ESSENTIALS

OF CRIMINAL
LAW MEMORY
AID

TABLE OF REQUISITES AND ELEMENTS — REVISED PENAL CODE

BOOK 1 AND 2, & SELECTED SPECIAL PENAL LAWS
CONTENT SOURCED FROM PROF. REYES’ AND BOADO’S
BOOK

IT BEGINS WITH FAITH & CONVICTION, PERSEVERES WITH HARD WORK & DISCIPLINE, AND
ENDS WITH AN IMPASSIONED TRIUMPH WITHIN , WHEN WE REALIZE THAT WE CAN DO ANYTHING
[SEE EPH. 3:20]

#EMBRACETHEGRIND
FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW 3

FELONIES AND CRIMINAL LIABILITY 5

CIRCUMSTANCES WHICH MODIFY CRIMINAL LIABILITY 9

TITLE 1 — CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 29

TITLE 2 — CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 32

TITLE 3 — CRIMES AGAINST PUBLIC ORDER 34

TITLE 4 — CRIMES AGAINST PUBLIC INTEREST 41

TITLE 5 — CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS 47

TITLE 6 — CRIMES AGAINST PUBLIC MORALS 50

TITLE 7 — CRIMES COMMITTED BY PUBLIC OFFICERS 53

TITLE 8 — CRIMES AGAINST PERSONS 61

TITLE 9 — CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 67

TITLE 10 — CRIMES AGAINST PROPERTY 72

TITLE 11 — CRIMES AGAINST CHASTITY 83

TITLE 12 — CRIMES AGAINST THE CIVIL STATUS OF PERSONS 86

TITLE 13 — CRIMES AGAINST HONOR 87

TITLE 14 — QUASI-OFFENSES 89

CLARENCE TIU CRIMINAL

ATENEO LAW 4B-2017 2 OF 89 LAW
MEMORY AID
 FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

CONCEPT
CONCEPT NOTES

DEFINITION AND SOURCES Criminal law is that branch of public law which —
OF CRIMINAL LAW 1. Defines crimes
(ART. 1, 10) 2. Treats of its nature; and
3. Provides for its punishment
Sources of Criminal Law —
1. The Revised Penal Code (Act. No. 3815) as amended
‣ The RPC is the general governing penal law, it took effect on January 1, 1932 (Art. 1), but it is
supplementary to special penal laws enacted thereafter. (Art. 10)
2. Special Penal Laws

CONSTITUTIONAL 1. Prohibition on ex post facto laws and bills of attainder

LIMITATIONS ON CRIMINAL 2. Substantive and Procedural Due Process must be satisfied
LAWS 3. Penal laws must have general and equal application (Generality)
4. Prohibition on Cruel and Unusual Punishment or Excessive Fines
(BILL OF RIGHTS)

EX-POST FACTO LAWS An ex post facto law is one which either —

1. Makes criminal an act done before the passage of the law and which was innocent when done, and
punishes such an act
2. Aggravates a crime, or makes it greater than it was, when committed
3. Prescribes greater punishment for a crime already committed
4. Alters the legal rules of evidence so as to make ti substantially easier to convict a defendant
5. Alters, in relation to the offense or its consequences, the situation of the person, to his disadvantage
6. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right
for something which when done was lawful
7. Deprives a person accused of a crime some lawful protection to which he has become entitled, such as
the protection of a former conviction or acquittal or a proclamation of amnesty
8. Gives a law retroactive application to the prejudice of the accused

BILL OF ATTAINDER A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution
of a legislative act for a judicial determination of guilt. (People vs Ferrer)

REPEAL AND AMENDMENTS 1. Absolute, Total or Express Repeal

TO PENAL LAWS ‣ The act or omission is decriminalised so that if case is pending, it shall be dismissed whether the
accused is a habitual delinquent or not because there is no more crime for which he should be tried.
If here were already convicted and/or serving sentence, he shall be released if he is not a habitual
delinquent or unless the law provides that detention is to continue.
2. Partial, Relative, or Implied Repeal or Repeal by Re-enactment
‣ The first law will govern if the accused is a habitual delinquent or if the favourable second law
prohibits retroactivity. While the second law will govern it favourable to the offender who is not a
habitual delinquent or the law is silent as to its retroactivity.

CHARACTERISTICS OF PENAL 1. Generality

LAWS 2. Territoriality
3. Prospectivity

GENERALITY OF PENAL RULE — Penal laws are binding on all persons who reside or sojourn in the Philippines whether citizens or not.
LAWS ‣ EXCEPTIONS — Under the following cases, a person may be exempt from liability —
(ART. 14, NCC; EQUAL 1. Laws of Preferential Application
PROTECTION CLAUSE) 2. Principles of public international law
3. Treaty stipulations
 CONCEPT NOTES

TERRITORIALITY OF PENAL RULE — The law is applicable to all crimes committed within the limits of the Philippine Territory.
LAWS ‣ EXCEPTIONS — It is also enforceable outside the Philippine jurisdiction, against those who —
(ART. 2) 1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

PROSPECTIVITY OF PENAL Laws have prospective application unless they are favourable to the offender who is not a habitual
LAWS delinquent.

CLASSIFICATION OF CRIMES AS TO ITS NATURE

CRIMES MALA IN SE CRIMES MALA PROHIBITA

BASIS OF The basis of criminal liability is the The basis of criminal liability is the offender’s voluntariness, hence,
CRIMINAL offender’s moral trait, hence good faith or good faith or lack of criminal intent is not accepted as a defense,
LIABILITY lack of criminal intent is a defense. Intent unless this is an element of the crime. The only inquiry is whether the
governs law has been violated.

MATERIALITY OF Modifying circumstances are taken into Modifying circumstances are not considered because the law intends
MODIFYING account in imposing the penalty on the to discourage the commission of the act specially prohibited. It does
CIRCUMSTANCES
offender precisely because his moral trait is not involve perversity or lack of it by the offender which is the basis
the basis of this crime for the aggravation or mitigation of the penalty

DEGREE OF The degree of participation determines the The degree of participation of the offenders does not affect their
PARTICIPATION penalty imposable based on whether he is a liability, hence, the penalty on all of them are the same whether they
principal, accomplice or accessory are principals or merely accomplices or accessories.

STAGES OF The stage of accomplishment affects the The stage of accomplishment considered is only when the crime is
CRIMINAL penalty imposed thus the penalty depends accomplished or consummated. There is no attempted or frustrated
LIABILITY on whether the crime is consummated, stage because it is the commission of the act itself that is prohibited
frustrated, or attempted and also since intent which is inherent in attempted/frustrated stage
is not an element. Like culpa, mala prohibita is always consummated

MORAL Generally, involve moral turpitude Generally, do not involve moral turpitude
TURPITUDE

SOURCE OF LAW Generally are punishable under the RPC Generally, cover violations of special penal laws

CLASSIFICATION OF CRIMES IN GENERAL

AS TO ITS NATURE AS TO MEANS OF AS TO THE STAGE OF AS TO THE GRAVITY AS TO THE APPLICATION OF

COMMISSION EXECUTION (ART. 9) SPECIAL PENALTIES
(ART. 3) (ART. 6)

1. Mala in se 1. Dolo or felonies 1. Attempted 1. Grave felonies 1. Simple

2. Mala prohibita committed with malice 2. Frustrated 2. Less grave 2. Compound
2. Culpa or those 3. Consummated felonies 3. Complex
3. Light felonies 4. Composite
committed by without
5. Special Complex
malice and by means of 6. Continued
fault 7. Continuing
 FELONIES AND CRIMINAL LIABILITY

CONCEPT NOTES/ELEMENTS

FELONIES 1. A voluntary act or omission

(ART. 3) 2. Such is punishable by the Revised Penal Code
3. Such act is performed or omission incurred by means of deceit (dolo) or fault (culpa)

KINDS OF FELONIES AS TO 1. Intentional Felonies—With malice and deliberate criminal intent, it is the intentional doing of a wrong
THE MEANS OF 2. Culpable Felonies — Without malice and deliberate criminal intent, it is by mere fault, or by
COMMISSION imprudence, negligence, lack of foresight, or lack of skill.
(ART. 3)

INTENTIONAL FELONIES 1. Voluntariness or freedom of action

2. Intelligence
3. Intent

CULPABLE FELONIES 1. Voluntariness or freedom of action

2. Intelligence
3. Negligence, imprudence, lack of foresight, or lack of skill

SPECIAL FACTORS 1. Mistake of Fact — Negates criminal liability, akin to a justifying circumstance under Art. 11
AFFECTING INTENT AND 2. Aberratio Ictus (Mistake in Blow) — Generally increases criminal liability, as a complex crime (Art. 48)
3. Error in personae (Mistake in Identity) — May or may not lower criminal liability depending on whether
CRIMINAL LIABILITY
the actual crime committed and the intended crime are of equal or different gravity (Art. 49)
4. Praeter Intentionem (No intent to cause so grave a wrong as that committed) — Lowers criminal liability
as a mitigating circumstance under Art. 13
5. Proximate Cause (The cause of the cause is the cause of the evil caused) — Gives rise to criminal
liability by analogy to Art. 4, par. 1

MISTAKE OF FACT 1. That the act done would have been lawful had the facts been as the accused believed them to be
2. That the intention of the accused in performing the act should be lawful
3. That the mistake must be without fault (imprudence or negligence) on the part of the accused

ABERRATIO ICTUS In aberratio ictus or error in the victim of the blow, the offender intends the injury on one person but the harm
(MISTAKE IN BLOW) fell on another. There are three persons present when the crime occurred:
1. Offender
2. Intended victim
3. Actual victim

ERROR IN PERSONAE In error in personae or mistake in the identity, the offender committed a mistake in ascertaining the identity
(MISTAKE IN IDENTITY) of the victim. The only two persons present here: the offended and the actual but unintended victim.

PRAETER INTENTIONEM In praeter intentionem, the injury is on the intended victim but the resulting injury or wrong is so grave than what
(NO INTENT TO CAUSE SO was intended.There is a great disparity between the intended felony and the actual felony committed.
GRAVE A WRONG AS THAT
COMMITTED)

PROXIMATE CAUSE 1. That the wrong done to the victim be the direct, natural, and logical consequence of the felony
committed by the offender, although it was different from that which he intended
2. Proximate cause is that cause which, in its natural and continuous sequence, unbroken by an efficient
intervening cause, produces the injury, and without which the result would not have occurred.
3. Any person who creates in another’s mind an immediate sense of danger, which causes the latter to do
something resulting in the latter’s injuries, is liable for such injuries.
 SPECIAL FACTORS ON INTENT AND CRIMINAL LIABILITY

FACTOR EFFECT ON INTENT EFFECT ON CRIMINAL LIABILITY

MISTAKE OF FACT No criminal intent No criminal liability

ABERRATIO ICTUS Intended result falls on another person Increases criminal liability which generally result to complex
(MISTAKE IN BLOW) or may be in addition to the injury on crime (Art. 48)
the intended victim

ERROR IN PERSONAE Intended result falls on another due to Mitigates criminal liability if the resulting crime is greater than
(MISTAKE IN IDENTITY) the error in the identity of the victim intended (such as parricide when what was intended was
merely homicide) (Art. 49) No effect on criminal liability if the
resulting crime is the same as that intended. (Art. 49)

PRATER INTENTIONEM Actual crime is greater than that Mitigates criminal liability (Art. 13)
(NO INTENT TO CAUSE A intended
WRONG AS THAT
COMMITTED)

PROXIMATE CAUSE Results in crime although not intended Results in criminal liability to the actor whether acting with
intent or through negligence

CONCEPT NOTES/ELEMENTS
CONCEPT
CRIMINAL LIABILITY Criminal Liability is incurred in either of two ways —
(ART. 4) 1. By any person committing a felony (although the wrongful act done be different from that which he
intended)
2. By any person performing an act which would be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means. (Impossible Crime)

CRIMINAL LIABILITY BY ANY ‣ A person who commits a felony is responsible for all the consequences which may naturally and
PERSON COMMITTING A logically result therefrom, whether foreseen or intended or not
FELONY (ART. 4, PAR. 1) ‣ Elements —
1. A person is committing a felony
2. That the wrong done to the victim be the direct, natural, and logical consequence of the felony
committed by the offender, although it was different from that which he intended

IMPOSSIBLE CRIME 1. That the act performed would be an offense against persons or property
(ART. 4, PAR. 2) 2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual
4. That the act performed should not constitute a violation of another provision of the RPC.

ACTS WHICH SHOULD BE Whenever an accused has committed an act not punishable by law, but should be repressed, as deemed
REPRESSED BUT ARE by the court, it shall render the proper decision and acquit the accused. It shall report to the Chief
NOT PUNISHED BY LAW Executive, through the Department of Justice, the reasons which induce the court to believe that said act
(ART. 5, PAR. 1) should be made the subject of legislation.

CASES OF EXCESSIVE In case the court finds the accused guilty, but the penalty is clearly excessive, it shall submit a statement
PENALTIES to the Chief Executive through the Department of Justice, a recommendation of executive clemency
(ART. 5, PAR. 2)
 CONCEPT NOTES/ELEMENTS

STAGES OF DEVELOPMENT 1. Stage of Internal Acts — not punishable

OF A CRIME 2. Stage of External Acts
a. Preparatory Acts — generally, not punishable
‣ EXCEPT — In these instances, preparatory acts are punishable —
i. When the law provides for their punishment (Art. 8)
ii. When the preparatory acts are considered by law as independent crimes by themselves
b. Acts of Execution/Overt Acts — punishable

STAGES OF EXECUTION 1. Attempted — A felony is attempt when the offender commences the commission of a felony directly by
(ART. 6) overt acts, and does not perform all the acts of execution which should produce the felony by some cause
or accident other than his own spontaneous desistance.
2. Frustrated — A felony is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator
3. Consummated — A felony is consummated when all the elements necessary for its execution and
accomplishment are present.

ATTEMPTED FELONIES 1. The offender commences the commission of the felony directly by overt acts
(ART. 6) 2. He does not perform all the acts of execution which should produce the felony
3. The non-performance of all the acts of execution was due to cause or accident other than his own
spontaneous desistance

FRUSTRATED FELONIES 1. The offender performs all the acts of execution

(ART. 6) 2. All the acts performed would produce the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the will of the offender

CONSUMMATED FELONIES When all the elements necessary for its execution and accomplishment are present, the crime is
(ART. 6) consummated

CLASSIFICATION OF CRIMES 1. Material felonies — Those which can be committed in any of the three stages of execution
AS TO THE MANNER OF 2. Formal felonies — Those which are always consummated (cannot be committed in the attempted and
COMMISSION IN RELATION frustrated stage)
TO THE STAGES OF a. Felonies punished on the basis of the result or gravity and the result cannot be determine
without first consummating the offense
EXECUTION
b. Felonies consummated by a single act, in one instant
c. Felonies by omission
d. Felonies consummated by mere attempt or proposal or by overt act
e. Impossible Crimes
3. Felonies which cannot be committed in the frustrated stage (only attempted or consummated)
a. Corruption of Public Officers
b. Adultery
c. Rape (People v. Clopino 1998)
d. Theft and Robbery (Valenzula vs People 2007)

WHEN FELONIES ARE RULE — All felonies are punishable, in whatever stage of criminal execution (Art. 6)
PUNISHABLE (AS TO THE ‣ EXCEPT — Light felonies are punishable only when they have been consummated (Art. 7)
STAGE OF EXECUTION) ‣ EXCEPTION TO EXCEPTION — Light felonies committed against person or property are punishable in
(ART. 6, 7) whatever stage (Art. 7)

CONSPIRACY AND RULE — Conspiracy and proposal to commit felony are NOT punishable
PROPOSAL TO COMMIT ‣ EXCEPT — They are punishable only in the cases in which the law specially provides a penalty therefor
FELONIES
(ART. 8)
 CONCEPT NOTES/ELEMENTS

CONSPIRACY TO COMMIT A 1. That two or more persons came to an agreement

FELONY 2. That the agreement concerned the commission of a felony
3. That the execution of the felony was decided upon

PROPOSAL TO COMMIT A 1. That a person has decided to commit a felony

FELONY 2. That he proposes its execution to some other persons

KINDS OF CONSPIRACY 1. Conspiracy as a crime in itself

2. Conspiracy as a means of incurring criminal liability or committing a crime

CONSPIRACY AS A MEANS 1. Express Conspiracy — By pre-agreement or planning

OF COMMITTING A CRIME 2. Implied Conspiracy — Implied from the concerted acts of the offenders

EXISTENCE OF A TEST — Whether the acts of the offenders show unity in design and common purpose aimed at the
CONSPIRACY attainment of the same object, to commit a particular crime

RULE OF COLLECTIVE RULE — When conspiracy is established, all who participated therein, irrespective of the quantity and
CRIMINAL LIABILITY quality of his participation is liable equally and collectively for the all acts committed by the co- conspirators.
The act of one is the act of all.
‣ EXCEPT — When only one or some of the conspirators committed another crime, which is not part of
the intended crime, only they are liable for such acts.
‣ EXCEPTION TO EXCEPTION — In the following cases, even if the crime committed was not part of the
intended conspiracy, all the co-conspirators are liable —
1. When the other crime was committed in their presence and they did not prevent its commission
indicating their approval thereof
2. When the other crime is the natural consequence of the crime planned

FELONIES ACCORDING TO 1. Grave Felonies — capital punishment and afflictive penalties

THEIR GRAVITY 2. Less Grave Felonies — correctional penalties
(ART. 9) 3. Light Felonies — arrest menor or a fine not exceeding 200 pesos or both (includes fine exactly P200)

SIGNIFICANCE OF ‣ The classification into grave, less grave or light is important to determine —
CLASSIFYING FELONIES AS 1. Whether a complex crime was committed, which requires grave or less grave felonies (Art. 48)
TO GRAVITY
2. The duration of the subsidiary penalty to be imposed (Art. 39, No. 2)
3. The duration of the detention in case of failure to post bond to keep the peace (Art. 35)
4. Whether the crime has prescribed (Art. 90)
5. Whether or not there is delay in the delivery of detained persons to the judicial authority (Art. 125)
6. The proper penalty for quasi-offenses (Art. 365)

CLASSIFICATION OF FELONIES ACCORDING TO THEIR GRAVITY

PENALTY PRESCRIBED BY LAW CLASSIFICA TION OF PENALTIES

(ART. 9) (ART. 25)

1. GRAVE FELONIES 1. Capital punishment, or 1. Reclusion perpetua

2. Afflictive penalties 2. Reclusion temporal
3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
5. Prison mayor

2. LESS GRAVE Correctional penalties 1. Prision correccional

FELONIES 2. Arresto mayor

3. Suspension
4. Destierro

3. LIGHT FELONIES 1. Arresto menor,

2. Fine not exceeding 200 pesos (including exactly P200), or both
 CIRCUMSTANCES WHICH MODIFY CRIMINAL LIABILITY
OVERVIEW OF MODIFYING CIRCUMSTANCES

MODIFYING CIRCUMSTANCE EFFECT ON CRIMINAL LIABILITY EFFECT ON CIVIL LIABILITY EX DELICTO

1. JUSTIFYING CIRCUMSTANCES Generally no civil liability, except in state of necessity

(ART. 11) (Art. 11[4]) where the civil liability is borne by the
persons benefited by the act (Art. 101)

2. EXEMPTING CIRCUMSTANCES Generally, there is civil liability ex delicto, EXCEPT in

(ART. 12) Negates criminal liability accident and insuperable cause Art. 12(4,7), which
strictly are not criminal

3. ABSOLUTORY CIRCUMSTANCES Unsure but since they are akin to exempting

circumstances, there is civil liability.

4. MITIGATING CIRCUMSTANCES Court can take them into consideration in the award
Reduces criminal liability
(ART. 13) of damages

5. AGGRAVATING CIRCUMSTANCES Increases criminal liability

(ART. 14)

6. ALTERNATIVE CIRCUMSTANCES Reduces or increases criminal liability, as

(ART. 15) the case may be

ENUMERATION OF MODIFYING CIRCUMSTANCES

MODIFYING SPECIFIC CIRCUMSTANCES

CIRCUMSTANCE

1. JUSTIFYING 1. Self-defense
CIRCUMSTANCES 2. Defense of relatives
(ART. 11) 3. Defense of strangers
4. State of necessity or the avoidance of a greater evil
5. Performance of duty or lawful exercise of a right
6. Obedience to lawful order of superior

2. EXEMPTING 1. Imbecility/Insanity
CIRCUMSTANCES 2. Minority (as amended by RA 9344, April 23, 2006)
(ART. 12) 3. Accident
4. Compulsion of an irresistible force
5. Impulse of an uncontrollable fear
6. Insuperable or lawful cause

3. ABSOLUTORY 1. Spontaneous desistance in the attempted stage unless the overt act committed already constitutes a crime other
CIRCUMSTANCES than that intended (Art. 6, par. 3)
2. Attempted or frustrated light felonies except those against persons or property (Art. 7)
3. Accessories in light felonies (Art. 16)
4. Certain relatives who are accessories subject to the requisites provided (Art. 20)
5. Death and physical injuries inflicted under exceptional circumstances (Art. 247)
6. In trespass, a person is not liable if he entered 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, inns, and other public places (Art. 280)
7. Certain relatives in theft, estafa, and malicious mischief (Art. 332)
8. Marriage of the offender with the offended party in cases of seduction, abduction, and acts of lasciviousness (Art.
344, par. 4)
 MODIFYING SPECIFIC CIRCUMSTANCES
CIRCUMSTANCE

9. Instigation
10. Battered woman syndrome (RA 9262, Sec. 26)
11. Status offenses in Sec. 57 and 58, RA 9344
12. Mistake of fact
13. Repeal of a law, either absolute or modification of the penalty when favourable to the offender

4. MITIGATING Ordinary Mitigating —

CIRCUMSTANCES
1. Incomplete justifying or exempting circumstances
(ART. 13)
2. Senility (over 70 years of age)
3. Praeter intentionem
4. Sufficient provocation
5. Vindication of a grave offense
6. Passion and obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Physical defects
10. Illness diminishing the exercise of will-power
11. Analogous circumstances
Privileged Mitigating —

1. Art. 68 (as amended by RA 9344) — Minors over 15 and under 18 years of age who acted with discernment
2. Art. 69 — If the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the
same or to exempt form criminal liability, if majority of such conditions are present.

