MEMORY AID IN sovereignty itself, otherwise it would lead to political suicide and provide

C R I M I N A L L A W II a perfect excuse for powerful nations to invade and oppress weaker ARTICLE 117 -- Espionage
states with impunity. Two ways of committing espionage
By: Atty. Teodoro V. Angel a) By entering without authority a warship, for, naval or
People vs. Perez, 83 PR 314. military establishment or reservation to obtain any information, plans,
CRIMES AND PENALTIES Held: Commandeering of women to satisfy the lust of Japanese photographs, or other data of a confidential nature relative to the
Book II (RPC) officers during World War II is not treason because it does not directly defense of the Philippine archipelago.
strengthen the enemy and weaken our defense. Whatever “favorable b) By disclosing to the representative of a foreign nation the
TITLE I CRIMES AGAINST NATIONAL SECURITY AND THE effect to Japanese is merely trivial, imperceptible and unintentional.” contents of the articles, data or information referred to in par. no. 1
LAW OF NATIONS which he had in his possession by reason of the public office he
ARTICLE 115 -- Conspiracy and Proposal to Commit Treason holds.
ARTICLE 114 -- Treason The conspiracy or proposal to commit the crime of treason shall
Elements: be punished Commonweath Act No. 616 (An Act to Punish Espionage and other
1) That offender owes allegiance to the government of the x x x. Offenses Against National Security)
Philippines. Acts penalized:
2) That there is a war in which the Philippines is involved. A) CONSPIRACY 1) Unlawful obtaining or permitting to be obtained information affecting
3) That the offender EITHER: 1) That it is committed in times of war. national defense.
Le a)Levies war against the government, or 2) That two or more persons come to an agreement to levy 2) Unlawful disclosing of information affecting national defense.
Ad b)Adheres to the enemies, giving them aid or comfort. war against the Government, or to adhere to the enemies and to give them aid 3) Disloyal acts or words in times of peace.
(Recall LeAd) and comfort. (In short, that there was an agreement to commit treason in any of 4) Disloyal acts or words in times of war.
a) Levying war -- means an actual assembling of men for the purpose the two (2) modes). 5) Conspiracy to commit the preceding acts.
of executing a treasonable design by force. B) PROPOSAL Note:
b) Adhering to the enemy -- means mentally favoring the enemy, 1) That it is committed in times of war. a) Harboring or concealing violators of this law is also an offense.
emotionally. 2) That a person decides to commit treason in any of the b) Espionage may also be committed both in times of peace and war,
c) Giving aid or comfort -- means an act which strengthens the two modes. but usually during peace. Because the act of relaying confidential information
enemy in the conduct of war, or weaken the defense of our country in resisting 3) That he proposes its execution to some other persons. which constitutes espionage during peace becomes treason during war (for
the enemy. a) As a general rule, mere conspiracy and proposal to commit a felony strengthening the enemy and weakening the defense of our country against the
Two ways of proving treason is not punishable because there are mere preparatory acts in the subjective foreign enemy).
a) Two-witness rule phase. This is an exception to the general rule.
b) Confession of guilt in open court b) In conspiracy and proposal to commit treason, the two-witness rule ARTICLE 118 -- Inciting to war and giving motives for reprisal
Rules on treason does not apply here because this is a separate and distinct offense from Elements:
a) Espionage during peace becomes treason during war. treason. 1) That the offender performs unlawful or unauthorized acts.
b) Treachery and evident premeditation are inherent and necessarily 2) That such acts provoke or give occasion for a war
absorbed in the crime of treason but not ignominy or cruelty in commission of ARTICLE 116 -- Misprision of Treason involving, or liable to involve, the Philippines, or exposes Filipino
treason. Elements: citizens to reprisals on their persons or their property.
1) That the offender owes allegiance to the Philippines, and a) By the nature of the crime, it can only be committed during times of
Laurel vs. Misa, 77 PR 856 without being a foreigner; peace.
Anastacio Laurel filed petition for habeas corpus because detained 2) That he has knowledge of any conspiracy to commit
for treason during Word War II. He argued that his allegiance to the country is treason against the Government; ARTICLE 119 -- Violation of neutrality
suspended during war, as well as sovereignty of the country vis-a-vis its 3) That he (a) Conceals or (b) Does not disclose and Elements:
citizens because the State was incapable of providing protection to its citizens make known the same, as soon as possible to the proper authority. 1) That there is a war in which the Philippines is not involved;
during the war. Note: 2) That there is a regulation issued by competent authority
Held: SC denied petition for habeas corpus and convicted a) Article 116 does not apply when treason is already committed by for the purpose of enforcing neutrality;
Laurel for treason. SC said citizen owes permanent and absolute someone and the accused does not report its commission to the proper 3) That the offender violates such regulation.
allegiance, not temporary or conditional allegiance to country. No such authorities. Note:
thing as “suspended conjugal fidelity” in marriage, just like allegiance b) The offender here is punished as principal in Misprision of treason,
to country. Further, only exercise of sovereignty suspended, but not and not as a mere accessory to treason.
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a) This crime can only be committed in times of war, although the a) Hence, if the offenders who seized the vessel by violence or Held: SC affirmed their conviction and sustained Zamboanga
Philippines is not yet involved in such war precisely, there is a regulation to intimidation or force upon things are members of the crew or passengers CFI jurisdiction because piracy (qualified piracy at that!) can be
ensure neutrality which offender violated. thereof, crime is not piracy but ROBBERY IN THE HIGH SEAS. prosecuted anywhere. Pirates being hostes humani generis and piracy
b) Mutiny on the high seas -- this involves the (1) Unlawful resistance being a crime against humanity, it can be prosecuted anywhere where
ARTICLE 120 -- Correspondence with enemy country to a superior officer; and (2) Raising of commotion and disturbances on board any of the elements of the crime was committed. Piracy has no territorial
Elements: a ship against the authority of its commander, while ship is on the high seas. limits. Application also of EXTRATERRITORIALITY principle. (Article 2,
a) That there is a war involving the Philippines; Distinguished from piracy -- in piracy, the offenders are strangers par. 5)
b) That offender shall have correspondence with the enemy to the vessels and there is intent to gain.
country, or with a territory occupied by the enemy troops; c) High seas – refers to any waters on the seacoast, which are without People vs. Rodriguez, 135 SRA 485;
c) That such correspondence falls under the following: the boundaries of the low-water mark, although such waters may be in the Held: PD 532 expressly provides that qualified piracy is
1) Prohibited by the government. jurisdictional limits of a foreign government. punishable by mandatory death. Hence, the mitigating circumstance of
2) Carried on in ciphers or conventional signs; plea of guilt cannot be appreciated in accused’s favor.
3) Contains notice or information which might be useful to PD 532 (An Act Punishing the Act of Aiding or Abetting Piracy)
the enemy, or intended by the offender to aid the enemy. Requisites: People vs. Siyoh, Kiram, 141 SCRA 356.)
1) Offender knowingly Held: Since the crime committed was a special complex crime
ARTICLE 121 – Flight to enemy country a) Aids of protects pirates; of qualified piracy with murder, the penalty shall be death, regardless of
Elements: b) Acquires or receives property taken by such pirates; number of persons killed during the piracy.
1) That there is a war in the Philippines is involved. c) Directly or indirectly abets the commission of piracy.
2) That the offender owes allegiance to the Philippines. 2) Directly or indirectly abets the commission of piracy. R.A. 6235 (Ant--Aircraft Piracy or Hijacking Law of 1971)
3) That the offender attempts to flee, or go to the enemy Acts punished:
country. ARTICLE 123 -- Qualified piracy 1) Usurping or seizing control of an aircraft of Philippine registry, while it
4) That going to the enemy country is prohibited by The penalty of reclusion perpetua to death shall be imposed upon is in flight, and compelling the pilots thereof to change the course or
competent authority. those who commit any of the crimes referred to in the preceding article, under destination.
Note: any of the following circumstances: 2) Usurping or seizing control of an aircraft of foreign registry, while
a) This felony may also be committed by a foreigner, as he owes S 1) When they have seized a vessel by boarding or firing upon within Philippine territory, compelling the pilots thereof to land in any part of
allegiance to the government, although in a temporary capacity. the same; Philippine territory.
A 2) Whenever the pirates have abandoned their victims 3) Carrying or loading on board an aircraft operating as a public utility
ARTICLE 122 -- Piracy in general and mutiny on high seas or in without means of saving themselves; passenger aircraft in the Philippines such flammable, corrosive, explosive or
Philippine waters. (As amended by Sec. 3, R.A. 7659). M 3) Whenever the crime is accompanied by murder, homicide, poisonous substances.
Two ways/modes of piracy: physical injuries or rape. (As amended by Sec. 3, R.A. No. 7659) 4) Loading, shipping or transporting on board a cargo aircraft operating
1) By attacking or seizing a vessel on the high seas. (Recall SAM) as a public utility in the Philippines flammable, corrosive or poisonous
2) By seizing the whole or part of the cargo or equipment of Note: substances, if not done in accordance with Air Transportation Office rules
the vessel, while on the high seas, OR their personal belongings of a) Any of said crimes accompanying the commission of piracy becomes and regulations.
its complement or passengers, the offenders not being members of an element of qualified piracy. As such, they cannot make the crime complex.
the complement, or passengers. b) There is qualified mutiny under Article 123, but limited under par. 2 Aircraft is “in flight” -- from the moment all exterior doors are closed
Elements: and 3 of Article 123. following embarkation, until such time when the same doors are again opened
1) That a vessel is on the high seas. for disembarkation.
2) That the offenders are strangers to the vessel, meaning People vs. Lol-lo and Saraw, 43 PR 19
they are not members of the complement, or passengers of the On June 30, 1920, six vintas intercepted two Dutch boats, killed the TITLE II CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
vessel. men and raped two women by “methods too horrible to be described.” The ARTICLE 124 -- Arbitrary detention
2) That the offenders: a) Attack that vessel or b) Seize the Muslim pirates Lol-Lo and Saraw, with their companions, put holes and Any public officer or employee who detains, without legal grounds,
whole or part of the cargo of said vessel, its equipment, or the abandoned victims without means of saving themselves and fled to Tawi-Tawi a person shall suffer:
personal belongings of its complement or passengers. where they were arrested. The two challenged the jurisdiction of Zamboanga 1) If detention has not exceeded three days;
Note: CFI because crime committed outside of Philippine jurisdiction.
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x x x The commission of a crime, violent insanity or any other Appeal from the Davao RTC decision convicting Ruben Burgos for
ailment requiring the compulsory confinement of patient in a hospital Illegal Possession of Firearms in Furtherance of Subversion. Earlier Burgos ARTICLE 128 -- Violation of domicile
considered legal grounds for detention of persons. was arrested by police authorities without any warrant in Digos, Davao del Sur Penalty upon any public officer or employee who, not being
(Recall CIA) while plowing the field for allegedly possessing unlicensed firearms which his authorized by judicial order, shall perform the following acts:
Valid grounds for warrantless arrest: wife earlier surrendered to the authorities, under duress. En 1) Enter the dwelling against the will of the owner thereof;
1) When a person to be arrested has actually committed, is already Held: SC reversed conviction and held that warrantless Se 2) Search papers or other effects found therein without the
committing, or attempting to commit an offense in his presence; arrest of petitioner Burgos void because Burgos was not committing a previous consent of the owner, or
2) When an offense has just been committed, and arresting officer crime when arrested. Policemen also had no personal knowledge Burgos Ref 3) Having surreptitiously entered said dwelling and being required
has personal knowledge of facts indicating that the person to be arrested was “probably guilty” of illegal possession of firearms, except for the to leave, refuses to do so.
has committed it; and polluted information of Cesar Masamlok who has motive to testify (Recall EnSeRef)
3) When person to be arrested is an escaped prisoner. against Burgos. It was tantamount to a “fishing expedition” hence, the Elements:
Probable cause – reasonable ground of suspicion supported by gun was inadmissible in evidence. 1) That the offender is a public officer or employee.
circumstances sufficiently strong in themselves to warrant a reasonable man in 2) That he is not authorized by judicial order to enter the
believing that the accused to be arrested is probably guilty thereof. Act done Note: dwelling and/or to make a search for papers and other effects.
in good faith. a) “Shall fail to deliver to proper judicial authorities” does not mean a) Special aggravating circumstances are:
physical delivery but the making of an accusation or charge, or filing of an 1) If committed at nighttime; 2) If any papers or effects not
Distinguish: Arbitrary detention vs. Illegal detention: Information against the person arrested, with the corresponding court or constituting evidence of a crime are not immediately returned, after a search is
1) In Arbitrary detention, principal offender is a public officer; in Illegal judge. made by the offender.
detention, principal offender is a private person, or a public officer acting in a b) Request for preliminary investigation – the person so arrested may
private capacity beyond the scope of his authority. request for a preliminary investigation, but he must sign a waiver of Article ARTICLE 129 -- Search warrants maliciously obtained and abuse in serve
2) In Arbitrary detention, offender who is a public officer has a duty 125. of those legally obtained
which carries with it the authority to make an arrest; in Illegal detention, the c) Article 125 does not apply when arrest is by virtue of a warrant of arrest. Elements (or punishable acts)
offender is a private person, or a public officer who does not have the authority In such case, the accused can be detained indefinitely. 1) By procuring a search warrant without just cause, or
or power to detain. d) In illegal detention, the offender is a private individual; and the detention 2) Though having procured the same with just cause:
is legal from the beginning, but becomes illegal after a certain period of time a) By exceeding his authority, or
when offended party is not delivered to the proper judicial authorities within the b) By using unnecessary severity in executing this search
ARTICLE 125 -- Delay in the delivery of detained persons. specified period. warrant legally obtained.
Penalty imposed upon a public officer who detains any person for
some legal ground and fails to deliver such person to proper judicial ARTICLE 126 -- Delaying release ARTICLE 130 – Searching domicile without witnesses.
authorities: Elements: Elements:
1) Within 12 hours for crimes punishable by light penalties; 1) That the offender is a public officer or employee. 1) That the offender is a public officer or employee.
2) Within 18 hours for crimes punishable by correctional 2) That there is a juridical or executive order for the release 2) That he searches the domicile, papers or other
penalties; of a prisoner or detention prisoner or there is a proceeding upon a belongings of any person.
3) Within 36 hours from crimes punishable by afflictive or petition for the liberation of such person. 3) That the owner, or any member in his family, or two
capital penalties. 3) That the offender without good reason: witnesses residing in the same locality, are not present.
a) Delays the service of the notice of such order to
Umil vs. Ramos, 187 SCRA 311 the prisoner; ARTICLE 131 – Prohibition, interruption and dissolution of peaceful
It’s a petition for habeas corpus alleging that Umil et al were being b) Delays the performance of such judicial or meeting
unlawfully detained without probable cause. Held: SC denied habeas corpus executive order for the release of the prisoner, or the proceedings Elements:
petition since they were caught in the act of committing acts of rebellion, upon a petition for the release of such person. 1) That the offender is a public officer or employee.
and petitioner Dural had gunshot woulds sustained after killing 2 Capcom 2) That he performs any of the following prohibited acts:
soldiers the day before being hospitalized. ARTICLE 127 -- Expulsion. — The penalty of prision correccional shall be a) Prohibiting or interrupting the holding of a
imposed upon any public officer or employee who, not being thereunto peaceful meeting or dissolving the same, without legal ground.
People vs. Burgos, 144 SCRA 1 authorized by law, shall expel any person from the Philippine Islands or shall b) Hindering any person from joining any lawful
compel such person to change his residence. association or from attending any of its meetings.
 4
c) Prohibiting or hindering any person from forces, or depriving the Chief Executive or the Legislature of any of their carried out anywhere in the Philippines by any person or persons belonging to
addressing, either alone or together with others, any petition to the powers or prerogatives. the military or police or holding any public office or employment, with or
authorities for the correction of abuses, or redress of grievances. without civilian support or participation, for the purpose of seizing or
Note: Enrile vs. Salazar, 186 SCRA 217 diminishing state power.
a) There is no legal ground to prohibit the meeting when the danger is Senator Juan Ponce Enrile, et al arrested by military for “Complex
not imminent, and the evil to be prevented is not a serious one. crime of rebellion with murder and multiple frustrated murder” for failed coup ARTICLE 135 -- Penalty for rebellion and coup d'etat. — Any person who
b) The offender must be a stranger, and not a participant thereto. attempt from November 29 to December 10, 1989 where President Aquino was
promotes, maintains, or heads rebellion or insurrection shall suffer the
c) The venue is not a religious place. almost overthrown. He filed a Motion to Quash Information because no such
penalty of reclusion perpetua.
d) Even if it’s a religious ceremony attended by members of religious crime as complex crime but only simple rebellion which absorbs common
sect but it’s done in a public place, and it’s interrupted, the crime is crimes like murder, etc. Any person merely participating or executing the commands of others in a
Interruption of peaceful meeting under Article 131. Held: SC sustained Enrile and held it’s only simple rebellion rebellion shall suffer the penalty of reclusion temporal.
which absorbs common crimes like murder, kidnapping committed on
ARTICLE 132 -- Interruption of religious worship occasion or in furtherance thereof. Further, to allow complexing which Any person who leads or in any manner directs or commands others to
Note: would result in death penalty would defeat purpose of complex crimes undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
a) Must be committed in a religious place and during a religious which is to favor the accused, especially since this is a political offense
ceremeony or gathering otherwise, crime would be more of violation of treated with leniency which, according to Atty. Angel based on this case, Any person in the government service who participates, or executes
Article 131 (Prohibition, interruption and dissolution of peaceful meeting). is based on social contract theory which implicitly recognizes people’s directions or commands of others in undertaking a coup d'etat shall suffer
b) This article refers to the exercise of religious manifestations, and not sovereign right to overthrow existing government which no longer the penalty of prision mayor in its maximum period.
to quasi-religious ceremonies such as a mere house blessing. represents their interests.
c) The crime may be committed by a public officer or private person. Any person not in the government service who participates, or in any
Enrile vs. Hon. Judge Amin,189 SCRA 573 manner supports, finances, abets or aids in undertaking a coup d'etat
ARTICLE 133 -- Offending religious feelings Along with complex crime of rebellion in QC RTC, Enrile also shall suffer the penalty of reclusion temporal in its maximum period.
Penalty is imposed upon anyone who, in a place devoted to charged for violation of P.D. 1829 which punishes act of Concealing or
religious worship or during the celebration of any religious ceremony, shall Harboring Fugitives. Enrile again filed MTQ Information alleging that simple When the rebellion, insurrection, or coup d'etat shall be under the command of
perform acts notoriously offensive to the feelings of the faithful rebellion necessarily absorbs also the act of concealing or harboring fugitives unknown leaders, any person who in fact directed the others, spoke for them,
Note: under P.D. 1829. signed receipts and other documents issued in their name, as performed
a) The act must be directly to the religious belief itself, and must be Held: SC sustained Enriile and held that absorption theory in similar acts, on behalf or the rebels shall be deemed a leader of such a
notoriously offensive to the feelings of the faithful. Otherwise, it is only unjust rebellion applies not only to common crimes like murder, kidnapping rebellion, insurrection, or coup d'etat.
vexation. committed in furtherance or on occasion thereof, but likewise applies and
b) In People vs. Baes, (68 PR 203) the SC laid down three tests of extends to crimes punishable under special laws like P.D. 1829. Article 136. -- Conspiracy and proposal to commit coup d'etat, rebellion
what acts constitute “notoriously offensive to the feelings of the faithful:” or insurrection. — The conspiracy and proposal to commit coup d'etat shall
1) If act ridicules religious dogma. 2) If act mocks or People vs. Lovedioro, 250 SCRA 389) be punished by prision mayor in minimum period and a fine which shall not
scoffs at a religious ceremony. 3) If act destroys an object of Held: SC held that gravamen of offense in rebellion is “public exceed eight thousand pesos (P8,000.00). PM min & P8K
veneration. armed uprising.” Certainly the act of Lovedioro with two others in
The conspiracy and proposal to commit rebellion or insurrection shall be
Further, SC held that what is “notoriously offensive” depends on the shooting a policeman cannot constitute rebellion. Lovedioro has burden
punished respectively, by prision correccional in its maximum period and a fine
feelings of the Catholic faithful, or members of the religious congregation. of proof to establish that killing was done with a political motive and he
which shall not exceed five thousand pesos (P5,000.00) and by prision
failed to discharge that burden. Rather, it was a mere belated afterthought
correccional in its medium period and a fine not exceeding two thousand pesos
TITLE III CRIMES AGAINST PUBLIC ORDER to mitigate his liability.
(P2,000.00). PC Max & P5K
PC Med & P2K
ARTICLE 134 – Rebellion and coup ARTICLE 134-A Coup d’etat Article 137 --Disloyalty of public officers or employees. — The penalty of
The crime of rebellion is committed 1) by rising publicly and 2) by Coup d’etat is a swift attack, accompanied by violence, prision correccional in its minimum period shall be imposed upon public
taking arms against the Government for the purpose of removing from the intimidation, threat, strategy or stealth, directed against duly-constituted officers or employees who have failed to resist a rebellion by all the means
allegiance to said Government or its law, the territory of the Republic of the authorities of the Republic of the Philippines, or any military camp or in their power, or shall continue to discharge the duties of their offices
Philippines, or any part thereof, of any body of land, naval or other armed installation, communication networks, public utilities or other facilities needed under the control of the rebels or shall accept appointment to office under
for the exercise and continued possession of power, singly or simultaneously, them. (Reinstated by E.O. No. 187).
PC Min
 5
writing, emblems, cartoons, banners, or other representations tending to the a) Audience must be actually incited. If in the meeting the audience is
ARTICLE 138 -- Inciting to rebellion same end, or upon any person or persons who shall utter seditious words or incited to the commission of rebellion or sedition, crime committed is ILLEGAL
PC Min Penalty shall be imposed upon any person who, without taking speeches, write, publish or circulate scurrilous libels against the ASSEMBLY insofar as organizers or leaders and persons present. The one
arms or being in open hostility against the Government, shall incite others to government , or any of the duly constituted authorities thereof x x x. inciting them is liable for the crime of INCITING TO REBELLION or
the execution of any of the acts specified in Article 134 of this code, by means SEDITION.
of speeches, proclamations, writing, emblems, banners or other Espuelas vs. People, 90 SCRA 524)
representations tending to the same end. Espuelas had his picture taken as if committing suicide, because he ARTICLE 147 -- Illegal association
was disillusioned with the Roxas administration “infested with Hitlers and Persons liable:
ARTICLE 139 -- Sedition Mussolinis” and “crooks.” 1) Founders, directors and president of the association.
The crime of sedition is committed by persons who rise publicly and Held: SC affirmed Espuelas’ conviction in Bohol CFI and 2) Members of the association.
tumultuously in order to attain by force, intimidation, or by other means CA for violation of Article 142 for circulating scurrilous libel against
outside of legal methods, any of the following objects: government. Asking people to put under juez de cuchillo all the Roxas ARTICLE 148 -- Direct assault PC med & max & P1K
1) To prevent the promulgation of a law, or the holding of people in power who are all crooks is Inciting to sedition through Penalty shall be imposed upon 1) Any person who, without a public
any popular election. scurrilous libel. uprising, shall employ force or intimidation for the attainment of any of the
2) To prevent the National Government, or any provincial or purposes enumerating in crimes of rebellion and sedition, OR 2) Shall attack,
municipal governrnent, or any public officer thereof from freely exercising its Article 143 -- Act tending to prevent the meeting of the Assembly and employ force, or seriously intimidate or resist any person in authority or
or his functions, or prevent the execution of any administrative order. similar bodies. — The penalty of prision correccional or a fine ranging from any of his agents, while engaged in the performance of official duties, or on
3) To inflict any act of hate or revenge against the person 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force occasion of such performance.
or property of a public officer or employee. or fraud, prevents the meeting of the National Assembly (Congress of the Qualified when:
4) To inflict any act of hate or revenge, for any political or Philippines) or of any of its committees or subcommittees, constitutional 1) Committed with a weapon.
social end, against private persons or any social class; and commissions or committees or divisions thereof, or of any provincial board 2) Offender is a public officer or employee.
5) To despoil, for any political or social end, any person, or city or municipal council or board. (Reinstated by E.O. No. 187). 3) Offender lays hands upon a person in authority.
municipality or province, or the National Government, of all its property or any Note:
part thereof. a) Additional penalty for attacking ambassador or minister. (R.A. 75)
Article 144 -- Disturbance of proceedings. — The penalty of arresto mayor
b) Offender must have prior knowledge that the victim is a person in
or a fine from 200 to 1,000 pesos shall be imposed upon any person who
a) While rebellion intends to overthrow the existing duly-constituted disturbs the meetings of the National Assembly (Congress of the Philippines) authority or an agent of the PIA and has intent to defy authorities.
government, sedition is much more limited in scope as enumerated in Article
or of any of its committees or subcommittees, constitutional commissions or
139.. Also it is done “tumultuously.” PM Min & P10K
committees or divisions thereof, or of any provincial board or city or municipal
council or board, or in the presence of any such bodies should behave in such
ARTICLE 140 -- Penalty for sedition -- The leader of a sedition shall People vs. Delfino Beltran, 138 SCRA 521;
manner as to interrupt its proceedings or to impair the respect due it.
suffer the penalty of prision mayor in its minimum period and a fine not Delfino Beltran and 5 others shot Mayor Crisolgico and police
(Reinstated by E.O. No. 187).
exceeding 10,000 pesos. PC Max & P5K authorities who approached them because they were making trouble and were
very boisterous at night inside Puzon compound. Without provocation,
Other persons participating therein shall suffer the penalty of prision ARTICLE 145 – Violation of parliamentary immunity Beltran’s group fired at mayor.
correccional in its maximum period and a fine not exceeding 5,000 pesos. (See Martinez vs. Morfe, 44 SCRA 22 in relation to Article 6, Sec. Held: SC affirmed conviction of Beltran for “double
11 of 1987 Constitution which grants parliamentary immunity to a Senator or attempted murder with DIRECT ASSAULT” because they attacked and
ARTICLE 141 – Conspiracy to commit sedition-- Persons conspiring to member of House of Representatives for all offenses punishable by not more shot at mayor’s group while mayor and police were directly in the
commit the crime of sedition shall be punished by prision correccional in than six years imprisonment while Congress is in session.) discharge of their official functions to maintain peace and order. Beltran
its medium period and a fine not exceeding 2,000 pesos. (Reinstated by et al could not claim self-defense because they were the unlawful
E.O. No. 187) PC Med & P2K ARTICLE 146 -- Illegal assembly aggressors when they fired without warning on mayor’s group, and ran
Persons liable: after mayor’s group after hitting them.
ARTICLE 142 – Inciting to sedition 1) The organizers or leaders of the meeting.
Penalty shall be imposed upon any person who, without taking any 2) Persons merely present at the meeting. (but must have common intent to People vs. Dollantes, 151 SCRA 592;
direct part in sedition, 1) should incite others to the accomplishment of any commit the felony of illegal assembly.) In April 1983 barangay captain Gabutero was delivering a speech to
of the acts which constitute sedition, by means of speeches, proclamations, Note: start dance when Pedro Dollantes danced “nagkorantsa” with knife, and
 6
challenging everyone. Barangay captain admonished him, and Mr. Dollantes included in the provisions of the preceding articles shall resist or seriously 1. Any person who by means of printing, lithography, or any other
and eight others attacked and stabbed him to death. disobey any person in authority, or the agents of such person, while engaged means of publication shall publish or cause to be published as news
Held: SC affirmed conviction for “Direct Assault resulting in in the performance of official duties. any false news which may endanger the public order, or cause
Murder” because barangay captain, a person in authority, was killed and damage to the interest or credit of the State;
attacked while directly performing his official functions. When the disobedience to an agent of a person in authority is not of a serious
2. Any person who by the same means, or by words, utterances or
nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos
speeches shall encourage disobedience to the law or to the
People vs. Hecto, 135 SCRA 113 shall be imposed upon the offender. AMen or P10 - P100
constituted authorities or praise, justify, or extol any act punished by
Barangay Captain Pedrosa confronted Hecto brothers for not paying ARTICLE 152 -- Persons in authority law;
slaughter fees and they almost fought. A few weeks later, the Hecto brothers Any person who is directly vested with jurisdiction, whether as an
attacked Pedrosa. individual or as a member of some court or government corporation, board or 3. Any person who shall maliciously publish or cause to be published
Held: SC affirmed conviction for Direct assault because commission. A barangay captain and a barangay chairman shall also be any official resolution or document without proper authority, or before
although Pedrosa was not attacked while directly performing his official deemed as a person in authority. they have been published officially; or
functions, it was “on occasion of such performance” meaning, it was “by Any person who, by direct provision of law, or by election or by
reason of such past performance of official duties.” appointment by competent authority, is charged with the maintenance of 4. Any person who shall print, publish, or distribute or cause to be
public order and the protection and security of life and property, such as a printed, published, or distributed books, pamphlets, periodicals, or
ARTICLE 149 -- Indirect assault barrio councilman, barrio policeman and a barangay leader, and any person leaflets which do not bear the real printer's name, or which are
Elements: who comes to the aid of a person in authority, shall be deemed an agent of a classified as anonymous.
1) That a person in authority or his agent is the victim of any person in authority.
of the forms of direct assault defined in Article 148. Also, teachers, professors and persons charged with the supervision
2) That a person comes to the aid of such PIA or his agent. ARTICLE 155 -- Alarms and scandal
of public or duly recognized private schools, colleges and universities, and Penalty shall be imposed upon any person who:
3) That the offender makes use of force, or intimidation, upon lawyers in the actual performance of their professional duties, or on the
such person coming to the aid of the PIA or his agent. 1) Shall discharge any firearm, rocket, firecracker or their
occasion of such performance, are deemed as persons in authority. explosive calculated to case alarm or danger.
a) Indirect assault can only be committed when a direct assault is also
committed. 2) Shall instigate any charivari or other disorderly meeting
ARTICLE 153 - Tumults and other disturbances of public order. offensive to another or prejudicial to public tranquility.
AMen or a fine ranging from P200 to P1K, or both such fine and imprisonment Punishable acts: 3) Shall, while wandering about at night or while engaged in any
Article 150. Disobedience to summons issued by the National Assembly, 1) Causing any serious disturbance in public peace, office other nocturnal amusement, shall disturb the public peace.
its committees or subcommittees, by the Constitutional Commissions, its or establishment. 4) Shall, while intoxicated, cause any public disturbance or scandal
committees, subcommittees or divisions. — Penalty X X X shall be 2) Interrupting or disturbing public performances, functions or not falling under Article 153.
imposed upon any person who, having been duly summoned to attend as a gatherings, not included in Articles 131-132. Note:
witness before the National Assembly, (Congress), its special or standing 3) Making an outcry tending to incite rebellion or sedition in a) The act being punished here is producing alarm or danger as a
committees and subcommittees, the Constitutional Commissions and its any meeting, association or public place. consequence.
committees, subcommittees, or divisions, or before any commission or 4) Displaying placards or emblems which provoke a b) Charivari – includes a medley of discordant voices, a mock
committee chairman or member authorized to summon witnesses, refuses, disturbance of public order in such place. serenade made of kettles, tin, horns designed to annoy or insult.
without legal excuse, to obey such summons, or being present before any 5) Burying with pomp the body of a person who has been
such legislative or constitutional body or official, refuses to be sworn or legally executed. ARTICLE 156 -- Delivering prisoners from jail
placed under affirmation or to answer any legal inquiry or to produce any Note: Elements:
books, papers, documents, or records in his possession, when required by a) Serious disturbance must be planned or intended. 1) That there is a person confined in jail, or penal
them to do so in the exercise of their functions. The same penalty shall be b) Outcry – to shout subversive or provocative words tending to stir up establishment (detention included).
imposed upon any person who shall restrain another from attending as a the people to obtain by means of force or violence any of the objects of 2) That the offender removes such person, or helps the
witness, or who shall induce disobedience to a summon or refusal to be sworn rebellion or sedition. escape of such person.
by any such body or official. a) Offender is usually an outsider.
Article 154. Unlawful use of means of publication and unlawful b) Employment of violence, intimidation or bribery is not necessary.
Article 151. Resistance and disobedience to a person in authority or the
utterances. — The penalty of arresto mayor and a fine ranging from P200 to
agents of such person. — The penalty of arresto mayor and a fine not Alberto vs. dela Cruz, 98 SCRA 406)
P1,000 pesos shall be imposed upon:
exceeding 500 pesos shall be imposed upon any person who not being
AMay & P500
 7
Held: SC held that Governor Cledera could not be held liable ARTICLE 158 -- Evasion of service of sentence on occasion of disorder, Dioso, along with Abarca, was serving sentence in Muntinglupa for
under Article 156 because Delivering prisoners from jail necessarily conflagration, calamity robbery. While serving sentence, he committed another felony, that of murder
involves an OUTSIDER or a person with no custody at all of the escaped Penalty shall be imposed upon any person who shall evade service for the killing of a certain Angelito Reyno, a rival gang member which he
prisoner. Neither can Gov. Cledera be held liable under Infidelity in the of his sentence, by leaving the penal institution where he shall have been stabled to death.
Custody of Prisoners because this provision requires offender must have confined, on the occasion of a disorder resulting from a conflagration, Held: SC affirmed his conviction and being a quasi-recidivist
DIRECT and ACTUAL CUSTODY of escaped prisoner, which Gov. earthquake, explosion or similar catastrophe by suffering an increase of one- for committing a new felony (murder) while serving sentence for robbery,
Cledera does not have. “Evasion through negligence” is defined as fifth of time still remaining to be served, but not to exceed six months, if he the maximum penalty for the new felony (murder) shall be applied, which
“definite laxity amounting to deliberate non-performance of duty.” fails to give himself up within 48 hours following issuance of a proclamation is DEATH penalty, regardless of any mitigating or aggravating
by the Chief Executive announcing passing away of such calamity. circumstances attending the commission of the crime.
ARTICLE 157 -- Evasion of service of sentence If convict gives himself up within 48 hours, he shall be entitled to a
Elements: reduction under Article 98. TITLE IV CRIMES AGAINST PUBLIC INTEREST
1) That the offender is a convict by final judgment. Note:
2) That he is serving his sentence consisting of deprivation 1) If the offender fails to give himself up, he gets an increased penalty. Article 161. Counterfeiting the great seal of the Government of the
of liberty. 2) If the offender gives himself up, he is entitled to a reduction in his Philippine Islands, forging the signature or stamp of the Chief Executive.
3) That he evades the service of his sentence by escaping sentence. — The penalty of reclusion temporal shall be imposed upon any person who
during the term of his sentence (by reason of final judgment).
shall forge the Great Seal of the Government of the Philippine Islands or
ARTICLE 159 -- Other cases of evasion of service of sentence the signature or stamp of the Chief Executive.
Qualified by: Penalty shall be imposed upon any convict who, having been granted
1) Means of unlawful entry. conditional pardon by the Chief Executive, shall violate any of the conditions of Article 162. Using forged signature or counterfeit seal or stamp. — The
2) By breaking doors, windows, gates, walls, roofs or floors. such pardon. penalty of prision mayor shall be imposed upon any person who shall
3) By using picklocks, false keys, disguise, deceit, violence or Note: knowingly make use of the counterfeit seal or forged signature or stamp
intimidation. a) Violation of conditional pardon is a distinct crime. Conditions extend mentioned in the preceding article.
4) Through connivance with other convicts or employees of the penal to special laws.
institution. b) Offender must be found guilty of subsequent offense before he can a) The offender should not be the forger here also.
be prosecuted under Article 159.
Tanega vs. Masakayan, 19 SCRA 564; ARTICLE 163 -- Making and importing and uttering false coins
Held: SC held that petitioner Adelaida Tanega could not ARTICLE 160 – Commission of another crime during service of penalty Elements:
invoke prescription of penalty because prescription of penalty only for another previous offense 1) That there be false or counterfeit coins.
commences upon her “evasion of service of sentence.” In this case, Elements: 2) That the offender either made, imported or uttered such
prescription never even commenced to run in her favor because “evasion 1) That the offender was already convicted by final judgment. coins.
of service of sentence” presupposed she was convicted, and put to jail, 2) That offender committed a new felony before beginning to 3) That in case of uttering such false or counterfeit coins, he
and evaded sentence by escaping while in jail. Here she was never put to serve such sentence, or while serving the same. connived with the counterfeiters or importers.
jail at all because she hid from the authorities upon her conviction hence, a) Quasi-recidivism -- is a special aggravating circumstance where a a) Coin is also or counterfeited if it is forged, or if it is not authorized by
in effect, there was no evasion of sentence to speak of at all. person, after having been convicted by final judgment of a previous offense, the government as legal tender, regardless of its intrinsic value.
shall commit a new felony before beginning to serve such sentence, or while b) To utter is to pass counterfeited coins, including delivery or the act of
People vs. Abilong, 82 SCRA 172) serving the same. giving them away.
Held: SC held that violation of the terms of destierro also b) First crime which the offender is serving sentence need not be felony c) Former coins withdrawn from circulation may also be counterfeited
constitutes violation of service of sentence. This is because (could be mala in se or mala prohibita. But the new offense must be a felony but coins of foreign country are not included.
“imprisonment” which is literal English translation is wrong, the correct (mala in se).
interpretation being Spanish which refers to “deprivation of liberty” as c) Not required that the two offenses are embraced in the same title of People vs. Kong Leon, 48 OG 661
penalty for conviction. And certainly destierro is a form of deprivation of this Code. Accused Kong Leon was arrested for possession of U.S. gold coins
liberty as punishment for an offense hence, entering Manila during the 2- d) Being special aggravating circumstance, it cannot be offset by already out of circulation and charged with counterfeiting of gold coins. He set
year prohibited period constitutes Violation of service of sentence also. ordinary mitigating circumstances. up the defense that counterfeiting only includes coins still in circulation.
Held: SC affirmed his conviction for counterfeiting. This is
People vs. Dioso, 132 SCRA 616 because counterfeiting of coins are not limited to coins still in circulation,
but also extends to coins OUT of circulation or already withdrawn by the
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state, the legislative intent being to curb counterfeiting and preclude the a) Notes and other obligations and securities that may be forged or
possibility that the counterfeiter may only be honing his skills and later falsified under Article 166: Treasury or bank notes; certificates; and ARTICLE 170 -- Falsification of legislative documents.
apply his trade to counterfeiting coins still in actual circulation. other obligations and securities, payable to bearer Elements:
1) That there be a bill, resolution or ordinance enacted or
ARTICLE 164 -- Mutilation of coins ARTICLE 167 -- Counterfeiting, importing and uttering instruments approved or pending approval by the National Assembly or any
