TITLE NINE CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

CRIMES AGAINST LIBERTY

Crime Elements Penalty/ies
1. That the offender is a private
individual;
2. The he kidnaps or detains
another, or in any manner
deprives the latter of his liberty;
3. That the act of detention or
kidnapping must be illegal; Reclusion perpetua to death (Article 63;
4. That in the commission of the ISLAW not applicable)
offense, any of the following
circumstances is present; Maximum penalty (DEATH):
a) That the kidnapping or
Article 267. detention lasts for - If the kidnapping or detention was
Kidnapping and more than 3 days; committed for the purpose of
Serious Illegal b) That it is committed extorting ransom from the victim or
Detention simulating public any other person;
policy; - If the victim is killed or dies as a
c) That any serious consequence of the detention;
physical injuries are - If raped;
inflicted upon the - If subjected to torture or
person kidnapped or dehumanizing acts
detained or threats to
kill him are made; or
d) That the person
kidnapped or detained
is a minor, female, or a
public officer.

Reclusion temporal (12 years and 1 day to

20 years) No. 28 Table of Penalties
1. That the offender is a private
individual;
Prision Mayor in its minimum and
2. That he kidnaps or detains
medium periods (6 years and 1 day to 10
another, or in any manner
years) No. 23 Table of Penalties and a fine not
deprives him of his liberty;
Article 268. Slight exceeding Php 700.00
3. That the act of kidnapping or
Illegal Detention
detention is illegal;
- If the offender voluntarily release
4. That the crime is committed
the person kidnapped or detained
without the attendance of any
within 3 days from the
circumstances enumerated in
commencement of the detention
Article 267.
(before institution of criminal
proceedings against him)

1. That the offender arrests or

detains another person;
2. That the purpose of the offender
Arresto mayor (1 month and 1 day to 6
Article 269. is to deliver him to the proper
months) No. 1 Table of Penalties and a fine not
Unlawful Arrest authorities;
exceeding Php 500.00.
3. That the arrest or detention is
not authorized by law or there is
no reasonable ground therefor.
Kidnapping of Minors
Article 270. 1. That the offender is entrusted
Kidnapping and with the custody of a minor
failure to return a person (whether over or under 7
Reclusion perpetua (Article 63; ISLAW not
minor years but less than 21 years of
applicable)
age);
2. That he deliberately fails to
restore the said minor to his
parents or guardians.
 Crime Elements Penalty/ies
Prision correccional (6 months and 1 day to
6 years) No. 10 Table of Penalties and a fine not
exceeding Php 700.00
1. That the minor is living in the
Arresto mayor (1 month and 1 day to 6
home of his parents or
Article 271. Inducing months) No. 1 Table of Penalties or a fine not
guardians or the person
a minor to abandon his exceeding Php 300.00, or both.
entrusted with his custody;
home
2. That the offender induces said
- If the person committing any of the
minor to abandon such home.
crimes covered by the two
preceding articles shall be the
father or the mother of the minor.

Slavery and Servitude

Prision mayor (6 years and 1 day to 12
years) No. 19 Table of Penalties and a fine not
1. That the offender purchases,
exceeding Php 10, 000.00
sells, kidnaps, or detains human
being;
Article 272. Slavery Maximum period:
2. That the purpose of the
- If the crime committed is for the
offender is to enslave such
purpose of assigning the offended
human being.
party to some immoral traffic.

Article 273. 1. That the offender retains a

Exploitation of child minor in his service;
labor 2. That it is against the will of the Prision correccional in its minimum and
minor; medium periods (6 months and 1 day to 4
3. That it is under the pretext of years and 2 months) No. 14 Table of Penalties and
reimbursing himself of a debt a fine not exceeding Php 500.00
incurred by an ascendant,
guardian or person entrusted
with the custody of such minor.
Article 274. Services 1. That the offender compels a
rendered under debtor to work for him, either
compulsion in as household servant or farm
Arresto mayor in its maximum period to
payment of debt labourer;
prision correctional in its minimum
2. That it is against the debtors
period (4 months and 1 day to 2 years and 4
will;
months) No. 8 Table of Penalties
3. That the purpose is to require
or enforce the payment of a
debt.
CRIMES AGAINST SECURITY
Abandonment of helpless persons and Exploitation of minors
Article 275. Acts punished: Arresto mayor (1 month and 1 day to 6
Abandonment of months) No. 1 Table of Penalties
persons in danger and 1. By failing to render assistance to
abandonment of ones any person whom the offender
own victim finds in an uninhabited place
wounded or in danger of dying
when he can render such assistance
without detriment to himself,
unless such omission shall
constitute a more serious offense.

Elements:
a) The place is not inhabited;
b) The accused found there a person
wounded or in danger of dying;
c) The accused can render assistance
without detriment to himself;
d) The accused fails to render assistance.

2. By failing to help or render

assistance to another whom the
offender has accidentally wounded
or injured.
3. By failing to deliver a child, under
seven years of age whom the
 offender has found abandoned, to
the authorities or to his family, or
by failing to take him to a safe
place.
Arresto mayor (1 month and 1 day to 6
months) No. 1 Table of Penalties and a fine
not exceeding Php 500.00

Prision Correccional in its medium

and maximum periods (2 years, 4
1. That the offender has the custody months and 1 day to 6 years) No. 15 Table
of Penalties
of a child;
2. That the child is under 7 years of
Article 276. - When the death of a minor
age;
Abandoning a minor result from such abandonment
3. That he abandons such child;
4. That he has no intent to kill the
Prision correccional in its minimum
child when the latter is abandoned.
and medium periods (6 months and 1
day to 4 years and 2 months) No. 14 Table
of Penalties

- When the life of a minor have

been in danger only

Acts punished:

1. By delivering a minor to a public

institution or other persons without
the consent of the one who
entrusted such minor to the care of
the offender or, in the absence of
that one, without the consent of the
proper authorities;

Elements:

a. That the offender has charge of the

rearing or education of a minor;
b. That he delivers said minor to a
public institution or other persons;
Article 277.
c. That the one who entrusted such
Abandonment of Arresto mayor (1 month and 1 day to 6
child to the offender has not
minor by person months) No. 1 Table of Penalties and a fine
consented to such act; or if the one
entrusted with his not exceeding Php 500.00
who entrusted such child to the
custody; indifference
offender is absent, the proper
of parents
authorities have not consented to it.

