with a woman
who is not his wife; or
3) By cohabiting with her in any other place.
Elements
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) That the man must be married.
2) That he committed any of the following acts:
a) Keeping a mistress in the conjugal
dwelling,
 No positive proof of actual
intercourse is necessary
 It is necessary that the woman is
taken by the accused into the
conjugal dwelling as a concubine
 "Conjugal dwelling" - home of
the husband and wife even if the
wife happens to be temporarily
absent on any account
b) Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife;
 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 neighbors'
spiritual damage or ruin.
 The people in the vicinity are the
best witnesses to prove scandalous
circumstances
 When spies are employed, there is
no evidence of scandalous
circumstances
c) Cohabiting with her in any other place.
 Mere cohabitation is sufficient.
Proof of scandalous circumstances
is not necessary
 Cohabit - to dwell together, in the
manner of husband and wife, for
some period of time, as
distinguished from occasional,
transient interviews for unlawful
intercourse.
3) That as regards the woman, she must know
him to be married.
CHAPTER TWO RAPE AND ACTS OF
LASCIVIOUSNESS
Article 335
When and how rape is committed. - Rape is committed by
having carnal knowledge of a woman under any of
the following circumstances:
1) By using force or intimidation;
2) When the woman is deprived of reason or
otherwise unconscious; and
3) When the woman is under twelve years of
age, even though neither of the
circumstances mentioned in the two next
preceding paragraphs shall be present.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with the
use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof,
the penalty shall be likewise death.
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death.
(As amended by R.A. 2632, approved June 18, 1960,
and R.A. 4111, approved June 20, 1964).
 Article 335 has been repealed by Rep.
Act. No. 8353, otherwise known as the
“Anti-Rape Law of 1997”
Article 336
Acts of lasciviousness. - Any person who shall commit
any act of lasciviousness upon other persons of
either sex, under any of the circumstances
mentioned in the preceding article, shall be punished
by prision correccional.
Elements
1) That the offender commits any act of
lasciviousness of lewdness;
 Lewd - obscene, lustful, indecent,
lecherous. It signifies the form of
immorality which has relation to moral
impurity; or that which is carried on a
wanton manner.
 Lascivious conduct – 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 public area of a person.
 Motive of lascivious acts is not important
 There is no attempted or frustrated
crime of acts of lasciviousness
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; or
 It is not necessary that the
intimidation or physical force be
irresistible, it being sufficient that
some
violence
or
moral
compulsion
b) When the offended party is deprived of
reason or otherwise unconscious;
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
c) By means of fraudulent machination or
grave abuse of authority;
d) When the offended party is under 16*
years of age or is demented *(RA 11648)
Acts of lasciviousness
Art 336
The lewd designs are
constitutive of the
offense
Grave coercion
Art 286
The compulsion is the
very act constituting the
offense
Offenses against
chastity
Title XI
Committed by a private
individual (gender
specific)
Necessary that some
actual act of
lasciviousness should
have been executed by
the offender
Abuses against
chastity
Art 245
Committed by a public
officer
Mere immoral or
indecent proposal made
earnestly and
persistently is sufficient
Acts of lasciviousness
Attempted/frustrated
rape
Art 336
Art 266-A
Manner of committing the crime is the same
The offended party in both crimes is a person of
either sex
Lascivious acts are
Acts performed by the
themselves the final
offender clearly indicate
objective sought by the that his purpose was to
offender
lie with the offended
woman
Lascivious acts are but
the preparatory acts to
the commission of rape
Acts of lasciviousness
Art 336
The intent is to employ
lewd designs
May have employed
force or intimidation or
any of the other
circumstances
Unjust vexation
Art 287 (2)
The intent is to annoy or
irritate
Without employing any
force or intimidation
Circumstances
Effect/applicable
provisions
UNJUST VEXATION
(Art 287 (2))
Touching the breast of a
woman for the purpose of
annoying
When a man embraces
and kisses a woman and
intentionally fondles her
breast at the same time in
a theater where the lights
were out and the people's
attention was naturally
concentrated on the
picture
Desistance in the
commission of attempted
rape
ACTS OF
LASCIVIOUSNESS (Art
336)
May constitute ACTS OF
LASCIVIOUSNESS (Art
336)
RA 7610
Special Protection of Children Against Abuse,
Exploitation and Discrimination Act
Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money,
profit, or any 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 penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are
not limited to, the following:
1) Acting as a procurer of a child prostitute;
2) Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
3) Taking advantage of influence or
relationship to procure a child as prostitute;
4) Threatening or using violence towards a
child to engage him as a prostitute; or
5) Giving monetary consideration goods or
other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse; Provided, That when
the victims is under twelve (12) years of
age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended,
the Revised Penal Code, for rape or
lascivious conduct, as the case may be:
Provided, That the penalty for lascivious
conduct when the victim is under twelve
(12) years of age shall be reclusion temporal
in its medium period; and
Guidelines in designating or charging the proper
offense
1) The age of the victim is taken into
consideration in designating or charging the
offense, and in determining the imposable
penalty.
2) If the victim is under 12 years old –
RECLUSION TEMPORAL IN ITS
MEDIUM PERIOD
3) If the victim is 12 years old or over but below
18 years old, or is 18 years old or older but is
unable to fully take care of herself/himself or
protect herself/himself – RECLUSION
TEMPORAL IN ITS MEDIUM PERIOD
TO RECLUSION PERPETUA
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements of sexual abuse under Sec 5(b) of RA
7610
1) The accused commits an act of sexual
intercourse of lascivious conduct
2) The said act is performed with a child exploited
in prostitution or subjected to other sexual
abuse
3) The child is below 18 years old
CHAPTER THREE SEDUCTION,
CORRUPTION OF MINORS, AND
WHITE SLAVE TRADE
 The fact that the girl gave consent
to the sexual intercourse is no
defense
Age
<12 years old
<16 years old
Article 337
Qualified seduction. - The seduction of a virgin over
sixteen (16) years and under eighteen (18) years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
with the education or custody of the woman
seduced, shall be punished by prision correccional in its
minimum and medium periods.
RAPE (Art 266-A) – If
with carnal knowledge or
sexual assault of a child
below 16
ACTS OF
LASCIVIOUSNESS
(Art 336)– If no sexual
intercourse with either
sex but with lewd designs
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
FORCIBLE
ABDUCTION (Art 342)
– If there is taking against
the will of a female, even
if she voluntarily goes
with the abductor
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge
of any of the persons and under the circumstances
described herein. (As amended by RA 11648)
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without use of force
Two classes
1) Seduction of a virgin over 16* years and
under 18 years of age by certain persons, such
as, a person in authority, priest, teacher, etc.;
(ABUSE OF CONFIDENCE)
Note: 16 (*RA 11648) and 1 day to 17 and 11
months, and 30 days old.
2) Seduction of a sister by her brother, or
descendant by her ascendant, regardless of
her age or reputation. (ABUSE OF
RELATIONSHIP)
Elements
1) That the offended party is a virgin, which is
presumed if she is unmarried and of good
reputation.
 The virginity to which the Penal
Code refers is not to be understood
in so material a sense as to exclude
the idea of abduction of a virtuous
woman of good reputation
2) That she must be over 16 and under 18 years
of age.
Applicable crime
FORCIBLE
ABDUCTION (Art 342)
– If there is taking against
the will of a female, even
if she voluntarily goes
with the abductor
No criminal liability
when
age
difference
between the parties is not
more than 3 years and the
sexual act is consensual,
non-abusive,
nonexploitative (XPN: if the
victim is under 13 years of
age)
16 and 1 day to 18 years
old
CORRUPTION OF
MINORS (Art 340) Prostitution/corruption
of persons
QUALIFIED
SEDUCTION (Art 337)
– If by means of abuse of
confidence
SIMPLE SEDUCTION
(Art 338) – If by means of
deceit
RAPE (Art 266-A) – If
the attendant
circumstances are other
than age
ACTS OF
LASCIVIOUSNESS
WITH CONSENT (Art
339)– If no sexual
intercourse with a woman
but with lewd designs and
under abuse of
confidence
ACTS OF
LASCIVIOUSNESS
(Art 336)– If no sexual
intercourse of the either
sex but with lewd designs
and under
circumstances in rape
FORCIBLE
ABDUCTION (Art 342)
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
– If there is taking against
the will of a female
CORRUPTION OF
MINORS (Art 340) Prostitution/corruption
of persons
Over 18
CONSENTED
ABDUCTION (Art 343)
- If there is taking with
consent of a female
No liability – If there is
no force or intimidation
and if no lewd designs are
employed
QUALIFIED
SEDUCTION (Art 337)
– If by means of abuse of
relationship
RAPE (Art 266-A) – If
the attendant
circumstances are other
than age
ACTS OF
LASCIVIOUSNESS
WITH CONSENT (Art
339)– If no sexual
intercourse with a woman
but with lewd designs and
under abuse of
relationship
ACTS OF
LASCIVIOUSNESS
(Art 336)– If no sexual
intercourse of the either
sex but with lewd designs
and under
circumstances in rape
FORCIBLE
ABDUCTION (Art 342)
– If there is taking against
the will of a female
3) That the offender has sexual intercourse with
her.
4) That there is abuse of authority, confidence
or relationship on the part of the offender.
