REVISED PENAL CODE

 Interpretation by analogy is NOT allowed.

FUNDAMENTAL PRINCIPLES
 DOCTRINE OF PRO REO:
CRIMINAL LAW In dubio pro reo. When in doubt, rule for the
It is that branch or division of law which defines accused.
crimes, treats of their nature, and provides for
their punishment (Reyes, Luis B. “The Revised  RULE OF LENITY
Penal Code: Criminal Law,” 2012, p. 1). Whenever a penal law is construed and
admits of two possible interpretations, that
CRIME which is more lenient or more favorable to
It is an act committed or omitted in violation of a the accused will be adopted.
public law forbidding or commanding it.
THEORIES IN CRIMINAL LAW
KINDS OF CRIME:
1. FELONY: 1. CLASSICAL THEORY
It is a crime punished under the RPC. The basis of criminal liability is human
freewill and the purpose of penalty is
2. OFFENSE retribution.
It is punished under a special penal law.
Man is essentially a moral creature with an
3. INFRACTION absolute free will to choose between good
It is punished by an ordinance. and evil. It thereby places more stress upon
the effect or result of the felonious act done
SOURCES OF PHILIPPPINE PENAL LAWS upon the man, the criminal himself.

1. Act No. 3815 (Revised Penal Code) and its It has endeavored to establish a mechanical
amendments; and direct proportion between crime and
2. Special Penal Laws passed by the penalty.
legislative branch of the government; and
3. Presidential Decrees. There is scant regard to the human element.

NOTE: 2. POSITIVIST THEORY

Common law crimes are NOT recognized in the That man is subdued occasionally by a
Philippines. Unless there be a particular strange and morbid phenomenon which
provision in the RPC or special penal law that constrains him to do wrong in spite of or
defines and punishes the act, even if it be contrary to his volition.
socially or morally wrong, no criminal liability is
incurred by its commission (Reyes, ibid.). Crime is essentially a social and natural
phenomenon, and as such, it cannot be
RULES ON CONSTRUCTION treated and checked neither by the
OF PENAL LAWS application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment, fixed and determined a priori,
 Penal laws are liberally construed in favor of
rather through the enforcement of individual
the accused and strictly against the
measures in each particular case.
Government.
3. MIXED or ECLECTIC THEORY
 The Spanish text of the RPC is controlling
This combines both positivist and classical
because it was approved by the Philippine
thinking.
Legislature in its Spanish text.

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 Crimes that are economic and social in criminal jurisdiction of the country where they
nature should be dealt with in a positivist reside, sojourn, or are assigned.
manner, thus the law is more
compassionate.

Heinous crimes should be dealt with in a EXCEPTION TO THE EXCEPTION:

classical manner, thus capital punishment. The diplomat (or entity otherwise immune)
commits a felony NOT in the exercise of his
CHARACTERISTICS OF CRIMINAL LAW official functions.

1. General; RULE AS TO CONSULS:

2. Territorial; and Consuls, vice-consuls, and other commercial
3. Prospective. representatives of foreign nations do not
possess the status of and CANNOT claim
GENERALITY the privileges and immunities accorded to
ambassadors and ministers, EXCEPT when
there is a treaty to the contrary.
GENERAL RULE:
Criminal law is binding on all persons who live or 3. Laws of preferential application
sojourn in Philippine territory (Article 14, NCC). These laws recognize the immunities, rights
and principles of duly-accredited foreign
EXCEPTIONS: T I P diplomatic representatives of one state to
1. Treaties or treaty stipulations another state.
Example: RP-US “Visiting Forces Accord” Example: Under Section 4, R.A. No. 75,
signed on February 10, 1998, in which the ambassadors, public ministers, or domestic
Philippines agreed that: servants of any such ambassador or minister
are exempt from arrest and imprisonment
 US military authorities shall have the and from distraint, seizure or attachment of
right to exercise within the Philippines all their properties.
criminal and disciplinary jurisdiction
conferred on them by military law of the Exceptions to the application of R.A. 75:
US over US military personnel in RP. (a) When the foreign country adversely
 US authorities exercise exclusive affected does not provide similar
jurisdiction over US personnel with protection to our diplomatic
respect to offenses, including offenses representatives (pursuant to the principle
relating to the security of the US of reciprocity);
punishable under the law of US, but not (b) When the person against whom the
under the laws of RP. process is issued is a citizen or
 US military authorities shall have the inhabitant of the Philippines, in the
primary right to exercise jurisdiction over service of the ambassador or a public
US personnel subject to the military law minister, and the process is founded
of the US in relation to: (1) offenses upon a debt contracted BEFORE he
solely against the property of person of entered service; and
US personnel; and (2) offenses arising (c) When the person against whom the
out of any act or omission done in process is issued is a domestic servant
performance of official duty. of the ambassador or public minister,
UNLESS name of the servant has been
2. Those exempted by virtue of the registered in the DFA, and such is
principles of public international law transmitted to the Chief of Police of the
City of Manila, who shall upon receipt
Heads of states and other diplomatic thereof post the same in some public
representatives (e.g. ambassadors, place or office.
ministers plenipotentiary, ministers resident,
and charges d’affaires) are immune from the

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 TERRITORIALITY 2. No person shall be held to answer for a
criminal offense without DUE PROCESS of
GENERAL RULE: law (Section 14(1), Article III, ibid.)
Criminal laws undertake to punish crimes
committed within the Philippine territory. 3. Penal laws must NOT impose cruel and
unusual punishment or excessive fines
 Penal laws of the Philippines are enforceable (Section 19, Article III, ibid.)
only within its territory.
REPUBLIC ACT NO. 9346
 Even the embassy premises of a foreign (An Act Prohibiting the Imposition of
power are to be considered outside the Death Penalty in the Philippines)
territorial domain of the host state. The
ground occupied by an embassy is not in fact Imposition of the death penalty is currently
the territorial domain of the foreign State to prohibited under R.A. 9346.
which the premises belongs through
possession or ownership. The lawfulness or In lieu of the death penalty, the following
unlawfulness of acts there committed is shall be imposed:
determined by the territorial sovereignty
(Reagan vs. CIR; December 27, 1969).  The penalty of reclusion perpetua when
the law violated makes use of the
EXCEPTIONS: Article 2, RPC nomenclature of the penalties of the
Revised Penal Code;
PROSPECTIVITY  The penalty of life imprisonment, when
the law violated does not make use of
GENERAL RULE: the nomenclature of the penalties of the
Penal law does NOT have any retroactive effect. RPC (Sec. 2, R.A. 9346).
Penal laws cannot make an act punishable in a
manner on which it was not punishable when Basis: This is for justice because the State
committed. has an existence of its own to maintain, a
conscience to assert and moral principles to
EXCEPTION: be vindicated. Penal justice rests primarily on
When the new law establishes a condition that is the moral rightfulness of the punishment
more lenient or favorable to the accused, it may imposed (Gregorio, “Fundamentals of
be given retroactive effect. Criminal Law,” 2008).

EXCEPTIONS TO THE EXCEPTION: NOTE: Persons convicted of offenses

1. The new law is expressly made inapplicable punished with reclusion perpetua or whose
to pending actions and existing causes of sentences will be reduced to reclusion
action; and perpetua by reason of R.A. 9346 shall NOT
2. Offender is a habitual delinquent. be eligible for parole under the Indeterminate
Sentence Law.
LIMITATIONS ON THE POWER OF THE
4. No ex post facto law or bill of attainder
LEGISLATURE TO ENACT PENAL LAWS
shall be enacted (Sec. 22, Article III, ibid.).
1. Penal laws must be GENERAL in EX POST FACTO LAW
application; otherwise, it would violate the It is one which: MACARD
equal protection clause in the Constitution. (a) Makes criminal an act done before the
passage of the law and which was
No person shall be deprived of life, liberty or innocent when done, and punishes such
property without due process of law or equal an act;
protection of the laws (Section 1, Article III, (b) Aggravates a crime, or makes it greater
1987 Philippine Constitution). than it was, when committed;

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(c) Changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when committed;
(d) Alters the legal rules of evidence, and
authorizes conviction upon less or
different testimony than the law required
at the time of commission of the crime;
(e) Assumes to regulate civil rights and
remedies only, in effect imposes penalty
or deprivation of a right for something
which when done was lawful; and
(f) Deprives a person accused of a crime
some lawful protection to which he has
become entitled, such protection of a
former conviction or acquittal, or a
proclamation of amnesty (Reyes, p. 2-3).

BILL OF ATTAINDER
It is a legislative act which inflicts punishment
without trial. Its essence is the substitution of
a legislative act for a judicial determination.

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 BOOK ONE
ARTICLE 1:
TIME WHEN ACT TAKES EFFECT 2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
RPC took effect on January 1, 1932. obligations and securities issued by the
Government of the Philippine Islands
ARTICLE 2:
APPLICATION OF RPC PROVISIONS REQUISITES:
(a) Any person who makes false or
counterfeit coins or forges treasury or
GENERAL RULE:
bank notes or other obligations and
The provisions of the RPC shall be enforced
securities in a foreign country may be
within the Philippine territory.
prosecuted before our civil courts; and
(b) It must refer to Philippine coins, currency
EXCEPTIONS: S C I O N
notes or obligations and securities.
The provisions of the RPC shall be enforced
outside of its jurisdiction, against those who:
3. Should be liable for acts connected with
the introduction into these islands of the
1. Should commit an offense while on a
counterfeited coins, currency notes,
Philippine ship or airship
obligations and securities mentioned in
the preceding number.
REQUISITES:
(a) The ship/airship must be on international
4. While being public officers or employees,
waters/airspace; and
should commit an offense in the exercise
(b) The ship/airship must be registered
of their functions.
under Philippine laws.
NOTE: The phrase "in the exercise of their
HENCE: If the ship/aircraft is within the
functions" means that the offense must have
territory of another country, Philippines has
a relation to official duties/functions.
NO jurisdiction, EXCEPT as regards
warships, which are considered extensions
Crimes Covered: Articles 171, 203–245
of the country they represent.
5. Should commit any of the crimes against
Rules as to jurisdiction over crimes
national security and the law of nations,
committed aboard MERCHANT VESSELS
defined in Title 1, Book 2, RPC.
while in the territorial waters of another
country:
Offenses included are:
(a) Treason (Article 114);
(a) FRENCH RULE:
(b) Conspiracy and proposal to commit
Such crimes are not triable in the courts
treason (Article 115);
of that country, UNLESS their
(c) Espionage (Article 117);
commission affects the peace and
(d) Inciting to war and giving motives for
security of the territory or the safety of
reprisals (Article 118);
the state is endangered.
(e) Violation of neutrality (Article 119);
(f) Correspondence with hostile country
(b) ENGLISH RULE:
(Article 120);
Such crimes are triable in that country,
(g) Flight to enemy’s country (Article 121);
UNLESS they merely affect things within
(h) Piracy and mutiny on the high seas
the vessel or they refer to the internal
(Article 122); and
management thereof.
(i) Terrorism under R.A. 9372.
The Philippines follows the English Rule.

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EXCEPTIONS TO THE EXCEPTIONS: NOTE: When a person acts without
Penal laws shall NOT be enforced outside the freedom, he is no longer a human being
Philippine territory if so provided in: but a tool.
(a) Treaties, and
(b) Laws of preferential application. 2. Intelligence: It is the power to determine
the morality of human acts, capacity to
TITLE ONE: know and understand the consequences
FELONIES AND CIRCUMSTANCES of one’s acts.
WHICH AFFECT CRIMINAL LIABILITY
NOTE: If there is lack of intelligence,
offender is EXEMPT from liability.
CHAPTER ONE:
FELONIES 3. INTENT: It is the purpose to use a
particular means to affect such result. It
ARTICLE 3: is presumed from the commission of
FELONIES unlawful act.

Felonies (delitos) are acts and omissions NOTE: If there is lack of intent, the act is
punishable by the Revised Penal Code. JUSTIFIED. There is no criminal liability.

ELEMENTS OF FELONY: AO – P – DC CRIMINAL INTENT

1. There must be an act or omission.
INTENT
 "Act" refers to any bodily movement It is a mental state, the existence of which is
tending to produce some effect in the shown by the overt acts of a person.
external world.
Basis:Actus non facit reum, nisi mens sit
 "Omission" refers to inaction, or failure rea. An act does not make a defendant guilty
to perform a positive duty which one is without a guilty mind.
bound to do.
For one to be criminally liable for felony by
2. The act or omission must be punishable by dolo, there must be a confluence of both an
the Revised Penal Code. evil act and an evil intent.

NOTE: “Nullum crimen, nulla poena sine NOTES:

lege.” (There is no crime where there is no  To constitute a crime, the act must,
law punishing it). except in certain crimes made by such
statute, be accompanied by criminal
3. The act is performed or the omission intent or by such negligence or
incurred by means of deceit (dolo) or fault indifference to duty or to consequences
(culpa). as, in law, is equivalent to criminal
intent(U.S. vs. Catolico; March 2, 1911).
CLASSIFICATION OF FELONIES
 Criminal intent is NOT necessary in
crimes punishable by special penal laws.
AS TO THEIR MANNER OF COMMISSION When the doing of an act is prohibited by
special law, it is considered that the act
1. INTENTIONAL FELONIES: is injurious to the public welfare and the
The act or omission is incurred with doing of the prohibited act is the crime
deliberate intent or malice to do an injury. itself. (Reyes, supra., p.56).

REQUISITES: F I I KINDS OF CRIMINAL INTENT

1. Freedom: The act was done or omission
incurred voluntarily. GENERAL SPECIFIC
It is presumed to It is not presumed
exist from an because it is an

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 unlawful act. ingredient or Intent vs. Discernment
element of a crime. INTENT DISCERNMENT
Hence, the burden Hence, the It is the It is the mental
of proving the prosecution has the determination to do capacity to
absence of general burden of proving a certain thing – an distinguish right
intent is upon the specific intent. aim or purpose of from wrong.
accused. the mind.

MOTIVE MISTAKE OF FACT

It consists of the special or personal reason It is a misapprehension of fact on the part of

that may prompt or induce a person to the person who caused injury to another.
perform an act or commit a crime (Amurao,
Jr., 2013). He is NOT criminally liable because he did
not act with criminal intent.
When proof of motive is NOT essential:
(a) If the commission of the crime has been Basis: Ignorantia facti excusat.
proven and the degree of identification is
convincing (People vs. Alviar; November BUT, ignorance of the law excuses no one
19, 1930); from compliance therewith (Article 3, NCC).
(b) Where guilt is otherwise established by
sufficient evidence (People v. Corpuz; REQUISITES: A I M
February 24, 1960); or (a) The act done would have been lawful
(c) Where the defendant admits the killing had the facts been as the accused
(People vs. Arcilla; June 30, 1959). believed them to be.
(b) The intention of the accused in
Motive is RELEVANT when: performing the act should be lawful.
(a) The identity of accused is in dispute; (c) The mistake must be without fault or
(b) There is a need in ascertaining the truth carelessness on the part of the accused.
between two antagonistic versions of the
killing; In mistake of fact, the act done by the
(c) The identification of the accused accused would have constituted:
proceeds from an unreliable source and (a) A justifying circumstance (Article 11);
the testimony is inconclusive and not free (b) An absolutory cause; or
from doubt;
(d) There are no eyewitness to the crime, 2. CULPABLE FELONIES:
and where suspicion is likely to fall upon The act or omission of the offender is NOT
a number of persons; or malicious.
(e) The evidence is merely circumstantial.
REQUISITES: F I – NIFS
Intent vs. Motive 1. Freedom
INTENT MOTIVE 2. Intelligence
It is the purpose to It is the moving 3. Negligence, Imprudence, Lack of
use a particular power which one Foresight, or Lack of Skill
means to effect impels to action for
such result. a definite result. NEGLIGENCE refers to deficiency of
perception. It is failure to pay proper
Intent is an element Motive is not an attention and to use due diligence in
of crime, except for element of a crime. foreseeing the injury or damage
culpable felonies. impending to be caused. It involves
Criminal intent must Motive need not be LACK OF FORESIGHT.
be proven by the proven by the
prosecution. prosecution. IMPRUDENCE refers to deficiency of
action. It is failure to take the necessary
precaution to avoid injury to person or

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 damage to property. It involves LACK members.
OF SKILL.
Criminal Intent Requirement
Rationale: A man must use his common Criminal intent is Intent is not required.
sense, and exercise due reflection in all his required. The only question is
acts. It is his duty to be cautious, careful and whether the law is
prudent. violated or not.
Moral Trait of the Offender
Intentional Felonies vs. Culpable Felonies Moral trait of the Moral trait is not
INTENTIONAL CULPABLE offender is considered. It is
FELONIES FELONIES considered. It is why enough that the
The act or omission The act or omission is liability of the prohibited act was
is malicious. not malicious. offender only arises voluntarily done.
when there is dolo
The act is performed The act is or culpa.
with deliberate intent. unintentional, it being
incident of another act Defense of Mistake of Fact
performed without Honest mistake of Honest mistake of fact
malice. fact is a defense. is not a defense.
Lack of criminal Lack of criminal intent Defense of Good Faith
intent is a valid is not a valid defense. Good faith is a valid Good faith is not a
defense. defense unless the defense.
Mistake of fact is a Mistake of fact is not a crime results from
defense. defense. culpa.
Degree of Accomplishment
AS TO THE NATURE OF THE CRIME The degree of The act gives rise to
accomplishment is crime only when it is
1. Malum In Se / Mala In Se considered: the consummated, unless
These are crimes which are wrong from their crime may be the special law
very nature – those so serious in their effects consummated, expressly penalizes the
on society as to call for the almost frustrated, or mere attempt or
unanimous condemnation of its members. attempted. frustration of the crime.
Degree of Participation of the Offender
2. Malum Prohibitum / Mala Prohibita
These wrong merely because it is prohibited The degree of the The degree of
by a statute/law. These are violations of participation of the participation is not
mere rules of convenience designed to offender is considered. All who
secure a more orderly regulation of the considered: the participated in the act
affairs of the society. offender may be are punished to the
classified as same extent.
principal,
Malum In Se vs. Malum Prohibitum
accomplice, or
MALUM IN SE MALUM PROHIBITUM accessory.
Nature of the Offense Mitigating or Aggravating Circumstances
It is wrong from its It is wrong merely These are taken These are generally
very nature. because it is prohibited into account in not taken into account
by a statute/law. imposing a penalty. because the law
Crimes mala in se Crimes mala prohibita intends to discourage
are those so serious are violations of mere the commission of the
in their effects on rules of convenience act specially prohibited.
society as to call for designed to securea
the almost more orderly regulation NOTE: The notion that mala in se are punished
unanimous of the affairs of the entirely under and by the RPC and mala
condemnation of its society. prohibita are punished under special penal laws

8
is NOT totally true – and therefore not a 2. The wrongful act done is different from that
distinction as between the two. There are some which is intended.
acts that are punished by special penal laws but 3. The felony committed by the accused should
are considered mala in se, like plunder. Similarly, be the proximate cause of the resulting
there may be mala prohibita crimes defined in injury.
RPC, such as technical malversation (Dungo vs.
People; July 1, 2015). NOTES:
 The felony must be intentional. This is not
NOTE: An act malum in se CANNOT absorb an applicable on acts committed through
act malum prohibitum. What makes an act negligence, carelessness, lack of foresight,
malum in se is deceit or negligence. What makes or lack of skill.
an act malum prohibitum is a violation of a law.
Thus, one cannot absorb the other. Where there  When a person has not committed a felony,
are multiple charges involving an act malum he is not criminally liable for the result which
prohibitum and an act malum in se, these must is not intended.
be prosecuted separately (Loney vs. People;
February 10, 2006). PROXIMATE CAUSE
It is that cause, which, in natural and continuous
OTHER CLASSIFICATIONS sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the
AS TO STAGE OF EXECUTION (Article 6): result would not have occurred.
1. Consummated
2. Frustrated; and NOTE: Wrong done must be the direct,
3. Attempted. natural and logical consequence of the
felonious act.
AS TO GRAVITY (Article 9):
1. Grave felonies;  “Natural” refers to an occurrence in the
2. Less grave felonies; and ordinary course of human life or events.
3. Light felonies.  “Logical” means that there is a rational
connection between the act of the
ARTICLE 4: accused and the resulting injury or
CRIMINAL LIABILITY damage.

PARAGRAPH 1: Felony committed is NOT the proximate

WRONGFUL ACT DONE DIFFERENT FROM cause of the resulting injury when:
THAT WHICH HE INTENDED 1. There is an active force that intervened
between the felony committed and the
resulting injury, and the active force is a
Criminal liability shall be incurred “by any distinct act or fact absolutely foreign from
person committing a felony (delito), although the felonious act of the accused
the wrongful act done be different from that (intervening active force); or
which he intended.”
“Efficient Intervening Cause” is one
NOTE: One who commits an intentional felony is that breaks the causal connection
responsible for all the consequences which may between the act and injury, and thereby
naturally and logically result therefrom, whether negatives liability.
foreseen or intended or not.
2. Resulting injury is due to the intentional
Rationale: El que es causa de la causa es act of the victim (fault of victim).
causa del mal causado (He who is the cause of
the caused is the cause of the evil caused). PENALTY: See Article 49.
REQUISITES: I D – Prox Scenarios in which the result is different from
1. The accused must be committing an that which is intended:
intentional felony, i.e. an act or omission
punishable by RPC. (a) Error In Personae

9
 It is mistake in the identity of the victim. Rationale: The purpose of the law is to suppress
criminal propensity or criminal tendencies.
RESULT: This mitigates criminal liability if Objectively, the offender has not committed a
there is a variance between the intended felony, but subjectively, he is a criminal.
felony and the one actually committed (see
Article 49, which provides that if such a REQUISITES: W E I A
variance exists, the penalty imposed would 1. The act performed would have constituted an
be the lesser penalty in its maximum). offense against persons or property;
2. The act was done with evil intent;
However, if there is no such variance, Article 3. Its accomplishment is inherently impossible,
49 will not apply and error in personae will or that the means employed is either
not be mitigating. inadequate or ineffectual; and
4. The act performed should not constitute a
NOTE: Error in personae is NOT a defense. violation of another provision of the RPC.

(b) Aberratio Ictus NOTES:

It is mistake in the blow.  If the act performed would be an offense
OTHER than a felony against persons or
RESULT: This will result to two (2) crimes – against property, there is NO impossible
the intended crime and the actual crime – crime.
which are generally complexed unless
circumstances otherwise warrant.  The felony against person or property should
NOT be actually committed; otherwise, he
NOTE: Aberratio ictus is NOT a defense. would be liable for that felony. There would
be no impossible crime to speak of.
(c) Praeter Intentionem
It is where the injurious result is greater than  INHERENT IMPOSSIBILITY
that which is intended. This means that the act intended by the
offender is by its nature one of impossible
RESULT: This always mitigates criminal accomplishment.
liability (see Article 13, par. 3, i.e. offender
had no intent to commit so grave a wrong). 1. LEGAL IMPOSSIBILITY
This is where the intended acts, even if
For praeter intentionem to subsist – completed, would not amount to crime.
(a) An intentional felony must have been
committed in the first place, and Examples:
(b) That there is a notable disparity between  Killing a person already dead.
the one committed and the one which  Y stole a ring, which turned out be
resulted from the act. the one which he lost.
NOTE: The person committing a felony 2. FACTUAL IMPOSSIBILITY
under the aforementioned circumstances is This is when extraneous circumstances
criminally liable. unknown to the actor or beyond his
control prevent the consummation of the
PARAGRAPH 2: intended crime.
IMPOSSIBLE CRIME
Case Examples:
Criminal liability is likewise incurred “by any  Intod vs. Court of Appeals (1992);
person performing an act which would be an  Jacinto vs. People
offense against persons or property, were it
not for the inherent impossibility of its  INADEQUATE MEANS
accomplishment or on account of the
employment of inadequate or ineffectual Example:
means.”

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 With intent to kill, Y gave X a drink mixed
with poison, but the quantity was not
sufficient to kill.

NOTES: ARTICLE 6:
 In case of inadequate means, the STAGES OF EXECUTION OF CRIMES
intended victim should NOT suffer any
injury, otherwise the crime could be DEVELOPMENT OF A CRIME:
attempted or frustrated homicide, as the
case may be (Sandoval, Edilberto G. 1. INTERNAL ACTS
“Pointers in Criminal Law.” 2010 ed.). These refer to mere ideas in the mind of the
person which are NOT punishable.
 Where the means employed is adequate
but did not produce the intended result, it 2. EXTERNAL ACTS
is not an impossible crime but a They cover the following:
frustrated felony (Reyes, supra., p. 87).
(a) PREPARATORY ACTS
 INEFFECTUAL MEANS These are ordinarily not punishable, BUT
preparatory acts which are considered in
Example: With intent to kill, Y gave X a drink themselves, by law, as independent
mixed with salt, which Y believed to be crimes are punishable (e.g. possession
poison. of picklocks).

PENALTY FOR IMPOSSIBLE CRIME: (b) ACTS OF EXECUTION

The court, having in mind the social danger and These are the acts punishable under the
the degree of criminality shown by the offender, Revised Penal Code.
shall impose the penalty of arresto mayor or a
fine from P200 to P500 (Article 59). 1. SUBJECTIVE PHASE
It is that portion of the acts
ARTICLE 5: constituting the crime, starting from
DUTY OF THE COURT IN CONNECTION WITH the point where the offender begins
ACTS WHICH SHOULD BE REPRESSED BUT the commission of the crime to the
WHICH ARE NOT COVERED BY THE LAW, point where he has still control over
AND IN CASES OF EXCESSIVE PENALTIES his acts, including their natural
course.
Whenever a court has knowledge of any act
which it may deem proper to repress and which NOTE: If the act is still in the
is not punishable by law, it shall render the subjective phase, then the
proper decision, and shall REPORT to the Chief commission of the felony is in the
Executive, through the Department of Justice, attempted stage. If the act passed
the reasons which induce the court to believe the subjective phase, then the
that said act should be made the subject of commission is either in the frustrated
legislation. or consummated stage (Amurao,
supra., p. 99).
In the same way, the court shall submit to the
Chief Executive, through the Department of 2. OBJECTIVE PHASE
Justice, such statement as may be deemed It is the result of the acts of the
proper, without suspending the execution of the execution, that is, the
sentence, when a strict enforcement of the accomplishment of the crime.
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking NOTES:
into consideration the degree of malice and the  If the subjective and objective
injury caused by the offense. phases are present, there is a
consummated felony.

11
  The spontaneous desistance of the DESISTANCE
accused is exculpatory only: Desistance in the attempted stage is an
(a) If made DURING the attempted absolutory clause which negates criminal liability
stage, and because the law encourages a person to desist
(b) Provided that the acts already from committing a crime.
committed do NOT constitute
any offense. Kinds of Desistance:
1. Legal desistance; and
STAGES OF EXECUTION OF A CRIME 2. Factual desistance.

1. Attempted; LEGAL FACTUAL

2. Frustrated; and DESISTANCE DESISTANCE
3. Consummated. It is the desistance It is the actual
referred to in law desistance of the
ATTEMPTED FELONY which would obviate actor which is made
criminal liability unless after the attempted
There is an attempt when the offender the overt or stage of the crime.
commences the commission of a felony preparatory act The actor is still
directly by overt acts, and does not perform already committed liable for the attempt.
all the acts of execution which should constitutes a felony
produce the felony by reason of some cause other that what the
or accident other than his own spontaneous actor intended.
desistance (Article 6, par. 3). Desistance is made Desistance is made
during the attempted after the attempted
ELEMENTS: Co N S O stage of the crime. stage of the crime.
1. The offender commences the commission of
the felony directly by overt acts; NOTES:
2. He does NOT perform all the acts of  The accused may be convicted of a felony
execution which should produce the felony; defined by the acts performed by him up to
3. The offender’s act is not stopped by his own the time of desistance.
spontaneous desistance;
4. The non-performance of all acts of execution  One who takes part in planning a criminal act
was due to cause or accident other than his but desists in its actual commencement is
spontaneous desistance. EXEMPT from criminal liability. For after
taking part in the planning, he could have
OVERT ACT desisted from taking part in the actual
Some physical activity or deed, indicating the commission of the crime by listening to the
intention to commit a particular crime, more than call of his conscience (People vs. Villacorta;
a mere planning or preparation, which if carried February 28, 1974).
to its complete termination following its natural
course, without being frustrated by external Rules on Spontaneous Desistance as an
obstacles or by the voluntary desistance of the Absolutory Cause:
perpetrator, will logically and necessarily ripen
 The desistance must have been made
into a concrete offense.
BEFORE the offender has performed all the
acts of execution which should produce the
REQUISITES:
felony.
1. There is an external act; and
2. Such external act has a direct connection
 It is NOT necessary that desistance be
with the crime intended to be committed.
actuated by a good motive. What is only
required is that the discontinuance of the
NOTE: Overt acts may not be by physical
crime comes from the person who has begun
activity, e.g. proposal or making an offer of
it, and that he stops at his own free will.
money to a public official is an overt act in
the crime of corruption of public officer.
 The desistance which exempts one from
criminal liability has reference to the crime

12
 intended to be committed, and has no The offense requires the concurrence of the
reference to the crime actually committed by will of both parties, such as that when the
the offender before his desistance. offer is accepted, the offense is
consummated – but when the offer is
FRUSTRATED FELONY rejected, the offense is merely attempted.

A felony is frustrated when the offender 3. INDIRECT BRIBERY

performs all acts of execution which would It is committed by accepting the gifts offered
produce the felony as a consequence but to the public officer by reason of his office.
which, nevertheless, did not produce it by
reason of causes independent from the will of 4. ADULTERY
the perpetrator (Article 6, par. 2). The essence of the crime is sexual congress.

ELEMENTS: Per Wo N Ca 5. PHYSICAL INJURY

1. The offender performs all the acts of It cannot be determined whether the injury
execution; will be slight, less serious, or serious unless
2. All acts performed would produce the felony and until consummated.
as a consequence;
3. But, the felony is not produced; 6. THEFT
4. By reason of causes independent of the will Theft is already produced upon the taking of
of the perpetrator. property without the latter’s consent. There is
no need of permanency in taking as the mere
NOTES: possession is enough (Valenzuela vs.
 “Performs all acts of execution” means People; June 21, 2007).
that there is nothing more is left to be done
by the offender because he has performed 7. ARSON
the last act necessary to produce the crime. We can hardly determine whether the
offender has performed all the acts of
 The belief of the accused need not be execution that would result in arson, as a
considered. What should be considered is consequence, unless a part of the premises
whether all the acts of execution performed has started to burn. On the other hand, the
by the offender “would produce the felony as moment a particle or a molecule of the
a consequence” (Reyes, supra., p. 108). premises has blackened, in law, arson is
consummated. This is because
consummated arson does not require that
CRIMES WITHOUT FRUSTRATED STAGE
the whole of the premises be burned. It is
enough that any part of the premises, no
There are crimes that do NOT admit of a matter how small, has begun to burn.
frustrated stage. By definition of a frustrated
felony, the offender cannot possibly perform all 8. KIDNAPPING
the acts of execution to bring the desired result The essence of kidnapping is deprivation of
without consummating the offense. To wit: liberty, such that –
(a) If there is complete (total) deprivation of
1. RAPE liberty, it is considered consummated;
Since the gravamen of the offense is carnal (b) If deprivation of liberty is not complete
knowledge, no matter how slight the (partial), it is only attempted.
penetration, the felony is consummated. If
the male organ failed to touch the pudenda, 9. ORAL DEFAMATION
by some causes or accident other than his 10. COUP D’ÉTAT
spontaneous desistance, the felony is merely 11. ROBBERY
attempted. If he desisted spontaneously, he
is not liable for attempted rape, but for some RULES IN CASE OF HOMICIDE:
other crime such as acts of lasciviousness. 1. If the wound is inflicted with the intent to kill
but the same is NOT mortal (i.e. it is not
2. CORRUPTION OF PUBLIC OFFICERS sufficient to cause the death of the victim)
and the victim does not die, then the crime of

13
 murder, homicide, parricide, or infanticide is consummation of felony
only in the attempted stage (People vs.
The offender does not arrive at the
Domingo; April 11, 1956).
point of performing all the acts
which should produce the crime, as
2. The crime of homicide is deemed to be in the Attempted
he is stopped short of that point by
attempted stage where there are wounds
some cause apart from his own
suffered by the offended party but there is no
spontaneous desistance.
medical testimony on the gravity of wounds
(Serrano vs. People; July 5, 2010). There is no intervention from
some foreign or extraneous cause
3. If the wound is inflicted with the intent to kill or agency between the beginning of
but the same is MORTAL (i.e. sufficient to Frustrated the consummation of the crime and
cause death, then murder), homicide, the moment when all the acts have
parricide, or infanticide is in the frustrated been performed which should result
stage. in the consummated crime.
Crime is not committed due to its
4. FORMULAS (Amurao, supra., p. 114): inherent impossibility or due to the
Impossible
(a) Consummated Stage means employed by the offender
Overt Act (OA) + Death (D) = being inadequate or ineffectual.
Consummated
NOTE: There is no attempted or frustrated
NOTE: If a person dies, intent to kill is impossible crime because the acts performed by
presumed. the offender are considered as constituting a
consummated offense.
(b) Frustrated Stage
Mortal Wound (MW) + Intent to Kill (IK) – CONSUMMATED FELONY
Death (D) = Frustrated
A felony is consummated when all the
(c) Attempted Stage:
elements necessary for its execution and
 In the presence of wound: accomplishment are present (Article 6, par. 2).
Non-MW + IK – D = Attempted
 All the elements of the felony which the
 In the absence of wound: accused is prosecuted must be present in
OA + IK – D = Attempted order to hold him liable therefor.
NOTE: In determining whether frustrated
 When a felony has two or more elements
or attempted, consider the actual injury
and one of them is not proved by the
(wound) inflicted on the offended party.
prosecution, either: (a) the felony is not
shown to have been consummated; (b) the
Attempted vs. Frustrated vs. Impossible felony is not shown to have been committed;
As to accomplishment of purpose (c) another felony is shown to have been
Attempted The offender has NOT committed.
Frustrated accomplished his/her criminal
purpose. INDETERMINATE OFFENSE
Impossible
It is one where the purpose of the offender in
As to performance of acts of execution performing an act is NOT certain. Its nature in
Offender does not perform all the relation to its objective is ambiguous.
Attempted
acts of execution.
Factors in determining stage of execution:
Offender has performed all the acts
Frustrated 1. Nature of the Offense;
of execution
2. Elements constituting the felony; and
There is inability on the part of the 3. Manner of committing the crime.
Impossible offender to perform all the acts of
execution.
As to the factors interfering or preventing the

14
 MANNER OF COMMITTING THE CRIME REQUISITES: A Co De
1. Two or more persons come to an agreement;
1. FORMAL CRIMES 2. The agreement concerned the commission
These are consummated in one instant. of a felony; and
3. The execution of felony is decided upon.
There is no attempted stage because
between the thought and deed there is no PUNISHABLE CONSPIRACY
chain of acts that can be severed in any link. Remember: Re Co Se T – B A M E – H I Co T
1. Rebellion,
Examples: Slander; False testimony; Sale of 2. Coup d’etat,
prohibited drugs under R.A. 9165 3. Sedition,
4. Treason,
2. Crimes consummated by mere attempt or 5. Brigandage,
proposal or by overt act 6. Arson,
7. Monopolies and combinations
Examples: Flight to enemy’s country; in restraint of trade,
Corruption of minors 8. Espionage,
9. Highway robbery,
3. Felony by omission: There can be no 10. Illegal association,
attempted stage when the felony is by 11. Selected acts committed under the
omission because the offender does not Comprehensive Dangerous Drugs Act,
execute acts, but omits to perform an act 12. Terrorism under Human Security Act.
which the law requires him to do.
TWO ASPECTS OF CONSPIRACY:
4. Crimes requiring the intervention of two 1. As a felony
persons to commit them are Conspirators need NOT actually commit
consummated by mere agreement treason, sedition, coup d’etat, etc., it being
sufficient that two or more persons agree and
5. MATERIAL CRIMES decide to commit treason, rebellion or
Those which admit three stages of execution sedition.
– attempted, frustrated and consummated.
2. As manner of incurring criminal liability
When the conspiracy relates to a crime
ARTICLE 8:
actually committed, it is not a felony but only
CONSPIRACY AND PROPOSAL
a manner of incurring criminal liability, that is,
when there is conspiracy, the act of one is
GENERAL RULE: the act of all.
Conspiracy and proposal to commit a felony are
NOT punishable. In this aspect, conspiracy is not treated as a
separate offense but is used to determine the
Rationale: Conspiracy and proposal are only liability of the offenders.
preparatory acts, which the law regards as
innocent or at least permissible except in NOTES:
rare and exceptional cases.
 Direct proof is NOT essential to establish
conspiracy (Reyes, supra., p. 133).
EXCEPTION:
They are punishable only in the cases in which
 It is fundamental for conspiracy to exist that
the law specially provides penalty therefor.
there must be unity of purpose and unity in
the execution of the unlawful objective.
CONSPIRACY
 Mere knowledge, acquiescence to or
Conspiracy exists when two or more persons approval of the act, without cooperation or at
come to an agreement concerning the least, agreement to cooperate, is not enough
commission of a felony and decide to commit to constitute a conspiracy; there must be an
it.” (Article 8, par. 2) intentional participation in the crime with a

15
 view to further the common felonious There is NO criminal proposal when:
objective. (a) The person who proposes is not determined
to commit the felony.
GENERAL RULE: (b) There is no decided, concrete and formal
When there is conspiracy, all conspirators who proposal.
carried out the plan and took part in its execution (c) It is not the execution of the felony that is
are equally liable for the crime committed. proposed.

EXCEPTION: ARTICLES 7 & 9:

One or some of the conspirators committed CLASSIFICATION OF CRIMES
some other crime which is not part of the ACCORDING TO GRAVITY
intended crime.
1. Grave Felonies;
EXCEPTION TO THE EXCEPTION: 2. Less Grave Felonies; and
Act constitutes a single indivisible offense. 3. Light Felonies.

DOCTRINE OF IMPLIED CONSPIRACY IMPORTANCE OF CLASSIFICATION:

When their acts aimed at the same object, one (a) To determine whether these felonies can be
performing one part and other performing complexed or not; and
another part so as to complete it, with a view to (b) To determine the prescription of the crime
the attainment of the same unlawful object, and and the prescription of the penalty.
their acts, though apparently independent, were
in fact concerted and cooperative, indicating GRAVE FELONIES
closeness of personal association, concerted
action and concurrence of sentiments, the court
GRAVE FELONIES
will be justified in concluding that defendants
These are those to which the law attaches the
were engaged in a conspiracy.
capital punishment or penalties which in any of
their periods are afflictive, in accordance with
NOTE: The presence of conspiracy is implied
Article 25, RPC (Article 9, par. 1, RPC).
where the separate acts committed, taken
collectively, emanate from a concerted and
HENCE: These are crimes punishable by
associated action (People vs. Comillo, Jr.;
reclusion perpetua, reclusion temporal, perpetual
November 25, 2009).
or temporary absolute disqualification, perpetual
or temporary special disqualification, and prision
PROPOSAL mayor.

There is proposal when a person decided to LESS GRAVE FELONIES

commit a felony and he proposes its
execution to some other person or persons.
LESS GRAVE FELONIES
These are those which the law punishes with
REQUISITES: D – Pro
penalties in their maximum period are
1. A person has decided to commit a felony.
correctional, in accordance with Article 25, RPC
2. He proposes its execution to some other
(Article 9, par. 2, RPC).
person or persons.
HENCE: These are crimes punishable by prision
NOTE: The law does not require that the
correccional, arresto mayor, suspension and
proposal be accepted by the person to whom
destierro.
the proposal is made.

PUNISHABLE PROPOSAL LIGHT FELONIES

Remember: T R I C
1. Treason LIGHT FELONIES
2. Rebellion These are those infractions of law for the
3. Insurrection commission of which the penalty of arresto
4. Coup d’etat menor or a fine not exceeding P200, or both, is
provided (Article 9, par. 3, RPC).

16
 CHAPTER TWO:
Light Felonies under RPC: T A M I S JUSTIFYING CIRCUMSTANCES AND
1. Theft (Article 309, par. 7 & 8); CIRCUMSTANCES WHICH EXEMPT
2. Alteration of boundary marks (Article 313);
FROM CRIMINAL LIABILITY
3. Malicious mischief (Articles 328 & 329);
4. Intriguing against honor (Article 364).
5. Slight physical injuries (Article 266); The circumstances which affect criminal liability
are the following:
GENERAL RULE:
Light felonies are punishable only when 1. Justifying Circumstances (Article 11)
consummated. 2. Exempting Circumstances (Article 12) and
other Absolutory Causes
Reason: If they are not consummated, the 3. Mitigating Circumstances (Article 13)
wrong done is so slight that there is no need 4. Aggravating Circumstances (Article 14)
of providing for penalty 5. Alternative Circumstances (Article 15).

EXCEPTION: ARTICLE 11:

Light felony against persons or property, is JUSTIFYING CIRCUMSTANCES
punishable, even if attempted or frustrated
(Article 7, RPC). Justifying circumstances are those where the
act of a person is said to be in accordance with
Reason: Felonies against persons and law, so that such person is deemed not to have
property presupposes moral depravity. transgressed the law. Under this article, the actor
is not criminal and there is no crime committed.
ARTICLE 10:
OFFENSES NOT SUBJECT TO THE They are the following: SR. SAFO
PROVISIONS OF RPC 1. Self-defense (Par. 1);
2. Defense of Relative (Par. 2);
GENERAL RULE: 3. Defense of Stranger (Par. 3);
Offenses which are or in the future may be 4. Avoidance of greater evil/injury (Par. 4);
punishable under special laws are not subject to 5. Fulfillment of duty or lawful exercise of a right
the provisions of this Code. RPC shall be or office (Par. 5); and
supplementary to such laws (Article 10, RPC). 6. Obedience to an order from superior issued
for some lawful purpose (Par. 6).
EXCEPTIONS:
1. Special law specially provides otherwise. GENERAL RULE:
2. The RPC provisions are impossible of Justifying circumstances render a person free
application, either by express provision or by from BOTH criminal and civil liability.
necessary implication.
EXCEPTION:
With respect to Article 11, par. 4 (avoidance of
APPLICATION OF RPC PENALTIES
greater evil or injury), civil liability is borne by the
persons benefited by the act.
GENERAL RULE:
The provisions of the RPC on penalties cannot BURDEN OF PROOF
be applied to offenses punishable under special Justifying circumstances are matters of defense
laws because the latter do not provide for the and it is incumbent upon the accused, in order to
scale of penalties. avoid criminal liability, to prove the justifying
circumstance claimed by him to the satisfaction
EXCEPTION: Special laws amending the RPC of the court.
are subject to the latter’s provisions.

17
 PARAGRAPH 1: The danger must be present, that is,
SELF DEFENSE actually in existence.

REQUISITES: U R L (b) “Imminent”

1. Unlawful aggression; The danger is on the point of happening.
2. Reasonable necessity of the means It is NOT required that the attack already
employed to prevent or repel it; and begins, for it may be too late (Reyes,
3. Lack of sufficient provocation on the part of supra., p. 161-163).
the person defending himself (Par. 1).
 A mere threatening or intimidating attitude is
SCOPE OF SELF-DEFENSE: not sufficient (Reyes, supra., p. 181). Threat
Self-defense includes not only defense of the must be offensive and positively strong,
person or body of the one assaulted, but also showing the wrongful intent to cause an
that of his rights, that is those rights the injury (Reyes, supra., p. 160).
enjoyment of which is protected by law (Reyes,
supra., p. 157).  There must be actual physical force or
actual use of weapon.
(a) Defense of one’s life or person
(a) The insulting words without physical
(b) Defense of right to property assault could NOT constitute unlawful
It need not be coupled with an attack on the aggression (U.S. vs. Carrero; January
person of the owner or of one entrusted with 10, 1908).
property (People v. Narvaez; April 20, 1983).
(b) However, a slap on the face is an
(c) Defense of chastity unlawful aggression because it is a
There must be an attempt to rape the victim. physical assault coupled with a willful
disregard, nay, a defiance, of an
(d) Defense of honor/dignity individual’s personality placing in danger
a person’s dignity, rights and safety
SELF-DEFENSE IN LIBEL (People vs. Sabio; April 27, 1967).
Once the aspersion is cast, its sting clings
and the person thus defamed may avail  Mere belief of an impending attack is NOT
himself of all necessary means to shake it sufficient (Reyes, supra., p. 165).
off. He may hit back with another libel which,
if adequate, will be justified (People vs. Chua NOTE: A threat, even if made with a
Hiong; October 20, 1954; 51 O.G. 1932). weapon, or the belief that a person was
about to be attacked, is NOT sufficient. It is
UNLAWFUL AGGRESSION necessary that the intent be ostensibly
It is an assault or attack, or a threat in an revealed by an act of aggression or by some
imminent and immediate manner which places external acts showing the commencement of
the defendant’s life in actual peril (Sandoval, actual and material aggression (People vs.
supra., p. 28). Pateo; June 3, 2004).

NOTES: However, in relation to mistake of fact, the

 It is an indispensable requirement. belief of the accused may be considered in
determining the existence of unlawful
 Aggression must be unlawful. aggression (e.g. use of a replica gun),
provided that the accused believed them to
 There is unlawful aggression when the peril be real (Reyes, supra., p. 179).
to one’s life, limb or right is either actual or
imminent. There must be an actual physical  When an unlawful aggression has ceased to
assault or an immediate and imminent threat exist, the one making a defense has no right
(Reyes, supra., p. 160). to kill or injure the former aggressor.

(a) “Actual” NOTES:

18
  When the aggressor flees, the (b) There is a reasonable necessity of the
aggression ceases to exist. means used. The means employed by the
person making the defense must be
 When the killing of the deceased by the rationally necessary to prevent or repel an
accused was after the attack made by unlawful aggression.
the deceased, the accused must have no
time nor occasion for deliberation and NOTES:
cool thinking (Reyes, supra., p. 167).  The reasonableness of either or both such
necessity depends on the existence of
 The unlawful aggression must come from the unlawful aggression and upon the nature and
person who was attacked by the accused. extent of the aggression.

 An act of aggression, when its author does  Reasonableness of the means depends on:
not persist in his purpose, or when he (a) Nature and quality of the weapon used
discontinues his attitude to the extent that the by the aggressor;
object of his attack is no longer in peril, is not (b) The aggressor’s physical condition,
unlawful aggression warranting self-defense character, size and other circumstances;
(People vs. Geneblazo; July 20, 2001). (c) Physical condition, character, size and
other circumstances of the person
RULE ON RETALIATION defending himself;
Retaliation is NOT self-defense. (d) Place and occasion of the assault; and
(e) Other circumstances, such as imminence
RETALIATION SELF-DEFENSE of danger.
The aggression The aggression still
 Perfect equality between the weapon used
begun by the existed when the
by the person defending himself and that of
injured party aggressor was
the aggressor is NOT required, because the
already ceased to injured or disabled
person assaulted does not have sufficient
exist when accused by the person
tranquility of mind to think, to calculate and to
attacked him. making the defense.
choose which weapon to use.
RULE ON AGREEMENT TO FIGHT The requisite does NOT imply material
commensurability between the means of
GENERAL RULE: There is no unlawful attack and of defense. What the law requires
aggression when there is an agreement to is rational equivalence, in the consideration
fight (People vs. Gundayao; 1969). BUT, the of which will enter as principal factors the
challenge to fight must be accepted (People emergency, the imminent danger to which
v. Del Pilar; 44 O.G. 596). the person attacked is exposed, and the
instinct, more than reason, that moves or
Reason: Both could be aggressors in the impels the defense, and the
contemplation of the law. proportionateness thereof does not depend
upon the harm done, but rests upon the
EXCEPTION: Aggression which is ahead of imminent danger of such injury (People vs.
the stipulated time is unlawful. Encomienda; August 18, 1972).

 An aggression that is expected is still real  Reasonable necessity of means employed to

provided it is imminent, i.e. it is not prevent or repel unlawful aggression is to be
necessary to wait until the blow is about to liberally construed in favor of law-abiding
be discharged (Reyes, supra., 183). citizens (People v. So; 5 CAR 2s 671, 674).
REASONABLE NECESSITY OF THE MEANS  The peace officer, in the performance of his
This requisite means that – duty, represents the law which he must
(a) There is a reasonable necessity of the uphold. A police officer is not required to
course of action taken by the person afford a person attacking him, the opportunity
making a defense; and for a fair and equal struggle. As a police
officer in the lawful performance of his official

19
 duty, he must stand his ground and cannot, far as he can before he is justified in meeting
like a private individual, take refuge in flight. force with force.
His duty requires him to overcome his
opponent (Reyes, p. 194). BATTERED WOMAN SYNDROME
It refers to a scientifically defined pattern of
NOTE: The first two elements of self-defense are psychological and behavioral symptoms found in
common to self-defense, defense of relative, and women living in battering relationships as a result
defense of stranger. of cumulative abuse.

LACK OF SUFFICIENT PROVOCATION  BATTERED WOMAN

To be entitled to the benefit of the justifying It is a woman who is repeatedly subjected to
circumstance of self-defense, the person any forceful physical or psychological
defending himself must not have given cause for behavior by a man in order to coerce her to
the aggression by his unjust conduct or by do something he wants her to do without
inciting or provoking the assailant. concern for her rights.

Rationale: When the person defending Battered women include wives or women in
himself from the attack by another gave any form of intimate relationship with men
sufficient provocation to the latter, the former (People vs. Genosa; January 15, 2004).
is also to be blamed for having given cause
for the aggression.  CYCLE OF VIOLENCE
The battered woman syndrome is
 Third requisite is present when – characterized by the so-called "cycle of
(a) No provocation at all was given by the violence,” which has three (3) phases:
person defending himself; or (a) The tension-building phase;
(b) Even if a provocation was given, it was (b) The acute battering incident; and
not sufficient; or (c) The tranquil, loving (or, at least,
(c) Even if a provocation was sufficient, it nonviolent) phase.
was not given by the person
defending himself; or B.W.S. AS A DEFENSE
(d) Even if a provocation was given by the Victim-survivors who are found by the courts to
person defending himself, it was not be suffering from Battered Woman Syndrome do
proximate and immediate to the act of NOT incur any criminal and civil liability
aggression. notwithstanding the absence of any of the
elements for the justifying circumstances of self-
 Provocation should be proportionate to the defense under the RPC (Sec. 26, R.A. 9262).
act of aggression and adequate to stir the
aggressor to its commission(People vs. NOTE: Existence of B.W.S. in a relationship
Alconga; April 30, 1947). does NOT in itself establish the legal right of
a woman to kill her abusive partner.
 Some factors to consider:
(a) Time when the provocation was given; Taken altogether, the following circumstances
(b) Place where provocation was given; or could satisfy the requisites of self-defense:
(c) Social standing of the person provoked. 1. Each of the phases of the cycle of violence
must be proven to have characterized at
 “Stand Ground when in the Right” least two (2) battering episodes between the
Doctrine: Where the accused is where he appellant and her intimate partner.
has the right to be, the law does not require a
person to retreat when his assailant is rapidly 2. The final acute battering episode preceding
advancing upon him with a deadly weapon the killing of the batterer must have produced
(U.S. v. Domen; October 25, 1917). in the battered person's mind an actual fear
of an imminent harm from her batterer and
NOTE: The opposite but already obsolete an honest belief that she needed to use force
rule is the “retreat to the wall” doctrine: it in order to save her life.
is the duty of a person assailed to retreat as

20
3. At the time of the killing, the batterer must
have posed probable – not necessarily NOTES:
immediate and actual – grave harm to the  The fact that the relative defended gave
accused, based on the history of violence provocation is immaterial. So, relative
perpetrated by the former against the latter defended may be the original aggressor. But,
(People vs. Genosa; January 15, 2004). the person defending his relative must not
take part in provocation.
PARAGRAPH 2:
DEFENSE OF RELATIVE  Death of the spouse terminates the
relationship by affinity, unless the marriage
ELEMENTS: U R O has resulted in issue who is still living, in
1. Unlawful aggression; which case, the relationship continues.
2. Reasonable necessity of the means
employed to prevent or repel it; and  Basis: Not only upon humanitarian
3. In case the provocation was given by the sentiment, but also upon the impulse of
person attacked, the one making the defense blood which impels men to rush, on the
had no part in such provocation. occasion of great perils, to the rescue of
those close to them by ties of blood.
NOTES:
 Here, the provocation by the person attacked PARAGRAPH 3:
need not be sufficient. DEFENSE OF STRANGER

 BUT, the provocation should NOT emanate ELEMENTS: U R N

from the offender. 1. Unlawful aggression;
2. Reasonable necessity of the means
 The clause “in case the provocation was employed to prevent or repel it; and
given by the person attacked” used in stating 3. Person defending be NOT induced by
the third requisite of defense of relatives, revenge, resentment or other evil motive.
does NOT mean that the relative defended
should give provocation to the aggressor. Rationale: The ordinary man would not stand
The clause merely states an event which idly and see his companion killed without
may or may not happen (Reyes, p. 208). attempting to save his life. What one may do in
his defense, another may do for him.
 As long as the three requisites for defense of
relatives are present, there will still be a NOTES:
legitimate defense even if the person  Stranger is any person not included in the
defending is motivated by revenge, enumeration of relatives in Paragraph 2.
resentment, or evil motive (Reyes, p. 209).
 The defense of stranger must be actuated by
NOTE HOWEVER: In People vs. Toring disinterested or generous motive.
(October 26, 1990), the accused raised
“defense of relative,” but the SC misapplied  The third requisite would be lacking if such
the last requisite of a “defense of stranger” – person was prompted by his grudge against
person defending be not induced by revenge, the assailant, because the alleged defense of
resentment or other evil motive. the stranger would be only a pretext.

Scope of “Relatives”: S A D Le R  Furnishing a weapon to one in serious

1. Spouse; danger of being throttled is defense of
2. Ascendants; stranger.
3. Descendants;
4. Legitimate, natural or adopted brothers
and sisters, or relatives by affinity in the
same degrees; and
5. Relatives by consanguinity within the
fourth civil degree.

21
 PARAGRAPH 4: FULFILLMENT OF DUTY
STATE OF NECESSITY
 Accused must prove that he was duly
“Any person who, in order to avoid an evil or appointed to the position claimed he was
injury, does an act which causes damage to discharging at the time of the commission of
another, provided that the requisites are the offense.
present” (Par. 4, Article 11).
 The public officer acting in the fulfillment of a
REQUISITES: E I No duty may appear to be an aggressor but his
1. Evil sought to be avoided actually exists; aggression is not unlawful, it being
2. The injury feared is greater than that done to necessary to fulfill his duty (People v. De
avoid it; and Lima; December 22, 1922).
3. There is no other practical and less harmful
means of preventing it.  Although an officer in making a lawful arrest
is justified in using such force as is
NOTES: reasonably necessary to secure or detain the
 “Damage to another” covers injury to offender, overcome his resistance, prevent
persons and damage to property. his escape, recapture him if he escapes, and
protect himself from bodily harm, yet he is
 The evil must actually exist. If the evil sought never justified in using unnecessary force or
to be avoided is merely expected or in treating him with wanton violence, or in
anticipated or may happen in the future, resorting to dangerous means when the
Article 11, par. 4 does NOT apply. arrest could be effected otherwise (People
vs. Oanis; July 27, 1943).
 Although as a rule, there is no civil liability in
justifying circumstances, par. 4, Article 11 is LAWFUL EXERCISE OF RIGHT OR OFFICE
an exception – it is only in this provision
where civil liability exists. Such civil liability is RIGHT
borne by the person benefited.  The doctrine of self-help applies.
The civil liability is proportionate to the extent DOCTRINE OF SELF-HELP
of the benefit received (Article 101, RPC). The owner or lawful possessor of a thing has
the right to exclude any person from the
 The greater evil should NOT be brought enjoyment and disposal thereof. For this
about by the negligence or imprudence of or purpose, he may use such force as may be
violation of law or willful inaction by the actor necessary to repel or prevent an actual or
(Ty vs. People; October 30, 1996). threatened unlawful physical invasion or
usurpation of his property (Art. 429, NCC).
 It applies to physician saving the life of the
mother but sacrificed the life of the unborn (a) If it is a mere disturbance of possession,
child. force may be used against it at any time
as long as it continues, even beyond the
PARAGRAPH 5: prescriptive period for an action of
FULFILLMENT OF DUTY OR LAWFUL forcible entry.
EXERCISE OF RIGHT OR OFFICE
(b) If the invasion consists of real
REQUISITES: PLa N dispossession, force to regain
1. The accused acted in the performance of a possession can be used only
duty or in the lawful exercise of a right or immediately after the dispossession.
office; and
2. The injury caused or the offense committed (c) If the property is immovable, there
is the necessary consequence of the due should be no delay in the use of force to
performance of duty or the lawful exercise of recover it.
such right or office (Article 11, par. 5).
OFFICE

22
 A surgeon who amputated the leg of a ARTICLE 12:
patient to save him from gangrene is not EXEMPTING CIRCUMSTANCES
liable for mutilation, because he was acting
in the lawful exercise of his office. Exempting circumstances are grounds for
exemption from punishment because there is
 The executioner in the Bilibid Prison is also wanting in the agent of the crime of any of the
not liable for murder. conditions which make the act voluntary or
negligent. In exempting circumstances, the crime
Paragraph 6: is committed but no criminal liability arises.
OBEDIENCE TO AN ORDER
 There is a crime committed.
REQUISITES: Or Pu M  But, there is NO criminal liability.
1. An order has been issued by a superior;  There is only civil liability.
2. Such order must be for some lawful purpose;
and Exempting Circumstances: I M A I – U I
3. The means used by the subordinate to carry 1. Imbecility or Insanity (Par. 1);
out said order is lawful. 2. Minority (Pars. 2 & 3);
3. Accident (Par. 4);
NOTES: 4. Irresistible Force (Par. 5);
 Both the person who gives the order and the 5. Uncontrollable Fear (Par. 6); and
person who executes it must be acting within 6. Insuperable Cause (Par. 7).
the limitations prescribed by law (People vs.
Wilson; March 7, 1929). Basis: The exemption from punishment is based
on the complete absence of intelligence, freedom
 When the order is not for a lawful purpose, of action, or intent, or on the absence of
the subordinate who obeyed it is criminally negligence on the part of the accused.
liable.
Justifying vs. Exempting Circumstances
HOWEVER, the subordinate is NOT liable for
JUSTIFYING EXEMPTING
carrying out an illegal order if:
(a) He is not aware of the illegality of the It affects the act, not It affects the actor, not
order; and, the actor. the act.
(b) He is not negligent. The act is considered The act is actually
to have been done wrongful but the actor
within the bounds of is not liable.
law; hence, it is
legitimate and lawful
in the eyes of the
law.
Since the act is Since the act is
considered lawful, actually wrong, there
there is no crime. is a crime. But, since
the actor acted
without voluntariness,
there is no dolo or
culpa.
Since there is no Since there is a crime
crime or criminal, committed though
there is no criminal there is no criminal
liability nor civil liability, there is civil
liability. liability (except as to
Art. 12, pars. 4 & 7).

23
 PARAGRAPH 1: mental capacity of the
IMBECILITY OR INSANITY accused is restored to
afford him a fair trial,
“An imbecile or an insane person, unless the and accused is
latter has acted during a lucid interval” committed to a
hospital.
NOTE: When the imbecile or an insane person After judgment or Execution of
has committed an act which the law defines as a while serving judgment is
felony (delito), the court shall order his sentence suspended and the
confinement in one of the hospitals or asylums accused is committed
established for persons thus afflicted, which he to a hospital. The
shall not be permitted to leave without first period of confinement
obtaining the permission of the same court. in the hospital is
counted for the
Basis: There is complete lack of intelligence. purpose of the
prescription of the
IMBECILITY penalty.

Imbecility subsists where a person who, while SCOPE OF INSANITY:

advanced in age, has a mental development  Somnambulism or sleepwalking, where the
comparable to that of children between two and acts of person are automatic, is embraced in
seven years of age. insanity (People vs. Gimena; February 6,
1931).
NOTE: An imbecile is exempt in ALL cases from
criminal liability.  Committing a crime while in a dream may be
embraced in insanity (People v. Taneo;
INSANITY March 31, 1933).

Insanity is complete deprivation of intelligence,  Temporary insanity caused by malignant

reason, discernment, or free will in the malaria is exempting (El Pueblo de Filipinas
commission of the act. contra Lacena; January 15, 1940).

NOTES:  Dementia praecox is an irresistible

 An insane person is NOT exempt from homicidal impulse. It may be exempting
liability if it is shown that he acted during (People vs. Bonoan; February 17, 1937).
lucid interval.
 Epilepsy may be covered by the term
 There must be a complete deprivation of “insanity.” A fit of epilepsy may be
intelligence or reason and freedom of will at considered as insanity, provided that the
the time of the commission of the act, or that same occurred before or during the
the accused acted without the least commission of the crime (People vs. Mancao
discernment (People vs. Ambal; October 17, & Aguilar; January 20, 1927).
1980).
 Schizophrenia may be exempting, provided
 Insanity, to be exempting, must exist at the that it completely deprives the accused of
time of the commission of the felony. freedom of will, reason and discernment
(People v. Austria; July 31, 1996).
TIME OF INSANITY EFFECT ON
CRIMINAL LIABILITY The following are NOT recognized as insanity
in Philippine jurisdiction:
At the time of the Exempt
commission of felony
 Kleptomania, in order to be considered an
During the trial Accused is criminally exempting circumstance, must be deemed
liable, but trial will be an “irresistible impulse,” due to one’s “mental
suspended until the disease or mental defect when the accused

24
 has been deprived of or has lost the power of (b) test of VOLITON – total deprivation of
his will,” as investigated by a competent freedom of will
psychiatrist (Reyes, supra., p. 221-222; see
also People vs. Bonoan; February 17, 1937). PARAGRAPHS 2 & 3 (repealed):
MINORITY (under R.A. 9344)
Kleptomania, if it only diminishes willpower,
is merely mitigating (Reyes, id.). Basis: There is lack of intelligence.

 Mere abnormality in the mental faculties is R.A. 9344 (Juvenile Justice and Welfare Act)
not insanity (People vs. Aragon; August 4, impliedly repealed pars. 2 and 3, Article 12.
1988).
PERIODS OF CRIMINAL RESPONSIBILITY
 Mere weakness of the mind or mental
faculties is not insanity (People vs. Ambal;
October 17, 1980). ABSOLUTE 15 years and below
Irresponsibility (under R.A. 9344)
 Feeblemindedness is not insanity (nor an CONDITIONAL Between 15 and 18
exempting circumstance in general), Exemption years of age
because the offender could distinguish right FULL Responsibility 18 years or over to
from wrong. An imbecile or an insane person 70 years of age
cannot distinguish right from wrong (People MITIGATED 15 or over but less
vs. Nuñez; July 23, 1997). Responsibility than 18 years, and
over 70 years.
 Pedophilia is not insanity (People vs. Diaz;
January 28, 1998).
CHILD IN CONFLICT WITH THE LAW
It refers to a child who is alleged as, accused of,
 Insanity brought about by intoxication is
or adjudged as, having committed an offense
NOT exempting (People vs. Tabugoca;
under Philippine laws (Sec. 4(e), R.A. 9344).
January 28, 1998).
MINIMUM AGE OF CRIMINAL LIABILITY
 Amnesia is not insanity (People v. (Section 6, R.A. 9344):
Tabugoca; January 28, 1998). 1. A child of 15 years of age or under at the
time of commission of offense shall be
 Eccentricity or abnormality of behavior is EXEMPTED from criminal liability.
NOT insanity (People v. Magallano; October
30, 1980). The child shall be subjected to an
intervention program pursuant to Sec. 20.
Imbecility vs. Insanity
INSANITY IMBECILITY The child referred herein shall be released to
It is a temporary It is permanent. the custody of his/her parents or guardian, or
ailment. in the absence thereof, the child’s nearest
relative.
It is not continuous. It is continuous.
It exempts the It exempts the If the parents, guardians or nearest relatives
accused from criminal accused from cannot be located or if they refuse to take
liability, unless he criminal liability at all custody, the child shall be released to a duly
commits the crime times. registered non-governmental or religious
during a lucid interval. organization, a barangay official or a member
of the Barangay Council for the Protection of
Children or when appropriate, DSWD.
Tests of insanity
(a) test of COGNITION – complete If the child referred herein is found to be
deprivation of intelligence in committing abandoned, neglected or abused by his
the crime. parents or in the event that the parents will
not comply with the prevention program, the

25
 DSWD will file the petition for involuntary  Section 33, R.A. 9344 provides that the
commitment pursuant to “The Child and prosecutor shall conduct a preliminary
Youth Welfare Code.” investigation and file information upon
determination of probable cause in the
2. A child above 15 years but below 18 years following instances:
of age shall likewise be EXEMPTED from
criminal liability and be subjected to (a) When the child in conflict with the law
intervention program pursuant to Section 20, does not qualify for diversion;
UNLESS he/she has acted with discernment. (b) When the child, his/her parents or
guardian does not agree with diversion;
If the child referred herein acted with or
discernment, he/she shall undergo diversion (c) Upon determination by the prosecutors
programs without undergoing court that diversion is not appropriate for the
proceedings subject to the following child in conflict with the law.
conditions pursuant to Section 23:
 The child can be subjected to criminal
(a) Where the imposable penalty is not more prosecution when there is a refusal to be
than 6 years of imprisonment, the subjected to reformation or when there is
Punong Barangay or law enforcement failure to reform the child.
officer shall conduct mediation, family
conferencing and conciliation; PRESUMPTION OF MINORITY:
(b) Where the imposable penalty exceeds 6 The child in conflict with the law shall enjoy the
years imprisonment, diversion measures presumption of minority until he/she is proven to
may be resorted to by the court only. be 18 years old or older as provided by Section
7, R.A. 9344.
3. Persons below eighteen years of age shall
be exempt from criminal prosecution for
sniffing rugby under P.D. No. 1619, such
being inconsistent with the United Nation’s
Convention on the Rights of the Child;
provided that said persons shall undergo
appropriate counseling and treatment
program.

DISCERNMENT
It refers to the mental capacity of a minor to
understand the difference between right and
wrong and fully appreciate the consequences of
his unlawful act.

It may be shown by (1) the manner the crime

was committed, or (2) the conduct of the offender
after its commission.

Age Discernment Exemption

15 and below Immaterial Yes
Over 15 but Without Yes
not over 18 With No

NOTES:
 The exemption from criminal liability herein
established does NOT include exemption
from civil liability, which shall be enforced in
accordance with existing laws.

26
DETERMINATION OF AGE EXEMPTION FROM CRIMINAL LIABILITY
General Rule: The age of a child may be General Rule: A child in conflict of the law is
determined from – exempt from any criminal liability if he did not act
(a) Birth certificate; with discernment.
(b) Baptismal certificate; or
(c) Any other pertinent documents. EXCEPTIONS: A person below 18 years of age
shall be exempt from prosecution, whether he
EXCEPTIONS: In the absence thereof, age may acted with discernment or not, of: P M S
be based on information from –
(a) The child himself/herself; (a) Prostitution (Article 202, RPC);
(b) Testimonies of other persons; (b) Mendicancy (P.D. 1563); and
(c) Physical appearance of the child; and (c) Sniffing rugby (P.D. 1619), provided that
(d) Other relevant evidence. said persons shall undergo appropriate
counseling and treatment program.
NOTE: Any person alleging the age of the child
in conflict with the law has the burden of proving PARAGRAPH 4:
the age of the child. ACCIDENT

 If the age is contested PRIOR to the filing of “Any person who, while performing a lawful
the information in court, a case for act with due care, causes an injury by mere
determination of age under summary accident without fault or intention of causing
proceeding may be filed before the Family it” (Article 12, par. 4)
Court which shall render its decision within
24 hours from receipt of pleadings. ELEMENTS: La D A W
1. A person is performing a lawful act;
AUTOMATIC SUSPENSION OF SENTENCE 2. With due care;
(Section 38, R.A. 9344): 3. He causes an injury to another by mere
accident; and
Once the child who is under 18 years of age at 4. Without fault or intention of causing it.
the time of the commission of the offense is
found guilty of the offense charged, the court Basis: Accused lacks negligence and intent.
shall determine and ascertain any civil liability
which may have resulted from the offense ACCIDENT
committed. However, instead of pronouncing the An accident is something that happens outside
judgment of the conviction, the court shall place the sway of our will, and although it comes about
the child in conflict with law under suspended through some act of our will, lies beyond the
sentence, without need of application and bounds of humanly foreseeable consequences
impose the appropriate disposition measures as (Reyes, supra., p. 231).
provided in the Supreme Court.
NOTE: An accident presupposes lack of
 Suspension of sentence shall still be applied intention to commit the wrong done.
even if the juvenile is already 18 years of
age or more at the time of the PARAGRAPH 5:
pronouncement of guilt. IRRESISTIBLE FORCE
Upon recommendation of the social worker who
“Any person who act under the compulsion
has custody of the child, the court shall order the
of irresistible force”
final discharge of the child. The discharge of the
child in conflict with the law shall not affect the
IRRESISTIBLE FORCE
civil liability resulting from the commission of the
It means that the offender used violence or
offense.
physical force to compel another to commit a
crime.

Basis: There is complete absence of freedom or

voluntariness.

27
ELEMENTS: P I T  A threat of future injury is not enough
1. Compulsion is by means of physical force. (People vs. Anod; August 25, 2009).
2. The physical force must be irresistible; and
3. Physical force must come from a third Irresistible Force vs. Uncontrollable Fear
person.
IRRESISTIBLE UNCONTROLLABLE
FORCE FEAR
NOTES:
 Passion and obfuscation cannot amount to Offender uses violence Offender employs
irresistible force. or physical force to intimidation or threat
compel another person in compelling another
 The force must be irresistible to reduce the to commit crime. to commit crime.
actor to a mere instrument who acts not only Irresistible force must Intimidation or threat
without will but against his will. The duress, be made directly may be directed to a
force, fear or intimidation must be present, against the person of third person (e.g. life
imminent and impending and of such nature the accused. of daughter).
as to induce a well-grounded apprehension Injury feared may be of The evil feared must
of death or serious bodily harm if the act is lesser degree than the be greater or at least
not done. A threat of future injury is NOT damage caused by the equal to the damage
enough. The compulsion must be of such a accused. caused to avoid it.
character as to leave no opportunity to the
accused for escape or self-defense in equal
combat (People vs. Loreno; July 9, 1984). PARAGRAPH 7:
PREVENTED BY SOME LAWFUL OR
INSUPERABLE CAUSE
PARAGRAPH 6:
UNCONTROLLABLE FEAR
“Any person who fails to perform an act
required by law, when prevented by some
“Any person who acts under the impulse of
lawful insuperable cause”
an uncontrollable fear of an equal or greater
injury” (Article 12, par. 6)
Basis: Accused acts without intent.
UNCONTROLLABLE FEAR
ELEMENTS: A F – LI
It means that the offender employs intimidation
1. An act is required by law to be done;
or threat in compelling another to commit a
2. A person fails to perform such act; and
crime. The compulsion is by means of
3. His failure to perform such act was due to
intimidation or threat, NOT force or violence.
some lawful or insuperable cause.
Basis: Complete absence of freedom. “Actus me
“Insuperable” means “impossible to overcome.”
invito factus non est meus actus” (An act done by
me against my will is not my act).
Examples:
1. A person arrested must be delivered to the
ELEMENTS: G Evil
nearest judicial authority at most within
1. The threat which causes the fear is of an evil
eighteen (18) hours. The distance which
greater than, or at least equal to, that which
required a journey for three days was
he is required to commit; and
considered an insuperable cause.
2. It promises an evil of such gravity and
imminence that the ordinary man would have
2. The municipal president detained the
succumbed to it.
offended party for three days because to
take him to the nearest justice of the peace
NOTES:
required a journey for three days by boat as
 Duress as a valid defense should be based there was no other means of transportation
on real, imminent, or reasonable fear for (U.S. vs. Vicentillo; March 18, 1911).
one’s life or limb and should not be
speculative, fanciful or remote fear (People 3. A mother who at the time of child birth was
vs. Quilloy; January 10, 1951). overcome by severe dizziness and extreme

28
 debility, and left the child in a thicket where a person who is not means for the purpose
said child died is not liable for infanticide, minded to commit a of capturing the
because it was physically impossible for her crime and would not lawbreaker in flagrante
to take home the child (People vs. Bandian; otherwise commit it, delicto.
September 30, 1936). into committing the
crime.
ABSOLUTORY CAUSES This circumstance This circumstance is
absolves the no bar to prosecution
These are causes where the act committed is a accused from and conviction of the
crime but for reasons of public policy and criminal liability. lawbreaker.
sentiment there is no penalty imposed.

EXAMPLES:
1. Spontaneous desistance (Article 6);
2. Where an accessory is exempt from criminal
liability under Article 20;
3. Death or physical injuries under exceptional
circumstance pursuant to Article 247;
4. Where a person is exempt from criminal
liability for theft, swindling or malicious
mischief by relationship to the offended party
under Article 332;

5. INSTIGATION
It is where the actor otherwise innocent, was
induced by the public officer to commit the
crime such that the latter himself becomes a
principal by inducement or by indispensable
cooperation.

NOTES:
 Instigation must be made by public
officers or private detectives.

 If the one who made the instigation is a

private individual, not performing public
function, both he and the one induced
are criminally liable for the crime
committed.

 Entrapment is NOT an absolutory cause

(People vs. Marcos; May 8, 1990).

Instigation vs. Entrapment

INSTIGATION ENTRAPMENT
The idea and design The criminal design
to bring about the originates from and is
commission of the already in the mind of
crime originated and the lawbreaker even
developed in the before entrapment.
mind of the law
enforcers.
The law enforcers The law enforcers
induce, lure or incite resort to ways and

29
 ARTICLE 13: Justifying and Exempting circumstances
MITIGATING CIRCUMSTANCES which may give rise to mitigation:

Mitigating Circumstances are those which, if 1. Self-defense;

present in the commission of the crime, do not 2. Defense of relative;
entirely free the actor from criminal liability, but 3. Defense of stranger;
serve only to reduce the penalty. 4. State of necessity;
5. Performance of duty
Rationale: There is diminution of either freedom 6. Obedience to order of superior;
of action, intelligence, or intent, or on the lesser 7. Minority over 15 and under 18 years;
perversity of the offender. 8. Accident;
9. Uncontrollable fear.
CLASSES:
(a) Ordinary (Those enumerated in Article 13, EXCEPTION:
paragraphs 3 to 10); Article 12, par. 1 (imbecility and insanity) and
par. 2 (minority – 15 years old and below)
NOTE: Two or more OMCs equal one CANNOT give place to mitigation, because the
privileged MC (Article 64). mental condition of a person is indivisible – there
is no middle ground between sanity and insanity,
(b) Privileged (Articles 64, 68, & 69); and between presence and absence of intelligence
(c) Specific (It applies to specific felonies, e.g. (Decs. of Sup. Ct. of Spain of December 19,
concealment of dishonor in intentional 1901 and of October 3, 1884).
abortion and infanticide).
NOTE: This mitigating circumstance applies
Ordinary vs. Privileged when not all the requisites are present. If two
requisites are present, it is a privilegedmitigating
ORDINARY PRIVILEGED circumstance.
It can be offset by an It cannot be offset by
aggravating any aggravating INCOMPLETE
circumstance. circumstance. NOTES
CIRCUMSTANCES
If it is not offset, it will It operates to reduce 1. Self-defense “Unlawful aggression”
operate to reduce the the penalty to one or 2. Defense of MUST be present, it
penalty to the two degrees relative being an indispensible
minimum period, depending upon what 3. Defense of requisite.
provided the penalty the law provides. stranger
is divisible. If only “U” is present,
there is only an OMC
NOTE: Mitigating circumstances which arise (1) (generic).
from the moral attributes of the offender, or (2)
from his private relations with the offended party, If there is “U” plus any
or from any other personal cause, shall only of the other two
serve to mitigate the liability of the principals, requisites, there is
accomplices, and accessories as to whom the PMC (see Article 69).
circumstances are attendant (Article 62, par. 3). 4. Avoidance of If any of the last two
greater evil or requisites is absent,
Paragraph 1: injury there is only a
INCOMPLETE JUSTIFYING OR mitigating
EXEMPTING CIRCUMSTANCES circumstance.
5. Performance of Presence of only one
“Those mentioned in the preceding chapter, a duty or lawful requisite is a PMC
when all the requisites necessary to justify or exercise of right because it only has
to exempt from criminal liability in the or office; and two requisites.
respective cases are not attendant” (Article 6. Obedience to
13, par. 1, RPC). order

30
 7. Accident If the requisites of (1) penalty (NOTE: The
due care, and (2) imposition of the death
NOTE: Since without fault are penalty is prohibited by
this has four (4) absent, the case will law per R.A. 9346).
requisites, Atty. fall under Article 365.
Ticman opined NOTE: The age of the accused at the time of the
that only two (2) Ergo, there is MC commission of the crime, NOT the age at the
requisites are because the penalty is time of trial, should be determined for purposes
needed to be lower than that provide of this mitigating circumstance.
proven to be a for intentional felony.
MC. DISCERNMENT
If the requisites of (1) It means the capacity of the child of the offense
lawful act and (2) to understand the differences between right and
without intention are wrong and the consequences of the wrongful act.
absent, it will be an
intentional felony.  The determination of discernment shall take
8. Uncontrollable If only one requisite is into account the ability of the child to
fear present, there is only a understand the moral and psychological
mitigating components of criminal responsibility and the
circumstance. consequences of the wrongful act; and
whether the child can be held responsible for
Paragraph 2: essentially antisocial behavior.
AGE OF MITIGATED RESPONSIBILITY
 Discernment may be shown by (a) the
Basis: There is diminution of intelligence – a manner the crime was committed, or (b) the
condition of voluntariness. conduct of the offender after its commission.

LEGAL EFFECTS OF OFFENDER’S AGE DISCERNMENT INTENT

It refers to the moral It refers to the
AGE EFFECT
significance that a desired act of the
15 years and below Absolute exemption person ascribes to person.
from criminal liability, the said act.
with or without
discernment PRESUMPTION OF MINORITY
Over 15 but under (a) Exempting, if minor The CICL shall enjoy the presumption of minority
18 years of age acted without and shall enjoy all the rights of a CICL until
discernment proven to be 18 years old or older at the time of
(Presence of (b) Mitigating, if minor the commission of the offense.
discernment is acted with
considered.) discernment (the In case of doubt as to the age of the child, it shall
penalty will be be resolved in his/her favor (Sec. 7, R.A. 9344).
reduced by one
degree lower than Paragraph 3:
that imposed NO INTENTION TO COMMIT
(Section 68, par.2, SO GRAVE A WRONG
R.A. 9344)
Minor delinquent Sentenced suspended “That the offender had no intention to commit
under 18 years (amended by R.A. so grave a wrong as that committed” (Article
9344) 13, par. 3)
Over 18 years and Full criminal Basis: Intent, an element of voluntariness in
below 70 years responsibility intentional felony, is diminished.
70 years or over Generic MC; No
(Senility) imposition of death RULES FOR APPLICATION:

31
(a) This can be taken into account ONLY when
the facts proven show that there is a notable Basis: Intelligence and intent are diminished.
and evident disproportion between the
means employed to execute the criminal act REQUISITES: S OR I
and its consequence. 1. The provocation/threat must be sufficient;
2. It must originate from offended party; and
(b) It is applicable ONLY to offenses resulting to 3. The provocation/threatimmediately preceded
physical injuries or material harm. the act (i.e. the commission of the crime by
the person who is provoked).
HENCE, this is not appreciated in cases of
oral defamation. NOTES:
 PROVOCATION
(c) It is NOT applicable to felonies where It is any unjust or improper conduct or act of
intention is immaterial. the offended party, capable of exciting,
inciting, or irritating anyone.
HENCE, it will NOT apply to felonies by
negligence because in felonies through  SUFFICIENT PROVOCATION
negligence, there is no intent on the part of It subsists where it is adequate to excite a
the offender which may be considered. person to commit the wrong and must be
accordingly proportionate to its gravity.
NOTES:
 Intention, being an internal state, must be As to whether or not a provocation is
judged by external acts. sufficient depends upon the act constituting
the provocation, the social standing of the
 It is the intention of the offender at the person provoked, the place and the time
particular moment when he executes or when the provocation was made.
commits the criminal act, not his intention in
the planning stage, which must be  The threat should NOT be offensive and
considered. positively strong, because if it is, the threat to
inflict real injury is an unlawful aggression
 It is appreciated in murder qualified by which may give rise to self-defense.
circumstances based on manner of
commission, not on the state of mind of the  Provocation must be immediate to the
accused. commission of the crime. When there is an
interval of time between the provocation and
 It is not appreciated in murder qualified by the commission of the crime, the conduct of
treachery. the offended party could not have excited the
accused to the commission of the crime, he
 In crimes involvingpersons who do not die as having had time to regain his reason and
a result of the assault, the absence of the exercise of self-control.
intent to kill reduces the felony to mere
physical injuries, but it does not constitute a  Provocation should also be proportionate to
mitigating circumstance under Article 13, the damage caused by the act and adequate
paragraph 3(People vs. Galacgac; C.A. 54 to stir one to its commission (People vs.
O.G. 1207). Lopez; November 15, 2000).

 This is not applicable when the offender  The threat should NOT be offensive and
employed brute force. positively strong because, if it is, the threat to
inflict real injury is an unlawful aggression
Paragraph 4: which may give rise to self-defense(U.S. v.
PROVOCATION OR THREAT Guysayco; 13 Phil. 292).

“That sufficient provocation or threat on the  Vague threats are NOT sufficient to warrant
part of the offended party immediately a mitigating circumstance (e.g. “Beware.”)
preceded the act” (Article 13, par. 4)

32
 Paragraph 5:
VINDICATION OF GRAVE OFFENSE Provocation vs. Vindication
PROVOCATION VINDICATION
“That the act was committed in the immediate
It is made directly to Grave offense may
vindication of a grave offense to the one
the person committing be committed against
committing the felony (delito), his spouse,
the felony. the relatives of the
ascendants, or relatives by affinity within the
offender.
same degrees” (Article 13, par. 5)
The cause that The offended party
Basis: It concerns the honor of a person, an brought about the must have done a
offense which is more worthy of consideration provocation need not grave offense to the
than mere spite against one giving a provocation be a grave offense. offender or his
or threat. relatives.
It must immediately Vindication may be
 There is diminution of conditions of precede the act, i.e. proximate (which
voluntariness. there can be no admits an interval of
interval of time time between the
REQUISITES: Gra Vin between provocation grave offense done
1. There be a grave offense done to the one and the commission of by the offended party
committing the felony, his spouse, the crime. and the commission
ascendants, descendants, legitimate, natural of the crime by the
or adopted brothers or sisters, or relatives by accused).
affinity within the same degrees; and NOTE: There is greater leniency in
2. The felony is committed in immediate “vindication” due to the fat that it concerns the
vindication of such grave offense honor of the person – an offense against which
is more worthy of consideration than mere spite
NOTES: against the one giving provocation or threat.
 The Spanish text provides “proxima.” Hence,
“immediate” allows a lapse of time between
Paragraph 6:
the vindication and the doing of the grave
PASSION OR OBFUSCATION
offense.

A lapse of time is allowed between the grave “That of having acted upon an impulse so
offense and the vindication. Although the powerful as naturally to have produced
grave offense, which engendered passion or obfuscation” (Article 13, par. 6)
perturbation of mind, was not so immediate,
it was held that the influence thereof, by Basis: Intelligence and intent are diminished.
reason of its gravity and the circumstances
under which it was inflicted, lasted until the
moment crime was committed (People vs. REQUISITES: Im Powerful
Parana; March 31, 1937). 1. The accused acted upon an impulse;
2. The impulse must be so powerful that it
 “Grave offense” includes any act that is naturally produced passion or obfuscation in
offensive to the offender or his relatives and him.
the same need not be unlawful.
FURTHER REQUISITES:
The question of whether or not a certain 1. There is an act, both unlawfulAND sufficient
personal offense is grave must be decided to produce such a condition of mind; and
by the court, having in mind (1) the social 2. Said act which produced the obfuscation was
standing of the person, (2) the place, and (3) not far removed from the commission of the
the time when the insult was made (People crime by a considerable length of time,
vs. Ruiz; October 30, 1979). during which the perpetrator might recover
his normal equanimity (People vs. Cuasay;
October 17, 2008).
 Vindication is incompatible with passion or
obfuscation.
NOTES:

33
 The word “obfuscation” comes the Latin There is no physical It requires physical
word obfuscatio from obfuscāre which means force; hence, it cannot force.
"to darken". give rise to irresistible
force.
 Passion or obfuscation may constitute a It is in the offender It must come from
mitigating circumstance ONLY when the himself. a third person.
same arose from lawful sentiments.
It must arise from lawful It arises from
 Even if there is actually passion or sentiments. unlawful
sentiments.
obfuscation on the part of the offender, there
is no mitigating circumstance when:
(a) Act is committed in a spirit of Paragraph 7:
lawlessness; or VOLUNTARY SURRENDER AND
(b) Act is committed in a spirit of revenge. CONFESSION OF GUILT

 Exercise of a right or fulfillment of duty is not “That the offender had voluntarily
proper source of passion or obfuscation. surrendered himself to a person in authority
or his agents, or that he had voluntarily
 The cause producing passion or obfuscation confessed his guilt before the court prior to
must come from the offended party. the presentation of the evidence for the
prosecution” (Article 13, par. 7)
 It is compatible with lack of intention to
commit so grave a wrong. Two generic mitigating circumstances:
1. Voluntary surrender to a person in authority
 Passion or obfuscation is or his agents; and
INCOMPATIBLEwith: 2. Voluntary confession of guilt before the court
(a) Vindication of grave offense; prior to the presentation of evidence of the
(b) Treachery; and prosecution.
(c) Evident premeditation.
NOTE: When BOTH are present they should
Passion/Obfuscation vs. Provocation have the effect of mitigating the penalty as two
independent circumstances(People vs. Fontabla;
PASSION/OBFUSCATION PROVOCATION July 5, 1935).
It is produced by an It comes from the
impulse which may be injured party. VOLUNTARY SURRENDER
caused by provocation.
The offense which causes Provocation must Basis: There is lesser perversity.
perturbation of mind need immediately
not be immediate. It is only precede the REQUISITES: No Sur Vo N
required that the influence crime. 1. Offender had NOT been actually arrested;
thereof lasts until the 2. The offender surrenders himself to a person
moment the crime is in authority or to the latter’s agent.
committed. 3. The surrender was voluntary.
The effect is loss of reason and self-control on 4. There is no pending warrant of arrest or
the part of the offender. information filed(People v. Taraya; October
27, 2000) (Exception:De Vera vs. De Vera)
NOTE: If obfuscation and provocation arose
from one and the same act, both shall be “Person in authority” is one directly vested
treated as only one mitigating circumstance. with jurisdiction, i.e. a public officer who has
the power to govern and execute the laws
Passion/Obfuscation vs. Irresistible Force whether as an individual or as a member of
PASSION OR IRRESISTIBLE some court or governmental corporation,
OBFUSCATION FORCE board or commission.
Mitigating Exempting

34
 “Agent of a person in authority” is a  When the offender imposed a condition or
person, who, by direct provision of the law or acted with external stimulus, his surrender is
by election or by appointment by competent not voluntary.
authority, is charged with the maintenance of
public order and the protection and security VOLUNTARY PLEA OF GUILTY
of life and property and any person who
comes to the aid of persons in authority. REQUISITES: SOPO
1. The offender spontaneously (voluntary; not
NOTES: conditional) confessed his guilt;
 For the mitigating circumstance of voluntary 2. The confession of guilt was made in open
surrender to be appreciated, the surrender court, that is, before the competent court that
must be spontaneous and in a manner that is to try the case;
shows that the accused made an 3. The confession of guilt was made prior to the
unconditional surrender to the authorities, presentation of evidence for the prosecution;
either based on recognition of guilt or from and
the desire to save the authorities from the 4. The confession is to the offense charged in
trouble and expenses that would be involved the information, not to a different offense
in the search and capture of the accused. (People vs. Dawaton).
Moreover, it is imperative that the accused
was not actually arrested, the surrender is NOTES:
before a person in authority or an agent of a  It must be made before trial begins and at
person in authority, and the surrender was the first instance or original state, NOT
voluntary(People vs. Badriago; May 8, 2009). during a trial de novo or on appeal.
 When the warrant of arrest had not been Plea of guilty in the CFI (RTC) in a case
served or not returned unserved, the appealed from the Municipal Trial Court is
surrender is mitigating. not mitigating, because the plea of guilty
must be made at the first opportunity, that is,
 The law does not require that the surrender in the Municipal Court(People vs. De La
be prior to the order of arrest. Peña; November 3, 1938).

 Surrender of weapons CANNOT be equated  Plea made after arraignment and after trial
with voluntary surrender. has begun does NOT entitle accused to this
mitigating circumstance.
 Voluntary surrender does not simply mean
non-flight. It is not required that the accused  Withdrawal of plea of not guilty and pleading
did not escape or went into hiding. guilty before presentation of evidence by the
prosecution is still mitigating.
 The surrender must be by reason of the
commission of the crime for which the  A plea of guilty to the amended information is
defendant is prosecuted. accepted.

 Intention to surrender, without actually  A conditional plea of guilty is NOT a

surrendering, is not mitigating. mitigating circumstance.

The accused must actually surrender his own  Plea of guilty to a lesser offense is NOT a
person to the authorities, admitting complicity mitigating circumstance because the plea of
in the crime. His conduct, after the guilt was not to the offense charged.
commission of the crime, must indicate a
desire on his part to own the responsibility for  Where the accused plead guilty to a lesser
the crime (People vs. Flores, 21 CAR 2s, offense that was entirely new information and
417; 1976). no evidence was presented in connection
with the charges made therein before the
accused entered his plea of guilty, the
accused is entitled to the mitigating

35
 circumstance of plea of guilty(People vs. “Such illness of the offender as would
Ortiz; November 29, 1965). diminish the exercise of the will-power of the
offender without however depriving him of
 Where the accused plead guilty to a capital the consciousness of his acts” (Art. 13, par. 9)
offense, that court shall conduct a searching
inquiry into the voluntariness and full Basis: Intelligence and intent are diminished.
comprehension of the consequences of his
plea and shall order the prosecution to prove REQUISITES:Dim–No
his guilt and the precise degree of culpability. 1. The illness of the offender must diminish the
exercise of his will-power;
 Plea of guilty is NOT mitigating in culpable 2. Such illness should NOT deprive the
felonies and crimes under special laws. offender of consciousness of his acts.

Paragraph 8: NOTES:
PHYSICAL DEFECT  It includes illness of the mind not amounting
to insanity.
“That the offender is deaf and dumb, blind or
otherwise suffering some physical defect  If the illness not only diminishes the exercise
which thus restricts his means of action, of the offender’s will power but deprives him
defense, or communications with his fellow of the consciousness of his acts, it becomes
beings” (Article 13, par. 8) an exempting circumstance to be classified
as insanity or imbecility.
Basis: There is diminution of action; therefore, a
diminution of voluntariness. Paragraph 10:
SIMILAR & ANALOGOUS CIRCUMSTANCES
NOTES:
 Physical defect must restrict means of action, Article 13, par. 10 authorizes the court to
defense, or communication with fellow consider in favor of the accused “any other
beings. circumstance of a similar nature and analogous
to those mentioned” in paragraphs 1 to 9.
 Not just any physical defect will affect the
crime. It will only do so if it has some relation EXAMPLES:
to the crime committed. (a) Over 60 years old with failing sight, similar to
over 70 years of age under paragraph 2;
 The physical defect that a person may have (b) Impulse of jealous feeling, similar to passion
must have a relation to the commission of and obfuscation;
the crime. This circumstance must also have (c) Manifestations of battered wife syndrome,
a bearing on the crime committed and must analogous to an illness that diminishes the
depend on how the crime was committed. exercise of will power(People vs. Genosa);
(d) Voluntary restitution of stolen property in
HOWEVER, Atty. Ticman opines that the theft(Canta vs. People) and reimbursement,
provision should be construed in favor of whole or partial, in malversation (Legrama
leniency to the accused. The provision is vs. Sandiganbayan) are similar to voluntary
clear and it does not provide for a surrender and confession of guilt.
qualification that the physical defect should
have some relation to the crime committed. ARTICLE 14:
Rule of lenity should be applied. AGGRAVATING CIRCUMSTANCES

 This paragraph does not distinguish between Aggravating Circumstances are those which, if
educated and uneducated persons with attendant in the commission of the crime, serve
physical defect. to increase the penalty without, however,
exceeding the maximum of the penalty provided
Paragraph 9: by law for the offense.
ILLNESS OF THE OFFENDER

36
Basis: The greater perversity of the offender Example:Evident premeditation is inherent in
manifested in the commission of the felony as robbery, theft, estafa, adultery and
shown by the motivating power itself, the place of concubinage.
commission, the means and ways employed, the
time, or the personal circumstances of the (e) SPECIAL: Those that arise under special
offender or the offended party. conditions to increase the penalty of the
offense(People vs. Palaganas; September
KINDS: 12, 2006).
(a) GENERIC: Those that can generally apply to
all crimes, such as – Examples:
1. Quasi-recidivism (Article 160)
1. Advantage taken of public position; 2. Complex crimes (Article 48)
2. Contempt or insult of public authorities; 3. Those found elsewhere in RPC other
3. Crime committed in the dwelling of the than in Article 14, or in special laws.
offended party;
4. Abuse of confidence or obvious Generic vs. Qualifying
ungratefulness;
GENERIC QUALIFYING
5. Places of commission of offense;
6. Nighttime, uninhabited place, or by a Its effect, if not offset Its effect is not only
band; by any mitigating to give the crime its
7. Recidivism (reincidencia); circumstance, is to proper and exclusive
8. Habituality (reiteracion); increase the penalty name, but also to
9. Craft, fraud or disguise; which should be place the author
10. Unlawful entry; imposed upon the thereof in such a
11. Breaking of parts of the house; or accused to the situation as to
12. Use of persons under 15 years of age. maximum period, but deserve no other
without exceeding the penalty than that
(b) SPECIFIC: Those that apply only to limit prescribed by law. specially prescribed
particular crimes, such as – by law.
It can be offset by a It cannot be offset by
1. Disregard of rank, age or sex of the mitigating a mitigating
offended party; circumstance. circumstance.
2. Abuse of superior strength or means be
employed to weaken the defense; Generic vs. Special
3. Treachery (alevosia);
4. Ignominy; or GENERIC SPECIAL
5. Cruelty. It can be offset by an It cannot be offset by
ordinary mitigating an ordinary mitigating
(c) QUALIFYING: Those that change the nature circumstance. circumstance.
of the crime.
1. Treachery or evident premeditation RULES:
qualifies the killing of a person to murder; 1. Aggravating circumstances, regardless of its
2. Article 248 enumerates the qualifying kind, should be specifically alleged in the
circumstances which qualify the killing of information and proved as fully as the crime
person to murder. itself in order to increase penalty.
Aggravating circumstances are NOT
NOTE: Requisites to be appreciated– presumed.
(a) It must be alleged in the information.
(b) It must be established by proof beyond 2. Aggravating circumstances shall NOT be
reasonable doubt by the prosecution. taken into account for the purpose of
increasing the penalty when:
(d) INHERENT: Those that must of necessity (a) They constitute a crime specifically
accompany the commission of the crime. punishable by law; or
(b) They are included by the law in defining
NOTE: This is no longer appreciated as an a crime and prescribing the penalty
aggravating circumstance. therefor(Article 62, par. 1); or

37
 (c) They are inherent in the crime to such a at the time he voluntarily joined a band of
degree that it must of necessity brigands makes his liability greater for the
accompany the commission thereof reason that he thus failed in his duties as
(Article 62, par. 2). such municipal officer (U.S. vs. Cagayan;
April 17, 1905).
3. Aggravating circumstances which arise (a)
from the moral attributes of the offender, or  It is NOT aggravating where taking
(b) from his private relations with the advantage of official position is made by law
offended party, or (c) from any other an integral element of, or inherent in the
personal cause, shall only serve to aggravate offense, such as in malversation or in
the liability of the principals, accomplices and falsification of document committed by public
accessories as to whom such circumstances officers (Reyes, supra., 353).
are attendant (Article 62, par. 3).
 Article 62, par. 1(a) is a special aggravating
4. Aggravating circumstances which consist (1) circumstance. When, in the commission of
in the material execution of the act, or (2) in the crime, advantage was taken by the
the means employed to accomplish it, shall offender of his public position, the penalty to
serve to aggravate the liability of those be imposed shall be in its maximum
persons only who had knowledge of them at regardless of mitigating circumstances.
the time of the execution of the act or their
cooperation therein(Article 62, par. 4).  If the accused could have perpetrated the
crime even without occupying his position,
5. When there is more than one qualifying there is no abuse of public position. The
aggravating circumstance present, one of mere fact that accused-appellant is
them will be appreciated as qualifying policeman and used his government
aggravating while the others will be issued .38 caliber revolver to kill is not
considered as generic aggravating. sufficient to establish that he misused his
public position in the commission of the
Paragraph 1: crime (People vs. Herrera; December 5,
TAKING ADVANTAGE OF 2001).
PUBLIC POSITION
 It is inherent in case of accessories under
“That advantage be taken by the offender of Article 19, par. 3, and the crimes committed
his public position”(Par. 1, Article 14) by public officers.