5. AGGRAVATING Generic Aggravating —

CIRCUMSTANCES
1. Taking advantage of public position (Art. 14[1])
(ART. 14)
2. In contempt or with insult to the public authorities (Art. 14[2])
3. Dwelling of the offended party (Art. 14[3])
4. Abuse of confidence (Art. 14[4])
5. Obvious ungratefulness (Art. 14[4])
6. Crime committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in
the discharge of their duties, or in a place dedicated to religious worship. (Art. 14[5])
7. Nighttime (Art. 14[6])
8. Uninhabited place (Art. 14[6])
9. Band (Art. 14[6])
10. Conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune (Art. 14[7])
11. Aid of armed men or persons who insure or afford impunity (Art. 14[8])
12. Recidivism (Art. 14[9])
13. Habituality or Reiteracion (Art. 14[10])
14. Price, reward, or promise (Art. 14[11])
15. Inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving great waste and ruin (Art. 14[12])
16. Evidence premeditation (Art. 14[13])
17. Craft, fraud or disguise (Art. 14[14])
18. Superior strength or weakening of defense (Art. 14[15])
19. Treachery (Art. 14[16])
 MODIFYING SPECIFIC CIRCUMSTANCES
CIRCUMSTANCE

20. Ignominy (Art. 14[17])

21. Unlawful entry (Art. 14[18])
22. Broken wall, roof, floor, door, or window (Art. 14[19])
23. Aid of persons under fifteen years of age (Art. 14[20])
24. Motor vehicles, motorized watercraft, airships, or other similar means (Art. 14[20])
25. Cruelty (Art. 14[21])
Special Aggravating —
1. Taking advantage of public position (Art. 62[1a] as amended by RA 7659)
2. Organized or syndicated crime group (Art. 62[1a] as amended by RA 7659)
3. Multi-recidivism or habitual delinquency (Art. 62[5])
4. Quasi-recidivism (Art. 160)
5. Complex Crimes (Art. 48)
6. Error in personae (Art. 49)
7. Exploitation of Children for Commission of Crimes (Sec. 20[c] of RA 9344 as amended by RA 10630)
8. Use of an loose firearm in the commission of a felony (Sec. 29, RA 10591)
9. Committing a crime under the influence of dangerous drugs (Sec. 25, RA 9165)

10. Exploitation of Children for Commission of Crimes (Sec. 20[c] of RA 9344 as amended by RA 10630)
11. Use of an loose firearm in the commission of a felony (Sec. 29, RA 10591)
12. Committing a crime under the influence of dangerous drugs (Sec. 25, RA 9165)
13. Committing a crime through and with the use of information and communications technologies (Sec. 6, RA 10175)

6. ALTERNATIVE 1. Relationship
CIRCUMSTANCES (ART. 2. Intoxication
15)
3. Degree of instruction and education of the offender

JUSTYFING CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

JUSTIFYING When the offender acts in accordance with justifying circumstances, he incurs no criminal liability and no
CIRCUMSTANCES civil liability ex delicto. Justifying Circumstances are those where the act of a person is said to be in
(ART. 11) accordance with law, so that such person is deemed not to have transgressed the law and is free from
both criminal and civil liability. There is no crime, thus, there is no criminal. Generally, there is no civil
liability ex delicto, except in par. 4 where the civil liability is borne by the persons benefited by the act

SELF-DEFENSE 1. Unlawful aggression on the part of the victim against the accused’s person or rights
(ART. 11[1]) 2. Reasonable necessity of the means employed by the accused to prevent and repel it
3. Lack of sufficient provocation on the part of the person defending himself

DEFENSE OF RELATIVES 1. There is unlawful aggression against the person or rights of relatives of the accused (spouse,
(ART. 11[2]) ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree)
2. Reasonable necessity of the means employed by the accused to prevent and repel it
3. In case provocation was given by the person attacked, the one making defense had no part therein

DEFENSE OF STRANGERS 1. There is unlawful aggression against the person or rights of a person who is a stranger to the accused
(ART. 11[3]) 2. Reasonable necessity of the means employed by the accused to prevent and repel it
3. The person defending be not induced by revenge, resentment, or other evil motive
 CONCEPT NOTES/ELEMENTS

STATE OF NECESSITY OR 1. The accused does an act which causes damage to another in order to avoid an evil or injury which
AVOIDANCE OF GREATER actually exists, and is not brought about by the accused’s own acts
EVIL 2. The injury feared be greater than that done to avoid it
(ART. 11[4]) 3. There is no other practical and less harmful means of preventing it

PERFORMANCE OF DUTY OR 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
LAWFUL EXERCISE OF A
2. That the injury caused or the offend committed be a necessary consequence of the due performance
RIGHT
(ART. 11[5])

OBEDIENCE TO AN ORDER 1. That an order has been issued by a superior

ISSUED FOR SOME LAWFUL 2. That such order must be for some lawful purpose
PURPOSE 3. That the means used by the subordinate to carry out said order is lawful and reasonable
(ART. 11[6])

EXEMPTING CIRCUMSTANCES

CONCEPT NOTES/ELEMENTS

EXEMPTING When the offender acts in accordance with exempting circumstances during the commission of the felony,
CIRCUMSTANCES he is exempt from criminal liability but NOT the civil liability ex delicto. Exempting circumstances are those
(ART. 12) by virtue of which, although the act is criminal, the law exempts the actor from liability. A crime is
committed, but circumstances pertaining the the offender calls for his exemption from criminal liability.
There is a crime and a criminal, but he is exempt from criminal liability. Generally, there is civil liability ex
delicto, except in accident and insuperable cause Art. 12(4,7), which strictly are not criminal

IMBECILITY AND INSANITY Persons who are completely deprived of intelligence, reason and discernment during the commission of
(ART. 12[1]) the offense

MINORITY Minors in the following ages during the commission of the offense:
(ART. 12[2,3], AS AMENDED 1. Minors 15 years old or under (until 15th birthday)
BY SEC. 6, RA 9344) 2. Minors over 15 (15 years and 1 day) and under 18 (until the day before 18th birthday) who did NOT act
with discernment

ACCIDENT 1. A person is performing a lawful act

(ART. 12[4]) 2. He causes injury to another by mere accident
3. The act is performed with due care without fault or intention of causing injury

COMPULSION OF AN 1. There is a compulsion from an external and physical force

IRRESISTIBLE FORCE 2. Such force was irresistible such that the person was reduced to a mere instrument
(ART. 12[5])

IMPULSE OF AN 1. There is a threat which causes an uncontrollable fear of an evil greater than or at least equal to, that
UNCONTROLLABLE FEAR which he is required to commit
(ART. 12[6]) 2. The threat promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.

INSUPERABLE OR LAWFUL 1. That an act is required by law to be done

CASE 2. That a person fails to perform such act
(ART. 12[7]) 3. That his failure to perform such act was due to some lawful or insuperable cause

JUSTIFYING VS EXEMPTING CIRCUMSTANCES

JUSTIFYING EXEMPTING

The act is legal, within the bounds of law The act is criminal
 JUSTIFYING EXEMPTING

There is no crime, therefore, no criminal There is a crime and a criminal

Since there is no crime, there is no criminal and civil liability ex There is a crime, there is a criminal, but no criminal liability. While he
delicto, except in state of necessity is exempt from criminal liability, there is a civil liability ex delicto,
except in accident and insuperable or lawful cause.

The emphasis of the law is on the act The emphasis of the law is on the actor

ABSOLUTORY CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

ABSOLUTORY Absolutory causes are those where the act committed is a crime but for reasons of public policy and
CIRCUMSTANCES sentiment, there is no penalty imposed. These refer to justifying and exempting circumstances outside of
Art. 11 and 12

BATTERED WOMAN An accused suffering from battered woman syndrome, at the time of the commission of the crime, do not
SYNDROME incur any criminal and civil liability. This is despite the absence of any of the elements for justifying
(RA 9262, PEOPLE VS circumstances of self-defense under the RPC. In the determination of the state of mind of the woman who
GENOSA) was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall
be assisted by expert psychiatrists/ psychologists. (Sec. 26, VAWC [RA 9262])

The battered woman syndrome is characterized by the so-called "cycle of violence,”which has three
phases —
1. The tension-building phase
2. The acute battering incident
3. The tranquil, loving (or, at least, nonviolent) phase (People vs Genosa)

DEATH AND PHYSICAL 1. Any legally married person who having surprised his spouse in the act of committing sexual
INJURIES INFLICTED UNDER intercourse with another person, shall kill any of them or both of them in the act or immediately
EXCEPTIONAL thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
CIRCUMSTANCES 2. If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
(ART. 247, PEOPLE VS 3. These rules shall be applicable, under the same circumstances, to parents with respect to their
ABARCA) daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.
4. 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.

Article 247, or the exceptional circumstances mentioned therein, amounts to an exempting circumstance,
for even where death or serious physical injuries is inflicted, the penalty is so greatly lowered as to result to
no punishment at all. (People vs Abarca)

STATUS OFFENSES AND 1. Any conduct not considered an offense or not penalized if committed by an adult shall not be
OFFENSES NOT APPLICABLE considered an offense and shall not be punished if committed by a child.
TO CHILDREN 2. Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited
(SEC. 57, 57-A, 58, RA to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as
9344) light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly
conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of
children. No penalty shall be imposed on children for said violations, and they shall instead be brought to
their residence or to any barangay official at the barangay hall to be released to the custody of their
parents.
3. Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy
and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree
No. 1563, and sniffing of rugby under Presidential Decree No. 1619
 CONCEPT NOTES/ELEMENTS

MARRIAGE OF THE In cases of seduction, abduction, and acts of lasciviousness, the marriage of the offender with the offended
OFFENDER AND THE party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of
OFFENDED PARTY IN this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the
CERTAIN CRIMES AGAINST above- mentioned crimes.
CHASTITY
(ART. 344)

ENTRAPMENT VS INSTIGATION

ENTRAPMENT INSTIGATION

The mens rea originated from the accused who was merely
The evil idea originated from the peace officer who induced the
trapped by the peace officer in flagrante delicto (caught in the
accused to commit the act
act)

This is not absolutely as to the offender as he authored the evil Absolutely by reason of public policy
idea

Consistent with public policy Contrary to public policy

Trap for the unwary criminal Trap for the unwary innocent

The peace officer has no criminal liability for his acts are in The peace officer is a principal by inducement
accordance with law

The crime has already been committed The crime would not and could not have been committed were it
not for the instigation

MITIGATING CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

MITIGATING RULE — When the offender acts in accordance with mitigating circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is reduced
(ART. 13, 68, 69, 64)

RULES IN THE APPLICATION ‣ Mitigating or aggravating circumstances which arise from the following shall only serve to mitigate or
AND APPRECIATION OF aggravant the liability of the principals, accomplices and accessories as to whom such
MITIGATING AND circumstances are attendant —
AGGRAVATING
1. Moral attributes of the offender
CIRCUMSTANCES
(ART. 62[3,4] 2. From his private relations with the offended party, or
3. From any other personal cause (Art. 62 [3])
‣ The circumstances which consist in the following shall serve to aggravate or mitigate the liability of
those persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein —
1. Material execution of the act, or
2. In the means employed to accomplish it (Art. 62 [4])

ORDINARY MITIGATING ‣ These are those enumerated under Art. 13 (except minority under paragraph 2 which was repealed
CIRCUMSTANCES and modified by RA 9344) —
(ART. 13)
1. Incomplete justifying or exempting circumstances
2. Senility (over 70 years of age)
3. Praeter intentionem
4. Sufficient provocation
5. Immediate vindication of a grave offense
6. Passion and obfuscation
 CONCEPT NOTES/ELEMENTS
7. Voluntary surrender
8. Voluntary plea of guilt
9. Physical defects
10. Illness diminishing the exercise of will-power
11. Analogous circumstances

EFFECT OF ORDINARY RULE — The present of one ordinary mitigating circumstance results in lowering the penalty to the
MITIGATING minimum period
CIRCUMSTANCES ‣ EXCEPT — They are not considered when what is prescribed is a single indivisible penalty. There are
(ART. 63, 64) only two indivisible penalties — death and reclusion perpetua (but note that RA 9346 banned the
imposition of the death penalty) (Art. 63)
‣ BUT — when there are two ordinary mitigating circumstances with no aggravating circumstance
attendant, the penalty is to lowered by one degree in the proper period, regardless of whether the
penalty is divisible or indivisible (Art. 64[5])

INCOMPLETE JUSTIFYING These are justifying or exempting circumstances when all the requisites necessary to justify or to exempt from
OR EXEMPTING criminal liability in the respective cases are not attendant
CIRCUMSTANCES NOTE — Some circumstances in Art. 12 do not find application as some they don’t have partial
(ART. 13, [1]) application, such as —
1. Insanity/imbecility (but partial insanity may fall under illnesses diminishing the offender’s exercise of
will-power)
2. Compulsion of an Irresistible Force
3. Insuperable or Lawful Case

INCOMPLETE SELF- Unlawful aggression must always be present. Without it, there is nothing to defend, thus there is neither
DEFENSE, DEFENSE OF complete nor incomplete defense. What may be absent is either one or both the last two requisites of —
RELATIVES, DEFENSE (1) reasonable necessity if the means employed and (2) the lack of sufficient provocation (or as the case
OF STRANGER may be under defense of relatives and strangers).
(ART. 13[1]; 11[1,2,3]) 1. Only unlawful aggression is present— ordinary mitigating under Art. 13(1)
2. Unlawful aggression and one other requisite is present (majority is present)— privileged mitigating
under Art. 69
3. All requisites are present — justifying circumstance under Art. 11

INCOMPLETE STATE OF The requisite that “That the evil sought to be avoided must actually exist” must always be present What may
NECESSITY be absent are either or both of the last two requisites —
(ART. 13[1],11[4]) 1. That the injury feared be greater than that done to avoid it
2. That there be no other practical and less harmful means of preventing it.

INCOMPLETE Either one of the following requisites must be present —

PERFORMANCE OF DUTY 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
(ART. 13[1],11[5]) 2. That the injury caused or offense committed be the necessary consequence of the due performance of
such duty or the lawful exercise of such right or office.

INCOMPLETE OBEDIENCE The requisite that an order has been issued by a superior must always be present What may be absent are
TO ORDER OF SUPERIOR either or both of the last two requisites —
(ART. 13[1],11[6]) 1. That such order must be for some lawful purpose
2. That the means used by the subordinate to carry out said order is lawful and reasonable

INCOMPLETE ACCIDENT The first requisite must always be present, what may be absent is merely that the offender acted without
(ART. 13[1], 12[4]) negligence
1. A person is performing a lawful act
2. He causes injury to another by mere accident
3. The act is performed with due care without fault or intention of causing injury
 CONCEPT NOTES/ELEMENTS

INCOMPLETE When only one of the following requisites is present —

UNCONTROLLABLE FEAR 1. There is a threat which causes an uncontrollable fear of an evil greater than or at least equal to, that
(ART. 13[1], 12[6]) which he is required to commit
2. The threat promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.

SENILITY The offender must be over 70 years of age when the felony was committed
(ART. 13[2])

PRAETER INTENTIONEM This is when the facts show that there is a notable and evident disproportion between the following —
(ART. 13[3]) 1. The means employed to execute the criminal act
2. The consequences of such acts

SUFFICIENT PROVOCATION 1. That the provocation must be sufficient

(ART. 13[4]) 2. That it must originate from the offended party
3. That the provocation must be immediate to the act

VINDICATION OF A GRAVE 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants,
OFFENSE descendants, legitimate natural or adopted brothers or sisters or relatives by affinity within the same
(ART. 13[5]) degrees
2. That the felony is committed in vindication of such grave offense within a reasonable amount of time

PASSION AND 1. The accused acted upon an impulse so powerful that it naturally produced passion or obfuscation in
OBFUSCATION him.
(ART. 13[6]) 2. The impulse arose out of the lawful sentiments of the offender such that it was created by unlawful or
unjust acts by the offended party.
3. Such act must not be far removed from the commission of the crime by a considerable amount of
time, during which the perpetrator might recover his normal equanimity

VOLUNTARY SURRENDER 1. That the offender had not been actually arrested
(ART. 13[7]) 2. That the offender spontaneously and voluntarily surrendered himself because he acknowledges his
guilt or wishes to save the trouble and expenses necessarily incurred in his search and capture.
3. That the surrender was to a person in authority or his agent
4. The surrender must be by reason of the commission of the crime for which the offender is prosecuted

VOLUNTARY PLEA OF 1. That the offender spontaneously confessed his guilt and entered a plea of guilt
GUILT 2. That the confession of guilt was made in open court, before the competent court that is to try the case
(ART. 13[7]) 3. It must be made prior to the presentation of evidence for the prosecution

PHYSICAL DEFECTS 1. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
(ART. 13[8]) 2. Such defect restricts his means of action, defense, or communications with his fellow beings.
3. The defect must relate to the crime committed

ILLNESS DIMINISHING THE 1. That the illness of the offender must diminish the exercise of his will-power
EXERCISE OF WILL-POWER 2. That such illness should not deprive the offender of consciousness of his acts
(ART. 13[9])

ANALOGOUS MITIGATING Any other circumstances of a similar nature and analogous to those above mentioned. Such as —
CIRCUMSTANCES 1. Offender was over 60 years old and with failing sight is analogous to senility
(ART. 13[10])
2. Restitution in malversation of public funds is analogous to voluntary plea of guilty
3. Testifying for the prosecution is analogous to plea of guilty
4. Voluntary restitution of stolen property analogous to voluntary surrender
 CONCEPT NOTES/ELEMENTS

PRIVILEGED MITIGATING RULE — The presence of privilege mitigating circumstances results in lowering the imposable penalty by
CIRCUMSTANCES degrees. These cannot be offset by any aggravating circumstances. They are always considered whether
(ART. 68, 69) the penalty imposable is divisible or indivisible. These are those outside of Art. 13 and is found in Art. 68 and
69 —
1. Art. 68 (as amended by RA 9344) — Minors over 15 and under 18 years of age who acted with
discernment, the penalty next lower than that prescribed by law is imposed, but always in the proper
period
2. Art. 69 — If the deed is not wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability, if majority of such conditions are
present. The penalty is lower by one or two degrees, on the court’s discretion

MINORS OVER 15 AND By virtue of RA 9344 or the Juvenile Justice and Welfare Act, minority is always at least a privileged
UNDER 18 YEARS ACTING mitigating circumstance
WITH D ISCERNMENT 1. Minors below 15 years and below — exempting circumstance
(ART. 68, AS AMENDED BY
2. Minors over 15 years but under 18 acting without discernment — exempting circumstance
RA 9344)
3. Minors over 15 years but under 18 acting with discernment — privileged mitigating under Art. 68

IF THE DEED IS NOT If the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the
WHOLLY EXCUSABLE same or to exempt from criminal liability, if majority of such conditions are present. The penalty is lower by
(ART. 69) one or two degrees
RULE — It is necessary that there be present a majority of the elements of the mitigating circumstance for
Art. 69 to apply.
BUT — When the circumstance only requires two elements, the presence of one is considered a
majority. (People vs Oanis)

SPECIFIC MITIGATING These are found in other provisions and only applicable to specific crimes —
CIRCUMSTANCES
1. Art. 268, par. 3 — Voluntary release of the person illegally detained within 3 days without the offender
attaining his purpose and before the institution of criminal action. The penalty is one degree lower
2. Art 333, par. 3 — Abandonment without justification of the house who committed adultery. The
penalty is one degree lower
3. Art. 255 — Infanticide was committed by the mother of the child or either of the maternal
grandparents for the purpose of concealing her or their dishonor, the penalty is lowered.

AGGRAVATING CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

AGGRAVATING RULE — When the offender acts in accordance with aggravating circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is increased. They may be —
(ART. 14) 1. Generic Aggravating — Circumstances under Art. 14 that apply to all kinds of crimes, These are the
circumstances in Art. 14, par 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except by means of
motor vehicles)
2. Specific Aggravating — Circumstances under Art. 14 that apply only to particular kinds of crimes.
These are the circumstances in Art. 14 pertaining to —
a. Insult or in disregard of the respect due the offended party (Art. 14[3]) — applies only to crimes
against persons and crimes against honor
b. Superior strength or weakening of defense (Art. 14[15]) — applies only to crimes against persons
and crimes against property
c. Treachery (Art. 14[15]) — applies only to crimes against persons
d. Ignominy (Art. 14[17])— applies only to crimes against chastity and crimes against persons (but it
has been recognized as aggravating in light and grave coercion and treason)
e. Cruelty (Art. 14[21])— applies only to crimes against chastity and crimes against persons (but it has
been recognized as aggravating in treason)
 CONCEPT NOTES/ELEMENTS
3. Special Aggravating Circumstances — increases the imposable penalty, as the case may be Unlike
generic aggravating circumstances, these CANNOT be offset by ordinary mitigating circumstances.
These circumstance arise because of special conditions
4. Qualifying Aggravating Circumstances — merely serves to change the nature of the crime
5. Inherent Aggravating Circumstances — no effect, these do NOT increase criminal liability or the
penalty

EFFECT OF AGGRAVATING Aggravating Circumstances under Art. 14 — increase the imposable penalty to the maximum period
CIRCUMSTANCES ‣ EXCEPT — They are not considered when what is prescribed is a single indivisible penalty
(ART. 63, 64)

SPECIAL AGGRAVATING 1. Its effect is to increase the criminal liability by increasing imposable penalty
CIRCUMSTANCES 2. They cannot be offset by ordinary mitigating circumstances
3. They do not change that nature of the offense

INHERENT AGGRAVATING 1. Which in themselves constitute a crime specially punishable by law

CIRCUMSTANCES 2. Which are included by law in defining a crime — This means that the circumstance is an integral
(ART. 62[1,2]) element in the crime
3. Inherent in the crime to such a degree that it must of necessity accompany the commission
thereof — These are circumstances which necessarily accompany the commission of the crime
4. Inherent in other aggravating circumstances — This is when an aggravating circumstance may be
absorbed by other aggravating or qualifying circumstance

KINDS OF AGGRAVATING CIRCUMSTANCES

GENERIC AND SPECIFIC QUALIFYING AGGRAVATING SPECIAL INHERENT AGGRAVATING

AGGRAVATING AGGRAVATING

These are the circumstances These are circumstances in the RPC These are circumstances These may be circumstances
enumerated under Art. 14 or provided for in special laws which in the RPC or provided —
change the nature of the crime for in special laws which
1. Which is an integral
committed increase the penalty element in a crime
imposed
2. Inherent in the crime
3. Inherent in other
aggravating
circumstances

Increases the imposable Increases the penalty to

Changes the nature of the crime to
penalty to the maximum the maximum period or a No effect on the penalty as it is
another crime attached with a higher
period higher degree, as they deemed absorbed
penalty
case may be.

It can be offset by a ordinary It cannot be offset by ordinary mitigating circumstances N/A

mitigating circumstances

AGGRAVATING CIRCUMSTANCES UNDER ART. 14

CONCEPT
CONCEPT NOTES/ELEMENTS

IN CONTEMPT OR WITH 1. The crime was committed in the presence of public authority
INSULT TO THE PUBLIC 2. The public authority is engaged in the exercise of his functions
AUTHORITIES 3. The public authority’s presence has not prevented the offender from committing the act
4. Such public authority is not the person against whom the crime is committed
(ART. 14[2])
5. The offender has knowledge of the person’s being one of public authority

INSULT OR IN DISREGARD 1. The crime committed is classified as a “crime against persons” or “crimes against honor”
OF THE RESPECT DUE THE 2. The offender must have deliberately intended the insult or disrespect against the offended party’s rank,
OFFENDED PARTY age, or sex
(ART. 14[3])
 CONCEPT NOTES/ELEMENTS

DWELLING OF THE 1. The offended party must be inside his dwelling when the crime was committed
OFFENDED PARTY 2. The offended party must NOT have given sufficient and immediate provocation
(ART. 14[3]) 3. The offender must NOT reside in the same dwelling as the offended party

ABUSE OF CONFIDENCE 1. The offended party had trusted or placed confidence in the offender
(ART. 14[4]) 2. The offender abused such trust and such abuse of confidence facilitated the commission of the crime

OBVIOUS UNGRATEFULNESS The ungratefulness must be obvious, manifest or clear

(ART. 14[4])

CRIME COMMITTED IN THE 1. The crime must be committed in either of the following places —
PALACE OF THE CHIEF i. Palace of the Chief Executive
EXECUTIVE OR IN HIS ii. Presence of the Chief Executive
PRESENCE, OR WHERE
PUBLIC AUTHORITIES ARE
iii. Place where public authorities are engaged in the discharge of their duties
ENGAGED IN THE iv. Place dedicated to religious worship
DISCHARGE OF THEIR 2. The offender must have the intention to commit the crime when he entered the place (People vs
DUTIES, OR IN A PLACE Jaurigue)
DEDICATED TO RELIGIOUS
WORSHIP (ART. 14[5])

NIGHTTIME 1. The crime was committed at night, in the darkness

(ART. 14[6]) 2. It must have facilitated the commission of the crime
3. It must be especially sought and taken advantage of by the offender

UNINHABITED PLACE (ART. 1. The crime was committed at an uninhabited place

14[6]) 2. It must have facilitated the commission of the crime
3. It must be especially sought and taken advantage for by the offender to insure the commission of the
crime or for the purpose of impunity

BAND 1. The crime was committed by a band (at least 4 armed malefactors acting together in the commission of
(ART. 14[6]) the offense)
2. It must have facilitated the commission of the crime
3. It must be especially sought and taken advantage for by the offender to insure the commission of the
crime or for the purpose of impunity

CONFLAGRATION, 1. The crime was committed on the occasion of either of the following —
SHIPWRECK, EARTHQUAKE, i. Conflagration (fire)
EPIDEMIC OR OTHER ii. Shipwreck
iii. Earthquake
CALAMITY OR MISFORTUNE
iv. Epidemic
(ART. 14[7]) v. Other calamity or misfortune — this must be of a similar nature to the first four circumstances
ejusdem generis
2. The offender must have taken advantage of the calamity or misfortune

AID OF ARMED MEN OR 1. That armed men took part, directly or indirectly, in the commission of the crime
PERSONS WHO INSURE OR 2. That the accused availed himself of their aid and relied upon them when the crime was committed
AFFORD IMPUNITY (ART.
or relied upon them to insure or afford impunity
14[8]) 3. Such armed men were NOT in conspiracy with the accused

RECIDIVISM 1. That the offender on trial for a subsequent felony

(ART. 14[9]) 2. That he was previously convicted by final judgment of another felony
3. The previous conviction by final judgment was for a felony committed PRIOR to the felony he is
currently being charged and tried
4. That both the first and the second offences are embraced in the same title of the RPC
 CONCEPT NOTES/ELEMENTS

HABITUALITY OR 1. The accused is on trial for a new offense

REITERACION 2. That he previously served sentence for either of the following —
(ART. 14[10]) i. An offense to which the law attaches an equal or greater sentence than that attached for the new
offense
ii. Two offenses to which the law attaches with lighter sentences than that attached for the new
offense

PRICE, REWARD, OR 1. There must be least two or more offenders

PROMISE 2. The offender offers a price, reward, or promise to the another who accepts it as the primary
(ART. 14[11]) consideration for the commission of the crime

ARTIFICE INVOLVING GREAT 1. The offender commits the crime by means of either of the following —
WASTE AND RUIN i. Inundation (flooding)
(ART. 14[12])
ii. Fire
iii. Poison
iv. Explosion
v. Stranding of a vessel or international damage thereto
vi. Derailment of a locomotive
vii. By the use of any other artifice involving great waste and ruin
2. Such circumstance does NOT qualify the offense to another crime