 The acts would not be punished
were it not for the character of the
person committing the same, on
account of the excess of power or
abuse of confidence of which
the offender availed himself.
 Deceit is not an element
Offenders
1) Those who abused their authority:
 Person in public authority.
 Guardian.
 Teacher.
 Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
2) Those who abused confidence reposed in
them:



Priest.
House servant.
Domestic.
o Domestic - a person usually
living under the same roof,
pertaining to the same house. It
is distinct from a house servant.
3) Those who abused their relationship:
 Brother who seduced his sister.
 Ascendant
who
seduced
his
descendant.
Qualified seduction
Rape
Art 337
Art 266-A
There must be sexual intercourse
Any of the
One of the
circumstances in the
circumstances under Art
crime of rape is not
266-A is present
present
The accused charged with rape cannot be
convicted of qualified seduction under the same
information (as distinguished from AOL)
Circumstances
The seduction of a sister
or descendant* (incest)
* Relationship must be by
consanguinity. The relationship
need not be legitimate.
Effect/applicable
provisions
QUALIFYING
CIRCUMSTANCE penalty is next higher in
degree
Article 338
Simple seduction. - The seduction of a minor, sixteen
(16)* and over but under eighteen (18) years of age,
committed by means of deceit, shall be punished by
arresto mayor. *(As amended by RA 11648)
Elements
1) That the offended party is over 16 and under
18 years of age.
2) That she must be of good reputation, single or
widow. **(This was eliminated in the
amendment in RA 11648)
3) That the offender has sexual intercourse with
her.
4) That it is committed by means of deceit.
 The man who is willing and ready to
marry the girl seduced by him may be
held liable for simple seduction not by
itself
but
by
the
attending
circumstances
vitiating
such
willingness, as when the man knows
that the girl cannot legally consent to
the marriage
 Not a continuous crime
Article 339
Acts of lasciviousness with the consent of the offended party. The penalty of arresto mayor shall be imposed to
punish any other acts of lasciviousness committed
by the same persons and the same circumstances as
those provided in Articles 337 and 338.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements
1) That the offender commits acts of
lasciviousness or lewdness.
2) That the acts are committed upon a woman
who is virgin or single or widow of good
reputation, under 18 years of age but over
16* years, or a sister or descendant
regardless of her reputation or age. (*RA
11648)
3) That the offender accomplishes the acts by
abuse
of
authority,
confidence,
relationship, or deceit.
Acts of lasciviousness
with consent
Art 339
Offender commits any
lewdness
Committed against a
woman
Offender accomplishes
the acts by abuse of
authority, confidence,
relationship, or deceit
Circumstances
When victim is under 16*
years of age
Acts of lasciviousness
Art 336
act of lasciviousness of
Committed against a
person of either sex
It is done under the
circumstances in rape
Effect/applicable
provisions
QUALIFYING
CIRCUMSTANCE penalty is one degree
higher (Sec 10, RA 7610)
(*RA 11648)
Article 340
Corruption of minors. - Any person who shall promote
or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another, shall be
punished by prision mayor, and if the culprit is a public
officer or employee, including those in governmentowned or controlled corporations, he shall also
suffer the penalty of temporary absolute
disqualification. (As amended by Batas Pambansa
Blg. 92)
Corruption of minors
 Habituality or abuse of authority or confidence
is not necessary
 One who casts for his own ends does not incur
the sanction of the law
 A mere proposal will consummate the offense
 The term "persons under age" provided in
Article 340 of the Revised Penal Code means a
person below 18 years of age
Circumstances
When victim is under 16*
years of age
Effect/applicable
provisions
QUALIFYING
CIRCUMSTANCE penalty is one degree
higher (Sec 10, RA 7610)
(*RA 11648)
RA 7610
Special Protection of Children Against Abuse,
Exploitation and Discrimination Act
Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money,
profit, or any 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 penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are
not limited to, the following:
1) Acting as a procurer of a child prostitute;
2) Inducing a person to be a client of a
child prostitute by means of written or oral
advertisements or other similar means;
3) Taking advantage of influence or
relationship to procure a child as
prostitute;
4) Threatening or using violence towards a
child to engage him as a prostitute; or
5) Giving monetary consideration goods
or other pecuniary benefit to a child with
intent to engage such child in prostitution.
b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the
case may be: Provided, That the penalty for
lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion temporal
in its medium period; and
c) 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.
Section 6. Attempt To Commit Child Prostitution. – 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.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
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. A penalty lower by two (2)
degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon
the principals of the attempt to commit the crime
of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.
Article 341
White slave trade. - The penalty of prision mayor in its
medium and maximum period shall be imposed
upon any person who, in any manner, or under any
pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other
for the purpose of prostitution (As amended by
Batas Pambansa Blg. 186.)
Acts penalized
1) Engaging in the business of prostitution.
2) Profiting by prostitution.
3) Enlisting the services of women for the
purpose of prostitution.
 Habituality is not a necessary element
 Offender need not be the owner of the house
 Maintainer or manager of house of ill-repute
need not be present therein at the time of raid
or arrest
 Please see discussions in RA 10634 and RA 9775 in
Title 5 of this reviewer
Circumstances
When victim is under 16*
years of age
Effect/applicable
provisions
QUALIFYING
CIRCUMSTANCE penalty is one degree
higher (Sec 10, RA 7610)
(*RA 11648)
CHAPTER FOUR ABDUCTION
Elements
1) That the person abducted is any woman,
regardless of her age, civil status, or
reputation.
2) That the abduction is against her will.
 The taking away of the woman may be
accomplished by means of deceit first
and then by means of violence and
intimidation
3) That the abduction is with lewd designs.
 Sexual intercourse is not necessary in
forcible abduction. The intent to
seduce the girl is sufficient.
 Lewd designs are present in hurried
ceremony of marriage by force
 Intention to marry does not constitute
unchaste designs when both defendant
and the woman have the required age
for consenting to marriage
 Actual illicit relations with the woman
abducted need not be shown. Intent to
seduce is sufficient
 Conviction of acts of lasciviousness is
not a bar to conviction of forcible
abduction
Circumstances
Effect/applicable
provisions
There was sexual
COMPLEX CRIME OF
intercourse after the
FORCIBLE
forcible abduction, and the ABDUCTION (Art 342)
offender used force or
and RAPE (Art 266-A)
intimidation, or when the
woman was deprived of
reason, is demented or
otherwise unconscious, or
the victim was under 12
years of age
Conviction of various
It is enough that there was
defendants for the crime
lewd design by one of
of abduction
them and that the same
was known to the others
Husband abducted his
NOT LIABLE FOR
wife
FORCIBLE
ABDUCTION*
Article 342
Forcible abduction. - The abduction of any woman
against her will and with lewd designs shall be
punished by reclusion temporal.
Subsequent acts of rape
after a forcible abduction
The same penalty shall be imposed in every case, if
the female abducted be under sixteen (16)* years of
age. (*RA 11648)
Abduction - 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 to
corrupt her
Two kinds of abduction
1) Forcible abduction. (Art. 342)
2) Consented abduction. (Art. 343)
The act of appellant in
grabbing the victim while
she was walking and
dragging her into the
cornfields, some 40 meters
away from the footpath,
where by means of force
*lewd design is wanting
Only one COMPLEX
CRIME OF
FORCIBLE
ABDUCTION (Art 342)
and RAPE (Art 266-A)
and three separate acts of
RAPE (Art 266-A)*
* The crime of forcible
abduction was only necessary
for the first rape.
FORCIBLE
ABDUCTION (Art
342)*
* the attempt to rape her is
absorbed by the abduction,
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
he tried to have sexual
intercourse with her but
did not perform all the
acts necessary to
consummate such purpose
The main purpose of
detention was to coerce
the complainant into
withdrawing her previous
charges against appellant
and the acts of rape were
incidental and used as a
means to break the girl's
spirit and induce her to
dismiss the criminal
charge.
Evidence shows that the
main intent is to remove
the victim from her home
and the intent to seduce
shares equal importance
with the other elements of
the crime
The specific intent is
carnal knowledge and the
elements principal to
forcible abduction are
present
The accused did not
succeed in taking away the
girl, because of the girl's
resistance and because of
the intervention of a
policeman
being the element of lewd design
of the latter
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION (Art
267), with the rape being
an aggravating
circumstance
FORCIBLE
ABDUCTION (Art 342)
only
RAPE (Art 266-A) only
ATTEMPTED
FORCIBLE
ABDUCTION (Art 342)
Forcible abduction
Grave coercion
Art 342
Art 286
There is violence or intimidation used by the
offender and the offended party is compelled to do
something against her will
Offended party must be Offended party may be
a woman
any person
Lewd design is an
There is no lewd design
element
Forcible abduction
Corruption of minors
Art 342
Art 340
Offended party must be Offended party may be
a woman
any person
Lewd design is an
There is no lewd design
element
The purpose is the
The purpose is to lend
deprivation of liberty
her to illicit intercourse
with lewd designs
with others
Forcible abduction
Art 342
Lewd design
element
is
Forcible abduction
with rape
Kidnapping and
serious illegal
detention
Art 267
an Kidnapping of a woman
without unchaste
designs
Kidnapping with rape
The violent taking of a
When there is force/
woman is motivated by intimidation or fraud
lewd designs
The offended party is a woman
Article 343
Consented abduction. - The abduction of a virgin over
sixteen (16)* years and under eighteen (18) years of
age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.