Basis: There is greater perversity of the offender  R.A. 7659 provides that crimes committed by
as shown by the personal circumstance of the a public officer will be given the penalty
offender and also by the means used to secure prescribed at its maximum, regardless of the
the commission of the crime. nature and number of mitigating
circumstance.
NOTES:
 The offender must be a public officer. Paragraph 2:
CONTEMPT OR INSULT TO
 The public officer must use the influence, PUBLIC AUTHORITIES
prestige, or ascendancy which his office
gives him as the means by which he realizes “That the crime be committed in contempt or
his purpose (U.S. v. Rodriguez; March 21, with insult to the public authorities” (Par. 2,
1911). Article 14)

 But even if defendant did not abuse his Basis: There is greater perversity of the
office, if it is proven that he has failed in his offender, as shown by his lack of respect for the
duties as such public officer, this public authorities.
circumstance would warrant the aggravation
of his penalty. Thus, the fact that the REQUISITES: EN K Com
defendant was the vice-president of a town

38
1. The public authority is engaged in the  It applies to cases where the victim is of
exercise of his functions; tender age as well as of old age.
2. Such public authority is NOT the person
against whom the crime is committed; (c) SEX
3. The offender knows him to be a public  This refers to the female sex only, not
authority; and the male sex.
4. His presence has not prevented the offender  It is absorbed in treachery.
from committing the criminal act.
NOTES:
NOTES:  There must be a proof of fact of disregard
 A public authority is a public officer who is and deliberate intent to insult the offended
directly vested with jurisdiction and has the party to appreciate the same as an
power to govern and execute laws. aggravating circumstance.

 This is NOT applicable when the crime is  If all the circumstances are present, they
committed in the presence of an agent only. have the weight of ONE aggravating
circumstance only.
 Knowledge that a public authority is present
is essential. That knowledge is important  Disregard of the respect due the offended
because lack of it indicates the lack of party on account of his rank, age, or sex may
intention to insult the public authority. be taken into account ONLY in crimes
against persons or honor, when in the
 If the crime is committed against a public commission of the crime, there is some insult
authority while he is in the performance of his or disrespect to rank, age or sex. It is NOT
official duty, the offender commits direct proper to consider this aggravating
assault without this aggravating circumstance in crimes against
circumstance. property(People vs. Pagal; October 25,
1977).
 A teacher is NOT a public authority as within
the contemplation of Article 14(2) (People vs.  Disregard of old age is NOT aggravating in
Tac-an; February 26, 1990). robbery with homicide, because such crime
is primarily a crime against property and not
Paragraph 3: against persons(People vs. Nabaluna; July
DISREGARD OF RANK, AGE, 7, 1986).
OR SEX, AND DWELLING
 This circumstance is NOT applicable in
Basis: There is greater perversity of the offender certain cases, to wit:
as shown by the personal circumstances of the (a) Offender acted with passion or
offended party and the place of the commission obfuscation;
of the crime. (b) There exists a relationship between the
offended party and the offender; and
(a) Committed with insult or in disregard of (c) The condition of being a woman is
the respect due the offended party on indispensable in the commission of the
account of his RANK, AGE, or SEX crime, such as rape, abduction or
seduction.
The act is committed with insult or in disregard of
the respect due the offended party on account of: (b) Committed in the DWELLING of the
offended party, if latter has not given
(a) RANK provocation
 There must be a difference in the social
condition of the offender and the DWELLING
offended party. It must be a building or structure, exclusively
used for rest and comfort(People vs. Magnaye;
(b) AGE May 30, 1951).

39
 Dwelling includes dependencies, the floor of
the staircase and enclosure under the house.

 If the building where the offense was

committed was NOT entirely for dwelling
purposes, dwelling cannot be appreciated as
an aggravating circumstance (People vs.
Taño; May 5, 2000).

 It requires that the crime be wholly or partly

be committed in the dwelling or in any
integral part thereof.

 It is NOT necessary that the accused should

have actually entered the dwelling of the
victim to commit the offense; it is enough that
the victim was attacked inside his own
house, although the assailant may have
devised means to perpetrate the assault from
without (People v. Ompaid; Jan. 31, 1969).

 An act performed cannot be divided or its

unity be broken up, when the offender began
the aggression in the dwelling of the
offended party and ended it in the street or
outside said dwelling. Dwelling is aggravating
if the victim was taken from his house and
killed just beside his abode although the
offense was not completed therein(People
vs. Uycoque and Villanueva; July 31, 1995).

 Dwelling is NOT included in the qualifying

circumstance of treachery.

This aggravating circumstance is based on:

(a) The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
(b) The violation of the sanctity of the home by
trespassing therein with violence or against
the will of the owner.

40
Rule in case of provocation by the owner: place is his home, the sanctity of which the
When it is the offended party who has provoked law seeks to protect and uphold (People vs.
the incident, he loses his right to the respect and Hilot; October 5, 2000).
consideration due in him in his own house
(People vs. Datu Ambis; September 30, 1939). NOTES:
 Dwelling may mean temporary
 The provocation must be: dwelling(People vs. Badilla; May 21,
(a) Given by the owner of the dwelling; 1990).
(b) Sufficient; and  The Code speaks of “dwelling,” not
(c) Immediate to the commission of crime. domicile (El Pueblo de Filipinas vs.
Basa; May 18, 1949cited in People vs.
 There must be close relation between Balansi; July 19, 1990).
provocation and commission of crime in
dwelling. Paragraph 4:
ABUSE OF CONFIDENCE
When dwelling is NOT an aggravating
circumstance: “That the act be committed with abuse of
confidence or obvious ungratefulness”(Par.
(a) When both offender and offended party are 4, Article 14)
occupants of the same house
Basis: There is greater perversity of the offender
EXCEPTION: In case of adultery in the as shown by the means and ways employed.
conjugal dwelling, the same is aggravating.
HOWEVER, if the paramour also dwells in REQUISITES: T A F
the conjugal dwelling, the applicable 1. Offended party had trusted the offender.
circumstance is abuse of confidence. 2. Offender abused such trust by committing a
crime against the offended party.
(b) When robbery is committed by the use of 3. The abuse of confidence facilitated the
force upon things, dwelling is not aggravating commission of the crime.
because it is inherent.
NOTES:
EXCEPTION: Dwelling is aggravating in  The confidence between the offender and
robbery with violence against or intimidation the offended party must be immediate and
of persons because this class if robbery can personal.
be committed without the necessity of
trespassing of the offended party’s house.  Abuse of confidence is not considered for the
purpose of increasing the penalty because
(c) In the crime of trespass to dwelling, it is they are INHERENT in the following crimes:
inherent or included in the crime. (a) Malversation;
(b) Qualified theft;
(d) When the owner of the dwelling gave (c) Estafa by conversion or
sufficient and immediate provocation. misappropriation, and
(d) Qualified seduction.
(e) When the dwelling where the crime was
committed did not belong to victim, or when
 The ungratefulness must be such clear and
the victim was not a dweller of the house.
manifest ingratitude on the part of the
accused.
HOWEVER, it is NOT necessary under the
law that the victim owns the place where he
 It is NOT a mere betrayal of trust, since the
lives or dwells. It is settled that for dwelling to
offended party must be the one who actually
be appreciated, the victim need not be the
reposed his confidence in the offender.
owner of the dwelling. Regardless of whether
the victim was a lessee, a boarder or a
bedspacer (People v. Daniel; November 20,
1978), or even an invited guest (El Pueblo
de Filipinas vs. Basa; May 18, 1949), the

41
 Paragraph 5  Offender must have decided to commit the
crime when he entered the place of worship.
“That the crime be committed:
(a) In the palace of the Chief Executive;  The place must be exclusively dedicated to
(b) In his presence; public religious worship. Hence, private
(c) Where public authorities are engaged in chapels are not included.
the discharge of their duties; or
(d) In a place dedicated to religious  There must be intention to desecrate the
worship.” (Par. 5, Article 14) place dedicated to public religious worship.

Basis: There is greater perversity of the offender  It is NOT necessary that a religious function
as shown by the place of the commission of the is ongoing to appreciate the circumstance.
crime.
 Cemeteries are NOT considered as places
(a) That the crime be committed in the palace dedicated to the worship of God.
of the chief executive
Paragraph 6:
NOTE: It is NOT necessary that the Chief OBSCURIDAD, DESPOBLADO, and
Executive is in the Malacañan Palace. ENCUADRILLA

(b) In his (Chief Executive) presence Basis: Greater perversity is shown by the time
and place of the commission of the crime and the
NOTE: Actual performance of duties is NOT means and ways employed.
necessary when crime is committed in the palace
or in the presence of Chief Executive. Aggravating circumstances under this
paragraph are considered when:
(c) Where public authorities are engaged in
the discharge of their duties (a) It FACILITATED the commission of the
crime: Because of the darkness of the night,
the crime can be perpetrated unmolested, or
REQUISITES:
interference can be avoided, or there would
1. Crime occurred in the public office;
be greater certainty in attaining the ends of
2. Public authorities are actually performing
the offender (People vs. Matbagon;
their public duties.
November 12, 1934).
Paragraph 5: Paragraph 2: (b) It is ESPECIALLY SOUGHT for by the
Where Public Contempt or offender to insure the commission of the
Authorities are Insult or Public crime or for the purpose of impunity: The
Engaged in the Authorities offender especially sought for the nighttime,
Discharge of when he sought for it in order to realize the
Duties crime with more ease(People vs. Aquino,
In both, public authorities are in the September 29, 1939).
performance of their duties.
The public authority The offended party (c) The offender TOOK ADVANTAGE thereof
may or may not be should not be the for the purpose of impunity: “For the purpose
the offended party. public authority. of impunity” means to prevent his (accused)
being recognized, or to secure himself
against detection and punishment (People
(d) In a place dedicated to religious worship
vs. Matbagon, supra.).
NOTES: GENERAL RULE:
 The crime occurred in a place dedicated to If the aggravating circumstances of nighttime,
religious worship, regardless of religion. uninhabited place or band concur in the
commission of the crime, all will constitute ONE
aggravating circumstance only.

42
 the victim receiving some help(People vs.
EXCEPTION: Damaso; November 20, 1978).
They can be considered separately if their
elements are distinctively perceived and can (c) BY A BAND
subsist independently, revealing a greater
degree of perversity. A band (encuadrilla) subsists “whenever more
than three (3) armed malefactors shall have
(a) NIGHT TIME acted together in the commission of the offense.”

Nighttime (obscuridad) is that period of NOTES:

darkness beginning at the end of dusk and  There must be four (4) or more armed men.
ending at dawn. (a) The armed persons contemplated must
all be principals by direct participation
Nights are from sunset to sunrise(Art. 13, NCC). who acted together in the execution of
the crime. In this case, conspiracy is
NOTES: presumed.
 Commission of the crime must begin and be (b) If one of the four armed persons is a
accomplished in the nighttime. principal by inducement, they do not form
a band because one had no direct
 When the place of the crime is illuminated by participation.
light, nighttime is not aggravating.
 “By a band” is aggravating in crimes against
 Nighttime is NOT especially sought for when: property or persons or in the crime of
(a) The notion to commit the crime was illegal detention or treason.
conceived of shortly before the
commission of the crime; or  This aggravating circumstance is NOT
(b) Crime was committed at night upon a applicable in crimes against chastity.
casual encounter
 In the crime of brigandage, which is
 The information must allege that nighttime committed by more than three armed
was sought for, taken advantage of, or that it persons forming a band of robbers, the
facilitated the crime. circumstance that the crime was committed
by a band should NOT be considered as
 As a RULE, nighttime is absorbed in aggravating, because it is inherent in or is
treachery, EXCEPT when both the necessarily included in defining the crime.
treacherous mode of attack and nocturnity
were deliberately decided upon in the same  This is absorbed in the circumstance of
case, in which case they can be considered abuse of superior strength and use of
separately if such circumstances have firearms EXCEPT when the firearm has no
different factual bases. license or there is lack of license to carry the
firearm.
(b) UNINHABITED PLACE
 When the armed men met up casually with
Uninhabited place (despoblado) contemplates a others, and a crime was thereafter
place where there are no houses at all, a place at committed, it cannot be considered as an
a considerable distance from town, or where the aggravating circumstance.
houses are scattered at a great distance from
each other.

NOTE: Whether or not the crime committed is

attended by this aggravating circumstance
should be determined, not by the distance of the
nearest house from the scene of the crime, but
whether or not in the place of the commission of
the offense, there was reasonable possibility of

43
 Paragraph 7: 2. The accused availed himself of their aid or
CRIME WAS COMMITTED ON OCCASION OF relied upon them when the crime was
CONFLAGRATION, SHIPWRECK, committed.
EARTHQUAKE, EPIDEMIC, OR OTHER
CALAMITY OR MISFORTUNE This aggravating circumstance shall NOT be
considered when:
“That the crime be committed on the (a) Both the attacking party and the party
occasion of conflagration, shipwreck, attacked were equally armed;
earthquake, epidemic or other calamity or (b) The accused, as well as those who
misfortune” (Par. 7, Article 14) cooperated with him in the commission of the
crime, acted under the same plan and for the
Basis: Greater perversity is shown by the time of same purpose. (People vs. Candado; August
the commission of the felony. 1, 1978).
(c) The accused did not rely on the casual
REQUISITES:O T presence of armed men near the place
1. Crime was committed on the occasion of a where the crime was committed.
conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune; and NOTES:
2. The offender took advantage of the state of  The armed men must NEITHER be
confusion or chaotic condition from such conspirators nor principals. They can only
misfortune. be, at most, accomplices.

Rationale: The reason for the existence of this  The casual presence of the armed men near
circumstance is found in the debased form of the place where the crime was committed
criminality, met in one who, in the midst of a does not constitute an aggravating
great calamity, instead of lending aid to the circumstance when it appears that the
afflicted, adds to their great suffering by taking accused did not avail of their aid or rely upon
advantage of their misfortune to despoil them. them to commit the crime.

NOTES:  Mere moral or psychological aid or reliance is

 The phrase “or other calamity or misfortune” sufficient to constitute this aggravating
refers to other condition of distress similar to circumstance.
those previously enumerated. Hence,
chaotic conditions after liberation are NOT  Aid of armed men is absorbed by the
included under this paragraph (People vs. employment of a band.
Corpus; 43 O.G. 2249).
 This will NOT apply if the offender was  If there are four armed men, aid of armed
provoked by the offended party during the men is absorbed in the employment of a
calamity or misfortune. band. If there are three armed men or less,
aid of armed men may be the aggravating
Paragraph 8: circumstance.
AID OF ARMED MEN or PERSONS WHO
INSURE OR AFFORD IMPUNITY AID OF ARMED MEN BAND
It is present even if It is required that
“That the crime be committed with the aid of one of the offenders more than three (3)
(a) armed men or (b) persons who insure or merely relied on the armed malefactors
afford impunity” (Par. 8, Article 14) aid. Actual aid is not shall have acted
necessary. together in the
Basis: Grater perversity is shown in the means commission of the
and ways of committing the crime. offense.
Armed men are Band members are
REQUISITES:D–AR accomplices, who take all principals by
1. Armed men or persons took part in the part in a minor direct participation.
commission of the crime, directly or capacity directly or
indirectly; and

44
 indirectly. increases the penalties by degrees. No other
generic aggravating circumstance produces
such effect.
Paragraph 9:
RECIDIVISM
 If both offenses are committed on the same
date, they shall be considered as only ONE;
A recidivist is one who, at the time of his trial for hence, they cannot be separately counted in
one crime, shall have been previously convicted order to constitute recidivism. Judgment of
by final judgment of another crime embraced in conviction handed down on the same day
the same title of the RPC. shall be considered as only one conviction.
Basis: There is greater perversity of the offender
 To prove recidivism, it is necessary to allege
shown by his inclination to crimes.
the same in the information and to attach
thereto a certified copy of the sentence
REQUISITES: OPEC
rendered against the accused.
1. The offender is on trial for an offense;
2. He was previously convicted by final
 A recidivist is entitled to the benefits of
judgment of another crime;
ISLAW, but is disqualified from availing credit
3. Both the first and the second offenses are
of his preventive imprisonment.
embraced in the same title of this Code; and
4. Offender is convicted of the new offense.
Paragraph 10:
NOTES: REITERACION
 The phrase “at the time of trial” is employed
in its generic sense. It is meant to include “That the offender has been previously
everything that is done in the course of trial, punished (a) for an offense to which the law
from arraignment until after sentence is attaches an equal or greater penalty, or (b)
announced by the judge in an open court. for two or more crimes to which it attaches a
lighter penalty” (Par. 10, Article 14)
 It is sufficient that the succeeding offense be
committed after the commission of the Basis: There is greater perversity of the offender
preceding offense provided that at the time of shown by his inclination to crimes.
his trial for the second offense, the accused
had already been convicted of the first REQUISITES: O Se C
offense. 1. The accused is on trial for an offense;
2. He previously served sentence:
 Recidivism must be taken into account as an (a) For another offense to which the law
aggravating circumstance no matter how attaches an equal or greater penalty, or
many years have intervened between the (b) For two or more crimes to which it
first and the second felonies. (People vs. attaches lighter penalty than that for the
Colocar; November 10, 1934). new offense;
3. He is convicted of the new offense.
 Amnesty extinguishes the penalty and its
effects. NOTES:
 If, as a result of taking this circumstance into
 Pardon does NOT obliterate the fact that the account, the penalty for the crime of murder
accused is a recidivist. Pardon does not would be death and the offense for which the
prevent a former conviction from being offender has been previously convicted are
considered as an aggravating circumstance. against property and not directly against
persons, the court should exercise its
discretion in favor of the accused by not
 Recidivism is NOT subject to prescription.
taking this aggravating circumstance into
account.
 Being an ordinary aggravating circumstance,
recidivism affects only the periods of a
 Quasi-recidivism CANNOT at the same time
penalty, EXCEPT in prostitution (Article 202)
constitute reiteracion since the former exists
and gambling (P.D. 1602) wherein recidivism

45
 before accused begins to serve sentence or  If alleged as a general aggravating
while serving the same, while the latter exists circumstance, only the liability of the
after the accused has duly served sentence. receiver is affected.
HENCE, this aggravating circumstance  If alleged as a qualifying aggravating
cannot apply to a quasi-recidivist. circumstance, the liabilities of BOTHthe
giver and the receiver are affected.
 If the same set of facts constitutes recidivism
and reiteracion, the liability of the accused 2. The price, reward, or promise should be
should be aggravated by recidivism which previous to and in consideration of the
can easily be proven. commission of the crime.

Reiteracion vs. Recidivism NOTES:

REITERACION RECIDIVISM  The evidence must show that one of the
accused used money or other valuable
Offender shall have It is enough that final consideration for the purpose of inducing
served out his judgment has been another to perform the deed (US vs. Gamao;
sentence for the first rendered for the first August 30, 1912).
offense. offense.
Offenses need not be Offenses are required  If without previous promise, price or reward
included in the same to be included in the was given after the crime had been
title of the Code. same title of the Code committed as an expression of appreciation
It is not always an It is always an for the sympathy or aid shown by the other
aggravating aggravating accused, it should NOT be taken into
circumstance.It is circumstance. consideration for the purpose of increasing
dependent upon the the penalty(U.S. vs. Flores; September 17,
discretion of the 1914).
judge.
 The price, reward, or promise need not
FORMS OF REPETITION consists of material things or need not be
actually delivered, it being sufficient that the
FORM TYPE offer made be accepted before the
Recidivism Generic commission of the offense.
Reiteracion/ Generic
Habituality Paragraph 12:
INUNDATION, FIRE, POISON, EXPLOSION,
Multi-Recidivism or Extraordinary
STRANDING, DERAILMENT, or OTHER
Habitual Delinquency
ARTIFICE INVOLVING GREAT
Quasi-Recidivism Special WASTE AND RUIN

Paragraph 11: “That the crime be committed by means of

PRICE, REWARD, or PROMISE inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto,
“That the crime be committed in derailment of a locomotive, or by the use of
consideration of a price, reward, or promise” any other artifice involving great waste and
(Par. 11, Article 14) ruin” (Par. 12, Article 14).

Basis: There is greater perversity as shown by Basis: Greater perversity is shown in the means
the motivating power itself. and ways employed by the offender.

REQUISITES: NOTES:
1. There are at least two principals:  Any of the circumstances in paragraph 12
(a) The principal by inducement; and will only be considered to increase the
(b) The principal by direct participation. penalty or to change the nature of the
offense when they are used by the offender
Whose liability is aggravated? as a means to accomplish criminal purpose.

46
 circumstance (People v. Comadre; June 8,
 When another aggravating circumstance 2004).
already qualifies the crime, any of these
aggravating circumstances shall be Paragraph 13:
considered as generic aggravating EVIDENT PREMEDITATION
circumstance only.
Basis: There is greater perversity as shown by
 When there is no actual design to kill a the way of committing the crime.
person in burning a house, it is plain arson
even if a person is killed. On the other hand, REQUISITES:The prosecution must prove –
if the offender had the intent to kill the victim, 1. The time when the offender determined to
burned the house where the latter was, and commit the crime;
the victim died as a consequence, the crime 2. An act manifestly indicating that the culprit
is murder, qualified by their circumstance has clung to his determination; and
that the crime was committed “by means of 3. A sufficient lapse of time between the
fire”. determination and execution, to allow him to
reflect upon the consequences of his act and
 Further, if fire was used to conceal the killing, to allow his conscience to overcome the
there are separate crimes of arson and resolution of his will.
murder/homicide.
Essence of Evident Premeditation:
 “Inundation” refers to use of water or The essence of premeditation is that the
causing the water to flood in the commission execution of the criminal act must be preceded
of the offense. by cool thought and reflection upon the resolution
to carry out the criminal intent during the space
 RULES AS TO THE USE OF FIRE: of time sufficient to arrive at a calm judgment.

Act of the Crime Committed NOTES:

Accused  The date, and if possible, the time when the
Intent was only to Simple arson with a offender determined to commit the crime is
burn the house, specific penalty essential, because the lapse of time is
but somebody is (Article 326). computed from the date and time.
killed.
 There must be evidence showing that the
Fire was used as Murder accused meditated and reflected on his
means to kill intention between the time when the crime
Fire was used to Separate crimes of was conceived by him and the time it was
conceal the killing arson and actually perpetrated (People vs. Carillo;
murder/homicide. February 28, 1950).

 “EXPLOSION”: If there is intent to kill and  Mere threat not of a direct and specific
explosion is used by the offender to character shows accused was undetermined.
accomplish the criminal purpose, it is murder
if the victim dies as a direct consequence  Premeditation must be based upon external
thereof. acts and not presumed from mere lapse of
time.
 When the killing is perpetrated with treachery
and by means of explosives, the latter shall  EFFECT OF CONSPIRACY:
be considered as a qualifying circumstance. When conspiracy is directly established,
Since the use of explosives is the principal evident premeditation is presumed to exist.
mode of attack, reason dictates that this However, when conspiracy is implied,
attendant circumstance should qualify the evident premeditation cannot be presumed.
offense instead of treachery which will then
be relegated merely as a generic aggravating  Evident premeditation is absorbed by reward
or promise in so far as the inducer is

47
 concerned since he obviously reflected in This is NOT aggravating:
planning the crime. 1. Where the unlawful scheme could have been
carried out just the same even without the
 When the victim is different from that pretense (People vs. Aspili).
intended (error in personae), premeditation is 2. Craft partakes of an element of the offense.
NOT aggravating.
(b) FRAUD
However, if the offender premeditated in the
killing of ANY person (general plan), it is It is the use of insidious words and machinations
proper to consider against the offender this used to induce the victim to act in a manner
aggravating circumstance because whoever which would enable the offender to carry out his
is killed by him is contemplated in his design.
premeditation.
FRAUD CRAFT
 Evident premeditation is INHERENT in the
following crimes:ARTEA There is direct The act of the
(a) Arson; inducement by accused was done in
(b) Robbery; insidious words or order not to arouse
(c) Theft; machinations. the suspicion of the
(d) Estafa; or victim.
(e) Analogous offenses.
(c) DISGUISE
 Evident premeditation, while inherent in
robbery, may be aggravating in robbery with It is by resorting to any device to conceal identity.
homicide if the premeditation included the
killing of the victim. NOTES:
 The fact that the mask subsequently fell
Paragraph 14: down thus paving the way for identification
CRAFT, FRAUD, DISGUISE does not render the aggravating
circumstance of disguise inapplicable.
Basis: There is greater perversity as shown by (People v. Cabato; April 15, 1988).
the way of committing the crime.
 The purpose of the offender in using any
NOTES: device must be to conceal his identity.
 These circumstances are characterized by
the intellectual or mental rather than the  The test of disguise is whether the device or
physical means to which the criminal resorts connivance resorted to did make
to carry out his design. identification more difficult, such as the use
of mask or false hair or beard.
 Craft and fraud may be absorbed in
treachery if they have been deliberately Paragraph 15:
adopted as the means, methods or forms for TAKING ADVANTAGE OF SUPERIOR
the treacherous strategy, OR they may co- STRENGTH, or MEANS EMPLOYED TO
exist independently where they are adopted WEAKEN THE DEFENSE
for different purposes in the commission of
the crime. “That (a) advantage be taken of superior
strength, or (b) means be employed to
(a) CRAFT weaken the defense” (Par. 15, Article 14)

It is the use of intellectual trickery or cunning on Basis: There is greater perversity as shown by
the part of the accused. the means and ways of committing the crime.

NOTE: Paragraph 15 contemplates two

aggravating circumstances which qualifies a
killing to murder (Article 248).

48
 is generally accepted that the husband is
(a) ABUSE OF SUPERIOR STRENGTH physically stronger than the wife.

NOTES:  Although the commission of the crime of

 The aggravating circumstance of abuse of coercion or forcible abduction presupposes
superior strength depends on the age, size, superiority of force on the part of the
and strength of the parties. It is considered offenders, yet when the strength availed of is
that whenever there is a notorious inequality greatly in excess of that required for the
of forces between the victim and the realization of the offense, as where the
aggressor, assessing the superiority of offenders were very much superior to the
strength notoriously advantageous for the complainant individually and collectively,
aggressor which is selected or taken abuse of superior strength should be
advantage of by him in the commission of the considered for the purpose of increasing
crime. penalty (People vs. Pineda; March 26, 1932).

 The prosecution should still prove that the  To take advantage of superior strength
assailants purposely used excessive force means to use purposely excessive force out
out of proportion to the means of defense of proportion to the means of defense
available to the persons attacked (People vs. available to the person attacked (People vs.
Sansaet; February 6, 2002). Cabiling; December 17, 1976).

 Mere superiority in numbers does not  Where abuse of superior strength is to be

indicate the presence of this circumstance. estimated as an aggravating circumstance
Nor can the circumstance be inferred solely from the mere fact that more than one
from the victim’s possibly weaker physical person participated in the offense, it must
constitution (Valenzuela vs. People; August appear that the accused cooperated together
14, 2009). in some way designed to weaken the
defense (People vs. Cortes, G.R. No. 33614,
 Abuse of superior strength is absorbed and November 4, 1930).
inherent in treachery.
(b) MEANS TO WEAKEN THE DEFENSE
 Abuse of superior strength absorbs cuadrilla
(band). The two circumstances have the This means that the offender employs means
same essence which is utilization of the that materially weaken the resisting power of
combined strength of the assailants to the offended party.
overpower the victim and consummate the
killing (People vs. Medrana; December 14, REQUISITES: Pu N
1981). 1. Means were purposely sought to weaken the
defense of the victim to resist the assault;
ABUSE OF BAND and
SUPERIOR 2. The means used must NOT totally eliminate
STRENGTH possible defense of the victim, otherwise, it
will fall under treachery.
The essence of The element of
abuse of superiority band is appreciated NOTES:
is the taking when the offense is
 This circumstance is applicable only to
advantage by the committed by more
crimes against persons, and sometimes
culprits of their than three armed
against person and property, such as
collective strength to malefactors
robbery with physical injuries or homicide.
overpower relatively regardless of the
weaker victim(s). comparative
 The aggravating circumstance of employing
strength of the
means to weaken the defense is absorbed in
victim(s).
treachery (People vs. Tunhawan; October
27, 1988).
 Abuse of superior strength is inherent in
parricide where the husband kills the wife. It

49
 Paragraph 16: it impossible or hard for the
TREACHERY offended party to put up
any source of resistance.
There is treachery (alevosia) when the Abuse of The offender does not
offender commits any of the crimes against Superior employ means, methods or
the person, employing means, methods, or Strength forms of attack; he only
forms in the execution thereof which tend takes advantage of his
directly and specially to insure its execution, superior strength.
without risk to himself arising from the
Means The offender employs
defense which the offended party might make
Employed to means but the means
(Par. 16, Article 14).
Weaken the employed only materially
Defense weakens the resisting
Basis: There is greater perversity as shown by
power of the offended
the means and ways of committing the crime.
party.
REQUISITES: No–Con
1. That at the time of the attack, the victim was NOTES:
not in a position to defend himself; and  Treachery means that the offended party
2. The offender consciously adopted the was not given opportunity to make a defense
particular means, method, or form of attack (People vs. Tiozon; June 19, 1991).
employed by him.
 The characteristic and unmistakable
CORE RULES REGARDING TREACHERY: manifestation of treachery is the deliberate,
 It is applicable ONLY to crimes against sudden, and unexpected attack of the
persons. (Exceptions: People vs. Escote; victim from behind, without any warning and
People vs. Ancheta) without giving him an opportunity to defend
 Means, methods or forms need not insure himself or repel the initial assault. All three
accomplishment of crime, only its execution. must concur; otherwise, there can be no
 The mode of attack must be consciously treachery.
adopted.
 When it is not shown that the principal by
Treachery ABSORBS the following inducement directed or induced the principal
aggravating circumstances: BAM-TANC by direct participation to adopt the means or
1. Band; methods actually used by the latter in
2. Aid of armed men accomplishing the crime, treachery cannot
3. Means employed to weaken the defense; be considered as to the principal by
4. Taking advantage of public position; inducement.
5. Abuse of superior strength;
6. Nighttime; and  Treachery CANNOT be appreciated when:
7. Craft, fraud and disguise. (a) The meeting between the accused and
the victim was casual and the attack was
NOTES: done impulsively (People v. Vilbar;
 Treachery cannot co-exist with passion or February 1, 2012);
obfuscation. (b) The attack appeared to have been
 Lack of intention to commit so grave a wrong impulsively done, a spur of the moment
act in the heat of anger or extreme
as that committed may co-exist with
annoyance (People v. Vilbar, id.);
treachery (People v. Cagoco; October 6,
(c) The encounter was a chance encounter
1933).
(People vs. Gonzalez; June 21, 2001);
(d) The attack was preceded by a quarrel
Treachery vs. Abuse of Superior Strength and a heated discussion (People vs.
vs. Means to Weaken the Defense Zeta; May 9, 2002);
Treachery Means, methods or forms (e) The victim had the opportunity to counter
of attack are employed by or evade the attack, to defend himself or
the offended party to make to escape (Ramos vs. People; August
23, 1967); or

50
 (f) The accused made his presence known crime of homicide which is a crime against
before the attack (People vs. Flores; persons and not at the constituent crime of
February 29, 1972). robbery which is a crime against property.
Treachery is applied to the constituent crime
Chance encounters, impulse killing or crimes of “homicide” and not to the constituent crime
committed at the spur of the moment, or of “robbery” of the special complex crime of
those that were preceded by heated robbery with homicide (People vs. Ancheta;
altercations are generally NOT attended by June 4, 2004).
treachery for lack of opportunity of the
accused deliberately to employ a  When there is conspiracy, treachery is
treacherous mode of attack. considered against all the offenders (People
vs. Agpawan; August 25, 2000). In the
See: People vs. Teehankee absence of conspiracy, treachery may be
considered only against the person who had
 Mere sudden and unexpected attack does knowledge of the same at the time of the
not necessarily give rise to treachery. It could execution of the crime or his cooperation
have been done on impulse, as a reaction to therein (Par. 4, Article 62; People vs.
an actual or imagined provocation offered by Carandang, February 1930).
the victim (People vs. Sabanal; 1989).
 There is no treachery if the prosecution only
 In treachery, the mode of attack must be proved the events after the attack happened,
consciously adopted (People vs. Gonzales; but not the manner of the attack commenced
June 13, 2012). or how the act unfolded (People vs. Calpito;
November 27, 2003).
 There is treachery even if the attack is frontal
if it is sudden and unexpected, with the  As a general rule, treachery must be proved
victims having no opportunity to repel it or by clear and convincing evidence and it
defend themselves, for what is decisive in cannot be presumed.
treachery is that the execution of the attack
made it impossible for the victims to defend EXCEPTION: Treachery applies in the killing
themselves or to retaliate (People vs. of a child even if the manner of attack is not
Badriago; May 8, 2009). shown (People v. Sanchez; June 29, 2010).

 Treachery may be appreciated even if the  When must treachery be present?

crime against person is complexed with (a) When the aggression is continuous,
another felony involving a different treachery must be present in the
classification under the Code. beginning of the assault.
(b) When the assault was not continuous,
THUS, treachery may be appreciated in wherein there was an interruption, it is
robbery with homicide although the latter is sufficient that treachery was present at
essentially a crime against property. the moment the fatal blow was given.
Treachery is not an element of robbery with
homicide. Neither does it constitute a crime  Treachery should be considered even if:
especially punishable by law nor is it (a) The victim was not predetermined but
included by the law in defining the crime of there was a generic intent to
robbery with homicide and prescribing the treacherously kill any person (Same rule
penalty therefor. Treachery is likewise not applies to evident premeditation).
inherent in the crime of robbery with (b) There was aberratio ictus (Rule is
homicide. Hence, treachery should be different as to evident premeditation).
considered as a generic aggravating (c) There was error in personae (Rule is
circumstance in robbery with homicide for the different as to evident premeditation).
imposition of the proper penalty for the crime.
Paragraph 17:
In the application of treachery as a generic IGNOMINY
aggravating circumstance to robbery with
homicide, the law looks at the constituent

51
“That means be employed or circumstances  It is not aggravating in the crime of trespass
brought about which add ignominy to the to dwelling as unlawful entry is inherent
natural effects of the act” (Par. 17, Article 14) therein.

IGNOMINY  Dwelling and unlawful entry are taken

It is a circumstance pertaining to the moral order, separately as aggravating circumstances in
which adds disgrace to the material injury caused murders committed in a dwelling (People vs.
by the crime. Barruga; March 27, 1935).

Basis: There is greater perversity as shown by Paragraph 19:

the means and ways of committing the crime. BREAKING OF WALL, ROOF, FLOOR,
DOOR, or WINDOW
NOTES:
 It must tend to make the effects of the crime “That as a means to the commission of a
more humiliating or put the offended party to crime a wall, roof, floor, door, or window be
shame. broken” (Par. 19, Article 14)
 This aggravating circumstance is applicable Basis: There is greater perversity as shown by
to crimes against chastity, less serious the means and ways of committing the crime.
physical injuries, light or grave coercion and
murder. NOTES:
 The circumstance is aggravating ONLY in
It is applicable in the crime of rape because those cases where the offender resorted to
by its nature rape is a crime against chastity any of said means to enter the house. If it is
(e.g. “dog-style” rape is ignominious). broken in order to get out of the place, it is
not an aggravating circumstance.
 It is inherent in libel and acts of
lasciviousness.  It is NOT necessary that the offender should
have entered the building. What aggravates
 If humiliation or putting the offended party to the liability of the offender is the breaking of
shame took place after the death of the the part of the building as a means of the
offended party, the aggravating circumstance commission of the crime.
of ignominy is NOT applicable.
 Breaking is lawful when:
 The moral suffering should pertain to the (a) An officer, in order to make an arrest,
victim himself. may break open a door or window of any
building in which the person to be
Paragraph 18: arrested is or is reasonably believed to
UNLAWFUL ENTRY be (Sec. 11, Rule 113, ROC);
(b) An officer. If refused admittance, may
“There is unlawful entry when an entrance is break open any door or window to
effected by a way not intended for the execute the search warrant or liberate
purpose.” (Par. 18, Article 14) himself (Sec. 7, Rule 126, ROC).

Rationale: One, who acts, not respecting the BREAKING UNLAWFUL ENTRY
walls erected by men to guard their property and
It involves breaking It presupposes that
provide for their personal safety, shows a greater
(rompimiento) of the there is no such
perversity, a greater audacity; hence, the law
wall, roof, floor, breaking as by entry
punishes him with more severity.
door, or window. through the window.
NOTES:
 As an aggravating circumstance, it must be a Paragraph 20:
means to effect entrance and not for escape. AID OF MINORS; MOTOR VEHICLES,
AIRSHIPS OR OTHER SIMILAR MEANS

52
“That the crime be committed (1) with the aid clear that the truck was the means used by
of persons under 15 years of age, or (2) by accused to perpetrate the killing of the victim.
means of motor vehicles, airships, or other
similar means” (Par. 20, Article 14) Paragraph 21:
CRUELTY
Basis: There is greater perversity as shown by
the means and ways of committing the crime. “That the wrong done in the commission of
the crime be deliberately augmented by
What are the aggravating circumstances causing other wrong not necessary for its
contemplated under this paragraph? commission” (Par. 21, Article 14)

(a) With the aid of persons under fifteen (15) Basis: There is greater perversity as shown by
years of age the way of committing the crime.

NOTE: It is intended to repress the frequent REQUISITES: De–Un

practice resorted to by professional criminals to 1. The injury caused be deliberately increased
avail themselves of minors taking advantage of by causing other wrong; and
their irresponsibility. 2. The other wrong be unnecessary for the
execution of the purpose of the offender.
(b) By means of motor vehicles, airships, or
other similar means NOTES:
 There is cruelty when the culprit enjoys and
NOTES: delights in making his victim suffer slowly
 It is intended to counteract the great facilities and gradually, causing him unnecessary
found by modern criminals in said means to physical pain in the consummation of the
commit crime and flee and abscond once the criminal act(People vs. Dayug; September
same is committed. 30, 1926).

 Use of motor vehicle is aggravating where  Cruelty requires deliberate prolongation of

the accused used the motor vehicle in going the physical suffering of the victim.
to the place of the crime, in carrying away
the effect thereof, and in facilitating their  Cruelty is inherent in the crimes against
escape (People vs. Espejo; December 19, persons, and mutilation.
1970).
 For cruelty to be appreciated as a generic
 “Other similar means” refer to motorized aggravating circumstance there must be
vehicles or other efficient means of positive proof that the wounds found on the
transportation similar to automobile or body of the victim were inflicted while he was
airplane. still alive in order unnecessarily to prolong
physical suffering (People vs. Pacris; March
 It is not aggravating when used only to 5, 1991).
facilitate the escape or use was merely
incidental and not purposely sought to  For cruelty to exist, there must be proof
facilitate the commission of the offense. showing that the accused delighted in
making their victim suffer slowly and
 The use of a motor vehicle qualifies the gradually, causing him unnecessary physical
killing to murder if the same was perpetrated and moral pain in the consummation of the
by means thereof (People vs. Enguito; criminal act (People vs. Catian; January 24,
February 28, 2000). 2002).

In People vs. Mallari (June 17, 2003), the IGNOMINY CRUELTY

accused deliberately used his truck in It involves moral It refers to physical
pursuing the victim. Upon catching up with suffering. suffering.
him, accused hit him with the truck, as a
Generally applicable Generally applicable
result of which the victim died instantly. It is

53
 in crimes against in crimes against (a) Relationship;
chastity. persons. (b) Intoxication; and
(c) Degree of instruction and education of
the offender.
OTHER AGGRAVATING CIRCUMSTANCES
UNDER SPECIAL PENAL LAWS
RELATIONSHIP
EXAMPLE:
Notwithstanding the provisions of any law to the This alternative circumstance shall be taken into
contrary, a positive finding for the use of consideration when the offended party is the:
dangerous drugs shall be a qualifying (a) Spouse;
aggravating circumstance in the commission of a (b) Ascendant;
crime by an offender, and the application of the (c) Descendant;
penalty provided for in the Revised Penal Code (d) Legitimate, natural or adopted brother or
shall be applicable (Sec. 25, R.A. 9165). sister;
(e) Relative by affinity in the same degree,
of the offender;
SPECIFIC AGGRAVATING CIRCUMSTANCES
(f) Stepfather or stepmother, and stepson or
stepdaughter (People vs. Bersabal;
Crime Specific Aggravating December 11, 1925); or
Circumstances (g) Adoptive parent and adopted child.
Violation of a. Nighttime;
Domicile b. Papers and effects Rules on the Application of Relationship as
are not returned Aggravating, Mitigating or Exempting:
immediately
Interruption of a. Violence or threats 1. In Crimes against Property
Religious
Worship GENERAL RULE:
Relationship is MITIGATING.
Direct Assault a. Weapon;
b. Offender is a public NOTE: This applies even to common-law
officer or employee; spouses and paramours.
c. Offender lays hands
upon a person in EXCEPTION:
authority. Relationship is EXEMPTING in theft,
Grave Threats a. In writing; swindling and malicious mischief(Article 332,
b. Through a RPC).
middleman.
Robbery with a. Uninhabited place; 2. In Crimes against Persons
Violence against b. Band, except robbery
or Intimidation of with homicide or Relationship is AGGRAVATING where the
Persons robbery with rape. offended party is a relative of a higher
degree than the offender, or where the
Robbery with a. Uninhabited place;
offender and the offended party are relatives
Force upon b. Band.
of the same level.
Things
 EXCEPTION: Relationship is
ARTICLE 15: MITIGATING if the offended party is a
ALTERNATIVE CIRCUMSTANCES relative of a lower degree of offender.

Alternative circumstances are those which When the crime is any of the serious
must be taken into consideration as aggravating physical injuries or homicide or murder, even
or mitigating according to the nature and effects if the offended party is a descendant of the
of the crime and the other conditions attending its offender, relationship is always
commission. AGGRAVATING.

These circumstances are as follows: RID

54
 When the crime is less serious physical “Habitual Drunkard” is one given to
injuries or slight physical injuries, relationship intoxication by excessive use of
is MITIGATING. intoxicating drinks.

NOTE: Relationship is inherent in parricide. (b) Intentional (subsequent to the plan to

commit a felony).
3. In Crimes against Chastity
It is intentional when the offender drinks
Relationship is always AGGRAVATING. liquor fully knowing its effects, to find in
the liquor a stimulant to commit a crime
NOTE: Relationship is neither mitigating nor or a means to suffocate any remorse.
aggravating when it is an element of the offense.
NOTE: Sec. 25, R.A. 9165 provides that
INTOXICATION being under the influence of dangerous
drugs is always an aggravating
1. Intoxication is MITIGATING when it is: circumstance.
(a) Not habitual; or
(b) Not subsequent to the plan to commit a DEGREE OF INSTRUCTION AND EDUCATION
felony. OF THE OFFENDER

NOTES: RULES:
 Once intoxication is established by  GENERAL RULE:
satisfactory evidence, in the absence of Low degree of instruction and education or
proof to the contrary, it is presumed to be lack of it is generally MITIGATING.
non-habitual or unintentional.
EXCEPTION: Pro – Cha T – Mu Ra
 It must be shown that at the time of the (a) Crimes against property;
commission of the criminal act, he has (b) Crimes against chastity;
taken such quantity or alcoholic drinks as (c) Treason
to blur his reason and deprive him of (d) Murder; and
certain degree of control, and that such (e) Rape.
intoxication is not habitual or is not
subsequent to the plan to commit the  High degree of instruction and education is
felony. aggravating, when the offender avails
himself of his learning in committing the
 Intoxication must diminish his capacity to crime.
know the injustice of his acts, and his will
to act accordingly. NOTE: It does not refer only to literacy but more
to the level of intelligence of the accused.
 BUT, the case is different if the
intoxication is by dangerous drugs ABSOLUTORY CAUSES
prohibited under R.A. 9165, in which
case intoxication is always considered as Absolutory causes are those where the act
an aggravating circumstance. committed is a crime but for reasons of public
policy and sentiment there is no penalty
Case Law: imposed.
The amount of wine taken must be of such
quantity as to blur the offender’s reason and Basis: It is based on the nature and effects of
deprive him of self-control(People vs. the crime and the other conditions attending its
Cabrera; March 4, 1922). commission.

2. Intoxication is AGGRAVATING when: (See previous discussion).

(a) Habitual; or

55
 TITLE TWO:
PERSONS CRIMINALLY LIABLE EXCEPTION: Under Article 253, the crime of
defamation may be committed if the
imputation tends to blacken the memory of
ARTICLE 16: one who is dead.
PERSONS CRIMINALLY LIABLE
ARTICLE 17:
The following are criminally liable: PRINCIPALS
1. For GRAVE and LESS GRAVE felonies:
(a) Principals;
The following are principals: DIC
(b) Accomplices;
(a) Those who take a direct part in the execution
(c) Accessories.
of the act (principals by direct participation);
(b) Those who directly force or induce others to
2. For LIGHT felonies:
commit it (principals by inducement); and
(a) Principals.
(c) Those who cooperate in the commission of
(b) Accomplices.
the offense by another act without which it
would not have been accomplished
NOTE:Accessories in light felonies are not
(principals by indispensable cooperation).
considered criminally liable. In the
commission of light felonies, the social wrong
as well the individual prejudice is so small PRINCIPALS BY DIRECT PARTICIPATION
that the penal sanction is deemed not
necessary for accessories. REQUISITES: Pa Per
1. They participated in the criminal resolution;
NOTE: Article 16 ONLY applies when the and
offenders are to be judged by their individual and 2. They carried out their plan and personally
NOT collective liability. took part in its execution by acts, which
directly tended to the same end.
PARTIES IN A CRIME
NOTES:
1. “Participated in the criminal resolution”
1. ACTIVE SUBJECT
It is the criminal or the offender which can  Two or more persons are said to have
only be a natural person. participated in the criminal resolution
when they were in conspiracy at the time
GENERAL RULE: of the commission of the crime. (People
Only natural persons can be active subject of vs. Dacillo; April 28, 2004).
crime because of the highly personal nature
of the criminal responsibility. In case of a  There must be intentional participation in
corporation, its officers should be criminally the transaction with a view to the
liable for its act or omission. furtherance of the common design and
purpose. (People vs. Izon; August 31,
EXCEPTIONS: 1981).
Special laws which make juridical persons
liable for a crime: SPEC  In conspiracy, no formal agreement
a. Securities Law among the conspirators is necessary, not
b. Public Service Law even previous acquaintance among
c. Election Code themselves; it is sufficient that their
d. Corporation Law minds meet understandingly so as to
bring about an intelligent and deliberate
2. PASSIVE SUBJECT agreement to commit the offense
It is the injured party or the victim which may charged(People vs. Ging Sam;
be natural or juridical persons. December 29, 1953).

NOTE:Corpses and animals CANNOT be  The presence of conspiracy is implied

passive subjects because they have no where the separate acts committed,
rights that may be injured. taken collectively, emanate from a

56
 concerted and associated action(People joined with the other accused in
vs. Comillo, Jr.; November 25, 2009). celebrating with the fiesta, by way of
custom, they were neither co-principals
 Co-conspirators are liable only for the nor accomplices(People vs. Asaad;
acts done pursuant to the conspiracy. February 24, 1931).
For other acts done outside the
contemplation of the co-conspirators or PRINCIPALS BY INDUCEMENT
which are not necessary and logical
consequences of the intended crime, REQUISITES: In De
only the actual perpetrators are liable 1. The inducement is made directly with the
(People vs. Dela Cerna; October 30, intention of procuring the commission of the
1967). crime; and
2. Such inducement is the determining cause of
 In conspiracy by prior agreement, the the commission of the crime by the material
principal by direct participation who does executor
not appear at the scene of the crime is
not liable, because non-appearance is NOTE: The principal by induction becomes liable
deemed desistance, conspiracy is only when the principal by direct participation
generally not punishable, and there is no committed the act induced.
basis for liability since there is no
criminal participation. At best, he can be Two Ways of Becoming a Principal by
a principal by inducement. Induction:
1. By force; and
2. “Carried out their plan and personally 2. By inducement.
took part in its execution by acts, which
directly tended to the same end” 1. BY FORCE

 He must be at the scene of the It is by directly forcing another to commit a crime

commission of the crime, personally can be done by using/causing:
taking part in execution of the criminal (a) Irresistible force; or
plan. (b) Uncontrollable fear.
 If the second requisite is lacking, at most, NOTE: In these cases, there is no
there is only conspiracy among the conspiracy, not even a unity of criminal
several defendant who participated in the purpose or intention. Only the one using
criminal resolution. force or causing fear is criminally liable. The
material executor is not criminally liable
 In order to held an accused guilty as co- pursuant to Article 12, pars. 5 and 6.
principal by reason of conspiracy, it must
be established that he performed an 2. BY INDUCEMENT
overt act in the furtherance of the
conspiracy, either by actively
It is by directly inducing another to commit a
participating in the actual commission of
crime can be done by giving/using/offering:
the crime, or by lending moral assistance
to his co-conspirators, or by exerting
(a) By giving PRICE, or offering REWARD,
moral ascendancy over the rest of the
or PROMISE
conspirators as to move them to
(b) WORDS OF COMMAND.
executing the conspiracy (People vs.
Cortez; May 31, 1974).
NOTES:
 The inciting words must have great
 If four accused merely attended the
dominance and influence over the
conferences and entered no opposition
person who acts where it would be
to the nefarious scheme, merely
the moving cause for the offense.
assenting out of respect and fear, and
after the commission of the murders they
REQUISITES: In A W – Pri No

57
1. The one uttering the words of command It involves any crime. To be punishable, the
must have the intention of procuring the proposal must involve
commission of the crime; treason, rebellion,
2. The one who made the command must have insurrection, coup
an ascendancy or influence over the person d’etat, and the like.
who acted;
3. The words used must be so direct, so Effects of Acquittal of the Principal by Direct
efficacious, so powerful as to amount to Participation upon the Liability of Principal by
physical or moral coercion; Inducement:
4. The words of command must be uttered  Conspiracy is negated by the acquittal of co-
prior to the commission of the crime ; and defendant.
5. The material executor of the crime has no
 One cannot be held guilty of having
personal reason to commit the crime.
instigated the commission of a crime without
first being shown that the crime has been
NOTES:
actually committed by another.
 Inducement is said to be the determining
 If the one charged as principal by direct
cause when it precedes the act induced and
participation is acquitted because he acted
must be so influential in producing the
without criminal intent or malice, his acquittal
criminal act that without it, the act would not
is not a ground for the acquittal of the
have been performed.
principal by inducement.
 To constitute inducement, there must exist
PRINCIPAL BY INDISPENSABLE
on the part of the inducer the most positive
COOPERATION
resolution and the most persistent effort to
secure the commission of the crime, together
with the presentation to the person induced There must be cooperation in the commission of
the very strongest kind of temptation to the offense by another act without which it would
commit the crime (U.S. vs. Indanan; January not have been accomplished.
29, 1913).
REQUISITES: Res Co
 A thoughtless expression without intention 1. Participation in the criminal resolution, that
to produce the result is NOT an inducement is, there is either anterior conspiracy or unity
to commit the crime. of criminal purpose and intention immediately
before the commission of the crime charged.
 If the crime committed is not contemplated in
the order given, the inducement is not This, in turn, requires:
material and not the determining cause (a) Participation in the criminal resolution;
thereof. (b) There must be conspiracy;
(c) Concurrence is sufficient; and
(d) Cooperation is indispensable.
Inducement vs. Proposal
INDUCEMENT PROPOSAL 2. Cooperation in the commission of the
There exists inducement to commit a crime. offense by performing another act, without
which it would not have been accomplished.
Principal becomes Mere proposal to
liable only when the commit a felony is
It should be noted that:
crime is committed punishable in treason
(a) Cooperation must be indispensible, that
by the principal by or rebellion.
is, without which the commission of the
direct participation.
crime would not have been
The person to whom
accomplished.
the proposal is made
(b) If the offender’s participation is not
should not commit the
indispensible, the offender is only an
crime; otherwise, the
accomplice.
proponent becomes a
(c) If cooperation is necessary in the
principal by
execution of the offense, accused is
inducement.

58
 considered as a principal by direct sufficient if there was common purpose
participation. to commit a particular crime and that the
crime actually committed was a natural
To “cooperate” means to desire or wish in or probable consequence of the intended
common a thing. But, that common will or crime.
purpose does not necessarily mean previous
understanding, for it can be explained or 2. He cooperates in the execution of the
inferred from the circumstances of each offense by previous or simultaneous acts,
case(El Pueblo de Filipinas vs. Aplegido; with the intention of supplying material or
April 27, 1946). moral aid in the execution of the crime in an
efficacious way.
NOTES:
 There can be NO principal by inducement or 3. There is a relation between the acts done by
principal by cooperation unless there is a the principal and those attributed to the
principal by direct participation. However, person charged as accomplice.
there may be a principal by direct
participation despite the absence of the NOTES:
former.  There must be a principal by direct
participation before there can be an
 One who, by acts of negligence, cooperates accomplice.
in the commission of estafa through
falsification or malversation through  In case there is doubt, the participation of the
falsification, without which negligent acts the offender will be considered that of an
commission of the crime could not have been accomplice rather than that of the principal.
accomplished, as co-principal. But one who
cooperated in the commission of the crime  In criminal cases, the participation of the
was held guilty of the same crime through accused must be established by the
reckless imprudence(People vs. Rodis; April prosecution by positive and competent
30, 1959). evidence. It cannot be presumed.

ARTICLE 18:  The accomplice in crimes against person

ACCOMPLICE does not inflict the more or most serious
wounds. In other words, the acts of the
Accomplices are those persons who, not acting accomplice must be lesser than the act or
as principals by direct participation, cooperate in acts done by the principal by direct
the execution of the offense by previous or participation. That is, they must not be equal
simultaneous acts. to or graver than the act or acts of the
principal by direct participation. Thus, if his
REQUISITES: Co Co Rel act or acts are equal he is considered as
1. There is community of design, that is, principal by direct participation.
knowing the criminal design of the principal
by direct participation, he concurs with the  A person may still be held as an accomplice
latter in his purpose even if his or her cooperation was
indispensable.
NOTES:
 Knowledge of the criminal design fof the  The previous acts of cooperation by the
principal can be acquired by the accomplice should not be indispensable to
accomplice when: the commission of the crime; otherwise, she
(a) The principal informs or tells the would be liable as a principal by
accomplice of the former’s criminal indispensable cooperation (People vs.
design; and Tampus & Monresclaros; June 16, 2009).
(b) The accomplice saw the criminal
acts of the principal.  An accomplice does not enter into a
 The community of design need not be to conspiracy with the principal by direct
commit the crime actually committed. It is participation. He does not have previous

59
 agreement or understanding with the Accomplice Principal by Direct
principal to commit a crime (People vs. Participation
Aplegido; April 27, 1946).
The community of Community of design
design need not be to
 Absent knowledge of the criminal purpose of commit the crime
the principal, giving aid or encouragement, actually committed. It
either morally or materially, in the is sufficient if there
commission of the crime, mere presence at was common
the scene of the crime does not make one an purpose to commit a
accomplice (People vs. Toling; July 13, particular crime and
1979). that the crime
actually committed
 Quasi-Collective Responsibility was a natural or
Some of the offenders in the crime are probable
principals and the others are accomplices. consequence of the
intended crime.
ACCOMPLICE PRINCIPAL
There is no clear cut distinction between acts.
Accomplice does not A principal either
Between the Between principals
take direct part in the takes direct part in
principals liable for and accomplices,
commission of the the commission of
the same offense, there is no
act, does not force or the act, forces or
there must be conspiracy.
induce others to induces others to
conspiracy.
commit it, or does not commit it, or
cooperate in the cooperates in the
commission of the commission of the ACCOMPLICE CONSPIRATOR
crime without which it crime without which it They know and agree with the criminal design
would not have been would not have been They come to know They come to know
accomplished, YET accomplished. about it after the the criminal intention
cooperates in the principals have because they
execution of the reached the decision, themselves have
crime by previous or and only then do they decided upon such
simultaneous acts. agree to cooperate in course of action.
He has knowledge of He has knowledge of the execution.
the criminal design of criminal design and They are merely They are the authors
the principal and carries or executes it. instruments who of a crime.
merely concurs with perform acts not
the criminal purpose. essential to the
perpetration of the
Accomplice Principal by offense.
Indispensable
Cooperation ARTICLE 19:
Participation is not Participation is ACCESSORY
indispensable. indispensable.
He cooperates in the He participates in the Accessories are those who, having knowledge
execution of the criminal resolution, of the commission of the crime, and without
offense by previous that is, there is either having participated therein, either as principals or
or simultaneous acts, anterior conspiracy or accomplices, take part subsequent to its
with the intention of unity of criminal commission in any of the following manners:
supplying material or purpose and intention
moral aid in the immediately before 1. By profiting themselves or assisting the
execution of the the commission of offender to profit by the effects of the crime;
crime in an the crime charged. 2. By concealing or destroying the body of
efficacious way. the crime to prevent its discovery;

60
3. By harboring, concealing or assistingin NOTES:
the escape of the principal of the crime,  The crime committed by the principal under
provided the accessory acts with abuse of this paragraph may be any crime, provided it
his public functions or whenever the author is not a light felony.
of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the  The accessory should not take the property
Chief Executive, or is known to be habitually without the consent of the principal.
guilty of some other crime
 When a person knowingly acquired or
NOTE: One who kept silent with regard to the received property taken by brigands, the
crime he witnessed is not an accessory. crime is punished as the act of principal, not
the act of accessory.
GENERAL RULE:
If the facts alleged are not proven in the CONCEALING OR DESTROYING
prosecution of the instituted, or do not constitute THE BODY OF THE CRIME TO
a crime, no legal grounds exist for convicting a PREVENT ITS DISCOVERY
defendant as an accessory after the fact for a
crime not perpetrated (U.S. vs. Mendoza;
NOTES:
September 23, 1912).
 The crime committed by the principal under
this paragraph may be any crime, provided it
EXCEPTION:
is not a light felony.
1. Conviction of an accessory is possible
notwithstanding the acquittal of the principal,
if the crime was in fact committed, but the  Concealing or destroying the body of the
principal was not held criminally liable, crime, the effects and instruments thereof,
because of an exempting circumstance. must be done in order to prevent the
2. Even if the principal is unknown or at large, discovery of the crime.
the accessory may be held responsible
provided the requisites prescribed by law for  What is concealed is the body of the crime,
the existence of the crime are present and the effects or instruments thereof, not the
someone committed it. principal who committed the crime. If the
principal is concealed, Art. 19, par. 3 applies.
NOTES:
 An accessory must have knowledge of the  A person who received personal property
commission of the crime, and having knowing that it had been stolen, for the
knowledge, he took part subsequent to its purpose of concealing the same, as in fact
commission. he concealed it, is guilty of theft as an
accessory (U.S. vs. Villaluz, 32 Phil. 376).
 Entertaining suspicion that a crime has been
committed is not enough. HARBORING, CONCEALING, OR ASSISTING
IN THE ESCAPE
 Knowledge and suspicion are not
synonymous terms. TWO CLASSES OF ACCESSORIES:
1. Public officer acting with abuse of one’s
 The crime committed by the principal must public functions:
be proved beyond reasonable doubt.
REQUISITES:
 The accessory takes part after the crime has (a) Accessory is a public officer;
been committed. (b) He harbors, conceals or assists in the
escape of the principal;
PROFITING THEMSELVES OR ASSISTING (c) He acts with abuse of his public
THE OFFENDER TO PROFIT BY THE functions;
EFFECTS OF THE CRIME (d) The crime committed is any crime but a
light felony.

61
 NOTE: Those accessories under Par. 3, (c) Descendants
Article 19 of this Code who should act with (d) Legitimate, natural, and adopted brothers
abuse of their public functions, shall suffer and sisters; or
the additional penalty of absolute perpetual (e) Relatives by affinity within the same
disqualification if the principal offender shall degrees.
be guilty of a grave felony, and that of
absolute temporary disqualification if he shall NOTES:
be guilty of a less grave felony(Article 59).  Rationale: It is based on ties of blood
and the preservation of the cleanliness of
2. Private person: one’s name which compels one to
conceal crimes committed by relatives so
REQUISITES: near as those mentioned in this article.
(a) Accessory is a private person;
(b) He harbors, conceals, assists in the Ties of blood or relationship constitute a
escape of the offender; and more powerful incentive than the call of
(c) Offender is guilty of: duty(Reyes, supra., p. 582).
(1) Treason
(2) Murder  Nephews or nieces are NOT included
(3) Parricide among such relatives.
(4) Attempt against the life of the Chief
Executive; OR  Only accessories under Article 19,
(5) Where the offender is known to be paragraphs 2 and 3 are exempt from
habitually guilty of some other crime. criminal liability if they are related to the
principals.
NOTES:
 The list is exclusive.  If the accessory performed any of the
 The accessory must have knowledge acts mentioned in Article 19, par. 1, he is
of the principal being habitually guilty liable even if the principal is related to
of some other crime. him because such acts are not prompted
by affection but by a detestable greed.
NOTE: An accused cannot be held liable as
accessory under the third paragraph if the  A public officer does not incur any
principal charged with murder died before trial, criminal liability as an accessory if an
because had he been alive he might have been offender is his relative within the extent
found guilty only of homicide. provided by law. Ties of blood or
relationship constitutes a more powerful
NOTE: See discussion on P.D. 1829 under incentive that the call of duty.
Special Penal Laws.
EXCEPTIONS:
ARTICLE 20: An accessory is NOT exempt from criminal
EXEMPT ACCESSORIES liability even if the principal is related to him, if
such accessory:
The penalties prescribed for accessories shall
NOT be imposed upon those who are such with (a) Profited by the effects of the crime, or
respect to their principals, with the single (b) Assisted the offender to profit by the effects
EXCEPTION of accessories falling within the of the crime.
provisions of paragraph 1, Article 19.

NOTE: This is an absolutory cause.

GENERAL RULE:
An accessory is exempt from criminal liability
when the principal is his:S A D Le R
(a) Spouses;
(b) Ascendants

62
 TITLE THREE: Basis: A law cannot be rationally obeyed unless
PENALTIES it is first shown, and a man cannot be expected
to obey an order that has not been given.
GENERAL PRINCIPLES EXCEPTIONS:
Penal laws shall have a retroactive effect in so
PENALTY far as they FAVOR the offender, provided:
It is the suffering that is inflicted by the State for 1. The offender is NOT a habitual criminal
the transgression of a law. under Rule 5, Article 62 (Article 22); and
JURIDICAL CONDITIONS OF A PENALTY: NOTE:“Habitual delinquent” is a person
1. It is legal (prescribed by law). who, within a period of 10 years from the
2. It is judicial (imposed by court upon date of his release or last conviction of the
conviction). crimes of serious or less serious physical
3. It is definite (not uncertain or unconditional). injuries, robbery, theft, estafa, or falsification,
4. It is personal (no one should be punished for is found guilty of any said crimes a third time
the crime of another). or oftener (Article 62).
5. It is equal (should apply equally to all).
6. It is commensurate with the offense. 2. The new or amendatory law does NOT
7. It is productive of suffering. provide against its retrospective application.
THEORIES JUSTIFYING A PENALTY: NOTES:
1. PREVENTIVE: The State must punish the  Retroactive effect does NOT apply to the
criminal to prevent or suppress the danger to culprit’s civil liability because the rights of
the State and to the public from the criminal offended persons or innocent third parties
acts of offenders. are not within the gift of arbitrary disposal of
the State.
2. SELF-DEFENSE: The State has the right to  Courts are mandated to apply Article 22 even
punish the criminal as a measure of self- if the accused has not invoked it.
defense so as to protect society from the
threat and wrong inflicted by the criminal.
EFFECTS OF REPEAL OF PENAL LAW
3. REFORMATION: The object of punishment
in criminal cases is to correct and reform, as KIND OF REPEAL EFFECTS
the State has the duty to take care of and ABSOLUTE The offense is
reform the criminal. REPEAL obliterated and the act
(a) Express is decriminalized.
4. EXEMPLARITY: The criminal is punished to (b) Implied
serve as an example to deter others from RULES:
committing crimes.  If the case is
pending in court, the
5. JUSTICE: The crime must be punished by same shall be
the State as an act of retributive justice, a dismissed since the
vindication of absolute right, and moral law court loses
violated by the criminal(Amurao, p. 769) jurisdiction to try
and decide the
ARTICLES 21 and 22: case.
IMPOSITION OF PENALTIES  If the accused is
serving his
GENERAL RULE: sentence in prison,
No felony shall be punishable by any penalty not he should be
prescribed by law prior to its commission (Article released, unless he
21, RPC). is a habitual
delinquent.
 Penal laws are applied prospectively.  If the criminal action

63
 has not yet retroactivity.
commenced, then SELF-REPEALING When the law expires,
the repeal bars the PENAL STATUTE the effect is the same
filing of criminal as though it had been
action. It is one that absolutely repealed at
expires by its own the time of its
EXCEPTION: terms and expiration.
 When the repealing provisions.
law itself expressly
provides that it shall
ARTICLE 23:
neither apply to
EFFECT OF PARDON BY THE
criminal cases still
OFFENDED PARTY
pending in court not
to convicts already
serving sentence. A pardon by the offended party does NOT
extinguish criminal action, EXCEPT as provided
NOTE: The crime is in Article 344; BUT civil liability with regard to the
obliterated where the interest of the injured party is extinguished by his
new law does not express waiver.
punish the act which
was punishable under Pardon of offended party bars criminal
the old law.(People vs. prosecution of the following private crimes:
Monton; February 29,
1988). 1. Adultery and Concubinage
PARTIAL REPEAL 1. If the repealing law  An express or implied pardon to both
penalizes the same offenders is required.
act punished by the
 Pardon should be given prior to
repealed law, the
institution of criminal action.
court retains
authority to try and
2. Seduction, Abduction, and
sentence the
Acts of Lasciviousness
accused under the
old law existing at
 Expresspardon by offended party or her
the time of the
parents or grandparents or guardian is
commission.
required.
2. If the same act is  Pardon must be prior to the institution of
punished by both criminal action; however, marriage
the repealing and between the offender and the offended
the repealed law party even after the institution of criminal
and the penalty action or conviction of the offender will
provided by the new extinguish the criminal action.
law is lighter, the
penalty to be 3. Rape (as amended by R.A. 8353)
imposed shall be
that which is  The subsequent valid marriage between
provided by the new the offender and the offended party shall
law since it is extinguish criminal liability or penalty
favorable to the imposed.
accused unless  If it is the legal husband who is the
when the accused is offender, subsequent forgiveness by the
a habitual wife as the offended party will suffice.
delinquent or when
the new law JURISPRUDENCE:
prohibits its A criminal offense is an outrage to the sovereign
State and the power to prosecute and punish

64
crimes belongs to the State. By itself, an affidavit disciplinary powers, superior officials may
of desistance is NOT a ground for the dismissal impose upon their subordinates.
of an action, once it has been instituted in court.
A private complainant loses the right or absolute 5. Deprivation of rights and the reparations
privilege to decide whether the charge should which the civil laws may establish in penal
proceed, because the case was already filed and form.
must therefore continue to be heard by the trial
court (People v. Dimaano; September 14, 2005). ARTICLE 25:
PENALTIES WHICH MAY BE IMPOSED
ARTICLE 24:
MEASURES OF PREVENTION OR SAFETY CLASSIFICATION OF PENALTIES
WHICH ARE NOT CONSIDERED PENALTIES
Gravity 1. CAPITAL
a. Death (prohibited under
The following shall NOT be considered as
R.A. 9346)
penalties:
2. AFFLICTIVE
1. The arrest and temporary detention of
a. Reclusion perpetua;
accused persons, as well as their detention
b. Reclusion temporal;
by reason of insanity or imbecility, or illness
c. Perpetual or temporary
requiring their confinement in a hospital.
absolute disqualification;
d. Perpetual or temporary
2. The commitment of a minor to any of the
special disqualification;
institutions mentioned in Article 80 and for
and
the purposes specified therein.
e. Prision mayor.
NOTE: This has been amended by Par. 2
3. CORRECTIONAL
and 3, Section 36, R.A. 9344 (Juvenile
a. Prision correccional;
Justice and Welfare Act of 2006), which
b. Arresto mayor;
provides:
c. Suspension; and
d. Destierro.
“Whenever detention is necessary, a
child will always be detained in youth
4. LIGHT
detention homes established by local
a. Arresto menor; and
governments, pursuant to Section 8
b. Public censure.
of the Family Courts Act, in the city or
municipality where the child resides.
5. Penalties COMMON to the
preceding classes:
“In the absence of a youth detention
a. Fine; and
home, the child in conflict with the law
b. Bond for good behavior.
may be committed to the care of the
DSWD or a local rehabilitation center
NOTE: This classification
recognized by the government in the
corresponds to the
province, city or municipality within
classification of felonies in
the jurisdiction of the court. The
Article 9 into grave, less grave,
center or agency concerned shall be
and light.
responsible for the child's
appearance in court whenever Nature 1. PRINCIPAL
required.” This is the penalty
expressly imposed by the
3. Suspension from the employment or public court.
office during the trial or in order to institute a. DIVISIBLE: Penalties
proceedings. with fixed duration and
which are divisible into
4. Fines and other corrective measures which, three (3) periods.
in the exercise of their administrative or
b. INDIVISIBLE: Penalties

65
 with no fixed period (e.g.
death penalty,
perpetual/absolute ARTICLE 26:
disqualification, or public CLASSIFICATION OF FINES
censure).
A fine, whether imposed as a single or as an
2. ACCESSORY alternative penalty, shall be considered:
These are penalties
deemed included in the (a) Afflictive Exceeds P6,000.00
principal penalties, namely:
(b) Correctional P200.00 to P6000.00
c. Perpetual or temporary
absolute disqualification; (c) Light Less than P200.00
d. Perpetual or temporary
special disqualification; NOTES:
e. Suspension from public  Where the fine in question is exactly P200,
office, the right to vote under Article 9, it is a light penalty; hence the
and be voted for, the offense involved is a light felony. However,
profession or calling; under Article 26, it is a correctional penalty;
f. Civil interdiction; hence the offense involved is a less grave
g. Indemnification; and felony. It has been held that this discrepancy
h. Forfeiture or should be resolved liberally in favor of the
confiscation of accused; hence Article 9 prevails over Article
instruments and 26. (People vs. Yu Hai; August 15, 1956).
proceeds of the offense.
 In determining the prescription of crimes,
NOTE: Absolute apply Article 9 (P200.00 fine is a light felony).
disqualification, special In determining the prescription of penalty,
disqualification, and apply Article 26 (P200.00 fine prescribes in
suspension may be 10 years).
principal or accessory
penalties.
Subject 1. Corporal (death);
Matter 2. Deprivation of Freedom
(e.g. reclusion, prision, and
arresto);
3. Restriction of Freedom (e.g.
destierro);
4. Deprivation of Rights (e.g.
disqualification,
suspension);
5. Pecuniary (e.g. fines).

Reclusion Perpetua Life Imprisonment

For RPC violations Under special laws
20 y and 1 d to 40 y No fixed duration
With accessory No accessory
penalties. penalties

66
 CHAPTER 3: Reason: Under Article 24, the arrest and
DURATION & EFFECT OF PENALTIES temporary detention of the accused is not
considered a penalty.
ARTICLE 27: 2. If the offender is not in prison, the term of the
DURATION OF PENALTIES duration of the penalty consisting of
deprivation of liberty shall be computed from
PENALTY DURATION the day that the offender is placed at the
Reclusion 20 years & 1 day to 40 years disposal of the judicial authorities for the
Perpetua enforcement of the penalty.
Reclusion 12 years & 1 day to 20
3. The duration of the other penalties shall be
Temporal years, EXCEPT when
computed only from the day on which the
suspension is imposed as an
defendant commences to serve his
accessory penalty, in which
sentence.
case, its duration shall be
that of the principal penalty.
NOTES:
Prision Mayor 6 years & 1 day to 12 years  Service in prison begins only on the day
Temporary the judgment of conviction becomes
6 years & 1 day to 12 years
Disqualification final.
Prision  If in custody and the accused appeals,
6 months & 1 day to 6 years the service of the sentence should
Correccional
commence from the date of the
Suspension 6 months and 1 day to 6
promulgation of the decision of the
years, EXCEPT when
appellate court, not the trial court.
suspension is imposed as an
accessory penalty, in which
case, its duration shall be ARTICLE 29:
that of the principal penalty. RULES ON DEDUCTING THE PERIOD OF
PREVENTIVE IMPRISONMENT
Destierro 6 months & 1 day to 6 years
Arresto Mayor 1 month & 1 day to 6 months The accused undergoes preventive
Arresto Menor 1 day to 30 days imprisonment where the offense charged is:
Bond to Keep The bond to keep the peace
(a) Non-bailable; or
the Peace shall be required to cover
(b) Bailable but the accused is unable to
such period of time as the
post the requisite bail.
court may determine.
GENERAL RULE:
NOTE: “Bond to keep the
Preventive imprisonment is deducted from the
peace” is not specifically
term of imprisonment.
provided as a penalty for any
felony and therefore cannot
(a) If the detention prisoner agrees voluntarily in
be imposed by the courts.
writing to abide by the same disciplinary
rules imposed upon convicted prisoners, he
ARTICLE 28: shall be credited in the service of his
COMPUTATION OF PENALTIES sentence with the FULL TIME during which
the he was under preventive imprisonment.
RULES:
1. If the offender is in prison, the term of the (b) If the offender does not agree to abide by the
duration of the temporary penalties shall be same disciplinary rules imposed upon
computed from the day on which the convicted prisoners, he shall be credited only
judgment of conviction shall have become with the FOUR-FIFTH (4/5) of the time during
final. which the he was under preventive
imprisonment.

67
NOTE: 2. The deprivation of the
Under the Child & Youth Welfare Code (P.D. right to vote in any
603), the youthful offender shall be credited in election for any popular
the service of his sentence with the full time of elective office or to be
his actual confinement and detention, regardless elected to such office.
if he agreed to abide by the same disciplinary 3. The disqualification for
rules of the institution or not. the offices or public
employments and for the
Offenders are NOT entitled to be credited with exercise of any of the
the period of their preventive imprisonment: rights mentioned.
(a) When they are recidivists, or have been 4. The loss of all right to
convicted previously twice or more times of retirement pay or other
any crime; pension for any office
(b) When upon being summoned for the formerly held.
execution of their sentence they have failed
to surrender voluntarily; and NOTES:
(c) When they have been convicted of robbery,  Perpetual absolute
theft, estafa, malversation of public funds, disqualification is
falsification, vagrancy, or prostitution(Article effective during the
29, RPC). lifetime of the convict and
even after the service of
NOTES: the sentence.
 Preventive imprisonment is applicable to all  Temporary absolute
sentences regardless of the duration, disqualification lasts
including perpetual penalties as long as they during the term of the
involve deprivation of liberty. It will also apply sentence, and is removed
to destierro. after service of the same,
EXCEPT when:
 The accused shall be released immediately a. Deprivation of public
whenever he has undergone preventive office or employment;
imprisonment for a period equal to or more and
than the possible maximum imprisonment for b. Loss of all rights to
offense charged. BUT, this is without retirement pay or other
prejudice to the continuation of the trial or the pension for any office
proceeding on appeal if the same is under formerly held.
review.
Perpetual or Article 31:
 If the penalty imposed is arresto menor to Temporary 1. The deprivation of the
destierro, the accused who has been in SPECIAL office, employment,
prison for 30 days (arresto menor to 30 Disqualificatio profession or calling
days) should be released because although n affected;
the maximum penalty is destierro, the (Arts. 31& 32) 2. The disqualification for
accused sentenced to such penalty does not holding similar offices or
serve in prison. employments either
perpetually or during the
ARTICLES 30–35: term of the sentence,
EFFECTS OF PENALTIES according to the extent of
such disqualification.
PENALTY EFFECTS
Perpetual or 1. The deprivation of the Article 32:
Temporary public offices and 1. Deprivation of the right to
ABSOLUTE employments which the vote in any popular
Disqualificatio offender may have held, election for any public
n even if conferred by office or to be elected to
(Article 30) popular election. such office.

68
 2. Offender is not permitted clerk of the court to
to hold any public office guarantee said
during the period of his undertaking.
disqualification.
SUSPENSION 1. Disqualification from The court shall
from Any holding such office or determine, according to
Public Office, exercising such its discretion, the period
Profession, or profession or calling or of duration of the bond.
Calling, or the right of suffrage during
Right of the term of the sentence Should the person
Suffrage 2. If suspended from public sentenced fail to give the
(Article 33) office, the convict shall bond as required he shall
not hold another having be detained for a period
similar functions during which shall in no case
the period of his exceed 6 months, if he
suspension. shall have been
prosecuted for a grave or
Civil 1. Deprivation of the rights less grave felony, and
Interdiction of parental authority, or shall not exceed 30 days,
(Article 34) guardianship, either as to if for a light felony.
the person or property of
any ward
2. Deprivation of marital ARTICLE 36:
authority EFFECTS OF PARDON
3. Deprivation of the right to
manage his property and EFFECTS OF A PARDON BY A PRESIDENT:
of the right to dispose of 1. A pardon shall NOT work the restoration of
such property by any act the right to hold public office, or the right of
or any conveyance inter suffrage, UNLESS such rights are expressly
vivos: restored by the terms of the pardon.
a. BUT, he can dispose
such property by will 2. A pardon shall in no case exempt the culprit
or donation mortis from the payment of the civil indemnity
causa; and imposed upon him by the sentence. (NOTE:
b. He can also manage The pardon cannot make an exception to this
or dispose of his rule.)
property by acts inter
vivos, if done in his LIMITATIONS TOTHE PARDONING POWER:
behalf by judicial 1. That the power can be exercised only after
guardian appointed for judgment of conviction has become final;
him as an otherwise, there would be violation of the
“incompetent” (Sec. 2, doctrine of separation of powers.
Rule 92, ROC). 2. Such power does NOT extend to cases of
impeachment.
Bond to Keep a. Offender must present
3. Without the favorable recommendation of the
the Peace two sufficient sureties
Commission on Elections, pardon CANNOT
(Article 35) who shall undertake that
be granted in case of violation of election
such person will not
law, or rules and regulations (Article IX(C),
commit the offense
Sec. 5, par. 1, Philippine Constitution).
sought to be prevented,
and that in case such
GENERAL RULE:
offense be committed
When the principal penalty is remitted by pardon,
they will pay the amount
only the effect of that principal penalty is
determined by the court
extinguished, but not the accessory penalties
in its judgment, or
attached to it.
otherwise to deposit such
amount in the office of the

69
EXCEPTION: exceed 15 days, if
When an absolute pardon is granted after the culprit is prosecuted
term of imprisonment has expired, it removes for light felony.
what is left of the consequences of conviction.
3. Higher than There is NO
prision subsidiary
ARTICLE 37: correccional imprisonment.
COSTS
4. Penalty imposed Subsidiary penalty
is not to be shall consist in the
Costs shall include fees and indemnities in the
executed by same deprivations as
course of the judicial proceedings, whether they
confinement, but those of the principal
be fixed or unalterable amounts previously
of fixed duration penalty, under the
determined by law or regulations in force, or
rule in Nos. 1 to 3
amounts not subject to schedule.
above.
ARTICLE 38: 5. The subsidiary personal liability which the
PECUNIARY LIABILITIES convict may have suffered by reason of his
insolvency shall not relieve him from the
fine in case his financial circumstances
ORDER OF PAYMENT
should improve (as amended by R.A.
In case the property of the offender should not
5465).
be sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order: NOTE: Imprisonment is not an accessory
penalty, therefore, the culprit cannot be made to
1. Reparation of the damage caused serve subsidiary imprisonment unless the
2. Indemnification of consequential damages judgment expressly provides (People vs.
3. Fine Fajardo; 65 Phil. 539).
4. Costs of the proceedings.

ARTICLE 39:
SUBSIDIARY PENALTY

It is a subsidiary personal liability to be suffered

by the convict has no property with which to meet
the pecuniary liabilities mentioned in Article 38
(1), (2) and (3), he shall be subject to a
subsidiary personal liability at the rate of one day
for each 2 pesos and 50 centavos.

RULES ON SUBSIDIARY IMPRISONMENT

PENALTY SUBSIDIARY
IMPOSED IMPRISONMENT
1. Prision It must not exceed 1/3
correccional or of the term of the
arresto and fine sentence, and in no
case to continue for
more than one year.
Fraction or part of a
day is not counted.
2. Fine only It must not exceed 6
months, if the culprit
is prosecuted for
grave or less grave
felony, and not to

70
 APPLICATION AND GRADUATION (d) The death sentence shall not be inflicted
upon a woman while she is pregnant or
OF PENALTIES within one (1) year after delivery, nor upon
any person over seventy years of age. In this
APPLICATION OF PENALTIES last case, the death sentence shall be
commuted to the penalty of reclusion
ARTICLE 46: perpetua with the accessory penalties
PENALTY FOR PRINCIPALS provided in Article 40 (Sec. 25, R.A. 7659
amending Art. 83, RPC).
GENERAL RULE:
The penalty prescribed by law for the NOTE:
commission of a felony shall be imposed upon In all cases where the death sentence has
the principals in the commission of such felony. become final, the records of the case shall be
forwarded immediately by the Supreme Court to
Whenever the law prescribes a penalty for a the Office of the President for possible exercise
felony in general terms, it shall be understood as of the pardoning power (Sec. 25, R.A. 7659
applicable to the consummated felony. amending Article 83, RPC).

EXCEPTION: NOTE HOWEVER: R.A. 9346 (Act Prohibiting

When the law fixes a penalty for the frustrated or the Imposition of Death Penalty in the
attempted felony in cases where the law Philippines) (see discussion above).
considers that the penalty lower by one or two
degrees corresponding to said acts of execution ARTICLE 48:
is not proportionate to the wrong done, the law PENALTY FOR COMPLEX CRIMES
fixes a distinct penalty for the principal in the
frustrated or attempted felony (Article 46, RPC). PLURALITY OF CRIMES

ARTICLE 47 It consists in the successive execution by the

same individual of different criminal acts upon
The death penalty shall NOT be imposed: any of which no conviction has yet been
declared.
(a) When offender is below 18 years of age at
the time of the commission of the crime NOTE: If there is conviction, it is recidivism.
(b) When offender is more than 70 years old
(c) When upon appeal or automatic review of KINDS:
the case by the Supreme Court, the required 1. REAL/MATERIAL
majority vote is not obtained for the There are different crimes in law as well as in
imposition of the death penalty (Sec. 22, the conscience of the offender; the offender
R.A. 7659 amending Article 47, RPC) shall be punished for each and every offense
that he committed.
NOTE:
In all cases where the death penalty is 2. FORMAL/IDEAL
imposed by the trial court, the records shall There is only one criminal liability when:
be forwarded to the Supreme Court for (a) The offender commits a complex crime
AUTOMATIC REVIEW and judgment by the under Article 48, RPC;
Court en banc, within 20 days but not earlier (b) The law specifically fixes a single penalty
than 15 days after promulgation of the for two or more offenses (Special
judgment or notice of denial of any motion for Complex/Composite Crimes);
new trial or reconsideration. The transcript (c) Offender commits continuous crimes;
shall also be forwarded within 10 days from
the filing thereof by the stenographic reporter ORDINARY COMPLEX CRIMES
(Section 22, R.A. 7659 amending Article 47,
RPC). Rationale: A complex crime exists where
although two or more crimes are actually
committed, these multiple crimes constitute only

71
one crime in the eyes of the law as well as in the 1. At least two offenses are committed;
conscience of the offender. The offender has 2. One or some of the offenses must be
only one criminal intent, hence, there is only one necessary to commit the other; and
penalty imposed for the commission of a 3. Both or all of the offenses must be punished
complex crime (see People vs. Gaffud; under the same statute.
September 19, 2008).
Examples:
PENALTY FOR COMPLEX CRIMES:  Malversation through falsification of public
Penalty for the most serious crime shall be document
imposed, the same to be applied in its maximum  Estafa through falsification of public
period. document.
 The act of raping a girl, causing her physical
KINDS OF COMPLEX CRIMES: injuries which required medical attention for
(a) Compound crime (delito compuesto); and twenty days. This is a complex crime of rape
(b) Complex crime proper (delito complejo). with less serious physical injuries. The
Supreme Court considered the crime of less
(a) COMPOUND CRIME serious physical injuries (laceration of genital
parts) as necessary to the commission of the
It exists when a single act constitutes two or crime of rape. (US vs. Andaya; August 8,
more grave or less grave felonies. 1916).

REQUISITES: There is NO COMPLEX CRIME when:

1. Only a single act is performed by the 1. One offense is committed to conceal the
offender; other;
2. The single act produces:
(a) Two or more grave felonies; or 2. The other crime is an indispensable part
(b) One or more grave and one or more less or an element of the other offenses as
grave felonies; or defined
(c) Two or more less grave felonies
3. One of the offenses is punished by
Examples: special penal law (People vs. Matias; June
 When a single bullet successively killed two 13, 2012);
victims (People vs. Caldito; 1990);
 Parricide with unintentional abortion; or 4. Both acts are punishable under a special
 Inmates killing each other (People v. law (People v. Li Wai Cheung; October 13,
Pincalin; January 22, 1981). 1992);

There is no single act in the following: 5. The law provides one single penalty for a
(a) When two persons are killed one after the special complex (or composite) crime.
other, by different acts, although these two
killings were the result of a single criminal SPECIAL COMPLEX CRIMES
impulse. The different acts must be
considered as distinct crimes. Where the law provides a single penalty for
(b) When the acts are wholly different, not only two or more component offenses, the
in themselves, but also because they are resulting crime is called a special complex
directed against two different persons, as crime (or composite crime) (People v. Laog;
when one fires his gun twice in succession, October 5, 2011).
killing one and injuring the other.
Special complex crimes under RPC:
(b) COMPLEX CRIME (a) Robbery with homicide;
(b) Robbery with rape;
It exists when an offense is a necessary means (c) Kidnapping with serious physical injuries;
for committing the other. (d) Kidnapping with murder or homicide; and
(e) Rape with homicide.
REQUISITES: A N S

72
 COMPOSITE ORDINARY
CRIMES COMPLEX CRIMES EXAMPLES:
The composition The combination of  A collector of a commercial firm
of the offenses the offenses is not misappropriates for his personal use
is fixed by law. specified but several amounts collected by him from
generalized, that is, different persons. There is only one
grave and/or less crime because the different and
grave, or one offense successive appropriations are but the
being necessary different moments during which one
means to commit the criminal resolution arises (Regis vs.
other. People; December 24, 1938).
 A thief who takes from the yard of a
The penalty for Penalty is that house two game roosters belonging to
the specified corresponding to the two different persons commits only one
combination of most serious crime in getting hold of the two roosters,
crimes is offense, to be it is not done by a single act of taking,
specific. imposed in the but by two separate acts. There is,
maximum period. however, a unity of thought and action in
A light felony A light felony that taking the two roosters(People vs. De
that accompanies a Leon; October 8, 1926).
accompanies a compound/complex
composite crime crime may be the NOTES:
is absorbed. subject of separate  A continued crime is NOT a complex
information. crime, as the offender does not perform
(People vs. Villaflores; April 11, 2012) a single act but a series of acts.
Therefore, the penalty is not to be
These crimes CANNOT be complexed: imposed in the maximum.
(a) Malicious obtainment or abusive service  There is no actual provision punishing
of search warrant (Article 129) with continued crimes – it is a principle
perjury; applied in connection with two (2) or
(b) Bribery (Article 210) with infidelity in the more crimes committed with a single
custody of prisoners; intention.
(c) Maltreatment of prisoner (Article 235)  A continued (continuous or continuing)
with serious physical injuries; crime is different from a transitory crime.
(d) Usurpation of real rights (Article 312)
with serious physical injuries; and CONTINUING TRANSITORY
(e) Abandonment of persons in danger CRIME CRIME
(Article 275) and crimes against minors It is a single It is a “moving
(Article 276-278) with another felony. crime consisting crime”. In
of a series of transitory crime
6. In cases of continuing crime (delito acts but all the singleness of
continuado) arising from one the crime
criminal committed by
CONTINUING CRIME resolution. executing two or
Although there is more acts is NOT
It is a single crime consisting of a series of a series of acts, considered.
acts but all arising from one criminal there is only one
resolution. Although there is a series of acts, crime Example:
there is only one crime committed, so only committed, so Offender
one penalty shall be imposed. only one penalty kidnapped a
shall be person for the
REQUISITES: imposed. purpose of
1. Multiplicity of acts; ransom, by
2. Unity of criminal purpose or intent; and forcibly taking the
3. Unity of criminal offense violated. victim from Manila

73
 to Bulacan, where NOTE: Paragraph 3, Article 49 is obsolete
ransom was and has not been applied in our jurisdiction
demanded. The (Amurao, supra., p. 906 citing Criminal Law
offender could be Conspectus (2000 Ed.) by Florenz
prosecuted and Regalado).
tried either in
Manila or in Article 49 Article 48
Bulacan. Lesser penalty in its Penalty for the most
maximum period is serious crime in its
CONTINUED PLURALITY OF imposed. maximum period is
CRIME CRIMES imposed.
There is a series of acts performed by offender.
The different acts Each act performed ARTICLE 50–60
constitute only one constitutes a separate
crime because all crime because each act Consummated Frustrated Attempted
of the acts is generated by a Principal As provided -1 -2
performed arise criminal impulse. Accomplice -1 -2 -3
from one criminal Accessorie -2 -3 -4
resolution. s

ARTICLE 49 Bases for the determination of the extent of

penalty to be imposed under the RPC:
SCOPE OF APPLICATION 1. The stage of the crime in its development;
This applies ONLY to cases of error in personae 2. The participants therein of the persons liable;
(where only one crime is committed but there is and
mistake of identity), and NOT to cases of 3. The aggravating or mitigating circumstances
aberratio ictus (where two felonies are which attended the commission of the crime.
committed) and praeter intentionem (where the
crime befalls on the same victim). EXCEPTIONS to Rules in Articles50–57:
1. Cases in which the law expressly prescribes
CORE RULES: the penalty provided for a frustrated or
1. If the penalty prescribed for the felony attempted felony, or to be imposed upon
committed be higher than that corresponding accomplices or accessories (Article 60,
to the offense which the accused intended to RPC);
commit, the penalty corresponding to the 2. The courts, in view of the facts of the case,
latter shall be imposed in its maximum may impose upon the person guilty of the
period. frustrated crime of parricide, murder or
homicide, defined and penalized in Articles
2. If the penalty prescribed for the felony 246-249, a penalty lower by one degree than
committed be lower than that corresponding that which should be imposed under the
to the one which the accused intended to provision of Article 50. The courts,
commit, the penalty for the former shall be considering the facts of the case, may
imposed in its maximum period. likewise reduce by one degree the penalty
which under Article 51 should be imposed for
3. The rule established by the next preceding an attempt to commit any of such crimes.
paragraph shall NOT be applicable if the acts (Article 250, RPC).
committed by the guilty person shall also
constitute an attempt or frustration of another Accomplices who are punished with the same
crime, if the law prescribes a higher penalty penalty imposed upon the principal:
for either of the latter offenses, in which case 1. Ascendants, guardians, curators, teachers
the penalty provided for the attempted or the and any person who, by abuse of authority or
frustrated crime shall be imposed in its confidential relationship, shall cooperate as
maximum period. accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of
minors, white slave trade or abduction; and

74
2. One who furnished the place for the
perpetration of the crime of slight illegal SCALE NO. 2
detention. 1. Perpetual absolute disqualification
2. Temporal absolute disqualification
Cases where penalty imposed on accessories 3. Suspension from public office, the right
are one degree lower instead of two degrees: to vote and be voted for, the right to
1. Knowingly using counterfeited seal or forged follow a profession or calling
signature or stamp of the President of the 4. Public censure
Republic; 5. Fine.
2. Illegal possession and use of false treasury
or bank note; RULES FOR GRADUATING PENALTIES
3. Use of a falsified document; and
4. Use of a falsified dispatch. 1 When the The penalty next lower
. penalty in degrees shall be that
GRADUATION OF PENALTIES prescribed for immediately following
the felony is that indivisible penalty
This refers to: single and in the respective
indivisible graduated scale
DEGREE PERIOD prescribed in Article
It is one entire A period is one of three 71.
penalty, one whole equal portions - 2 When the The penalty next lower
penalty, or one unit minimum, medium, and . penalty in degree shall be that
of penalty maximum of a divisible prescribed for immediately following
enumerated in the penalty. the crime is the lesser of the
graduated scales composed of penalties prescribed in
under Article 71. It GENERAL RULE: two indivisible the respective
may refer to both When there is MC or penalties, or of graduated scale.
divisible and AC, the penalty is one or more
indivisible lowered or increased divisible
penalties. by period only. penalties at
their full extent
EXCEPTION: 3 When the The penalty next lower
When the penalty is . penalty in degree shall be
divisible and there are prescribed for composed of the
two or more MCs or the crime is medium and minimum
ACs, the penalty is composed of periods of the proper
lowered by degree. one or two divisible penalty and
indivisible the maximum periods
ARTICLES 61 in relation to ARTICLE 71: penalties and of the proper divisible
RULES FOR GRADUATING PENALTIES the maximum penalty and the
period of maximum period of
another that immediately
GRADUATED SCALES divisible penalty following in said
respective graduated
SCALE NO. 1 scale.
1. Death, 4 When the The penalty next lower
2. Reclusion perpetua . penalty in degree shall be
3. Reclusion temporal prescribed for composed of the
4. Prision mayor the crime is period immediately
5. Prision correccional composed of following the minimum
6. Arresto mayor several periods, prescribed and of the
7. Destierro corresponding two next following,
8. Arresto menor to different which shall be taken
9. Public censure divisible from the penalty
10. Fine penalties prescribed, if possible;

75
 otherwise from the
penalty immediately 4. The circumstances which consist in the
following in the above material execution of the act, or in the means
mentioned respective employed to accomplish it, shall serve to
graduated scale. aggravate or mitigate the liability of those
5 When the law The courts, proceeding persons only who had knowledge of them at
. prescribes a by analogy, shall the time of the execution of the act or their
penalty for a impose corresponding cooperation therein.
crime in some penalties upon those
manner not guilty as principals of 5. HABITUAL DELINQUENCY
especially the frustrated felony, or
provided for in of attempt to commit HABITUAL DELIQUENT
the four the same, and upon It is a person who, within a period of ten
preceding rules accomplices and years from the date of his release or last
accessories (Article conviction of the crimes of serious or less
61) serious physical injuries, robbery, theft,
6 When the The penalty next lower estafa or falsification, is found guilty of any of
. penalty consists in degree is the same said crimes a third time or oftener.
of only one or number of periods
two periods immediately following REQUISITES:
(People vs. Gonzales; 1. That the offender had been
April 20, 1942 cited in convicted of any of the crimes of serious
Amurao, p. 923). or less serious physical injuries, robbery,
theft, estafa, or falsification
ARTICLE 62: 2. That after that conviction or after serving
EFFECTS OF MITIGATING AND his sentence, he again committed, and,
AGGRAVATING CIRCUMSTANCES AND OF within 10 years from his release or first
HABITUAL DELIQUENCY conviction, he was again convicted of
any of the said crimes for the second
time
Mitigating or aggravating circumstances and
3. That after his conviction of, or after
habitual delinquency shall be taken into account
serving sentence for, the second offense,
for the purpose of diminishing or increasing the
he again committed, and, within 10 years
penalty in conformity with the following rules:
from his last release or conviction, he
was again convicted of any of said
1. Aggravating circumstances shall NOT be
offenses, the third time or oftener
taken into account when:
(a) They themselves constitute a crime
The following must be alleged in the
specially punishable by law; or
information:
(b) They are included by the law in defining
(a) Date of the commission of the previous
a crime and prescribing penalty therefor.
crime;
(b) Date of the last conviction or release;
2. The same rule shall apply with respect to any
and
aggravating circumstance inherent in the
(c) The dates of the other previous
crime to such a degree that it must of
convictions or releases. (People vs.
necessity accompany the commission
Venus; September 15, 1936).
thereof.
EFFECTS OF HABITUAL DELINQUENCY
3. Circumstances arising from any of the
(a) Upon a third conviction the culprit shall
following shall only serve to aggravate or
be sentenced to the penalty provided by
mitigate the liability of those as to whom such
law for the last crime of which he be
circumstances are attendant:
found guilty and to the additional penalty
(a) The moral attributes of the offender;
of prision correccional in its medium and
(b) His private relations with offended party;
maximum periods.
and
(b) Upon a fourth conviction, the culprit shall
(c) Any other personal cause.
be sentenced to the penalty provided for

76
 the last crime of which he be found guilty (b) Prision mayor (6 y and 1 d to 12 y);
and to the additional penalty of prision (c) Prision correccional (6 m and 1 d to 6 y)
mayor in its minimum and medium (d) Destierro (6 m and 1 d to 6 y);
periods. (e) Arresto mayor (1 m and 1 day to 6 m)
(c) Upon a fifth or additional conviction, the (f) Arresto menor (1 d to 30 d);
culprit shall be sentenced to the penalty (g) Temporary disqualification (6 y and 1 d to 12
provided for the last crime of which he be y, except when imposed as accessory
found guilty and to the additional penalty penalty); and
of prision mayor in its maximum period to (h) Suspension (6 m and 1 d to 6 y, except when
reclusion temporal in its minimum period. imposed as accessory penalty).