2. By neglecting his (offenders)

children by not giving the
education which their station in life
requires and financial condition
permits.

Elements:

a. That the offender is a parent;

b. That he neglects his children by not
giving them education,
c. That his station in life requires such
education and his financial
condition permits it.
 Crime Elements Penalty/ies
Acts punished:

a. By causing any boy or girl under

16 years of age to perform any
dangerous feat of balancing,
physical strength, or contortion,
the offender being any person;
b. By employing children under 16
years of age who are not the
children or descendants of the
offender in exhibitions of acrobat,
gymnast, rape-walker, diver, wild-
animal tamer, the offender being
an acrobat, etc. or circus manager Prision correccional in its minimum
or person engaged in similar and medium periods (6 months and 1
calling; day to 4 years and 2 months) No. 14 Table
c. By employing any descendant of Penalties and a Fine not exceeding
under 12 years of age in dangerous Php 500.00
exhibitions enumerated in the next
Article 278. preceding paragraph, the offender Circumstance qualifying the offense:
Exploitation of minors being engaged in any of the said
callings; If the delivery of the child to any person
d. By delivering the child under 16 following any of acrobat, gymnast, rape-
years of age gratuitously to any walker, diver, wild-animal tamer or
person following any of the circus manager in consideration of any
callings enumerated in paragraph 2 price, compensation or promise, the
or to any habitual vagrant or penalty is higher (maximum period)
beggar, the offender being an
ascendant, guardian, teacher or
person entrusted in any capacity
with the care of such child;
e. By inducing any child under 16
years of age to abandon the home
of its ascendants, guardian,
curators or teachers to follow any
person engaged in any of the
callings mentioned in paragraph 2
or to accompany any habitual
vagrant or beggar, the offender
being any person.
Article 279. Additional The imposition of the penalties prescribed in the preceding articles, shall not prevent
penalties for other the imposition upon the same person of the penalty provided for any other felonies
offenses defined and punished by this Code.
Section Two Trespass to Dwelling

1. Offender is a private person;

2. He enters the dwelling of another;
3. Such entrance is against the
latters
will. Arresto mayor (1 month and 1 day to 6
months) No. 1 Table of Penalties and a Fine
Cases when Article 280 does not apply: not exceeding Php 1,000.00
1. When the purpose of the entrance
isto prevent serious harm to If committed by means of violence or
Article 280. Qualified himself,the occupant or third intimidation:
trespass to dwelling persons;
Prision Correccional in its medium
and maximum periods (2 years, 4
2. When the purpose of the offender
months and 1 day to 6 years) No. 15 Table
in entering is to render some
of Penalties and a Fine not exceeding Php
service to humanity or justice;
1,000.00
3. Anyone who shall enter cafes,
taverns, inns and other public
houses while they are open.
 Crime Elements Penalty/ies
1. Offender enters the closed
premises or the fenced estate of
another;
2. The entrance is made while either
Article 281. Other of them is uninhabited; Arresto menor or a fine not exceeding
forms of trespass 3. The prohibition to enter be Php 200.00, or both
manifest;
4. The trespasser has not secured the
permission of the owner or the
caretaker thereof.
Section Three - Threats and Coercion
Acts punished:

1. Threatening another with the

infliction upon his person, honor or
property or that of this family of
any wrong amounting to a crime
and demanding money or imposing
any other condition, even though
not unlawful, and the offender
attained his purpose;

Elements:

a) That the offender threatens

another person with the
infliction upon the latters
person, honor, or property, or
upon that of the latters family, Penalty next lower in degree than that
of any wrong; prescribed by law for the crime he
b) That such wrong amounts to a
crime; threatened to commit - if it falls under
c) That there is a demand for #1
money or that any other
condition is imposed, even Penalty lower by two degrees - if it
Article 282. Grave though not unlawful;
d) That the offender attains his falls under #2
Threats
purpose.
Arresto mayor (1 month and 1 day to 6
2. Making such threat without the months) No. 1 Table of Penalties and a Fine
offender attaining his purpose; not exceeding Php 500.00 if it falls
under #3
3. Threatening another with the
infliction upon his person, honor or
property or that of his family of
any wrong amounting to a crime,
the threat not being subject to a
condition.

Elements:

a) That the offender threatens

another person with the
infliction upon the latters
person, honor, or property, or
upon that of the latters family,
of any wrong;
b) That such wrong amounts to a
crime;
c) That the threat is not subject to a
condition
1. Offender makes a threat to commit
a wrong;
2. The wrong does not constitute a
crime;
Article 283. Light 3. There is a demand for money or Arresto mayor (1 month and 1 day to 6
Threats that other condition is imposed, months) No. 1 Table of Penalties
even though not unlawful;
4. Offender has attained his purpose
or, that he has not attained his
purpose.
 Crime Elements Penalty/ies
In all cases falling within the two next preceding articles, the person making threats
Article 284. Bond for may also be required to give bail not to molest the person threatened, or if he shall fail
good behavior to give such bail, he shall be sentenced to destierro (6 months and 1 day to 6 years) No.
10 Table of Penalties
Acts punished:

1. Threatening another with a weapon,

or by drawing such weapon in a
quarrel, unless it be in lawful self-
defense;
2. Orally threatening another, in the Arresto menor in its minimum period
Article 285. Other
heat of anger, with some harm (From 1 to 11 days) or a fine not
Light Threats
constituting a crime, without exceeding Php 200.00
persisting in the idea involved in
his threat;
4. Orally threatening to do another
any harm not constituting a felony.