(*RA 11648)
Elements
1) That the offended party must be a virgin
 Not to be understood in so material a
sense as to exclude the idea of
abduction of a virtuous woman of
good reputation
2) That she must be over 16 and under 18 years
of age.
3) That the taking away of the offended party
must be with her consent, after solicitation or
cajolery from the offender.
 The taking of the virgin need not have
the character of permanency
 It is sufficient that he was instrumental
in her escape
4) That the taking away of the offended party
must be with lewd designs.
Circumstances
If the virgin is under 16*
years old (*RA 11648)
A 15-year-old girl was
induced to leave her home
and later forcibly violated
by the four accused
Effect/applicable
provisions
FORCIBLE
ABDUCTION (Art 342)
CONSENTED
ABDUCTION (Art 343)
WITH RAPE (Art 266A)
CHAPTER FIVE PROVISIONS
RELATIVE TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Article 344
Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness. - The crimes of
adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended
spouse.
The offended party cannot institute criminal
prosecution without including both the guilty
parties, if they are both alive, nor, in any case, if he
shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape* or acts
of lasciviousness, shall not be prosecuted except
upon a complaint filed by the offended party or her
parents, grandparents, or guardian, nor, in any case,
if the offender has been expressly pardoned by the
above-named persons, as the case may be.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
In cases of seduction, abduction, acts of
lasciviousness and rape*, the marriage of the
offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed
upon him. The provisions of this paragraph shall
also be applicable to the co-principals, accomplices
and accessories after the fact of the abovementioned crimes.
Prosecution (cannot be prosecuted de oficio)
1) Adultery and concubinage must be prosecuted
upon complaint signed by the offended
spouse.
 The offended party cannot institute
criminal prosecution without including
both the guilty parties
 Both parties must be included in the
complaint even if one of them is not
guilty
2) Seduction, abduction, rape* or acts of
lasciviousness must be prosecuted upon
complaint signed by —
a) offended party,
b) her parents,
c) grandparents, or
d) guardians in the order in which they are
named above.
 A minor has the right to institute the
prosecution independently of her
parents, grandparents, guardian etc.
XPN: if she is incapable of doing so
upon grounds other than her
minority
 The term "guardian" means legal, not
natural guardian
 In case of complex crimes, where one
of the component offenses is a public
crime, the criminal prosecution may be
instituted by the fiscal (de oficio). Public
interest is always paramount to
private interest
* Pursuant to R.A. No. 8353, the Anti-Rape Law of
1997, rape is now a crime against persons which
may be prosecuted de oficio.
The court motu proprio can dismiss the case for failure
of the aggrieved party to file the proper complaint,
though the accused never raised the question on
appeal, thereby showing the necessity of strict
compliance with the legal requirement even at the
cost of nullifying all the proceedings already had
in the lower court.
Pardon
Consent
Must come after the act Granted prior to the
but before the institution adulterous act
of a criminal prosecution
May be express or implied
Must be done by the offended party
Bars criminal action
Dismisses the criminal
action
Rules on pardon
 Pardon must be express in seduction,
abduction, rape, or acts of lasciviousness
 Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon
 It is only when she is dead or otherwise
incapacitated to grant pardon, that her parents,
grandparents or guardian may do so for her
 Pardon by the offended party who is a minor
must have the concurrence of parents (XPN:
When the offended girl has no parents who
could concur in the pardon, she can validly
extend a pardon even if she is a minor)
Effects of marriage
 Marriage of the offender with the offended
party in seduction, abduction, acts of
lasciviousness and rape, extinguishes criminal
action or remits the penalty already imposed.
 There must be actual marriage
 Marriage of parties guilty of adultery or
concubinage is not included
Rape
Seduction, abduction
and acts of
lasciviousness
Crime against persons
Crimes against chastity
Marriage extinguishes Marriage extinguishes
the criminal action or the the criminal action or the
penalty imposed only as penalty imposed also as
to the principal
to the accomplices and
accessories
Article 345
Civil liability of persons guilty of crimes against chastity. Person guilty of rape, seduction or abduction, shall
also be sentenced:
1) To indemnify the offended woman.
2) To acknowledge the offspring, unless the
law should prevent him from so doing.
3) In every case to support the offspring.
The adulterer and the concubine in the case
provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate
civil proceeding, to indemnify for damages caused to
the offended spouse.
Civil liabilities
Adultery and
concubinage
Rape, seduction,
abduction
The adulterer 1) To indemnify
and the
the offended
concubine
woman.
are sentenced 2) To
only to
acknowledge
indemnify for
the offspring,
damages
unless the law
caused to the
should prevent
offended
him from
spouse
doing so.
3) In every case
to support the
offspring.
Acts of
lasciviousness
No civil
liability
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Moral damages
 Moral damages may be recovered both by the
offended party and by her parents
SUMMARY
Civil liability in rape
 All the accused must support the offspring in
cases of multiple rape
 When three persons, one after another, raped a
woman, not one may be required to recognize
the offspring of the offended woman
 The rules in recognition of the offspring are
espoused in Art 283
 Acknowledgment is disallowed if the offender
is a married man
 Only indemnity is allowed in rape of a married
woman
Article 346
Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party. - The
ascendants, guardians, curators, teachers and any
person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the
perpetration of the crimes embraced in chapters,
second, third and fourth, of this title, shall be
punished as principals.
Teachers or other persons in any other capacity
entrusted with the education and guidance of youth,
shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
special disqualification.
Any person falling within the terms of this article,
and any other person guilty of corruption of minors
for the benefit of another, shall be punished by
special disqualification from filling the office of
guardian.
Persons who cooperate as accomplices but are
punished as principals in rape, seduction,
abduction, etc.
1)
2)
3)
4)
5)
Ascendants,
Guardians,
Curators,
Teachers, and
Any other person, who cooperates as
accomplice with abuse of authority or
confidential relationship.
There is another crime where the accomplice is
punished as principal, and that is the crime of slight
illegal detention. (Art 268, par 2)
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE XII
CRIMES AGAINST CRIMES AGAINST
THE CIVIL STATUS OF PERSONS
CHAPTER ONE SIMULATION OF
BIRTHS AND USURPATION OF CIVIL
STATUS
Article 347
Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child. - The
simulation of births and the substitution of one child
for another shall be punished by prisión mayor and a
fine of not exceeding Two hundred thousand pesos
(₱200,000).
The same penalties shall be imposed upon any
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil
status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office,
shall cooperate in the execution of any of the crimes
mentioned in the two (2) next preceding paragraphs,
shall suffer the penalties therein prescribed and also
the penalty of temporary special disqualification.
Acts punished
1) Simulation of births.
 Simulation of birth - takes place when
the woman pretends to be pregnant
when in fact she is not, and on the day
of the supposed delivery, takes the
child of another as her own.
 The simulation must alter the civil
status of a person
 The fact that the child will be benefited
by the simulation of its birth is not a
defense
2) Substitution of one child for another.
3) Concealing or abandoning any legitimate
child with intent to cause such child to lose its
civil status.
 The child must be legitimate and a fully
developed and living being
 Concealing a legitimate child must be
for the purpose of causing it to lose its
civil status
Circumstances
The unlawful sale of a
child by its father
Physician or surgeon or
public officer who, in
violation of the duties of
Effect/applicable
provisions
CRIME UNDER RA
9208, as amended by RA
10364, not punished under
this article
SHALL SUFFER THE
PENALTY UNDER
ART 347 AND
his profession or office,
shall cooperate in the
execution of any of the
crimes
TEMPORARY
SPECIAL
DISQUALIFICATION
Abandonment of a
legitimate child
Art 347 (2)
Offender must be any
person
Abandonment of a
minor
Art 276
Offender must be one
who has the custody of
the child
The purpose is to avoid
the obligation of rearing
and caring for the child
The purpose must be to
alter the civil status of
the child
Article 348
Usurpation of civil status. - The penalty of prision mayor
shall be imposed upon any person who shall usurp
the civil status of another, should he do so for the
purpose of defrauding the offended party or his
heirs; otherwise, the penalty of prision correccional in its
medium and maximum periods shall be imposed.
Usurping the civil status - is committed when a
person represents himself to be another and assumes
the filiation or the parental or conjugal rights of such
another person.
 In order to constitute this crime, the
intent of the offender is to enjoy the
rights arising from the civil status of
the person impersonated
Civil status - includes one's public station, or the
rights, duties, capacities and incapacities which
determine a person to a given class
Circumstances
Purpose of the
impersonation is to
defraud the offended party
or his heirs
Effect/applicable
provisions
QUALIFYING
CIRCUMSTANCE
CHAPTER TWO ILLEGAL MARRIAGES
Article 349
Bigamy. - The penalty of prision mayor shall be
imposed upon any person who shall contract a
second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead
by means of a judgment rendered in the proper
proceedings.
Elements
1) That the offender has been legally married.