HABITUAL RECIDIVISM RULES:

DELINQUENCY
The crimes are Crimes belong to the Modifying Proper Period
specified. same title. Circumstances
Crimes are committed No time is fixed by law. 1. No MCs or ACs Medium
within 10 years. 2. Only MC Minimum
Offender must be Second conviction. 3. Only AC Maximum
found guilty the third 4. Some of both The court shall
time or oftener. MCs and ACs reasonably offset those
As an effect, an If not offset, it of one class against the
additional penalty is increases the penalty other according to their
imposed. to maximum period. relative weight.
5. Two (2) or The court shall impose
NOTE: Notwithstanding Article 62 provisions, the more MCs and the penalty next lower to
total of the two penalties to be imposed upon the no ACs that prescribed by law, in
offender shall in no case exceed 30 years. the period that it may
deem applicable,
ARTICLE 63: according to the number
APPLICATION OF INDIVISIBLE PENALTIES and nature of such
circumstances.
In all cases in which the law prescribes a single 6. Whatever may be the number and nature of
indivisible penalty, it shall be applied by the the aggravating circumstances, the courts
courts regardless of any mitigating or shall not impose a greater penalty than that
aggravating circumstances that may have prescribed by law, in its maximum period.
attended the commission of the deed.(Article 63,
7. Within the limits of each period, the court
par. 1, RPC).
shall determine the extent of the penalty
according to the number and nature of the
NOTE: Privileged MC is always applied.
aggravating and mitigating circumstances
NOTE: Article 63, par. 2 is useless now.
and the greater and lesser extent of the evil
produced by the crime.
ARTICLE 64:
APPLICATION OF DIVISIBLE PENALTIES
ARTICLE 65
SCOPE:
This article is applicable in cases in which the In cases in which the penalty prescribed by law is
penalties prescribed by law contain three not composed of three periods, the courts shall
periods, whether it be a single divisible penalty or apply the rules contained in the foregoing
composed of three different penalties, each one articles, dividing into three equal portions of time
of which forms a period in accordance with included in the penalty prescribed, and forming
Articles 76 and 77. one period of each of the three portions.

The following are DIVISIBLE Penalties: Example:

(a) Reclusion temporal (12 y and 1 d to 20 y)

77
In a prosecution for rape, the time included in the OTHERWISE: In the imposition of the penalties,
penalty of reclusion perpetua (20 years and 1 the order of their respective severity shall be
day to 40 years) can be divided into three equal followed so that they may be executed
portions, thus: successively or as nearly as may be possible,
should a pardon have been granted as to the
(a) Minimum: 20y & 1d – 26y & 8m penalty or penalties first imposed, or should they
(b) Medium: 26y & 8m & 1d – 34y & 4m have been served out.
(c) Maximum: 34y & 4m & 1d – 40y (People vs.
Lucas; May 25, 1994). The respective severity of the penalties shall be
determined in accordance with the following
ARTICLE 66: scale:
IMPOSITION OF FINES
1. Death,
RULES: 2. Reclusion perpetua,
1. The courts may fix any amount within the 3. Reclusion temporal,
limits established by law. 4. Prision mayor,
2. In fixing the amount in each case attention 5. Prision correccional,
shall be given, not only to the MCs and ACs, 6. Arresto mayor,
but more particularly to the wealth or means 7. Arresto menor,
of the culprit(Article 66, RPC). 8. Destierro,
9. Perpetual absolute disqualification,
NOTES: 10. Temporary absolute disqualification.
 If the law imposes a fixed amount of fine, the 11. Suspension from public office, the right
courts have no discretion. to vote and be voted for, the right to
 Relate this article to Article 75, RPC. follow a profession or calling, and
12. Public censure.
ARTICLE 67:
What penalties under the RPC can be
PENALTY FOR INCOMPLETE ACCIDENT
simultaneously served?
When not all of the requisites of accident are 1. Perpetual absolute disqualification;
present, the case becomes one of criminal 2. Perpetual special disqualification;
negligence, which may be reckless of simple, 3. Temporary absolute disqualification;
under Article 365, RPC. 4. Temporary special disqualification;
5. Suspension;
RULES: 6. Destierro;
If the culprit shall have been guilty of: 7. Public censure;
8. Fine, and bond to keep the peace;
(a) Grave Arresto mayorat its maximum 9. Civil interdiction; and
felony to prision correccional at its 10. Confiscation and payment of costs.
minimum
(b) Less Arresto mayor in its minimum THREE-FOLD RULE
grave and medium periods
felony The maximum duration of the convict's sentence
shall NOT be more than three times the length of
NOTE: Article 68 is amended by R.A. 9344 time corresponding to the most severe of the
penalties imposed upon him.
ARTICLE 70, as amended:
SUCCESSIVE SERVICE OF SENTENCE No other penalty to which he may be liable shall
be inflicted after the sum total of those imposed
GENERAL RULE: equals the same maximum period.
When the culprit has to serve two or more
penalties, he shall serve them simultaneously if Maximum period shall NOT exceed 40 years.
the nature of the penalties will so permit.
NOTES:

78
 The phrase "the most severe of the ARTICLE 73
penalties” includes equal penalties.
Whenever the courts shall impose a penalty
 The three-fold rule applies only when the which, by provision of law, carries with it other
convict has to serve at least four (4) penalties, according to the provisions of Articles
sentences. 40, 41, 42, 43 and 44, it must be understood that
the accessory penalties are also imposed.
 All the penalties, even if imposed by different
courts at different times, cannot exceed three ARTICLE 74
fold the most severe.
In cases in which the law prescribes a penalty
 The three-fold rule applies although the higher than another given penalty, without
penalties were imposed for different crimes, specially designating the name of the former, if
at different times, under separate such higher penalty should be that of death, the
informations (Torres vs. Superintendent; same penalty and the accessory penalties of
November 24, 1933). Article 40, shall be considered as the next higher
penalty.
 Subsidiary imprisonment forms part of the
penalty. ARTICLE 75:
INCREASING OR REDUCING FINE
 In applying the provisions of this rule the
duration of perpetual penalties (pena SCOPE:
perpetua) shall be computed at 30 years. This provision applies to fines that are NOT fixed
at an exact amount.
Different systems of penalty, relative to the
execution of two or more penalties imposed How is it applied?
on one and the same accused: Whenever it may be necessary to increase or
reduce the penalty of fine by one or more
1. Material Accumulation System: degrees, it shall be increased or reduced,
 No limitation whatever. respectively, for each degree, by ¼ of the
 Penalties for all the violations are to be maximum amount prescribed by law, without
imposed even if they reached beyond the changing the minimum.
natural span of human life.
The same rules shall be observed with regard of
2. Juridical Accumulation System: fines that do not consist of a fixed amount, but
 Limited to not more than three-fold the are made proportional.
length of time corresponding to the most
severe. NOTES:
 Penalties are in no case to exceed 40  When the law does not fix the minimum (only
years. maximum), the court can impose a fine not
exceeding the maximum.
3. Absorption System:  When the law imposes a maximum, or a
 The lesser penalties are absorbed by the maximum and minimum, the court can
graver penalties. impose an amount higher than the maximum.

ARTICLE 72: Example:

PREFERENCE IN PAYMENT OF If the fine prescribed is from P200 toP500, but
CIVIL LIABILITIES the felony is frustrated so that the penalty should
be imposed one degree lower, ¼ of P500 shall
The civil liabilities of a person found guilty of two be deducted there from. This is done by
or more offenses shall be satisfied by following deducting P125 from P500 leaving a difference
the chronological order of the dates of the of P375. To go another degree lower, P125 shall
judgments rendered against him, beginning with again be deducted from P375 and that would
the first in order of time. leave a difference of P250. Hence, the penalty
another degree lower is a fine ranging from P200

79
to P250. If at all the fine has to be lowered
further, it cannot go lower than P200. Under
Article 75, the court cannot change the minimum
of P200 (People vs. Rodriguez; March 2, 1911).

80
 ARTICLE 77:
COMPLEX PENALTY

When is it applicable?
It is applied in cases in which the law prescribes
a penalty composed of three distinct penalties.

RULE:
Each one (of the three distinct penalties) shall
form a period, the lightest of them shall be the
minimum, the next the medium, and the most
severe the maximum period.

Whenever the penalty prescribed does not have

one of the forms specially provided for in this
Code, the periods shall be distributed, applying
by analogy the prescribed rules.

Example:
Treason by a resident alien (Article 114) is
punishable with the penalty of reclusion temporal
to death, where:

(a) Maximum: Death

(b) Medium: Reclusion perpetua; and
(c) Minimum: Reclusion temporal.

NOTE: See discussion on the Indeterminate

Sentence Law (Act No. 4103, as amended) in
the Special Penal Laws section.

81
 EXECUTION AND SERVICE Article 80 is repealed by P.D. 603(Child and
OF PENALTIES Youth Welfare Code)

ARTICLE 78: Articles 81-85 pertaining to execution of death

WHEN AND HOW PENALTY IS EXECUTED penalty is suspended by virtue of R.A. 9346.

No penalty shall be executed except by virtue of ARTICLE 86

a final judgment.
The penalties of reclusión perpetua, reclusión
A penalty shall not be executed in any other form temporal, prisión mayor, prisión correccional, and
than that prescribed by law, nor with any other arresto mayor, shall be executed and served in
circumstances or incidents than those expressly the places and penal establishments provided by
authorized thereby. the Administrative Code in force or which may be
provided by law in the future.
NOTES:
 In addition to the provisions of the law, the ARTICLE 87:
special regulations prescribed for DESTIERRO
government penal institutions shall be
observed with regard to: Destierro consists in the prohibition on the
(a) Character of the work to be performed, convict to enter the place or places designated in
time of its performance, and other the sentence, nor within the radius therein
incidents connected therewith, specified, which shall not more than 250 and be
(b) Relations of the convicts among not less than 25 kilometers from the place
themselves and other persons, designated.
(c) Relief which they may receive, and
(d) Their diet. DESTIERRO WHEN IMPOSED:
Destierro is imposed in the following crimes –
 The regulations shall make provision for the 1. Serious physical injuries or death under
separation of the sexes in different exceptional circumstances (Article 247);
institutions, or at least into different 2. Failure to give bond for good behavior;
departments, and also for the correction and 3. As penalty for the concubine in
reform of the convicts. concubinage(Article 334); and
4. In cases where after reducing the penalty by
ARTICLE 79: one or more degrees, destierro is proper.
SUSPENSION OF SENTENCE IN CASE OF
INSANITY OR IMBECILITY ARTICLE 88:
ARRESTO MENOR
Effect of Insanity or Imbecility after Judgment
or During Service of Sentence: The penalty of arresto menor shall be served in
When a convict shall become insane or an the municipal jail, or in the house of the
imbecile after final sentence has been defendant himself under the surveillance of an
pronounced or while he is serving sentence, the officer of the law, when the court so provides in
execution of said sentence shall be suspended its decision, taking into consideration the health
only with regard to the personal penalty. of offender and other reasons satisfactory to it.

 The court shall order his confinement in one NOTE: See discussion on the Probation Law
of the hospitals or asylums established for (P.D. 968) in the SPL section.
persons thus afflicted, which he shall not be
permitted to leave without first obtaining the
permission of the same court. NOTE: See discussion on Juvenile Justice and
Welfare Act (R.A. 9344) inSPL section.
If at any time the convict shall recover his
reason, his sentence shall be executed, unless
the penalty shall have prescribed.

82
 TITLE FOUR: trial but have not yet been convicted. It
MODIFICATION AND EXTINCTION completely extinguishes the penalty and
OF CRIMINAL LIABILITY all its effects. It erases not only the
conviction but also the crime itself.
 It should be one that completely
ARTICLE 89: extinguishes penalty and all its effects.
TOTAL EXTINCTION OF  But, civil liability is NOT extinguished.
CRIMINAL LIABILITY
4. ABSOLUTE PARDON
NOTE: Extinction of criminal liability does not
extinguish civil liability (Petralba vs. Pardon is an act of grace, proceeding from
Sandiganbayan; August 6, 1991). the power entrusted with the execution of the
laws, which exempts the individual on whom
GROUNDS FOREXTINCTION: it is bestowed from the punishment the law
DSA – P(OC) – P(CP) – MR inflicts for the crime he has committed.
1. DEATH OF THE CONVICT (a) Pardon by Offended Party
(a) Personal penalties are totally (See discussion on Article 23)
extinguished.
NOTE: Technically, this is only a bar to
NOTE:Death, whether before or after prosecution.
final judgment, extinguishes criminal
liability. (b) Pardon by Chief Executive
(See discussion on Article 36)
(b) Pecuniary penalties or liability therefor is
extinguished only when the death of the
PARDON BY
offender occurs before final judgment. PARDON BY THE
THE CHIEF
OFFENDED PARTY
EXECUTIVE
DEATH PENDING APPEAL
It can extend to Applies only to
GENERAL RULE:Death of the accused any crime, unless crimes against
pending appeal of his conviction otherwise chastity under the
extinguishes his criminal liability as well provided by or is RPC and rape.
as the civil liability based solely on the subject to
offense committed. conditions in the
Constitution or
EXCEPTION:The claim on civil liability laws.
survives notwithstanding the death of the It extinguishes It does NOT
accused, if the same may be predicated criminal liability. extinguish criminal
on a source of obligation other than liability but may
delict, such as law, contracts, quasi- constitute a bar to the
contracts, and quasi-delicts(People vs. prosecution of the
Bayotas; September 2, 1994). offender in seduction,
abduction and acts of
2. SERVICE OF THE SENTENCE lasciviousness of the
 Service of sentence does not extinguish victim and the
civil liability (Salgado vs. Court of offender, and in
Appeals; August 30, 1990). adultery and
concubinage, by the
3. AMNESTY express or implied
 Amnesty is an act of sovereign power pardon by the
granting oblivion or a general pardon for offended spouses.
a past offense, and is rarely, if ever, It cannot affect the The offended party
exercised in favor of a single individual, civil liability ex can waive the civil
and is usually exerted in behalf of certain delicto of the liability.
classes of persons, who are subject to

83
 offender.
5. PRESCRIPTION OF THE CRIME
To any or all of the In seduction,
It is the forfeiture or loss of the right of the
accused. abduction and acts of
State to prosecute the offender after the
lasciviousness, it
lapse of a certain time.
benefits the co-
principals,
accomplices and ARTICLES 90 AND 91:
accessories. PRESCRIPTION OF CRIMES

In adultery and IMPOSABLE PRESCRIPTIVE

concubinage, it must PENALTY PERIOD
include both Death, reclusión 20 years
offenders. perpetua, or reclusión
It may be absolute It cannot be validly temporal
or conditional. be made subject to a Other afflictive 15 years
condition. penalties
Correctional penalties 10 years
NOTE: A pardon is in the nature of a deed, (other than arresto
for the validity of which delivery is an mayor)
indispensable requisite. Until accepted, all Arresto Mayor 5 years
that may have been done is a matter of Libel 1 years
intended favor and may be cancelled. But Oral defamation and 6 months
once accepted by the grantee, the pardon slander by deed
cannot be revoked by the granting authority.
Light offenses 2 months
PARDON AMNESTY
NOTE: When the penalty fixed by law is a
It includes any It is a blanket compound one the highest penalty shall be
crime and is pardon to classes of made the basis of the application of the rules
exercised persons or in this article.
individually by the communities who
President. may be guilty of PRECRIPTIVE PERIODS FOR CRIMES
political offenses. PUNISHABLE BY FINES
It is exercised when It may be exercised
a person is already even before trial or NATURE OF FINE PRESCRIPTION
convicted. investigation is had. Afflictive 15 years
It looks forward. It looks backward. Correctional 10 years
It does not work the It obliterates the Light 2 months
restoration of rights offense with which
to hold public office he is charged that NOTES:
or the right to the person released  The subsidiary penalty for nonpayment
suffrage, unless by amnesty stands of the fine should not be considered in
such rights be before the law determining the period of prescription of
expressly restored precisely as though the crimes.
by the terms of he had committed
pardon. no offense.  Since light felony is specifically defined in
It does not alter the It makes an ex- Article 9 as an infraction of the law for
fact that an convict no longer a the commission of which the penalty of
offender is a recidivist. arresto menor or a fine not exceeding
recidivist. P200, or both, is provided, a fine of P200
It must be pleaded It is a public act of provided for a light felony should not be
and proved by the which the courts considered correctional.
person pardoned. should take judicial
notice.

84
 PRESCRIPTION OF OFFENSES UNDER lesser offense had already prescribed at
SPECIAL LAWS AND ORDINANCES the time the information was filed.

Prescription shall begin to run from the day

of the commission of the violation of the law, 6. PRESCRIPTION OF THE PENALTY
and if the same be not known at the time, It is the loss or forfeiture of the right of the
from the discovery thereof and the institution government to execute the final sentence,
of judicial proceedings for its investigation after the lapse of certain time.
and punishment (Sec. 2, Act No. 3326).
ARTICLES 92 and 93:
IMPOSABLE PENALTY PERIOD PRESCRIPTION OF PENALTIES
Imprisonment of 12 years
6 years or more IMPOSABLE PRESCRIPTIVE
PENALTY PERIOD
Imprisonment of 2 years 8 years
but less than 6 years Death, reclusión 20 years
perpetua
Offenses under NIRC 5 years
Other afflictive 15 years
Imprisonment of over 1 4 years penalties
month but less than 2
years Correctional penalties 10 years
(except arresto mayor)
Fine or imprisonment of 1 year
not over 1 month or both Arresto mayor 5 years
Violation of municipal 2 months Light penalties 1 year
ordinances
Computing Prescription of Penalties:
Computing Prescription of Crimes: The period of prescription of penalties shall
Prescription commences to run from the day commence to run from the date when the
on which the crime is discovered by the culprit should evade the service of his
offended party, the authorities, or their sentence.
agents.
It shall be INTERRUPTED if:
It shall be INTERRUPTED by: (a) Defendant should give himself up;
(a) The filing of the complaint or information, (b) Defendant is captured
and shall commence to run again when (c) Defendant should go to some foreign
such proceedings terminate without the country with which this Government has
accused being convicted or acquitted, or no extradition treaty, or
are unjustifiably stopped for any reason (d) Defendant should commit another crime
not imputable to him (Article 91, RPC); before the expiration of the period of
and prescription (Article 93, RPC).
(b) The absence of the accused from the
Philippine Archipelago. NOTE: When the penalty fixed by law is a
compound one, the highest penalty shall be
NOTES: made the basis of the application of the
 If the amendment is made after the rules.
prescriptive period, distinction must be
made between the original complaint and 7. MARRIAGE of the offended woman with the
the different act complained of. If it is offender in the crimes of seduction,
merely a correction of a defect, the date abduction, acts of lasciviousness and rape,
of the original complaint or information as provided in Article 344, RPC.
should be considered(LTB vs. Ramos,
August 9, 1934).  The marriage must be contracted in good
faith. Marriage contracted only to avoid
 The accused cannot be convicted of an criminal liability is devoid of legal effects
offense lesser than that charged if the (People vs. Santiago; October 18, 1927).

85
8. Express and total REPEAL.

86
 ARTICLE 94: minimum term of indeterminate penalty,
PARTIAL EXTINCTION OF without granting a pardon, prescribing the
CRIMINAL LIABILITY terms upon which the sentence shall be
suspended.
GROUND FOR PARTIAL EXTINCTION:
Conviction is NOT necessary to revoke
 CONDITIONAL PARDON parole. The mere commission, not conviction
Conditional pardon delivered and accepted is by the court, of any crime is sufficient to
considered a contract between the sovereign warrant parolee’s arrest.
power of the executive and the convict that
the former will release the latter upon CONDITIONAL PAROLE
compliance with the condition. PARDON
It is given at any It is given after the
 COMMUTATION OF THE SENTENCE time after final prisoner has
It is the change of the decision of the court judgment. served the
made by the Chief Executive by reducing the minimum penalty.
degree of the penalty inflicted upon the It is granted by the It is granted by the
convict, or by decreasing the length of the Chief Executive Board of Pardons
imprisonment or the amount of the fine. under the provisions and Parole under
of the the provisions of
In commutation of sentence, consent of the Administrative the ISL.
offender is NOT necessary. The public Code.
welfare, not his consent, determines what In case of violation, In case of
shall be done (Biddle vs. Perovich, 274 U.S. the convict may be violation, the
480). ordered rearrested convict can be
or reincarcerated by rearrested or
 GOOD CONDUCT ALLOWANCES the Chief Executive, reincarcerated to
Allowances for good conduct are deductions or may be serve the unserved
from the term of the sentence for good prosecuted under portion of his
behavior while serving sentence. Article 159, RPC. original penalties.

IMPRISONMEN DEDUCTION  PROBATION

T (See discussion on Probation Law)
First 2 years 5 days for each
month of good
behavior
3 – 5 years 8 days for each
month of good
behavior
6 – 10 years 10 days for each
month of good
behavior
11 years and so 15 days for each
on month of good
behavior

NOTE: It is the Director of Prison who grants

the allowances for good conduct.

 PAROLE
(See discussion on Parole under ISLaw)

Parole consists in the suspension of the

sentence of a convict after serving the

87
 TITLE FIVE: ARTICLE 104:
CIVIL LIABILITY WHAT IS INCLUDED IN CIVIL LIABILITY

TWO CLASSES OF INJURIES: 1. Restitution;

1. SOCIAL INJURY 2. Reparation of the damage caused;
It is produced by the disturbance and alarm 3. Indemnification for consequential damages.
which are the outcome of the offense;
ARTICLE 105:
2. PERSONAL INJURY RESTITUTION
It is caused to the victim of the crime who
may have suffered damage, either to his The restitution of the thing itself must be made
person, to his property, to his honor, or to her whenever possible, with allowance for any
chastity. deterioration, or diminution of value as
determined by the court.
NOTE: The social injury is sought to be repaired
through the imposition of the corresponding The thing itself shall be restored, even though it
penalty; while the personal injury is through be found in the possession of a third person who
indemnity, which is civil in nature. has acquired it by lawful means, saving to the
latter his action against the proper person, who
ARTICLE 100: may be liable to him.
CIVIL LIABILITY OF A GUILTY PERSON
This provision is NOT applicable in cases in
GENERAL RULE: which the thing has been acquired by the third
Every person criminally liable for a felony is also person in the manner and under the
civilly liable. requirements which, by law, bar an action for its
recovery.
Basis: The obligation of everyone to repair
or make whole the damage caused to ARTICLE 106:
another by reason of his act or omission, REPARATION
whether done intentionally or negligently and
whether or not punishable by law (Occena Reparation will be ordered by the court if
vs. Icanima; January 22, 1990). restitution is not possible.

EXCEPTION: The court shall determine the amount of damage,

There is no civil liability in victimless crimes taking into consideration the price of the thing,
(such as flight to enemy country). whenever possible, and its special sentimental
value to the injured party, and reparation shall be
Although the accused is not held criminally made accordingly.
liable, civil liability may exist in cases of:
1. Acquittal on reasonable doubt; NOTE: It refers generally to crimes against
2. Acquittal from a cause of non-imputability; property.
3. Acquittal in the criminal action for negligence;
and ARTICLE 107:
4. When there is only civil responsibility. INDEMNIFICATION FOR DAMAGES

ARTICLES 102 & 103 It includes not only those caused the injured
party, but also, those suffered by his family or by
NOTE: The provisions of the RPC on subsidiary a third person by reason of the crime.
liability in Articles 102 and 103 are deemed
written into the judgments in cases to which they NOTE: It is ordinarily the remedy granted to the
are applicable. Thus, in the dispositive portion of victims of crimes against persons.
its decision, the trial court need not expressly
pronounce the subsidiary liability of the
employer.

88
 ARTICLE 107: against that of the accomplices, and, lastly,
INDEMNIFICATION against that of the accessories.

INDEMNITY Whenever the liability in solidum or the

It is a remedy granted to the victims of crimes subsidiary liability has been enforced, the person
against persons; reparation, to the victims of by whom payment has been made shall have a
crimes against property. right of action against the others for the amount
of their respective shares.
Effect of R.A 9346 on the Civil Indemnity for
Heinous Crimes: ARTICLE 111:
OBLIGATION TO MAKE RESTITUTION
The debarring of the death penalty through R.A. IN CERTAIN CASES
9346 did NOT correspondingly declassify those
crimes previously catalogued as “heinous.” The Any person who has participated gratuitously in
amendatory effects of R.A. 9346 extend only to the proceeds of a felony shall be bound to make
the application of the death penalty but not to the restitution in an amount equivalent to the extent
definition or classification of crimes. of such participation.

ARTICLE 108: ARTICLE 112:

UPON WHOM THE OBLIGATION TO MAKE EXTINCTION OF CIVIL LIABILITY
RESTORATION, REPARATION OR
INDEMNIFICATION DEVOLVES Civil liability is extinguished by:
1. Payment or performance;
The obligation to make restoration or reparation 2. Condonation or remission of the debt;
for damages and indemnification for 3. Confusion or merger of the rights of the
consequential damages devolves upon the heirs creditor and debtor;
of the person liable. 4. Compensation;
5. Novation;
The action to demand restoration, reparation, 6. Other causes of extinguishment of
and indemnification likewise descends to the obligations such as annulment, rescission,
heirs of the person injured. fulfillment of a resolutory condition; and
7. Prescription.
ARTICLE 109
SHARE OF EACH PERSON CIVILLY LIABLE NOTES:
 Civil liability in criminal cases is NOT
If there are two or more persons civilly liable for a extinguished by the subsequent loss of the
felony, the courts shall determine the amount for thing due because the Court will order
which each must respond. reparation in such cases.

ARTICLE 110:  Civil liability is extinguished by subsequent

SEVERAL AND SUBSIDIARY LIABILITY OF agreement between the accused and the
PRINCIPALS, ACCOMPLICES AND offended party. (People vs. Vda. Del Marte;
ACCESSORIES OF A FELONY; 1969).
PREFERENCE IN PAYMENT
Subsidiary Civil Liability of Employers under
Notwithstanding the provisions of the next Article 103, RPC:
preceding article, the principals, accomplices, This liability is enforceable in the same criminal
and accessories, each within their respective proceeding where the award is made. However,
class, shall be liable severally (in solidum) before execution against an employer ensues,
among themselves for their quotas, and there must be a determination. A hearing is set
subsidiaries for those of the other persons liable. for the purpose of determining:
1. The existence of an employer-employee
The subsidiary liability shall be enforced, first relationship;
against the property of the principals; next, 2. That the employer is engaged in some kind
of industry;

89
3. That the employee is adjudged guilty of the
wrongful act and found to have committed
the offense in the discharge of his duties not
necessarily any offense he commits “while”
in the discharge of such duties; and
4. That said employee is insolvent. (Basilio vs.
Court of Appeals; 328 SCRA 341).

NOTE: Due diligence in the selection and

supervision of employees is NOT a defense on
the part of the employer and may not free the
latter form subsidiary liability for the employee’s
civil liability in a criminal action.

ARTICLE 113:
OBLIGATION TO SATISFY CIVIL LIABILITY

Except in case of extinction of his civil liability as

provided in the next preceding article the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact that
he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence or
any other reason.

90
91
 BOOK TWO
TITLE ONE: However, prosecution
CRIMES AGAINST NATIONAL SECURITY can be made only
AND THE LAW OF NATIONS when the offender is
within Philippine
territory, or brought to
ARTICLES CRIMES
the Philippines in lieu
114 Treason of extradition treaty.
115 Conspiracy and proposal to
commit treason NOTE: Crimes against national security should
116 Misprision of treason be committed during a state of war except for:
117 Espionage
1. Espionage;
118 Inciting to war or giving
2. Inciting to war or giving motives for reprisal;
motives for reprisals
3. Violation of neutrality; and
119 Violation of neutrality 4. Piracy and mutiny.
120 Correspondence with
hostile country ARTICLE 114:
121 Flight to enemy country TREASON
122 Piracy in general and
mutiny on the high seas Treason is breach of allegiance to a government
committed by a person who owes allegiance to it.
123 Qualified piracy
ELEMENTS: F L A W
Crimes against Crimes against the 1. The offender is a Filipino citizen or an alien
National Security Law of Nations residing in the Philippines
Crimes covered 2. There is a war in which the Philippines is
1. Treason; 1. Inciting to war, or involved
2. Conspiracy and giving motives for 3. The offender either:
proposal to reprisals; (a) Levies war against the government; or
commit treason; 2. Violation of (b) Adheres to the enemies, giving them aid
3. Misprision of neutrality; or comfort
treason; 3. Correspondence
4. Espionage; and with hostile NOTES:
5. Terrorism and country;  Treason absorbs crimes committed in
conspiracy to 4. Flight to enemy’s furtherance thereof (e.g. murder, homicide,
commit terrorism. country; physical injuries, arson, or other common
5. Piracy; and crimes). Treason CANNOT be complexed
6. Mutiny. with other crimes.
Application
 Treason is a continuing crime. Even if the
They have They are considered
offender commits several acts of treason, he
extraterritorial crimes against
can only be charged with one count of
application. If the humanity. Thus, the
treason. All such acts constitute a single
crimes are committed accused can be
offense.
outside of Philippine prosecuted wherever
territory, the offenders and whenever he
 Mere attempt of committing treason
can be charged and may be found
consummates the crime. It matters not how
prosecuted before (Estrada, Abellardo.
vain and futile the attempt was and how
Philippine courts Criminal Law Book 2,
impossible the accomplishment thereof.
(Article 2, par. 5). 2011 ed.).

92
TWO MODES OF COMMITTING TREASON: NPA, being Filipinos, are not
1. Levying war against the government considered enemies for
purposes of treason).
REQUISITES:
(a) There must be an actual assembly of  “Enemy” in Article 114 is a foreign
men country (U.S. v. Lagnayon; March 28,
(b) For the purpose of executing a 1904) for this article treats of
treasonable design by force. circumstances of war. It CANNOT refer
to rebels under Article 135 on rebellion
NOTES: and insurrection, which are acts against
 The offender must collaborate with the the government by its own citizens.
enemy state to hand over the
government to the said enemy. NOTE: Both adhering and giving aid must
 The levying of war must be with the concur to become treason.
intent to overthrow and destroy the
established government, not merely to TWO WAYS TO PROVE TREASON:
resist a particular statute or to repel a
particular officer. 1. TWO-WITNESS RULE
 If the levying of war is merely a civil It is also called “severely restrictive rule.”
uprising, without any intention of helping
an external enemy, the crime is not This requires testimony of two (2) witnesses
treason. The offenders may be held to the same overt act of giving aid or comfort.
liable for rebellion under Article 135 in  If the overt act is separable, there must
relation to Article 134. be two witnesses to each part thereof.

2. Adhering to the enemy by giving them aid  The testimonies must corroborate each
or comfort other to the same act.

“Adherence to the enemy” means intent to  The testimonies must be direct evidence,
betray. not mere circumstantial evidence.

 Adherence:  The defendant should be acquitted if only

It is where a person intellectually and one of two witnesses is believed by
emotionally favors the enemy. It is an court.
internal state of mind manifested by overt
acts of giving aid or comfort to the Reason: The special nature of the crime of
enemy. treason requires that the accused be
afforded special protection not required in
Adherence may be proved: other cases to avoid miscarriage of justice.
(a) By one witness;
(b) From the nature of the act itself; or 2. CONFESSION OF GUILT
(c) From the circumstances surrounding It must be made in open court (Article 114,
the act. par. 2; see also Sec. 4, Rule 133, ROC).

 “Aid or comfort” means that NOTES:

which will strengthen the  Extrajudicial confession or confession
defense of the enemy or which made before the investigators is NOT
will weaken the defense of the sufficient to convict a person of treason.
government (e.g. giving
supplies, information, arms, and  The confession requires a confession of
means of transportation). guilt. It means pleading guilty in open
court that is, before the judge while
 “Enemy” refers to the citizens or actually hearing the case. It is not only
subjects of the country at war an admission of facts made by the
with the Philippines (Thus, the accused in giving his testimony after a

93
 plea of not guilty, from which admissions levy war against the against the
of his guilt can be inferred (U.S. vs. Government or to Government or to
Magtibay; October 27, 1903). adhere to the adhere to the
enemies and to give enemies and to give
NOTES: them aid or comfort, them aid or comfort,
 Cruelty and ignominy are aggravating and decide to commit proposes its
circumstances in treason. it (Articles 8 and 114). execution to some
other person or
 Evident premeditation, treachery and persons (Articles 8
superior strength are inherent in treason and and 114).
therefore, not aggravating circumstances in
treason. ELEMENTS OF CONSPIRACY: W A D
1. There is war in which Philippines is involved;
 Murder and physical injuries were inherent in 2. At least two persons come to an agreement
the crime of treason characterized by the to:
giving of aid and comfort to the enemy (a) Levy war against the government; or
(People vs. Prieto; January 29, 1948). (b) Adhere to the enemies by giving them
aid or comfort.
 There can be no treason through negligence. 3. They decide to commit it.
The overt act of aid and comfort must be
intentional, as distinguished from merely ELEMENTS OF PROPOSAL: War D’ Pro
negligent or undersigned ones (Cramer vs. 1. There is war in which Philippines is involved.
U.S.; April 23, 1945). 2. The accused has decided to:
(a) Levy war against the government; or
DEFENSES IN TREASON: (b) Adhere to the enemies by giving them
 Duress; and aid or comfort.
 Lawful obedience to a de facto government. 3. He proposes its execution to some other
person or persons.
NOTE: However, the defenses of suspended
allegiance, change of sovereignty, or loss of NOTES:
citizenship are NOT acceptable because  The proposal must NOT be accepted, for the
sovereignty is not suspended in times of war. moment the proposal is accepted, there now
What is suspended is only the exercise thereof. becomes a conspiracy.
Hence, the allegiance of a citizen is not  What the law punishes is the mere proposal
abrogated by the enemy occupation. to commit treason. The acceptance of the
proposal is NOT necessary (Estrada, supra.).
TREASON REBELLION
Levying of war must The levying of war by  No proposal to commit treason where:
be in collaboration civil uprising without (a) Person who proposes to commit treason
with a foreign enemy. any intention of has not decided to commit the felony;
helping an external (b) There is no decided concrete proposal;
enemy. or
(c) It is not the execution of treason which
It is a crime against It is a crime against was proposed.
national security. public order.
NOTE:
ARTICLE 115:  The two-witness rule does NOT apply to
CONSPIRACY AND PROPOSAL conspiracy or proposal to commit treason,
TO COMMIT TREASON because this is a separate and distinct
offense from that of treason. (U.S. vs.
CONSPIRACY PROPOSAL Bautista; November 3, 1906).
It is committed when It is committed when
in time of war, two or in time of war, a  The crime of treason is already
more persons come person who has consummated the moment the proposal or
to an agreement to decided to levy war conspiracy to commit treason is accepted.

94
 The conspiracy or proposal is then
considered merely as means in the  The report can be made to any person in
commission thereof. authority having equivalent jurisdiction to
that of a governor or fiscal of the province
ARTICLE 116: or the mayor or fiscal of the city or
MISPRISON OF TREASON municipality where the person who should
make the report resides.
ELEMENTS: A K Co
1. The offender must be owing allegiance to ARTICLE 117:
the government and not a foreigner. ESPIONAGE
2. He has knowledge of any conspiracy (to
commit treason) against the government. Espionage is the offense of gathering,
3. He conceals or does not disclose and make transmitting, or losing information with respect
known the same as soon as possible to the to the national defense, with intent or reason to
governor or fiscal of the province or the believe that the information is to be used to the
mayor or fiscal of the city which he resides. injury of the Republic of the Philippines or to the
advantage of any foreign nation.
NOTES:
 Misprision of treason is a separate and NOTE: There is no such crime as attempted
distinct offense from the crime of treason. espionage of frustrated espionage.

 Misprision of treason CANNOT be TWO WAYS OF COMMITTING ESPIONAGE:

committed by foreigners or resident aliens.
1. By ENTERING, WITHOUT AUTHORITY, a
 Article 116 does NOT apply when the crime warship, fort, or naval or military
treason is already committed by someone establishment or reservation to OBTAIN
and the accused does not report its any information, plans, photographs or
commission to the proper authority. other data of a confidential nature
relative to the DEFENSE of the
 Article 116 is an exception to the rule that Philippines.
“mere silence does not make a person
criminally liable.” ELEMENTS: E N O
1. Offender enters any of the places
 The penalty imposed for misprision of mentioned above;
treason is equivalent to that of an 2. He has no authority therefor; and
accessory to the crime of treason. BUT, this 3. His purpose is to obtain any
does not mean that offender is, legally information, plans, photographs or
speaking, an accessory to the crime of other data of a confidential nature
treason, because he is already a principal relative to the defense of the
in the crime of misprision of treason. It Philippines
simply means that the penalty imposed is
that of an accessory to the crime of treason. NOTES:
 Under the first mode the offender is any
 Exemption by relationship under Article 20 person, whether a citizen or a foreigner,
does NOT apply in misprision of treason. private individual or a public officer.
Whether the conspirators are parents or
children, and the ones who learn of the  It is not necessary that the information,
conspiracy is a parent or child, they are still etc. is obtained. It is sufficient that he
required to report the same. has the purpose to obtain any of them
when he entered a warship, fort or
Reason: Love of country is superior to naval or military establishment.
blood relationship. Article 20 applies only to
accessories, but persons charged of 2. By DISCLOSING to the
misprision of treason are principals, not REPRESENTATIVE of a FOREIGN
accessories. NATION the contents of the articles,

95
 data or information referred to in ELEMENTS: P Pro
paragraph no. 1 of Article 117, which he 1. The offender performs unlawful or
had IN HIS POSSESSION by reason of unauthorized acts; and
the public office he holds. 2. The acts provoke or give occasion for a war
involving or liable to involve the Philippines
ELEMENTS: PP D or expose Filipino citizens to reprisals on
1. Offender is a public officer; their persons and property
2. He has in his possession the articles, data
or information referred to in par. 1, Article NOTES:
117 by reason of the public office he holds;  Inciting to war or giving motives for reprisals
and is committed in times of peace.
3. He discloses their contents to a
representative of a foreign nation.  The intention of the offender is immaterial.
The law considers the effects produced by
COMMONWEALTH ACT NO. 616 the acts of the accused.
(An Act to Punish Espionage and Other
Offenses against National Security)  The penalty is higher when committed by a
public officer or employee.
OTHER ACTS OF ESPIONAGE:
1. Unlawfully obtaining or permitting to be REPRISAL
obtained information affecting national It is any kind of forcible or coercive measure
defense (Section 1); whereby one State seeks to exercise a deterrent
2. Unlawful disclosing information affecting effect or to obtain redress or satisfaction, directly
national defense (Section 2); or indirectly, for consequences of the illegal acts
3. Disloyal acts or works in time of peace of another State which has refused to make
(Section 3); amends for such illegal conduct.
4. Disloyal acts or words in time of war
(Section 4); Reprisal is resorted to for the purpose of settling
5. Conspiracy to violate preceding sections a dispute or redressing a grievance without going
(Section 5); to war. Reprisals are not limited to military action.
6. Harboring or concealing violators of the law It could be economic reprisals or denial of entry
(Section 6); into their country.
7. Photographing, etc., from aircraft (Sec. 7);
8. Reproducing, publishing, selling, etc.,
uncensored copies (Section 10); Examples:
9. Destroying or injuring or attempting to injure  Raising, without sufficient authorization, of
or destroy war material in time of war troops within the Philippines for the service of
(Section 11); a foreign nation against another nation
10. Injuring or destroying national defense  Public destruction of the flag or seal of a
material, premises, or utilities (Section 13) foreign state or the public manifestations of
11. Making or causing to be made in a hostility to the head or ambassador of
defective manner, or attempting to make or another state
cause to be made in a defective manner,
national defense material (Section 14). ARTICLE 119:
VIOLATION OF NEUTRALITY
NOTE: Espionage is a crime NOT conditioned
by the citizenship of the offender (Santos vs. ELEMENTS:
Misa; March 28, 1946). This is also true as 1. There is a war in which the Philippines is not
regards treason, in view of the amendment to involved.
Article 114. 2. There is a regulation issued by a competent
authority for the purpose of enforcing
ARTICLE 118: neutrality.
INCITING TO WAR OR GIVING 3. Offender violates such regulation.
MOTIVES FOR REPRISALS

96
Neutrality subsists where a nation or power 2. The offender intended to aid the enemy.
takes no part in a contest of arms going on
between others. It is a status created under NOTE:
international law, by means of a stand on the part  If the offender intended to aid the enemy of
of a state not to side with any of the parties at giving such notice or information, the crime
war. amounts to treason; hence, the penalty is the
same as that of treason.
Basis: The Philippines does not have any
intention to side with or be against any of the PROBLEM:
warring countries. Japan invaded the Philippines. Bataan had fallen
in the hands of Japanese soldiers. The Philippine
ARTICLE 120: government prohibited communication or
CORRESPONDENCE WITH correspondence with any person in Bataan. X
HOSTILE COUNTRY writes to Y who is in Bataan. Is X liable for
correspondence with a hostile country?
ELEMENTS: War Co (PCN)
1. It is made during a war in which the ANSWER:
Philippines is involved. Yes. The implication is that when a person
2. Offender makes correspondence with an communicates with another in an enemy country
enemy country or territory occupied by the or territory occupied by the enemy, information
enemy troops. useful to the enemy might be passed or
3. The correspondence is either: transmitted (Estrada, supra.).
(a) Prohibited by the government;
(b) Carried on in ciphers or conventional ARTICLE 121:
signs; or FLIGHT TO ENEMY’S COUNTRY
(c) Containing notice or information which
might be useful to the enemy. ELEMENTS: W A A P
1. There is a war in which Philippines is
NOTES: involved;
 Correspondence is communication by 2. The offender must be owing allegiance to the
means of letters; or it may refer to the letters government;
which pass between those who have friendly 3. The offender attempts to flee or go to enemy
or business relations. country; and
4. Going to enemy country is prohibited by
 The correspondence contemplated in this competent authority.
article is addressed to officials of the enemy
country, not those for private individuals NOTES:
therein.  Allegiance contemplated in this article is
either permanent or temporary allegiance.
 Even if the correspondence contains Hence, it can be committed by an alien
innocent matters, if the correspondence is resident.
prohibited by the government, it is
punishable because of the possibility that the  Mere attempt to flee or go to enemy country
information useful to the enemy might be consummates the crime.
revealed unwittingly.
 There must be prohibition by competent
 Prohibition by the government is NOT authority. If there is none, even if one went to
essential in pars. 2 (ciphers, etc.) and 3 an enemy country, there is no crime.
(information that might be useful to the
enemy). ARTICLE 122:
PIRACY IN GENERAL AND MUTINY ON THE
Circumstances Qualifying the Offense HIGH SEAS OR IN PHILIPPINE WATERS
The following must concur together:
1. The notice or information might be useful to
the enemy; and PIRACY

97
 state, or in the archipelagic waters of an
It involves robbery or forcible depredation on the archipelagic state. (UNCLOS).
high seas, without lawful authority and done with
animus furandi (intention to steal) and in the spirit  Jurisdiction over piracy committed in the high
and intention of universal hostility. seas is with any court where offenders are
found or arrested. The jurisdiction of piracy,
THREE KINDS OF PIRACY: unlike all other crimes, has no territorial limit.
1. Piracy under Article 122 (NOTE: The situs of
piracy under Article 122 is in Philippine  Piracy is an exception to the rule on
waters or on the high seas, whether the territoriality in criminal law. The same
vessel is anchored or moving); principle applies even if offenders were
2. Piracy in Philippine waters (P.D. 532, as charged not with a violation of qualified
amended by R.A. 7659); and piracy under the Code but under a special
3. Air piracy (R.A. 6235). law, P.D. 532 which penalizes piracy in
Philippine waters. (People v. Catantan;
ELEMENTS OF PIRACY (Article 122): 1997).
1. A vessel is on the high seas or in Philippine
waters; NOTE: See discussion on Anti-Piracy and Anti-
2. The offenders are not members of its Highway Robbery Law (P.D. 532) under the
complement or passengers of the vessel; Special Penal Laws.
3. The offenders (a) attack or seize that vessel;
OR (b) seize the whole or part of the cargo of
said vessel, its equipment or personal PIRACY under PIRACY under
belongings of its complement or passengers. P.D. 532 Article 122
4. There is intent to gain. Culprit is any person Pirates are not crew
and includes the members or
ELEMENTS OF PIRACY (Sec. 2(d), P.D. 532): crew members or passengers; they are
1. Any attack upon or seizure of any vessel, or passengers. ‘outsiders’
the taking away of the whole or part thereof The situs is The situs includes the
or its cargo, equipment, or the personal Philippine waters. high seas and
belongings of its complement or passengers, Philippine waters.
irrespective of the value thereof.
There is legal There is no
2. The attack, seizure, or taking was committed
presumption of presumption of
by means of violence against or intimidation
abetting brigandage abetting and abettors
of persons or force upon things.
and the abettors are are accessories,
3. Offender can be any person, including a
penalized as unless charged as
passenger or member of the complement of
accomplices. principal for fencing,
said vessel.
the essence of piracy
4. The vessel is in Philippine waters.
being robbery.
TWO MODES OF COMMITTING PIRACY: Qualifying Qualifying
1. By attacking or seizing a vessel on the high circumstances circumstances are
seas or in Philippine waters; and include crimes other limited to murder,
2. By seizing in the vessel while on the high than murder, homicide, rape, and
seas or in Philippine waters the whole or part homicide, rape, and physical injuries
of its cargo, its equipment or personal physical injuries. besides abandonment
belongings of its complement or passengers. of victims and firing
upon or boarding
NOTES: vessel.
 “High seas” means any waters on the sea
coast which are without the boundaries of the MUTINY
low water mark although such waters may be
in the jurisdictional limits of a foreign Mutiny is the unlawful resistance to a superior
government, parts of the sea that are not officer, or the raising of commotions and
included in the exclusive zone, in the disturbances aboard a ship against the authority
territorial seas, or in the internal waters of a of its commander.

98
 NOTES:
In People vs. Baruga, mutiny was defined as  Qualified Piracy is a special complex crime
consisting in attempts to usurp the command of punishable by reclusion perpetua to death,
the vessel from the master, or to deprive him in regardless of the number of victims.
free and lawful exercise of his authority; the  The murder, homicide, physical injuries, or
overthrowing of the legal authority of the master, rape must have been committed on
with intent to remove him, against his will, and passengers or on the complement of the
the like. (Sandoval, supra., p. 106 citing vessel.
Philippine Law Dictionary by Moreno, p. 614).
 Any person who hides or protects pirates, or
PIRACY MUTINY abets the commission thereof shall be
The persons who The persons who considered an accomplice.
attack the vessel or attack the vessel or
seize its cargo are seize its cargo are QUALIFIED MUTINY
strangers to said members of the
vessel. complement of the Although Article 123 merely refers to qualified
vessel or passengers. piracy, there is also a crime of qualified mutiny.
The essence of The offense is
piracy is robbery: it is committed by refusal Mutiny is qualified by the following
committed by to commander’s circumstances:
attacking or seizing of orders. 1. When the offenders abandoned the victims
the vessel or stealing. without means of saving themselves;
2. When mutiny is accompanied by rape,
Intent to gain is The offenders may
murder, homicide or physical injuries.
essential. only intend to ignore
the ship’s officer or
they may be prompted NOTE: See discussion on the Anti-Hijacking
by a desire to commit Law (R.A. 6235) and on the Human Security
plunder. There is no Act (R.A. 9372) under Special Penal Laws.
criminal intent.

NOTE: Under R.A. 9372 (Human Security Act), a

person who commits an act punishable as piracy
and mutiny under Article 122 thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
terrorism.

ARTICLE 123:
QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCES:
1. Whenever they have seized a vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves;
or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
(Section 3, R.A. 7659).

PENALTY: Reclusion perpetua to death

99
 TITLE TWO:
CRIMES AGAINST THE DETENTION
A person is detained when he is placed in
FUNDAMENTAL LAWS OF THE STATE
confinement or there is a restraint on his person
(U.S. vs. Cabanag; March 16, 1907).
ARTICLES CRIMES
124 Arbitrary detention  Detention need not involve physical restraint.
125 Delay in the delivery of detained Psychological restraint is sufficient.
persons to the proper judicial
authorities “If the act and actuations of the accused can
126 Delaying release produce such fear in the mind of the victim
sufficient to paralyze the latter, to the extent
127 Expulsion that the victim is compelled to limit his own
128 Violation of domicile actions and movements in accordance with
129 Search warrants maliciously the wishes of the accused, then the victim is,
obtained and abuse in the for all intents and purposes, detained against
service of those legally obtained his will.” (Astorga vs. People; October 1,
130 Searching domicile 2003).
without witnesses
131 Prohibition, interruption and PROBLEM:
dissolution of peaceful meetings A, who was said to have been involved in
numerous cases of cellphone snatching, was
132 Interruption of religious worship arrested by police while standing in a
133 Offending the religious feelings sidewalk. When in the station, the
investigating officer was not present. The
Crimes under this title are called crimes against police let A go and told him to come back for
the fundamental law of the State because they if not, he will be killed when they see him. A,
violate certain provisions of the Bill of Rights from time to time, came back to the station
(Article III, 1987 Constitution). but the investigating officer was still on leave.
Can the police be held liable for arbitrary
GENERAL RULE: detention? If not, what crime was committed?
Offenders under this title are public officers only.
ANSWER:
EXCEPTION: NO. There was no actual detention depriving
In Article 133 (offending the religious feelings), A of his liberty. The fact that he always goes
private individuals may also be punished herein back was due to the threats made to him;
when they conspire with public officers. thus, the police here may be held liable for
grave threats instead.
ARBITRARY DETENTION IN GENERAL
PROBLEM:
Arbitrary detention is committed by a public Using the same set of facts as the previous
officer who detains a person without legal question, what if A, who was then under
ground. investigation, was forced to confess on the
crime of cellphone snatching but he
CLASSES OF ARBITRARY DETENTION: nonetheless refused and he was released
1. Arbitrary detention by detaining a person after 2 hours of prodding and questioning?
without legal ground (Article 124); Are the police liable for arbitrary detention? If
2. Delay in the delivery of detained persons to not, what crime was committed?
the proper judicial authorities (Article 125);
and ANSWER:
3. Delaying release (Article 126). NO. There is no actual restraint against A's
liberty. However, A was compelled to do
NOTE: The penalties for the three classes of something against his will – thus, the officers
arbitrary detention are the same, as provided in are liable for grave coercion.
Article 124.

100
What Constitutes “Absence of Legal person.
Ground”: Civilians cannot
(a) No crime was committed by the detained; commit the crime of But a public officer
(b) There is no violent insanity of the detained; arbitrary detention can commit this
and except when they crime when he is
(c) The person detained has no ailment which conspire with a public acting in a private
requires compulsory confinement in a officer, or become an capacity or beyond
hospital. accomplice or the scope of his
accessory to the crime official duty, or when
ARTICLE 124: committed by the he becomes an
ARBITRARY DETENTION public officer; and the accomplice or
offender who is a accessory to the
ELEMENTS: P W D public officer has a crime committed by a
1. Offender is a public officer/employee vested duty which carries with private person.
with authority to detain or order detention. it the authority to
2. He detains a person detain a person. The offender, even if
3. Detention is without legal grounds he is a public officer,
does not include as
GENERAL RULE: his function the
The offender must be a public officer to be held power to arrest and
liable for arbitrary detention. The public officer detain a person,
must be vested with authority to detain or order unless he conspires
the detention of persons accused of a crime, but with a public officer
when they detain a person they have no legal committing arbitrary
grounds therefor. detention.

EXCEPTION: The crime is ILLEGAL DETENTION where:

A private individual who conspired with public 1. The detention is perpetrated by public
officers in detaining certain policemen are guilty officers without authority to detain a person;
of arbitrary detention (People vs. Camerino; or
December 14, 1956). 2. The offender is a private individual.

PERIODS PENALIZED: Arbitrary Detention vs. Unlawful Arrest

(a) Not exceeding 3 days ARBITRARY UNLAWFUL
(b) More than 3 days but not more than 15 days DETENTION ARREST
(c) More than 15 days but not more than 6
months Offender is public Offender can be any
(d) Exceeding 6 months. officer possessed person.
with authority to
The law does NOT fix any minimum period of make arrests.
detention. In the case of U.S. vs. Braganza The main reason for The purpose is to
(February 3, 1908), a councilor and a barrio detaining the deliver the victim to
lieutenant were convicted of arbitrary detention, offended party is to proper authorities but
even if the offended party was detained for less deny him of his the arrest is not
than half an hour. liberty. authorized by law or
there is no reasonable
NOTE: The crime of arbitrary detention can be ground therefor.
committed through imprudence (People vs. Misa,
C.A.; 36 O.G. 3496). NOTE: As regards unlawful arrest, when a
person is unlawfully arrested, his subsequent
Arbitrary Detention vs. Illegal Detention detention is without legal grounds.
ARBITRARY ILLEGAL
DETENTION DETENTION ARTICLE 125:
DELAY IN THE DELIVERY OF DETAINED
The offender must be The principal
PERSONS TO THE PROPER
a public officer. offender is a private

101
 JUDICIAL AUTHORITIES As a general rule, the prosecutor will not be
responsible for violation of said Article 125
ELEMENTS: P D F (12–18–36) because he is not the one who has arrested
1. Offender is a public officer/employee and illegally detained the person arrested,
2. He detained a person for some legal ground unless he has ordered or induced the
3. Failure to deliver such person to the proper arresting officer to hold and not release the
judicial authorities within: prisoner after the expiration of said period
(a) 12 hours for crimes punishable by light (Sayo vs. Chief of Police of Manila; May 12,
penalties or their equivalent; 1948).
(b) 18 hours for crimes or offenses
punishable by correctional penalties or  “Detain any person for some legal
equivalent; and ground” means that the detention is legal in
(c) 36 hours for crimes or offenses the beginning, because the person detained
punishable by afflictive or capital was arrested under any of the circumstances
penalties or their equivalent. where arrest without warrant is authorized by
law. The detention becomes illegal after a
NOTE: The continued detention of the certain period of time, because the offended
accused becomes illegal upon the expiration party is not delivered to the proper judicial
of such periods without delivering the authority, within the periods specified by
detainee to the corresponding judicial Article 125.
authorities (Agbay vs. Ombudsman; July 2,
1999).  “Proper judicial authorities” means the
courts of justice, or said courts vested with
NOTES: judicial power to order the temporary
 Article 125 applies to persons arrested for detention or confinement of a person
violating BOTH the RPC and special laws charged with having committed a public
because of the phrase “or their equivalent” offense, that is, the Supreme Court and such
referring to the duration of the grave, less inferior courts as may be established by the
grave or light felonies. law.

 The 12–18–36 hours do NOT run when the PROBLEM:

courts are not open to receive the complaint X was caught in flagrante delicto of illegal
or information. possession of firearm, an SPL. Does Article 125
apply to violations of SPL?
 “Deliver” means the filing of correct
information with the proper court (or ANSWER:
constructive delivery – turning over the YES.The text of Article 125 allows for its
person arrested to the jurisdiction of the application with regard to laws imposing
court). penalties equivalent to light, correctional, or
afflictive penalties (in text: "...or their equivalent").
The delivery to the proper judicial authority of
a person arrested without warrant by a peace PROBLEM:
officer, does not consist in a physical X was arrested on Saturday afternoon and was
delivery, but in making an accusation or placed behind bars. Come Monday, no courts
charge or filing of an information against the were open as that day happened to be a special
person arrested with the corresponding court non-working holiday. The case against A was
or judge, whereby the latter acquires filed early Tuesday morning. Are the officers here
jurisdiction to issue an order of release or of liable for arbitrary detention?
commitment of the prisoner, because the
arresting officer cannot transfer to the judge ANSWER:
and the latter does not assume the physical NO. DOJ Department Circular 050, s. 2012
custody of the person arrested (Sayo vs. provides that Article 125 refers to working hours
Chief of Police of Manila; May 12, 1948). when the courts are open to receive the
information.

102
Circumstances considered in determining the Basis: to prevent any abuse resulting from
liability of the officer detaining a person confining a person without informing him of his
beyond the legal period: offense and without permitting him to go on bail.
1. The means of communication;
2. The hour of arrest; and ARTICLE 126:
3. Other circumstances such as the time of the DELAYING RELEASE
surrender and the material possibility for the
fiscal to make the investigation and file in PUNISHABLE ACTS:
time the necessary information. 1. Delaying the performance of a judicial or
executive order for the release of a prisoner
Waiver of the Article 125 Provisions: 2. Unduly delaying the service of the notice of
1. Under the Revised Rules of Court, if the such order to said prisoner
person arrested without a warrant opts to 3. Unduly delaying the proceedings upon any
avail of his right to preliminary investigation, petition for the liberation of such person
he should waive his rights, with the
assistance of counsel, in writing under Article ELEMENTS: P O D
125. 1. Offender is a public officer or employee;
2. If he does not want to waive this in writing, 2. There is a judicial or executive order for the
the arresting officer will have to comply with release of a prisoner or detention prisoner, or
Article 125 and file the case immediately in that there is a proceeding upon a petition for
court without preliminary investigation. In the liberation of such person; and
such case, the arrested person, within five 3. Offender without good reason delays:
(5) days after learning that the case has (a) Service of the notice of such order to the
been filed in court without preliminary prisoner;
investigation, may ask for one. The public (b) Performance of such judicial or executive
officer who made the arrest will no longer be order for the release of the prisoner; or
liable for violation of Article 125. (c) Proceedings upon a petition for the
release of such person.
RIGHTS OF THE PERSON DETAINED:
1. To be informed of the cause of his detention NOTE: The public officers who are most likely to
2. To be allowed, upon his request, to commit the offense penalized in Article 126 are
communicate and confer at any time with his the wardens and peace officers temporarily in
counsel charge of prisoners or detained persons.

NOTES: NOTES in re HUMAN SECURITY ACT:

 The period stated in Article 125 does NOT  Any police or law enforcement personnel,
include nighttime. who, having been duly authorized in writing
by the Anti-Terrorism Council, has taken
 Article 125 applies ONLY when the arrest is custody of a person charged with or
made without warrant of arrest. But, the suspected of the crime of terrorism or the
arrest must be lawful. If the arrest is made crime of conspiracy to commit terrorism shall,
with a warrant of arrest, the person arrested without incurring any criminal liability for
can be detained indefinitely until his case is delay in the delivery of detained persons to
decided by the court or he posts bail for his the proper judicial authorities, deliver said
temporary release. The reason for this is that charged or suspected person to the proper
there is already a complaint or information judicial authority within a period of three (3)
filed against him with the court which issued days counted from the moment said charged
the order or warrant of arrest and it is not or suspected person has been apprehended
necessary to deliver the person thus arrested or arrested, detained, and taken into custody
to that court. by the said police, or law enforcement
personnel: Provided, that the arrest of those
 Under R.A. 857, a public officer or employee suspected of the crime of terrorism or
is liable for preventing the exercise of the conspiracy to commit terrorism must result
right of attorneys to visit and confer with from the surveillance under Section 7 and
persons arrested. examination of bank deposits under Section
27 of this Act. (Section 18, R.A. 9372).

103
  If the punishable acts are committed by a
 In the event of an actual or imminent terrorist private person, the crime committed is
attack, suspects may not be detained for coercion.
more than three (3) days without the written
approval of a municipal, city, provincial or ARTICLE 128:
regional official of a Human Rights VIOLATION OF DOMICILE
Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a PUNISHABLE ACTS:
justice of the Court of Appeals nearest the 1. Entering any dwelling against the will of the
place of the arrest. (Section 19, R.A. 9372). owner thereof; or

 If the arrest is made during Saturdays, NOTE: The offender’s entry must be over the
Sundays, holidays or after office hours, the owner’s objection, express or implied.
arresting police or law enforcement
personnel shall bring the person thus 2. Searching papers or other effects found
arrested to the residence of any of the therein without the previous consent of such
officials mentioned above that is nearest the owner; or
place where the accused was arrested.
(Section 19, R.A. 9372). NOTE: Mere lack of consent is sufficient.

ARTICLE 127: 3. Refusing to leave the premises, after having

EXPULSION surreptitiously entered said dwelling and after
having been required to leave the same.
PUNISHABLE ACTS:
1. Expelling a person from the Philippines; and ELEMENTS COMMON TO THREE ACTS:
2. Compelling a person to change his 1. The offender is a public officer or employee
residence. authorized to implement a search warrant or
warrant of arrest;
ELEMENTS: P E N
1. The offender is a public officer or employee; 2. He is not authorized by judicial order to enter
2. He expels any person from the Philippines, the dwelling and/or to make a search therein
or compels a person to change his for papers or other effects.
residence; and
3. The offender is not authorized to do so by NOTE: Not being authorized by judicial order
law. means a public officer or employee has no
search warrant.
NOTES:
 This article does NOT apply in cases of NOTES:
ejectment, expropriation or when penalty  Violation of domicile is committed by a public
imposed is destierro. officer authorized to implement a search
warrant or warrant of arrest but at the time of
 The trial court judge has no authority to expel incident, he is not armed with warrant.
any person from the Philippines, only the
President of the Philippines is authorized to  If the public officer is not authorized to
deport aliens. Trial court judge has the execute search warrants and warrants of
authority to compel any person to change his arrest, or is a private person, the crime
residence upon final judgment or order only. committed is qualified trespass to dwelling.

 In the case of Villavicencio vs. Lukban  If the offender who enters the dwelling
(March 25, 1919), the police chief of Manila against the will of the owner thereof is a
upon order of the city mayor to get rid of private individual, the crime committed is
prostitution hauled the prostitutes from their trespass to dwelling.
places of residence and deported them to
Davao. They were found guilty of expulsion.

104
 “Against the will of the owner” presupposes phrase “in addition to the liability attaching to
opposition or prohibition by said owner the offender for the commission of any other
whether express or implied. offense.”

When one voluntarily submits to a search or 2. Public officer or employee exceeds his
consents to have it made upon his person or authority or uses unnecessary severity in
premises, he is precluded from later executing a search warrant legally procured.
complaining thereof.
ELEMENTS:
Silence of the owner of the dwelling before (a) Offender is a public officer or employee;
and during the search, without search (b) He legally procured a search warrant;
warrant, by a public officer, may show (c) He exceeds his authority or uses
implied waiver. unnecessary severity in executing the
search warrant.
 “Having surreptitiously entered said dwelling”
is an instance where a public officer or NOTE:
employee may commit violation of domicile. Even if the search warrant is valid, violation
But, what constitutes the crime is the refusal of domicile is still committed when:
of the offender to leave the premises when (a) The officer exceeded his authority under
required to do so – NOT the entrance into the search warrant;
the dwelling. (b) The searching officer employed
excessive severity or destruction in the
QUALIFYING CIRCUMSTANCES: house; and
1. Offense is committed at nighttime; or (c) The search was made when the
2. Any papers or effects not constituting occupants were absent and the search is
evidence of a crime are not returned conducted without at least two witnesses
immediately after the search made by the who must come within the locality where
offender. the search was made (punished under
Article 130).
ARTICLE 129:
SEARCH WARRANTS MALICIOUSLY SEARCH WARRANTS
OBTAINED AND ABUSE IN THE SERVICE OF It is an order in writing issued in the name of the
THOSE LEGALLY OBTAINED People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
PUNISHABLE ACTS: search for personal property described therein
1. Public officer or employee procures a search and bring it before the court (Sec. 1, Rule 126,
warrant without just cause. ROC).

ELEMENTS: PERSONAL PROPERTIES TO BE SEIZED:

(a) Offender is a public officer or employee; 1. Those that are subject of the offense;
(b) He procures a search warrant; 2. Those that are stolen or embezzled and
(c) There is no just cause. other proceeds or fruits of the offense; or
3. Those used or intended to be used as the
TEST FOR LACK OF JUST CAUSE: means of committing an offense (Sec. 3,
Whether the affidavit filed in support of the Rule 126, ROC).
application for search warrant has been
drawn in such a manner that perjury could be LIFESPAN OF SEARCH WARRANT:
charged thereon and affiant be held liable for A search warrant shall be valid for ten (10) days
damages caused. from its date of issuance. Thereafter, it shall be
void (Sec. 10, Rule 126, ROC).
NOTE:Perjury (or any other crime) may NOT
be complexed with the crime of search ARTICLE 130:
warrant maliciously obtained. They are SEARCHING DOMICILE WITHOUT WITNESS
separate and distinct crimes to be punished
with their respective penalties because of the ELEMENTS: P S S O
1. The offender is a public officer or employee;

105
2. He is armed with search warrant legally  Only a public officer or employee can commit
procured; this crime. If the offender is a private
3. He searches the domicile, papers or other individual, the crime is disturbance of public
belongings of any person; order under Article 153.
4. The owner or any member is his family, or
two witnesses residing in the same locality  The government has a right to require a
are not present. permit before any gathering could be made.
Any meeting without a permit is a proceeding
ORDER OF THOSE WHO MUST WITNESS: in violation of the law. That being true, a
1. Homeowner; meeting may be prohibited, interrupted, or
2. Members of the family of sufficient age and dissolved without violating Article 131, RPC.
discretion; and
3. Responsible members of the community. If the permit is denied arbitrarily, Article 131
is violated. If the officer would not give the
NOTES: permit unless the meeting is held in a
 “Where search is proper” means that the particular place which he dictates defeats the
public officer at the time of the search is exercise of the right to peaceably assemble,
armed with a search warrant legally Article 131 is violated.
procured.
 The papers or other belongings must be in  When the meeting to be held is not peaceful,
the dwelling of their owner at the time the there is a legal ground in prohibiting it.
search is made.
 Article 130 does NOT apply to searches of  The right to peaceably assemble is NOT
vehicles or other means of transportation. absolute and may be regulated.

ARTICLE 131: CRITERIA:

PROHIBITION, INTERRUPTION, 1. Dangerous Tendency Rule
DISSOLUTION OF PEACEFUL MEETINGS It is applicable in times of national unrest
such as to prevent coup d’état.
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal 2. Clear and Present Danger Rule
ground the holding of a peaceful meeting, or It is applied in times of peace.
by dissolving the same.
NOTE: There is no legal ground to prohibit the
ELEMENTS FOR ACT 1: holding of a meeting when the danger
(a) The meeting must be peaceful; and apprehended is not imminent and the evil to be
(b) There is no legal ground for prohibiting, prevented is not a serious one.
or interrupting or dissolving that meeting.
ARTICLE 131 ARTICLE 287
2. Hindering any person from joining any lawful Crime against the Crime against personal
association or from attending any of its fundamental laws of liberty and security.
meetings. the state.
Offender must be a Offender is a
3. Prohibiting or hindering any person from stranger. participant in the
addressing, either alone or together with peaceful meeting.
others, any petition to the authorities for the
correction of abuses or redress of
NOTE: Interrupting and dissolving the meeting of
grievances.
municipal council by a public officer is a crime
against a legislative body, not punished under
COMMON ELEMENTS:
Article 131.
1. Offender is a public officer or employee; and
2. He performs any of the punishable acts.
ARTICLE 131 ARTICLE 153
NOTES: As to the participation of the public officer
The public officer is If the public officer is

106
 NOT a participant. a participant of the without being molested or disturbed (U.S. vs.
As far as the assembly and he Balcorta; 1913).
gathering is prohibits, interrupts,
concerned, the public or dissolves the QUALIFYING CIRCUMSTANCES:
officer is a third same, Article 153 is (a) Violence, or
party. violated if the same is (b) Threat.
conducted in a public
place. ARTICLE 133:
As to the essence of the crime OFFENDING RELIGIOUS FEELINGS
In Article 131, the In Article 153, the
offender must be a offender need not be ELEMENTS: PC N
public officer and, a public officer. The 1. The acts complained of were performed:
without any legal essence of the crime (a) In a place devoted to religious worship
ground, he prohibits, is that of creating a (not necessary that there is religious
interrupts, or serious disturbance of worship);or
dissolves a peaceful any sort in a public (b) During the celebration of any religious
meeting or assembly office, public building ceremony.
to prevent the or even a private
offended party from place where a public NOTE:Religious ceremonies are those
exercising his function is being held. religious acts performed outside of a church
freedom of speech such as processions and special prayers for
and that of the burying dead persons.
assembly to petition
a grievance against 2. The acts must be notoriously offensive to the
the government. feelings of the faithful.

NOTES:
ARTICLE 132:
 There must be a deliberate intent to hurt
INTERRUPTION OF RELIGIOUS WORSHIP
the feelings of the faithful.
ELEMENTS: P R P
 The acts must be directed against
1. Offender is a public officer or employee;
religious practice or dogma or ritual for
2. Religious ceremonies or manifestations of
the purpose of ridicule, as mocking or
any religion are about to take place or are
scoffing at or attempting to damage an
going on; and
object of religious veneration.
3. Offender prevents or disturbs the same.
 Offense to feelings is judged from the
NOTES:
complainant’s point of view.
 To be guilty under either Articles 131 or 132,
the public officer must NOT be a participant
 If the act is directed to the religious belief
in the meeting or religious ceremony,
and is notoriously offensive, the crime is
otherwise, his liability would fall under
violation of religious feelings. Otherwise,
Articles 153 or 155 as the case may be.
it is only unjust vexation.
 Article 132 refers to the exercise of religious
 “Notoriously offensive” means that the
ceremonies or manifestations.
act is offensive from the point of view of
any religion. If it is offensive to a
Quasi-religious activities such as 40th day of
particular religion only, the offense is
death commemoration are not included.
unjust vexation.
Interruption of such activity is unjust
vexation.
PROBLEM:
 Persons who meet for the purpose of An art exhibit by mixed media artist X was shown
religious worship, by any method which is not at the PICC where there was a picture of Jesus
indecent or unlawful, have the right to do so Christ with a penis and a condom attached to the
face. Many Catholics said they were offended.

107
 142) or rebellion (Article 134)
(a) Is this notoriously offensive?
(b) Is X liable under Article 133?
NOTE: See discussion on Anti-Torture Act
ANSWER: (R.A. 9745) under Special Penal Laws.
(a) YES. It was notoriously offensive as the act
involved an object of veneration.

(b) NO. Although X performed acts notoriously

offensive to the feelings of the faithful, the PICC
is not a place of religious worship.

Article 132 Article 133

The offender must be The offender is any
a public officer or person including
employee. private individual.
A religious ceremony There is no need that
is about to take place a religious ceremony
or are going on. is about to take place
or are going on.
The acts committed The acts committed by
by the offender must the offender must be
not be notoriously notoriously offensive
offensive to the to the feelings of the
feelings of the faithful. faithful.

Comparison of Articles 131, 132, and 133

Article 131 Article 132 Article 133
As to nature of the crime
These are crimes against the It is a crime
fundamental law of the State. against
public order.
As to persons liable
Public officers or employees Any person

Crime if element is missing

Article 131 (a) If not by public officer:
tumults (Article 153)
Article 132 (a) If by insider: unjust vexation
(Article 287, par. 2)
(b) If not religious: tumults
(Article 153) or alarms
(Article 155)
(c) If not notoriously offensive:
unjust vexation (Article 287,
par. 2)
Article 133 (a) If not tumults: alarms and
scandals (Article 155)
(b) If meeting illegal at onset:
inciting to sedition (Article

108
 TITLE THREE: to cause disturbance
CRIMES AGAINST PUBLIC ORDER 154 Unlawful use of means of
publication and unlawful
ARTICLES CRIMES utterances
Chapter 1: Rebellion, Sedition and 155 Alarms and scandals
Disloyalty 156 Delivery of prisoners from jails
134 Rebellion or insurrection Chapter 6: Evasion of Service of Sentence
134-A Coup d'etat 157 Evasion of service of sentence
136 Conspiracy and proposal to 158 Evasion of service of sentence
commit coup d'etat, rebellion or on the occasion of disorder,
insurrection conflagrations, earthquakes, or
137 other calamities
137 Disloyalty of public officers or 159 Other cases of evasion of
employees service of sentence
138 Inciting a rebellion or 160 Commission of another crime
insurrection during service of penalty
imposed for another offense
139 Sedition
141 Conspiracy to commit sedition
ARTICLE 134:
142 Inciting to sedition REBELLION AND INSURRECTION
Chapter 2: Crimes against Popular
Representation ELEMENTS OF REBELLION: PTRBD
143 Act tending to prevent the 1. There be:
meeting of the Assembly and (a) Public uprising; and
similar bodies (b) Taking arms against the Government.
144 Disturbance of proceedings 2. The purpose of uprising or movements is
145 Violation of parliamentary either:
immunity (a) To remove from the allegiance to said
Government or its laws:
Chapter 3: Illegal Assemblies and (1) The territory of the Philippines or any
Associations part thereof; or
146 Illegal assemblies (2) Any body of land, naval or other
147 Illegal associations armed forces; OR
Chapter 4: Assault upon, and Resistance (b) To deprive the Chief Executive or
and Disobedience To, Persons In Authority Congress, wholly or partially, of any of
and Their Agents their powers or prerogatives.
148 Direct assaults NATURE OF THE CRIME OF REBELLION:
149 Indirect assaults (a) The essence of rebellion is public uprising
150 Disobedience to summons with the taking up of arms. It requires a
issued by the Congress, its multitude of people. It aims to overthrow the
committees or subcommittees, duly constituted government. The crime can
by the Constitutional only be committed through force and
Commissions, its committees, violence.
subcommittees or divisions (b) It is a crime of masses or of a multitude. It is
151 Resistance and disobedience to a vast movement of men and a complex of
a person in authority or the net intrigues and plots.
agents of such person (c) It is political in nature.
(d) Rebellion is a continuing offense.
Chapter 5: Public Disorders
153 Tumults and other disturbance NOTES:
of public orders; Tumultuous  Actual clash of arms with the forces of the
disturbance or interruption liable Government is NOT necessary to convict the

109
 accused who is in conspiracy with others It is a crime against It is a crime against
actually taking arms against the government. public order. national security.
It can be committed in It can only be
 Those merely acting as couriers or spies for times of war or peace. committed in times of
the rebels are also guilty of rebellion. war.
The levying of war The levying of war
 Purpose of the uprising must be shown. against the against the
Without evidence to indicate the motive or Government during Government would
purpose of the accused does not constitute peace time for any of constitute treason
rebellion. the purposes when performed to
mentioned in Article aid the enemy.
 It is NOT necessary that the purpose of 134 is rebellion.
rebellion be accomplished. The crime of
It always involves It may be committed
rebellion is complete at the moment a group
taking up arms by mere adherence
of rebels rise publicly and take arms against
against the to the enemy giving
the Government for the purpose of
Government. him aid or comfort.
overthrowing the same by force.

 Rebellion is always in consummated stage. NOTE: Unlike in the crime of treason, the act of
There is no attempted or a frustrated stage. giving comfort or moral aid is NOT criminal in the
case of rebellion.
 Mere silence regarding the presence of
rebels despite knowledge of rebellion is NOT Rebellion and Subversion Distinguished
punishable. REBELLION SUBVERSION
It is a crime against It is a crime against
 The use of unlicensed firearm is absorbed in public order. national security.
the crime of rebellion if used in furtherance of There must public Being officers and
or incident to, or in connection with the crime uprising to ranking members of
of rebellion, or insurrection, or sedition. overthrow the subversive groups
Government. constitute subversion.
Normative and Subjective Elements It makes use of Subversive acts do not
NORMATIVE SUBJECTIVE force and violence. only constitute force
ELEMENT ELEMENT and violence but may
Rising publicly and Intent or purpose to partake of other forms.
taking arms against overthrow the
the government government NOTE: R.A. 7636 decriminalized subversion by
repealing expressly R.A. 1700.
REBELLION INSURRECTION
Rebellion is more Insurrection is more Rebellion vs. Sedition
frequently used commonly employed REBELLION SEDITION
where the object of in reference to a There must be taking It is sufficient that the
the movement is movement which up of arms against public uprising be
completely to seeks merely to effect the government. tumultuous.
overthrow and some change of The purpose is The purpose may be
supersede the minor importance, or always political. political or social.
existing government. to prevent the
exercise of
Rebellion, When Considered as Terrorism
governmental
Under R.A. No. 9372, when act committed
authority with respect
creates a condition of widespread and
to particular matters of
extraordinary fear and panic among the
subjects.
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
Rebellion and Treason Distinguished the crime of terrorism (Section 3).
REBELLION TREASON

110
 ARTICLE 134–A: from the
COUP D’ÉTAT government and/or
deprive the Chief
ELEMENTS: Executive of their
1. The offender/s is/are a person or persons power or
belonging to the military or police or holding prerogatives.
any public office or employment; It is a crime of the It is sufficient that it is
2. It is committed by means of a swift attack masses. It involves committed by any
accompanied by violence, intimidation, a multitude of military police or public
threat, strategy or stealth; people. officer, with or without
3. The attack is directed against duly civilian support.
constituted authorities of the Republic of the
Philippines or any military camp or It may be committed
installation, communication networks, public singly or collectively.
utilities or other facilities needed for the It is carried out by It is carried out not only
exercise and continued possession of power; means of force and by means of force and
and violence. violence but also
4. The purpose of the attack is to seize or threat, strategy or
diminish State power. stealth.
Those who lead, Those who direct or
NOTE: The essence of coup d’état does not
direct or command command the coup, as
involve any public uprising but only a swift attack
rebellion as well as well as those in the
against authorities by members of military or
those participating in government service
public officers.
the public uprising who participate and
shall be held liable. any person not in
Who may commit coup d’état?
government who not
(a) Only a person or persons who belong to
only participates but
military or police or holding public office or
also finance, support,
employment may be liable for this crime.
aid or abet are liable
(b) Any person not in the government service
who participates, or in any manner supports,
finances, abets or aids in the undertaking of PRINCIPLE OF ABSORPTION
coup d’état may also be held liable.
POLITICAL CRIMES
MANNER OF COMMISSION: These are those directly aimed against the
1. Violence; political order, as well as such common crimes
2. Intimidation; as may be committed to achieve a political
3. Threat; purpose. The decisive factor is the intent or
4. Strategy; or motive.
5. Stealth.
RULE:
Rebellion and Coup D’état Distinguished Political crimes absorb such common crimes as
REBELLION COUP D’ETAT may be committed in furtherance of political
purposes.
Offender is any Offender must be
person. member of the PNP or NOTE: Absorption is NOT automatic. It must
AFP. be proven that the common crimes are
There is a public There is no need of committed in furtherance of political
uprising and/or public uprising/and or purposes.
taking arms against taking arms against the
the government. government; what is HENCE:
important is that there  There is no complex crime of rebellion with
is a swift attack. murder and other common crimes. Acts
Purpose is to Purpose is to seize or committed in furtherance of rebellion though
remove allegiance diminish state power. crimes in themselves are deemed absorbed

111
 in one single crime of rebellion. It cannot be Leaders Reclusion
made a basis of a separate charge. Any person who: perpetua
a. Promotes, maintains or heads
 HOWEVER, if the killing, robbing, etc., during a rebellion or insurrection; or
the rebellion, were done for private purposes b. Leads, directs or commands
or for profit, without any political motivation, others to undertake a coup
the crimes would be separately punished and d’état.
would not be absorbed in rebellion.(People
vs. Geronimo; October 23, 1956). NOTE: In case the leaders are
unknown, any person who in
NOTE: fact directed the others, spoke for
Under R.A. 8294, if the unlawful manufacture, them, signed receipts and other
sale, acquisition disposition or possession of documents issued in their name,
firearms or ammunition or instruments used or or performed similar acts, on
intended to be used in the manufacture of behalf of the rebels, shall be
firearms or ammunition is in furtherance of or deemed a leader of such
incident to, or in connection with the crime of rebellion, insurrection, or coup
rebellion or insurrection, sedition, or attempted d’état (Last par., Article 135).
coup d’état, such violation shall be absorbed as
an element of the crime of rebellion, or Participants Reclusion
insurrection, sedition, or attempted coup Any person who: temporal
d'etat(Section 1, par.4, R.A. 8294). a. Participates; or
b. Executes the commands of
PROBLEM: others in rebellion, or
In the wake of the Oakwood mutiny against then insurrection.
President GMA, Antonio Trillanes and other
Persons in Government Reclusion
members of the Magdalo faction were charged of
Service temporal
attempted coup d'etat in the Makati RTC, and for
Any person in the government
violation of the Articles of War before the Military
service who:
Court. Trillanes and company filed a petition
a. Participates; or
contending that "conduct unbecoming of an
b. Executes directions or
officer and a gentleman" should be absorbed by
commands of others in
the coup d'etat charge. The petition was granted.
undertaking coup d’état.
The matter went up to the Supreme Court.
NOTE: Public officer must take
In view of the principle of absorption, can coup
active part in order to be liable.
d’état absorb any violation of the Articles of War,
Being a mere assistant to a
particularly conduct unbecoming of an officer and
principal, guilty of the crime of
a gentleman?
rebellion, the accused is guilty
only as a participant in the
ANSWER:
commission of the crime of
NO. For absorption to lie, the trial court must
rebellion under par. 2, Article 135
have jurisdiction over both offenses. Moreover,
(People vs. Lava; May 16, 1969).
the ruling in Enrile vs. Amin with regard to the
principle of absorption does not apply to crimes Persons not in the Prision
which, by statutory fiat, are sui generis – such as Government Service mayor in
violations of the Articles of War (Gonzales vs. Any person not in the maximum
Abaya; August 10, 2006). government service who: period
a. Participates;
b. Supports;
ARTICLE 135:
c. Finances;
PENALTY FOR REBELLION, INSURRECTION
d. Abets; or
OR COUP D’ÉTAT
e. Aids a coup d’état.

PERSONS LIABLE PENALT

ARTICLE 136:
Y

112
CONSPIRACY AND PROPOSAL TO COMMIT proposing the commission of said acts to
COUP D’ETAT, REBELLION, OR other persons without actually performing
INSURRECTION those overt acts under Article 134, are
already subject to punishment.
ELEMENTS:
1. CONSPIRACY: ARTICLE 138:
(a) Two or more persons come to an INCITING A REBELLION OR INSURRECTION
agreement to commit acts of rebellion,
insurrection, or coup d’état, and ELEMENTS: A D I S
(b) They decide to commit it. 1. Offender can be any person;
2. He does not take arms or is not in open
2. PROPOSAL: hostility against the government;
(a) A person has decided to commit acts of 3. He incites others to the execution of any of
rebellion, insurrection, or coup d’état, the acts of rebellion; and
and 4. The inciting is done by means of speeches,
(b) He proposes its execution to some other proclamations, writings, emblems, banners
person or persons. or other representations tending to the same
end.
PENALTIES:
Manner of Inciting to Rebellion or
Conspiracy and a. Prision mayor at its Insurrection:
proposal to commit minimum; and 1. Speeches;
coup d’état b. Fine not exceeding 2. Proclamations;
P8,000.00 3. Writings;
4. Emblems;
Conspiracy to a. Prision correccional
5. Banners; or
commit rebellion or at maximum; and
6. Other representation tending to the same
insurrection b. Fine not exceeding
end.
P5,000.00
Proposal to commit a. Prision correccional INCITING TO PROPOSAL TO COMMIT
rebellion or at medium; and REBELLION REBELLION
insurrection b. Fine not exceeding
P2,000.00 It is not required The person who proposes
that the offender has decided to commit
has decided to rebellion.
NOTES: commit rebellion.
 There is no conspiracy when the people
have NOT agreed or decided to commit the The act of inciting The person who proposes
crimes. is done publicly. the execution of the crime
uses secret means.
The mere fact of giving speeches favoring
communism would NOT make the accused NOTE: In both proposal and inciting to commit
guilty of conspiracy, because there was no rebellion, the crime of rebellion should not be
evidence that the hearers of his speeches actually committed by the persons to whom it is
then and there agreed to rise up in arms for proposed or who are incited. If they commit
the purpose of obtaining the overthrow of the rebellion because of the proposal or the inciting,
democratic government as envisaged in the the proponent or the one inciting becomes a
principles of Communism.(People vs. principal by inducement in the crime of rebellion.
Hernandez, July 18, 1956).
ARTICLE 137:
 Persons merely agreeing and deciding DISLOYALTY OF PUBLIC OFFICERS
among themselves to rise publicly and to OR EMPLOYEES
take arms against the government for the
purposes mentioned in Article 134, without PUNISHABLE ACTS: F C A
actually rising publicly and taking arms 1. Failing to resist a rebellion by all means in
against the government, or those merely their power.

113
2. Continuing to discharge the duties of their
offices under the control of the rebels. NATURE OF SEDITION:
3. Accepting appointment to office under them.  Sedition is the rising of commotions or
disturbances in the State (People vs.
NOTES: Cabrera; March 4, 1922).
 The crime punished by this article is also  The crime of sedition does not contemplate
known as “disloyalty to the Republic.” the taking up of arms against the government
because the purpose of this crime is not the
 The offender must be a public officer or overthrow of the government.
employee. If a private individual accepts an  The ultimate objective of sedition is the
appointment to office under the rebels, he is violation of the public peace or at least such
not liable under this article. a course of measures as evidently
engenders it (People vs. Perez; December
 This crime presupposes the existence of 22, 1923).
rebellion by other persons.
NOTES:
The accused could not be held liable even  Public uprising is considered tumultuous
for disloyalty, because there was no actual when it is caused by more than three
rebellion going on in the municipality. There persons who are armed or provided with the
must be a rebellion to be resisted or, at least means of violence.
the place is under the control of the rebels.
(U.S. vs. Ravidas; March 14, 1905).  HENCE, sedition cannot be committed by
one person alone.
 The offender must not be in conspiracy with
the rebels, otherwise, he will be guilty of The opening clause reads: "The crime of
rebellion – not merely disloyalty – because in sedition is committed by persons who rise
conspiracy, the act of one is the act of all. publicly and tumultuously". In Article 163, the
word tumultuous means that the disturbance
ARTICLE 139–142: shall be deemed tumultuous if caused by
SEDITION AND RELATED OFFENSES more than three persons who are armed or
provided with means of violence.
ELEMENTS: REO
1. The offender rise publicly and tumultuously;  Public uprising and an object of sedition must
2. That they employ force, intimidation, or other concur.
means outside of legal methods;
3. The offenders employ any of those means to  Common crimes committed together with the
attain any of the following objects: crime of sedition were independent of each
(a) Prevent promulgation or execution of other and are not absorbed in sedition
any law or the holding of any popular (People vs. Umali; November 29, 1954).
election;
(b) Prevent the National Government or any  A friction between the Philippine
provincial or municipal government or constabulary and the Manila police escalated
any public officer from freely exercising and resulted in the deaths of 6 policemen
its or his functions, or prevent the and 2 civilians and serious injuries of 3
execution of any administrative order; civilians. The court held that unlike the crime
(c) Inflict any act of hate or revenge upon of rebellion, common crimes committed in
the person or property of any public the occasion of sedition are to be
office officer or employee; appreciated as separate crimes. (People vs.
(d) Commit, for any political or social end, Cabrera; March 4, 1922).
any act of hate or revenge against
private persons or any social class; Sedition and Rebellion Distinguished
(e) Despoil, for any political or social end, SEDITION REBELLION
any person, municipality or province, or
In both, there must be public uprising.
the National Government of all its
property or any part thereof. It is sufficient that the There must be taking

114
 public uprising is up of arms against Conspiracy to commit sedition takes place when
tumultuous. the Government. two or more persons come to an agreement
The purpose of the The purpose is concerning the commission of sedition and
offenders may be always political. decide to commit it.
political or social.
NOTES:
It is not necessarily It is always against
 There must be an agreement and a decision
against the the government.
to rise publicly and tumultuously to attain any
government
of the objects of sedition.
Sedition and Treason Distinguished  Article 141 punishes only conspiracy to
SEDITION TREASON commit sedition. Mere proposal is not
In its more general In its more general punishable.
sense, is the raising sense, is the violation
of commotions or by a subject of his ARTICLE 142:
disturbances in the allegiance to his INCITING TO SEDITION
State. sovereign or to the
supreme authority of ACTS OF INCITING TO SEDITION:
the State.
1. Inciting others to the accomplishment of
Sedition and Coup D’etat Distinguished any of the acts which constitute sedition
SEDITION COUP D’ETAT by means of speeches, proclamations,
writings, emblems, cartoons, banners,
There is no distinction Offender belongs to
etc.
as to who may the military or police
commit; a private or holding any public
ELEMENTS OF NO. 1:
individual may commit office or
(1) The offender does not take direct part in
the offense. employment.
the crime of sedition.
Primary purpose is to Purpose is to seize (2) He incites others to the accomplishment
disturb the public or to diminish state of any of the acts which constitute
peace. power. sedition.
(3) The inciting is done by means of :
ARTICLE 140: (a) Speeches,
PENALTY FOR SEDITION (b) Proclamations,
(c) Writings,
PERSONS PENALTY (d) Emblems,
LIABLE (e) Cartoons,
(f) Banners, or
Leader Prison mayor (minimum
(g) Other representations tending to the
period) and a fine not
same end.
exceeding P10,000
Participants Prison correccional 2. Uttering seditious words or speeches
(maximum period) and a which tend to disturb the public peace.
fine not exceeding P5,000
3. Writing, publishing or circulating
NOTE: If the offender is a government official or scurrilous libels against the Government
employee, the accessory penalty of absolute or any of the duly constituted authorities,
perpetual disqualification from holding any public which tend to disturb the public peace.
office shall be imposed. (P.D. 90 – Declaring
Unlawful Rumor-Mongering and Spreading False NOTE:“Scurrilous” means low, vulgar, mean
Information; January 6, 1973). or foul.

ARTICLE 141: 4. Knowingly concealing such evil practices.

CONSPIRACY TO COMMIT SEDITION
NOTES:

115
 It is not necessary, in order to be seditious, provincial board or city or municipal council
that the words used should in fact result in a or board;
rising of the people against the constituted 2. The offender who may be any person
authorities. The law is not aimed merely at prevents such meeting by force or fraud.
actual disturbance, as its purpose is also to
punish utterances which may endanger ARTICLE 144:
public order (People vs. Nabong; 1932). DISTURBANCE OF PROCEEDINGS

Uttering seditious words or speeches and ELEMENTS:

writing, publishing or circulating scurrilous 1. There be a meeting of the Congress or any
libels are punishable when: DIS L of its committees or subcommittees,
(a) They tend to disturb or obstruct any lawful constitutional commissions or committees or
officer in executing the functions of his office; divisions thereof, or of any provincial board
or or city or municipal council or board;
(b) They tend to instigate others to cabal and 2. Offender does any of the following acts:
meet together for unlawful purposes; or (a) He disturbs any of such meetings; or
(c) They suggest or incite rebellious (b) He behaves, while in the presence of any
conspiracies and riots; or of such bodies, in such a manner as to
(d) They lead or tend to stir up the people interrupt its proceedings or to impair the
against the lawful authorities or to disturb the respect due it.
peace of the community, the safety and order
of the Government (Article 142, Acts Nos. 2 NOTES:
& 3).  It must be a meeting of a legislative body or
of provincial board or city or municipal
NOTE: Any act that will generate hatred against council or board which is disturbed;
the government or a public officer concerned or a otherwise, the offender is guilty of unjust
social class may amount to inciting to sedition. vexation under Article 287, RPC.
Lambasting government officials to discredit the
government is inciting to sedition.  The complaint for disturbance of proceedings
may be filed by a member of a legislative
RULES RELATIVE TO SEDITIOUS WORDS: body.
(a) Clear and Present Danger Rule:
Under this rule, it is required that there must  The implied power to punish for contempt of
be a reasonable ground to believe that the the National Assembly is coercive in nature.
danger apprehended is imminent and that The power to punish crime is punitive in
the evil to be prevented is a serious one. character. Thus, the same act could be made
There must be the probability of serious the basis for contempt proceedings and for
injury to the State. criminal prosecution. (Lopez vs. De los
Reyes; November 5, 1930).
(b) Dangerous Tendency Rule:
Under this rule, there is inciting to sedition
ARTICLE 145:
when the words uttered or published could
VIOLATION OF
easily produce disaffection among the people
PARLIAMENTARY IMMUNITY
and a state of feeling in them incompatible
with a disposition to remain loyal to the
Government and obedient to the laws. PUNISHABLE ACTS:
1. By using force, intimidation, threats or frauds
to prevent any member of the Congress
ARTICLE 143:
from:
ACTS TENDING TO PREVENT THE MEETING
(a) Attending the meetings of the Congress
OF THE ASSEMBLY AND SIMILAR BODIES
or of any of its committees or
subcommittees, constitutional
ELEMENTS: commissions or committees or divisions
1. There be a projected meeting or actual thereof; or
meeting of the Congress or any of its (b) Expressing his opinions; or
committees or subcommittees, constitutional (c) Casting his votes.
committees or divisions thereof, or of any

116
 arrested Congressman X. Was Police Officer Y
ELEMENTS: correct in doing so?
(1) The offender uses force, intimidation,
threats or fraud; ANSWER:
(2) The purpose of the offender is to prevent NO. The penalty for libel is only prision
any member of the Congress from – correccional which is lower than prision mayor.
(a) Attending the meetings of the Thus, Congressman X cannot be arrested while
Assembly or any of its committees or in session.
constitutional commissions, etc; or
(b) Expressing his opinions; or PROBLEM:
(c) Casting his vote. Congressman A was charged with attempted
homicide. Soon, a warrant of arrest was issued.
NOTE: The offender can be any person. Incidentally, Congress was in recess due to
summer break. Congressman A was arrested.
2. By arresting or searching any member Was the arrest proper?
thereof while the Congress is in regular or
special session, except in case such member ANSWER:
has committed a crime punishable under the NO. Congressman A was at that time immune
Code by a penalty of prision mayor or higher. from arrest. Congress is still in session during
recess and is not deemed adjourned.
ELEMENTS:
(a) Offender is a public officer or employee;
(b) He arrests or searches any member of ARTICLE 146
the Congress; ILLEGAL ASSEMBLIES
(c) The Assembly, at the time of the arrest
or search, is in regular or special FORMS OF ILLEGAL ASSEMBLY:
session;
(d) The member arrested or searched has 1. FIRST FORM:
not committed a crime punishable under Any meeting attended by armed persons for
the Code by a penalty of prision mayor or the purpose of committing any of the crimes
higher. punishable under the Code

NOTES: ELEMENTS:
 Session refers to the entire period from its (a) There is a meeting, a gathering or group
initial convening until its final adjournment. of persons, whether in a fixed place or
moving;
 It is NOT necessary that a member is (b) The meeting is attended by armed
actually prevented from attending the persons; and
meeting. It is sufficient that the offender has (c) The purpose of the meeting is to commit
the purpose of preventing a member from any of the crimes punishable under RPC.
exercising any of his prerogatives.
NOTE: Crimes must be punishable by RPC
 Parliamentary immunity does NOT protect not under any special law.
members from responsibility before the
legislative body itself. 2. SECOND FORM:
Any meeting in which the audience, whether
Basis: The 1987 Constitution exempts member armed or not, is incited to the commission of
of Congress from arrest, while the Congress is in the crime of treason, rebellion or insurrection,
session, for all offenses punishable by a penalty sedition or assault upon a person in authority
of less than prision mayor. or his agents

ELEMENTS:
PROBLEM: (a) There is a meeting, a gathering or group
Congressman X was charged with libel. The RTC of persons, whether in a fixed place or
found probable cause and issued a warrant of moving; and
arrest. Police Officer Y went to Congress and

117
 (b) The audience, whether armed or not, is  The gravamen of the offense is mere
incited to the commission of the crime of assembly of or gathering of people for illegal
treason, rebellion or insurrection, sedition purpose punishable by the RPC. Without
or direct assault. gathering, there is no illegal assembly.

NOTE: If in a meeting the audience is incited ARTICLE 147:

to the commission of rebellion or sedition, the ILLEGAL ASSOCIATIONS
crimes committed are:
1. Illegal assembly as regards: What are illegal associations?
(a) The organizers or leaders, and 1. Associations totally or partially organized for
(b) Persons merely present; and the purpose of committing any of the crimes
2. Inciting to rebellion or sedition insofar as punishable under the Code; or
regards the one inciting them. 2. Associations totally or partially organized for
some purpose contrary to public morals.
FORMS OF ILLEGAL ASSEMBLIES
FIRST FORM SECOND FORM PERSONS LIABLE:
Meeting must be Meeting may be (a) Founders, directors and president of the
attended by armed attended by persons association.
persons. either armed or not. (b) Mere members of the association.
The purpose of the The purpose of the
meeting is to commit meeting is to incite the ILLEGAL ILLEGAL
any crime punishable audience for the ASSOCIATION ASSEMBLY
under the RPC. commission of As to actual meeting taking place
treason, rebellion, It is NOT necessary It is necessary that
insurrection, sedition that there be an actual there is an actual
or assault upon meeting. meeting or
person in authority or assembly.
his agents. As to act punishable
It is the act of forming It is the meeting and
PERSONS LIABLE: or organizing and attendance at such
1. Organizers or leaders of the meeting membership in the meeting that are
association that are punished.
If any person present at the meeting punished.
carries an unlicensed firearm:
(a) It is presumed that the purpose of the As to persons liable
meeting insofar as he is concerned, is to (a) The founders, (a) The organizers
commit acts punishable under RPC; and directors and president, or leaders of the
(b) He is considered a leader or organizer of and (b) the members. meeting and (b) the
the meeting. persons present at
meeting.
2. Persons merely present at the meeting
(a) If they are not armed, the penalty is SUBVERSION
arresto mayor.
(b) If they carry arms, like bolos or knives, or There is currently NO law that punishes
licensed firearms, the penalty is prision subversion.
correccional.
 It was previously punished by R.A. 1700 but
NOTES: was superseded by P.D. 885. Subsequently,
 As illegal assembly is a felony, the persons E.O. 167 revived R.A. 1700, which was later
merely present at the meeting must have amended by E.O. 276. R.A. 7636 (1992)
common intent to commit the felony of illegal repealed R.A. 1700, as amended.
assembly. Absence of such intent may
exempt the person present from criminal For knowledge’s sake:
liability.