Acts punished:

1. Preventing another, by means of

violence, threats or intimidation,
from doing something not
prohibited by law;

2. Compelling another, by means of

violence, threats or intimidation, to
do something against his will,
whether it be right or wrong. Prision Correccional (6 months and 1
day to 6 years) No. 10 Table of Penalties and
Elements: a fine not exceeding Php 6,000.00

1. A person prevented another from Prision Mayor (6 years and 1 day to 12

Article 286. Grave
doing something not prohibited by years) No. 19 Table of Penalties if the
Coercions
law, or that he compelled him to do coercion committed is in violation of
something against his will; be it the exercise of suffrage or for the
right or wrong; purpose of compelling another to
perform any religious act or prevent
2. The prevention or compulsion be him from exercising such right
effected by violence, threats or
intimidation; and

3. The person that restrained the will

and liberty of another had not the
authority of law or the right to do
so, or in other words, that the
restraint shall not be made under
authority of law or in the exercise
of any lawful right.

1. Offender must be a creditor;

2. He seizes anything belonging to his
debtor; Arresto Mayor in its minimum
Article 287. Light period (1 month and 1 day to 2 months)
3. The seizure of the thing be
Coercions No. 2 Table of Penalties
accomplished by means of violence
or a display of material force Arresto Menor or a fine ranging from
2nd paragraph Unjust
producing intimidation; Php 5.00 to 200.00, or both if unjust
Vexation
4. The purpose of the offender is to vexation or any other coercion
apply the same to the payment of
the debt.
 Crime Elements Penalty/ies
Acts punished:

1. Forcing or compelling, directly or

indirectly, or knowingly permitting
the forcing or compelling of the
labourer or employee of the
offender to purchase merchandise
of commodities of any kind from
him;

Elements:

a) Offender is any person, agent or

officer of any association or
corporation;

b) He or such firm or corporation has

employed laborers or employees;

c) He forces or compels, directly or

Article 288. Other indirectly, or knowingly permits to
Similar Coercions be forced or compelled, any of his Arresto mayor (1 month and 1 day to 6
(Compulsory purchase or its laborers or employees to
purchase merchandise or months) No. 1 Table of Penalties and a fine
of merchandise and
commodities of any kind from him ranging from Php 200.00 to 500.00, or
payment of wages by or from said firm or corporation. both
means of tokens)
2. Paying the wages due his laborer or
employee by means of tokens or
object other than the legal tender
currency of the Philippines, unless
expressly requested by such
labourer or employee.

Elements:

a) Offender pays the wages due a

laborer or employee employed by
him by means of tokens or object;

b) Those tokens or objects are other

than the legal tender currency of
the Philippines;

c) Such employee or laborer does not

expressly request that he be paid
by means of tokens or objects.

1. Offender employs violence or

threats, in such a degree as to
Article 289.
compel or force the laborers or
Formations,
employers in the free and legal
maintenance and Arresto mayor (1 month and 1 day to 6
exercise of their industry or work;
prohibition of months) No. 1 Table of Penalties and a fine
combination of capital not exceeding Php 300.00
2. The purpose is to organize,
or labor through
maintain or prevent coalitions of
violence or threats
capital or labor, strike of laborers
or lockout of employers.
DISCOVERY AND REVELATION OF SECRETS
Article 290. 1. Offender is a private individual or Prision correccional in its minimum
Discovering secrets even a public officer not in the and medium periods (6 months and 1
through seizure of exercise of his official function; day to 4 years and 2 months) No. 14 Table
correspondence of Penalties and a Fine not exceeding
2. He seizes the papers or letters of Php 500.00
another;
Arresto mayor (1 month and 1 day to 6
3. The purpose is to discover the months) No. 1 Table of Penalties and a fine
secrets of such another person; not exceeding Php 500.00 if the
offender shall not reveal such secrets
4. Offender is informed of the
 contents of the papers or letters
seized.

Crime Elements Penalty/ies

1. Offender is a manager, employee or
servant;
Article 291. Revealing Arresto mayor (1 month and 1 day to 6
2. He learns the secrets of his
secrets with abuse of months) No. 1 Table of Penalties and a fine
principal or master in such
office not exceeding Php 500.00
capacity;

3. He reveals such secrets.

1. Offender is a person in charge,
employee or workman of a
manufacturing or industrial
establishment;

2. The manufacturing or industrial Arresto mayor (1 month and 1 day to 6

Article 292. Revelation
establishment has a secret of the months) No. 1 Table of Penalties and a fine
of industrial secrets
industry which the offender has not exceeding Php 500.00
learned;

3. Offender reveals such secrets;

4. Prejudice is caused to the owner

 TITLE TEN CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL
Crime Elements Penalty/ies
1. There is personal property belonging
to another;

2. There is unlawful taking of that

property;
Article 293. Who are
guilty of robbery 3. The taking must be with intent to
gain; and

4. There is violence against or

intimidation of any person, or force
upon anything.
Robbery with violence against or intimidation of persons
Acts punished:

1. When by reason or on occasion of the

robbery (taking of personal property
belonging to another with intent to gain),
the crime of homicide is committed;
Reclusion perpetua to death (ISLAW
2. When the robbery is accompanied by not applicable) No. 37 Table of Penalties if
rape or intentional mutilation or arson; accompanied by rape or intentional
mutilation or arson
3. When by reason of on occasion of such
robbery, any of the physical injuries
resulting in insanity, imbecility,
Reclusion temporal in its medium
impotency or blindness is inflicted; period to reclusion perpetua (14
years, 8 months and 1 day to reclusion
4. When by reason or on occasion of perpetua) No. 33 Table of Penalties if any
robbery, any of the physical injuries of the physical injuries penalized under
resulting in the loss of the use of speech subdivision 1 of Art. 263 have been
or the power to hear or to smell, or the inflicted
loss of an eye, a hand, a foot, an arm, or
a leg or the loss of the use of any such
Reclusion temporal (12 years and 1
member or incapacity for the work in
which the injured person is theretofore day to 20 years) No. 28 Table of Penalties -
habitually engaged is inflicted; if any of the physical injuries penalized
Article 294. Robbery
under subdivision 2 of the article
with violence against
5. If the violence or intimidation employed mentioned in the next preceding
or intimidation of
in the commission of the robbery is paragraph have been inflicted
persons carried to a degree unnecessary for the
commission of the crime; Prision Mayor in its maximum
period to reclusion temporal in its
6. When in the course of its execution, the
offender shall have inflicted upon any
medium period (10 years and 1 day to
person not responsible for the 17 years and 4 months) No. 27 Table of
commission of the robbery any of the Penalties if any of the physical injuries
physical injuries in consequence of covered by subdivisions 3 and 4 of Art.
which the person injured becomes 263 have been inflicted or carried to a
deformed or loses any other member of degree clearly unnecessary for the
his body or loses the sue thereof or commission of the crime
becomes ill or incapacitated for the
performance of the work in which he is
Prision correccional in its maximum
habitually engaged for more than 90 days
or the person injured becomes ill or period to prision mayor in its
incapacitated for labor for more than 30 medium period (4 years, 2 months and
days; 1 day to 10 years) No. 18 Table of Penalties
other cases
7. If the violence employed by the offender
does not cause any of the serious
physical injuries defined in Article 263,
or if the offender employs intimidation
only.
 Crime Elements Penalty/ies
Robbery with violence against or intimidation
of person is qualified if it is committed:

1. In an uninhabited place;
2. By a band;
Article 295. Robbery 3. By attacking a moving train, street
with physical injuries,
car, motor vehicle, or airship;
committed in an The offender shall be punished by the
uninhabited place and 4. By entering the passengers maximum periods of the proper
by a band, or with the compartments in a train, or in any penalties prescribed in Article 294
use of firearm on a manner taking the passengers thereof
street, road or alley by surprise in the respective
conveyances; or
5. On a street, road, highway or alley,
and the intimidation is made with the
use of firearms.

Requisites for liability for the acts of the Maximum period of the
members of the band: corresponding penalty prescribed by
law if in the commission of the
Article 296. 1. He was a member of the band; offense, unlicensed firearm is used.
Definition of a band 2. He was present at the commission of (without prejudice to the criminal
and penalty incurred a robbery by that band; liability for illegal possession of
by the members 3. The other members of the band unlicensed firearm)
thereof committed an assault;
Shall be punished as principal if the
4. He did not attempt to prevent the
members of the band are present at the
assault.
commission of the robbery by a band
Article 297.
Reclusion temporal in its maximum
Attempted and
period to reclusion perpetua (17 years
frustrated robbery
4 months and 1 day to reclusion
committed under
perpetua) No. 34 Table of Penalties
certain circumstances
1. Offender has intent to defraud
another;
Article 298.
2. Offender compels him to sign,
Execution of deeds
execute, or deliver any public
by means of violence
instrument or document.
or intimidation
3. The compulsion is by means of
violence or intimidation.
Robbery by the use of force upon things
Article 299. Robbery Subdivision (a): Reclusion temporal ((12 years and 1
in an inhabited house 1. Offender entered an inhabited house, day to 20 years) No. 28 Table of Penalties
or public building or public building; if ARMED and the value of the property
edifice devoted to 2. The entrance was effected by any of taken exceeds Php 250.00 and if
worship the following means: committed as specified in subdivision
a) Through an opening not (a)
intended for entrance or
egress; Prision Mayor (6 years and 1 day to 12
b) By breaking any wall, roof years) No. 19 Table of Penalties if
or floor, or breaking any UNARMED and the value of the
door or window; property taken exceeds Php 250.00
c) By using false keys,
picklocks or similar tools; Prision Mayor ( 6 years and 1 day to
or 12 years) No. 19 Table of Penalties if
d) By using any fictitious ARMED and the value of the property
name or pretending the taken does not exceeds Php 250.00
exercise of public authority.
3. Once inside the building, offender Prision Mayor in its minimum period
took personal property belonging to (6 years and 1 day to 8 years) No. 20
another with intent to gain. Table of Penalties if UNARMED and the
value of the property taken does not
Subdivision (b): exceeds Php 250.00

1. Offender is inside a dwelling house, Penalty next lower in degree than

public building, or edifice devoted to those specified above - if committed
religious worship, regardless of the in a dependency of inhabited house,
circumstances under which he public building or edifice devoted to
 entered it;

2. Offender takes personal property

belonging to another, with intent to
gain, under any of the following
circumstances:

a) By the breaking of doors, religious worship

wardrobes, chests, or any
other kind of locked or
sealed furniture or
receptacle; or

b) By taking such furniture or

objects away to be broken
or forced open outside the
place of the robbery.

Article 300. Robbery

The two qualifications (uninhabited place and Maximum period of the penalty
in an uninhabited
by a band) must concur provided
place and by a band
Inhabited house Any shelter, ship, or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when
the robbery is committed.

Article 301. What is Public building Includes every building owned by the government or belonging to a
an inhabited house, private person but used or rented by the government, although temporarily unoccupied
public building, or by the same.
building dedicated to
religious worship and Dependencies of an inhabited house, public building, or building dedicated to
their dependencies religious worship All interior courts, corrals, warehouses, granaries, barns, coach
houses, stables, or other departments, or enclosed interior entrance connected therewith
and which form part of the whole. Orchards and other lands used for cultivation or
production are not included, even if closed, contiguous to the building, and having direct
connection therewith.
1. Offender entered an uninhabited
place or a building which was not a
dwelling house, not a public
building, or not an edifice devoted to
religious worship;

2. Any of the following circumstances Prision Correccional in its medium

was present: and maximum periods (2 years, 4
months and 1 day to 6 years) No. 15 Table
a) The entrance was effected of Penalties - if the value of the property
through an opening not taken exceeds Php 250.00 provided that
intended for entrance or any of the circumstances in Article 302
egress; is present
b) A wall, roof, floor, or
Article 302. Robbery outside door or window was
in an uninhabited broken; Arresto mayor in its maximum
place or in a private c) The entrance was effected period to prision correctional in its
building through the use of false minimum period (4 months and 1 day
keys, picklocks or other to 2 years and 4 months) No. 8 Table of
similar tools; Penalties - if the value of the property
d) A door, wardrobe, chest, or taken does not exceeds Php 250.00
any sealed or closed
furniture or receptacle was Penalty next higher in degree (in
broken; or cases specified in Articles 294, 295,
e) A closed or sealed 297, 299, 300 and 302) if the property
receptacle was removed, taken is a mail matter or large cattle
even if the same be broken
open elsewhere.