Pulido v. People
Void ab initio marriages
To summarize for future preference, the
parties are not required to obtain a judicial
declaration of absolute nullity of a void ab
initio first and subsequent marriages in
order to raise it as a defense in a bigamy case.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
The accused may present testimonial or
documentary evidence such as the judicial
declaration of absolute nullity of the first
and/or subsequent void ab initio marriages
in the criminal prosecution for bigamy.
Voidable marriages
However, if the first marriage is merely
voidable, the accused cannot interpose an
annulment decree as a defense in the
criminal prosecution for bigamy since the
first voidable marriage is considered valid and
subsisting when the second marriage was
contracted. The crime of bigamy, therefore, is
consummated when the second marriage was
celebrated during the subsistence of the
voidable first marriage The same applies if the
second marriage is merely considered as
voidable.
2) That the marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be
presumed dead according to the Civil
Code.
 When divorce is obtained abroad by an
alien spouse, the reckoning point is not
the citizenship of the parties at the
time of the celebration of the
marriage, but their citizenship at the
time the valid divorce is obtained
abroad by the alien spouse
capacitating the latter to remarry.
 Presumptive death (declaration must
be secured from the court)
1) No danger of death – 4 years
2) With danger of death – 2 years
3) That he contracts a second or subsequent
marriage.
4) That the second or subsequent marriage has all
the essential requisites for validity.
 The marriage must have all the
requisites and it would be valid were it
not for the subsistence of the first
marriage
 Validity of second marriage is a
prejudicial question to liability for
bigamy.
 The second spouse is not necessarily
liable for bigamy
 In the crime of bigamy, it is
immaterial whether it is the first or the
second wife who initiates the action,
for it is a public offense which can be
denounced not only by the person
affected thereby but even by a civic
spirited citizen who may come to know
the same.
Tenebro v. CA
As a second or subsequent marriage contracted during
the subsistence of petitioner’s valid marriage to
Villareyes, petitioner’s marriage to Ancajas would be
null and void ab initio completely regardless of
petitioner’s psychological capacity or incapacity. Since
a marriage contracted during the subsistence of a
valid marriage is automatically void, the nullity of
this second marriage is not per se an argument for
the avoidance of criminal liability for bigamy.
Pertinently, Article 349 of the Revised Penal Code
criminalizes "any person who shall contract a second
or subsequent marriage before the former marriage has
been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a
judgment rendered in the proper proceedings". A plain
reading of the law, therefore, would indicate that the
provision penalizes the mere act of contracting a
second or a subsequent marriage during the
subsistence of a valid marriage.
Circumstances
If the accused, in
contracting the second
marriage, acting on the
honest belief that he was
lawfully divorced from his
first wife
The second husband or
wife who knew of first
marriage
The witness who falsely
vouched for the capacity
of either of the contracting
parties
Bigamy
Art 349
Offense against civil
status which may be
prosecuted at the
instance of the State
What characterizes the
crime is the celebration
of the second marriage
with the first still
existing
Effect/applicable
provisions
BIGAMY THROUGH
RECKLESS
IMPRUDENCE
Considered as an
ACCOMPLICE
Considered as an
ACCOMPLICE
Concubinage
Art 334
Offense against chastity
and may be prosecuted
only at the instance of
the offended party
What characterizes the
crime is the mere
cohabitation by the
husband with a woman
who is not his wife
Article 350
Marriage contracted against provisions of laws. - The
penalty of prision correccional in its medium and
maximum periods shall be imposed upon any person
who, without being included in the provisions of the
next preceeding article, shall have not been complied
with or that the marriage is in disregard of a legal
impediment.
If either of the contracting parties shall obtain the
consent of the other by means of violence,
intimidation or fraud, he shall be punished by the
maximum period of the penalty provided in the next
preceding paragraph.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements
1) That the offender contracted marriage.
 Under this article, the offender must
not be guilty of bigamy
 Conviction of a violation of Art. 350
involves moral turpitude
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.
Circumstances
If either of the contracting
parties obtains the consent
of the other by means of
violence, intimidation or
fraud
Effect/applicable
provisions
AGGRAVATING
CIRCUMSTANCE shall be punished by the
maximum period of the
penalty provided in Art
350
Article 351
Premature marriages. - Any widow who shall marry
within three hundred and one (310) days from the
date of the death of her husband, or before having
delivered if she shall have been pregnant at the time
of his death, shall be punished by arresto mayor and a
fine not exceeding 500 pesos.
The same penalties shall be imposed upon any
woman whose marriage shall have been annulled or
dissolved, if she shall marry before her delivery or
before the expiration of the period of three hundred
and one day after the legal separation.
 ARTICLE 351 HAS BEEN REPEALED BY
REPUBLIC ACT NO. 10655, AND ACT
REPEALING
THE
CRIME
OF
PREMATURE MARRIAGE
Article 352
Performance of illegal marriage ceremony. - Priests or
ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.
Performance of illegal
marriage ceremony
Usurpation of
authority or official
functions
Art 352
Art 177
Presupposes that the Accused is not
priest or minister or civil authorized to solemnize
authority is authorized to marriage
solemnize marriages
 A clergyman who performed a marriage
ceremony, not knowing that one of the
contracting parties is a minor, is not liable.
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE XIII
CRIMES AGAINST HONOR
CHAPTER ONE LIBEL
Section One. - Definitions, forms, and
punishment of this crime.
Article 353
Definition of libel. - A libel is public and malicious
imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is
dead.
Defamation - includes libel and slander, means the
offense of injuring a person's character, fame or
reputation through false and malicious statements. It is
that which tends to injure reputation or to diminish the
esteem, respect, good will or confidence in the plaintiff
or to excite derogatory feelings or opinions about the
plaintiff. It is the publication of anything which is
injurious to the good name or reputation of another or
tends to bring him into disrepute.
The Revised Penal Code punishes all kinds of attack
against honor and reputation, thereby eliminating once
and for all the idle distinction between calumny and
insult
Elements
1) That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or any
act, omission, status or circumstance.
 Imputation of a crime may be implied
from the acts and statements
 Imputation of criminal intention not
libelous
 An expression of opinion by one affected
by the act of another and based on actual
fact is not libelous
2) That the imputation must be made publicly.
 Publication - communication of the
defamatory matter to some third person
or persons
 Delivering the article to the typesetter is
sufficient publication
 Sending a letter in a sealed envelope
through a messenger, is not publication
 Merely composing a libel is not actionable
unless it is published
3) That the imputation must be malicious.
 “Praise undeserved is slander in
disguise” - Where the comments are
insincere and intended to ridicule rather
than praise the plaintiff, the publication is
libelous.
 Even if intended for humor, may be
libelous
Malice in fact
Malice in law
Can be inferred from Can be inferred from
the person
the nature of the word
spoken or written
Used to indicate the
Refers to the opening
fact that the offender statement in Art 354 –
is prompted by
that every defamatory
personal ill-will or
imputation is
spite and speaks not
presumed malicious,
in response to duty,
even if true, if no
but merely to injure
good intention and
the reputation of the
justifiable motive for
person defamed
making it is shown
There is actual malice Presumed from a
when the offender
defamatory imputation
makes the defamatory
statement with the
knowledge that it is
false or with reckless
regard of whether it
was false or not
Probable cause for
belief in the truth of
the matter charged is
sufficient
4) That the imputation must be directed to a
natural or juridical person, or one who is
dead.
 It is required that the subject is
identifiable by at least one third person
by intrinsic reference or extraneous
circumstances, although not named
 GR: Defamatory remarks directed at a
group of persons is not actionable
XPN: The statements are allembracing or sufficiently specific for
the victim to be identifiable
 Libel published in different parts may
be taken together to establish the
identification of the offended party
 Innuendo - it is a clause in the
indictment
or
other
pleading
containing an averment which is
explanatory of some preceding word or
statement
5) That the imputation must tend to cause the
dishonor, discredit or contempt of the
person defamed.
Definitions
Dishonor — disgrace, shame or ignominy
Discredit — loss of credit or reputation;
disesteem
Contempt — state of being despised
People v. Del Rosario
Where the alleged slanderous utterances were
committed on the same date and at the same
place, but against two different persons, the
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
situation has given rise to two separate and
individual causes for prosecution. There
are in the case before us, as many offenses
as there were persons defamed.
Test
In determining whether a statement is defamatory, the
words used are construed in their entirety and taken
in their plain, natural and ordinary meaning as they
would naturally be understood by persons reading
them, unless it appears that they were used and
understood in another sense.
Article 354
Requirement for publicity. - Every defamatory
imputation is presumed to be malicious, even if it be
true, if no good intention and justifiable motive for
making it is shown, except in the following cases:
1) A private communication made by any
person to another in the performance of any
legal, moral or social duty; and
2) A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official
proceedings which are not of confidential
nature, or of any statement, report or speech
delivered in said proceedings, or of any other
act performed by public officers in the
exercise of their functions.
Two kinds of privileged communications
1) Absolute - It is not actionable, even if its
author has acted in bad faith
 Narrow and is practically limited to
legislative and judicial proceedings and
other acts of state, including, it is said,
communications made in the discharge
of a duty under express authority of
law, by or to heads of executive
departments of the state, and matters
involving military affairs.
