TOPIC

CRIMINAL LAW (RPC BOOK 2) &

Relevant Special Penal Laws

Crimes Against National Security and against the government, or an act which
the Law of Nations weakens or tend to weaken the power of the
WHAT: is Treason government or the country to resist/repel the
WHO: are liable for Treason attack of the enemies of the government or
WHEN: Treason is committed of the country. This act partakes of a deed or
WHERE: Treason is committed physical activity as opposed to mental
HOW: Treason is committed operation and must be intentional.
WHAT: is Treason? Mere expression of opinion does not constitute
Treason is a breach of allegiance, which is an act of treason.
the obligation of fidelity and obedience one
owes to the government or sovereign under Evidence needed or required for conviction
which he lives, in return to the protection he of Treason
receives. a. Testimony of at least two witnesses to
the
WHO: are liable for Treason? same overt acts.
Those liable for treason are Filipino b. Confession of guilt in open court.
Citizens and resident alien. A citizen owes
permanent allegiance while a resident alien Overt acts of giving aid and comfort must
owes temporary allegiance to the government be proved by the testimony of at least two
WHEN: Treason is committed? Is there a complex crime of treason with
Treason cannot be committed in time of murder?
peace. Treasonable acts may actually be Treachery, abuse of superior strength and
committed during peace time, but there are no evident pre meditation are inherent in treason
traitors until war has started. if there are killings.
WHERE: Treason is committed? Distinction between treason and sedition:
Treason may be committed in the Treason is the violation of the subject of his
Philippines or elsewhere. allegiance to his sovereign or the supreme
authority of the state, whereas, sedition is the
HOW: Treason is committed? raising of commotion or disturbances in the
LEVYING WAR: The actual assemblage of state.
persons for the purpose of executing
treasonable designs. A formal declaration of Treason and Rebellion Distinguished:
war is not necessary. Actual hostilities An act of levying war to help the enemy of
determine the date of the commencement of the state is treason, otherwise, it would be
war. rebellion. In treason, the purpose is to deliver
ADHERENCE TO ENEMY: Means that a the government to the control of enemy or to
Citizen intellectually or emotionally favors the pave the way for the coming of the enemy,
Enemy and harbors sympathies or whereas, rebellion the purpose of which is to
connections disloyal to his country’s policy or overthrow the duly constituted government to
interest. Adherence alone without aid and substitute the government of their own.
comfort does not constitute treason.
AID AND COMFORT: An act which Conspiracy and Proposal to Commit
strengthens or tends to strengthen the enemy Treason (Art. 115)
of the government in the conduct of war

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 Conspiracy to commit treason is committed There are two mode of committing
when two or more persons come to an Espionage.
agreement pertaining to the commission of
treason and they decide to commit it. Elements of the first mode:
There is proposal to commit treason when a. The offender enters the warship
a person decided to commit treason and fort, naval or military establishment
proposes its commission to some other or reservation
person. b. He obtains information, plans,
If actual overt acts of treason are photographs, or other data of
committed after the conspiracy or after the confidential nature relative to the
proposal is accepted, the crime committed will defense of the Philippines.
be treason, and the conspiracy or proposal is
considered as a means in the commission of Elements of the Second Mode
treason. a. The offender is a public officer
b. He has in his possession the articles,
Is the two witness rule applicable to these data or information referred to in the
felonies? first mode of committing this crime;
c. He discloses their contents to a
Answer: The two witness rule is not applicable representative of a foreign nation.
to cases of conspiracy and proposal to
commit treason as it is applicable only to the Under the first mode, it is not necessary that
crime of treason. the offender succeeds in obtaining the
information.
Misprision of Treason (Art. 116)
(Felony by omission) Inciting to War and Giving Motives to
Elements: Reprisals (Art. 118)
a. The offender must owe allegiance to Elements;
the government of the Philippines; a. That the offender commits unlawful
b. The offender is not a foreigner; or unauthorized acts
c. He has knowledge of a conspiracy to b. That said acts provoke or give
commit treason against the said occasion for a war involving or
government; liable to involve the Philippines or
d. d. He conceals or fails to disclose the expose Filipino citizens to reprisals
said conspiracy to the authorities in on their person or property.
which he resides.
This is committed in time of peace and if the
The offender is punished as an accessory offender is a public officer or employee the
to the crime of treason. penalty is higher.

Relatives who as accessories are exempt from Violation of Neutrality (Art. 119)
criminal liability under Art. 20 are punishable Elements:
under Art. 116.
a. Art. 116 is of special application while a. That there is a war in which the
Art. 20 if of general application Philippines is not involved
b. The security of the state is more b. That competent authorities have
paramount or primordial than mere issued regulations to enforce
relationship neutrality, and
c. The offender commits the distinct crime c. The offender violates any of the
of misprision of treason which separate said regulations.
and different from treason. This is committed in time of war

What is espionage?

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Correspondence with Hostile Country (Art. being members of the complement or
120) passengers.
Elements: The offenders are strangers to the vessel
the attack must come from the outside but
a. There is a war is which the the seizure of the cargo takes place inside
Philippines is involved the vessel.
b. That offender shall have
correspondence with an enemy Elements of Piracy:
country or territory occupied by 1. That a vessel is on the high seas;
enemy troops, and 2. That the offenders are not members of
c. That the said correspondence is its complement or passengers of the
(1) prohibited by the government vessel;
(2) carried on in ciphers or 3. That the offenders (a) attack or seize
conventional signs and (3) notice that vessel or (b) seize whole or part of
or information be given thereby the cargo of said vessel, its equipment
which might be useful to the enemy or personal belongings of its
or intended by the offender to aid complement or passengers
enemy.
Under the first mode, the correspondence Meaning of “High Seas” in the Crimes of
must be prohibited by the government. Piracy
If the correspondence is carried on in “High Seas” does not necessarily mean
ciphers or conventional signs the penalty is that the crime be committed beyond the 3 mile
higher. limit of any state. It means any waters on the
Two witness rule is not applicable in this seacoast which are without the boundaries of
Meaning of “correspondence”. the low-water mark although such waters are
It is a communication by means of letters; within the jurisdictional limits of a foreign
or, it may refer to the letters which pass government because though neutral to war
between those who have friendly or business but are not neutral to crime.
relations.
Where piracy may be punished?
Flight to Enemy’s Country Piracy may be punished in the competent
tribunal of any country where the offender
Elements: may be found or into which he may be carried.
a. Existence of war in which the The jurisdiction of piracy unlike all other
Philippines is involved crimes has no territorial limits.
b. The offender owes allegiance to
the What is mutiny in high seas?
Philippines Mutiny is unlawful resistance to a superior
c. He attempts to flee to enemy officer, as the raising of commotions and
country which is prohibited by the disturbances on board a ship against the
government. authority of its commander
d. That going to the enemy country is
prohibited by competent authority. Piracy distinguished from robbery on the
high seas.
Piracy and Mutiny in High Seas (Art. 122) When the offender is a member of the
Piracy Defined: complement or a passenger of the vessel and
Piracy is robbery or forcible depredation in there is violence against or intimidation of
the high seas, without lawful authority and persons or force upon things in taking the
property
d in the vessel, it is common robbery; if
the
o offender is an outsider, it will be piracy.
n
Piracy
e distinguished from mutiny.
in animo furandi and in the spirit and intention In piracy, the persons who attack a vessel
of universal hostility. or seize its cargo on the high seas are
Pirates are in law hostis humanis generis. strangers to said vessel; while in mutiny, they
Piracy is crime not against any particular state members of the crew or passengers.
but against all mankind. While the intent to gain is essential in the
crime of piracy; in mutiny, the offenders may
Two modes of committing Piracy; only intend to ignore the ship’s officers or they
1. By attacking or seizing a vessel on may be prompted by a desire to commit
the high seas; and plunder.
2. By seizing the whole or part of the
cargo or equipment of the vessel while on the Qualified Piracy (Art. 123)
high seas or the personal belongings of its Special Qualifying Aggravating
complement or passengers, the offenders not Circumstances

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 1. Seizure of the vessel by boarding or of police or other peace officers of the
firing upon the same. government, or acquires or receives property
2. Abandonment of victims without means taken by the pirates or in any manner derives
of saving themselves; any benefit therefrom; or any person who
3. Crime is accompanied by murder, directly or indirectly abets the commission of
homicide, physical injuries, or rape. piracy, shall be punished as an accomplice of
the principal offenders.
Is there a qualified Mutiny?
There is a qualified Mutiny. But limited to Crimes Against the Fundamental Laws of
the qualifying circumstances of paras 2 and 3. the State

Aircraft Piracy or Highjacking (Republic Three kinds of Arbitrary Detention;

Act 6235) 1. Those punished under Art. 124
It is committed by any person who compels 2. Those punished under Art. 125
a change in the course or destination of an 3. Those punished under Art. 126
aircraft of Philippine registry, or seizes or
usurps the control thereof, while it is in flight. Arbitrary Detention Defined:
It is also committed by any person who It is the deprivation by a public officer of the
compels an aircraft of foreign registry to land liberty of a person without any legal ground. If
in Philippine territory or seizes or usurps the a private person is the offender, illegal
control thereof while it is within the said detention is committed.
territory.
Elements of Arbitrary Detention under Art.
How can we consider that an aircraft is in 124;
flight? 1. Offender is a public officer or employee
An aircraft is in flight from the moment all 2. He detains a person
its external doors are closed following 3. The detention is without legal grounds.
embarkation until any of such door is opened
for disembarkation. What are the legal grounds of detention?
1. Commission of a crime; and
Qualified Aircraft Piracy 2. Violent insanity or other ailment requiring
The penalty of 15 years imprisonment to compulsory confinement of the patient in a
death or a fine of fine not less than 25 hospital.
thousand pesos but not more than 5o
thousand pesos shall be imposed upon any
person committing such violation under any of When can public officer arrest even without
the following circumstances; a warrant?
1. Whenever he has fired upon the pilot, Arrest without a warrant may be made by a
member of the crew or passenger of public officer in the following cases;
the aircraft; 1. When the person to be arrested has
2. Whenever he has exploded or committed, is already committing or is about to
attempted to explode any bomb or commit an offense in his presence;
explosive to destroy the aircraft; 2. When an offense has in fact been
3. Whenever the crime is accompanied committed and he has reasonable ground to
by murder, homicide, serious physical believe that the person to be arrested has
injuries or rape. committed it; and
4. When a person to be arrested is an
Piracy in Philippine Waters (PD 532) escaped prisoner
Piracy
Any attack upon or seizure of any vessel, When is there a detention?
or the taking away of the whole or part thereof A person is detained when he is placed in
or its cargo, equipment, or the personal confinement or there is a restraint on his
belongings of its complement or passengers, person. (U.S. vs. Cabanag, 8 Phil. 64)
irrespective of the value thereof, by means of
violence against or intimidation of persons or Arrest without warrant is the usual cause of
force upon things, committed by any person, arbitrary detention.
including a passenger or member of the A peace officer must have a warrant of
complement of said vessel, in Philippine arrest properly issued by the court in order to
waters, shall be considered as piracy. The justify an arrest. If there is no such warrant or
offenders shall be considered as pirates and arrest, the arrest of a person by a public officer
punished as herewith provided. may constitute arbitrary detention.