3. Offender took therefrom personal

property belonging to another with
intent to gain.
 Crime Elements Penalty/ies
Article 303. Robbery
of cereals, fruits, or
If the robbery under Article 299 and 302 consists in the taking of cereals, fruits, or
firewood in an
firewood, the penalty imposable is lower.
uninhabited place or
private building
Prision Correccional in its medium
and maximum periods (2 years, 4
1. Offender has in his possession months and 1 day to 6 years) No. 15 Table
picklocks or similar tools; of Penalties - if the offender is a
locksmith
Article 304.
2. Such picklock or similar tools are
Possession of
especially adopted to the Arresto mayor in its maximum
picklocks or similar
commission of robbery; period to prision correctional in its
tools
minimum period (4 months and 1 day
3. Offender does not have lawful cause to 2 years and 4 months) No. 8 Table of
for such possession. Penalties if the offender is a mere
possessor

It includes:

1. Tools mentioned in Article 304;

Article 305. False 2. Genuine keys stolen from the owner;
Keys 3. Any key other than those intended
by the owner for use in the lock
forcibly opened by the offender.

BRIGANDAGE
1. There are least four armed persons;
2. They formed a band of robbers; Prision Mayor in its medium period
3. The purpose is any of the following: to reclusion temporal in its minimum
a) To commit robbery in the period (8 years and 1 day to 14 years
highway; and 8 months) No. 25 Table of Penalties - if
Article 306. Who are
brigands b) To kidnap persons for the the acts committed are not punishable
purpose of extortion or to by higher penalties
obtain ransom; or
c) To attain by means of force Maximum period - if any of the arms
and violence any other carried be an unlicensed firearm
purpose.
1. There is a band of brigands;
2. Offender knows the band to be of
brigands;
3. Offender does any of the following
acts:
a) He in any manner aids,
Prision Correccional in its medium
Article 307. Aiding abets or protects such band period to prision mayor in its
and abetting a band of of brigands;
minimum period (2 years, 4 months
brigands b) He gives them information and 1 day to 8 years) No. 16 Table of
of the movements of the Penalties
police or other peace
officers of the government;
or
c) He acquires or receives the
property taken by such
brigands.
THEFT
Article 308. Who are Persons Liable: There is no crime of Frustrated Theft
liable for theft Theft is not a continuing offense
1. Those who with intent to gain, but
without violence against or Fencing under Presidential Decree No. 1612 is a
intimidation of persons nor force distinct crime from theft and robbery. If the
upon things, take personal property participant who profited is being prosecuted with
person who robbed, the person is prosecuted as an
of another without the latters accessory. If he is being prosecuted separately,
consent; the person who partook of the proceeds is liable
2. Those who having found lost for fencing.
property, fails to deliver the same to
Elements:
the local authorities or to its owner;
 1. The crime of robbery or theft has been
committed;
2. The accused, who is not a principal or
accomplice in the commission of the
crime of robbery or theft, buys,
3. Those who, after having maliciously receives, possesses, keeps, acquires,
damaged the property of another, conceals, sells or disposes, or buys
remove or make use of the fruits or and sells, or in any manner deals in
objects of the damage caused by any article, item, object or anything of
value, which has been derived from
them; the proceeds of the said crime;
4. Those who enter an enclosed estate 3. The accused knows or should have
or a field where trespass is forbidden known that the said article, item or
or which belongs to another and, object or anything of value has been
derived from the proceeds of the crime
without the consent of its owner, of robbery or theft;
hunt or fish upon the same or gather 4. There is, on the part of the accused,
fruits, cereals or other forest or farm intent to gain from himself or another.
products.
The crime of cattle-rustling is defined and
punished under Presidential Decree No. 533, the
Elements of Theft: Anti-Cattle Rustling law of 1974, as the taking by
any means, method or scheme, of any large cattle,
1. There is taking of personal property; with or without intent to gain and whether
committed with or without violence against or
2. The property taken belongs to intimidation of person or force upon things, so
another; long as the taking is without the consent of the
owner/breed thereof. The crime includes the
3. The taking was done with intent to killing or taking the meat or hide of large cattle
gain; without the consent of the owner.
4. The taking was done without the
The Presidential Decree, however, does not
consent of the owner; supersede the crime of qualified theft of large
5. The taking is accomplished without cattle under Article 310 of the Revised Penal
the use of violence against or Code, but merely modified the penalties provided
for theft of large cattle and, to that extent,
intimidation of persons of force upon amended Articles 309 and 310. Note that the
things. overt act that gives rise to the crime of cattle-
rustling is the taking or killing of large cattle.
Elements (Par. 3, Art. 308) Where the large cattle was not taken, but received
by the offender from the owner/overseer thereof,
1. That there is an enclosed estate or a the crime is not cattle-rustling; it is qualified theft
field where trespass is forbidden or of large cattle.
which belongs to another;
2. That the offender enters the same; How to prove theft (Par.1 Art 308)
3. That the offender hunts or fishes 1. The time of the seizure of the thing
2. That it was lost property belonging to
upon the same or gathers fruits, another
cereals or other forest or farm 3. That the accused having had the
products in the estate or field opportunity to return or deliver the
4. That the hunting or fishing or lost property to its owner or to the
local authorities, refrained from doing
gathering of products is without the so.
consent of the owner
See also:
Presidential Decree No. 534
Presidential Decree No. 581

Prision Mayor in its minimum and medium periods (6 years and 1 day to 10 years) No. 23 Table of
Penalties - if the value of the thing stolen is more than Php 12,000.00 but does not exceed 22,000.00; if it
exceeds Php 22,000.00, the penalty imposed is the maximum period and one year of each additional ten
thousand pesos but the total penalty shall not exceed twenty (20) years