Examples
 statements made by members of
Congress in the discharge of their
functions
 official communications made by
public officers in the performance of
their duties
 allegations or statements made by the
parties or their counsel in their
pleadings or motions or during the
hearing of judicial proceedings,
 answers given by witnesses in reply to
questions propounded to them, in the
course of said proceedings
Provided, that said allegations or
statements are relevant to the issues, and
the answers are responsive or pertinent
to the questions propounded to said
witnesses
Belen v. People
The absolute privilege remains regardless of the
defamatory tenor and the presence of malice, if the
same are relevant, pertinent or material to the cause
in and or subject of the inquiry. Sarcastic, pungent
and harsh allegations in a pleading although tending to
detract from the dignity that should characterize
proceedings in courts of justice, are absolutely
privileged, if relevant to the issues.
The matter to which the privilege does not extend must
be so palpably wanting in relation to the subject matter
of the controversy that no reasonable man can doubt
its irrelevancy and impropriety. In order that a matter
alleged in the pleading may be privileged, it need not,
in any case, be material to the issue presented by the
pleadings; however, it must be legitimately related or so
pertinent to the subject of the controversy that it may
become the subject of inquiry in the course of the trial.
2) conditional or qualified - Those which,
although containing defamatory imputations,
would not be actionable unless made with
malice or bad faith
 This covers the exceptions in Art 354
 Qualified privilege is lost by proof of
malice
 Enumeration under Art 354 is not
an exclusive list of qualifiedly
privileged communication
 Statements made in self defense or in
mutual controversy are often privileged
XPN: Retaliation or vindictiveness
cannot be a basis of self-defense in
defamation
Conditional or qualified privileged
communication
GR: Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and
justifiable motive for making it is shown
XPNs: PRIVILEGED COMMUNICATIONS
1) A private communication made by any person
to another in the performance of any legal,
moral or social duty; and
XPN to XPN: If actual malice is proved
Requisites
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;
 Legal duty presupposes a
provision of law conferring upon
the accused the duty to
communicate. If there is no
provision of law to that effect, the
accused has no duty to make the
report or communication to
another.
The
report
or
communication is not privileged.
The Revised Penal Code | VENTEROSO | 186
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2)
That the communication is addressed to
an officer or a board, or superior, having
some interest or duty in the matter;
 The communication need not be in a
private document
3) That the statements in the communication
are made in good faith without malice (in
fact).
 Unnecessary publicity destroys good
faith
2) A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official proceedings
which are not of confidential nature, or of any
statement, report or speech delivered in said
proceedings, or of any other act performed by
public officers in the exercise of their
functions.
XPNs:
 Fair commentaries
Doctrine of fair comment – This
legal principle means while in general
every discreditable imputation publicly
made is deemed false, because every
man is presumed innocent until his
guilt is judicially proved, and every false
imputation is deemed malicious,
nevertheless, when the discreditable
imputation is directed against a public
person in his public capacity, it is not
necessarily actionable
XPN to XPN: False allegations and
false suppositions
 Attacks upon the private character of
the public officer on matters which are
not related to the discharge of their
official
duties
(THERE
IS
PRESUMPTION OF CRIMINAL
INTENT)
XPN to XPN: Matters of public
interest
Requisites
1) That it is a fair and true report of a
judicial, legislative, or other official
proceedings which are not of 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; and
3) That it is without any comments or
remarks.
Defamation
Follows a public officer
into his private life which
has no connection with
the performance of his
public duties, and falsely
Criticisms
Deals only with such
things as shall invite
public attention or call
for public comment
charges him with evil
motives, clearly designed
to destroy his reputation
or besmirch his name
RA 4200
The Anti-Wire Tapping Act
Section 1. Acts penalized
It shall be unlawful for any person, not being
authorized by all the parties to any private
communication or spoken word:
1) to tap any wire or cable, or
2) by using any other device or arrangement,
to secretly overhear, intercept, or record such
communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detecta-phone or walkie-talkie or
tape-recorder, or however otherwise described.
It shall also be unlawful for any person, be he a
participant or not in the act or acts penalized in the
next preceding sentence:
1) to knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word secured either before or after the
effective date of this Act in the manner
prohibited by this law; or
2) to replay the same for any other person or
persons; or
3) to communicate the contents thereof, either
verbally or in writing; or
4) to furnish transcriptions thereof, whether
complete or partial, to any other person.
Provided, That the use of such record or any copies
thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in
section 3 hereof, shall not be covered by this
prohibition.
Section 2. Penalties
Any person who willfully or knowingly does or who
shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who
violates the provisions of the following section or of
any order issued thereunder, or aids, permits, or causes
such violation shall, upon conviction thereof, be
punished by imprisonment for not less than six months
or more than six years and with the accessory penalty
of perpetual absolute disqualification from public
office if the offender be a public official at the time of
the commission of the offense, and, if the offender is
an alien he shall be subject to deportation proceedings.
Section 3. Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the
Court, to execute any of the acts declared to be
unlawful in the two preceding sections in cases
involving the crimes of treason, espionage,
provoking war and disloyalty in case of war,
The Revised Penal Code | VENTEROSO | 187
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
commit sedition, inciting to sedition, kidnapping
as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616,
punishing espionage and other offenses against
national security: Provided, That such written order
shall only be issued or granted upon written
application and the examination under oath or
affirmation of the applicant and the witnesses he
may produce and a showing:
1)that there are reasonable grounds to believe that any
of the crimes enumerated hereinabove has been
committed or is being committed or is about to be
committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted
only upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been or are
being committed;
2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of
any person for, or to the solution of, or to the
prevention of, any of such crimes; and
3) that there are no other means readily available for
obtaining such evidence.
The order granted or issued shall specify:
1) the identity of the person or persons whose
communications, conversations, discussions,
or spoken words are to be overheard,
intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the
telegraph line or the telephone number
involved and its location;
2) the identity of the peace officer authorized
to overhear, intercept, or record the
communications, conversations, discussions,
or spoken words;
3) the offense or offenses committed or
sought to be prevented; and
4) the period of the authorization. The
authorization shall be effective for the period
specified in the order which shall not exceed
sixty (60) days from the date of issuance of
the order, unless extended or renewed by
the court upon being satisfied that such
extension or renewal is in the public
interest.
All recordings made under court authorization shall,
within forty-eight hours after the expiration of the
period fixed in the order, be deposited with the court
in a sealed envelope or sealed package, and shall
be accompanied by an affidavit of the peace officer
granted such authority stating the number of
recordings made, the dates and times covered by each
recording, the number of tapes, discs, or records
included in the deposit, and certifying that no
duplicates or copies of the whole or any part thereof
have been made, or if made, that all such duplicates or
copies are included in the envelope or package
deposited with the court. The envelope or package so
deposited shall not be opened, or the recordings
replayed, or used in evidence, or their contents
revealed, except upon order of the court, which shall
not be granted except upon motion, with due notice
and opportunity to be heard to the person or persons
whose conversation or communications have been
recorded.
The court referred to in this section shall be
understood to mean the Court of First Instance
within whose territorial jurisdiction the acts for which
authority is applied for are to be executed.
Sec 16, RA 11479
Requirements
1) file an ex-parte application with the CA for
the issuance of an order, to compel
telecommunications service providers (TSP)
and internet service providers (ISP) to
produce all customer information and
identification records as well as call and text
data records, content and other cellular or
internet metadata of any person suspected of
any of the crimes defined and penalized
under the provisions of this Act
2) furnish the National Telecommunications
Commission (NTC) a copy of said
application. The NTC shall likewise be
notified upon the issuance of the order for
the purpose of ensuring immediate
compliance.
Section 4. Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained obtained or secured by
any person in violation of the preceding sections of this
Act shall not be admissible in evidence in any
judicial,
quasi-judicial,
legislative
or
administrative hearing or investigation.
Gaanan v. Intermediate Appellate Court
The law refers to a "tap" of a wire or cable or the
use of a "device or arrangement" for the purpose of
secretly overhearing, intercepting or recording the
communication. There must be either a physical
interruption through a wiretap or the deliberate
installation of a device or arrangement in order to
overhear, intercept, or record the spoken words.
An extension telephone cannot be placed in the
same category as a dictaphone, dictagraph or the
other devices enumerated in Section 1 of Republic
Act No. 4200 as the use thereof cannot be considered
as "tapping" the wire or cable of a telephone line.
The Revised Penal Code | VENTEROSO | 188
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Article 355
Libel by means of writings or similar means. — A libel
committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prisión
correccional in its minimum and medium periods or a
fine ranging from Forty thousand pesos (₱40,000) to
One million two hundred thousand pesos
(₱1,200,000), or both, in addition to the civil action
which may be brought by the offended party.
A libel may be committed by means of:
1) Writing,
2) Printing,
3) Lithography,
4) Engraving,
5) Radio,
 The word "radio" used in said Art 355,
should be considered in relation to the
terms with which it is associated —
writing,
printing,
engraving,
phonograph, etc. — all of which have a
common characteristic, namely, their
permanent nature as a means of
publication, and this explains the graver
penalty for libel than that prescribed for
oral defamation
 Defamation through amplifier is not
libel, but oral defamation
6) Phonograph,
7) Painting,
8) Theatrical exhibition
9) Cinematographic exhibition
10) any similar means
 Defamation made in the television
program is libel
PENALTY FOR LIBEL; ADMINISTRATIVE
CIRCULAR 08-2008
1) This Administrative Circular does NOT
remove imprisonment as an alternative
penalty for the crime libel under Article 355 of
the Revised Penal Code
2) The Judges concerned 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 imperative 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 provision on subsidiary
imprisonment.