Any person who knowingly and in any Meaning of “in his presence”
manner aids or protects pirates, such as When the officer sees the offense being
giving them information about the movement committed, although at a distance, or hears

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the disturbance created thereby and proceeds a. Delays for the period of time specified
at once to the scene thereof, or when the in
offense is continuing or has not been b. Art. 124, the performance of any
consummated at the time of arrest, the offense judicial or executive order for the
is said to be committed in his presence. release of a prisoner or detention
Delay in the Delivery of Detained Person to prisoner; or
the Proper Judicial Authority (Art. 125) c. unduly delays the service of the notice
In this felony, the detention is legal but the of such order to said prisoner or the
public officer failed to deliver the proceedings upon any petition for the
detained person to the proper judicial liberation of said prisoner.
authorities within the period required by law.
This is a felony by omission and applies only Elements:
on warrantless arrest. 1. That the offender is a public
officer or employee;
Elements: 2. That there is a judicial or
1. That the offender is public officer or executive order for the release
employee; of a prisoner or detention
2. That he has detained a person for some prisoner, or that there is a
legal grounds; proceeding upon a petition for
3. That he fails to deliver such person to the liberation of such person
the proper judicial authority within: 3. That the offender without good
a. 12 hours if detained for crimes or reason delays (a) the service
offenses punishable by light of the notice of such order to
felonies the prisoner, or (b) the
b. 18 hours for crimes or offenses performance of such judicial or
punishable by correctional executive order for the release
penalties/less grave offenses of the prisoner, or (c) the
c. 36 hours for crimes or offenses proceedings upon a petition of
punishable by capital punishment the release of such person.
or afflictive penalties/ grave Wardens and Jailers are the public officers
felonies. most likely to violate Art. 126.

The person detained has the following Crime of Expulsion (Art. 127)
Rights This is committed by a public officer or
1. Right to be informed of the cause of h employee who without authority of the law
is detention; a. shall expel any person from the
2. Right to communicate and confer at any Philippines, or
time with his counsel upon his request. b. shall compel such person to change
A public officer or employee who obstruct, his residence.
prohibit or prevent an attorney from visiting or The Chief Executive has the power to
conferring privately with a person detained deport alien as an Act of State.
shall be punished by arresto mayor. Only a court by a final judgment can order a
person to change his residence. This best
Judicial Authority Defined illustrated in ejectment proceedings,
Means the Court of Justice or judges of the expropriation proceedings and in the penalty of
said courts vested with judicial power to order destierro.
the temporary detention or confinement of a
person charged with having committed a public Elements:
offense. 1. That the offender is a public officer or
employee.
Article 125 distinguished from Article 124 2. That he expels any person from the
In arbitrary detention under Art. 124, the Philippines, or compels a person to
detention is illegal from the beginning; in change his residence.
arbitrary detention under Art, 125 the detention 3. That the offender is not authorized to do
is legal from the beginning but the illegality of so by law
the detention starts from the expiration of any
of the periods of time specified in Art. 125, Violation of Domicile (Art. 128)
without the person detained having been This is committed by a public officer or
delivered to the proper judicial authority. employee who not being authorized by any
judicial order performs any of the following
Arbitrary Detention Consisting in Delaying acts;
Release of a Prisoner (Art. 126) a. shall enter any dwelling against the will
This is committed by a public officer or of the owner thereof;
employee who b. having entered the dwelling not
against the will of the owner shall

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 search papers or other effects found 2, Rule 126, Rules of Court)
therein without the previous consent of
the owner; or Requisites for issuing search warrant.
c. having surreptitiously entered the A search warrant shall not issue but
dwelling and being required to leave, 1. Upon probable cause
shall refuse to do so. 2. In connection with one specific offense
3. To be determined by the judge or
i “Against the will of the owner” justice of the peace
p 4. After examination under oath or
r affirmation of the complainant and the
e witnesses he may produce, and
s 5. Particularly describing the place to be
u searched and the persons or things to
p be seized.
p
Validity
o of search warrant
s A search warrant shall be valid for ten (10) d
days
e from its date. Thereafter it shall be void
(Sec
s 7, Rule 126, Rules of Court)
opposition or prohibition, by said owner,
whether express or implied. The special Thus, when papers of effects are obtained
aggravating circumstances to increase the during unreasonable searches and seizures, or
penalty are: under a search warrant issued without
a. nighttime probable cause and not in accordance with the
b. If any papers or effects not constituting a procedure described or in violation of the
crime be not returned immediately after the privacy of communication and
search correspondence, thus the papers or effects
obtained are not admissible if presented as
Search warrants maliciously obtained, and evidence.
Abuse in the service of those legally
Obtained (Art. 129) Elements of exceeding authority in
executing search warrant legally procured.
Acts punishable in connection with search 1. That the offender is a public officer or
warrant employee
1. By procuring a search warrant without 2. That he has legally procured a search
just cause warrant.
2. By exceeding his authority or by using 3. That he exceeds his authority or uses
unnecessary severity in executing a unnecessary severity in executing the
search warrant legally procured. same.

Elements of procuring a search warrant Searching domicile without witnesses (Art.

without just cause: 130)
1. That the offender is a public or Elements:
employee 1. That the offender is a public officer or
2. That he procures a search warrant. employee.
3. That there is no just cause. 2. That he is armed with search warrant
legally procured.
Search warrant defined. 3. That he searches the domicile, papers
A search warrant is an order in writing or other belongings of any person.
issued in the name of the People of the 4. That the owner, or any member of his
Philippines, signed by the judge or a justice of family, or two witnesses residing in the
the peace and directed to a peace officer, same locality are not present.
commanding him to search for personal
property and bring it before the court (Sec. 1, Prohibition, interruption, and dissolution of
Rule 126, Rules of Court) peaceful meeting (Art. 131)

Personal property to be seized. What are the acts punished in connection

A search warrant may be issued for the with peaceful meetings, association, and
search and seizure of the following personal petition?
property; 1. By prohibiting or by interrupting, without
1. Property subject of the offense. legal grounds the holding of a peaceful
2. Property stolen or embezzled and other meeting, or by dissolving the same.
proceeds or fruits of the offense. 2. By hindering any person from joining
3. Property used or intended to be used as any lawful association or from attending
a means of committing an offense (Sec. any of its meetings.

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 3. By prohibiting or hindering any person b) destroying property
from addressing, either alone or c) committing serious violence
together with others, any petition to the d) exacting contributions
authorities for the correction of abuses e) diverting public funds from the lawful
or redress of grievances. purposes for which they have been
appropriated.
Interruption of religious worship.
Elements: Rebellion and insurrection are not
1. That the offender is a public officer or Synonymous.
employee The term “rebellion is frequently used where
2. That religious ceremonies or the object of the movement is completely to
manifestations of any religion are overthrow and supersede the existing
about to take place or are going on. government; while the term “insurrection” is
3. That the offender prevents or disturbs more commonly employed in reference to a
the same movement which seeks merely to effect some
change of minor importance, or to prevent the
Circumstances qualifying the offense. exercise of governmental authority with
If the crime is committed with violence or r
Threats. e
s
Offending religious feelings (Art. 133) p
Elements: e
1. That the acts complained of were c
performed (a) in a place devoted for t
worship, or (b) during the celebration of to particular matters or subject.
any religious ceremony.
2. That the acts must be notoriously The Nature of the Crime of Rebellion
offensive to the feelings of the faithful. It is a crime of the masses of a multitude. It
is a vast movement of men and a complex net
CRIMES AGAINST PUBLIC ORDER of intrigue and plots. It evokes not merely a
challenge to the constituted authorities, but
Rebellion or Insurrection (Art. 134-135) also civil war on a bigger or lesser scale.
Elements.
1. public armed uprising; and Is there a complex crime of rebellion with
2. the purpose is either murder, arson, robbery, and or other
a) to remove from the allegiance to the serious crimes?
government or its laws, the Philippine territory
of any part thereof, or any body of land, naval Any or all of the acts described in Art. 135
or other armed forces or when committed as means to or in
b) to deprive the Chief Executive or the furtherance of the subversive ends in Art.
legislature, wholly or partially of any of their 134 become absorbed in the crime of rebellion,
powers or prerogatives and cannot be regarded or penalized as
d
The purpose of the uprising is political, that is, i
to overthrow the duly constituted government s
in order to establish another form of t
government. i
n
Those liable for rebellion are the c
a. Leaders and t
b. Followers crime themselves. They are part and parcel of
The leader is any person who promotes, the rebellion itself and cannot be considered as
maintain or heads a rebellion. If the leader is giving rise to separate crimes under Art. 48
unknown, any person who directed the others,
spoke for them, signed receipts and other If the killing, robbing, destruction of property
documents issued in their name, or performed etc. were done for private purposes or profit,
similar acts on behalf of the rebels, shall be without any political motivation, the crime
deemed a leader of such rebellion. would be separately punished and would not
be embraced by the rebellion. Any crime like
Who may be punished with the penalty rape which could not have been done in
corresponding to that of a leader? furtherance of the rebellion is not ABSORBED.
Any person who while holding public office
or employment takes part in the rebellion by Under our laws, it is not necessary that one
a) engaging in “combat” against the forces has engaged the government in the clash of
of the government; arms to commit the crime of rebellion. If the