Punishable acts: payable to bearer provincial board or municipal council.
1) Mutilating coins of the legal currency, with the further Elements: 2) That the offender alters the same.
requirement that there be intent to damage or defraud another. 1) That there be an instrument payable to order or other such 3) That he has no proper authority.
2) Importing or uttering such mutilated coins with the further document of credit not payable to bearer. 4) That the alteration has changed the meaning of the document.
requirement that there must be connivance with the mutilator or 2) That the offender either forged, imported or uttered such Note:
importer in case of uttering. instrument. a) Forgery as used in Article 169 refers to the falsification and
Note: 3) That in case of uttering, he connived with the forger or counterfeiting of treasury notes or any instruments payable to bearer or to
a) Mutilation of foreign currency not included. importer. order. On the other hand, Falsification is the commission of any of the eight
b) Mutilation is the offense of taking off part of the metal either by filing it (8) acts mentioned in Article 171 of legislative, public, official, commercial or
or substituting it for another metal of interior quality. ARTICLE 168 -- Illegal possession and use of false treasury or bank private documents, or wireless, or telegraphic messages.
c) Coins must be in legal tender and still in circulation, unlike in notes and notes payable to bearer. b) The crime of Falsification must involve a writing which is a
counterfeiting of coins which can apply to coins already withdrawn or out of Elements: document in the legal sense.
circulation. 1) That any treasury or bank notes or certificate or other c) Classification of documents:
obligations and security payable to bearer or any instrument payable to order 1) Public document -- a) a document created, executed or
ARTICLE 165 -- Selling of false or mutilated coins without connivance or other document of credit not payable to bearer is forged or falsified by issued by a public official in response to exigencies of the public service, or in
Punishable acts: another person. execution 9of which a public official intervened; b) an instrument authorized by
1) Possession of coin, counterfeited or mutilated by another 2) That the offender knows that any of those instruments is a notary public, or a competent public official with the solemnities required by
person, with intent to utter the same, knowing that it is false or forged or falsified. law.
mutilated. 3) That he performs any of these acts: 2) Official document -- document issued by a public official
Elements: a) Using any of such forged or falsified instruments. in the exercise of the functions of his office; also considered a public document.
a) Possession; b) With intent to utter; b) Possession with intent to use any of such forged or 3) Commercial document – defined and regulated by the
2) Knowledge falsified instruments. Code of Commerce or other commercial law.
3) Actually uttering such false or mutilated coin, knowing the 4) Private document – a deed or instrument executed by a
same to be false or mutilated. ARTICLE 169 -- Forgery. How committed. private person without the intervention of a notary public, or other person
Elements: Forgery is committed by any of the following means: legally authorized, by which document, some disposition or agreement is
a) Actually uttering 1) By giving to a treasury or bank note or any instrument provided, evidenced or set forth.
b) Knowledge payable to bearer or order the appearance of a true genuine document.
Note: 2) By erasing, substituting, counterfeiting or altering by d) Importance of classification:
a) Does not require legal tender. any means the figures, letters, words or signs contained therein. 1) In private documents, criminal liability will not arise, unless there is
b) Accused must have knowledge of the fact that the coin is false. damage caused to a third person. Mere falsity will not bring about criminal
People vs. Galano, 54 OG 897 liability.
ARTICLE 166 -- Forging treasury or bank notes or other documents The accused Galano wrote “Victory” at the back of P1-bill which is a 2) In public or commercial documents, criminal liability can arise
payable to bearer; importing and uttering the same pre-war treasury note and used it to buy 4 balut eggs, and make it appear to although no third person suffered damage. Intent to cause damage is
Punishable acts: be a genuine pre-war treasury note. This is because by affixing the word immaterial since what is being punished is the violation of the sanctity of the
1) Forging or falsification of treasury or bank notes or other “Victory” in this pre-war treasury notes, they can now be used as legal tender public document.
documents payable to bearer. after the war, per government policy.
2) Importation of such false or forged obligations or notes. Held: SC affirmed conviction under Article 169, 1st par. ARTICLE 171 – Falsification by public officer of public documents.
3) Uttering of such false or forged obligations or notes in which was “by giving to a treasury or bank note the appearance of a true Penalty shall be imposed upon any public officer or employee or
connivance with the forgers or importers. genuine document” although it was, in fact, already withdrawn from notary who, taking advantage of his official position, shall falsify a
Note: circulation. document by committing any of the following acts:
 9
C 1) Counterfeiting or imitating any handwriting, signature or U 2) Making Untruthful statement in a narration of facts. Imprudence. More than one year later, he was arrested in possession and use
rubric. L 3) Has Legal obligation to disclose the truth. of a fake license.
C 2) Causing to appear that persons have participated in any A 4) Such narration of facts is Absolutely false. (Recall Held: SC affirmed his conviction for violation of Article 172
act or proceeding when they in fact did not participate. PULA) for Falsification by private individual and use of falsified documents.
A 3) Attributing to persons who have participated in an act or SC pointed out that Mayor Siquian was certainly a public officer Being in possession and use of a fake and falsified license which is a
proceeding statements other than those in fact made by them. who took advantage of his public position when he issued that public document, he is also presumed to be the author thereof. Further,
S 4) Making untruthful Statements in a narration of facts. “untruthful statement” which is “absolutely false,” and who has the legal the license being a public document, intent to cause damage is
T 5) Altering True dates. obligation to disclose the truth in issuing such Certification. The immaterial. The suspicious circumstances in obtaining license after over
A 6) Making any Alteration or intercalation in a genuine Certification being a public document, criminal intent or intent to cause one hour from application through intervention of fixers also gave rise to
document which changes its meaning. damage is immaterial because what is being punished is the destruction presumption that license was fake or falsified.
I 7) Issuing in an authenticated form a document purporting to of truth being solemnly proclaimed in said public document.
be a copy of an original when no such original exists, or including in such copy “Absolutely false” means there is “no iota of colorable truth in ARTICLE 173 -- Falsification of wireless, cable, telegraph and telephone
a statement contrary to, or different from, that of the genuine document. such narration of facts.” messages, and use of falsified messages
R 8 Intercalating any instrument or note Relative to the Punishable acts:
issuance thereof in a protocol, Registry or official book. ARTICLE 172 -- Falsification by private individual and use of falsified 1) Uttering fictitious wireless telegraph or telephone
(Recall CCASTAIR) documents. messages.
Elements: Punishable acts: 2) Falsifying wireless, telegraph or telephone messages.
1) That the offender is a public officer, employee or notary 1) Falsification of public, official or commercial document by a 3) Using such falsified messages.
public. private individual. a) Private individual cannot be a principal by direct participation under
2) That he takes advantage of his official position. 2) Falsification of private document by any person. Article 173, unless he is an employee of a corporation engaged in the
Requisites: Note: business of sending or receiving wireless, telegraph or telephone messages.
a) That offender has a duty to make or prepare or otherwise a) Possessor of a falsified document is presumed to be the
intervene in the preparation of the document. author of the falsification. ARTICLE 174 -- False medical certificates, false certificates of merit or
b) That offender has official custody of the document which b) Damage, or intent to cause damage, is not necessary in service, etc.
he falsified. Article 172, par. 1. Penalty shall be imposed:
c) That offender performs any of the following eight (8) c) In Falsification of a private document, the offender must 1) Any physician or surgeon who, in connection with the
criminal acts. have counterfeited the false document, and he must have performed an practice of his profession, shall issue a false certificate; and
Note: independent act which operates to the prejudice of a third person, unlike in 2) Any public officer who shall issue a false certificate of merit
a) In par. f, g and h, document must be a genuine document. Falsification of public document where damage is immaterial. or service, good conduct or similar circumstances.
b) Falsification may be committed by simulating or fabricating a d) Falsification as a means to commit Estafa/Malversation a) Also covers a private individual who falsified a certificate falling in
document. – when a document is falsified through any of the acts of Falsification the classes mentioned in nos. 1 and 2.
c) In case offender is an ecclesiastical minister, the act of Falsification enumerated under Article 171 and such Falsification is a necessary means to
is committed with respect to any record or document of such character that its commit Estafa or Malversation – crime is a complex crime of ARTICLE 175 -- Using false certificates
falsification may affect civil status of persons. Estafa/Malversation through Falsification of Public Document. Document Elements:
falsified, however, must be a public, official or commercial document. 1) That a physician or surgeon has issued a false medical
Siquian vs. People, 171 SCRA 223) e) If document falsified is a private document which requires certificate, or a public officer has issued a false certificate of merit of
Mayor Siquian issued a Certification that “position exists and funds another independent act of the falsification in order to defraud another -- crime service, good conduct or similar circumstances.
are available therefor” for the position of Clerk in the Office of Municipal is only one crime of Falsification of a Private Document, and not a complex 2) That the offender knew that the certificate was false.
Secretary for a certain complainant, Jesusa Carreon. Truth, however, is that no crime anymore because the deceit involved in Estafa here is absorbed in the 3) That he used the same.
such position existed and no money in the plantilla allocated for such purpose. deceit in Falsification of a Private Document.
Hence, the complaint for Falsification against Mayor Siquian who argued that ARTICLE 176 – Manufacturing and possession of instruments or
he acted in good faith, and had no criminal intent to cause harm or damage. Dava vs. People, 202 SCRA 62 implements for falsification
Held: The SC affirmed his conviction and held all requisites Petitioner Dava bumped two pedestrians, where one died and the Punishable acts:
for Falsification are present, thus: other suffered serious physical injuries. His license was confiscated pending 1) Making or introducing into the Philippines any stamps,
P 1) A Public officer taking advantage of his public position trial for two felonies, Homicide and Serious Physical Injuries through Reckless dies, marks or other instruments or implements for counterfeiting.
 10
2) Possession with intent to use the instruments or 4) That defendant against whom false testimony is given is C 2) That the statement or affidavit was made before a
implements for counterfeiting or falsification made in or introduced either acquitted or convicted in a final judgment. Competent officer, authorized to receive and administer oath.
into the Philippines by another person. Note: A 3) That in that statement or affidavit, the accused made a
a) Defendant must be sentenced to at least a correctional penalty or a willful and deliberate Assertion of falsehood.
ARTICLE 177 -- Usurpation of authority or official functions fine, or must be acquitted. L 4) That the sworn statement or affidavit containing the falsity
Penalty shall be imposed upon any person who 1) shall knowingly b) Witness who gave false testimony is liable even if the testimony was is required by Law.
and falsely represent himself to be an officer, agent or representative of any not considered by the court. (Recall A/SCAL)
department or agency of the Philippine government, or of any foreign Note:
government, or who, under pretense of official position, 2) shall perform any act Article 180 -- False testimony against a defendant. — Any person who a) Material matter is the main fact which is the subject of the inquiry or
pertaining to an person in authority or public officer of the Philippine shall give false testimony against the defendant in any criminal case shall any circumstance which tends to prove that fact, or any fact or circumstance
government x x x without being lawfully entitled to do so. suffer: which tends to corroborate or strengthen the testimony relative to the subject or
Note: 1. The penalty of reclusion temporal, if the defendant in said case inquiry or which legitimately affects the credit of any witness who testifies.
1) There must be a positive, express and explicit representation. shall have been sentenced to death; b) Oath is any form of attestation by which a person signifies that he is
2) To be liable, the offender should have misrepresented himself to be 2. The penalty of prision mayor, if the defendant shall have been bound in conscience to form an act faithfully and truthfully.
an officer, agent or representative of any department or agency of the sentenced to reclusion temporal or reclusion perpetua; c) Affidavit is a sworn statement in writing.
government; or should have performed an act pertaining to a person in
authority, or public officer. 3. The penalty of prision correccional, if the defendant shall have Diaz vs. People, 191 SCRA 86
been sentenced to any other afflictive penalty; and Petitioner Reolandi Diaz stated in his Personal Data Sheet (PDS) or
ARTICLE 178 – Using fictitious name and concealing true name CSC Forum 212 that he was “a four year BA student in 1950-1954 at
Elements: (Using fictitious name) 4. The penalty of arresto mayor, if the defendant shall have been Cosmopolitan and Harvardian Colleges” for purposes of his
1) That the offender uses a name other than his real name. sentenced to a correctional penalty or a fine, or shall have been promotion/reappointment as School Administrative Assistance at Jose Abad
2) That he uses that fictitious name publicly. acquitted. Santos High School. These statements later turned out to be false so he was
3) That the purpose of the offender is prosecuted for Falsification. Pampanga CTFI held him liable for Falsification,
a) To conceal a crime. In cases provided in subdivisions 3 and 4 of this article the offender shall which IAC affirmed. Held: SC modified the IAC and CFI decision, and
b) To evade the execution of a judgment. further suffer a fine not to exceed 1,000 pesos. instead convicted him for Perjury. All elements of perjury are present,
c) To cause damage to public interest. Article 181 -- False testimony favorable to the defendants. — Any person thus:
Elements: (Concealing true name) who shall give false testimony in favor of the defendant in a criminal case, shall A/S 1) It was an Affidavit/Statement under oath upon a
1) That the offender conceals suffer the penalties of arresto mayor in its maximum period to prision material matter.
a) His true name. correccional in its minimum period a fine not to exceed 1,000 pesos, if the C 2) By a Competent officer authorized to administer oath.
b) All other personal circumstances. prosecution is for a felony punishable by an afflictive penalty, and the penalty A 3) Containing deliberate Assertion of falsehood.
2) That the purpose is only to conceal his identity. of arresto mayor in any other case. L 4) Such sworn statement or Affidavit is required by Law,
or for legal purposes. (Recall A/SCAL)
Article 179. Illegal use of uniforms or insignia. —Penalty shall be imposed The CSC Form 212 was a Statement under oath where affiant
Article 182 -- False testimony in civil cases. — Any person found guilty of
swears to the truth of all the contents therein, and duly sworn to before a
upon any person who shall publicly and improperly make use of insignia, false testimony in a civil case shall suffer the penalty of prision correccional in
competent officer. Because it was a sworn statement under oath, crime is
uniforms or dress pertaining to an office not held by such person or to a its minimum period and a fine not to exceed 6,000 pesos, if the amount in
class of persons of which he is not a member. Perjury, and not Falsification. It was a material matter because such
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its
statement was for a legal purpose, which is for his
maximum period to prision correccional in its minimum period and a fine not to
reappointment/promotion as School Administrative Assistant of Jose
exceed 1,000 pesos, if the amount in controversy shall not exceed said amount
ARTICLE 180 -- False testimony against a defendant Abad Santos National High School. It contained a deliberate assertion of
or cannot be estimated.
falsehood because records and investigation later showed he was never
Elements: enrolled at Cosmopolitan and Harvardian Colleges.
1) That there be a criminal proceeding. ARTICLE 183 -- Perjury
2) That offender testifies falsely under oath against the Elements:
ARTICLE 184 -- Offering false testimony in evidence. (Subornation in
defendant. A/S 1) That the accused made a Statement under oath, or
perjury)
3) That offender who gives testimony that it is false. executed an Affidavit upon a material matter.
Elements:
 11
1) That the offender offered in evidence a false witness or 3. Any person who, being a manufacturer, producer, or processor of Article 188. Subsisting and altering trade-mark, trade-names, or service
false testimony. any merchandise or object of commerce or an importer of any marks. — The penalty of prision correccional in its minimum period or a fine
2) That he knew the witness the witness, or the testimony was merchandise or object of commerce from any foreign country, either ranging from 50 to 2,000 pesos, or both, shall be imposed upon:
false. as principal or agent, wholesaler or retailer, shall combine, conspire
1. Any person who shall substitute the trade name or trade-mark of
3) That the offer was made in a judicial or official proceeding. or agree in any manner with any person likewise engaged in the
some other manufacturer or dealer or a colorable imitation thereof,
Note: manufacture, production, processing, assembling or importation of
for the trademark of the real manufacturer or dealer upon any article
a) Applies when the offender induces a witness to testify falsely. such merchandise or object of commerce or with any other persons
of commerce and shall sell the same;
not so similarly engaged for the purpose of making transactions
ARTICLE 185 -- Machinations in public auction prejudicial to lawful commerce, or of increasing the market price in 2. Any person who shall sell such articles of commerce or offer the
Penalty shall be imposed upon any person who 1) shall solicit any any part of the Philippines, of any such merchandise or object of same for sale, knowing that the trade-name or trade- mark has been
gift or promise as a consideration for refraining from taking part in any public commerce manufactured, produced, processed, assembled in or fraudulently used in such goods as described in the preceding
auction, and any person who 2) shall attempt to cause bidders to stay away imported into the Philippines, or of any article in the manufacture of subdivision;
from an auction by threats, gifts, promise or any other artifice, with intent to which such manufactured, produced, or imported merchandise or
cause the reduction of the thing auctioned. object of commerce is used. 3. Any person who, in the sale or advertising of his services, shall
use or substitute the service mark of some other person, or a
If the offense mentioned in this article affects any food substance, motor fuel or colorable imitation of such mark; or
Ouano vs. CA, 188 SCRA 799) lubricants, or other articles of prime necessity, the penalty shall be that of
Ouano and Echavez agreed that Ouano will desist, as well as prision mayor in its maximum and medium periods it being sufficient for the
another buyer, in the bidding of 3,710 square meters of land in Mandawe, 4. Any person who, knowing the purpose for which the trade-name,
imposition thereof that the initial steps have been taken toward carrying out the trade-mark, or service mark of a person is to be used, prints,
Cebu owned by DBP while they had an internal agreement that they would purposes of the combination.
later divide the property between them. The owner of the land, DBP, however, lithographs, or in any way reproduces such trade-name, trade-mark,
refused to approve their internal arrangement, and sold property to Echavez Any property possessed under any contract or by any combination mentioned or service mark, or a colorable imitation thereof, for another person,
alone. CFI and CA affirmed sale to Echavez exclusively so Ouano filed petition in the preceding paragraphs, and being the subject thereof, shall be forfeited to to enable that other person to fraudulently use such trade-name,
for certiorari to SC. the Government of the Philippines. trade-mark, or service mark on his own goods or in connection with
Held: SC modified CFI and CA decision and FORFEITED land the sale or advertising of his services.
in favor of state. SC declared the entire sale to Echavez void because it Whenever any of the offenses described above is committed by a corporation A trade-name or trade-mark as herein used is a word or words, name, title,
was sold in a manner contrary to law, and constituted a violation of or association, the president and each one of its agents or representatives in symbol, emblem, sign or device, or any combination thereof used as an
Article 185, or Machinations in public auction where the bidders caused the Philippines in case of a foreign corporation or association, who shall have advertisement, sign, label, poster, or otherwise, for the purpose of
other bidders to stay away from auction to reduce the price of thing knowingly permitted or failed to prevent the commission of such offense, shall enabling the public to distinguish the business of the person who owns
auctioned. Article 1411 of the Civil Code was also applied. be held liable as principals thereof. and uses said trade-name or trade-mark.
A service mark as herein used is a mark used in the sale or advertising of
Article 186. Monopolies and combinations in restraint of trade. — The Article 187-- Importation and disposition of falsely marked articles or services to identify the services of one person and distinguish them from
penalty of prision correccional in its minimum period or a fine ranging from 200 merchandise made of gold, silver, or other precious metals or their the services of others and includes without limitation the marks, names,
to 6,000 pesos, or both, shall be imposed upon: alloys. — The penalty of prision correccional or a fine ranging from 200 to symbols, titles, designations, slogans, character names, and distinctive
1,000 pesos, or both, shall be imposed on any person who shall knowingly features of radio or other advertising.
1. Any person who shall enter into any contract or agreement or shall import or sell or dispose of any article or merchandise made of gold, silver, or
take part in any conspiracy or combination in the form of a trust or other precious metals, or their alloys, with stamps, brands, or marks which fail
otherwise, in restraint of trade or commerce or to prevent by artificial to indicate the actual fineness or quality of said metals or alloys. ARTICLE 189 -- Unfair competition, fraudulent registration of trademark,
means free competition in the market; tradename or service mark
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual Punishable acts:
fineness of the article on which it is engraved, printed, stamped, labeled or a) Selling his goods, giving them the general appearance of
2. Any person who shall monopolize any merchandise or object of attached, when the rest of the article shows that the quality or fineness thereof
trade or commerce, or shall combine with any other person or the goods of another manufacturer or dealer (unfair competition)
is less by more than one-half karat, if made of gold, and less by more than four b) Affixing to his goods or using in connection with his
persons to monopolize and merchandise or object in order to alter one-thousandth, if made of silver, than what is shown by said stamp, brand,
the price thereof by spreading false rumors or making use of any services a false designation of origin, or any false description or
label or mark. But in case of watch cases and flatware made of gold, the actual representation; selling such goods or services (fraudulent
other article to restrain free competition in the market; fineness of such gold shall not be less by more than three one-thousandth than designation of original; false description).
the fineness indicated by said stamp, brand, label, or mark.
 12
c) Procuring fraudulently from the patent office the registration Section 4: Importation of Dangerous Drugs and/or Controlled PRecursors case against Cabanico was dismissed while those
of trade name, trademark or service mark. and Essential Chemicals; against the two Chinesemen were proceeded with ,
Note: resulting in the conviction of both.
a) Mere offer to sell completes the crime. Section 5. Sale, Trading, Administration, Dispensation, Delivery,
b) Evidence of actual fraudulent intent is not necessary. Distribution and Transportation of Dangerous Drugs and/or Controlled Held: The High Court held that the law never
Precursors and Essential Chemicals. intended to hold a person guilty of the possession of
TITLE V -- COMPREHENSIVE DANGEROUS the prescribed drug when in fact he merely had the
DRUGS ACT Section 6. Maintenance of a Den, Dive or Resort where any dangerous custody of the same without knowledge of its
Read R.A. 9165 (amending R.A. 6425); also Read Comprehensive drug is used or sold in any form nature, and this court so held in disposing of the
Dangerous Drugs Act: by Dascil and Aquino case against Cabinico. But it is equally clear that
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors the law never intended the possession of the drug
Section 1. Short Title. – This Act shall be known and cited as the and Essential Chemicals. should be limited to mere manual touch or personal
"Comprehensive Dangerous Drugs Act of 2002" custody. Upon such a holding, a guilty principal
Section 11. Possession of Dangerous Drugs could often escape by taking the precaution to
SALIENT FEATURES: never have the drug in his actual possession, and
The new law provides for several new salient features among which In order for possession to be perfected, three (3) things are required: 1) thus defeat the intent of the law. The words "having
are as follows: occupancy; 2) apprehension or taking; and 3) that the taking be with an intent possession of" must therefore be extended to
1. It increases the range of penalties; to possess (animus possidendi) include constructive possession; that is, the relation
2. It lowers the number of grams from 200 to 10 in order to make the between the owner of the drug and the drug itself
offense of possession non-bailable; Note that not only actual possession is being when the owner is not in actual physical
3. It denies the applicability of the rules on plea bargaining; punished by the law, but likewise constructive possession, but when it is still under his control and
4. It makes the probation law inapplicable. A convicted drug pusher or possession. mangement and subject to his disposition. It is
trafficker, regardless of the penalty imposed, cannot be allowed to immaterial whether Lee See or Chan Guy Juan was
avail of the probation law. US vs. Chan Guy Juan (23 Phil. 105) the real owner of the opium found in the sack of
5. It imposes the maximum penalties on members of law enforcement sugar. The evidence shows both were guilty
agencies found guilty of planting evidence. Facts: Sometime in May 1910, the steamer Ton- principals in the effort to land the opium from the
Yek anchored in the Bay of Calbayog, Samar. A steamer.
Article 1 – Definition of terms Chines named Lee See, one of the passengers,
disembarked and went to the house of the Cabinico was the innocent agent of the defendant in
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the appellant, Chan Guy Juan in the town of Calbayog this case, and the responsibility for carrying the
1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and engaged in a lengthy conversation. Lee See opium ashore therefore reverts to this defendant.
and in the Schedules annexed to the 1971 Single Convention on Psychotropic then returned to the boat and the appellant One who employs an innocent agent to commit a
Substances as enumerated in the attached annex which is an integral part of employed one Isidro Cabinico to go alongside of the crime is liable as a principal, although he does
this Act. steamer with his baroto and receive from the said nothing to further himself in the actual commission
ee See a certain sack containing, as the appellant of the crime.
Note: Under the old law, dangerous drugs refer said, sugar.
either to prohibited drug or regulated drug. The new R.A. NO. 6245 R.A. NO. 9165
law conforms with the internationally accepted On arriving at the steamer, Lee See, who was on 40 grams or more of opium 10 grams or more of opium
definition of dangerous drugs. There is no deck, tied a rope around the sack, and lowered it 40 grams or more of morphine 10 grams or more of morphine
distinction between the two (2) categories under the into Cabinico’s baroto. The latter, while on his way 40 grams or more of heroin 10 grams o more of heroin
new law. to the house of the appellant with the sack and its 40 grams or more of cocaine or 10 grams or more of cocaine or cocaine
contents, was arrested and the contents of the sack cocaine hydrochloride hydrochloride
Article II – Unlawful Acts and Penalties examined and found to consist of a small amount of 200 grams or more of “shabu” or 50 grams or more of “shabu” or
sugar and twenty-eight (28) cans of opium. This methylamphetamine methylamphetamine hydrochloride
opium was confiscated by the local authorities. The hydrochloride
 13
50 grams or more of marijuana 10 grams or more of marijuana resin or privilege granted by the Probation Law or Presidential Decree No. 968, as
resin or marijuana oil marijuana oil (4) After the filing of the criminal case, the Court shall, within seventy-two (72) amended.
750 grams or more of Indian 500 grams or more of marijuana hours, conduct an ocular inspection of the confiscated, seized and/or
hemp or marijuana surrendered dangerous drugs, plant sources of dangerous drugs, and Section 25. Qualifying Aggravating Circumstances in the Commission of
NO COUNTERPART 10 grams or more of other dangerous controlled precursors and essential chemicals, including the a Crime by an Offender Under the Influence of Dangerous Drugs. –
drugs, such as but not limited to instruments/paraphernalia and/or laboratory equipment, and through the PDEA Notwithstanding the provisions of any law to the contrary, a positive finding for
methylenedioxymethamphetamine shall within twenty-four (24) hours thereafter proceed with the destruction the use of dangerous drugs shall be a qualifying aggravating circumstance in
(MDMA) or “ecstasy”, or burning of the same, in the presence of the accused or the person/s from the commission of a crime by an offender, and the application of the penalty
paramethoxyamphetamine (PMA), whom such items were confiscated and/or seized, or his/her representative or provided for in the Revised Penal Code shall be applicable.
trimethoxyamphetamine (TMA), lysergic counsel, a representative from the media and the DOJ, civil society groups and
acid diethylalmine (LSD), gamma any elected public official. The Board shall draw up the guidelines on the
hydroxybutyrate (GHB) , and those manner of proper disposition and destruction of such item/s which shall be Section 33. Immunity from Prosecution and Punishment. –
similarly designed or newly introduced borne by the offender: Provided, That those item/s of lawful commerce, as Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of
drugs and their derivatives. determined by the Board, shall be donated, used or recycled for legitimate Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness
purposes: Provided, further, That a representative sample, duly weighed and Protection, Security and Benefit Act of 1991, any person who has violated
Section 15. Use of Dangerous Drugs recorded is retained; Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives
information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II
Section 16. Cultivation or Culture of Plants Classified as Dangerous (5) The Board shall then issue a sworn certification as to the fact of destruction of this Act as well as any violation of the offenses mentioned if committed by a
Drugs or are Sources Thereof. or burning of the subject item/s which, together with the representative drug syndicate, or any information leading to the whereabouts, identities and
sample/s in the custody of the PDEA, shall be submitted to the court having arrest of all or any of the members thereof; and who willingly testifies against
Section 19. Unlawful Prescription of Dangerous Drugs jurisdiction over the case. In all instances, the representative sample/s shall be such persons as described above, shall be exempted from prosecution or
kept to a minimum quantity as determined by the Board; punishment for the offense with reference to which his/her information of
Section 21. Custody and Disposition of Confiscated, Seized, and/or testimony were given, and may plead or prove the giving of such information
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, (6) The alleged offender or his/her representative or counsel shall be allowed and testimony in bar of such prosecution: Provided, That the following
Controlled Precursors and Essential Chemicals, to personally observe all of the above proceedings and his/her presence shall conditions concur:
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA not constitute an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in writing to the (1) The information and testimony are necessary for the conviction of
shall take charge and have custody of all dangerous drugs, plant sources of
accused or his/her counsel within seventy-two (72) hours before the actual the persons described above;
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized burning or destruction of the evidence in question, the Secretary of Justice
(2) Such information and testimony are not yet in the possession of
and/or surrendered, for proper disposition in the following manner: shall appoint a member of the public attorney's office to represent the former;
the State;
(1) The apprehending team having initial custody and control of the drugs shall, (7) After the promulgation and judgment in the criminal case wherein the (3) Such information and testimony can be corroborated on its
immediately after seizure and confiscation, physically inventory and representative sample/s was presented as evidence in court, the trial material points;
photograph the same in the presence of the accused or the person/s from prosecutor shall inform the Board of the final termination of the case and, in
whom such items were confiscated and/or seized. x x x turn, shall request the court for leave to turn over the said representative (4) the informant or witness has not been previously convicted of a
sample/s to the PDEA for proper disposition and destruction within twenty-four crime involving moral turpitude, except when there is no other direct
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous (24) hours from receipt of the same; and evidence available for the State other than the information and
drugs, plant sources of dangerous drugs, controlled precursors and essential testimony of said informant or witness; and
chemicals, as well as instruments/paraphernalia and/or laboratory equipment, Section 23. Plea-Bargaining Provision. – Any person charged under any
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative provision of this Act regardless of the imposable penalty shall not be allowed to (5) The informant or witness shall strictly and faithfully comply without
and quantitative examination; avail of the provision on plea-bargaining. delay, any condition or undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of
(3) A certification of the forensic laboratory examination results, which shall be Section 24. Non-Applicability of the Probation Law for Drug Traffickers immunity from prosecution and punishment.
done under oath by the forensic laboratory examiner, shall be issued within and Pushers. – Any person convicted for drug trafficking or pushing under this
twenty-four (24) hours after the receipt of the subject item/s x x x Act, regardless of the penalty imposed by the Court, cannot avail of the
 14
Provided, further, That this immunity may be enjoyed by such informant or enforcement agency, if no longer needed for purposes of evidence in The requirement that a judicial warrant must be
witness who does not appear to be most guilty for the offense with reference to court; obtained prior to the carrying out of a search and
which his/her information or testimony were given: Provided, finally, That there seizure is, however, not absolute. There are certain
is no direct evidence available for the State except for the information and (f) x x x ; exceptions recognized in our law, one of which
testimony of the said informant or witness. relates to the search of moving vehicles. Peace
(g) Recommend to the DOJ the forfeiture of properties and officers may lawfully conduct searches of moving
other assets of persons and/or corporations found to be violating vehicles-automobiles, trucks, etc.without need of a
Section 68. Privilege of Suspended Sentence to be Availed of Only Once the provisions of this Act and in accordance with the pertinent warrant, it not being practicable to secure a judicial
by a First-Time Minor Offender. – The privilege of suspended sentence shall provisions of the Anti-Money-Laundering Act of 2001;
be availed of only once by an accused drug dependent who is a first-time warrant before searching a vehicle, since such
vehicle can be quickly moved out of the locality or
offender over fifteen (15) years of age at the time of the commission of the (h) Prepare for prosecution or cause the filing of jurisdiction in which the warrant may be sought. In
violation of Section 15 of this Act but not more than eighteen (18) years of age appropriate criminal and civil cases for violation of all laws on carrying out warrantless searches of moving
at the time when judgment should have been promulgated. dangerous drugs, controlled precursors and essential chemicals, and vehicles, however, peace officers are limited to
other similar controlled substances, and assist, support and routine checks, that is, the vehicles are neither
Section 77. The Dangerous Drugs Board. – The Board shall be the policy- coordinate with other government agencies for the proper and really searched nor their occupants subjected to
making and strategy-formulating body in the planning and formulation of effective prosecution of the same; x x x physical or body searches, the examination of the
policies and programs on drug prevention and control. It shall develop and
vehicles being limited to visual inspection.
adopt a comprehensive, integrated, unified and balanced national drug abuse
prevention and control strategy. It shall be under the Office of the President.
When, however, a vehicle is stopped and subjected
to an extensive search, such a warrantless search
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA).
would be constitutionally permissible only if the
– To carry out the provisions of this Act, the PDEA, which serves as the
officers conducting the search have reasonable or
implementing arm of the Board, and shall be responsible for the efficient and People vs. Barros (231 SCRA 557) probable cause to believe, before the search, that
effective law enforcement of all the provisions on any dangerous drug and/or
either the motorist is a law-offender or the contents
controlled precursor and essential chemical as provided in this Act. Facts: Francis Yag-as and James Ayan, embers of or cargo of the vehicle are or have been
the Philippine Constabulary (PC), Mountain instruments or the subject matter or the proceeds of
Section 84. Powers and Duties of the PDEA. – The PDEA shall: Province Command, rode in a bus bound for some criminal offense.
Sabangan, Mountain Province. Upon reaching
(a) Implement or cause the efficient and effective Chackchakan, Bontoc, Mountain Province, they saw In the case at bar, however, we have been unable
implementation of the national drug control strategy formulated the accused carrying a carton and put the same to rind in the record of this case any circumstance
by the Board x x x under his seat. Upon reaching Sabangan, the police which constituted or could have reasonably
officers searched the carton and found marijuana. constituted probable cause for the peace officers to
(b) Undertake the enforcement of the provisions of Article II They invited the accused to the detachment for search the carton box allegedly owned by appellant
of this Act relative to the unlawful acts and penalties x x x questioning. The latter denied the ownership of said Barros. The carrying of such a box by appellant
carton. The trial court decided against the Accused. onto a passenger bus could not, by itself, have
(c) Administer oath, issue subpoena and subpoena duces
convinced M/Sgt. Francis Yag-as and S/ Sgt.
tecum relative to the conduct of investigation involving the Held: The general rule is that a search and seizure James Ayan either that the appellant was a law
violations of this Act; must be carried out through or with a judicial violator or the contents of the box were instruments
warrant; otherwise such search and seizure or the subject matter or proceeds of some criminal
(d) Arrest and apprehend as well as search all violators and becomes "unreasonable" within the meaning of the
seize or confiscate, the effects or proceeds of the crimes x x x; offense. The carrying of carton boxes is common
above quoted constitutional provision. The evidence practice among our people, especially those coming
secured thereby-i.e., the "fruits" of the search and from the rural areas since such boxes constitute the
(e) Take charge and have custody of all dangerous drugs seizure-will be inadmissible in evidence "for any
and/or controlled precursors and essential chemicals seized, most economical kind at luggage possible. The
purpose in any proceeding.' peace officers here invalved had not received any
confiscated or surrendered to any national, provincial or local law
information or "tip-off" from an informer; nor such a
 15
"tip-off" was alleged by the police officers before or of the carton box and the four (4) kilos of marijuana Elements:
during the trial. The police officers also did not when these were formally offered in evidence by the 1) Offender performs an act or acts.
contend that they had detected the odor of dried prosecution. We consider that appellant's objection 2) Such act or acts are highly scandalous as offending
marijuana, or appellant Barros; had acted to the admission of such evidence was made clearly against decency or good customs.
suspiciously in the course of boarding the bus and and seasonably and that, under the circumstances, 3) The highly scandalous conduct is not expressly falling
taking a seat during the trip to Sabangan, nor in the no intent to waive his rights under the premises can within any other article of this Code.
course of being asked whether he owned the carton be reasonably inferred from his conduct before or 4) The act or acts complained of be committed in a public
box later ascertairred to contain four (4) kilos of during the trial. place or within the public knowledge or view.
marijuana. Note:
The accused silence during the warrantless search a) Distinction should be made as to the place where the offensive act
So far as the record itself is concerned, therefore, it should not be lightly taken as consent to that was committed:
would appear that there existed no circumstance search, but rather a "demonstration of regard for the 1) If in public place, there is criminal liability irrespective of whether the
which might reasonably have excited the suspicion supremacy of law" As a result thereof, appellant is immoral act was in open public view.
of the two (2) police officers riding in the same bus convicted of the crime charged. 2) If in private place, public view is required.
as appellant. There was, in brief, no basis for a valid
warrantless arrest. Accordingly, the search and Section 90. Jurisdiction. – The Supreme Court shall designate special courts Article 201 -- Immoral doctrines, obscene publications and indecent
seizure of the carton box was equally non- from among the existing Regional Trial Courts in each judicial region to shows
permissible and invalid. The "fruits" of the invalid Penalty shall be imposed upon:
exclusively try and hear cases involving violations of this Act. The number of
search and seizure-i.e., the four (4) kilos Of 1) Those who shall publicly expound or proclaim doctrines