EVIDENT PREMEDITATION 1. The time when the offender determined to commit the crime must be proven and established
(ART. 14[13]) 2. Acts manifestly indicating that the culprit has clung to his determination
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will

CRAFT, FRAUD OR DISGUISE This applies when any of the following means is employed in the commission of the crime —
(ART. 14[14]) 1. Craft — involves intellectual trickery and cunning on the part of the accused. It is usually done in
order not to arouse the suspicion of the victim.
2. Fraud — insidious words or machinations used to induce the victim to act in a manner which would
enable the offender to carry out his design
3. Disguise — resorting to any device for the purpose of enabling the offender to conceal his identity

SUPERIOR STRENGTH OR 1. This aggravating circumstance applies only to crimes against persons and property (Reyes)
WEAKENING OF DEFENSE 2. Advantage of superior strength — means to use purposely excessive force out of proportion to the
(ART. 14[15]) means of defense available to the person attacked. The offender must deliberately take advantage of
his superior strength

TREACHERY 1. The crime committed is a crime against persons

(ART. 14[16]) 2. The offender deliberately and consciously employs means, methods, or forms in the execution of the
crime to insures its execution without risk to himself arising from the defense which the offended party
might make
3. At the time of the attack, the victim was not in a position to defend himself
NOTE — Treachery absorbs —
a. Abuse of superior strength
b. Aid of armed mend
c. By a band
d. Means to weaken the defense
e. Nocturnity
f. Craft and fraud
g. Age and sex
 CONCEPT NOTES/ELEMENTS

IGNOMINY 1. The crime committed is either classified as a—

(ART. 14[17]) i. Crime against chastity (such as rape)
ii. Crime against persons (such as physical injuries or murder)
iii. BUT — it has been recognized has aggravating in light and grave coercion (a crime against
security) (People vs Cantong) and treason (People vs Racaza)
2. The offender employed means brought about circumstances brought which add ignominy to the
natural effects of the act

UNLAWFUL ENTRY This is appreciated when a crime is committed after the offender unlawfully enters into a building or
(ART. 14[18]) structure by a way not intended for the purpose

BROKEN WALL, ROOF, This is appreciated when the offender breaks a wall, roof, floor, door, or window or parts thereof as a
FLOOR, DOOR, OR WINDOW means to the commission of a crime
(ART. 14[19])

MOTOR VEHICLES This is appreciated when the offender employs the use of motor vehicles, motorized watercraft, airships, or other
(ART. 14[20]) motorized means of transportation as a means to commission of the crime

CRUELTY 1. The crime committed is either classified as a—

(ART. 14[21]) i. Crime against chastity (such as rape)
ii. Crime against persons (such as physical injuries or murder)
iii. BUT — it has been recognized as aggravating in Treason (People vs Adlawan).
2. The injury caused is deliberately increased or augmented by causing some other wrong
3. The other wrong is unnecessary for the execution of the purpose of the offender

FORMS OF CRIMINAL REPETITION

Recidivism Reiteracion or Habituality Multi-Recidivism or Habitual Quasi-Recidivism

Delinquency
(Art. 14[9]) (Art. 14[10]) (Art. 160)
(Art. 62[5])

Generic Aggravating Circumstance Special Aggravating Circumstance

(can be offset by ordinary mitigating circumstances) (cannot be offset by ordinary mitigating circumstances)

Increases the imposable penalty to the maximum period Another additional, distinct and separate Increases the
penalty is to be imposed upon the habitual imposable penalty to
delinquent the maximum period

1. That the offender on trial 1. The accused is on trial 1. That the offender had been convicted 1. The offender
for a subsequent felony for a new offense of any of following the crimes of — (a) commits a
serious or less serious physical subsequent
2. That he was previously 2. That he previously
injuries, (b) robbery, (c) theft, (d) felony after
convicted by final served sentence for
either following — estafa, (e) falsification conviction by
judgment of another
felony final judgment of
a. An offense to which the 2. That after conviction or after serving
the prior felony
law attaches an equal or his sentence, he again committed,
3. The previous conviction
greater sentence than and within 10 years from his last 2. The subsequent
by final judgment was for
that attached for the new release or first conviction, he was felony was
a felony committed
offense again convicted of any of the said committed
PRIOR to the felony he is
crimes for the second time. before beginning
currently being charged
b. Two offenses to which to serve
and tried 3. That after his conviction of, or after
the law attaches with sentence or
lighter sentences than serving his sentence for the second
4. That both the first and while serving
the second offences are that attached for the new offense, he again committed, and
sentence for the
embraced in the same offense within 10 years from his last release or
prior felony
title of the RPC last conviction, he was again
convicted of any of the said crimes for
the third time of oftener
 SPECIAL AGGRAVATING CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

TAKING ADVANTAGE OF There must be an intimate connection between the offense and the office of the accused. Not aggravating
PUBLIC POSITION when it is an integral element or inherent in the offense
(ART. 62[1A] AS AMENDED TEST — Did the accused abuse his office in order to commit the crime?
BY RA 7659)

ORGANIZED OR Organized/syndicated crime group — means a group of 2 or more persons collaborating, confederating or
SYNDICATED CRIME GROUP mutually helping one another for purposes of gain in the commission of any crime.
(ART. 62[1A] AS AMENDED
BY RA 7659)

MULTI-RECIDIVISM OR 1. That the offender had been convicted of any of the following crimes (FRETSL) —
HABITUAL DELINQUENCY i. Falsification
(ART. 62[5]) ii. Robbery
iii. Estafa
iv. Theft
v. Serious or less serious physical injuries
2. That after conviction or after serving his sentence, he again committed, and within 10 years from his
last release or first conviction, he was again convicted of any of the said crimes for the second time.
3. That after his conviction or after serving his sentence for the second offense, he again committed, and
within 10 years from his last release or last conviction, he was again convicted of any of the said crimes for
the third time of oftener

QUASI-RECIDIVISM Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve
(ART. 160) such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed
by law for the new felony.

COMPLEX CRIMES This may either be —

(ART. 48) 1. Compound crime — when a single act constitutes two or more grave or less grave felonies
2. Complex crime proper — when an offense is a necessary means for committing the other

ERROR IN PERSONAE 1. The crime committed is one involving error in personae, NOT to aberratio ictus (where Art. 48 applies)
(ART. 49) or praeter intentionem (where Art. 4 and 13[3] applies)
2. It only applies when the intended crime and the crime actually committed are punished with different
penalties

EXPLOITATION OF Any person who, in the commission of a crime —

CHILDREN FOR 1. Makes use of children
COMMISSION OF CRIMES 2. Takes advantage of children
(SEC. 20[ C] OF RA 9344 AS 3. Profits from the use of children
4. Abuses his authority over the child
AMENDED BY RA 10630)
5. With abuse of confidence, takes advantage of the vulnerabilities of the child
6. Induces, threatens or instigates a child to the commission of the crime

USE OF AN LOOSE FIREARM Loose firearm — refers to either any of the following—
IN THE COMMISSION OF A 1. Unregistered firearm
FELONY 2. Obliterated or altered firearm
(SEC. 29, RA 10591) 3. Firearm which has been lost or stolen
4. Illegally manufactured firearms
5. Registered firearms in the possession of an individual other than the licensee and those with revoked
licenses in accordance with the rules and regulations

RULE — The use of a loose firearm, when inherent in the commission of a crime punishable under the RPC
or special laws, shall be considered as an aggravating circumstance increasing the penalty to its maximum
period
‣ EXCEPT— In the following cases, the effect is different —
 CONCEPT NOTES/ELEMENTS

1. If the crime committed with the use of a loose firearm has maximum penalty which is lower than
that the penalty for illegal possession of firearm — the penalty for illegal possession of firearm shall
be imposed in lieu of the penalty for the crime charged
2. If the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is equal to penalty for illegal possession of firearm — the penalty of prision mayor in
its minimum period shall be imposed in addition to the penalty for the crime punishable under the RPC
or special laws.
3. If the crime committed with the use of a loose firearm 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.
4. If the crime is committed by the person without using the loose firearm — the violation shall be
considered as a distinct and separate offense.

COMMITTING A CRIME A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the
UNDER THE INFLUENCE OF commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal
DANGEROUS DRUGS Code shall be applicable.
(SEC. 25, RA 9165)

COMMITTING A CRIME All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed
THROUGH AND WITH THE by, through and with the use of information and communications technologies shall be covered by the
USE OF INFORMATION AND relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
COMMUNICATIONS that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
TECHNOLOGIES
(SEC. 6, RA 10175)

ALTERNATIVE CIRCUMSTANCES

CONCEPT
CONCEPT NOTES/ELEMENTS

ALTERNATIVE RULE — When the offender acts in accordance with alternative circumstances during the commission of
CIRCUMSTANCES the felony, his criminal liability is decreased or increased, as the case may be
(ART. 15)

RELATIONSHIP This is when the offended party is either any of the following of the offender —
(ART. 15) 1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural or adopted brother or sister
5. Relative by affinity in the same degrees as those above-mentioned

INTOXICATION Intoxication means that at the time of the commission of the crime, the offender has taken such quantity of
(ART. 15) alcoholic drinks as to blur his reason and deprive him of a certain degree of control. The offender’s mental
faculties must be affected by his drunkenness.
1. AGGRAVATING — In the following cases —
i. Intoxication is habitual
ii. If it is intentional or subsequent to the plan to commit a felony (meaning the offender purposely
drank alcohol as a stimulant to commit the crime)
2. MITIGATING — In the following cases —
i. Intoxication is NOT habitual
ii. Intoxication is NOT subsequent to the plan to commit the felony
 CONCEPT NOTES/ELEMENTS

DEGREE OF INSTRUCTION 1. AGGRAVATING — High degree of instruction. But the offender must deliberately take advantage of his
(ART. 15) learning in committing the crime
2. MITIGATING — Low degree of instruction. This is when the offender has the lack of sufficient
intelligence and knowledge of the full significance of his acts
‣ EXCEPT — in the following cases, the low degree of instruction is NOT mitigating —
i. Crimes against property (such as — theft, robbery, arson, estafa)
ii. Crimes against chastity
iii. Treason — because love for country should be a natural feeling of every citizen
iv. Homicide or Murder
v. Rape (Molesa vs Director of Prisons 1934)

WHEN IS RELATIONSHIP AGGRAVATING OR MITIGATING

CRIMES AGAINST PROPERTY CRIME AGAINST PERSONS CRIMES AGAINST CHASTITY

AGGRAVATING — never AGGRAVATING — AGGRAVATING — in general,

regardless of the degree
MITIGATING — 1. In general, where the offended party is a relative
of a higher, or at least equal degree of the
1. Robbery (Art. 294-302)
offender (People vs Alisub 1940)
2. Usurpation (Art. 312)
2. In the following, relationship is always
3. Fraudulent insolvency (Art. aggravating regardless of degree—
314) 4. Arson (Art. 321-322, 325- a. Serious physical injuries
326) EXEMPTING — b. Homicide or murder

1. Theft 3. In rape, where the offended party is the daughter

of the offender
2. Estafa
MITIGATING — in general, where the offended party
3. Malicious mischief if the offender and
is a relative of a lower degree than the offender
the offended party live together (Art.
332) ‣ EXCEPT — in the following, it is always
aggravating regardless of degree
a. Serious physical injuries
b. Homicide or murder
 PERSONS CRIMINALLY LIABLE

PRINCIPALS ACCOMPLICES ACCESSORIES

‣ They are persons who They are persons who 1. They have knowledge of the commission of the crime but did not
either — are not principals but participated therein either as principals or accomplices
1. Take a direct part in the cooperate in the 2. They merely take part subsequent to its commission in any of the
execution of the act execution of the following manners —
offense by previous or
2. Directly force or simultaneous acts a. By profiting themselves or assisting the offender to profit by the
induce others to effects of the crime
commit it
b. By concealing or destroying the body of the crime, or the effects or
3. Cooperate in the instruments thereof, in order to prevent its discovery
commission of the
c. By harboring, concealing, or assisting in the escape of the principals
offense by another act
of the crime, provided the accessory either —
without which it would
not have been i. Acts with abuse of his public functions, or
accomplished ii. Whenever the author of the crime is guilty of any of the ff. —
(1) Treason
(2) Parricide
(3) Murder
(4) Attempt to take the life of the Chief Executive
(5) Known to be habitually guilty of some other crime

KINDS OF PARDON

PARDON BY THE PRESIDENT PARDON BY THE OFFENDED PARTY

As to the Crime Can extend to any crime Applies only to the following crimes —
Covered
EXCEPT — 1. Adultery (Art. 344)

1. In cases of impeachment 2. Concubinage (Art. 344)

2. As otherwise provided in the 3. Seduction (Art. 344, 89)

Constitution 4. Abduction (Art. 344, 89)
5. Acts of lasciviousness (Art. 344, 89)
6. Rape (Art. 266-C, 89)

As to the Effect Cannot affect the civil liability ex Offended party can waive the civil liability
on Civil Liability delicto

As to Extinguishes criminal liability (Art. Extinguishes criminal liability (Art. 89[7])

Extinguishment 89[4])
EXCEPT — in Adultery and Concubinage, the criminal liability is NOT
of Criminal
extinguished, only that the action is barred
Liability

When Granted Can only be granted upon conviction Can be granted before or after the institution of the criminal action
by final judgment

EXCEPT — in Adultery and Concubinage, it must be granted prior to the

institution of the criminal action

To Whom it Benefits only the grantee of the The pardon benefits all the principals, accomplices and accessories to the
Benefits pardon crime
EXCEPT —

1. In Rape, it does not extend to the other criminal participants (Reyes)

2. In Adultery or Concubinage, it only benefits both offenders (no expresss
provision extending it to the other criminal participants)

As to Whether it May be absolute or conditional Must always be absolute

can be
Conditional
 DURATION OF PENALTIES

PENALTY DURATION

Reclusion perpetua 20 years and 1 day to 40 years

Reclusion temporal 12 years and 1 day to 20 years

Prision mayor 6 years and 1 day to 12 years

Temporary disqualification EXCEPT — when Disqualification is an accessory penalty, in which case its duration is the same
as that of the principal penalty

Prision correccional 6 months and 1 day to 6 years

Suspension EXCEPT — when Sisqualification is an accessory penalty, in which case its duration is the same
as that of the principal penalty
Destierro

Arresto mayor 1 month and 1 day to 6 months

Arresto menor 1 day to 30 days

Bond to keep the peace Discretionary on the court

PLURALITY OF CRIMES

COMPOUND CRIMES COMPLEX CRIME PROPER CONTINUED CRIME

1. That only a single act is performed by 1. That at least two offenses are 1. There are a series of acts
the offender committed (regardless of the period of time over
which it occurred)
2. That the single act produces — 2. That one or some of the offenses
must be necessary to commit the 2. Such acts arise out of a singular
a. Two or more grave felonies
other criminal purpose and resolution to
b. One or more grave and one or attain a definite objective
more less grave felonies 3. That both or all the offenses must be
punished under the same statute 3. All of such acts violates the same
c. Two or more less grave felonies criminal offense as defined

Penalty for the most serious crime shall be imposed in its maximum period Only one penalty is imposed despite the
number of acts performed

RULES OF GRADUATION OF PENALTIES

PENALTY
PENALTY PRESCRIBED
PRESCRIBED BY
BY LAW PENALTY NEXT LOWER IN APPLICATION
LAW DEGREE

Single and indivisible That immediately following that If penalty prescribed is — death
indivisible penalty in the
(Art. 61[1]) The penalty next lower in degree is — reclusion perpetua
graduated scales
If penalty prescribed is — reclusion perpetua

The penalty next lower in degree is — reclusion temporal

Two indivisible penalties Penalty next lower in degree is If penalty prescribed is — reclusion perpetua to death
that immediately following the
(Art. 61[2]) The penalty next lower in degree is — reclusion temporal
lesser of the penalties
prescribed in the scales

Two indivisible penalties and the If penalty prescribed is — reclusion temporal in its
maximum period of another maximum period to death
divisible penalty
The penalty next lower in degree is — prision mayor in its
Penalty next lower in degree
(Art. 61[3]) maximum period to reclusion temporal in its medium
shall be composed of the
period
medium and minimum periods
of the proper divisible penalty
PENALTY PRESCRIBED BY LAW PENALTY NEXT LOWER IN APPLICATION
DEGREE

and the maximum period of that

Single indivisible penalty and the If penalty prescribed is — reclusion temporal in its
immediately following in said
maximum period of another maximum period to reclusion perpetua
respective graduated scale.
divisible penalty
The penalty next lower in degree is — prision mayor in
(Art. 61[3]) its maximum period to reclusion temporal in its medium
period

Two or more divisible penalties If penalty prescribed is — prision mayor

imposed in its full extent Penalty next lower in degree The penalty next lower in degree is — prison correccional
(Art. 61[2]) shall be that immediately
following the lesser of the
One divisible penalties imposed in penalties prescribed in the If penalty prescribed is — prision correccional to prision
its full extent graduated scales mayor
(Art. 61[2]) The penalty next lower in degree is — arresto mayor

3 periods corresponding to Penalty next lower in degree is If penalty prescribed is — prision mayor in its medium
Different Divisible Penalties the penalty consisting in 3 period to reclusion temporal in its minimum period
periods down the scale
(Art. 61[4]) The penalty next lower in degree is — prision correccional
in its medium period to prision mayor in its minimum
REYES — “several periods” in Art.
period
61[4] means 3 periods

2 periods Penalty next lower in degree is If penalty prescribed is — prision mayor in its medium
the penalty consisting in 2 period to maximum period
(Art. 61[5])
periods down the scale
The penalty next lower in degree is — prision correccional
in its maximum period to prision mayor in its minimum
period

1 period Penalty next lower in degree is If penalty prescribed is — arresto mayor in its maximum
the penalty consisting in 1 period
(Art. 61[5])
period down the scale
The penalty next lower in degree is — arresto mayor in its
minimum period

APPLICATION OF THE INDETERMINATE SENTENCE LAW

PENALTY IMPOSED BY RPC PENALTY IMPOSED BY

SPECIAL LAWS

MAXIMUM That which could be properly imposed under the RPC, Must not exceed the maximum
TERM considering the aggravating and mitigating circumstances. term fixed by said law

MINIMUM TERM Within the range of the penalty 1 degree lower than that Must not be less than the
prescribed by the RPC without considering the mitigating or minimum term fixed by said law
aggravating circumstances
BUT — When there is a privileged mitigating circumstance, so
that the penalty has to be lowered, the starting point for
determining the minimum term of the indeterminate penalty
should consider the effect of the privilege mitigating
circumstance.
 COMPARISON — DISQUALIFICATIONS UNDER THE PROBATION LAW VS ISL

DISQUALIFICATIONS FOR PROBATION DISQUALIFICATIONS UNDER THE ISL

IMPOSABLE If the penalty imposed is imprisonment 1. Death

PENALTY exceeding 6 years 2. Reclusion perpetua
3. Life imprisonment
4. Imprisonment which does not exceed 1 year (1 year or less)
5. Non-imprisonment penalties (such as if destierro,
suspension or fine only)

OFFENSE 1. One of the crimes against national security 1. Treason (including conspiracy or proposal to commit the
INVOLVED same)
2. Drug-trafficking or drug pushing (Sec. 24,
RA 9165) 2. Misprision of treason
3. Offenses under the Omnibus Election 3. Rebellion
Code (Sec. 264, BP 881)
4. Sedition
5. Espionage
6. Piracy

OTHERS 1. When offender files an appeal (except if a 1. When offender granted a conditional pardon by the
non-probationable penalty was initially President but violated the terms thereof
imposed and was modified to a
2. When offender is a habitual delinquent
probationable penalty on appeal)
3. When offender escaped from confinement or evaded
2. When offender was previously placed on sentence
probation

DURATION OF PRESCRIPTION OF CRIMES AND PENALTIES

PRESCRIPTION OF CRIMES PRESCRIPTION OF CRIMES PRESCRIPTION OF PENALTIES

UNDER THE RPC UNDER SPECIAL LAWS (ACT 3326)

1. Death, reclusion perpetua or 1. Offenses punished only by a fine 1. Death and reclusion perpetua —
reclusion temporal — 20 years or by imprisonment for not more 20 years
2. Other afflictive penalties — 15 than 1 month, or both — 1 year
2. Other afflictive penalties — 15
years 2. Offenses punished by years
3. Correctional penalties (except imprisonment for more than 1
month, but less than 2 years — 4 3. Correctional penalties — 10
arresto mayor) — 10 years years
years
4. Penalty is arresto mayor — 5
3. Offenses punished by 4. Arresto mayor —5 years
years
imprisonment for 2 years or 5. Light penalties — 1 year
5. Libel and other similar offenses more, but less than 6 years — 8
— 1 year years
6. Oral defamation and slander by
4. Offences punished by
deed — 6 months
imprisonment for 6 years or
7. Light penalties — 2 months more — 12 years
5. Treason — 20 years
6. Violations penalized by
municipal ordinances — 2
months
TITLE 1 — CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CRIME ELEMENTS

TREASON 1. WHO [2] — That the offender is either —

(ART. 114) a. Filipino citizen
b. Resident alien
2. WHEN — That there is a war in which the Philippines is involved
3. ACT [2] — That the offender either —
a. Levies war against the government
b. Adheres to the enemies, giving them aid or comfort
4. PROOF — Treason needs to be proved by —
a. Testimony of at least 2 witnesses to the same overt act
b. Confession of the accused in open court

Sub-requisites for the ACT —

1. Levying War —
a. ACT — That there be an actual assembling of men
b. WHY — For the purpose of executing a treasonable design by force, with intent to overthrow the
government in favour of another enemy country
2. Adherence of the enemy —
a. WHY — Adherence to the enemy/Intent to betray
b. ACT — Giving aid or comfort to the enemy

CONSPIRACY TO 1. ACT — Two or more persons come to an agreement to levy war against the government or to adhere to the
COMMIT TREASON enemies and to given them aid or comfort, and decide to commit it
(ART. 115) 2. WHEN — Time of war

PROPOSAL TO COMMIT 1. ACT —A person who has decided to commit treasonous acts, proposes its execution to some other person
TREASON or persons
(ART. 115) 2. WHEN — Time of war

MISPRISION OF 1. WHO — Filipino citizen

TREASON 2. WHEN — He has knowledge of any conspiracy (to commit treason)
(ART. 116) 3. ACT — He conceals or does not disclose and make known the conspiracy as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides

ESPIONAGE Espionage by Unauthorized Entry in Restricted Areas

(ART. 117) 1. WHO — Any person who has no authority
2. ACT — Entering a warship, fort, or naval or military establishment or reservation
3. WHY — Purpose is to to obtain any information, plans photographs, or other data of a confidential nature
relative to the defense of the Philippines

Espionage by Unauthorized Disclosure of Information

1. WHO — Public officer
2. WHAT — He has in his possession the articles, data, or information of a confidential nature relative to the
defense of the Philippines, by reason of the public office he holds
3. ACT — He discloses their contents to a representative of a foreign nation

INCITING TO WAR OR 1. ACT — Offender performs unlawful or unauthorised acts

GIVING MOTIVES FOR 2. EFFECT [2] — Such acts either —
REPRISALS a. Provoke or give occasion for a war involving or liable to involve the Philippines
b. Expose Filipino citizens to reprisals on their persons or property
(ART. 118)
3. WHEN — Time of peace
 CRIME ELEMENTS

VIOLATION OF 1. WHEN — During a war in which the Philippines is NOT involved

NEUTRALITY 2. WHEN — There is a regulation issued by competent authority for the purpose of enforcing neutrality
(ART. 119) 3. ACT — Offender violates the regulation issued by authorities for the purpose of enforcing neutrality

CORRESPONDENCE 1. WHEN —Time of war

WITH HOSTILE 2. ACT [2] — Offender makes correspondence with either —
COUNTRY a. An enemy country
b. Territory occupied by enemy troops
(ART. 120)
3. WHAT [3] — Correspondence is either —
a. Prohibited by the government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy

QUALIFYING (WHY) — If notice of information be given thereby which might be useful to the enemy and the
offender intended to aid the enemy by giving such notice or information. (Qualified to Treason)

FLIGHT TO ENEMY 1. WHEN — Time of war

COUNTRY 2. WHEN — Going to the enemy country must be prohibited by competent authority
(ART. 121) 3. WHO [2] — Offender is either a —
a. Filipino Citizen
b. Resident Alien
4. ACT — Offender attempts to flee or go to enemy country

PIRACY Piracy under the Revised Penal Code

(ART. 122, 123, PD 1. WHERE [2] — The vessel is either on the—
532) a. High seas
b. Philippine waters
2. WHO — Offenders who are NOT Members of its complement or passengers
3. ACT [2] — Offender attacks, seizes or takes away the any of the following —
a. Whole or part of a vessel
b. Cargo
c. Equipment
d. Personal belongings of the complement or passengers
4. WHY — Intent to gain

QUALIFYING [3]— Qualified to Qualified Piracy

1. HOW — Whenever the offenders have seized the vessel by boarding or firing upon the same
2. WHEN — Whenever the pirates have abandoned their victims without means of saving themselves
3. WHEN — Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

Piracy under PD 532

1. WHERE — Vessel in on Philippine waters (not on the High Seas)
2. WHO — Any person (including a passenger or member of the complement of said vessel)
3. ACT— Offender attacks, seizes or takes away the any of the following, irrespective of the value thereof—
a. Whole or part of a vessel
b. Cargo
c. Equipment
d. Personal belongings of the complement or passengers
4. WHY — Intent to gain
5. HOW [2]— Either by means of —
a. Violence against or intimidation of persons
b. Force upon things
 CRIME ELEMENTS

QUALIFYING [3] —
1. HOW — Whenever the offenders have seized the vessel by boarding or firing upon the same
2. WHEN — Whenever the pirates have abandoned their victims without means of saving themselves
3. WHEN — When ANY other crimes are committed as a result of, or on occasion of, the piracy
‣ NOTE — If the offenders committing piracy and mutiny sow and create a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to give in to an
unlawful demand, they are also liable for Terrorism under RA 9372.