Article 33, Civil Code
In cases of defamation, fraud, and physical injuries
a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by
the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
Article 356
Threatening to publish and offer to prevent such publication
for a compensation. - The penalty of arresto mayor or a
fine from Forty thousand pesos (₱40,000) to Four
hundred thousand pesos (₱400,000), or both, shall
be imposed upon any person who threatens another
to publish a libel concerning him or the parents,
spouse, child, or other member of the family of the
latter, or upon anyone who shall offer to prevent the
publication of such libel for a compensation or
money consideration.
Blackmail - in its metaphorical sense, may be defined
as any unlawful extortion of money by threats of
accusation or exposure.
 May be possible in the following
crimes:
1) Light threats. (Art 283)
2) Threatening to publish, or offering
to prevent the publication of, a libel
for compensation. (Art 356)
Acts punished under Art 356
1) By threatening another to publish a libel
concerning him, or his parents, spouse, child,
or other members of his family.
2) By offering to prevent the publication of such
libel
for
compensation,
or
money
consideration.
Article 357
Prohibited publication of acts referred to in the course of official
proceedings. - The penalty of arresto mayor or a fine of
Forty thousand pesos (₱40,000) to Two hundred
thousand pesos (₱200,000), or both, shall be
imposed upon any reporter, editor or manager of a
newspaper, daily or magazine, who shall publish
facts connected with the private life of another and
offensive to the honor, virtue and reputation of said
person, even though said publication be made in
connection with or under the pretext that it is
necessary in the narration of any judicial or
administrative proceedings wherein such facts have
been mentioned.
Gag Law
The provisions of Art. 357 constitute the so-called
"Gag Law." Newspaper reports on cases pertaining to
adultery, divorce, issues about the legitimacy of
children, etc., will necessarily be barred from
publication.
Elements
1) That the offender is a reporter, editor or
manager of a newspaper daily or magazine.
The Revised Penal Code | VENTEROSO | 189
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) That he publishes facts connected with the
private life of another.
3) That such facts are offensive to the honor,
virtue and reputation of said person.
RA 1477
Section 1. Section one of Republic Act Numbered
Fifty-three is amended to read as follows:
"Sec. 1. Without prejudice to his liability under the civil
and criminal laws, the publisher, editor, columnist
or duly accredited reporter of any newspaper,
magazine or periodical of general circulation cannot
be compelled to reveal the source of any newsreport or information appearing in said
publication which was related in confidence to
such publisher, editor or reporter unless the court
or a House or committee of Congress finds that
such revelation is demanded by the security of the
State."
GR: A newspaper reporter cannot be compelled to
reveal the source of the news report he made
XPN: The Court or a House or committee of Congress
finds that such revelation is demanded by the security
of the State
4) social standing and the position of the
offended party are also taken into account.
 Slander against a higher public ranking
official who has served to different
government offices is grave
 Slander against a public school teacher
in the presence of co-teachers and
students is grave
Article 359
Slander by deed. - The penalty of arresto mayor in its
maximum period to prisión correccional in its minimum
period or a fine ranging from Twenty thousand
pesos (₱20,000) to One hundred thousand pesos
(₱100,000) shall be imposed upon any person who
shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or
contempt upon another person. If said act is not of
a serious nature, the penalty shall be arresto menor or
a fine not exceeding Twenty thousand pesos
(₱20,000).
Slander by deed - is a crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another person.
Slander - libel committed by oral (spoken) means,
instead of in writing. The term oral defamation or
slander as now understood, has been defined as the
speaking of base and defamatory words which tend to
prejudice another in his reputation, office, trade,
business or means of livelihood.
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 person or persons.
3) That such act casts dishonor, discredit or
contempt upon the offended party.
 There must be intention to cause
shame and humiliation
 Pointing a dirty finger constitutes
simple slander by deed
 Fighting the offended party with
intention to insult him is slander by
deed
Two kinds of oral defamation
1) Simple slander.
2) Grave slander, when it is of a serious and
insulting nature.
Two kinds
1) Simple slander by deed
2) Grave slander by deed, that is, which is of a
serious nature.
Article 358
Slander. - Oral defamation shall be punished by arresto
mayor in its maximum period to prisión correccional in
its minimum period if it is of a serious and insulting
nature; otherwise the penalty shall be arresto menor or
a fine not exceeding Twenty thousand pesos
(₱20,000).
Factors that determine the gravity of oral
defamation
1) expressions used
 Calling a person a gangster is simple
slander
 The word "puta" does not impute that
the complainant is a prostitute
 Uttering defamatory words in the heat
of anger
 Saying “putangina” is not considered
oral defamation since it is usually said
to express anger or displeasure
2) personal relations of the accused and the
offended party
3) circumstances surrounding the case
Slander by deed
Art 359
Performance of an act
Slander
Art 358
Words spoken
Determination of seriousness
There is no fixed standard in determining whether a
slander is serious or not; hence, the courts have
sufficient discretion to determine the same, basing
the finding on the attendant circumstances and matters
relevant thereto.
 Slander in the heat of passion and without
thinking of the highly offensive character of
what she would do is light
Slander by deed
Acts of lasciviousness
The Revised Penal Code | VENTEROSO | 190
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Art 359
Art 336
Acting to cast dishonor There must be the
without lewd designs
element of lewd designs
Slander by deed
Art 359
The offended party
suffered from shame or
humiliation caused by
the maltreatment, it is
slander by deed
Maltreatment
Art 266 (3)
The nature and effects
of the maltreatment
determine the crime
committed
Slander by
Acts of
deed
lasciviousness
Art 359
Art 336
There is irritation or annoyance
In addition to
In addition to
the irritation or the annoyance
annoyance,
or irritation,
there was
there was
attendant
present any of
publicity and
the
dishonor or
circumstances
contempt
provided for in
Art. 335 of the
Code, on rape
Unjust
vexation
Art 287 (2)
Without any
other
concurring
factor
Offended party’s complaint
Effect
Imputation of a crime
May not be prosecuted
de oficio in the following
crimes:
1) Adultery
2) Concubinage
3) Abduction
4) Seduction
5) Acts of
lasciviousness
Imputation of of a vice May be prosecuted de
or defect, real or oficio
imaginary, or any act,
omission, status or
circumstance
Article 360
Persons responsible. - Any person who shall publish,
exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be
responsible for the same.
The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper,
magazine or serial publication, shall be responsible
for the defamations contained therein to the same
extent as if he were the author thereof.
The criminal and civil action for damages in cases of
written defamations as provided for in this chapter,
shall be filed simultaneously or separately with the
court of first instance of the province or city where
the libelous article is printed and first published or
where any of the offended parties actually resides at
the time of the commission of the offense: Provided,
however, That where one of the offended parties is
a public officer whose office is in the City of Manila
at the time of the commission of the offense, the
action shall be filed in the Court of First Instance of
the City of Manila, or of the city or province where
the libelous article is printed and first published, and
in case such public officer does not hold office in the
City of Manila, the action shall be filed in the Court
of First Instance of the province or city where he
held office at the time of the commission of the
offense or where the libelous article is printed and
first published and in case one of the offended
parties is a private individual, the action shall be filed
in the Court of First Instance of the province or city
where he actually resides at the time of the
commission of the offense or where the libelous
matter is printed and first published: Provided,
further, That the civil action shall be filed in the same
court where the criminal action is filed and vice
versa: Provided, furthermore, That the court where
the criminal action or civil action for damages is first
filed, shall acquire jurisdiction to the exclusion of
other courts: And, provided, finally, That this
amendment shall not apply to cases of written
defamations, the civil and/or criminal actions which
have been filed in court at the time of the effectivity
of this law.
Preliminary investigation of criminal action for
written defamations as provided for in the chapter
shall be conducted by the provincial or city fiscal of
the province or city, or by the municipal court of the
city or capital of the province where such action may
be instituted in accordance with the provisions of
this article.
No criminal action for defamation which consists in
the imputation of a crime which cannot be
prosecuted de oficio shall be brought except at the
instance of and upon complaint expressly filed by
the offended party. (As amended by R.A. 1289,
approved June 15, 1955, R.A. 4363, approved June
19, 1965).
Persons responsible for libel
1) The person who publishes, exhibits or causes
the publication or exhibition of any defamation
in writing or similar means. (Art. 360, par 1)
2) The author or editor of a book or pamphlet.
3) The editor or business manager of a daily
newspaper magazine or serial publication. (Art
360, par 2)
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.
Lack of participation and knowledge in the
preparation of libelous articles does not shield
the persons responsible for libel from liability. It
is not a matter of whether they conspired in
preparing and publishing the subject articles,
because the law simply so states that they are
liable as they were the author.
The Revised Penal Code | VENTEROSO | 191
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Agbayani v. Sayo
Rules in venue of criminal and civil actions for damages in case
of written defamations
1) Whether the offended party is a public official
or a private person, the criminal action may be
filed in the Court of First Instance of the
province or city where the libelous article is
printed and first published.