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accused knowingly identified himself with an purposes of rebellion and decide to commit it
organization that was openly fighting to
overthrow the government, he is liable for There is proposal to commit rebellion when
rebellion. the person who has decided to rise publicly
and take arms against the Government for any
But if a band of 40 men entered the town, of the purposes of rebellion proposes its
attacked the policemen and then kidnapped execution to some other person or persons.
the Mayor and other town officials without any
evidence showing the nature or purpose, Merely agreeing and deciding to rise
rebellion is not committed but kidnapping. publicly and take arms against the
Government for the purposes of rebellion
Classic Example of No Complex Crime or merely proposing the commission of
The accused charged with rebellion, who said acts is already subject to punishment.
was found illegally possessing a firearm when
his house was searched, cannot be prosecuted Disloyalty of Public Officials or Employees
for the latter as an independent crime as that is (Art. 137)
absorbed in the crime of rebellion if such This crime is committed by public officer in
firearm was found and used in the furtherance three ways;
of rebellion. a. Failing to resist a rebellion by all the
means in their power;
Rebellion distinguished from treason b. continuing to discharge their office under
the control of the rebels; or
1. The levying was against the c. accepting an appointment under the
government would constitute treason rebels.
when performed to aid the enemy, It
would also constitute an adherence to Inciting to Rebellion or Insurrection (Art.
the enemy, giving aid and comfort 138)
The levying war against the Government 1. The offender must not take up arms
during peace time for any purposes and is not in open hostility against the
mentioned in Article 134 is rebellion. government.
2. Rebellion always involves taking up 2. The act punished is that of inciting
arms against the Government ; treason others to commit rebellion or insurrection.
may be committed by mere adherence 3. The means employed by the offender
to the enemy, giving him aid and are speeches, writings, emblems, or any
comfort. similar means.
4. The purpose of the meeting covered
Conspiracy and Proposal to Commit by this article is always illegal as it is held to
Rebellion or Insurrection (Art. 136) incite persons to commit rebellion.
Conspiracy involves an agreement to
commit rebellion. The mere fact of giving and Inciting to rebellion distinguished from
rendering speeches favoring communism proposal to commit rebellion.
could not make one guilty of conspiring if
there is no evidence that the hearers of his 1. In both crimes, the offender induces
speeches or propaganda then and there another to commit rebellion.
agreed to rise up in arms for the purpose of 2. In proposal, the person who proposes
obtaining the overthrow of the democratic has decided to commit rebellion; in
government as envisioned by the principles of inciting to rebellion, it is not required
communism. (People vs. Hernandez 11 SCRA that the offender has decided to commit
223) rebellion.
3. In proposal, the person who proposes
Two crimes are defined and punished the execution of the crime uses secret
u means; in inciting to rebellion, the act of
n inciting is done publicly.
d
What
e is Sedition?(Art. 139)
r
this article. In this crime, there is public and tumultuous
uprising in order to attain by force, intimidation,
1. Conspiracy to commit rebellion; and or any other means, the following objectives;
2. Proposal to commit rebellion. a. preventing the promulgation or execution
of any law, administrative order or holding of
There is conspiracy to commit rebellion any popular election;
when two or more persons come to an b. preventing public officers from exercising
agreement to rise publicly and take up arms their functions;
against the Government for any of the

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 c. inflicting any act of hate or revenge upon unlawful purposes
the person or property of public officers c. which incite rebellious conspiracies or
d. Inflicting any act of hate or revenge riots;
against a private persons or any social class; d. which tend to stir public disturbances
and 3. Knowingly concealing such evil practices.
e. despoiling for any political or social end
the property of any person or of the Elements of inciting to sedition to
government or its political subdivision. accomplish any of its objects:

Sedition involves disturbance of public 1. That the offender does not take direct
order resulting from a tumultuous uprising. If part in the crime of sedition.
there is no public uprising, any outcry tending 2. That he incites others to the
to incite rebellion or sedition in a meeting or accomplishment of any of the acts
public place constitute the crime of tumults and which constitutes sedition.
other disturbance of public order. 3. That the inciting is done by means of
speeches, proclamations, writings,
Nature of the crime. emblems, cartoons, banners, or other
representations tending to the same
Sedition in a general sense, is the raising of end.
commotions or disturbances in the state
(People vs. Cabrera, 43 Phil. 64) Uttering seditious words or speeches and
The ultimate object of sedition is a violation writing, publishing or circulating scurrilous libel
of the public peace or at least such a course of are punishable when;
measures as evidently engenders it (People 1. They tend to disturb or obstruct any
vs. Perez, 45 Phil. 599) lawful officer in executing the functions
of his office.
Sedition distinguished from treason. 2. They tend to instigate others to cabal
and meet together for unlawful
Treason in its more general sense, is the purposes; or
“violation by a subject of his allegiance to his 3. They suggest or incite rebellious
sovereign or liege, lord, or to the supreme conspiracies, riots; or
authority of the state”. Sedition in its more 4. They lead or tend to stir up the people
general sense, is “the raising of commotions or against the lawful authorities or to
disturbances in the state”. disturb the peace of the community, the
safety and order of the Government.

If the purpose of the offender is to attain the It is enough that the words used may tend to
objects of rebellion or sedition by means of create a danger of public uprising. It is not
force or violence, but there is no public necessary that there be clear and present
uprising, the crime committed is direct assault danger of the substantive evil which the law
(Art. 148) aims to prevent.
Scurrilous (low, vulgar, mean or foul) libel
There is conspiracy to committed sedition against the government is punished as inciting
(Art. 141) but no proposal to commit sedition. to sedition.
There is no complex crime of sedition with NOTE: Articles 138 and 142 of RPC has been
murder nor is murder is absorbed in sedition. amended by Presidential Decree 970 by
Two crimes of Murder and Sedition is increasing the penalty for its commission.
committed
Illegal Assemblies and Associations(Art.
Inciting to Sedition Art. 142) 146)
In this offense, the offender must not take a Kinds of Illegal Assemblies
direct part in any public or tumultuous uprising. a. A meeting attended by armed persons for
the purpose of committing any of the crimes
The acts being punished are; punishable under the Revised Penal Code/
1. Inciting others to commit sedition by b. A meeting in which the audience is incited
means of speeches, writings, cartoons, to the commission of the crimes of treason,
banners, or similar representations; and rebellion or insurrection, sedition or assault
2. Uttering seditious speeches, or writing or upon a person in authority of his agent.
publishing scurrilous (defamatory, insulting,
scandalous) libels against the government or Presumption where a person carried an
any duly constituted authorities which; unlicensed firearm in a meeting.
a. tend to obstruct or disturb any public a. That the purpose of the meeting insofar
officer in the performance of public functions as he is concerned, is to commit acts
b. tend to instigate others to cabal punishable under the RPC, and
(conspire or connive) and meet together for

9
 b. He shall be considered as the leader or c) to choke or suffocate him
organizer of the meeting. d) to hold him with the intention of causing
some evil injury
Direct Assault (Art. 148)
Meaning of “In the performance of duties”
Elements of the 1st Kind of Direct Assaults. Refers to the legitimate exercise of the
a. That there be no public uprising; functions of the person in authority or his
b. Force or intimidation is employed; and agent. The duties must be performed in
c. To attain any of the purpose of rebellion accordance with law. The accused must know
or sedition that the victim is in the performance of his
official duties.
Elements of the 2nd of Kind of Direct
Assaults. Meaning of “On the occasion of such
a. That there be no public uprising; performance”
b. The offender attacks or employ force or Means the impelling motive of the attack is
seriously intimidates or seriously resist the performance of official duty or by reason of
another; the past performance of official duties.
c. The offended party is a person in
authority or his agents; What is a person in authority?
d. Offended party was assaulted while in
the performance of official duties or on the Any person directly vested with jurisdiction,
occasion of such performance; and whether as an individual or as a member of
e. Offender knows that the person some court or governmental corporation, board
assaulted is a person in authority or his agents. or commission shall be deemed a person in
authority. A barrio captain and a barangay
The 2nd Kind of Direct Assaults is chairman shall also be deemed a person in
committed in four ways. authority.
a. By Attacking By “directly vested with jurisdiction” is
b. By employing force meant “the power or authority to govern and
c. By seriously intimidating execute the laws.”
d. By seriously resisting a person in
authority or his agents. What is an agent of person in authority?
The felony becomes qualified where the
offender a) uses a weapon, b) a public officer An agent of a person in authority is one
or employee c) lays hands upon a person in who, by direct provision of law or by election or
authority. by appointment by competent authority, is
charged with the maintenance of public order
In the absence of any of these requisites, and the protection and security of life and
there would be no assault. property such as a barrio councilman, barrio
Force must be employed to defy the policeman, and any person who comes to the
authorities which must be serious and must be aid of persons in authority
of such a character as to show contempt for
authority. Casual force which usually Examples of “While engaged in the
accompanies resistance and disobedience to performance of official duties.
authorities is not sufficient. It has reference to a. Killing a provincial governor while
something more dangerous to civil society. engaged in the performance of his
duties. It is a complex crime of direct
The felony becomes qualified where the assault with murder. (U.S. vs. Baluyot,
offender 40 Phil. 385)
a) Uses a weapon b. Elbowing the provincial governor while
b) is a public officer or employee he was going down the stairs of the
c) lays hands upon a person in authority municipal building for the purpose of
e.g. Pointing a gun to a police officer while in inspecting the office of the chief of
the discharge of his duties is direct assault police, producing contusions on the
upon an agent of person in authority. right side of the body.

“Attack” is any “offensive or antagonistic Can Direct Assault be committed upon a

movement or action of any kind. Drawing a private individual?
pistol from the holster and aiming of that pistol Direct assault can be committed upon a
at a person, constitute an attack” private person who comes to the aid of a
person in authority since he is then considered
Meaning of “lays hands upon a person in as an agent of person in authority in view of the
authority” amendment of Art. 152 by RA 1978
a) to inflict upon him physical injuries
b) to strike him with a hand Indirect Assault (Art. 149)

10
 a) That an agent of a person in authority is
Elements: engaged in the performance of official
a) That direct assault is being committed duty or gives a lawful order to the
against an agent of person in authority; offender.
b) The offended party comes to the aid of b) That the offender disobeys such agent
said agent of person in authority; and of a person in authority.
c) The offender uses force or intimidation c) That such disobedience is not of a
upon the said offended party serious nature.

Knowledge of the accused that the victim is What is the distinction between direct
a person in authority or his agent, essential. assault and resistance or disobedience to a
person in authority or his agents?
The accused assaulting must have a) In direct assault the resistance must be
knowledge that the offended party was a serious while in resistance or
person in authority or his agent in the exercise disobedience, the resistance is not
of his duties, because the accused must have serious, that is without manifest
the intention to offend, injure, or assault the intention to defy the authority of the law.
offended party as a person in authority or agent b) In direct assault, the person in authority
of person in authority. or his agent must be engaged in the
performance of official duties or that he
Disobedience to Summon Issued by is assaulted by reason thereof; but in
National Assembly (Art. 150) resistance, person in authority or his
agent must be in the actual
Acts being punished: performance of his duties.
a) Disobedience without legal excuse to
summons issued by the National Assembly or Persons in Authority(Art. 152)
any of its committee or subcommittees
b) Refusal of any person present before a A person in authority is any person directly
legislative or constitutional body or official to; vested with jurisdiction, whether as an
1) Be sworn or placed under affirmation or individual or as a member of some court or
2) To answer any legal inquiry governmental corporation, board, or
3) To produce any books, papers, commission, shall be deemed a person in
documents or records in his possession when authority.
required to do so by said bodies in the In applying the provisions of articles 148
exercise of their function. and 151, teachers and professors and persons
engaged with the supervision of public or duly
Who are those liable under this Article? recognized private schools, colleges, and
a) Any person who commits any of the acts universities shall be deemed a person in
of disobedience mentioned authority.
b) Any person who Tumults and Other Disturbance of Public
1) Restrain another from attending as Order (Art. 153)
witness
2) Induces him to disobey a summons Kinds:
3) Induces him to refuse to be sworn in by a) Causing serious disturbance in a public
such body. place, office or establishment
Any of these acts may constitute contempt of b) Interrupting or disturbing public
the National Assembly and could be punish as performances, functions or gatherings, or
such. peaceful meetings
c) Making any outcry tending to incite
Resistance and Disobedience to a Person rebellion or sedition in any meeting,
in Authority or His Agents (Art. 151) association or public place
d) Displaying placards or emblems which
Elements: provoke a disturbance of public order in such
a) There is no direct assault, indirect assault place
or disobedience to a summon issued by e) burying with pomp the body of a person
Congress who has been legally executed
b) The offender seriously resists or
seriously disobeys a person in authority or his Unlawful Use of Means of Publication and
agent Unlawful Utterances (Art. 154)
c) At the time of the said resistance or
disobedience, the person in authority or his Acts punished:
agent is in the performance of his duties. a) Publishing or causing to be published by
means of writing, lithography or any other
Elements of simple disobedience (par. 2) means of publication as news, any false news
which may endanger the public order, or cause