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 ANTI–SUBVERSION ACT from the allegiance to said government or its
(Republic Act No. 1700) laws, the territory of the Philippines or any part
thereof, with the open or covert assistance or
PUNISHABLE ACTS: support of a foreign power by force, violence,
1. Knowingly, willfully and by overt acts (a) deceit, or other illegal means.
affiliating oneself with, (b) becoming, or (c)
remaining a member of the Communist Party Subversion and Rebellion Distinguished
of the Philippines and/or its successors or of SUBVERSION REBELLION
any subversive association as defined in It is committed by It is committed by
Sec. 2 of this Act; affiliating with or rising publicly and
becoming a member taking up arms against
2. Conspiring with any other person to in subversive the Government for
overthrow the Government of the Republic of organizations. any of the purposes
the Philippines or the government of any of specified in Article
its political subdivisions by force, violence, 134, RPC.
deceit, subversion or other illegal means, for
the purpose of placing such government or NOTE: The taking up of arms by a member of a
political subdivision under the control and subversive organization against the Government
domination of any alien power; and is but a circumstance which raises the penalty to
be imposed upon the offender (People vs.
3. Taking up arms against the Government, the Liwanag; October 19, 1976).
offender being a member of the Communist
Party or of any subversive association as
ARTICLE 148:
defined in Sec. 2 of the Act.
DIRECT ASSAULT
What organizations are declared illegal and
outlawed under Section 2, R.A. 1700? WAYS TO COMMIT DIRECT ASSAULT:

(a) The Communist Party, which is declared to 1. Without public uprising, by employing
be an organized conspiracy, and force or intimidation for the attainment of
(b) Any other organization and their successors any purposes enumerated in defining the
having the purpose of overthrowing the crimes of sedition and rebellion.
Government of the Republic of the
Philippines to establish in the Philippines a ELEMENTS:
totalitarian regime and place the Government 1. The offender employs force or
under the control and domination of an alien intimidation;
power are declared illegal and outlawed. 2. The aim of the offender is to attain any of
the purposes of the crime of rebellion or
any of the objects of the crime of
REVISED ANTI–SUBVERSION LAW
sedition; and
(Presidential Decree No. 885)
3. There is no public uprising.
PUNISHABLE ACTS: 2. Without public uprising, by attacking, by
1. Knowingly, willfully and by overt act affiliating employing force or seriously intimidating
with, becoming or remaining a member of a or by seriously resisting any person in
subversive association or organization. authority or any of his agents, while
2. Taking up arms against the Government, the engaged in the performance of official
offender being a member of such subversive duties, or on the occasion of such
association or organization. performance.
What are the subversive associations and ELEMENTS:
organizations under Sec. 2, P.D. 885? 1. The offender:
Any association, organization, political party, or (a) Makes an attack,
group of persons organized for the purpose of (b) Employs force,
overthrowing the Government of the Republic of (c) Makes a serious intimidation, or
the Philippines or for the purpose of removing (d) Makes a serious resistance.

119
 2. The person assaulted is a person in It means the power or authority to govern
authority or his agent. and execute the laws.
3. At the time of the assault the person in
authority or his agent is: Teachers, professors, and persons in
(a) Engaged in the actual performance charged with supervision of public or duly
of official duties, or recognized private schools, colleges, and
(b) That he is assaulted by reason of the universities shall be deemed persons in
past performance of official duties. authority in applying the provisions of Articles
4. The offender knows that the one he is 148 and 151.
assaulting is a person in authority or his
agent in the exercise of his duties.  AGENT OF A PERSON IN AUTHORITY
5. There is no public uprising. It is one who, by the direct provision of law or
by election or by appointment by competent
KINDS: authority, is charged with the maintenance of
public order and the protection and security
of life and property and any person who
The crime is not based on the material comes to the aid of persons in authority.
consequence of the unlawful act. The crime of
direct assault punishes the spirit of lawlessness  The accused assaulting must have
and the contempt or hatred for the authority of knowledge that the offended party was a
the rule of law. person in authority or his agent in the
exercise of his duties, because the accused
NOTES: must have the intention to offend, injure or
 “Shall attack” includes any offensive or assault the offended party as a person in
antagonistic movement or action of any kind. authority or agent of authority (People vs.
Villaseñor; October 24, 1970).
 The force employed need not be serious
when the offended party is a person in  “On occasion of such performance”
authority. It means that the impelling motive of the
attack is the performance of official duty. The
 If the offended party is only an agent of a words “on occasion” signify “because” or “by
person in authority, the force employed must reason” of the past performance of official
be of a serious character as to indicate duty, even if at the very time of the assault
determination to defy the law and its no official duty was being discharged (Justo
representative at all hazards. vs. Court of Appeals; June 28, 1956).

 When the constitutive element of direct  When a person in authority or his agent is
assault is intimidation or resistance, it must the one who provokes and attacks another
be serious and active whether the offended person, the latter is entitled to defend himself
party is an agent only or he is a person in and cannot be held liable for assault or
authority. resistance because he acts in legitimate
defense (People vs. Carado; C.A. – G.R. No.
 The intimidation must produce its effect 12778-R).
immediately, for if the threats be of some
future evil, the act would not be an assault. Instances when the person in authority or his
agent is considered NOT in the performance
 PERSON IN AUTHORITY of official duties:
It is any person directly vested with (a) When a person in authority or his agents
jurisdiction, whether as an individual or as a exceeds his power or acts without authority.
member of some court or governmental (b) When he makes unnecessary use of force or
corporation, board, or commission shall be violence to make him respected.
deemed a person in authority (Article 152). (c) When the offender and the offended party,
who are both persons in authority and their
“Directly vested with jurisdiction” agents, descend to matters which are private
in nature.

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NOTES: 3. The offender makes use of force or
 In any of these instances, if the person in intimidation upon such person coming to the
authority or his agents is attacked, the crime aid of the authority or his agent.
committed is only physical injuries or
homicide, as the case may be. NOTES:
 Indirect assault can be committed ONLY
 Evidence of motive of the offender is when there is direct assault.
important when the person in authority or his
agent who is attacked or seriously  A private person may be the offended party
intimidated is not in the actual performance in indirect assault. Article 149 states that the
of his official duties. But if he is in the actual use of force or intimidation must be made
performance of his official duties, the motive “upon any person coming to the aid of the
of the offender is immaterial. authorities or their agents.” A private person
who comes to the rescue of an authority or
TWO KINDS OF THE SECOND FORM: his agent enjoys the privileges of the latter,
1. Simple assault; and and any person who uses force or
2. Qualified assault. intimidation upon such person under the
circumstances is guilty of atentado (assault)
DIRECT ASSAULT IS QUALIFIED IF: under Article 149 (Guevara).
(a) The assault is committed with a weapon; or
(b) Offender is a public officer or employee; or ARTICLE 150:
(c) The offender lays hands upon a person in DISOBEDIENCE TO SUMMONS
authority.
PUNISHABLE ACTS:
NOTES: 1. Refusing, without legal excuse, to obey
 When the person in authority or his agent is summons of the Congress, its special or
attacked and killed while in performance of standing committees and subcommittees, the
his duty, the crime should be complex crime Constitutional commissions and its
of direct assault with homicide or murder. committees, subcommittees or divisions, or
by any of its commissions or committee
 Where in the commission of direct assault, chairman or member authorized to summon
serious or less serious physical injuries are witnesses.
also inflicted, the offender is guilty of the 2. Refusing to be sworn or placed under
complex crime of direct assault with serious affirmation while being before such
or less serious physical injuries. legislative or constitutional body or official.
3. Refusing to answer any legal inquiry or to
 The crime of slight physical injuries is produce any books, papers, documents, or
absorbed in the crime of direct assault as the records in his possession, when required by
same is the necessary consequence of the them to do so in the exercise of their
force or violence inherent in all kinds of functions.
assault (People vs. Acierto; November 28, 4. Restraining another from attending as a
1932). The only time when it is not witness in such legislative or constitutional
complexed is when material consequence is body.
a light felony, that is, slight physical injury. 5. Inducing disobedience to a summons or
refusal to be sworn by any such body or
ARTICLE 149: official.
INDIRECT ASSAULT
PERSONS LIABLE:
ELEMENTS: P A M 1. Any person who commits any of the above
1. Person in authority or his agent is the victim acts
of any of the forms of direct assault in Article 2. Any person who:
148; (a) Restrains another from attending as a
2. A person comes to the aid of such authority witness in such body;
or his agent; (b) Induces him to disobey a summons; or
(c) Induces him to refuse to be sworn.

121
 The person in authority The person in
NOTES: or his agent must be authority or his
 Only disobedience without legal excuse is engaged in the agent must be in
punishable under this article. performance of official actual performance
duties OR that he is of his duties.
 The testimony of the person summoned must assaulted by reason
be upon matters into which the National thereof.
Assembly has jurisdiction to inquire. Direct Assault (Second Committed only by
Form) may be resisting or
ARTICLE 151: committed in four ways: seriously
RESISTANCE AND DISOBEDIENCE TO A 1. By attacking, disobeying a
PERSON IN AUTHORITY OR HIS AGENTS 2. By employing force, person in authority
3. By seriously or his agent.
RESISTANCE OR SERIOUS DISOBEDIENCE intimidating, and
4. By seriously resisting
ELEMENTS: a person in authority
1. A person in authority or his agent is engaged or his agent.
in the performance of official duty or gives a Force is employed is Force is employed
lawful order to the offender; serious. but the use of such
2. That the offender resists or seriously force and
disobeys such person in authority or his resistance is not so
agent; and serious, as there is
3. That the act of the offender is not included in no manifest
the provisions of Arts. 148, 149 and 150. intention to defy
the law and the
NOTES: officers enforcing
 The accused must have knowledge that the it.
person arresting him is a peace officer.
NOTES:
 The disobedience contemplated consists in  If the offender seriously resisted a person in
the failure or refusal to obey a direct order authority or his agent, the crime is direct
from the person in authority or his agent. assault.

SIMPLE DISOBEDIENCE  When the attack or employment of force is

not deliberate, the crime is only resistance or
ELEMENTS: disobedience.
1. An agent of a person in authority is engaged
in the performance of official duty or gives a  The act of lying on the road and refusing,
lawful order to the offender; despite the order of the Philippine
2. The offender disobeys such agent of a Constabulary major, to get out therefrom
person in authority; and constitute the crime of simple disobedience.
3. Such disobedience is not of a serious nature. (People v. Macapuno; 58 O.G. 4985).

NOTES: ARTICLE 152:

 In simple disobedience, the offended party PERSONS IN AUTHORITY AND AGENTS OF
must be only an agent of a person in PERSONS IN AUTHORITY
authority.
PERSON IN AUTHORITY
 If the disobedience to an agent of a person in It is one directly vested with jurisdiction, that is,
authority is of serious nature, the offender the power and authority to govern and execute
should be punished under the first paragraph the laws.
of Article 151, RPC.
The following are persons in authority:
DIRECT ASSAULT RESISTANCE (a) Municipal mayor;
(b) Division superintendent of schools;

122
 (c) Public and private school teachers; NOTE: In Articles131 and 132, the offender
(d) Teacher-nurse; is a public officer and the act is prohibiting,
(e) Pres. Of sanitary division; preventing and dissolving peaceful meeting
(f) Provincial fiscal; or religious worship. In Article 153, the
(g) Justice of peace; offender is “any person.”
(h) Municipal councilor;
(i) Barrio Captain and Barangay Chairman. 3. Making any outcry tending to incite rebellion
or sedition in any meeting, association or
NOTES: public place;
 Professorsare persons in authority under
Articles 148 and 151, but not in Article 149. 4. Displaying placards or emblems which
provoke a disturbance of public order in such
The spirit and purpose C.A. 578 is to give place; and
teachers protection, dignity and respect while
in the performance of their official duties. 5. Burying with pomp the body of a person who
This protection extends not only against has been legally executed.
pupils or relatives of pupils, but against all
persons who knowingly attack a teacher NOTES:
while engaged in the performance of his  Serious disturbance must be planned or
official duties. Respect for a teacher is intended NOT a sudden outburst.
required of all persons in order to uphold and
enhance the dignity of the teaching persons  “Outcry”means to shout subversive or
(People vs. Ceprioso; 52 O.G. 2609; January provocative words tending to stir up the
31, 1956). people to obtain by means of force or
violence any of the objects of rebellion or
AGENT OF A PERSON IN AUTHORITY sedition.
It is any person who by direct provision of law or
by election or by appointment by competent  If the act of disturbing or interrupting a
authority, is charged with the maintenance of meeting or religious worship is committed by
public order and the protection and security of a private individual, or even by a public
life and property, any person who comes to the officer but he is a participant in the meeting
aid of persons in authority. or religious worship which he disturbs or
interrupts, Article 153, NOT Articles 131 or
Any person who comes to the aid of persons in 132, is applicable.
authority is an agent of a person in authority
(Article 152, as amended). QUALIFYING CIRCUMSTANCE:
Serious disturbance and interruption are qualified
CHAPTER 5: when committed by more than three armed
PUBLIC DISORDERS persons (at least four).

ARTICLE 153:  If such is caused by more than three persons

TUMULTS AND OTHER DISTURBANCES who are armed or provided with means of
OF PUBLIC ORDER violence, the penalty is arresto mayor
(medium period) to prision correccional
(minimum period) and a fine not exceeding
Tumults and other disturbances of public
1,000.
order are those: S I O – D B
1. Causing any serious disturbance in a public
 The penalty next higher in degree shall be
place, office or establishment;
imposed upon persons causing any
disturbance or interruption of a tumultuous
2. Interrupting or disturbing public
character.
performances, functions, or gatherings, or
peaceful meetings, if the act is not included
NOTE:“Arms” refer to any means of fatal
in Articles 131 and 132;
violence not only fire arms.

123
 INCITING TO PUBLIC DISORDER without proper authority, or before they have
SEDITION OR been published officially; and
REBELLION 4. By printing, publishing or distributing (or
For an outcry or the If the outcry is more causing the same) books, pamphlets,
displaying of emblems or less unconscious periodicals, or leaflets which do not bear the
or placards to outburst which real printer’s name, or which are classified as
constitute inciting to although rebellious anonymous.
commit rebellion or or in nature, is not
sedition, it is intentionally PENALTY: Arresto mayor and a fine ranging
necessary that the calculated to induce from P200.00 to P1,000.00 shall be imposed.
offender should have other to commit
done the act with the rebellion or sedition, NOTES:
idea aforethought of it is only public  Offender can be any person.
inducing his hearers disorder.
or readers to commit  Actual public disorder or actual damage to
the crime of rebellion the credit of the State is NOT necessary. The
or sedition. mere possibility of causing such danger or
damage is sufficient.
Creating disturbance of public can result to:
(a) Serious disturbance of public order under  The offender must know that the news is
paragraph 1, Article 153; false.
(b) Interruption, prohibition and disturbance of
peaceful meeting under Article 131 if  If there is NO possibility of danger to public
committed by a public officer who disturbed order or of causing damage to the interest of
the meeting and not participant thereof; the State by publication of false news, Article
(c) Interruption of religious worship under Article 154 is NOT applicable.
132 if committed by public officer against a
religious manifestation;  R.A. 248 prohibits the reprinting,
(d) Alarms and scandal under Article 155 if the reproduction, or republication of government
disturbance is not serious; and publications and official documents without
(e) Inciting to rebellion or inciting to sedition previous authority.
under Articles 138 or 142 if that is the original
criminal intent of the person who made CASE:
statements that tend to incite listeners to Defendant distributed leaflets urging the people
rebellion or sedition. to disobey and resist the execution of that portion
of the National Defense Act requiring compulsory
ARTICLE 154: military training. He was convicted of inciting to
UNLAWFUL USE OF MEANS OF sedition by the trial court.
PUBLICATION AND UNLAWFUL
UTTERANCES HELD:
The crime is not inciting to sedition. The acts
PUNISHABLE ACTS: charged which are subversive in nature fall under
1. By publishing or causing to be published, by par. 2, Article 154. Any person who by the same
means of printing, lithography or any other means, or by words, utterances or speeches,
means of publication, as news any false shall encourage disobedience to the law or to the
news which may endanger the public order, constituted authorities or praise, justify, or extol
or cause damage to the interest or credit of any act punishable by law. (People v. Arrogante,
the State; C.A. 38 O.G. 2974).
2. By encouraging disobedience to the law or to
the constituted authorities or by praising, ARTICLE 155:
justifying or extolling any act punished by ALARMS AND SCANDALS
law, by the same means or by words,
utterances or speeches; PUNISHABLE ACTS:
3. By maliciously publishing or causing to be 1. Discharging any firearm, rocket, firecracker,
published any official resolution or document or other explosive within any town or public

124
 place, calculated to cause (which produces) NOTE: The reason for punishing instigating or
alarm or danger. taking active part in charivari and other disorderly
2. Instigating or taking an active part in any meeting is to prevent more serious disorders.
charivari or other disorderly meeting
offensive to another or prejudicial to public ARTICLE 156:
tranquility. DELIVERING PRISONERS FROM JAILS
3. Disturbing the public peace while wandering
about at night or while engaged in any other ELEMENTS: C R H
nocturnal amusements. 1. There is a person confined in a jail or penal
4. Causing any disturbance or scandal in public establishment; and
place while intoxicated or otherwise, 2. The offender removes therefrom such
provided Article 153 is not applicable. person, or helps the escape of such person.

PENALTY: Arresto menor or a fine not PENALTY: Arresto mayor (maximum period) to
exceeding P200.00 shall be imposed. prision correccional (minimum period) shall be
imposed.
NOTES:
 Offender can be any person. NOTES:
 Prisoner may be a mere detention prisoner
 The discharge of firearm should NOT be or a prisoner by final judgment.
aimed at a person; otherwise, the offense
would fall under Article 254, punishing  This article applies even if the prisoner is in
discharge of firearms. the hospital or asylum when he is removed
or when the offender helps his escape,
 It is the result, not the intent that counts. The because it is considered as an extension of
act must produce alarm or danger as a the penal institution.
consequence.
OFFENDERS MAY BE:
 Article 155 does not make any distinction as (a) Any person who is not charged with the
to the particular place in the town or public custody of the person detained;
place where the discharge of firearm, rocket, (b) The guard of the jail, who is off duty, may be
etc. is effected. As long as it produces alarm held liable for delivering prisoner from jail
or danger, it is punished under Article 155. (People vs. Del Barrio; 60 O.G. 3908).

 Discharge of firecrackers or rockets during NOTE: Offender is usually an outsider. It can

fiestas or festive occasions is not covered by also be committed by an employee of the
this article (Viada). penal institution provided he does not have
the custody or charge of such person.
 If the disturbance is of a serious nature, the
case will fall under Article 153, not under If the offender is a public officer who had the
paragraph 4, Article 155. prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner
 Even if the persons involved are engaged in under Article 223.
nocturnal activity like those playing patintero
at night, or selling balut, if they conduct their NOTES:
activity in such a way that disturbs public  Violence, intimidation, or bribery is NOT
peace, they may commit the crime of alarms necessary. If the accused removed from jail
and scandals. or penal or penal establishment a person
confined therein or helped the latter’s escape
CHARIVARI by means of violence, intimidation or bribery,
It involves a medley of discordant voices, a mock the penalty is higher. Hence, it is not an
serenade of discordant noises made on kettles, element of the offense.
tins, horns, etc., designed to annoy or insult.
 What constitutes the qualifying circumstance
in Article 156, is the offender’s act of

125
 employing bribery as a “means” of removing imprisonment” is NOT the correct translation.
or delivering the prisoner from jail, and not The Spanish text uses the phrase
the offender’s act of receiving or agreeing to “friendoprivacion de libertad.” Hence, it
receive a bribe as a consideration for should be “by escaping during the term of his
committing the offense, which would serve sentence which consists in deprivation of
only as a generic aggravating circumstances liberty” (People v. Abilong, ibid.).
(People vs. Del Barrio; 60 O.G. 3908).
 The term “escape” has been defined as to
 A person, who substituted for a prisoner by flee from, to avoid, to get out of the way as to
taking his place in jail, is liable under Article flee to avoid arrest. (Black’s Law Dictionary,
156 because the removal of the prisoner 4thed.).
from jail is by other means, that is, by deceit.
PROBLEM:
 But if the crime committed by the prisoner for The three prisoners-accused, with neither
which he is confined or serving sentence is escort nor guard, were seen “loitering in the
treason, murder, or parricide, the act taking premises of the courthouse” which was about
the place of the prisoner in the prison is that 600 meters from the city jail. Did they
of an accessory, and he may be held liable escape?
as such, because he assists in the escape of
the principal (Article 19, par. 3). ANSWER:
NO. The established facts belie any escape
CHAPTER 6: or even mere intention to escape. Indeed, if
EVASION OF SERVICE OF SENTENCE escape were the purpose of the appellants,
they certainly would not have loitered in the
FORMS OF EVASION: premises of the courthouse easily spotted
1. Article 157: Leaving or escaping from the and apprehended, as they if fact were.
penal establishment (People v. Lauron; 60 O.G. 4983).
2. Article 158: Failure to return within 48 hours
after having left the penal establishment PERSONS WHO CANNOT BE LIABLE:
because of a calamity, conflagration or (a) Detention prisoners;
mutiny and such calamity has been (b) Accused who escaped while the sentence for
announced as already passed. conviction was under appeal;
3. Article 159: Violating the condition of (c) Minor delinquent; or
conditional pardon. (d) Deportees.

ARTICLE 157: QUALIFYING CIRCUMSTANCES

EVASION OF SERVICE OF SENTENCE If such evasion or escape takes place:
(a) By means of unlawful entry;
(b) By breaking doors, windows, gates, walls,
ELEMENTS: C S E
roofs or floors;
1. The offender is a convict by final judgment;
(c) By using picklocks, false keys, disguise,
2. He is serving his sentence which consists in
deceit, violence or intimidation; or
deprivation of liberty; and
(d) Through connivance with other convicts or
3. He evades the service of his sentence by
employees of the penal institution.
escaping during the term of his sentence.
PENALTY:
NOTES:
(a) Prision correccional (medium and maximum
 The crime of evasion of service of sentence
period) shall be imposed upon any convict
can be committed only by convict by final
who shall evade service of his sentence by
judgment.
escaping during the term of his imprisonment
by reason of final judgment.
 Article 157 is applicable to the sentence of (b) Prision correccional (maximum period) if
destierro.(People vs. Abilong; 82 Phil. 174). such evasion or escape is qualified.
The word “imprisonment” in the phrase “by
ARTICLE 158:
escaping during the term of his

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 EVASION OF SERVICE OF SENTENCE ON the guards are NOT their superior officers. In
THE OCCASION OF DISORDERS such case, the prisoners who surrendered to
a barrio lieutenant and then to the police
ELEMENTS: authorities, after slipping away from the
1. That the offender is a convict by final escapists, are not entitled to a reduction of
judgment, who is confined in a penal their original sentence.
institution;
2. That there is a disorder resulting from: Such prisoners could be held liable under
(a) Conflagration; Article 157 for evasion of service sentence.
(b) Earthquake;
(c) Explosion; In the case of People v. Padilla., supra., the
(d) Similar catastrophe; or accused was not held liable for evasion of
(e) Mutiny in which he has not participated. service of sentence under Article 157
3. That the offender evades the service of his because he acted under the influence of
sentence by leaving the penal institution uncontrollable fear of an equal or greater
where he is confined on the occasion of such injury, the escapists having threatened to
disorder or during the mutiny. shoot at whoever remained in the jail.
4. The offender fails to give himself up to the
authorities within 48 hours following the ARTICLE 159:
issuance of a proclamation by the Chief VIOLATION OF CONDITIONAL PARDON
Executive announcing the passing away of
such calamity. ELEMENTS:
1. That the offender was a convict;
NOTES: 2. That he was granted a conditional pardon by
 Offender must be a convict by final judgment. the Chief Executive;
3. That he violated any of the conditions of such
 What is punished is not the leaving of the pardon.
penal institution, but the failure of the convict
to give himself up to the authorities within 48 PENALTIES:
hours after the proclamation announcing the (a) Prision correccional (minimum period) if the
passing away of the calamity. penalty remitted does not exceed 6 years.
(b) The unexpired portion of his original
CONSEQUENCES: sentence if the penalty remitted is higher
(a) If the offender fails to give himself up, he than 6 years.
shall suffer an increase of 1/5 of the time still
remaining to be served under the original NOTES:
sentence, not to exceed 6 months.  Conditional Pardon is a contract between
(b) If the offender gives himself up, he shall be the Chief Executive, who grants the pardon,
entitled to 1/5 deduction of the period of his and the convict, who accepts it.
sentence.
 Offender must be found guilty of subsequent
NOTES: offense before he can be prosecuted under
 The prisoner who did not escape from his Article 159.
place of confinement during the war is NOT
entitled to a special allowance of 1/5  There is quasi-recidivism whether the new
deduction of the period of his sentence felony committed is similar to or different
(Fortuno vs. Director of Prisons, February 2, from the crime for which the offender is
1948). previously convicted or serving sentence.

 Mutiny in this article implies an organized  The court cannot require the convict to serve
unlawful resistance to a superior the unexpired portion of his original sentence
officer(People vs. Padilla, 46 O.G. 2151). if it does not exceed 6 years. The remedy is
left to the President who has the authority to
HENCE, there is no mutiny if the prisoners recommit him to serve the unexpired portion
disarmed the guards and escaped, because of his sentence.

127
  Quasi-recidivism is a special aggravating
Cases: circumstance and cannot be offset by
 The condition imposed upon the prisoner that ordinary mitigating circumstances.
he should NOT commit another crime,
extends to offenses punished by special GENERAL RULE:
laws, like illegal voting under the Election A quasi-recidivist may be pardoned at the age of
Law (People vs. Coral; September 27, 70 years and has already served out his original
1943). sentence or when he shall complete it after
reaching said age.
 The time during which the convict was out of
prison CANNOT be deducted from the EXCEPTION:
unexecuted portion of his sentence (People When he is a habitual criminal, a quasi-recidivist
vs. Tapel; February 17, 1937). may not be pardoned even if he has reached the
age of 70 years and already served out his
REMEDIES OF THE STATE: original sentence.
(a) The President may order the reincarceration
of the pardonee under Section 64(i) of the RECIDIVISM QUASI–RECIDIVISM
Administrative Code even without trial; and The convictions of The convictions are not
(b) A criminal case under Article 159. the offender are for for the crimes embraced
crimes embraced in in the same Title of the
VIOLATION OF EVASION OF the same title of the RPC, provided that it is
CONDITIONAL SENTENCE Revised Penal a felony that was
PARDON Code. committed by the
It is not a public offense It is a public offender before serving
for it does not cause offense separate sentence by final
harm or injury to the right and independent judgment for another
of another person nor from any other crime or while serving
does it disturb public act. sentence for another
order. crime.

ARTICLE 160:
QUASI–RECIDIVISM

QUASI–RECIDIVISM
It is a special aggravating circumstance where a
person, after having been convicted by final
judgment, shall commit a new felony before
beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by law
for the new felony.

ELEMENTS: Co Ne
1. The offender was already convicted by final
judgment of one offense.
2. He committed a new felony before beginning
to serve such sentence or while serving the
same.

NOTES:
 Second crime must be a felony but the first
crime for which the offender is serving
sentence need not be a felony.

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 TITLE FOUR: falsification
CRIMES AGAINST PUBLIC INTEREST Chapter 2: Other Falsities
177 Usurpation of authority or
The crimes in this title are in the nature of fraud official functions
upon the public in general. The essence of the 178 Using fictitious name and
crime under this title is against public interest. concealing true name
179 Illegal use of uniforms or
ARTICLES CRIMES
insignia
Chapter 1: Forgeries
180 False testimony against
161 Counterfeiting the great seal of a defendant
the Government of the
181 False testimony favorable to the
Philippine Islands, forging the
defendants
signature or stamp of the Chief
Executive 182 False testimony in civil cases
162 Using forged signature or 183 False testimony in other cases
counterfeit seal or stamp and perjury in solemn
affirmation
163 Making and importing and
uttering false coins 184 Offering false testimony
in evidence
164 Mutilation of coins; Importation
and utterance of mutilated coins Chapter 3: Frauds
165 Selling of false or mutilated 185 Machinations in public auctions
coin, without connivance 186 Monopolies and combinations in
166 Forging treasury or bank notes restraint of trade
on other documents payable to 187 Importation and disposition of
bearer; importing, and uttering falsely marked articles or
such false or forged notes and merchandise made of gold,
documents silver, or other precious metals
167 Counterfeiting, importing and or their alloys
uttering instruments not payable 188 Subsisting and altering trade-
to bearer mark, trade-names, or service
168 Illegal possession and use of marks
false treasury or bank notes and 189 Unfair competition, fraudulent
other instruments of credit registration of trade-mark, trade-
169 How forgery is committed name or service mark,
fraudulent designation of origin,
170 Falsification of legislative
and false description
documents
171 Falsification by public officer, The acts of falsification are the following:
employee or notary or 1. Counterfeiting refers to money or currency;
ecclesiastic minister 2. Forgery refers to instruments of credit and
172 Falsification by private individual obligations and securities issued by the
and use of falsified documents Philippine government.
173 Falsification of wireless, cable, 3. Falsification can only be committed on
telegraph and telephone documents.
messages, and use of said
falsified messages CHAPTER 1:
174 False medical certificates, false FORGERIES
certificates of merits or service,
etc. ARTICLE 161:
175 Using false certificates COUNTERFEITING THE SEAL OF THE
176 Manufacturing and possession GOVERNMENT, FORGING THE SIGNATURE
of instruments or implements for OR STAMP OF THE CHIEF EXECUTIVE

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 UTTERING FALSE COINS
PUNISHABLE ACTS:
1. Forging the Great Seal of the Government of ELEMENTS:
the Philippines; 1. There be a false or counterfeited coins;
2. Forging the signature of the President; 2. The offender either made, imported or
3. Forging the stamp of the President. uttered such coins; and
3. In case of uttering such false or counterfeited
NOTES: coins, he connived with the counterfeiters or
 The act punishable is counterfeiting or importers.
making an imitation of the signature of the
Chief Executive on what is made to appear COIN
as an official document of the Republic of the It is a piece of metal stamped with certain marks
Philippines. and made current at a certain value (Bouvier’s
Law Dictionary, 519).
 When the President’s signature is forged, it is
not falsification but forging of signature of the Kinds of coins which are prohibited to be
Chief Executive under this article. forged and counterfeited:
(a) Silver coin of the Philippines or coin of the
 However, an unauthorized use of the Central Bank of the Philippines;
genuine seal of the government or the (b) Coin of the minor coinage of the Philippines
genuine signature of the President to the or of the Central Bank of the Philippines
prejudice of another person is estafa under (NOTE: minor coins are those below ten-
Article 315(2), RPC. centavo denomination); and
(c) Coin of the currency of a foreign country.
ARTICLE 162:
USING FORGED SIGNATURE OR NOTES:
COUNTERFEIT SEAL OR STAMP  Falsified coin need not to be a legal tender.

ELEMENTS: C K U  Counterfeiting of coins is the imitation of

1. The Great Seal of the Republic was genuine coins, whether legal tender or not
counterfeited or the signature or stamp of the (U.S vs. Basco; April11, 1906).
Chief Executive was forged by another
person; There must be an imitation of the peculiar
2. The offender knew of the counterfeiting or design of a genuine coin.
forgery; and
3. He used the counterfeit seal or forged Counterfeiting former coins withdrawn from
signature or stamp. circulation is NOT prohibited under Article
163.
NOTES:
 This felony is committed by the use of the  To import fake coins means to bring them
forged signature or counterfeit seal or stamp. into port. The importation is complete before
The offender under this article should NOT entry at the Customs House.
be the forger.
 To utter means to pass counterfeited coins. It
 In using forged signature or stamp of the is uttered when it is paid, when the offender
Chief Executive, or forged seal, the is caught counting the counterfeited coins
participation of the offender is in effect that of preparatory to the act of delivering them,
an accessory, and although the general rule even though the utterer may not obtain the
is that he should be punished by a penalty gain he intended.
two degrees lower, under Article 162 he is
punished by a penalty only one degree  Article 163 penalizes the making, importing,
lower. and uttering of false coins whether of the
United State, of the Philippines, or of a
ARTICLE 163: foreign country, because it is intended to
MAKING AND IMPORTING AND

130
 protect not only the coins legally minted in
said countries, but also the public in general. ARTICLE 165:
SELLING OF FALSE OR MUTILATED COIN,
 Mere possession of counterfeit money is WITHOUT CONNIVANCE
NOT a crime. To constitute a crime, the
possession must be coupled with intent to PUNISHABLE ACTS:
use any of such counterfeit money (Estrada, 1. Possession of coin, counterfeited or
supra.). mutilated by another person, with the intent
to utter the same, knowing that it is false or
ARTICLE 164: mutilated.
MUTILATION OF COINS
ELEMENTS: P I K
Mutilation means to take off part of the metal (a) Possession;
either by filing it or substituting it for another (b) Intent to utter; and
metal of inferior quality. (c) Knowledge.

PUNISHABLE ACTS: 2. Actually uttering such false or mutilated coin,

1. Mutilating coins of the legal currency, with knowing the same to be false or mutilated.
the further requirement that there be intent to
damage or defraud another. ELEMENTS: A K
2. Importing or uttering such mutilated coins, (a) Actually uttering; and
with the further requirement that there must (b) Knowledge.
be connivance with the mutilator or importer
in case of uttering. NOTES:
 Possession of or uttering false coin does
ELEMENTS: NOT require that the counterfeited coin is
1. The coin mutilated is legal tender; legal tender.
2. Offender gains from the precious metal
extracted from the coin; and But if the coin being uttered or possessed is
3. It has to be a coin, not a bill. a mutilated coin, it must be a legal tender
coin.
NOTES:
 It is indispensable that the mutilated coin be  The possession prohibited in Article 165 is
a legal tender. possession in general, that is not only actual
possession, physical possession, but also
The coin must be of the legal currency of the constructive possession or the subjection of
Philippines and not of a foreign country has the thing to one’s control; otherwise,
not been withdrawn from the circulation. offenders could easily evade the law by mere
expedient of placing other persons in actual
Basis: Mutilation of coin is punished possession of the thing although retaining
because the coin being a legal tender is still the constructive possession or actual control
in circulation. Thus, if you deface a coin by thereof (People vs. Andrada, 11 C.A. Rep.
extracting or deforming it, you are 147).
diminishing the intrinsic worth of a coin.
 Possession of the counterfeiter or mutilators
 There must be intention to mutilate. or importers of false or mutilated coins does
NOT constitute a separate offense, but is
 Mutilation under this Article is only applicable identified with the counterfeiting, or mutilation
to coins, not bills. or importation.

It is not a crime under the RPC to mutilate  Actual uttering false or mutilated coin,
bills because the purpose in mutilation is to knowing it to be false or mutilated is
collect the precious elements or metal dust penalized under this article, even if the
from the coin. P.D 247 covers both coin and offender was NOT in connivance with the
bills. counterfeiter or mutilator.

131
 alteration is too obvious that a person cannot
 The accused must have knowledge of the be deceived at all, there is no forgery.
fact that the coin is false.
 The subject matter of forgery is treasury or
ARTICLE 166: bank notes. If what is forged is a document,
COUNTERFEITING, IMPORTING, AND the crime is falsification.
UTTERING NOTES AND DOCUMENTS
PAYABLE TO BEARER  The falsification of PNB checks is not forgery
under this article but falsification of
PUNISHABLE ACTS: commercial documents under Article 172 in
1. Forging or falsification of treasury or bank re Article 171.
notes or other documents payable to bearer;
2. Importation of such false or forged ARTICLE 167:
obligations or notes; and COUNTERFEITING, IMPORTING, AND
3. Uttering of such false or forged obligations or UTTERING INSTRUMENTS
notes in connivance with forgers or NOT PAYABLE TO BEARER
importers.
ELEMENTS:
TERMS: 1. There be an instrument payable to order or
 FORGING is committed by giving to a other documents of credit not payable to
treasury or bank note or any instrument bearer;
payable to bearer or to order the appearance 2. The offender either forged, imported, or
of a true and genuine document. uttered such instrument; and
3. In case of uttering, he connived with the
 FALSIFICATION is committed by erasing, forger or importer.
substituting, counterfeiting, or altering by any
means, the figures, letters, words, or signs NOTES:
contained therein (Article 169).  Application of Article 167 is limited to
instrument payable to order or other
 IMPORTATION of forged or false obligations document of credit not payable to bearer.
or notes means to bring them into the
Philippines, which presupposes that the  It is believed that this article cover
obligations or notes are forged or falsified in instruments or other documents of credit
a foreign country. issued by a foreign government or bank
because the act punished includes that of
 UTTERING false or forged obligations or importing, without specifying the country or
notes means offering such notes knowing government issuing them.
them to be false or forged, whether such
offer was accepted or not, with a  The utterer should NOT be the forger.
representation that they are genuine and with Connivance is not required in uttering if the
an intent to defraud. utterer is the forger for he can be liable as a
forger of the instrument.
Uttering forged bill must be with connivance
with the authors of the forgery to constitute a ARTICLE 168:
violation of Article 166. ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER
Covered Notes, Obligations and Securities: INSTRUMENTS OF CREDIT
(a) Treasury or bank notes;
(b) Certificates; and ELEMENTS:
(c) Other obligations and securities, payable to 1. Any treasury or bank note or certificate or
bearer. other obligation and security payable to
bearer, or any instrument payable to order or
NOTES: other documents of credit not payable to
 The forgery contemplated by law here is that bearer is forged or falsified by another
one perpetrated to deceive the public. If the person.

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2. The offender knows that any of those
instruments is forged or falsified. ESSENCE OF FORGERY
3. He performs any of these acts – The essence of forgery is giving the document
(a) Using any of such forged or falsified the appearance of a true and genuine document.
instruments; or
(b) Possessing with the intent to use any of QUESTION:
such forged or falsified instruments. Is the accused liable if he, instead of carrying out
his intention, disposed the forged note?
NOTES:
 Possession of false treasury or bank notes ANSWER:
alone is NOT a criminal offense. For it to NO. The law will not close the door of repentance
constitute an offense under this article,the on him, who having set foot on the path of crime,
possession must be with the intent to use retraces his steps before it is too late (People vs.
said false treasury or bank notes (People vs. Padilla, 36 O.G. 2404).
Digoro; March 4, 1966).
FORGERY FALSIFICATION
 Mere possession of false money bill, without
intent to use it to the damage, is NOT a Forgery as used in Falsification is the
crime. Article 169 refers to commission of any of
the falsification and the eight (8) acts
 The accused must have knowledge of the counterfeiting of mentioned in Article
forged character of the note. treasury or bank 171 on legislative
notes or any (only the act of
instrument payable to making alteration),
 The rule is that if a person had in his
bearer or order. public or official,
possession a falsified document and he
commercial or private
made use of it (uttered it), taking advantage
documents, or
of it and profiting thereby, the presumption is
wireless, or telegraph
that he is the material author of the
messages.
falsification.

ARTICLE 169: FALSIFICATION

HOW FORGERY IS COMMITTED
FIVE CLASSES OF FALSIFICATION:
Forgery may be committed by the following 1. Falsification of legislative documents;
means: 2. Falsification of a document by a public
1. By giving to a treasury or bank note or any officer, employee or notary public;
instrument payable to bearer or to order 3. Falsification of public or official, or
mentioned therein, the appearance of a true commercial documents by a private
and genuine document. individual;
2. By erasing, substituting, counterfeiting or 4. Falsification of a private document by any
altering by any means the figures, letters, person; and
words or sign contained therein. 5. Falsification of wireless, telegraph and
telephone messages.
NOTES:
 Forgery includes falsification and DOCUMENT
counterfeiting. It is any written statement by which a right is
established or an obligation is extinguished. It is
also a writing or instrument by which a fact may
 The subject of forgery should be treasury or
be proven or affirmed. It must be of apparent
bank notes – if the subject of forgery were a
legal efficacy.
document other than these, the crime would
be falsification (Boado, 2008).
KINDS OF DOCUMENTS:
(a) Public Document– a document created,
 Defacement, mutilation, tearing, burning or
executed, or issued by a public official in
destroying of Central Bank notes and coins is
response to the exigencies of the public
penalized under P.D. 247.

133
 service, or in the execution of which a public  R.A. 248 prohibits the reprinting,
official intervened. reproduction or republication of government
publications and official documents without
(b) Official Document – a document which is previous authority.
issued by a public official in exercise of the
function of his office. ARTICLE 171:
FALSIFICATION BY PUBLIC OFFICERS
(c) Private Document – a deed or instrument
executed by a private individual without the ELEMENTS:
intervention of a notary public or other 1. The offender is a public officer, employee or
persons legally authorized, by which a notary public;
document some disposition or agreement is 2. He takes advantage of his official position;
proved, evidenced or set forth. 3. He falsifies a document by committing any of
the following acts:
NOTE: A private document may acquire the (a) Counterfeiting or imitating any
character of a public document when it handwriting, signature or rubric;
becomes part of official record and is (b) Causing it to appear that persons have
certified by a public officer duly authorized by participated in any act or proceeding
law. when they did not in fact so participate;
(c) Attributing to persons who have
(d) Commercial Document – any document participated in an act or proceeding
defined and regulated by Code of statements other than those in fact made
Commerce. by them;
(d) Making untruthful statements in a
ARTICLE 170: narration of facts;
FALSIFICATION OF LEGISLATIVE (e) Altering true dates;
DOCUMENTS (f) Making any alteration or intercalation in a
genuine document which changes its
ELEMENTS: meaning;
1. There be a bill, resolution or ordinance (g) Issuing in authenticated form a document
enacted or approved or pending approval by purporting to be a copy of an original
either House of the Legislature or any document when no such original exists,
provincial board or municipal council; or including in such copy a statement
2. The offender (any person) alters the same; contrary to, or different from, that of the
3. He has no proper authority therefor; and genuine original; and
4. The alteration has changed the meaning of (h) Intercalating any instrument or note
the document. relative to the issuance thereof in a
protocol, registry or official book; and
NOTES: 4. In case the offender is an ecclesiastical
 The bill, resolution, or ordinance altered must minister, the act of falsification is committed
be genuine. with respect to any record or document of
such character that its falsification may affect
 The offender is any person. the civil status of persons.

If the offender is a public official entrusted NOTES:

with the custody or possession of such  Only public officer, employee, or notary to
document Article 171 will apply. public or ecclesiastical minister can be the
offender.
 The act of falsification in legislative document
is limited to altering it which changes its BUT, a private person who cooperates with a
meaning. Hence, other acts of falsification, public officer in the falsification of a public
even in legislative document, are punished document is guilty of the crime and incurs the
either under Article 171 or under Article 172. same liability and penalty as the public officer
(U.S. vs. Ponte; 20 Phil. 379).

134
 There is NO crime of attempted or frustrated  To feign means to represent by false
falsification of public document appearance; to give a mental
existence to; to imagine.
 Alteration or changes to make the document
speak the truth do not constitute falsification  Example: Drawing up an open will
(U.S. vs. Mateo; 25 Phil. 324). purporting to have been executed in
March 1901, by one Petra Mariano
 The offender took advantage of his official and signed by Norberto Cajucom at
position in falsifying a document when: her request and by attesting
(a) He has the duty to make or prepare or witnesses, when as a matter of fact
otherwise to intervene in the preparation she died on July 28, 1900, is
of the document; or falsification of feigning (U.S. vs. De
(b) He has the official custody of the Los Angeles; 04 Phil 597).
document which he falsifies (People vs.
Santiago Uy; 53 O.G. 7236). REQUISITES:
(a) There is an intent or attempt to imitate;
 Even if the offender was a public officer but if and
he did NOT take advantage of his official (b) The two signatures or handwritings, the
position, he would be guilty of falsification of genuine and the forged, bear some
a document by a private person under Article resemblance to each other (U.S. vs.
172. Rampas; 20 Phil. 189).

 In falsification by (1) making alteration and NOTE: The signature, handwriting, or mark
intercalation, or (2) including in a copy of of another person must be signed or made
different statement, there must be a genuine by the offender, without authority to do so.
document that is falsified. Thus in par. 6, 7 (U.S. vs. Paraiso, 1 Phil. 66).
(second part), and 8 of Article 171, the law
requires that there be a genuine document. 2. Causing it to appear that persons have
participated in an act or proceeding
 In other paragraphs, falsification may be
committed by simulating or fabricating a REQUISITES:
document. (a) The offender caused it to appear in a
document that a person or persons
DIFFERENT MODES OF participated in an act or a proceeding;
FALSIFICATION OF DOCUMENTS and
(b) Such person or persons did not in fact so
participate in the act or proceeding.
1. Counterfeiting or imitating (feigning) any
handwriting, signature, or rubric NOTES:
 The imitation of the signature of the
(a) Counterfeiting, which is imitating any
offended party is NOT necessary in
handwriting, signature or rubric;
falsification under par. 2, Article 171.
 In counterfeiting, there is an original
(People vs. De la Llave, 40 O.G. 1908).
signature or handwriting which is
 When committed by a private individual,
imitated.
Article 172 should be applied.
 An imitation is necessary but it need
not be perfect. 3. Attributing to persons who have
participated in any act or proceeding
(b) Feigning, which is simulating a statements other than those in fact made
signature, handwriting or rubric out of by them
one which does not in fact exist
 In feigning, there is no original REQUISITES:
signature, handwriting or rubric, but (a) A person or persons participated in an
a forgery of a signature, handwriting act or a proceeding;
or rubric that does not exist.

135
 (b) Such person or persons made  The fact that one’s consent was obtained
statements in that act or proceedings; by means of violence does not make the
and facts narrated therein false (U.S. vs.
(c) The offender, in making document, Milla; 4 Phil. 391).
attributed to such person or persons
statements other than those in fact made CASE:
by such person or persons. A personal data sheet (PDS) is a public
document. The petitioner stated under Item
4. Making untruthful statements in a 18 in his PDS that he passed the civil
narration of facts engineering board examination given on May
30-31, 1985 in Manila with a rating of 75.8%.
REQUISITES: Thereafter, petitioner submitted his PDS to
(a) The offender makes in a document the BTO, Legazpi City. However, the
statements in a narration of facts; petitioner did not pass the Civil Engineering
(b) He has a legal obligation to disclose the Board Examination on 1985. Is petitioner
truth of the facts narrated by him; guilty of falsification by making untruthful
(c) The facts narrated by the offender are statements in a narration of facts?
absolutely false; and
(d) The perversion of truth in the narration of HELD:
facts was made with the wrongful intent Yes. He is guilty because of the mere fact
of injuring a third person. that he stated in his PDS that he is a board
passer of civil engineering board which is
NOTES: absolutely false is (Fullero vs. People;
 There must be a narration of facts, not September 12, 2007).
conclusions of law.
5. Altering true dates
 Legal obligation means that there is a
law requiring the disclosure of the truth of
NOTES:
the facts narrated.
 Date is essential.
 The alteration of the date or dates in a
 The person making narration of facts
document must affect either the veracity
must be aware of the falsity of the facts
of the document or the effects thereof.
narrated by him. There is no falsification
by one who acted in good faith.  Altering dates in official receipt to prevent
the discovery of malversation is
The statement in the affidavit that the falsification
affiant was the owner of a banca which
he had raised from the bottom of the 6. Making alteration or intercalation in a
estero by virtue of a contract with the genuine document which changes its
municipality and that it remained meaning
unclaimed, is not falsification because
she believed that he was entitled to its REQUISITES:
ownership (U.S. v. San Jose; 7 Phil. (a) There be an alteration (change) or
604). intercalation (insertion) on a document;
(b) It was made on a genuine document;
 The narration of facts must be absolutely (c) The alteration or intercalation has
changed the meaning of the documents;
false. The rule is that if the statements
and
are not altogether false, there being
(d) The change made the document speak
some colorable truth in such statements,
something false.
the crime of falsification is not deemed to
have been committed.
NOTES:
 Alteration which speaks that truth is not
 Wrongful intent is not an essential
falsification.
element when the document falsified is a
public document.  To be an alteration in violation of the law,
it must be one “which causes the

136
 instrument to speak a language different 1. The offender is a private individual or a
in legal effect from that which it originally public officer or employee who did NOT take
spoke.” advantage of his official position;
 The alteration must affect the integrity or 2. He committed any of the acts of falsification
change the effects of the document. The enumerated in Article 171; and
changes must have legal effect. 3. The falsification was committed in a public or
official or commercial document.
7. Issuing in authenticated form a document
purporting to be a copy of an original NOTES:
document when no such original exists,  The possessor of a falsified document is
or including in such a copy a statement presumed to be the author of the falsification.
contrary to, or different from, that of the
genuine original  In falsification of public or official documents,
it is NOT necessary that there be present the
NOTES: idea of gain or the intent to cause damage to
 The offense can only be committed by a a third person, for the reason that, in
public officer or a notary public who contradiction to a private documents, the
takes advantage of his official position principal thing punished is the violation of the
since the authentication of a document public faith and the destruction of the truth as
can be made only by the custodian or the therein solemnly proclaimed. However,
one who prepared and retained the copy par.no.4, making untruthful statements in a
of the original document. narration of facts is an exception to this since
it requires intent to injure.
 Intent to gain or prejudice is NOT
necessary.  Lack of malice or criminal intent is a defense
in the falsification of public document.
8. Intercalating any instrument or note
relative to the issuance thereof in a 2. Falsification of private document by any
protocol, registry or official book person (Paragraph 2)

ARTICLE 172: ELEMENTS:

FALSIFICATION BY PRIVATE INDIVIDUALS 1. The offender committed any of the acts of
AND USE OF FALSIFIED DOCUMENTS falsification, except those in par. 7,
enumerated in Article 171;
PUNISHABLE ACTS: 2. The falsification was committed in any
1. Falsification of public, official, or commercial private document; and
document by a private individual (Paragraph 3. The falsification caused damage to a third
1); party or at least the falsification was
2. Falsification of private document by any committed with intent to cause such damage.
person (Paragraph 2);
3. Use of falsified document (a) judicial Mere falsification of private documents is
proceeding or (b) in any proceeding. (Last NOT enough. Two things are required:
Paragraph). 1. He must have counterfeited the false
document;
NOTE: There is NO frustrated or attempted 2. He must have performed an independent act
falsification. Falsification is consummated the which operates to the prejudice of a third
moment the genuine document is altered of the person.
moment the false document is executed (Reyes,
2008). NOTES:
 Damage need NOT be material.
1. Falsification of public, official, or  Damage to one’s honor is included.
commercial document by a private  It is NOT necessary that the offender profited
individual (Paragraph 1) or hoped to profit by the falsification.

ELEMENTS: RULES:

137
 When the offender commits on a document which the document is at least no intention
any of the acts of falsification enumerated in solemnly proclaims, to cause it, the
Article 171 as a necessary means to commit and for this reason, it falsification is not
another crime like estafa, theft or is immaterial whether punishable.
malversation, the two crimes form a complex or not some prejudice
crime under Article 48. However, the has been caused to
document falsified must be public, official, or third persons.
commercial.
3. Use of falsified document (Paragraph 3)
 There is NO complex crime of estafa through
falsification of a private document because ELEMENTS:
the fraudulent gain obtained through deceit in 1. Introducing in a judicial proceeding –
estafa, in the commission of which a private (a) Offender knew that a document was
document was falsified, is nothing more nor falsified by another person;
less than the very damage caused by the (b) The false document is embraced in
falsification of such document. Article 171 or in any subdivisions No.
1 or 2 of Article 172; and
 There is a complex crime of falsification of (c) He introduced said document in
public documents through reckless evidence in any judicial proceeding.
imprudence (People v. Banas, C.A. – G.R.
No. 11761-R). 2. Use in any other transaction –
(a) Offender knew that a document was
 However, it depends upon the necessity of falsified by another person;
double checking or verifying the veracity of (b) The false document is embraced in
the documents signed by the offender. (El Article 171 or in any subdivisions No.
Pueblo de las Islas Filipinas contra 1 or 2 of Article 172;
Mendoza, C.A. – G.R. No. 7658). (c) He used such document (not in a
judicial proceeding); and
 There is NO falsification of private document (d) The use of the false document caused
through reckless imprudence since in damage to another or at least it was
falsification of private document; there must used with intent to cause such damage.
be intent to cause damage.
NOTES:
 Falsification is consummated the moment the  Damage is not necessary in the crime of
genuine document is altered or the moment introducing in judicial proceeding a false
the false document is executed. It is document. HOWEVER, when a falsified
immaterial that the offender did not achieve document is used in a proceeding other than
his objective. judicial, damage or at least, intent to cause
damage is essential.
 In order that “blank” might come within the
purview of Articles 166, 167, 171 or 172, it is  If the one who used the falsified document is
necessary that the blank spaces be filled and the same person who falsified it, the crime is
the signature of a party purported to be only falsification and the use of the same is
authorized to issue it be written by another in not a separate crime.
the counterfeited instrument (People vs.
Santiago; 48 O.G. 4858). The user of a falsified document is deemed
the author of the falsification if:
FALSIFICATION OF FALSIFICATION OF (a) The use is so closely connected in time with
PUBLIC PRIVATE the falsification; and
DOCUMENTS DOCUMENTS (b) The user had the capacity of falsifying the
document.
The principal thing Prejudice to a third
punished is the party is primarily
violation of public taken into account so ARTICLE 173:
faith and the that if such damage is
perversion of truth not apparent, or there

138
 FALSIFICATION OF WIRELESS CABLE, Certificate is any writing by which testimony is
TELEGRAPH, AND TELEPHONE MESSAGES, given that a fact has or has not taken place
and USE OF SAID FALSIFIED MESSAGES (Bouvier’s Law Dictionary, p. 442).

PUNISHABLE ACTS: PERSONS LIABLE:

1. Uttering fictitious wireless, telegraph or 1. Physician or surgeon who, in connection with
telephone messages; the practice of his profession, issued a false
2. Falsifying wireless, telegraph, or telephone certificate. (NOTE: It must refer to the illness
messages; or injury of a person.)
2. Public officer who issues a false certificate of
ELEMENTS FOR ACTS 1 and 2: merit or service, good conduct or similar
(a) The offender is an officer or employee of circumstances.
the Government or an officer or 3. Private individual who falsified a certificate
employee of a private corporation, falling in the classes mentioned in Nos. 1 and
engaged in the service of sending or 2.
receiving wireless, cable or telephone
messages; and NOTES:
(b) Offender commits any of the following  The falsification of the certificate of large
acts: cattle is NOT covered by Article 174.
(1) Uttering fictitious wireless, cable, Certificate of large cattle is a public
telegraph or telephone messages; or document and its falsification is covered by
(2) Falsifying wireless, cable, telegraphs Article 171 or 172, depending on whether the
or telephone messages. offender is a public officer or a private
individual.
3. Using such falsified messages.
 The phrase “or similar circumstances” does
ELEMENTS FOR ACT 3: NOT seem to cover property, because the
(a) The accused knew that wireless, cable, circumstance contemplated must be similar
telegraph or telephone messages was to merit, service, or good conduct.
falsified by any of the persons specified
in the first paragraph of Article 173; ARTICLE 175:
(b) The accused used such falsified USING FALSE CERTIFICATES
dispatch;
(c) The use of the falsified dispatch resulted ELEMENTS:
in the prejudice of a third party, or that 1. A physician or surgeon had issued a false
the use thereof was with the intent to medical certificate, or a public officer had
cause prejudice. issued a false certificate of merit or service,
good conduct, or similar circumstances, or a
NOTES: private person had falsified any of the said
 The public officer, to be liable, must be certificates;
engaged in the service of sending or 2. The offender knew that the certificate was
receiving wireless, cable, telegraph, or false.
telephone message. 3. He used the same.
 Section 4, Act No. 1851, punishes private
individual who forge or alter telegram. NOTE:
 For uttering or falsifying, a private individual  When any of the false certificates mentioned
may be a principal by inducement but not in Article 174 is used in a judicial proceeding,
direct participation. For use of a falsified Article 172 does NOT apply because the use
message, the offender may be any person. of false document in judicial proceeding
under Article 172 is limited to those false
ARTICLE 174: documents embraced in Articles 171 and
FALSE MEDICAL CERTIFICATES, FALSE 172.
CERTIFICATE OF MERIT OR SERVICE, ETC.
ARTICLE 176:
CERTIFICATE

139
 MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR NOTE: The mere act of knowingly and
FALSIFICATION falsely representing one self to be an officer
is sufficient. It is NOT necessary that he
PUNISHABLE ACTS: performs an act pertaining to a public officer.
1. Making or introducing into the Philippines
any stamps, dies, marks or other instruments 2. By performing any act pertaining to any
or implements for counterfeiting or person in authority or public officer of the
falsification. Philippine Government or of a foreign
2. Possessing with the intent to use the government or any agency thereof, under
instruments or implements for counterfeiting pretense of official position, and without
or falsification made in or introduced into the being lawfully entitled to do so.
Philippines by another person.
NOTES:
NOTES:  It is essential that the offender should
 The implements confiscated need not form a have performed an act pertaining to a
complete set for counterfeiting, it being person in authority or public officer.
enough that they may be employed by
themselves or together with other  It is necessary that he represents himself
implements to commit the crime of to be an officer, agent or representative
counterfeiting or falsification. of any department or agency of the
 The possession prohibited in Articles 165 government.
and 176 is possession in general that is not
only actual, physical possession, but also There must be a positive, express, and
constructive possession or the subjection of explicit representation.
the thing to one’s control.
NOTES:
EXAMPLES:  Article 177 may be violated by a public
1. A person who manufactured a seal in officer.
imitation of the seal of Lipa, Batangas for
making false certificates for the transfer of  Article 177 punishes the usurper who acts
livestock, is guilty of making instrument for under false pretense and NOT the occupant
falsification of certificates. (U.S. v. Angeles; under color of title.
6 Phil. 435).
2. A person who possessed an iron brand to be  USURPER
used in falsifying the official brand of a It is one who introduces himself into an office
municipality for cattle branding, is guilty of that is vacant or who without color of title,
illegal possession of instrument for ousts the incumbent and assumes to act as
falsification (People v. Magpale; 70 Phil. an officer by exercising some of the functions
177). of the office.

ARTICLE 177:  R.A. 75 provides a penalty for usurping the

USURPATION OF AUTHORITY OR OFFICIAL authority of diplomatic or consular or any
FUNCTIONS other official of a foreign government in
addition to the penalties imposed under the
TWO OFFENSES: RPC.
1. Usurpation of authority; and
2. Usurpation of official functions. NOTE: The offender must have the intent to
defraud either government.
TWO WAYS OF COMMISSION:
1. By knowingly and falsely representing The acts performed must pertain:
oneself to be an officer, agent or (a) To the Government;
representative of any department or agency (b) To any person in authority;
of the Philippine Government or any foreign (c) To any public officer.
government.

140
 Under Sec.1, R.A. 10, “any person who with must be present. is not necessary.
or without pretense of official position, shall Purpose is any of the Purpose is merely
perform any act pertaining to the following, to conceal a to conceal identity.
Government, or any person in authority or crime, to evade the
public officer, without being lawfully entitled execution of a
to do so shall be punished with imprisonment judgment or to cause
for not less than two years, nor more than damage.
ten years.”
Subject is only the Subject is both the
NOTE: R.A. 10 applies ONLY to members of name of the person. name and other
seditious organization engaged in subversive personal
activities. circumstances.

ARTICLE 178: ANTI–ALIAS LAW

USING FICTITIOUS and (C.A. 142, as amended by R.A. 6085)
CONCEALING TRUE NAME
PROHIBITION:
PROHIBITED ACTS: No person shall use any name different from the
one with which he was registered at birth in the
1. USING FICTITIOUS NAME office of the local civil registry, or with which he
was baptized for the first time, or, in case of an
ELEMENTS: alien, with which he was registered in the Bureau
1. The offender uses a name other than his of Immigration upon entry; or such substitute
real name; name as may have been authorized by a
2. He uses that fictitious name publicly; and competent court (Section 1).
3. The purpose of the offender is to
(a) Conceal a crime; EXCEPTION:
(b) To evade execution of a judgment; Except as a pseudonym solely for literary,
or cinema, television, radio or other entertainment
(c) To cause damage to public interest. purposes and in athletic events where the use of
pseudonym is a normally accepted practice.
FICTITIOUS NAME
It is any other name which a person publicly Any person desiring to use an alias shall apply
applies to himself without the authority of for authority therefor in proceedings like those
law. legally provided to obtain judicial authority for a
change of name, and no person shall be allowed
NOTE: If the purpose is for causing damage, to secure such judicial authority for more than
it must be damage to public interest. If it is one alias (Section 2, R.A. 6085).
damage to private interest, the crime will be
estafa under Article 315, subdivision 2, par. ARTICLE 179:
(a). ILLEGAL USE OF UNIFORMS OR INSIGNIA

2. CONCEALING TRUE NAME ELEMENTS:

1. The offender makes use of insignia, uniform,
ELEMENTS: or dress;
1. The offender conceals : 2. The insignia, uniform or dress pertains to an
(a) His true names; and office not held by the offender or to a class of
(b) All other personal circumstances; persons of which he is not a member; and
and 3. The said insignia, uniform or dress is used
2. The purpose is only to conceal his publicly and improperly.
identity.
NOTES:
USE OF CONCEALING  Wearing the uniform of an imaginary office is
FICTITIOUS NAME TRUE NAME NOT punishable.
Element of publicity Element of publicity

141
 An exact imitation of a uniform or dress is
unnecessary. A colorable resemblance THREE FORMS OF FALSE TESTIMONY:
calculated to deceive the common run of 1. False testimony in criminal cases;
people – not those thoroughly familiar with 2. False testimony in civil cases; and
every detail or accessory thereof – is 3. False testimony in other cases.
sufficient.
NOTES:
 “Improper use of uniform” means that the  Penalty depends upon the sentence of the
offender has no right to use the uniform or defendant against whom false testimony was
insignia. given.

 R.A. 75 punishes the unauthorized wearing  The four cases enumerated in Article 180
of uniform, decoration, or regalia of foreign presuppose a final judgment or conviction or
State. acquittal in the basic case as a prerequisite
to the actionability of the crime of false
 R.A. 493 punishes the wearing of insignia, testimony against the defendant.
badge or emblem of rank of the members of
the Armed Forces of the Philippines or  Defendant must be sentenced at least to:
Constabulary. (a) A correctional penalty; or
(b) A fine; or
 E.O. 297 punishes the illegal manufacture, (c) Acquitted.
sale, distribution and use of PNP uniforms,
insignias and other accoutrements.  Violation of this article requires criminal
intent. Hence, it CANNOT be committed
ARTICLE 180: through negligence.
FALSE TESTIMONY AGAINST A DEFENDANT
 The witness who gave false testimony is
ELEMENTS: liable even if his testimony was not
1. There be a criminal proceeding; considered by the court in acquitting or
2. The offender testifies falsely under oath convicting the accused.
against the defendant therein;
3. The offender who gives false testimony ARTICLE 181:
knows that it is false; FALSE TESTIMONY FAVORABLE
4. The defendant against whom the false TO THE DEFENDANTS
testimony is given is either acquitted or
convicted in a final judgment. (NOTE: ELEMENTS:
Prescriptive period starts at this point.) 1. A person gives false testimony;
2. Testimony is in favor of the defendant; and
NATURE OF THE CRIME: 3. It was given in a criminal case.
It is particularly odious when committed in judicial
proceedings, as it constitute an imposition upon NOTES:
the court and seriously exposes it to a  False testimony is punished not because of
miscarriage of justice (People vs. Reyes; C.A. 48 the effect it actually produces, but because of
O.G. 1837). its tendency to favor or prejudice the
defendant.
FALSE TESTIMONY
It is a declaration under oath of a witness in a  The false testimony in favor of the defendant
judicial proceeding which is contrary to what is need not directly influence the decision of
true, or to deny or to alter the essential truth. acquittal. It is sufficient that the false
testimony was the intent to favor the
It is committed by a person who, being under defendant.
oath and required to testify as to the truth of a
certain matter at a hearing before a competent  A statement of mere opinion is NOT
authority, shall deny the truth or say something punishable.
contrary to it.

142
 Conviction or acquittal of defendant (final category of “other cases” contemplated in
judgment) in principal case is NOT Article 183.
necessary. It is sufficient that the defendant
is prosecuted for a felony punishable by  This does NOT apply to special civil actions.
afflictive or other penalty.
 The question of the falsity of the subject
 The defendant who falsely testified on his testimonies is a prejudicial question. Pending
own behalf in a criminal case is guilty of false the determination of the falsity of the subject
testimony favorable to the defendant (U.S. testimonies in the civil case, the criminal
vs. Soliman; 36 Phil. 5). action for false testimony must be
suspended.
NOTE: The Soliman ruling shall apply ONLY
when the defendant voluntarily goes upon  The basis of the penalty is the amount
the witness stand and falsely imputes to involved in the civil case.
some other person the commission of a
grave offense. If he merely denies the PERJURY FALSE TESTIMONY
commission of the crime or his participation It is given in non- It is given in a judicial
therein, he should not be prosecuted for false judicial proceedings. proceeding.
testimony.
Statement or Testimony need not
testimony is required be required by law.
 Ratification made spontaneously after
by law.
realizing the mistake is not false testimony.
Amount involved is Amount involved in
ARTICLE 182: not material. civil cases is material.
FALSE TESTIMONY IN CIVIL CASES Immaterial whether It is always material in
statement or criminal cases.
ELEMENTS: testimony is
1. The testimony must be given in a civil case; favorable or not to
2. The testimony must relate to the issues the accused.
presented in said case;
3. The testimony must be false; ARTICLE 183:
4. The false testimony must be given by the FALSE TESTIMONY IN OTHER CASES AND
defendant knowing the same to be false; and PERJURY IN SOLEMN AFFIRMATION
5. The testimony must be malicious and given
with an intent to affect the issues presented TWO WAYS OF COMMITTING PERJURY:
in said case (U.S. vs. Aragon; 5 Phil. 469). 1. By falsely testifying under oath; and
2. By making a false affidavit.
EXAMPLE:
During the trial court of Civil Case No. 1692 in NOTE: Falsely testifying under oath should NOT
the Court of First Instance of Iloilo, wherein Juan be in a judicial proceeding; otherwise, the crime
Abraham, Jr. sued Vasquez for some nine would be false testimony. Special proceeding,
thousand and odd pesos, the balance due on which is non-adversarial in character, is an
account, the latter produced an alleged receipt exception to this.
for P 8,700 which he alleged had been signed
and delivered to him by Abraham Jr. and testified PERJURY
under oath that he had paid him this amount. The It is an offense which covers false oaths other
receipt was not genuine and Vasquez had not than those taken in the course of judicial
paid the P8,700 (U.S. v. Vasquez; 26 Phil. 480). proceedings.

NOTES: ELEMENTS OF PERJURY: S C W R

 Article 182 applies ONLY to ordinary civil 1. The accused made a statement under oath
cases, as contemplated in Sec. 1, Rule 2, or executed an affidavit upon a material
ROC, and does NOT apply to special matter;
proceedings, which may fall under the

143
2. The statement or affidavit was made before a the questions presented to him upon matters
competent officer, authorized to receive and under his jurisdiction.
administer oath;
3. In that statement or affidavit, the accused  The assertion of falsehood must be willful
made a willful and deliberate assertion of a and deliberate.
falsehood; and
4. The sworn statement or affidavit containing  Good faith or lack of malice is a defense in
the falsity is required by law. perjury.

OATH  Two contradictory sworn statements are

It is any form of attestation by which a person NOT sufficient to convict a person of perjury.
signifies that he is bound in conscience to The prosecution must prove which of the two
perform an act faithfully and truthfully. It involves statements is false and must show that
the idea of calling on God to witness what is statement to be false by other evidence other
averred as truth, and it is supposed to be than the contradictory statement.
accompanied with an invocation of His
vengeance, or a renunciation of His favor, in the ADDITIONAL NOTES:
event of falsehood.  The testimony or affidavit must have been
made to comply with a legal requirement, i.e.
AFFIDAVIT it must be required by law and must be
It is a sworn statement in writing – a declaration required to be under oath. (Saavedra, Jr. v.
in writing, made upon oath before an authorized Court of Appeals; 44 SCAD 822).
magistrate or officer.
 If the document is not required to be under
MATERIAL MATTER oath, even if it were sworn to or notarized,
It is the main fact which is the subject of the perjury is still not committed because perjury
inquiry or any circumstance which tends to prove requires that the oath be a legal requirement.
that fact or any fact or circumstance which tends
to corroborate or strengthen the testimony  If the testimony is not under oath, the crime
relative to the subject of inquiry, or which is falsification. If the signature is forged, there
legitimately affects the credit of any witness who is still no perjury but there is falsification.
testifies. Therefore, the essential elements to make
the statement perjury and not falsification are
 In order that the perjury could exist, it is that it must be under oath and there is falsity
necessary that the false statement refers to in the statement made.
material matter and NOT merely to facts
pertinent to the case.
SUBORNATION OF PERJURY
 TEST OF MATERIALITY:
It is committed by a person who knowingly and
Whether a false testimony can influence the
willfully procures another to swear falsely and the
tribunal, not whether it does, or could
witness suborned does testify under
probably influence the result of the trial.
circumstances rendering him guilty of perjury
(U.S. vs. Ballena; 18 Phil. 382).
(a) Material – when it is directed to prove a
fact in issue.
NOTE: Subordination of perjury is NOT
(b) Relevant – when it tends in any
expressly penalized under the RPC but the direct
reasonable degree to establish the
induction of a person by another to commit
probability or improbability of a fact in
perjury maybe punished under Article 183 in
issue.
relation to Article 17.
(c) Pertinent – when it concerns collateral
matters which make more or less
probable the proposition at issue. ARTICLE 184:
OFFERING FALSE TESTIMONY
NOTES: IN EVIDENCE
 A competent person authorized to administer
oath is person who has a right to inquire into ELEMENTS:

144
1. The offender offered in evidence a false  It is committed by mere solicitation of gift
witness or false testimony; or promise as consideration for not
2. He knows the witness or testimony was bidding.
false;
3. The offer was made in a judicial or official  If the person to whom the solicitation is
proceeding. made agrees to pay or gives gift or
makes a promise, then he will be a
NOTES: principal in the crime. His act will be
 Article 184 where a person, without inducing similar to the second way of committing
another, but knowing him to be a false the crime.
witness, presented him and the latter falsely
testified in judicial or official proceedings. If 2. Attempting to cause bidders to stay away
there is an inducement, Articles 180, from an auction by threats, gifts, promises or
181,182, or 183 in relation to Article 7, par. 2, any artifice.
will apply.
ELEMENTS:
 Penalty is that for false testimony if (a) There be a public auction;
committed in judicial proceeding or that for (b) The accused attempted to cause the
perjury if committed in other official bidders to stay away from that public
proceedings. auction;
(c) It was done by threats, gifts, promises, or
 Article 184 punishes mere offering of a false any other artifice; and
testimony or false witness. The conviction of (d) The accused had the intent to cause the
the perjurer is unnecessary, unlike in reduction of the price of the thing
subordination. The witness may not have auctioned.
actually perjured but the offeror is still liable
for having offered the false witness. NOTES:
 Mere attempt consummates the crime.
FRAUDS The threat need not be effective nor the
offer or gift accepted. There is no crime
of attempted or frustrated machination in
ARTICLE 185:
public auction.
MACHINATIONS IN PUBLIC AUCTION
 There should be intention to reduce
price.
Rationale: Execution sales should be opened to
free and full competition in order to secure the
maximum benefit for the debtors. ARTICLE 186:
MONOPOLIES AND COMBINATION IN
PUNISHABLE ACTS: RESTRAINT OF TRADE
1. Soliciting any gift or promise as a
consideration for refraining from taking part PUNISHABLE ACTS:
in the public auction. 1. Combination to prevent free competition in
the market.
ELEMENTS: (a) By entering into any contract or
(a) There be a public auction; agreement or taking part in any
(b) The accused solicited any gift or a conspiracy or combination in the form of
promise from any of the bidders; trust or otherwise;
(c) Such gift or promise was the (b) In restraint of trade or commerce or to
consideration for his refraining from prevent by artificial means free
taking part in that public auction; and competition in the market.
(d) The accused had the intent to cause the
reduction of the price of the thing 2. Monopoly to restrain free competition in the
auctioned. market.
(a) By monopolizing any merchandize or
NOTES: objects of trade or commerce, or by
combining with any other person or

145
 persons to monopolize said merchandize prevent the commission of the said crime will be
or object; held liable.
(b) In order to alter the prices thereof by
spreading false rumors or making use of MONOPOLY COMBINATION
any other artifice; and
(c) To restrain free competition in the It is the privilege or It is an agreement or
market. peculiar advantage understanding between
vested in one or two or more persons, in
3. Manufacturer, producer, or processor, or more persons or the form of contract,
importer combining, conspiring or agreeing companies, trust, pool, holding
with any person to make transactions consisting in the company or other form
prejudicial to lawful commerce or to increase exclusive right or of association, for the
the market price of merchandise. power to carry on a purpose of unduly
particular article or restricting competition,
(a) Manufacturer, producer, processor or control the sale or monopolizing trade and
importer of any merchandise or object of the whole supply of commerce in a certain
commerce; a particular commodity, controlling
(b) Combines, conspires or agrees with any commodity. its production,
person; and distribution and price, or
(c) Purpose is to make transactions otherwise interfering
prejudicial to lawful commerce or to with freedom of trade
increase the market price of any without authority.
merchandise or object of commerce Monopoly refers to Combination in restraint
manufactured, produced, processed, end. of trade refers to
assembled or imported into the means.
Philippines.
THE PERSON LIABLE IS THE:
NOTES: 1. Manufacturer;
 Acts 1 and 2 can be committed by any 2. Producer;
person, while Act 3 can only be committed by 3. Processor; or
a manufacturer, producer, processor, or 4. Importer of any merchandise or object of
importer. commerce.
 If the offense affects any food substance,
motor fuel or lubricants, or other articles of THE CRIME IS COMMITTED BY:
prime necessity, it is NOT necessary that 1. Combining;
there be conspiracy; mere initial steps 2. Conspiring; or
towards hoarding, combination, or monopoly 3. Agreeing with any person.
will give rise to the crime.
PURPOSES:
PROBLEM: 1. To make transactions prejudicial to lawful
Shell, Petron, and Caltex projected an increase commerce, or ;
in the price of gas and oil in the world market, so 2. To increase the market price of any
they conspired and combined to hoard their merchandise or object of commerce
stocks so come the next month, the price of manufactured, produced, processed,
these stocked oil will also go up. (1) What crime assembled, or imported into the Philippines.
or crimes are committed by the companies? (2)
Who will be held liable? NOTES:
 Any property possessed under any contract
ANSWERS: or combination contemplated in this article,
(1) Monopolies and combinations in restraint of shall be forfeited by Government (Par. 3,
trade under Article 186 are committed. Article 186).

(2) The president or managers or directors  Mere conspiracy or combination is punished.

thereof who knowingly committed or failed to
 If the offense affects any food substance or
other article of prime necessity, it is sufficient

146
 that initial steps have been taken in carrying MERCHANDISE MADE OF GOLD, SILVER, OR
out the purpose of combination. OTHER PRECIOUS METALS
OR THEIR ALLOYS
 When the offense is committed by a
corporation or association, the president and Articles or Merchandise Involved:
each one of the directors or managers are 1. Gold;
liable. BUT, they are liable only when they: 2. Silver;
(a) Knowingly permitted; or 3. Other precious metals; or
(b) Failed to prevent the commission of such 4. Their alloys.
offense.
ELEMENTS:
THE PRICE ACT 1. The offender imports, sells, or disposes of
(Republic Act No. 7581) any of those articles or merchandise articles
made of gold, silver, or other precious metals
The Price Act declares it unlawful for any person or their alloys;
habitually engaged in the production, 2. The stamps, brands, or marks of those
manufacture, importation, storage, transport, articles or merchandise fail to indicate the
distribution, sale or other methods of disposition actual fineness or quality of said metals or
of goods to engage in the following acts of price alloys; and
manipulation of the price of any basic necessity 3. The offender knows that the stamps, brands,
or prime commodity: or marks fail to indicate the actual fineness or
quality of the metals or alloys.
1. HORDING
(a) The undue accumulation by a person or NOTES:
combination of persons of any basic  Selling misbranded articles is not necessary.
commodity beyond his or their normal But there must be evidence showing that the
inventory levels; or articles were imported.
(b) The unreasonable limitation or refusal to
dispose of, sell or distribute the stocks of  Article 187 does NOT apply to manufacturer
any basic necessity of prime commodity of misbranded articles made of gold, silver,
to the general public; or etc. The manufacturer is liable for estafa
(c) The unjustified taking out any basic under Article 315, subdivision 2(b) of the
necessity or prime commodity from the Code.
channels of reproduction, trade,
commerce and industry. Intellectual Property Code of the Philippines
(R.A. No. 8293) repealed the provisions of
2. PROFITEERING Articles 188 and 189 of the RPC which are
The sale or offering for sale of any basic inconsistent therewith.
necessity or prime commodity at a price
grossly in excess of its true worth. ARTICLES 188–189

3. CARTEL The Intellectual Property Code of the

Any combination of or agreement between Philippines (R.A. 8293) repealed the provisions
two (2) or more persons engaged in the of Articles 188 and 189 which are inconsistent
production, manufacture, processing, therewith.
storage, supply, distribution, marketing, sale
or disposition of any basic necessity or prime
ARTICLE 188:
commodity designed to artificially and
SUBSTITUTING AND ALTERING
unreasonably increase or manipulate its
TRADEMARKS, TRADENAMES, OR SERVICE
price (Section 5). (Reyes, supra., p. 283-
MARKS
284).
PUNISHABLE ACTS:
ARTICLE 187:
1. By (1) substituting the trade name or
IMPORTATION AND DISPOSITION OF
trademark of some other manufacturer or
FALSELY MARKED ARTICLES OR
dealer, or a colorable imitation thereof, for

147
 the trade name or trademark of the real TEST OF UNFAIR COMPETITION:
manufacturer or dealer upon any article of The true test of unfair competition is whether
commerce, and (2) selling the same. certain goods have been clothed with an
appearance which is likely to deceive the
2. By selling or by offering for sale such articles ordinary purchaser exercising ordinary care (U.S.
of commerce, knowing that the trade name vs. Manuel; 7 Phil. 221).
or trademark has been fraudulently used.
THE NEW PUBLIC BIDDING LAW
3. By using or substituting the service mark of (Republic Act No. 9184)
some other person or a colorable imitation of
such mark, in the sale or advertising of his PROHIBITED ACTS:
services. 1. Public officers who commit any of the
following:
4. By printing, lithographing, reproducing trade (a) Open any sealed bid including but not
name, trademark, or service mark of one limited to bids that may have been
person, or a colorable imitation thereof, to submitted through the electronic system
enable another person to fraudulently use and any and all documents required to
the same, knowing the fraudulent purpose for be sealed or divulging their contents,
which it is to be used. prior to the appointed time for the public
opening of Bids or other documents.
ARTICLE 189: (b) Delaying, without justifiable cause, the
UNFAIR COMPETITION, FRAUDULENT screening for eligibility, opening of bids,
REGISTRATION OF TRADENAME, evaluation and post evaluation of bids,
TRADEMARK, SERVICE MARK, and awarding of contracts beyond the
FRAUDULENT DESIGNATION OF ORIGIN, prescribed periods of Bids or other
AND FALSE DESCRIPTION documents.
(c) Unduly influencing or exerting undue
PUNISHABLE ACTS: pressure on any member of the BAC or
1. Unfair competition by selling his goods, any officer or employee of the procuring
giving them the general appearance of the entity to take a particular bidder.
goods of another manufacturer or dealer. (d) Splitting of contracts which exceed
2. Fraudulent designation of origin; false procedural purchase limits and
description by affixing to his goods or using competitive bidding.
in connection with his services a false (e) When the head of the agency abuses the
designation of origin; or any false description exercise of his power to reject any and
or representation, and selling such goods or all bids as mentioned under Section 41
services. of this Act with manifest preference to
3. Fraudulent registration by procuring any bidder who is closely related to him
fraudulently from the patent office the in accordance with Section 47 of this Act.
registration of trademark or service mark.
NOTES:
ELEMENTS:  When any of the foregoing acts is done in
1. The offender gives his goods the general collusion with private individuals, the private
appearance of the goods of another individuals shall likewise be liable.
manufacturer or dealer;  In addition, the public officer involved shall
2. The general appearance is shown in the also suffer the penalty of temporary
goods themselves, or in the wrapping of their disqualification from public office, while the
packages, or in the device or words therein, private individual shall be permanently
or in any other feature of their appearance; disqualified from transacting business with
3. The offender offers to sell or sells those the government.
goods or gives other persons a chance or
opportunity to do the same with a like 2. Private individuals who commit any of the
purpose; and following acts, including any public officer,
4. There is actual intent to deceive the public or who conspires with them:
defraud a competitor.

148
 (a) When two or more bidders agree and one's name for the purpose of
submit different Bids as if they were bona participating in a public bidding.
fide, when they knew that one or more of (d) Withdraw a Bid, after it shall have
them was so much higher than the other qualified as the Lowest Calculated
that it could not be honestly accepted Bid/Highest Rated Bid, or to accept and
and that the contract will surely be award, without just cause or for the
awarded to the pre-arranged lowest Bid. purpose of forcing the Procuring Entity to
(b) When a bidder maliciously submits award the contract to another bidder.
different Bids through two or more This shall include the non-submission of
persons, corporations, partnerships or requirements such as, but not limited to,
any other business entity in which he has performance security, preparatory to the
interest of create the appearance of final award of the contract.
competition that does not in fact exist so
as to be adjudged as the winning bidder. 4. When the bidder is a juridical entity, criminal
(c) When two or more bidders enter into an liability and the accessory penalties shall be
agreement which call upon one to refrain imposed on its directors, officers or
from bidding for Procurement contracts, employees who actually commit any of the
or which call for withdrawal of bids foregoing acts (Section 65).
already submitted, or which are
otherwise intended to secure as undue
advantage to any one of them.
(d) When a bidder, by himself or in
connivance with others, employ schemes
which tend to restrain the natural rivalry
of the parties or operates to stifle or
suppress competition and thus produce a
result disadvantageous to the public.

NOTE: The persons involved shall also

suffer the penalty of temporary or perpetual
disqualification from public office and be
permanently disqualified from transacting
business with the government.

3. Private individuals who commit any of the

following acts, and any public officer
conspiring with them:

(a) Submit eligibility requirements of

whatever kind and nature that contain
false information or falsified documents
calculated to influence the outcome of
the eligibility screening process or
conceal such information in the eligibility
requirements when the information will
lead to a declaration of ineligibility from
participating in public bidding.
(b) Submit Bidding Documents of whatever
kind and nature than contain false
information or falsified documents or
conceal such information in the Bidding
Documents, in order to influence the
outcome of the public bidding.
(c) Participate in a public bidding using the
name of another or allow another to use

149
 TITLE FIVE: (b) Offender acted as organizer,
CRIMES RELATIVE TO OPIUM AND manager, or financier.
OTHER PROHIBITED DRUGS*
2. Sale, trading, administration,
dispensation, delivery, distribution and
*Article 190–194, Revised Penal Code were
transportation of dangerous drugs and/or
repealed by R.A. 6425 (The Dangerous Drugs
controlled precursors and essential
Act of 1972) which took effect on March 30, 1972
chemicals(Section 5)
(Sec. 42), as amended by P.D. 1683 and further
amended by R.A. 7659.
NOTES:
 Persons Liable:
COMPREHENSIVE (a) The person selling, trading,
DANGEROUS DRUGS ACT administering, dispensing, delivering,
(Republic Act No. 9165) distributing, transporting or
dispatching in transit;
NOTE: This act repealed the provisions under (b) Broker;
Title V, RPC. Crimes relative to prohibited drugs (c) Organizer;
are now covered under this act. (d) Manager;
(e) Financier; and
NON-APPLICABILITY OF RPC (f) Protector or coddler.
General Rule: Notwithstanding any law, rule or
regulation to the contrary, the provisions of the  Circumstances warranting the
RPC, as amended, shall NOT apply. imposition of maximum penalty:
(a) Transaction transpires within 100
Exception: Where the offender is a minor, the meters from the school;
penalty for acts punishable by life imprisonment (b) Use of minors or mentally
to death provided herein shall be reclusion incapacitated individuals as runners,
perpetua to death. couriers, messengers;
(c) Victim is a minor or a mentally
PROHIBITED ACTS incapacitated individual;
(d) Dangerous drug or controlled
1. Importation of dangerous drugs and/or precursor or essential chemical is
controlled precursors and essential the proximate cause of the death of
chemicals (Section 4) victim; and
(e) Offender acted as organizer,
NOTES: manager, or financier.
 There is violation regardless of the
quantity or purity involved.  In actions involving the illegal sale of
dangerous drugs, the following elements
 Persons Liable: must first be established:
(a) Importer; (a) Proof that the transaction or sale
(b) Organizer; actually took place, and
(c) Manager; (b) The presentation in court of the
(d) Financier; and corpus delicti or the illicit drug as
(e) Protector or coddler. evidence (People v. Morales; March
19, 2010).
 Circumstances warranting the
imposition of maximum penalty: NOTE: The prosecution does not
(a) Importing such items through the use comply with the indispensable
of a diplomatic passport, diplomatic requirement of proving the violation
facilities, or any other means of Section 5, R.A. 9165 when the
involving an offenders’ official status dangerous drugs are missing but
intended to facilitate unlawful entry of also when there are substantial gaps
the same; and in the chain of custody of the seized
dangerous drugs (People v.
Mendoza; June 23, 2014).

150
 (a) Owner of the den, dive or resort;
 In order to successfully prosecute an (b) Organizer, manager, or financier;
accused for illegal sale of dangerous (c) Protector or coddler;
drugs, the prosecution must be able to (d) Any employee who is aware of the
prove the following elements: nature of the place; and
(a) Identities of the buyer and seller, the (e) Any person who is aware of the
object, and the consideration; and nature of the place as such and shall
(b) The delivery of the thing sold and the knowingly visit the same.
payment therefore (People vs.
Opiana; January 12, 2015). 4. Being employees or visitors of a drug
den, dive or resort(Section 7)
3. Maintenance of a den, dive or resort
where any dangerous drug, controlled NOTE:
precursor and essential chemical is used  Persons Liable:
or sold in any form(Section 6) (a) Any employee of the den, dive or
resort who is aware of the nature of
NOTES: the place; and
 Opium Dive or Resort (b) Any person who is aware of the
It is a place where any dangerous drug nature of the place as such and shall
and/or controlled precursor and essential knowingly visit the same.
chemical is administered, delivered,
stored for illegal purposes, distributed, 5. Manufacture of dangerous drugs and/or
sold, or used in any form. controlled precursors and essential
chemicals(Section 8)
 Circumstances warranting imposition
of the maximum penalty: NOTE:
(a) Drug is administered, delivered, or  Presumption:
sold to a minor, who is allowed to Presence of any controlled
use the same in such places; and precursor/essential chemical or
(b) Offender is the organizer, the laboratory equipment in a clandestine
manager or the financier. laboratory is prima facie proof of
manufacture of any dangerous drugs.
 Circumstances raising the penalty to
death and a fine of P1 M – P15 M:  Persons Liable:
(a) Dangerous drug is the proximate (a) Manufacturer;
cause of the death of person using (b) Organizer;
such place; and (c) Manager;
(b) Offender is the maintainer, owner or (d) Financier; and
operator. (e) Protector or coddler.

 If such den, dive, resort is owned by a  It shall be considered an aggravating

third person, the same shall be circumstance if the clandestine
confiscated and escheated in favor of the laboratory is undertaken or established
government. under the following circumstances:

It is required that: (a) It is conducted in the presence or

(a) It must be alleged that the place was with the help of minors:
intentionally used in furtherance of (b) It is located within 100 meters of a
the crime; residential, business, church or
(b) The prosecution must prove such school premises;
intent; and (c) Clandestine laboratory is secured or
(c) Owner must be included as an protected with booby traps;
accused in the criminal complaint. (d) It is concealed with legitimate
business operations; or
 Persons Liable: (e) It employs a practitioner, chemical
engineer, public official or foreigner.

151
 NOTES:
 Qualifying Circumstance:  Mere possession without legal authority
Offender acted as organizer, manager, is punishable because it constitutes
or financier. evidence of knowledge and animus
possidendi.
6. Illegal chemical diversion of controlled
precursors and essential Animus possidendi is prima facie
chemicals(Section 9) presumed from possession and may be
rebutted by evidence that the accused
NOTE: did not exercise power or control over
 Those who are authorized by law are the illicit drug.
NOT liable under this section.
 Possession includes actual and
 Maximum penalty shall be imposed if a constructive possession.
minor or a mentally incapacitated person
is used to deliver;  Violation exists regardless of the quantity
or purity involved.

7. Manufacture or delivery of equipment,  What is punished is present possession,

instrument, apparatus, and other not past possession.
paraphernalia for dangerous
drugs(Section 10)  It is NOT necessary to allege in
information that accused is not
NOTES: authorized to possess.
 Punishable Acts:
(a) Delivery;  Penalty to be imposed depends upon the
(b) Possession with intent to deliver; or quantity of prohibited drug or article
(c) Manufacture with intent to deliver. possessed.

 It is required that the accused knows, or  Defense of frame-up is viewed with

under circumstances where one disfavor (Cupcupin vs. People;
reasonably should know, that it will be November 19, 2002).
used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, 9. Possession of equipment, instrument,
convert, produce, process, prepare, test, apparatus and other paraphernalia for
analyze, pack, repack, store, contain or dangerous drugs (Section 12)
conceal any dangerous drug.
ELEMENTS:
 Maximum penalty shall be imposed if a (a) Possession or control by the accused of
minor or mentally incapacitated person any equipment, apparatus or other
was used to deliver such equipment. paraphernalia fit or intended for smoking,
consuming, administering, injecting,
8. Possession of dangerous drugs(Section ingesting, or introducing any dangerous
11) drug into the body; and
(b) Such possession is NOT authorized by
ELEMENTS: law (People vs. Mariano; November 14,
(a) The accused is in possession of the 2012).
object identified as a prohibited or
regulated drug; NOTE:
(b) Such possession is not authorized by  Possession of such equipment,
law; and instrument, apparatus and other
(c) The accused freely and consciously paraphernalia is prima facie evidence
possessed the said drug (People vs. that the possessor has smoked,
Opiana; January 12, 2015). consumed, administered, injected or
ingested to himself, or used dangerous

152
 drug. Such possessor is presumed to  It is applicable to physicians or other
have also violated Section 15. medical practitioners authorized to
prescribe medicine.
10. Possession of dangerous drugs during
parties, social gatherings or  Prescription is unnecessary when the
meetings(Section 13) physical or physiological condition does
not require the use or dosage prescribed.
NOTE: It is committed by any person found
possessing any dangerous drugs (a) during a  Revocation of license to practice shall be
party, social gathering or meeting, OR (b) in imposed upon the practitioner who shall
the proximate company of at least two (2) prescribe any dangerous drug to any
persons. person whose physical or physiological
condition does not require the use or in
11. Possession of equipment, instrument, the dosage.
apparatus, paraphernalia for dangerous
drugs during parties, gatherings or 16. Unlawful prescription of dangerous
meetings(Section 14) drugs(Section 19)

12. Use of dangerous drugs(Section 15) NOTE: It is committed by any person who
shall make or issue a prescription or any
ELEMENTS: other writing purporting to be a prescription
(a) The accused was apprehended for the for any dangerous drugs.
use of dangerous drug;
(b) He was found to be positive for use of UNNECESSARY UNLAWFUL
any dangerous drug; and PRESCRIPTION PRESCRIPTION
(c) No other dangerous drug was found in
his possession (otherwise, the charge Offender is a Offender is any
would not be use but illegal possession). practitioner person.
Victim suffers from Victim may or may
13. Cultivation or culture of plants classified physical or not suffer from any
as dangerous drugs or are physiological physical or
sources(Section 16) condition. physiological
condition.
NOTE: In case of medical laboratories and Offender is Offender is not
medical research centers, the Board shall authorized by law to authorized by law to
prescribe the necessary implementing prescribe dangerous prescribe dangerous
guidelines for the proper cultivation, culture, drugs. drugs.
handling, experimentation and disposal of
such plants and materials. 17. Criminal liability of public officers or
employees (Section 27)
14. Failure to maintain and keep original
records of transactions on dangerous (a) Misappropriation, misapplication or
drugs and/or controlled precursors and failure to account for seized,
essential chemicals(Section 17) confiscated or surrendered
dangerous drugs, plants which are
NOTE: It is violated by any practitioner, sources of drugs, instruments,
manufacturer, wholesaler, importer, paraphernalia, or laboratory
distributor, dealer or retailer who violates or equipment, including proceeds or
fails to comply with the maintenance and properties obtained from the unlawful
keeping of the original records of acts committed(Par. 1)
transactions on any dangerous drugs.
(b) Benefiting from the proceeds of the
15. Unnecessary prescription of dangerous trafficking of dangerous drugs as
drugs(Section 18) prescribed in this Act, or have
received any financial or material
NOTE:

153
 contributions or donations from
natural or juridical persons found IMPORTANT NOTE: Sections 11, 12, 13, 14, 15,
guilty of trafficking dangerous 16, 18, 19, 27, 30 (par. 1), 37, and 72 are NOT
drugs(Paragraph 2) applicable when the subject is a controlled
precursor and essential chemicals.
18. Planting Evidence(Section 29)

It is a willful act by any person of maliciously EFFECT OF ATTEMPT OR CONSPIRACY

inserting, placing, adding or attaching directly
or indirectly, through any overt or covert act, Any attempt or conspiracy to commit the
whatever quantity of any dangerous drug in following unlawful acts shall be penalized by the
the person, house, effects, or in the same penalty prescribed for the commission of
immediate vicinity of an innocent individual the same:
for the purpose of implicating, incriminating
or imputing the commission of any violation (a) Importation of any dangerous drug and/or
of this Act. controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation,
19. Criminal liability of officers juridical delivery, distribution and transportation of
entities (Section 30) any dangerous drug and/or controlled
precursor and essential chemical;
(a) Consenting to or knowingly tolerating (c) Maintenance of a den, dive or resort where
violation of this Act(Paragraph 1) any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
(b) Knowingly authorizing, tolerating or controlled precursor and essential chemical;
consenting to the use of a vehicle, and
vessel, aircraft, equipment or other (e) Cultivation or culture of plants which are
facility, as an instrument in the sources of dangerous drugs (Section 26).
importation, sale, trading,
administration, dispensation, delivery, CONFISCATION AND FORFEITURE
distribution, transportation or
manufacture of dangerous drugs, or
Every penalty shall carry with it the confiscation
chemical diversion, if the same is
and forfeiture in favor of the government of all the
owned by or under the control or
proceeds and properties derived from the
supervision of the partnership,
unlawful act … unless they are property of a third
corporation, association or juridical
person not liable for the unlawful act, but those
entity to which they are affiliated(Par.
which are not of lawful commerce shall be
2).
ordered destroyed without delay (Section 20).
NOTE: In this case, officers of juridical
NOTE: If the item confiscated is a vehicle, it shall
entities are liable as co-principals.
be auctioned off not later than five (5) days upon
order of confiscation and forfeiture.
20. Violating any regulation issued by the
Board(Section 32)
IMMUNITY FROM PROSECUTION
21. Issuance of false or fraudulent drug test AND PUNISHMENT
results(Section 37)
REQUISITES:
22. Violates the confidentiality of records of 1. The person has violated Sections 7, 11, 12,
drug dependents under voluntary 14, 15, and 19, Article II;
submission program (Sec. 72) 2. He voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and
23. Failure or refusal to appear as a a witness 16, Article II as well as any violation of the
for any violation of R.A. 9165 (Section 91) offenses mentioned if committed by a drug
syndicate, or any information leading to the
24. Delay and bungling in the prosecution of whereabouts, identities and arrest of all or
drug-related cases(Section 92) any of the members thereof;

154
3. He willingly testifies against such persons as It is the duly recorded authorized movements
described above; and and custody of seized drugs or controlled
4. Conditions are complied with. chemicals or plant sources of dangerous drugs,
or laboratory equipment of each stage, from the
CONDITIONS FOR IMMUNITY time of seizure/confiscation to receipt in the
He shall be exempted from prosecution or forensic laboratory to safekeeping to
punishment for the offense with reference to presentation in court for destruction. Such record
which his/her information of testimony were of movements and custody of seized items shall
given, and may plead or prove the giving of include the identity and signature of the person
such information and testimony in bar of who held temporary custody of the seized item,
such prosecution: Provided, That the the date and time when such transfer of custody
following conditions concur: was made in the course of the safekeeping and
use in court as evidence, and the final disposition
1. The information and testimony are (Section 1(b), DDB Regulation No. 1, s. 2002).
necessary for the conviction of the
persons described above; PURPOSE:
2. Such information and testimony are not It is designed to ensure the integrity and
yet in the possession of the State; reliability of the evidence to be presented against
3. Such information and testimony can be the accused (People v. Relato, 2012).
corroborated on its material points;
4. the informant or witness has not been The apprehending team having initial custody and
previously convicted of a crime involving control of the drugs shall, immediately after seizure
moral turpitude, except when there is no and confiscation, physically inventory and
photograph the same in the presence of: (a) the
other direct evidence available for the accused or the person/s from whom such items were
State other than the information and confiscated and/or seized, or his/her representative or
testimony of said informant or witness; counsel, (b) representative from the media and the (c)
and DOJ representative, and (d) any elected public official.,
who shall be required to sign the copies of the
5. The informant or witness shall strictly inventory and be given a copy thereof.
and faithfully comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and Within 24 hours upon confiscation/seizure, the
punishment. confiscated items shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative
examination.
Provided further, That this immunity may be
enjoyed by such informant or witness who
does NOT appear to be most guilty for the
offense with reference to which his/her
information or testimony were given. Within 24 hours after the receipt of the subject item/s,
Provided finally, That there is NO direct a certification of the forensic laboratory examination
evidence available for the State except for results, which shall be done under oath by the forensic
laboratory examiner.
the information and testimony of the said
informant or witness. When the volume does not allow the completion of
testing within the time frame, a partial laboratory
examination report shall be provisionally issued, but
CUSTODY AND DISPOSITION testing must be completed within 48 hours total.

The PDEA shall take charge and have custody of

all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia Within 72 hours after the filing of the criminal case, the
and/or laboratory equipment so confiscated, Court shall conduct an ocular inspection of the
confiscated, seized and/or surrendered items.
seized and/or surrendered, for proper disposition
(Sec. 21).