2) If the offended party is a private individual,
the criminal action may also be filed in the
Court of First Instance of the province where
he actually resided at the time of the
commission of the offense.
3) If the offended party is a public officer whose
office is in Manila at the time of the
commission of the offense, the action may be
filed in the Court of First Instance of Manila.
4) If the offended party is a public officer
holding office outside of Manila, the action
may be filed in the Court of First Instance of
the province or city where he held office at the
time of the commission of the offense.
 Libel is an exception to the venue of courts
in the Rules of Court
Other rules in jurisdiction
1) The civil action shall be filed in the same
court where the criminal action is filed and
vice versa.
2) The court where the criminal action or civil
action for damages is first filed shall
acquire jurisdiction to the exclusion of
other courts.
Damages in defamation
 Actual damages need not be proved, at least
where the publication is libelous per se or when
the amount of the award is more or less
nominal.
 An action for exemplary damages in libel may
be awarded if the action is based on quasi-delict
 No remedy for damages for slander or libel in
case of absolutely privileged communication
Article 361
Proof of the truth. - In every criminal prosecution for
libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous
is true, and, moreover, that it was published with
good motives and for justifiable ends, the
defendants shall be acquitted.
Proof of the truth of an imputation of an act or
omission not constituting a crime shall not be
admitted, unless the imputation shall have been
made against Government employees with respect
to facts related to the discharge of their official
duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
Proof of truth
 cannot be made to rest upon mere hearsay,
rumors or suspicion
 must rest upon positive, direct evidence upon
which a definite finding may be made by the
Court
When proof of truth is admissible
1) When the act or omission imputed
constitutes a crime regardless of whether the
offended party is a private individual or a
public officer.
2) When the offended party is a Government
employee, even if the act or omission imputed
does not constitute a crime, provided, it is
related to the discharge of his official
duties.
Three requisites of defense in defamation
1) If it appears that the matter charged as libelous
is true
2) It was published with good motives
3) And for justifiable ends
Retraction
 may mitigate the damages
 should contain an admission of the falsity of
the libelous publication and evince a desire to
repair the wrong occasioned thereby
 That the publication of the article was an
honest mistake is not a complete defense but
serves only to mitigate damages where the
article is libelous per se
Article 362
Libelous remarks. - Libelous remarks or comments
connected with the matter privileged under the
provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal
liability.
 the author or the editor of a publication who
distorts, mutilates or discolors the official
proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter.
CHAPTER TWO INCRIMINATORY
MACHINATIONS
Article 363
Incriminating innocent person. - Any person who, by any
act not constituting perjury, shall directly incriminate
or impute to an innocent person the commission of
a crime, shall be punished by arresto mayor.
The Revised Penal Code | VENTEROSO | 192
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements
1) That the offender performs an act.
2) That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime.
3) That such act does not constitute perjury.
Incriminating
innocent person
Art 363
Performing an act by
which the offender
directly incriminates or
imputes to an innocent
person the commission
of a crime
Limited to the act of
planting evidence and
the like, in order to
incriminate an innocent
person
Perjury
Incriminatory
machinations
Art 363, 364
Defamation
Offender does not avail
himself of written or
spoken words in
besmirching the victim's
reputation
Art 183, 184
The gravamen of the
offense is the
imputation itself, falsely
made
Giving of false
statement under oath or
the making of a false
affidavit, imputing to a
person the commission
of a crime
Art 355, 356, 357, 358,
359
The imputation made by
the offender must be
public and malicious,
and, besides, must be
calculated to cause the
dishonor, discredit or
contempt
of
the
aggrieved party
 It is akin to slander by deed, in that the
offender does not avail directly of written or
spoken words, pictures or caricatures to
ridicule his victim but of some ingenious, crafty
and secret plot, producing the same effect.
Intriguing against
honor
Art 364
Offender resorts to an
intrigue for the purpose
of blemishing the honor
or reputation of another
person
Incriminating
innocent person
Art 363
Offender performs an
act by which he directly
incriminates or imputes
to an innocent person
the commission of a
crime
Intriguing against
honor
Art 364
Source or the author of
the derogatory
information cannot be
determined and the
defendant borrows the
same and, without
subscribing to the truth
thereof, passes it to
others
Slander
Art 358
Source of the
information can be
pinpointed and
definitely determined
Other circumstances
Circumstances
Incriminating an innocent
person through unlawful
arrest
Effect/applicable
provisions
COMPLEX CRIME OF
INCRIMINATING AN
INNOCENT PERSON
AND UNLAWFUL
ARREST
RA 9165 should apply if the evidence planted is drugs
Sec 29, RA 9165
Comprehensive Dangerous Drugs Act of 2002
Section 29. Criminal Liability for Planting of
Evidence. – Any person who is found guilty of
"planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.
Article 364
Intriguing against honor. - The penalty of arresto menor or
fine not exceeding Twenty thousand pesos
(₱20,000) shall be imposed for any intrigue which
has for its principal purpose to blemish the honor or
reputation of a person.
Intriguing against honor
 Intriguing against honor is any scheme or plot
by means which consist of some trickery
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TITLE XIV
QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL
NEGLIGENCE
Article 365
Imprudence and negligence.— Any person who, by
reckless imprudence, shall commit any act which,
had it been intentional, would constitute a grave
felony, shall suffer the penalty of arresto mayor in its
maximum period to prisión correccional in its medium
period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum
and medium periods shall be imposed; if it would
have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed.
Any person who, by simple imprudence or
negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine
ranging from an amount equal to the value of said
damages to three (3) times such value, but which
shall in no case be Less than Five thousand pesos
(₱5,000).
A fine not exceeding Forty thousand pesos
(₱40.000) and censure shall be imposed upon any
person, who, by simple imprudence or negligence,
shall cause some wrong which, if done maliciously,
would have constituted a light felony.
In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the
rules prescribed in Article 64.
The provisions contained in this article shall not be
applicable:
1) When the penalty provided for the offense is
equal to or lower than those provided in the
first two (2) paragraphs of this article, in
which case the court shall impose the penalty
next lower in degree than that which should
be imposed in the period which they may
deem proper to apply.
2) When, by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused, in which
case the defendant shall be punished by
prisión correccional in its medium and
maximum periods.
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.
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.
The penalty next higher in degree to those provided
for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties
such help as may be in his hands to give.
4 ways to commit quasi-offenses
1) By committing through reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or
light felony. (Par 1)
2) By committing through simple imprudence
or negligence an act which would otherwise
constitute a grave or a less serious felony.
(Par 2)
3) By causing damage to the property of another
through reckless imprudence or simple
imprudence or negligence. (Par 3)
4) By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony. (Par 4)
Characteristics of/rules on quasi-offenses
1) Quasi-offenses are distinct species of crime
and they are dealt with separately from willful
offenses. It not a mere question of
classification or terminology.
Intentional crimes Quasi-offenses
The act itself is What is principally
punished
penalized is the
mental attitude or
condition behind
the
act,
the
dangerous
recklessness, lack of
care or foresight; the
“imprudencia punible."
2) The actual penalty for criminal negligence
bears no relation to the individual willful crime,
but is set in relation to a whole class, or series
of crimes.
3) The technically correct way to allege quasioffenses is to state that their commission
results in damage, either to person or property
4) If resulted to damage of property, only fines
and not imprisonment
5) The measure of the damage should be the
difference in value of the property immediately
before the incident and immediately after the
repair
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6) Art 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
committed through negligence. The courts
must have ample discretion in its imposition,
without being bound by what we may call the
mathematical formula provided for in Article
64
7) Defendant is not criminally liable for the death
or injuries caused by his recklessly negligent
acts to trespassers whose presence in the
premises he was not aware of
8) Negligence in civil law v. criminal law
Criminal law
Civil law
Does not draw a well- 1) Culpa Contractual defined demarcation
arising
from
line between negligent
contractual
acts that are delictual
obligations
and those which are 2) Culpa Aquiliana –
quasi-delictual
quasi-delicts
3) Culpa Criminal –
arising from crimes
Imprudence v. negligence
Imprudence
Negligence
Lack of skill - deficiency Lack of foresight - a
of action/ failure in
deficiency of
precaution
perception/ failure in
advertence
May be avoided by
May be avoided by
taking the necessary
paying proper attention
precaution once they are and using due diligence
foreseen
in foreseeing them
Definitions
1) 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. [Art 365 (8)]
2) 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.
RECKLESS IMPRUDENCE/NEGLIGENCE
Elements of reckless imprudence
1) That the offender does or fails to do an act.
2) That the doing of or the failure to do that act
is voluntary.
The
act
is
not
voluntary
when
(EXEMPTING/JUSTIFYING
CIRCUMSTANCES)
 accused is compelled to do the act or is
prevented from doing the act by means
of irresistible force or because of
uncontrollable fear (Art 12, pars 5
and 6),

or if he is an insane or a minor under
fifteen years old or 15-18 years old
with no discernment (Art 12, pars 1
and 2, as amended by RA 9344)
 if the act is a mere accident
3) That it be without malice.
 Criminal negligence presupposes lack
of intention to commit the wrong
done, but that it came about due to
imprudence on the part of the offender
Unintentional
Intentional
Hate, revenge,
other evil
motive
Reckless
imprudence/negligence
Willful crime
Malicious mischief
4) That material damage results.