11
damage to the interest or credit of the state Is there a qualified evasion of service of
b) encouraging disobedience to the law or sentence?
to the duly constituted authorities or by When the evasion takes place by
praising, justifying, or exhibiting any act a) Breaking doors, windows, gates, walls,
punished by law, by the same means or by roofs, or floors
words, utterances or speeches. b) Using picklocks, false keys, disguise,
c) Maliciously publishing or causing to be deceit, violence, intimidation or
published any official resolution to document c) Connivance with other convicts or
without proper authority, or before they have employees of the penal institutions.
been published officially The crime of evasion of service of sentence is
a continuing offense which may be prosecuted
PS: PD No. 90 punishes rumor mongering or in any place where the offender may be found.
spreading of false information which tends to
cause panic, divisive effects among people, Evasion of Service of Sentence On the
discredit of or distrust of duly constituted Occasion of Disorders (Art. 158)
authorities, undermine the stability of the
government. Elements:
a) Offender is a prisoner serving sentence
Alarms and Scandal (Art. 155) and is confined is a penal institution;
b) He evades his sentence by leaving the
Acts punished: penal institution;
a) Discharging any firearm, rocket, c) He escapes on the occasion of disorder
firecrackers, or other explosives within any due to conflagration, earthquake, explosion, or
town public place producing or calculated to similar catastrophe or mutiny in which he has
cause alarm or danger not participated; and
b) Instigating or taking an active part in any d) He fails to give himself up to the
charivari or other disorderly meeting offensive authorities within 48 hours following the
to another or prejudicial to public tranquility issuance of a proclamation by the Chief
c) Disturbing the public peace while Executive regarding the passing away of the
wandering about at night or while engaged in calamity.
any nocturnal amusement.
d) Causing any disturbance or scandal in Other Cases of Evasion of Service of
public places while intoxicated or otherwise. Sentence (Art. 159)

Delivery of Persons from Jail (Art. 156) Violation of Conditional Pardon:

In this jurisdiction, a conditional pardon is
Elements: certainly a contract between two parties: the
a) The offender is a private individual Chief Executive, who grants the pardon, and
b) He removes a person confined in jail or a the convict, who accepts it. It does not become
penal institution or helps in the escape of such perfected until the convict is notified of the
person; and same and accept it with all conditions attached
c) The means employed are violence, to it.
intimidation, bribery or any other means. But when the conditional pardon is null and
void, conviction for violation of that pardon is
The prisoner may be a detention prisoner or also inneffectual.
one sentenced by virtue of a final judgment.
Elements of the offense of violation of
Evasion of Service of Sentence(Art. 157) conditional pardon.

Kinds: 1. That the offender was a convict.

a) Evasion of service of sentence under Art. 2. That he was granted a conditional
157 pardon by the Chief executive
b) Evasion of service of sentence on the 3. That he violated any of the conditions of
occasion of disorders or other calamities under such pardon.
Art. 158
c) Violation of conditional pardon under Art. Violation of conditional pardon
159 distinguished from evasion of service of
sentence by escaping.
Elements of Art. 157
a) Offender is a prisoner serving sentence Violation of conditional pardon does not
involving deprivation of liberty by reason of cause harm or injury to the right of other person
final judgment nor does it disturb the public order; it is merely
b) He evades the service of his sentence an infringement of the terms stipulated in the
during the term of his imprisonment. contract between the Chief Executive and the
criminal.

12
 Evasion of the service of the sentence is an
attempt at least to evade the penalty inflicted Making, Importing and Uttering False Coins
by the courts upon criminal and thus defeat the (Art. 163)
purpose of the law of either reforming or
punishing them for having disturbed the public What are the coins that may be the object of
order. (Alvarez vs. Director of Prison s. 80 Phil. the crime?
43) a) Gold or silver coins
b) Minor coins of the Philippines
Quasi Recidivism (Art. 160) c) Coin of the currency of foreign country

Quasi-recidivism is a special aggravating Art. 163 does not require that the coins
circumstances where a person, after having counterfeit be of legal tender. Under this
been convicted by final judgment, shall commit article, even falsification of coins of a foreign
a new felony before beginning to serve such country that has been withdrawn from
sentence, or while serving the same. He shall circulation is punishable.
be punished by the maximum period of the
penalty prescribed by the law for the new Making, Importing and Uttering False Coins
felony. (Art. 163)

Elements: What is counterfeiting?

a) Offender is convicted by final judgment of It means to imitate a coin that is genuine by
a felony or an offense; and giving the appearance that the said coin is a
b) He commits another felony before legal tender.
beginning to serve such sentence or while The criterion is that the imitation must be
serving the same. such as to deceive ordinary person in believing
it to be genuine. If the imitation is so imperfect
The second offense must be punishable by that no one may be deceived, the felony cannot
the Revised Penal Code. be consummated

The severe penalty imposed on a quasi- What is importing of coins?

recidivist is justified because of the perversity It means to bring into port. This means that
and incorrigibility. as long as the vessel has entered port, there is
When the quasi-recidivist reaches the age already importation even if those coins are not
of 70 years, he may be pardoned unless he is a placed in circulation because the mere act of
habitual delinquent importing is punishable.

Crimes Against Public Interest What is uttering false coins?

Forgeries (Art. 161-167) It means to circulate, to pass counterfeit
The Crimes of Forgeries are: coins. It is the act of giving away or delivering
1) Forging the seal of the government, or passing to another counterfeit coins
signature or stamp of the Chief Executive (Art.
161) Mutilation of coins (Art. 164)
2) Counterfeiting coins (Art. 163)
3) Mutilation of coins (Art. 164) What acts are punished?
4) Forging treasury or bank notes or other a) Mutilation of coins of legal tender
documents payable to bearer b) Importing of mutilated current coins
5) Counterfeiting instruments not payable to c) Uttering of mutilated coins in connivance
bearer (Art. 167) with the importer or mutilators.

Acts Punished Regarding the Seal of the Mutilation is to diminish by ingenuous means
Government or the Signature or Stamp of the metal in the coin.
the Chief Executive:
1) Counterfeiting the great seal of the NOTE: Article 164 has been repealed by PD 247
government of the Philippines (Art. 161) (PROHIBITING AND PENALIZING DEFACEMENT,
MUTILATION, TEARING, BURNING OR
2) Forging the signature or stamp of the
DESTRUCTION OF CENTRAL BANK NOTES AND
Chief Executive (Art. 161) The crime is COINS).
falsification.
3) Knowingly and making use of the said Acts of Forgery that are Punished Under
counterfeit seal or forged signature or Art. 166
stamp(Art. 162) 1. Forging or falsification of
(The offender in this crime performs an act a) Treasury notes
pertaining to that of an accessory but is b) Bank notes
punished by Art. 162 especially one degree c) Certificates or other obligations and
lower than that provided for the counterfeiter or securities payable to bearer
forger).

13
 2. Importation of such forged or falsified by which some disposition or agreement is
documents proved, evidenced or set forth.
3. Uttering in connivance with the forger or
importer of such forged or falsified documents. Kinds of Document
1. Public document – any instrument
Acts of Forgery that are Punished Under notarized by a notary public or competent
Art. 167 public official with the solemnities required by
1. Forging instruments payable to order or law.
other documents of credit not payable to 2. Official document – any instrument
bearer. issued by government or its agents or officers
2. Importing such false instruments having the authority to do so and the offices,
3. Uttering such false instruments in which in accordance with their creation, they
connivance with the forger or the importer. are authorized to issue. The officers must
NOTE: Instruments of foreign government or issue the document in the performance of their
banks are covered by this article. duties.
3) Private document – every deed or
Illegal Possession and Use of False instrument executed by a private person
Treasury Note (Art. 168) without the intervention of a notary public or of
any other person legally authorized, by which
Acts punished; documents some disposition or agreement is
a) Knowingly possessing with intent to proved, evidenced or set forth.
use any of such forged treasury or bank 4) Commercial document – any instruments
notes; and executed in accordance with the Code of
b) Knowingly using such forged treasury Commerce or any mercantile law containing
and bank notes. disposition of commercial rights or obligations.

Elements: When may a private document become a

a) Note is counterfeit public or official document?
b) Accused has knowledge that such bill When it becomes a part of the public or
is counterfeit; and official record, it partakes of the nature of a
c) Intent to make use of it. public or official document

How Forgery is Committed Art. 169 Ecclesiastical Minister, etc (Art. 171)
1. Giving to a treasury or bank note or any
instrument payable to bearer or order the
appearance of a true and genuine document.
2. Erasing, substituting, counterfeiting or Elements:
altering the figures, letters, words, or signs 1) Offender is a public officer, employee or
contained therein. notary;
Para 1 also includes situation involving 2) He takes advantage of his official
originally true and genuine documents which position; and
have been withdrawn from circulation or 3) Falsifies document by;
demonetized or have outlived their usefulness. a) counterfeiting or imitating any
handwriting, signature or rubric
Falsification of Legislative Documents (Art. b) Causing it to appear that persons have
170) participated in any act or proceeding where
they did not in fact so participate
Elements: c) Attributing to persons who have
a) Accused is any person participated in an act or proceeding,
b) Without authority makes an alteration in statements other than those in fact made by
any bill, resolution or ordinance of the National them
Assembly, provincial board, city or municipal d) Making untruthful statements in a
council; and narration of facts
c) Such may be enacted, approved, or e) Altering true dates
pending approval in said legislative body. f) Making alteration in a genuine
Note: Accused must not be a public official document w/c changes its meaning
entrusted with the custody or possession of
such documents otherwise Art. 171 will apply. In counterfeiting, there is an imitation of the
The alteration must have the effect of original handwriting, signature or rubric.
changing the meaning of the document It is not necessary that the imitation be
perfect, it is enough that there be a intent to
Meaning of Document imitate, an attempt to imitate, and that the two
Any written instrument by which a right is signatures, the genuine and the forged, bear
established or an obligation is extinguished, or some resemblance to each other.
every deed or instrument executed by a person

14
Making Untruthful Statements in the a) Knowingly and falsely, representing
Narration of Facts oneself to be an officer, agent or representative
of any department or agency of the Philippine
Elements; government or any foreign government;
a) Obligation on the part of the accused to b) Performing any act pertaining to any
disclose the truth; person in authority or public officer of the
b) Wrongful intent to injure a third person Philippine Government or any foreign
Legal obligation means that there is a law government or any agency thereof, under
requiring the disclosure of the facts contained pretense of official position and without being
in the a document. lawfully entitled to do so.