courts designated in each judicial region shall be based on the population and
marijuana-should therefore not have been admitted openly contrary to public morals;
the number of cases pending in their respective jurisdiction.
in evidence against appellant. 2) (a) The authors of obscene literature, published
The DOJ shall designate special prosecutors to exclusively handle cases with their knowledge if any form; the editors publishing such literature; and the
It might be supposed that the non-admissibility of involving violations of this Act. owners/operators of the establishment selling the same.
evidence secured through an invalid warrantles (b) Those who, in theaters, fairs, cinematographs or
arrest or a warrantless search and seizure may be The preliminary investigation of cases filed under this Act shall be terminated any other place, exhibit indecent or immoral plans, scenes, acts or shows,
waived by an accused person. The a priori within a period of thirty (30) days from the date of their filing. whether live or in film, x x x which (1)glorify criminals or condone crimes; (2)
argument is that the invalidity of an unjustified serve no other purpose but to satisfy the market for violence, lust or
warrantless arrest, or an arrest effected with a When the preliminary investigation is conducted by a public prosecutor and a pornography; (3) offend any race or religion; (4) tend to abet traffic in and
defective warrant of arrest may be waived by probable cause is established, the corresponding information shall be filed in use of prohibited drugs; and (5) are contrary to law, public order, morals,
applying for and posting of bail for provisional court within twenty-four (24) hours from the termination of the good customs, established policies, lawful orders, decrees and edicts;
liberty, so as to estop an accused from questioning investigation. If the preliminary investigation is conducted by a judge and a (3) Those who shall sell, give away or exhibit films, prints,
the legality or constitutionality of his detention or the probable cause is found to exist, the corresponding information shall be filed by engraving, sculptures or literature which are offensive to morals.
failure to accord him a preliminary investigation. We the proper prosecutor within forty-eight (48) hours from the date of receipt of
do not believe, however, that waiver of the latter the records of the case. People vs. Aparici, 52 OG 249
(by, e.g., applying for and posting of bail) Held: The test of obscenity is its tendency to deprave or corrupt
necessarily, constitutes, or carries with it, waiver of Trial of the case under this Section shall be finished by the court not later those whose minds are susceptible to such immoral influences, and whether or
the former--an argument that the Solicitor General than sixty (60) days from the date of the filing of the information. Decision not such act, publication or performance shocks the ordinary and common
appears to be making impliedly. Waiver of the non- on said cases shall be rendered within a period of fifteen (15) days from the sense of men as indecency. The perceptible and discernible reaction of
admissibility of the "fruits" of an invalid warrantless date of submission of the case for resolution. the public or audience witnessing the act will determine whether it is
arrest and of a warrantless search and seizure is indecent or not. When the dancer had nothing on except a too
not casually to be presumed, if the constitutional TITLE VI -- CRIMES AGAINST PUBLIC MORALS abbreviated pair of nylon panties to interrupt her stark nakedness, and
right against unlawful searches and seizures is to (Offenses against Decency and Good Customs) the spectators were howling and shouting, “Sige muna, sige, nakakalibog,”
retain it's vitality for the protection of our people. it was clear that her dancing was indecent.
In the case at bar, defense counsel had expressly Article 200 -- Grave scandal
objected on constitutional grounds to the admission People vs. Padan, 101 PR 749
 16
On September 14, 1953, police raided a toro show in Tondo, Manila 2) MALFEASANCE -- performance of some act which ought not to be tolerates its commission. Offender must also act with malice and deliberate
where Marina Padan was caught in the act of sexual intercourse with Mr. done. intent to favor the violator of the law.
Cosme, her toro partner. 3) NONFEASANCE -- omission of some act which ought to be
Held: Test of obscenity is whether or not it is devoid of any performed. Article 209 -- Betrayal of trust by an attorney or solicitor. Revelation of
socially redeeming value. An actual exhibition of the sexual act, secrets.
preceded by acts of lasciviousness, can have no redeeming features. Article 204 -- Knowingly rendering unjust judgment. Punishable acts:
One can see nothing but clear and unmitigated obscenity, indecency and Elements: 1) Causing damage to his client, either:
an offense to public morals, inspiring nothing but lust and lewdness, and 1) That the offender is a judge. a) by any malicious breach of professional duty; or
exerting a corrupting influence on the youth of the land. 2) That he renders a judgment in a case submitted to him for b) Inexcusable negligence or ignorance. (Must
decision. establish damage to client)
Article 202 -- Vagrants and prostitutes 3) That judgment is unjust. 2) Revealing any of the secrets of his client learned by him
The following are vagrants: 4) That judge knows that his judgment is unjust. in his professional capacity. (Damage is not necessary)
1) Any person having no apparent means of subsistence 3) Undertaking the defense of the opposing party in the
yet who has the physical ability to work and neglects to apply himself or herself Article 205 -- Judgment rendered through negligence. . same case, without the consent of his first client, after having
to some lawful calling; Elements: undertaken the defense of the first client, or after having received
2) Any person found loitering about public or semi-public 1) That offender is a judge. confidential information from said client. (But if there is consent,
buildings or places or tramping or wandering about the country, or the streets 2) That he renders a judgment in a case submitted to him for there is no crime.)
without visible means of support; decision.
3) Any idle or dissolute person who lodges in houses of ill- 3) That judgment is manifestly unjust. Article 210 -- Direct bribery.
fame; ruffians or pimps and those who habitually associate with prostitutes; 4) That it is due to his inexcusable negligence or Punishable acts:
4) Any person who, not being included in the provisions of ignorance. 1) Agreeing to perform, or by performing, in consideration of
other articles of this Code, shall be found loitering in any inhabited or any offer, promise, gift or promise, an act constituting a crime, in
uninhabited place belonging to another without any lawful or justifiable Article 206 -- Unjust interlocutory order. — Any judge who shall knowingly connection with the performance of his official duties.
purpose; render an unjust interlocutory order or decree shall suffer the penalty of 2) Accepting a gift in consideration of the execution of an act
5) Prostitutes or women who, for money or profit, habitually arresto mayor in its minimum period and suspension; but if he shall have acted which does not constitute a crime, in connection with the
indulge in sexual intercourse or lascivious conduct. by reason of inexcusable negligence or ignorance and the interlocutory order performance of his official duty.
or decree be manifestly unjust, the penalty shall be suspension. 3) Agreeing to refrain, or by refraining, from doing
TITLE VII (CRIMES AGAINST PUBLIC OFFICERS) something which is his official duty to do, in consideration of gift,
Article 207 -- Malicious delay in the administration of justice. promise, or reward.
Article 203 -- Requisites to be a public officer. Elements: Note:
Requisites to be a public officer: 1) That the offender is a judge. a) Must be in the discharge or performance of his official duties.
1) Taking part in the performance of public functions in 2) That there is a proceeding in his court.
the Government or performance in said Government or in any of its 3) That he delays the administration of justice. Dacumos vs. Sandiganbayan, 195 SCRA 833
branches public duties as an employee, agent or subordinate official 4) That the delay is malicious, or caused by the judge with The petitioner, a revenue examiner of BIR, offered to settle the tax
of any rank or class. deliberate intent to inflict damage on either party in the case. liability of R. Revilla Interiors in the amount of 35,000.00 instead of P73,307.31.
2) That his authority to take part in the performance of public The manager of the firm reported the matter to the NBI and entrapment was
functions or to perform public duties must be: Article 208 -- Prosecution of offenses: negligence and tolerance. arranged. Petitioner accepted the tendered white enveloped containing money
L a) By direct provisions of Law. Elements: previously dusted, and then he was arrested. Petitioner Dacumos set up
E b) By popular Election. 1) Maliciously refraining from instituting prosecution against defense of instigation and that charges against him were fabricated.
A c) By appointment by competent Authority. violators of the law. Held: SC affirmed conviction. It was not instigation but a
2) Maliciously tolerating the commission of offenses. legitimate entrapment. Court is not inclined to believe that the
CRIMES OF MALFEASANCE AND MISFEASANCE IN OFFICE PREVARICACION -- this is dereliction of duty when knowing the complainant would be so vindictive as to falsely incriminate the petitioner
1) MISFEASANCE -- improper performance of some act which might commission of a crime, offender does not cause the prosecution of the with the serious charge of bribery just because the petitioner refused to
lawfully be done. criminal, or knowing that a crime is about to be committed, offender merely reduce the tax assessment. The technical report on the test conducted by
 17
the NBI for flourescent powder on the petitioner’s hands invited easy with any interested party or speculator, or made use of any other scheme with Common elements:
acceptance. regard to furnishing supplies, making of contracts, or the adjustment or 1) That the offender is a public officer who has:
settlement of accounts relating to public funds or property; the public officer a) Official custody of public funds or property or the duty to
Article 211 – Indirect bribery. had intent to defraud the government. collect or receive funds due to the government.
Elements: 2) Illegal exaction under par. 2 -- offender is a public b) The obligation to account for them to the government.
1) Offender is a public officer. officer entrusted with the collection of taxes, licenses, fees and other imposts; 2) That he has the custody or control of funds or property by
2) He accepts gifts. that he commits any of the following three (3) acts or omissions. reason of the duties of his office.
3) The gifts are offered to him by reason of his office. 3) That those funds or property were public funds or property
Note: Article 214 -- Other frauds. — In addition to the penalties prescribed in the for which he was accountable.
a) Distinctions between Direct bribery vs. Indirect bribery: provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of 4) That he appropriated, took, misappropriated or consented
1) In Direct bribery, there is an agreement between the or through abandonment or negligence, permitted another person
temporary special disqualification in its maximum period to perpetual special
public officer and the giver of the gift or present; while in Indirect bribery, disqualification shall be imposed upon any public officer who, taking advantage to take them.
there is usually no such agreement. of his official position, shall commit any of the frauds or deceits enumerated in Note:
2) In Direct bribery, the offender agrees to perform an act or a) Malversation may be committed by private individuals ion the
said provisions.
refrains from doing something because of the gift or promise; while in Indirect following cases:
bribery, it is not necessary that the officer would do any particular act or even Article 215 -- Prohibited transactions. — The penalty of prision correccional 1) Those in conspiracy with public officers guilty of
promise to do an act, as it is enough that he accepts gifts by reason of his in its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall Malversation.
office. be imposed upon any appointive public officer who, during his incumbency, 2) Those who are accessory or accomplice to a public officer.
shall directly or indirectly become interested in any transaction of exchange or 3) Custodian of public funds or property in whatever capacity.
Article 211-A -- Qualified bribery. speculation within the territory subject to his jurisdiction. 4) Depositary or administrator of public funds or property.
Any public officer who, entrusted with law enforcement, refrains from b) In such case, damage not necessary to the government.
arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death, in consideration of any offer, promise, gift or Article 216 -- Possession of prohibited interest by a public officer. Labatagos vs. Sandiganbayan, 183 SCRA 415
present, shall suffer the penalty for the offense which was not prosecuted. Note: Labatagos was cashier of MSU, General Santos City. Upon audit she
a) Actual fraud is not necessary. was found to have a shortage of P105,711.94 which, she argued, were
Article 212 -- Corruption of public official. b) Intervention must be by virtue of the public office held. amounts she gave to her superiors but the receipts were lost.
Penalty shall be imposed upon any person who shall have made the Held: The SC affirmed her conviction for Malversation.
offer or promise or given the gifts or presents. Article 217 -- Malversation. Considering that the receipts were lost, and accused could not produce
Any public officer who, by reason of the duties of his office, is the amount, the presumption that she misappropriated the missing
Article 213 -- Frauds against national treasury and similar offenses. accountable for public funds of property, shall appropriate the same, or shall amounts remained unrebutted. Malversation, after all, can be committed
Penalty shall be imposed upon any public officer who: take or misappropriate or shall consent, or through abandonment or not only through personal misappropriation of public funds, but by
1) x x x negligence, shall permit any other person to take such public funds or knowingly or negligently allowing others to misappropriate public funds
2) Being entrusted with the collection of taxes, licenses, fees property, wholly or partially, shall be guilty of Malversation of public funds or for private use.
and other imposts, shall be guilty of any of the following acts or omissions: property.
a) Demanding the payment of sums different or larger than The failure of a public officer to have duly forthcoming any public Ilogon vs. Sandiganbayan, 218 SCRA 766
those authorized by law. funds or property with which he is chargeable, upon demand by any duly Petitioner Ilogon was both postmaster and cashier of Bureau of
b) Failing voluntarily to issue a receipt, as provided by law, authorized officer, shall be prima facie evidence that he has put such missing Posts om Cagayan de Oro City. As cashier, she accepted payments, made
for any sum of money collected by him officially. funds or property to personal use. collections and extended ‘vales’ or advances to postal employees. Later she
c) Collecting or receiving, directly or indirectly, by way of had a shortage of P118,871.29 and sued for Malversation. He argued he did
payment or otherwise, things or objects of a nature different from that Punishable acts: not personally benefit from the amount.
provided by law. 1) Appropriating public funds or property. Held: SC affirmed Sandiganbayan conviction for
Note: 2) Taking or misappropriating the same. Malversation.. Humanitarian grounds like giving ‘vales’ or cash advances
1) Illegal exaction under par. 1 -- offender is a public 3) Consenting or through abandonment or negligence by is not a valid defense. He is still liable for knowingly or negligently
officer who must take advantage of his office, that is he intervened in the permitting any other person to take such public funds or property/ allowing others to misappropriate public funds. That extending cash
transaction in his official capacity; the public officer entered into an agreement 4) Being otherwise guilty of the misappropriation or advances was a long-standing practice at the Bureau of Post is not a
Malversation of such funds or property.
 18
defense. Further, giving of “vales” is also prohibited under PD 1445, 1) Failing to make payment by a public officer who is under to deliberate non-performance of duty,” he allowed the detention prisoner
Section 69, otherwise known as the Government Auditing Code of the obligation to make such payment from the government funds in his possession. to escape.
Philippines. 2) Refusing to make delivery by public officer who has been
ordered by competent authority to deliver any property in his custody or under Article 225 -- Escape of prisoner under custody of a person not a
Article 218 – Failure to render accounts. his administration public officer.
Elements: a) The failure to make payment must be made maliciously. Note:
1) That the offender is a public officer, whether in the service a) This article does not apply the principle in conspiracy that the “crime
or separated therefrom. Article 222 – Officers included in the preceding provisions. — The of one is the crime of all.” If the offender is not the custodian of the prisoner,
2) That he must be an accountable officer for public funds or provisions of this chapter shall apply to private individuals who in any capacity offender is guilty of Delivery prisoners from jail under Article 156.
property. whatever, have charge of any insular, provincial or municipal funds, revenues,
3) That he is required by law or regulation to render accounts or property and to any administrator or depository of funds or property Article 226 -- Removal, concealment or destruction of documents. —
to the Commission on Audit, or to the provincial auditor. attached, seized or deposited by public authority, even if such property belongs Any public officer who shall remove, destroy or conceal documents or papers
4) That he fails to do so for a period of two months, after such to a private individual. officially entrusted to him, shall suffer:
accounts should be rendered. 1. The penalty of prision mayor and a fine not exceeding 1,000
Article 223 -- Conniving with or consenting to evasion. pesos, whenever serious damage shall have been caused thereby to
Article 219 -- Failure to render accounts before leaving the country. Elements: a third party or to the public interest.
Elements: 1) That the offender is a public officer. 2. The penalty of prision correccional in its minimum and medium
1) That offender is a public officer. 2) That he had custody or charge of a prisoner, either period and a fine not exceeding 1,000 pesos, whenever the damage
2) That he must be an accountable officer for public funds or detention prisoner or prisoner by final judgment.
to a third party or to the public interest shall not have been serious.
property. 3) That such prisoner escaped from his custody.
3) That he unlawfully left (or about to leave) the Philippines 4) That he was in connivance with the prisoner in the latter’s In either case, the additional penalty of temporary special disqualification in its
without securing from the COA a certificate showing that his escape. maximum period to perpetual disqualification shall be imposed.
accounts have been finally settled. Article 227 -- Officer breaking seal. — Any public officer charged with the
Article 224 -- Evasion through negligence. custody of papers or property sealed by proper authority, who shall break the
Article 220 -- Illegal use of public funds or property. Elements: seals or permit them to be broken, shall suffer the penalties of prision
Elements: 1) That the offender is a public officer. correccional in its minimum and medium periods, temporary special
1) That the offender is a public officer. 2) That he has charge with the conveyance or custody of a disqualification and a fine not exceeding 2,000 pesos.
2) That there is public fund or property under his prisoner either detention prisoner or prisoner by final judgment.
administration. 3) That such prisoner escapes through negligence. Article 228 -- Opening of closed documents. — Any public officer not
3) That such public fund or property has been appropriated by Note: included in the provisions of the next preceding article who, without proper
law or ordinance. a) That is being punished here is “definite laxity amounting to authority, shall open or shall permit to be opened any closed papers,
4) That he applies the same to a public use other than that deliberate non-performance of duty” on the part of the guard. documents or objects entrusted to his custody, shall suffer the penalties or
for which such fund or property has been appropriated by law or arresto mayor, temporary special disqualification and a fine of not exceeding
ordinance. Rodillas vs. Sandiganbayan, 161 SCRA 347 2,000 pesos.
Note: Accused Patrolman Rodillas was directed by his superior to escort a
a) Unlike in Malversation where offender in certain cases profits from certain Zenaida de Andres in a hearing before Judge Pardo in Caloocan City. Article 229 -- Revelation of secrets by an officer. — Any public officer who
the proceeds of the crime, in Technical malversation the offender does not After the hearing, they ate lunch, and allowed her to go to the comfort room shall reveal any secret known to him by reason of his official capacity, or shall
derive personal gain or profit from the effects of the crime. where she escaped through the window. wrongfully deliver papers or copies of papers of which he may have charge and
b) In Malversation, the public fund is applied to the personal use of the Held: SC affirmed his conviction for Evasion through which should not be published, shall suffer the penalties of prision correccional
offender or of another person, while in Technical malversation, the public negligence under Article 224. By allowing Zenaida to go to the comfort in its medium and maximum periods, perpetual special disqualification and a
fund is applied to another public use, but not for the personal use of the room without first checking the CR for possible escape, and for not fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery
offender or another person. reporting the escape immediately to the authorities, he is liable under of such papers shall have caused serious damage to the public interest;
Article 224. It is his duty to take the necessary precaution to assure the otherwise, the penalties of prision correccional in its minimum period,
Article 221 -- Failure to make delivery of public funds or property. absence of any means of escape but through “definite laxity amounting temporary special disqualification and a fine not exceeding 50 pesos shall be
Elements: imposed.
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Article 230 -- Public officer revealing secrets of private individual. — Any 2) That he has under his charge a prisoner or detention latter in the lawful exercise of their powers, shall suffer the penalty of arresto
public officer to whom the secrets of any private individual shall become known prisoner. mayor in its medium period to prision correccional in its minimum period.
by reason of his office who shall reveal such secrets, shall suffer the penalties 3) That he maltreats such prisoner in either of the following
of arresto mayor and a fine not exceeding 1,000 pesos. chan robles virtual law manner: Article 241 -- Usurpation of judicial functions. — The penalty of arresto
library a) By overdoing himself in the correction and handling of a mayor in its medium period to prision correccional in its minimum period and
prisoner or detention prisoner under his charge either -- shall be imposed upon any officer of the executive branch of the Government
1) By the imposition of punishments not authorized by the who shall assume judicial powers or shall obstruct the execution of any order
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
regulations. or decision rendered by any judge within its jurisdiction.
Article 231 -- Open disobedience. — Any judicial or executive officer who 2) By inflicting such punishments authorized by law but in a
cruel and humiliating manner. Article 242 -- . Disobeying request for disqualification. — Any public officer
shall openly refuse to execute the judgment, decision or order of any superior who, before the question of jurisdiction is decided, shall continue any
b) By maltreating such prisoner to extort a confession or to
authority made within the scope of the jurisdiction of the latter and issued with proceeding after having been lawfully required to refrain from so doing, shall be
all the legal formalities, shall suffer the penalties of arresto mayor in its medium obtain some information from the prisoner.
punished by arresto mayor and a fine not exceeding 500 pesos.
period to prision correccional in its minimum period, temporary special
Article 236 -- Anticipation of duties of a public office. — Any person
disqualification in its maximum period and a fine not exceeding 1,000 pesos. Article 243 -- Orders or requests by executive officers to any judicial
who shall assume the performance of the duties and powers of any public
Article 232 -- Disobedience to order of superior officers, when said order officer or employment without first being sworn in or having given the bond authority. — Any executive officer who shall address any order or suggestion
was suspended by inferior officer. — Any public officer who, having for any required by law, shall be suspended from such office or employment until he to any judicial authority with respect to any case or business coming within the
reason suspended the execution of the orders of his superiors, shall disobey shall have complied with the respective formalities and shall be fined from 200 exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto
such superiors after the latter have disapproved the suspension, shall suffer to 500 pesos. mayor and a fine not exceeding 500 pesos.
the penalties of prision correccional in its minimum and medium periods and
Article 237 -- Prolonging performance of duties and powers. — Any public
perpetual special disqualification. Article 244 -- Unlawful appointments.
officer shall continue to exercise the duties and powers of his office,
employment or commission, beyond the period provided by law, regulation or Elements:
Article 233 -- Refusal of assistance. — The penalties of arresto mayor in its 1) That the offender is a public officer.
medium period to prision correccional in its minimum period, perpetual special special provisions applicable to the case, shall suffer the penalties of prision
correccional in its minimum period, special temporary disqualification in its 2) That he nominates or appoints a person to a public
disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a office.
public officer who, upon demand from competent authority, shall fail to lend his minimum period and a fine not exceeding 500 pesos.
3) That such person lacks the legal qualification.
cooperation towards the administration of justice or other public service, if such 4) That the offender knows that his nominee or appointee
failure shall result in serious damage to the public interest, or to a third party; Article 238 -- Abandonment of office or position. lacks the qualifications at the time he made the nomination or
otherwise, arresto mayor in its medium and maximum periods and a fine not Elements: appointment.
exceeding 500 pesos shall be imposed. 1) That the offender is a public officer.
2) That he formally resigns from his position. Article 245 -- Abuses against chastity.
Article 234 -- Refusal to discharge elective office. — The penalty of arresto 3) That his resignation has not yet been accepted. Elements:
mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any 4) That he abandons his office to the detriment of the public 1) That the offender is a public officer.
person who, having been elected by popular election to a public office, shall service. 2) That offender solicits or makes immoral or indecent
refuse without legal motive to be sworn in or to discharge the duties of said
advances to a woman.
office. Article 239 -- Usurpation of legislative powers. — The penalties of 2) Such woman must be
prision correccional in its minimum period, temporary special disqualification a) Interested in matters pending before the offender for
Article 235 -- Maltreatment. and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer decision, or with respect to which he is required to submit a report to
Penalty shall be imposed upon any public officer or employee who who shall encroach upon the powers of the legislative branch of the or consult with a superior officer; or directly charged with the care
shall overdo himself in the correction or handling of a prisoner or detention Government, either by making general rules or regulations beyond the scope of and custody of prisoners or persons under arrest; or
prisoner under his charge. his authority, or by attempting to repeal a law or suspending the execution b) Under the custody of such offender who is a warden or other
Qualified if the purpose of the maltreatment is to extort a confession, thereof. public officer.
or to obtain some information from the prisoner. Article 240 -- Usurpation of executive functions. — Any judge who shall c) The wife, daughter, sister or relative within the same
Elements: assume any power pertaining to the executive authorities, or shall obstruct the degree by affinity of the person under the custody of the offender.
1) That the offender is a public officer or employee.
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TITLE VIII (CRIMES AGAINST PERSONS) Any legally married person who, having surprised his spouse in the E 3) On occasion of an Earthquake, eruption of a volcano,
act of committing sexual intercourse with another person, shall kill any of them destructive cyclone, epidemic or other public calamity.
Article 246 -- Parricide. or both of them in the act or immediately thereafter, or shall inflict upon any T 4) With Treachery, taking advantage of superior strength, with
Any person who shall kill his father, mother or child, whether of them any serious physical injury, shall suffer the penalty of destierro. the aid of armed men, or employing means to weaken the defense of means
legitimate or illegitimate, or any of his ascendants or descendants, or his If he shall inflict upon them physical injuries of any other kind, he or persons to insure or afford impunity.
spouse, shall be guilty of parricide, and shall be punished x x x shall be exempt from punishment. E 5) With Evident premeditation.
Elements: Elements: A 6) With cruelty, by deliberately and inhumanly Augmenting
1) That a person is killed. 1) That a legally married person or parent surprises his the suffering of the victim, or outraging or scoffing at his person or corpse.
2) That the deceased is killed by the accused. spouse or his daughter, the latter under 18 years of age and living (Recall PIETEA)
3) That the deceased is the father, mother or child (but not with him, in the act of committing sexual intercourse with another Elements:
less than three days old), whether legitimate or illegitimate, or a person. 1) A person was killed.
legitimate other ascendant or descendant, or the legitimate spouse, 2) That he/she kills any or both of them or inflicts upon any or 2) Accused killed him.
of the accused. both of them any serious physical injury in the act or immediately 3) The killing was attended by any of the attendant
thereafter. circumstances enumerated under Article 248.
a) Cases of parricide when penalty shall not be reclusion perpetua to 3) That he has not promoted or facilitated the prostitution of 4) The killing is not parricide or infanticide.
death: his wife or daughter, or that he and she has not consented to the Note:
1) Parricide through negligence. infidelity of the other spouse. a) Murder is committed when only one of the circumstances described
2) Parricide by mistake (Article 249) Note: is present. When more than one are present, the others are treated as
3) Parricide under exceptional circumstances (Article 247) a) The discovery, the escape, the pursuit and the killing must all form generic aggravating circumstances.
part f one continuous act. b) When the other circumstances are absorbed, they cannot be
4) Crime is PARRICIDE -- If killing of legitimate or illegitimate b) This is applicable only when the daughter is single. considered generic.
father, mother or child or legitimate spouse or legitimate other ascendant or c) Any of the qualifying circumstances must be alleged in the
descendant. If illegitimate spouse, crime is murder. If killing of legitimate People vs. Abarca, 153 SCRA 735 Information.
brother or sister, crime is not parricide but homicide or murder. Abarca, after having surprised his wife in sex with Kingsley Paul
5) If killing of child less than 3 days old and capable of intra- Koh, shot him dead after more than one hour had lapsed. Also seriously injured People vs. Buensuceso, 132 SCRA 143
uterine life outside the uterus -- crime is Infanticide. If incapable of surviving were the Amparado couple and in the lower court he was convicted for the Pat. Buensuceso with Pat. Aguilar shot the victim Tayag for refusing
outside the uterus, crime is Abortion. Complex crime of Murder with Double Fustrated Murder. to surrender his fan knife while the victim was already retreating backwards,
6) If stranger helps husband killl the wife -- husband liable for Held: SC reversed the conviction, and sentenced him only to and later fell on his knees. The victim was hit several times and died on the
Parricide, but stranger is liable for Murder (or homicide) because no Destierro under Article 247. Neither was he held liable for the serious spot.
relationship with the wife. physical injuries sustained by the Amparado couple because killing, or Held: The SC affirmed their conviction for Murder, qualified
injuries, suffered under Article 247 is not an unlawful act. Also, despite by treachery indicated by the wounds at his back, that he was retreating
People vs. Jumawan, 166 SCRA 739 the lapse of more than one hour since discovery up to the killing, SC held backwards, and that he was completely defenseless. Further, SC held
Presentacion Jumawan conspired with her father, and two brothers, it was still committed “immediately thereafter” since the killing was the that where victim died from several wounds inflicted by different persons
in killing her husband, Rodolfo with whom he is no longer in love. Together “proximate result of the outrage overwhelming the accused in finding the and it is not known which person inflicted the mortal wound, all of them
they killed her husband by stabbing him around 9:30 p.m. on June 19, 1976 other spouse in the basest act of sexual infidelity.” are liable for victim’s death under theory of conspiracy.
inside a store owned by their relative.
Held: SC affirmed conviction for Murder qualified by Article 248 -- Murder. Article 249 -- Homicide.
treachery and the generic aggravating circumstances of superior Any person who shall kill another, not falling within the provisions of Any person who, not falling within the provision of Article 246, shall
strength and evident premeditation. SC held, however, it could not be Article 246, shall be guilty of murder and punished by reclusion perpetua to kill another without the attendance of any of the circumstances enumerated in
Parricide because the relationship of husband and wife was not alleged death if committed with any of the following attendant circumstances. the next preceding article, shall be deemed guilty of homicide and punished by
in the Information which is an indispensable requirement for the P 1) In consideration of a Price, reward or promise. reclusion temporal.
conviction of parricide. I 2) By means of Inundation, fire, poison, explosion, explosion, Elements:
shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of 1) A person was killed.
Article 247 -- Death under exceptional circumstances. an airship, or by means of motor vehicles, or with the use of any other means 2) Offender killed him without any justifying circumstances.
involving great waste and ruin. 3) Offender has the intention to kill, which is presumed.
 21
4) The killing was not attended by any of the qualifying 3) That several persons quarreled and assaulted one another a) Mercy killing is the practice of painlessly putting to death a person
circumstances of murder, or that of parricide or infanticide. in a confused and tumultuous affray. suffering from some incurable disease. Not considered as included in Article
Note: 4) That someone was killed in the course of the affray. 253 because the person killed does not want to die. A doctor who resorts to
a) Intent to kill is conclusively presumed when death resulted. Evidence 5) That it cannot be ascertained who actually killed the euthanasia may be liable for murder.
of intent to kill is important only in attempted or frustrated homicide. deceased.
b) Accidental homicide – is the death of a person brought by a lawful 6) That the person or persons who inflicted serious physical Article 254 -- Illegal discharge of firearms.
act performed with proper care and kill, and without homicidal intent. injuries who use violence can be identified. Any person who shall shoot another with any firearm shall suffer the
Note: penalty of prision correccional in its minimum and medium periods, unless
People vs. Pugay, 167 SCRA 439 a) At least four (4) persons must take part. the facts of the case are such that the act can be held to constitute frustrated or
Deceased Miranda was a 25-yeard-old mental retardate. His friend b) Persons killed need not be participants therein. attempted parricide, murder, homicide or any other crime for which a higher
Pugay played games with him by putting gasoline on the victim, while Samson c) If person who inflicted fatal wound is known, crime is homicide. penalty is prescibed by this Code.
lighted a match, setting Miranda inadvertently on fire and killing him. Cavite CFI
convicted them for murder, qualified by treachery with the mitigating Article 252 -- Physical injuries inflicted in a tumultuous affray. Elements:
circumstance of praeter intententionem. When in a tumultuous affray only serious physical injuries are 1) That the offender discharges a firearm against or at
Held: SC modified crime to Homicide through Reckless inflicted upon the participants thereof and the person responsible therefor another person.
Imprudence. It could not be Murder because there was no intent to kill cannot be identified, all those who appear to have used violence upon the 2) That the offender has no intention to kill that person.
nor treachery, the two accused merely playing games on the deceased. person of the offended party shall suffer the penalty next lower in degree than
They also had no motive to kill deceased, who is their friend. Rather, that provided for the physical injuries so inflicted. Article 255 -- Infanticide.
through their recklessness and negligence in putting gasoline and The penalty provided for parricide in Article 246 and for murder in
setting fire on the victim, they caused his death hence, crime is Homicide Elements: Article 248 shall be imposed upon any person who shall kill any child less than
through Reckless Imprudence. 1) That there is a tumultuous affray. three days of age.
2) That a participant or some participants thereof suffered If the crime is committed for the purpose of concealing her dishonor,
Article 250 -- Penalty for frustrated parricide, murder or homicide. serious physical injuries or physical injuries of a less serious nature she shall suffer a lower penalty x x x.
The courts may impose upon the person guilty of the frustrated crime only. Elements:
of parricide, murder or homicide a penalty lower by one degree than that which 3) That the person responsible thereof cannot be identified. 1) That a child was killed by the accused.
should be imposed under the provisions of Article 50. 4) That all those who appear to have used violence upon the 2) That the deceased child was less than 72 hours old.
person of the offended party are known. Note:
Article 251 -- Death caused in a tumultuous affray. Note: a) Other person who kills a child less than three days old to suffer
When, while several persons not composing groups organized for a) The injured party must be a participant in the affray. penalty for murder.
the common purpose of assaulting and attacking each other reciprocally, b) Only the ones who used violence are liable. b) Only the mother and maternal grandparents of the child are entitled
quarrel and assault each other in a confused and tumultuous manner, and in c) Slight physical injuries excluded. to the mitigating circumstances of concealing the dishonor.
the course of the affray someone is killed, and it cannot be ascertained who c) Concealing dishonor is not an element of the crime.
actually killed the deceased, but the person or persons who inflicted serious Article 253 -- Giving assistance to suicide.
physical injuries can be identified, such person or persons shall be punished by Any person who shall assist another to commit suicide shall suffer Article 256 -- Intentional abortion.
prision mayor. the penalty of prision mayor; if such person lends his assistance to another to Any person who shall intentionally cause an abortion shall suffer:
If it cannot be determined who inflicted the serious physical injuries the extent of doing the killing himself, he shall suffer the penalty of reclusion 1) The penalty of reclusion temporal if he shall use any
on the deceased, the penalty of prision correccional in its medium and temporal. However, if the suicide is not consummated, the penalty of arresto violence upon the person of the pregnant woman.
maximum periods shall be imposed upon all those who shall have use violence mayor in its medium and maximum period shall be imposed. 2) The penalty of prision mayor, if without using violence he
upon the person of the victim. shall act without the consent of the woman.
Punishable acts: 3) The penalty of prision correccional in its medium and
Elements: 1) Assisting another to commit suicide, whether the suicide is maximum periods if the woman shall have consented.
1) That there be several persons. consummated or not.
2) That they did not compose groups organized for the 2) Lending his assistance to another to commit suicide to the Acts punished:
common purpose of assaulting and attacking each other reciprocally. extent f doing the killing himself. 1) By using any violence upon the person of the pregnant
Note: woman.
 22
2) By acting, but without using violence, without the consent the immediate strangling of the victim in a fight, is not sufficient proof to In any other case, the combatants shall suffer the penalty of arresto mayor,
of the woman (by administering drugs/beverages upon a pregnant woman show intent to cause abortion. Appellant may have merely intended to kill although no physical injuries have been inflicted.
without her consent). the victim, but not necessarily to cause an abortion.
3) By acting, with the consent of the pregnant woman (by The seconds shall in all events be punished as accomplices.
administering drugs/beverages). Article 258 -- Abortion practiced by the woman herself, or by her
Elements: parents. Article 261 -- Challenging to a duel. — The penalty of prision correccional in
1) That there is a pregnant woman. The penalty of x x x shall be imposed upon a woman who shall its minimum period shall be imposed upon any person who shall challenge
2) That violence is exerted, or drugs or beverages practice an abortion upon herself or shall consent that any other person should another, or incite another to give or accept a challenge to a duel, or shall scoff
administered, or that the accused otherwise acts upon such pregnant woman. do so. at or decry another publicly for having refused to accept a challenge to fight a
3) That as a result of the use of violence or drugs or Elements: duel.
beverages upon her, or any other act of the accused, the fetus dies, either in 1) That there is a pregnant woman who has suffered an
the womb, or after having been expelled therefrom. abortion. Article 262 – Mutilation
2) That the abortion is intended.
3) That abortion is caused by: The penalty of x x x shall be imposed upon any person who shall
Note: Note: intentionally mutilate another by depriving him, either totally or partially, of
a) Intentional abortion is the intentional killing of a child below three a) The offender, who must be a physician, or midwife, causes or assists some essential organ for reproduction.
days of age incapable of surviving outside the uterus. If fetus could sustain an in causing the abortion.
independent life and is killed, the crime is infanticide. Otherwise, it is abortion. b) The physician or midwife takes advantage of his scientific knowledge Elements:
b) The person who caused the abortion is liable under Article 256. The or skill. a) Intentionally mutilating another by depriving him, either
woman is liable under Article 258, if she consented to the abortion caused on c) As to pharmacists, there is no proper prescription from a physician totally or partially, of some essential organ for reproduction.
her. If she did not consent t the abortion, she is not liable. and the offender dispenses any abortive substance. b) The mutilation is caused purposely and deliberately to
d) RA 4729 -- Law which regulates the sale, dispensation, and/or deprive the offended party of some essential organ for reproduction.
Article 257 -- Unintentional abortion. distribution of contraceptive drugs or devices. c) Intentionally making other mutilation by lopping or clipping
The penalty of prision correccional in its minimum and medium off any part of the body of the offended party, other than the essential
periods shall be imposed upon any person who shall cause an abortion by Article 259 -- Abortion practiced by a physician, midwife and organ for reproduction, to deprive of that part of his body.