Cabugao v. People
Medical malpractice
To be sure, whether or not a physician has
committed an inexcusable lack of precaution in
the treatment of his patient is to be determined
according to the standard of care observed by
other members of the profession bearing in
mind the advanced state of the profession at
the time of treatment or the present state of
medical science.
5) That there is inexcusable lack of precaution
on the part of the offender, taking into
consideration —
a) his employment or occupation;
People v. Castillo
The profession of pharmacy demands care
and skill; and druggists must exercise care
of a specially high degree, the highest
degree of care known to practical men, so
that human life may not constantly be
exposed to the danger flowing from the
substitution of deadly poisons for harmless
medicines.
b) degree of intelligence, physical
condition; and
c) other circumstances regarding persons,
time and place.
RULES ON TRAFFIC
 Where no statute or ordinance
governs the matter, that the vehicle
first entering an intersection is
entitled to the right of way, and it
becomes the duty of the other
vehicle likewise approaching the
intersection to proceed with
sufficient care to permit the
exercise of such right without the
danger of collision
 Speed limits or driving within a
certain speed limit is not a guaranty
of due care. The degree of care
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
required
depends
upon
circumstances and conditions at a
particular time
RA 4136
Land Transportation and Traffic Code
Applies only where vehicles are approaching the
intersection at approximately same time and not
where one of the vehicles enter the junction
substantially in advance of another
Section 42. Right of way.
(a) When two vehicles approach or enter an
intersection at approximately the same time, the
driver of the vehicle on the left shall yield the right
of way to the vehicle on the right, except as otherwise
hereinafter provided. The driver of any vehicle
traveling at an unlawful speed shall forfeit any
right of way which he might otherwise have
hereunder.
(b) The driver of a vehicle approaching but not having
entered an intersection, shall yield the right of way to a
vehicle within such intersection or turning therein
to the left across the line of travel of such firstmentioned vehicle, provided the driver of the vehicle
turning left has given a plainly visible signal of
intention to turn as required in this Act.
(c) The driver of any vehicle upon a highway within
a business or residential district shall yield the right
of way to a pedestrian crossing such highway
within a crosswalk, except at intersections where
the movement of traffic is being regulated by a
peace officer or by traffic signal. Every pedestrian
crossing a highway within a business or residential
district, at any point other than a crosswalk shall yield
the right of way to vehicles upon the highway.
(d) The driver of a vehicle upon a highway shall bring
to a full stop such vehicle before traversing any
"through highway" or railroad crossing: Provided,
That when it is apparent that no hazard exists, the
vehicle may be slowed down to five miles per hour
instead of bringing it to a full stop.
Police and other emergency vehicles
Section 49. Right of way for police and other emergency
vehicles. - Upon the approach of any police or fire
department vehicle, or of an ambulance giving
audible signal, the driver of every other vehicle shall
immediately drive the same to a position as near as
possible and parallel to the right-hand edge or
curb of the highway, clear of any intersection of
highways, and shall stop and remain in such
position, unless otherwise directed by a peace officer,
until such vehicle shall have passed.
Motor vehicles
Section 37. Driving on right side of highway. - Unless a
different course of action is required in the interest of
the safety and the security of life, person or property,
or because of unreasonable difficulty of operation in
compliance herewith, every person operating a
motor vehicle or an animal-drawn vehicle on a
highway shall pass to the right when meeting
persons or vehicles coming toward him, and to the
left when overtaking persons or vehicles going the
same direction, and when turning to the left in going
from one highway to another, every vehicle shall be
conducted to the right of the center of the intersection
of the highway.
Overtaking
Section 41. Restrictions on overtaking and passing.
(a) The driver of a vehicle shall not drive to the left side
of the center line of a highway in overtaking or passing
another vehicle proceeding in the same direction,
unless such left side is clearly visible, and is free of
oncoming traffic for a sufficient distance ahead to
permit such overtaking or passing to be made in
safety.
(b) The driver of a vehicle shall not overtake or pass
another vehicle proceeding in the same direction,
when approaching the crest of a grade, not upon a
curve in the highway, where the driver's view along
the highway is obstructed within a distance of five
hundred feet ahead, except on a highway having two
or more lanes for movement of traffic in one direction
where the driver of a vehicle may overtake or pass
another vehicle: Provided, That on a highway within a
business or residential district, having two or more
lanes for movement of traffic in one direction, the
driver of a vehicle may overtake or pass another vehicle
on the right.
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 mischievous
results, and the failure to do so constitutes
negligence.
Basis for determining the inexcusable lack of
precaution [Art 365 (8)]
In determining the inexcusable lack of precaution on
the part of the offender, the court must consider the
1) employment or occupation,
2)degree of intelligence and physical condition
of the offender, and
3)other circumstances regarding persons, time,
and place
Reckless imprudence v. force majeure
Reckless imprudence Force majeure
Failure to use
Events which cannot be
reasonable care to
foreseen, or which being
prevent injury, where
foreseen is inevitable
immediate personal
It implies an
harm or damage to
extraordinary
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
property, preventable by circumstance
the exercise of
independent of the will
reasonable care, is
of the actor
threatened upon
another by reason of the
course of conduct about
to be pursued by the
actor
Rules on reckless imprudence or negligence
1) Tire blowout – if it is a mechanical defect
which can easily be discoverable had the
vehicle been subjected to a more thorough or
rigid checkup before it took the road, then it is
RECKLESS IMPRUDENCE
2) Failure to detect mechanical defect – if
accused driver assumed the duty of inspecting
the vehicle, RECKLESS NEGLIGENCE
3) Accidents due to failure of brakes – NOT
NEGLIGENCE, if the driver did not know
or could not have known that the brakes were
defective
Other circumstances
Circumstances
Prior conviction or
acquittal of reckless
imprudence
Contributory negligence
Effect/applicable
provisions
BARS SUBSEQUENT
PROSECUTION FOR
THE SAME QUASIOFFENSE, regardless of
the consequences alleged
for the charges
*constitutionally impermissible
under the double jeopardy
clause
not a defense* — only
MITIGATES criminal
liability
*one cannot allege the negligence
of another to evade his own
negligence
Where the concurrent or
successive negligent acts
or omission of two or
more persons, although
acting independently of
each other are, in
combination, the direct
and proximate cause of a
single injury to a third
person, and it is
impossible to determine in
what proportion each
contributed to the injury
A person violating a traffic
regulation
XPN: When the
proximate cause of the
death is the negligence of
the deceased himself
EITHER IS
RESPONSIBLE FOR
THE WHOLE INJURY
PRESUMED
NEGLIGENCE*
*negligence cannot be predicated
upon the mere fact of minority
or lack of an operator's license
Failure to help on the spot
QUALIFYING
CIRCUMSTANCE* –
penalty one degree
higher
*must be alleged
SIMPLE IMPRUDENCE/NEGLIGENCE
Elements of simple imprudence
1) That there is lack of precaution on the part of
the offender.
2) That the damage impending to be caused is not
immediate or the danger is not clearly
manifest.
EXCEPTIONS OF ART 365
1) When the penalty provided for the offense is
equal to or lower than those provided in the
first two paragraphs of this article (Art. 365),
in which case the courts shall impose the
penalty next lower in degree than that which
should be imposed, in the period which they
may deem proper to apply.
Example: The penalty of arresto mayor in its
minimum and medium periods is provided in
the first paragraph of Art. 365 for committing
any act which, had it been intentional, would
constitute a less grave felony. This penalty
should not be imposed if less serious physical
injuries are caused to the offended party
through reckless imprudence, because the
penalty for less serious physical injuries
committed with malice is arresto mayor. In such
case, the penalty of arresto menor, which is
next lower in degree than arresto mayor,
should be imposed to preserve the
difference between the penalty for
intentional felony and that for culpable
felony.
2) When, by imprudence or negligence and with
violation of the Automobile Law, the death of
a person shall be caused, in which case the
defendant shall be punished by prision
correccional in its medium and maximum
periods.
Sec 56(n) RA 4136
Land Transportation and Traffic Code
Section 56(n). If, as the result of negligence or
reckless or unreasonable fast driving, any
accident occurs resulting in death or injury of
any person, the motor vehicle operator at fault
shall, upon conviction, be punished under
the provisions of the Revised Penal Code.
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
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FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
The rule is stated thus: An automobile driver who, by
the negligence of another and not by his own
negligence, is 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.
 applicable only where the situation which arises
to confront the actor is sudden and
unexpected, and is such as to deprive him of
all opportunity for deliberation
Doctrine of last clear
chance
There is ample or clear
opportunity to avoid the
circumstance
Emergency rule
The situation is sudden
and unexpected such as
to deprive him of all
opportunity for
deliberation
Failure to lend help
Failure to lend on the
spot help
Abandonment of
person in danger and
abandonment of one's
own victim
Art 365 (10)
Art 275 (2)
The person in need of The person in need of
help is not his victim of help is one’s own victim
his negligence
who he accidentally
wounded or injured
Medical malpractice
 there must be proof of breach of duty on the
part of the surgeon as well as a causal
connection of such breach and the resulting
death of the patient
 other doctors will testify as to the standard of
care needed for a particular circumstance
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