MUTINY 1. WHERE — On a vessel on the high seas or in Philippine waters

(ART. 122, 123) 2. WHO — Offenders are members of its complement of crew or are passengers
3. ACT — Offenders raise commotions to protest, or go against the lawful command of the captain
employing violence and endangering the safety of the passengers (intent to gain not necessary)
‣ QUALIFYING (WHEN) — Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape (Qualified to Qualified Mutiny)
‣ NOTE — If the offenders committing piracy and mutiny sow and create a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to give in to an
unlawful demand, they are also liable for Terrorism under RA 9372.

ACTS INIMICAL TO ACT [5]— Offender either —

CIVIL AVIATION 1. Compels a change in the course or destination of a Philippine aircraft
(RA 6235) 2. Compels a Foreign aircraft to land in Philippine territory
3. Seizes or usurps the control of a Philippine aircraft while it is in flight.
4. Seizes or usurps the control of a Foreign Aircraft while it is within the said territory
5. Ships, loads or carries in any passenger aircraft operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or material

QUALIFYING (WHEN) [3] — The penalty is increased whenever the offender either—
1. Fires upon the pilot, member of the crew or passenger of the aircraft
2. Causes attempts to cause the explosion of any bomb or explosive to destroy the aircraft
3. The crime is accompanied by murder, homicide, serious physical injuries or rape

PIRACY UNDER THE RPC VS UNDER PD 532

ART. 122, RPC (as amended by RA 7659) PD 532

WHERE May be in Philippine Waters or in the High Must be in Philippine Waters

Seas

WHO Persons must be a stranger to the vessel. Any person including a passenger or member of
They must not be members of the the complement
complement or passengers

ACT Same

HOW No manner required Must be with violence against or intimidation of

persons or with force upon things

QUALIFYING Same, except that in Art. 122, the enumeration of crimes accompanying the Piracy is limited to
murder, homicide, physical injuries, or rape. In PD 532, it may comprehend any other crime
 TITLE 2 — CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CRIME ELEMENTS

ARBITRARY DETENTION Arbitrary Detention by Detention without Legal Grounds

(ART. 124-126) 1. WHO — Public officer or employee
2. ACT — That he detains a person without legal grounds

Arbitrary Detention by Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
1. WHO — Public officer or employee
2. WHEN — That he has arrested and detained a person for some legal ground without a warrant
3. ACT — He fails to deliver such person to the proper judicial authorities within the following periods —
a. 12 hours — for crimes punishable by light penalties or their equivalent
b. 18 hours — for crimes punishable by correctional penalties or their equivalent
c. 36 hours — for crimes punishable by afflictive or capital penalties or their equivalent

Arbitrary Detention by Delaying the Release of Prisoners

1. WHO — Public officer or employee
2. ACT [3] — He either —
a. Delays the performance of a judicial or executive oder for the release of the prisoner
b. Unduly delays the service of the notice of such order to said prisoner
c. Unduly delays the proceedings upon any petition for the liberation of such person

EXPULSION 1. WHO — Public officer or employee

(ART. 127) 2. WHEN — When he is not authorised by law, such as the courts or the President in the proper cases
3. ACT [2] — He either —
a. Expels any person from the Philippines
b. Compelling a person to change his residence

VIOLATION OF Art. 128 — Violation of Domicile Without Search Warrant

DOMICILE 1. WHO — Public officer or employee
(ART. 128-130) 2. WHEN — No search warrant issued
3. ACT [3] —The offender either —
a. Enters any dwelling against the will of the owner
b. Searches papers or other effects in the domicile without the previous consent of the owner
c. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same
‣ QUALIFYING — Qualified to Qualified Violation of Domicile
4. WHEN — If the offense is committed at nighttime
5. ACT — If any papers or effects not constituting evidence of a crime are not returned immediately after the
search made by the offender
Art. 129 —Violation of Domicile by Maliciously Obtained Search Warrant or Abusing Search Warrant
1. WHO — Public officer or employee
2. WHEN — There is a search warrant issued
3. ACT [2] — The offender either —
a. Procures a search warrant without just cause
b. Exceeds his authority or by using unnecessary severity in executing a search warrant legally procured
Art. 130 — Violation of Domicile by Searching Domicile without Witness
1. WHO — Public officer or employee
2. WHEN — When the search is proper, meaning there is a search warrant issued
3. WHEN — That the owner, or any member of his family, or two witnesses residing in the same locality are
not present
4. ACT — That he searches the domicile, papers or other belongings of any person (applies only to search of
domicile)
 CRIME ELEMENTS

ANTI-WIRETAPPING 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or
ACT spoken word —
(SEC. 1,2, RA 4200) a. To tap any wire or cable, or
b. 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
dictaphone or walkie-talkie or tape-recorder, or however otherwise described.
2. 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 to—
a. 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
b. Replay the same for any other person or persons; or
c. Communicate the contents thereof, either verbally or in writing; or
d. Furnish transcriptions thereof, whether complete or partial, to any other person.
3. Any person who wilfully 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 cause such violation

PROHIBITION, 1. WHO — Public officer or employee who is not part of the meeting
INTERRUPTION, AND 2. ACT [3] — The offender either —
DISSOLUTION OF a. Prohibits, interrupts, or dissolves without legal ground, the holding of a peaceful meeting (not by a
municipal council)
PEACEFUL MEETINGS
b. Hinders any person from joining any lawful association or from attending any of its meetings
(ART. 131)
c. Prohibits or hinders any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances

CRIMES AGAINST Interruption of Religious Worship

RELIGIOUS WORSHIP 1. WHO — Public officer or employee
(ART. 132, 133) 2. WHEN — That religious ceremonies or manifestations of any religion are about to take place or are going on
3. ACT — Preventing or disturbing such religious ceremony or manifestation
‣ QUALIFYING (HOW) — Crime is committed with violence or threats

Offending Religious Feelings

1. WHO — Any person
2. ACT — Offender performs acts which are notoriously offensive to the feelings of the faithful
3. WHY — There must be deliberate intent to hurt the feelings of the faithful
4. WHERE/WHEN [2] — Acts where performed either —
a. WHERE — In a place devoted to religious worship
b. WHEN — During celebration of any religious ceremony

ACTS PUNISHABLE UNDER ART. 128 — VIOLATION OF DOMICILE WITHOUT SEARCH WARRANT

1ST ACT 2ND ACT 3RD ACT

HOW ENTRANCE Entry here must be against Entry here presupposes either a Entry here presupposes a
WAS MADE the will of the owner, which is prior admittance to the domicile/ surreptitious entry by the
made either expressly or residence by the owner or an entry offender, means that the
impliedly as when the door is without the knowledge of the entry is only without the
closed even if it is unlocked owner consent

PUNISHABLE ACT Entering any dwelling against Searcing papers or other effects in Refusal of the offender to
the will of the owner the domicile without the previous leave the premises when
consent of the owner required to do so by the
owner
 TITLE 3 — CRIMES AGAINST PUBLIC ORDER

ELEMENTS

REBELLION OR 1. ACT — Public uprising

INSURRECTION 2. HOW — Taking up arms against the government
(ART. 134) 3. WHY [2] — Purpose of the uprising or movement is either —
a. To remove from the allegiance to said Government, the territory of the Philippines or any part thereof, or
any body of island, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives

COUP D’ETAT 1. WHO [3] — The offenders are either —

(ART. 134-A) a. Members of the military
b. Members of the police
c. Holders of public office or employment
2. ACT — Swift attack singly or simultaneously carried out anywhere in the Philippines
3. HOW — By means of violence, intimidation, threat, strategy, or stealth
4. WHO-PASSIVE [3] — Attack is directed against either —
a. Duly constituted authorities of the Republic of the Philippines
b. Any military camp or installation
c. Communications networks, public utilities, or other facilities needed for the exercise and continued
possession of power
5. WHY — Purpose of the attack is to seize or diminish state power

CONSPIRACY AND ACT [4] —

PROPOSAL TO COMMIT 1. Conspiracy to commit rebellion or insurrection
COUP D’ETAT, 2. Proposal to commit rebellion or insurrection
REBELLION OR 3. Conspiracy to commit coup d’etat
4. Proposal to commit coup d’etat
INSURRECTION
(ART. 136)

DISLOYALTY OF PUBLIC 1. WHO —Public officers or employees

OFFICERS OR 2. WHEN — Existence of a rebellion
EMPLOYEES 3. ACT [3] — The offender either —
a. Fails to resist a rebellion by all the means in their power
(ART. 137)
b. Continues to discharge the duties of their offices under the control of rebels
c. Accepts an appointment to office under the rebels

INCITING TO REBELLION 1. WHO — Offender who does not take arms or is not in open hostility against the government
(ART. 138) 2. ACT — He incites others to the execution of any of the acts of rebellion (he incites others to rise publicly
or take up arms against the government to achieve the purposes of rebellion)
3. HOW — Inciting is done by means of speeches, proclamations, writings, emblems, banners, or other
representations tending to the same end

SEDITION 1. WHO — At least 4 persons tumultuously

(ART. 139) 2. ACT — Rising publicly and tumultuously
3. HOW — They employ force, intimidation, or other means outside of legal methods
4. WHY [5] — offenders seek to attain the following objectives —
a. Prevent the —
i. Promulgation or execution of any law
ii. Holding of any popular election
iii. National Government or any provincial or municipal government, or any public officer thereof from
freely exercising its or his functions
iv. Execution of any administrative order
b. To inflict any act of hate or revenge upon the person or property of any public officer or employee
c. To commit, for any political or social end, any act of hate or revenge against private persons or any
 ELEMENTS

social class
d. 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.

CONSPIRACY TO ACT — When two or more persons come to an agreement and a decision to attain an object of sedition and to
COMMIT SEDITION rise publicly and tumultuously
(ART. 141)

INCITING TO SEDITION 1. Inciting to Sedition to Accomplish any of its Objects

(ART. 142) a. WHO — Offender who does NOT take direct part in the crime of sedition
b. ACT — He incites others to the accomplishment of any of the acts which constitute sedition (he incites
others to rise publicly and tumultuously to achieve the purposes of sedition)
c. HOW — That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end
2. Inciting by Sedition by Uttering Seditious Words or Speeches
a. ACT — Uttering seditious words or speeches
b. EFFECT — Such words or speeches tend to disturb the public peace
3. Inciting by Sedition by Writing, Publishing, or Circulating Scurrilous Libels
a. ACT — Writing, publishing, or circulating scurrilous libels
b. WHO-PASSIVE [2] — Either against the —
i. Government
ii. Any of the duly constituted authorities
c. EFFECT [4] — Such libels tend to disturb the public peace by —
i. Tending to disturb or obstruct any lawful officer in executing the functions of his office
ii. Tending to instigate others to cabal and meet together for unlawful purposes
iii. Suggesting or inciting rebellious conspiracies or riots
iv. Leading or tending to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government
4. Inciting by Sedition by Knowingly Concealing such Evil Practices
a. ACT — Offender knowingly conceals any act which constitutes Sedition

WHO ARE PERSONS IN 1. Persons in Authority

AUTHORITY AND THEIR a. Any person who is directly vested with jurisdiction, whether as an individual or as a member of some
AGENTS; PUBLIC court or governmental corporation, board, or commission. Barrio captains and a barangay chairmans
OFFICERS are also deemed to be persons in authority.
(ART. 152, 203) b. For the limited purpose of applying the provisions of Articles 148 and 151 of this Code, the following
are considered persons in authority while they are in the actual performance of their professional

duties —
i. Teachers and Professors
ii. Persons charged with the supervision of schools
iii. Lawyers
2. Agents of Persons in Authority
a. 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

b. Any person who comes to the aid of persons in authority

3. Public Officers — Any person who, by direct provision of the law, election or appointment, shall take part
in the performance of public functions in the Government of the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as an employee, agent or subordinate official, of any
rank or class
 ELEMENTS

DIRECT ASSAULTS Without public uprising, by employing force or intimidation for the attainment of any of the purposes
(ART. 148) enumerated in defining the crimes of rebellion and sedition
1. WHEN — That there is no public uprising
2. ACT — Offender commits any act to attain any of the purposes of the crime of Rebellion or Sedition
3. HOW [2] — By either —
a. Force
b. Intimidation
4. WHY [7] — To objective of is to attain any of the purposes of the crime of Rebellion or Sedition —
a. To remove from the allegiance to said Government, the territory of the Philippines or any part thereof, or
any body of island, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives
c. Prevent the —
i. Promulgation or execution of any law
ii. Holding of any popular election
iii. National Government or any provincial or municipal government, or any public officer thereof from
freely exercising its or his functions
iv. Execution of any administrative order
d. To inflict any act of hate or revenge upon the person or property of any public officer or employee
e. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class
f. 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.

QUALIFYING [3] — Qualified to Qualified Direct Assault

1. HOW — That the assault is committed with a weapon
2. WHO — When the offender is a public officer or employee
3. HOW— When the offender lays hands upon a person in authority

Without public uprising, by attacking, by employing force, or by seriously intimidating or seriously

resisting any person in authority or any of his agents, while engaged in the performance of official
duties, or on the occasion of such performance
1. WHEN — That there is no public uprising
2. WHO-PASSIVE — That the person assaulted is a person in authority or his agent
3. ACT — That the offender assaults such person
4. HOW [2] — By either —
a. Making an attack
b. Employing force
c. Making a serious intimidation
d. Making a serious resistance
5. WHEN/WHY [2] — That at the time of the assault the person in authority or his agent is either —
a. WHEN — Engaged in the actual performance of official duties
b. WHY — Assaulted by reason of the past performance of official duties
6. WHY — There is intent to defy such authorities (the offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his duties)

QUALIFYING [3] — Qualified to Qualified Direct Assault

1. HOW — That the assault is committed with a weapon
2. WHO — When the offender is a public officer or employee
3. HOW— When the offender lays hands upon a person in authority
 ELEMENTS

INDIRECT ASSAULTS 1. WHEN — That a person in authority or his agent is the victim of any of the forms of Direct Assault defined
(ART. 149) in Art. 148 and a person comes to the aid of them
2. WHO- PASSIVE — The person comes to the aid of agents of persons in authority
3. ACT — That the offender assaults such person
4. HOW [2] — By either —
a. Force
b. Intimidation

RESISTANCE OR 1. WHEN — That a person in authority or his agent is engaged in the performance of official duty and gives a
SERIOUS lawful order to the offender
DISOBEDIENCE TO A b. WHEN — The act of the offender is NOT included in the provisions of —
PERSON IN AUTHORITY i. Art. 148 (Direct Assault)
ii. Art. 149 (Indirect Assault)
OR HIS AGENT
iii. Art. 150 (Disobedience to Summons)
(ART. 151) 2. ACT [2] — Offender either —
a. Resists (Must not be serious)
b. Seriously Disobeys

SIMPLE DISOBEDIENCE 1. WHEN — An agent of a person in authority is engaged in the performance of official duty and gives a
TO AN AGENT OF A lawful order to the offender
PERSON IN AUTHORITY 2. ACT — Offender disobeys such agent of a person in authority (Disobedience must not be serious)
(ART. 151)

DISOBEDIENCE TO ACT [5] — The offender either —

CONGRESS 1. Refuses, without legal excuse, to obey the summons of the National Assembly, its special or standing
(ART. 150) committees and subcommittees, the Constitutional Commissions, and its committees, subcommittees, or
divisions, or by any commission or committee chairman or member authorised to summon witnesses.
2. Refuses to be sworn or placed under affirmation while being before such legislative or constitutional body or
official
3. Refuses to answer any legal inquiry or to produce any books, papers, documents, or records in his
possession, when required by them to do so in the exercise of their functions
4. Restrains another from attending as a witness in such legislative or constitutional body
5. Induces disobedience to a summons or refusal to be sworn by any such body or official

TUMULTS AND OTHER ACT [5] — The offender either —

DISTURBANCES OF 1. Causes any serious disturbance in a public place, office or establishment
PUBLIC ORDER 2. Interrupts or disturbs performances, functions or gatherings or peaceful meetings, if the act is not included in
(ART. 153)
Art. 131 and 132
a. Art. 131 — Prohibition, Interruption, and Dissolution of Peaceful Meetings by Public Officers
b. Art. 132 — Interruption of Religious Worship by Public Officers
3. Makes an outcry tending to incite rebellion or sedition in any meeting, association or public place
4. Displays Placards or Emblems which provoke a disturbance of public order in any meeting, association or
public place
5. Buries with pomp the body of a person who has been legally executed

QUALIFYING (HOW) — For the 1st and 2nd Act, if the disturbance and interruption is of a tumultuous
character
 ELEMENTS

ALARMS AND ACT [4] — The offender either —

SCANDALS 1. Discharges any firearm, rocket, firecracker, or other explosive within any town or public place, which
(ART. 155) produces alarm or danger
2. Instigates or takes an active part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility
3. Disturbs the public peace while wandering about at night or while engaged in any other nocturnal
amusements
4. Causes any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not
applicable

UNLAWFUL USE OF ACT [4] — 4 ways of commission —

MEANS OF 1. Any person who by means of printing, lithography, or any other means of publication shall publish or
PUBLICATION AND cause to be published as news any false news which may endanger the public order, or cause
UNLAWFUL damage to the interest or credit of the State
UTTERANCES
a. ACT — Knowingly publishing or cause to be publish any false news
(ART. 154) b. EFFECT [2] — Such false news may either —
i. Endanger the public order,
ii. Cause damage to the interest or credit of the state
c. HOW — By means of printing, lithography, or any other means of publication
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
a. ACT [2] — The offender either —
i. Encourages disobedience to the law or to the constituted authorities
ii. Praises, justifies, or extols any act punished by law
b. HOW — By means of printing, lithography, or any other means of publication or by words, utterances
or speeches

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
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

ILLEGAL ASSEMBLIES Any meeting attended by armed persons for the purpose of committing any of the crimes punishable
(ART. 146) under the RPC
1. WHEN — That there is a meeting or gathering, whether in a fixed place or moving, attended by armed
persons for the purpose of committing any of the crimes punishable under the RPC
2. WHO — Organizers, leaders, or those merely present (some of whom are armed)
3. WHY — Offenders should have knowledge of the purpose of the meeting (not merely attending out of
sheer curiosity)

4. ACT [2] — Those who either—

a. Organize
b. Attend

Any meeting in which the audience is incited to the crime of Treason, Rebellion, or Insurrection,
Sedition, or Direct Assault
1. WHEN — That there is a meeting, a gathering or group or persons, whether in a fixed place or moving
2. WHO — Any persons attending such meeting, whether armed or not
3. ACT — Attending a meeting where the audience is incited to the commission of the crime of either —
a. Treason
b. Rebellion or insurrection
c. Sedition
d. Direct assault
 ELEMENTS

ILLEGAL ASSOCIATIONS 1. ACT — Totally or partially organizing an association

(ART. 147) 2. WHY [2] —
a. For the purpose of committing any of the crimes punishable under the RPC
b. For some purpose contrary to public morals

ACTS TENDING TO 1. WHEN [2] — That there be a projected or actual meeting of either —
PREVENT THE MEETING a. Congress or any of its committees of subcommittees, constitutional committees, or divisions thereof
OF THE CONGRESS AND b. Any provincial, city or municipal council or board
3. ACT — That the offender who may be any person prevents such meeting
OTHER SIMILAR
4. HOW — By force or fraud
BODIES
(ART. 143)

DISTURBANCE OF 1. WHEN — That there be a meeting of Congress or any of its committees, subcommittees, constitutional
PROCEEDINGS OF OF commissions or committees or divisions thereof, or of any provision board or city or municipal council or
CONGRESS OR SIMILAR board
BODIES 2. ACT [2] — The offender either —
(ART. 144) a. Disturbs any of such meetings
b. Behaves while in the presence of any of such bodies in such a manner as to interrupt its proceedings
or to impair the respect due it

VIOLATION OF By Preventing any Member of Congress from attending the Meetings of the Assembly, from Expressing his
PARLIAMENTARY Opinions, or Casting his Vote
IMMUNITY 1. WHO — Any person
(ART. 145) 2. ACT [3] — Offender prevents any member of the National Assembly from —
a. Attending the meetings of Congress, any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof
b. Expressing his opinions
c. Casting his vote
3. HOW — Offender acts with force, intimidation, threats or fraud

By Arresting or Searching any Member of Congress while it is Session

1. WHO — Offender is a public officer or employee
2. WHEN — Congress is in regular or special session
3. ACT — He arrests or searches any member of Congress
4. WHEN — That the member arrested or searched has NOT committed a crime punishable under the Code by
a penalty of prision mayor or higher (higher than 6 years)

DELIVERY OF 1. WHEN — That there is a persons confined in a jail or penal establishment

PRISONERS FROM JAILS 2. WHO — Any person who does NOT have custody of the prisoner
3. ACT [2] — That the offender either —
(ART. 156)
a. Removes therefrom such person
b. Helps the escape of such person

QUALIFYING (HOW) — Act is committed by means of violence, intimidation, or bribery

MITIGATING (WHERE) — If the escape of the prisoner shall take place outside of the jail or penal
establishment by taking the guards by surprise
 ELEMENTS

EVASION OF SERVICE Art. 157 — By Escaping during the Term of his Sentence
OF SENTENCE 1. WHO — Offender is a convict by final judgment who is serving his sentence which consists in deprivation of
(ART. 157-159) liberty
2. ACT — He evades the service of his sentence by escaping during the term of his sentence

QUALIFYING (HOW) — Qualified to Qualified Service of Sentence

1. By means of scaling or climbing
2. By breaking doors, windows, gates, walls, roofs, or floors
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation
4. Through connivance with other convicts or employees of the penal institution

Art. 158 — By Escaping on the Occasion of Disorders

1. WHO — Offender is a convict by final judgment, who is confined in a penal institution
2. WHEN [5] — That there is a disorder, resulting from —
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. WHEN — 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. ACT — 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

Art. 159 — By Violating the Conditions of Conditional Pardon

1. WHO — Offender was a convict granted conditional pardon by the Chief Executive
2. ACT — Such offender violated any of the conditions of such pardon
 TITLE 4 — CRIMES AGAINST PUBLIC INTEREST

CRIME ELEMENTS

HOW FORGERY IS 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the
COMMITTED appearance of a true genuine document.
(ART. 169) 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

COUNTERFEITING THE ACT [3] — Offender either forges the —

GREAT SEAL, OR 1. Great Seal of the Government of the Philippines
FORGING THE 2. Signature of the President
SIGNATURE OR STAMP 3. Stamp of the President
OF THE PRESIDENT
(ART. 161)

USING FORGED 1. WHEN — That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
SIGNATURE OR Executive was forged by another person
COUNTERFEIT SEAL OR 2. WHO — Offender knew the counterfeiting or forgery
STAMP 3. ACT — He used the counterfeit seal or forged signature or stamp
(ART. 162)

MAKING, IMPORTING 1. WHAT [2] — Any of the following false or counterfeited coins —
AND UTTERING FALSE a. Current or withdrawn coins of the Philippines
COINS b. Current or withdrawn coins of Foreign Countries
(ART. 163) 2. ACT [3] — Offender either —
a. Made or counterfeited such coins
b. Imported such coins
c. Uttered such coins in connivance with the counterfeiters or importers

MUTILATION OF COINS, 1. WHAT — Current coins of the Philippines (does not include those of a foreign country or those withdrawn) 2.
IMPORTATION AND ACT [3] —
UTTERING OF a. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to
MUTILATED COINS defraud another
(ART. 164) b. Importing such mutilated current coins
c. Uttering such mutilated current coins in connivance with the mutilator or importer in case of uttering

SELLING OF FALSE OR ‣ ACT [2] — The offender either knowingly—

MUTILATED COINS, a. Possesses counterfeited or mutilated coins with the intent to utter them
WITHOUT CONNIVANCE b. Utters counterfeited or mutilated coins
(ART. 165)