violence, but unintentionally. dispensing of abortives.
Elements: Penalty shall be imposed upon any physician or midwife who, taking Article 263 -- Serious physical injuries.
1) That there is a pregnant woman. advantage of their scientific knowledge or skill, shall cause an abortion or Any person who shall wound, beat or assault another, shall be
2) That violence is used upon such pregnant woman without assist in causing the same. guilty of x x x and shall suffer:
intending an abortion. Any pharmacist who, without the proper prescription from a 1) The penalty of prision mayor, if in consequence of the
3) That the violence is intentionally exerted. physician, shall dispense any abortive shall suffer penalty x x x and a fine x x x physical injuries inflicted, the injured person shall become insane, imbecile,
4) That as a result of the violence, the fetus dies, either in the Elements: impotent or blind.
womb or after having been expelled therefrom. 1) That there is a pregnant woman who has suffered an 2) The penalty of prision correccional in its medium and
Note: abortion. maximum periods if in consequence of the physical injuries inflicted, the person
a) Violence is used upon such pregnant woman, without intending an 2) That the abortion is intended. injured shall have lost the use of speech or power to hear, smell, or shall have
abortion. 3) That the offender, who must be a physician or midwife, lost n eye, a hand, a foot and an arm, or a leg, or shall have lost the use of any
b) Violence is intentionally exerted. caused or assisted in causing the abortion. such member, or shall have become incapacitated for work in which he was
4) Said physician or midwife took advantage of his scientific habitually engaged.
People vs. Salufranja, 159 SCRA 401 knowledge or skill. 3) The penalty of prision correccional in its minimum and
Filomeno Salufrania, out of jealousy, attacked and boxed his wife medium periods if in consequence of the physical injuries inflicted, the person
who was eight months pregnant, killing her and the fetus inside her womb. He Article 260 -- Responsibility of participants in a duel. — The penalty injured shall have become deformed, or shall have lost any other part of his
was sued and convicted in the lower court for Complex crime of parricide of reclusion temporal shall be imposed upon any person who shall kill his body, or shall have lost the use thereof, or shall have been ill or incapacitated
with intentional abortion. adversary in a duel. for the performance of the work in which he was habitually engaged for a
Held: SC modified crime to Complex crime of parride with If he shall inflict upon the latter physical injuries only, he shall suffer the penalty period of more than 90 days.
Unintentional abortion. Mere boxing on the stomach, taken together with
provided therefor, according to their nature.
 23
4) The penalty of arresto mayor in its maximum period to 2) The physical injuries must not be those described in the a) By using force or intimidation; or
prision correccional in its minimum period, if the physical injuries shall have preceding articles. b) When the woman is deprived of reason or otherwise
caused the illness or incapacity for labor of the injured person for more than 30 unconscious; or
days. Article 266 -- Slight physical injuries and maltreatment. c) By means of fraudulent machination or grave abuse of
How committed: The crime of slight physical injuries shall be punished: authority; or
1) By wounding. 1) By arresto menor when the offender has inflicted physical d) When the woman is under 12 years of age, or demented.
2) By beating. injuries which shall incapacitate the offended party for labor from one to nine
3) By assaulting or days, or shall require medical attendance during the same period. Republic Act 8353 -- An Act Expanding the Definition of Rape,
4) By administering injurious substances. 2) By arresto menor or a fine x x x and censure when the Reclassifying Rape as a Crime Against Persons
Elements: offender has caused physical injuries which does not prevent the offended
1) When the person becomes insane, imbecile, impotent, or party from engaging in his habitual work nor reuqire medical attendance. Classification of rape:
blind in consequence of the physical injuries inflicted. 3) By arresto menor in its minimum period or a fine x x x 1) Traditional concept under Article 335 -- carnal knowledge
2) When the injured person -- when the offender shall ill treat another by deed without causing injury. with a woman against her will. The offended party is always a woman
a) Loses the use of speech or the power to hear or smell, or and the offender is always a man.
loses an eye, a hand, a foot, an arm or a leg. Acts punished: 2) Sexual assault -- committed with an instrument or an
b) Loses the use of any such member; or 1) Physical injuries incapacitated the offended party for labor from 1 to 9 object, or the use of the penis with penetration of mouth, or anal
c) Becomes incapacitated for the work in which he was days, or required medical attendance during the same period. orifice. The offended party, or the offender, can either be a man or
habitually engaged, in consequence of the physical injuries 2) Physical injuries which did not prevent the offended party from woman, that is if a woman or a man uses an instrument on anal
inflicted. engaging in his habitual work or which did not require medical attendance. orifice of male, he or she can be liable for rape.
3) When the injured person becomes ill or incapacitated from 3) Ill treatment of another by deed, without causing any injury. Note:
labor for more than 30 days (but not more than 90 days) as a result a) Sexual assault is committed under the following circumstances:
of the physical injuries inflicted. Article 266-A Rape -- When and how committed 1) Where the penis is inserted into the anal or oral orifice; or
2) Where an instrument or object is inserted into the genital or
Article 264 -- Administering injurious substances. Elements under par. 1: oral orifice.
Penalty shall be imposed upon any person who, without intent to kill, 1) Offender is a man. b) Aggravating/qualifying circumstances where rape is punishable by
shall inflict upon another any serious physical injury, by knowingly 2) Offender had carnal knowledge of a woman. MANDATORY DEATH.
administering to him any injurious substances or beverages, or by taking 3) Such act is accomplished under any of the following 1) When the victim is under 18 years of age, and the
advantage of his weakness of mind or credulity. circumstances: offender is a parent, ascendant, step-parent, guardian, relative by
Elements: a) By using force or intimidation. consanguinity or affinity within the third civil degree, or the common law spouse
1) Offender inflicted upon another any serious physical injury. b) When the woman is deprived of reason or otherwise of the parent of the victim.
2) It was done by knowingly administering to him any injurious unconscious. 2) When the victim is under the custody of the police or
substances or beverages or by taking advantage of his weakness of c) By means of fraudulent machination or grave abuse of military authorities, of any law enforcement or penal institution.
mind or credulity. authority. 3) When the rape is committed in full view of the spouse,
3) He had no intent to kill. d) Or when the woman is under 12 years of age or demented, parent or any of the children or other relatives within the third civil degree of
although no force or intimidation is employed. consanguinity.
Article 265 -- Less serious physical injuries. Elements under par. 2: 4) When the victim is a religious engaged in legitimate
Any person who shall inflict upon another physical injuries x x x 1) Offender commits an act of sexual assault. religious vocation or calling and is personally known to be such by the offender,
which shall incapacitate the offended party for labor for ten days or more, or 2) The act of sexual assault is committed by any of the before or at the time of the commission of the crime.
shall require medical attendance for the same period, shall be guilty of less following means: 5) When the victim is a child below 7 years old.
serious physical injuries x x x a) By inserting his penis into another person’s mouth or anal 6) When the offender knows that he is afflicted with
Note: orifice; or HIV/AIDS or any other sexually transmissible disease.
1) Offended party is incapacitated for labor for 10 days or b) By inserting any instrument or object into the genital or anal 7) When committed by any member of the AFP or para-
more (but not more than 30 days), or needs medical attendance for the same orifice of another person. military units thereof of the PNP or any law enforcement agency or penal
period of time. 3) The act of sexual assault is accomplished under any of the institution, when the offender took advantage of his position to facilitate the
following circumstances: commission of the crime.
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8) When by reason or on occasion of the rape, the victim has her organ. As the SC pointed out so eloquently, “there was only a e) Complex crime of kidnapping with murder – when victim is
suffered permanent physical mutilation or disability. shelling of the castle, but no bombardment of the drawbridge yet.” killed because of his refusal to pay the ransom and where kidnapping is a
9) When the offender knew of the pregnancy of the offended necessary means to commit the murder.
party at the time of the commission of the crime. People vs. Atento, 166 SCRA 739 But where the purpose is to kill him and not for detaining him, crime
10) When the offender knew of the mental disability, The victim Glenda Aringo is only 16 years of age but has a mental committed is murder.
emotional disorder and/or physical disability of the offended party at the time of age of 9 to 12 years old. She was raped by their neighbor, Cesar Atento, a 39- f) Distinctions between Illegal detention from Arbitrary detention:
the commission of the crime. year-old storekeeper, five times until she got pregnant. When prosecuted for 1) In Illegal detention, offender is a private individual who unlawfully
rape, she testified against accused but when asked to describe the rape act, kidnaps, detains or deprives a person of his liberty; while in Arbitrary
People vs. Orita, 184 SCRA 105 (1990) she said it was “Masarap.” detention, offender is a public officer who detains a person without legal
Accused PC soldier Orita followed 19-year-old Cristina Abayan from Held: The SC affirmed the accused’s conviction for statutory grounds.
party, used knife to force her to have sexual intercourse, but while on top, she rape because although she has a physical age of 16 years, she has a 2) In Illegal detention, crime is against Personal Liberty and Security;
managed to escape. Samar RTC convicted him of frustrated rape and case on mental age of a 9 to 12 year old. She was, in effect, deprived of reason while Arbitrary detention is a crime against Fundamental Law of the State.
appeal. under 2nd par. or accused can also be liable under the last par. of Article g) Two tests for kidnapping: 1st, actual detention for an appreciable
Held: SC held it’s consummated rape, and not mere 266-A the mental age of the victim being less than 12 years. period of time; and 2nd, intent to detain.
frustrated rape only. Citing People vs. Erinia, no frustrated stage
anymore and Erinia ruling was a stray decision. It is settled that slight TITLE IX CRIMES AGAINST LIBERTY and SECURITY People vs. Tomio, 202 SCRA 77
penetration consummates rape, and perfect penetration not essential. Victim Nagao, a Japanese tourist in the country, was approached by
Mere touching of lips of vagina, without laceration of vagina or emission, ARTICLE 267 -- Kidnapping and serious illegal detention. Tomio, with two other Japanese who planted marijuana in Nagao’s pocket and
already consummates rape. Any private individual who shall kidnap or detain another for in any in collusion with WPD policemen, had Nagao arrested. The three Japanese
other manner deprives him of his liberty, shall suffer the penalty of reclusion made it appear that they advanced his bail and demanded $100,000.00 from
People vs. dela Pena, 233 SCRA 573 (1994) perpetua to death: him and refused to let him go until they paid him the amount which the victim
Accused dela Pena waylaid 9-year-old Rose Marasigan on her way 1) If the kidnapping or detention shall have lasted more than had to ask from his father in Japan. Meantime, Nagao was able to contact a
to school. Due to her resistance, and then playing dead, the accused dela three days. friend and the three Japanese were entrapped and arrested.
Pena panicked, could not get an erection, and fled. Valenzuela RTC held it is 2) If it shall have been committed simulating public authority. Held: SC affirmed conviction of the three Japanese for
consummated rape and penalty was reclusion perpetua. 3) If any serious physical injuries shall have been inflicted kidnapping for ransom. While victim Nagao had freedom of locomotion,
Held: SC, however, modified Valenzuela RTC decision and upon the person kidnapped or detained; or if threats to kill him shall have been he had no freedom to leave at will because of detention by threats and
held it’s only attempted rape. Although mere touching consummates made. intimidation, although not by actual force or violence. He could not
rape, rape presupposes an erect penis because without erection, there 4) If the person kidnapped or detained shall be a minor, escape from his captors because he could not speak Japanese, his
can be no penetration, no matter how slight, and without penetration, except when the accused is any of the parents, female or a public officer. passport and money were confiscated.
there can be no consummation. Also, both the rape victim and accused The penalty shall be death where the kidnapping or detention was
testified that there was no clear penetration because the victim at first committed for the purpose of extorting ransom from the victim or any other People vs. Lim, 190 SCRA 706
resisted, and the accused could not sustain an erection. person, even if none of the circumstances abovementioned were present in the Aida Villanueva, ten years old, and Avelyn Villanueva, 7 years old,
commission of the offense. went to the pier to fetch their mother. Since their mother did not arrive, and
People vs. Campuhan, (2000 case) Note: taking pity on the two children, Ms. Lim sheltered them for which Ms. Lim was
Mother saw accused and houseboy Campuhan in the act of almost a) Detention for more than three days not necessary when any of the prosecuted and convicted for kidnapping in the Masbate RTC.
raping her 4-year-old daughter in a kneeling position. Medical findings other circumstances is present. Held: SC reversed conviction, and acquitted Ms. Lim. Using
indicated hymen was still intact but since in previous Orita ruling entry into b) Victim need not be placed in an enclosure; restraint need not be the two tests, 1st, there was no actual detention because they could leave
labia without rupture of hymen already consummated rape, issue is whether or permanent. anytime, and secondly, Ms. Lim had no intent to detain the two children.
not crime is consummated, or attempted, rape only. c) Qualifying circumstances: if Also, no motive to kidnap because Ms. Lim could very well afford
Held: SC held crime is attempted rape only. Touching here 1) Purpose is to extort ransom. helpers.
means the penis indeed touched the labia and slid into the female organ, 2) Victim is killed, raped or tortured as a consequence.
and not merely stroke the external surface. Some degree of penetration d) Ransom -- is the money, price or consideration paid or demanded for People vs. Padica, 221 SCRA 362.
beneath the surface must be achieved, and the labia majora must be redemption of a captured person that would release the hostage from captivity. Victim Francis Banaga was brought by Padica et al to a certain
entered. Victim herself testified that penis grazed but did not penetrate place, and then immediately killed. After a few hours after killing victim, they
called the victim’s father to ask for ransom.
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Held: SC modified lower court’s decision, and held crime couple was convicted in the lower court for Kidnapping and failure to return 1) That the offender compels a debtor to work for him, either
committed is only MURDER, and not Complex crime of Kidnapping for a minor. as a house servant or farm laborer.
ransom with murder. It’s only MURDER because the primordial criminal Held: The SC reversed conviction, and acquitted Ty couple. 2) That it is against the debtor’s will.
intent or principal purpose was really to kill, and kidnapping or detention In the first place, they did not have direct and actual custody of child 3) That the purpose is to require or enforce the payment of a
was merely incidental neither was there intent to detain for an since the child was left, and abandoned to them, without their prior debt.
appreciable period of time. No ransom here because ransom is money knowledge or consent. Second, there was no deliberate nor persistent
asked in exchange for liberty and here the money was asked only when failure or refusal to return the child to the mother since they immediately ARTICLE 275 -- Abandonment of one’s own victim and persons in
the victim was already dead. contacted the child’s foster parents when the mother reappeared to claim danger.
her back. Gravamen of offense is DELIBERATE AND PERSISTENT Prohibited acts:
ARTICLE 268 -- Slight illegal detention. FAILURE to return a minor. 1) Failing to render assistance to any person whom the
If the offender shall voluntarily release the person so kidnapped or offender finds in an uninhabited place, wounded or in danger of
detained within three (3) days from the commencement of the detention, ARTICLE 271 -- Inducing a minor to abandon his home. dying, when he can render such assistance without detriment to
without having attained the purpose intended, and before the institution of The penalty of x x x and a fine of x x x shall be imposed upon anyone himself, unless such omission shall constitute a more serious
criminal proceedings against him, the penalty x x x and a fine x x x. who shall induce a minor to abandon the home. offense.
Note: Elements: 2) Failing to help or render assistance to another whom the
a) If offender voluntarily releases victim within three days from 1) A minor (whether over or under 7 years of age) is living in offender has accidentally wounded or injured.
commencement of detention, and without having achieved the purpose the home of his parents, or guardians, or the person entrusted with his 3) Failing to deliver a child, under seven years, whom the
intended, and before institution of criminal proceedings against him, his liability custody. offender has found abandoned, to the authorities or to his family, or
is mitigated. 2) Offender induces said minor to abandon such home. by failing to take him to a safe place.
Note: Note:
ARTICLE 269 -- Unlawful arrest. a) Inducement must be actual, and committed with criminal intent and a) Par. 2 of Article 275 applies only when someone is accidentally
The penalty of x x x shall be imposed upon any person who shall determined by a will to cause damage. injured by the accused.
arrest or detain another for the purpose of delivering him to the proper b) Father or mother may commit crimes under Articles 270 and 271,
authorities. where they are living separately, and the custody of their minor child having ARTICLE 276 -- Abandoning a minor.
Note: been given to one of them, the other parent induces said minor to leave his Elements:
a) Offender is any person, whether public officer or private individual. home. 1) That the offender has the custody of a child.
b) No period of detention fixed. Motive is controlling and must be 2) That the child is under seven (7) years.
coupled with the intention to deliver detainee to proper authorities. ARTICLE 272 -- Slavery. 3) That he abandons such child.
Elements: 4) That he has no intent to kill the child when the child is
ARTICLE 270 -- Kidnapping and failure to return a minor. 1) That the offender purchases, sells, kidnaps or detains a abandoned.
The penalty of reclusion perpetua shall be imposed upon any human being. Note:
person who, being entrusted with the custody of a minor person, shall 2) That the purpose of the offender is to enslave such human a) Where there is intent to kill, this article does not apply.
deliberately fail to restore the latter to his parents or guardians. being. b) A permanent, conscious and deliberate abandonment is required in
Elements: this Article.
1) That the offender is entrusted with the custody of a minor ARTICLE 273 -- Exploitation of child labor.
person (over or under 7 years old but less than 21). Elements: ARTICLE 277 -- Abandonment of minor by person entrusted with his
2) That he deliberately fails to return minor to his parents or 1) The offender retains a minor in his service. custody/Indifference of parents
guardian. 2) That it is against the will of the minor. Elements:
Note: 3) That it is under the pretext of reimbursing himself of a debt 1) That the offender has charge of the rearing or education of
a) When committed by either parent, penalty is only arresto mayor. incurred by an ascendant, guardian or person entrusted with the custody of a minor.
People vs. Ty, 263 SCRA 754. such minor. 2) That he delivers said minor to a public institution or other
The mother Johanna Sombong brought daughter Arabella, 7-month- persons.
old baby to Ty couple, owner of Sir John Medical and Maternity Clinic in ARTICLE 274 -- Services rendered under compulsion for payment of 3) That the one who entrusted such child to the offender has
Caloocan. After more than five years, mother returned and sued Ty couple who debt. not consented to such act, or if the one who entrusted such child to the
referred the child to a relative who could better take care of Arabella. The Ty Elements: offender is absent, the proper authorities have not consented to it.
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Note: Elements: of creating in the mind of the person threatened the belief that the threat would
a) The second paragraph actually refers to the indifference of parents, 1) Offender enters the closed premises or the fenced estate be carried into effect, the crime is grave threats, and the minor crime which
or deliberate failure of parents to give education to their children which their of another. accompanied it should be disregarded.
status in life requires. 2) The entrance is made, while either of them is uninhabited.
3) The prohibition to enter is manifest. Reyes vs. People, 27 SCRA 686.
ARTICLE 278 -- Exploitation of minor. 4) The trespasser has not secured the permission of the Petitioner Rosauro Reyes was terminated by Agustin Hallare as
Prohibited acts: owner or caretaker thereof. civilian employee of Sangley Point, Cavite. So Reyes led a rally where he
1) Causing any boy or girl under 16 to perform any Note: shouted,”Putang ina mo, Agustin. Lumabas ka. Papatayin kita.” Reyes
dangerous feat of balancing, physical strength, or contortion, the offender a) Distinguish Article 280 (Qualified trespass) from Article 281 (Other was thus prosecuted for grave threats and grave oral defamation where lower
being any person. forms of trespass) court convicted him for both crimes.
2) Employing children under 16 who are not his children or 1) In Article 280, offender is a private person; while under Article 281 Held: SC affirmed his conviction for GRAVE THREATS. This is
descendants in exhibitions of acrobat, gymnast, ropewalker, diver, or wild offender is any person. because the words uttered were intended to threaten victim with a
animal tamer, the offender being an acrobat, etc. or circus manager or 2) In Article 280, offender enters a dwelling house; while under Article physical harm amounting to a crime, with the deliberate purpose of
engaged in a similar calling. 281 offender enters closed premises or fenced estate. creating the belief it will be carried out. However, SC held there was no
3) Employing any descendant under 12 years of age in 3) In Article 280, offender enters an inhabited place; while under Article GRAVE ORAL DEFAMATION because the words “Putang ina mo” is a
dangerous exhibitions enumerated in the next preceding par., the offender 281 offender enters an uninhabited place. common expression employed to show anger, but not really intended to
being engaged in any of the said callings. 4) In Article 280, act constituting the crime is entering the slander or defame the victim’s mother. This should not be taken literally
4) Delivering a child under 16 gratuitously to any person dwelling against the owner’s will; while under Article 281 the crime is by hearer as reflective of the mother being a prostitute but accompanying
following any callings enumerated, or to any habitual vagrant or beggar, the entering the closed premises or the fenced estate, without securing the the threats for emphasis, and out of anger.
offender being ascendant, guardian, teacher or person entrusted in any permission of the owner or caretaker thereof.
capacity with the car of such child. 5) In Article 280, prohibition to enter is express or implied; while under ARTICLE 283 -- Light threats.
5) Inducing any child under 16 to abandon the home of its Article 281 prohibition to enter must be manifest. Elements:
ascendants, guardians, curators or teachers to follow any person engaged in b) P.D. 772 -- penalizes squatting and other similar acts. 1) That the offender makes a threat to commit a wrong.
any callings mentioned, or to accompany any habitual vagrant or beggar, the 2) That the wrong does not constitute a crime.
offender being any person. ARTICLE 282 -- Grave threats. 3) That there is a demand for money or that other condition is
Prohibited acts: imposed, even though not unlawful.
ARTICLE 279 -- Additional penalties for other offenses. The imposition of 1) Threatening another with the infliction upon his person, 4) That the offender has or has not attained his purpose.
the penalties prescribed in the preceding articles, shall not prevent the honor or property or that of his family any wrong amounting to a crime and Note:
imposition upon the same person of the penalty provided for any other felonies demanding money or imposing any other condition, even though not unlawful, a) Blackmailing may be punished under Article 283.
defined and punished by this Code. and the offender attained his purpose.
2) Making such threat without the offender attaining his ARTICLE 284 -- Bond for good behavior.
ARTICLE 280 -- Qualified trespass to dwelling. purpose. x x x The person making the threats may also be required to give
Any private person who shall enter the dwelling of another against 3) Threatening another with the inflicting upon his person, bail not to molest the person threatened, or if he shall fail to give such bail x x
the latter’s will, shall be punished by x x x and a fine x x x. honor or property or that of his family any wrong amounting to a crime, the treat x.
Elements: not being subject to a condition. Note:
1) That the offender is a private person. Note: a) Cases when a person is obliged to file the bond:
2) That he enters the dwelling of another. a) The essence of the crime is intimidation. 1) When he threatens another under circumstances mentioned in
3) That such entrance is against the latter’s will. b) Qualifying circumstances: if threat was made in writing or through a Article 282.
Note: middleman. 2) When he threatens another under circumstances mentioned under
a) Qualified if committed by means of violence or intimidation. c) The act threatened must be wrong. Article 283.
b) Lack of permission does not amount to prohibition; there must be d) The crime is consummated as soon as the threats come to the
opposition on the part of the owner of the house to the entry of the accused. knowledge of the person threatened. Not necessary that the offended party ARTICLE 285 -- Other light threats.
c) Prohibition must be in existence prior to or at the time of entrance. was present at the time the threats were made. The penalty of x x x and a fine of x x x shall be imposed upon
e) Threats made in connection with the commission of other crimes are
ARTICLE 281 -- Other forms of trespass. absorbed by the latter, but if the threat was made with the deliberate purpose
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1) Any person who x x x shall threaten another with a Elements: 4) That the informed is informed of the contents of the papers
weapon, or draw such weapon in a quarrel, unless it be in lawful 1) That the offender must be a creditor. or letters seized.
self-defense. 2) That the offender seizes anything belonging to the debtor.
2) Any person who, in the heat of anger, shall orally threaten 3) That the seizure of the thing be accomplished by means of ARTICLE 291 -- Revealing secrets through abuse of office.
another with some harm not constituting a crime, and who by violence, or a display of material force producing intimidation. Elements:
subsequent acts shows that he did not persist in the idea involved in 4) That the purpose of the offender is to apply the same to the 1) That the offender is a manager, employee or servant.
his threat x x x. payment of debt. 2) That he learns the secrets of his principal or master in such
3) Any person who shall orally threaten to do another any Note: capacity.
harm not constituting a felony. a) If no violence is employed, crime is unjust vexation. 3) That he reveals such secrets.
b) Unjust vexation -- includes any human conduct which, although Note:
ARTICLE 286 -- Grave coercion. not productive of some physical or material harm, would unjustly annoy or vex a) Damage is not necessary.
Elements: an innocent person. The paramount question to determine whether or not there
1) That a person prevented another from doing something not is unjust vexation is whether the offender’s act caused annoyance, irritation, ARTICLE 292 -- Revealing industrial secrets.
prohibited by law, or vexation, torment, distress or disturbance to the mind of the person to whom it Elements:
2) That he compelled him to do something against his is directed. 1) That the offender is a person in charge, employee, or
will, whether it be right or wrong. workman of a manufacturing or industrial establishment.
3) That the prevention or compulsion be effected by violence, ARTICLE 288 -- Other similar coercions. (Compulsory purchase of 2) That the manufacturing/industrial establishment has a
either by material force or such display of force as would produce intimidation merchandise and payment of wages by means of tokens.) secret of the industry which offender has learned.
and control the will of the offended party. Prohibited acts: 3) That the offender reveals such secrets.
4) That the person that restrained the will and liberty of 1) Forcing or compelling or knowingly permitting the forcing 4) That prejudice is caused to the owner.
another did not have the authority of law or the right to do so, neither in or compelling of the laborer or employee of the offender to purchase
the exercise of any lawful right. merchandise or commodities of any kind from him. TITLE X (CRIMES AGAINST PROPERTY)
Note: 2) Paying the wages due his laborer or employee by means of
a) The act of preventing by force must be made at the time the offended token or objects other than the legal tender currency of the ARTICLE 293 -- Who are guilty of robbery.
party was doing or about to do the act to be prevented; if the act was already Philippines, unless expressly requested by such laborer or employee. Elements:
done when violence was exerted, the crime is unjust vexation. 1) That there be personal property belonging to another.
b) Coercion is consummated even if the offended party did not accede ARTICLE 289 -- Formation, maintenance and prohibition of combination 2) That there is unlawful taking of that property.
to the purpose of the coercion. of capital or labor through violence or threats. 3) That taking must be with intent to gain.
Timoner vs. People, 125 SCRA 830. Elements: 4) That there is violence against or intimidation of person or
Petitioner Daet Mayor Timoner ordered two policemen and six men 1) That the offender employs violence or threats in such use of force upon things.
to demolish stalls along Maharlika Highway. The group fenced off the stalls degree s to compel or force the laborers or employee in the free and Note:
which protruded into the sidewalk which were used as barbershops, sauna, legal exercise of their industry or work. a) Robbery is the taking of personal property belonging to another with
etc. Petitioner was sued, and convicted, for grave coercion in the lower court 2) That the purpose is to organize, maintain or prevent intent to gain, by means of violence against or intimidation of any person, use
and CA. coalitions of capital or labor , strike of laborers or lockout of of force upon things.
Held: SC reversed the conviction and held there was no grave employees. b) Classification of robbery:
coercion. The reason: the 3rd element of grave coercion which is that the 1) Robbery with violence against or intimidation of persons. (Articles
one preventing another from doing something not prohibited by law, or ARTICLE 290 -- Discovering secrets through seizure of 294, 297 and 298)
the one compelling another from doing something against his will was correspondence. 2) Robbery by use of force upon things. (Article 299 and Article 302)
NOT AUTHORIZED BY LAW was conspicuously absent. Petitioner Elements:
Timoner, after all, was authorized to dismantle the stalls pursuant to the 1) That the offender is a private individual or even a public ARTICLE 294 -- Robbery with violence against or intimidation of
recommendation of the Municipal Health Officer that the stalls were officer not in the exercise of his official functions. persons.
nuisance per se, for failing to comply with the health and sanitation 2) That he seizes the papers or letters of another. Any person guilty of robbery with the use of violence against or
standards of the office. 3) That the purpose is to discover the secrets of the other intimidation of person shall suffer.
person. 1) The penalty of reclusion perpetua to death when by
ARTICLE 287 -- Light coercion. reason or on occasion of the robbery, the crime of homicide shall
 28
have been committed, or when the robbery shall have been Held: SC affirmed lower court’s conviction. Maniqez and Deloria ARTICLE 295 -- Robbery with physical injuries committed in an
accompanied by rape, or intentional mutilation or arson. were both convicted for Robbery with rape since they both raped the two uninhabited place and by a band, or with the use of firearm in a street,
Note: maids, respectively. Moreno, on the other hand, was only held liable for road or alley.
a) Crime defined in this article is a special complex crime -- the rule is Robbery since he was outside, and did not participate in the rape of the Note:
that an intent to take personal property belonging to another must precede the two maids, but only in the Robbery.. a) Requisites for liability for acts of other members of the band:
killing. The original design must be Robbery. 1) He was a member of the band.
b) Robbery and homicide are separate offenses when the homicide was People vs. Dinola, 183 SCRA 747 2) He was present at the commission of a robbery by that band.
not committed “on occasion of” or “by reason of” the robbery. If the original Petitioner Dinola pointed a bladed weapon to the victim, and 3) The other members of the band committed an assault.
design is not to commit robbery, but the robbery is only after the homicide as succeeded in raping her around 3 a.m. in her aunt’s house. After raping her, he 4) He did not attempt to prevent the assault.
an afterthought and a minor incident in the homicide, crimes are separate lit a candle and saw her Citizen watch, which he grabbed, and then fled. Lower
crimes of Robbery and Homicide because there are two separate criminal court held crime was Special complex crime of Robbery with rape. People vs. Salvilla, 184 SCRA 671
intents. Held: SC modified lower court’s decision and held crime Salvilla and three others, armed with guns, took P20,000.00 from
c) When homicide is not proved, the crime is only robbery and vice- committed was RAPE AND ROBBERY. Considering that the primordial owner of lumber yard in Iloilo, but refused to leave because they wanted
versa. criminal intent was really to RAPE, and the taking of the watch was a additional amount. They were soon overpowered, but in the gunfight the
d) Rape committed on occasion of robbery is still Robbery with rape mere AFTERTHOUGHT, even accidental which came from a separate children of the owner of lumber yard suffered serious physical injuries. Lower
even if the rape was committed in another place. criminal INTENT, two separate crimes were committed, RAPE AND court held crime was Complex crime of Robbery with serious physical injuries
e) Distinctions between Robbery with violence vs. Grave coercion: ROBBERY. However, if the intent was to rob but rape was also and serious illegal detention.
1) In both crimes, there is violence used by the offender but in committed even before the robbery, the Complex crime of Robbery with Held: SC affirmed lower court’s decision. It was a Complex
Robbery with violence, there is intent to gain but with Grave rape is committed. But if the original design was really to rape, and the crIme of ROBBERY with SPI and SERIOUS ILLEGAL DETENTION because
coercion, there is no intent to gain. accused after committing rape also committed robbery because the the detention was used as a NECESSARY MEANS TO commit robbery, or
opportunity presented itself, two distinct offenses of RAPE AND for the additional amount. The detention was not merely incidental but
People vs.Biruar, 130 SCRA 513 ROBBERY are committed. deliberately employed as a NECESSARY MEANS as part of the robbery.
Petitioner Biruar and ten others performed several criminal acts. SC further stated that taking (or asportation) is already complete when
First, they went to the house of a certain Mosende in Mati, took his shotgun, GENERAL RULE: offender unlawfully deprives owner of the personal without animus
and then proceeded to the house of a certain 70-year-old Kalitas, a neighbor of 1) If the first act was to RAPE, then ROB as an afterthought - revertendi. Once personal property under dominion and controf of robber
Mosende. Since Kalitas offered resistance with his shotgun, they shot him - two separate crimes of RAPE AND ROBBERY because two separate (even for a short time and without opportunity to dispose), robbery is
dead, and absconded with a large amount, but not before setting Kalitas’ criminal ACTS, and two separate criminal INTENTS. (People vs. Dinola, 183 already consummated.
house on fire. Issue here is whether or not it is a composite crime of Robbery SCRA 747).
with homicide or three separate crimes. People vs. Astor, 149 SCRA 325
Held: SC affirmed conviction for three separate crimes of 1) 2) If intent was really to ROB but RAPED first or rape Held: Where, however, the offenders were left without any
Robbery in band (for robbery in Mosende’s house), and 2) Robbery with preceded the ROBBING -- crime is a COMPLEX CRIME of ROBBERY WITH choice but to detain the victims as security, until arrangements for their
homicide (for robbery and killing of Kalitas) and 3) Arson (for setting RAPE. (People vs. Moreno, 220 SCRA 292). safe passage was made and in order to forestall their arrest, the
Kalitas’ house on fire). This could not be a composite crime, unlike in Cite also Article 62, Par. 4 (catch-all provision in determining detention here is ABSORBED in the crime of ROBBERY constituting
People vs. de Leon where theft of three fighting cocks in same place extent of participation of accused, respectively). violence against or intimidation of persons. The crime committed is only
constitutes one composite crime of theft because in De Leon the theft ROBBERY and the detention here is ABSORBED because the detention
was committed at the same time, in same occasion, and promoted by a Article 62, par. 4 -- “The circumstances becomes an INDISPENSABLE MEANS in committing robbery, and
single criminal resolution. In the instant case, certainly the criminal intent which consist in the MATERIAL EXECUTION of the act, therefore forming an integral part thereof. Cannot make it a separate
in robbing Mosende was separate and distinct from the criminal intent in or in the MEANS EMPLOYED to accomplish it, shall crime of Serious illegal detention because there was NO DETENTION for
robbing and killing Kalintas, and in putting the latter’s house on fire. serve to aggravate or mitigate the liability of those an appreciable period of time since victims were immediately set free
persons only who had KNOWLEDGE of them at the when the coast was clear, and offenders were already free to escape.
People vs. Moreno, 220 SCRA 292. time of the execution of the act, or their (Distinguish this from People vs. Salvilla)
Indian couple in Ermita was robbed by Moreno who basically acted COOPERATION therein.”
as a lookout, while Maniquez raped the first maid, while Deloria raped the ARTICLE 296 -- Definition of a band and penalty incurred by the
second maid, Together they absconded with a large amount but were later members thereof.
arrested and prosecuted.
 29
When more than three armed malefactors take part in the lucrandi, as an element of the crime of not less than two years nor more than six years and a fine
commission of a robbery, it shall be deemed to have been committed by a carnapping, is an internal act and hence equal in amount to the acquisition cost of the motor vehicle,
band. When any of the arms used in the commission of the offense be an presumed from the unlawful taking of the motor vehicle engine or any other part involved in the
unlicensed firearm, penalty to be imposed upon al the malefactors shall be vehicle. Unlawful taking is deemed violation. x x x
the maximum of the corresponding penalty provided by law, without prejudice complete from the moment the offender
to the criminal liability for illegal possession of unlicensed firearm. gains possession of the thing even if he Section 14. Penalty for Carnapping. Any person who is
has no opportunity to dispose of the found guilty of carnapping, as this term is defined in Section
Note: same. two of this Act, shall, irrespective of the value of motor vehicle
a) When at least four armed malefactors take part in the commission of taken, be punished by imprisonment for not less than fourteen
the robbery, it is deemed committed by a band. Also, when a person is found in years and eight months and not more than seventeen years
possession of a thing taken in the doing of and four months, when the carnapping is committed without
People vs. Jaranilla, 55 SCRA 563. a recent wrongful act, he is presumed to e violence or intimidation of persons, or force upon things; and
Jaranilla and two others stole six fighting cocks from the tangkal or the taker and the doer of the whole act. by imprisonment for not less than seventeen years and four
chicken coop which was fastened by nails as lock. Upon fleeing, they were months and not more than thirty years, when the carnapping
intercepted by a certain Pat. Jabatin whom Jaranilla shot dead. Iloilo CFI "Motor vehicle" is any vehicle propelled by any power other is committed by means of violence against or intimidation of
convicted hem for complex crime of Robbery with homicide and penalty is than muscular power using the public highways, but excepting any person, or force upon things; and the penalty of life
reclusion perpetua. road rollers, trolley cars, street-sweepers, sprinklers, lawn imprisonment to death shall be imposed when the owner,
Held: SC modified decision to two separate crimes of Theft and mowers, bulldozers, graders, fork-lifts, amphibian trucks, and driver or occupant of the carnapped motor vehicle is killed in
Homicide. It is not Robbery because there was no force upon things in cranes if not used on public highways, vehicles, which run the commission of the carnapping.
taking of the fighting cocks because locks of the chicken coop were only on rails or tracks, and tractors, trailers and traction
simply fastened by nail. It’s merely Theft because there was unlawful engines of all kinds used exclusively for agricultural purposes. People vs. Dela Cruz. 183 SCRA 763.
taking, without force upon things, or violence upon persons. The killing Trailers having any number of wheels, when propelled or Danilo dela Cruz was the mastermind of the carnapping who shot the
of Pat. Jabatin was a separate crime of Homicide because killing merely intended to be propelled by attachment to a motor vehicle, victim and car owner, Anthony Banzon, while Beloso acted as the one who
supervened and was not part of the original plan. Hence, only Jaranilla shall be classified as separate motor vehicle with no power advertised the ad for cars, while Salvador met the interested buyers. They
who shot policemen was liable for Homicide, while his two companions rating. were all arrested and prosecuted under R.A. 6539.
who had no prior knowledge or cooperation in the killing was only liable Held: SC affirmed their conviction for Carnapping with
for the Theft. (See Article 62, par. 4) "Defacing or tampering with" a serial number is the erasing, homicide. SC held that where homicide is committed in the occasion of
scratching, altering or changing of the original factory- robbery or carnapping, penalty is for Carnapping with homicide, and it is
S P E C I A L L A W S: inscribed serial number on the motor vehicle engine, engine immaterial that death supervened by mere accident without fault or
block or chassis of any motor vehicle. Whenever any motor intention of causing it.
R.A. 6539 (Carnapping) vehicle is found to have a serial number on its motor engine,
engine block or chassis which is different from that which is
Section 1. This Act shall be known and may be cited as the listed in the records of the Bureau of Customs for motor • P.D. 532 (Highway Robbery)
"Anti-Carnapping Act of 1972." vehicles imported into the Philippines, that motor vehicle shall
be considered to have a defaced or tampered with serial Section 1. Title. This Decree shall be known as the Anti-
Section 2. Definition of terms. number. Piracy and Anti-Highway Robbery Law of 1974.