CHAIN OF CUSTODY

155
 Within 24 hours thereafter, PDEA shall proceed with 1. The seizure and marking, if practicable,
the destruction or burning of the seized items, in the of the illegal drug recovered from the
presence of the (a) accused or the person/s from accused by the apprehending officer;
whom such items were confiscated and/or seized, or
his/her representative or counsel, (b) a representative 2. The turnover of the illegal drug seized by
from the media, (c) DOJ representative, (d) civil society the apprehending officer to the
groups, and (e) any elected public official. investigating office;
 Items of lawful commerce shall be donated, used 3. The turnover by the investigating officer
or recycled for legitimate purposes. of the illegal drug to the forensic
 A representative sample, duly weighed and chemist for laboratory examination;
recorded shall be retained. and
4. The turnover and submission of the
marked illegal drug seized from the
forensic chemist to the court(People vs.
The Board shall then issue a sworn certification as
Nandi; July 13, 2010).
to the fact of destruction or burning of the subject
item/s which, along with the samples, shall be  What is essential is the preservation of the
submitted to court having jurisdiction over the case. integrity and the evidentiary value of the
seized items, as the same would be utilized
in the determination of guilt of the accused.
Non-compliance with the procedural
requirements under R.A. 9165 and its IRR
After the promulgation and judgment in the criminal relative to the custody, photographing, and
case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor drug-testing of the apprehended persons, is
shall inform the Board of the final termination of the NOT a serious flaw that can render void the
case and, in turn, shall request the court for leave to seizures and custody of drugs in a buy0bust
turn over said samples to PDEA for proper operation. (People v. Cardenas; March 21,
disposition and destruction within 24 hours from receipt
of the same. 2012).

REHABILITATION
NOTES:
 The accused or his/her representative or VOLUNTARY COMPULSORY
counsel shall be allowed to personally REHABILITATION REHABILITATION
observe all of the above proceedings and It is applied for by the Petition is filed by the
his/her presence shall not constitute an offender or his Dangerous Drugs
admission of guilt. parents, spouse, Board or its agent or
guardian or relative prosecutor/court.
In case accused refuses or fails to appoint a within the fourth
representative/counsel within 72 hours after degree of
written notice prior to the actual burning or consanguinity.
destruction, the DOJ Secretary shall appoint
a PAO member to represent the former. Application is filed Petition is filed in the
with the DDB. RTC of the city or
 The failure to conduct a physical inventory province where the
and to photograph the items seized from the offender was found.
accused will not render his arrest illegal or It applies to: (1) any It applies to: (1) any
the items confiscated from him inadmissible person determined person determined
in evidence as long as the integrity and and found to be and found to be
evidentiary value of the said items have been dependent on dependent on
preserved (People vs. Parcon; February 10, dangerous drugs, or dangerous drugs, or
2014). (2) any person who (2) a person charged
violates Sec. 15. with an offense where
 Four (4) links should be established in the the imposable penalty
chain of custody of the confiscated item: is imprisonment or
less than 6 years and
1 day, and is found to

156
 be drug dependent. even if there was no delivery, the illegal sale is
established.
Exemption from criminal liability at the end of
rehabilitation is subject to certain conditions.
Prescription period for PROBLEM:
the offense for which If in the same problem, the fiscal failed to present
the drug dependent is the police who acted as the poseur buyer, but
charged is presented all the other police officer who saw the
suspended. transaction. Will such failure to present buyer
bring about an acquittal?
OTHER IMPORTANT MATTERS
ANSWER:
PLEA BARGAINING NOT AVAILABLE NO. The testimony of the poseur buyer is not
Any person charged under any provision of this material if the other police officers can testify as
Act, regardless of the imposable penalty, shall to the existence of the said transaction. The
NOT be allowed to avail of the provisions of plea moment that the said transaction has been
bargaining (Section 23). denied by the drug peddler, it is now incumbent
upon the prosecution to present the buyer,
DISQUALIFICATION FOR PROBATION otherwise, the testimony of other police would be
Any person convicted for drug trafficking or hearsay evidence
pushing under this Act, regardless of the penalty
imposed by the Court, CANNOT avail of the
privilege granted by the Probation Law, as PROBLEM:
amended (Section 24). A is a sidewalk vendor. P parked his car and
called on A and asked him to deliver a box to X
DRUG SYNDICATE in consideration of P1,000. A was curious and
It is any organized group of two or more persons asked what’s inside. P told A to just deliver the
forming or joining together with the intention of box to X. When A delivered to X, police arrived
committing any offense prescribed under the act. and arrested A. Marijuana was inside the box.
Can A be liable of delivering drugs?
SAMPLE PROBLEMS
ANSWER:
PROBLEM: NO. A did not have knowledge of the content of
In a buy-bust operation, it was agreed by the box.
police that when the poseur buyer takes off his
eye glasses the transaction is signaled to be
finished and police may now arrive and arrest. PROBLEM:
When during the actual scene, the offender and A, B, and C entered a contract of lease with X for
the police already agreed on the price. When the an apartment. Unknown to X, A, B, and C used
offender gave the drugs, the police immediately the apartment as a den for shabu when the
took off his eyeglasses without giving yet the police conducted a raid, A, B, and C were all
money. All the other police officers arrived after arrested.
that. The pusher was arrested. Can there be
conviction despite the fact that there was no 1. Can X be held liable?
transfer of marked money in the transaction? 2. Can the place be escheated and forfeited
in favor of the government?
ANSWER:
YES. In fact, the marked money need NOT be ANSWER:
presented in court for it is only corroborative or (1) YES. X can be held liable even if he is a
cumulative in evidence. The second element stranger insofar as the use of the place as a den
requires that the object of the sale and the price is concerned.
must be established. The law does not require a
simultaneous exchange of dangerous drugs and (2) YES, the place may be escheated and
money. So long as the price was established, forfeited in favor of the government provided (a)
the owner must be included in the complaint as

157
co-accused; (b) the complaint must allege that
the place was intentionally used in furtherance of
the crime; and (c) the prosecution must be able
to prove such intent.

PROBLEM:
A told B that they are going to have a session.
Thinking that it was a mahjong session, B
agreed. When B arrived at A’s house, he was
shocked that it was a shabu session. Police
arrived armed with a search warrant. Among
those arrested was B. Can he be convicted?

ANSWER:
NO. B did not know that the place was used as a
den, dive or resort.

PROBLEM:
G, a police officer, saw V snatch the wallet of B.
G ran after and followed V inside a house. Upon
opening, G saw X, Y, and Z actually using shabu,
they were arrested and were searched. In the
pockets of X, Y, and Z, two (2) small bags of
shabu were found. What crime should be filed?

ANSWER:
Information for Illegal possession of dangerous
drugs should be filed. The crime is NOT illegal
use because the third element is not present.

158
 TITLE SIX: baccarat, cuajo,
CRIMES AGAINST PUBLIC MORALS pangguigue, and other
card games;

(e) Pak que, high and

low, mah-jong, domino
CHAPTER 1:
and other games using
GAMBLING AND BETTING plastic tiles and the like

ARTICLES 195–196 (f) Slot machines,

roulette, pinball, and
Articles 195 and 196 have been repealed and other mechanical
modified by P.D. Nos. 449, 483, and 1602, as contraptions and
amended by Letter of Instruction No. 816. devices;

GAMBLING (g) Dog racing, boat

It is any game or scheme, whether upon chance racing, car racing and
or skill, wherein wagers consisting of money, other forms of racing;
articles or value or representative of value are at
stake or made (Reyes, supra., p. 339). (h) Basketball, boxing,
volleyball, bowling,
PRESCRIBING STIFFER PENALTIES ON ping-pong and other
ILLEGAL GAMBLING forms of individual or
(Presidential Decree No. 1602) team contests to
include game fixing,
NOTE: P.D. 1602 repealed RPC Articles 195- point shaving and other
199, P.D. 483 (Betting Law), and P.D. 449 machinations; and
(Cockfighting Law) insofar as they are
inconsistent with it. (i) Banking or
percentage game or
other game or scheme,
PERSONS LIABLE PENALTY
whether upon chance
(1) Any person who in Prision correccional or skill, wherein wagers
any manner, shall medium or fine consisting of money,
directly or indirectly ranging from articles of value or
take part in any illegal P1,000 to P6,000 representative of value
or unauthorized are at stake or made.
activities or games of – In case of
recidivism: Prision
(2) Any person who
(a) Cockfighting, mayor medium or
shall knowingly permit
jueteng, jai-alai or horse fine ranging from
any form of gambling to
racing to include bookie P5,000 to P10,000
be carried on in
operations and game
inhabited or uninhabited
fixing, numbers, bingo
place or in any building,
and other forms of
vessel or other means
lottery;
of transportation owned
or controlled by him.
(b) Cara y cruz,
pompiang and the like;
(3) Any person who Prision correccional
(c) 7-11 and any game shall knowingly permit maximum and fine
using dice; any form of gambling to of P6,000
be carried on in a –
(d) Black jack, lucky
nine, poker and its (a) Place where
derivatives, monte gambling is carried on

159
has a reputation of a
gambling place or that (8) Any security officer, Prision correccional
prohibited gambling is security guard, maximum or a fine
frequently carried on watchman, private or ranging from P500
therein, or house detective of to P2,000
hotels, villages,
(b) Place is a public or buildings, enclosures
government building or and the like which have
barangay hall. the reputation of a
gambling place or
(4) Maintainer or Prision correccional where gambling
conductor of gambling maximum and fine activities are being held
schemes of P6,000
INFORMER'S REWARD
(5) Maintainer, Prision mayor Any person who shall disclose information that
conductor or banker of medium with will lead to the arrest and final conviction of the
gambling schemes who temporary absolute malefactor shall be rewarded 20% of the cash
is a government official, disqualification or a money or articles of value confiscated or forfeited
or where such fine of P6,000 in favor of the government (Sec. 2).
government official is
the player, promoter, NOTES:
referee, umpire, judge  GAMBLING
or coach in case of It is any game or scheme, whether upon
game fixing, point chance or skill, wherein wagers consisting of
shaving and money, articles, or value or representative of
machination. value are at stake or made.

(6) Any person who Prision correccional  MAINTAINER

shall, knowingly and medium or a fine It is the person who sets up and furnishes
without lawful purpose ranging from P400 the means with which to carry on the
in any hour of any day, to P2,000 gambling game or scheme.
possess any lottery list,
paper or other matter  CONDUCTOR
containing letters, It is the person who manages or carries on
figures, signs or the gambling game or scheme.
symbols pertaining to or
in any manner used in  In P.D. 1602, playing for money is NOT a
the games of jueteng, necessary element to the game for one to
jai-alai or horse racing commit a crime. When the law names the
bookies, and similar games punishing any person who takes part
games of lotteries and therein, its purpose is to prohibit absolutely
numbers which have those games.
taken place or about to
take place.  A mere bystander or spectator is NOT
criminally liable because he does not directly
(7) Any barangay Temporary or indirectly take part.
official who, with absolute
knowledge of the disqualification  LOTTERY
existence of a gambling It is a scheme for the distribution of prizes by
house or place in his chance among persons who have paid or
jurisdiction, fails to agreed to pay a valuable consideration for
abate the same or take the chance to obtain a prize.
action in connection
therewith. ELEMENTS OF LOTTERY:
1. Consideration;

160
 2. Chance; and capitalist disqualification
3. Prize. from public
office.
NOTE: In a criminal case(U.S. vs. Olsen;
Local government Perpetual and
36 Phil. 395), there is no lottery where a
official, having absolute
person gets the full value for his money, and
knowledge of the disqualification from
the winning of price is merely incidental.
existence of the public office.
BUT, in a civil case (El Debate vs. Topacio;
operation within his
44 Phil. 280), if the inducement to win prize
jurisdiction but fails
is the reason for the purchase then even if
to abate or take
the full value for money is received, it is still
action, or tolerates
lottery.
the same
 ILLEGAL NUMBER GAMES Law enforce who Administrative
It is any form of illegal gambling activity fails to apprehend penalty:
which uses numbers or combinations thereof perpetrators Suspension or
as factors in giving out jackpots, prizes or dismissal.
returns. It includes games such as jueteng
and masiao. PENALIZING BETTING, GAME-FIXING OR
POINT SHAVING AND MACHINATIONS
NOTE: R.A. 9287 increased penalties for IN SPORTS CONTESTS
illegal number games, amending certain (Presidential Decree No. 483)
provisions of P.D. 1602.
BETTING
AN ACT INCREASING THE PENALTIES It refers to betting money or any object or article
FOR ILLEGAL NUMBER GAMES of value or representative of value upon the
(Republic Act. No. 9287) result of any game, races and other sports
contest.
PARTICIPATION PENALTY:
IMPRISONMENT GAME FIXING
It is any arrangement, combination, scheme or
Bettor 30 to 90 days agreement by which the result of any game,
Personnel or staff 6 years and 1 day races or sports contests shall be predicted and/or
Person who allows to 8 years known other than on the basis of the honest
his vehicle, house, playing skill or ability of the players or
building or land to participants.
be used in such
operation POINT SHAVING
It is any such arrangement, combination, scheme
Collector or agent 8 years and 1 day
or agreement by which the skill or ability of any
to 10 years
player or participant in a game, races or sports
Coordinator, 10 years and 1 day contests to make points or scores shall be limited
controller or to 12 years deliberately in order to influence the result
supervisor thereof in favor of one or other team, player or
participant therein.
GOVERNMENT PENALTY
OFFICIAL OR GAME MACHINATIONS
EMPLOYEE It is any other fraudulent, deceitful, unfair or
Collector, agent, (a) Imprisonment: dishonest means, method, manner or practice
coordinator, 12 years and 1 employed for the purpose of influencing the
controller, day to 20 years result of any game, races or sport contest.
supervisor, (b) Fine: P3 M to
maintainer, P5 M; and COCKFIGHTING LAW
manager, operator, (c) Perpetual and (Presidential Decree No. 449)
financier, or absolute

161
NOTE: This repealed Article 199, RPC. (a) Entertainment of foreign dignitaries or for
tourists, or for returning Filipinos, commonly
COCKFIGHTING known as "Balikbayan", or
It shall embrace and mean the commonly known (b) The support of national fund-raising
game or term "cockfighting derby, pintakasi or campaigns for charitable purposes as may
tupada", or its equivalent terms in different be authorized by the Office of the President,
Philippine localities (Section 4(a)). upon resolution of a provincial board, city or
municipal council, in licensed cockpits or in
ESTABLISHMENT OF COCKPITS playgrounds or parks: Provided that, this
Only one cockpit shall be allowed in each city or privilege shall be extended for only one (1)
municipality, except that in cities or municipalities time, for a period not exceeding 3 days,
with a population of over 100,000, two cockpits within a year to a province, city, or
may be established, maintained and operated. municipality.

NOTE: Only Filipino citizens not otherwise NOTES:

inhibited by existing laws shall be allowed to  No gambling of any kind shall be permitted
own, manage and operate cockpits. on the premises of the cockpit or place of
Cooperative capitalization is encouraged. cockfighting during cockfights. The owner,
(Sec. 5(a), P.D. 449). manager or lessee off such cockpit and the
violators of this injunction shall be criminally
HOLDING OF COCKFIGHTS liable (Sec. 5(f), P.D. 449).
Cockfighting shall be allowed only in licensed  Spectators in cockfight are NOT liable unless
cockpits during: he participates as bettor.
(a) Sundays;  Both betting in horse races and in cockfights
(b) Legal holidays; are allowed only in periods allowed by law.
(c) Local fiestas for not more than 3 days; But, betting in cockfights at a place other
(d) Provincial, city or municipal, agricultural, than the licensed cockpits is punishable.
commercial or industrial fair, carnival or
exposition for a similar period of 3 days upon CHAPTER 2:
resolution, subject to the approval of the
OFFENSES AGAINST DECENCY
Chief of Constabulary or his authorized
representative: Provided that, no cockfighting AND GOOD CUSTOMS
on the occasion of such fair, carnival or
exposition shall be allowed within the month ARTICLE 200:
of a local fiesta or for more than two GRAVE SCANDAL
occasions a year in the same city or
municipality: GRAVE SCANDAL
It consists of acts which are offensive to decency
EXCEPTIONS: and good customs which having been committed
NO cockfighting shall be held on: publicly, have given rise to public scandal to
(a) December 30 (Rizal Day) persons who have accidentally witnessed the
(b) June 12 (Independence Day), same.
(c) November 30 (National Heroes Day),
(d) Holy Thursday,  DECENCY
(e) Good Friday, It refers to propriety of conduct. It is the
(f) Election or referendum day, and proper observance of the requirement of
registration days for such election or observance, good taste, etc.
referendum.
 CUSTOMS
Cockfighting for Entertainment of Tourists or It refers to established usage, social
for Charitable Purposes: conventions carried on by tradition and
The Chief Constabulary or his authorized enforced by social disapproval of any
representative may also allow the holding of violation thereof.
cockfighting for:
ELEMENTS:
1. Offender performs an act or acts;

162
2. The act is highly scandalous as offending The performance of The scandalous acts
against good customs; scandalous acts is are committed against
3. The highly scandalous conduct does not mutually consented. the will of the woman;
expressly fall within any other article of RPC; there is employment
4. The act or acts are committed in a public of force and
place or within the public knowledge or view. intimidation.

NOTES:
ARTICLE 201:
 The essence of grave scandal is publicity IMMORAL DOCTRINES, OBSCENE
and that the acts committed are not only PUBLICATIONS AND EXHIBITIONS, AND
contrary to morals and good customs but INDECENT SHOWS
must likewise be of such character as to
cause public scandal to those witnessing it.
PERSONS LIABLE:
1. Those who publicly expound or
 Grave scandal is a crime of last resort. If the
proclaimdoctrines openly contrary to
act concerned constitutes another violation,
public morals;
the offender is to be charged with that other
2. Authors of obscene literature, published
crime, not grave scandal.
with their knowledge in any form, the editors
publishing such literature, and the
 Public view is NOT required. It is sufficient if owners/operators of the establishment selling
committed in public place. the same;
3. Those who exhibit indecent or immoral
 Public view does not require numerous plays, scenes, acts or shows, whether live
persons. Even if there was only one person or in film, which are prescribed by virtue
who witnessed the offensive act for as long hereof; and
as the third person was not an intruder, 4. Those who sell, distribute, or exhibit films,
grave scandal is committed provided theact prints, engravings, sculptures or
does not fall under any other crime in the literature which are offensive to morals if
RPC. there was this establishment selling
magazines with nude pictures or obscene
 If the highly scandalous act is done in a: materials.
(a) Public Place: The law presumes that
somebody may have seen the said act, Rationale: Prohibition of the dissemination of
thus the mere performance of a highly obscene materials to the public is for the
scandalous act in public place amounts protection of public morals.
to this crime.
(b) Private Place: It is necessary that at OBSCENE
least one (1) person has seen the act for It refers to something offensive to chastity,
it to constitute grave scandal. decency or delicacy.

GRAVE SCANDAL ALARMS and TEST OF OBSCENITY:

SCANDAL This test asks whether the tendency of the matter
The scandal involved The scandal involved charged to be obscene is to deprave those
refers to moral refers to disturbances whose minds are open to such immoral
scandal offensive to of the public influences and into whose hands such a
decency although it tranquillity and not to publication may fall, and also whether or not
does not disturb acts offensive such publication or act shocks the ordinary and
public peace and decency. common sense of men as an indecency (U.S. vs.
such conduct must Kottinger; 45 Phil. 352).
be open to the public
view. NOTES:
 Publicity is an essential element.
GRAVE SCANDAL ACTS OF
LASCIVIOUSNESS  Mere nudity in paintings is not obscenity. The
proper test is whether the motive of the

163
 picture as indicated by it, is pure or impure,  Sexual intercourse is not absolutely
or whether it is naturally calculated to excite necessary, as lascivious conduct is sufficient.
impure imaginations.
NOTE: See discussion on Anti-Trafficking in
 Mere possession of obscene materials is not Persons Act (R.A. 9208) in the Special Penal
punishable. Laws section.

 Dissemination of obscene material is

necessary, but the number of times it is
passed on is immaterial. Once is enough.

 Pictures with slight degree of obscenity, not

used for art’s sake but for commercial
purposes, fall under this article.

 Writing obscene literature is not punished,

but the author is liable if it is published with
his knowledge in every case, and the editor
publishing it is also liable. (Reyes, supra.).

QUESTION:
Is the private viewing of pornographic materials a
violation of this article?

ANSWER:
NO. What is protected is the morality of the
public in general. The law is not concerned – at
least for this felony – with the morals of one
person.

ARTICLE 202:
VAGRANTS AND PROSTITUTES

NOTE: Vagrancy has already been

decriminalized by virtue of R.A. 10158.

PROSTITUTES
A woman is a prostitute when (1) she habitually
indulges in sexual intercourse or lascivious
conduct, (2) for money or profit (Par. 5, Article
202, RPC).

NOTES:
 Persons below 18 years of age are exempt
from prosecution for the crimes of prostitution
(Article 202, RPC), mendicancy (P.D. 1563),
or sniffing of rugby (P.D. 1619).

 One sexual intercourse with a man for

money or profit does not make a woman a
prostitute, and several intercourses with
different men do not make her a prostitute if
there is no evidence that she indulged in
sexual intercourse for profit or money.

164
 TITLE SEVEN: 223 Conniving with or
CRIMES COMMITTED BY consenting to evasion
PUBLIC OFFICERS 224 Evasion through negligence
225 Escape of prisoner under the
ARTICLE CRIMES custody of a person not
S a public officer
203 Who are public officers 226 Removal, concealment or
Chapter 2: Malfeasance and destruction of documents
Misfeasance in Office 227 Officer breaking seal
204 Knowingly rendering unjust 228 Opening of closed documents
judgment. 229 Revelation of secrets by an
205 Judgment rendered through officer
negligence 230 Public officer revealing secrets of
206 Unjust interlocutory order private individual
207 Malicious delay in the Chapter 6: Other Offenses or
administration of justice Irregularities by Public Officers
208 Prosecution of offenses; 231 Open disobedience
negligence and tolerance 232 Disobedience to order of superior
209 Betrayal of trust by an attorney or officers, when said order was
solicitor - Revelation of secrets suspended by inferior officer
210 Direct bribery 233 Refusal of assistance
211 Indirect bribery 234 Refusal to discharge elective
211-A Qualified bribery office
212 Corruption of public officials 235 Maltreatment of prisoners
Chapter 3: Frauds and Illegal 236 Anticipation of duties
Exactions and Transactions of a public office
213 Frauds against the public 237 Prolonging performance of
treasury and similar offenses duties and powers
214 Other frauds 238 Abandonment of office or position
215 Prohibited transactions 239 Usurpation of legislative powers
216 Possession of prohibited interest 240 Usurpation of executive functions
by a public officer 241 Usurpation of judicial functions
Chapter 4: Malversation of 242 Disobeying request for
Public Funds or Property disqualification
217 Malversation of public funds or 243 Orders or requests by executive
property; Presumption of officers to any judicial authority
malversation 244 Unlawful appointments
218 Failure of accountable officer to 245 Abuses against chastity
render accounts
219 Failure of a responsible public CHAPTER ONE:
officer to render accounts before
PRELIMINARY PROVISIONS
leaving the country
220 Illegal use of public
ARTICLE 203:
funds or property
WHO ARE PUBLIC OFFICERS
221 Failure to make delivery of public
funds or property PUBLIC OFFICERS
Chapter 5: Infidelity of Public Officers Any person who, by direct provision of the law,
popular election or appointment by competent

165
authority, shall take part in the performance of
public functions in the Government of the
Philippine Islands, or 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, shall be deemed to CHAPTER TWO:
be a public officer. MALFEASANCE AND MISFEASANCE
NOTE: It embraces every public servant from the
MALFEASANCE: 1. Direct bribery
highest to the lowest. It covers persons who take
It is the doing of 2. Indirect bribery
an oath of office (in person or in document).
an act which a
public officer
TO BE A PUBLIC OFFICER, ONE MUST BE:
should not have
1. Taking part in the performance of the public
done.
functions in the Government, or performing in
said Government or in any of its branches
public duties as an employee, agent, or MISFEASANCE: 1. Knowingly rendering
subordinate official, of any rank or class; and It is the failure of unjust judgment
an agent to 2. Rendering judgment
2. His authority to take part in the performance perform his through negligence
of public functions/duties must be: undertaking for the 3. Rendering unjust
(a) By direct provision of the law; or principal. interlocutory order
(b) By popular election; or 4. Malicious delay in the
(c) By appointment by competent authority. administration of
justice
NOTES:
 One appointed as laborer in the government NONFEASANCE: 1. Dereliction of duty in
is NOT a public officer. It is the improper prosecution of
 A temporary performance of public functions doing of an act offenses
by a laborer makes him a public officer. which a person 2. Betrayal of trust by an
 There is no standard distinction between an might lawfully do. attorney or solicitor –
officer and an employee. revelation of secrets

Public Officer vs. Person in Authority SECTION ONE:

PUBLIC PERSON IN DERELICTION OF DUTY
OFFICER AUTHORITY
It is a person who by It is any person ARTICLE 204:
direct provision of law, directly vested with KNOWINGLY RENDERING
popular election or by jurisdiction, whether UNJUST JUDGMENT
appointment by a as an individual or as
competent authority, member of some ELEMENTS: Ju Ren – U K
shall take part in the court or government 1. The offender is a Judge;
performance of public corporation, board, 2. He renders judgment in a case submitted to
functions in the or commission (Art. him for decision;
government of the 152). 3. The judgment is unjust; and
Philippines or shall 4. The judge knows that his judgment is unjust.
perform in the said
government or in any Basis: This is based on bad faith.
of its branches, public
duties as an NOTES:
employee, agent or  An unjust judgment is one which is contrary
subordinate official, of to law, or is not supported by the evidence or
any rank or class both.
(Article 203).

166
 An unjust judgment is rendered knowingly
when it is made deliberately and maliciously. ARTICLE 206:
UNJUST INTERLOCUTORY ORDER
 The source of unjust judgment may either be
(a) error, (b) ill-will or revenge, or (c) ELEMENTS:
bribery (Reyes, supra., p. 376). 1. The offender is a judge.
2. He performs the following acts:
 There must be evidence that the judgment is (a) Knowingly renders an unjust interlocutory
unjust – it CANNOT be presumed. Also, a order or decree; or
judge may invoke the defense of good faith. (b) Renders a manifestly unjust interlocutory
order or decree through inexcusable
 The Supreme Court must have declared the negligence or ignorance.
judgment as unjust in a certiorari, prohibition,
or administrative proceeding. NOTES:
 An interlocutory order is one which is issued
 A judge cannot be made liable for any by the court between the commencement
criminal, civil, or administrative indictments and the end of a suit or action and which
for official acts done no matter how decides some point or matter, but which,
erroneous as long as he acted in good faith. however, is NOT a final decision on the
matter in issue.
 This Article applies ONLY to trial court
judges and finds no application to the  The test in determining whether an order
members of a collegiate court, like the CA or judgment is interlocutory or final:
and SC, who reach their conclusions in “Does it leave something to be done in the
consultation and accordingly render their trial court with respect to the merits of the
collective judgment after due deliberation (In case? If it does, it is interlocutory; if it does
Re: Joaquin Borromeo; February 21, 1995). not, it is final.”

 Justices and Labor Arbiters cannot be made  Specifically for the charge of violation of
liable under Articles 204 – 207. Article 206, it is necessary to show that – (1)
the orders issued by the respondents to his
ARTICLE 205: complaint were UNJUST, and (2) the said
JUDGMENT RENDERED orders were KNOWINGLY rendered or
THROUGH NEGLIGENCE rendered through inexcusable negligence or
ignorance. On this matter, the Ombudsman
ELEMENTS: Ju Ren – Ma In correctly held that LA’s order for the quashal
1. The offender is a judge; of the writ of execution, and the NLRC’s
2. He renders judgment in a case submitted to resolution affirming it, were not unjust, for
him for decision; being in accordance with law and the rules of
3. The judgment is manifestly unjust; and the NLRC (Araullo vs. Ombudsman; July 30,
4. It is due to inexcusable negligence or 2014).
ignorance.
ARTICLE 207:
NOTE: MALICIOUS DELAY IN THE
 “Manifestly unjust judgment” means that a ADMINISTRATION OF JUSTICE
judgment is manifestly contrary to law that
even a person having meager knowledge of ELEMENTS: Ju Proc – Del Ma
law cannot doubt the injustice. 1. The offender is a judge;
2. There is a proceeding in his court;
 Abuse of discretion and mere error of 3. He delays the administration of justice; and
judgment are not punishable. 4. The delay is malicious, that is, with
deliberate intent to inflict damage on either
 The Supreme Court must have declared the party of the case.
judgment as unjust in a certiorari, prohibition,
or administrative proceeding. NOTES:

167
 Mere delay without malice is NOT a felony proceedings for felonies upon being informed
under this article. of their perpetration.

 The offender must act with malice. Malice (b) OFFICER OF THE LAW
implies deliberate intent to inflict damage on It includes all those who, by reason of the
either party in a case. position held by them, are duty-bound to
cause the prosecution and punishment of the
 If the delay is not malicious, but committed offenders.
through gross negligence, the crime
committed is that under Sec. 3(c), R.A. 3019. PREVARICACION

ARTICLE 208: Prevaricacion applies to public officers in

DERELICTION OF DUTY IN THE general who maliciously refrain from exercising
PROSECUTION OF OFFENSES the duties of their office. It is commonly used to
define dereliction of duty.
ELEMENTS:
1. Offender is a public officer or officer of the PREVARICACION DERELICTIO
law who has the duty to cause the N OF DUTY
prosecution of, or to prosecute, offenses. It applies to public officers It refers only
2. There is dereliction of duties of his office – in general who are remiss to prosecuting
(a) Knowing the commission of the crime, he or who are maliciously officers.
does not cause the prosecution of the refraining from exercising
criminal, OR the duties of the office
(b) Knowing that a crime is about to be concerned.
committed, he tolerates its commission.
3. Offender acts with malice and deliberate
QUESTION:
intent to favor the violator of the law.
If a police officer tolerates the commission of a
crime or otherwise refrains from apprehending
NOTES:
the offender, is he liable under this Article?
 The offender must act with malice. A
dereliction of duty caused by poor judgment ANSWER:
or honest mistake is NOT punishable. NO. He cannot be prosecuted under this article.
However, he can be prosecuted: (1) as an
 The crime supposed to be prosecuted must accessory to the crime committed; (2) as a
be proved before a public officer is to be held fence, if the crime committed is robbery or theft;
liable for dereliction. and (3) for violating the R.A. 3019.

 The liability of a public officer who, having

ARTICLE 209:
the duty of prosecuting the offender,
BETRAYAL OF TRUST BY AN
harbored, concealed, or assisted in the
ATTORNEY OR SOLICITOR
escape of the latter, is that of the principal
(REVELATION OF SECRETS)
in the crime of dereliction of duty in the
prosecution of offenses.
PUNISHABLE ACTS:
 A Barangay Chairman can be held liable for 1. Causing damage to his client, either:
dereliction of duty. A Barangay Chairman is (a) By any malicious breach of professional
expressly authorized by law to prosecute duty;
violators of laws within their jurisdiction. If (b) By inexcusable negligence or ignorance
he does not do so, he can be prosecuted
for dereliction of duty. 2. Revealing any secrets of the client learned
by him in his professional capacity
PERSONS LIABLE:
(a) PUBLIC OFFICER 3. Undertaking the defense of the opposing
It refers to officers of the prosecution party in the same case, without the consent
department whose duty is to institute criminal of his first client, after having undertaken
the defense of said first client or after

168
 having received confidential information of his official duty, and the officer executed
from the said client. said act.

NOTE: This criminal liability is in addition to an NOTE: In (2), it is necessary that there be
administrative case which may be filed against actual acceptance of the gift or present. Mere
the lawyer or solicitor. agreement or promise is NOT sufficient.

SECTION TWO: 3. Agreeing to refrain, or by refraining, from

BRIBERY doing something which is his official duty to
do, in consideration of a gift or promise.
BRIBERY
NOTE: Mere agreement will suffice.
It is the crime of the public officer who receives a
gift, present, offer or promise by reason of or in
NOTE: The provisions contained in the
connection with the performance of his official
preceding paragraphs shall be made applicable
duties. It is a crime of the RECEIVER.
to assessors, arbitrators, appraisal and claim
commissioners, experts or any other persons
NOTE: There is no frustrated stage in direct or
performing public duties (as amended by B.P.
indirect bribery for the reason that if the
871, approved May 29, 1985).
corruption of the official is accomplished, the
crime is consummated.
ELEMENTS: P A – C U Re – Con
1. The offender is a public officer within the
BRIBERY PREVARICACION scope of Article 203;
The gift received The gift received or 2. The offender accepts an offer or a promise,
or promised is promised is not or receives a gift or present by himself or
necessary. necessary for its through another;
commission. 3. Such offer or promise is accepted, or gift or
present received by the public officer:
BRIBERY ROBBERY (a) With a view to committing some crime;
OR
The transaction is The transaction is neither
(b) In consideration of the execution of an
generally mutual mutual nor voluntary but
act which does not constitute a crime,
and voluntary. consummated by the use
but the act must be unjust; OR
of force or intimidation.
(c) To refrain from doing something that is
his official duty to do.
ARTICLE 210: 4. The act which offender agrees to perform or
DIRECT BRIBERY which he executes be connected with the
performance of his official duties.
PUNISHABLE ACTS:
1. Agreeing to perform, or by performing, an act NOTES:
constituting a crime, in connection with the  The crime of bribery has NO frustrated
performance of his official duties, in stage. If one party does not concur, then
consideration of any offer, promise, gift or there is no agreement and not all the acts
present received by such officer, personally necessary to commit the crime were
or through the mediation of another. present.

NOTE: In (1) and (3), mere agreement will  Temporary performance of public functions
suffice. It is NOT necessary that the public is sufficient to constitute a person a public
officer actually received the bride or actually officer.
performed – or refrained from performing the
act.  Bribery exists when the gift is:
(a) Voluntarily offered by a private person;
2. Accepting a gift in consideration of the (b) Solicited by the public officer and
execution of an act which does not constitute voluntarily delivered by the private
a crime in connection with the performance person; or

169
 (c) Solicited by the public officer but the accepts gifts offered to
private person delivers it out of fear of him by reason of his
the consequences should the public office.
officer perform his functions (here the
crime by the giver is not corruption of NOTES:
public officials due to involuntariness).  If after receiving the gift, the officer does any
act in favor of the giver which is UNFAIR to
 Direct bribery does NOT absorb Article 208 the others, it ceases to be indirect but
(dereliction of duty). becomes direct bribery.

ARTICLE 211:  This is always in the consummated stage.

INDIRECT BRIBERY There is no attempted much less frustrated
stage in indirect bribery.
ELEMENTS: P A O
1. The offender is a public officer;  There must be clear intention on the part of
2. He accepts gifts; the public officer o to take the gift offered and
3. Gifts are offered to him by reason of his consider the property as his own for that
office. moment.

NOTE: Mere physical delivery of a gift to a public  Mere physical receipt unaccompanied by any
officer does NOT bring about indirect bribery. other sign, circumstance or act to show such
The public officer must perform an act of acceptance is not sufficient to convict the
acceptance or appropriation of the gift for officer.
himself, his family or any other person.
 Public officers receiving gifts and private
QUESTION: persons giving gifts on any occasion,
Engr. X is a Regional Director of DPWH. His including Christmas are liable under PD 46.
office determines the award of contracts of public
works and projects to private contractors within ARTICLE 211-A:
his region. One day, Y, the proprietor of Triple H QUALIFIED BRIBERY
Construction Company gave him a gold Cartier
watch worth P500,000. Engr. X accepted the
ELEMENTS: Pu Re – Con
watch and started to wear it publicly. Needless to
1. The offender is a public officer entrusted with
say, Engr. X is liable for indirect bribery. Suppose
law enforcement.
Y just left the watch to the Secretary of the
2. He refrains from doing arresting or
Regional Director, would Engr. X still be liable?
prosecuting an offender who has committed
a crime punishable by reclusion perpetua
ANSWER:
and/or death.
NO. The mere act of giving a gift to a public
3. Offender refrains from arresting or
officer is not tantamount to indirect bribery.
prosecuting in consideration of any gifts,
promise or present.
Direct Bribery vs. Indirect Bribery
DIRECT BRIBERY INDIRECT BRIBERY NOTES:
In both, public officer receives a gift.  The crime of qualified bribery may be
committed ONLY by public officers
There is an Usually, no such “entrusted with enforcement” whose
agreement between agreement exists. official duties authorize them to arrest or
the public officer prosecute offenders.
and the giver of the
gift or present  The dereliction of the duty punished under
The offender agrees It is not necessary that Article 208 is absorbed.
to perform an act or the offender does any
refrain from doing particular act or even ARTICLE 212:
something because promise to do an act, CORRUPTION OF PUBLIC OFFICIALS
of the gift or promise as it is enough that he

170
ELEMENTS: MOG - Cir  The prohibition is for giving and receiving
1. The offender makes promises or offers or gifts given by reason of official position.
gives gifts or presents to a public officer.
2. The offers or promises are made or the gifts  The throwing of parties by reason of the
or presents given to a public officer, under promotion of a public official is considered a
circumstances that will make the public crime even though it may call for a
officer liable for direct bribery or indirect celebration. The throwing of a party is not
bribery. limited to the public officer only but also to
his immediate relatives.
NOTES:
 The offender is the GIVER of gifts or NOTE: See discussion on the Anti-Graft and
OFFEROR of promise. Corrupt Practices Act (R.A. 3019) in the
Special Penal Laws section.
 Public officer sought to be bribed is NOT
criminally liable, UNLESS he accepts the
CHAPTER THREE:
gifts or consents to the offer of offender.
FRAUDS AND ILLEGAL EXACTIONS
 This punishes the person who made the offer AND TRANSACTIONS
or promise or gave the gift, even if the gift
was demanded by the pubic officer and the ARTICLE 213:
offer was not made voluntarily prior to the FRAUD AGAINST THE PUBLIC TREASURY
said demand by the public officer. AND SIMILAR OFFENSES

 Bribery is usually proved by evidence NOTE: Article 213 is NOT applicable if the
acquired in entrapment. offender is an officer or employee of the Bureau
of Internal Revenue or Bureau of Customs.
PRESIDENTIAL DECREE NO. 46
ELEMENTS (Fraud against Public Treasury):
This law makes it punishable for public officials 1. The offender is a public officer.
and employees to receive, and for private 2. He should have taken advantage of his
persons to give, gifts on any occasion, including office, that is, he intervened in the
Christmas. transaction in his official capacity
3. He entered into an agreement with any
It is prohibited for any (a) PUBLIC OFFICIAL OR interested party or speculator or made use of
EMPLOYEE, whether of the national or local any other scheme with regard to –
governments, to receive, directly or indirectly, (a) Furnishing supplies
and for (b) PRIVATE PERSONS to give, or offer (b) The making of contracts, or
to give, any gift, present or other valuable thing (c) The adjustment or settlement of account
on any occasion, including Christmas, when such relating to a public property or funds.
gift, present or other valuable thing is given by 4. The accused had intent to defraud the
reason of his official position, regardless of government.
whether or not the same is for past favor or
favors or the giver hopes or expects to receive a NOTES:
favor or better treatment in the future from the  The crime of frauds against public treasury is
public official or employee concerned in the consummated by merely entering into an
discharge of his official functions. agreement with any interested party to
defraud the government. Intention to defraud
Included within the prohibition is the throwing of the government is sufficient.
parties or entertainments in honor of the official
or employee or his immediate relatives.  It is NOT necessary that the government is
actually defrauded by reason of the
NOTES: transaction.
 P.D. 46 punishes both receiver and giver.
PROBLEM:

171
X is the supply officer of the Bureau of Posts. He 3. He commits any of the frauds or deceit
entered into a verbal contract with Y Enterprises, enumerated in Articles 315-318 (estafa, other
the supplier of coupon bonds and pad papers in forms of swindling, swindling a minor, and
their office. They agreed that for every purchase other deceits).
of coupon bonds and pad papers they will put an
over price which shall be given to X. What crime NOTE: The cases falling under this article are
can X be held liable for? cognizable by the RTC regardless of the amount
or penalty involved, because the MTC has no
ANSWER: jurisdiction to impose penalty of disqualification.
X is liable for fraud against the public treasury. Under this article, the penalty of disqualification
He entered into a scheme regarding the is imposed as principal penalty.
furnishing of supplies to defraud the government.
ARTICLE 215:
ELEMENTS (Illegal Exactions): PROHIBITED TRANSACTIONS
1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and ELEMENTS:
other imports. 1. The offender is an appointive public officer;
2. He is guilty of the following acts/omissions – 2. He becomes interested, directly or indirectly,
(a) Demanding directly or indirectly, the in any transaction of exchange or
payment of sums of different from or speculation;
larger than those authorized by law; 3. The transaction takes place within the
(b) Failing voluntarily to issue a receipt as territory subject to his jurisdiction;
provided by law, for ay sum of money 4. He becomes interested in the transaction
collected by him officially; or during his incumbency.
(c) Collecting or receiving, directly or
indirectly, by way of payment or NOTES:
otherwise, things or object of a nature  The transaction must be one of exchange or
different from that provided by law. speculation such as buying and selling
stocks, commodities, etc., hoping to take an
NOTES: advantage of an expected rise and fall in
 Mere demand for larger or different amount price.
is sufficient to consummate the crime.
 Purchasing of stocks or shares in a company
 When there is deceit in demanding greater is simply an investment is NOT a violation of
fees than those prescribed by the law, the the article.
crime committed is estafa and NOT illegal
exaction.  Under Article 14 (Code of Commerce), the
following may not engage in commercial
PROBLEM: profession either in person or by proxy:
A tax collector collected from someone a sum (d) Justices, judges, or fiscals; and
larger than that authorized by law and spent all of (e) Employees engaged in the collection and
them. This tax collector is guilty of what crime(s)? administration of public funds.

ANSWER: ARTICLE 216:

X is guilty of two crimes, namely: (a) illegal POSSESSION OF PROHIBITED INTEREST
exaction, for demanding a greater amount; and BY A PUBLIC OFFICER
(b) malversation, for misappropriating the
amount collected. PERSONS LIABLE:
1. Public officer who, directly or indirectly,
ARTICLE 214: became interested in any contract or
OTHER FRAUDS business in which it was his official duty to
intervene.
ELEMENTS: 2. Experts, arbitrators, and private accountants
1. The offender is a public officer; who, in like manner, took part in any contract
2. He takes advantage of his position; or transaction connected with the estate or

172
 property in the appraisal, distribution or
adjudication of which they had acted. 2. Private persons may commit malversation
3. Guardians and executors with respect to the under the following acts:
property belonging to their wards or the (a) When he conspires with an officer in
estate. committing malversation.
(b) When he becomes an accomplice or
EXAMPLE: A municipal mayor who took direct accessory to a public officer in
part in the lease of the municipal fishponds to committing malversation.
himself may be held liable under Paragraph 1, (c) When he is made a custodian of public
Article 216, it being his official duty to intervene funds or property and he misappropriates
in behalf of the municipality in the contract of the same.
lease of the fishponds.
MALVERSATION ESTAFA
NOTE: Actual fraud is NOT necessary; the act is
It is committed by an It is committed by a
punished because of the possibility that fraud
accountable public private person or
may be committed or that the officer may place
officer. even a public officer
his own interest above that of the government or
in a private
party which he represents.
capacity.
It deals with public It deals with private
CHAPTER FOUR:
funds or property. property.
MALVERSATION OF PUBLIC
FUNDS OR PROPERTY It may be committed It is committed by
without personal personal
misappropriation, when misappropriation
ARTICLE 217: the accountable officer only.
MALVERSATION OF PUBLIC allows another to
FUNDS OR PROPERTY misappropriate the
same.
PUNISHABLE ACTS:
1. Appropriating public funds or property
PROBLEM:
2. Taking or misappropriating the same
A Municipal Treasurer, accountable for public
3. Consenting, or through abandonment, or
funds or property, encashed with public funds
negligence, permitting any other person to
private checks drawn in favor of his wife. The
take such public funds or property.
checks bounced, the drawer not having enough
cash in the drawee bank. The Municipal
ELEMENTS: O C P – ATM CP
Treasurer, in encashing private checks from
1. The offender is a public officer;
public funds, violated regulations of his office.
2. He had the custody or control of funds or
Notwithstanding restitution of the amount of the
property by reason of the duties of his office;
checks, can the Municipal Treasurer
3. Those funds or property were public funds or
nevertheless be criminally liable? What crime did
property for which he was accountable;
he commit? Explain. (1999 Bar)
4. He appropriated, took, misappropriated or
consented or, through abandonment or
SUGGESTED ANSWER:
negligence, permitted another person to
YES. Notwithstanding the restitution of the
take them.
amount of the check, the Municipal Treasurer will
be criminally liable as restitution does not negate
NOTES: The negligence of the accountable
criminal liability although it may be considered as
public officer must be positively and clearly
mitigating circumstance similar or analogous to
shown to be inexcusable, approximating malice
voluntary surrender (People vs. Velasquez; 73
or fraud.
Phil. 98). He will be criminally liable for
malversation. HOWEVER, if the restitution was
PERSONS LIABLE:
made immediately under vehement protest
1. Public officers who, in any capacity
against an imputation of malversation and
whatsoever, have charge of national,
without leaving the office, he may not be
provincial or municipal funds, revenues or
criminally liable.
property.

173
 ARTICLE 218: NOTE: The act of leaving the country must be
FAILURE OF ACCOUNTABLE OFFICER TO unauthorized or not permitted by law.
RENDER ACCOUNTS
ARTICLE 220:
ELEMENTS: ILLEGAL USE OF PUBLIC FUNDS
1. Offender is a public officer whether in the OR PROPERTY
service or separated therefrom;
2. He must be an accountable officer for public This is also known as “technical malversation.”
funds or property;
3. He is required by law or regulation to render ELEMENTS:
accounts to the Commission on Audit, or to a 1. The offender is a public officer;
provincial auditor; and 2. There is a public fund or property under his
4. He fails to do so for a period of two (2) administration;
months after such accounts should be 3. Such public fund or property has been
rendered. appropriated by law or ordinance; and
4. He applies the same to a public use other
NOTES: than that for which such fund or property has
 This is a felony by omission. There is a duty been appropriated by law or ordinance.
of an accountable public officer to render
accounts of public funds or property and he NOTES:
fails to do so.  There is no technical malversation if there is
no law or ordinance appropriating public
 Demand for accounting is NOT necessary. It funds or property for a particular purpose; the
is sufficient that there is a law or regulation public funds or property must be earmarked
requiring him to render account. for a specific use.

 It is NOT essential that there be  Technical malversation is not included in nor

misappropriation. If there is misappropriation, is it necessarily included in the crime of
he would be liable also for malversation malversation of public funds.
under Article 217.
TECHNICAL MALVERSATION
 A prior notice or demand for liquidation of MALVERSATION PER SE
cash advances is NOT a condition sine qua Offenders are accountable public officers.
non before an accountable public officer may
be held liable under Article 218, RPC Offender does not Offender in certain
(Lumauig vs. People; July 7, 2014). derive any personal cases profits from the
gain or profit. proceeds of the
crime.
ARTICLE 219:
FAILURE OF A RESPONSIBLE OFFICER TO The public fund or The public fund or
RENDER ACCOUNTS BEFORE property is applied to property is applied to
LEAVING THE COUNTRY another public use. the personal use and
benefit of the offender
ELEMENTS: or another person.
1. Offender is a public officer;
2. He must be an accountable officer for public ARTICLE 221:
funds or property; FAILURE TO MAKE DELIVERY OF PUBLIC
3. He unlawfully left (or be in a point of FUNDS OR PROPERTY
leaving) the Philippines without securing from
the Commission on Audit a certificate PUNISHABLE ACTS:
showing that his accounts have been finally 1. Failing to make payment by a public officer
settled; and who is under obligation to make such
4. Failure to secure such a certification makes payment from Government funds in his
them liable, whether or not funds were possession.
actually misappropriated.

174
2. Refusing to make delivery by a public officer NOTES:
who has been ordered by a competent  Article 223 punishes any public officer who
authority to deliver any property in his shall consent to the escape of a prisoner in
custody or under his administration. his custody or charge. Connivance with the
prisoner (agreement between the prisoner
ELEMENTS (Failure to Make Payment): and the public officer) in his escape is an
1. The public officer has Government funds in indispensable element of the offense.
his possession;
2. He is under obligation to make payment from  Relaxation of imprisonment is considered
such funds; and infidelity.
3. He fails to make payment maliciously.
There is a real and actual evasion of service
NOTE: Under refusal to make delivery of of a sentence when the custodian permits
property, the refusal must be malicious also. the prisoner to obtain a relaxation of his
imprisonment and to escape the punishment
ARTICLE 222: of being deprived of his liberty, thus making
OFFICERS INCLUDED IN THE the penalty ineffectual, although the conflict
PRECEDING PROVISIONS may not have fled (U.S. vs. Bandino; 29 Phil.
459).
Private individuals who may be liable under
Articles 217 – 221:  The offense defined in Art. 223 includes a
1. Private individuals who, in any capacity case where the guard allowed the prisoner,
whatever, have charge of any national, serving a 6-day sentence in the municipal
provincial or municipal funds, revenue, or jail, to sleep in his house and eat there
property. because the municipality had no outlay for
2. Administrator or depository of funds or the food of prisoners (People vs. Revilla;
property, attached, seized or deposited by C.A., 37 O.G. 1896).
public authority, even if such property
belongs to a private individual. ARTICLE 224:
EVASION THROUGH NEGLIGENCE
NOTES:
 The purpose of Article 222 is to extend the ELEMENTS:
provisions of the Code on malversation to 1. The offender is a public officer.
private individuals. 2. He is charged with the conveyance or
custody of a prisoner, either detention
 Private property is included provided it is prisoner or prisoner by final judgment.
attached, seized or deposited by public 3. Such prisoner escapes through his
authority. negligence.

CHAPTER FIVE: NOTES:

INFIDELITY OF PUBLIC OFFICERS  Not every negligence or distraction is
penalized. It is only that positive
carelessness that is short of deliberate non-
ARTICLE 223:
performance of his duties as guard that is the
CONNIVING WITH OR
gravamen of the crime of infidelity.
CONSENTING TO EVASION
 The fact that the public officer recaptured the
ELEMENTS:
prisoner who had escaped from his custody
1. The offender is a public officer;
does NOT afford complete exculpation.
2. He had in his custody or charge, a prisoner,
either a detention prisoner or prisoner by
LIABILITY OF ESCAPING PRISONER:
final judgment;
(a) If the fugitive is serving sentence by reason
3. Such prisoner escaped from his custody;
of final judgment, he is liable for evasion of
4. He was in connivance with the prisoner in the
the service of sentence under Article 157.
latter’s escape.

175
(b) If the fugitive is only a detention prisoner, he NOTES:
does NOT incur criminal liability.  Only public officers who have been officially
entrusted with the documents or papers can
ARTICLE 225: be held liable under Article 226.
ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A THUS, the stenographer who removes or
PUBLIC OFFICER destroys the record of a case kept by the
Clerk of Court is NOT guilty of a violation of
ELEMENTS: Article 226, because the stenographer is
1. The offender is a private person; NOT officially entrusted with the record. The
2. The conveyance or custody of a prisoner or public officer who is officially entrusted with
person under arrest is confided to him; the record is Clerk of Court.
3. The prisoner or person under arrest escapes;
4. The offender consents to the escape of the  The document must be complete and one by
prisoner or person under arrest or the which a right could be established or an
escape takes place through his negligence. obligation could be extinguished.

NOTES:  Books, periodicals, pamphlets are NOT

 The crime of infidelity in the custody of documents.
prisoners is committed by the custodian of
the prisoner. If another person causes the  The word “papers” in the phrase “or papers
escape of the prisoner by means of violence, officially entrusted to him” includes checks,
intimidation or bribery or by any other means, promissory notes and paper money.
such person is liable under Article 156.
 Post office official who retained the mail
 If the jail guard connives with, allows or without forwarding letters to their destination
consents to the escape, he is liable under is guilty of infidelity in the custody of papers.
Article 225.
PUNISHABLE ACTS:
 Article 225 is NOT applicable if a private 1. Removing, or
person was the one who made the arrest and 2. Destroying, or
consented to the escape of the person 3. Concealing, documents or papers officially
arrested. entrusted to the offending public officer.

 If the escape was with consideration, NOTES:

bribery is deemed committed in addition  It is necessary that the act of removal must
thereto because he was performing a public be coupled with proof of intention to conceal.
function, hence, he is, at that instance, The word “OR” is a disassociation and
deemed to be a public officer (Boado, 2008). independence of one thing from each of the
other things mentioned. While in the
ARTICLE 226: interpretation of statutes, “or” may be read as
REMOVAL, CONCEALMENT OR “and” and vice versa, it so only when the
DESTRUCTION OF DOCUMENT context so requires (Kataniag vs. People; 74
Phil. 45).
ELEMENTS:
1. The offender is a public officer.  Accordingly, removal, destruction and
2. He abstracts, destroys or conceals concealment must be viewed as DISTINCT
documents of papers. modes of committing the offense.
3. The said documents or papers should have
been entrusted to such public officer by  REMOVAL must be for illicit purpose.
reason of his office.
4. Damage, whether serious or not, to a third NOTE: The removal is for an illicit purpose
party or to the public interest should have when the intention of the offender is –
been caused. (a) To tamper with it, or
(b) To profit by it, or

176
 (c) To commit an act constituting a breach of NOTE: “Custody” means a guarding or keeping
trust in the official care thereof. safe or care.

 Infidelity in the custody of document by NOTES:

DESTROYING or CONCEALING does NOT  Closed documents must be entrusted to the
require proof of illicit purpose. custody of the accused by reason of his
office.
 There must be damage, great or small –
 Damage or intent to cause damage is NOT
(a) Whenever serious damage is caused an element of the offense.
thereby to a third party or to the public
interest.  If, in opening closed papers or object, the
(b) Whenever the damage caused to a third public officer broke the seal, the offense
party or to the public interest is not would be breaking seal, and NOT the crime
serious. of opening a closed document, because the
offender must be a public officer “not
 Damage in this article may consist in mere included in the provisions of next preceding
alarm to the public or n the alienation of its article.
confidence in any branch of the government
service. ARTICLE 229:
REVELATION OF SECRETS
ARTICLE 227: BY AN OFFICER
OFFICER BREAKING SEAL
PUNISHABLE ACTS:
ELEMENTS: 1. Revealing any secrets known to the
1. The offender is a public officer. offending public officer by reason of his
2. He is charged with the custody of papers or official capacity.
property. 2. Delivering wrongfully papers or copies of
3. These papers or property are sealed by papers of which he may have charge and
proper authority. which should not be published.
4. He breaks the seals or permits them to be
broken. ELEMENTS (Revealing Any Secrets):
1. The offender is a public officer.
NOTES: 2. He knows of a secret by reason of his official
 Crime is committed by breaking or capacity.
permitting seals to be broken. 3. He reveals such secret without authority or
justifiable reasons.
 Damage or intent to cause damage is NOT 4. Damage, great or small, is caused to the
necessary. public interest.

 Mere attempt to know or determine the NOTES:

contents of the sealed documents  If the secret revealed does not affect public
consummates the crime. interest, the revelation would constitute NO
crime at all.
ARTICLE 228:
OPENING OF CLOSED DOCUMENTS  Espionage is NOT contemplated in this
article.
ELEMENTS:
1. The offender is a public officer.  Secrets here do NOT pertain to secrets of
2. Any closed papers, documents, or objects private individuals.
are entrusted to his custody.
3. He opens or permits to be opened said ELEMENTS (Delivering Wrongfully):
closed papers, documents or objects. 1. The offender is a public officer
4. He does not have proper authority. 2. He has charge of papers.
3. Those papers should not be published.

177
4. He delivers those papers or copies thereof to
a third person. ARTICLE 231:
5. The delivery is wrongful. OPEN DISOBEDIENCE
6. Damage is caused to public interest.
ELEMENTS:
NOTE: The offender must have charge of papers 1. The offender is a judicial or executive officer.
or copies of paper. The word “CHARGE” means 2. There is a judgment, decision or order of a
control or custody. superior authority.
3. Such judgment, decision or order was made
It seems that if the public officer is merely within the scope of jurisdiction of the superior
entrusted with the papers but not with the authority and issued with all the legal
custody of the papers, he is not liable under this formalities. (NOTE: Judgment should have
provision. been rendered in a hearing.)
4. Offender without any legal justification
REVELATION OF INFIDELITY IN THE openly refuses to execute the said
SECRETS BY AN CUSTODY OF judgment, decision or order, which he is duty
OFFICER DOCUMENTS OR bound to obey. (NOTE:)
PAPERS BY
REMOVING THE NOTE: The refusal must be clear, manifest and
SAME decisive or a repeated and obstinate
The papers contain The papers do NOT disobedience in the fulfillment of an order.
secrets and contain secrets but
therefore should not their removal is for an The refusal must be intentional and must not be
be published and illicit purpose. confused with omission arising from oversight,
the public officer mistake or erroneous interpretation of the order.
having charge
thereof removes and ARTICLE 232:
delivers them DISOBEDIENCE TO ORDER OF SUPERIOR
wrongfully to a third OFFICER, WHEN SAID ORDER WAS
person. SUSPENDED BY INFERIOR OFFICER

ARTICLE 230: ELEMENTS:

PUBLIC OFFICER REVEALING SECRETS 1. The offender is a public officer.
OF PRIVATE INDIVIDUAL 2. An order is issued by his superior for
execution.
ELEMENTS: 3. He has for any reason suspended the
1. The offender is a public officer. execution of such order.
2. He knows of the secrets of a private 4. His superior disapproves the suspension of
individual by reason of his office. the execution of the order.
3. He reveals such secrets without authority or 5. The offender disobeys his superior despite
justifiable reason. the disapproval of the suspension.

Note: NOTES:
 Revelation to one person is sufficient, for  The article does NOT apply if the order of the
public revelation is not required. superior is illegal.

 The revelation will not amount to a crime  What is punished by the law is
under this article if the secrets are contrary to insubordination of the act of defying the
public interest or to the administration of authority which is detrimental to public
justice. interest.

CHAPTER SIX: ARTICLE 233:

OTHER OFFENSES OR IRREGULARITIES REFUSAL OF ASSISTANCE
BY PUBLIC OFFICERS
ELEMENTS:

178
1. The offender is a public office. (a) By overdoing himself in the correction or
2. A competent authority demands from handling of a prisoner or detention
offender that he lend his cooperation towards prisoner under his charge either; by the
the administration of justice or other public imposition of punishments not authorized
service. by the regulations or by inflicting such
3. The offender fails to do so maliciously. punishments (those authorized) in a
cruel and humiliating manner.
NOTES: (b) By maltreating such prisoner to extort a
 There must be a DEMAND from a competent confession or to obtain some information
authority. Hence, if the chief of police from the prisoner.
received from a private party a subpoena,
issued by a fiscal, with a request to serve it NOTES:
upon a person to be a witness, and the chief  Maltreatment should NOT be due to personal
of police maliciously refused to do so, the grudge; otherwise, offender is liable for
latter is not liable. physical injuries only.

 Damage to public interest or to a third party  The practice of presenting captured persons
is essential whether it be great or small. in national television for public viewing is a
form of maltreatment because they are being
ARTICLE 234: presented as criminals even before they are
REFUSAL TO DISCHARGE charged which is humiliating (Boado, 2008).
ELECTIVE OFFICE
ARTICLE 236:
ELEMENTS: ANTICIPATION OF DUTIES OF
1. The offender is elected by popular election to A PUBLIC OFFICER
a public office.
2. He refuses to be sworn in or to discharge the ELEMENTS:
duties of said office. 1. The offender is entitled to hold public office
3. There is no legal motive for such refusal to or employment, either by election or
be sworn in or to discharge the duties of said appointment.
office. 2. The law requires that he should first be
sworn in and/or should first give a bond.
NOTES: 3. He assumes the performance of the duties
 The refusal must be WITHOUT legal motive. and powers of such office.
If the elected person is underage, or 4. He has not taken his oath of office and/or
otherwise disqualified, his refusal to be given the bond required by law.
sworn in or to discharge the duties of the
office is justified. ARTICLE 237:
PROLONGING PERFORMANCE OF
 The reason why refusal to discharge elective DUTIES AND POWERS
office is punished is that once individual is
elected to an office by the will of the people, ELEMENTS:
the discharge of the duties of said office 1. The offender is holding a public office.
becomes a matter of duty, not only right. 2. The period provided by law, regulations or
special provisions for holding such office, has
ARTICLE 235: already expired.
MALTREATMENT OF PRISONERS 3. He continues to exercise the duties and
powers of such office.
ELEMENTS:
1. Offender is a public officer or employee. NOTE: A public officer who has been
2. He has under his charge a prisoner or suspended, separated, declared overaged, or
detention prisoner. dismissed CANNOT continue to perform the
3. He maltreats such prisoner in either of the duties of his office.
following manners:
ARTICLE 238:

179
 ABANDONMENT OF OFFICE OR POSITION 2. He assumes a power pertaining to the
executive authorities or obstructs the
ELEMENTS: executive authorities in the lawful exercise of
1. The offender is a public officer. their powers.
2. He formally resigns from his position.
3. His resignation has not yet been accepted. NOTE: Legislative officers are NOT liable for
4. He abandons his office to the detriment of usurpation of powers.
the public.

NOTES:
 There must be a written or formal
resignation.
ARTICLE 241:
 The offense is QUALIFIED if the USURPATION OF JUDICIAL FUNCTIONS
abandonment of the office has for its
purpose to evade the discharge of the duties ELEMENTS:
of preventing, prosecuting or punishing any 1. The offender is an officer of the executive
of the crimes falling within Title One, and branch of the Government.
Chapter 3 of Book 2, RPC. 2. He assumes judicial powers or obstructs the
execution of any order or decision rendered
ABANDONMEN NEGLIGENCE AND by any judge within his jurisdiction.
T OF OFFICE TOLERANCE IN
PROSECUTION NOTE: Mayor is guilty under this article if he
investigates a case while justice of the peace is
It is committed by It is committed only by in the municipality.
any public officer. public officers who have
the duty to institute
Articles 239 to 241 punish interference by
prosecution for the
officers of one of the three department of the
punishment of the
government with the functions of an official of
violations of law.
another department.
The public officer The public officer does
abandons his not abandon his office but
office to evade he fails to prosecute an ARTICLE 242:
the discharge of offense by dereliction of DISOBEYING REQUEST FOR
his duty. duty or by malicious DISQUALIFICATION
tolerance of the
commission of the ELEMENTS:
offense. 1. The offender is a public officer.
2. A proceeding is pending before such public
officer.
ARTICLE 239: 3. There is a question brought before the
USURPATION OF LEGISLATIVE POWERS proper authority regarding his jurisdiction,
which is not yet decided.
ELEMENTS: 4. He has been lawfully required to refrain from
1. Offender is an executive or judicial officer. continuing the proceeding.
2. He makes general rules or regulations 5. He continues the proceeding.
beyond the scope of his authority or attempts
to repeal a law or suspends the execution NOTES:
thereof.  The offender is any public officer who has
been lawfully required to refrain from
ARTICLE 240: continuing with his course of action. He must
USURPATION OF EXECUTIVE FUNCTIONS wait until the question of jurisdiction is finally
settled.
ELEMENTS:
1. The offender is a judge.

180
 The disobedient public officer is liable, even ABUSES AGAINST CHASTITY
if the jurisdictional question is resolved by the
proper authority in his favor. WAYS OF COMMISSION:
1. By soliciting or making immoral or indecent
ARTICLE 243: advances to a woman interested in matters
ORDERS OR REQUESTS BY EXECUTIVE pending before the offending officer for
OFFICERS TO ANY JUDICIAL AUTHORITY decision, or with respect to which he is
required to submit a report to or consult with
ELEMENTS: a superior officer;
1. The offender is an executive officer; 2. By soliciting or making immoral or indecent
2. He addresses any order or suggestion to any advances to a woman under the offender’s
judicial authority; and custody; or
3. The order or suggestion relates to any case 3. By soliciting or making immoral or indecent
or business coming within the exclusive advances to the wife, daughter, sister or
jurisdiction of the courts of justice. relative within the same degree by affinity of
any person in the custody of the offending
NOTES: warden or officer.
 The purpose of the provision is to maintain
the independence of the judiciary. ELEMENTS:
1. The offender is a public officer;
 The judicial branch is intended to be free and 2. He solicits or makes immoral or incident
secure from executive dictations. Courts advances to a woman; and
cannot, under their duty to their creator, the 3. Such woman must be:
sovereign, permit themselves to be (a) Interested in matters pending before the
subordinated to any person or official to offender for decision, or with respect to
which their creator did not itself subordinate which he is required to submit a report to
them (Borromeo vs. Mariano; 41 Phil. 322). or consult with a superior officer; or
(b) Under the custody of the offender who is
 Legislative or judicial officers are NOT liable a warden or other public officer directly
under Article 243. charged with the care and custody of
prisoners or persons under arrest; or
ARTICLE 244: (c) The wife, daughter, sister or relative
UNLAWFUL APPOINTMENTS within the same degree by affinity of the
person in the custody of the offender.
ELEMENTS:
NOTES:
1. That the offender is a public officer;
 The mother of the person in the custody of
2. That he nominates or appoints a person to a
the offender is NOT included.
public office;
3. That such person lacks the legal
qualifications therefor; and  “SOLICIT” means to propose earnestly and
4. That the offender knows that his nominee or persistently something unchaste and immoral
appointee lacks the qualifications at the to a woman.
same time he made the nomination or
appointment.  The crime is committed by mere proposal. If
the offender succeeds in committing a crime
NOTE: against chastity, the solicitation and
 “Nominate” is different from “recommend.” advances are considered as merely as
Recommending, knowing that recommendee preparatory acts.
has no qualification, is NOT a crime.
 Proof of solicitation is NOT necessary when
 There must be a law providing for there is sexual intercourse.
qualifications of a person to be nominated or
appointed to a public office.

ARTICLE 245:

181
 TITLE EIGHT  A STRANGER, who cooperates and takes
CRIMES AGAINST PERSONS part in the commission of the crime of
parricide, is NOT guilty of parricide but only
homicide or murder, as the case may be.
CHAPTER ONE:
DESTRUCTION OF LIFE  If the accused is not aware that the victim is
his relative, he will be charged for the actual
ARTICLE 246: crime committed but Article 49 will be applied
PARRICIDE to determine his penalty.

ELEMENTS:  In case of error in personae, it is parricide

1. A person is killed; even if there is no intent to kill the relative.
2. The deceased is killed by the accused; BUT, the penalty imposable is that which is
3. Deceased is the: imposable for the intended crime.
(a) Legitimate/illegitimate father,
(b) Legitimate/illegitimate mother,  Intent to kill the relative is essential in
(c) Legitimate/illegitimate child who should parricide.
not be less than 3 days (72 hours) old,
otherwise crime is infanticide, HOWEVER, it is still parricide even if there is
(d) Other legitimate ascendant, no intent to kill the relative pursuant to
(e) Other legitimate descendant, or paragraph 1, Article 4.
(f) Legitimate spouse.
BUT, intent to kill is essential in attempted or
NOTES: frustrated parricide.
 The key element in parricide is the
RELATIONSHIP of the offender with the PENALTY: Reclusion perpetua to death
victim (People v. Dalag; April 30, 2003).
When the penalty for parricide shall NOT be
 The following are EXCLUDED (i.e. the reclusion perpetua to death:
accused will NOT be guilty of parricide): 1. Reckless or simple imprudence (Art. 365)
(a) Adoptive relationship; 2. Parricide by mistake (Article 49)
(b) Child less than 3 days old (infanticide); 3. Parricide under exceptional circumstances
(c) Relationship by affinity; (Article 247).
(d) Illegitimate other ascendant or
descendant; ARTICLE 247:
(e) Common-law spouse; and DEATH OR PHYSICAL INJURIES INFLICTED
(f) Siblings and other collateral relatives. UNDER EXCEPTIONAL CIRCUMSTANCES

 Relationship must be alleged and proved. REQUISITES:

1. A legally married person, or a parent,
If NOT alleged, it can only be considered as surprises his spouse or his daughter, the
an ordinary aggravating circumstance latter under 18 years of age and living with
(People v. Jumawan; September 23, 1982). him, in the act of sexual intercourse with
another person;
 In case of Muslim marriages, Article 27, P.D. 2. He or she kills any or both of them, or inflicts
1083 (The Muslim Code of Personal Laws) upon any or both of them any serious
allows a Muslim to validly contract marriage physical injury in the act or immediately
with four wives, BUT the killing of the thereafter;
second, third, or fourth wife will NOT 3. He has NOT promoted or facilitated the
constitute parricide because a Muslim would prostitution of his wife or daughter, or that
be punished and penalized more than a non- she has not consented to the infidelity of the
Muslim by reason of a marriage which the other spouse.
law allows him to contract.
NOTES:

182
 This article does NOT define and penalize a  There is NO liability for physical injuries
felony, BUT grants a singular mitigating suffered by third persons caught in the
circumstance and provides for the imposition crossfire as the accused shot the victim.
of the penalty of destierro (as a form of Inflicting death under exceptional
protection for the accused) rather than the circumstances is not murder. Therefore, the
ordinary penalty for parricide. accused cannot be held liable for injuries
sustained by third persons as a result
 The killing must be the proximate result of thereof. There is NO aberratio ictus because
the outrage overwhelming the accused, and he was acting lawfully (People v. Abarca;
NOT influenced by external factors (People September 14, 1987).
vs. Gelaver; June 9, 1993).
 Persons who are NOT entitled to the
 The discovery, escape, pursuit and the killing benefits of Article 247:
must all form part of one continuous act (a) Any person who PROMOTES the
(U.S. v. Vargas; May 7, 1903). prostitution of his wife or daughter;
(b) Any person who FACILITATES the
 However, surprising the spouse or daughter prostitution of his wife or daughter;
in the act of sexual intercourse is an (c) Any person who CONSENTS to the
indispensable requisite. infidelity of the other spouse.

CASE: ARTICLE 248:

A husband who, upon arriving home one MURDER
night and seeing a man jump out of the
window, killed his wife who was begging him ELEMENTS: K A A N
to pardon her is guilty of parricide and the 1. A person was killed;
penalty to be imposed is reclusion perpetua 2. The accused killed the deceased;
to death, not Destierro (People v. Marquez; 3. The killing is attended by any of the
53 Phil. 260). qualifying circumstances in Article 248.
4. The killing is NOT parricide or infanticide.
 Evidence of the victim’s promiscuity is
inconsequential to the killing (People v. PENALTY: Reclusion perpetua to death
Puedan; September 2, 2002).
QUALIFYING CIRCUMSTANCES:
 The accused must be a LEGALLY married All the qualifying circumstances of murder are all
person. Hence, this does NOT apply to found in Article 14 EXCEPT for “outraging or
common law spouses. scoffing at the person or corpse of the victim.”

 Legitimacy of parent is NOT required, (a) T – SAWI: With treachery, taking advantage
provided that the daughter is a (a) minor, (b) of superior strength, with the aid of armed
single (unmarried), and (c) living with her men, or employing means to weaken the
parents. defense, or of means or persons to insure or
afford impunity;
 The accused husband is NOT entitled to the (b) PRP: In consideration of a price, reward or
benefits of Article 247 when he killed his promise;
unfaithful wife and her paramour after the (c) IF PESS D FaMO: By means of inundation,
actual act of coitus (People vs. Gonzales; fire, poison, explosion, shipwreck, stranding
October 31, 1939). of a vessel, derailment or assault upon a
railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means
 Physical injuries must be serious.
involving great waste and ruin;
(d) CEE CEO: On occasion of any of the
If the physical injuries are less serious or
calamities enumerated in the preceding
slight, this will be an absolutory cause;
paragraph, or of an earthquake, eruption of a
hence, NO criminal liability.
volcano, destructive cyclone, epidemic, or
any other public calamity;

183
(e) With evident premeditation;  Price need not be in money only (People v.
(f) COS: With cruelty, by deliberately and Orenciada; August 7, 1924).
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person Inundation, fire, poison, explosion,
or corpse. shipwreck, stranding of a vessel, derailment
or assault upon a railroad, fall of an airship,
RULES FOR THE APPLICATION OF THE by means of motor vehicles, or with the use
QUALIFYING CIRCUMSTANCES: of any other means involving great waste and
1. Murder will exist with only one of the ruin
circumstances described in Article 248.  This is NOT aggravating when it is already
2. When the other circumstances are absorbed an essential part of the felony.
or included in one qualifying circumstance,
they cannot be considered as generic Murder by fire
aggravating.  When a person is killed by fire, the primordial
3. Any of the qualifying circumstances criminal intent of the offender is considered.
enumerated in Article 248 must be alleged
in the information. Otherwise, it is only a (a) If the primordial criminal intent of the
generic aggravating circumstance. offender is TO KILL and fire was only
used as a means to do so, the crime is
NOTES ON QUALIFYING CIRCUMSTANCES: murder, having been qualified by fire.
See also discussion in Article 14.
NOTE: Intent to kill must be present for
Treachery the use of fire to be appreciated as a
 It means that the attack was executed in qualifying circumstance.
such a manner as to make it impossible for
the victim to retaliate (People vs. Dones; (b) If the primordial criminal intent of the
June 20, 2012). offender is TO DESTROY property with
the use of fire and incidentally,
Taking advantage of superior strength somebody within the premises is killed,
 There must be deliberate intent to take the crime is arson with homicide
advantage of superior strength. penalized under Article 326.

Aid of armed men CASE:

 “Aid of armed men” is absorbed by the Intending to make fun of a mentally-disabled
qualifying circumstance of “band.” person, Pugay poured gasoline on the victim
while Samson set him on fire. The victim
 It may be taken independently of abuse of died. There was no animosity between the
superior strength (People vs. San Miguel; two accused and the victim such that it
September 27, 1983). cannot be said that they resorted to fire to kill
the victim. It was merely a part of their fun
Employment of means to weaken the defense making but because their acts were
felonious, they are criminally liable (People
Employment of means or persons to insure v. Pugay; November 17, 1988).
or afford impunity
Murder by poison
Price, reward or promise  Treachery and evident premeditation are
 This is considered aggravating circumstance inherent in murder by poison only if the
equally against the offeror and the acceptor offender has the intent to kill the victim by
(People vs. Alincastre; August 30, 1971). use of poison.

 It must be the sole motivating factor in the On occasion of any of the calamities
commission of the crime, without which the enumerated in the preceding paragraph, or of
crime would not have been committed. an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity

184
 Offender should deliberately take advantage
of the occasions mentioned in order to NOTES:
facilitate the commission of the crime.  Use of unlicensed firearm is considered as
an aggravating circumstance in homicide,
Evident premeditation and not as a separate crime.
 It is primarily a state of mind.
 Evident premeditation is absorbed in price,  Intent to kill is presumed when death results.
reward or promise.
Evidence of intent to kill is important only in
Cruelty, by deliberately and inhumanly attempted or frustrated homicide.
augmenting the suffering of the victim
 Under Article 14, the generic aggravating In attempted or frustrated homicide, there is
circumstance of cruelty (ensañamiento) intent to kill. In physical injuries, there is
requires that the victim be alive when the none. However, if as a result of the physical
cruel wounds were inflicted and, therefore, injuries inflicted, the victim died, the crime
there must be evidence to that effect. will be homicide because the law presumes
 It cannot be presumed (People vs. Artieda; intent to kill and punishes the result, and not
May 15, 1979). the intent of the act. The accused will,
however, be entitled to the mitigating
Outraging or scoffing at his person or corpse circumstance of lack of intent to commit so
 “OUTRAGE” means “to commit an extremely grave a wrong.
vicious or deeply insulting act.”
Physical injuries sufficient to cause death are
 “SCOFF” means “to show contempt by one of the essential elements of frustrated
derisive acts or language” (People vs. Olivo; homicide.
January 18, 2001).
There is NO offense of frustrated homicide
(People vs. Amondina; March 17, 1993). through imprudence. The element of intent to
kill in frustrated homicide is incompatible with
Use of unlicensed firearm negligence or imprudence.
 This is a special aggravating circumstance in
murder or homicide that will increase the PROBLEM:
penalty to the maximum period. It cannot be Accused pharmacist prepared the medicine
offset by any ordinary mitigating on prescription but erroneously used a highly
circumstances, regardless of their nature or poisonous substance. When taken by the
number. There can be no separate patient, the latter nearly died. What is the
conviction for illegal possession of firearms crime committed?
(People vs. Sabadao; October 30, 2000).
ANSWER:
ARTICLE 249: Accused is guilty only of reckless
HOMICIDE imprudence resulting in serious physical
injuries.
It is the unlawful killing of any person without any
attendant circumstance that will qualify it as CORPUS DELICTI
murder, parricide, or infanticide. In all crimes against persons in which the death
of the victim is an element of an offense, there
ELEMENTS: K A I N must be satisfactory evidence of:
1. That a person was killed; (a) The fact of death, and
2. That the accused killed him without any (b) The identity of the victim.
justifying circumstance;
3. That the accused had the intention to kill, ARTICLE 250:
which is presumed; and PENALTY FOR FRUSTRATED PARRICIDE,
4. That the killing was NOT attended by any of MURDER, OR HOMICIDE
the qualifying circumstances of murder, or by
that of parricide or infanticide.

185
Courts may impose a penalty two degrees lower  If the person who inflicted the fatal wound is
for FRUSTRATED parricide, murder or homicide. positively identified, Article 251 does NOT
apply. The crime will be homicide under
Courts may impose a penalty three degrees Article 249.
lower for ATTEMPTED parricide, murder or
homicide. ARTICLE 252:
PHYSICAL INJURIES INFLICTED IN A
NOTES: TUMULTUOUS AFFRAY
 This rule is permissive, NOT mandatory.
 BUT, attempt against the life of the Chief ELEMENTS:
Executive, etc. is punishable by death. 1. That there is a tumultuous affray;
2. That a participant or some participants
ARTICLE 251: thereof suffered serious physical injuries or
DEATH CAUSED IN A physical injuries of a less serious nature only;
TUMULTUOUS AFFRAY 3. That the person responsible therefor cannot
be identified; and
ELEMENTS: 4. That all those who appear to have used
1. There are several persons; violence upon the person of the offended
2. They do not compose groups organized party are known.
for the common purpose of assaulting
and attacking each other reciprocally; NOTES:
3. These several persons quarreled and  Injured must be a participant in the affray.
assaulted one another in a confused and Unlike in Article 251, the injured party in this
tumultuous manner; article must be one or some of the
4. Someone was killed in the course of affray; participants in the affray.
5. It cannot be ascertained who actually
killed the deceased; and  All those who appear to have used violence
6. The person or persons who inflicted shall suffer the penalty next lower in degree
serious physical injuries or who used than that provided for the serious physical
violence can be identified. injuries inflicted.

PERSONS LIABLE: For less serious physical injuries, the penalty

(a) The person or persons who inflicted the is arresto mayor from five to fifteen days.
serious physical injuries are liable.
(b) If it is not known who inflicted the serious  If the one who caused the physical injuries is
physical injuries on the deceased, all the known, he will be liable for physical injuries
persons who used violence upon the person actually committed.
of the victim are liable.
 Slight physical injury is NOT included and is
TUMULTUOUS AFFRAY considered as inherent in a tumultuous
It is a melee or free-for-all, where several affray.
persons not comprising definite or identifiable
groups attack one another in a confused and ARTICLE 253:
disorganized manner, resulting in the death or GIVING ASSISTANCE TO SUICIDE
injury of one or some of them (People vs.
Campa; February 28, 1994).
PUNISHABLE ACTS:
1. Assisting another to commit suicide,
NOTES:
whether the suicide is consummated or not;
 There is NO tumultuous affray if the and
commotion was between two distinct groups 2. Lending his assistance to another to
(People v. Unlagada; September 17, 2002). commit suicide to the extent of doing the
killing himself.
 The person killed need NOT be a participant
in the tumultuous affray. NOTES:
 If the suicide is NOT consummated:

186
 (a) For ACT 1: Arresto mayor in its medium Firing a gun against the house of the
and maximum periods. offended party at random not knowing in
(b) For ACT 2: One or two degrees lower what part of the house the people inside
than that provided for consummated were, is only alarm under Article 155
suicide. (People vs. Hinolan; C.A., 47 O.G. 3596).

 An attempt to commit suicide is an act but it  There must be NO intention to kill.

is NOT punishable by law.
Intention to kill is negatived by the distance
 A pregnant woman who attempts to commit of 200 yards between offender and victim
suicide by means of poison, but instead of (People vs. Agbuya; 57 Phil 238).
dying, the fetus in her womb was expelled, is
NOT liable for abortion because:  Even if there was no intent to kill but if the
discharge of firearms resulted to death, it will
(a) She was NOT committing a felony (in be homicide pursuant to par. 1, Article 4.
order to incur criminal liability for the
result not intended, one must be  The crime is discharge of firearm even if the
committing a felony), and gun was not pointed at the offended party
(b) Unintentional abortion is punishable only when it fired, as long as it was initially aimed
when it is caused by violence (Article by the accused at or against the offended
257), not by poison. party (People v. Ramirez; C.A. 46 OG 6119).

 The relation of the offender to the person  There is NO complex crime of discharge of
committing suicide is NOT material. The law firearms with slight physical injuries.
does not distinguish. Hence, penalty would
be the same if the offender is the father, BUT, there can be a complex crime of
mother or child. discharge of firearms with less serious
physical injuries. Both are less grave
 The person attempting suicide is NOT liable. felonies.
(Reason: He should be pitied, not punished).
Discharge of firearms can be complexed with
EUTHANASIA serious physical injuries under Pars. 3, 4,
It (also called “mercy killing”) is a practice of and 5, Article 263.
painlessly putting to death a person suffering
from some incurable disease. It is PUNISHABLE As to serious physical injuries under Pars. 1
under this article. and 2, Article 263, the discharge of firearms
is absorbed. There is no complex crime
NOTES: UNLESS the facts constitute an attempt or
 A doctor who resorts to euthanasia of his frustration, or if the felony is greater than or
patient may be liable for murder. equal to discharge of firearms in penalty.
 BUT, if the patient himself asks to be killed
by his doctor, this article applies. DISCHARGE OF ALARMS AND
FIREARMS SCANDALS
ARTICLE 254: It is a crime It is a crime against
DISCHARGE OF FIREARMS against persons. public order.
This is without There is intent to cause
ELEMENTS: Dis No intention to kill. public disturbance.
1. The offender discharges a firearm against or
at another person; and
2. Offender has no intention to kill that person. ARTICLE 255:
INFANTICIDE
NOTES:
 Discharge towards the house of victim is Infanticide is the killing of any child less than
NOT illegal discharge of firearm. three (3) days (72 hours) of age, whether the

187
killer is the parent or grandparent, any other 3. The fetus dies, as a result thereof, either in
relative of the child, or a stranger. the womb or after having been expelled
therefrom.
ELEMENTS: 4. The abortion is intended.
1. A child was killed.
2. The deceased child was less than three PERSONS LIABLE:
days (72 hours) of age. (a) The person who intentionally caused the
3. The accused killed the said child. abortion.
(b) The woman, if she consented to the abortion
NOTES: caused on her.
 The child must be born alive and can sustain
an independent life when it is killed. NOTES:
 Knowledge of the accused about the
 Only the mother and the maternal pregnancy is essential.
grandparents of the child are entitled to the
privileged mitigating circumstance of  Fetus must die. Otherwise, determine if
concealing dishonor. there is intent to abort: (a) if there is intent,
it is frustrated intentional abortion, or (b) if
 If the child is abandoned without any intent to there is no intent, only physical injuries.
kill and death results as a consequence, the
crime committed is NOT infanticide but  Mere boxing of the stomach taken together
abandonment under Article 276. with the immediate strangling of the victim in
a fight is NOT sufficient proof to show intent
 No crime of infanticide is committed when to cause abortion (People vs. Salufrania;
the child was born dead, or when it, although March 30, 1988).
born alive, could not sustain an independent
life when it was killed. ABORTION INFANTICIDE
Fetus could not sustain Fetus could sustain
PENALTY: an independent life. an independent life
 Father, mother, or legitimate other There is no legal upon separation from
ascendant who commits infanticide shall viability. mother’s womb.
suffer the penalty for parricide.
 Other person who commits infanticide shall
suffer the penalty for murder. ARTICLE 257:
UNINTENTIONAL ABORTION
ARTICLE 256:
INTENTIONAL ABORTION ELEMENTS:
1. There is a pregnant woman;
2. Violence is used upon such pregnant
Intentional Abortion is the willful killing of the
woman without intending an abortion;
fetus in the uterus, or the violent expulsion of the
3. The violence is intentionally exerted; and
fetus from the womb of the mother.
4. As a result of the violence, the fetus dies,
either in the womb or after having been
ELEMENTS:
expelled therefrom.
1. There is a pregnant woman.
2. Any of the following ways is committed:
NOTES:
(a) Violence is exerted upon the person of
 Unintentional abortion is an intentional
the pregnant woman, or
felony. The offender must have inflicted the
(b) Drugs or beverages are administered,
violence deliberately and voluntarily.
without violence upon and without the
consent of the pregnant woman, or
 Knowledge of the pregnancy is NOT
(c) Drugs or beverages are administered,
with the consent of pregnant woman. essential. The offender may or may not be
aware of the pregnancy of the woman.

 Unintentional abortion requires physical

violence inflicted deliberately and voluntarily

188
 by a third person upon the pregnant woman, pregnant woman committing abortion,
without intention to cause the abortion. without the purpose of concealing dishonor.

 If the pregnant woman aborted because of ARTICLE 259:

intimidation, the crime committed is NOT ABORTION PRACTICED BY A PHYSICIAN OR
unintentional abortion because there is no MIDWIFE IN DISPENSING OF ABORTIVES
violence. The crime is light threats.
PERSONS LIABLE:
 If the pregnant woman was killed by violence 1. Any physician or midwife, who, taking
by her husband, the crime committed is the advantage of his/her scientific knowledge
complex crime of parricide with or skill, shall cause or assist in causing
unintentional abortion. the abortion.

 Unintentional abortion may be committed ELEMENTS:

through negligence, as it is enough that the (a) There is a pregnant woman who has
use of violence be voluntary. suffered an abortion.
(b) The abortion is intended.
 If the woman wanted to commit suicide, there (c) The offender, who must be a physician
can be no intentional or unintentional or midwife, causes or assists in causing
abortion. The violence employed must come the abortion.
from the offender. (d) Said physician or midwife takes
advantage of his or her scientific
ARTICLE 258: knowledge or skill.
ABORTION PRACTICED BY THE WOMAN
HERSELF OR HER PARENTS 2. Any pharmacist who, without proper
prescription from a physician, shall
ELEMENTS: dispense any abortive.
1. There is a pregnant woman who has
suffered an abortion. ELEMENTS:
2. The abortion is intended. (a) The offender is a pharmacist.
3. The abortion is caused by: (b) There is no proper prescription from a
(a) The pregnant woman herself; physician.
(b) Any other person, with her consent; or (c) The offender dispenses any abortive.
(c) Any of her parents, with her consent, for
the purpose of concealing her dishonor. ARTICLE 260:
RESPONSIBILITY OF
The woman is liable when: PARTICIPANTS IN A DUEL
(a) She shall practice an abortion upon herself;
or DUEL
(b) She shall consent that any other person It means a formal agreement to fight with another
should do so. party, under determined conditions and with the
participation and intervention of seconds, who fix
NOTES: such conditions (U.S. v. Navarro; March 9,
 If the purpose of abortion is to conceal 1907).
dishonor, mitigation applies ONLY to
pregnant woman and NOT to parents of PUNISHABLE ACTS:
pregnant woman, unlike in infanticide. 1. Killing one’s adversary in a duel;
2. Inflicting physical injuries upon such
 If the purpose of parents is not to conceal adversary; and
dishonor, the crime is intentional abortion. 3. Engaging in combat although no physical
injuries have been inflicted.
 There is NO mitigation for parents of
pregnant woman even if their purpose is to PERSONS LIABLE:
conceal dishonor. The penalty for the parents
in this case is the same as the penalty for a

189
(a) Principals: The person who killed or inflicted 2. Serious physical injuries;
physical injuries upon his adversary, or both 3. Administering injurious substance and
combatants in any other case, as principals. beverages;
(b) Accomplices: The seconds (persons who 4. Less serious physical injuries; and
make the selection of the arms and fix the 5. Slight physical injuries and maltreatment.
other conditions of the fight).
PHYSICAL INJURIES ATTEMPTED OR
NOTE: The general principle is that when there FRUSTRATED
is intent to kill, the infliction of physical injuries is HOMICIDE
either attempted or frustrated homicide.
The offender inflicts In frustrated and
physical injuries. attempted homicide,
The Code disregards the intent to kill in
the offender inflicts
considering the penalty for duel when only
physical injuries.
physical injuries are inflicted upon the adversary.
However, attempted
homicide may be
ARTICLE 261: committed even if
CHALLENGING TO A DUEL there is no physical
injury inflicted.
PUNISHABLE ACTS:
The offender has NO The offender has the
1. Challenging another to a duel;
intent to kill the intent to kill the
2. Inciting another to give or accept a challenge
offended party. offended party.
to a duel; and
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight ARTICLE 262:
a duel. MUTILATION

PERSONS LIABLE: Mutilation is the lopping or the clipping of some

(a) Challenger; and part of the body.
(b) Instigators.
TWO KINDS Of MUTILATION:
NOTES: 1. Castration: Intentionally mutilating another
 There must be intention to have a formal by depriving him, either totally or partially, of
duel (as opposed to light threats under some essential organ for reproduction.
Article 285, par. 2). 2. Mayhem or Other Intentional Mutilation:
Intentionally making other mutilation, that is,
The person making the challenge must have by lopping or clipping off any part of the body
in mind a formal combat to be concerted of the offended party, other than the
between him and the one challenged in the essential organ for reproduction, to deprive
presence of two or more persons. him of that part of the body.

 If one challenges another to a duel by ELEMENTS OF CASTRATION:

shouting “Come down, Olympia, let us 1. That there be castration, that is, mutilation of
measure your prowess. We will see whose organs necessary for generation, such as
intestines will come out. You are a coward if penis or ovarium.
you do not come down,” the crime of 2. The mutilation is caused purposely and
challenging to a duel is NOT committed. deliberately, that is, to deprive the offended
What is committed is the crime of light party of some essential organ for
threats under Article 285 (People v. reproduction.
Tacomoy; July 16, 1951).
NOTES:
CHAPTER 2:  Offender must have the intention to deprive
the offended party of a part of his body.
PHYSICAL INJURIES
If not done purposely or deliberately, the
CRIMES PUNISHABLE: case will be considered as physical injuries
1. Mutilation; falling under Article 263.

190
 There must be NO intent to kill; otherwise, NOTES:
the crime would be homicide or murder as Paragraph 1
the case maybe.  Impotence means inability to copulate. It is
used synonymously with “sterility.”
 Intent to mutilate must be established. If
there is no intent, the crime is only serious  Blindness under Paragraph 1 must be
physical injury. complete blindness (of two eyes).

ARTCILE 263: If there is loss of one eye only, the serious

SERIOUS PHYSICAL INJURIES physical injuries is of Paragraph 2.

MODES OF COMMISSION:  Penalty for serious physical injuries under

1. By wounding; Paragraph 1 is one degree higher when
2. By beating; victim is under 12 years of age.
3. By assaulting; and
4. By administering injurious substance. Paragraph 2
 It mentions principal members of the body.
NOTE: There is no attempted or frustrated crime
of physical injuries because this felony is defined  Loss of power to hear under Paragraph 2
by the gravity of the injury. It is a crime of result. must be of both ears.
As long as there is no injury, there can be no
attempted or frustrated stage. If hearing in only one ear is lost, it falls under
Paragraph 3.
TYPES OF SERIOUS PHYSICAL INJURIES:
1. When the injured person becomes insane,  Loss of the use of hand, or incapacity for
imbecile, impotent or blind in consequence work under Paragraph 2, must be
of the physical injuries inflicted. permanent, which must be proven by clear
and conclusive evidence.
2. When the injured person:
(a) Loses the use of speech or the power to  As to incapacity for work, the offended
hear or to smell, or loses an eye, a party must have a vocation or work in which
hand, a foot, an arm, or a leg. he was theretofore habitually engaged at the
(b) Loses the use of any such member, or time of the injury (also required also Par. 3):
(c) Becomes incapacitated for the work in (a) Work includes studies or preparation for
which he was therefore habitually a profession.
engaged, in consequence of the (b) It means incapacity for a certain kind of
physical injuries inflicted. work only, but not for all.

3. When the person injured: Paragraph 3

(a) Becomes deformed,  It covers any other part of the body which is
(b) Loses any other member of his body, not a principal member of the body.
(c) Loses the use thereof, or
(d) Becomes ill or incapacitated for the  Deformity requires the concurrence of the
performance of the work in which he following conditions:
was habitually engaged for more than (a) It must be physical ugliness,
90 days, in consequence of the physical (b) It must be a permanent and definite
injuries inflicted. abnormality (ugliness will not disappear
through natural healing process),
4. When the injured person becomes ill or (c) It must be conspicuous and visible.
incapacitated for labor for more than 30
days (but must not be more than 90 days), If scar is usually covered, then it is not
as a result of the physical injuries inflicted. considered conspicuous or visible.

191
 Loss of teeth may be considered a clipped off.
deformity, provided that injury must be that
which cannot be repaired by the action of QUALIFYING CIRCUMSTANCES:
nature (except for old men/women and 1. It was committed against any of the persons
children). referred to in the crime of parricide under
Article 246.
Examples: 2. Any of the circumstances qualifying murder
(a) Loss of molar tooth is NOT deformity attended its commission.
as it is not visible.
(b) Loss of permanent front tooth is NOTE: The “qualified penalties” are NOT
considered as a deformity as it is visible applicable to parents who inflict serious physical
and permanent. injuries upon their children by excessive
(c) Loss of milk front tooth is NOT chastisement.
deformity as it is visible but will be
naturally replaced. IMPORTANT NOTES:
 There must be no intent to kill; otherwise, the
 Loss of fingers may fall under Paragraph 2 crime would be attempted or frustrated
if it results in loss of the use of hand itself. murder, parricide or homicide, as the case
may be.
Paragraph 4
 Incapacity for any kind of work is  It can be committed by reckless imprudence,
acceptable, because the phrase “incapacity or by simple imprudence or negligence.
for labor” is used.
 Injury requiring hospitalization for more  There must be a specific animus iniuriandi or
than 30 days is serious physical injuries the malicious intention to do wrong against
under Paragraph 4. the physical integrity or well-being of a
person so as to incapacitate and deprive the
ADDITIONAL NOTES: victim of certain bodily functions (Villareal vs.
 Medical attendance is NOT important in People; February 1, 2012).
serious physical injuries.
NOTE: See discussions in the SPL section on –
 When the injury created a deformity upon the (a) Anti-Hazing Law (R.A. 8049) and
offended party, you disregard the healing (b) Anti-Torture Law (R.A. 9745).
duration or the period of medical treatment
involved. At once, it is considered serious
physical injuries. ARTICLE 264:
ADMINISTERING INJURIOUS
 When the category of the offense of serious SUBSTANCES OR BEVERAGES
physical injuries depends on the period of
illness or incapacity for labor, there must be ELEMENTS: S A N
evidence of the length of that period. 1. The offender inflicted upon another any
serious physical injury.
If there is no evidence upon such period, the 2. It was done by knowingly administering to
offense is only slight physical injuries. him any injurious substances or beverages
or by taking advantage of his weakness of
 Lessening of the efficiency in work due to mind or credulity.
injury is NOT incapacity. 3. He had no intent to kill.

NOTES:
MUTILATION SERIOUS
 “Administering” means “introducing into the
PHYSICAL
body” injurious substances or beverages.
INJURIES
In mutilation, the body This intention is not  If there is intent to kill, it is frustrated
parts should have present in serious murder – the injurious substance is
been purposely and physical injuries. considered as poison.
deliberately lopped or

192
 Knowledge applies to the injurious nature of
the substance or beverage.  There must be proof as to the period of the
 “Taking advantage of his weakness of mind required medical attendance.
or credulity” may take place in the case of
witchcraft, magnetism, and the like. ARTICLE 266:
SLIGHT PHYSICAL INJURIES AND
 The infliction of injuries by throwing mordant MALTREATMENT
chemicals or poisons in the face or upon the
body, is NOT one of the offenses KINDS:
contemplated in this article (U.S. vs. Chiong 1. Physical injuries which incapacitated the
Sangco; February 27, 1911). offended party from one (1) to nine (9)
days, or required medical attendance
ARTICLE 265: during the same period;
LESS SERIOUS PHYSICAL INJURIES
2. Physical injuries which did not prevent the
ELEMENTS: offended party from engaging in his
1. The offended party is incapacitated for habitual work or which did not require
labor for 10 days or more BUT not more medical attendance;
than 30 days, or needs attendance for the
same period. 3. Ill-treatment of another by deed without
2. The physical injuries must not be those causing any injury.
described in the preceding articles.
NOTES:
QUALIFYING CIRCUMSTANCES:  When there is NO evidence of actual injury, it
1. A fine not exceeding P500, in addition to is only slight physical injuries.
arresto mayor, shall be imposed for less
serious physical injuries when:  Slapping the face of the offended party
(a) There is manifest intent to insult or without causing dishonor is an example of
offend the injured person, or slight physical injury by ill-treatment.
(b) There are circumstances adding
ignominy to the offense. PRESUMPTION
2. Higher penalty is imposed when the victim is (a) In the absence of proof as to the period of
either: the offended party’s incapacity for labor or of
(a) The offender’s parents, ascendants, the required medical attendance, the crime
guardians, curators or teachers; or committed is presumed as slight physical
(b) Persons of rank or persons in authority, injuries.
provided the crime is NOT direct assault. (b) When there is no evidence to establish the
gravity or duration of the actual injury or
NOTES: to show the casual relationship to death,
 Need for medical attendance OR incapacity the offense is slight physical injuries.
for labor is required.
SUPERVENING EVENT
 When there is NO incapacity for labor or When the charge contained in the information
need for medical attendance, it will be filed was for slight physical injuries because it
considered as slight physical injuries. was believed that the wound suffered would
require medical attendance for 8 days only, but
(a) If injuries were healed within 30 days, it during preliminary investigation it was found that
is slight physical injuries; or the healing would require more than 30 days, this
(b) If injuries were healed only after 30 days, supervening event can still be the subject of
it is serious physical injuries (as illness amendment OR of a new charge without
for more than 30 days). placing the accused in double jeopardy (People
vs. Manolong; 85 Phil. 829).
 This article applies even if there was no
incapacity but the medical treatment was for
more than 10 days.