FORGING, IMPORTING, 1. WHAT (3) —

AND UTTERING a. Treasury or bank notes
TREASURY OR BANK b. Certificates
c. Other document payable to the bearer issued by the PH government or foreign government or PH/
NOTES, OR OTHER
foreign bank
DOCUMENTS PAYABLE
TO BEARER
2. ACT [3] —
a. Forging or falsification of treasury or bank notes or other document payable to the bearer
(ART. 166) b. Importation of such false or forged obligations or notes
c. Uttering such false or forged obligations or notes in connivance with the forgers or importers
 CRIME ELEMENTS

COUNTERFEITING, 1. WHAT [2] —

IMPORTING, AND a. Instrument payable to order
UTTERING b. Other document of credit not payable to bearer
INSTRUMENTS NOT 2. ACT [3] —
PAYABLE TO BEARER a. Forging
(ART. 167) b. Importing
c. Uttering in connivance with the forger or importer

ILLEGAL POSSESSION 1. WHEN [2] — That either of the following finical instruments is falsified or forger by another person —
AND USE OF FORGED a. Any treasury or bank note or certificate or other obligation and security payable to bearer
TREASURY OR BANK b. Any instrument payable to order or other document of credit not payable to bearer is forged
NOTES AND OTHER 3. WHO — Offender knows that any of those instruments is forged or falsified
INSTRUMENTS OF 4. ACT [2] — Offender either —
a. Uses any such forged or falsified instruments
CREDIT
b. Possess with intent to use any of such forged or falsified instruments
(ART. 168)

FALSIFICATION OF 1. WHEN — That there be a bill, resolution, or ordinance enacted or approved or pending approval by either
LEGISLATIVE House or Legislature or any local legislative bodies
DOCUMENTS 2. ACT — Offender, without authority, alters such bill, resolution or ordinance in such a way that the it has
(ART. 170) changed the meaning of the document

FALSIFICATION OF Falsification of document by a public officer, employee, or notary public

DOCUMENT BY A PUBLIC 1. WHO — Offender is a public officer, employee or notary public who takes advantage of his position
OFFICER, EMPLOYEE, 2. ACT [8] — He falsifies a document by committing any of the following acts —
OR NOTARY PUBLIC
a. Counterfeiting or imitating any handwriting, signature, or rubric
b. Causing it to appear that persons have participated in any act or proceeding when they did not in
(ART. 171) fact so participate

c. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them.
d. Making untruthful statements in a narration of facts
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes its meaning
g. Issuing in 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
h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book

Falsification of document by an ecclesiastical minister

1. WHO — Offender is an ecclesiastical minister
2. ACT — The act of falsifications of falsification as enumerated above is committed with respect to any
record or document which affect the civil status of persons

FALSIFICATION OF A 1. WHO [2] — That the offender is either a—

PUBLIC, OFFICIAL, OR a. Private individual
COMMERCIAL b. Public officer or employee who does NOT take advantage of his official position
DOCUMENT BY A 2. ACT [8] — That he committed any of the acts of falsification enumerated in Art. 171
PRIVATE INDIVIDUAL 3. WHAT [3] — That the falsification was either committed in a —
a. Public
(ART. 172)
b. Official
c. Commercial document
 CRIME ELEMENTS

FALSIFICATION OF A 1. WHO — Any person

PRIVATE DOCUMENT BY 2. ACT [8] — That the offender committed any of the acts of falsification in Art. 171
ANY PERSON 3. WHAT — That the falsification was committed in a private document
4. EFFECT— That the falsification caused damage to a third party or at least the falsification was committed
(ART. 172[2]) with intent to cause damage (means the private document must be used/uttered) (Element of Damage)

USE OF FALSIFIED Introducing a Falsified Document in a Judicial Proceeding

DOCUMENT 1. WHEN — Offender knows that a document was falsified by another person
(ART. 172[3]) 2. WHAT — That the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of article 172.
(Means the document must be public, official, commercial, or private)
3. ACT — He introduced said document in evidence in any judicial proceeding

Use of a Falsified Document in Any Other Transaction

1. WHEN — Offender knows that a document was falsified by another person
2. WHAT — That the false document is embraced in Art. 171 or in any subdivisions No. 1 or 2 of article 172.
(Means the document must be public, official, commercial, or private)
3. ACT — That he used such document (not in judicial proceedings)
4. EFFECT — That the use of the false document caused damage to another or at least it was used with
intent to cause such damage (Element of Damage)

FALSIFICATION OF 1. WHO [2] — Offender is either an —

WIRELESS, TELEGRAPH, a. Officer or employee of the government
AND TELEPHONE
b. Officer of employee of a private corporation engaged in the service of sending or receiving wireless,
cable, or telephone message
MESSAGES
2. ACT [2] —
(ART. 173)
a. Uttering fictitious/false wireless, cable, telegraph, or telephone message
b. Falsifying wireless, cable, telegraph, or telephone messages

USE OF FALSIFIED 1. WHEN — That the accused knew that wireless, cable, telegraph, or telephone message was falsified by
WIRELESS, TELEGRAPH, any of the persons specified int he first paragraph of Art. 173
AND TELEPHONE 2. ACT — Accused used such falsified dispatch
MESSAGES 3. EFFECT — 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 (Element of Damage)
(ART. 173[2])

ISSUANCE OF FALSE Issuance of False Medical Certificate

MEDICAL 1. WHO — Any physician or surgeon
CERTIFICATES, FALSE 2. ACT — Issuance of false medical certificates
CERTIFICATES OF
MERIT OR SERVICE Issuance of False Merit of Service, Good Conduct or Similar Circumstances
(ART. 174) 1. Any public officer
2. Issuance of false certificate of merit of service, good conduct or similar circumstances

FALSIFICATION OF 1. WHO — Any person

MEDICAL 2. ACT — Falsifying either any —
a. Medical certificate
CERTIFICATES, FALSE
b. Certificate of merit of service, good conduct or similar circumstances
CERTIFICATES OF
MERIT OR SERVICE
(ART. 174)

USE OF FALSE 1. WHO — Any person

CERTIFICATES 2. ACT — Knowingly using of any of the following false certificates —
a. Medical certificate
(ART. 175)
b. Certificate of merit of service, good conduct or similar circumstances
3. WHY — Offender must have knowledge of the falsity
 CRIME ELEMENTS

MANUFACTURING AND ACT [2] — Offender either —

POSSESSION OF 1. Makes or introduces into the Philippine Islands any stamps, dies, marks, or other instruments or
INSTRUMENTS OR implements intended to be used in the commission of the offenses of counterfeiting or falsification
IMPLEMENTS FOR 2. Possesses, with intent to use, the instruments or implements for counterfeiting or falsification made in or
FALSIFICATION introduced into the Philippines by another person
(ART. 176)

USURPATION Usurpation of Authority

(ART. 177) ‣ ACT — By knowingly and false representing oneself to be an officer, agent, or representative of any
department or agency of the Philippine Government or any Foreign Government

Usurpation of Official Functions

1. ACT — By performing any act pertaining to any person in authority or public officer of the Philippine
Government or of a Foreign Government or any agency thereof, under pretense of official position
2. WHEN — Without being lawfully entitled to do so

USING FICTITIOUS Using Fictitious Name

NAME AND 1. ACT — Offender uses a name other than his real name
CONCEALING TRUE 2. HOW — He uses that fictitious name publicly
NAME 3. WHY [3] — Purpose of the offender is —
a. To conceal a crime
(ART. 178)
b. To evade the execution of a judgment
c. To cause damage to public interest

Concealing True Name

1. ACT [2] — That the offender conceals —
a. His true name
b. All other personal circumstances
2. WHY — Purpose is only to conceal his identity

ILLEGAL USE OF 1. ACT — Offender makes use of insignia, uniform, or dress

UNIFORM OR INSIGNIA 2. WHAT — That the insignia, uniform, or dress pertains to an office not held by the offender or to a class of
(ART. 179) persons of which he is not a member
3. HOW — That said insignia, uniform or dress is used publicly and improperly

FALSE TESTIMONY 1. WHEN — That there be a criminal proceeding

AGAINST DEFENDANT 2. WHEN [2] — The defendant of the proceeding in which the offender testified false against is either —
IN CRIMINAL CASES
a. Acquitted
b. Convicted by final judgment and sentenced to at least a correctional penalty (does not include arresto
(ART. 180)
menor) or imposed a fine
3. ACT — That the offender testifies falsely under oath against the accused therein
4. WHO — Offender has knowledge that the testimony he gives is false (there is intent to prejudice the
accused)

FALSE TESTIMONY IN 1. WHEN — That there be a criminal proceeding

FAVOR OF DEFENDANT 2. ACT — Offender gives false testimony under oath in favor of the accused
3. WHO — Offender has knowledge that the testimony he gives is false (there is intent to favor the accused)
IN CRIMINAL CASES
(ART. 181)

FALSE TESTIMONY IN 1. WHEN — That there is a civil case

CIVIL CASES 2. ACT — Offender gives false testimony related to the issues presented in said case
3. WHO — Offender has knowledge that the testimony he gives is false. It should malicious and given with
(ART. 182)
an intent to affect the issues presented in said case
 CRIME ELEMENTS

FALSE TESTIMONY IN 1. ACT [2] — That the accused made a statement under oath or executed an affidavit upon a material matter
OTHER CASES AND which contains a wilful and deliberate assertion of falsehood
PERJURY 2. HOW — That the statement or affidavit was made before a competent officer, authorized to receive and
(ART. 183) administer oath
3. WHEN — That the sworn statement or affidavit containing falsity is required by law (simply means that it is
made for a legal purpose, specific law not necessary)

OFFERING FALSE 1. WHEN — There is a judicial or official proceeding

TESTIMONY IN 2. ACT — That the offender offered in such proceeding, evidence of a false witness or false testimony
EVIDENCE 3. WHY — Offender knows that the witness or the testimony is false
(ART. 184)

MACHINATIONS IN 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public
PUBLICATION auction
(ART. 185) a. WHEN — There is a public auction
b. ACT — The offender solicits any gift or promise from any of the bidders as consideration from his
refraining from taking part in that public auction
c. WHY — There is an intent to cause the reduction of the price of the thing auctioned
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other
artifice
a. WHEN — There is a public auction
b. ACT — That the accused attempted to cause the bidders to stay away from that public auction.
c. HOW — It was done by threats, gifts, promises or any other artifice.
d. WHY — There is an intent to cause the reduction of the price of the thing auctioned.

MONOPOLIES AND 1. Combination to prevent free competition in the market

COMBINATIONS IN a. ACT [2] — The offender either —
RESTRAINT OF TRADE i. Enters into any contract or agreement
ii. Takes part in any conspiracy or combination in the form of a trust or otherwise
(ART. 186)
b. WHY — The purpose is either —
i. Restrain trade or commerce
ii. Prevent by artificial means free competition in the market.
2. Monopoly to restrain free competition in the market
a. ACT [2] — The offender either —
i. Monopolizes merchandise or object of trade or commerce
ii. With any other person or persons to monopolize said merchandise or object
b. HOW — By spreading false rumors or making use of any other artifice
c. WHY — The purpose is to alter the prices of such merchandise or object to trade or commerce
3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful commerce or to increase the market price of merchandise
a. WHO — The offender is either any of the following with regard to any merchandise or object of
commerce.—
i. Manufacturer
ii. Producer
iii. Processor
iv. Importer
b. ACT — The offender combines, conspires or agrees with any person
c. WHY — The purpose is either to —
i. Make transactions prejudicial to lawful commerce
ii. Increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Philippines.
 CRIME ELEMENTS

IMPORTATION AND 1. WHAT — Any of the following articles or merchandise is involved —

DISPOSITION OF a. Gold
FALSELY MARKED b. Silver
ARTICLES OR c. Other precious metals
MERCHANDISE MADE d. Any of their alloys
2. ACT — The offender either does any of the following with respect to such articles or merchandise.—
OF PRECIOUS METALS
a. Imports
OR THEIR ALLOYS
b. Sells
(ART. 187) c. Disposes
3. WHEN — The stamps, brands, or marks of such articles of merchandise fail to indicate the actual fineness or
quality of said metals or alloys.
4. WHY — That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or
quality of the metals or alloys.

SUBSTITUTING AND ‣ ACTS [4] — The offender either —

ALTERING TRADE 1. Substitutes the tradename or trademark of some other manufacturer or dealer, or a colorable imitation
MARKS AND TRADE thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of
NAMES OR SERVICE commerce and sells the same.
MARKS 2. Sells or offers for sale such articles of commerce, knowing that the tradename or trademark has been
(ART. 188) fraudulently used.
3. Uses or substitutes the service mark of some other person, or a colorable imitation of such mark, in the
sale or advertising of his services.
4. Prints, lithographs, or reproduces the tradename, trademark, or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.

UNFAIR COMPETITION, ‣ ACTS [3] — The offender either —

FALSE DESCRIPTION, 1. UNFAIR COMPETITION — Sells his goods, giving them the general appearance of the goods of another
AND FRAUDULENT manufacturer or dealer.
REGISTRATION 2. FALSE DESCRIPTION — Affixes to his goods or using in connection with his services a false
(ART. 189) designation of origin, or any false description or representation, and sells such goods or services.
3. FRAUDULENT REGISTRATION — Procures fraudulently from the patent office the registration of trade
name, trademark or service mark.
 TITLE 5 — CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

CRIME ELEMENTS

IMPORTATION OF 1. ACT — The offender imports or brings into the Philippines

DANGEROUS DRUGS, 2. WHAT — Either any of the following —
PRECURSORS AND a. Dangerous drug — regardless of the quantity and purity involved, including any and all species of
CHEMICALS opium poppy or any part thereof or substances derived therefrom (even for floral, decorative and
(SEC. 4, RA 9165) culinary purposes)
b. Controlled precursor and essential chemical
3. WHEN — Not unauthorized by law

QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. HOW — The act is committed 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.
2. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities

SALE, TRADING, 1. ACT — The offender either —

ADMINISTRATION, ETC. a. Sells, trades, administers, dispenses, delivers, gives away to another, distributes, dispatches in transit, or
OF DANGEROUS transports
DRUGS, PRECURSORS b. Acts as a broker in such transactions
AND CHEMICALS 2. WHAT — Such transactions involves either any of the following —
(SEC. 5, RA 9165) a. Dangerous drug — including any and all species of opium poppy regardless of the quantity and purity
involved
b. Controlled precursor and essential chemical

QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHERE — 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. HOW — If minors or mentally incapacitated individuals are used as as runners, couriers and messengers,
or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and
essential chemicals trade
3. EFFECT — If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug or a controlled precursor and essential chemical involved in any offense herein provided
be the proximate cause of death of a victim thereof
4. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities

MAINTENANCE OF A 1. ACT — The offender maintains a den, dive or resort where the following is used or sold in any form —
DANGEROUS DRUG a. Dangerous drug
DEN, DIVE OR RESORT b. Controlled precursor and essential chemical
(SEC. 6, RA 9165)
QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHEN — Where any dangerous drug is administered, delivered or sold to a minor who is allowed to use
the same in such a place.
2. EFFECT — Should any dangerous drug be the proximate cause of the death of a person using the same in
such den, dive or resort
3. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities
 CRIME ELEMENTS

BEING EMPLOYEES OR 1. Any employee of a den, dive or resort, who is aware of the nature of the place as such
VISITORS OF A 2. Any person who, not being included in the provisions of the next preceding paragraph, is aware of the
DANGEROUS DRUG nature of the place as such and shall knowingly visit the same.
DEN, DIVE OR RESORT
(SEC. 7, RA 9165)

MANUFACTURE OF 1. ACT — The offender engages in the manufacture of either any of the following —
DANGEROUS DRUGS, a. Dangerous drug
PRECURSORS AND b. Controlled precursor and essential chemical
2. WHEN — Not authorized by law
CHEMICALS
(SEC. 8, RA 9165)

QUALIFYING — The penalty is imposed in the maximum period in either of the following cases —
1. WHEN [4]—
a. Any phase of the manufacturing process was conducted in the presence or with the help of minors
b. Any clandestine laboratory was secured or protected with booby traps
c. Any clandestine laboratory was concealed with legitimate business operations
d. The offender employs any practitioner, chemical engineer, public official or foreigner
2. WHERE — Any phase or manufacturing process was established or under taken within one hundred (100)
meters of a residential, business, church or school premises

3. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such illegal
activities

ILLEGAL CHEMICAL 1. ACT — The offender llegally diverts any controlled precursor and essential chemical
DIVERSION 2. WHEN — Not authorized by law
(SEC. 9, RA 9165)

MANUFACTURE OR 1. ACT — The offender either —

DELIVERY OF a. Delivers
EQUIPMENT, b. Possesses with intent to deliver,
c. Manufactures with intent to deliver
INSTRUMENT,
2. WHAT — Any equipment, instrument, apparatus and other paraphernalia for dangerous drugs
APPARATUS AND OTHER 3. WHY — The offender knows, or under circumstances where one reasonably should know, that it will be
DRUG PARAPHERNALIA used for either any of the following purposes —
(SEC. 10, RA 9165)

a. 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
b. Used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug

QUALIFYING (HOW) — A minor or a mentally incapacitated individual is used to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.

POSSESSION OF 1. ACT — The offender possesses any dangerous drug

DANGEROUS DRUGS 2. WHEN — Not authorized by law
(SEC. 11, RA 9165) 3. WHAT — Such dangerous drug are any of the following, penalized according to quantities regardless of
the degree of purity thereof —
a. Opium
b. Morphine
c. Heroin
d. Cocaine or cocaine hydrochloride
e. Methamphetamine hydrochloride or “shabu"
f. Marijuana resin or marijuana resin oil
g. Marijuana
h. Any other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or
“ecstasy,"paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and
 CRIME ELEMENTS

their derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board

POSSESSION OF 1. ACT — Offender possesses or have under his control any equipment, instrument, apparatus and other
EQUIPMENT AND paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing
OTHER DRUG any dangerous drug into the body
PARAPHERNALIA 2. WHEN — Not authorized by law
(SEC. 12, RA
9165)
POSSESSION OF 1. ACT [2] — Offender possesses or have under his control any of the following —
DANGEROUS DRUGS a. Dangerous drug
OR PARAPHERNALIA
b. Equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, orintroducing any dangerous drug into the body
DURING PARTIES,
2. WHEN — during a party, or at a social gathering or meeting, or in the proximate company of at least two
SOCIAL GATHERINGS
(2) persons
OR MEETINGS
(SEC. 13, 14, RA 9165)

USE OF DANGEROUS 1. ACT — A person apprehended or arrested, who is found to be positive for use of any dangerous drug,
DRUGS after a confirmatory test
(SEC. 15, RA 9165) 2. WHEN — The person tested is NOT found to have in his possession such quantity of any dangerous drug
(In such case, “possession of dangerous drugs” is the proper offense)

CULTIVATION OR 1. ACT — The offender plants, cultivates, or cultures

CULTURE OF 2. WHAT — Marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be
PLANTS CLASSIFIED classified as a dangerous drug or as a source from which any dangerous drug, may be manufactured or
AS DANGEROUS derived
DRUGS OR ARE QUALIFYING —
SOURCES THEREOF
1. WHERE — If the land on which any of said plants is cultivated or cultured is part of the public domain
(SEC. 16, RA 9165) 2. WHO — If the offender is the one who organizes, manages or acts as a "financier" of any of such
illegal activities

FAILURE TO MAINTAIN 1. WHO — Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer
RECORD OF 2. ACT — Such offender violates or fails to comply with the maintenance and keeping of the original records of
TRANSACTIONS transactions on any dangerous drug or controlled precursor and essential chemical
(SEC. 17, RA 9165)

UNNECESSARY 1. WHO — Any practitioner (licensed physician, dentist, chemist, medical technologist, nurse, midwife,
PRESCRIPTION OF veterinarian or pharmacist in the Philippines)
DANGEROUS DRUGS 2. ACT — Such offender prescribes any dangerous drug to any person whose physical or physiological
(SEC. 18, RA 9165) condition does not require the use or in the dosage prescribed therein, as determined by the Board

UNLAWFUL 1. WHO — Any person

PRESCRIPTION OF 2. WHEN — Not authorized by law
DANGEROUS DRUGS 3. ACT — Making or issuing a prescription or any other writing purporting to be a prescription for any
dangerous drug.
(SEC. 19, RA 9165)

ACTING AS A ‣ ACT — The offender acts as a “protector or coddler” of offenders punished for any of the following —
“PROTECTOR OR 1. Importation of Dangerous Drugs, Precursors and Chemicals (Sec. 4, RA 9165)
CODDLER” OF DRUG 2. Sale, Trading, Administration, etc. of Dangerous Drugs, Precursors and Chemicals (Sec. 5, RA 9165)
OFFENDERS 3. Maintenance of a Dangerous drug Den, Dive or Resort (Sec. 6, RA 9165)
4. Manufacture of Dangerous Drugs, Precursors and Chemicals (Sec. 8, RA 9165)
5. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof (Sec. 16, RA
9165)
“Protector or 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
 TITLE 6 — CRIMES AGAINST PUBLIC MORALS

CRIME ELEMENTS

ILLEGAL GAMBLING 1. Any person who, in any manner, shall directly or indirectly take part in any of the following illegal or
(PD 1602) unauthorized activities or games —
a. Cockfighting, Jueteng, Jai-alai or horse racing to include bookie operations and game fixing,
numbers, bingo and other forms of lotteries
b. Cara y cruz, pompiang and the like
c. 7-11 and any game using dice
d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other
card games;
e. pak que, high and low, mahjong, domino and other games using plastic tiles and the like
f. Slot machines, roulette, pinball and other mechanical contraptions and devices
g. Dog racing, boat racing, car racing and other forms of races
h. Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to
include game fixing, point shaving and other machinations
i. 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
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to
be carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him.
3. Any person who shall knowingly permit any form of gambling to be carried on in a place which has a
reputation of a gambling place or that prohibited gambling is frequently carried on therein, or in a public or
government building or barangay hall
4. The maintainer or conductor of the above gambling schemes.
5. Any person who knowingly and without lawful purpose in any hour of any day, possesses any lottery list,
paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in
the games of jueteng, jai-alai or horse racing bookies and
6. Any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection therewith
7. Any security officer, security guard watchman, private or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation of a gambling place or where gambling activities are
being held

GRAVE SCANDAL 1. ACT — Offender performs an act or acts with are highly scandalous as offending against decency or good
(ART. 200) customs.
2. WHEN — That the highly scandalous conduct is not expressly falling within any other article of this Code.
3. WHERE — That the act or acts complained of be committed in a public place or within the public
knowledge or view.

IMMORAL DOCTRINES, ‣ ACT [3] —

OBSCENE 1. Persons who publicly expound or proclaim doctrines openly contrary to public morals
PUBLICATIONS AND 2. Authors, editors and owners/operators of obscene literature, published with their knowledge in any form,
EXHIBITIONS such as those literature which —
(ART. 201 AS AMENDED a. Glorify criminals or condone crimes;
BY PD 960 AND 96) b. Serve no other purpose but to satisfy the market for violence, lust or pornography
c. Offend any race or religion
d. Tend to abet traffic in and use of prohibited drugs
e. Are contrary to law, public order, morals, and good customs, established policies, lawful orders,
decrees and edicts
3. Persons who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals
 CRIME ELEMENTS

PROSTITUTION 1. WHO — Offender is NOT a minor (18 years of age and above) who must be a woman
(ART. 202) 2. ACT — Habitually indulging in either --
a. Sexual intercourse
b. Lascivious conduct
3. WHY — For money or profit

ANTI-TRAFFICKING IN 1. Acts of Trafficking in persons

PERSONS ACT OF ‣ ACT [8] — It shall be unlawful for any person, natural or juridical, to commit any of the following acts —
2003 a. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
(RA 9208) 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
h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad
‣ QUALIFYING [16] — The following circumstances qualify the offense to “Qualified Trafficking” —
1. WHO-PASSIVE — When the trafficked person is a child
2. WHEN — The crime is committed under any of the following circumstances —
a. 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, Debt bondage
b. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies
3. WHO — When the crime is committed by either —
a. A syndicate — if carried out by a group of three (3) or more persons conspiring or
confederating with one another.
b. Large scale — if committed against three (3) or more persons, individually or as a group
b. Ascendant
c. Parent
d. Sibling
e. Guardian
f. Person who exercises authority over the trafficked person
g. Public officer or employee
h. Member of the military or law enforcement agencies
4. EFFECT — When by reason or on occasion of the act of trafficking in persons either of the
following occurs —
a. Offended party dies
b. Becomes insane
c. Suffers mutilation
d. Afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
CRIME ELEMENTS

2. Promoting trafficking in persons

‣ ACT [7] — 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 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
pre-departure 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
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
3. Use of trafficked persons
‣ ACT — Any person who buys or engages the services of trafficked persons for prostitution
 TITLE 7 — CRIMES COMMITTED BY PUBLIC OFFICERS

CRIME ELEMENTS

WHO ARE PUBLIC 1. ACT [2] — When the person either —

OFFICERS a. Takes part in the performance of public functions in the Government
(ART. 203) b. Performs in said Government or in any of its branches public duties as an employee, agent or
subordinate official, of any rank or class
2. WHEN [3] — His authority to take part in the performance of public functions or to perform public duties
must be by either —
a. Direct provision of the law
b. Popular election
c. Appointment by competent authority

KNOWINGLY 1. WHO — A judge

RENDERING UNJUST 2. ACT — That he renders a judgment in a case submitted to him for decision which is unjust
JUDGMENT 3. WHY — That the judge knows that his judgment is unjust
(ART. 204)

RENDERING JUDGMENT 1. WHO — A judge

THROUGH NEGLIGENCE 2. ACT — That he renders a judgment in a case submitted to him for decision which is manifestly unjust.
(ART. 205) 3. WHY — That it is due to his inexcusable negligence or ignorance.