Altering true dates Violation of Article 177 is not restricted to

Falsification is committed only if the true private individuals. Public officials may also
date is essential. commit this felony.

Making Alteration or Intercalation in a Where the Municipal Councilor who

Genuine Documents continue to perform as Mayor of the
Municipality notwithstanding the opinion of the
Elements; Executive Secretary that the Vice Mayor had
a) There is a genuine document the right exercise such duties in the absence of
b) An alteration or intercalation is made the Mayor, it was held that the Councilor is
therein guilty of usurpation.
c) Such changes the meaning of the
document Using Fictitious Name and Concealing True
d) The change made the document speak Name (Art. 178)
something false.
There are two acts being punished under
False Medical Certificates, Certificates of this article, namely;
Merit or Service Etc, (Art. 174) a) Using a fictitious name
b) Concealing true name
Acts punished:
a) Issuance of a false certificate by a Elements of using a fictitious name;
physician or surgeon in connection with the a) Offender used a name other than his real
practice of his profession name;
b) Issuance of false certificate of merit or b) Fictitious name was used publicly in
service, good conduct or similar circumstances order;
by a public officer 1) to conceal a crime , or
c) Falsification by a private person of any 2) to evade a judgment, or
certificate falling under a and b 3) to cause damage to public interest

Using False Certificate (Art. 175) Elements of concealing true name;

a) Offender conceals his true name and
Elements: other personal circumstance;
a) There must be a false certificate as b) The purpose is in order to conceal his
defined in Art 174; identity
b) Knowledge that the certificate is false; NOTE: There is no publicity here unlike using
and fictitious name wherein the felony should be
c) Offender uses the same. done publicly.
However, in our jurisdiction, the other
Manufacturing and Possession of personal circumstances must also be
Instruments or Implements for Falsification concealed.
(Art. 176)
Illegal Use of Uniforms and Insignia (Art.
Acts punished: 179)
a) Making or introducing into the Philippines
any stamps, dies, marks, or other instruments Elements;
or implements intended to be use for a) Offender publicly makes use of insignia,
counterfeiting uniform or dress; and
b) Possession with intent to use any of the b) The insignia, uniform or dress pertains to
instruments or implements an office not held by the offender or pertains to
a class of persons of which the offender is not a
Usurpation of Authority or Official member.
Functions(Art. 177) NOTE: Exact imitation of the uniform is not
necessary. Colorable resemblance calculated
Acts punished: to deceive the common run of people and not

15
those thoroughly familiar with every detail or c) Willful and deliberate assertion of
accessory is sufficient. falsehood by the offender; and
RA No. 75 punishes the use of any military, d) The sworn statement containing the
naval, police or official uniform, decoration, or falsity is required by law
regalia of any foreign state, nation, or
government with which the Philippines is at What is material matter?
peace. It means the main fact which is the subject
of the inquiry, or any circumstance which tends
False Testimony Against Defendant (Art. to prove the fact, or any fact or circumstance
180) which tend to corroborate or strengthen the
testimony relative to the subject of the inquiry
What is False Testimony? or which legitimately affects the credit of any
It is a declaration under oath of a witness in witness who testified.
a judicial proceeding which is contrary to what
is true, or to deny the same, or to alter Distinctions between false testimony and
essentially the truth. perjury
False testimony requires a criminal intent While both are perversions of truth, false
and cannot be committed thru negligence. So if testimony is given in the course of judicial
it is due to error or good faith it is not felonious proceedings, whereas perjury is any willful and
neither it could be attempted or frustrated. corrupt assertion of falsehood on a material
matter under oath and not given in a judicial
Forms of False Testimony proceedings.
a) False testimony in criminal cases (Art. False testimony contemplates an actual trial
180 & 181); where judgment of conviction or acquittal is
b) False testimony in civil cases (Art. 182); rendered and not merely a preliminary
and investigation, whereas perjury may be
c) False testimony in other cases (Art. 183) committed in a preliminary investigation.

False Testimony to the Defendant (Art. 181) Offering False Testimony in Evidence (Art.
In this article, intent to favor the accused is 184)
essential in this kind of false testimony.
However, it is not necessary that the false Elements:
testimony given should directly influence the a) Offer in evidence of a false witness or
decision of acquittal. The penalty provided for testimony;
herein is lower than provided for in Art. 180 b) Offender knows such falsity; and
because there is no danger to the life or liberty c) Offer was made in a judicial or official
of the defendant. proceeding
Note: The felony is consummated the moment
False Testimony in Civil Cases (Art. 182) a false witness is offered in any judicial or
official proceeding.
Elements; Looking for a false witness is not punished by
a) The testimony must be given in a civil law because it is not offering a false witness.
case;
b) The testimony must relate to the issues FRAUDS
presented in said case;
c) The testimony must be false; Machinations in Public Auction (Art. 185)
d) The false testimony must be given by the
defendant knowing the same to be false; and Acts punished:
e) Such testimony must be malicious and a) Soliciting any gift or promise as
given with an intent to affect the issues consideration for refraining from taking part in
presented in the said case. any public auction; and
b) Attempting to cause bidders to stay away
False Testimony in Other Cases and from an auction by threats, gifts, promises or
Perjury in Solemn Affirmation (Art. 183) any other artifice, with intent to cause reduction
of the price of the thing auctioned
Perjury defined: Note: The felony is consummated by mere act
It is a corrupt and willful assertion of of soliciting gift or promise for the purpose of
falsehood under oath or affirmation abstaining from taking part in any public
administered by authority of law on a material auction.
matter.
Elements: Monopolies and Combinations in Restraint
a) Statement or affidavit upon material of Trade (Art. 186)
matter made under oath;
b) Before a competent officer authorized to Acts punished:
receive and administer such oath;

16
 a) Entering into a conspiracy or combination deals, or his business or services for those one
in restraint of trade or to prevent by artificial having established good will, or committing any
means free competition in the market; act calculated to produce said result.
b) Monopoly of merchandize to alter prices
by spreading false rumors or any other artificial CRIMES RELATIVE TO OPIUM AND
means to restrain free competition in the PROHIBITED DRUGS
market; and
c) Acts of manufacturers, producers, Articles 190 to 194 have been repealed by
processors or importers prejudicial to lawful Republic Act No. 6425 as amended by P.D. 44.
commerce. It is further amended by Republic Act No. 9165
Grounds for liability: a) knowingly permitting otherwise known as Comprehensive
commission of said acts, or b) Failing to Dangerous Drugs Act of 2002.
prevent commission of said acts.
CRIMES AGAINST PUBLIC MORALS
Persons liable when any of said acts is
committed by a corporation, or association; The crimes against public morals are:
a) If it is a domestic corporation or 1. Gambling (Art. 195)
association, the president or one of the 2. Importation, sale and possession of
directors or managers thereof; lottery tickets or advertisements (Art. 196)
b) If it is a foreign corporation or 3. Betting in sports contests (Art. 197) now
association, the agent or representative repealed by PD. 483
thereof. 4. Illegal betting on horse races (Art. 198)
as modified by Republic Act No. 954
Substituting and Altering Trade-Marks, 5. Illegal cock fighting (Art. 199) now
Trade Names or Service Marks (Art. 188) repealed by Presidential Decree No. 449
6. Grave scandal (Art. 200)
Acts punished: 7. Immoral doctrines, obscene publication
a) Substitution of trade mark or trade name and Exhibitions (Art. 201) as amended by PD.
of a manufacturer for the trademark or Nos. 960, 969 & 970.
tradename of the real manufacturer upon an 8. Vagrancy and prostitution (Art. 202)
article of commerce and selling the same
b) Selling said article knowing the Acts punished in gambling
fraudulent use of said trademarks or a) Directly and indirectly taking part in
tradename gambling;
c) Using or substituting service mark of b) Knowingly permitting gambling to take
some person in the sale or advertising of his place in an inhabited place or uninhabited
service place;
d) Reproducing the trademark, tradename, c) Acting as maintainer, conductor, or
or service mark of a person for another to banker in any game of jueteng or any similar
enable the latter to fraudulently use the same game;
upon his goods and services. d) Knowingly and illegally possessing
lottery list, paper or other matter pertaining to
Unfair Competition, Fraudulent the game of jueteng or any similar game.
Registration of Trade Marks, Trade Names
or Service Marks(Art. 189) Games that constitute gambling by
provision of law:
Acts punished: a) monte b) jueteng c) any form of lottery,
a) Unfair competition by selling goods policy, banking, or percentage game and d)
giving then the appearance of goods of dog races
another;
b) Affixing in goods false designations of Games that my constitute gambling:
origin; a) Any game or scheme the result of which
c) Fraudulent registration of trademark, depends wholly or chiefly upon chance or
trade name and service mark hazard and wherein wagers consisting of
money, articles of value, or representative of
Note: The true test of unfair competition is value are made; and
whether certain goods have been clothed with b) Any other mechanical intervention or
an appearance which is likely to deceive the contrivance to determine by chance the loser
ordinary purchaser exercising ordinary care. or winner of money or any object or
representative of value.
What is unfair competition?
Unfair competition consists in employing Game of Chance Defined:
deception or any other means contrary to good A game of chance is that which depends
faith by which any person shall pass off the more on chance or hazard than on skill or
goods manufactured by him or in which he ability