"Carnapping" is the taking, with intent to gain, of a motor Section 12 Defacing or tampering with serial numbers of Section 2. Definition of Terms. The following terms shall
vehicle belonging to another without the latter's consent, or by motor vehicle engines, engine blocks and chassis. It shall mean and be understood, as follows:
means of violence against or intimidation of persons, or by be unlawful for any person to deface or otherwise tamper with
using force upon things. the original or registered serial number of motor vehicle a. Philippine Waters. It shall refer to all bodies of water, such
engines, engine blocks and chassis. as but not limited to, seas, gulfs, bays around, between and
It should be emphasized that the connecting each of the Islands of the Philippine Archipelago,
Supreme Court had the occasion to Section 13 Penal Provisions. Any person who violates any irrespective of its depth, breadth, length or dimension, and all
declare that intent to gain, or animus provisions of this Act shall be punished with imprisonment for other waters belonging to the Philippines by historic or legal
 30
title, including territorial sea, the sea-bed, the insular shelves, were arrested, and prosecuted for Kidnapping for ransom. Quezon City RTC, (a) Tap, make or cause to be made any connection with
and other submarine areas over which the Philippines has however, held them liable for P.D. 532 or Highway robbery. overhead lines, service drops, or other electric service wires,
sovereignty or jurisdiction. Held: SC modified decision, and held Puno and companion without previous authority or consent of the private electric
liable for Robbery under Article 294, par. 5. Not Kidnapping because no utility or rural electric cooperative concerned;1awphil@alf
b. Vessel. Any vessel or watercraft used for transport of intent to detail her for an appreciable period of time, and detention was
passengers and cargo from one place to another through merely incidental to the primordial criminal intent which was ROBBERY. (b) Tap, make or cause to be made any connection to the
Philippine Waters. It shall include all kinds and types of Not Ransom because ransom is money, price or consideration paid for existing electric service facilities of any duly registered
vessels or boats used in fishing. redemption of a captured person, or release from captivity, which is not consumer without the latter's or the electric utility's consent or
immediately obtained, unlike here where the P7,000.00 and three checks authority;
c. Philippine Highway. It shall refer to any road, street, were immediately given to them. Neither is it a violation of PD 532
passage, highway and bridges or other parts thereof, or because the robbery was not done indiscriminately in the public highway, (c) Tamper, install or use a tampered electrical meter, jumper,
railway or railroad within the Philippines used by persons, or but the target was already earlier particularly targeted. current reversing transformer, shorting or shunting wire, loop
vehicles, or locomotives or trains for the movement or connection or any other device which interferes with the
circulation of persons or transportation of goods, articles, or P.D. 401, R.A. 7832, and R.A. 8041 proper or accurate registry or metering of electric current or
property or both. (Theft of electricity, illegal water, electric or telephone connections) otherwise results in its diversion in a manner whereby
electricity is stolen or wasted;
d. Piracy. Any attack upon or seizure of any vessel, or the • P.D. 401, as amended by P.D. 401-A
taking away of the whole or part thereof or its cargo, (d) Damage or destroy an electric meter, equipment, wire or
equipment, or the personal belongings of its complement or Section 1 -- Any person who installs any water, electrical, conduit or allow any of them to be so damaged or destroyed
passengers, irrespective of the value thereof, by means of telephone or piped gas connection without previous as to interfere with the proper or accurate metering of electric
violence against or intimidation of persons or force upon authority from the Metropolitan Waterworks and Sewerage current; and
things, committed by any person, including a passenger or System, the Manila Electric Company, the Philippine Long
member of the complement of said vessel, in Philippine Distance Telephone Company, or the Manila Gas (e) Knowingly use or receive the direct benefit of electric
waters, shall be considered as piracy. The offenders shall be Corporation, as the case may be, tampers and/or uses service obtained through any of the acts mentioned in
considered as pirates and punished as hereinafter provided. tampered water, eletrical or gas meters, jumpers or other subsections (a), (b), (c), and (d) above.
devices whereby water, electricity or piped gas is stolen;
-Penalized by reclusion temporal in its medium and maximum steals or pilfers water, electric or piped gas meters, or water, Section 4. Prima Facie Evidence. - (a) The presence of any
periods if no physical injuries or other crimes are committed electric and/or telephone wires, or piped gas pipes or of the following circumstances shall constitute prima facie
as a result of or on the occasion thereof. conduits; knowingly possesses stolen or pilfered water, evidence of illegal use of electricity, as defined in this Act, by
electrical or gas meters as well as stolen or pilfered water, the person benefitted thereby, and shall be the basis for: (1)
e. Highway Robbery/Brigandage. The seizure of any person electrical and/or telephone wires, or piped gas pipes and the immediate disconnection by the electric utility to such
for ransom, extortion or other unlawful purposes, or the taking conduits, shall, upon conviction, be punished with prision person after due notice, (2) the holding of a preliminary
away of the property of another by means of violence against correcccorreccional in its minimum period or a fine ranging investigation by the prosecutor and the subsequent filing in
or intimidation of person or force upon things of other unlawful from two thousand to six thousand pesos, or both. court of the pertinent information, and (3) the lifting of any
means, committed by any person on any Philippine Highway. temporary restraining order or injunction which may have
• RA no. 7832 been issued against a private electric utility or rural electric
-Penalized by reclusion temporal in its minimum period if no cooperative:
physical injuries or other crimes are committed during or on Section 1. Short Title. - This Act shall be referred to as the
the occasion of commission of robbery or brigandage. "Anti-electricity and Electric Transmission Lines/Materials (i) The presence of a bored hole on the glass cover of the
Pilferage Act of 1994." electric meter, or at the back or any other part of said meter;
People vs. Puno, 219 SCRA 85..
On January 31, 1989, the accused Puno and companion “kidnapped” Section 2. Illegal Use of Electricity. - It is hereby declared (ii) The presence inside the electric meter of salt, sugar and
Mrs. Sarmiento, the wife of Puno’s boss. While on board the car, Puno and unlawful for any person, whether natural or juridical, public or other elements that could result in the inaccurate registration
his companion were able to get P7,000.00 cash for her and three checks private, to: of the meter's internal parts to prevent its accurate registration
worth P100,000.00. The victim was able to jump and Puno and companion of consumption of electricity;
 31
SECTION 1. Short Title. — This Act shall be known as the (j) Knowingly or willfully allow the occurrence of any of the
(iii) The existence of any wiring connection which affects the "National Water Crisis Act of 1995." above.
normal operation or registration of the electric meter;
SECTION 8. Anti-Pilferage. — It is hereby declared unlawful SECTION 9. Prima Facie Evidence. — The presence of any
(iv) The presence of a tampered, broken, or fake seal on the for any person to: of the following circumstances shall constitute prima facie
meter, or mutilated, altered or tampered meter recording chart evidence of theft, pilferage, or of any unlawful acts
or graph, or computerized chart, graph, or log; (a) Destroy, damage or interfere with any canal, raceway, ditch, enumerated in Section 8 hereof:
lock, pier, inlet, crib, bulkhead, dam, gate, service, reservoir,
(v) The presence in any part of the building or its premises aqueduct, water mains, water distribution pipes, conduit, (a) The existence of illegal or unauthorized tapping to the water
which is subject to the control of the consumer or on the pipes, wire benchmark, monument, or other works, appliance, main or distribution pipe;
electric meter, of a current reversing transformer, jumper, machinery buildings, or property of any water utility entity,
shorting and/or shunting wire, and/or loop connection or any whether public or private; (b) The existence of any illegal connection such as a reversed
other similar device; meter, shortened vane wheel, bypass or other connections
(b) Do any malicious act which shall injuriously affect the quantity which adversely affect the registration of the water meter;
(vi) The mutilation, alteration, reconnection, disconnection, or quality of the water or sewage flow of any waterworks
bypassing or tampering of instruments, transformers, and and/or sewerage system, or the supply, conveyance, (c) The presence of a bored hole in the glass cover of the water
accessories; measurement, or regulation thereof, including the prevention meter, or at the back of or any part of the meter including the
of, or interference with any authorized person engaged in the vertical vane;
(vii) The destruction of, or attempt to destroy, any integral discharge of duties connected therewith;
accessory of the metering device box which encases an (d) The presence of tampered, or fake seals on the meters.
electric meter, or its metering accessories; and (c) Prevent, obstruct, and interfere with the survey, works, and Inspection of tampered water meters shall be done in the
construction of access road and water mains and distribution presence of the registered water consumer;
(viii) The acceptance of money and/or other valuable network and any related works of the utility entity.
consideration by any officer of employee of the electric utility (e) The presence of a reversed meter in the premises, insertion
concerned or the making of such an offer to any such officer (d) Tap, make, or cause to be made any connection with water of rod wire, or stick in the meter, filed or shortened vane
or employee for not reporting the presence of any of the lines without prior authority or consent from the water utility wheel, removal or altering of any part of the meter
circumstances enumerated in subparagraphs (i), (ii), (iii), (iv), concerned; mechanism, use of magnet and any similar illegal devices
(v), (vi), or (vii) hereof: Provided, however, That the discovery which interfere with the meter registration;
of any of the foregoing circumstances, in order to constitute (e) Tamper, install or use tampered water meters, sticks,
prima facie evidence, must be personally witnessed and magnets, reversing water meters, shortening of vane wheels (f) Destruction of the meter protection and other metering
attested to by an officer of the law or a duly authorized and other devices to steal water or interfere with accurate accessories; or
representative of the Energy Regulatory Board (ERB). registry or metering of water usage, or otherwise result in its
diversion in a manner whereby water is stolen or wasted; (g) Abnormal imprints, traces or marks found in the meter
Section 9. Restriction on the Issuance of Restraining assembly.
Orders or Writs of Injunction. - No writ of injunction or (f) Use or receive the direct benefit of water service with
restraining order shall be used by any court against any knowledge that diversion, tampering, or illegal connection The prima facie shall not apply to tenants who have
private electric utility or rural electric cooperative exercising existed at the time of that use, or that the use or receipt was occupied the house or dwelling for ninety (90) days or less.
the right and authority to disconnect electric service as otherwise without the authorization of the water utility;
provided in this Act, unless there is prima facie evidence that SECTION 10. Special Aggravating Circumstances. — The
the disconnection was made with evident bad faith or grave (g) Steal or pilfer water meters, main lines, pipes and related or following shall be considered as aggravating:
abuse of authority. ancillary facilities;
(h) Steal water for profit or resale; (a) When the violation is committed in conspiracy with at least
• R.A. 8041 another person, both of whom shall be considered as
(i) Knowingly possess stolen or tampered water meters; and principals;
 32
(b) When the offense is committed by, or in connivance with, reclusion temporal, if the value of the property taken shall exceed P250.00, ARTICLE 302 -- Robbery in an uninhabited place or in a private
private plumber, officer or employee of the water utility and if -- building.
concerned, who shall be considered as principals; or Any robbery committed in an uninhabited place or in a building other
a) The malefactors shall enter the house or building in which the than those mentioned in the 1st par. Of Article 299, if the value of the property
(c) When the violation is coupled with the sale from a source robbery was committed, by any of the following means: taken exceeds P250, shall be punished by prision correccional in its medium
which is illegal, or unregistered, or unauthorized, or a source 1) Through an opening not intended for entrance or egress. and maximum periods, provided that any of the following circumstances is
with a tampered meter. 2) By breaking any wall, roof, or floor or breaking any door or window. present.
3) By using false keys, picklocks or similar tools. Note:
P.D. 533 (Cattle Rustling Law) 4) By using any fictitious name or pretending the exercise of public a) Same manner of commission as Article 299.
Ordonio vs. CA, 199 SCRA 873. authority.
Held: SC affirmed lower court’s conviction of Ordonio for b) x x x ARTICLE 303 -- Robbery of cereals, fruits or firewood in an
cattle rustling and the mere act of tying the calf without returning it Note: uninhabited place or private building.
despite owner’s demand already consummates the act of cattle rustling. a) Inhabited house includes any shelter, ship or vessel constituting the When the robbery consists in the taking of cereals, fruits or firewood,
This is because cattle rustling is the taking away “by any means, dwelling of one or more persons, even though the inhabitants are temporarily the culprit shall suffer the penalty next lower in degree than that prescribed in
methods or schemes, without the consent of the owner, of an animal, absent. said articles.
whether or not for profit, whether committed with or without violence b) Public building is every building owned by the government, or
against or intimidation of persons, or force upon things.” temporarily used by the same even though owned by a private person or ARTICLE 304 -- Possession of picklocks or similar tools.
temporarily occupied. Any person who shall without lawful cause have in his possession
R.A. 8550 (Illegal Fishing) c) The whole body of the culprit must be inside the building to constitute picklocks or similar tools specially adopted to the commission of the crime of
Hizon vs. CA, 265 SCRA 517. entering. robbery, shall be punished by x x x
d) False keys can be genuine keys stolen from the owner, or any key Elements:
P.D. 330 and P.D. 705 (Illegal Logging) other than those intended by the owner for use in the lock forcibly opened. The 1) That the offender has in his possession picklocks of similar
Mustang vs. CA, June 19, 1996. key must be stolen. If, however, the inmates inside the house were forced to tools.
produce the key, crime is Robbery with intimidation. 2) That such picklocks or similar tools are specially adopted to
P.D. 1612 (Fencing) e) If they key was used to open a locked wardrobe, receptacle, drawer the commission of robbery.
or inside door, the crime is Theft. 3) That the offender does not have lawful cause for such
ARTICLE 297 -- Attempted and frustrated robbery committed under f) It is Estafa or Theft if the locked or sealed receptacle is not forced possession.
certain circumstances. open in the building where it is kept, or taken therefrom to be broken outside
When by reason or on occasion of an attempted or frustrated robbery (eg. The locked receptacle is considered into the custody of the offender, or if ARTICLE 305 -- False keys.
a homicide is committed, the person guilty of such offense shall be punished by the receptacle is found outside the building and is forcibly opened.). Note:
reclusion temporal in its maximum to reclusion perpetua, unless the a) Tools not mentioned in the next preceding article.
homicide committed shall deserve a higher penalty under the provisions of this ARTICLE 300 -- Robbery in an uninhabited place and by a band. b) Genuine keys stolen from the owner.
Code. The robbery mentioned in the next preceding Article, if committed in c) Any keys other than those intended by the owner for use in the lock
an uninhabited place and by a band, shall be punished by the maximum period forcibly opened by the offender.
ARTICLE 298 -- Execution of deeds by means of violence or of the penalty provided therefor.
intimidation. Any person who, with intent to defraud another, by means of Note: ARTICLE 306 -- Who are brigands. Penalty.
violence or intimidation, shall compel him to sign, execute or deliver any public a) Qualified robbery with force upon things – when the robbery is When more than three armed persons form a band of robbers for
instrument or documents, shall be held guilty of robbery and punished by the committed in an uninhabited place, and by a bond. the purpose of committing robbery in the highway, or kidnapping performs for
penalties respectively prescribed in this Chapter. the purpose of extortion or to obtain ransom, for any other purpose to be
ARTICLE 301 -- What is an inhabited house, public building or attained by means of force and violence, they shall be deemed to be highway
ARTICLE 299 -- Robbery in an inhabited place or public building or building dedicated to religious worship and their dependencies. robbers or brigands.
edifice devoted to worship. Inhabited house means any shelter, ship or vessel constituting he
Any armed person who shall commit robbery in an inhabited house, dwelling or one or more persons, even though the inhabited thereof shall Note:
or public building or edifice devoted to religious worship, shall be punished by temporarily be absent therefrom when the robbery is committed. P.D. 532 (Highway Robbery)
-- repealing Articles 306 and 307
 33
Highway robbery or brigandage: c) Actual or real gain is not necessary, as long as taking was with intent
-- the seizure of any person for ransom, extortion or other unlawful to gain. Empelis vs. IAC, 132 SCRA 398.
purposes or the taking away of the property of another by means of violence d) P.D. 581 -- punished “highgrading” or “theft of gold.” Held: In the case at bar, petitioners were seen carrying away
against or intimidation of persons or force upon things, or other unlawful e) P.D. 401 -- punishes the use of tampered water, or electrical 50 coconuts while they were still in the premises of the plantation. SC
means, committed by any person on any Philippine highway. meters, to steal water or electricity. held they would come within the definition of QUALIFIED THEFT because
b) Any person who aids or abets the commission of highway robbery or the property stolen was coconuts within premises of the plantation.
brigandage shall be considered accomplices: ARTICLE 309 -- Penalties for Theft.. Considering, however, that petitioners were not able to perform all acts of
1) By giving information about the movement of police or other peace execution since they were arrested in the act of stealing while still within
officers of the government. ARTICLE 310 -- Qualified theft. the plantation, the crime is FRUSTRATED qualified theft.
2) Acquires or receives property taken from such brigands. The crime of theft shall be punished by the penalties next higher by
3) In any manner derives any benefit therefrom. two degrees than those specified in the next preceding article, if committed by ARTICLE 311 -- Theft of property of the National Library and National
4) Directly or indirectly abets the commission of highway robbery. a domestic servant, or with grave abuse of confidence, or if the property Museum.
stolen is a motor vehicle, mail matter, or large cattle, or consists of coconuts If the property stolen be any property of the National Library or of the
c) Distinctions between Brigandage vs. Robbery in band: taken from the premises of a plantation, fish taken from a fishpond, or fishery, National Museum, the penalty shall be x x x.
1) In Brigandage, the purpose is to commit robbery in the highway; or or if property is taken on the occasion of a fire, earthquake, typhoon, volcanic
to kidnap a person for ransom, or any other purpose attained by force eruption, or any other calamity, vehicle accident or civil disturbance. ARTICLE 312 -- Occupation of real property or usurpation of real
and violence; in Robbery in band, purpose is to commit robbery, but rights in property.
not necessarily in highway. Note: Elements:
2) In Brigandage, agreement is to commit several robberies is one of a) P.D. 533 (Anti-Cattle Rustling Law of 1974) 1) That the offender takes possession of any real property or
the purposes; in Robbery in band, agreement is to commit a particular -- The taking away by any means, method or scheme, without the usurps any real rights in property.
robbery. consent of the owner/raiser, of any of the animals (classified as large cattle), 2) That the real property or real rights belong to another.
3) In brigandage, mere formation is punished; in Robbery in band, whether or not for profit or gain, or whether committed with or without violence 3) That violence against or intimidation of persons is used by
actual commission of robbery is necessary. against or intimidation of any person or force upon things. It includes the killing the offender in occupying or usurping real property or usurping real rights in
of large cattle, or taking its meat, or hide, without the consent of the property.
ARTICLE 307 -- Aiding and abetting a band of brigands. owner/raiser. 4) That there is intent to gain.
Any person knowingly and in any manner aiding, abetting or Note:
protecting a band of brigands, or giving them information of the movements b) P.D. 1612 (Anti-Fencing Law) a) Distinctions between Theft/robbery vs. Article 312
of the police, or other peace officers of the Government, or acquiring or 1) Fencing -- is the act of any person who, with intent to gain for 1) In Theft/robbery, the gravamen of offense is taking or
receiving the property taken by such brigands, shall be punished x x x. himself or for another, shall buy, receive, possess, keep, acquire, asportation; while in Article 312, the gravamen of the offense is
conceal, sell, or dispose of, or shall buy and sell, or in nay other manner occupation or usurpation.
ARTICLE 308 -- Who are liable for Theft. deal any article, item, object or anything of value which he knows, or 2) In Theft/robbery, personal property is taken; while in Article
Elements: should be known to him, to have been derived from the proceeds of the 312, real property or real right is involved.
1) That there be taking of personal property. crime of robbery or theft. 3) In Theft/robbery, there is intent to gain; while in Article
2) That said property belongs to another. 2) Section 5. Presumption of Fencing. 312, there is also intent to gain.
3) That the taking be done with intent to gain. -- Mere possession of any goods, article, items, object or anything
4) That the taking be done without the consent of the owner. of value which has been the subject of robbery or thievery shall be ARTICLE 313 -- Altering boundaries or landmarks.
5) That the taking be accomplished without the use of prima facie evidence of fencing. Elements:
violence against, or intimidation of person, or force upon things. 3) Section 6. Clearance/Permit to Sell/Used Second-Hand Vehicles 1) That there be boundaries, marks or monuments of towns,
Note: -- All stores, establishments or entities dealing in the buy and sell of provinces, or estates or any other marks intended to designate the boundaries
a) What distinguishes Theft from robbery is that in Theft, the offender any good, article, item, object or anything of value shall before offering of the same.
does not use violence or intimidation or does enter a house or building through the same for sale to the public, secure the necessary clearance or 2) That the offender alters said boundary marks.
any of the means specified in Article 299 or Article 302 in taking personal permit from the station commander of the INP in the two or city where
property of another with intent to gain. such store, establishment or entity is located. ARTICLE 314 -- Fraudulent insolvency.
b) Asportation is complete from the moment the offender had full -- Any person who fails to secure the required clearance/permit Elements:
possession of the thing. shall also be punished as a fence.
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1) That the offender is a debtor and that he has an obligation 3) By means of other similar deceits. a) That a person draws a check.
due and payable. b) That the check is made or drawn and issued to apply “on
2) That he absconds with his property. Elements of Article 315, par. No. 2 (d) account” for “for value.”
3) That there be prejudice to his creditors. 1) That the offender postdated a check, or issued a check in c) That the person knows that at the time of issue he does
payment of an obligation. not have sufficient funds in or credit with the drawee bank for the
ARTICLE 315 -- Swindling (Estafa) 2) That such postdating or issuing a check was done when payment of such check upon presentment.
Any person who shall defraud another by any of the means the offender had no funds in the bank, or his funds deposited therein d) That the check is subsequently dishonored by the drawee
mentioned hereinbelow shall be punished by: were insufficient to cover the amount of the check. bank.
x x x Note:
1) With unfaithfulness of abuse of confidence, namely: a) Distinctions between Theft and Estafa: 2) Failing to keep sufficient funds to cover check if
b) By misappropriating or converting, to the prejudice of 1) In theft, a person who received from the offender party presented within a period of 90 days from the date appearing
another, money, goods or any other personal property received by the offender anything of value only has material/physical possession of the same; thereon.
in trust or on commission, or for administration, or under any other obligation while in estafa, the offender receives the thing and has juridical Elements:
involving the duty to make deliveries of or to return the same, even though possession of the thing which he can assert even against the lawful a) That a person has sufficient funds with the drawee bank
such obligation be totally or partially guaranteed b7 a band, or by denying owner, and misappropriates the same. when he makes or issues a check.
having received such money, goods, or other property. b) That e fails to keep sufficient funds or maintain a credit to
2) By means of any of the following false pretenses: b) Distinctions between Estafa and Malversation: cover the full amount if presented within a period of 90 days from the
d) By postdating a check or issuing a check in payment of an 1) In Estafa, the offender is entrusted with private funds or date appearing thereon.
obligation when the offender has no funds in the bank, or his funds deposited property; while in Malversation, the offender is entrusted with public c) That the check is dishonored.
herein were not sufficient to cover the amount of the check. The failure of the funds or property.
drawer of the check to deposit the amount necessary to cover his check within 2) In Estafa, the offender is a private individual or even a Exceptions:
three (3) days from receipt of notice from the bank and/or the payee or holder public officer who is not accountable for public funds or property; while in a) When the check is presented after 90 days from the date of the
that said check has been dishonored for lack or insufficiency of funds shall be Malversation, the offender is usually a public officer accountable for check.
deemed prima facie evidence of deceit constituting false pretense or fraudulent public funds or property. b) When the drawer pays the holder the full amount thereon within five
act. 3) In Estafa, the crime is committed by misappropriating, (5)banking days after receiving notice of dishonor, or non-payment, by the
converting or denying having received money, goods, or other personal drawee.
Elements of Article 315, no. 1 (a): property; while in Malversation, crime is committed by appropriating, c) When the drawer makes arrangements for payment in full by the
1) That the offender has an onerous obligation to deliver taking or misappropriating or consenting, or through abandonment or drawee within five (5) working days after receipt of notice of dishonor, or non-
something of value. negligence, permitting any other person to take public funds or property. payment.
2) That offender alters its substance, quantity of quality. 4) Both Estafa and Malversation are continuing offense.
3) That damage or prejudice is caused to another. g) Distinctions between B.P. 22 and Article 315, par. 2 (d)
Elements of Article 315, par. 1 (b): c) Prosecution under B.P. 22 shall be without prejudice to any liability 1) Under B.P. 22, only the drawer or persons who signed the
1) That money, goods, or other personal property be received for violation of Article 315, par. 2 (d) while while B.P. 22 is a crime mala check for a judicial or artificial person are liable but endorsers are not liable;
by the offender in trust, or on commission, or for administration, or under any prohibita, Article 315, par. 2 (d) is a crime mala in se. while under Article 315, par. 2 (d) not only the drawer but also the endorsers
other obligation involving the duty to make delivery, or to return the same. who acted with deceit knowing that the check is worthless will be criminally
2) That there be misappropriation, or conversion of such d) The fine under B.P. 22 is based on the amount of the check and is liable.
money or property by the offender, or denial of his part of such receipt. without regard to the amount of damage caused. 2) Under B.P. 22, violation is a malum prohibitum thus,
3) That such misappropriation or conversion or denial is to the good faith is not a defense; while under Article 315, par. 2 (d), the offender
prejudice of another. e) B.P. 22 -- Bouncing Checks Law should be able to obtain money or property from the offended party because of
4) That there is a demand made by the offended party to the the issuance of the check.
offender. Two (2) offenses punished in B.P. 22: 3) Under B.P. 22, violation is a crime against public interest
3 ways to commit Article 315, par. No. 2 (a) 1) Making or drawing and issuing a check knowing at the which affects the entire banking system; while under Article 315, par. 2 (d)
1) By using fictitious name. time of issue that he does not have sufficient funds. the crime is mala in se and therefore requires criminal intent.
2) By falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions. Elements:
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4) Under B.P. 22, deceit and damage are not elements of the damage caused and not more than three times such value, shall be imposed CHATTEL MORTGAGE
crime and the mere issuance of bum check creates criminal liability; under upon:
Article 315, par. 2 (d) deceit and damage must be established. Article 319 -- Removal, sale or pledge of mortgaged property. — The
5) Under B.P. 22, the drawer or issuer is given 5 banking 1. Any person who, pretending to be owner of any real property, shall penalty or arresto mayor or a fine amounting to twice the value of the property
days after receipt of notice of dishonor to pay the value of the check or make convey, sell, encumber or mortgage the same. shall be imposed upon:
arrangement for payment thereof, otherwise presumption of knowledge arises; 2. Any person, who, knowing that real property is encumbered, shall 1. Any person who shall knowingly remove any personal property
while under Article 315, par. 2 (d) the drawer is given 3 calendar days to fund mortgaged under the Chattel Mortgage Law to any province or city
dispose of the same, although such encumbrance be not recorded.
the check from receipt of notice of dishonor otherwise, presumption of deceit other than the one in which it was located at the time of the execution
arises. (Nierras vs. Dacuycuy, 181 SCRA 1) 3. The owner of any personal property who shall wrongfully take it of the mortgage, without the written consent of the mortgagee, or his
from its lawful possessor, to the prejudice of the latter or any third executors, administrators or assigns.
Saddul vs. vs. CA, 192 SCRA 277. person. 2. Any mortgagor who shall sell or pledge personal property already
Saddul was general manager and vice-president of AMPI, the local pledged, or any part thereof, under the terms of the Chattel Mortgage
agent of Land Rover of United States. Mr. Cuevas, on the other hand, was 4. Any person who, to the prejudice of another, shall execute any Law, without the consent of the mortgagee written on the back of the
AMPI President. Because Mr. Lyndsay of Land Rover USA dealt directly with fictitious contract. mortgage and noted on the record hereof in the office of the Register
Saddul, Cuevas felt bad and eased out Saddul, who formed his own company of Deeds of the province where such property is located.
as distributor of spare parts from Land Rover USA. Pursuant to instructions 5. Any person who shall accept any compensation given him under
from Ms. Lyndsay, Saddul sold spare parts worth almost P150,000.00 and the belief that it was in payment of services rendered or labor Articles 320 to 325 on arson are repealed by P.D. 1613.(See
opened a special account in trust for Land Rover USA and did not remit the performed by him, when in fact he did not actually perform such Annex)
proceeds to AMPI President Cuevas. Saddul was prosecuted and convicted services or labor.
for Estafa under Article 315, par. 1 (b) by lower court and CA hence, the ARTICLE 327 -- Malicious mischief.
instant petition for certiorari before the SC. 6. Any person who, while being a surety in a bond given in a criminal Any person who shall deliberately cause damage to the property
Held: SC reversed the conviction, and acquitted Saddul from or civil action, without express authority from the court or before the of another not falling within the terms of the next preceding chapter shall be
Estafa. 1st, Saddul did not receive the personal property in trust or in cancellation of his bond or before being relieved from the obligation guilty of malicious mischief.
commission with the duty to return or deliver the proceeds from AMP, contracted by him, shall sell, mortgage, or, in any other manner,
which was also a mere agent, but from Land Rover USA, the principal. encumber the real property or properties with which he guaranteed Caballes vs. DAR, 168 SCRA 247.
2nd, there was no conversion or misappropriation by Saddul because he the fulfillment of such obligation.
merely followed Land Rover’s instruction to hold the money “in trust” for Article 317 -- Swindling a minor — Any person who taking advantage of the
the principal pending reconciliation of accounts with AMPI. 3rd, there was ARTICLE 328 -- Special cases of malicious mischief.
inexperience or emotions or feelings of a minor, to his detriment, shall induce
no injury to AMPI because AMPI was not the owner of the goods, but a Any person who shall cause damage to obstruct the performance of
him to assume any obligation or to give any release or execute a transfer of
mere agent; and 4h, there was no demand from Cuevas or AMPI for the public functions, or using any poisonous or corrosive substance; or spreading
any property right in consideration of some loan of money, credit or other
return of the proceeds of the spare parts knowing perhaps that AMPI was any infection or contagion among cattle; or who causes damage to the
personal property, whether the loan clearly appears in the document or is
not the owner of the goods. property of the National Museum or National Library, or to any archive or
shown in any other form, shall suffer the penalty of arresto mayor and a fine of
registry, waterworks, road, promenade, or any other thing used in common by
a sum ranging from 10 to 50 per cent of the value of the obligation contracted
Trust receipts (P.D. 115) the public, shall be punished x x x
by the minor.
Allied Banking Corp. vs. Ordonez, 192 SCRA 246; Article. 318 -- Other deceits — The penalty of arresto mayor and a fine of not ARTICLE 329 – Other mischiefs-- The mischiefs not included in the next
less than the amount of the damage caused and not more than twice such preceding article shall be punished:
Lee vs. Rodil, 175 SCRA 100. amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this 1. By arresto mayor in its medium and maximum periods, if the value
chapter. of the damage caused exceeds 1,000 pesos;
B.P. 22 (Bouncing checks) 2. By arresto mayor in its minimum and medium periods, if such
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar value is over 200 pesos but does not exceed 1,000 pesos; and
ARTICLE 316 -- Other forms of Swindling -- The penalty of arresto mayor manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200
in its minimum and medium period and a fine of not less than the value of the pesos.
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3. By arresto menor or fine of not less than the value of the damage who has carnal knowledge of the married woman, KNOWING her to be The penalty next higher in degree imposed upon any person
caused and not more than 200 pesos, if the amount involved does married, even if the marriage be subsequently declared void. who shall seduce his sister or descendant, whether or not she be a virgin
not exceed 200 pesos or cannot be estimated. Elements: or over 18 years of age.
1) That the woman is married. Seduction is committed when offender has carnal knowledge of
2) That she has sexual intercourse with a man not her any of the persons and under the circumstances described herein.
Article 330 -- Damage and obstruction to means of communication — The husband. Two classes:
penalty of prision correccional in its medium and maximum periods shall be . 3) That the man KNEW her to be married. 1) Seduction of a virgin over 12 years and under 18 years
imposed upon any person who shall damage any railway, telegraph or Notes: of age by certain persons, such as a PIA, priest, teacher, etc.
telephone lines. 1) Abandonment of the wife by the husband without 2) Seduction of a sister by her brother, or descendant by her
justification is only a mitigating circumstance. ascendant, regardless of her age and reputation.
If the damage shall result in any derailment of cars, collision or other accident, Note:
the penalty of prision mayor shall be imposed, without prejudice to the criminal ARTICLE 334 -- CONCUBINAGE 1) Virginity here does no mean physical virginity. The RPC
liability of the offender for the other consequences of his criminal act. Concubinage is committed as follows: does not exclude the idea of abduction of a virtuous woman of good
1) Any husband who shall keep a mistress in the conjugal reputation.
For the purpose of the provisions of the article, the electric wires, traction dwelling, 2) Committed through Abuse of AUTHORITY, Abuse of
cables, signal system and other things pertaining to railways, shall be deemed 2) Or shall have sexual intercourse, under scandalous CONFIDENCE, and Abuse of ReLATIONSHIP. (Recall ACRe)
to constitute an integral part of a railway system. circumstances, with a woman who is not his wife,
3) Or shall cohabit with her in any other place, shall be Babanto vs. Zosa, 120 SCRA 834
Article 331 -- Destroying or damaging statues, public monuments or
punished by x x x The accused here, a policeman, brought the victim, only 13 years of
paintings — Any person who shall destroy or damage statues or any other
The concubine shall suffer the penalty of destierro. age, to the ABC Hall and raped her. He was charged in the lower court with
useful or ornamental public monument shall suffer the penalty of arresto mayor
Note: rape but convicted only for qualified seduction because according to the lower
in its medium period to prision correccional in its minimum period.
1) As regards the concubine, she must also know that the court, there was no use of force or violence.
Any person who shall destroy or damage any useful or ornamental painting of man is married. Held: SC modified and convicted accused instead for RAPE
a public nature shall suffer the penalty of arresto menor or a fine not exceeding because there was, in fact, resistance when she kicked the accused while
200 pesos, or both such fine and imprisonment, in the discretion of the court. ARTICLE 335 -- RAPE (Repealed by R.A. 8353) the accused was lifting her dress and removing her panty, and when she
cried afterwards. Accused could not be held liable for Qualified
ARTICLE 336 -- Acts of lasciviousness seduction because of failure to allege virginity in the Information which is
ARTICLE 332 -- Persons exempt from criminal liability. Any person who shall commit any act of lasciviousness upon indispensable to secure conviction for Qualified seduction.
No criminal, but only civil liability, shall result from the commission of any other persons of either sex, under any of the circumstances
the crime of theft, swindling or malicious mischief committed or caused mentioned in the preceding article, shall be punished by x x x. Perez vs. CA, 168 SCRA 236
mutually by the following persons: Note: Yolanda Mendoza first filed a case for Consented Abduction
1) Spouses, ascendants and descendants, or relatives by 1) Distinguish from ABUSES AGAINST CHASTITY (Article against Eleuterio Perez which was dismissed. She subsequently filed a case
affinity in the same line. 246) -- Article 246 is committed by a PUBLIC officer and a mere indecent for Qualified seduction. Accused Perez filed a Motion to Quash invoking
2) The widowed spouse with respect to the property which proposal made earnestly and persistently is sufficient; while in ACTS OF double jeopardy.
belonged to the deceased spouse, before the same shall have passed into the LASCIVIOUSNESS, the offender is usually a PRIVATE individual and it is Held: SC held there was no double jeopardy and denied the
possession of another. necessary that some actual act of lasciviousness is executed by the offender. Motion to Quash. In Consented abduction, the gravamen of the offense is
3) Brothers and sisters and brothers-in-law and sisters-in-law, the, scandal, shame and embarrassment caused to family for the
if living together. ARTICLE 337 -- Qualified seduction abduction of the woman over 12 and under 18 years of age. In Qualified