RENDERING UNJUST 1. WHO — A judge;

INTERLOCUTORY 2. ACT — The he performs any of the following acts —
ORDER a. Knowingly rendering an interlocutory order which is unjust
b. Rendering an interlocutory order which is manifestly unjust through inexcusable negligence or
(ART. 206) ignorance.

MALICIOUS DELAY IN 1. WHO — A judge

THE ADMINISTRATION 2. WHEN — There is a proceeding in his court
OF JUSTICE
3. ACT — That he delays the administration of justice
4. WHY — Such delay is malicious or caused with deliberate intent to inflict damage on either party
(ART. 207)

DERELICTION OF DUTY 1. WHO — Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
IN PROSECUTION OF prosecute, offenses
OFFENSES 2. ACT [2]— The the offender, in dereliction of the duties of his office, either —
(ART. 208) a. Refrains from instituting prosecution against violators of the law
b. Tolerates the commission of offenses
3. WHY — That the offender acts with malice and deliberate intent to favor the violator of the law.

BETRAYAL OF PUBLIC 1. WHO — A lawyer

TRUST BY AN 2. ACT [3] — Such offender either —
a. Causes damage to his client, either by —
ATTORNEY OR
i. Any malicious breach of professional duty
SOLICITOR — ii. Inexcusable negligence or ignorance
REVELATION OF b. Reveals any of the secrets of his client learned by him in his professional capacity (even without
SECRETS damage)
(ART. 209) c. Undertakes the defense of the opposing party in the same case, without the consent of his first client,
after having undertaken the defense of said first client or after having received confidential information
from said client.
 CRIME ELEMENTS

DIRECT BRIBERY (ART. 1. WHO — Offender is a public officer

210) 2. ACT — That the offender accepts an offer or a promise or receives a gift or present by himself or through
another.
3. WHY — That such offer or promise be accepted, or gift or present received by the public officer for the
purpose of —
a. Performing an act which constitutes a crime
b. Performing an act which does NOT constitute a crime but is unjust
c. Refraining from doing something which it is his official duty to do
4. That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.

QUALIFYING — The crime committed is qualified bribery if the following elements are present —
1. WHO — That the offender is a public officer entrusted with law enforcement
2. ACT — That the offender refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death
3. WHY — In consideration of any promise, gift or present

INDIRECT BRIBERY 1. WHO — Public officer

(ART. 211) 2. ACT — That he accepts gifts
3. WHEN — That the said gifts are offered to him by reason of his office

CORRUPTION OF 1. WHO — Any person

PUBLIC OFFICIALS 2. ACT — That the offender either —
(ART. 212) a. Makes offers or promises
b. Gives gifts or presents to a public officer.
3. WHEN — That such was made or given to a public officer, under circumstances that will make the public
officer liable for direct bribery or indirect bribery.
 CRIME ELEMENTS

ANTI-GRAFT AND In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute
CORRUPT PRACTICES corrupt practices of any public officer and are hereby declared to be unlawful —
ACT (a)Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and
(SEC. 3, R.A. NO. 3019 regulations duly promulgated by competent authority or an offense in connection with the official duties
AS AMENDED BY RA of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or
3047, PD 77 AND BP offense.
195)
(b)Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to
be given, without prejudice to Section thirteen of this Act.
(d)Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e)Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating against any other interested party.
(g)Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h)Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion
in such approval, even if he votes against the same or does not participate in the action of the board,
committee, panel or group. Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for
or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of
one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.

FRAUDS AGAINST THE 1. WHO — That the offender be a public officer who takes advantage of his office, that is, he intervened in the
PUBLIC TREASURY transaction in his official capacity.
(ART. 213) 2. ACT [3] — Offender enters into an agreement with any interested party or speculator or made use of any
other scheme with regard to either —
a. Furnishing supplies
b. Making of contracts
c. Adjustment or settlement of accounts relating to public property or funds
3. WHY — That the accused had intent to defraud the Government
 CRIME ELEMENTS

ILLEGAL EXACTIONS 1. WHO — The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
(ART. 213) imposts.
2. ACT [3] — The offender either —
a. Demands, directly or indirectly, the payment of sums different from or larger than those authorized by law
b. Fails voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially
c. Collects or receives, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law

OTHER FRAUDS 1. WHO — That the offender is a public officer who takes advantage of his official position.
(ART. 214) 2. ACT — That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 —
a. Art. 315 — Estafa
b. Art. 316 — Other forms of swindling
c. Art. 317 — Swindling a minor
d. Art. 318 — Other deceits

PROHIBITED 1. WHO — That the offender is an appointive public officer

TRANSACTIONS 2. ACT — That, during his incumbency, he becomes interested, directly or indirectly, in any transaction of
(ART. 215) exchange or speculation (such as — regularly buying and selling stocks, commodities, land, etc., hoping
to take advantage of an expected rise or fall in price)
3. WHEN — That the transaction takes place within the territory subject to his jurisdiction.

POSSESSION OF 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his
PROHIBITED INTEREST official duty to intervene.
BY A PUBLIC OFFICER 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction
(ART. 216) connected with the estate or property in the appraisal, distribution or adjudication of which they had acted.
3. Guardians and executors with respect to the property belonging to their wards or the estate.

MALVERSATION 1. WHO [3] — Offender is either a —

(ART. 217, 222) a. Public officer who had the custody or control of funds or property by reason of the duties of his office for
which he was accountable.
b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. ACT [2] — The offender either —
a. Appropriates, takes or misappropriates such public funds or property
b. Consents, or through abandonment or negligence, permits any other person to take such public funds
or property.

FAILURE OF 1. WHO [3] — Offender is either a —

ACCOUNTABLE a. Public officer, whether in the service or separated therefrom, who is accountable for public funds or
OFFICER TO RENDER property.
ACCOUNTS b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
(ART. 218, 222)
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. WHEN — That he is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor.
3. ACT — That he fails to do so for a period of two months after such accounts should be rendered.
 CRIME ELEMENTS

FAILURE OF A PUBLIC 1. WHO [3] — Offender is either a —

OFFICER TO RENDER a. Public officer who is accountable for public funds or property.
ACCOUNTS BEFORE b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
LEAVING THE COUNTRY
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
(ART. 219, 222)
2. ACT — That he must have unlawfully left (or be on the point of leaving) the Philippines without securing
from the Commission on Audit a certificate showing that his accounts have been finally settled.

ILLEGAL USE OF PUBLIC 1. WHO [3] — Offender is either a —

FUNDS OR PROPERTY; a. Public officer who has public fund or property under his administration which has been appropriated by
TECHNICAL law or ordinance.
MALVERSATION b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
(ART. 220, 222)
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. ACT — That he applies the same to a public use other than that for which such fund or property has
been appropriated by law or ordinance.

FAILURE TO MAKE 1. WHO [3] — Offender is either a —

DELIVERY OF PUBLIC a. WHO — Offender is a public officer who has government funds in his possession
FUNDS OR PROPERTY b. Private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property
(ART. 221, 222)
c. Any administrator or depository of funds or property attached, seized or deposited by public authority
2. WHEN — He is under obligation to make payment from such funds.
3. ACT — That he fails to make the payment maliciously.

CONNIVING WITH OR 1. WHO — That the offender is a public officer.

CONSENTING TO 2. WHEN — He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
judgment.
EVASION
(ART. 223)
3. WHEN — That such prisoner escaped from his custody.
4. ACT — That he was in connivance with the prisoner in the latter's escape.

EVASION THROUGH 1. WHO — That the offender is a public officer.

NEGLIGENCE 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
(ART. 224) final judgment.
3. ACT — That such prisoner escapes through his negligence (there must be positive carelessness that is
short of deliberate non-performance of his duties)

ESCAPE OF PRISONER 1. WHO — That the offender is a private person.

UNDER THE CUSTODY 2. WHEN — The conveyance or custody of a prisoner or person under arrest is confided to him.
OF A PERSON NOT A 3. WHEN — The prisoner or person under arrest escapes.
4. ACT [2] — That the offender either —
PUBLIC OFFICER
a. Consents to the escape of the prisoner or person under arrest
(ART. 225) b. Allows the escape takes place through his negligence.

REMOVAL, 1. WHO — That the offender be a public officer who is entrusted with documents or papers by reason of his
CONCEALMENT OR office.
DESTRUCTION OF 2. ACT [3] — That he either does any of the following to such documents or papers —
DOCUMENTS a. Abstracts (removes)
b. Destroys
(ART. 226)
c. Conceals
3. EFFECT [2] — That damage, whether serious or not, should have been caused to either —
a. A third party
b. The public interest
 CRIME ELEMENTS

OFFICER BREAKING 1. WHO — That the offender is a public officer charged with the custody of papers or property.
SEAL 2. WHEN — Such papers or property are sealed by proper authority.
(ART. 227) 3. ACT [2] — That he either —
a. Breaks the seals
b. Permits them to be broken.

OPENING OF CLOSED 1. WHO — That the offender is a public officer who is entrusted with the custody of any closed papers,
DOCUMENTS documents, or objects
(ART. 228) 2. ACT [2] — That he either —
a. Opens
b. Permits to be opened said closed papers, documents or objects.
3. WHEN — He does not have proper authority.

REVELATION OF 1. By revealing any secrets known to the offending public officer by reason of his official capacity.
SECRETS BY AN a. WHO — That the offender is a public officer who knows of a secret by reason of his official capacity.
OFFICER b. ACT — That he reveals such secret without authority or justifiable reasons.
c. EFFECT — That damage, great or small, be caused to the public interest.
(ART. 229)
2. By delivering wrongfully papers or copies of papers of which he may have charge and which should not
be published.
a. WHO — That the offender is a public officer who has charge of papers which should not be published.
b. ACT — That he wrongfully delivers those papers or copies thereof to a third person.
c. EFFECT — That damage be caused to public interest

PUBLIC OFFICER 1. WHO — That the offender is a public officer who knows of the secrets of a private individual by reason of his
REVEALING SECRETS OF office.
PRIVATE INDIVIDUAL 2. ACT — That he reveals such secrets without authority or justifiable reason.
(ART. 230)

OPEN DISOBEDIENCE 1. WHO [2] — That the offender is either a —

(ART. 231) a. Judicial officer
b. Executive officer
2. WHEN — That there is a judgment, decision or order of a superior authority which is made within the
scope of the jurisdiction of the superior authority and issued with all the legal formalities.
3. ACT — That the offender without any legal justification openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey.

DISOBEDIENCE TO 1. WHO — That the offender is a public officer.

ORDER OF SUPERIOR 2. WHEN — An order is issued by his superior for execution
3. WHEN — He has for any reason suspended the execution of such order.
OFFICERS
4. WHEN — That his superior disapproves the suspension of the execution of the order.
(ART. 232) 5. ACT — That the offender disobeys his superior despite the disapproval of the suspension.

REFUSAL OF 1. WHO — That the offender is a public officer.

ASSISTANCE 2. WHEN — A competent authority demands from the offender that he lend his cooperation towards the
(ART. 233) administration of justice or other public service.
3. ACT — That the offender fails to lend his cooperation maliciously.
4. EFFECT [2] — That damage is caused either to —
a. Public interest
b. Third party
 CRIME ELEMENTS

REFUSAL TO 1. WHO — That the offender is elected by popular election to a public office.
DISCHARGE ELECTIVE 2. ACT [2] — That he refuses —
OFFICE a. To be sworn in or
(ART. 234) b. To discharge the duties of said office
3. WHEN — That there is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.

MALTREATMENT OF 1. WHO — That the offender is a public officer or employee who has under his charge a prisoner by final
PRISONERS judgment or detention prisoner.
(ART. 235) 2. ACT — That he maltreats such prisoner in either of the following manners —
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his
charge either by —
i. Imposing punishments not authorized by the regulations
ii. Inflicting such punishments (those authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.

ANTICIPATION OF 1. WHO — That the offender is entitled to hold a public office or employment, either by election or
DUTIES OF A PUBLIC appointment.
OFFICE 2. WHEN — The law requires that he should first be sworn in and/or should first give a bond.
(ART. 236) 3. WHEN — He assumes the performance of the duties and powers of such office.
4. ACT — That he has not taken his oath of office and/or given the bond required by law.

PROLONGING 1. WHO — That the offender is public officer who is holding a public office.
PERFORMANCE OF 2. WHEN — The period provided by law, regulations or special provisions for holding such office, has
already expired.
DUTIES AND POWERS
(ART. 237) 3. ACT — That he continues to exercise the duties and powers of such office despite such expiration

ABANDONMENT OF 1. WHO — That the offender is a public officer.

OFFICE OR POSITION 2. WHEN — He formally resigns from his position.
(ART. 238) 3. WHEN — His resignation has not yet been accepted.
4. ACT — That he abandons his office
5. EFFECT -- Such abandonment is to the detriment of the public service.

QUALIYFING (WHY) — If the purpose of such abandonment is to evade the duty of preventing, prosecuting, or
punishing any other crime.

USURPATION OF 1. WHO [2] — That the offender is either a —

LEGISLATIVE POWERS a. Judicial officer
(ART. 239) b. Executive officer
2. ACT [3] — That he either —
a. Makes general rules or regulations beyond the scope of his authority
b. Attempts to repeal a law
c. Suspends the execution thereof.

USURPATION OF 1. WHO — A judge

EXECUTIVE FUNCTION 2. ACT [2] — That he either —
(ART. 240) a. Assumes a power pertaining to the executive authorities
b. Obstructs the executive authorities in the lawful exercise of their powers.

USURPATION OF 1. WHO — That the offender is an officer of the executive branch of the Government.
JUDICIAL FUNCTIONS 2. ACT [2] — That he either —
a. Assumes judicial powers
(ART. 241)
b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction
 CRIME ELEMENTS

DISOBEYING REQUEST 1. WHO — That the offender is a public officer.

FOR DISQUALIFICATION 2. WHEN — That a proceeding is pending before such public officer.
(ART. 242) 3. WHEN — That there is a question brought before the proper authority regarding his jurisdiction, which is
not yet decided.
4. WHEN — That he has been lawfully required to refrain from continuing the proceeding.
5. ACT — That he continues the proceeding.

ORDERS OR REQUESTS 1. WHO — Offender is an executive officer

BY EXECUTIVE 2. ACT — He addresses any order or suggestion to any judicial authority.
OFFICERS TO ANY 3. WHEN — Such order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.
JUDICIAL AUTHORITY
(ART. 243)

UNLAWFUL 1. WHO — That the offender is a public officer.

APPOINTMENTS 2. ACT — He nominates or appoints a person to a public office who lacks the legal qualifications therefor.
(ART. 244) 3. WHY — That the offender knows that his nominee or appointee lacks the qualifications at the time he
made the nomination or appointment.

ABUSES AGAINST 1. WHO — That the offender is a public officer.

CHASTITY 2. ACT — That he solicits or makes immoral or indecent advances to a woman.
(ART. 245) 3. WHO-PASSIVE [3] — That such woman must either be —
a. Interested in matters pending before the offender for decision, or with respect to which he is required
to submit a report to or consult with a superior officer
b. Under the custody of the offender who is a warden or other public officer directly charged with the
care and custody of prisoners or persons under arrest
c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of
the offender
 TITLE 8 — CRIMES AGAINST PERSONS

CRIME ELEMENTS

PARRICIDE 1. ACT — Offender kills a person

(ART. 246) 2. WHO-PASSIVE [5] — Victim is either the following relatives of the offender —
a. Spouse
b. Father
c. Mother
d. Child
e. Other legitimate ascendant or other descendant

MURDER 1. ACT — Offender kills a person

(ART. 248) 2. WHEN [7] — The following circumstances are attendant —
a. Treachery, if this not present, any of the following —
i. Taking advantage of superior strength
ii. With the aid of armed men
iii. Employing means to weaken the defense
iv. Employing means of persons to insure or afford impunity
b. In consideration of price, reward, or promise
c. By means of inundation, fire, poison, explosion, stranding of a vessel, or intentional damage thereto,
derailment of a locomotive, or by the use of any artifice involving great waste and ruin
d. On the occasion of any of the calamities enumerated in the preceding paragraph, or on
the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
e. Evident premeditation
f. Cruelty
g. Outraging or scoffing at his person of corpse
3. WHEN — Crime does not fall in parricide or infanticide
4. WHY — Intent to kill (presumed from the killing)

HOMICIDE 1. ACT — Offender kills a person

(ART. 249) 2. WHEN — Does not fall under murder (no qualifying circumstance of murder), parricide, or infanticide
3. WHY — Intent to kill (presumed from the killing)

INFANTICIDE 1. ACT — Offender kills a person

(ART. 255) 2. WHO-PASSIVE — Victim is an infant of less than 3 days old

MITIGATING — Depends on WHO and WHY —

1. Mother of the child for the purpose of concealing her dishonour
2. Maternal grandparents for the purpose of concealing their dishonour

DEATH CAUSED IN A 1. WHEN — There are several persons, not composed of a group organized for the common purpose of
TUMULTUOUS AFFRAY assaulting and attacking each other reciprocally, who quarrelled and assaulted each other in a confused
(ART. 251) and tumultuous manner (tumultuous affray)
2. WHEN — Someone was killed in the course of the affray
3. WHEN — It cannot be ascertained who actually killed the accused
4. WHO — Offenders must have participated in the tumultuous affray
5. ACT [2] — Two ways to be liable —
a. Person who inflicted serious physical injuries on victim can be identified — Inflicting serious physical
injuries on the victim
b. Not known who inflicted the serious physical injuries on the victim — All those who used violence
upon the person of the victim
 CRIME ELEMENTS

PHYSICAL INJURIES 1. WHEN — There are several persons, not composed of a group organized for the common purpose of
INFLICTED IN A assaulting and attacking each other reciprocally, who quarrelled and assaulted each other in a confused
TUMULTUOUS AFFRAY and tumultuous manner (tumultuous affray)
(ART. 252) 2. WHEN — A participant or some participants thereof suffer serious physical injuries or physical injuries of a
less serious nature only.
3. WHEN — That the person responsible for such physical injuries cannot be identified.
4. ACT — All the offenders employing violence upon the person of the offended party are liable

GIVING ASSISTANCE TO ‣ ACT [2] — The offender either —

SUICIDE a. Assists another to commit suicide, whether the suicide is consummated or not.
(ART. 253) b. Lends assistance to another to commit suicide to the extent of doing the killing himself.

DISCHARGE OF 1. ACT — That the offender discharges a firearm against or at another person.
FIREARMS 2. WHEN — That the offender has NO intent to kill that person.
(ART. 254)

INTENTIONAL 1. WHEN — There is a pregnant woman

ABORTION 2. ACT — Causing an abortion leading to the death of the fetus either in the womb or after having been
(ART. 256) expelled therefrom
3. WHY — Abortion was intended
4. HOW [3] — Offender either —
a. Uses any violence upon the person of the pregnant woman
b. Without using violence, he shall act without the consent of the woman
c. Woman has consented
5. WHO — Any person who is not the mother of the fetus

UNINTENTIONAL 1. WHEN — There is a pregnant woman

ABORTION 2. ACT — Causing an abortion leading to the death of the fetus either in the womb or after having been
expelled therefrom
(ART. 257)
3. WHY — Abortion is NOT intended
4. HOW — Caused through violence employed intentionally

ABORTION PRACTICED 1. WHEN — There is a pregnant woman

BY THE WOMAN 2. ACT — An abortion is intentionally performed
HERSELF OR BY HER 3. WHY — Abortion was intended
4. WHO [2] — The abortion is caused by either —
PARENTS (ART. 258)
a. Mother herself or another person with her consent
b. Any of her parents, with her consent for the purpose of concealing her dishonour

ABORTION PRACTICED 1. WHEN — There is a pregnant woman

BY A PHYSICIAN OR 2. WHO — Offender is either a —
MIDWIFE a. Physician
b. Midwife
(ART. 259)
3. ACT [2] — Either —
a. Causing an abortion
b. Assisting in causing an abortion

DISPENSING OF 1. WHO — Offender is a pharmacist

ABORTIVES 2. WHEN — There is no proper prescription from a physician
(ART. 259) 3. ACT — Dispensing any abortive
 CRIME ELEMENTS

DUEL 1. WHEN — There is a duel or a previous agreement to engage in a combat

(ART. 260) 2. WHEN — There must be two or more seconds of lawful age for each combatant, who make the selection of
arms and fix all the other conditions of the fight.
3. ACT [4] — Offender either —
a. Kills his adversary in a duel.
b. Inflicts upon his adversary physical injuries.
c. Makes a combat although no physical injuries have been inflicted.
d. Acts as the second (liable as accomplice)

CHALLENGING TO A ACT [3] —

DUEL 1. Challenging another to a duel.
(ART. 261) 2. Inciting another to give or accept a challenge to a duel.
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

MUTILATION ACT [2] — Offender either mutilates —

(ART. 262) 1. Essential Organ For Reproduction — By intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction
2. Any Other Intentional Mutilation — 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

SERIOUS PHYSICAL 1. ACT [3] — Any person who commits any of the following to another —
INJURIES a. Wound
(ART. 263) b. Beat
c. Assault
2. EFFECT [4] —
a. When the injured person either becomes —
i. Insane (mental)
ii. Imbecile (mental)
iii. Impotent (physical)
iv. Blind (physical)
b. When the injured person either —
i. 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

ii. Loses the use of any such member

iii. Becomes incapacitated for the work in which he was theretofore habitually engaged permanently
c. When the person injured either
i. Becomes deformed
ii. Loses any other member of his body
iii. Loses the use of such members
iv. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for
more than 90 days (91 days or more)

d. When the person injured becomes ill or incapacitated for labor for more than 30 days but not more
than 90 days (31-90 days)

QUALIFYING — If the offense is committed against any of the persons enumerated in Art. 246 (Parricide) or
with attendance of any of the circumstances mentioned in Art. 248 (Murder)

ADMINISTERING 1. ACT — That the offender inflicted upon another any serious physical injury
INJURIOUS 2. HOW — That it was done by knowingly administering to him any injurious substances or beverages or by
SUBSTANCES taking advantage of his weakness of mind or credulity
(ART. 264) 3. WHY — Offender had no intent to kill
 CRIME ELEMENTS

LESS SERIOUS 1. ACT — Inflicting upon another physical injuries not described in Art 263 (Serious Physical Injuries) or Art.
PHYSICAL INJURIES 264 (Administering injurious substances)
(ART. 265) 2. EFFECT [2] — That the offender party is either:—
a. Incapacitated for labor for ten days or more but not more than 30 days (10-30 days)
b. Needs medical attendance for the same period of time

QUALIFYING [3] —
1. WHY — When there is a manifest intent to insult or offend the injured person
2. WHEN —There are circumstances adding ignominy to the offense
3. WHO-PASSIVE — Victim is either —
a. The offender’s parents, ascendants, guardians, curators, or teachers
b. Persons of rank or persons in authority, provided the crime is NOT direct assault

SLIGHT PHYSICAL 1. ACT — Inflicting physical injuries

INJURIES 2. EFFECT [2] —
(ART. 266[1,2]) a. Victim is incapacitated for labor or required medical attendance from 1 to 9 days
b. Victim sustained physical injuries which did not prevent him from engaging in his habitual work nor
require medical attendance

MALTREATMENT ACT —Ill-treating another without causing any physical injury

(ART. 266[3])

RAPE RAPE THROUGH SEXUAL INTERCOURSE

(ART. 266-A) 1. WHO — Offender is a man
2. ACT — Offender had carnal knowledge (sexual intercourse involving insertion of penis into vagina)
3. WHO-PASSIVE — Woman
4. WHEN [4] —Act is accomplished under any of the following circumstances —
a. HOW —By using force, threat, or intimidation
b. WHEN —The offended party is deprived of reason or otherwise unconscious
c. HOW —By means of fraudulent machination or grave abuse of authority
d. WHO-PASSIVE — When the offended party is under 12 years of age or demented