193
 THE ANTI-RAPE LAW (b) When the woman is Deprived of reason
(Republic Act No. 8353) or otherwise Unconscious; or
(c) By means of fraudulent Machination or
grave Abuse of authority; or
CHAPTER THREE:
(d) When the woman is Under 12 years of
RAPE age or Demented.

ARTICLE 266-A: NOTES:

RAPE: WHEN AND HOW COMMITTED  FORCE
Force employed against the victim of the
KINDS OF RAPE: rape need not be of such character as could
1. Rape by sexual intercourse; and be resisted.
2. Rape through sexual assault.
It is enough that the force used is sufficient to
NOTE: Rape through sexual assault can be consummate the culprit’s purpose of
committed by a male or a female. copulating with the woman. The force or
violence necessary in rape is naturally a
RAPE BY SEXUAL INTERCOURSE relative term, depending on the age, size and
strength of the parties and their relation to
It is rape through sexual intercourse without each other (People vs. Savellano; May 31,
consent of the woman. 1974).

ELEMENTS: M C – FITDUMAUD  INTIMIDATION

1. The offender is a man; It must be viewed in the light of the victim’s
2. He had carnal knowledge of a woman; and perception and judgment at the time of rape,
3. Such act is accomplished under any of the and not by any hard and fast rule.
following circumstances:
(a) By using Force, Threat or Intimidation; It is enough that it produces fear – fear that if
(b) When the woman is Deprived of reason the victim does not yield to the bestial
or is otherwise Unconscious; demands of the accused, something would
(c) By means of fraudulent Machination or happen to her at the moment or thereafter,
grave Abuse of authority; or as when she is threatened with death if she
(d) When the woman is Under 12 years of reports the incident (People v. Tabugoca;
age or is Demented, even though none 1998, and People v. Metin; May 8, 2003).
of the circumstances mentioned above
be present. Moral ascendancy or influence was held in a
number of rape cases to substitute for the
NOTE: Only one of the four circumstances element of physical force or intimidation.
mentioned in Paragraph 1 is sufficient
(Reyes, supra., p. 559).  The test is whether reasonable fear is
produced in the mind of the victim (People
RAPE THROUGH SEXUAL ASSAULT vs. Las Piñas; February 20, 2002).

ELEMENTS: S – Insert (PIO) – FITDUMAUD  RESISTANCE

1. Offender commits an act of sexual assault; Where resistance would be futile, offering
2. The act of sexual assault is committed by none at all does NOT amount to consent
any of the following means: (Reyes, supra., p. 560).
(a) By inserting his penis into another
person's mouth or anal orifice; or Verbal refusal alone will NOT do. There must
(b) By inserting any instrument or object be a physical struggle that is manifest and
into the genital or anal orifice of another tenacious (Reyes, supra., p. 560).
person;
3. The act of sexual assault is accomplished Resignation after penetration is no consent
under any of the following circumstances: (People vs. Dayo; December 1, 1927).
(a) By using Force, Threat or Intimidation; or

194
 When the offender has an ascendancy or NOTES ON STATUTORY RAPE:
influence over the girl, it is not necessary that  The prosecution needs to prove –
she put up a determined resistance (Reyes, (a) The age of the complainant;
supra., p. 562). A rape victim does not have (b) Identity of the accused; and
the burden of proving resistance (People v. (c) The sexual intercourse between the
Sending; January 20, 2003). accused and complainant (People
vs. Layco; May 8, 2009).
 Rape by means of fraudulent machinations
and grave abuse of authority absorbs the  Victim’s consent is immaterial.
crime of qualified and simple seduction.
 Offender’s knowledge of the victim’s age
 DEPRIVATION OF REASON OR is immaterial in statutory rape.
UNCONSCIOUSNESS
This means that the victim has no will to give  Carnal knowledge of a child below 12
consent intelligently and freely. years old, even if she is engaged in
prostitution, is still considered statutory
Deprivation need not be complete. Mental rape (People v. Perez, 37 O.G. 1762).
abnormality or deficiency is sufficient
(People vs. Daing, C.A., 49 O.G. 2331).  Age requirement refers also to mental
age. HENCE, there is statutory rape if
Sexual intercourse with an insane woman is the accused raped a 16-year old mental
considered rape (People vs. Layson, C.A., retardate with the intellectual capacity of
37 O.G. 318). a nine-year old.

In the following cases, there is rape because  FINGERS count as “objects” under rape
the woman is unconscious: through sexual assault.
(a) Offended party was asleep (People vs.
Caballero; 61 Phil. 900). HENCE, it is rape through sexual assault
(b) The victim was in a state of being when the accused inserted his finger into the
drowsy is guilty of rape. Drowsiness is vagina of the victim (People vs. Soriano;
defined as the state of being drowsy, i.e. August 29, 2002).
ready to fall asleep or half-asleep
(People v. Siarza; August 18, 1997). BUT, insertion of finger in the mouth is NOT
(c) Woman was knocked unsconscious rape through sexual assault.
(People v. Sanico, C.A., 46 O.G. 98)
(d) Narcotic was administered to the woman.  Insertion of penis into the mouth of a ten-
BUT, it is not considered rape where year old boy is “rape by sexual assault”
consent is induced by the administration punished under Paragraph 2, Article 266-A
of drugs or liquor, which incites her (Ordinario v. People; May 20, 2004).
passions and does not deprive her of will
power (Reyes, supra., p. 563).
STAGES OF RAPE
(e) Potion was given to the woman (People
v. Bautista; January 27, 1981).
(f) Victim was in lethargy produced by IMPORTANT NOTE: Rape does NOT admit of a
sickness (Reyes, supra., p. 563). frustrated stage.

 STATUTORY RAPE PROBLEM:

It is the rape of a woman who is below 12 A soldier raped a 19-year old student by poking a
years of age. knife on her neck. Only a portion of his penis
entered her vagina because the victim kept on
In statutory rape, the victim who is under 12 struggling until she was able to escape. The trial
years of age is conclusively presumed court convicted the accused of frustrated rape.
incapable of giving consent to sexual Correct?
intercourse with another (People v. Negosa;
August 25, 2003). ANSWER:

195
NO. There is NO crime of frustrated rape. In mother arrived. Medical findings showed no
rape, from the moment the offender has carnal sign of genital injury and the victim’s hymen
knowledge of the victim, he actually attains his was intact. Is the accused liable for
purpose. All the essential elements have been consummated rape?
accomplished (People v. Orita; April 3, 1990).
ANSWER:
CONSUMMATED RAPE NO. The accused is only liable for attempted
 Rape is consummated the moment there is rape. For rape to be consummated, a slight
penetration of the female organ, no matter brush or scrape of the penis on the external
how slight. layer of the vagina will NOT suffice. Mere
touching of the external layer of the vagina
BUT, complete penetration is NOT without the intent to enter the same cannot
necessary. The slightest penetration – be construed as slight penetration.
contact with the labia majora – will
consummate the rape. ARTICLE 266-B:
PENALTY
 “Touching,” when applied to rape cases,
does not simply mean mere epidermal QUALIFYING CIRCUMSTANCES:
contact, stroking or grazing of organs, or a 1. The victim is under 18 years of age and the
slight brush or scrape of penis on the offender is a parent, ascendant, step-parent,
external layer of the victim’s vagina (Reyes, guardian, relative by consanguinity or affinity
supra. p. 558). within the third civil degree, or the common
law spouse of the parent of victim.
 Penis need not be erect (People vs. Clopino; 2. The victim is under the custody of the police
May 21, 1998). or military authorities or any law enforcement
or penal institution.
 Proof of emission is NOT necessary (People 3. The rape is committed in full view of the
vs. Selfaison; January 28, 1961). spouse, parent, or any of the children or
other relatives within the third civil degree of
The absence of spermatozoa in the vagina consanguinity.
does not negative rape (People v. Nula; May 4. The victim is a religious engaged in
7, 1958). legitimate religious vocation or calling and is
personally known to be such by the offender
 Conviction does NOT require a medico-legal before or at the time of the commission of the
finding of any penetration on the part of the crime.
woman. 5. The victim is a child below 7 years old.
6. The offender knows that he is afflicted with
ATTEMPTED RAPE HIV/AIDS or any other sexually transmissible
 The offender has already performed overt disease and the virus or disease is
acts with the intention to have carnal transmitted to the victim.
knowledge of the offended party, but which 7. Rape was committed by any member of the
was not consummated by reason of some AFP or paramilitary units thereof, of the PNP
cause or accident other than his own or of any law enforcement agency or penal
spontaneous desistance. institution, when the offender took advantage
of his position to facilitate the commission of
 There must be intent to have carnal the crime.
knowledge of the woman against her will. 8. By reason or on the occasion of the rape, the
victim has suffered permanent physical
 If there is no proof of penetration, the crime mutilation or disability.
may only be attempted rape (People vs. 9. The offender knew the pregnancy of the
Campuhan; March 30, 2000). offended party at the time of the commission
of the crime.
PROBLEM: 10. The offender knew the mental disability,
The accused had his pants down and was on emotional disorder and/or physical disability
top of the four-year old child when the child’s

196
 of the offended party at the time of the  An accused may be convicted of rape on the
commission of the crime. sole testimony of the victim.

NOTE: Special qualifying circumstances (e.g. RAPE SHIELD RULE

relationship) have to be alleged in the information Character of the offended woman is immaterial.
for it to be appreciated (People v. Gallo;
September 29, 1999). COUNTS OF RAPE
It is the number of penetration or ‘touching’
Penalty Qualifying Circumstance that determines the consummation of the sexual
Rape by Sexual Intercourse act. It is NOT the number of times that appellant
ejaculated but the penetration or ‘touching’ that
Reclusion Rape by sexual intercourse determines the consummation of the sexual act.
perpetua under Par. 1, Article 266-A. Thus appellant committed only one count of rape
Reclusion 1. Rape is committed (a) with (People v. Ferrer, August 14, 2001; People v.
perpetua to use of a deadly weapon, or Orilla, February 13, 2004).
death (b) by two or more persons.
2. Victim has become insane. RAPE BY SEVERAL OFFENDERS
3. Rape is attempted and a When several persons conspired to rape a single
homicide is committed by victim, each shall be liable for the rape
reason or on occasion committed personally by him, as well as those
thereof. committed by the others.
Death 1. Rape with homicide.
(currently 2. The rape is attended by the INDEMNITY AND DAMAGES
prohibited any of the 10 (a) Awarding of P50,000.00 as indemnity is
by virtue of aggravating/qualifying mandatory upon finding of the fact of rape.
R.A. 9346) circumstances mentioned in (b) Moral damages may be automatically
Article 266-B. awarded in rape cases without need of proof.
Rape through Sexual Assault
ARTICLE 266-C:
Reclusion 1. Rape through sexual assault EFFECT OF PARDON
temporal under Par. 2, Article 266-A.
2. The rape is attended by the EFFECTS OF PARDON:
any of the 10 1. The subsequent valid marriage between the
aggravating/qualifying offender and the offended party shall
circumstances mentioned in extinguish criminal liability (only as to the
Article 266-B. husband).
Reclusion Rape is attempted and a 2. In case it is the legal husband who is the
temporal to homicide is committed by offender, the subsequent forgiveness by the
reclusion reason or on the occasion wife as the offended party shall extinguish
perpetua thereof the criminal action or the penalty: Provided
Reclusion Rape with homicide that the crime shall not be extinguished or
perpetua the penalty shall not be abated if the
NOTE: Rape with homicide is a marriage is void ab initio.
special complex crime.
ARTICLE 266-D:
Rape must come before the PRESUMPTIONS
intent to kill or act of killing.
Any physical overt act manifesting resistance
IMPORTANT NOTES: against the act of rape in any degree from the
 An accused may be considered a principal offended party, OR where the offended party is
by direct participation, by inducement, or by so situated as to render her/him incapable of
indispensable cooperation. This is true in a giving valid consent, may be accepted as
charge of rape against a woman, provided evidence in the prosecution of the acts punished
that a man is charged together with her. under Article 266-A.

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 TITLE NINE:  It is not necessary that the victim be placed
CRIMES AGAINST PERSONAL in an enclosure, neither is it necessary that
LIBERTY AND SECURITY the detention be prolonged or permanent.
However, the essence of kidnapping is the
actual deprivation of the victim’s liberty
coupled with indubitable proof of the intent of
the accused to effect such deprivation
CHAPTER ONE: (People vs. Obeso; October 24, 2003).
CRIMES AGAINST LIBERTY
 It suffices that there be actual or manifest
ARTICLE 267: restraint on the person or liberty of the victim
KIDNAPPING AND (People vs. Cortez; February 1, 2000).
SERIOUS ILLEGAL DETENTION
 Physical detention is not necessary. It is
ELEMENTS: P I K – C (3 SST–MFO) enough that the victim is under the complete
1. The offender is a private individual. control of the perpetrators (People v. Tomio;
2. He kidnaps or detains another, or in any September 30, 1991).
other manner deprives the latter of his liberty.
3. The act of detention or kidnapping must be  The victim’s lack of consent is also a
illegal. fundamental element of kidnapping and
4. In the commission of the offense, any of the serious illegal detention. The involuntariness
following circumstances is present: of the seizure and detention is the very
(a) The kidnapping or detention lasts for essence of the crime. Although the victim
more than three (3) days; may have inceptually consented to go with
(b) It is committed by simulating public the offender to a place, but the victim is
authority; thereafter prevented, with the use of force,
(c) Any serious physical injuries are from leaving the place where he was brought
inflicted upon the person kidnapped or to with his consent and is detained against
detained, or threats to kill him are his will, the offender is still guilty of
made; or kidnapping and serious illegal detention
(d) The person kidnapped or detained is a (People v. Pickrell; October 23, 2003).
minor, female, or a public officer.
 Keeping a person as collateral for payment
NOTE: If any of these circumstances are of an obligation is kidnapping (People v.
present, the purpose of detention is Tomio; September 30, 1991).
immaterial.
KIDNAPPING A MINOR
QUALIFYING CIRCUMSTANCES:  In cases of kidnapping, if the person
1. It is committed for the purpose of extorting detained is a child, the question is whether
ransom either from the victim or from any there was actual deprivation of the child’s
other person; liberty, and whether it was the intention of the
2. The victim is killed or dies as a accused to deprive the parents of the
consequence of the detention; custody of the child (People vs. Acbangin;
3. The victim is raped; or August 9, 2000).
4. The victim is subjected to torture or
dehumanizing acts.  In kidnapping a minor, the length of detention
is immaterial (People vs. Mamantak; July 28,
ESSENCE OF KIDNAPPING 2008).
 The essence of kidnapping or serious illegal
detention under Article 267 is the actual  Where the victim is a child of tender age and
confinement or restraint of the victim OR the she was restrained from going home, and did
deprivation of his liberty (People vs. Lora; not know her way back home, there is
March 30, 1982). deprivation of the child’s liberty (People vs.
Jacalne; October 3, 2011).

198
KIDNAPPING A FEMALE circumstances enumerated in Paragraph 1 to
 This must not be with lewd designs. 4, Article 267 be present.

 If there is lewd design, the crime committed KIDNAPPING WITH RAPE

is forcible abduction.  There is only one special complex crime of
kidnapping with rape, regardless of the
RULE IN CASE OF PARENTS number of rapes committed (People vs.
 Parents cannot be held liable for kidnapping Mirandilla; July 27, 2011).
of their own children because they exercise
parental authority.  There should be no lewd designs at the time
of the kidnapping; otherwise, the crime would
EXCEPTION: They can be held liable for the be forcible abduction with rape.
kidnapping of their own children if parental
authority had already ceased. KIDNAPPING WHERE THE VICTIM DIES:
 There is no more complex crime of
The liability of the parent is provided for in kidnapping with murder or homicide under
the last paragraph of Article 271. Article 48, or the separate crimes of
kidnapping and homicide or murder.
KIDNAPPING FOR RANSOM
 ELEMENTS: In D Ex The kidnapping, where the victim is killed or
1. There must be the intention on the part dies as a consequence of the detention, shall
of the accused to deprive the victim of be punished under the last paragraph of
his liberty; Article 267, as amended by R.A. 7659
2. There must be actual deprivation of the (People vs. Ramos; October 12, 1998).
victim of his liberty; and
3. Extorting ransom for the release of the  It is murder and NOT kidnapping when the
victim must be the motive of the primary and ultimate purpose is to kill, and
accused. detention is merely incidental.

 Ransom is the money, price or consideration Specific intent is determinative of whether

paid or demanded for redemption of a the crime committed was murder or
captured person or persons, a payment that kidnapping. Hence, it must be alleged in the
releases a person from captivity. information and must be proven.

 Actual demand for ransom is NOT necessary IMPORTANT NOTES:

as long as it can be proven that the  Kidnapping and serious illegal detention are
kidnapping was done for the purpose of continuing offenses.
extorting money.
 Purpose is immaterial when any of the
 No specific form of ransom is required to circumstances in Par. 1, Art. 267 is present.
consummate the felony as long as the
ransom was intended as a bargaining chip in  The duration of the detention, even if only for
exchange for the victim’s freedom. Whether a few hours, does NOT alter the nature of the
or not ransom is actually paid to or received crime committed (People vs. Pavillare; April
by the perpetrator is of no moment (People 5, 2000).
v. Jatulan; April 24, 2007).
 The offenders in this crime are private
 Neither actual demand for nor payment of individuals or public officers acting in
ransom is necessary for the consummation their private capacity.
of the felony (People v. Cenahonon; July 12,
2007). If they are public officers, they are covered
by crimes under Title II, RPC.
 In kidnapping for ransom, it is NOT
necessary that one or any of such ILLEGAL ARBITRARY
DETENTION DETENTION

199
 It is a crime against It is a crime against 3. The arrest or detention is not authorized by
personal liberty. the fundamental laws law, or there is no reasonable ground
of the State therefor.
It is committed by a Offender is a public
NOTES:
private individual or a officer or employee
public officer acting who detains a person  Offender is any person, either a public
in private capacity, without legal ground. officer or a private individual.
who unlawfully
deprives a person of  The offender public officer either has (a) no
his liberty. authority to arrest or detain a person, or (b)
has not acted in his official capacity.
ARTICLE 268:  Arrests refer to warrantless arrests.
SLIGHT ILLEGAL DETENTION
UNLAWFUL DELAYING THE
ELEMENTS:
ARREST DELIVERY OF THE
1. The offender is a private individual.
DETAINED PERSON
2. He kidnaps or detains another, or in any
other manner deprives him of his liberty. Detention is not Detention is for some
3. The act of kidnapping or detention is illegal. authorized by law, or legal ground.
4. The crime is committed WITHOUT the there are no
attendance of the circumstances enumerated reasonable grounds
in Article 267. therefor.
It is committed by It is committed by
REQUISITES OF VOLUNTARY RELEASE making an arrest failing to deliver such
(As a privileged mitigating circumstance): which is not person to the proper
1. The offender voluntarily releases the authorized by the judicial authority
person so kidnapped or detained within law. within a certain
three (3) days from the commencement of period.
the detention;
2. Without having attained the purpose UNLAWFUL ARBITRARY
intended; and ARRESTS DETENTION
3. Before the institution of criminal proceedings
against him. The detention is not The detention is for
authorized by law, or some legal ground.
NOTES: there are no
 The prevailing rule now is that voluntary reasonable grounds
release will only mitigate criminal liability if therefor.
crime was slight illegal detention. If the crime
is serious illegal detention, it has NO effect ARTICLE 270:
(Asistio vs. Judge Aguirre; April 27, 2010). KIDNAPPING AND FAILURE
TO RETURN A MINOR
 The liability of one who furnishes the place
where the offended party is being held ELEMENTS: En Del
captive is that of a PRINCIPAL and not of an 1. The offender is entrusted with the custody of
accomplice. a minor person.
2. He deliberately fails to restore the said minor
ARTICLE 269: to his parents or guardian.
UNLAWFUL ARREST
NOTES:
ELEMENTS: A P No  This crime may also be committed by either
1. Offender arrests or detains another person. parent of the child. When committed by
2. The purpose of the offender is to deliver him either parent, penalty is only arresto mayor.
to the proper authorities.

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 What is punished is the deliberate failure of ARTICLE 272:
the custodian of the minor to restore the SLAVERY
latter to his parents or guardians.
ELEMENTS:
 Kidnapping and failure to return a minor is 1. The offender purchases, sells, kidnaps or
necessarily included in kidnapping and detains a human being
serious illegal detention of a minor under 2. The purpose of the offender is to enslave
Article 267(4) (People v. Jo; Aug. 19, 1986). such human being.

 Where a minor child was taken by the NOTES:

accused without the knowledge and consent  The employment or custody of a minor with
of his parents, the crime is kidnapping and the consent of the parent or guardian,
serious illegal detention under Article 267, although against the child’s own will,
NOT kidnapping and failure to return a minor CANNOT be considered involuntary
under Article 270 (People v. Mendoza). servitude (U.S. vs. Cabanag; 8 Phil. 64).

KIDNAPPING AND KIDNAPPING AND  BUT, where it is proven that the debtor was
FAILURE TO SERIOUS ILLEGAL obliged to render service in creditor’s house
RETURN A MINOR DETENTION as a servant without remuneration whatever
The offender is The offender is NOT and to remain there so long as she has not
entrusted with the entrusted with the paid her debt, there is slavery (Reyes vs.
custody of the minor. custody of the minor. Alojado; August 24, 1910).

NOTE: See discussion in the SPL section on

ARTICLE 271:
Anti-Trafficking in Persons Act (R.A. 9208).
INDUCING A MINOR TO
ABANDON HIS HOME
ARTICLE 273:
ELEMENTS: Living In EXPLOITATION OF CHILD LABOR
1. A minor is living in the home of his parents
or guardian or the person entrusted with his ELEMENTS: R A P
custody. 1. The offender retains a minor in his service.
2. The offender induces said minor to abandon 2. It is against the will of the minor.
such home. 3. It is under pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or
NOTES: person entrusted with the custody of such
 Inducement must be actual, committed with minor.
criminal intent, and determined by a will to
cause damage. NOTE: The existence of indebtedness
constitutes no legal justification for holding a
 The minor should not leave his home of his person and depriving him of his freedom to live
own free will. where he wills (Caunca v. Salazar; 82 Phil. 851).

 The minor need NOT actually abandon his ARTICLE 274:

home. Mere commission of any act which SERVICES RENDERED UNDER
tends to influence, persuade, or prevail on a COMPULSION IN PAYMENT
minor to abandon his home is what
constitutes this crime. ELEMENTS: C A P
1. The offender compels a debtor to work for
 Father or mother may commit crimes under him, either as household servant or farm
Articles 270 and 271, where they are living laborer.
separately and the custody of the minor 2. It is against the debtor’s will.
children has been given to one of them. But, 3. The purpose is to require or enforce the
their liability is mitigated. payment of a debt.

201
 SERVICES UNDER EXPLOITATION ARTICLE 276:
COMPULSION OF CHILD ABANDONING A MINOR
It does not distinguish The victim must be a
whether the victim is a minor. ELEMENTS: C U A N
minor or not. 1. The offender has the custody of a child.
2. The child is under seven (7) years of age.
The debtor himself is The minor is
3. He abandons such child.
the one compelled to compelled to render
4. He has no intent to kill the child when the
work for the offender. services for the
latter is abandoned.
supposed debt of his
parent or guardian.
QUALIFYING CIRCUMSTANCES:
It is limited to Service has no limit. 1. The death of the minor resulted from such
household, work or abandonment; or
farm labor. 2. The life of the minor was in danger because
of the abandonment.
CHAPTER TWO:
CRIMES AGAINST SECURITY NOTES:
 The purpose in abandoning the minor under
his custody is to avoid the obligation of taking
ARTICLE 275:
care of said minor.
ABANDONMENT OF PERSONS IN
DANGER AND ABANDOMENT OF
 The abandonment referred to in this article is
ONE’S OWN VICTIM
NOT the momentary leaving of the child,
BUT the abandonment which deprives him of
PUNISHABLE ACTS:
the care and protection from danger to his
1. Failing to render assistance to any person
person. The act must be conscious and
whom the offender finds in an uninhabited
deliberate (People v. Bandian; 63 Phil. 350).
place wounded or in danger of dying when
he can render such assistance without
 The intent to kill CANNOT be presumed from
detriment to himself, unless such omission
the death of the child. Such presumption
shall constitute a more serious offense.
applies only to crimes against persons, not to
crimes against security.
ELEMENTS:
(a) The place is uninhabited.
(b) The accused found there a person ARTICLE 277:
wounded or in danger of dying. ABANDONMENT OF MINOR ENTRUSTED
(c) The accused can render assistance WITH HIS CUSTODY;
without detriment to himself. INDIFFERENCE OF PARENTS
(d) The accused fails to render assistance.
PUNISHABLE ACTS:
2. Failing to help or render assistance to 1. Delivering a minor to a public institution or
another whom the offender has accidentally other persons without the consent of the one
wounded or injured. who entrusted such minor to the care of the
offender or, in the absence of that one,
NOTE: It does NOT apply when a person without the consent of the proper authorities.
intentionally wounds another and leaves him
in an uninhabited place. ELEMENTS (Abandonment of Minor):
1. The offender has charge of the rearing or
3. Failing to deliver a child under seven (7) education of a minor.
years of age, whom the offender has found 2. He delivers said minor to a public
abandoned, to the authorities or to his family, institution or other persons.
or by failing to take him to a safe place. 3. The one who entrusted such child to the
offender has not consented to such act,
NOTE: That the offender did not know that or if the one who entrusted such child to
the child is under 7 years is immaterial. offender is absent, the proper authorities
have not consented to it.

202
 3. Employing any descendant under 12 years of
NOTE: Only the person charged with the age in dangerous exhibitions enumerated in
rearing or education of the minor is liable. the next preceding paragraph, the offender
being engaged in any of said callings
2. Neglecting his (offender’s) children by not
giving them the education which their station 4. Delivering a child under 16 gratuitously to
in life requires and financial condition any person following any calling enumerated
permits. in paragraph two, or to any habitual vagrant
or beggar, the offender being an ascendant,
ELEMENTS (Indifference of Parents): guardian, teacher, or person entrusted in any
1. The offender is a parent. capacity with the care of such child
2. He neglects his children by not giving
them education. 5. Inducing any child under 16 to abandon the
3. His station in life requires such education home of its ascendants, guardians, curators
and his financial condition permits it. or teachers to follow any person engaged in
4. Failure to give education must be due to any calling mentioned in paragraph two, or to
deliberate desire to evade such accompany any habitual vagrant or beggar,
obligation. the offender being any person.

ABANDONMENT OF ABANDONMENT EXPLOITATION INDUCING A

MINOR BY PERSON OF MINOR OF MINORS MINOR TO
ENTRUSTED (Article 276) (Par. 5, Article ABANDON
WITH CUSTODY 278) HIS HOME
(Article 277) (Article 271)
The custody of the The custody of the The purpose of There is no such
offender is specific – offender is stated in inducing the minor purpose.
for the rearing or general. to abandon his
education of the minor. home is to follow
The minor is under 18 The minor is under any person
years of age. 7 years of age. engaged in the
callings mentioned.
The minor is delivered The minor is
to a public institution or abandoned in such Victim is under 16 Victim is under 18
other person. a way as to deprive years of age. years of age.
him of the care and
protection that his QUALIFYING CIRCUMSTANCE:
tender years need. If the delivery of the child to any person following
the callings of: (a) acrobat; (b) rope-walker; (c)
ARTICLE 278: diver; or (d) wild animal trainer; or (e) circus
EXPLOITATION OF MINORS manager; or (f) any habitual vagrant or beggar,
in consideration of any price, compensation,
or promise – (1) penalty shall be imposed in its
PROHIBITED ACTS:
maximum period, and (2) the offender shall be
1. Causing any boy or girl under 16 to perform
deprived of parental authority or guardianship.
any dangerous feat of balancing, physical
strength, or contortion, the offender being
any person NOTE: See discussion on Special Protection of
Children against Abuse, Exploitation and
2. Employing children under 16 who are not Discrimination Act (R.A. 7610).
children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, ARTICLE 279:
diver, or wild animal tamer, the offender ADDITIONAL PENALTIES FOR
being an acrobat, etc., or circus manager or OTHER OFFENSES
engaged in a similar calling
Imposition of the penalties prescribed in the
preceding articles shall NOT prevent the

203
imposition upon the same person of the penalty  Trespass may even be committed by the
provided for any other felonies defined and owner of the dwelling against the actual
punished under the code. occupant thereof.

ARTICLE 280:  In general, all members of a household must

QUALIFIED TRESPASS TO DWELLING be presumed to have authority to extend an
invitation to enter the house.
ELEMENTS: P En A
1. The offender is a private person. QUALIFYING CIRCUMSTANCES:
2. He enters the dwelling of another. 1. Violence, or
3. Such entrance is against the latter’s will. 2. Intimidation.

NOTES: Examples (Trespass through Violence):

 If committed by a public officer, the crime is (a) Pushing the door violently and maltreating
violation of domicile (Article 128). the occupants after entering.
(b) Cutting of a ribbon or string with which the
 This is a crime against security, not against door latch of a closed room was fastened.
property. HENCE, “trespass to dwelling” is The cutting of the fastenings of the door was
not embraced in the same title (crimes an act of violence.
against property) for purposes of establishing (c) Wounding by means of a bolo, the owner of
recidivism. the house immediately after entrance.

 DWELLING Examples (Trespass through Intimidation):

It is the place that a person inhabits. (a) Firing a revolver in the air by persons
attempting to force their way into a house.
It includes the dependencies which have (b) The flourishing of a bolo against inmates of
interior communication with the house. the house upon gaining an entrance.

Dwelling includes a room when occupied by NOTES:

another person.  The violence or intimidation may take place
immediately after the entrance.
 Entrance into dwelling must be against the
will of owner or occupant.  Prohibition by the owner/occupant is NOT
necessary when violence or intimidation is
“Against the will” means that the entrance employed by the offender.
is either expressly or impliedly prohibited, or
the prohibition is presumed. In the prosecution for trespass, the material fact
or circumstance to be considered is the
There must be opposition on the part of the occurrence of the trespass. The gravamen of the
owner of the house to the entry of the crime is violation of possession or the fact of
accused (U.S. vs. Flemister; 1 Phil. 355). having caused injury to the right of the
possession.
Mere absence of consent or lack of
permission does NOT amount to prohibition. NOT APPLICABLE:
1. Where the entrance to another’s dwelling is
Prohibition must be prior to or at the time of made for the purpose of preventing some
the entrance. serious harm to himself, the occupants of the
dwelling or a third person;
It is a well-settled rule that whoever enters 2. Where the purpose is to render some service
the dwelling of another at a late hour of the to humanity or justice; or
night after inmates have retired and closed 3. Where the place where entrance is made is a
their doors does against their will (U.S. vs. café, tavern, inn and other public house,
Mesina; 21 Phil. 615). while the same are open.

ARTICLE 281:

204
 OTHER FORMS OF TRESPASS 2. Making such threat without the offender
attaining his purpose.
ELEMENTS: E U – Pro N
1. The offender enters the closed premises or 3. Threatening another with the infliction upon
the fenced estate of another. his person, honor or property, or that of his
2. The entrance is made while either of them is family, of any wrong amounting to a crime,
uninhabited. the threat not being subject to a condition.
3. The prohibition to enter is manifest.
4. The trespasser has NOT secured the QUALIFYING CIRCUMSTANCES:
permission of owner or caretaker thereof. The threat was made in writing or through a
middleman. The penalty is to be imposed in its
NOTES: maximum period.
 “Premises” signifies distinct and definite
locality. It may mean a room, building or Elements of Grave Threats (First Form) where
definite area. In either case, locality is fixed. the offender attained his purpose:
1. The offender threatens another person with
 Entering a warehouse is covered here. the infliction upon the latter’s person, honor
or property, or upon that of the latter’s family,
of any wrong.
QUALIFIED OTHER FORMS OF
2. Such wrong amounts to a crime.
TRESPASS TO TRESPASS
3. There is a demand for money or that any
DWELLING
other condition is imposed, even though not
Offender is a private Offender can be any unlawful.
person. person, whether 4. The offender attains his purpose.
public officer or
employee or a private Elements of Grave Threats (Third Form) not
person. subject to a condition:
Offender enters a Offender enters a 1. The offender threatens another person with
dwelling. closed premised or the infliction upon the latter’s person, honor,
fenced estate. or property, or upon that of the latter’s family,
The place entered is The place entered is of any wrong.
inhabited. uninhabited. 2. Such wrong amounts to a crime.
The act constituting The act constituting 3. The threat is NOT subject to a condition.
the crime is entering the crime is entering
the dwelling against the closed premises NOTES:
the will of the owner. or the fenced estate  Third form of grave threats must be
without securing the serious and deliberate.
permission of the  In the third form of grave threat, there is
owner or caretaker. no condition imposed or there is no
demand for money. If condition is not
The prohibition to The prohibition to
proved, it is grave threat under Par. 2.
enter is express or enter must be
implied. manifest.
NOTES:
 Although the provision says “infliction upon
ARTICLE 282: the person, honor or property … of any
GRAVE THREATS wrong,” the wrong amounting to a crime
does not only pertain to crimes against
PUNISHABLE ACTS: persons, honor or property.
1. Threatening another with the infliction upon
his person, honor, or property, or that of his  As the crime consists in threatening another
family, of any wrong amounting to a crime with some future harm, it is NOT necessary
and demanding money or imposing any other that the offended party was present at the
condition even though not unlawful, and the time the threats were made.
offender attains his purpose.

205
 It is sufficient that the threats came to the months, if he is
knowledge of the offended party. prosecuted for grave or
less grave felony; or
The crime of grave threats is not exceeding 30 days,
CONSUMMATED as soon as the threats if he is prosecuted for
come to the knowledge of the person light felony.
threatened. It is NOT a distinct It is a distinct penalty.
penalty.
The crime is FRUSTRATED if the threat was
not received by the person being threatened.
ARTICLE 285:
 Threats made in connection with the OTHER LIGHT THREATS
commission of other crimes are absorbed by
the latter. PROHIBITED ACTS:
1. Threatening another with a weapon, or by
 The offender in grave threats does NOT drawing such weapon in a quarrel, unless it
demand the delivery on the spot of the be in lawful self-defense.
money or other personal property demanded
by him. When threats are made and money 2. Orally threatening another, in the heat of
is taken on the spot, the crime may be anger, with some harm constituting a crime,
robbery with intimidation. without persisting in the idea involved in his
threat.
ARTICLE 283:
3. Orally threatening to do another any harm
LIGHT THREATS
not constituting a felony.
ELEMENTS: NOTES:
1. Offender makes a threat to commit a wrong.  Threats which are ordinarily grave threats, if
2. The wrong does NOT constitute a crime.
made in the heat of anger, may be other light
3. There is a demand for money or that other
threats (Reyes, supra., p.626).
condition is imposed even though not
unlawful.
 If the threats are directed to a person who is
4. The offender has attained his purpose or,
absent and uttered in a temporary fit of
that he has not attained his purpose.
anger, offense is only other light threats
(People vs. Fontanilla; February 3, 1934).
NOTE: Blackmailing may be punished under
this article.
ARTICLE 286:
GRAVE COERCION
ARTICLE 284:
BOND FOR GOOD BEHAVIOR
TWO WAYS OF COMMISSION:
1. Preventing another by means of violence,
WHEN REQUIRED:
threats or intimidation, from doing something
 When he threatens another under the
NOT prohibited by law.
circumstances mentioned in Article 282 or in
Article 283.
2. Compelling another, by means of violence,
threats or intimidation, to do something
BOND FOR GOOD BOND TO KEEP against his will, whether it be right or wrong.
BEHAVIOR THE PEACE
It is applicable only It is not made ELEMENTS:
to grave threats and applicable to any 1. A person prevented another from doing
light threats. particular case. something not prohibited by law, or by
If the offender fails If the offender fails to compelling him to do something against his
to give a bail, he give a bond, he shall be will, be it right or wrong.
shall be sentenced detained for a period 2. The prevention or compulsion be effected by
to destierro. not exceeding 6 violence, either material force or such display

206
 of force as would produce intimidation and  Coercion is consummated even if the
control the will of the offended party. offended party did not accede to the purpose
3. The person that restrained the will and liberty of the coercion.
of another had NO authority.
GRAVE COERCION ILLEGAL
AGGRAVATING CIRCUMSTANCES DETENTION
Prision mayor shall be imposed:
The intent to deprive The intent to deprive
1. Where coercion is committed in violation of
the offended party of liberty is present.
the exercise of the right of suffrage;
his liberty is not clear.
2. Where coercion is committed to compel
another to perform any religious act; or
3. Where coercion is committed to prevent GRAVE COERCION MALTREATMENT
another from performing any religious act. OF PRISONERS
If the offended party If the offended party is
NOTES: is not a prisoner, a prisoner, extracting
 In grave coercion, the act of preventing by extracting information information using
force must be made at the time the offended using force and force or intimidation is
party was doing or about to do the act to be intimidation is maltreatment.
prevented. coercion.

If the act was already done when violence is

GRAVE COERCION UNJUST VEXATION
exerted, the crime is unjust vexation.
The act of preventing The act of preventing
 Compelling another to do something includes by force was made at by force was already
the offender’s act of doing it himself while the time the offended done when the
subjecting another to his will. party was doing or violence was exerted.
about to do the act
 When the complainant is in the actual prevented.
possession of a thing, even if he has no right
to that possession, compelling him by means ARTICLE 287:
of violence to give up the possession, even LIGHT COERCIONS
the owner himself, is grave coercion (U.S. v.
Mena; 11 Phil. 543) PUNISHABLE ACTS:
1. Seizure by means of violence or
The owner of a thing has no right to prohibit intimidation by the creditor of anything
the interference of another with the same, if belonging to his debtor for the purpose of
the interference is necessary to avert an applying the same to the payment of debt
imminent danger and the threatened
damage, compared to the damage arising to ELEMENTS: CS – VD – Purpose
the owner from the interference, is much 1. The offender must be a creditor.
greater (Article 432, Civil Code). 2. He seizes anything belonging to his
debtor.
 Then crime is not grave coercion when the 3. The seizure of the thing accomplished by
violence is employed to seize anything means of violence or a display of
belonging to the debtor of the offender. The material force producing intimidation.
crime is only light coercion. 4. The purpose of the offender is to apply
the same to the payment of the debt.
 There is no grave coercion when the
accused acts in good faith in the NOTES:
performance of his duty.  Taking possession of the thing belonging
to the debtor, through deceit and
 A person who takes the law into his hands misrepresentation, for the purpose of
with violence is guilty of grave coercion. applying the same to the payment of the
debt, is unjust vexation under Paragraph
2, Article 287.

207
  Actual physical violence need NOT be laborers or employees to purchase
employed (People vs. Lacdan, C.A., 51 merchandise or commodities of any kind
O.G. 2441). from him or from said firm or corporation.

2. Any other coercions or unjust vexations. 2. Paying the wages due his laborer or
 It includes any human conduct which employee by means of tokens or objects
although not productive of some physical other than the legal tender currency of the
or material harm would, however, Philippines, unless expressly requested by
unjustly annoy or vex an innocent such laborer or employee
person.
ELEMENTS:
 Light coercion under Paragraph 1 would (a) The offender pays the wages due a
be unjust vexation if the third element laborer or employee employed by him by
(employing violence or intimidation) is means of tokens or objects;
absent. (b) Those tokens or objects are other than
the legal tender currency of the
 When the acts of the accused has no Philippines; and
connection with his previous acts of (c) Such employee or laborer does NOT
violence, it is only unjust vexation. expressly request that he be paid by
means of tokens or objects.
UNJUST ESTAFA DAMAGE TO
VEXATION PROPERTY NOTE: Inducing an employee to give up
any part of his wages by force, stealth,
The intention The act is The purpose is intimidation, threat or by any other means
is merely to with intent not to defraud, is unlawful under the Labor Code, not under
cause to gain. but only to the Revised Penal Code.
vexation cause damage
preventing to another. ARTICLE 289:
another to do FORMATION, MAINTENANCE, &
something PROHIBITION OF COMBINATION OF
which the law CAPITAL OR LABOR THROUGH
does not VIOLENCE OR THREATS
prohibit, or
compel him to
ELEMENTS:
execute what
1. The offender employs violence or threats, in
he does not
such a degree as to compel or force the
want.
laborers or employers in the free and legal
exercise of their industry or work.
ARTICLE 288: 2. The purpose is to organize, maintain or
OTHER SIMILAR COERCIONS prevent coalitions of capital or laborers or
lockout of employers.
PROHIBITED ACTS:
1. Forcing or compelling, directly or indirectly, NOTES:
or knowingly permitting the forcing or  The act should NOT be a more serious
compelling of the laborer or employee of the offense.
offender to purchase merchandise or
commodities of any kind from him  Peaceful picketing is part of freedom of
speech and therefore not prohibited but if
ELEMENTS: picketing employs violence or making
(a) The offender is any person, agent or threats, then such is considered coercion.
officer of any association or corporation;
(b) He or such firm or corporation has  Preventing an employee from joining any
employed laborers or employees; and registered labor organization is punished
(c) He forces or compels, directly or under the Labor Code, not under RPC.
indirectly, or knowingly permits to be
forced or compelled, any of his or its

208
 CHAPTER 3: ARTICLE 291:
DISCOVERY AND REVELATION REVEALING SECRETS WITH
OF SECRETS ABUSE OF OFFICE

ARTICLE 290: ELEMENTS:

DISCOVERING SECRETS THROUGH 1. Offender is a manager, employee or servant
SEIZURE OF CORRESPONDENCE 2. He learns the secrets of his principal or
master in such capacity.
3. He reveals such secrets.
ELEMENTS:
1. The offender is a private individual, or even a
NOTE: Damage is NOT necessary.
public officer not in the exercise of his official
function.
2. He seizes the papers or letters of another.
3. The purpose is to discover the secrets of
such other person. ARTICLE 292:
4. The offender is informed of the contents of REVELATION OF INDUSTRIAL SECRETS
the papers or letters seized.
ELEMENTS:
NOTES: 1. The offender is a person in charge,
 “Seize” means to place in the control of employee or workman of a manufacturing or
someone a thing, or to give him the industrial establishment;
possession thereof and accordingly, it is 2. The manufacturing/industrial establishment
NOT necessary that in the act, there should has a secret of the industry which the
be force or violence. offender has learned;
3. The offender reveals such secrets; and
 Prejudice is NOT required. 4. Prejudice is caused to the owner.

NOTES:
 This article is NOT applicable to parents with
 Secrets must relate to manufacturing
respect to their minor children, or to spouses
with respect to each other. processes invented by or for a manufacturer
and used only in his factory or in a limited
QUALIFYING CIRCUMSTANCE: number of them; otherwise, as when such
When the offender reveals the contents of such processes are generally used, they will not
paper or letters of another to a third person, the be secret.
penalty is higher.
 PREJUDICE is an essential element.
DISCOVERING PUBLIC OFFICER
 The revelation of the secret might be made
SECRETS THROUGH REVEALING
after the employee or workman had ceased
SEIZURE OR SECRETS OF A
to be connected with the establishment.
CORRESPONDENCE PRIVATE PERSON
(Article 290) (Article 230)
NOTE: See discussions in the SPL section on –
Private individual Public officer comes (a) Anti-Wiretapping Act (R.A. 4200) and
seizes the papers or to know the secrets (b) Human Security Act (R.A. 9372).
letters of another to of private individual
discover the latter’s by reason of his
secrets. office.
It is not necessary that
there be a secret.
If there was, it is not The public officer
necessary that it be reveals the secret
revealed. without justifiable
means.

209
 TITLE TEN:
CRIMES AGAINST PROPERTY Chapter 5: Culpable Insolvency
314 Fraudulent insolvency
ARTICL CRIME
E Chapter 6: Swindling and Other Deceits
Chapter 1: Robbery In General 315 Swindling (estafa)
293 Robbery 316 Other forms of swindling
294 Robbery with violence against or 317 Swindling a minor
intimidation of persons 318 Other deceits
295 Robbery with physical injuries,
committed in an uninhabited place Chapter 7: Chattel Mortgage
and by a band, or with the use of
firearm on a street, road or alley 319 Removal, sale or pledge of
mortgaged property
297 Attempted and frustrated robbery
committed under certain
circumstances Chapter 8: Arson and Other
Crimes Involving Destructions
298 Execution of deeds by means of
violence or intimidation 320 Destructive arson
299 Robbery in an inhabited house or 321 Other forms of arson
public building or edifice 322 Cases of arson not included in the
devoted to worship preceding articles
300 Robbery in an uninhabited place 323 Arson of property of small value
and by a band 324 Crimes involving destruction
302 Robbery is an uninhabited place or Burning one's own property as
in a private building means to commit arson
303 Robbery of cereals, fruits, or Setting fire to property exclusively
firewood in an uninhabited place or owned by the offender
private building
In cases where death resulted as a
304 Possession of picklocks or consequence of arson
similar tools
305 False keys Chapter 9: Malicious Mischief
327 Malicious mischief; Who are liable
Chapter 2: Brigandage
328 Special cases of malicious
306 Brigandage; Who are brigands mischief
307 Aiding and abetting a 329 Other mischiefs
band of brigands
330 Damage and obstruction to means
of communication
Chapter 3: Theft
331 Destroying or damaging statues,
308 Theft; Who are liable public monuments or paintings
310 Qualified theft
311 Theft of the property of the CHAPTER ONE:
National Library and National ROBBERY IN GENERAL
Museum
ARTICLE 293:
Chapter 4: Usurpation WHO ARE GUILTY OF ROBBERY
312 Occupation of real property or
usurpation of real rights in property ROBBERY
313 Altering boundaries or landmarks It is the taking of personal property belonging to
another, with intent to gain, by means of violence

210
against, or intimidation of any person, or using building, penalty is
force upon anything. based on the value of
the property taken.
CLASSIFICATION OF ROBBERY:
1. Robbery with violence against, or NOTES:
intimidation of persons (Articles 294, 297,  The property taken must be personal.
and 298, RPC); and
2. Robbery by use of force upon things If real property/right is usurped the crime is
(Articles 299 and 302, RPC) usurpation under Article 312.
ELEMENTS OF ROBBERY IN GENERAL: Prohibited articles (e.g. opium, etc.) may be
1. There be personal property (bienes the subject of robbery.
muebles) belonging to another;
2. There is unlawful taking (apoderamiento or BELONGING TO ANOTHER
asportacion) of that property;
 It means that the personal property taken
3. The taking must be with intent to gain
does NOT belong to the offender.
(animus lucrandi); and
4. There is (a) violence against or intimidation
 The person from whom the personal property
of any person, or (b) force upon things.
is taken need NOT be the owner. Possession
of the property is sufficient.
ROBBERY WITH ROBBERY BY USE
VIOLENCE AGAINST OF FORCE  If it is the owner who forcibly takes the
OR INTIMIDATION UPON THINGS personal property from its lawful possessor,
OF PERSONS the crime is estafa under Article 316(3)
The taking is always The taking is only since the former cannot commit robbery on
robbery. robbery, if force is his own property even if he uses violence or
used to: intimidation.
(a) Enter building;
(b) Break doors, NOTES:
wardrobes,  Co-owner or a partner cannot commit
chests or other robbery or theft with respect to co-
kinds of locked ownership or partnership property.
sealed furniture  There is still robbery even if the person is
or receptacles only mere possessor, or even a thief.
inside the
building; or UNLAWFUL TAKING
(c) Force them  “Taking” is depriving the offended party of
open outside possession of the thing taken with the
after taking the character of permanency.
same from the
building.  It is complete when:
Penalty depends on: If committed in an (a) As to robbery with violence or
1. The result of the inhabited house, intimidation – Property must at least be
violence used; and building or edifice in the possession of the offender.
2. The existence of devoted to religion or
intimidation. worship, the penalty (b) As to robbery with force upon things –
is based on: Property must be taken out of the
NOTE: Value of 1. The value of the building.
personal property is thing taken; and
immaterial. 2. Whether or not NOTE: Unlawful taking is complete even
the offenders without the chance to dispose of the same.
carry arms.
INTENT TO GAIN
When committed in
an uninhabited

211
 This is presumed juris tantum from the upon things was also present and employed
unlawful taking of personal property by the offender, the crime should be
(Consulta vs. People; February 12, 2009). categorized and punished under the FIRST
MODE because it is more serious.
 Actual gain is irrelevant. The important
consideration is the intent to gain. BUT, when robbery is under paragraphs 4
and 5 of Article 294, the penalty is lower than
 Absence of intent to gain will make the in Article 299. So, the complex crime should
taking of personal property grave coercion be imputed for the higher penalty to be
under Article 286, if there is violence used. imposed without sacrificing the principle that
robbery with violence against persons is
 The elements of “personal property more severe than that with force upon things
belonging to another” and that of “intent to (Napolis v. Court of Appeals, 1972).
gain” must concur.
USING FORCE UPON THINGS
(a) If the property unlawfully taken turned  The use of force upon things will not make
out to be the property of the accused, the taking of personal property robbery if the
he cannot be held liable for robbery, culprit never entered the house or building.
even if in taking it, the accused used
violence against or intimidation of person  ENTRANCE, as an element
or force upon anything. General Rule: Entrance is necessary.

(b) If he took personal property from Exceptions: It is NOT necessary –

another, believing that it was his own (a) When the robbery is committed by
property, but in reality it belonged to the breaking wardrobes, chests, or any other
offended party, there being no intent to kind of locked or sealed furniture or
gain, he cannot be held liable for receptacle inside an inhabited house, a
robbery, even if the accused used public building or an edifice devoted to
violence against or intimidation of religious worship, OR by taking such
person, or force upon anything. furniture or objects away to be broken or
forced open outside (Article 299(b)); and
NOTE: The claim of ownership must be
in good faith. (b) When the robbery in an uninhabited
building, other than a public building or
VIOLENCE OR INTIMIDATION edifice devoted to religious worship, is
 The violence must be against the person, committed by breaking any wardrobe,
NOT upon the thing taken. chest, or any sealed or closed furniture
or receptacle, OR by removing a closed
 General Rule: It must be present BEFORE or sealed receptacle even if the same be
the taking is complete. broken open elsewhere (Article 302, par.
4 and 5).
Exception: When violence results in
homicide, rape, intentional mutilation, or any ARTICLE 294:
of the serious physical injuries under ROBBERY WITH VIOLENCE AGAINST OR
Paragraphs 1 and 2, Article 263, robbery will INTIMIDATION OF PERSONS
be complexed with any of those crimes even
if the taking was already complete when the PUNISHABLE ACTS:
violence was used by offender. Paragraph 1
1. By reason or on the occasion of robbery, the
NOTE: But, the taking need not be crime of homicide is committed;
immediately after the intimidation (People vs.
Chiong; C.A., 69 O.G. 8671). 2. The robbery is accompanied by rape or
intentional mutilation or arson;
 Where robbery was committed with violence
against or intimidation of persons, and force Paragraph 2

212
3. By reason or on the occasion of robbery, any  Robbery with homicide arises only when
of the physical injuries resulting to insanity, there is a direct relation, an intimate
imbecility, impotence or blindness is connection, between the robbery and killing,
inflicted; even if the killing is prior to, concurrent with,
or subsequent to the robbery.
Paragraph 3
4. By reason or on the occasion of robbery, any (a) Where the original design comprehends
of the physical injuries resulting in the loss of robbery, and homicide is perpetrated by
the use of speech or the power to hear or reason or on occasion of the
smell, or the loss of an eye, a hand, a foot, consummation of the robbery, the crime
an arm, or a leg or the loss of the use of is robbery with homicide.
any of such member or incapacity for the
work in which the injured person is (b) If the original design is not to commit
theretofore habitually engaged is inflicted; robbery, but robbery is committed after
the homicide as an afterthought in the
Paragraph 4 homicide, two distinct and separate
5. The violence or intimidation employed in the offenses – homicide or murder, as the
commission of the robbery is carried to a case may be, and theft – are committed.
degree clearly unnecessary for the
commission of the crime; NOTE: It is still robbery with homicide even if
the death of a person supervened by mere
6. In the course of its execution, the offender accident (People v. Mangulabnan; 99 Phil.
shall have inflicted upon any person NOT 992).
responsible for the commission of the
robbery any of the physical injuries in  Homicide may precede or may occur after
consequence of which the person injured the robbery.
becomes deformed or loses any other
member of his body or loses the use BUT, intent to take personal property
thereof or becomes ill or incapacitated for belonging to another with the intent to
the work in which he is habitually engaged gain must precede the killing, otherwise,
for more than 90 days or the person injured he is guilty of two separate crimes of
becomes ill or incapacitated for labor for homicide or murder, and theft.
more than 30 days; and
The robbery must be the original design and
Paragraph 5 homicide must have been perpetrated with a
7. The violence employed by the offender does view to consummate the robbery (People vs.
not cause any of the physical injuries Torres; June 27, 2001).
defined in Article 263, or if the offender
employs intimidation only.  The homicide need NOT be committed in the
place of robbery.
NOTE: These are special complex crimes.
 The law does NOT require that the person
ROBBERY WITH HOMICIDE killed is the owner.

NOTES:  It is NOT required that the victim of robbery

 The term “homicide” is used in its generic be also the victim of homicide.
sense and includes any kind of killing, and
the name of this special complex crime shall HENCE, the killing of a by-stander or a co-
remain as robbery with homicide. robber is covered.

There is NO such crime as robbery with PERSONS LIABLE:

murder. Where treachery is present, it must (a) Principals
be considered not qualifying but merely as a All those who took part as principals in the
generic aggravating circumstance (People robbery will also be held guilty as principals
vs. Abang; December 29, 1960). of robbery with homicide although they did
not take part in the homicide, UNLESS it

213
 appears that they sought to prevent the  Even if the rape was committed in another
killing (People vs. Escote, Jr.; April 4, 2003). place, it is still robbery with rape.

(b) Accessories  There is NO such crime as robbery with

There is an issue regarding the penalty attempted rape. Both crimes cannot be the
imposable against the accessory. According result of a single act (People vs. Cariaga;
to Article 53, the accessory should suffer the C.A., 54 O.G. 4307).
penalty lower by two degrees than that
prescribed by law. HOWEVER, the special  When the taking of personal property of a
complex crime of robbery with homicide woman is an independent act following
cannot be disintegrated because they are defendant’s failure to consummate the rape,
merged in the composite and integrated there are two distinct crimes committed:
whole punishable with ONE penalty. attempted rape and theft (People v. Buena;
C.A., 52 O.G. 4698).
 Robbery with homicide is different from
highway robbery in that conviction for the  When rape and homicide co-exist in the
latter requires proof that several accused commission of the robbery, rape is
were organized for the purpose of committing considered only as an aggravating
it indiscriminately. circumstance to the crime of robbery with
homicide.
 There are no crimes of:
1. Robbery with attempted or frustrated  Additional rapes or homicides are not
homicide ( considered aggravating. Unless and until a
2. Robbery with homicide and serious law is passed providing that the additional
physical injuries (Robbery with homicide rapes (or homicides) may be considered
absorbs the physical injuries). aggravating, the Court must construe the
3. Robbery with murder penal law in favor of the offender as no
4. Robbery with double homicide person may be brought within its terms if he
5. Robbery with infanticide is not clearly made so by the statute (People
6. Robbery in band with homicide and vs. Sultan; April 27, 2000).
serious/less serious physical injuries.
(The band is merely a generic ROBBERY WITH UNNECESSARY
aggravating circumstance which may be VIOLENCE AND INTIMIDATION
offset by a mitigating circumstance, while
the physical injuries are absorbed).
NOTES:
 The violence need not result in serious
ROBBERY WITH RAPE physical injuries. All that is required is that
the violence be unnecessary for the
NOTES: commission of robbery.
 It is important to determine the primary
objective or intent of the accused.  The serious physical injuries defined in
subdivisions 3 and 4, Article 263, inflicted in
(a) When the main purpose is to commit connection with the robbery, must be inflicted
robbery and rape is also committed, the in the course of its execution.
crime is robbery with rape.
ROBBERY WITH ARSON
(b) When the purpose is to commit rape but
robbery is also committed, there are two
separate crimes of rape and robbery or  R.A. 7659 covers robbery with arson.
theft, as the case may be.
 It is essential that robbery precedes arson.
 Intent to take personal property belonging to
another with the intent to gain must precede  Robbery with arson can only be committed if
the rape. the primordial intent of the offender is to
commit robbery and there is no killing, rape,

214
 or intentional mutilation committed by the The victim is deprived He parts with his
offender during the robbery. of his money or money or property in
property by force or a sense voluntarily.
SIMPLE ROBBERY intimidation.

NOTE: ARTICLE 295:

 Paragraph 5 is known as simple robbery ROBBERY WITH PHYSICAL INJURIES,
because it does NOT result in homicide, COMMITTED IN AN UNINHABITED PLACE, BY
rape, intentional mutilation, or any serious A BAND, OR WITH THE USE OF FIREARM ON
physical injuries under Article 263, which A STREET, ROAD OR ALLEY
may give rise to a special complex crime.
Maximum period of the proper penalties shall be
Examples of robbery with violence or imposed if any of the offenses defined in
intimidation in other cases: subdivisions 3, 4 and 5 of Article 294 is
1. Snatching money from the hands of the committed –
victim and pushing her to prevent her from
recovering the seized property (U.S. vs. 1. In an uninhabited place (despoblado), or
Samonte; 8 Phil. 286); 2. By a band (encuadrilla), or
3. By attacking a moving train, street car,
2. Grabbing pawn ticket from the hands of motor vehicle, or airship, or
another and intimidating him (U.S. vs. 4. By entering the passengers’
Blanco; 10 Phil. 298). compartments in a train, or in any
manner taking the passengers thereof by
ROBBERY THREATS TO surprise in respective conveyances, or
EXTORT MONEY 5. On a street, road, highway or alley and
Intimidation is actual The intimidation is the intimidation is made with the use of
and immediate. conditional or future. firearms, the offender shall be punished
by the maximum periods of the proper
Intimidation is Intimidation may be
penalties prescribed in Article 294.
personal. through an
intermediary.
NOTES:
Intimidation is Intimidation may refer  Any of these qualifying circumstances must
directed only to the to the person, honor, be alleged in the information.
person of the victim. or property of the
offended party or of his  They cannot be offset by a generic mitigating
family. circumstance.
The gain of the Gain of the culprit is
culprit is immediate. not immediate.  Article 295 is NOT applicable to robbery with
homicide, rape, intentional mutilation, and
ROBBERY GRAVE COERCION lesiones graves resulting in insanity,
imbecility, impotency or blindness.
In both, there is violence used by the offender.
There is intent to gain. The element of intent Rules on Despoblado and Encuadrilla:
to gain is not (a) For robbery with violence or intimidation
present. (Article 294), despoblado and encuadrilla
need NOT concur.
ROBBERY BRIBERY
(b) In robbery through force upon things (Article
It is robbery when the It is bribery when the
302), despoblado and encuadrilla have to
victim did not commit victim has committed
CONCUR in order to be considered as and
a crime and he is a crime and gives
have the effect of a special aggravating
intimidated with arrest money or gift to
circumstance.
and/or prosecution to avoid arrest or
deprive him of his prosecution.
(c) If the crime committed is robbery with
personal property.
homicide, rape, mutilation or arson

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 (Paragraph 1), or with physical injuries under If the robbery and assault were committed by
subdivision 1 of Article 263 (Paragraph 2), a band and/or in conspiracy (even if it was
despoblado and encuadrilla will be for robbery alone), all participants are liable.
considered only as a generic aggravating
circumstances. EXCEPTIONS:
(a) The accused prevented or attempted to
 Firearms, licensed or unlicensed, if used on prevent the assault; OR
streets, etc., will become special aggravating (b) The accused is a principal by
circumstances. inducement as to the commission of
robbery, UNLESS he ordered such
NOTE: The intimidation with the use of assault or commission of other crimes.
firearm qualifies ONLY robbery on a street,
road, highway, or alley. ADDITIONAL NOTES:
 Conspiracy is presumed when robbery is
ARTICLE 296: committed by a band.
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF Proof of conspiracy is NOT necessary to hold
a member of the band liable.
When at least four (4) armed malefactors take
part in the commission of a robbery, it is deemed  There is NO crime as robbery with homicide
committed by a band. by a band. The circumstances that it was
committed by a band would be appreciated
NOTE: Article 296 also applies ONLY to robbery as an ordinary aggravating circumstance.
under Paragraphs 3, 4 and 5 of Article 294, and
NOT to robbery with homicide, rape, intentional  In order for the special aggravating
mutilation, arson or the physical injuries in circumstance of unlicensed firearm to be
Paragraph 1, Article 263. appreciated, it is condition sine qua non that
offense charged be robbery by a band under
QUALIFYING CIRCUMSTANCE: Article 295.
When any of the arms used in the commission of
robbery be an unlicensed firearm, the penalty  P.D. No. 1866 penalizes illegal possession of
upon all malefactors shall be the maximum of the firearms in addition to the criminal liability of
corresponding penalty provided by law without accused for robbery by a band.
prejudice to the criminal liability for illegal
possession of firearms. ARTICLE 297:
ATTEMPTED AND FRUSTRATED ROBBERY
LIABILITY OF MEMBERS: COMMITTED UNDER CERTAIN
Any member of the band who was present at the CIRCUMSTANCES
commission of a robbery by the band, shall be
punished as principal for any of the assaults This is a special complex crime: robbery is
committed by the band, UNLESS it be shown attempted or frustrated but homicide is attendant.
that he attempted to prevent the same.
NOTES:
 REQUISITES:  “Homicide” under this article is also used in
1. He was a member of the band. its generic sense.
2. He was present at the commission of a
robbery by that band. However, if the killing legally constituted
3. The other member/s of the band murder or parricide, the offense will continue
committed an assault. to be covered by Article 297 with the
4. He did NOT attempt to prevent the technical name stated therein, but the
assault committed by other members. penalty shall be for murder or parricide
because Article 297 states “unless the
 GENERAL RULE: homicide (killing) committed shall deserve a
higher penalty under this Code.”

216
 The penalty is the same, whether the robbery
is attempted or frustrated UNLESS the killing ROBBERY WITH USE OF
is qualified. FORCE UPON THINGS

 If physical injuries were inflicted on the TWO INSTANCES:

victim, but no intent to kill was proved and 1. Robbery occurred in:
the victim did not die, the liability of the (a) An inhabited house or public building
offender may be as follows: or edifice devoted to religious worship
(Article 299); or
(a) If the physical injuries were by reason of (b) An uninhabited place or in a private
the attempted or frustrated robbery as building (Article 302).
the means for the commission of the
latter, the injuries are absorbed by the 2. If the offender did NOT enter the premises,
latter and the crime shall only be but the offender broke a wardrobe, chest, of
attempted or frustrated robbery. any other kind of locked or sealed furniture or
receptacle in the house or building, OR he
(b) If the physical injuries were inflicted only took it away to be broken or forced open
on the occasion of the aborted robbery outside.
but not employed as a means of
committing the latter, there will be ARTICLE 299:
separate crimes of attempted or ROBBERY IN AN INHABITED HOUSE,
frustrated robbery and physical injuries. PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
(c) If both killing and physical injuries were
committed on that occasion, the crime ELEMENTS (Subdivision A):
will be penalized in accordance with 1. The offender entered:
Article 297 but the physical injuries will (a) An inhabited house;
be absorbed. (b) A public building; or
(c) An edifice devoted to religious worship.
ARTICLE 298: 2. The entrance was effected by any of the
EXECUTION OF DEEDS BY MEANS OF following means:
VIOLENCE OR INTIMIDATION (a) Through an opening not intended for
entrance or egress;
ELEMENTS: In Com – V I (b) By breaking any wall, roof, floor, door,
1. The offender has intent to defraud another. or window;
2. The offender compels him to sign, execute, (c) By using false keys, picklocks or
or deliver any public instrument or document. similar tools; or
3. The compulsion is by means of violence or (d) By using any fictitious name or
intimidation. pretending the exercise of public
authority.
3. That once inside the building, the offender
NOTES: took personal property belonging to
 If the violence resulted in the death of the another with intent to gain.
person to be defrauded, crime is robbery
with homicide and shall be penalized under NOTES:
paragraph 1, Article 294.  There must be evidence that accused
entered the dwelling house or building by any
 Article 298 applies to private or commercial of the means enumerated in subdivision (a).
document, but it does NOT apply if document
is void. In entering the building, there must be the
intent to take personal property.
 When the offended party is under obligation
to sign, execute or deliver the document  Any of the four means described in
under the law, it is NOT robbery but subdivision (a) must be resorted to enter a
coercion.

217
 house or building, NOT to get out, otherwise  The provision punishes more severely the
it is only theft. robbery in a house used as a dwelling than
that committed in an uninhabited place
 The whole body of the culprit must be inside because of the possibility that the inhabitants
the building to constitute entering. in the former might suffer bodily harm during
the robbery.

 “Breaking” means entering the building.  If the locked or sealed receptacle is not
The “force used” in this means must be forced open, crime is estafa or theft.
actual, as distinguished from that in the other
means, which is only constructive force.  The penalty depends on the value of
property taken, and on whether or not
NOTE: Not every physical force exerted by offender carries arms.
the offender is covered by Article 299.
Hence, breaking store windows to steal Liability for carrying arms is extended to all
something but without entry is only theft. those who participated in the robbery,
including those without arms.
 “False keys” are genuine keys stolen from
the owner or any keys other than those ARTICLE 300:
intended for use in the lock forcibly opened ROBBERY IN AN UNINHABITED
by the offender. PLACE AND BY A BAND

The genuine key must be stolen, not taken The two qualifications must concur:
by force or with intimidation, from the owner. (a) Uninhabited place, and
(b) By a band.
If false key is used to open wardrobe or
locked receptacle or drawer or inside door it ROBBERY WITH ROBBERY WITH
is only theft. FORCE UPON VIOLENCE OR
THINGS INTIMIDATION
ELEMENTS (Subdivision B):
1. Offender is inside a dwelling house, public It must be committed It must be committed
building or edifice devoted to religious in an uninhabited in an uninhabited
worship, regardless of the circumstances place AND by a band. place OR by a band.
under which he entered;
2. The offender takes personal property ARTICLE 301:
belonging to another with intent to gain under WHAT IS AN INHABITED HOUSE, PUBLIC
any of the following circumstances: BUILDING OR BUILDING DEDICATED TO
(a) By the breaking of doors, wardrobes, RELIGIOUS WORSHIP AND THEIR
chests, or any other kind of sealed DEPENDENCIES
furniture or receptacle;
(b) By taking such furniture or objects INHABITED HOUSE
away to be broken open outside the It refers to any shelter, ship or vessel constituting
place of the robbery. the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily
NOTES: be absent therefrom when the robbery is
 Entrance into the building by any of the committed.
means mentioned in subdivision (a) is NOT
required in robbery under subdivision (b). PUBLIC BUILDING
It refers to every building owned by the
 The term “door” in Paragraph 1, subdivision Government or belonging to a private person but
(b) of Article 299, refers only to “doors, lids or used or rented by the Government, although
opening sheets” of furniture or other portable temporarily unoccupied by the same.
receptacles, NOT to inside doors of house or
building. DEPENDENCIES

218
It includes all interior courts, corrals, buildings, and NOT in Article 302 which
waterhouses, granaries, barns, coach-houses, involves uninhabited or other places.
stables or other departments or inclosed places
contiguous to the building or edifice, having an  While Article 302 provides for robbery in an
interior entrance connected therewith, and which “uninhabited place,” it actually means an
form part of the whole. “uninhabited house.”

 REQUISITES:  Entrance through an opening not intended

(a) It must be contiguous to the building; for entrance or egress is NOT necessary if
(b) It must have an interior entrance there is breaking of wardrobe, chest, or
connected therewith; sealed or closed furniture or receptacle, or
(c) It must form part of the whole. removal thereof to be broken open
elsewhere.
BUT: Orchards and other lands used for
cultivation or production are NOT included in  ROBBERY IN A “STORE”:
the term “dependencies,” even if closed, (a) Apply Article 299 if the store is used as a
contiguous to the building and having direct dwelling, or if the store is a dependency
connection therewith (Par. 3, Article 301). of an inhabited house with an interior
entrance connected therewith (e.g. store
ARTICLE 302: is on the ground floor of the house
ROBBERY IN AN UNINHABITED PLACE OR belonging to the owner, having an
IN A PRIVATE BUILDING interior entrance connected therewith).

ELEMENTS: (b) Apply Article 302 if the store is not used

1. Offender entered an uninhabited place or a as a dwelling.
(private) building which is not a dwelling
house, not a public building, or not an edifice NOTE: Taking of mail matter as defined in
devoted to religious worship. Articles 294, 295, 297, 299, 300 and 302 shall be
2. The following circumstances are present – punished with penalties under said articles. The
(a) Entrance has been effected through penalty is based on the value of property taken.
an opening not intended for entrance
or egress; ARTICLE 303:
(b) If any wall, roof, flour or outside door ROBBERY OF CEREALS, FRUITS OR
or window has been broken; FIREWOOD IN AN INHABITED PLACE OR
(c) If the entrance has been effected through PRIVATE BUILDING
the use of false keys, picklocks or other
similar tools; The penalty is one degree lower ONLY when
(d) If any door, wardrobe, chest or sealed robbery is committed by use of force upon things,
or closed furniture or receptacle has WITHOUT intimidation or violence against a
been broken; OR person.
(e) If any closed or sealed receptacle has
been removed even if the same to NOTES:
broken open elsewhere.  Cereals are seedlings which are the
3. With intent to gain, the offender took immediate product of the soil.
therefrom personal property belonging to
another.  The “palay” must be kept by the owner as
“seedling” or taken for that purpose by the
NOTES: robbers.
 Same manner of commission as Article 299.
ARTICLE 304:
The only difference between Articles 299 and POSSESSION OF PICKLOCKS
302 is that the use of fictitious name or OR SIMILAR TOOLS
simulation of public authority can be used
only in Article 299 which refers to inhabited
ELEMENTS:

219
1. The offender has in his possession picklocks The main object of the law is to prevent the
or similar tools; formation of band of robbers.
2. Such picklocks or similar tools are specially
adopted to the commission of robbery; and ELEMENTS:
3. The offender does NOT have lawful cause 1. There be at least four (4) armed persons
for such possession. (more than three (3) armed persons);
2. They formed a band of robbers; and
NOTES: 3. The purpose is any of the following:
 Actual use of the picklocks or similar tools is (a) To commit robbery in a highway; or
NOT necessary. (b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
 The liability of the locksmith is higher than (c) To attain by means of force or violence
that of a mere possessor. any other purpose.

ARTICLE 305: HIGHWAY ROBBERY / BRIGANDAGE

FALSE KEYS It refers to (a) the seizure of any person for
ransom, extortion or other unlawful purposes, or
False keys shall be deemed to include: (b) the taking away of the property of another by
1. Tools not mentioned in Article 304; means of violence against or intimidation of
2. Genuine keys stolen from the owner; and person or force upon things of other unlawful
3. Any keys other than those intended by the means, committed by any person on any
owner for use in the lock forcibly opened by Philippine Highway (Sec. 2(e), P.D. 532).
the offender.
PRESUMPTION:
NOTES: All are presumed highway robbers or brigands if
any of them carries unlicensed firearm.
 A “master key” is considered a picklock and
its possession is punishable (People vs.
NOTE: The term “highway” includes city streets.
Lopez; May 20, 1965).

 Possession of false keys in (2) and (3) are BRIGANDAGE ROBBERY BY BAND
NOT punishable. The purpose is any of The purpose commit
the following: robbery and not
 If the key was entrusted to the offender and (a) Commit robbery necessarily in a
he used it to steal, the crime committed is in the highway; highway.
theft, not robbery. (b) Kidnap to extort
or get ransom;
CHAPTER 2: (c) Any other
BRIGANDAGE purpose to be
achieved by
means of force or
NOTE: Anti-Piracy and Anti-Highway Robbery violence.
Law (P.D. 532) modified Articles 306 and 307.
The agreement is to The agreement is to
ARTICLE 306: commit several commit only a
WHO ARE BRIGANDS robberies. particular robbery.
Mere formation of a Conspiracy to commit
BRIGANDAGE band for any of the robbery is NOT
It is committed by more than three (3) armed above purposes is punishable.
persons who form a band of robber for the sufficient.
PURPOSE of committing (a) robbery in the There is no It is necessary to
highway, or (b) kidnapping persons for the requirement that the prove that the band
purpose of extortion or to obtain ransom, or (c) crime is actually actually committed the
for any other purpose to be attained by means committed. robbery.
of force and violence.
ARTICLE 307:
PURPOSE:

220
 AIDING AND ABETTING A
BAND OF BRIGANDS  Unlawful taking consummates theft, even in
the absence of the opportunity to dispose of
ELEMENTS: the personal property taken (Valenzuela vs.
1. There is a band of brigands. People; June 21, 2007 overturning the
2. Offender knows the band to be of brigands. rulings in People v. Diño and People v.
3. The offender does any of the following: Flores).
(a) He in any manner aids, abets or
protects such band of brigands; It does NOT require the taking away or
(b) He gives them information about the carrying away of the thing taken (People vs.
movement of police or other peace Mercado; 65 Phil. 665).
officers of the Government;
(c) He acquires or receives property taken Taking is complete the moment the
by such brigands, or in any manner offender takes possession of the property,
derives any benefit therefrom; OR even if it were more or less momentarily. The
(d) He directly or indirectly abets the offender does NOT have to derive gain or
commission of highway robbery or benefit from the property – it is not an
brigandage. element of theft (People v. Salvilla; April 26,
1990).
NOTES:
 It is presumed that the person performing HENCE: There is no crime of frustrated
any of the acts provided in this article has theft. The offender has either complete
performed them knowingly, UNLESS the control of the property (consummated) or
contrary is proven. without (attempted) (Valenzuela vs. People;
June 21, 2007).
 The offender here shall be considered as an
ACCOMPLICE.  The law requires that the property taken
belongs to another.
CHAPTER THREE:
HENCE:
THEFT (a) He who takes away the property
pledged by him to another without the
ARTICLE 308: latter’s consent does NOT commit theft,
WHO ARE LIABLE FOR THEFT but estafa, for he is the owner thereof.
(b) Selling share of a partner or joint owner
THEFT is NOT theft.
It is committed by any person who, with intent to
gain, but without violence against or intimidation  Intent to gain is presumed from the
of persons or force upon things, shall take unlawful taking.
personal property of another without the latter’s
consent. BUT:
(a) If one takes personal property openly
ELEMENTS: TB In – Without2 and avowedly under claim of title made
1. There be taking of personal property; in good faith, he is NOT guilty of theft,
2. Said property belongs to another; even though claim of ownership is later
3. The taking be done with intent to gain; found to be untenable (People vs.
4. The taking be done without the consent of Lozada; December 21, 1949).
the owner; and
5. The taking be accomplished without the use (b) If a person takes property of another,
of violence against or intimidation of persons believing it to be his own, presumption
or force upon things. of intent to gain is rebutted. Hence, he is
NOT guilty of theft (U.S. vs. Viera; 1 Phil.
NOTES: 584).
 Theft is a formal crime.
 Theft is NOT a continuing offense.

221
 However, actual or real gain is NOT Provided, however, that violence does
necessary in theft. It is enough that on not result in homicide, rape, intentional
taking the property, the offender actuated by mutilation or serious physical injuries
the desire or intent to gain (People vs. defined in Paragraph 1, Article 263.
Mercado; 65 Phil. 665).
Example: Gulinao shot Dr. Chua and
 The personal property subject of the theft left. Then he went back and took Dr.
must have some value, as the intention of Chua’s diamond ring. The crime was
the accused is to gain from the thing stolen. theft and not robbery. Circumstances
This is further bolstered by Article 309, where show that the taking was merely an
the law provides that the penalty to be afterthought. Violence used in killing Dr.
imposed on the accused is dependent on the Chua had no bearing on the taking of the
value of the thing stolen. ring (People v. Gulinao; 1989).

Example: Petitioner unlawfully took the (b) Unless force upon things is employed to
postdated check belonging to Mega Foam, enter a building, the taking of personal
but the same was apparently without value, property belonging to another with intent
as it was subsequently dishonored. Hence, to gain is theft, not robbery, EXCEPT
qualified theft was NOT produced (Jacinto that, it is robbery when a furniture, chest,
vs. People; 2009). or other locked or sealed receptacle is
broken in the house or building, or taken
 Lack of consent does NOT refer to mere lack therefrom to be broken or forced open
of opposition on the part of the owner. outside.

NOTE: Even if the owner knew the taking,  When a person possesses part of recently
but he did not consent to it, the accused is stolen property, he is presumed to be the
still liable for theft (Reyes, supra., p. 739). thief of all UNLESS he has a satisfactory
explanation for his possession.
 In theft, the taking is accomplished without
the use of violence against or intimidation of PERSONS LIABLE FOR THEFT:
persons, or force upon things. 1. Those who (a) with intent to gain, (b)
without violence or intimidation of
ROBBERY THEFT persons nor force upon things, (c) take (d)
personal property of another (e) without
The offender uses The offender does the latter’s consent;
violence or NOT use any
intimidation or violence or 2. Those who (a) having found lost property,
enters a house intimidation or (b) fail to deliver the same to the local
through any of the does NOT enter a authorities or to its owner;
means specified in house through any
Article 299 or Article of the means NOTES:
302. specified in the  Finders of “lost property” have the duty to
said articles. deliver the same to local authorities.
It is necessary that It is sufficient that
there be taking the consent on the (a) Finder in Fact is a person who finds
against the will of part of the owner is a lost item. He has an obligation to
the owner. lacking. deliver the property to the owner if
known, or otherwise surrender the
NOTES: property to the authorities.
(a) When violence is for a reason entirely
foreign to the fact of taking, it is NOT (b) Finder in Law is an officer of the law
robbery, but theft. to whom a lost item is surrendered or
turned over.
If the taking away of personal property is
already consummated when the violence  Lost property embraces loss by stealing
is employed, the crime is only THEFT: or by act of the owner or by a person

222
 other than the owner, or through some taken from fishpond or fishery, it is qualified
casual occurrence. theft under Article 310.

 A person who is found in possession of a THEFT ESTAFA

lost property is in fact presumed to be The crime is theft if When both the
the thief unless he explains his only the physical or material and juridical
possession satisfactorily. material possession possession are
of the thing is transferred,
 The law does NOT require knowledge of transferred. misappropriation of
the owner of the lost property. As long as the property would
the accused knew or had reason to constitute estafa.
know that the property was lost, it was
his duty to turn it over to the authorities, NOTE: Juridical
regardless of whether or not he knew possession is the
who the owner of the lost property was possession which
(People v. Silverio; C.A., 43 O.G. 2205). gives the transferee a
right over the thing
 It is necessary to prove: which the transferee
(a) The time of seizure of the thing; may set up even
(b) That it was a lost property belonging against the owner.
to another; and
(c) That the accused having had the  If possession was only material or
opportunity to return or deliver the physical, the crime is theft.
lost property to its owner or to the  If possession was material and juridical,
local authorities, refrained from doing the crime is estafa.
so.
The following may be the subject of theft:
 Delay in the delivery of the lost property (a) Electricity: This may be subject of either
is immaterial. Article 308 or R.A. 7832 (Anti-Electricity
Pilferage Act of 1994);
 Finder of hidden treasure on the (b) Services: Under the Code of Commerce,
property of another by chance is entitled services are a personal property;
to one-half share (Article 438, NCC). (c) Commercial documents (e.g. Promissory
Notes, etc.): These are things of value; or
If finder misappropriated the share (d) Stolen property: The law does not
pertaining to the owner of the property distinguish.
where the treasure was found, he is (e) Contrabands.
guilty of theft as regards that share
(People vs. Longdew; June 4, 1953). ARTICLE 309:
PENALTIES
3. Those who (a) after having maliciously
damaged the property of another, (b) BASIS FOR PENALTY IN THEFT:
remove or make use of the fruits or 1. The value of the thing stolen;
objects of the damage caused by them; 2. In some cases, the value and the nature of
and the property taken; or
3. The circumstances or causes that impelled
4. Those who (a) enter (b) an enclosed estate the culprit to commit the crime.
or a field where trespass is forbidden or
which belonged to another, and (c) without NOTE: If there is no evidence of the value of the
the consent of the owner (d) hunt or fish property stolen, the court should impose the
upon the same or gather fruits, cereals or minimum penalty corresponding to theft involving
other forest or farm products. the value of P5.00. The court may also take
judicial notice of its value in the proper cases.
NOTE: “Fishing” referred to in this article is
NOT in the fishpond or fishery. If the fish is ARTICLE 310:

223
 QUALIFIED THEFT  To constitute the crime of qualified theft by
taking large cattle, the animal must be
QUALIFYING CIRCUMSTANCES: taken alive. Thus, killing a cow on the spot
Theft is qualified if: where it was found and taking its meat is
D A – Mo Ma La Co Fi – Occ (FETEOAC) simple theft because there was no taking of
1. Committed by a domestic servant; the cow but only its meat.
2. Committed with grave abuse of confidence;
or  Regarding the theft of coconuts and fish,
3. The property stolen is: what matters is not the execution, but the
(a) Motor vehicle; location where it is taken. It should be in the
(b) Mail matter; plantation or in the fishpond.
(c) Large cattle;
(d) Coconut from the premises of a NOTE: See discussion in the SPL section on –
plantation (whether still in the tree or (a) Anti-Carnapping Act (R.A. 6539);
deposited on the ground); or (b) Anti-Cattle Rustling Law (P.D. 533);
(e) Fish from a fishpond or fishery. (c) Law on Illegal Fishing (P.D. 534);
4. The property is taken on the occasion of (d) Law on Highgrading (P.D. 581); and
fire, earthquake, typhoon, volcanic (e) Anti-Fencing Law (P.D. 1612).
eruption, or any other calamity, vehicular
accident or civil disturbance. ARTICLE 311:
THEFT OF PROPERTY OF THE NATIONAL
Penalty: Two degrees higher than those LIBRARY & NATIONAL MUSEUM
specified in the next preceding article.
NOTES:
NOTES:
 Theft of property of the National Museum
 Theft by domestic servant is always
and National Library has a fixed penalty
qualified. There is no need to prove grave regardless of its value.
abuse of discretion.
 BUT, if it was with grave abuse of
 The abuse of confidence must be grave.
confidence, the penalty for qualified theft
There must be allegation in the information shall be imposed.
and proof of a relation, by reason of
dependence, guardianship or vigilance,
between the accused and the offended party CHAPTER 4:
that has created a high degree of confidence USURPATION
between them, which the accused abused.
ARTICLE 312:
 Theft of any material, spare part, product or OCCUPATION OF REAL PROPERTY
article by employees and laborers is OR USURPATION OF REAL
heavily punished under P.D. 133 (1973). RIGHTS IN PROPERTY

 The unlawful taking of motor vehicles is PUNISHABLE ACTS:

now covered by the Anti-Carnapping Act 1. Taking possession of any real property
(R.A. 6539, as amended by R.A. 10883) belonging to another by means of violence
and NOT by the provisions on qualified theft against or intimidation of persons
or robbery. 2. Usurping any real rights in property
belonging to another by means of violence
 If private individual took a letter containing against or intimidation of persons
postal money order it is qualified theft.
ELEMENTS: TU – B – V I - In
If it was the postmaster, to whom the letter 1. The offender takes possession of any real
was delivered, the crime would be infidelity property or usurps any real rights in property;
in the custody of documents. 2. The real property or real rights belong to
another;

224
3. Violence against or intimidation of persons is There is an There is taking or
used by the offender in occupying real occupation or asportacion.
property or usurping real property or usurpation.
usurping real right in property.
4. There is intent to gain.
ARTICLE 313:
ALTERING BOUNDARIES OR LANDMARK
NOTES:
 If there is no violence or intimidation, only
ELEMENTS:
civil liability exists. Violence or intimidation
1. There be boundary marks or monuments
must be the means used in occupying real
of towns, provinces, or estates, or any other
property or in usurping real rights.
marks intended to designate the
boundaries of the same; and
 Criminal action for usurpation of real property
2. The offender alters said boundary marks.
is NOT a bar to civil action for forcible entry.
NOTES:
 If the accused is the owner of the property
 It does NOT require intent to gain.
which he usurped from the possessor, he
 The word “alter” may include:
cannot be held liable for usurpation.
(a) Destruction of stone monument;
(b) Taking it to another place; or
 Considering that this is a crime against
(c) Removing a fence.
property, there must be intent to gain. In the
absence of the intent to gain, the act may
constitute coercion. CHAPTER FIVE:
CULPABLE INSOLVENCY
 R.A. 947 makes it unlawful for any person,
corporation or association to enter or ARTICLE 314:
occupy, through force, intimidation, FRAUDULENT INSOLVENCY
threat, strategy or stealth, any public
agricultural land including such public ELEMENTS: D A P
lands as are granted to private individuals 1. The offender is a debtor;
under the provisions of the Public Land Act 2. He absconds with his property; and
or any other laws providing for the disposal 3. There be prejudice to his creditors.
of public agricultural lands in the Philippines,
and are duly covered by the corresponding NOTES:
applications required for the purpose  If the accused is a merchant, higher penalty
notwithstanding the fact that title thereto still shall be imposed.
remains in the Government; or for any
person, natural or juridical, to instigate,  Actual prejudice, not intention alone, is
induce or force another to commit such acts required.
(Sec. 1, R.A. 947).
 Fraudulent concealment of property is NOT
Article 312 is NOT applicable: sufficient if the debtor has some property
(a) When violence or intimidation took place with which to satisfy his obligation (People v.
subsequent to the entry into property; or Sy Gesiong; 60 Phil. 614).
(b) To a case of open defiance of the writ of
execution issued in the forcible entry case.  The word “abscond” does NOT require that
the debtor should depart and physically
USURPATION THEFT OR conceal his property. Hence, real property
ROBBERY could be the subject matter of Article 314.
Both are committed with intent to gain.
Real property or real Personal property is  The person prejudiced must be a creditor
right over taken. of the offender.
immovable property
is involved. FRAUDULENT INSOLVENCY LAW
INSOLVENCY

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 There is NO need for To be applicable, the delivery of the thing not acceptable to the
insolvency crime should have complainant is NOT estafa.
proceedings. The been committed after
defendant need not be the institution of  Crime may arise even though the obligation
adjudged bankrupt or insolvency is based on an immoral or illegal
insolvent. proceedings. consideration.
Hence, there is NO inconsistency.
 When the fraud committed consists in the
adulteration or mixing of some extraneous
CHAPTER SIX: substance in an article of food so as to lower
SWINDLING AND OTHER DECEITS its quantity, it may be a violation of the Pure
Food Law (see R.A. 3720).
ARTICLE 315:
ESTAFA  Estafa may arise even if thing delivered is
not subject of lawful commerce (e.g. opium,
ELEMENTS OF ESTAFA IN GENERAL: contrabands).
1. The accused defrauded another:
(a) By abuse of confidence; or Paragraph 1(b):
(b) By means of deceit; and Misappropriation and Conversion
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party ELEMENTS:
or third person. 1. Money, goods, or other personal property is
received by the offender in trust, or in
NOTE: Damage or prejudice must be commission, or for administration, or
capable of pecuniary estimation, because it under any other obligation involving the
is the basis of the penalty. duty to make delivery of, or to return, the
same;
PUNISHABLE ACTS OF ESTAFA: 2. There be misappropriation or conversion
1. Estafa with unfaithfulness or abuse of of such money or property by the offender, or
confidence (Article 315, par. 1 (a) (b) (c)) denial on his part of such receipt;
2. Estafa by means of false pretenses and 3. Such misappropriation or conversion or
fraudulent acts (Article 315, par. 2(a) (b) (c) denial is to the prejudice of another; and
(d) (e); and see B.P. 22) 4. There is a demand made by the offended
3. Estafa through other fraudulent means party to the offender.
(Article 315, par. 3 (a) (b) (c)).
NOTES ON THE FIRST ELEMENT:
ESTAFA WITH UNFAITHFULNESS OR  Money, goods or other personal property
ABUSE OF CONFIDENCE must be received by the offender under
certain kinds of transaction transferring
NOTE: Deceit is NOT an essential element of juridical possession to him.
Estafa with abuse of confidence.
NOTE: Juridical possession is that
Paragraph 1(a): right of possession which may be
Altering the substance, quantity or quality of invoked by the transferee, even as
object subject of obligation to deliver against the owner.

ELEMENTS: When what is transferred is ownership, the

1. The offender has an onerous obligation to failure to deliver results in civil liability only.
deliver something of value.
2. He alters its substance, quantity, or quality.  The offender acquires BOTH physical
3. Damage or prejudice is caused to another. possession and juridical possession when
the thing is received by the offender from the
NOTES: offended party:
 When there is no agreement as to the (a) In trust,
quality of the thing to be delivered, the (b) On commission,

226
 (c) For administration, or Demand is NOT necessary when there is
(d) Under any other obligation involving duty evidence of misappropriation of goods by the
to make delivery of, or to return. defendant.

 Criminal liability for estafa is NOT affected by Demand cannot be dispensed with even if:
subsequent novation of contract (a) after (a) The offender cannot be located;
estafa has been consummated or incurred,
OR (b) after criminal information has already BUT, in People vs. Villegas (56 O.G. 11;
been filed. 1938), if the offender is in hiding, it is
clear indication of a premeditated
Novation theory may apply PRIOR to the intention to abscond with the things
filing of the criminal information in court, received and the offender could not have
because up to that time, the original trust complied with the demand even if made,
relation may be converted by the parties into hence demand is not necessary; OR
an ordinary creditor-debtor situation, thereby
placing the complainant in estoppel to insist (b) There was an agreement upon specific
on the original trust. But, AFTER the judicial time for delivery or return of the things
authorities have taken cognizance of the received.
crime and the instituted action, the offended
party may no longer divest the prosecution of In People vs. Librea (48 O.G. 5305), if
its power to exact the criminal liability, as the receipt signed by the accused
distinguished from the civil liability (People stipulated a specified date for the return
vs. Nery; February 5, 1964). of the thing, such specified date is in
itself a demand dispensing with the need
NOTES ON THE SECOND ELEMENT: for subsequent demand to be made.
 Three ways of committing estafa with
abuse of confidence under Par. 1(b):  In estafa by means of deceit, demand is NOT
1. Misappropriation is to take something needed because the offender obtains the
for one’s own benefit. thing wrongfully from the start. BUT, in
estafa with abuse of confidence, the offender
NOTE: The law does not distinguish receives the thing under a lawful transaction.
between temporary and permanent
misappropriations. LIABILITY OF PARTNERS:
 Partners are NOT liable for estafa of money
2. Conversion is to use or dispose of or property received for the partnership when
another’s property as if it is one’s own. the business commenced and the profits
accrued.
NOTE: Conversion presupposes that the
thing has been devoted to a purpose or  Failure of a partner to account for partnership
use different from that agreed upon. funds may give rise to a civil obligation only,
not estafa.
3. Denying that the thing was received.
EXCEPTIONS:
NOTES ON THE THIRD ELEMENT: (a) Misappropriation of the share of
 Prejudice refers to “another” or any third another in the profits is estafa. (People
person, and NOT necessarily to the owner. vs. Clemente; C.A., 65 O.G. 6892).
(b) Misappropriation of money or
 It is NOT necessary that the offender should property received by the partner for
obtain gain. specific purpose is estafa. (People vs.
De La Cruz; September 3, 1924).
NOTES ON THE FOURTH ELEMENT:
 Demand is NOT required by law, but it is  A co-owner is liable if, after the termination of
necessary because failure to account the co-ownership, he misappropriates the
upon demand is circumstantial evidence thing which has become the exclusive
of misappropriation. property of the other.

227
RULE AS TO THE COMMISSION OF AGENT: to the accused, the immediate return
(a) If agent is authorized to retain his misappropriation of the of the thing.
commission out of the amounts he collected, same is estafa.
there is no estafa. Example: Sale of
(b) Otherwise, he is guilty of estafa because his Exception: When the thing received to be
right to commission does not make the agent servant received pledged for owner is
a co-owner of money. money or other theft, when the
personal property from intent to appropriate
There is no estafa in the following cases: the master, with the existed at the time it
1. Transaction sale fails and the accused obligation to deliver it to was received.
refuses to return the advance payment. third person, and
2. The money or personal property received by misappropriated it to
accused is not to be used for a particular the prejudice of the
purpose, or not to be returned. owner, the crime is
3. When the agent sold the thing received on qualified theft.
commission for a lower price than the one
fixed, there is no estafa (U.S. vs. Torres).
Estafa with Abuse of Confidence and
4. Thing was received under a contract of sale
Malversation, Distinguished
on credit.
ESTAFA WITH MALVERSATION
IMPORTANT NOTES: ABUSE OF
 There is NO estafa through negligence. CONFIDENCE
In both crimes, the offenders are entrusted
 The gravity of estafa is determined on the with funds or property.
basis of the amount returned BEFORE the Funds or property are Funds or property
institution of the criminal action. always private. are always public.
Offender is a private Offender is a public
 Criminal intent is essential in estafa.
individual or public officer
officer not accountable for
 Earnest effort to comply with obligation is
accountable for public public funds or
a defense against estafa. (Manahan vs. funds or property. property.
Court of Appeals, 1996).
It is committed by It is committed by
misappropriating, misappropriating or
Estafa with Abuse of Confidence
converting or denying thru abandonment
and Theft, Distinguished
having received money or negligence, or
ESTAFA WITH THEFT or other personal letting other person
ABUSE OF property. to take public funds
CONFIDENCE or property.
Offender receives the Offender takes the There is NO estafa There can be
thing from the offended thing. through negligence. malversation
party. through
In receiving the thing, The offender abandonment or
the offender acquired acquired only the negligence.
both the material material or Both are continuing offenses.
possession and physical
juridical possession. possession, while NOTES:
juridical possession
 When the public officer is acquitted in a
remains with the
prosecution for malversation, the private
offended party.
individual in conspiracy with him may be held
Test to distinguish estafa from theft liable for estafa, depending on the nature of
When the owner does Upon delivery of the the funds.
NOT expect the thing to the
immediate return of offender, the owner  Misappropriation of firearms received by
the thing he delivered expects the a police officer:

228
 (a) It is estafa if it is NOT involved in the  Accused cannot be convicted of estafa
commission of a crime; with abuse of confidence if charged with
(b) It is malversation if it is involved in the estafa by means of deceit.
commission of a crime.
 Knowledge of criminal intent of the principal
Paragraph 1(c): is essential to be convicted as an accomplice
Taking advantage of signature in blank in estafa through falsification of commercial
document. There must be knowing
ELEMENTS: assistance in the execution of the offense.
1. The paper with the signature of the (Abejuela vs. People; 1991).
offended party is in blank.
2. Offended party delivered it to the offender.  In a tenant-landowner relationship, it is
3. Above the signature of the offended party a incumbent upon the tenant to hold in trust
document is written by the offender and, eventually, account for the share in the
without authority to do so. harvest appertaining to the landowner, failing
4. The document so written creates a liability which the tenant could be held liable for
of, or causes damage to, the offended party misappropriation (estafa).
or any third person.
What prevails today, under R.A. 6657, is
ESTAFA BY MEANS OF DECEIT agricultural leasehold tenancy relationship.
… In such a relationship, the tenant’s
GENERAL ELEMENTS: obligation is simply to pay rentals, NOT to
1. There must be a false pretense, fraudulent deliver the landowner’s share.
act, or fraudulent means.
2. Such false pretense, fraudulent act or Given this dispensation, the petitioner’s
fraudulent means must be made or executed allegation that the respondents
prior to or simultaneously with the misappropriated the landowner’s share of the
commission of the fraud. harvest, as contained in the information, is
3. Offended party must have relied on the untenable. Accordingly, the respondents
false pretense, fraudulent act, or fraudulent cannot be held liable under Article 315,
means, that is, he was induced to part with paragraph 4(1)(b) of the Revised Penal Code
his money or property because of the false (People v. Vanzuela, 2008).
pretense, fraudulent act, or fraudulent
means. PUNISHABLE ACTS:
4. As a result thereof, the offended party
suffered damage. Paragraph 2(a):
Using fictitious name or false pretenses at
NOTES: power, influence or other similar deceits
 The acts must be fraudulent. Acts must be
founded on deceit, trick, or cheat, and such Estafa here is committed by:
must be made prior to or simultaneously with 1. By using fictitious name;
the commission of the fraud. 2. By falsely pretending to possess:
(a) Power;
 DECEIT: (b) Influence;
(a) In false pretenses, the deceit consists in (c) Qualifications;
the use of deceitful words. (d) Property;
(b) In fraudulent acts, the deceit consists (e) Credit;
principally in deceitful acts. (f) Agency;
(g) Business; or
 The offender must be able to obtain (h) Imaginary transactions;
something from the offended party because 3. By means of other similar deceits.
of the fraudulent acts.
NOTES:
 For this kind of estafa, it is indispensable that
the deceit (i.e., false statement or fraudulent

229
 representation) of the accused be made It involves the transfer ofIt involves only
prior to or at least simultaneously with the both material or physical material or
delivery of the thing by the complainant. possession and juridical physical
possession. possession.
If there be no such prior or simultaneous
It always involves deceit. It may or may not
deceit, any subsequent act of the accused,
involve deceit.
however fraudulent and suspicious it may
appear, cannot serve as a basis for The complex crime of estafa through theft is
prosecution for the class of estafa. committed when theft is employed as a
necessary means to commit estafa (People
 It is essential that such deceit constitutes the vs. Yusay; 60 Phil. 598).
cause or only motive which induced the
complainant to part with the thing. ESTAFA THROUGH FALSIFICATION
 Example: Any person who falsifies,
 In estafa by means of deceit under Article counterfeit, or imitates the signatures of the
315, par. 2(a), there must be evidence that officials appearing in traffic police stickers is
the pretense of the accused is false. Without liable for estafa thru falsification of a public
such proof, criminal intent to deceive cannot or official document (People vs. Asistio, C.A.,
be inferred. 59 O.G. 8625).