The exemption established by this article shall not be applicable to The seduction of a virgin over 12 years and under 18 years of seduction, on the other hand, the gravamen of the offense is the wrong
strangers participating in the commission of the crime. age, committed by any person in public authority, priest, house servant, done on the woman herself who was seduced (there was sexual
domestic, guardian, teacher, or any person who, in any capacity, shall be intercourse) through Abuse of authority, confidence or relationship. In
TITLE XI CRIMES AGAINST CHASTITY entrusted with the education or custody of the woman seduced, shall be Consented abduction, there must be taking while in Qualified seduction,
punished by x x x. there is no taking although in both crimes there is consent.
ARTICLE 333 –Who are guilty of ADULTERY
Adultery is committed by 1) Any MARRIED woman who shall ARTICLE 338 -- Simple seduction
have sexual intercourse with a man not her husband and 2) By the man
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Elements: Note: Held: SC lower court’s decision and convicted them for
1) That the offended party is over 12 but less than 18 years of 1) Habituality is not necessary. robbery, and two rapes. The crime of forcible abduction was absorbed in
age. 2) “Under the pretext” means one who is engaged in the the crime of rape because the main purpose was to rape, and the taking
2) That she must be a woman of good reputation, single or services of a woman ostensibly as a maid but in reality for the purposes of or forcible abduction was not a necessary means since they could have
widow. prostitution, still guilty of the offense. raped the victim inside the house, anyway. Taking was only incidental
. 3) That the offender has sexual intercourse with woman. and not necessary to the commission of rape. If, taking, however, was a
4) That it is committed by means of DECEIT. ARTICLE 342 -- Forcible abduction. necessary means, crime is Forcible abduction with rape.
Note: The abduction of any woman against her will and with lewd
1) Virginity of the offended party is not required. designs shall be punished by x x x. ARTICLE 343 -- Consented abduction.
2) Deceit here means false promise to marry the offended party. Elements: The abduction of a virgin over twelve and under 18 years of age,
1) That the person abducted is any woman, regardless of her carried out with her consent and with LEWD DESIGNS, shall be punished
ARTICLE 339 -- Acts of lasciviousness with the consent of the offended age, civil status or reputation. by the penalty of x x x.
party. 2) That the abduction is against her will. Elements:
Punishable here is any other acts of lasciviousness committed 3) That the abduction is with lewd designs. 1) That the offender must be a VIRGIN.
by he same persons and the same circumstances as those provided in Note: 2) That she must be over 12 and under 18 years of age.
Articles 337 and 338. 1) The taking of the woman may be accomplished by means 3) That the taking away must be with her CONSENT, after
Elements: of DECEIT first, and then by means of violence and intimidation. solicitation or cajolery from the offended party.
1) That the offender commits acts of lasciviousness or 2) If the female abducted is under 12 years of age, crime is 4) That the taking away of the offended party must be with
lewdness. forcible abduction, even if she voluntarily goes with her abductor. LEWD DESIGNS.
2) That the acts are committed upon a woman who is a virgin, 3) Sexual intercourse is not necessary. Intent to seduce is Note:
or a single widow of good reputation, over 12 but under 18 years of age, or a enough. 1) If the girl is under 12 years of age, it is always FORCIBLE
sister or descendant, regardless of her reputation or age. 4) Husband cannot be guilty of forcible abduction since lewd ABDUCTION.
. 3) That the offender accomplishes the acts by Abuse of design is wanting. 2) The taking of the virgin need not have the character of
AUTHORITY, Abuse of CONFIDENCE, or Abuse of RELATIONSHIP or 5) Distinguished from GRAVE COERCION: permanency. A temporary taking is sufficient, as long as there is lewd design.
DECEIT. a) In Forcible Abduction, there is lewd designs; while in
Grave Coercion, there is no lewd design, provided there is no ARTICLE 344 -- Prosecution of crimes of adultery, concubinage,
ARTICLE 340 -- Corruption of minors. deprivation of liberty for an appreciable length of time. seduction, abduction, rape and acts of lasciviousness.
Any person who shall promote or facilitate the prostitution or 6) Attempted rape is absorbed by forcible abduction as The crimes of adultery and concubinage shall not be prosecuted
corruption of persons under age to satisfy the lust of another, shall be attempted rape constitutes the element of lewd design. except upon the complaint filed by the offended spouse. The offended
punished by x x x and if the culprit is a public officer or employee, he party cannot institute criminal prosecution without including both the
shall also suffer he penalty of temporary absolute disqualification. People vs. Alburo, 184 SCRA 655 guilty parties, if they are both alive, nor in ay case, if he shall have
Note: Alburo, a jeeney driver, abducted Evelyn from school and brought consented or pardoned the offenders.
1) If the culprit is a public officer or employee, including those her to Beverly Hills in Cebu where he raped her inside the jeepney. As The offense of SEDUCTION, ABDUCTION, RAPE OR ACTS OF
in GOCC, he shall also suffer penalty of Absolute disqualification. defense , he said they were ‘sweethearts.’ LASCIVIOUSNESS shall not be prosecuted except upon a complaint filed
2) It is not necessary that the unchaste acts shall have been Held: SC affirmed Alburo’s conviction for complex crime of by the offended party or her parents, grandparents or guardian, nor in
done. Mere PROPOSAL consummates the offense. FORCIBLE ABDUCTION WITH RAPE. It is a complex crime because the any case, if the offender has been expressly pardoned by the
taking or abduction of Evelyn was a necessary means to commit the abovenamed persons, as the case may be.
ARTICLE 341 -- White slave trade. crime of rape. If, however, there was no taking anymore but mere sexual In cases of SEDUCTION, ABDUCTION, ACTS OF
Penalty shall be imposed upon any person who shall engage in intercourse through violence or intimidation, crime is RAPE. LASCIVIOUSNESS AND RAPE, the marriage of the offender with the
the business or shall profit by prostitution or shall enlist the services of offended party shall extinguish the criminal action, or remit the penalty
any other person for the purpose of prostitution. People vs. Godines, 196 SCRA 765. already imposed upon him. The provisions of this paragraph shall also be
Prohibited acts: Godinez and Moreno robbed the Vilaksi couple. After that, they applicable to the co-principals, accomplices and accessories AFTER
1) Engaging in the business of prostitution. dragged the victim, Esther Ancajas a few meters from the house, and raped THE FACT of the abovementioned crimes.
2) Enlisting the services of woman for the purpose of her among tall cogon grass. Masbate RTC convicted them for Robbery, and Note:
prostitution. Forcible abduction with rape.
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1) Adultery and concubinage must be prosecuted upon the ARTICLE 346 -- Liability of ascendants, guardians, teachers or other legally dissolved, or before the absent spouse has been declared
complaint signed by the offended spouse. persons entrusted with the custody of the offended party. presumptively dead by means of a judgment rendered in the proper
2) Both the guilty parties, if both alive, must be included in the The ascendants, guardians, curators, teachers, and any person proceedings.
complaint for adultery, or concubinage. who, by abuse of authority or confidential relationship, shall cooperate as Note:
. 3) When the offended party is of age and is in complete accomplices in the perpetration of the crimes embraced in chapters 1) Nullity of marriage is not a defense in charge of bigamy.
possession of her mental and physical faculties, she alone can file the second, third and fourth of this Title, shall be punished as PRINCIPALS. 2) The second marriage must have all the essential requisites
Complaint. for validity.
4) Express pardon of the offender is a bar to prosecution for 3) Validity of marriage is a prejudicial question to liability for
seduction, abduction, rape or acts of lasciviousness. TITLE XII CRIMES AGAINST CIVIL STATUS OF PERSONS bigamy.
5) Condonation is not pardon in concubinage or adultery -- 4) A person convicted of bigamy may still be prosecuted for
any subsequent acts of the offender showing that there was no repentance will ARTICLE 347 -- Simulation of births, substitution of one child for concubinage because they are separate and distinct, the first crime or Bigamy
not bar the prosecution of the offense. another and concealment or abandonment of a legitimate child. being a crime against Civil status while Concubinage is a crime against
6) Pardon by the offended party who is a minor must have the The simulation of births and the substitution of one child for Chastity.
concurrence of parents -- except when the offended party has no parents. another shall be punished by x x x. The same penalty shall be imposed
7) Seduction, abduction and acts of lasciviousness must be upon any person who shall conceal or abandon any legitimate child with ARTICLE 350 -- Marriage contracted against the provisions of laws.
prosecuted upon the complaint filed by:1) Offended party;2) Her intent to cause such child to lose its civil status. Penalty shall be imposed upon any person who shall contract
parents; 3) Grandparents; 4) Guardians. And strictly in the ORDER Prohibited acts: marriage KNOWING that the requirements of the law have not been
named above. 1) Simulation of births. complied with, or that the marriage is in DISREGARD of a legal
2) Substitution of one child for another. impediment.
People vs. Ibay-Somera, 174 SCRA 653. 3) Concealment or abandonment of a legitimate child with intent to Elements:
Held: SC held that since the German husband was no longer cause such child o lose its civil status. 1) That the offender contracted marriage.
lawfully married to petitioner Imelda Pilapil at the time he filed the case for Note: 2) That he knew at the time that the requirements of the law
adultery, the complaint must be dismissed. Article 344 provides that adultery 1) Simulation of birth -- takes place when the woman were not complied with; or that the marriage was in disregard of a legal
can only be prosecuted upon the sworn written complaint by the “offended pretends to be pregnant when, in fact, she is not and on the day of the impediment.
spouse. “ Since the German husband was no longer an “offended spouse” by supposed delivery takes the child of another as her down. Simulation is a crime 3) That the offender must be guilty of BIGAMY.
virtue of the divorce decree in 1986 he obtained in Germany which is which alters the civil status of a person. Qualifying circumstances:
recognized here in Philippines also because of nationality principle, the 2) A physician or surgeon or public officer who cooperates in 1) If either of the contracting parties obtains the consent of the
petitioner’s Motion to Quash the Information is hereby granted. There is no the execution of the crime is also criminally liable. other by means of violence, intimidation or fraud, he shall be held criminally
more marriage vow to protect nor any danger of introducing spurious heirs into liable.
the family since there is no spousal relationship to speak of anymore. ARTICLE 348 -- Usurpation of civil status.
Penalty shall be imposed upon any person who shall usurp the ARTICLE 351 -- Premature marriage.
ARTICLE 345 -- Civil liability of persons guilty of crimes against civil status of another, should he do so for the purpose of DEFRAUDING 1) Liable is any widow who shall marry within 301 days from the
chastity. the offended party of his heirs. date of he death of her husband, or before having delivered, if she shall
Persons guilty of rape, seduction or abduction, shall also be Note: have been pregnant at the time of his death, shall be punished x x x.
sentenced: 1) Civil status -- includes one’s public station or the rights, 2) The same penalty shall be imposed upon any woman
1) To indemnify the offended woman. duties, capacities and incapacities which determine a person to a given class. whose marriage shall have been annulled, or dissolved, if she shall marry
2) To acknowledge the offspring, unless the law should There must be intent to enjoy the rights arising from the civil status of another. BEFORE her delivery, or before the expiration of the period of 301 days
prevent him from so doing. 2) The crime is qualified if the purpose is to defraud offended after the legal separation.
3) In every case to support the offspring. parties and heirs. Note:
The adulterer and the concubine in the case provided for in 3) Usurping the civil stats of another is committed by 1) This period may be disregarded if the first husband was
Articles 333 and 334 may also be sentenced in the same proceeding, or in assuming the filiation, or the parental or conjugal rights of another. impotent or sterile.
a separate civil proceeding, to indemnify for damages caused to the 2) Period of 301 days is important only for cases where the
offended spouse. ARTICLE 349 -- Bigamy woman is not pregnant or without knowledge of such pregnancy. If pregnant,
Penalty shall be imposed upon any person who shall contract a prohibition is good only up to time of delivery.
second, or subsequent, marriage before the former marriage has been
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ARTICLE 352 -- Performance of illegal marriage ceremony. phonograph, painting, theatrical exhibition or cinematographic exhibition, or and of deceiving people. Wenceslao sued Borjal for libel asking damages
Priests or ministers of any religious denomination or sect, or any similar means. (Recall MVP) which the RTC and CA sustained.
civil authorities who shall perform or authorize any illegal marriage Held: SC reversed RTC and CA decision, and acquitted
ceremony shall be punished in accordance with the provisions of the Newsweek vs. IAC, 142 SCRA 171 Borjal. In relation to the three elements of libel, 1st, the victim was not
Marriage Law. Newsweek came out with an article “Island of Fear” which, according sufficiently identifiable, because had Wenceslao not identified himself,
Note: to the landowners who are also complainants, depicted them as oppressing the public would have remained “blissfully ignorant of his identity”; 2nd,
1) Priests, or ministers of any religious denomination or sect, and killing their workers, with impunity. Hence, their case for libel asking for there was no Malice in law, nor any MALICE IN FACT which requires that
or civil authorities who shall perform or authorize any legal marriage ceremony. damages which the Bacolod RTC and CA sustained. they were published with knowledge that they are false, or in utter
2) Offender must be authorized to solemnize marriage. Held: SC, however, reversed the lower court and CA and disregard of whether they are false or not. In this case, Borjal’s article
Otherwise, he is liable under Article 177 for Usurpation of authority. held that the article was not actionable. The reason: the complainants had FACTUAL BASIS because President Aquino and Secretary Reyes, in
consisting of an association with 8,500 members are not sufficiently fact, declined to be included in the project yet Wenceslao still included
TITLE XIII CRIMES AGAINST HONOR identifiable. To be libelous, it is essential that the “statement must be so their names, and there were some shady deals which transpired; 3rd,
sweeping or all-embracing as to apply to every individual in that group or there was publication, but publication here was privileged, and not
ARTICLE 353 -- Definition of LIBEL. class, or sufficiently specific so that each individual in the class or group libelous. SC further said that the enumeration of Conditionally/qualifiedly
Libel is a public and malicious imputation of a crime, vice or can prove that the defamatory statement specifically pointed to him, so privileged communication which served as Exceptions to complaint for
defect, real or imaginary, or any act, omission, condition, status or that he can bring the action separately, if need be.” libel under Article 354 are not exclusive. Another exception to libel is if
circumstance, tending to cause the dishonor, discredit or contempt of a publication involves “Fair comment on matters involving public interest”
natural or juridical person, or to blacken the memory of one who is dead. Santos vs. CA, 203 SCRA 692 which is the doctrine enunciated in Borjal vs. CA.
Note: Petitioner Nanerico Santos as columnist of Manila Daily Bulletin
1) Defamation is the proper term for libel as used in Article wrote and published in his column an article entitled “Charges against CMS ARTICLE 354 -- Requirement of publicity.
353. Stock Brokerage, Inc.” The article was quoted verbatim from an unverified Every defamatory imputation is presumed to be malicious, even
2) Communication of the defamatory matter to some third complaint filed with the SEC charging CMS brokerage officials with insider if true, if no good intention and justifiable motive for making it is shown,
persons is essential because it constitutes PUBLICATION. trading and fraudulent practices in the stock market. The CMS officials sued EXCEPT in the following cases:
3) Malice is used to indicate the fact that the offender is Santos. 1) A private communication made by any person to
prompted by personal ill will or spite and speaks not in response to duty, but Held: SC held article was not libelous. The reason: the article is but a another in the performance of any legal, moral or social duty; and
merely to injure the reputation of the person defamed. faithful reproduction of a pleading filed before a quasi-judicial body, 2) A fair and true report, made in good faith without any
4) Malice in fact -- may be shown by proof of ill will, hatred, without any embellishments, wild imputations, distortions or defamatory comments or remarks, of any judicial, legislative or other official
or purpose to injure; also known as express Malice. comments calculated to damage the reputation of the offended parties proceedings, which are not of confidential nature, or of any statement,
Malice in law -- is presumed from defamatory imputation; and expose them to ridicule. Generally, malice is presumed (Malice in law) report or speech delivered in said proceedings, or of any other act
proof is not required because it is presumed to exist from the defamatory in every defamatory imputation but such presumption does not arise if performed by public officers in the exercise of their functions.
imputation. the communication is Qualifiedly privileged under 2nd par. of Article 354, Note:
5) When the communication is PRIVILEGED, malice is not thus: “A fair and true report, made in good faith, without any comments or 1) Malice in law -- every defamatory imputation is presumed
presumed from the defamatory words. remarks, of any JUDICIAL, legislative or other officials proceedings, which are to be malicious, even if it be true, if no good intention or justifiable motive.
6) Identification of the offended party is required in the 4th not of confidential nature x x x.” 2) The presumption is rebutted if it is shown by the accused
element. that:
7) Test to determine whether or not libelous – tend to induce Borjal vs. CA, 301 SCRA 1. a) The defamatory imputation is TRUE, in case the
hearers to readers to impeach his honesty, virtue or reputation or to hold him to In 1988, there was a transportation crisis so government and private law allows proof of the truth of the imputation.
public ridicule. sector organized the First National Convention on Land Transportation. b) It is published with GOOD INTENTION.
Francisco Wenceslao, an engineer, journalist and businessman, was chosen c) There is JUSTIFIABLE MOTIVE for making it.
THREE ELE MENTS of LIBEL: Executive Director for the FNLCT project. His task: to raise at least P1.8 3) Malice is not presumed in the following cases:
M 1) Malice -- whether Malice in law, or Malice in fact. milliion for the convention, and he sent various solicitation letters for this a) A private communication made by any person
V 2) Victim -- must be sufficiently identifiable. purpose. Art Borjal, columnist of Philippine Star, came out with articles of an to another in the performance of any legal, moral or social duty.
P 3) Publication -- it must be made known to another person, alleged “false hero” making unauthorized use of names of President Aquino b) A fair and true report, of any judicial, legislative
preferably in a more or less permanent form of communication like print, radio, and Transportation Scretary Rainerio Reyes in the program, of shady deals or other proceedings, or of any other act performed by public officers in the
exercise of their functions.
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Section 4. Any recording, communication or spoken word obtained 1) Prohibition applies even if the facts are involved in official
R. A. 4200 (Anti–Wire TappIng Act ) in violation of the provisions of this Act shall be INADMISSIBLE IN EVIDENCE proceedings.
in any judicial, quasi-judicial or administrative hearing or investigation. 2) “Gag Law” -- Newspaper reports on cases pertaining to
Section 1. Unlawful acts by any person or participant, not adultery, divorce, issues about the legitimacy of children will necessarily be
authorized by all the parties to any private communication or spoken ARTICLE 355 -- Libel by means of writings or similar means. barred from publication.
word: A libel committed by means of writing, printing, lithography, 3) Sources of news reports may not be revealed unless the
1) To tap any wire or cable. engraving, radio, phonograph, painting, theatrical exhibition, court, or a House Committee of Congress, finds that such revelation is
2) To use any other device or arrangement. cinematographic exhibition, or any similar means, shall be punished by x demanded by the security of the State.
3) To secretly overhear, intercept or record such x x in addition to the civil action which may be brought by the offended
communication by using a device known as detectaphone, walkie-talkie, tape party. ARTICLE 358 -- Slander (Oral defamation)
recorded. Oral defamation shall be punished if it is of a serious and
4) To knowingly possess any tape, wire or disc record or ARTICLE 356 -- Threatening to publish and offer to prevent such insulting nature.
copies of any communication or spoken word. publication for a compensation. Note:
5) To replay the same for any person or persons. Penalty shall be imposed upon any person who threatens 1) Kinds of slander:
6) To communicate the contents thereof, verbally or in writing. another to punish a libel concerning him or the parents, spouse, child or a) Simple slander and
7) To furnish transcriptions thereof, whether complete or other member of the family of the latter, or upon anyone who shall offer b) Grave slander when it is of a serious and
partial. to prevent the publication of such libel for a compensation or money insulting nature.
consideration. 2) Factors that determine the gravity of oral defamation:
EXCEPTIONS: Note: a) Upon the expression used.
1) When the use of the record or copies are for purposes 1) PROHIBITED ACTS: b) On the personal relations of the accused and the
of evidence in any civil, criminal investigation or trial of offenses. a) Threatening another to publish a libel concerning him, his offended party.
2) When a peace officer is authorized by written order parents, spouse, child or other members of the family. c) Circumstances surrounding the case.
from the court to execute any of the acts punishable in cases involving: b) Offering to prevent the publication of such libel for 3) Slander need not be heard by the offended party.
a) Treason. compensation, or money consideration.
b) Espionage. 2) Blackmail – any unlawful extortion of money by threats of Victorio vs. CA, 173 SCRA 645
c) Provoking war and disloyalty in case of war. accusation or exposure. It could also constitute Light threats under Article 283. Atty. Ruiz, a prominent practicing lawyer since 1926, a former Justice
d) Piracy. of the Peace and member of the Provincial Board of Nueva Ecija, a law
e) Mutiny in the high seas. ARTICLE 357 -- Prohibited publication of acts referred to in the course professor and former president of the Nueva Ecija Bar Association, was the
f) Rebellion. of official proceedings. former lawyer of petitioners Victorio. Later, the Victorio family hired another
g) Conspiracy and proposal to commit rebellion. Penalty shall be imposed upon any reporter, editor or manager lawyer, Atty. Castillo and in one case, Atty. Ruiz became opposing counsel.
h) Sedition. of a newspaper, daily or magazine who shall publish facts connected with After hearing, Danilo and Exequiel Victorio uttered the words: “Kayabang ng
i) Inciting to sedition. the private life of another, and offensive to the honor, virtue and putang inang abogadong Ruiz na iyan. Tunaw naman according to utalk,
j) Conspiracy to commit sedition. reputation of said person, even though said publication be made in suwapang at estapapador naman.” Atty. Ruiz sued them for Slander.
k) Kidnapping. connection with or under the pretext that is necessary in the narration of Held: SC sustained their conviction for Grave oral defamation.
l) Other offenses against national security. any judicial or administrative proceedings, wherein such facts have been The word “estapador” implies deceit and dishonesty in the exercise of
mentioned. his profession. The slanderous statements were uttered without
WRITTEN ORDER GRANTED: Elements: provocation, in a loud voice, and totally unfounded, intended to besmirch
1) Written application and examination under oath. 1) The offender is a reporter, editor or manager of a the reputation and cast aspersion on the person, integrity and reputation
2) Reasonable grounds to believe that a violation was newspaper, daily or magazine. of Atty. Ruiz. No need to prove special damage because the words were
committed. 2) He publishes facts connected with the private life of slanderous per se.
3) Reasonable to believe that evidence is essential to the another.
conviction of any person. 3) Such facts are offensive to the honor, virtue and reputation ARTICLE 359 -- Slander by deed.
4) No other means readily available for obtaining such of said person. Penalty shall be imposed upon any person who shall perform
evidence. Note: any act not included in this Title, which shall cast dishonor, discredit or
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contempt upon another person. If said act is not of a serious nature, the Note: instruments whose installation or presence cannot be presumed by the
penalty shall be lower. 1) Defenses in Libel/Defamation: parties being overheard because they are not of common usage, and
Note: a) It appears that the matters charged as libelous is true. their purpose is precisely for tapping, intercepting or record telephone
1) A crime against honor which is committed by performing b) It was published with good motives. conversation. On the other hand, a person calling another by phone may
any act which casts dishonor, discredit or contempt upon another person. c) And it was published for a justifiable end. safely presume that the other may have an extension line and runs the
2) Slander by deed necessarily refers to the performance of risk of being heard by a third party.
an act, not the use of words. ARTICLE 362 -- Libelous remarks.
3) If in addition to slander by deed, there was also present Libelous remarks or comments connected with the matter Ramirez vs. CA, 248 SCRA 590.
any circumstances like use of force and with lewd design short of intent to life, privileged under the provisions of Article 354, if made with MALICE, shall Held: RA 4200 also clearly makes it illegal for any person, not
separate act of Acts of lasciviousness. not exempt the author thereof nor the editor or managing editor of a authorized by the parties to any private communication, to secretly record such
4) Slapping the face of another is Slander by deed if the newspaper from criminal liability. communication by means of tape recorder. The law makes no distinction as to
intention if to cause shame and humiliation. whether the party should to be penalized by the statute ought to be a party
5) Irritation or annoyance -- common element of Slander by ARTICLE 363 -- Incriminating innocent persons. other than or different from those involved in the private communication.
deed, Unjust vexation, and Acts of lasciviousness. Any person who, by any act not constituting perjury, shall
a) Without any concurring factor, it is only Unjust Vexation; directly incriminate or impute to an innocent person the commission of a ARTICLE 364 -- Intriguing against Honor.
b) If purpose of slapping is to cause shame or to humiliate, it crime, shall be punished by x x x. Penalty shall be imposed for any INTRIGUE which has for its
is Slander by deed. Elements: principal purpose to blemish the honor or reputation of a person.
1) That the offender performs an act. Note:
ARTICLE 360 -- Persons responsible. 2) That by such act he directly incriminates or imputes to an 1) This crime is committed by any person who shall make
Any person who shall publish, exhibit or case the publication or innocent person the commission of a crime. any intrigue which has for its principal purpose to blemish the honor or
exhibition of any defamation in writing, or by similar means, shall be 3) That such act does not constitute Perjury. reputation of another.
responsible for the same. The author or editor of a book or pamphlet, or Note: 2) Intriguing against honor is any scheme or plot by means
the editor or business manager of a daily newspaper, magazine or serial 1) Incriminating innocent persons vs. Perjury by making which consists of some trickery.
publication, shall be responsible for the defamation contained therein to false accusations: In Incriminating innocent persons, this is limited to the
the same extent as if he were the author thereof. act of planting evidence and the like in order to incriminate an innocent person; TITLE IV QUASI-OFFENSES/CRIMINAL NEGLIGENCE
Note: while in Perjury by making false accusations, it is the giving of false
1) Persons liable for libel: statement under oath, or making a false affidavit, imputing to the person the ARTICLE 365 -- Imprudence and negligence.
a) Any person who shall publish, exhibit or cause the commission of a crime. Any person who, by reckless imprudence, shall commit any act
publication or exhibition of any defamation in writing, or by similar means. which, had it been intentional, would constitute a grave felony, shall
b) The author, editor of the book or pamphlet. R.A. 4200 (Anti-Wire Tapping Act) suffer the penalty of x x x
c) The editor, business manager of newspaper or magazine
responsible to the same extent as if he were the author. Ganaan vs. IAC, 145 SCRA 112 RECKLESS IMPRUDENCE consists in voluntarily, but without
d) The owner of the printing plant which publishes the libelous The issue here is whether listening to the conversation of another malice, doing or failing to do an act from which material damage results
article, and all the other persons who in any way participate. through the use of an extension telephone is prohibited under the Anti-Wire by reason of INEXCUSABLE LACK OF PRECAUTION on the part of the
2) The offended party must file the complaint for defamation Tapping Act. person performing, or failing to perform such act, taking into
imputing a crime which cannot be prosecuted de officio. Held: SC acquitted petitioners and held that R.A. 4200 does consideration his employment of occupation, degree of intelligence,
3) Libel imputing a vice or defect, not being an imputation of a not include or punish listening to telephone conversation of another physical condition and other circumstances regarding PERSONS, TIME
crime, is always prosecuted upon the Information signed and filed by the through extension phone. An extension telephone cannot be placed in and PLACE.
Fiscal. the same category as a dictaphone, dictograph, walkie-talkie or other SIMPLE IMPRUDENCE consists in the LACK OF PRECAUTION
devices enumerated in Section 1 of R.A. 4200. The law clearly refers only displayed in those cases in which the damage impending to be cases is
ARTICLE 361 -- Proof of Truth. to a “tap” of a wire or cable, or the use of a “device or arrangement” for not immediate nor the danger clearly manifest.
In every criminal prosecution for libel, the truth may be given in purpose of secretly overhearing, intercepting or recording the Note:
evidence to the court, and if it appears that the matter charged as communication. There must be either physical interruption through a 1) Acts punished constituting recklessness or
libelous is true, and moreover, that it was published with good motives wiretap, and the deliberate installation of a device, or arrangement, in imprudence:
and for justifiable ends, the defendants shall be acquitted. order to overhear, intercept or record the spoken words. It refers to
 42
a) By committing through reckless imprudence any act effectiveness of this Code shall be punished in accordance with the Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to
which, had it been intentional, would constitute grave or less grave felony or Code, or acts in force at the time of their commission. Reclusion Perpetua shall be imposed if the property burned is any of the
light felony. following:
b) By committing through simple imprudence or negligence ARTICLE 367 -- Repealing clause.
any act which would otherwise constitute a rave or less serious felony. 1. Any building used as offices of the government or any of its
c) By causing through simple imprudence or negligence -- GOOD LUCK TO THE BAR EXAMS -- agencies;
some wrong which, if done maliciously, would have constituted a light felony.
2) Imprudence or negligence is not a crime in itself, but is 2. Any inhabited house or dwelling;
simply a way of committing a crime.
3) A negligent act causing damage may produce civil liability SALIENT PROVISIONS OF SPECIAL LAWS 3. Any industrial establishment, shipyard, oil well or mine shaft,
arising from a crime or create an action for quasi-delict under the Civil Code. platform or tunnel;
The injured party may choose which remedy to enforce and cannot recover on • P.D. 1613 (AMENDING THE LAW ON ARSON) 4. Any plantation, farm, pastureland, growing crop, grain field,
both.
orchard, bamboo grove or forest;
4) Imprudence vs. negligence distinguished:
Section 1. Arson. Any person who burns or sets fire to the property of another
a) Imprudence is deficiency of action; while Negligence is 4. Any rice mill, sugar mill, cane mill or mill central; and
shall be punished by Prision Mayor.
deficiency of perception.
b) Imprudence is failure in precaution; while Negligence is The same penalty shall be imposed when a person sets fire to his own property 5. Any railway or bus station, airport, wharf or warehouse.
failure in inadvertence. under circumstances which expose to danger the life or property of another.
c) Imprudence may be avoided by paying proper attention Section 4. Special Aggravating Circumstances in Arson. The penalty in any
and using due diligence in foreseeing them; while Negligence may be avoided Section 2. Destructive Arson. The penalty of Reclusion Temporal in its case of arson shall be imposed in its maximum period;
by taking the necessary precaution once they are foreseen. maximum period to Reclusion Perpetua shall be imposed if the property burned
5) When the reckless or simple imprudence only resulted in is any of the following: 1. If committed with intent to gain;
damage to property, the penalty is only a fine.
1. Any ammunition factory and other establishment where 2. If committed for the benefit of another;
Carillo vs. People, 229 SCRA 386. explosives, inflammable or combustible materials are stored.
The deceased, a 13-year-old girl named Catherine Acosta, was 3. If the offender is motivated by spite or hatred towards the owner or
suffering from acute pain tin the lower part of her abdomen. It was 2. Any archive, museum, whether public or private, or any edifice occupant of the property burned;
appendicitis. Dr. Madrid, a surgeon, operated on the girl, while Dr. Carillo, an devoted to culture, education or social services.
anesthesiologist, assisted him. Dr. Carillo, contrary to SOP, did not weigh the 4. If committed by a syndicate.
girl before administering anesthesia to her. Apparently the child suffered from 3. Any church or place of worship or other building where people
usually assemble. The offense is committed by a syndicate if its is planned or carried out by a
an overdose of Nubain. The child later went on a coma, then died three days
group of three (3) or more persons.
after.
Held: SC held Dr. Carillo and Dr. Madrid liable for Simple 4. Any train, airplane or any aircraft, vessel or watercraft, or
conveyance for transportation of persons or property Section 5. Where Death Results from Arson. If by reason of or on the occasion
imprudence resulting in homicide. Simple imprudence is defined as “mere of the arson death results, the penalty of Reclusion Perpetua to death shall be
lack of precaution in a situation where either the threatened harm is not imposed.
immediate or the danger not openly visible.” Put in another way, the 4. Any building where evidence is kept for use in any legislative,
gravamen of the offense of simple imprudence is the failure to exercise judicial, administrative or other official proceedings.
Section 6. Prima Facie evidence of Arson. Any of the following circumstances
the diligence called for by the situation which was not immediately life- shall constitute prima facie evidence of arson:
5. Any hospital, hotel, dormitory, lodging house, housing tenement,
destructive, but which culminted in the present case in the death of a
shopping center, public or private market, theater or movie house or
human being, in this case the victim Catherine. 1. If the fire started simultaneously in more than one part of the
any similar place or building.
building or establishment.
ARTICLE 366 -- Application of laws enacted prior to this Code. 6. Any building, whether used as a dwelling or not, situated in a
Without prejudice to the provisions contained in Article 22 of populated or congested area. 2. If substantial amount of flammable substances or materials are
this Code, felonies and misdemeanors, committed PRIOR to the date of stored within the building note necessary in the business of the
offender nor for household us.
 43
3. If gasoline, kerosene, petroleum or other flammable or 2) employee 3) The above acts would result in an intimidating, hostile, or offensive
combustible substances or materials soaked therewith or containers 3) manager; environment for the employee.
thereof, or any mechanical, electrical, chemical, or electronic 4) supervisor,
contrivance designed to start a fire, or ashes or traces of any of the 5) agent of the employer Education or Training Environment
foregoing are found in the ruins or premises of the burned building or 6) teacher,
property. 7) instructor, In an education or training environment, sexual harassment is
8) professor, committed:
4. If the building or property is insured for substantially more than its 9) coach,
actual value at the time of the issuance of the policy. 10) trainor, or 1) Against one who is under the care, custody or supervision of the
11) Any other person. offender;
4. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other premises 2) Against one whose education, training, apprenticeship or tutorship is
In order to be liable under this law, the following persons enumerated
owned or under the control of the offender and/or insured. entrusted to the offender;
above
Should possess any of the following in a work, training or education 3) When the sexual favor is made a condition to the giving of a passing
5. If shortly before the fire, a substantial portion of the effects insured environment:
and stored in a building or property had been withdrawn from the grade, or in the grating of honors and scholarships or the payment of
1) having authority; a stipend, allowance or other benefits, privileges or considerations; or
premises except in the ordinary course of business. 2) influence, or
3) moral ascendancy over another. 4) When the sexual advances result in an intimidating, hostile or
6. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for offensive environment for the student, trainee or apprentice.
Prohibited Acts
the safety of the person or property of the victim.
Solidary Liability
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be 1) demands
punished by Prision Mayor in its minimum period. 2) requests, or The employer or head of office, educational or training institution hall
3) otherwise requires any sexual favor from the other, be solidarily liable for damage arising from the acts of sexual harassment
Section 8. Confiscation of Object of Arson. The building which is the object of committed in the employment, education or training environment if the
arson including the land on which it is situated shall be confiscated and Such acts are deemed a violation of the law regardless of whether the employer or head of office, educational or training institution is informed of
escheated to the State, unless the owner thereof can prove that he has no demand, such acts by the offended party and no immediate action is taken thereon.
participation in nor knowledge of such arson despite the exercise of due request or requirement for submission is accepted by the object of said act.
diligence on his part. Prescription
Work-related environment
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Any action arising from the violation of provisions of this law shall
Revised Penal Code and all laws, executive orders, rules and regulations, or In a work-related or employment environment, sexual harassment is prescribe in three (3) years.
parts thereof, inconsistent with the provisions of this Decree are hereby committed when:
• RA 9262 (Anti-Violence against Women and their Children)
repealed or amended accordingly. 1) The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said Definition
• R.A. 7877 (Anti Sexual Harassment Act) individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant Violence against women and their children refers to any act or series
This law declares that all forms of sexual harassment in the the sexual favor results in limiting, segregating or classifying the of act against a wife, a former wife, or with whom one has or had a sexual or
employment, education or training environment are unlawful. employee which in a way would discriminate, deprive or diminish dating relationship, or has a common child, or against her child, legitimate or
employment opportunities or otherwise adversely affect said illegitimate, within or outside the family abode, which result or likely to result in
Definition employee; physical, sexual, psychological harm or suffering, or threats of such acts.