RAPE THROUGH SEXUAL ASSAULT

1. WHO —Any person (regardless of sex)
2. WHO-PASSIVE —Any person (regardless of sex)
3. ACT [2] — Offender commits an act of sexual assault —
a. By inserting penis into another person’s mouth or anal orifice (Man to Man/Woman only)
b. By inserting any instrument or object into the genital or anal orifice of another persons (Man/Woman to
Man/Woman)
4. WHEN [4] — Act is accomplished under any of the following circumstances —
a. HOW —By using force, threat, or intimidation
b. WHEN — The offended party is deprived of reason or otherwise unconscious
c. HOW — By means of fraudulent machination or grave abuse of authority
d. WHO-PASSIVE — When the offended party is under 12 years of age or demented

QUALIFYING — BOTH kinds of rapes are qualified to Qualified Rape in the following cases —
1. HOW [2] — The rape is committed by either any of the following --
a. The use of a deadly weapon
b. By two or more persons
2. WHO [2] — The offender is either —
a. Any member of the AFP, PNP, law enforcement agency or penal institution when he took advantage of
his position
b. The parent, guardian, stepparent, ascendant, relative by consanguinity or affinity within the third
civil degree or the common law spouse of the parent of the victim AND such victim is under 18
 CRIME ELEMENTS

years or age
3. EFFECT [4] — By reason of the rape, the victim either --
a. Suffered permanent physical mutilation or disability
b. Becomes insane because of or during the rape
c. Is pregnant and the offender knew of such fact
d. Suffering from mental disability, emotional disorder or physical handicap and the offender knows
such fact
4. WHO-PASSIVE [3] — The offended party is either —
a. Under the custody of the police or military authorities or any law enforcement of penal institution
b. A child below 7 years old
c. 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 rape
5. WHEN [2] — The rape was committed —
a. In full view of victims band, parent, any of the children or other relatives within the third civil degree
of consanguinity (not affinity)
b. By an offender knows he has HIV/AIDS or other STD and the virus is transmitted to the victim

SPECIAL COMPLEX CRIME --

1. Attempted Rape with Homicide — Rape is merely attempted but homicide is committed because or during
such
2. Rape with Homicide — Homicide is committed by reason or on occasion of the rape

VIOLENCE AGAINST 1. WHO — Any person (man or woman)

WOMEN AND THEIR 2. WHO-PASSIVE — the victim is either the —
CHILDREN a. Offender’s Wife
b. Offender's former wife,
(SEC. 3, 5, RA 9262)
c. Woman with whom the offender has or had a sexual or dating relationship
d. Woman with whom the offender has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode

3. ACT — The offender commits any of the following acts 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 —
a. Causing physical harm to the woman or her child
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. Such as —
i. Threatening to deprive or actually depriving the woman or her child of custody to her/his family
ii. 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

iii. Depriving or threatening to deprive the woman or her child of a legal right
iv. Preventing the woman in engaging in any legitimate profession, occupation, business or activity
or controlling the victim's own money 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
CRIME ELEMENTS

causes substantial emotional or psychological distress to the woman or her child. Such as —
i. Stalking or following the woman or her child in public or private places
ii. Peering in the window or lingering outside the residence of the woman or her child
iii. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will
iv. Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child
v. 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

QUALIFYING (WHEN) — The acts are committed —

1. While the woman or child is pregnant
2. Against the woman in the presence of her child
 TITLE 9 — CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

CRIME ELEMENTS

KIDNAPPING AND 1. WHO — Offender is a private individual/ public officer acting in private capacity
SERIOUS ILLEGAL 2. ACT [3] — Offender does any of the following to another:
DETENTION a. Illegally Kidnaps
b. Illegally Detains
(ART. 267)
c. In any other manner illegally deprives him of his liberty
3. WHEN [4] — That in the commission of the offense, any of the following circumstances are present:
a. ACT: That the kidnapping or detention lasts for more than 3 days
b. HOW: That it is committed simulating public authority
c. HOW: That any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made
d. WHO-PASSIVE: That the person kidnapped or detained is a minor, female, or a public officer
4. WHY — Specific intent to kidnap/ deprive the victim of his liberty

QUALIFYING [2] —
1. WHY —When the kidnapping or detention was committed for the purpose of extorting ransom from the
victim
2. WHEN — Victim is killed or dies as a consequence of the detention; or is raped or is subjected to torture
or dehumanizing acts (Special Complex Crime)

MITIGATING (WHO) — If the offender is the parent of the minor victim

SLIGHT ILLEGAL 1. WHO — Offender is a private individual/ public officer acting in private capacity
DETENTION 2. ACT [4] — Offender does any of the following to another —
(ART. 268) a. Illegally Kidnaps
b. Illegally Detains
c. In any other manner illegally deprives him of his liberty
d. Anyone who shall furnish the place for the perpetration of the crime
3. WHEN — That the crime is committed without the attendance of any of the following circumstances
enumerated in Art. 267 —
a. ACT: That the kidnapping or detention lasts for more than 3 days
b. HOW: That it is committed simulating public authority
c. HOW: That any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made
d. WHO-PASSIVE: That the person kidnapped or detained is a minor, female, or a public officer

MITIGATING (WHEN) —If the offender shall voluntarily release the person kidnapped or detained within 3 days
from the commencement of the detention provided —
1. He has not attained the purpose intended
2. It is before the institution of criminal proceedings against him

UNLAWFUL ARREST 1. WHO — Offender is a private individual/ public officer acting in private capacity
(ART. 269) 2. ACT — Offender arrests or detains another person
3. WHY — Purpose of the offender is to delver him to the proper authorities
4. WHEN — The arrest or detention is not authorised by law or there is no reasonable ground therefor

FAILURE TO RETURN A 1. WHO — Offender who is entrusted with the custody of a minor
MINOR 2. ACT — Offender deliberately fails to restore the said minor to his parents or guardians
(ART. 270)
MITIGATING (WHO) — If the offender shall be the either parent of the minor
 CRIME ELEMENTS

INDUCING A MINOR TO 1. WHEN — That a minor is living in the home of either his —
ABANDON HIS HOME a. Parents
(ART. 271) b. Guardians
c. Person entrusted with his care
2. ACT — Offender induces said minor to abandon such home

MITIGATING (WHO) — If the offender shall be the father or the mother of the minor

SLAVERY 1. ACT [4] — Offender either —

(ART. 272) a. Purchases
b. Sells
c. Kidnaps
d. Detains
2. WHY — Purpose of the offender is to enslave such human being

QUALIFYING (WHY) — Crime be committed for the purpose of assigning the victim to some immoral traffic

EXPLOITATION OF 1. ACT — Offender retains a minor in his service

CHILD LABOR 2. WHEN — It is against the will of the minor
(ART. 273) 3. WHY — It is under the pretext of reimbursing himself of a debt incurred buy an ascendant. guardian, or
person entrusted with the custody of such minor (Suggests that there is consent of parents or guardians)

SERVICES RENDERED IN 1. ACT —Offender compels a debtor to work for him, either as household servant or farm laborer
PAYMENT OF DEBT 2. WHEN — It is against the will of the debtor
3. WHY — Purpose is to require or enforce the payment of a debt
(ART. 274)

ABANDONMENT OF 1. By failing to render assistance to any person whom the offender finds in an uninhabited place
PERSONS IN DANGER wounded or in danger of dying
AND ABANDONMENT a. WHEN —Offender finds a person wounded or in danger of dying in an uninhabited place
OF ONE’S OWN b. WHO — Person who can render assistance without detriment to himself
VICTIM (ART. 275) c. ACT — Failing to render assistance to the injured person
2. By failing to help or render assistance to another whom the offender has accidentally wounded or
injured
a. WHEN — Offender has accidentally wounded or injured a person
b. ACT — Failure to help or render assistance to such injured person
3. By failing to deliver a child, under 7 years whom the offender has found abandoned
a. WHEN — Offender finds an abandoned child, under 7 years, in an unsafe place
b. ACT — Failure to deliver the child to either —
i. Authorities
ii. Child’s family
iii. A safe place

ABANDONING A 1. WHEN — Offender has custody of the child under 7 years of age
MINOR 2. ACT — Offender abandons such child
(ART. 276) 3. WHY — Offender had no intent to kill

QUALIFYING [2] —
1. When the child dies
2. When the life of the child is in danger
 CRIME ELEMENTS

ABANDONMENT OF 1. WHEN — Offender has charged of the rearing or education of a minor

MINOR BY PERSON 2. ACT — Delivering such minor to either —
ENTRUSTED WITH HIS a. A public institution
b. Other persons
CUSTODY
3. WHEN — The person who entrusted such child to the offender has not consented to such act, or if such
(ART. 277) person is absent, the proper authorities had not consented to it

INDIFFERENCE OF 1. WHO — Offender is a parent

PARENTS 2. WHEN — Offender’s station in life requires education and his financial condition permits it
(ART. 277) 3. ACT — Neglecting his children by not giving them education

EXPLOITATION OF 1. ACTS [5] —

MINORS a. By causing children under 16 years of age to perform any dangerous feat of —
(ART. 278) i. Balancing
ii. Physical strength
iii. Contortion
b. 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 in these kinds, children under 16 years of
age who are NOT his children or descendants
c. Any person engaged in any of the callings enumerated in the preceding paragraph who shall employ
any descendant of his under 12 years of age in such dangerous exhibitions
d. Any ascendant, guardian, teacher, or persons entrusted in any capacity with the care of a child under 16
years of age who shall deliver such child gratuitously to either —
i. Any person following any of the callings enumerated in par. 2
ii. Habitual vagrant
iii. Beggar
e. Any person who shall induce any child under 16 years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow either —
i. Any person following any of the callings enumerated in par. 2
ii. Habitual vagrant
iii. Beggar
2. EFFECT —The exploitation of the minor must be of such nature as to endanger his life or safety

QUALIFYING — Applicable to Par. 4 only, if the delivery shall have been made in consideration of any price,
compensation, or promise

TRESPASS TO 1. WHO — Offender is a private individual/ public officer acting in private capacity
DWELLING 2. ACT — Entering the dwelling of another against the will of the owner or occupant
(ART. 280) 3. WHY — Such offender did NOT enter another’s dwelling for the purpose of either —
a. To prevent some serious harm to himself, the occupants, or a third person
b. Rendering some service to humanity or justice
c. Anyone who enters cafes, taverns, inns, and other public houses, while they are open

QUALIFYING — If the offense be committed by means of violence or intimidation

OTHER FORMS OF 1. WHO — Any person

TRESPASS 2. ACT — Offender enters the uninhabited closed premises or the uninhabited fenced estate of another
3. WHEN — There is a prohibition to enter which is manifest
(ART. 281)
4. WHEN — Trespasser has not secured the permission of the owner or caretaker thereof
 CRIME ELEMENTS

GRAVE THREATS 1. ACT — Offender threatens another with the infliction upon the person, honor, or property of the latter or of his
(ART. 282) family of any wrong amounting to a crime
2. WHEN [3] — three possible circumstances, as the offender in making the threat either:
a. Demands money, or imposes any other condition even though not unlawful and the offender
ATTAINED his purpose
b. Demands money, or imposes any other condition even though not unlawful and the offender DID NOT
ATTAIN his purpose (mitigated penalty in this case)
c. Did not impose any condition

QUALIFYING (HOW) [2] — If the threat be made either —

1. In writing
2. Through a middleman

LIGHT THREATS ACT — Offender makes a threat to commit a wrong which does NOT constitute a crime and made it with a
(ART. 283) demand of money or imposed any other condition even though not unlawful

OTHER LIGHT THREATS ACT [3] —

(ART. 285) 1. Without being included in the provisions of the next preceding article (Art. 283), threatening another with a
weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defence
2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in
the idea involved in his threat
3. By orally threatening to do another any harm NOT constituting a felony

GRAVE COERCIONS 1. ACT [2] — The offender either —

(ART. 286) a. Prevents another from doing something not prohibited by law
b. Compels another to do something against his will, be it right or wrong
2. HOW [3] — That the prevention or compulsion be effected by either —
a. Violence
b. Threats
c. Intimidation
3. WHO — Person who has no authority of law or any lawful right

QUALIFYING [3] — If the coercion be committed either —

1. In violation of the exercise of the right of suffrage
2. For the purpose of compelling another to perform any religious act
3. For to prevent him form exercising such right or from so doing such religious act

LIGHT COERCIONS 1. WHO — Offender who is a creditor of the victim

(ART. 287) 2. ACT — He seizes anything belonging to his debtor
3. HOW [2] — That the seizure of the thing be accomplished by means of either —
a. Violence
b. Display of material force producing Intimidation
4. WHY — Purpose of the offender is to apply the same to the payment of the debt

ANY OTHER COERCION 1. ACT — Taking possession of the thing belonging to the debtor
(ART. 287) 2. HOW — Through deceit and misrepresentation
3. WHY — Purpose is to apply it to the payment of the debt

UNJUST VEXATION ACT — Unjust Vexation includes —

(ART. 287) 1. Light coercion committed without force or violence (Reyes)
2. Any human conduct which although not productive of some physical or material harm would, unjustly
annoy or vex an innocent person. (Reyes)
3. Causing annoyance, irritation, vexation, torment, distress, or disturbance to the mind of the person to
whom it is directed. (People vs Gozum)
 CRIME ELEMENTS

OTHER SIMILAR 1. Compulsory Purchase of Merchandise

COERCIONS a. WHO — Offender is any person, agent, or officer of any association or corporation
(ART. 288) b. ACT — Offender forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his labourers or employees to purchase merchandise or commodities of any kind
from him of from said firm or corporation
2. Payment of Wages by Means of Tokens
a. ACT — That the offender pays the wages due a labourer or employee employed by him by means of
tokens or objects
b. WHAT — That such tokens or objects are other than the legal tender currency of the Philippines
c. WHEN — The offended party has not expressly requested that he be paid by means of tokens or
objects

DISCOVERING SECRETS 1. WHO — Offender is a private individual or public officer acting in private capacity who is NOT either the —
THROUGH SEIZURE OF a. Parent
CORRESPONDENCE b. Guardian
c. Person entrusted with the custody of minors with respect to the papers or letters of the children or
(ART. 290)
minors placed under their care of custody

d. Spouse with respect to the papers or letters of the other

2. ACT — He seizes the papers of letters of another and is informed of the contents of the papers or letters
seized
3. WHY — Purpose is to discover the secrets of such another person

QUALIFYING — If the offender reveals the contents thereof

REVEALING SECRETS 1. WHO — Offender is either any of the following who learns the secrets of his principal or master in such
WITH ABUSE OF OFFICE capacity —
(ART. 291) a. Manager
b. Employee
c. Servant
2. ACT — Offender reveals such secrets

REVEALING OF 1. WHO — Offender is a person in charge, employee, or workman of a manufacturing or industrial

INDUSTRIAL SECRETS establishment
(ART. 292) 2. WHEN — That the manufacturing or industrial establishment has a secret of the industry which the
offender has learned
3. ACT — Offender reveals such secrets
4. EFFECT — That prejudice is caused to the owner
 TITLE 10 — CRIMES AGAINST PROPERTY

CRIME
CRIME ELEMENTS

WHO ARE GUILTY OF 1. ACT — Unlawful taking of personal property belonging to another
ROBBERY 2. WHY — Intent to gain
(ART. 293) 3. HOW [2] — By means of either —
a. Violence against or Intimidation of any person
b. Force upon anything

ROBBERY WITH 1. ACT — Unlawful taking of personal property belonging to another

VIOLENCE AGAINST OR 2. WHY — Intent to gain
INTIMIDATION OF 3. HOW — By means of either violence against or intimidation of any person
4. WHEN — If the violence employed by the offender does not cause any of the serious physical injuries
PERSONS
defined in Art. 263, or if the offender employs intimidation only (Simple Robbery)
(ART. 294, 295, 302)

QUALIFYING [8] —
1. WHEN — 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
2. WHAT [2] — When the property taken is either —
a. Mail matter
b. Large cattle
3. WHERE — Robbery is committed in an uninhabited place
4. HOW [4] — Robbery is committed by either —
a. By a band
b. By attacking a moving train, street car motor vehicle or airship
c. By entering the passengers compartments in a train or in any manner taking the passengers
thereof by surpass in the respective conveyances

d. By intimidation with the use of firearms AND it is committed on a street, road or alley

SPECIAL COMPLEX CRIME [5] —

1. Robbery with Homicide — When by reason or on occasion of the robbery, the crime of homicide is
committed
2. Robbery with Rape — When the robbery is accompanied by rape
3. Robbery with Mutilation — When the robbery is accompanied by intentional mutilation
4. Robbery with Arson — When the robbery is accompanied by arson
5. Robbery with Serious Physical Injuries — When by reason or on occasion of such robbery, any serious
physical injury is inflicted

ATTEMPTED AND 1. ACT — Attempted or frustrated unlawful taking of personal property beloning to another
FRUSTRATED ROBBERY 2. WHY — Intent to gain
UNDER CERTAIN 3. HOW — By means of either violence against or intimidation of any person
CIRCUMSTANCES (ART. 4. WHEN — Homicide is committed
297, 302) 5. WHEN — The homicide committed shall NOT deserve a higher penalty under the provisions of this Code

QUALIFYING (WHAT) [2] — When the property taken is either —

1. Mail matter
2. Large cattle

EXECUTION OF DEEDS 1. WHY — Offender has intent to defraud another

BY MEANS OF 2. ACT — Offender compels him to sign, execute, or deliver any public instrument or document
VIOLENCE OR 3. HOW — Compulsion is by means of violence or intimidation
INTIMIDATION
(ART. 298)
 CRIME ELEMENTS

ROBBERY IN AN 1. Robbery with Force upon Things under Art. 299(A)

INHABITED HOUSE OR a. WHEN [3] — Offender entered either a —
PUBLIC BUILDING OR i. Inhabited house
ii. Public Building
EDIFICE DEVOTED TO
iii. Edifice devoted to Religious Worship
WORSHIP b. HOW [4] — Entrance was effected by any of the following means —
(ART. 299, 300, 302, i. Through an opening not intended for entrance or egress
303) ii. By breaking any wall, roof, or floor, or breaking any door or window
iii. By using false keys, picklocks, or similar tools
iv. By using fictitious name or pretending the exercise of public authority
c. ACT — That once inside the building, the offender took personal property belonging to another
d. WHY — Intent to Gain
2. Robbery with Force upon Things under Art. 299(B)
a. WHERE — That the offender is already inside the following regardless of the circumstances under
which he entered it —

i. An inhabited house
ii. Public building
iii. Edifice devoted to religious
b. ACT —That the offender takes personal property belonging to another, under any of the following
circumstances —

i. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle
ii. By taking such furniture or objects away to be broken or forced open outside the place of the
robbery
c. WHY — Intent to Gain

QUALIFYING [3] —
1. WHEN — If the robbery is committed in an uninhabited place AND by a band
2. When the property taken is either —
a. Mail matter
b. Large cattle

MITIGATING [6] —
1. WHERE [3] — Robbery is committed in either of the following places —
a. One of the dependencies of an inhabited house
b. Public building
c. Building dedicated to religious worship
2. WHAT [3] — When the robbery consist in the taking of either any of the following —
a. Cereals
b. Fruits
c. Firewood
 CRIME ELEMENTS

ROBBERY IN AN 1. WHEN [2] — That the offender entered either a —

UNINHABITED PLACE a. Uninhabited house/building
OR IN A PRIVATE
b. Building other than those mentioned in the first paragraph of Art. 299 (means building is NOT an
inhabited/dwelling house, public building nor an edifice devoted to religious worship
BUILDING
2. HOW [5] — Any of the following circumstances is present—
(ART. 302, 303 )
a. The entrance was effected through an opening not intended for entrance or egress
b. A wall, roof, floor, or outside door or window be 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
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere (1-3 is the
same, except for the word “outside” as in Art. 299 Subdivision A, pertaining to the mode of entry,

while 4 and 5 is almost the same as subdivision B)

3. ACT — That the offender took personal property belonging to another
4. WHY — Intent to gain

QUALIFYING — When the property taken is either —

1. Mail matter
2. Large cattle

MITIGATING — WHAT [3] — When the robbery consist in the taking of either any of the following —
1. Cereals
2. Fruits
3. Firewood

POSSESSION OF 1. ACT [2] — Offender either —

PICKLOCKS OR SIMILAR a. Possesses
TOOLS b. Makes
2. WHAT — Picklocks or similar tools specially adopted to the commission of the crime of robbery
(ART. 304)
3. WHEN — There is no lawful cause

QUALIFYING (WHO) — When the offender is a locksmith

BRIGANDAGE 1. WHO — At least four armed persons

(ART. 306) 2. ACT — Such persons form a band of robbers
3. WHY [3] — The purpose is any of the following —
a. To commit robbery in the highway (including city streets)
b. To kidnap persons for the purpose of extortion or to obtain ransom
c. To attain by means of force and violence any other purpose.
4. WHEN — If the act or acts committed by them are NOT punishable by higher penalties (If the act
committed is punishable by higher penalty, then brigandage does not apply)

QUALIFYING (WHEN) — If any of the arms carried by any of said persons be an unlicensed firearm.

AIDING AND ABETTING 1. WHEN — There is a band of brigands and such fact is known to the offender
A BAND OF BRIGANDS 2. ACT [3] —That the offender does any of the following acts —
a. In any manner aids, abets or protects such band of brigands
(ART. 307)
b. Gives them information of the movements of the police or other peace officers of the Government; or
c. Acquires or receives the property taken by such brigands
 CRIME ELEMENTS

THEFT 1. Theft Proper

(ART. 308, 310) a. ACT — Offender takes personal property of another
b. WHEN — The offended party does NOT give consent
c. WHY — Intent to gain
d. HOW — Means involve NO violence against or intimidation of persons nor force upon things
2. Those who have found lost property and fails to deliver it to the local authorities or its owner
a. WHEN — Person finds lost personal property
b. ACT — Such person fails to deliver the lost property to the local authorities or its owner
3. Those who maliciously damages the property of another or shall remove or make use of the fruits or
objects of the damage caused
a. WHEN — A person has maliciously damaged the property of another
b. ACT — Such person removes or makes use of the fruits or object of the damage caused by him
4. Those who 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 in it or shall gather fruits, cereals or
other forest or farm products
a. WHEN — Person enters an inclosed estate or a field where trespass is forbidden or which belongs to
another
b. ACT — Such person hunts or fish upon such grounds or gathers fruits, creels or other forest or farm
products
c. WHEN — The offended party/owner does NOT give consent

QUALIFYING [8] — Art. 310 provides qualifying circumstances for the crime of theft if it is committed —
1. WHO — By a domestic servant
2. HOW — With grave abuse of confidence
3. WHEN — If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
4. WHAT [5] — Property stolen are either any of the following —
a. Motor vehicle
b. Mail matter
c. Large cattle
d. Coconuts taken from the premises of a plantation
e. Fish taken from a fishpond or fishery

THEFT OF THE 1. ACT — Offender takes property of the National Library or of the National Museum
PROPERTY OF THE 2. WHY — Intent to gain
NATIONAL LIBRARY 3. HOW — Means involve no violence against or intimidation of persons nor force upon things
AND NATIONAL
MUSEUM
(ART. 311)

ANTI-CARNAPPING ACT 1. ACT — taking of a motor vehicle belonging to another

OF 1992 2. WHY — With intent to gain
RA 10883) 3. HOW [3] — either —
a. Without owner’s consent
b. By violence against or intimidation of persons, or
c. By using force upon things.
‣ QUALIFYING — the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of
the carnapped motor vehicle is either (1) killed or (2) raped in the commission of the carnapping.
NOTE — 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
 CRIME ELEMENTS

ANTI-FENCING LAW 1. The offender has intent to gain for himself or for another
(PD 1612) 2. The offender 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
3. The offender knows or should be known to him that such property is derived from the proceeds of the crime
of (a) robbery or (b) theft
‣ NOTE — 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.