17
 of the players or participants.
The purpose of the law in in punishing c) Point-shaving – any such arrangement,
gambling is to effectuate early repression of an combination, scheme or agreement by which
evil that, in the opinion of the Legislature the skill or ability of any player or participant in
undermines the social, moral and economic a game, races or sports contest to make points
growth of the nation, and is best calculated to or scores shall be limited deliberately in order
answer the ends of precaution necessary to to influence the result thereof in favor of one or
deter others from commission of the like the other team, player or participant therein.
offenses. d. Game machination – any other fraudulent,
deceitful, unfair or dishonest means, method,
Importation, Sale and Possession of manner or practice employed for the purpose
Lottery Tickets or Advertisements (Art. 196) of influencing the result of any game, races or
sports contests
Acts punished:
a) Importation of lottery tickets Illegal Cockfighting (Art. 199 Amended by
b) Sale or distribution of such tickets in PD 449
connivance with the importer
c) Illegal possession of lottery ticket Acts punished:
d) Sale of lottery tickets without connivance a. Betting money or things of value or
with the importers. representative of value in cockfights on days
not permitted by law;
It is not necessary that the lottery ticket in b. Organizing cockfights at which bets are
possession of the offender. made on days not allowed by law;
c. Betting money or thing of value
Betting in Sports Contest (Art. 197 repealed representative of value on cockfights at a place
by PD 483) other than a licensed cockpit; and
d. Organizing cockfights at a place other
Acts punished: than a licensed cockpit.
a) Betting money or any object of value ore
representative of value on the result of any OFFENSES AGAINST DECENCY AND
sport contests; GOOD CUSTOMS
b) The game is not prohibited but the betting
on the result thereof. Grave Scandal (Art. 200)
Art. 2019 of the Civil Code of the Philippines
provides that betting on the result of the sport Elements:
or athletic competition may be prohibited by a. Act must be highly scandalous;
local ordinances. b. publicly committed or within the
Illegal Betting on Horse Races (Art. 198 knowledge and view of the public;
Modified by RA 954 as amended by RA c. must offend against decency or good
3063) customs; and
d. Act not expressly falling within any other
Acts punished: article of the Code.
a) Betting on horse races on days not It is essential that the act or acts complained
allowed by law; and of should be committed in public or within the
b) Maintaining or employing a totalizer or knowledge and view of the public.
other devise for betting on horse races or for
profit on days not allowed by law. Immoral Doctrines, Obscene Publications,
Any race held on the same day and at the and Exhibitions (Art. 201 amended by PD
same place shall be considered as a separate 960 and 969)
offense and if committed by a corporation,
partnership, or association, the president and Persons liable:
directors or managers thereof who consented a. Those who publicly expound or proclaim
to or tolerated the commission are deemed doctrines openly contrary to public morals;
principals. b. Authors of obscene literature published
with their consent and editors publishing them;
Definition of Terms Under PD 483 c. Those who exhibit indecent or immoral
a) Betting – betting money of any object or plays, scenes, acts or shows in theaters, fairs,
article of value or representative of value upon or other public places; and
the result of any game and other sports d. Those who sell, give away or exhibit
contest. prints, engravings, sculptures or literatures
b) Game Fixing – any arrangement, offensive to morals
combination, scheme or agreement by which
the result of any game, races or sports Who are Vagrants? (Art. 202)
contests shall be predicted and/or known other a. One, having no apparent means of
on the basis of the honest playing skill or ability subsistence, who has the physical ability to

18
work, neglects to apply himself or herself to interpretation or is a clear incontrovertible and
some lawful calling. notorious violation of the legal precept. It must
b. One, found loitering about public or semi- be patently contrary to law if rendered due to
public building or places, or tramping or ignorance or inexcusable negligence,
wondering about the country or streets without
visible means of support; Unjust Interlocutory Order (Art. 206)
c. Any idle or dissolute person who lodges in The offense may be committed by a judge
house of ill fame; ruffians or pimps and those in two ways
who habitually associate with prostitutes. a. By knowingly rendering an unjust
d. One, not included within any other articles interlocutory order, or
of the Code shall be found loitering in any b. rendering manifestly unjust interlocutory
inhabited or uninhabited place belonging to order by inexcusable negligence or ignorance.
another without any lawful or justifiable Where the offense is committed by culpa the
purpose penalty I suspension only.

With the passage of Republic Act No. 10158 BRIBERY

in the above provisions on vagrancy were
repealed or deleted resulting the Kinds of bribery
decriminalization of vagrancy, 1. Direct Bribery (Art. 210)
Notwithstanding, provisions on prostitution 2. Indirect Bribery (Art. 211)
were maintained and thus it remains a criminal
offense. Direct Bribery (Art. 210)

Can a virgin be a prostitute? Persons liable:

a. Public officers
Prostitute is a woman when she b. Assessors, arbitrators, appraisal and
a. habitually indulges in sexual intercourse claim commissioners, experts or any other
or lascivious conduct; and person performing public duties.
b. for profit or money.
Kinds of Direct Bribery:
CRIMES COMMITTED BY PUBLIC a. Agreeing to perform or performing an act
OFFICERS pertaining to the duties of the office which
constitute a crime
Who are Public Officers (Art. 203) b. Accepting a gift in consideration of the
Any person who by direct provision of law, execution of an act which does not constitute a
popular elections or appointment by competent crime or
authority, shall take part in the performance of c. Abstaining from the performance of
public function in the government of the official duties
Philippines, or shall perform in said
government or in any of its branches, public Elements of Direct Bribery
duties as an employee, agent or subordinate a. The offender is a public officer as defined
official, of any rank or class, shall be deemed to in Art. 203
be a public officer b. He receives personally or thru another,
gifts or presents or accepted offers or promises
DERELICTION OF DUTY c. For the purpose of committing any of the
acts mentioned in para 3
Knowingly Rendering Unjust Judgment
(Art. 204) its elements It is sufficient, in order that person may be
a. The offender is a judge held guilty under this article, that the public
b. He renders a judgment in a case officer agreed to perform an act in the
submitted to him for decision performance of his official duties.
c. Said judgment is unjust; and
d. He knows that said judgment is unjust Essential elements of crime of corruption of
public official by means of bribery
Judgment Rendered Through Negligence penalized in 2nd para of Art. 210.
(Art. 205) its elements a. Persons receiving the bribe shall be a
a. The offender is a judge public officer as defined in Art. 203
b. He renders a judgment in a case b. That said officer shall actually received
submitted to him for decision whether personally by another, gifts or
c. Said judgment is manifestly unjust; and presents, or accepted offers or promises.
d. It was committed thru inexcusable c. That such reception or acceptance shall
negligence have been for the purpose of executing an act,
which may or may not be accomplished, but
”Manifestly unjust judgment” is a judgment not constituting a crime, and
which cannot be explained with reasonable

19
 d. That the person offering the gift or transaction of exchange or speculation, and
making the promises shall be a private c. Within the territory of this jurisdiction
individual
MALVERSATION OF PUBLIC FUNDS AND
In order to convict a person of bribery, it is PROPERTY
necessary to prove that he received money or
other article of value and, having received it, What are the crimes called Malversation of
agreed to do an unlawful act, or that he did public funds and property?
agree to commit unlawful act in consideration 1. Malversation by appropriating,
of the promise or offer. misappropriating of permitting other
persons to take public funds or
The act agreed upon to be performed or property (Art. 217)
committed must pertain to the discharge of 2. Failure of accountable officer to render
official duties otherwise estafa and not bribery accounts (Art. 218)
will be committed. 3. Failure of responsible public officer to
render accounts before leaving the
Indirect Bribery (Art. 211) country (Art. 219)
It is committed upon acceptance by the 4. Illegal use public funds or property
public officer of gifts offered to him by reason of (Art. 220)
his office. The gift is made to anticipate a favor 5. Failure to make delivery of public funds
from the public officer in connection with his or property (Art. 221)
official duties or to reward past favors in
connection with official duties. Malversation by appropriating,
misappropriating of permitting other
Corruption of Public Officials (Art. 212) persons to take public funds or property
The person giving the gift or making the (Art. 217)
offer or promise in direct and indirect bribery
commits this felony. Any public officer who, by reason of the
duties of his office, is accountable for public
FRAUDS AND ILLEGAL EXACTIONS AND funds or property, shall appropriate the same,
TRANSACTIONS or shall take or misappropriate the same, or
shall take or misappropriate or shall consent,
Frauds Against the Public Treasury and or through abandonment or negligence, shall
Similar Offenses (Art. 213) permit any other person to take such public
funds or property, wholly or partially, or shall
Acts Punished otherwise be guilty of the misappropriation or
a. Frauds committed by a public officer, who malversation of such funds or property.
is his official capacity, enters into an
agreement with a person to defraud the
government regarding (1) furnishing of What is embezzlement?
supplies (2) making of contracts or (3)
settlement of accounts relating to public Malversation is otherwise called
property or funds. embezzlement. Note the word “embezzled” in
b. Illegal exactions committed by a public the phrase “or equal to the total value of the
officer in charge of the collection of taxes, property embezzled” next to the last of Art.
licenses, fees and other imposts by (1) 217.
demanding an amount different or larger than
that due (2) failing to issue receipt for money Acts punishable in malversation
collected or (3) collecting as payment objects 1. By appropriating public funds or property
of a nature different from that provided for by 2. By taking or misappropriating the same
law 3. By consenting or through abandonment
or negligence, by permitting any other person
Other Frauds (Art. 214) to take such public funds or property
The public officer who by taking advantage 4. By being otherwise guilty of the
of his official position commits any of the misappropriation or malversation of such funds
estafas or deceits embraced in Chapter VI, or property.
Title X Book 2 suffers the additional penalty
imposed by this article. Elements common to all acts of
malversation under Art. 217
Prohibited Transactions (Art. 215) a. That the offender is a public officer
b. That he had the custody or control of
Elements funds or property by reason of the duties of his
a. Offender is an appointive public officer office.
b. During his incumbency, he becomes c. That those funds or property were public
interested, directly or indirectly, in any funds or property for which he was accountable

20
 d. That he appropriated, took, the crime
misappropriated or consented or, through c. In illegal use, the public funds or property
abandonment or negligence, permitted another is applied to another public use; in
person to take them. malversation, the public fund or property is
applied to the personal use and benefit of the
Failure of accountable officer to render offender or another person.
accounts (Art. 218)
a. That the offender is a public officer, Failure to make delivery of public fund or
whether in the service or separated therefrom property (Art. 221)
b. That he must be an accountable officer
for public funds or property Acts punishable:
c. That he is required by law or regulation to a. By failing to make payment by a public
render accounts to the Commission on Audit, officer who is under obligation to make such
to the provincial auditor payment from government funds in his
d. That he fails to do so for a period of two possession;
months after such accounts should be b. By refusing to make delivery by a public
rendered. officer who has been ordered by competent
authority to deliver any property in his custody
Art. 218 does not require that there be a or under his administration.
demand by the Commission on Audit or
Provincial Auditor that the public officer should Elements to make payment:
render an account. It is sufficient that there is a a. That the public officer has government
law or regulation requiring him to render an funds in his possession
account. b. That he is under obligation to make
Misappropriation is not necessary and in payments from such funds;
case there is misappropriation he would be c. That he failed to make such payment
liable for malversation under Art. 217. maliciously.