Work, education or training-related sexual harassment is committed 2) The above acts would impair the employee’s rights or privileges Kinds of Violence
by the following: under existing labor laws; or
Acts of violence may be physical, sexual or economic.
1) an employer
 44
SEXUAL VIOLENCE includes rape, harassment, lasciviousness, SECTION 1. The imposition of the penalty of death is hereby prohibited. (1) being abused by any person through sexual, physical, psychological,
demeaning and sexually suggestive remarks, physical attack on part of the Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven mental, economic or any other means and the parents or guardian refuse, are
victim’s body, forcible exposure of the woman or her child to obscene (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal unwilling, or unable to provide protection for the child;
publications and show, and forcing the victim to engage in sexual activity. Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred
Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all (2) being exploited including sexually or economically;
PSYCHOLOGICAL VIOLENCE, on the other hand, includes mental other laws, executive orders and decrees, insofar as they impose the death
or emotional abuse like stalking, intimidation, damage to property, public penalty are hereby repealed or amended accordingly. (3) being abandoned or neglected, and after diligent search and inquiry, the
humiliation, repeated verbal abuse and marital infidelity, and deprivation of parent or guardian cannot be found;
right to custody and/or visitation of common children, among others. SEC. 2. In lieu of the death penalty, the following shall be imposed.
(4) coming from a dysfunctional or broken family or without a parent or
ECONOMIC ABUSE includes withdrawal of financial support, (a) the penalty of reclusion perpetua, when the law violated makes guardian;
preventing the victim from engaging in a legitimate profession , work or use of the nomenclature of the penalties of the Revised Penal Code;
business, except on valid grounds; depriving enjoyment of conjugal community or (5) being out of school;
or property; destroying household property; and controlling the victim’s own
money or property or solely controlling the conjugal money or property. (b) the penalty of life imprisonment, when the law violated does not (6) being a streetchild;
make use of the nomenclature of the penalties of the Revised Penal
Provisional Reliefs Code. (7) being a member of a gang;