OCCUPATION OF REAL 1. ACT [2] — That the offender either —

PROPERTY OR a. Takes possession of any real property
USURPATION OF REAL b. Usurps any real rights in property.
2. WHAT — That such real property or real rights belong to another.
RIGHTS IN PROPERTY
3. HOW — That violence against or intimidation of persons is employed
(ART. 312) 4. WHY — There is intent to gain

ALTERING BOUNDARIES 1. WHEN — That there are boundary marks or monuments of towns, provinces, or estates, or any other
OR LANDMARKS marks intended to designate the boundaries of the same.
(ART. 313) 2. ACT — That the offender alters said boundary marks

FRAUDULENT 1. WHO — That the offender is a debtor, that is, he has obligations due and payable.
INSOLVENCY 2. ACT — That he absconds with his property (real or personal).
(ART. 314) 3. EFFECT — That there be actual prejudice to his creditors

SWINDLING OR ESTAFA 1. ACT — That the accused defrauded another

IN GENERAL (ART. 2. HOW [2] — By means of either —
315) a. Abuse of Confidence
b. Deceit
3. EFFECT — That damage of prejudice capable of pecuniary estimation is caused to the offended party or
third person

ESTAFA WITH 1. By altering the substance, of anything with value that the offender should deliver based on an
UNFAITHFULNESS OR obligation
ABUSE OF CONFIDENCE a. WHEN — That the offender has an onerous obligation to deliver something of value
(ART. 315, 1[A-C]) b. ACT [3] — That he alters either its —
i. Substance
ii. Quantity
iii. Quality
c. EFFECT — Damage or prejudice is caused to another
2. By misappropriation, conversion or denial of receipt of a thing received in trust
a. WHEN [4] — That money, goods, or other personal property be received by the offender either —
i. In trust
ii. On commission
iii. For administration
iv. Under any other obligation involving the duty to make delivery or to return the same
b. ACT [3] — Offender either does any of the following in relation to such money or property —
i. Misappropriates
ii. Converts
iii. Denies the receipt
c. EFFECT — That such misappropriation, conversion or denied is to the prejudice of another
d. WHEN — That there is a demand made by the offended party to the offender (Unless when there is
already evidence of misappropriation of the goods by the offender)
3. By taking undue advantage of the signature of the offended party in blank documents
a. WHEN — That the paper with the signature of the offended path be in blank
b. WHEN — That the offended party should have delivered it to the offender
c. ACT — Offender writes above the signature of the offended party without authority to do so
 CRIME ELEMENTS

d. EFFECT — That the document written creates a liability of, or causes damage to, the offended party
or any third person

ESTAFA BY MEANS OF COMMON REQUISITES (For all forms of Estafa by means of False Pretenses or Fraudulent Acts) —
FALSE PRETENSES OR 1. ACT — Offender employs an act of —
FRAUDULENT ACTS a. False pretense
(ART. 315, 2[A-E]) b. Fraudulent act
c. Fraudulent means
2. WHEN — Such acts must be made or exeputedprior to or simuletaneously with the commission of the
fraud

3. WHEN — 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 of
means
4. EFFECT — That as a result, the offended party suffered damage
SPECIFIC ACTS (of Estafa by means of False Pretenses or Fraudulent Acts) —
1. Using fictitious name, falsely pretending to possess power, influence, or by similar means
‣ ACT [3] — The offender either —
a. Uses a fictitious name
b. Falsely pretends to possess any of the following—
i. Power
ii. Influence
iii. Qualifications
iv. Property
v. Credit
vi. Agency
vii. Business
viii. Imaginary transactions
c. Employs other means of other similar deceits
2. Altering the quality, fineness or weight of anything pertaining to one’s art or business
‣ ACT — By altering the following pertaining to his art or business —

a. Quality
b. Fineness
c. Weight
3. Pretending to have bribed a government employee
‣ ACT — 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.
4. Postdating a check or issuing a check knowing that he had no funds in the ban or the funds were
insufficient
a. ACT — Offender either —
i. Postdated a check
ii. Issued a check in payment of an obligation
b. WHEN — 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

5. Obtaining food or accommodation at a hotel

‣ ACT [3] — The offender either —

a. Obtains food, refreshment or accommodation at any of the following without paying therefor, with
intent to defraud the proprietor or manager thereof
i. Hotel or inn
ii. Restaurant
iii. Boarding house, lodging house, or partment house without paying therefor, with intent to
defraud the proprietor or manager thereof

b. Obtains credit at any said establishments by the use of any false pretense
c. Abandons or surreptitiously removes any part of his baggage form any of said establishments after
obtaining credit, food, refreshment or accommodation therein, without paying therefor.
 CRIME ELEMENTS

ESTAFA THROUGH COMMON REQUISITES (For all forms of Estafa by Fraudulent Means) —
FRAUDULENT MEANS 1. ACT — Offender employs an act of —
(ART. 315, 3[A-C]) a. False pretense
b. Fraudulent act
c. Fraudulent means
2. WHEN — Such acts must be made or executed prior to or simultaneously with the commission of the fraud
3. WHEN — 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 of
means
4. EFFECT — That as a result, the offended party suffered damage

SPECIFIC ACTS (of Estafa by Fraudulent Means) —

1. By inducing another, by means of deceit to sign any document
a. ACT — That the offender induced the offended party to sign a document
b. HOW — That deceit be employe to make him sign the document
c. WHEN — That the offended party personally signed the document
d. EFFECT — That prejudice be caused
2. By resorting to some fraudulent practice to insure success in a gambling game
‣ ACT — By resorting to some fraudulent practice to insure success in a gambling game
3. By removing, concealing or destroying documents
a. WHEN — That there be a record, office files, documents or any other papers
b. ACT [3]— Offender either commits any of the following to such papers —
i. Removes
ii. Conceals
iii. Destroys
c. WHY — Offender has intent to defraud another

BP 22 1. Drawing and issuing a check with insufficient or no funds

a. ACT — Offender makes or draws and issues a check
b. WHEN — Such check is made or drawn and issued to apply on account or for value
c. WHEN — That the person who ames 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
d. WHEN — That the check is subsequently dishonoured buy the drawee bank for insufficiency of funds
or credit or would have been dishonoured for the same reason had not the drawer, without any valid
reason, order the bank to stop payment
2. Drawing and issuing a check with sufficient funds but failing to keep sufficient funds
a. WHEN — That the offender has sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check
b. ACT — 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
c. WHEN — That the check is subsequently dishonoured by the drawee bank
 CRIME ELEMENTS

OTHER FORMS OF 1. Conveying, selling, encumbering, or mortgaging any real property, pretending to be its owner
SWINDLING a. WHAT — That the thing be immovable (real property)
(ART. 316) b. WHEN — That the offender who is not the owner of said property should represent that he is the
owner thereof
c. ACT — That the offender should have executed an act of ownership (selling, leasing, encumbering, or
mortgaging real property)
d. EFFECT — That the act be made to the prejudice of a third person
2. Disposing of real property as free from encumbrance
a. WHAT — That the thing be immovable (real property)
b. WHEN — That the offender knew that the real property was encumbered (encumbrance must be
recorded for it to take effect)
c. WHEN — That there be express representation by the offender that the real property is free from
encumbrance
d. ACT — Offender disposes of such real property
e. EFFECT — That the act be made to the prejudice of a third person
3. Wrongfully taking by the owner his personal property from its lawful possessor
a. WHO — That the offender is the owner of personal property
b. WHEN — That said personal property is in the lawful possession of another
c. ACT — That the offender wrongfully take it from its lawful possessor
d. EFFECT — That prejudice is caused to the possessor or third person
4. Executing any fictitious contract to the prejudice of another
a. ACT — Executing any fictitious contract
b. EFFECT — Such act caused prejudice of another
5. Accepting any compensation for services not rendered or for labor not performed
a. ACT — Accepting any compensation for services not rendered or for labor not performed by the
accused
b. HOW — Such was fraudulently done
6. Selling, mortgaging, or encumbering real property or properties with which the offender guaranteed
the fulfilment of his obligation as surety
a. WHO — Offender is a surety in a bond given in a criminal or civil action
b. WHEN — That he guaranteed the fulfilment of such obligation with his real property
c. ACT — That he sells, mortgages, or in any other manner encumbers said real property
d. WHEN — That such sale, mortgage or encumbrance is —
i. Without express authority from the court
ii. Made before the cancellation of his bond
iii. Before being relieved from the obligation contracted by him
e. EFFECT — That prejudice is caused to the possessor or third person

SWINDLING A MINOR 1. ACT [3] — That the offender takes advantage of the inexperience or emotions or feelings of a minor by
(ART. 317) inducing such minor to either —
a. Assume an obligation
b. Give any release of any property right.
c. Execute a transfer of any property right.
2. WHEN — That the consideration of such transaction is either —
a. Some loan of money
b. Credit
c. Other personal property.
3. EFFECT — That the transaction is to the detriment of such minor.

OTHER DECEITS ACT [2] —

(ART. 318) 1. By defrauding or damaging another by any other deceit NOT mentioned in the preceding articles.
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
 CRIME ELEMENTS

REMOVAL, SALE OR 1. Knowingly removing mortgaged personal property

PLEDGE OF a. WHO — Any person
MORTGAGED OR b. WHEN — That personal property is mortgaged under the Chattel Mortgage Law and the offender
knows such fact
PLEDGED PERSONAL
c. ACT — That the offender permanently removes such mortgaged personal property to any province or
PROPERTY
city other than the one in which it was located at the time of the execution of the mortgage.
(ART. 319)
d. WHEN — There is no written consent of the mortgagee or his executors, administrators or assigns to
such removal.
e. WHY — There is intent to defraud
2. Selling or pledging personal property already pledged
a. WHEN — That personal property is already pledged under the terms of the Chattel Mortgage Law.
b. WHO — The offender is the mortgagor/pledgor of such property
c. ACT — That the offender sells or pledges the same property or any part thereof.
d. WHEN — That there is no consent of the mortgagee which must be written on the back of the
mortgage and noted on the record thereof in the office of the register of deeds.

DESTRUCTIVE ARSON ACT [8] — When the offender burns any of the following —
(ART. 320 AS AMENDED 1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of
BY RA 7659) simultaneous burnings, committed on several or different occasions.
2. Any building of public or private ownership which is either —
a. Devoted to the public in general or where people usually gather or congregate for a definite purpose
(such as — official governmental function or business, private transaction, commerce, trade,
workshop, meetings and conferences)
b. 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—
a. The offender had knowledge that there are persons in said building or edifice at the time it is set on
fire
b. 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.
6. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or
general museum of the Government.
7. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
8. 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.

QUALIFYING (EFFECT) — If as a consequence of the commission of any of the enumerated acts, death results
 CRIME ELEMENTS

LAW ON ARSON ACT [3] —

(PD 1613) 1. Any person who burns or sets fire to the property of another
2. Any person setting fire to his own property under circumstances which expose to danger the life or
property of another.
3. Conspiracy to commit arson

QUALIFYING [5] —
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 (if its is planned or carried out by a group of three (3) or more persons)
5. If by reason of or on the occasion of the arson death results

MALICIOUS MISCHIEF 1. ACT — That the offender deliberately caused damage to the property of another.
IN GENERAL 2. WHEN — Such act does NOT constitute arson or other crimes involving destruction.
(ART. 327) 3. WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
(presupposes that the offender acted due to hate, revenge or other evil motive)

SPECIAL CASES OF 1. ACT [4] —

MALICIOUS MISCHIEF a. Causing damage to obstruct the performance of public functions.
(ART. 328) b. Using any poisonous or corrosive substance
c. Spreading any infection or contagion among cattle.
d. 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.
2. WHEN — Such act does NOT constitute arson or other crimes involving destruction.
3. WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
(presupposes that the offender acted due to hate, revenge or other evil motive)

OTHER MISCHIEFS 1. ACT — That the offender deliberately caused damage to the property of another
(ART. 329) 2. WHEN — Such act does NOT constitute arson or other crimes involving destruction and is not included in
Art. 328
3. WHY — That the act of damaging another's property be committed merely for the sake of damaging it.
(presupposes that the offender acted due to hate, revenge or other evil motive)

DAMAGE AND ‣ ACT [3] — Damaging any —

OBSTRUCTION TO 1. Railway
MEANS OF 2. Telegraph
3. Telephone lines
COMMUNICATION
(ART. 330)
QUALIFYING (EFFECT) — If the damage shall result in any derailment of cars, collision, or other accident
(without prejudice to the criminal liability of the offender for the other consequences of his criminal act)

DESTROYING OR ACT [2] — Destroying or damaging any —

DAMAGING STATUES, 1. Statues or any other useful or ornamental public monuments
PUBLIC MONUMENTS 2. Useful or ornamental painting of a public nature
OR PAINTINGS
(ART. 331)
 CRIME ELEMENTS

EXEMPTION FROM Crimes involved in the exemption —

CRIMINAL LIABILITY IN 1. Theft
CERTAIN CRIMES 2. Swindling (estafa)
AGAINST PROPERTY 3. Malicious mischief
(ART. 332)
Offenders (related to the victim) who are exempted from criminal liability —
1. Spouses (Including common-law spouses)
2. Ascendants and descendants
3. Relatives by affinity in the same line as the ascendants and descendants
4. The widowed spouse with respect to the property which belonged to the deceased spouse before the
same passed into the possession of another.
5. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

BUT — Strangers who participate in the commission of the crime are not exempt from criminal liability
 TITLE 11 — CRIMES AGAINST CHASTITY

CRIME ELEMENTS

ADULTERY 1. Adultery by married woman

(ART. 333) a. WHO — A married woman
b. ACT — Having sexual intercourse with a man not her husband
c. WHEN — The husband gave no pardon nor consented to such act
2. Adultery by the man
a. WHO — The man (whether married or not) with whom the married woman commits adultery with
b. ACT — Having sexual intercourse with a married woman knowing that she is married
c. WHEN — The husband gave no pardon nor consented to such act

MITIGATING (WHEN) — If the person guilty of adultery committed the offense while being abandoned without
justification by the offended spouse (benefits both offenders)

CONCUBINAGE 1. Concubinage by a married man

(ART. 334) a. WHO — Married man
b. ACT [3] — That he committed any of the following acts —
i. Keeping a mistress in the conjugal dwelling
ii. Having sexual intercourse under scandalous circumstances with a woman who is not his wife
iii. Cohabiting with a woman in any other place.
2. Concubinage by the woman
a. WHO — The woman (whether married or not) with whom the married man commits concubinage with
b. ACT — Committing the acts of concubinage with such man knowing that he is married

ACTS OF 1. WHO-PASSIVE — Any person (man or woman)

LASCIVIOUSNESS 2. ACT — Offender commits any act of lasciviousness or lewdness
(ART. 336) 3. WHEN [9] — It is done through any of the following circumstances —
a. HOW [5] — By employing either—
i. Force
ii. Threat
iii. Intimidation
iv. Fraudulent machination
v. Grave abuse of authority
b. WHO-PASSIVE [4] — The offended party was either —
i. Deprived of reason
ii. Unconscious
iii. 12 years of age
iv. Demented

SEDUCTION 1. WHO-PASSIVE — A woman over 12 and under 18 years of age who is of good reputation, single or
(ART. 337, 338) widowed
2. ACT — Offender has sexual intercourse with her
3. HOW — That it is committed by means of deceit

QUALIFYING — The crime is Qualified Seduction in the following cases (which may NOT involve deceit) —
1. Seduction of a Virgin
a. WHO-PASSIVE — A woman who is a virgin (or at least unmarried and of good reputation) and who is
over 12 but under 18 years of age
b. ACT — That the offender has sexual intercourse or carnal knowledge with her
c. HOW — Such was committed with abuse of authority, confidence or relationship (such as by —
person in public authority, guardian, teacher, priest, house servant)
2. Seduction of a Sister or Descendant
a. WHO [2] — Offender is related to the offended party as either her —
 CRIME ELEMENTS
i. Brother
ii. Ascendant
b. WHO-PASSIVE — The sister or descendant of the offender (who is NOT required to be a virgin nor be
under 18 years of age)
c. ACT — That the offender has sexual intercourse or carnal knowledge with her

ACTS OF 1. ACT — Offender commits any act of lasciviousness or lewdness

LASCIVIOUSNESS WITH 2. WHO-PASSIVE [2] — That the acts are committed against a woman who is either a —
THE CONSENT OF THE
a. Virgin (or at least unmarried and of good reputation) who is over 12 but under 18 years of age
b. Sister or descendant regardless of her reputation or age
OFFENDED PARTY
3. HOW [2] — That the offender accomplishes the acts by either —
(ART. 339) a. Abuse of authority, confidence, or relationship
b. By means of deceit

CORRUPTION OF 1. ACT — Offender promotes or facilitates the prostitution or corruption

MINORS 2. WHO-PASSIVE — Minors
(ART. 340 AS AMENDED 3. WHY — To satisfy the lust of a third person
BY BP 92)

CHILD PROSTITUTION ACT [3] —The following are acts of Child Prostitution and Other Sexual Abuse —
AND OTHER SEXUAL 1. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to,
ABUSE the following —
(SEC. 5, RA 7610) a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means
c. Taking advantage of influence or relationship to procure a child as a prostitute
d. Threatening or using violence towards a child to engage him as a prostitute
e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage
such child in prostitution
2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse (BUT — when the victim is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, para graph 3, for rape and Article 336 of the RPC for rape
or lascivious conduct, as the case may be)
3. Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as
a cover or which engages in prostitution in addition to the activity for which the license has been issued to
said establishment.

WHITE SLAVE TRADE ACT [3] — The offender, in any manner, or under any pretext, either —
(ART. 341) 1. Engages in the business of prostitution
2. Profits by prostitution
3. Enlists the services of women for the purpose of prostitution

FORCIBLE ABDUCTION 1. WHO-PASSIVE — Any woman (regardless of her age, civil status, or reputation)
(ART. 342) 2. ACT — Abducting such woman against her will (BUT — if the female abducted is under 12 years of age, it is
not necessary that she be taken against her will)
3. HOW — With lewd designs

CONSENTED 1. WHO-PASSIVE — A woman who is a virgin (or at least unmarried and of good reputation) and who is over
ABDUCTION 12 but under 18 years of age
(ART. 343) 2. ACT — The offender takes her away with her consent, after solicitation or cajolery (flattery)
3. HOW — That the taking away of the offended party must be with lewd designs.
 CRIME ELEMENTS

PROSECUTION OF 1. Adultery and concubinage — must be prosecuted upon complaint signed by the offended spouse.
ADULTERY, 2. Seduction, abduction, or acts of lasciviousness — must be prosecuted upon complaint signed by either of the
CONCUBINAGE, following in the order of preference —
SEDUCTION, a. Offended party
ABDUCTION AND ACTS b. Her parents
OF LASCIVIOUSNESS c. Grandparents
(ART. 344)
d. Guardians
3. In case of complex crimes, where one of the component offenses is a public crime, the criminal
prosecution may be instituted by the fiscal.

PERSONS WHO 1. The following persons who cooperate as accomplices are nonetheless punished as principals —
COOPERATE AS a. Ascendants
ACCOMPLICES BUT ARE b. Guardians
PUNISHED AS c. Curators
PRINCIPALS d. Teachers
e. Any other person, who cooperates as accomplice with abuse of authority or confidential
(ART. 346)
relationship
2. This rule applies in the following crimes —
a. Acts of lasciviousness
b. Qualified seduction
c. Simple seduction
d. Acts of lasciviousness with the consent of the offended party Corruption of minors
e. White slave trade
f. Forcible abduction
g. Consented abduction
 TITLE 12 — CRIMES AGAINST THE CIVIL STATUS OF PERSONS

CRIME ELEMENTS

SIMULATION OF BIRTHS 1. WHO — Offender is a woman

(ART. 347) 2. ACT — Offender 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

SUBSTITUTION OF ONE ACT — Substituting or exchanging a child of a person with that of another
CHILD FOR ANOTHER
(ART. 347)

CONCEALMENT OR 1. WHO — Any person

ABANDONMENT OF A 2. ACT — The offender conceals or abandons a legitimate child
LEGITIMATE CHILD 3. WHY — The offender has the intent to cause such child to lose its civil status
(ART. 347)

USURPATION OF CIVIL 1. ACT — Usurping the civil status of another

STATUS 2. WHY — There is an intent to enjoy the rights arising from the civil status of another.
(ART. 348)
QUALIFYING (WHY) — For the purpose of defrauding the offended party or his heirs

BIGAMY 1. WHEN — The offender has been legally married.

(ART. 349) 2. WHEN — That the marriage has not been legally dissolved or, in case his or her spouse is absent, before the
absent spouse has been declared presumptively dead by means of a judgment rendered in the proper
proceedings
3. ACT — That he contracts a second or subsequent marriage.
4. WHEN — That the second or subsequent marriage has all the essential requisites for validity.

MARRIAGE ACT [2] — That the offender contracted a marriage knowing at such time that either —
CONTRACTED AGAINST 1. The requirements of the law were not complied with
PROVISIONS OF LAW 2. The marriage was in disregard of a legal impediment
(ART. 350)
QUALIFYING (HOW) — If either of the contracting parties shall obtain the consent of the other by means of
violence, intimidation, or fraud

PERFORMANCE OF 1. WHO — The offender are either —

ILLEGAL MARRIAGE a. Priests or ministers of any religious denomination or sect
CEREMONY b. Cvil authorities
2. ACT — Performing or authorizing any illegal marriage ceremony
(ART. 352)
 TITLE 13 — CRIMES AGAINST HONOR

CRIME
CRIME ELEMENTS

DEFAMATION IN 1. ACT [3] — There is an imputation of either a —

GENERAL a. Crime committed by the offended party
(ART. 353) b. Vice or defect, real or imaginary of the offended party
c. Any act, omission, status or circumstance relating to the the offended party
2. HOW — the imputation must be made publicly
3. WHY — That it must be malicious
4. WHO-PASSIVE — That the imputation must be directed to a natural or juridical person, or one who is dead.
5. EFFECT — That the imputation must tend to cause the dishonor, discredit or contempt of the person
defamed.

PRESUMPTION OF RULE — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and
MALICE; PROOF OF justifiable motive for making it is shown
TRUTH ‣ EXCEPT — in the following cases, actual malice must be proved —
(ART. 354, 361, 362) a. Privilege communications
i. Absolutely Privilege Communications (Art. 6, Sec. 11, 1987 Constitution)
ii. Qualifiedly Privileged Communications — A private communication made by any person to
another in the performance of any legal, moral, or social duty (Art. 354[1], RPC)

b. Fair and true commentaries on governmental conduct (Art. 354[2], RPC)

c. Fair commentaries on matters of Public Interest (Borjal vs CA 1999)
d. Commentaries on Public Officials and Public Figures (New York Times Co. vs Sullivan 1964)
e. Testimony in Judicial Proceedings which are relevant to the case (Armovit v. Judge Purisima 1982)

How to rebut the presumption of malice — All of the following must be shown —
1. The defamatory imputation is true, in case the law allows proof of the truth of the imputation;
2. It is published with good intention
3. There is justifiable motive for making it

Proof of truth is admissible in any of the following —

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.

LIBEL BY MEANS OF 1. ACT — Defamation is committed as defined under Art. 353

WRITINGS OR SIMILAR 2. HOW [10] — Through any of the following means —
MEANS a. Writing
(ART. 355) b. Printing
c. Lithography
d. Engraving
e. Radio
f. Phonograph
g. Painting
h. Theatrical exhibition
i. Cinematographic exhibition
j. Any similar means
 CRIME ELEMENTS

PERSONS LIABLE FOR 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or
LIBEL similar means.
(ART. 360) 2. The author or editor of a book or pamphlet
3. The editor or business manager of a daily newspaper magazine or serial publication.
4. The owner of the printing plant which publishes a libelous article with his consent and all other persons
who in any way participate in or have connection with its publication.

THREATENING TO ACT [2] —

PUBLISH AND OFFER 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members
TO PREVENT SUCH of his family.
LIBELLOUS 2. By offering to prevent the publication of such libel for compensation, or money consideration.
PUBLICATION
(ART. 356)

PROHIBITED 1. WHO — The offender is a reporter, editor or manager of a newspaper daily or magazine.
PUBLICATION OF ACTS 2. ACT — The publishes facts connected with the private life of another which are offensive to the honor,
REFERRED TO IN THE virtue and reputation of said person.
COURSE OF OFFICIAL
PROCEEDINGS
(ART. 357)

SLANDER 1. ACT — Defamation is committed as defined under Art. 353

(ART. 358) 2. HOW — Such defamation is committed orally or by the speaking of defamatory words

QUALIFYING — If it is of a serious and insulting nature (Grave Slander)

SLANDER BY DEED 1. ACT — Defamation is committed as defined under Art. 353

(ART. 359) 2. HOW — Through the performance of physical acts (Any act not included in any other crime against honor)
3. WHERE — That such act is performed in the presence of other person or persons.
4. EFFECT — That such act casts dishonor, discredit or contempt upon the offended party.

QUALIFYING — If it is of a serious nature (Grave Slander by Deed)

INCRIMINATING 1. ACT — That the offender performs an act which directly incriminates or imputes to an innocent person the
INNOCENT PERSON commission of a crime.
(ART. 363) 2. WHEN — Such act does not constitute perjury.

INTRIGUING AGAINST ACT — Making any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
HONOUR
(ART. 364)
 TITLE 14 — QUASI-OFFENSES

CRIME ELEMENTS

IMPRUDENCE AND ACT [4] —

NEGLIGENCE 1. By committing through reckless imprudence any act which, had it been intentional, would constitute a
(ART. 365) grave or less grave felony or light felony.
2. By committing through simple imprudence or negligence an act which would otherwise constitute a grave
or a less serious felony.
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.

RECKLESS IMPRUDENCE 1. ACT — That the offender does or fails to do an act voluntarily
(ART. 365) 2. WHY — That it be without malice.
3. EFFECT — That material damage results.
4. WHEN — There is inexcusable lack of precaution on the part of the offender, taking into consideration —
a. His employment or occupation
b. Degree of intelligence,physical condition
c. Other circumstances regarding persons, time and place

SIMPLE IMPRUDENCE 1. ACT — That there is lack of precaution on the part of the offender.
(ART. 365) 2. EFFECT — That the damage impending to be caused is not immediate or the danger is not clearly
manifest.