 Fraud must be proved with clear and  Estafa through false pretenses made in
positive evidence. writing is only a simple crime of estafa, NOT
a complex crime of estafa through
ESTAFA BY USING FICTITIOUS NAME falsification.
 Estafa by using fictitious name is present
when a person uses a name other than his Paragraph 2(b):
real name (People v. Yusay; 50 Phil. 598). Altering the quality, fineness or weight of
anything pertaining to art or business
ESTAFA THROUGH FALSE PRETENSES
 Example: A creditor who deceives his debtor NOTES:
is liable for estafa.  Manipulation of scale is punished under the
Revised Administrative Code.
 A person may be convicted of BOTH illegal
recruitment and estafa. The reason Paragraph 2(c): Pretending to have bribed
therefore is not hard to discern – illegal any government employee
recruitment is malum prohibitum, while
estafa is malum in se. In illegal recruitment, NOTE: This is committed by any person would
the criminal intent of the accused is not ask money from another for the alleged purpose
necessary for conviction. In estafa, such of bribing a government employee but just
intent is imperative. pocketed the money.

Petitioner’s claim that she did not represent If he really gives the money to the government
herself as a licensed recruiter, but that she employee, it is corruption of public officer.
merely tried to help the complainants secure
a tourist visa could not make her less guilty Paragraph 2(d): Postdating a check or
of illegal recruitment, it being enough that issuing a bouncing check
she gave the impression of having had the
authority to recruit workers for deployment
ELEMENTS:
abroad. Consequently she is also held liable
1. Offender postdated a check, or issued a
for estafa under Article 315(2)(a)
check in payment of an obligation;
(Lapasaran v. People, 2009).
2. Such postdating or issuing a check was done
when the offender had no funds in the bank,
Estafa by means of deceit vs. Theft or his funds deposited therein were not
ESTAFA BY MEANS THEFT sufficient to cover the amount of the check.
OF DECEIT

230
NOTES: Committed by means of Bouncing Checks)
 Check must be genuine, and not falsified. applies ONLY to estafa under par. 2(d),
(a) If falsified with the use of fictitious name Article 315, and does NOT apply to other
and pretending that it could be cashed, it forms of estafa (People vs. Villaraza; 81
is estafa by false pretense. SCRA 950).
(b) If the falsified check was cashed in the
bank, the crime is estafa through HENCE: The penalty prescribed in P.D. 818,
falsification of commercial document. NOT the penalty provided for in Article 315,
should be imposed when the estafa is
 The check must be postdated or for an covered by par. 2(d), Article 315.
obligation contracted at the time of the
issuance and delivery of the check, and  Payment SUBSEQUENT to the commission
NOT for pre-existing obligation. of estafa does NOT extinguish criminal
liability or reduce the penalty.
 This provision does NOT apply:
(a) When postdated checks are issued and  The crime of estafa is not obliterated by
intended by the parties only as acceptance of promissory note.
promissory notes; or
(b) When check is issued by a guarantor.  A private person who procures a loan by
means of deceit through a falsified public
 The payee or the person receiving the check document of mortgage, but paid the loan
must be prejudiced or damaged. within the period agreed upon, is NOT guilty
of estafa but only falsification of a public
 The accused must be able to obtain document.
something from the offended party by means
of the check he issues and delivers.  Estafa by issuing a bad check is a
continuing crime.
Exception: When the check issued is NOT
“in payment of an obligation.” NOTE: See discussion in the SPL section on the
Bouncing Checks Law (B.P. 22).
 The mere fact that the drawer had insufficient
or no funds in the bank to cover the check at ESTAFA THROUGH OTHER
the time he postdated or issued a check is FRAUDULENT MEANS
sufficient to make him liable for estafa.
Paragraph 3(a): Inducing another, through
 R.A. 4885 (An Act to Amend Sec. 2(d),
deceit, to sign any document
Article 315, RPC) deleted the phrase “the
offender knowing at the time he had no funds
in the bank.” ELEMENTS:
1. Offender induced the offended party to
HENCE: The failure of the drawer to deposit sign a document.
the amount needed to cover his check within 2. Deceit is employed to make him sign the
three (3) days from receipt of notice of document.
dishonor of check for lack or insufficiency of 3. Offended party personally signed the
funds shall be prima facie evidence of deceit. document.
4. Prejudice is caused.
 Good faith is a defense in a charge of
estafa by postdating or issuing a check. NOTES:
 Offender must induce the offended party to
 Stopping payment of check, if without valid sign the document.
reason, is considered as just a pretext by the
accused. Hence, estafa subsists. If offended party is willing from the start to
sign the document, because the contents are
different from those which the offended told
 P.D. 818 (Amending Article 315, RPC by
the accused to state in the document, the
Increasing the Penalties for Estafa
crime is falsification.

231
 DESTROYING MISCHIEF
 There can be no conviction for estafa in the DOCUMENTS
absence of proof that defendant made There is intent to Intent to defraud is
statements tending to mislead complainant. defraud. NOT required.
Paragraph 3(b):
Resorting to some fraudulent practice to ESTAFA BY INFIDELITY IN THE
ensure success in a gambling game REMOVING, CUSTODY OF
CONCEALING OR DOCUMENTS
DESTROYING
Paragraph 3(c): DOCUMENTS
Removing, concealing or destroying any
court record, office files, document or any Similar in the manner of committing the
other papers offense.
Offender is a private Offender is a public
ELEMENTS: person or a public person entrusted
1. There is any court record, office files, person not with the documents.
documents or any other papers; entrusted with
2. Offender removed, concealed or destroyed documents.
any of them; and There is the intent to The intent to defraud
3. Offender had intent to defraud another. defraud. is NOT required.

ARTICLE 316:
OTHER FORMS OF SWINDLING
NOTES: AND DECEITS
 If there is no malicious intent to defraud, the
destruction of court record is malicious
NOTE: There must be actual damage, not
mischief.
merely intent to cause damage, in view of the
basis of the penalty which is the “value of the
 Elements of deceit and abuse of confidence damage caused,” as provided in the provision.
may co-exist in this estafa.
Paragraph 1:
 If there is neither deceit nor abuse of
Conveying, selling, encumbering, or
confidence, it is NOT estafa, even if there is
mortgaging any real property, pretending to
damage. There is only civil liability.
be the owner of the same
ESTAFA BY FALSIFICATION ELEMENTS:
INDUCING 1. The thing is an immovable, such as a parcel
ANOTHER TO SIGN of land or a building.
ANY DOCUMENT 2. Offender who is NOT the owner of said
It involves The offended party property should represent that he is the
misrepresentations as was willing and owner thereof.
to the character of the ready from the 3. Offender should have executed an act of
documents executed. beginning to sign the ownership (e.g., selling, encumbering or
document in the mortgaging the real property).
belief it contained 4. The act was made to the prejudice of the
statements made by owner or a third person.
him, but the offender,
in preparing the NOTES:
document, attributed  The thing disposed of must be real property.
statements different If it is a chattel, crime is estafa.
from those made by
the offended party.  Even if the deceit is practiced against the
second purchaser but damage is incurred
ESTAFA BY MALICIOUS

232
 by the first purchaser, there is violation of (b) Without intent to gain – Grave Coercion.
paragraph 1, Article 316.
 If the owner took the personal property from
Paragraph 2: its lawful possessor without the latter’s
Disposing of real property as free from knowledge and later charged him with the
encumbrance, although such encumbrance value of the property, the crime is THEFT.
be not recorded
If there is intent to charge the bailee with
ELEMENTS: its value, it is ROBBERY (U.S. vs. Albao).
1. The thing disposed of is real property.
2. Offender knew that the real property was Paragraph 4:
encumbered, whether the encumbrance is Executing any fictitious contract to the
recorded or not. prejudice of another
3. There must be express representation by
the offender that the real property is free Example: A person simulates a conveyance of
from encumbrance. his property to another to defraud his creditors.
4. The act of disposing of the real property was
made to the damage of another.  BUT, if the conveyance is real and not
simulated, the crime is fraudulent insolvency.
NOTES:
 The act constituting the offense is disposing Paragraph 5:
of the real property representing that it is free Accepting any compensation for services not
from encumbrance. rendered or for labor not performed

 If personal property is involved, apply ELEMENTS:

Article 319 (removal, sale or pledge of 1. The accused accepted a compensation
mortgaged property). given to him for service not rendered;
2. There is malicious failure to return the
 The offended party must have been compensation wrongfully received (fraud).
deceived (i.e., he would NOT have granted
the loan had he known that the property was NOTES:
already encumbered).  There must be fraud. Otherwise, it will only
be solutio indebiti with civil obligation to
When the loan had already been granted return the wrong payment.
when defendant offered the property as
security for the loan, paragraph 2, Article 316  If the money in payment of a debt was
is NOT applicable. delivered to a wrong person, paragraph 5,
Article 316 is NOT applicable.
Paragraph 3:
Wrongfully taking by the owner of his  In case the person who received it later
personal property from its lawful possessor refused or failed to return it to the owner of
the money, subdivision 1(b), Article 315 is
ELEMENTS: applicable.
1. Offender is the owner of personal property.
2. Said property is in the lawful possession of Paragraph 6:
another. Selling, mortgaging or encumbering real
3. Offender wrongfully takes it from its lawful property or properties with which the
possessor. offender guaranteed the fulfillment of his
4. Prejudice is thereby caused to the lawful obligation as surety
possessor or third person.
ELEMENTS:
NOTES: 1. Offender is a surety in a bond given in a
 Wrongful taking does NOT include the use of criminal or civil action.
violence. If there is violence: 2. He guaranteed the fulfillment of such
(a) With intent to gain – Robbery; or obligation with his real properties.

233
3. He sells, mortgages, or, in any other CHATTEL MORTGAGE
manner encumbers said real property.
4. Such sale, mortgage, or encumbrance is: The object of the Chattel Mortgage Law is to give
(a) Without express authority from court; the necessary sanction to the statute, so that
(b) Made before cancellation of his bond; mortgage debtors may be deterred from violating
or its provisions and mortgage creditors may be
(c) Made before being relieved from the protected against loss of inconvenience from
obligation contracted by him. wrongful removal or sale of mortgaged property.

ARTICLE 317: ARTICLE 319:

SWINDLING A MINOR REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY
ELEMENTS:
1. The offender takes advantage of the PUNISHABLE ACTS:
inexperience or emotions or feelings of a 1. Knowingly removing any personal
minor. property mortgaged under the Chattel
2. He induces such minor to assume an Mortgage Law to any province or city other
obligation, or to give release, or to execute than the one in which it was located at the
a transfer of any property right. time of execution of the mortgage, without
3. The consideration is some loan of money, the written consent of the mortgagee or his
credit, or other personal property. executors, administrators or assigns.
4. The transaction is to the detriment of such
minor. ELEMENTS:
1. Personal property is mortgaged under
NOTES: the Chattel Mortgage Law;
 Actual proof of deceit or misrepresentation is 2. Offender knows such mortgage;
NOT necessary. 3. He removes personal property to any
province or city other than the one in
 Real property is NOT included because only which it was locate at the time of the
money, credit and personal property are execution of the mortgage;
enumerated, and because a minor cannot 4. Removal is permanent; and
convey real property without judicial 5. There is no written consent of
authority. mortgagee, executors, administrators, or
assigns to such removal.
ARTICLE 318:
OTHER DECEITS NOTES:
 The offender need not be the mortgagor.
PUNISHABLE ACTS: It may be “any person.”
1. Defrauding or damaging another by any
other deceit not mentioned in the  The removal of the mortgaged property
preceding articles; and must be coupled with intent to defraud.

2. Interpreting dreams, by making forecasts,  There is no felonious intent if transfer of

telling fortunes, by taking advantage of personal property is due to change of
the credulity of the public in any other residence.
manner, for profit or gain.
 If the mortgagee opted to file for
NOTES: collection, not foreclosure, thereby
 Any other kind of conceivable deceit may abandoning the mortgage as basis for
fall under this article. relief, the removal of property to another
 Damage to the offended party is required. province is NOT a violation of par. 1,
 The deceits in this article include false Article 319.
pretenses and fraudulent acts.

CHAPTER 7:

234
  In estafa, the property involved is real second purchaser.
property. In sale of mortgaged property,
it is personal property.
CHAPTER 8:
2. Selling or pledging personal property ARSON AND OTHER CRIMES
already pledged, or any part thereof, under INVOLVING DESTRUCTION
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee NOTE: Articles 320 to 326-B has been repealed
written on the back of the mortgage and or amended by P.D. 1613, amending the law on
noted on the record thereof in the office of arson.
the register of deeds of the province where
such property is located. ARSON
It is malicious destruction of property by fire.
ELEMENTS:
1. Personal property is pledged under the KINDS OF ARSON:
Chattel Mortgage Law; 1. Simple arson (Sec. 1, P.D. 1613);
2. The offender, who is the mortgagor, 2. Destructive arson (Article 320, as amended
sells or pledges the same property or by R.A. No. 7659); and
any part thereof; and 3. Other cases of arson (Sec. 3, P.D. 1613).
3. There is NO consent of mortgagee (a)
written (b) at the back of the mortgage SIMPLE ARSON
and (c) noted on the record thereof in the
Office of the Register of Deeds. PUNISHABLE ACTS:
1. Burning or setting fire to the property of
NOTES: another;
 Chattel mortgage must be valid and
subsisting. If chattel mortgage does not 2. Setting fire to one’s own property under
contain an affidavit of good faith and is not circumstances which expose to danger the
registered, it is void and cannot be life or property of another.
prosecuted under this Article 319, RPC.
Penalty: Prision mayor
 Damage is NOT essential.
 If damage accrues, it may give rise to estafa ARTICLE 320 (as amended by R.A. 7659):
by means of deceit. DESTRUCTIVE ARSON

REMOVAL, SALE ESTAFA PERSONS LIABLE:

OR PLEDGE OF 1. Any person who shall burn:
MORTGAGED (a) One (1) or more buildings or edifices,
PROPERTY consequent to one single act of burning,
There is the selling of a mortgaged property. or as a result of simultaneous burnings,
committed on several or different
The property involved The property involved occasions.
is a personal is a real property.
property. (b) Any building of public or private
It is committed by the It is committed by ownership, devoted to the public in
mere failure to obtain selling the real general or where people usually
consent of the property mortgaged gather or congregate for a definite
mortgagee in writing, as free, even though purpose, … regardless of whether the
even if the offender the vendor may have offender had knowledge that there are
should inform the obtained the consent persons in said building or edifice at the
purchaser that the of the mortgagee in time it is set on fire and regardless also
thing sold is writing. of whether the building is actually
mortgaged. inhabited or not.
The purpose is to The purpose is to
protect the mortgagee. protect the first and

235
 (c) Any train or locomotive, ship or vessel, 4. Any plantation, farm, pastureland, growing
airship or airplane, devoted to crop, grain field, orchard, bamboo grove or
transportation or conveyance, or for forest;
public use, entertainment or leisure. 5. Any rice mill, sugar mill, cane mill or mill
central; and
(d) Any building, factory, warehouse 6. Any railway or bus station, airport, wharf or
installation and any appurtenances warehouse.
thereto, which are devoted to the
service of public utilities. NOTES:
 If the property burned is an inhabited house
(e) Any building the burning of which is for or dwelling, it is NOT required that the house
the purpose of concealing or be occupied by one or more persons and the
destroying evidence of another offender knew it when the house was
violation of law, or for the purpose of burned.
concealing bankruptcy or defrauding
creditors or to collect from insurance  There is NO complex crime of arson with
(see Sec. 10, R.A. 7659). homicide. If by reason of or on the occasion
of arson death results, the penalty of
(f) Any arsenal, shipyard, storehouse of reclusion perpetua to death shall be
military powder or fireworks factory, imposed. Homicide is absorbed.
ordinance, storehouse, archives or
general museum of the Government. In cases where both burning and death
occur, in order to determine what crime was
(g) Archives or the general museum of the perpetrated it is necessary to ascertain the
government; and main objective of the malefactor.

(h) In an inhabited place, any storehouse If the main objective is:

or factory of inflammable or explosive (a) The burning of edifice but death results
materials. by reason or on occasion of the arson –
the crime is arson.
2. Two (2) or more persons or by a group of (b) To kill a particular person who may be
persons, regardless of whether their in a building or edifice, when the fire is
purpose is merely to burn or destroy the resorted to as the means to accomplish
building or the burning merely constitutes an such goal – the crime is murder.
overt act in the commission or another (c) To kill a particular person and the fire is
violation of law. resorted to as a means to cover up the
killing – there are two separate and
NOTE: If as a consequence of the commission of distinct crimes (People vs. Malngan;
any of the acts penalized under this Article, death September 26, 2006).
results, the mandatory penalty of death shall be
imposed. (But death penalty is prohibited). CONSPIRACY TO COMMIT ARSON
Conspiracy to commit arson is punishable by
Penalty: Reclusion perpetua to death prision mayor in its minimum period (Section 7,
P.D. 1613).
OTHER CASES OF ARSON
Special Aggravating Circumstances in Arson
The penalty of reclusion temporal to reclusion (Section 4, P.D. 1613):
perpetua shall be imposed if the property burned 1. If committed with intent to gain;
is any of the following: 2. If committed for the benefit of another;
3. If the offender is motivated by spite or
1. Any building used as offices of the hatred towards the owner or occupant of the
government or any of its agencies; property burned; or
2. Any inhabited house or dwelling; 4. If committed by a syndicate (NOTE: The
3. Any industrial establishment, shipyard, oil offense is committed by a syndicate if it is
well or mine shaft, platform or tunnel; planned or carried out by a group of three (3)
or more persons).

236
 6. If shortly before the fire, a substantial portion
THREE STAGES OF ARSON of the effects insured and stored in a building
 Arson admits of three stages. or property had been withdrawn from the
 When there is fire, the crime committed is premises except in the ordinary course of
either frustrated or consummated arson, business; or
never attempted.
7. If a demand for money or other valuable
Attempted Arson: A person, intending to consideration was made before the fire in
burn a wooden structure, collects some rags, exchange for the desistance of the offender
soaks them in gasoline and places them or for the safety of the person or property of
beside the wooden wall of the building. When the victim.
he about to light a match to set fire to the
rags, he is discovered by another who Proof of the crime of arson is complete where the
chases him away. evidence establishes:
1. The corpus delicti, i.e., a fire because of
NOTE: In attempted arson, it is not criminal agency; and
necessary that there be a fire. 2. The identity of the defendant as the one
responsible for the crime.
Frustrated Arson: That person is able to
light or set fire to the rags, but the fire was NOTE: In arson, the corpus delicti rule is
put out before any part of the building was satisfied by proof of the bare fact of the fire and
burned. of it having been intentionally caused (Gonzales,
Jr. v. People; February 12, 2007).
Consummated Arson: Before the fire was
put out, it had burned a part of the building. CONFISCATION OF THE OBJECT OF ARSON
The building which is the object of arson
Any of the following circumstances shall including the land on which it is situated shall be
constitute prima facie evidence of arson: confiscated and escheated to the State,
1. If the fire started simultaneously in more than UNLESS the owner thereof can prove that he
one part of the building or establishment; has no participation in nor knowledge of such
arson despite the exercise of due diligence on
2. If substantial amount of flammable his part (Section 8, P.D. 1613).
substances or materials are stored within the
building note necessary in the business of CHAPTER 9:
the offender nor for household us; MALICIOUS MISCHIEF
3. If gasoline, kerosene, petroleum or other
ARTICLE 327:
flammable or combustible substances or
MALICIOUS MISCHIEF
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed ELEMENTS:
to start a fire, or ashes or traces of any of the 1. The offender deliberately caused damage
foregoing are found in the ruins or premises to the property of another;
of the burned building or property; 2. Such act does NOT constitute arson or
other crimes involving destruction, and
4. If the building or property is insured for 3. That the act of damaging another’s property
substantially more than its actual value at the be committed merely for the sake of
time of the issuance of the policy. damaging it.

5. If during the lifetime of the corresponding fire NOTE:

insurance policy more than two fires have  The third element presupposes that the
occurred in the same or other premises offender acted due to hate, revenge, or other
owned or under the control of the offender evil motive.
and/or insured;

237
 Malicious mischief cannot be committed
through negligence because the act of the  When several persons scattered coconut
offender must be deliberate. remnants which contained human excrement
on the stairs and floor of the municipal
 If there is no malice in causing damage, the building, including its interior, the crime
obligation to pay for the damages is only civil committed is malicious mischief under
(Article 2176, NCC). Article 329 (People vs. Dumlao).

 If after damaging the property, the offender ARTICLE 330:

removes or makes use of the fruits or the DAMAGE AND OBSTRUCTION TO
objects of damage, it is THEFT. MEANS OF COMMUNICATION

 The property must be personal property. PUNISHABLE ACT:

Damaging any railway, telegraph or telephone
 Damage means not only loss but also lines
diminution of what is a man’s own. Thus,
damage to another’s house includes NOTE: Telegraph or telephone lines should
defacing it (People vs. Asido). pertain to railways.

ARTICLE 328 QUALIFYING CIRCUMSTANCE:

SPECIAL CASES OF MALICIOUS MISCHIEF The offense is qualified if the damage shall
result in the derailment of cars, collision or
QUALIFIED MALICIOUS MISCHIEF: other accident.
1. Causing damage to or obstructing the
performance of public functions. When death results:
2. Using poisonous or corrosive substances; (a) If there is no intent to kill, the crime is
3. Spreading any infection or contagion “damages to means of communication”
among cattle; and with homicide because of the first
4. Causing damage to the property of the paragraph of Article 4 and Article 48.
National Museum or National Library, or to (b) If there is intent to kill, and damaging the
any archive or registry, waterworks, road, railways was the means to accomplish the
promenade, or any other thing used in criminal purpose, the crime is murder.
common by the public.
ARTICLE 331:
QUALIFIED SEDITION DESTROYING OR DAMAGING STATUTES,
MALICIOUS (Article 139) PUBLIC MONUMENTS OR PAINTINGS
MISCHIEF
PUNISHABLE ACTS:
In both offenses, there is intent to obstruct
1. Destroying or damaging statutes or any
the performance of public functions.
other useful or ornamental public
The element of public The element of monuments; and
and tumultuous public and
uprising is NOT tumultuous 2. Destroying or damaging any useful or
required. uprising is required. ornamental painting of a public nature.

ARTICLE 329: NOTE: The penalty is lower if the thing destroyed

OTHER MISCHIEFS is a public painting, rather than a public
monument
Other mischiefs NOT included in Article 328
are punished based on value of damage caused. CHAPTER TEN:
EXEMPTION FROM CRIMINAL LIABILITY
NOTES: IN CRIMES AGAINST PROPERTY
 If the amount involved cannot be estimated,
the penalty of arresto menor of fine not ARTICLE 332:
exceeding P200 is fixed by law.

238
 PERSON EXEMPT FROM
CRIMINAL LIABILITY

CRIMES INVOLVED:
(a) Theft,
(b) Swindling (estafa), and
(c) Malicious mischief.

PERSONS EXEMPTED:
1. Spouses, ascendants and descendants,
or relatives by affinity on the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
to the possession of another.
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together at the
time of the commission of the crime.
4. Stepfather or stepmother, adopted father
or mother, natural children, common-law
spouse, concubine, and paramour are
included.

NOTES:
 It does NOT apply to strangers participating
in commission of the crime.
 It does NOT apply to robbery or estafa
through falsification.
 There is only civil liability.

239
 TITLE ELEVEN: 1. A woman is married (even if marriage is
CRIMES AGAINST CHASTITY subsequently declared void);
2. She has sexual intercourse with a man not
her husband; and
ARTICLE CRIME 3. As regards the man with whom she has
Chapter 1: Adultery and Concubinage sexual intercourse, he must know her to be
333 Adultery married.
334 Concubinage
PERSONS LIABLE:
Chapter 2: Acts of Lasciviousness 1. The married woman who has sexual
336 Acts of Lasciviousness intercourse with a man not her husband; and
Chapter 3: Seduction, Corruption of Minors 2. The man who, knowing of the marriage of
and White Slave Trade woman, has sexual intercourse with her.
337 Qualified Seduction NOTES:
338 Simple Seduction  Carnal knowledge may be proved by
339 Acts of Lasciviousness with the circumstantial evidence.
Consent of the Offended Party
 Adultery is NOT a continuing offense.
340 Corruption of Minors
341 White Slave Trade A single sexual intercourse consummates
Chapter 4: Abduction the crime of adultery.
342 Forcible Abduction Each sexual intercourse constitutes a
separate crime of adultery even if it involves
343 Consented Abduction the same man.

PRIVATE CRIMES  There is NO crime of frustrated adultery.

These are crimes which cannot be prosecuted
except upon the complaint initiated by the  The offended party must be legally married
offended party. to the offender at the time of the filing of the
complaint. BUT, even if marriage is
The moment the offended party has initiated the subsequently declared void, there is still
criminal complaint, the public prosecutor will take adultery when the adulterous act was
over and continue with the prosecution of the committed BEFORE the marriage is judicially
offender. When the prosecution starts, the crime declared null and void in a final judgment.
already becomes public.
 Acquittal of one of the defendants does NOT
The following are private crimes: operate as a cause of acquittal of the other.
(a) Adultery,
(b) Concubinage,
 There is no accomplice in adultery.
(c) Seduction,
(d) Abduction and
 Only the offended spouse may file an
(e) Acts of lasciviousness.
action. BOTH guilty parties, if alive, must be
included in the complaint.
BUT, not all crimes against chastity are private
crimes. Corruption of minors and white slave
EFFECT OF DEATH
trade are public crimes.
(a) Death of the offended party
It will NOT terminate the proceedings. The
CHAPTER ONE: proceedings must continue. The theory that a
ADULTERY AND CONCUBINAGE man’s honor ceases to exist from the
moment that he dies is not acceptable.
ARTICLE 333:
ADULTERY However, if he dies BEFORE the complaint
is filed, the case cannot go on.
ELEMENTS:

240
(b) Death of the paramour
It will NOT bar prosecution against the NOTES:
unfaithful wife, because the requirement that  Concubinage is a continuous crime.
both offenders should be included in the
complaint is absolute only when the two  Only the offended spouse may file an
offenders are alive. action. BOTH guilty parties, if alive, must be
included in the complaint.
(c) Death of offender spouse
 Conjugal dwelling is the home of the
REQUISITES OF PARDON: husband and wife even if the wife happens to
(a) The pardon must come BEFORE the be temporarily absent on any account,
institution of the criminal prosecution.
(b) BOTH the offenders must be pardoned by  Scandal refers to any reprehensible word or
the offended party. deed that offends public conscience,
redounds to the detriment of feelings of
NOTE: The sexual intercourse between the honest persons, and gives occasion to the
offended spouses and the offending spouse neighbor’s spiritual damage or ruin.
subsequent to adulterous conduct is, at best, an
implied pardon of said adulterous conduct  “Cohabit” means “to dwell together” in the
(People vs. Muquerza; 13 C.A. Rep. 1079). manner of husband and wife for some period
of time, as distinguished from occasional,
MITIGATING CIRCUMSTANCES transient interviews for unlawful intercourse.
1. The wife was abandoned without
justification by her spouse; and He who cohabits with a woman not his wife
2. Sheer necessity, as when a woman was left BEFORE the judicial declaration of nullity of
helpless by her husband (although justified the marriage assumes the risk of being
for it was in response to a duty) and in such prosecuted for concubinage (Beltran vs.
great need that she found herself in the People; June 20, 2000).
predicament of committing adultery for the
sake of her children.  Mistress is a woman who is taken by the
accused into the conjugal dwelling as a
ARTICLE 334: concubine.
CONCUBINAGE
QUESTION:
PUNISHABLE ACTS: May a husband be liable for concubinage and
1. Keeping a mistress in the conjugal dwelling. adultery at the same time for the same act of
2. Having sexual intercourse, under illicit intercourse with the wife of another man?
scandalous circumstances, with a woman
who is not his wife. ANSWER:
3. Cohabitating with her in any other place. YES, as when the husband commits
concubinage with a married woman, provided
ELEMENTS: that his wife and the husband of his mistress file
1. Man must be married. separate cases against him.
2. He committed any of the following acts:
(a) Keeping a mistress in the conjugal
dwelling; CHAPTER TWO:
(b) Having sexual intercourse, under ACTS OF LASCIVIOUSNESS
scandalous circumstances, with a
woman who is not his wife; or TWO KINDS:
(c) Cohabitating with her in any other place. 1. Acts of lasciviousness (Article 336); and
3. As regards the woman, she must know him 2. Acts of lasciviousness with the consent of the
to be married. offended party (Article 339).

PERSONS LIABLE: ARTICLE 336:

1. The married man; and ACTS OF LASCIVIOUSNESS
2. The woman who know him to be married.

241
 intercourse. clearly indicate that
ELEMENTS: his purpose was
1. The offender commits any act of to lie with the
lasciviousness or lewdness. offended party.
2. The act of lasciviousness is committed The lascivious acts The lascivious
against a person of either sex. are themselves the acts are but the
3. It is done under any of the following final objective sought preparatory acts
circumstances: F I D U M A – 12 by the offender. to the commission
(a) By using force or intimidation; of rape.
(b) When the offended party is deprived of
reason or otherwise unconscious;
(c) By means of fraudulent machination or Attempted rape is committed when the
grave abuse of authority; or “touching” of the vagina by the penis is
(d) When the offended party is under 12 coupled with the intent to penetrate;
years of age or is demented. otherwise, there can only be acts of
lasciviousness (People vs. Collado; March 1,
NOTES: 2001).
 This crime is committed when the act
 There can be NO attempted or frustrated
performed with lewd design was perpetrated
under circumstances which would have crime of acts of lasciviousness.
brought about the crime of rape, if sexual
intercourse was effected.  Desistance in the commission of attempted
rape may constitute acts of lasciviousness.
 “Lewd” means obscene, lustful, indecent, or
lecherous. It signifies the form of immorality ARTICLE 339:
which has relation to moral impurity, or that ACTS OF LASCIVIOUSNESS WITH THE
which is carried on a wanton manner. CONSENT OF THE OFFENDED PARTY

 If lewd design cannot be proven, the act ELEMENTS:

would be categorized as unjust vexation. 1. The offender (man) commits acts of
lasciviousness or lewdness.
When the accused merely kissed and 2. Acts are committed upon a woman who is:
embraced the complainant out of passion or (a) Virgin, or
other motive, touching the girl’s breast as a (b) Single, or
mere incident of the embrace, it is unjust (c) Widow of good reputation, or
vexation. But when the accused not only (d) Over 12 and under 18 years of age, or
kissed and embraced the complainant, but (e) Sister or descendant, regardless of her
fondled her breast with the particular design reputation or age.
to independently derive vicarious pleasure 3. The offender accomplishes the acts by
therefrom, the element of lewd designs exist abuse of authority, confidence,
(People vs. Panopio, C.A., 48 O.G. 145). relationship or deceit.

 If there is intent to rape, the crime is NOT NOTES:

“acts of lasciviousness” but attempted rape.  Consented acts of lasciviousness may be
committed by the same person and under
ACTS OF ATTEMPTED the same circumstances as those in
LASCIVIOUSNESS RAPE seduction, simple or qualified.
Manner of commission is the same.  Acts of lasciviousness when performed on a
The offended party in both crimes is a child below 18 years of age, exploited in
person of either sex. prostitution or subjected to other sexual
The performance of acts of lascivious abuse, is punished under R.A. 7610.
character is common to both crimes.
There is no intention The acts performed ACTS OF ACTS OF
to have sexual by the offender LASCIVIOUSNESS LASCIVIOUSNESS

242
 WITH THE NOTE: Here, it is NOT necessary that the
CONSENT OF THE offended party is a virgin. Furthermore, if
OFFENDED PARTY the offended party is a descendant or a sister
of the offender, regardless of her age or
The acts are The acts of
reputation, the crime of qualified seduction
committed under lasciviousness are
is committed.
circumstances which, committed under the
had there been carnal circumstance which,
PERSONS LIABLE:
knowledge, would had there been carnal
1. Those who abused their authority:
amount to rape. knowledge, would
(a) Persons in public authority;
amount to either
(b) Guardian;
qualified seduction
(c) Teacher; or
or simple seduction.
(d) Person who, in any capacity, is
The offended party is The offended party entrusted with the education or
a female or a male. could only be a custody of the woman seduced.
female.
2. Those who abused confidence reposed in
CHAPTER THREE: them:
SEDUCTION, CORRUPTION OF MINORS (a) Priest;
AND WHITE SLAVE TRADE (b) House servant; or
(c) Domestic.
ARTICLE 337: 3. Those who abused their relationship:
QUALIFIED SEDUCTION (c) Brother who seduced his sister; or
(d) Ascendant who seduced his
SEDUCTION descendant.
It is committed by enticing a woman to unlawful
sexual intercourse by promise of marriage or NOTES:
other means of persuasion without use of force.  Virginity does NOT mean physical virginity.
It refers to a woman of chaste character or
ACTS OF QUALIFIED SEDUCTION: virtuous woman of good reputation.
1. Seduction of a virgin over 12 years and
under 18 years of age by certain persons,  It is settled that deceit is NOT an element of
such as, a person in authority, priest, house qualified seduction. It is replaced by the
servant, domestic, guardian, teacher, or any abuse of confidence.
person who, in any capacity shall be
entrusted with the education or custody of  The fact that the girl gave consent to the
the woman seduced.
sexual intercourse is NOT a defense.
ELEMENTS: VOSA
Lack of consent on the part of the girl to the
(a) The offended party (a woman) is a
sexual intercourse is NOT an element.
virgin, which is presumed if she is
unmarried and of good reputation.
 Domestic is a person usually living under
(b) The offended party is over 12 and under
the same roof, pertaining to the same house.
18 years of age.
It includes all those persons residing with the
(c) The offender (man) has sexual
family and who are members of the same
intercourse with the offended party.
household, regardless of the fact that their
(d) There is abuse of authority,
residence may only be temporary or that they
confidence, or relationship on the part
may be paying for their board and lodging.
of the offender.
Domestic is distinct from house servant.
2. Seduction of a sister by her brother, or
descendant by her ascendant, regardless of
 Relationship must be by consanguinity and
her age or reputation.
need not be legitimate.

243
 It is only when the complaint for rape  Any person who shall promote or facilitate
contains allegations for qualified seduction the prostitution or corruption of persons
that the accused may be convicted of the underage to satisfy the lust of another shall
latter in case the prosecution fails to prove be punished by prision mayor; and
the elements of rape (People vs. Antido; 278  If the culprit is a public officer or employee,
SCRA 425). including those in GOCCs, he shall also
suffer the penalty of temporary absolute
ARTICLE 338: disqualification.
SIMPLE SEDUCTION
NOTE: Children, whether male or female, who
ELEMENTS: O – RSW - SD for money, profit or other consideration or due to
1. The offended party is over 12 and under 18 the coercion or influence of any adult syndicate
years of age; or group, indulge in sexual intercourse or
2. The offended party must be of good lascivious conduct are deemed to be children
reputation, single or widow; exploited in prostitution and other sexual
3. Offender has sexual intercourse with her. abuse (Sec. 5, R.A. 7610).
4. It is committed by means of deceit.
NOTES:
NOTE:  A single act of promoting or facilitating the
 Virginity of the victim is NOT required. corruption or prostitution of minor is sufficient
 The purpose of the statute is not to punish to constitute violation.
illicit intercourse, but to punish the seducer
who by means of a promise of marriage  It is NOT necessary that the unchaste acts
destroys the chastity of an unmarried female are consummated. Mere proposal is
of previous chaste character, and who thus sufficient.
draws her aside from the path of virtue.
ARTICLE 341:
 To constitute as seduction, there must be WHITE SLAVE TRADE
some deceitful promise or inducement.
The woman should have yielded because of PUNISHABLE ACTS:
this promise or inducement (People vs. 1. Engaging in the business of prostitution;
Pascua; July 14, 2009). 2. Profiting from prostitution; and
3. Enlisting the service of women for the
A promise of marriage made after the sexual purpose of prostitution.
intercourse had taken place, or after the
woman had yielded her body to the man’s CORRUPTION OF WHITE SLAVE
illicit embraces, cannot be held to have MINORS TRADE
induced the woman to surrender her virtue.
It is essential that Minority need not be
victims are minors. established.
 The offended girl must be over 12 and under
18 years of age. If she is under 12 years of The victims are of Victims are females.
age, the crime is statutory rape, even if the either sex.
offender succeeds in having sexual It may not Generally for profit
intercourse with her through deceit. necessarily be for
profit.
ARTICLE 340: It is committed by a It is generally,
CORRUPTION OF MINORS, as amended by single act. committed
Batas Pambansa Blg. 92 habitually.

It is the act of promoting or facilitating the CHAPTER FOUR:

prostitution or corruption of persons
ABDUCTION
underage to satisfy the lust of another

PERSONS LIABLE: ABDUCTION

244
It is the taking away of a woman from her house
or the place where she may be for the purpose of However, for the crime of kidnapping with
carrying her to another place with the intent to rape, the offender should NOT have taken
marry or to corrupt her. the victim with lewd designs; otherwise, it
would be complex crime of forcible
TWO KINDS: abduction with rape (People vs. Mirandilla;
1. Forcible Abduction (Article 342); and July 27, 2011).
2. Consented Abduction (Article 343).
 Where a minor was abducted by the
ARTICLE 342: accused WITHOUT lewd designs on his
FORCIBLE ABDUCTION part, but the purpose was lending her to illicit
intercourse with others, the crime is not
ELEMENTS: abduction but corruption of minors (U.S.
1. The person abducted is any woman, vs. Tagle; 1 Phil. 626).
regardless of her age, civil status or
reputation.  Conviction of acts of lasciviousness is NOT a
2. The abduction is against her will. bar to conviction of forcible abduction.
3. The abduction is with lewd designs.
ARTICLE 343:
NATURE OF THE CRIME: CONSENTED ABDUCTION
The act of the offender is violative of the
individual liberty of the abducted, her honor and ELEMENTS: V O Co L
reputation, and of public order (U.S. vs. De Vivar; 1. The offended party must be a virgin;
29 Phil. 458). 2. The offended party must be over 12 and
under 18 years of age;
NOTES: 3. The taking away of the offended party must
 When there is deprivation of liberty and no be with her consent after solicitation or
lewd designs, it is kidnapping and serious cajolery from the offender; and
illegal detention. 4. The taking away of the offended party must
be with lewd designs.
 When there is no lewd design and no
deprivation of liberty for an appreciable NOTES:
length of time, the crime is coercion.  The taking of the victim need not have the
character of permanency. No matter how
 Sexual intercourse is NOT necessary. The short is the taking away, the crime exists
intent to seduce a girl is sufficient. (People v. Ingayo; December 10, 1949).

 Attempted rape is absorbed by forcible  The offended party need not be taken from
abduction since the attempted rape her house. It is sufficient that the offender is
constitutes the element of lewd design of the instrumental in her escape (People v.
forcible abduction. Ignacio, October 1941).

 Rape may absorb forcible abduction if the  When there was no solicitation or cajolery
main objective was to rape the victim. and no deceit and the girl voluntarily went
with the man, there is NO crime committed,
Where complainant was forcibly taken away even if they had sexual intercourse.
for the purpose of sexually assaulting her,
then the rape so committed may absorb the  If the offended party is under 12 years old,
forcible abduction (People vs. Napud; the crime is forcible abduction, even if the
September 26, 2001). girl agrees to the elopement.

If there was abduction but the resistance of PURPOSE OF THE LAW:

the woman to the alleged rape was not It prescribes punishment for the disgrace to the
tenacious, the accused would be guilty only girl’s family and the alarm caused therein by the
of abduction (People vs. Lopez).

245
disappearance of the one who is, by her age and  The guardian means legal, not natural
sex, susceptible to cajolery and deceit. guardian, that is, guardian legally appointed
in accordance with the provision of the law.
CHAPTER FIVE:
PROVISIONS RELATIVE TO THE EFFECTS OF PARDON
PRECEDING CHAPTER OF TITLE 11 1. In adultery and concubinage, EXPRESS or
IMPLIED pardon of the offenders by the
offended party is a bar to prosecution,
ARTICLE 344: provided that:
PROSECUTION OF CRIMES OF ADULTERY, (a) Pardon must come BEFORE the
CONCUBINAGE, SEDUCTION, ABDUCTION institution of the criminal action; and
AND ACTS OF LASCIVIOUSNESS (b) BOTH offenders must be pardoned by
the offended party.
1. Adultery and concubinage must be
prosecuted upon complaint signed by the 2. In seduction, abduction, and acts of
offended spouse. lasciviousness, EXPRESS pardon is a bar
to prosecution, provided that:
2. Seduction, abduction, or acts of (a) Pardon in seduction must come
lasciviousness must be prosecuted upon BEFORE the institution of criminal
complaint signed by (in the order in which action.
they are named):
(a) Offended party; NOTES:
(b) Her parents;  Condonation is NOT pardon in
(c) Grandparents; or concubinage or adultery.
(d) Legal guardians.
 Pardon by the offended party who is a minor
EFFECTS OF MARRIAGE must have the concurrence of parents –
 GENERAL RULE: Marriage in good faith of EXCEPT when the offended party has no
the offender with the offended party parents.
extinguishes the criminal action or remits the
penalty already imposed. This benefits the  GENERAL RULE:
co-principals, accomplices and accessories. Pardon must be granted DIRECTLY by the
offended party.
EXCEPTION: In case of rape, marriage
extinguishes the criminal action ONLY Parents, grandparents or guardians cannot
against the principal, but NOT as to the co- validly grant pardon to the offender without
principals, accomplices and accessories. the express pardon of the victim.
NOTE: This rule does NOT apply to parties EXCEPTIONS:
guilty of adultery and concubinage. When the victim is (a) dead or (b)
incapacitated to grant it, her parents,
IMPORTANT NOTES: grandparents or guardian may do so for her
 Rape is now a crime against persons and (U.S. v. Luna; 1 Phil. 360).
thus, it may be prosecuted de officio or upon
complaint of any person.
ARTICLE 345:
CIVIL LIABILITY OF PERSONS GUILTY OF
 The offended party, even if she were a CRIMES AGAINST CHASTITY
minor, has the right to institute the
prosecution for the offenses of seduction,
Civil liability of persons guilty of rape,
abduction, rape or acts of lasciviousness,
seduction, or abduction:
independently of her parents, grandparents
1. To indemnify the offended woman;
or guardian, UNLESS she is incompetent or
2. To acknowledge the offspring, unless the
incapable of doing so upon grounds other
law should prevent him from doing so; and
than her minority.
3. In every case to support the offspring.

246
Civil liability of persons guilty of adultery and  These persons act as accomplices in the
concubinage: commission of these crimes, but they are
1. To indemnify for damages caused to the liable as PRINCIPALS.
offended spouse.
 There can be NO accomplices in the crime
NOTES: of adultery and concubinage.
 There is NO civil liability for acts of
lasciviousness.  In the crime of slight illegal detention under
Article 268, par. 2, an accomplice is also
 Moral damages may be awarded to the punished as a principal.
offended party, and her parents for
seduction, abduction, rape and other NOTE: See discussion in the SPL section on –
lascivious acts (Article 2219, NCC). (a) Anti-Voyeurism Act (R.A. 9995),
(b) Special Protection of Children Act (R.A.
 Only indemnity is possible in adultery and 7610, as amended);
concubinage since acknowledgement of the (c) Anti-Trafficking Act (R.A. 9208);
offspring is NOT legally possible. (d) Anti-Violence against Women and Their
Children Act (R.A. 9262); and
 In rape by multiple offenders, ALL of them (e) Anti Sexual Harrassment Law (R.A. 7877).
must support the offspring. No one may be
made to acknowledge the offspring.

 The offender in a rape case who is married is

no longer prohibited from acknowledging his
offspring because, since the child is
illegitimate, the Family Code automatically
confers parental authority to the mother.
He can only be sentenced to indemnify
the victim and support his offspring. The
amount and terms of support should be
determined after due notice and hearing.

 Only indemnity is allowed in rape of a

married woman. The defendant cannot be
sentenced to acknowledge and support the
offspring.

ARTICLE 346:
LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS
ENTRUSTED WITH THE CUSTODY OF THE
OFFENDED PARTY

Persons who cooperate as accomplices but

are punished as principals in rape, seduction
abduction, etc.:
1. Ascendants;
2. Guardians;
3. Curators;
4. Teachers; and
5. Any other person, who cooperates as
accomplice with the abuse of authority or
confidential relationship.

NOTES:

247
 TITLE TWELVE: on the day of the supposed delivery,
CRIMES AGAINST THE takes the child of another as her own.
CIVIL STATUS OF PERSONS
 The fact that the child will be benefited
by the simulation of birth is NOT a
ARTICLE CRIME defense since it creates a false status to
Chapter 1: Simulation of Births and the detriment of members of family to
Usurpation of Civil Status which the child is introduced.
347 Simulation of births, substitution
of one child for another and  The woman who simulates birth and the
concealment or abandonment of one who furnishes the child are both
a legitimate child responsible as principals.
348 Usurpation of civil status
SUBSTITUTION OF CHILD
Chapter 2: Illegal Marriages  The substitution may be effected by placing a
349 Bigamy live child of a woman in place of a dead one
350 Marriage contracted against of another woman.
provisions of laws
CONCEALING OR ABANDONING ANY
351 Premature marriages LEGITIMATE CHILD
352 Performance of illegal  ELEMENTS:
marriage ceremony 1. The child must be legitimate, fully
developed and a living being;
CHAPTER ONE: 2. The offender conceals or abandons
SIMULATION OF BIRTHS AND such child; and
USURPATION OF CIVIL STATUS 3. The offender has the intent to cause
such child to lose its civil status.
ARTICLE 347: NOTE: The father who sells his child is NOT
SIMULATION OF BIRTHS, SUBSTITUTION OF liable under this article since there is no
ONE CHILD FOR ANOTHER, AND abandonment.
CONCEALMENT OR BANDONMENT OF A
LEGITIMATE CHILD NOTE: A physician or surgeon or public
officer, who cooperates in the execution of any
PUNISHABLE ACTS: of these crimes, is also liable, if he acts in
1. Simulation of births; violation of the duties of his profession or office
2. Substitution of one child for another; and (Article 347, par. 3).
3. Concealing or abandoning any legitimate
child with intent to cause such child to lose ARTICLE 348:
its civil status. USURPATION OF CIVIL STATUS
SIMULATION OF BIRTH This crime is committed when a person
 ELEMENTS: represents himself to be another and
1. The child is baptized or registered in assumes the filiation or the parental or
the Registry as the offender’s. conjugal rights of such another person.
2. The child loses its real status and
acquires a new one. NOTES:
3. The offender’s purpose was to cause  The purpose of defrauding the offended
the loss of any trace as to the child’s true party or his heirs qualifies the crime.
filiation.
 This includes usurpation of profession.
 It is absolutely necessary that there is intent
NOTES:
to enjoy the rights arising from the civil
 It is a crime that must alter the
status of the person impersonated.
person’s civil status. Simulation of birth
takes place when the woman pretends to
be pregnant when in fact she is not, and CHAPTER TWO:

248
 ILLEGAL MARRIAGES
 The accused may be liable for bigamy
ARTICLE 349: although the second marriage is annulled on
BIGAMY the ground of psychological incapacity
(Tenebro vs. CA; February 18, 2004).
ELEMENTS:
 An action for annulment of the second
1. The offender has been legally married;
marriage on the ground that the same was
2. The marriage has not been legally
entered into through force, duress and
dissolved or, in case his or her spouse is
intimidation is a prejudicial question that will
absent, the absent spouse has not yet been
operate to suspend the proceeding for
presumed dead according to Civil Code;
bigamy (Zapanta v. Montesa; Feb. 28, 1962).
3. He contracts a second or subsequent
marriage; and
 There is no prejudicial question where the
4. The second or subsequent marriage has
all the essential requisites for validity. petition is for declaration of nullity of the first
and second marriage so long as the second
NOTES: marriage was contracted BEFORE a judicial
declaration of nullity or of presumptive death
 Bigamy is a public offense and is not a
in an appropriate proceeding (Abunado vs.
private crime. Hence, it can be prosecuted
People; March 30, 2004).
even without the initiative of the offended
party. Any person can institute the complaint.
 The fact that the first marriage is void ab
initio is NOT a defense in bigamy. There is a
 Bigamy is malum in se. Hence, good faith
need for judicial declaration of absolute
and lack of criminal intent are allowed as a
nullity of the first marriage.
complete defense (Morigo vs. People;
February 6, 2004). Honest mistake of fact
The absolute nullity of a previous marriage
is a defense in bigamy, but not mistake of
may be invoked for purposes of remarriage
law (Diego vs. Castillo; August 11, 2004).
on the basis solely of a final judgment
declaring such previous marriage void
 The death of the first spouse during the
(Article 40, Family Code).
pendency of the bigamy case does NOT
extinguish the crime because when the
It is not for the spouses but the court to judge
accused married the second spouse, the first
whether a marriage is void or not.
marriage was still subsisting (People vs.
Reyes, 52 O.G. 1525).
Illustrative Cases where there is no need
for declaration of nullity of marriage:
 A petition for declaration of nullity of the first
marriage is NOT a prejudicial question that
(1) The mere private act of signing a
will operate to suspend the criminal action for
marriage contract bears no semblance to a
bigamy (Mercado vs. Tan; August 1, 2000).
valid marriage and thus, needs no judicial
declaration of nullity. Such act alone, without
 The second marriage must bear all the
more, cannot be deemed to constitute an
elements of a valid marriage except for the
ostensibly valid marriage for which petitioner
existence of a prior valid marriage (Go-
might be held liable for bigamy unless he first
Bangayan vs. Bangayan; July 3, 2013).
secures a judicial declaration of nullity before
he contracts a subsequent marriage (Morigo
 A second marriage contracted while the first vs. People; February 6, 2004).
marriage is not yet dissolved is illegal and
void. Its nullity is not a defense in bigamy (2) Accused contracted a second marriage
(People vs. Aragon; February 17, 1954). during the subsistence of his first marriage.
After the death of his first wife, accused
 A petition for declaration of nullity of the contracted a third marriage during the
second marriage is not a prejudicial question subsistence of the second marriage. The
that will suspend the prosecution for bigamy second wife initiated a complaint for bigamy.
(Te vs. CA; November 29, 2009).

249
 The Court acquitted accused on the ground (a) The requirements of the law are not
that the second marriage is void, having complied with; or
been contracted during the existence of the (b) The marriage was in disregard of a
first marriage. There is no need for a judicial legal impediment.
declaration that said second marriage is void.
Since the second marriage is void, and the QUALIFYING CIRCUMSTANCES:
first one terminated by the death of his wife, Consent is obtained by means of violence,
there are no two subsisting valid marriages. intimidation or fraud.
Hence, there can be no bigamy (See cases:
People vs. Mendoza (1954) and People vs. ARTICLE 351:
Aragon (1957)). PREMATURE MARRIAGES

 Similarly, there must also be a summary NOTE: Premature marriage has already been
proceeding to declare the absent spouse decriminalized by R.A. 10655.
presumptively dead for purpose of
remarriage. Without prejudice to the provisions of the Family
Code on paternity and filiation, Article 351, RPC
 The accused who procures a foreign divorce punishing the crime of premature marriage
and remarries in the Philippines, in the belief committed by a woman, is hereby repealed.
that the foreign divorce was valid, is liable for (Section 1, R.A. 10655).
bigamy (People vs. Schneckenburger;
November 10, 1941). ARTICLE 352:
PERFORMANCE OF ILLEGAL
 The provision for bigamy does NOT apply to MARRIAGE CEREMONY
persons married under the Muslim Code.
PERSONS LIABLE:
 One convicted of bigamy may be prosecuted Any priests or ministers of any religious
for concubinage as both are distinct denomination or sect, or civil authorities who
offenses. However, the second spouse is not shall perform or authorize any illegal marriage
necessarily liable for bigamy. ceremony shall be punished under the
provisions of the Family Code.
 One who falsely vouches for the capacity
of either of the contracting parties knowing NOTE: The offender must be authorized to
that one of the parties is already married is solemnize marriages; otherwise, he is liable
an ACCOMPLICE. under Article 177 (usurpation of authority or
official functions).
 Failure to exercise due diligence to ascertain
the whereabouts of the first wife/husband,
remarriage may result to bigamy through
reckless imprudence.

Causes which may produce the legal

dissolution of the first marriage:
(a) Death of one of the contracting parties;
(b) Judicial declaration of absolute nullity of the
void marriage; and
(c) Judicial decree annulling voidable marriage.

ARTICLE 350:
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS

ELEMENTS:
1. The offender contracted marriage.
2. He knew at the time that:

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 TITLE THIRTEEN:
CRIMES AGAINST HONOR NOTE: Libel may both be a public or private
crime.
Rationale: Every man has a right to build, keep,
To be held liable for Article 353, the following
and be favored with a good name (Manaloto vs.
elements must be shown to exist: A P I M
Veloso; October 6, 2010).
1. The allegation of a discreditable act or
condition concerning another;
ARTICLE CRIME 2. Publication of the charge;
Chapter 1: Libel 3. Identity of the person defamed; and
353 Libel 4. Existence of malice.
355 Libel by means of writing
DEFAMATORY IMPUTATIONS
or similar means
 Any imputation will be sufficient if it tends to
356 Threatening to publish and offer cause dishonor, discredit, or contempt of a
to prevent such publication for a natural or juridical person or to blacken the
compensation memory of one who is dead.
358 Slander
359 Slander by Deed  Insulting words are NOT actionable as libel
or slander per se. Mere words of general
Chapter 2: Incriminatory Machinations abuse however opprobrious, ill-natured, or
363 Incriminating innocent person vexatious, whether written or spoken, do not
364 Intriguing against honor constitute as basis for an action for
defamation in the absence of an allegation
for special damages. The fact that the
CHAPTER ONE: language is offensive to the plaintiff does not
LIBEL make it actionable by itself (Binay vs.
Secretary of Justice; September 8, 2006).
ARTICLE 353:
DEFINITION OF LIBEL  Defamatory remarks directed at a group of
persons are NOT actionable unless the
LIBEL statements are all embracing or sufficiently
It is a public and malicious imputation of a crime, specific for each victim to be identifiable.
or of a vice or defect, real or imaginary, or any
act, omission, condition, status or circumstance Criteria in determining whether statements
tending to cause the dishonor, discredit, or are defamatory:
contempt of a natural or juridical person, or to 1. To determine whether a statement is
blacken the memory of one who is dead. defamatory, the words used are to be
construed in their entirety and should be
DEFAMATION taken in their plain, natural and ordinary
It includes libel or slander. It is the offense of meaning as they would naturally be
injuring a person’s character, fame or reputation understood by persons reading them,
through false and malicious statements (MVRS UNLESS it appears that they were used and
Publications, Inc. vs. Islamic Da’wah Council of understood in another sense (Lopez vs.
the Philippines; January 28, 2003). People; February 14, 2011).

ELEMENTS OF LIBEL: I P Mal Dir T 2. A charge is sufficient if the words are

1. There must be an imputation of a crime, or of calculated to induce the hearers to
a vice or defect, real or imaginary, or any act, suppose and understand that the person or
omission, condition, status or circumstance; persons against whom they were uttered
2. Imputation must be made publicly; were guilty of certain offenses, or are
3. It must be malicious; sufficient to impeach the honesty, virtue or
4. It must be directed at a natural or juridical reputation, or to hold the person or persons
person, or one who is dead; and up to public ridicule (Lopez vs. People;
5. It must tend to cause the dishonor, discredit February 14, 2011).
or contempt of the person defamed.

251
3. Words are construed not only as to the (c) There is justifiable motive for
expression used but also with respect to the making it (Article 354, RPC).
whole scope and apparent object of the
writer (People vs. Encarnacion, C.A., 48 NOTE: Truth is NOT a defense UNLESS
O.G. 1817). it is shown that the matter charged as
libelous was made with good intentions
PUBLICITY (See Article 354) and justifiable motives (Alonzo vs. Court
of Appeals; February 1, 1995).
IDENTIFIABILITY
 Identification of the offended party is ARTICLE 354:
required. He need NOT be named. REQUIREMENT OF PUBLICITY

 It is sufficient that a third person can identify PUBLICATION

him as the object of defamation (Vasquez vs. In the law of libel, it means the making of
Court of Appeals; September 15, 1999). defamatory matter, after it has been written,
known to someone other than the person to
MALICE whom it has been written.
 It connotes ill-will or spite and speaks not in
response to duty but merely to injure the NOTE: Communication of the defamatory matter
reputation of the person defamed to some third person is sufficient.
(Yuchengco vs. Manila Chronicles
Publishing Corp.; November 25, 2009). GENERAL RULE:
Every defamatory imputation is presumed
 KINDS OF MALICE: malicious, even if it be true, if no good intention
1. MALICE IN FACT and justifiable motive for making it is shown.
It is the positive desire to annoy and
injure (Yuchengco v. Manila Chronicles NOTE: However, presumption is REBUTTED
Publishing Corp.; November 25, 2009). if it is shown by the accused that:
(a) Defamatory imputation is true, in case
NOTES: the law allows proof of the truth of the
 It may be shown by extrinsic imputation;
evidence, such as evidence of (b) It is published with good intention; and
rivalry, hatred, grudge, ill-feeling, (c) There is justifiable motive for making it.
spite, ill-will, revenge or desire to
injure the name and reputation of the EXCEPTIONS: Malice is NOT presumed in –
offended party (Sazon vs. Court of 1. Private communication made by any
Appeals; March 29, 1996). person to another in the performance of
any legal, moral or social duty
 Malice in fact must be proved
whenever the defamatory imputation REQUISITES:
appears in a qualified privileged (a) The person who made the
communication. communication had a legal, moral, or
social duty to make the
2. MALICE IN LAW communication OR at least, he had an
This is presumed from a libelous or interest to be upheld;
defamatory imputation. (b) The communication is addressed to an
officer, or a board, or superior, having
However, presumption is REBUTTED if it some interest or duty in the matter; and
is shown by the accused that: (c) Statements in the communication are
(a) Defamatory imputation is true, in made in good faith without malice in fact.
case the law allows proof of the truth
of the imputation; NOTE: The defense of privileged
(b) It is published with good intention; communication will be REJECTED if it is
AND shown by the prosecution or the plaintiff that:
(a) Defendant acted with malice in fact; or

252
 (b) There is no reasonable ground for (a) Writing
believing the charge to be true. (b) Printing
(c) Lithography
2. Fair and true report of official (d) Engraving
proceedings, made in good faith, without (e) Radio
any comments or remarks (f) Phonograph
(g) Painting
REQUISITES: (h) Theatrical
(a) The publication of a report of an official (i) Cinematographic exhibition
proceeding is a fair and true report of a (j) Any similar means
(1) judicial, legislative or other official
proceedings which are not of confidential NOTE: Defamation through amplifiers is NOT
nature, or (2) of any statement, report or libel, but oral defamation (People v. Santiago).
speech delivered in said proceedings, or
(3) of any other act performed by public ARTICLE 356:
officers in the exercise of their functions; THREATENING TO PUBLISH AND OFFER TO
(b) It is made in good faith; and PREVENT SUCH PUBLICATION
(c) It is without any comments or remarks. FOR A COMPENSATION

NOTES: PUNISHABLE ACTS:

 Kinds of Privileged Communication: 1. Threatening another to publish a libel
(a) Absolute – It is not actionable even if concerning him, or his parents, spouse, child
the actor has acted in bad faith; and or other members of his family.

(b) Conditional/Qualified – These, 2. Offering to prevent the publication of such

although containing defamatory libel for compensation or money
imputations, are not actionable UNLESS consideration.
made with malice or bad faith.
NOTE: This is usually known as
 The freedom of speech by public officers “blackmail,” which is unlawful extortion of
cannot be invoked if the utterances are false, money by threats of accusation or exposure.
malicious or unrelated to a public officer’s
performance of his duties or irrelevant to the Blackmail is possible in the crimes of:
matters of public interest involving public 1. Light threats (Article 283); and
figures. 2. Threatening to publish or offering to prevent
the publication of, a libel for compensation
 In a judicial proceeding, a defamatory (Article 356).
imputation is said to be a privileged
communication if the matter alleged in the ARTICLE 357:
course of the proceedings should be PROHIBITED PUBLICATION OF ACTS
legitimately related to the issue or be so REFERRED TO IN THE COURSE OF
pertinent to the controversy that it may OFFICIAL PROCEEDINGS
become the subject of inquiry in the course
of trial. This is referred to as “gag law” because while a
report of an official proceeding is allowed, it bars
 DOCTRINE OF FAIR COMMENT those who would publish therein facts which this
Fair commentaries on matters of public article prohibits, and punishes any violation
interest are privileged and constitute a valid thereof.
defense in an action for libel or slander.
ELEMENTS:
ARTICLE 355: 1. The offender is any reporter, editor, or
LIBEL BY MEANS OF WRITING manager of a newspaper, daily or magazine;
OR SIMILAR MEANS 2. He publishes facts connected with the
private life of another; and
Libel may be committed by means of:

253
3. Such facts are offensive to the honor,
virtue and reputation of said person.
ARTICLE 359:
NOTE: The prohibition to publish applies even if SLANDER BY DEED
such publication be made in connection with or
under the pretext that it is necessary in the This is a crime against honor which is committed
narration of any judicial or administrative by performing any act which casts dishonor,
proceedings wherein such facts have been discredit or contempt upon another person.
mentioned.
ELEMENTS: P P C
ARTICLE 358: 1. The offender performs an act not included
SLANDER/ORAL DEFAMATION in any other crime against honor;
2. Such act is performed in the presence of
SLANDER other persons;
It is an oral defamation or libel committed by oral 3. Such act casts dishonor, discredit, or
or spoken means – the speaking of base and contempt upon the offended party.
defamatory words which tend to prejudice
another in his reputation, office, trade, business KINDS OF SLANDER BY DEED:
or means of livelihood. 1. Simple Slander by Deed: Performance of
an act, not use of words.
KINDS OF SLANDER: 2. Grave Slander by Deed: Serious and
1. Simple Slander; and insulting in nature.
2. Grave Slander, which is of a serious and
insulting nature. Seriousness of slander by deed depends on:
(a) The social standing of the offended party;
Factors determining the gravity of (b) Circumstances surrounding the act; and
slander/oral defamation: (c) The occasion.
1. Expression used;
2. Personal relations of the accused and the NOTES:
offended party; and  Slander may be simple or grave depending
3. Circumstances surrounding the case; and upon the nature of the deed.
4. Social standing or position of the victim.
 The most common examples are slapping
NOTES: someone or spitting on his/her face in front
 Slander need NOT be heard by the offended of the public market, in full view of a crowd,
party. It is sufficient that another person
heard them. thus casting dishonor, discredit, and
contempt upon the person of another.
 Uttering defamatory words in the heat of
anger with some provocation on the part of  Pointing a “dirty finger” constitutes slander
the offended party constitute only a light by deed, it appearing that the act complained
felony (Villanueva v. People; April 10, 2006). of was employed “to express anger or
displeasure” at complainant. While it may
 If the utterances were made publicly and have cast dishonor or contempt upon
were heard by many people and the accused complainant, said act is not of a serious
at the same time pointed his finger at the nature (Villanueva v. People; April 10, 2006).
complainant, oral defamation is committed.

 “Putang ina mo” is an expression of the Crime Description

people (used by Filipino’s in a variety of Slander by Irritation or annoyance with
situations) spoken without intending to Deed attendant publicity and
defame, BUT if this expression is used dishonor or contempt.
alongside other remarks that are clearly
defamatory, prosecution can be made on the Unjust Irritation or annoyance;
basis of those other remarks. Vexation anything that annoys or
irritates without justification.
Acts of Irritation and annoyance with

254
 Lasciviousnes use of force or intimidation, or 2. When the offended party is a government
s through deprivation of reason, employee even if the act or omission
or rendering the offended imputed does not constitute a crime provided
unconscious; or if the it is related to the discharge of his official
offended party was under 12 duties.
years old, together with lewd
designs. NOTE: The proof of truth of the accusation must
be positive direct evidence upon which a
definite finding may be made by the Court.
ARTICLE 360:
PERSONS RESPONSIBLE FOR LIBEL
ARTICLE 362:
LIBELOUS REMARKS
PERSONS LIABLE FOR LIBEL:
1. The person who publishes exhibits or
causes the publication or exhibition of any Libelous remarks or comments, if made with
defamation in writing or similar means. malice in fact, will NOT exempt the editor or the
2. The author or editor of a book or pamphlet. managing editor of the newspaper or the author
3. The editor or business manager of a daily of the criminal liability.
newspaper magazine or serial publication.
4. The owner of the printing plant which CHAPTER TWO:
publishes a libelous article with his consent INCRIMINATING MACHINATIONS
and all other persons who in any way
participate in or have connection with its ARTICLE 363:
publication. INCRIMINATING INNOCENT PERSON

VENUE OF COMPLAINT FOR LIBEL: This is referred to as “planting evidence”.

Criminal and civil actions for damages in case of
written defamations shall be filed simultaneously ELEMENTS:
or separately with the Regional Trial Court of the 1. The offender performs an act;
province or city where: 2. By such act he directly incriminates or
1. The libelous article is printed and first imputes to an innocent person the
published; OR commission of a crime; and
2. Any of the offended parties actually resides 3. Such act does not constitute perjury.
at the time of the commission of the offense.
NOTE: The crime of incriminating machinations
Where one of the offended parties is a public is limited to planting evidence and the like,
officer – (a) If his office is in the city of Manila, which tend directly to cause false prosecution.
the venue is in RTC Manila; otherwise, with the
RTC of the city/province where he held office at
INCRIMINATING PERJURY BY
the time of the offense, OR (b) The city or
INNOCENT MAKING FALSE
province where the article was first published.
PERSON ACCUSATIONS
Where one of the offended parties is a private It is limited to the It is the giving of false
individual, the venue is with the RTC of the city act of planting statement under oath
or province where he actually resides at the time evidence and the or making a false
of the crime of where the article was first printed. like in order to affidavit, imputing to
incriminate an the person the
ARTICLE 361: innocent person commission of a
PROOF OF TRUTH crime.

WHEN PROOF OF TRUTH IS ADMISSIBLE: INCRIMINATING DEFAMATION

1. When the act or omission imputed INNOCENT PERSON
constitutes a crime regardless of whether Offender does not Imputation is
the offended party is a private individual or avail himself of written public and
public officer; and or spoken word in malicious
besmirching the calculated to

255
 victim’s reputation. cause dishonor, alternative penalty for the crime libel under
discredit or Article 355 may still be imposed.
contempt upon the
offended party. Judges may exercise their discretion if the
imposition of fine alone would best serve the
interest of justice or if it would depreciate the
ARTICLE 364:
seriousness of the offense.
INTRIGUING AGAINST HONOR
Subsidiary imprisonment may also be imposed if
This article is committed by any person who the accused is unable to pay.
shall make any intrigue which has for its
principal purpose to blemish the honor or
reputation of another.

INTRIGUING SLANDER
AGAINST HONOR
The source of the Offender made the
defamatory utterance where the
utterance is source of the
unknown and the defamatory nature of
offender simply the utterance is
repeats or passes known, and the
the same without offender makes a
subscribing to the republication thereof,
truth. even though he
repeats the libelous
statement as coming
from another, as long
as source is
identified.

INTRIGUING INCRIMINATING AN
AGAINST HONOR INNOCENT PERSON
The offender The offender
resorts to gossip performs an act that
for the purpose of would incriminate or
disparaging the impute to an innocent
honor and person the
reputation of commission of a
another. crime.

RE: GUIDELINES IN THE OBSERVANCE OF A

RULE OF PREFERENCE IN THE IMPOSITION
OF PENALTIES IN LIBEL CASES
(A.C. No. 08-2000)

PREFERENCE ON IMPOSITION OF FINE

Article 355, RPC imposes prision correccional in
its minimum and medium period, or a fine from
P200 to P6000, or both.

All courts and judges are tasked to take note of

the preference of the Supreme Court on
imposition of fines, but imprisonment as an

256
 TITLE FOURTEEN: SIMPLE IMPRUDENCE
QUASI-OFFENSES It is the lack of precaution displayed in those
cases in which the damage impending to be
caused is not immediate or danger is not clearly
SOLE CHAPTER: manifest.
CRIMINAL NEGLIGENCE
ELEMENTS OF SIMPLE IMPRUDENCE:
ARTICLE 365: 1. There is lack of precaution on the part of
IMPRUDENCE AND NEGLIGENCE the offender;
2. The damage impending to be caused is
IMPRUDENCE not immediate or the danger is not clearly
It indicates a deficiency of action. manifest.

NEGLIGENCE TEST OF NEGLIGENCE:

It indicates a deficiency of perception. Would a prudent man, in the position of the
person to whom negligence is attributed, foresee
WAYS OF COMMISSION: harm to the person injured as a reasonable
1. Committing through reckless imprudence any consequence of the course about to be pursued?
act which, had it been intentional, would
constitute a grave or less grave a felony. If so, the law imposes a duty on the actor to
2. Causing damage to the property of refrain from the course or to take necessary
another through reckless imprudence or precaution against its mischievous results.
simple imprudence or negligence. Failure to do so constitutes negligence.
3. Causing through simple imprudence or
negligence some wrong which, if done QUALIFYING CIRCUMSTANCE:
maliciously, would have constituted a light Offender fails to lend help to the injured parties.
felony.

RECKLESS IMPRUDENCE
It consists in voluntarily, but without malice, dong
of failing to do an act from which material
damage results by reason of inexcusable lack of
precaution on the part of the person performing
or failing to perform an act, taking into
consideration his employment or occupation,
degree of intelligence, physical condition and
other circumstances regarding persons, time and
place.

ELEMENTS OF RECKLESS IMPRUDENCE:

1. The offender does or fails to do an act;
2. The doing of or the failure to do the act is
voluntary;
3. It be without malice;
4. Material damage results;
5. There is inexcusable lack of precaution on
the part of the person performing or failing to
perform such act taking into consideration:
(a) Employment or occupation;
(b) Degree of intelligence, physical
condition; and
(c) Other circumstances regarding persons,
time and place.

257
SPECIAL PENAL
LAWS

258
259
 SPECIAL PENAL LAWS
condition of the offender, and available
PROBATION LAW institutional and community resources.
(P.D. 968, as amended)
GRANT OF PROBATION (Section 4):
PROBATION The trial court may, after it shall have convicted
It is a disposition under which a defendant, after and sentenced a defendant for a probationable
conviction and sentence, is released subject to penalty and upon application by said defendant
conditions imposed by the court and to the within the period for perfecting an appeal,
supervision of a probation officer. suspend the execution of the sentence and
place the defendant on probation for such period
 Probationer and upon such terms and conditions as it may
It is a person placed on probation deem best. (Sec. 4, as amended).

 Probation Officer RULE:

It is one who investigates for the court a No application for probation shall be entertained
referral for probation or supervises a or granted if the defendant has perfected the
probationer or both. appeal from the judgment of conviction.

NOTE: Probation is NOT an absolute right. It is EXCEPTION:

a mere privilege whose grant rests upon the When a judgment of conviction imposing a non-
discretion of the trial court. Its grant is subject to probationable penalty is appealed or reviewed,
certain terms and conditions that may be and such judgment is modified through the
imposed by the trial court. It follows that the trial imposition of a probationable penalty, the
court also has the power to order its revocation defendant shall be allowed to apply for probation
in a proper case and under proper based on the modified decision BEFORE such
circumstances. decision becomes final (Sec. 4, as amended by
R.A. 10707).
PURPOSES (Section 2):
(a) To promote the correction and rehabilitation BUT: The accused shall lose the benefit of
of an offender by providing him with probation should he seek a review of the
individualized treatment; modified decision which already imposes a
(b) To provide an opportunity for the reformation probationable penalty.
of a penitent offender, which might be less
probable if he were to serve a prison NOTES:
sentence; and  The application for probation based on the
(c) To prevent the commission of offenses. modified decision shall be filed in the trial
court where the judgment of conviction
APPLICATION FOR PROBATION: imposing a non-probationable penalty was
It shall be filed with the trial court, with notice to rendered, or in the trial court where such
the appellate court if an appeal has been taken case has since been re-raffled.
from the sentence of conviction.
 In a case involving several defendants
The filing of the application shall be deemed a where some have taken further appeal, the
waiver of the right to appeal, or the automatic other defendants may apply for probation by
withdrawal of a pending appeal (Section 4). submitting a written application and
attaching thereto a certified true copy of the
CRITERIA (Section 8): judgment of conviction.
In determining whether an offender may be
placed on probation, the court shall consider all  The trial court shall, upon receipt of the
information relative to the character, application filed, suspend the execution of
antecedents, environment, mental and physical the sentence imposed in the judgment.

ADDITIONAL NOTES:

260
 Probation may be granted whether the (d) Undergo medical,
sentence imposes a term of imprisonment or psychological or
a fine only. psychiatric
examination and
 The filing of the application shall be deemed treatment and enter
a waiver of the right to appeal. and remain in a
specified institution,
 An order granting or denying probation shall when required for that
NOT be appealable. purpose;

 Accessory penalties are deemed suspended (e) Pursue a

once probation is granted. prescribed secular
study or vocational
 The convict is NOT immediately placed on training;
probation. No person shall be placed on
probation except upon prior investigation by (f) Attend or reside in
the probation officer and a determination by a facility established
the court that the ends of justice and the for instruction,
best interest of the public as well as that of recreation or
the defendant will be served thereby residence of persons
(Section 5). on probation;

CONDITIONS OF PROBATION (Section 10): (g) Refrain from

visiting houses of ill-
MANDATORY DISCRETIONARY repute;
Once violated, the These are additional (h) Abstain from
probation is conditions which the drinking intoxicating
cancelled. court may impose for beverages to excess;
the probationer’s
correction and (i) Permit to probation
rehabilitation outside officer or an
prison. The authorized social
enumeration in worker to visit his
Section 10 is NOT home and place or
exclusive. work;
The probationer shall: The court may also
require the (j) Reside at premises
(a) Present himself to probationer to: approved by it and
the probation officer not to change his
designated to (a) Cooperate with a residence without its
undertake his program of prior written approval;
supervision at such supervision; or
place as may be
specified in the order (b) Meet his family (k) Satisfy any other
within seventy-two responsibilities; condition related to
hours from receipt of the rehabilitation of
said order; (c) Devote himself to the defendant and not
a specific unduly restrictive of
(b) Report to the employment and not his liberty or
probation officer at to change said incompatible with his
least once a month at employment without freedom of
such time and place the prior written conscience.
as specified by said approval of the
officer. probation officer; GROUNDS FOR DENIAL OF PROBATION

261
(a) The offender is in need of correctional The probationer, once arrested and detained,
treatment that can be provided most shall immediately be brought before the court for
effectively by his commitment to an a hearing, which may be informal and summary,
institution; of the violation charged.
(b) There is undue risk that during the period of
probation the offender will commit another The defendant may be admitted to bail pending
crime; or such hearing.
(c) Probation will depreciate the seriousness of
the offense committed If the violation is established, the court may
revoke or continue his probation and modify the
DISQUALIFIED OFFENDERS: conditions thereof. If revoked, the court shall
1. Those sentenced to serve a maximum term order the probationer to serve the sentence
of imprisonment of more than six (6) years; originally imposed. An order revoking the grant
2. Those convicted of any crime against the of probation or modifying the terms and
national security; conditions thereof shall not be appealable.
3. Those who have previously been convicted
by final judgment of an offense punished by TERMINATION OF PROBATION (Sec. 16):
imprisonment of more than 6 months and 1 After the period of probation and upon
day and/or a fine of more than P1,000.00; consideration of the report and recommendation
4. Those who have been once on probation of the probation officer, the court may order the
under the provisions of this Decree; and final discharge of the probationer upon finding
5. Those who are already serving sentence at that he has fulfilled the terms and conditions of
the time the substantive provisions of this his probation and thereupon the case is deemed
Decree became applicable pursuant to terminated.
Section 33 hereof (Section 9, as amended
by R.A. 10707); The final discharge of the probationer shall
6. Those who appealed (BUT take note of the operate to restore to him all civil rights lost or
proviso supplied by R.A. 10707) (This does suspended as a result of his conviction and to
NOT apply to minor offenders. A child in totally extinguish his criminal liability as to the
conflict with law can apply for probation offense for which probation was granted.
anytime);
7. Those convicted of drug trafficking or drug The probationer and the probation officer shall
pushing (Section 24, R.A. 9165); and each be furnished with a copy of such order.
8. Those convicted of election offenses under
the Omnibus Election Code. NOTE: The probation is NOT coterminous with
its period. There must be an order issued by the
PERIOD OF PROBATION (Section 14): court discharging the probationer.
(a) For those sentenced to a term of
imprisonment of not more than one year, PROBATION LAW IS LAW
period shall not exceed two (2) years, and
As to the sentence of the offender
(b) In all other cases, said period shall not
exceed six (6) years. Sentence must not Sentence must be
(c) When the sentence imposes a fine only and be more than 6 more than one year.
the offender is made to serve subsidiary years.
imprisonment in case of insolvency, the As to penalty imposed
period of probation shall not be less than nor Probation may be It is applicable if
to be more than twice the total number of granted whether the penalty is
days of subsidiary imprisonment as sentence imposes a imprisonment only.
computed at the rate established, in Article term of imprisonment
39, RPC. or a fine.
ARREST OF PROBATIONER (Section 15): As to effect on the penalty
At any time during probation, the court may Sentence is Minimum of the term
issue a warrant for the arrest of a probationer for suspended. is to be served.
violation of any of the conditions of probation. As to the effect of violation of terms

262
Entire sentence shall The unexpired portion
be served. is to be served.
As to the effect of appeal by offender
Appeal forecloses Appeal has no effect
the right to probation. on the operation of
ISLaw.

263
 INDETERMINATE SENTENCE LAW (a) The maximum term must not exceed the
(Act No. 4103) maximum term fixed by said law.

The Indeterminate Sentence Law (ISLaw) (b) The minimum term must not be less
applies to both violations of the Revised Penal than the minimum term prescribed by
Code and special laws, and is based on the the same.
penalty actually imposed.
NOTE: For special laws, it is anything within
This is applied only when the penalty served is the inclusive range of the prescribed
imprisonment. If not by imprisonment, ISLaw penalty. Courts are given discretion in the
does NOT apply. imposition of the indeterminate penalty. The
aggravating and mitigating circumstances
PURPOSE are not considered unless the special law
This is to uplift and redeem valuable human adopts the same terminology for penalties
material, and prevent unnecessary and as those used in the RPC (such as reclusion
excessive deprivation of personal liberty and perpetua and the like).
economic usefulness (People vs. Ducosin;
December 14, 1933). COVERAGE
IS Law shall NOT apply to following persons:
APPLICATION 1. Those convicted of offenses punished with
NOTE: Indeterminate sentence is mandatory death penalty or life imprisonment;
where imprisonment would exceed one year. 2. Those convicted of treason, conspiracy or
proposal to commit treason;
1. When the crime is punished by the RPC, 3. Those convicted of misprision of treason,
the ISLaw will be applied as follows: rebellion, sedition or espionage;
4. Those convicted of piracy;
(a) The maximum term is that which could 5. Habitual delinquents;
be properly imposed under the RPC, 6. Those who escaped from confinement or
considering the aggravating and evaded sentence;
mitigating circumstances 7. Those who violated the terms of conditional
pardon to them by the Chief Executive;
NOTE: The maximum term of the 8. Those whose maximum term of
indeterminate penalty is determined in imprisonment does not exceed one year;
any case punishable under RPC in 9. Those who, upon the approval of the law,
accordance with RPC rules and have been sentenced by final judgment; and
provisions exactly as if ISLaw has never 10. Those sentenced with the penalty of
been enacted. destierro or suspension only (Section 2).

(b) The minimum term is within the range of NOTE: A recidivist may be given the benefit of
the penalty one degree lower than that the law (People vs. Yu Lian; 40 O.G. 4205).
prescribed by the RPC, without
considering the circumstances. PAROLE

(c) When there is a privileged circumstance Parole consists in the suspension of the
so that the penalty has to be lowered by sentence of a convict after serving the minimum
one degree, the starting point for term of indeterminate penalty, without granting a
determining the minimum term of the pardon, prescribing the terms upon which the
indeterminate penalty is the penalty next sentence shall be suspended.
lower than that prescribed by the RPC
for the offense. NOTE: Conviction is not necessary to revoke
parole. The mere commission, not conviction by
2. When the crime is punished by a special the court, of any crime is sufficient to warrant the
law, this is how ISLaw will apply: parolee’s arrest.

RELEASE OF PRISONER ON PAROLE

264
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on
him, provided that:
(a) Such prisoner is fitted by his training for
release;
(b) There is reasonable probability that he will
live and remain at liberty without violating
the law; and
(c) Such release will not be incompatible with
the welfare of society(Section 5).

NOTE: It shall be the duty of the Board of

Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who
shall be eligible to parole and to determine the
proper time of release of such prisoners
(Section 5).

NOTE: Even if the prisoner has already served

the minimum penalty, but he is not fitted for
release on parole, he shall continue to serve
until the end of the maximum term.

FINAL RELEASE AND DISCHARGE

The Board may issue a final certification in the
paroled prisoner’s favor for his final release and
discharge where during the period of
surveillance such paroled prisoner shall (a)
show himself to be a law-abiding citizen; and (b)
not violate any law (Section 6).

SANCTION FOR VIOLATION OF THE

CONDITIONS OF PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole, the Board may issue
an order for his arrest, and thereafter, the
prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison (Section 8).

265
 OBSTRUCTION OF JUSTICE LAW 6. Making, presenting or using any record,
(Presidential Decree No. 1829) document, paper or object with knowledge
of its falsity and with intent to affect the
NOTE: This law penalizes obstruction of course or outcome of the investigation of, or
apprehension and prosecution of criminal official proceedings in, criminal cases;
offenders.
7. Soliciting, accepting, or agreeing to accept
PURPOSE OF THE LAW any benefit in consideration of abstaining
It is to discourage public indifference or apathy from, discounting, or impeding the
towards the apprehension and prosecution of prosecution of a criminal offender;
criminal offenders.
8. Threatening directly or indirectly another
PUNISHABLE ACTS with the infliction of any wrong upon his
The law penalizes any person who knowingly or person, honor or property or that of any
willfully obstructs, impedes, frustrates or delays immediate member or members of his family
the apprehension of suspects and the in order to prevent such person from
investigation and prosecution of criminal cases appearing in the investigation of, or official
by committing any of the following acts: proceedings in, criminal cases, or imposing
a condition, whether lawful or unlawful, in
1. Preventing witnesses from testifying in any order to prevent a person from appearing in
criminal proceeding or from reporting the the investigation of or in official proceedings
commission of any offense or the identity of in, criminal cases;
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force 9. Giving of false or fabricated information to
or threats; mislead or prevent the law enforcement
agencies from apprehending the offender or
2. Altering, destroying, suppressing or from protecting the life or property of the
concealing any paper, record, document, or victim; or fabricating information from the
object, with intent to impair its verity, data gathered in confidence by investigating
authenticity, legibility, availability, or authorities for purposes of background
admissibility as evidence in any investigation information and not for publication and
of or official proceedings in, criminal cases, publishing or disseminating the same to
or to be used in the investigation of, or mislead the investigator or to the court.
official proceedings in, criminal cases;
PENALTIES
3. Harboring or concealing, or facilitating the The penalty of prision correccional in its
escape of, any person he knows, or has maximum period, or a fine ranging from P1,000
reasonable ground to believe or suspect, to P6,000, or both is imposed.
has committed any offense under existing
penal laws in order to prevent his arrest NOTE: If any of the acts mentioned herein is
prosecution and conviction; penalized by any other law with a higher penalty,
the higher penalty shall be imposed.
4. Publicly using a fictitious name for the
purpose of concealing a crime, evading ADDITIONAL NOTES:
prosecution or the execution of a judgment,  Obstruction of justice may be committed by
or concealing his true name and other any person whether a public officer or a
personal circumstances for the same private citizen, and accordingly public office
purpose or purposes; is NOT an essential element of the offense.
(Soller vs. Sandiganbayan; May 9, 2001).
5. Delaying the prosecution of criminal cases
by obstructing the service of process or  There is no obstruction of justice where the
court orders or disturbing proceedings in the arrest prevented is illegal. (Amurao, supra.,
fiscal's offices, in tanodbayan, or in the p. 763 citing Posadas vs. Ombudsman;
courts; September 29, 2000).

266
 Failure on the part of the arresting officer to
arrest the person of the accused makes the
latter a fugitive from justice and is not
equivalent to a commission of another
offense of obstruction of justice. (Judge
Adoracion vs. Gaite; November 25, 2009).

 The petitioner is presently charged with

having violated Section 1(c), P.D. 1829. The
petitioner is also now facing charges of
rebellion in conspiracy with the fugitive Col.
Gringo Honasan. Necessarily, being in
conspiracy with Honasan, petitioners alleged
act of harboring or concealing was for no
other purpose but in furtherance of the crime
of rebellion thus constitute a component
thereof. It cannot therefore be made the
basis of a separate charge (Enrile vs. Amin;
September 13, 1990).

P.D. 1829 Article 20, RPC

It penalizes any It is based on ties of
person who knowingly blood and the
or willfully obstructs, preservation of the
impedes, frustrates or cleanliness of one’s
delays the name which compels
apprehension of one to conceal
suspects and the crimes committed by
investigation and relatives so near as
prosecution of those mentioned in
criminal cases. this article.

267
 ANTI-HEINOUS CRIMES LAW EXCEPTIONS:
(Republic Act No. 7659) (a) When the guilty person is below 18 years of
age at the time of the commission of the
HEINOUS CRIMES crime, or is more than 70 years of age;
These are grievous, odious, and hateful (b) When upon appeal or automatic review of
offenses and which, by reason of their inherent the case by the Supreme Court, the required
or manifest wickedness, viciousness, atrocity majority vote is not obtained for the
and perversity are repugnant and outrageous to imposition of the death penalty, in which
the common standards and norms of decency cases the penalty shall be reclusion
and morality in a just, civilized and ordered perpetua; and
society. (c) When the trial court imposes the death
penalty, the case goes to the Supreme
Crimes punishable by reclusion perpetua to Court en banc for automatic review and
death: judgment.
1. Treason (Article 114, RPC);
2. Qualified piracy (Article 123, RPC); AN ACT PROHIBITING THE IMPOSITION OF
3. Qualified bribery (Article 211-A, RPC); DEATH PENALTY IN THE PHILIPPINES
4. Parricide (Article 246, RPC); (Republic Act No. 9346)
5. Murder (Article 248, RPC);
Basis: This is for justice because the State has
6. Infanticide (Article 255, RPC); an existence of its own to maintain, a
conscience to assert and moral principles to be
EXCEPT: vindicated. Penal justice rests primarily on the
(a) If committed by the mother of the child moral rightfulness of the punishment imposed.
for the purpose of concealing her (Gregorio, Fundamentals of Criminal Law,
dishonor – penalty is prision mayor in its Gregorio, 2008 ed., p. 232).
medium and maximum periods.
(b) If committed for the same purpose by In lieu of the death penalty, the following shall be
the maternal grandparents or either of imposed:
them – penalty is reclusion temporal.
(a) The penalty of reclusion perpetua when the
7. Kidnapping and serious illegal detention law violated makes use of the nomenclature
(Article 267, RPC); of the penalties of the Revised Penal Code;
8. Robbery with violence against or intimidation (b) The penalty of life imprisonment, when the
of persons (Article 294, RPC); law violated does not make use of the
9. Destructive arson (Article 320, RPC); nomenclature of the penalties of the RPC.
10. Rape (Article 266-A, RPC); (Sec. 2, R.A. 9346).
11. Plunder (Sec. 2, R.A. 7080);
12. Sections 4, 5, 6, 8, 11, 16, 19, 27, and 29 of NOTE: Persons convicted of offenses punished
Comprehensive Dangerous Drugs Act; with reclusion perpetua or whose sentences will
13. Carnapping, where the owner, driver or be reduced to reclusion perpetua by reason of
occupant is killed or raped in the course of R.A. 9346 shall NOT be eligible for parole under
the commission of the carnapping or in the the Indeterminate Sentence Law.
occasion thereof (Sec. 14, R.A. 6539).

PLEA BARGAINING NOT AVAILABLE

Any person charged under any provision of this
Act where the imposable penalty is reclusion
perpetua to death shall NOT be allowed to avail
of the provision on plea bargaining.

IMPOSITION OF DEATH PENALTY

The death penalty shall be imposed in all cases
in which it must be imposed under existing laws.

268
 ANTI-PIRACY AND between and connecting each of the islands
ANTI-HIGHWAY ROBBERY LAW of the Philippine Archipelago, irrespective of
(Presidential Decree No. 532) its depth, breadth, length or dimension, and
all other waters belonging to the Philippines
In 1974, P.D. 532 was enacted punishing piracy by historic or legal title, including territorial
committed in internal waters or Philippine sea, the sea-bed, the insular shelves, and
waters, but NOT mutiny. other submarine areas over which the
Philippines has sovereignty or jurisdiction
P.D 532 was superseded by R.A. 7659 (Section 2(a)).
punishing piracy as well as mutiny.
QUALIFYING CIRCUMSTANCES:
PIRACY (a) Physical injuries or other crimes are
committed as a result or on the occasion of
piracy.
PUNISHABLE ACTS: (b) Rape, murder or homicide is committed as a
1. Piracy in Philippine waters; result or on occasion of piracy, or
2. Highway robbery or brigandage; and (c) When offenders abandoned the victims
3. Aiding or abetting piracy. without means of saving themselves, or
(d) When the seizure is accomplished by firing
PUNISHABLE ACTS OF PIRACY: upon or boarding a vessel.
1. Any attack upon or seizure of any vessel
2. Taking away of the whole or part thereof or
its cargo, equipment, or the personal HIGHWAY ROBBERY/BRIGANDAGE
belongings of its complement or
passengers, irrespective of value. It is the seizure of any person for ransom,
extortion or other unlawful purposes, or the
ELEMENTS OF PIRACY: taking away of the property of another by means
1. The vessel is in the Philippine waters; of violence against or intimidation of person or
2. The offender is any person, including a force upon things of other unlawful means,
passenger or member of the complement of committed by any person on any Philippine
said vessel; Highway.
3. The offender –
(a) Attacks or seizes any vessel; or PUNISHABLE ACTS OF HIGHWAY ROBBERY
(b) Takes away of the whole or part thereof OR BRIGANDAGE:
or its cargo, equipment, or the personal 1. Seizure of any person for ransom, extortion
belongings of its complement or or other unlawful purpose; or
passengers, irrespective of the value 2. Taking away of the property of another by
thereof means of violence against or intimidation of
4. The offender commits such acts by means persons, or force upon things, or other
of violence against or intimidation of persons unlawful means.
or force upon things (Sec. 2(d)).
NOTE:
NOTE:  Philippine Highway
 Offenders shall be considered as “pirates.” It refers to any road, street, passage,
highway and bridges or other parts thereof,
 Vessel or railway or railroad within the Philippines
It means any vessel or watercraft used for used by persons, or vehicles, or locomotives
transport of passengers and cargo from one or trains for the movement or circulation of
place to another through Philippine Waters. persons or transportation of goods, articles,
It shall include all kinds and types of vessels or property or both (Section 2(c), P.D. 532).
or boats used in fishing (Section 2(b), P.D.
532). AIDING OR ABETTING PIRACY

 Philippine Waters PUNISHABLE ACTS:

They refer to all bodies of water, such as but 1. Knowingly and in any manner aiding or
not limited to seas, gulfs, bays around, protecting pirates, such as giving them

269
 information about the movement of police or
other peace officers of the government, or
2. Acquiring or receiving property taken by
such pirates or in any manner derives any
benefit therefrom; or
3. Directly or indirectly abetting the commission
of piracy.

NOTE: They shall be considered as an

accomplice of principal offenders (Sec. 4).

270
 ANTI–HIJACKING LAW NOTE: If it is a cargo plane, it is NOT
(Republic Act No. 6235) covered by R.A. 6235.

PUNISHABLE ACTS: 4. Shipping or loading such substances on a

1. It shall be unlawful for any person to compel cargo aircraft operating as public utility in the
a change in the course or destination of an Philippines in a manner not in accordance
aircraft of Philippine registry, or to seize or with the rules and regulations issued by the
usurp the control thereof, while it is in flight. Air Transportation Office.

NOTE: An aircraft is in flight from the PASSENGER CARGO

moment all its external doors are closed AIRCRAFT AIRCRAFT
following embarkation until any of such The prohibition The law is violated
doors is opened for disembarkation. is absolute. only when the
Mere carrying transporting of the
RULES AS TO APPLICATION of prohibited prohibited substance
AIRCRAFT OF AIRCRAFT OF substance is was not done in
PHILIPPINE FOREIGN criminal. accordance with the
REGISTRY REGISTRY rules and regulations
prescribed by the
It should be in flight The law does not
ATO in the matter of
at the time of the require that it be
shipment of such
hijacking. Otherwise, in flight before the
things.
R.A. 6235 will not anti hijacking law
apply and the crime can apply. This is
is still punished because aircrafts NOTE: All other acts outside of the four are
under the Revised of foreign registry merely qualifying circumstances and would bring
Penal Code. are considered in about higher penalty. Such acts would not
transit while they constitute another crime. So, the killing or
are in foreign explosion will only qualify the penalty to a higher
countries. one.

2. It shall likewise be unlawful for any person to

compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the
control thereof while it is within the said
territory (Section 1).

Qualifying Circumstances for Paragraphs

1 and 2:
(a) Firing upon the pilot, member of the
crew or passenger of the aircraft;
(b) Exploding or attempting to explode any
bomb or explosive to destroy the
aircraft; or
(c) The crime is accompanied by murder,
homicide, serious physical injuries or
rape (Section 2).

3. It shall be unlawful for any person, natural or

juridical, to ship, load or carry in any
passenger aircraft operating as a public
utility within the Philippines any explosive,
flammable, corrosive or poisonous
substance or material (Section 3).

271
 HUMAN SECURITY ACT in, Acquisition or
(Republic Act No. 9372) Disposition of Firearms,
Ammunitions or
It created the crime known as TERRORISM and Explosives
declared it to be “a crime against the Filipino
people, against humanity, and against the law of NOTE: Said felonies under the RPC and
nations”. under the aforementioned special laws still
exist. They only become terrorism if they
PUNISHABLE ACTS: reach a magnitude as to show and create a
condition of widespread panic among the
1. TERRORISM populace in order to give in to an unlawful
demand.
ELEMENTS OF TERRORISM:
(a) Any person who commits an act punishable (b) Thereby sowing and creating a condition of
under any of the following provisions under: widespread and extraordinary fear and
panic among the populace
(1) Revised Penal Code: PRIC M KID (c) In order to coerce the government to give in
Article 122 Piracy in general and to an unlawful demand shall be guilty of the
Mutiny in the high crime of terrorism.
seas or in the
Philippine waters PENALTY: 40 years of imprisonment,
without the benefit of parole under IS Law.
Article 134 Rebellion or
Insurrection 2. CONSPIRACY TO COMMIT TERRORISM
Article 134(a) Coup d’etat, including
acts committed by ELEMENTS:
private persons (a) There are two or more persons;
Article 248 Murder (b) They come to an agreement to commit
Article 267 Kidnapping and the crime of terrorism; and
Serious Illegal (c) They decide to commit the same.
Detention
PENALTY: 40 years of imprisonment.
Article 324 Crimes involving
Destruction PERSONS LIABLE:

OR under 1. Principal: Any person who commits any of

the acts under Sections 3 and 4.
(2) Special Laws:
P.D. 1613 The Law on Arson 2. Accomplice: Any person who, not being a
R.A. 6969 Toxic Substances and principal under Article 17, RPC or a
Hazardous and Nuclear conspirator as defined in Section 4 hereof,
Waste Control Act cooperates in the execution of either the
(1990) crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts
R.A. 5207 Atomic Energy (Section 5).
Regulatory and Liability
Act (1968) 3. Accessory: Any person who, having
R.A. 6235 Anti-Hijacking Law knowledge of the commission of the crime of
P.D. 532 Anti-Piracy and Anti- terrorism or conspiracy to commit terrorism,
Highway Robbery Law and without having participated therein,
(1974) either as principal or accomplice, takes part
P.D. 1866 Decree Codifying the subsequent to its commission in any of the
as Laws on Illegal and following manner:
amended Unlawful Possession,
Manufacture, Dealing

272
 (a) By profiting himself or assisting the
offender to profit by the effects of the 1. Without judicial warrant of arrest (Section
crime; 18, R.A. 9372):
(b) By concealing or destroying the body of
the crime, or the effects, or instruments Duties of the duly authorized police or
thereof, in order to prevent its discovery; law enforcement personnel:
or (a) Deliver said charged or suspected
(c) By harboring, concealing, or assisting in person to the proper judicial authority
the escape of the principal or within a period of three (3) days counted
conspirator of the crime (Section 6). from the moment said charged or
suspected person has been
OTHER PUNISHABLE ACTS: apprehended or arrested, detained and
taken into custody: Provided, That the
1. Unauthorized or malicious interceptions arrest of those suspected of the crime of
and/or recordings (Section 16); terrorism or conspiracy to commit
2. Failure to notify the judge as provided in terrorism must result from the
paragraph 3, Section 18 (Section 18); surveillance under Section 7 and
3. Failure to deliver suspect to the proper examination of bank deposits under
judicial authority within 3 days (Sec. 20); Section 27.
4. Threat, intimidation, coercion, or torture in
the investigation and interrogation of a (b) Before detaining the person suspected
detained person (Section 25); of the crime of terrorism, present him or
5. Unauthorized or malicious examination of a her before any judge at the latter's
bank or a financial institution (Sec. 36); residence or office nearest the place
6. Bank officials and employees defying a court where the arrest took place at any time
authorization (Section 37); of the day or night.
7. False or untruthful statement or
misrepresentation of material fact in joint NOTE: It shall be the duty of the judge,
affidavits (Section 38); among other things, to ascertain the
8. Unjustified refusal to restore or delay in identity of the police or law enforcement
restoring seized, sequestered and frozen personnel and the person or persons
bank deposits, placements, trust accounts, they have arrested and presented
assets and records (Section 42); before him or her, to inquire of them the
9. Loss, misuse, diversion or dissipation of reasons why they have arrested the
seized, sequestered and frozen bank person and determine by questioning
deposits, placements, trust accounts, assets and personal observation whether or not
and records (Section 43); the suspect has been subjected to any
10. Infidelity in the custody of detained persons physical, moral or psychological torture
(Section 44); by whom and why. The judge shall then
11. Unauthorized revelation of classified submit a written report of what he/she
materials (Section 46); and had observed when the subject was
12. Furnishing false evidence, forged document, brought before him to the proper court
or spurious evidence (Sec. 47). that has jurisdiction over the case of the
person thus arrested. The judge shall
NOTE: When a person has been prosecuted forthwith submit his/her report within
under a provision of this Act, upon a valid three calendar days from the time the
complaint or information or other formal charge suspect was brought to his/her
sufficient in form and substance to sustain a residence or office.
conviction and after the accused had pleaded to
the charge, the acquittal of the accused or the (c) Immediately after taking custody, the
dismissal of the case shall be a bar to another police or law enforcement personnel
prosecution for any offense or felony which is shall notify in writing the judge of the
necessarily included in the offense charged court nearest the place of apprehension
under this Act (Section 49). or arrest: Provided, That where the
arrest is made during Saturdays,
PERIOD OF DETENTION Sundays, holidays or after office hours,

273
 the written notice shall be served at the
residence of the judge nearest the place Provided, That surveillance, interception and
where the accused was arrested. recording of communications between lawyers
and clients, doctors and patients, journalists and
2. In the event of an actual or imminent their sources and confidential business
terrorist attack (Section 19, R.A. 9372): correspondence shall NOT be authorized.