A protection order shall be issued to prevent further acts of violence. SEC. 3. Person convicted of offenses punished with reclusion perpetua, or (8) living in a community with a high level of criminality or drug abuse; and
The protection order may be the Barangay Protection Order (BPO), temporary whose sentences will be reduced to reclusion perpetua, by reason of this Act,
(9) living in situations of armed conflict.
protection order (TPO) and the permanent protection order (PPO). shall not be eligible for parole under Act No. 4180, otherwise known as the
Indeterminate Sentence Law, as amended. (e) "Child in Conflict with the Law" refers to a child who is alleged
Some of the relief that may be issued includes prohibiting the
as, accused of, or adjudged as, having committed an offense under Philippine
respondent from harassing, annoying, contacting or communicating with the SEC. 4. The Board of Pardons and Parole shall cause the publication at least
laws.
petitioner directly or indirectly; removing the respondent from the residence of one a week for three consecutive weeks in a newspaper of general circulation
the petitioner regardless of ownership of residence, removing the personal of the names of persons convicted of offenses punished with reclusion (j) "Diversion Program" refers to the program that the child in
effects of the respondent from the residence. perpetua or life imprisonment by reason of this Act who are being considered conflict with the law is required to undergo after he/she is found responsible for
or recommend for commutation or pardon; Provided, however, That nothing an offense without resorting to formal court proceedings.
A petition or protection order may be filled by: herein shall limit the power of the President to grant executive clemency under
Section 19, Article VII of the Constitutions. (q) "Restorative Justice" refers to a principle which requires a
1) offended party;
process of resolving conflicts with the maximum involvement of the victim, the
SEC. 5. This Act shall take effect immediately after its publication in two offender and the community. It seeks to obtain reparation for the victim;
2) parents or guardians of the offended party; national newspapers of general circulation. reconciliation of the offender, the offended and the community; and
3) relatives within the fourth (4th) civil degree of the victim; reassurance to the offender that he/she can be reintegrated into society. It also
• REPUBLIC ACT NO. 9344 enhances public safety by activating the offender, the victim and the
4) officers or social workers of the DSWD; community in prevention strategies.
Section 1 – Short Title and Scope -- This Act shall be known as the "Juvenile
Justice and Welfare Act of 2006." It shall cover the different stages involving SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict
5) police officers, Punong Barangay or Barangay Kagawad,
children at risk and children in conflict with the law from prevention to with the law shall have the following rights, including but not limited to:
6) counselor, therapist, or healthcare provider of the petitioner; rehabilitation and reintegration.
(a) the right not to be subjected to torture or other cruel,
7) at least two (2) concerned responsible citizens of the City or Municipality of SEC. 4. Definition of Terms. inhuman or degrading treatment or punishment;
the site of violence.
(d) "Child at Risk" refers to a child who is vulnerable to and at the (b) the right not to be imposed a sentence of capital
risk of committing criminal offenses because of personal, family and social punishment or life imprisonment, without the possibility of
• RA 9346 (ACT PROHIBITING THE IMPOSITION OF DEATH
circumstances, such as, but not limited to, the following: release; x x x
PENALTY)
 45
(I) in general, the right to automatic suspension of sentence; (c) Where the imposable penalty for the crime (2) Any act by deeds or words which debases, degrades or demeans
committed exceeds six (6) years imprisonment, diversion the intrinsic worth and dignity of a child as a human being;
(m) the right to probation as an alternative to imprisonment, if measures may be resorted to only by the court.
qualified under the Probation Law; (3) Unreasonable deprivation of his basic needs for survival, such as
SEC. 38. Automatic Suspension of Sentence. - Once the child who is food and shelter; or
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen under eighteen (18) years of age at the time of the commission of the
(15) years of age or under at the time of the commission of the offense is found guilty of the offense charged, the court shall determine (4) Failure to immediately give medical treatment to an injured child
offense shall be exempt from criminal liability. However, the child shall and ascertain any civil liability which may have resulted from the resulting in serious impairment of his growth and development or in his
be subjected to an intervention program pursuant to Section 20 of this offense committed. However, instead of pronouncing the judgment of permanent incapacity or death.
Act. conviction, the court shall place the child in conflict with the law under
suspended sentence, without need of application: Provided, however, Section 5. Child Prostitution and Other Sexual Abuse. - Children,
A child above fifteen (15) years but below eighteen (18) years of age That suspension of sentence shall still be applied even if the juvenile is whether male or female, who for money, profit, or any other
shall likewise be exempt from criminal liability and be subjected to an already eighteen years (18) of age or more at the time of the consideration or due to the coercion or influence of any adult, syndicate
intervention program, unless he/she has acted with discernment, in pronouncement of his/her guilt. or group, indulge in sexual intercourse or lascivious conduct, are
which case, such child shall be subjected to the appropriate deemed to be children exploited in prostitution and other sexual abuse.
proceedings in accordance with this Act. Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate The penalty of reclusion temporal in its medium period to reclusion
The exemption from criminal liability herein established does not include disposition me assures as provided in the Supreme Court Rule on perpetua shall be imposed upon the following:
exemption from civil liability, which shall be enforced in accordance with Juveniles in Conflict with the Law.
existing laws. (a) Those who engage in or promote, facilitate or induce child
SEC. 42. Probation as an Alternative to Imprisonment. - The court prostitution which include, but are not limited to, the following:
SEC. 23. System of Diversion. - Children in conflict with the law shall may, after it shall have convicted and sentenced a child in conflict with
undergo diversion programs without undergoing court proceedings the law, and upon application at any time, place the child on probation (1) Acting as a procurer of a child prostitute;
subject to the conditions herein provided: in lieu of service of his/her sentence taking into account the best
(2) Inducing a person to be a client of a child
interest of the child. For this purpose, Section 4 of Presidential Decree
(a) Where the imposable penalty for the crime prostitute by means of written or oral
No. 968, otherwise known as the "Probation Law of 1976", is hereby
committee is not more than six (6) years imprisonment, the advertisements or other similar means;
amended accordingly.
law enforcement officer or Punong Barangay with the
assistance of the local social welfare and development officer (3) Taking advantage of influence or relationship to
• REPUBLIC ACT No. 7610 procure a child as prostitute;
or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, Section 1. Title. - This Act shall be known as the "Special Protection of
adopt indigenous modes of conflict resolution in accordance (4) Threatening or using violence towards a child to
Children Against Abuse, Exploitation and Discrimination Act." engage him as a prostitute; or
with the best interest of the child with a view to accomplishing
the objectives of restorative justice and the formulation of a Section 3. Definition of Terms. - (5) Giving monetary consideration goods or other
diversion program. The child and his/her family shall be
pecuniary benefit to a child with intent to engage
present in these activities. (a) "Children" refers to person below eighteen (18) years of age or
such child in prostitution.
those over but are unable to fully take care of themselves or protect
b) In victimless crimes where the imposable penalty themselves from abuse, neglect, cruelty, exploitation or discrimination (b) Those who commit the act of sexual intercourse of
is not more than six (6) years imprisonment, the local social because of a physical or mental disability or condition; lascivious conduct with a child exploited in prostitution or
welfare and development officer shall meet with the child and
subject to other sexual abuse; Provided, That when the
his/her parents or guardians for the development of the (b) "Child abuse" refers to the maltreatment, whether habitual or not, of
victims is under twelve (12) years of age, the perpetrators
appropriate diversion and rehabilitation program, in the child which includes any of the following:
shall be prosecuted under Article 335, paragraph 3, for rape
coordination with the BCPC;
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and Article 336 of Act No. 3815, as amended, the Revised
and emotional maltreatment; Penal Code, for rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when
 46
the victim is under twelve (12) years of age shall be reclusion more his junior in any public or private place, hotel, motel,
temporal in its medium period; and beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar
(c) Those who derive profit or advantage therefrom, whether places x x x
as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, c) Any person who shall induce, deliver or offer a minor to any
place of entertainment or establishment serving as a cover or one prohibited by this Act to keep or have in his company a
which engages in prostitution in addition to the activity for minor as provided in the preceding paragraph x x x
which the license has been issued to said establishment.

Section 7. Child Trafficking. - Any person who shall engage

in trading and dealing with children including, but not limited
to, the act of buying and selling of a child for money, or for
any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim is under
twelve (12) years of age.

Section 9. Obscene Publications and Indecent Shows. -

Any person who shall hire, employ, use, persuade, induce or
coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute
the said materials shall suffer the penalty of prision mayor in
its medium period.

If the child used as a performer, subject or seller/distributor is

below twelve (12) years of age, the penalty shall be imposed
in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity

with the care of a child who shall cause and/or allow such
child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this
section x x x.

Section 10. Other Acts of Neglect, Abuse, Cruelty or

Exploitation and Other Conditions Prejudicial to the
Child's Development. –

a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development x x x

b) Any person who shall keep or have in his company a

minor, twelve (12) years or under or who in ten (10) years or