Prision Correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years) No. 15
Table of Penalties if the value of the property stolen is more than Php 6,000.00 but does not exceed
12,000.00

Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) No.
14 Table of Penalties if the value of the property stolen is more than Php 200.00 but does not exceed 6,000.00

Arresto Mayor in its medium to prision correccional in its minimum period (2 months and 1 day to 2 years
and 4 months) No. 7 Table of Penalties - if the value of the property stolen is over Php 50.00 but does not
exceed 200.00
Article 309. Penalties
Arresto mayor (1 month and 1 day to 6 months) No. 1 Table of Penalties - if the value of the property stolen
is over Php 5.00 but does not exceed 50.00

Arresto Mayor in its minimum and medium periods (1 month and 1 day to 4 months) No. 5 Table of
Penalties - if the value of the property stolen does not exceed Php 5.00

Arresto menor or a fine not exceeding Php 200.00 - if the theft is committed under the ccircumstances
enumerated under par. 3 of the next preceding article and the value of the property stolen does not exceed Php
5.00; if such value exceeds Php 5.00, the provisions of any of the five preceding subdivision shall be made
applicable

Arresto menor in its minimum period (From 1 day to 10 days) or a fine not exceeding Php 50.00 if the
value of the property stolen is not over Php 5.00 and the offender have acted under the impulse of hunger,
poverty or difficulty of earning a livelihood for the support of himself or his family
 Crime Elements Penalty/ies
Theft is qualified if:

1. Committed by a domestic servant;

2. Committed with grave abuse of
confidence; Penalty is next higher by two degrees
3. The property stolen is a motor than those respectively specified in
vehicle, mail matter, or large cattle; the next preceding article
4. The property stolen consists of
Article 310.
coconuts taken from the premises of
Qualified Theft
a plantation; See also:
5. The property stolen is fish taken
from a fishpond or fishery; or R.A. No. 10883
6. If property is taken on the occasion Presidential Decree No. 330
of fire, earthquake, typhoon,
volcanic eruption, or any other
calamity, vehicular accident, or civil
disturbance.
Arresto mayor (1 month and 1 day to
If the property stolen is any property of the 6 months) No. 1 Table of Penalties and a
Article 311. Theft of
National Library or of the National Museum; fine ranging from Php 200.00 to
the property of the
but if the crime is committed with grave 500.00, or both, unless a higher penalty
National Library and
abuse of confidence the penalty for qualified should be provided under other
National Museum
theft shall be imposed. provisions of this Code

USURPATION
Acts punished:

1. Taking possession of any real

property belonging to another by
means of violence against or
intimidation of persons;
In addition to the penalty incurred for
2. Usurping any real rights in property the act of violence, a fine of from 50 to
belonging to another by means of 100 per centum for the gain which he
violence against or intimidation of shall have obtained but not less than
Article 312. persons. Php 75.00
Occupation of Real
Property or If the value of the gain cannot be
Usurpation of real Elements:
ascertained, a fine from Php 200.00 to
rights in property 500.00 shall be imposed.
1. Offender takes possession of any real
property or usurps any real rights in See also:
property;
2. The real property or real rights RA No. 947
belong to another;
3. Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping
real rights in property;
4. There is intent to gain.
1. There are boundary marks or
monuments of towns, provinces, or
Article 313. Altering estates, or any other marks intended
Arresto menor or a fine not exceeding
boundaries or to designate the boundaries of the
Php 100.00, or both
landmarks same;

2. Offender alters said boundary marks.

CULPABLE INSOLVENCY
Article 314. 1. Offender is a debtor, that is, he has Prision mayor (6 years and 1 day to 12
Fraudulent Insolvency obligations due and payable; years) No. 19 Table of Penalties - if he be a
2. He absconds with his property; merchant
3. There is prejudice to his creditors.
Prision correccional in its maximum
period to prision mayor in its
medium period (4 years, 2 months and
1 day to 10 years) No. 18 Table of Penalties
 if he be not a merchant

Crime Elements Penalty/ies

SWINDLING AND OTHER DECEITS
Article 315. Elements in general: Prision correccional in its maximum
Swindling (Estafa) period to prision mayor in its
1. Accused defrauded another by abuse of
confidence or by means of deceit; and minimum period (4 years, 2 months
and 1 day to 8 years) No. 17 Table of
- This covers the three different ways of Penalties - if the amount of fraud is over
committing estafa under Article 315; thus, Php 12,000.00 but does not exceed
estafa is committed
22,000.00; if such amount exceeds Php
a. With unfaithfulness or abuse of 22,000.00 the penalty shall be in its
confidence; maximum period adding one year for
b. By means of false pretenses or each additional 10,000 but the total
fraudulents acts; or
c. Through fraudulent means.
penalty shall not exceed twenty years
(The first form under subdivision 1
is known as estafa with abuse of Prision correccional in its minimum
confidence; and the second and and medium periods (6 months and 1
third forms under subdivisions 2
and 3 cover estafa by means of
day to 4 years and 2 months) No. 14 Table
deceit.) of Penalties- if the amount of fraud is
over Php 6,000.00 but does not exceed
2. Damage or prejudice capable of pecuniary 12,000.00
estimation is caused to the offended party or
third person.
Arresto mayor in its maximum
Elements of estafa with unfaithfulness of abuse of period to prision correctional in its
confidence under Article 315 (1) minimum period (4 months and 1 day
Under paragraph (a) to 2 years and 4 months) No. 8 Table of
1. Offender has an onerous obligation to deliver Penalties - if the amount of fraud is over
something of value; Php 200.00 but does not exceed
2. He alters its substance, quantity, or quality; 6,000.00
3. Damage or prejudice is caused to another.