Failure of accountable officer to render Private individual who may be liable from
accounts before leaving the country (Art. Arts 217 to 221 (Art. 222)
219) a. Private individual, who, in any capacity
whatever, have charge of any national,
Elements: provincial, or municipal funds, revenue, or
a. That the offender is a public officer; property.
b. That he must be an accountable officer b. Administrator or depository of funds or
for public funds or property property attached, seized or deposited by
c. That he must have unlawfully left (or be public authority, even if such property belongs
on the point of leaving) the Philippines without to a private individual
securing from the Commission on Audit a
certificate showing that his accounts has been Purpose of the Art. 222 is to extend the
fully settled. provisions of the code on malversation to
That act of leaving the country must be private individuals.
unauthorized or not permitted by law.
INFIDELITY OF PUBLIC OFFICERS
Illegal use of public funds and property
(Art. 220) What are the crimes classified under
infidelity of public officers?
Elements: a. Infidelity in the custody of prisoners (Art.
a. That the offender is a public officer; 223 & 224
b. That there is public funds or property b. Infidelity in the custody of documents
under his administration (Art. 226 to 228)
c. That such public funds or property has c. Revelation of secrets (Arts 229 and 230)
bee appropriated by law or ordinance.
d. That he applies the same to a public use What are the crimes under infidelity in the
other than that for which such fund or property custody of prisoners?
has been appropriated by law or ordinance. a. Conniving with or consenting to evasion
(Art. 223)
Distinction between malversation and b. Evasion through negligence (Art. 224)
illegal use of funds and property c. Escape of prisoner under the custody of a
a. The offenders are accountable public person not a public officer (Arts 225)
officer in both crimes;
b. The offender in illegal use of public funds Conniving with or consenting to evasion
or property does not derive any personal gain (Art. 223)
or profit whereas in malversation, the offender
in certain cases profits from the proceeds of Elements:

21
 a. That the offender is a public officer
b. That he had in his custody or charge a Maltreatment of prisoners (Art. 235)
prisoner, either detention prisoner or prisoner
by final judgment Elements
c. That such prisoner escaped from his a. That the offender is a public officer or
custody employee
d. That he was in connivance with the b. That he has under his charge a prisoner
prisoner in the latter’s escape. or detention prisoner
c. That he maltreats such prisoner in either
Act constituting the crime; of the following manners;
1. By overdoing himself in the correction or
Art. 223 punishes any public officer who handling of a prisoner under his charge, either
shall consent to the escape of a prisoner in his 1.1. by the imposition of punishments not
custody or charge. Connivance with the authorized by the regulation or
prisoner (agreement between the prisoner and 1.2. by inflicting such punishment in a
the public officer) in his escape is an cruel of humiliating manner
indispensable element of the offense. 2. By maltreating such prisoner to extort a
confession or to obtain information from the
Who are the prisoners involved prisoner
a. The fugitive who has been sentenced by
final judgment to any penalty OTHER OFFENSES AND IRREGULARITIES
b. The fugitive is held only as detention OF PUBLIC OFFICERS
prisoner for any crime or violation of law or
municipal ordinance. Abuses against chastity(Art. 245)

Evasion thru negligence (Art. 224) Elements:

a. That the offender is a public officer
Elements b. That he solicits or makes immoral or
a. That the offender is a public officer indecent advances to a woman
b. That he is charged with the conveyance c. That such woman must be
or custody of a prisoner, either detention 1. interested in matters pending before
prisoner or prisoner by final judgment the offender for decision, or with respect to
c. That such prisoner escapes through his which he is required to submit a report to or
negligence. consult with a superior officer
The fact that the public officer recaptured the 2. under the custody of the offender who
prisoner who had escaped from his custody is a warden or other public officer directly
does not afford complete exculpation. charged with care and custody of prisoners or
persons under arrest.
Escape of prisoner under the custody of a 3. The wife, daughter, sister or relatives
person not a public officer (Art. 225) within the same degree by affinity of the person
in the custody of the offender.
Elements
a. That the offender is a private person CRIMES AGAINST PERSONS
b. That the conveyance or custody of a DESTRUCTION OF LIFE
prisoner or person under arrest is confided to
him. Parricide (Art. 246)
c. That the prisoner or person under arrest
escapes Elements
d. That the offender consents to the escape a. That a person is killed
of the prisoner or person under arrest, or that b. That the deceased is killed by the
the escape takes place through his negligence. accused
c. That the deceased is the father, mother,
Infidelity in the custody of documents (Art. or child, whether legitimate or illegitimate, or a
226-228) legitimate other ascendant or other
descendant, or the legitimate spouse of the
Elements accused.
a. That the offender is a public officer
b. That he abstracts, destroys, or conceals What is the essential element of parricide?
a document or papers Relationship of the offender with the victim
c. That the said documents or papers is the essential element of this crime.
should have been entrusted to such public
officer by reason of his office. The child should not be less than three days
d. That damage, whether serious or not, to old
a third party or to public interest should have If the child killed by his parent is less than
been caused. three (3) days old, the crime committed is

22
infanticide
This article does not define, for if the killing
Only relatives by blood and in direct line, of, or the inflicting of the serious physical
except spouse, are considered in parricide. injuries on, the spouse and/or the paramour is
done under the circumstances mentioned in
Note that Art. 246 mentions, “father, mother this article, the accused shall be sentenced to
or child” the first two being the ascendants of destierro, instead of server penalty for
the latter and the latter being the descendant of parricide, homicide, or serious physical injuries
the former, “whether legitimate or illegitimate”. provided for in Arts. 246, 249, or 263)
Only relatives by blood may be legitimate or
illegitimate. What is the justification for Art. 247?
Therefore an adopted father or adopted
son, or father-in-law or son-in-law is not The law, when the circumstances provided
included in this provision for parricide. by this article are present, considers the
Brothers and sisters, as well as uncles and spouse or parent as acting in a justified burst of
nephews, are also excluded because they are passion. (People vs. Gonzales, 69 Phil. 65)
relatives in the collateral line. Father-in-law and
son-in-law are relatives by fiction of law, not by In what cases is a person who committed
blood. parricide not to be punished with reclusion
perpetua?
Killing illegitimate spouse and illegitimate
daughter. 1. When parricide is committed through
The accused killed the woman with whom negligence (Art. 365)
he lived martially and their daughter. It was 2. When it is committed by mistake (Art.
held that there being no clear evidence of 249)
marriage between the accused and the 3. When it is committed under exceptional
woman, he was liable for homicide only and for circumstances (Art. 247).
parricide for killing his daughter.(People vs.
Berang, 69 Phil. 83) Murder (Art. 248)

Parricide through reckless imprudence. Murder is the unlawful killing of any person
The husband who while struggling for the which is not parricide, or infanticide, provided
possession of the gun with his children, without that any of the following circumstances is
intent to kill anyone, pulled the trigger of the present:
gun which exploded and hit his wife who was 1. With treachery, taking advantage of
approaching them, is guilty of parricide through superior strength, with the aid of armed
reckless imprudence. (People vs. Recote, 96 men, or employing means to weaken
Phil. 980) the defense , or of means or persons to
What is the liability of a stranger insure or afford impunity.
cooperating in parricide? 2. In consideration of a price, reward or
promise.
A stranger who cooperates and takes part 3. By means of inundation, fire, poison,
in the commission of the crime of parricide, is explosion, shipwreck, stranding of a
not guilty of parricide but only homicide or vessel, derailment of or assault upon a
murder, as the case may be. (People vs. street car or locomotive, fall of an
Patricio, 46 Phil. 875; People vs. Echaluce, 66 airship, by means of motor vehicles, or
SCRA 2221) with the use of any other means
involving great waste and ruin.
Death or physical injuries inflicted under 4. On the occasion of any of the calamities
exceptional circumstances (Art. 247) enumerated in the preceding
paragraph, or of an earthquake,
Requisites for the application of Art. 247 eruption of a volcano, destructive
a. That a legally married person or a parent cyclone epidemic, or any public
surprises his spouse or his daughter, the latter calamity.
under 18 years of age and living with him, in
the act of committing sexual intercourse with Elements of murder:
another person.
b. That he or she kills any or both of them or 1. That a person is killed
inflicts upon any or both of them any serious 2. That the accused killed him.
physical injury in the act or immediately 3. That the killing was attended by any of
thereafter. the qualifying circumstances mentioned
c. That he has not promoted or facilitated in Art. 248.
the prostitution of his wife or daughter, or that 4. The killing is not parricide or infanticide.
he or she has not consented to the infidelity of
the other spouse. Homicide (Art. 249)

23
Homicide defined. 1. That there is a tumultuous affray as
Homicide is the unlawful killing of any referred to in the preceding article.
person, which is neither parricide, murder nor 2. That a participant or some participants
infanticide. thereof suffer serious physical injuries,
or physical injuries of a less nature only.
Elements: 3. That the person responsible therefor
cannot be identified .
1. That a person was killed. 4. That all those who appear to have used
2. That the accused killed him without any violence upon the person or the
justifying circumstances. offended party are known.
3. That the accused had the intention to
kill, which presumed. Giving assistance to suicide (Art. 253)
4. That the killing was not attended by any
of the qualifying circumstances of Acts punishable as giving assistance to
murder, or by that of parricide or suicide.
infanticide.
1. By assisting another to commit suicide,
Intent to kill is conclusively presumed when whether the suicide is consummated or
death resulted. not.
Evidence of intent to kill is important only in 2. By lending his assistance to another to
attempted and frustrated homicide. commit suicide to the extent of doing
the killing himself.
The killing must not be justified.
If the accused killed the deceased in self Assistance to suicide is different from
defense, defense or a relative, defense of a mercy killing.
stranger or under any of the justifying
circumstances (Art. 11), the accused is not Euthanasia commonly known as mercy
liable for homicide or any other crime. killing is the practice of painlessly putting to
death a person suffering from some incurable
Death caused in tumultuous affray(Art. 251) disease.
Euthanasia is not lending assistance to
Elements: suicide. In euthanasia, the person killed does
not want to die. A doctor who resorts to mercy
1. That there be several persons. killing of his patient may be liable for murder.
2. That they did not compose groups
organized for the common purpose of Discharge of firearms (Art. 254)
assaulting and attacking each other
reciprocally. Elements:
3. That these several persons quarreled
and assaulted one another in a 1. That the offender discharges a firearm
confused and tumultuous manner against or at another person.
4. That someone was killed in the course 2. That the offender has no intention to kill
of the affray. that person.
5. That it cannot be ascertained who
actually killed the deceased. If in the illegal discharge of firearm the
6. That the person or persons who offended party is hit and wounded, there is a
inflicted serious physical injuries or complex crime of discharge of firearm with
who use violence can be identified. physical injuries when the physical injuries are
serious or less serious.
Who are liable for death in a tumultuous
affray? Infanticide (Art. 255)

1. The person or persons who inflicted the Infanticide, defined.

serious physical injuries are liable
2. If it is not known who inflicted the Infanticide may be defined as the killing of
serious physical injuries on the any child less than three days of age, whether
deceased, all the persons who used the killer is the parent or grandparents, any
violence upon the person of the victim other relative of the child, or a stranger.
are liable, but with lesser liability.
Elements of infanticide.
Physical injuries inflicted in a tumultuous
affray (Art. 252) 1. That a child was killed.
2. That the deceased child was less than
Elements: three days (72 hours) of age.