Suspects may not be detained for more than RESTRICTION ON TRAVEL

three (3) days without the written approval of
– (a) a municipal, city, provincial or regional In cases where evidence of guilt is not strong,
official of a Human Rights Commission, or and the person charged with the crime of
(b) judge of the municipal, regional trial terrorism or conspiracy to commit terrorism is
court, the Sandiganbayan or a justice of the entitled to bail and is granted the same, the
Court of Appeals nearest the place of the court, upon application by the prosecutor, shall
arrest. limit the right of travel of the accused to within
the municipality or city where he resides or
NOTE: If the arrest is made during where the case is pending, in the interest of
Saturdays, Sundays, holidays or after office national security and public safety, consistent
hours, the arresting police or law with Article III, Section 6 of the Constitution.
enforcement personnel shall bring the Travel outside of said municipality or city,
person thus arrested to the residence of any without the authorization of the court, shall be
of the officials mentioned above that is deemed a violation of the terms and conditions
nearest the place where the accused was of his bail, which shall then be forfeited as
arrested. provided under the Rules of Court.

The approval in writing of any of the said He/she may also be placed under house arrest
officials shall be secured by the police or law by order of the court at his or her usual place of
enforcement personnel concerned within residence. While under house arrest, he or she
five (5) days after the date of the detention may not use telephones, cellphones, emails,
of the persons concerned. computers, the internet or other means of
communications with people outside the
NOTE: Within three (3) days after the residence until otherwise ordered by the court.
detention, the suspects whose connection
with the terror attack or threat is NOT The restrictions abovementioned shall be
established shall be released immediately. terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or
SURVEILLANCE AND INTERCEPTION earlier upon the discretion of the court on motion
of the prosecutor or of the accused.
Surveillance of suspects and interception
and recording of communications(Section 7) EXAMINATION OF BANK DEPOSITS,
– The provisions of R.A. 4200 (Anti-Wire ACCOUNTS, and RECORDS
Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the Judicial authorization required to examine
members of his team may, upon a written order bank deposits, accounts, and
of the Court of Appeals, listen to, intercept and records(Section 27) – The provisions of R.A.
record, with the use of any mode, form, kind or 1405, as amended to the contrary
type of electronic or other surveillance notwithstanding, the justices of the Court of
equipment or intercepting and tracking devices, Appeals designated as a special court to handle
or with the use of any other suitable ways and anti-terrorism cases after satisfying themselves
means for that purpose, any communication, of the existence of probable cause in a hearing
message, conversation, discussion, or spoken called for that purpose that:
or written words between members of a judicially
declared and outlawed terrorist organization, (1) A person charged with or suspected of the
association, or group of persons or of any crime of terrorism or, conspiracy to commit
person charged with or suspected of the crime terrorism,
of terrorism or conspiracy to commit terrorism.

274
(2) Of a judicially declared and outlawed
terrorist organization, association, or group
of persons; and
(3) Of a member of such judicially declared and
outlawed organization, association, or group
of persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized in
writing by the ATC to:

(a) Examine, or cause the examination of,

the deposits, placements, trust
accounts, assets and records in a bank
or financial institution; and
(b) Gather or cause the gathering of any
relevant information about such
deposits, placements, trust accounts,
assets, and records from a bank or
financial institution.

NOTE: The bank or financial institution

concerned, shall not refuse to allow such
examination or to provide the desired
information, when so, ordered by and served
with the written order of the Court of Appeals.

NOTE: Application should comply with the

requirements under Section 28 of the Act.

275
 ANTI-TORTURE ACT (b) Food deprivation or forcible feeding with
(Republic Act No. 9745) spoiled food, animal or other stuff or
substances not normally eaten;
TORTURE (c) Electric shock;
It refers to an act by which severe pain or (d) Cigarette burning; burning by electrically
suffering, whether physical or mental, is heated rods, hot oil, acid;
intentionally inflicted on a person for such (e) The submersion of the head in water or
purposes as obtaining from him/her or a third water polluted with excrement, urine,
person information or a confession; punishing vomit and/or blood until the brink of
him/her for an act he/she or a third person has suffocation;
committed or is suspected of having committed; (f) Being tied or forced to assume fixed and
or intimidating or coercing him/her or a third stressful bodily position;
person; or for any reason based on (g) Rape and sexual abuse;
discrimination of any kind, when such pain or (h) Mutilation or amputation of the essential
suffering is inflicted by or at the instigation of or parts of the body such as the genitalia,
with the consent or acquiescence of a person in ear, tongue, etc.;
authority or agent of a person in authority. It (i) Dental torture or forced extraction of
does not include pain or Buffering arising only teeth;
from, inherent in or incidental to lawful (j) Pulling out of fingernails;
sanctions. (k) Harmful exposure to the elements such
as sunlight and extreme cold;
ELEMENTS OF TORTURE: (l) Use of plastic bag or other materials
1. An act by which severe pain or suffering, placed over the head to the point of
whether physical or mental, is inflicted. asphyxiation;
2. Such is intentionally inflicted on a person. (m) The use of psychoactive drugs to
3. Such pain or suffering is inflicted by or at the change the perception, memory.
instigation of or with the consent or alertness or will of a person, such as: (a)
acquiescence of a person in authority or the administration or drugs to induce
agent of a person in authority. confession and/or reduce mental
4. Such is for the purpose of – competency; or (b) the use of drugs to
(a) Obtaining from him/her or a third person induce extreme pain or certain
information or a confession; symptoms of a disease; and
(b) Punishing him/her for an act he/she or a (n) Other analogous acts of physical torture.
third person has committed or is
suspected of having committed; or 2. Mental/Psychological Torture
(c) Intimidating or coercing him/her or a It refers to acts committed by a person in
third person; or authority or agent of a person in authority
(d) Any reason based on discrimination of which are calculated to affect or confuse the
any kind. mind and/or undermine a person's dignity
and morale, such as:
PUNISHABLE ACTS OF TORTURE:
For purposes of this Act, torture shall include, (a) Blindfolding;
but not be limited to, the following: (b) Threatening a person(s) or his/her
relative(s) with bodily harm, execution or
1. Physical Torture other wrongful acts;
It is a form of treatment or punishment (c) Confinement in solitary cells or secret
inflicted by a person in authority or agent of detention places;
a person in authority upon another in his/her (d) Prolonged interrogation;
custody that causes severe pain, (e) Preparing a prisoner for a "show trial",
exhaustion, disability or dysfunction of one public display or public humiliation of a
or more parts of the body, such as: detainee or prisoner;
(f) Causing unscheduled transfer of a
(a) Systematic beating, head banging, person deprived of liberty from one
punching, and kicking; place to another, creating the belief that
he/she shall be summarily executed;

276
 (g) Maltreating member/s of a person's make an updated list of all detention centers
family; and facilities under their respective
(h) Causing the torture sessions to be jurisdictions with the corresponding data on
witnessed by the person's family, prisoners or detainees incarcerated or
relatives or any third party; detained therein. This list shall be available
(i) Denial of sleep/rest; to the public at all times, submitted to the
(j) Shame infliction such as stripping the CHR, and updated every 5 days of the
person naked, parading him/her in month at the minimum (Section 7).
public places, shaving the victim's head
or putting marks on his/her body against PERSONS LIABLE:
his/her will; 1. Principal:
(k) Deliberately prohibiting the victim to (a) Any person who –
communicate with any member of (1) Actually participated in the commission
his/her family; and of torture, or
(l) Other analogous acts of (2) Induced another, or
mental/psychological torture (Sec. 4). (3) Cooperated in the execution of torture
by previous or simultaneous acts.
3. Other cruel, inhuman or degrading
treatment or punishment (b) Any superior military, police or law
enforcement officer who issued an order to
It refers to a deliberate and aggravated any lower ranking personnel to commit
treatment or punishment not enumerated torture for whatever purpose.
under Section 4, inflicted by a person in
authority or agent of a person in authority (c) The immediate commanding officer of the
against another person in custody, which unit concerned of the AFP or the immediate
attains a level of severity sufficient to cause senior public official of the PNP and other
suffering, gross humiliation or debasement law enforcement agencies shall be held
to the latter. liable as a principal to the crime of torture for
any act or omission, or negligence
The assessment of the level of severity shall committed by him/her that shall have led,
depend on all the circumstances of the case, assisted, abetted or allowed, whether
including the duration of the treatment or directly or indirectly, the commission thereof
punishment, its physical and mental effects by his/her subordinates.
and, in some cases, the sex, religion, age
and state of health of the victim (Section 5, (d) If the said commanding officer had
R.A. 9745). knowledge of or, owing to the circumstances
at the time, should have known that acts of
NOTE: Torture and other cruel, inhuman and torture or other cruel, inhuman and
degrading treatment or punishment as criminal degrading treatment or punishment shall be
acts shall apply to all circumstances. A state of committed, is being committed, or has been
war or a threat of war, internal political instability, committed by his/her subordinates or by
or any other public emergency, or a document or others within his/her area of responsibility
any determination comprising an "order of and, despite such knowledge, did not take
battle" shall not and can never be invoked as a preventive or corrective action either before,
justification for torture and other cruel, inhuman during or immediately after its commission,
and degrading treatment or punishment (Section he shall also be liable as principals.
6).
2. Accomplice
4. Secret detention places, solitary 3. Accessory
confinement, incommunicado or other (a) Any public officer or employee shall be
similar forms of detention, where torture liable as an accessory if he/she has
may be carried out with impunity are hereby knowledge that torture is being
prohibited (Section 7). committed and without having
participated therein, either as principal
NOTE: The PNP, AFP, and other law or accomplice, takes part subsequent to
enforcement agencies concerned shall

277
its commission in any of the following
manner:
(1) By themselves profiting from or
assisting the offender to profit from
the effects of the act of torture or
other cruel, inhuman and degrading
treatment or punishment;
(2) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or
destroying the effects or instruments
thereof in order to prevent its
discovery; or
(3) By harboring, concealing or
assisting m the escape of the
principal/s in the act of torture or
other cruel, inhuman and degrading
treatment or punishment: Provided,
That the accessory acts are done
with the abuse of the official's public
functions (Section 13).

278
 CODIFYING THE LAWS ON  Presumption: The possession of any
ILLEGAL/UNLAWFUL POSSESSION, machinery, tool or instrument used
MANUFACTURE, DEALING IN, ACQUISITION directly in the manufacture of firearms or
OR DISPOSITION, OF FIREARMS, ammunition, by any person whose
AMMUNITION OR EXPLOSIVES OR business or employment does not
INSTRUMENTS USED IN THE lawfully deal with the manufacture of
MANUFACTURE OF FIREARMS, firearms or ammunition, shall be prima
AMMUNITION OR EXPLOSIVES, AND facie evidence that such article is
IMPOSING STIFFER PENALTIES FOR intended to be used in the
CERTAIN VIOLATIONS THEREOF AND FOR unlawful/illegal manufacture of firearms
RELEVANT PURPOSES or ammunition (Section 2, P.D. 1866).
(P.D. No. 1866, as amended)
 Unlicensed Firearm includes –
PUNISHABLE ACTS: 1. Firearms with expired license; or
1. Unlawful manufacture, sale, acquisition, 2. Unauthorized use of licensed
disposition or possession of firearms or firearm in the commission of the
ammunition or instruments used or crime.
intended to be used in the manufacture
of firearms or ammunition(Section 1, P.D. 2. Unlawful manufacture, sale, acquisition,
1866 as amended by R.A. 8294); disposition or possession of
explosives(Section 3)
PERSONS LIABLE:
(a) Any person who shall unlawfully PERSONS LIABLE:
manufacture, deal in, acquire, dispose, (a) Any person who shall willfully and
or possess any firearm; unlawfully manufacture, assemble, deal
(b) Owner, president, manager, director or in, acquire, dispose, import or possess
other responsible officer of any public or any explosive or incendiary device, with
private firm, company, corporation or knowledge of its existence and its
entity, who shall willfully or knowingly explosive or incendiary character, where
allow any of the firearms owned by it to the explosive or incendiary device is
be used by any person or persons found capable of producing destructive effect
guilty of violating the provisions hereof, on contiguous objects or causing injury
or willfully or knowingly allow any of or death to any person including but not
them to use unlicensed firearms or limited to, hand grenade(s), rifle
firearms without any legal authority to be grenade(s), 'pillbox bomb', 'molotov
carried outside of their residence in the cocktail bomb', 'fire bomb', and other
course of their employment; similar explosive and incendiary
(c) Any person who shall carry any licensed devices;
firearm outside his residence without
legal authority therefor. NOTES:
 Presumption: Mere possession of
NOTES: any explosive or incendiary device
 If homicide or murder is committed with shall be prima facie evidence that
the use of an unlicensed firearm, such the person had knowledge of the
use of an unlicensed firearm shall be existence and the explosive or
considered as an aggravating incendiary character of the device.
circumstance.
 Temporary, incidental, casual,
 If the violation is in furtherance of or harmless, or transient possession or
incident to, or in connection with the control of any explosive or
crime of rebellion or insurrection, incendiary device, without the
sedition, or attempted coup d'etat, such knowledge of its existence or its
violation shall be absorbed as an explosive or incendiary character,
element thereof. shall NOT be a violation.

279
  Possession for the sole purpose of in the unlawful/illegal manufacture,
surrendering it to the proper construction, assembly, delivery or
authorities shall NOT be a violation detonation of explosive or
of this Section. incendiary device.

(b) Owner, president, manager, director or  Mere possession without the

other responsible officer of any public or knowledge of its existence or
private firm, company, corporation or character shall NOT be a violation.
entity, who shall willfully or knowingly
allow any explosive or incendiary device  Mere possession for the sole
or parts thereof owned or controlled by purpose of surrendering it to the
such firm, company, corporation or proper authorities shall not be a
entity to be used by any person or violation.
persons found guilty of violating
provisions hereof (Sec. 3-B, P.D. 1866, NOTE: When a violation of Section 3, 3-A or
as amended). 3-B of this Decree is a necessary means for,
or is in furtherance of, incident to, in
3. Unlawful manufacture, sales, acquisition, connection with, by reason of, or on
disposition, importation or possession of occasion of, any of the crimes defined in the
a part, ingredient, machinery, tool or RPC or special laws, the penalty of
instrument used or intended to be used reclusion perpetua and a fine ranging from
for the manufacture, construction, P100,000.00 to P1,000,000.00 shall be
assembly, delivery or detonation(Section imposed (Sec. 3-C, P.D. 1866 as amended).
3-A, P.D. 1866, as amended)
4. Tampering of firearm's serial
PERSONS LIABLE: number(Section 5, P.D. 1866)
(a) Any person who shall willfully and
unlawfully manufacture, assemble, deal The penalty of prision correccional shall be
in, acquire, dispose, import or possess imposed upon any person who shall
any part, ingredient, machinery, tool or unlawfully tamper, change, deface or erase
instrument of any explosive or the serial number of any firearm.
incendiary device, whether chemical,
mechanical, electronic, electrical or 5. Repacking or altering the composition of
otherwise, used or intended to be used lawfully manufactured explosives(Section
by that person for its manufacture, 6, P.D. 1866)
construction, assembly, delivery or
detonation, where the explosive or The penalty of prision correccional shall be
incendiary device is capable or is imposed upon any person who shall
intended to be made capable of unlawfully repack, alter or modify the
producing destructive effect on composition of any lawfully manufactured
contiguous objects or causing injury or explosives
death to any person;
6. Unauthorized issuance of authority to
NOTE: carry firearm and/or ammunition outside
 Presumption: Mere possession of of residence(Sec. 7, P.D. 1866)
any part, ingredient, machinery, tool
or instrument directly used in the The penalty of prision correccional shall be
manufacture, construction, imposed upon any person, civilian or
assembly, delivery or detonation of military, who shall issue authority to carry
any explosive or incendiary device, firearm and/or ammunition outside of
by any person whose business residence, without authority therefor.
activity, or employment does NOT
lawfully deal with the possession of 7. Failure or refusal, after due notice, of any
such article shall be prima facie member of law enforcement agencies or
evidence that such article is any other government official and
intended to be used by that person employee, intentionally or negligently, to

280
 appear as a witness for the prosecution
of the defense in any proceeding,
involving violations hereof, without any
valid reason(Sec. 4, P.D. 1866, as
amended by R.A. 9516)

NOTES:
 The immediate superior is also liable if
despite due notice to them and to the
witness concerned, the former does not
exert reasonable effort to present the
latter to the court.

 The member of the law enforcement

agency or any other government
employee mentioned in the preceding
paragraphs shall NOT be transferred or
reassigned to any other government
office located in another territorial
jurisdiction during the pendency of the
case in court, except for compelling
reasons: Provided, That his/her
immediate superior shall notify the court
where the case is pending of the order
to transfer or reassign within 24 hours
from its approval: Provided, further, The
immediate superior who fails to notify
the court of such order to transfer or
reassign will be penalized.

8. Planting of evidence (Sec. 4-A, P.D. 1866,

as amended)

It shall mean the willful act by any person of

maliciously and surreptitiously inserting,
placing, adding or attaching, directly or
indirectly, through any overt or covert act,
whatever quantity of any explosive or
incendiary device or any part, ingredient,
machinery, tool or instrument of any
explosive or incendiary device, whether
chemical, mechanical, electronic, electrical
or otherwise in the person, house, effects or
in the immediate vicinity of an innocent
individual for the purpose of implicating
incriminating or imputing the commission of
any violation of this Decree.

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 COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT 3. Liability of juridical person (Section 30)
(Republic Act No. 10591) The one liable is the owner, president,
manager, director or other responsible
PUNISHABLE ACTS: officer of/any public or private firm,
company, corporation or entity who shall:
1. Unlawful acquisition, or possession of
firearms and ammunition(Section 28) (a) Willfully or knowingly allow any of the
firearms owned by such firm, company,
NOTE: Penalty depends on the type and corporation or entity to be used by any
number of unlawfully acquired or possessed person or persons found guilty of
firearms or ammunition. violating the provisions of the preceding
section, or
2. Use of loose firearm in the commission (b) Willfully or knowingly allow any of them
of a crime(Section 29) to use unregistered firearm or firearms
without any legal authority to be carried
NOTES: outside of their residence in the course
 The use of a loose firearm, when of their employment.
inherent in the commission of a crime
punishable under the RPC or other 4. Absence of permit to carry outside of
special laws, shall be considered as an residence(Section 31)
aggravating circumstance: Provided,
That if the crime committed with the use This is committed by any person who is
of a loose firearm is penalized by the licensed to own a firearm but who shall carry
law with a maximum penalty which is the registered firearm outside his/her
lower than that prescribed in the residence without any legal authority
preceding section for illegal possession therefor.
of firearm, the penalty for illegal
possession of firearm shall be imposed 5. Unlawful manufacture, importation, sale
in lieu of the penalty for the crime or disposition of firearms or ammunition
charged: Provided, further, That if the or parts thereof, machinery, tool or
crime committed with the use of a loose instrument used or intended to be used
firearm is penalized by the law with a in the manufacture of firearms,
maximum penalty which is equal to that ammunition or parts thereof (Section 32)
imposed under the preceding section for
illegal possession of firearms, the NOTE:
penalty of prision mayor in its minimum The possession of any machinery, tool or
period shall be imposed in addition to instrument used directly in the manufacture
the penalty for the crime punishable of firearms, ammunition, or major parts
under the Revised Penal Code or other thereof by any person whose business,
special laws of which he/she is found employment or activity does not lawfully deal
guilty. with the possession of such article, shall be
prima facie evidence that such article is
 If the violation of this Act is in intended to be used in the unlawful or illegal
furtherance of, or incident to, or in manufacture of firearms, ammunition or
connection with the crime of rebellion or parts thereof.
insurrection, or attempted coup d’ etat,
such violation shall be absorbed as an OTHER PERSONS LIABLE:
element of the crime of rebellion or (a) Laborer, worker or employee of a
insurrection, or attempted coup d’ etat. licensed firearms dealer who shall
unlawfully take, sell or otherwise
dispose of parts of firearms or
 If the crime is committed by the person
ammunition which the company
without using the loose firearm, the
manufactures and sells, and other
violation of this Act shall be considered
materials used by the company in the
as a distinct and separate offense.

282
 manufacture or sale of firearms or
ammunition. 9. Planting Evidence (Section 38)
(b) The buyer or possessor of such stolen
part or material, who is aware that such This is committed by any person who shall
part or material was stolen willfully and maliciously insert; place, and/or
(c) The directors, officers, employees or attach, directly or indirectly, through any
other officials of or persons in a juridical overt or covert act, any firearm, or
person who knowingly and willingly ammunition, or parts thereof in the person,
participated in the unlawful act. house, effects, or in the immediate vicinity of
an innocent individual for the purpose of
6. Arms Smuggling (Section 33) implicating or incriminating the person, or
imputing the commission of any violation of
It refers to the import, export, acquisition, the provisions of this Act to said individual.
sale, delivery, movement or transfer of
firearms, their parts and components and NOTE: If the person found guilty under this
ammunition, from or across the territory of paragraph is a public officer or employee,
one country to that of another country which such person shall suffer the penalty of
has not been authorized in accordance with reclusion perpetua.
domestic law in either or both
country/countries. 10. Failure to notify lost or stolen firearm or
light weapon (Section 40)
7. Tampering, obliteration or alteration of
firearms identification (Section 34) A fine of P10,000.00 shall be imposed upon
any licensed firearm holder who fails to
This is committed by any person who shall report to the FEO of the PNP that the
tamper, obliterate or alter without authority subject firearm has been lost or stolen within
the barrel, slide, frame, receiver, cylinder, or a period of thirty (30) days from the date of
bolt assembly, including the name of the discovery.
maker, model, or serial number of any
firearm, or who shall replace without A fine of P5,000.00 shall be imposed upon
authority the barrel, slide, frame, receiver, any person holding a valid firearm license
cylinder, or bolt assembly, including its who changes residence or office address
individual or peculiar identifying other than that indicated in the license card
characteristics essential in forensic and fails within a period of thirty (30) days
examination of a firearm or light weapon. from said transfer to notify the FEO of the
PNP of such change of address.
NOTE:
The PNP shall place this information, 11. Illegal transfer/registration of firearms
including its individual or peculiar identifying (Section 41)
characteristics into the database of
integrated firearms identification system of It shall be unlawful to transfer possession of
the PNP Crime Laboratory for future use any firearm to any person who has not yet
and identification of a particular firearm. obtained or secured the necessary license
or permit thereof.
8. Use of an imitation firearm (Section 35)
The penalty of prision correccional shall be
An imitation firearm used in the commission imposed upon any person who shall violate
of a crime shall be considered a real firearm the provision of the preceding paragraph. In
as defined in this Act and the person who addition, he/she shall be disqualified to
committed the crime shall be punished in apply for a license to possess other firearms
accordance with this Act: Provided, That and all his/her existing firearms licenses
injuries caused on the occasion of the whether for purposes of commerce or
conduct of competitions, sports, games, or possession, shall be revoked. If
any recreation activities involving imitation government-issued firearms, ammunition or
firearms shall not be punishable under this major parts of firearms or light weapons are
Act. unlawfully disposed, sold or transferred by

283
 any law enforcement agent or public officer workplace without, the proper permit to carry
to private individuals, the penalty of the same;
reclusion temporal shall be imposed. (e) Carrying of the firearm, ammunition, or
major parts thereof in prohibited places;
Any public officer or employee or any person (f) Dismissal for cause from the service in case
who shall facilitate the registration of a of government official and employee;
firearm through fraud, deceit, (g) Commission of any of the acts penalized
misrepresentation or submission of falsified under the Comprehensive Dangerous Drugs
documents shall suffer the penalty of prision Act of 2002;
correccional. (h) Submission of falsified documents or
misrepresentation in the application to
IN CUSTODIA LEGIS (Section 36) obtain a license or permit;
During the pendency of any case filed in (i) Noncompliance of reportorial requirements;
violation of this Act, seized firearm, ammunition, and
or parts thereof, machinery, tools or instruments (j) By virtue of a court order.
shall remain in the custody of the court. If the
court decides that it has no adequate means to
safely keep the same, the court shall issue an
order to turn over to the PNP Crime Laboratory
such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody
during the pendency of the case and to produce
the same to the court when so ordered. No bond
shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall
be punishable by prision mayor in its minimum
period to prision mayor in its medium period.

CONFISCATION & FORFEITURE (Sec. 37)

The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which
shall be disposed of in accordance with law.

GROUNDS FOR REVOCATION,

CANCELLATION OR SUSPENSION OF
LICENSE OR PERMIT (Section 39)

The Chief of the PNP or his/her authorized

representative may revoke, cancel or suspend a
license or permit on the following grounds:

(a) Commission of a crime or offense involving

the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral
turpitude or any offense where the penalty
carries an imprisonment of more than six (6)
years;
(c) Loss of the firearm, ammunition, or any
parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or
major parts thereof outside of residence or

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 ANTI-MONEY LAUNDERING ACT that is about to be, is being or has been
(R.A. 9160, as amended by R.A. 9194) committed; or
7. Any transactions that is similar or analogous
MONEY LAUNDERING to any of the foregoing. (Section 3(b-1), R.A.
It is a crime whereby the proceeds of an 9160 as amended).
unlawful activity are transacted, thereby making
them appear to have originated from legitimate COVERED INSTITUTION
sources. It refers to –
1. Banks, non-banks, quasi-banks, trust
It is committed by the following: entities, and all other institutions and their
(a) Any person, knowing that any monetary subsidiaries and affiliates supervised or
instrument or property represents, involves, regulated by the BSP;
or relates to, the proceeds of any unlawful 2. Insurance companies and all other
activity, transacts or attempts to transact institutions supervised or regulated by the
said monetary instrument or property. Insurance Commission; and
(b) Any person, knowing that any monetary 3. (i) Securities dealers, brokers, salesmen,
instrument or property involves the proceeds investment houses and other similar entities
of any unlawful activity, performs or fails to managing securities or rendering services
perform any act as a result of which he as investment agent, advisor, or consultant,
facilitates the offense of money laundering (ii) mutual funds, close and investment
under paragraph (a) above. companies, common trust funds, pre-need
(c) Any person, knowing that any monetary companies and other similar entities, (iii)
instrument or property is required under this foreign exchange corporations, money
Act to be disclosed and filed with the AMLC, changers, money payment, remittance, and
fails to do so. transfer companies and other similar
entities, and (iv) other entities administering
COVERED TRANSACTIONS or otherwise dealing in currency,
It is a transaction in cash or other equivalent commodities or financial derivatives based
monetary instrument involving a total amount in thereon, valuable objects, cash substitutes
excess of P500,000.00 within one (1) banking and other similar monetary instruments or
day (Sec. 3(b), as amended). property supervised or regulated by
Securities and Exchange Commission.
SUSPICIOUS TRANSACTIONS
These are transactions with covered institutions, UNLAWFUL ACTIVITY
regardless of the amounts involved, where any It refers to any act or omission or series or
of the following circumstances exist: combination thereof involving or having direct
1. There is no underlying legal or trade relation to following:
obligation, purpose or economic justification;
2. The client is not properly identified; 1. Kidnapping for ransom under Article 267 of
3. The amount involved is not commensurate the Revised Penal Code, as amended;
with the business or financial capacity of the 2. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and
client; 16 of R.A. 9165 (Comprehensive Dangerous
4. Taking into account all known Drugs Act of 2002);
circumstances, it may be perceived that the 3. Section 3 paragraphs B, C, E, G, H and I of
client's transaction is structured in order to R.A. 3019, as amended (Anti-Graft and
avoid being the subject of reporting Corrupt Practices Act);
requirements under the act; 4. Plunder under R.A. 7080, as amended;
5. Any circumstances relating to the 5. Robbery and extortion under Articles 294,
transaction which is observed to deviate 295, 296, 299, 300, 301 and 302 of the
from the profile of the client and/or the Revised Penal Code, as amended;
client's past transactions with the covered 6. Jueteng and masiao punished as illegal
institution; gambling under P.D. 1602;
6. The transactions is in a way related to an 7. Piracy on the high seas under the RPC, as
unlawful activity or offense under this act amended and P.D. 532;
8. Qualified theft under Article 310, RPC;
9. Swindling under Article 315, RPC;

285
10. Smuggling under R.A. 455 and R.A. 1937;
11. Violations under R.A. 8792 (Electronic
Commerce Act of 2000);
12. Hijacking and other violations under R.A.
6235; destructive arson and murder, as
defined under RPC, including those
perpetrated by terrorists against non-
combatant persons and similar targets;
13. Fraudulent practices and other violations
under R.A. 8799 (Securities Regulation
Code of 2000); and
14. Felonies or offenses of a similar nature that
are punishable under the penal laws of other
countries (Sec. 3(i), as amended).

OTHER PUNISHABLE ACTS:

1. Failure to keep records as required under
Sec. 9(b), R.A. 9160, as amended.

2. Malicious Reporting: Any person who, with

malice, or in bad faith, reports or files a
completely unwarranted or false information
relative to money laundering transaction
against any person (Section 14(c), as
amended).

NOTES:
 If the offender is any juridical person,
the penalty shall be imposed upon the
responsible officers who participated in,
or allowed by their gross negligence, the
commission thereof.

NOTE: The court may suspend or

revoke its license.

 If the offer is an alien, he shall, in

addition to the penalties, be deported
without further proceedings after serving
the penalties.
 If the offender is a public official or
employee, he shall, in addition to the
penalties, suffer perpetual or temporary
absolute disqualification from office, as
the case may be.

3. Breach of confidentiality by persons

convicted for violation of Section 9(c) of the
Act (Section 14(d), as amended).

NOTE: In case of a breach of confidentiality

that is published or reported by media, the
responsible reporter, writer, president,
publisher, manager and editor-in-chief shall
be liable under this Act.

286
 ANTI-TRAFFICKING IN PERSONS ACT sexual exploitation, forced labor or
(Republic Act No. 9208) slavery, involuntary servitude or debt
bondage;
TRAFFICKING IN PERSONS
It refers to the recruitment, transportation, (d) To undertake or organize tours and
transfer or harboring, or receipt of persons with travel plans consisting of tourism
or without the victim's consent or knowledge, packages or activities for the purpose of
within or across national borders by means of utilizing and offering persons for
threat or use of force, or other forms of coercion, prostitution, pornography or sexual
abduction, fraud, deception, abuse of power or exploitation;
of position, taking advantage of the vulnerability
of the person, or, the giving or receiving of (e) To maintain or hire a person to engage
payments or benefits to achieve the consent of a in prostitution or pornography;
person having control over another person for
the purpose of exploitation which includes at a (f) To adopt or facilitate the adoption of
minimum, the exploitation or the prostitution of persons for the purpose of prostitution,
others or other forms of sexual exploitation, pornography, sexual exploitation, forced
forced labor or services, slavery, servitude or the labor, slavery, involuntary servitude or
removal or sale of organs (Section 3(a)). debt bondage;

NOTE: The recruitment, transportation, transfer, (g) To recruit, hire, adopt, transport or
harboring or receipt of a child for the purpose of abduct a person, by means of threat or
exploitation shall also be considered as use of force, fraud, deceit, violence,
"trafficking in persons" even if it does not involve coercion, or intimidation for the purpose
any of the means set forth in the preceding of removal or sale of organs of said
paragraph. person; and

PUNISHABLE ACTS: (h) To recruit, transport or adopt a child to

1. TRAFFICKING IN PERSONS (Section 4): engage in armed activities in the
(a) To recruit, transport, transfer; harbor, Philippines or abroad.
provide, or receive a person by any
means, including those done under the 2. PROMOTING TRAFFICKING (Section 5):
pretext of domestic or overseas (a) To knowingly lease or sublease, use or
employment or training or allow to be used any house, building or
apprenticeship, for the purpose of establishment for the purpose of
prostitution, pornography, sexual promoting trafficking in persons;
exploitation, forced labor, slavery,
involuntary servitude or debt bondage; (b) To produce, print and issue or distribute
unissued, tampered or fake counseling
(b) To introduce or match for money, profit, certificates, registration stickers and
or material, economic or other certificates of any government agency
consideration, any person or, as which issues these certificates and
provided for under Republic Act No. stickers as proof of compliance with
6955, any Filipino woman to a foreign government regulatory and pre-
national, for marriage for the purpose of departure requirements for the purpose
acquiring, buying, offering, selling or of promoting trafficking in persons;
trading him/her to engage in prostitution,
pornography, sexual exploitation, forced (c) To advertise, publish, print, broadcast or
labor, slavery, involuntary servitude or distribute, or cause the advertisement,
debt bondage; publication, printing, broadcasting or
distribution by any means, including the
(c) To offer or contract marriage, real or use of information technology and the
simulated, for the purpose of acquiring, internet, of any brochure, flyer, or any
buying, offering, selling, or trading them propaganda material that promotes
to engage in prostitution, pornography, trafficking in persons;

287
 (d) To assist in the conduct of 4. When the offender is an ascendant, parent,
misrepresentation or fraud for purposes sibling, guardian or a person who exercises
of facilitating the acquisition of authority over the trafficked person or when
clearances and necessary exit the offense is committed by a public officer
documents from government agencies or employee;
that are mandated to provide pre-
departure registration and services for 5. When the trafficked person is recruited to
departing persons for the purpose of engage in prostitution with any member of
promoting trafficking in persons; the military or law enforcement agencies;

(e) To facilitate, assist or help in the exit 6. When the offender is a member of the
and entry of persons from/to the country military or law enforcement agencies; and
at international and local airports,
territorial boundaries and seaports who 7. When by reason or on occasion of the act of
are in possession of unissued, tampered trafficking in persons, the offended party
or fraudulent travel documents for the dies, becomes insane, suffers mutilation or
purpose of promoting trafficking in is afflicted with HIV or AIDS (Section 6).
persons;
OTHER PENAL PROVISIONS:
(f) To confiscate, conceal, or destroy the 1. It shall be unlawful for any editor, publisher,
passport, travel documents, or personal and reporter or columnist in case of printed
documents or belongings of trafficked materials, announcer or producer in case of
persons in furtherance of trafficking or to television and radio, producer and director of
prevent them from leaving the country or a film in case of the movie industry, or any
seeking redress from the government or person utilizing tri-media facilities or
appropriate agencies; and information technology to cause publicity of
any case of trafficking in persons. (Section
(g) To knowingly benefit from, financial or 7);
otherwise, or make use of, the labor or
services of a person held to a condition 2. If the offender is a corporation, partnership,
of involuntary servitude, forced labor, or association, club, establishment or any
slavery. juridical person, the penalty shall be
imposed upon the owner, president, partner,
QUALIFIED TRAFFICKING IN PERSONS manager, and/or any responsible officer who
1. When the trafficked person is a child; participated in the commission of the crime
or who shall have knowingly permitted or
2. When the adoption is effected through R.A. failed to prevent its commission. (Section
8043 (Inter-Country Adoption Act) and said 10(e));
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced 3. Any employee or official of government
labor, slavery, involuntary servitude or debt agencies who shall issue or approve the
bondage; issuance of travel exit clearances,
passports, registration certificates,
3. When the crime is committed by a counseling certificates, marriage license,
syndicate, or in large scale. and other similar documents to persons,
whether juridical or natural, recruitment
NOTES: agencies, establishments or other
 Trafficking is deemed committed by a individuals or groups, who fail to observe the
syndicate if carried out by a group of prescribed procedures and the requirement
three (3) or more persons conspiring or as provided for by laws, rules and
confederating with one another. regulations, shall be held administratively
 It is deemed committed in large scale if liable, without prejudice to criminal liability.
committed against three (3) or more (Sec. 10(h)).
persons, individually or as a group;

288
4. Any person who buys or engages the
services of trafficked persons for prostitution
shall also be penalized (Section 11).

289
 ANTI-SEXUAL HARASSMENT
(Republic Act No. 7877)

PUNISHABLE ACTS:
1. In a work-related or employment
environment, sexual harassment is
committed when:
(a) The sexual favor is made as a condition
in the hiring or in the employment, re‐
employment or continued employment
of said individual, or in granting said
individual favorable compensation,
terms, conditions, promotions, or
privileges; or the refusal to grant the
sexual favor results in limiting,
segregating or classifying the employee
which in a way would discriminate,
deprive or diminish employment
opportunities or otherwise adversely
affect said employee
(b) The above acts would impair the
employee’s rights or privileges under
existing labor laws; or
(c) The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.

2. In an education or training environment,

sexual harassment is committed:
(a) Against one who is under the care,
custody or supervision of the offender;
(b) Against one whose education, training,
apprenticeship or tutorship is entrusted
to the offender;
(c) When the sexual favor is made a
condition to the giving of a passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges, or considerations; or
(d) When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee or
apprentice.

3. Any person who directs or induces another

to commit any act of sexual harassment as
herein defined, or who cooperates in the
commission thereof by another without
which it would not have been committed,
shall also be held liable under this Act
(Section 3).

290
 ANTI-GRAFT AND CORRUPT or capacity, has secured or obtained, or
PRACTICES ACT will secure or obtain, any Government
(Republic Act No. 3019) permit or license, in consideration for
the help given or to be given, without
PUBLIC OFFICER prejudice to Section thirteen of this Act.
It includes elective and appointive officials and
employees, permanent or temporary, whether in (d) Accepting or having any member of his
the classified or unclassified or exempt service family accept employment in a private
receiving compensation, even nominal, from the enterprise which has pending official
government (Section 2(b)). business with him during the pendency
thereof or within one year after its
RECEIVING ANY GIFT termination.
It includes the act of accepting directly or
indirectly a gift from a person other than a NOTE: This act is mala prohibita.
member of the public officer's immediate family,
in behalf of himself or of any member of his (e) Causing any undue injury to any party,
family or relative within the fourth civil degree, including the Government, or giving any
either by consanguinity or affinity, even on the private party any unwarranted benefits,
occasion of a family celebration or national advantage or preference in the
festivity like Christmas, if the value of the gift is discharge of his official administrative or
under the circumstances manifestly excessive judicial functions through manifest
(Section 2(c)). partiality, evident bad faith or gross
inexcusable negligence. This provision
PERSONS LIABLE: shall apply to officers and employees of
1. Any public officer who performs the following offices or government corporations
acts: charged with the grant of licenses or
permits or other concessions.
(a) Persuading, inducing or influencing
another public officer to perform an act NOTES:
constituting a violation of rules and  The best defense is that the
regulations duly promulgated by partiality was not manifest. That the
competent authority or an offense in partiality is manifest is a heavy
connection with the official duties of the burden on the prosecution.
latter, or allowing himself to be
persuaded, induced, or influenced to  Another defense is the Arias
commit such violation or offense. Doctrine. The defense applies in a
case where the accused is an
NOTE: Persuasion need NOT be approving officer and is on trial for
successful. The gravamen of the signing unjust contract (Arias vs.
offense is persuasion. Sandiganbayan; 1989).

(b) Directly or indirectly requesting or The defense was that the approving
receiving any gift, present, share, officer relied on the prior signatures
percentage, or benefit, for himself or for of his subordinates and had no
any other person, in connection with any reason to suspect wrong-doing and
contract or transaction between the was swamped with a lot of
Government and any other part, wherein documents on the day that he
the public officer in his official capacity signed.
has to intervene under the law.
 There is NO attempted or frustrated
(c) Directly or indirectly requesting or stage of the crime defined in Sec.
receiving any gift, present or other 3(e), R.A. 3019.
pecuniary or material benefit, for himself
or for another, from any person for (f) Neglecting or refusing, after due
whom the public officer, in any manner demand or request, without sufficient
justification, to act within a reasonable

291
 time on any matter pending before him (j) Knowingly approving or granting any
for the purpose of obtaining, directly or license, permit, privilege or benefit in
indirectly, from any person interested in favor of any person not qualified for or
the matter some pecuniary or material not legally entitled to such license,
benefit or advantage, or for the purpose permit, privilege or advantage, or of a
of favoring his own interest or giving mere representative or dummy of one
undue advantage in favor of or who is not so qualified or entitled.
discriminating against any other
interested party. (k) Divulging valuable information of a
confidential character, acquired by his
(g) Entering, on behalf of the Government, office or by him on account of his official
into any contract or transaction position to unauthorized persons, or
manifestly and grossly disadvantageous releasing such information in advance of
to the same, whether or not the public its authorized release date.
officer profited or will profit thereby.
2. Private individuals –
NOTE: In determining whether the (a) Any person who, having family or close
contract was manifestly and grossly personal relation with any public official,
disadvantageous, it is NOT merely capitalizes or exploits or takes
consideration of the pecuniary amount advantage of such family or close
involved (Marcos vs. Sandiganbayan; personal relation by directly or indirectly
October 6, 1998). requesting or receiving any present, gift
or material or pecuniary advantage from
(h) Director or indirectly having financing or any other person having some business,
pecuniary interest in any business, transaction, application, request or
contract or transaction in connection contract with the government, in which
with which he intervenes or takes part in such public official has to intervene.
his official capacity, or in which he is
prohibited by the Constitution or by any NOTE: Family relation shall include the
law from having any interest. spouse or relatives by consanguinity or
affinity in the third civil degree. The word
NOTES: "close personal relation" shall include
 Actual intervention is required. close personal friendship, social and
 Under the Code of Professional fraternal connections, and professional
Conduct, the public officer MUST employment all giving rise to intimacy
divest his interest. which assures free access to such
public officer.
(i) Directly or indirectly becoming
interested, for personal gain, or having a (b) Any person who knowingly induces or
material interest in any transaction or causes any public official to commit any
act requiring the approval of a board, of the offenses under Section 3, R.A.
panel or group of which he is a member, 3019.
and which exercises discretion in such
approval, even if he votes against the 3. The spouse or for any relative, by
same or does not participate in the consanguinity or affinity, within the third civil
action of the board, committee, panel or degree, of the President, the Vice-President,
group. the Senate President, or the Speaker of the
House of Representatives, to intervene,
NOTE: Interest for personal gain shall directly or indirectly, in any business,
be presumed against those public transaction, contract or application with the
officers responsible for the approval of Government.
manifestly unlawful, inequitable or
irregular transactions or acts by the EXCEPTIONS:
board, panel, or group to which they The prohibition shall NOT apply to:
belong. (a) Any person who, prior to the assumption
of office of the official to whom he is

292
 related, has been already dealing with profession, lawful trade or occupation by any
the Government along the same line of private person or by any public officer who under
business; the law may legitimately practice his profession,
(b) Any transaction, contract or application trade or occupation, during his incumbency,
already existing or pending at the time EXCEPT where the practice of such profession,
of such assumption of public office; trade or occupation involves conspiracy with any
(c) Any application filed by him the approval other person or public official to commit any
of which is not discretionary on the part violations of this Act.
of the official or officials concerned but
depends upon compliance with Dismissal due to Unexplained Wealth
requisites provided by law, or rules or If a public official has been found to have
regulations issued pursuant to law; acquired during his incumbency, whether in his
(d) Any act lawfully performed in an official name or in the name of other persons, an
capacity or in the exercise of a amount of property and/or money manifestly out
profession. of proportion to his salary and to his other lawful
income, that fact shall be a ground for dismissal
4. Any member of the Congress who, during or removal.
the term for which he has been elected,
acquires or receives any personal pecuniary NOTES:
interest in any specific business enterprise  Properties in the name of the spouse and
which will be directly and particularly favored unmarried children of such public official
or benefited by any law or resolution may be taken into consideration, when their
authored by him previously approved or acquisition through legitimate means cannot
adopted by the Congress during his term. be satisfactorily shown.

5. Any other public officer who recommended  Bank deposits in the name of, or manifestly
the initiation in Congress of the enactment excessive expenditures incurred by, the
or adoption of any law or resolution, and public official, his spouse or any of their
acquires or receives any such interest dependents, including but not limited to
during his incumbency. activities in any club or association or any
ostentatious display of wealth including
NOTE: It is also unlawful for such member frequent travel abroad of a non-official
of Congress or other public officer who, character by any public official when such
having such interest prior to the approval of activities entail expenses evidently out of
such law or resolution authored or proportion to legitimate income, shall be
recommended by him, continues for 30 days taken into consideration.
after such approval to retain such interest.
COMPETENT COURT: Sandiganbayan.
6. Any public officer who fails to file a true
detailed and sworn SALN within 30 days PRESCRIPTIVE PERIOD:
after assuming office, and thereafter on or All offenses punishable under this Act shall
before the 15th day of April following the prescribe in 15 years (Section 11, as amended
close of every calendar year, as well as by B.P. 195).
upon the expiration of his term of office, or
upon resignation or separation from office TERMINATION OF OFFICE
(Section 7). No public officer shall be allowed to resign or
retire pending an investigation, criminal or
ACTS NOT COVERED administrative, or pending a prosecution against
Unsolicited gifts or presents of small or him, for any offense under this Act or under the
insignificant value offered or given as a mere provisions of the Revised Penal Code on bribery
ordinary token of gratitude or friendship (Section 12).
according to local customs or usage, shall be
excepted (Section 14). SUSPENSION AND LOSS OF BENEFITS
Any incumbent public officer against whom any
NOTE: Nothing in this Act shall be interpreted to criminal prosecution under a valid information
prejudice or prohibit the practice of any under this Act, or under Title 7, Book II of the

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RPC, or for any offense involving fraud upon
government or public funds or property whether
as a simple or as complex offense and in
whether stage of execution and mode of
participation, is pending in court, shall be
suspended from office. Should he be convicted
by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement
and to the salaries and benefits which he failed
to receive during suspension, unless in the
meantime administrative proceedings have been
filed against him.

NOTE: Suspension CANNOT be automatic

(People v. Albano; 1988).

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 AN ACT DEFINING AND PENALIZING (e) By establishing agricultural, industrial or
THE CRIME OF PLUNDER commercial monopolies or other
(Republic Act No. 7080) combinations and/or implementation of
decrees and orders intended to benefit
ELEMENTS OF PLUNDER: particular persons or special interests; or
1. The offender is a public officer who acts by
himself or in connivance with members of (f) By taking undue advantage of official
his family, relatives by affinity or position, authority, relationship, connection
consanguinity, business associates, or influence to unjustly enrich himself or
subordinates or other persons; themselves at the expense and to the
2. He amassed, accumulated or acquired ill- damage and prejudice of the Filipino people
gotten wealth through a combination or and the Republic of the Philippines. (Sec.
series of overt or criminal acts described in 1(d), R.A. 7080).
Sec. 1(d), R.A. 7080; and
3. The aggregate amount or total value of the COMBINATION
ill-gotten wealth amassed, accumulated or It refers to at least two (2) acts falling under
acquired is at least P50,000,000.00 DIFFERENT categories of enumeration provided
(Estrada vs. Sandiganbayan; November 19, in Section 1(d), R.A. 7080.
2001).
Example: Raids on the public treasury in
ILL-GOTTEN WEALTH Sec. 1(d)(1), and fraudulent conveyance of
It means any asset, property, business assets belonging to the National
enterprise or material possession of any person Government under Sec. 1(d)(3).
within the purview of Section 2, R.A. 7080,
acquired by him directly or indirectly through SERIES
dummies, nominees, agents, subordinates It refers to two (2) or more overt or criminal acts
and/or business associates by any combination falling under the SAME category of enumeration
or series of the following means or similar found in Sec. 1(d), R.A. 7080.
schemes:
Example: Misappropriation, malversation
(a) Through misappropriation, conversion, and raids on the public treasury, all of which
misuse, or malversation of public funds or fall under Sec. 1(d)(1).
raids on the public treasury;
PERSONS LIABLE:
(b) By receiving, directly or indirectly, any 1. The public officer who, by himself or in
commission, gift, share, percentage, connivance with members of his family,
kickbacks or any other form of pecuniary relatives by affinity or consanguinity,
benefit from any person and/or entity in business associates, subordinates or other
connection with any government contract or persons, amassed, accumulated or acquired
project or by reason of the office or position ill-gotten wealth through a combination or
of the public officer concerned; series of overt or criminal acts as described
in Sec. 1(d), R.A. 7080 in the aggregate
(c) By the illegal or fraudulent conveyance or amount of at least P50,000,000.00 shall be
disposition of assets belonging to the guilty of plunder.
National Government or any of its
subdivisions, agencies or instrumentalities 2. Any person who participated with the said
or government-owned or -controlled public officer in the commission of an
corporations and their subsidiaries; offense contributing to the crime of plunder
shall be punished for such offense.
(d) By obtaining, receiving or accepting directly
or indirectly any shares of stock, equity or NOTES:
any other form of interest or participation  In the imposition of penalties, the degree of
including promise of future employment in participation and the attendance of
any business enterprise or undertaking; mitigating and extenuating circumstances,
as provided by the RPC, shall be considered
by the court.

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 The court shall declare any and all ill-gotten
wealth and their interests and other incomes
and assets including the properties and
shares of stocks derived from the deposit or
investment thereof forfeited in favor of the
State.

COMPETENT COURT: Sandiganbayan

RULE OF EVIDENCE:
For purposes of establishing the crime of
plunder, it shall not be necessary to prove each
and every criminal act done by the accused in
furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten wealth,
it being sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or
conspiracy (Section 4).

SUSPENSION AND LOSS OF BENEFITS

Any public officer against whom any criminal
prosecution under a valid information under this
Act in whatever stage of execution and mode of
participation, is pending in court, shall be
suspended from office.

Should he be convicted by final judgment, he

shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and
other benefits which he failed to receive during
suspension, unless in the meantime,
administrative proceedings have been filed
against him. (Section 5)

PRESCRIPTION
It shall prescribe in 20 years.

NOTE: However, the right of the State to

recover properties unlawfully acquired by public
officers from them or from their nominees or
transferees shall NOT be barred by prescription,
laches, or estoppel (Sec. 6).

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 ANTI-VIOLENCE AGAINST WOMEN It refers to acts or omissions causing or
AND THEIR CHILDREN ACT likely to cause mental or emotional suffering
(Republic Act No. 9262) of the victim such as but not limited to
intimidation, harassment, stalking, damage
VIOLENCE AGAINST WOMEN to property, public ridicule or humiliation,
AND THEIR CHILDREN repeated verbal abuse and mental infidelity.
It refers to any act or a series of acts committed It includes causing or allowing the victim to
by any person against a woman who is his wife, witness the physical, sexual or psychological
former wife, or against a woman with whom the abuse of a member of the family to which
person has or had a sexual or dating the victim belongs, or to witness
relationship, or with whom he has a common pornography in any form or to witness
child, or against her child whether legitimate or abusive injury to pets or to unlawful or
illegitimate, within or without the family abode, unwanted deprivation of the right to custody
which result in or is likely to result in physical, and/or visitation of common children.
sexual, psychological harm or suffering, or
economic abuse including threats of such acts, 4. ECONOMIC ABUSE
battery, assault, coercion, harassment or It refers to acts that make or attempt to
arbitrary deprivation of liberty. make a woman financially dependent which
includes, but is not limited to the following:
It includes, but is not limited to (1) physical
violence, (2) sexual violence, (3) psychological (a) Withdrawal of financial support or
violence, and (4) economic abuse. preventing the victim from engaging in
any legitimate profession, occupation,
1. PHYSICAL VIOLENCE business or activity, except in cases
It refers to acts that include bodily or wherein the other spouse/partner
physical harm; objects on valid, serious and moral
grounds as defined in Article 73 of the
2. SEXUAL VIOLENCE Family Code;
It refers to an act which is sexual in nature,
committed against a woman or her child. It (b) Deprivation or threat of deprivation of
includes, but is not limited to: financial resources and the right to the
use and enjoyment of the conjugal,
(a) Rape, sexual harassment, acts of community or property owned in
lasciviousness, treating a woman or her common;
child as a sex object, making
demeaning and sexually suggestive (c) Destroying household property;
remarks, physically attacking the sexual
parts of the victim's body, forcing (d) Controlling the victims' own money or
her/him to watch obscene publications properties or solely controlling the
and indecent shows or forcing the conjugal money or properties.
woman or her child to do indecent acts
and/or make films thereof, forcing the PUNISHABLE ACTS OF VIOLENCE:
wife and mistress/lover to live in the Under Section 5, the crime of violence against
conjugal home or sleep together in the women and their children is committed through
same room with the abuser; any of the following acts:

(b) Acts causing or attempting to cause the 1. Causing physical harm to the woman or her
victim to engage in any sexual activity child;
by force, threat of force, physical or
other harm or threat of physical or other 2. Threatening to cause the woman or her child
harm or coercion; physical harm;

(c) Prostituting the woman or child.

3. Attempting to cause the woman or her child
3. PSYCHOLOGICAL VIOLENCE physical harm;

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4. Placing the woman or her child in fear of woman or her child. This shall include, but
imminent physical harm; not be limited to, the following acts:

5. Attempting to compel or compelling the (a) Stalking or following the woman or her
woman or her child to engage in conduct child in public or private places;
which the woman or her child has the right
to desist from or desist from conduct which (b) Peering in the window or lingering
the woman or her child has the right to outside the residence of the woman or
engage in, or attempting to restrict or her child;
restricting the woman's or her child's
freedom of movement or conduct by force or (c) Entering or remaining in the dwelling or
threat of force, physical or other harm or on the property of the woman or her
threat of physical or other harm, or child against her/his will;
intimidation directed against the woman or
child. This shall include, but not limited to, (d) Destroying the property and personal
the following acts committed with the belongings or inflicting harm to animals
purpose or effect of controlling or restricting or pets of the woman or her child; and
the woman's or her child's movement or
conduct: (e) Engaging in any form of harassment or
violence;
(a) Threatening to deprive or actually
depriving the woman or her child of 9. Causing mental or emotional anguish, public
custody to her/his family; ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
(b) Depriving or threatening to deprive the verbal and emotional abuse, and denial of
woman or her children of financial financial support or custody of minor
support legally due her or her family, or children of access to the woman's
deliberately providing the woman's child/children.
children insufficient financial support;
BATTERED WOMAN SYNDROME
(c) Depriving or threatening to deprive the
woman or her child of a legal right; It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
(d) Preventing the woman in engaging in women living in battering relationships as a
any legitimate profession, occupation, result of cumulative abuse.
business or activity or controlling the
victim's own mon4ey or properties, or BATTERED WOMAN
solely controlling the conjugal or It is a woman who is repeatedly subjected to any
common money, or properties; forceful physical or psychological behavior by a
man in order to coerce her to do something he
6. Inflicting or threatening to inflict physical wants her to do without concern for her rights.
harm on oneself for the purpose of
controlling her actions or decisions; Battered women include wives or women in any
form of intimate relationship with men (People
7. Causing or attempting to cause the woman vs. Genosa; January 15, 2004).
or her child to engage in any sexual activity
which does not constitute rape, by force or CYCLE OF VIOLENCE
threat of force, physical harm, or through The battered woman syndrome is characterized
intimidation directed against the woman or by the so-called "cycle of violence,” which has
her child or her/his immediate family; three (3) phases:
8. Engaging in purposeful, knowing, or (d) The tension-building phase;
reckless conduct, personally or through (e) The acute battering incident; and
another, that alarms or causes substantial (f) The tranquil, loving (or, at least,
emotional or psychological distress to the nonviolent) phase.

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“BWS” AS A DEFENSE
Victim-survivors who are found by the courts to 1. Barangay Protection Order (BPO)
be suffering from Battered Woman Syndrome do It refers to the protection order issued by
NOT incur any criminal and civil liability the Punong Barangay ordering the
notwithstanding the absence of any of the perpetrator to desist from committing acts
elements for the justifying circumstances of self- under Section 5 (a) and (b), R.A. 9262.
defense under the RPC (Section 26).
It is issued to the applicant on the date of
NOTE: Existence of BWS in a relationship does filing after ex parte determination of the
NOT in itself establish the legal right of a woman basis of the application.
to kill her abusive partner.
BPOs shall be effective for 15 days.
Taken altogether, the following circumstances
could satisfy the requisites of self-defense: 2. Temporary Protection Order (TPO)
4. Each of the phases of the cycle of violence
must be proven to have characterized at It refers to the protection order issued by the
least two (2) battering episodes between the court on the date of filing of the application
appellant and her intimate partner. after ex parte determination that such order
should be issued.
5. The final acute battering episode preceding
the killing of the batterer must have It shall be effective for 30 days.
produced in the battered person's mind an
actual fear of an imminent harm from her NOTE: The court shall schedule a hearing
batterer and an honest belief that she on the issuance of a PPO prior to or on the
needed to use force in order to save her life. date of the expiration of the TPO.

6. At the time of the killing, the batterer must 3. Permanent Protection Order (PPO)
have posed probable – not necessarily
immediate and actual – grave harm to the It refers to protection order issued by the
accused, based on the history of violence court after notice and hearing.
perpetrated by the former against the latter
(People vs. Genosa; January 15, 2004). It shall be effective until revoked by a court
upon application of the person in whose
VENUE favor the order was issued.
General Rule: RTC designated as Family Court
has original and exclusive jurisdiction.

Exception: In the absence of such court in the

place where the offense was committed, the
case shall be filed in the RTC where the crime or
any of its elements was committed at the option
of the compliant. (Section 7).

PROTECTION ORDER
It is an order issued for the purpose of
preventing further acts of violence against a
woman or her child and granting other
necessary relief. The reliefs granted under a
protection order serve the purpose of
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily
life, and facilitating the opportunity and ability of
the victim to independently regain control over
her life (Section 8).

Protection Orders Issued under R.A. 9262:

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 ANTI-CHILD PORNOGRAPHY ACT 3. To publish offer, transmit, sell, distribute,
(Republic Act No. 9775) broadcast, advertise, promote, export or
import any form of child pornography;
CHILD PORNOGRAPHY
It refers to any representation, whether visual, 4. To possess any form of child pornography
audio, or written combination thereof, by with the intent to sell, distribute, publish, or
electronic, mechanical, digital, optical, magnetic broadcast: Provided, That possession of
or any other means, of child engaged or three (3) or more articles of child
involved in real or simulated explicit sexual pornography of the same form shall be
activities. prima facie evidence of the intent to sell,
distribute, publish or broadcast;
 CHILD
It refers to a person below 18 years of age, 5. To knowingly, willfully and intentionally
or over but is unable to fully take care of provide a venue for the commission of
himself/herself from abuse, neglect, cruelty, prohibited acts as, but not limited to dens,
exploitation or discrimination because of a private rooms, cubicles, cinemas, houses or
physical or mental disability or condition. in establishments purporting to be a
legitimate business;
For the purpose of this Act, a child shall also
refer to: 6. For film distributors, theaters and
(a) A person, regardless of age, who is telecommunication companies, by
presented, depicted or portrayed as a themselves or in cooperation with other
child as defined herein; and entities, to distribute any form of child
(b) Computer-generated, digitally or pornography;
manually crafted images or graphics of
a person who is represented or who is 7. For a parent, legal guardian or person
made to appear to be a child as defined having custody or control of a child to
herein. knowingly permit the child to engage,
participate or assist in any form of child
 EXPLICIT SEXUAL ACTIVITY pornography;
It includes actual or simulated –
8. To engage in the luring or grooming of a
(1) Sexual intercourse or lascivious act child;
including, but not limited to, contact
involving genital to genital, oral to NOTES:
genital, anal to genital, or oral to anal,  "Luring" refers to the act of
whether between persons of the same communicating, by means of a
or opposite sex; computer system, with a child or
(2) Bestiality; someone who the offender believes to
(3) Masturbation; be a child for the purpose of facilitating
(4) Sadistic or masochistic abuse; the commission of sexual activity or
(5) Lascivious exhibition of the genitals, production of any form of child
buttocks, breasts, pubic area and/or pornography.
anus; or
(6) Use of any object or instrument for  "Grooming" refers to the act of
lascivious acts. preparing a child or someone who the
offender believes to be a child for sexual
PROHIBITED ACTS activity or sexual relationship by
1. To hire, employ, use, persuade, induce or communicating any form of child
coerce a child to perform in the creation or pornography. It includes online
production of any form of child pornography; enticement or enticement through any
other means.
2. To produce, direct, manufacture or create
any form of child pornography; 9. To engage in pandering of any form of child
pornography

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 NOTE: "Pandering" refers to the act of its maximum duration; Provided, That this
offering, advertising, promoting, provision shall NOT apply to Section 4(g);
representing or distributing through any
means any material or purported material (b) If the offender is a juridical person, the
that is intended to cause another to believe penalty shall be imposed upon the owner,
that the material or purported material manager, partner, member of the board of
contains any form of child pornography, directors and/or any responsible officer who
regardless of the actual content of the participated in the commission of the crime
material or purported material. (Section 3(j)). or shall have knowingly permitted or failed to
prevent its commissions;
10. To willfully access any form of child
pornography; (c) If the offender is a foreigner, he/she shall be
immediately deported after the complete
11. To conspire to commit any of the prohibited service of his/her sentence and shall forever
acts stated in this section. be barred from entering the country; and

NOTE: Conspiracy to commit any form of (d) The penalty provided for in this Act shall be
child pornography shall be committed when imposed in its maximum duration if the
two (2) or more persons come to an offender is a public officer or employee.
agreement concerning the commission of (Section 16, R.A. 9775).
any of the said prohibited acts and decide to
commit it.

12. To possess any form of child pornography.

SYNDICATED CHILD PORNOGRAPHY

It is deemed committed by a syndicate if carried
out by a group of three (3) or more persons
conspiring or confederating with one another
(Section 5).

OTHER PERSONS LIABLE:

1. An internet content host who knowingly,
willfully and intentionally violates Sec. 11;
2. Any internet service provider (ISP) found
guilty of willfully and knowingly failing to
comply with the notice and installation
requirements under Section 9; and
3. Any mall owner-operator and owner or
lessor of other business establishments
including photo developers, information
technology professionals, credit card
companies and banks, found guilty of
willfully and knowingly failing to comply with
notice requirements under Section 10; and
4. Any person who violates the confidentiality
provisions under Section 13.

COMMON PENAL PROVISIONS

(a) If the offender is a parent, ascendant,
guardian, step-parent or collateral
relativewithin the third degree of
consanguinity or affinity or any person
having control or moral ascendancy over the
child, the penalty provided herein shall be in

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 ANTI-HAZING LAW (a) The officers and members of the
(Republic Act No. 8049) fraternity, sorority or organization who
actually participated in the infliction of
HAZING physical harm;
It is an initiation rite or practice as a prerequisite
for admission into membership in a fraternity, (b) The officers, former officers, or
sorority or organization by placing the recruit, alumni of the organization, group,
neophyte or applicant in some embarrassing or fraternity or sorority who actually
humiliating situations such as forcing him to do planned the hazing although not
menial, silly, foolish and other similar tasks or present when the acts constituting the
activities or otherwise subjecting him to physical hazing were committed;
or psychological suffering or injury.
(c) A fraternity or sorority's adviser who
NOTE: BUT, the physical, mental and is present when the acts constituting the
psychological testing and training procedure and hazing were committed and failed to
practices to determine and enhance the take action to prevent the same from
physical, mental and psychological fitness of occurring; and
prospective regular members of the AFP and the
PNP as approved by the DND Secretary and the (d) The parents, if the hazing is held in the
NPC, duly recommended by the AFP Chief of home of one of the officers or
Staff and the PNP Director General shall NOT members of the fraternity, sorority or
be considered as hazing. organization, who have actual
knowledge of the hazing conducted
 ORGANIZATION therein but failed to prevent the same.
This includes any club, or the AFP, PNP,
PMA, or officer and cadet corp of the 6. ACCOMPLICES
Citizen's Military Training and Citizen's Army (a) The owner of the place where the
Training. hazing is conducted, when he has
actual knowledge of the hazing
RULES ON THE CONDUCT OF HAZING: conducted therein but failed to take any
No hazing in any form or manner shall be action to prevent the same from
allowed without prior written notice to the school occurring; and
authorities seven (7) days before the conduct of
such initiation. (b) The school authorities including
faculty members who consent to the
The written notice shall indicate: hazing, or who have actual knowledge
(a) The period of the initiation activities which thereof but failed to take any action to
shall not exceed three (3) days, prevent the same.
(b) The names of those to be subjected to such
activities, and PRESUMPTION:
(c) An undertaking that no physical violence The presence of any person during the hazing is
shall be employed during the rites. (Section prima facie evidence of participation therein as a
2) principal unless he prevented the commission of
the prohibited acts.
The head of the school or organization or their
representatives must assign at least two (2) NOTE: Any person charged under this provision
representatives of the school or organization, as shall NOT be entitled to the mitigating
the case may be, to be present during the circumstance that there was no intention to
initiation. It is the duty of such representative to commit so grave a wrong.
see to it that no physical harm of any kind shall
be inflicted upon a recruit, neophyte or applicant.
(Section 3)

PERSONS LIABLE:
5. PRINCIPALS

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 SPECIAL PROTECTION OF CHILDREN (d) Threatening or using violence towards a
AGAINST ABUSE, EXPLOITATION child to engage him as a prostitute; or
AND DISCRIMINATION ACT
(Republic Act No. 7610) (e) Giving monetary consideration goods or
other pecuniary benefit to a child with
CHILD ABUSE intent to engage such child in
It refers to the maltreatment, whether habitual or prostitution.
not, of the child which includes any of the
following: 2. Commiting the act of sexual intercourse of
lascivious conduct with a child exploited in
(a) Psychological and physical abuse, neglect, prostitution or subject to other sexual abuse;
cruelty, sexual abuse and emotional
maltreatment; NOTES:
 When the victim is under 12 years of
(b) Any act by deeds or words which debases, age, the perpetrators shall be
degrades or demeans the intrinsic worth and prosecuted under Article 335, par. 3 for
dignity of a child as a human being; rape and Article 336 of RPC for rape or
lascivious conduct, as the case may be.
(c) Unreasonable deprivation of his basic needs  The penalty for lascivious conduct when
for survival, such as food and shelter; or the victim is under 12 years of age shall
be reclusion temporal in its medium
(d) Failure to immediately give medical period; and
treatment to an injured child resulting in
serious impairment of his growth and 3. Deriving profit or advantage therefrom,
development or in his permanent incapacity whether as manager or owner of the
or death. (Section 3(b)). establishment where the prostitution takes
place, or of the sauna, disco, bar, resort,
PUNISHABLE ACTS place of entertainment or establishment
serving as a cover or which engages in
CHILD PROSTITUTION AND prostitution in addition to the activity for
OTHER SEXUAL ABUSE which the license has been issued to said
establishment
NOTE: Children, whether male or female, who
for money, profit, or any other consideration or 4. Attempting to commit child prostitution.
due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse (a) There is an attempt to commit child
or lascivious conduct, are deemed to be children prostitution, under paragraph (a),
exploited in prostitution and other sexual abuse. Section 5 when any person who, not
being a relative of a child, is found alone
1. Engaging in or promoting, facilitating or with the said child inside the room or
inducing child prostitution which include, but cubicle of a house, an inn, hotel, motel,
are not limited to, the following: pension house, apartelle or other similar
establishments, vessel, vehicle or any
(a) Acting as a procurer of a child prostitute; other hidden or secluded area under
circumstances which would lead a
(b) Inducing a person to be a client of a reasonable person to believe that the
child prostitute by means of written or child is about to be exploited in
oral advertisements or other similar prostitution and other sexual abuse; and
means;
(b) There is also an attempt to commit child
(c) Taking advantage of influence or prostitution, under paragraph (b),
relationship to procure a child as Section 5 when any person is receiving
prostitute; services from a child in a sauna parlor
or bath, massage clinic, health club and
other similar establishments.

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CHILD TRAFFICKING Other acts of neglect, abuse, cruelty or
exploitation and other conditions prejudicial to
1. Trading and dealing with children including, the child's development –
but not limited to, the act of buying and
selling of a child for money, or for any other 1. Any other acts of child abuse, cruelty or
consideration, or barter. exploitation or to be responsible for other
conditions prejudicial to the child's
2. Attempt to commit child trafficking. development including those covered by
Article 59, P.D. 603, as amended, but not
There is an attempt: covered by the Revised Penal Code.
(a) When a child travels alone to a foreign
country without valid reason therefor 2. Any person who shall keep or have in his
and without clearance issued by the company a minor, 12 years or under, or who
Department of Social Welfare and is 10 years or more his junior in any public
Development or written permit or or private place, hotel, motel, beer joint,
justification from the child's parents or discotheque, cabaret, pension house, sauna
legal guardian; or massage parlor, beach and/or other
tourist resort or similar places
(b) When a person, agency, establishment
or child-caring institution recruits women NOTE: This provision shall NOT apply to
or couples to bear children for the any person who is related within the fourth
purpose of child trafficking; or degree of consanguinity or affinity or any
bond recognized by law, local custom and
(c) When a doctor, hospital or clinic official tradition or acts in the performance of a
or employee, nurse, midwife, local civil social, moral or legal duty.
registrar or any other person simulates
birth for the purpose of child trafficking; 3. Any person who shall induce, deliver or offer
or a minor to any one prohibited by this Act to
keep or have in his company a minor as
(d) When a person engages in the act of provided in the preceding paragraph
finding children among low-income
families, hospitals, clinics, nurseries, 4. Any person, owner, manager or one
day-care centers, or other child-during entrusted with the operation of any public or
institutions who can be offered for the private place of accommodation, whether for
purpose of child trafficking. occupancy, food, drink or otherwise,
including residential places, who allows any
OBSCENE PUBLICATIONS person to take along with him to such place
AND INDECENT SHOWS or places any minor herein described.

1. Hiring, employing, using, persuading, 5. Any person who shall use, coerce, force or
inducing or coercing a child to perform in intimidate a street child or any other child to;
obscene exhibitions and indecent shows,
whether live or in video, or model in obscene (a) Beg or use begging as a means of
publications or pornographic materials, or living;
selling or distributing said materials.
(b) Act as conduit or middlemen in drug
2. Any ascendant, guardian, or person trafficking or pushing; or
entrusted in any capacity with the care of a
child who shall cause and/or allow such (c) Conduct any illegal activities.
child to be employed or to participate in an
obscene play, scene, act, movie or show or NOTE: Victims of acts committed under Section
in any other acts. 10 shall be entrusted to DSWD.

OTHER ACTS OF ABUSE

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 JUVENILE JUSTICE AND WELFARE ACT
(Republic Act No. 9344) The child shall be subjected to a community-
based intervention program supervised by the
CHILD local social welfare and development officer,
 It refers to a person under the age of UNLESS the best interest of the child requires
eighteen (18) years (Sec. 4(c)); or the referral of the child to a youth care facility
 Persons above 18 years of age, but are or ‘Bahay Pag-asa’ managed by LGUs or
unable to protect themselves from abuse licensed and/or accredited NGOs monitored by
due to physical or mental defect (under R.A. the DSWD.
7610; People v. Abell, 2009).
The local SWDO shall determine the appropriate
CLASSIFICATIONS OF CHILDREN: programs for the child, in consultation with the
1. CHILD AT RISK child and the person having custody over the
It refers to a child who is vulnerable to and child.
at the risk of committing criminal offenses
because of personal, family and social If the parents, guardians or nearest relatives
circumstances (Sec. 4(d)). cannot be located, or if they refuse to take
custody, the child may be released to any of the
2. CHILD IN CONFLICT WITH THE LAW following:
It refers to a child who is alleged as,
accused of, or adjudged as, having (a) A duly registered nongovernmental or
committed an offense under Philippine laws. religious organization;
(b) A barangay official or a member of the
EXEMPTION FROM CRIMINAL LIABILITY Barangay Council for the Protection of
2. A child 15 years of age or under at the time Children (BCPC);
of the commission of the offense; and (c) A local social welfare and development
3. A child above 15 years but below 18 years officer; or, when and where appropriate, the
of age at the time of the commission of the DSWD.
offense, unless he/she has acted with
discernment. (Section 6, as amended). If the child has been found by the local SWDO to
be dependent, abandoned, neglected or abused
NOTES: by his/her parents and the best interest of the
child requires that he/she be placed in a youth
 However, they shall be subjected to the
care facility or ‘Bahay Pag-asa’, the child’s
intervention program under Section 20.
parents or guardians shall execute a written
authorization for the voluntary commitment of
 The exemption from criminal liability herein
the child.
established does NOT include exemption
from civil liability.
 If the child has no parents or guardians or if
they refuse or fail to execute the written
OFFENSES NOT APPLICABLE TO MINORS
authorization for voluntary commitment, the
1. Prostitution under Article 202, RPC (NOTE:
proper petition for involuntary commitment
Vagrancy is NO longer a crime by virtue of
shall be immediately filed by the DSWD or
R.A. 10158);
the LSWDO pursuant to P.D. 603 (The Child
2. Mendicancy under P.D. 1563;
and Youth Welfare Code) and the Supreme
3. Sniffing rugby under P.D. 1619.
Court rule on commitment of children:
Provided, further, That the minimum age for
TREATMENT OF CHILDREN BELOW THE children committed to a youth care facility or
AGE OF CRIMINAL RESPONSIBILITY ‘Bahay Pag-asa’ shall be 12 years old.”
The authority which will have an initial contact NOTES:
with the child, in consultation with the local  A child who is above 12 years of age up to
social welfare and development officer, has the 15 years of age and who committed serious
duty to immediately release the child to the crimes shall be deemed a NEGLECTED
custody of his/her parents or guardian, or in the child, and shall be mandatorily placed in a
absence thereof, the child’s nearest relative. special facility (Intensive Juvenile

305
 Intervention and Support Center) (Sec. 20-
A, R.A. 10630).

Serious crimes include –

(a) Parricide,
(b) Murder,
(c) Infanticide,
(d) Kidnapping and serious illegal detention
(victim is killed or raped),
(e) Robbery, with homicide or with rape,
(f) Destructive arson,
(g) Rape, or
(h) Carnapping where the driver or
occupant is killed or raped, or
(i) Offenses under R.A. 9165 punishable
by more than 12 years imprisonment.

REPETITION OF OFFENSES (Sec. 20-B)

A child who is above 12 years of age up to 15
years of age and who commits an offense for
the second time or oftener: Provided, That the
child was previously subjected to a community-
based intervention program, shall be deemed a
NEGLECTED CHILD, and shall undergo an
intensive intervention program.”

EXPLOITATION OF CHILDREN
Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of
the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty prescribed
by law for the crime committed in its maximum
period. (Section 20-C).

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 ANTI-WIRETAPPING ACT preceding sections of this Act shall not be
(Republic Act No. 4200) admissible in evidence in any judicial, quasi-
judicial, legislative or administrative hearing or
PERSONS LIABLE: investigation (Section 4).
1. Any person, not being authorized by all the
parties to any private communication or
spoken word, who taps any wire or cable, or,
by any other device or arrangement, secretly
overhears, intercepts, or records such
communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
or tape recorder, or however otherwise
described.

2. Any person who –

(a) Knowingly possesses any tape record,
wire record, disc record, or any other
such record, or copies thereof, of any
communication or spoken word secured
in the manner prohibited by this law; or
(b) Replays the same for any other person
or persons; or
(c) Communicates the contents thereof,
either verbally or in writing, or
(d) Furnishes transcriptions thereof,
whether complete or partial, to any other
person.

3. Any person who –

(a) Willfully or knowingly does, or aids,
permits, or causes to be done any of the
acts declared to be unlawful in Section
1, or
(b) Violates the provisions of Section 3 or of
any order issued thereunder, or
(c) Aids, permits, or causes such violation
of Section 3 or orders issued.

EXCEPTIONS TO THE ABOVE ACTS:

1. Recording of public communications or
those involving public interests; and
2. When the punishable act is done by any
peace officer, who is authorized by a written
order of the Court, in crimes of treason,
espionage, war, piracy, mutiny, rebellion,
sedition, kidnapping, and other crimes
against national security.

EXCLUSIONARY RULE
Any communication or spoken word, or the
existence, contents, substance, purport, effect,
or meaning of the same or any part thereof, or
any information therein contained obtained or
secured by any person in violation of the

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 ANTI-FENCING LAW ROBBERY
(Presidential Decree No. 1612) A fence is punished An accessory under
as a principal under the RPC is punished
FENCING P.D. 1612 and the two degrees lower
It is the act of any person who, with intent to penalty is higher. than the principal,
gain for himself or for another, shall buy, UNLESS he bought or
receive, possess, keep, acquire, conceal, sell, or profited from the
dispose of, or shall buy and sell, or in any other proceeds of theft or
manner deal any article, item, object or anything robbery arising from
of value which he knows, or should be known to robbery in Philippine
him, to have been derived from the proceeds of Highways under P.D.
the crime of robbery or theft. 532, where he is
punished as an
PRESUMPTION: accomplice, hence the
Mere possession of any good, article, item, penalty is one degree
object, or anything of value which has been the lower.
subject of robbery or thievery shall be prima
Fencing is malum
facie evidence of fencing.
prohibitum and
therefore there is no
ELEMENTS:
need to prove
1. Robbery or theft has been committed.
criminal intent of the
2. The accused, who is NOT a principal or
accused.
accomplice in the crime of robbery or theft,
buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and
sells, or in any manner deals in any article,
item, object, or anything of value, which has
been derived from the proceeds of the said
crime.
3. The accused knows or should have known
that the said article, item, object or anything
of value has been derived from the proceeds
of robbery or theft.
4. There is, on the part of the accused, intent
to gain for himself or another.

CLEARANCE OR PERMIT TO SELL:

(a) All stores, establishments or entities dealing
in the buy and sell of any good, article, item,
object or anything of value shall, before
offering the same for sale to the public,
secure the necessary clearance or permit
from the station commander of the
Integrated National Police in the town or city
where such store, establishment or entity is
located.
(b) Any person who fails to secure the required
clearance/permit shall also be punished as a
fence.

NOTE: Robbery or theft and fencing are

separate and distinct offenses.

ACCESSORY TO
FENCE
THEFT OR

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 BOUNCING CHECKS LAW  Lack of written notice of dishonor is fatal. A
(Batas Pambansa Blg. 22) mere oral notice or demand to pay would
appear to be insufficient for conviction.
PUNISHABLE ACTS: (Domagsang vs. Court of Appeals;
1. Making or drawing and issuing a check December 5, 2000).
knowing at the time of issue that he does not
have sufficient funds.  Notice of dishonor to the corporation is NOT
notice to officer who issued the check
ELEMENTS: (Marigumen v. People; May 26, 2005).
(a) A person draws a check
(b) The check is made or drawn and issued PRESUMPTION OF KNOWLEDGE:
to apply on account or for value. The making or drawing and issuance of a check
(c) The person knows that at the time of payment of which is refused by the drawee bank
issue he does not have sufficient funds because of insufficient funds in or credit with
in or credit with the drawee bank for the such bank, when presented within 90 days from
payment of such check upon its the date of the check, shall be prima facie
presentment. knowledge of such insufficiency of funds,
(d) The check is subsequently dishonored UNLESS the drawer or maker pays the holder
by the drawee bank for insufficiency of the amount due thereon, or makes
funds or credit, or would have been arrangements for the payment thereof by the
dishonored for the same reason had not drawee, within five (5) banking days after receipt
the drawer, without any valid reason, of notice that the check was dishonored.
ordered the bank to stop payment. (Section 2, B.P. 22).

NOTE: EXCEPTIONS TO THIS PRESUMPTION

Check may be made or drawn and issued: This presumption of knowledge of insufficiency
(a) To apply on account: Hence, The of funds does NOT arise:
accused will be liable for the dishonor of 1. When the check is presented after 90 days
the check even if it was issued in from the date of the check;
payment of a pre-existing legal 2. When the drawer or maker pays the holder
obligation as he issued that check “to the amount due thereon within five (5)
apply on account. banking days after receipt of notice that the
(b) For value. check was dishonored, or
3. When the drawer makes arrangements for
2. Failing to keep sufficient funds to cover the payment thereof by the drawee, within
check if presented within a period of 90 days five (5) banking days after receipt of notice
from the date appearing thereon. that the check was dishonored.
4. When notice of non-payment by the drawee
ELEMENTS: bank is not sent to the maker or drawer of
(a) A person has sufficient funds with the the check, or if there is no proof as to when
drawee bank when he makes or issues such notice was received by the drawer,
a check since there would be no way of reckoning
(b) He fails to keep sufficient funds or to the crucial 5-day period (Danao vs. Court of
maintain a credit to cover the full Appeals; June 6, 2001).
amount if presented within a period of
90 days from the date of appearing UnderSC Administrative Circular 12-2000,
thereon. where the circumstances of both the offense and
(c) The check is dishonored. the offender clearly indicate good faith or a clear
mistake of fact without taint of intelligence, the
NOTES: imposition of fine alone should be considered as
 The gravamen of B.P. 22 is the issuance of the more appropriate penalty.
a bum check, not the nonpayment of the
obligation. NOTE: It merely lays down a rule of preference
in the application of the penalties provided for in
B.P. 22. The circular does NOT delete the
penalty of imprisonment, for should the judge

309
decide that imprisonment is the more liable. indorser are both
appropriate penalty, the circular ought not to be liable.
a hindrance (as clarified by SC Administrative
Drawer is given 5 Drawer is given 3 days
Circular No. 13-2001).
days to make to make arrangements
arrangements of of payment after
OTHER NOTES:
payment after receipt of notice of
 Prosecution under B.P. 22 shall be without receipt of notice of dishonor.
prejudice to any liability for any violation of dishonor.
the Revised Penal Code.

 The fine under B.P. 22 is based on the

amount of the check and is without regard to
the amount of damage caused.

 Double jeopardy does NOT apply because

RPC is a distinct crime from B.P. 22. Deceit
and damage are essential elements of RPC,
which are not required in B.P. 22. (Nierras
vs. Dacuycuy, 1990).

 The element of damage or prejudice

capable of pecuniary estimation may consist
in:
1. The offended party being deprived of his
money or property, as result of the
fraud;
2. Disturbance in property right; or
3. Temporary prejudice.

B.P. 22 ESTAFA
Malum prohibitum Mala in se
It is a crime against It is a crime against
public interest. property.
Deceit is not Deceit is an element.
required.
It punishes the The act constituting
making or drawing the offense is
of any check that is postdating or issuing a
subsequently check in payment of
dishonored, an obligation when the
whether issued in offender has no funds
payment of an in the bank or his
obligation or to funds deposited
merely guarantee therein were not
an obligation. sufficient to cover the
amount of the check.
There is violation if There is no violation if
check is issued in check is issued in
payment of a pre- payment of a pre-
existing obligation. existing obligation.
Damage is not There must be
required. damage.
Only the drawer is The drawer and

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 ANTI-CARNAPPING LAW connives with, or permits the commission of
(Republic Act No. 6539) the unlawful acts.

PUNISHABLE ACTS: REGISTRATION

Every owner or possessor of unregistered motor
1. CARNAPPING vehicle or parts thereof in knock down condition
It is the taking, with intent to gain, of a motor shall register with the LTC the –
vehicle belonging to another, without the (a) Motor vehicle engine,
latter's consent or by means of violence (b) Engine block, and
against or intimidation of persons, or by (c) Chassis.
using force upon things.
NOTE: All owners of motor vehicles in all
ELEMENTS OF CARNAPPING: cities and municipalities are required to
1. There is actual taking of the vehicle. register their cars with the local police
2. The vehicle belongs to a person other without paying any charges.
than the offender himself.
3. The taking is – All motor vehicle engines, engine blocks and
(a) Without the consent of the owner; or chassis not registered shall be considered as
(b) Committed by means of violence untaxed importation or coming from an illegal
against or intimidation of persons, or source or carnapped, and shall be confiscated in
by using force upon things. favor of the Government.
4. The offender intends to gain from the
taking of the vehicle. (People vs. Lagat; Every sale, transfer, conveyance, substitution or
September 4, 2011). replacement of a motor vehicle engine, engine
block or chassis of a motor vehicle shall be
2. Defacing or otherwise tampering with the registered with the Land Transportation
original or registered serial number of motor Commission (Section 5).
vehicle engines, engine blocks and chassis.

NOTE: "Defacing or tampering with" a serial

number is the erasing, scratching, altering or
changing of the original factory-inscribed
serial number on the motor vehicle engine,
engine block or chassis of any motor
vehicle. Whenever any motor vehicle is
found to have a serial number on its motor
engine, engine block or chassis which is
different from that which is listed in the
records of the Bureau of Customs for motor
vehicles imported into the Philippines, that
motor vehicle shall be considered to have a
defaced or tampered with serial number.

PERSONS LIABLE:
1. Any person, including aliens, who violated
any of the provisions of this Act;
2. Juridical person who violates any of the
provisions of this Act shall be punished
through its president, secretary, members of
the board, or any officer who directly
participated in the violation; and
3. Any government official or employee who
directly commits the unlawful acts, or is
guilty of gross negligence of duty, or

311
 ANTI-CATTLE RUSTLING LAW 1. Illegal Fishing:
(Presidential Decree No. 533) It shall be unlawful for any person to catch,
take or gather or cause to be caught, taken,
CATTLE RUSTLING or gathered fish or fishery/aquatic products
Itis the (a) taking away (b) by means, methods in the Philippine waters with the use of
or schemes, (c) without the consent of the explosives, obnoxious or poisonous
owner/raiser, (d) of any large cattle whether or substances or by the use of electricity.
not for profit, or whether committed with or
without violence against or intimidation of person 2. Dealing in Illegally Caught Fish or
or force upon things. It includes killing of large Fishery or Aquatic Products:
cattle, taking its meat or hide without the Any person who knowingly possesses, deals
consent of owner/raiser. in, sells or in any manner disposes of, for
profit, any fish or fishery/aquatic products
LARGE CATTLE which have been illegally caught, taken or
It includes cow, carabao, horse, mule, ass, other gathered shall upon conviction by a
domesticated member of bovine family. competent court, be punished by
imprisonment of two (2) to six (6) years.
NOTE: A goat is not included because it is not
large. (Boado, supra.) HIGHGRADING OR THEFT OF GOLD
(Presidential Decree No. 581)
PRESUMPTION
Every person in possession of large cattle shall HIGHGRADING OR THEFT OF GOLD
upon demand by competent authorities exhibit It is the act of any person who shall take gold-
required documents. Failure to do so is prima bearing ores or rocks from a mining claim or
facie evidence that large cattle in possession are mining camp or shall remove, collect or gather
fruits of crime of cattle rustling. gold-bearing ores or rocks in place or shall
extract or remove the gold; from such ores or
NOTES: rocks, or shall prepare and treat such ores or
 Killing of owner is absorbed in cattle rustling. rocks to recover or extract the gold content
(Boado, supra.) thereof, without the consent of the operator of
the mining claim.
 Considering that the gravamen of the crime
is the taking or killing of large cattle or taking ELEMENTS:
its meat or hide without the consent of the 1. The offender commits any of the following:
owner or raiser, conviction for the same (a) Take gold- bearing ores or rocks from a
need only be supported by the fact of taking mining claim or mining camp;
without the cattle owner’s consent. There is (b) Remove, collect or gather gold-bearing
a disputable presumption that a person ores or rocks in place;
found in possession of a thing taken in the (c) Extract or remove the gold; from such
doing of a recent wrongful act is the taker ores or rocks; or
and the doer of the whole act (Ernesto Pil- (d) Prepare and treat such ores or rocks to
ey vs. People, 2007). recover or extract the gold content
thereof.
LAW ON ILLEGAL FISHING 2. Such acts are without the consent of the
(Presidential Decree No. 534) operator of the mining claim.

ILLEGAL FISHING PRESUMPTION:

It is the act of any person to catch, take or Unauthorized possession by any person within a
gather or cause to be caught, taken or gathered mining claim or mining camp of gold-bearing
fish or fishery/aquatic products in Philippine ores or rocks, or of gold extracted or removed
waters with the use of explosives, obnoxious or from such ores or rocks, shall be prima facie
poisonous substances or by the use of evidence that they have been stolen from the
electricity. operator of a mining claim. (Section 2)

PROHIBITION:

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 ANTI-PHOTO AND VIDEO VOYEURISM ACT The prohibition under paragraphs (b), (c) and (d)
(Republic Act No. 9995) shall apply notwithstanding that consent to
record or take photo or video coverage of the
PHOTO OR VIDEO VOYEURISM same was given by such person/s. Any person
It means the act of taking photo or video who violates this provision shall be liable for
coverage of a person or group of persons photo or video voyeurism as defined herein.
performing sexual act or any similar activity or of (Section 4, R.A. 9995).
capturing an image of the private area of a
person or persons without the latter's consent, EXEMPTION:
under circumstances in which such person/s It is not unlawful for any peace officer, who is
has/have a reasonable expectation of privacy, or authorized by a written order of the court, to use
the act of selling, copying, reproducing, the record or any copy thereof as evidence in
broadcasting, sharing, showing or exhibiting the any civil, criminal investigation or trial of the
photo or video coverage or recordings of such crime of photo or video voyeurism.
sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
device without the written consent of the
person/s involved, notwithstanding that consent
to record or take photo or video coverage of
same was given by such persons.

PROHIBITED ACTS

It is hereby prohibited and declared unlawful for

any person:

(a) To take photo or video coverage of a person

or group of persons performing sexual act or
any similar activity or to capture an image of
the private area of a person/s such as the
naked or undergarment clad genitals, public
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s
has/have a reasonable expectation of
privacy;

(b) To copy or reproduce, or to cause to be

copied or reproduced, such photo or video
or recording of sexual act or any similar
activity with or without consideration;

(c) To sell or distribute, or cause to be sold or

distributed, such photo or video or recording
of sexual act, whether it be the original copy
or reproduction thereof; or

(d) To publish or broadcast, or cause to be

published or broadcast, whether in print or
broadcast media, or show or exhibit the
photo or video coverage or recordings of
such sexual act or any similar activity
through VCD/DVD, internet, cellular phones
and other similar means or device.

313
 CYBERCRIME PREVENTION ACT computer data or program, electronic
(Republic Act No. 10175) document, or electronic data message,
without right or authority, including the
The Cybercrime Prevention Act of 2012 (R.A. introduction or transmission of viruses.
10175) provides for three (3) classifications for
cybercrimes: 5. Misuse of Devices:
(a) Offenses against the confidentiality,
integrity, and availability of computer data (a) The use, production, sale, procurement,
and systems; importation, distribution, or otherwise
(b) Computer-related offenses; and making available, without right, of:
(c) Content-related offenses. The law also (1) A device, including a computer program,
provides for a couple of other offenses. designed or adapted primarily for
purposes of committing any of the
OFFENSES AGAINST THE offenses under this Act; or
CONFIDENTIALITY, INTEGRITY AND (2) A computer password, access code, or
AVAILABILITY OF COMPUTER similar data by which the whole or any
DATA AND SYSTEMS part of a computer system is capable of
(Section 4(a)) being accessed with intent that it be
used for the purpose of committing any
of the offenses under this Act;
1. Illegal Access (b) The possession of an item referred to in [i-ii]
It is the access to the whole or any part of a above with intent to use said devices for the
computer system without right. purpose of committing any of the offenses
under this Section
2. Illegal Interception:
It isthe interception made by technical 6. Cyber-Squatting: the acquisition of a
means without right of any non-public domain name over the internet in bad faith
transmission of computer data to, from, or to profit, mislead, destroy reputation, and
within a computer system including deprive others from registering the same, if
electromagnetic emissions from a computer such a domain name is:
system carrying such computer data.
(b) Similar, identical, or confusingly similar
NOTE: Interception refers to listening to, to an existing trademark registered with
recording, monitoring or surveillance of the the appropriate government agency at
content of communications, including the time of the domain name
procuring of the content of data, either registration:
directly, through access and use of a (c) Identical or in any way similar with the
computer system or indirectly, through the name of a person other than the
use of electronic eavesdropping or tapping registrant, in case of a personal name;
devices, at the same time that the and
communication is occurring. (d) Acquired without right or with
intellectual property interests in it
3. Data Interference:
It is the intentional or reckless alteration,
damaging, deletion or deterioration of COMPUTER-RELATED OFFENSES
computer data, electronic document, or (Section 4(b))
electronic data message, without right,
including the introduction or transmission of 1. Computer-related Forgery
viruses.
(a) The input, alteration, or deletion of any
4. System Interference: computer data without right resulting in
It is the intentional alteration or reckless inauthentic data with the intent that it be
hindering or interference with the functioning considered or acted upon for legal
of a computer or computer network by purposes as if it were authentic,
inputting, transmitting, damaging, deleting, regardless whether or not the data is
deteriorating, altering or suppressing directly readable and intelligible; or

314
 attempts to commit any of the offenses
(b) The act of knowingly using computer enumerated in this Act shall also be held
data which is the product of computer- liable.
related forgery as defined herein, for the
purpose of perpetuating a fraudulent or JURISDICTION
dishonest design. (Section 21)

The RTC shall have jurisdiction over any

2. Computer-related Fraud violation of the provisions of this Act, including
It is the unauthorized input, alteration, or any violation committed by a Filipino national
deletion of computer data or program or regardless of the place of commission.
interference in the functioning of a computer
system, causing damage thereby with IMPLICATION: Any RTC from anywhere in
fraudulent intent: Provided, That if no the Philippines can exercise jurisdiction over
damage has yet been caused, the penalty cybercrime cases, wherever the crime was
imposable shall be one (1) degree lower. committed.

There shall be designated special cybercrime

CONTENT-RELATED OFFENSES courts manned by specially trained judges to
(Section 4(c)) handle cybercrime cases.

1. Cybersex IMPLICATION: The RTC takes cognizance

It is the willful engagement, maintenance, of cybercrime cases by acting as a special
control, or operation, directly or indirectly, of cybercrime court.
any lascivious exhibition of sexual organs or
sexual activity, with the aid of a computer WHEN JURISDICTION LIES:
system, for favor or consideration. (a) If any of the elements was committed within
the Philippines or committed with the use of
2. Child Pornography any computer system wholly or partly
It is the unlawful or prohibited acts defined situated in the country; or
and punishable by R.A. 9775 (Anti-Child
Pornography Act of 2009), committed (b) When by such commission any damage is
through a computer system: Provided, That caused to a natural or juridical person who,
the penalty to be imposed shall be (1) one at the time the offense was committed, was
degree higher than that provided for in R.A. in the Philippines
9775.
NOTES: In Dissini v. Secretary of Justice
3. Libel (February 11, 2014), the Supreme Court
It is the unlawful or prohibited acts of libel as declared the following Sections of R.A. 10175 to
defined in Article 355 of the RPC as be UNCONSTITUTIONAL:
amended, committed through a computer
system or any other similar means which 1. Section 4(c)(3) which pertains to unsolicited
may be devised in the future commercial communications;
2. Section 12 which pertains to real-time
OTHER OFFENSES collection of traffic data; and
(Section 5) 3. Section 19 which pertains to restricting or
blocking access to computer data.
1. Aiding or abetting in the commission of
cybercrime: any person who willfully abets
or aids in the commission of any of the
offenses enumerated in this Act shall be
held liable

2. Attempt in the commission of

cybercrime: any person who willfully

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 ANTI-BULLYING ACT
(Republic Act No. 10627)

BULLYING
It refers to any severe or repeated use by one or
more students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another student
that has the effect of actually causing or placing
the latter in reasonable fear of physical or
emotional harm or damage to his property;
creating a hostile environment at school for the
other student; infringing on the rights of the other
student at school; or materially and substantially
disrupting the education process or the orderly
operation of a school.

Bullying includes, but is not limited to, the

following acts:

(a) Any unwanted physical contact between the

bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling,
headlocks, inflicting school pranks, teasing,
fighting and the use of available objects as
weapons;

(b) Any act that causes damage to a victim’s

psyche and/or emotional well-being;

(c) Any slanderous statement or accusation that

causes the victim undue emotional distress
like directing foul language or profanity at
the target, name-calling, tormenting and
commenting negatively on victim’s looks,
clothes and body; and

(d) Cyber-bullying or any bullying done through

the use of technology or any electronic
means.

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