Under paragraph (b) Arresto Mayor in its medium and

1. Money, goods, or other personal property is maximum periods (2 months an d 1
received by the offender is trust, or on day to 6 months) No. 6 Table of Penalties -
commission, or for administration, or under
any other obligation involving the duty to if the amount of fraud does not exceed
make delivery of, or to return, the same; Php 200.00
2. There is misappropriation or conversion of
such money or his part of such receipt;
3. Such misappropriation or conversion or denial See also:
is to the prejudice of another; and
4. There is a demand made by the offended party Presidential Decree No. 115
to the offender. (The fourth element is not BP Blg. No. 22
necessary when there is evidence of
misappropriation of the goods by the
defendant).

Under paragraph (c)

1. The paper with the signature of the offended
party is in blank;
2. Offended party delivered it to the offender;
3. Above the signature of the offended party, a
document is written by the offender without
authority to do so;
4. The document so written creates a liability of,
or causes damage to, the offended party or any
third person.

Elements of estafa by means of false pretenses or

fraudulent acts under Article 315 (2)

Acts punished under paragraph (a)

1. Using fictitious name;
2. Falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions; or
3. By means of other similar deceits.

Under paragraph (b)

Altering the quality, fineness, or weight of anything

pertaining to his art or business.

Under paragraph (c)

Pretending to have bribed any government employee,

without prejudice to the action for calumny which the
 offended party may deem proper to bring against the
offender.

Under paragraph (d)

1. Offender post-dated a check, or issued a check
in payment of an obligation;
2. Such postdating or issuing a check was done
when the offender had no funds in the bank, or
his funds deposited therein were not sufficient
to cover the amount of the check.

Note that this only applies if

(1) The obligation is not pre-existing;
(2) The check is drawn to enter into an obligation;
(Remember that it is the check that is supposed to be the
sole consideration for the other party to have entered
into the obligation).

Acts punished under paragraph (e)

1. Obtaining food, refreshment, or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house without paying therefor with intent to
defraud the proprietor or manager.
2. Obtaining credit at any of the establishments
using false pretense
3. Abandoning or surreptitiously removing any
part of his baggage in the establishment after
obtaining credit, food, refreshment,
accommodation without paying.

Estafa through any of the following fraudulent means

under Article 315 (3)

Under paragraph (a)

1. Offender induced the offended party to sign a
document;
2. Deceit was employed to make him sign the
document;
3. Offended party personally signed the
document;
4. Prejudice was caused.

Under paragraph (b)

Resorting to some fraudulent practice to insure success in
a gambling game;

Under paragraph (c)

1. Offender removed, concealed or destroyed;
2. Any court record, office files, documents or
any other papers;
3. With intent to defraud another.
Article 316. Other Under paragraph 1 By conveying, selling, Arresto Mayor in its minimum and
encumbering, or mortgaging any real property,
forms of swindling medium periods (1 month and 1 day to
pretending to be the owner of the same
4 months) No. 5 Table of Penalties and a
Elements fine not less than the value of the
1. There is an immovable, such as a parcel of damage caused and not more than three
land or a building;
2. Offender who is not the owner represents
times such value
himself as the owner thereof;
3. Offender executes an act of ownership such as
selling, leasing, encumbering or mortgaging
the real property;
4. The act is made to the prejudice to the owner
or a third person.

Under paragraph 2 by disposing of real property as

free from encumbrance, although such encumbrance
be not recorded

Elements
1. The thing disposed is a real property:
2. Offender knew that the real property was
encumbered, whether the encumbrance is
recorded or not;
3. There must be express representation by
offender that the real property is free from
encumbrance;
4. The act of disposing of the real property is
made to the damage of another.

Under paragraph 3 by wrongfully taking by the

owner of his personal property from its lawful
 possessor

Elements
1. Offender is the owner of personal property;
2. Said personal property is in the lawful
possession of another;
3. Offender wrongfully takes it from its lawful
possessor;
4. Prejudice is thereby caused to the possessor or
third person.

Under paragraph 4 by executing any fictitious

contract to the prejudice of another

Under paragraph 5 by accepting any compensation

for services not rendered or for labor not performed

Under paragraph 6 by selling, mortgaging or

encumbering real property or properties with which
the offender guaranteed the fulfilment of his
obligation as surety

Elements
1. Offender is a surety in a bond given in a
criminal or civil action;
2. He guaranteed the fulfilment of such
obligation with his real property or properties;
3. He sells, mortgages, or in any manner
encumbers said real property;
4. Such sale, mortgage or encumbrance is
without express authority from the court, or
made before the cancellation of his bond, or
before being relieved from the obligation
contracted by him.
1. Offender takes advantage of the
inexperience or emotions or feelings
of a minor;
2. He induces such minor to assume an Arresto mayor (1 month and 1 day to
obligation or to give release or to 6 months) No. 1 Table of Penalties and a
Article 317. execute a transfer of any property fine of a sum ranging from 10 to 50
Swindling a minor right; percent of the value of the obligation
3. The consideration is some loan of contracted by the minor
money, credit or other personal
property;
4. The transaction is to the detriment of
such minor
Arresto mayor (1 month and 1 day to
Acts punished: 6 months) No. 1 Table of Penalties and a
fine of not less than the amount of the
damaged caused and not more than
1. Defrauding or damaging another by
twice such amount shall be imposed
any other deceit not mentioned in the
upon any person who shall defraud or
Article 318. Other preceding articles;
damage another by any other deceit
deceits 2. Interpreting dreams, by making
forecasts, by telling fortunes, or by Arresto menor or a fine not exceeding
taking advantage or the credulity of Php 200.00 - if any person who, for
the public in any other similar profit or gain, shall interpret dreams,
manner, for profit or gain. make forecasts, or take advantage of
the credulity of the public
CHATTEL MORTGAGE
Article 319. Removal, Acts punished: Arresto mayor (1 month and 1 day to 6
sale or pledge of 1. Knowingly removing any personal months) No. 1 Table of Penalties and a fine
mortgaged property property mortgaged under the Chattel amounting to twice the value of the property
Mortgage law to any province or city
other than the one in which it was
located at the time of execution of the
mortgage, without the written consent of
the mortgagee or his executors,
administrators or assigns;

Elements:
a. Personal property is mortgaged
under the Chattel Mortgage Law;
b. Offender knows that such property
is so mortgaged;
c. Offender removes such mortgaged
personal property to any province
or city other than the one in which
it was located at the time of the
 execution of the mortgage;
d. The removal is permanent;
e. There is no written consent of the
mortgagee or his executors,
administrators or assigns to such
removal.

2. Selling or pledging personal property

already pledged, or any part thereof,
under the terms of the Chattel Mortgage
Law, without the consent of the
mortgagee written on the back of the
mortgage and noted on the record thereof
in the office of the register of deeds of
the province where such property is
located.

Elements:
a. Personal property is already
pledged under the terms of the
Chattel Mortgage Law;
b. Offender, who is the mortgagor of
such property, sells or pledges the
same or any part thereof;
c. There is no consent of the
mortgagee written on the back of
the mortgage and noted on the
record thereof in the office of the
register of deeds.
ARSON AND OTHER CRIMES INVOLVING DESTRUCTION
(PD 1613 repealed Articles 320 to 326-B)
Kinds of arson
1. Simple Arson / Arson, under Section 1 of Presidential Decree No. 1613;
2. Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659;
3. Other cases of arson, under Section 3 of Presidential Decree No. 1613.
Arson, under Section 1 of Presidential Decree No. 1613
- When a person sets fire to his own property under the circumstances which
expose to danger the life or property of another

Destructive arson, under Article 320 of the Revised Penal Code, as amended by
Republic Act No. 7659

If the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored Prision mayor (6 years and 1 day to 12
2. Any archive, museum, whether public or private, or any edifice devoted to
years) No. 19 Table of Penalties if the
culture, education or social services
3. Any church or place of worship or other building where people usually crime committed is simple arson
assemble
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for Reclusion temporal in its maximum
transportation of persons or property
5. Any building where the evidence is kept for use in any legislative, judicial,
period to reclusion perpetua (17 years
administrative or other official proceeding 4 months and 1 day to reclusion
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping perpetua) No. 34 Table of Penalties - if
center, public or private market, theatre or movie house or any similar place destructive arson
or building
7. Any building, whether used as a dwelling or not, situated in a populated or
congested area
Reclusion temporal to reclusion
perpetua (12 years and 1 day to
Other cases of arson, under Section 3 of Presidential Decree No. 1613 reclusion perpetua) No. 32 Table of Penalties
If the property burned is any of the following: Reclusion perpetua to death (ISLAW
1. Any building used as offices of the government or any of its agencies
2. Any inhabited house or dwelling
not applicable) No. 37 Table of Penalties if
death results by reason of or on
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or
tunnel
occasion of arson
4. Any plantation, farm, pasture land, growing crop, grain field, orchard,
bamboo grove or forest Prision Mayor in its minimum period
5. Any rice mill, sugar mill, cane mill, or mill central (6 years and 1 day to 8 years) No. 20
6. Any railway or bus station, airport, wharf or warehouse
Table of Penalties if there is conspiracy
Special Aggravating Circumstances in Arson: (penalty imposed at maximum period) to commit arson

1. If committed with intent to gain

2. If committed for the benefit of another
3. If the offender is motivated by spite or hatred towards the owner or occupant
of the property burned
4. If committed by a syndicate (if planned or carried out by a group of 3 or
more persons)

See Section 6 of PD 1613 for prima facie evidence of arson

MALICIOUS MISCHIEF
Article 327. Who are 1. Offender deliberately caused damage to the property of another;
 2. Such act does not constitute arson or other crimes involving destruction;
Liable for Malicious
Mischief 3. The act of damaging anothers property was committed merely for the sake of
damaging it;

Crime Elements Penalty/ies

Acts punished: Prision correccional in its minimum
and medium periods (6 months and 1
1. Causing damage to obstruct the day to 4 years and 2 months) No. 14 Table
performance of public functions; of Penalties if the value of the damage
2. Using any poisonous or corrosive caused exceeds Php 1,000.00
substance;
Article 328. Special
3. Spreading any infection or contagion Arresto mayor (1 month and 1 day to
cases of malicious
among cattle; 6 months) No. 1 Table of Penalties - if the
mischief
4. Causing damage to the property of value of the damage caused does not
the National Museum or National exceed Php 1,000.00 but is over 200.00
Library, or to any archive or registry,
waterworks, road, promenade, or any Arresto menor if the value of the
other thing used is common by the damage caused does not exceed Php
public. 200.00
Arresto Mayor in its medium and
maximum periods (2 months an d 1
day to 6 months) No. 6 Table of
Penalties - if the value of the damage
caused exceeds Php 1,000.00

Arresto Mayor in its minimum and

medium periods (1 month and 1 day to
4 months) No. 5 Table of Penalties - if
Article 329. Other All other mischiefs not included in the next
the value of the damage caused does
mischiefs preceding article
not exceed Php 1,000.00 but is over
200.00

Arresto menor or a fine of not less

than the value of the damage caused
and not more than Php 200.00 - if the
amount involved does not exceed Php
200.00 or cannot be estimated

Prision Correccional in its medium

and maximum periods (2 years, 4
Article 330. Damage months and 1 day to 6 years) No. 15 Table
of Penalties
and obstruction to This is committed by damaging any railway,
means of telegraph or telephone lines. Prision Mayor - if damage shall result
communication in any derailment of cars, collision, or
other accident

Article 331. Arresto Mayor in its medium to prision correccional in its minimum period (2
Destroying or months and 1 day to 2 years and 4 months) No. 7 Table of Penalties
damaging statutes,
public monuments or Arresto menor or a fine not exceeding Php 200.00, or both - id any useful or
paintings ornamental painting of a public nature is destroyed or damaged
EXTINCTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
Article 332. Persons Crimes involved in the exemption
exempt from criminal 1. Theft;
liability 2. Estafa; and
3. Malicious mischief.

Persons exempted from criminal liability

1. Spouse, ascendants and descendants, or relatives by affinity in the same line;
2. Widowed spouse with respect to the property which belonged to the deceased spouse
before the same passed into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.