24
 3. That the accused killed the said child. 259)

A stranger cooperating with the mother in Elements:

killing a child less than three days old is guilty
of infanticide but the penalty is that for murder. 1. That there is a pregnant woman who
has suffered an abortion
Intentional abortion (Art. 256) 2. That the abortion is intended.
3. That the offender, who must be a
Abortion, defined. physician, or midwife, causes or assists
in causing the abortion.
It is the willful killing of the fetus in the 4. That said physician or midwife takes
uterus, or the violent expulsion of the fetus advantage of his or her scientific
from the maternal womb which results in the knowledge or skill.
death of the fetus.
As to pharmacists, the elements are;
Under the Revised Penal Code, abortion
ordinarily means the expulsion of the fetus 1. That the offender is a pharmacist
before the sixth month or before the term of its 2. That there is no proper prescription
viability, that is, capable of sustaining life. from a physician.
3. That the offender dispenses any
Ways of committing intentional abortion: abortive.

1. By using any violence upon the person Republic Act No. 4729 which was approved
of the pregnant woman. June 18, 1966, regulates the sale,
2. By acting, but without using violence, dispensation, and/or distribution of
without the consent of the woman. (By contraceptive drugs and devices.
administering drugs or beverages upon
such pregnant woman without her Duel, defined (Art. 260)
consent.)
3. By acting (by administering drugs or It is a formal or regular combat previously
beverages), with the consent of the concerted between two parties in the presence
pregnant woman. of two or more seconds of lawful age on each
side, who make the selection of arms and fix all
Elements of intentional abortion. the other conditions of the fight.

1. That there is a pregnant woman;

2. That the violence is exerted, or drugs or Acts punished in duel.
beverages administered, or that the
accused otherwise acts upon such 1. By killing one’s adversary in a duel.
pregnant woman; 2. By inflicting upon such adversary
3. That as a result of the use of violence or physical injuries.
drugs or beverages upon her, or any 3. By making a combat although no
other act of the accused, the fetus dies, physical injuries have been inflicted.
either in the womb of after having been
expelled therefrom; Who are liable in a duel?
4. That the abortion is intended.
1. The person killed or inflicted physical
Abortion practiced by the woman herself or injuries upon his adversary, or both
by her parents (Art. 258) combatants in any other case as
principals.
Elements: 2. The seconds, as accomplices.

1. That there is a pregnant woman who Challenging to a duel (Art. 261)

has suffered an abortion.
2. That the abortion is intended Acts punished under Art. 261.
3. That the abortion is caused by –
a. the pregnant woman herself; 1. By challenging another to a duel.
b. any other person, with her consent; 2. By inciting another to give or accept a
or challenge to duel.
c. any of her parents, with her consent 3. By scoffing at or decrying another
for the purpose of concealing her publicly for having refused to accept a
dishonor. challenge to fight a duel.

Abortion practiced by a physician or Persons liable under Art. 261.

midwife and dispensing of abortive (Art.

25
 1. Challenger; and
2. Instigators. They are:
1. When the injure person becomes
What are the crimes of physical injuries? insane, imbecile, impotent, or blind, in
consequence of the physical injuries
1. Mutilation (Art. 262) inflicted.
2. Serious physical injuries (Art. 263) 2. When the injure person a) loses the use
3. Administering injurious substance or of speech or the power to hear or to
beverages (Art. 264) smell, or loses an eye, a hand, a foot,
4. Less serious physical injuries (Art. 265) an arm, or a leg, or b) loses the use of
5. Slight physical injuries (Art. 266) any such member, or c) becomes
incapacitated for the work in which he
Mutilation defined. was theretofore habitually engaged, in
consequence of the physical injuries
It means the lopping or the clipping off of inflicted.
some part of the body. 3. When the person injured a) becomes
deformed, or b) loses any other
Two kinds of mutilation. member of his body, c) or loses the use
thereof, or d) becomes ill or
1. By intentionally mutilating another by incapacitated for the performance of the
depriving him, either totally or partially, work in which he was habitually
of some essential organ for engaged for more than 90 days, in
reproduction. consequence of the physical injuries
2. By intentionally making other mutilation, inflicted.
that is, by lopping or clipping off any 4. When the injured person becomes ill or
part of the body of the offended party, incapacitated for labor for more than 30
other than the essential organ for days, (but must not be more than 90
reproduction, to deprive his of that part days), as a result of the physical injuries
of his body. inflicted.

Elements of mutilation of the first kind. There must be no intent to kill.

1. That there be castration, that is, If there was intent to kill when the offender
mutilation of organs necessary for inflicted any of the serious physical injuries
generation, such as the penis or described in this article, the crime would be
ovarium. attempted o frustrated murder, parricide or
2. That the mutilation is caused purposely homicide. As the case may be.
and deliberately, that is to deprive the Physical injuries, distinguished from
offended party of some essential organ attempted or frustrated homicide.
for reproduction.
1. In both crimes, the offender inflicts
The offender must have the intention to deprive physical injuries. Attempted homicide
the offended party of a part of his body. may be committed even if no physical
injuries are inflicted.
If the mutilation is not caused purposely and 2. While in the crime of physical injuries,
deliberately so as to deprive the offended party the offender has no intent to kill the
of a particular part of his body, the case will be offended party; in attempted of
considered as physical injuries falling under frustrated homicide, the offender has an
Art. 263 par. 1 (offended party becoming intent to kill the offended party.
impotent) or par. 2 (loss of hand, foot, armor
leg), as the case may be. It is serious physical injury when the offended
party becomes deformed.
Serious physical injuries, (Art. 263)
Deformity defined.
How is the crime of serious physical
injuries committed? By deformity is meant physical ugliness,
permanent and definite abnormality. It must be
It is committed – conspicuous and visible.
1. by wounding
2. by beating, or Ordinary physical injuries, distinguished
3. by assaulting, (Art. 262), or from mutilation.
4. by administering injurious substance
(Art. 264) The mutilation must have been caused
purposely and deliberately to lop or clip off
What are serious physical injuries? some part of the body so as to deprive the

26
offended party of such part of the body.; this CRIMES AGAINST LIBERTY AND
special intention is not present in the other SECURITY
kinds of physical injuries.
What are the crimes classified as illegal
Administering injuries substances or detention?
beverages (Art. 264)
1. Kidnapping and serious illegal
Elements: detention (Art. 267
2. Slight illegal detention (Art. 268)
1. That the offender inflicted upon another 3. Unlawful arrest (Art. 269)
any serious physical injury.
2. That it was done by knowingly Kidnapping and Serious Illegal Detention
administering to him any injurious (Art. 267)
substances or beverages or by taking
advantage of his weakness of mind or Elements:
credibility. 1. That a person has been kidnapped or
3. That he had no intent to kill. detained or in any other manner deprived of his
liberty;
It is frustrated murder when there is intent to 2. That the offender be a private individual;
kill. and
If the offender had any intention to kill, the 3. That the detention be unlawful.
crime would be frustrated murder, the injurious 4. That in the commission of the offense,
substance to be considered as poison. any of the following circumstances is present;
a. That the kidnapping or detention lasts
If the accused did not know of the injurious for more than 5 days; or
nature of the substance he administered, he is b. That it is committed simulating public
not liable under this article. authority; or
c. That any serious physical injuries are
Less serious physical injuries (Art. 265) inflicted upon the person kidnapped
or detained or threats to kill him are
Matters to be noted in the crime of less made; or
serious physical injuries. d. That the person kidnapped or
detained is a minor, female, or a
1. That the offended party is incapacitated public officer. (Republic Act. No.
for labor for ten days or more (but not 1084 amending Art. 267 RPC)
more than 30 days), or needs medical
attendance for the same period of time. Note: Intention to deprive the victim of his
2. That the physical injuries must not be liberty or purpose of extorting ransom on the
those described in the preceding part of the accused is essential in the crime of
articles. kidnapping
Thus, If the incapacity is more than 30
days or the illness lasts for more than What is the distinction between Illegal
30 days, it is serious physical injury. Detention and Arbitrary Detention?

Slight physical injuries, (Art. 266) Illegal detention is committed by a private

individual who kidnaps, detains, or otherwise
Three kinds of slight physical injuries: deprives another of his liberty while Arbitrary
Detention is committed by public officers who
1. Physical injuries which incapacitated detains a person without legal grounds.
the offended party for labor from one
(1) to nine (9) days, or required medical What are the circumstances that make
attendance during the same period. illegal detention serious?
2. Physical injuries which did not prevent
the offended party from engaging in his a. If the kidnapping or detention shall have
habitual work or which did not require lasted more than 5 days;
medical attendance. b. If it shall have been committed by
3. Ill treatment of another by deed without simulating public authority;
causing any injury. c. If serious injuries shall have been inflicted
on the victim or if threats to kill shall have been
Slapping on the face of the offended made; and
party without causing a dishonor is an d. If the victim is a minor, female or a public
example of slight physical injury by ill officer.
treatment. Capital punishment will be imposed if the
kidnapping or detention is committed for the
purpose of extorting ransom from the victim or

27
from some other persons. Kidnapping and Failure to Return a Minor
There can be no unlawful detention without (Art. 270)
confinement or restraint of person. The
essential element is the deprivation of the Elements:
offended party’s liberty under any of the four a. The offender is entrusted with the
circumstances enumerated in Art. 267. custody of a minor; and
As long as the element of restraint is b. The offender deliberately fails to restore
present there is kidnapping and this need not the minor to his parents or guardian.
be permanent. If any of the foregoing elements is absent,
the kidnapping of the minor will fall under Art.
Slight Illegal Detention (Art. 268) 267.
The refusal must be deliberate and
Elements: persistent to oblige the parents or the guardian
This felony is committed if any of the four to seek the aid of the courts to obtain the
circumstances in the commission of custody of the minor who is understood to be
kidnapping or detention enumerated in Art. 267 under 21 years old.
is not present.
The penalty corresponding to that of the Inducing a Minor to Abandon His Home
principal will be imposed upon an accomplice (Art. 271)
who cooperates by furnishing the place for the The felony is committed by anyone who
perpetration of the crime. shall induce a minor to abandon the house of
his parents or guardian or the persons
The penalty is lowered if: entrusted with his custody.
a. the offended party is voluntarily released This article is intended to discourage and
within 3 days; prevent the disruption of filial relationships and
b. without attaining the purpose; and undue interference with the parent’s right and
c. before the institution of the criminal duty to the custody of their minor children and
action. to rear them.
Voluntary release is not mitigating if the The mere commission of any act which
provisions of Article 267 has been violated. tends to influence, persuade or prevail on a
minor to abandon his home what constitute a
Unlawful Arrest (Art. 269) crime. The effect on the minor is immaterial.

This felony consists in making an arrest or “Shall induce a minor to abandon the home”
detention without legal or reasonable grounds
for the purpose of delivering the offended party What constitute the crime is the act of
to the proper authorities. inducing a minor to abandon his home or the
If the person arrested is not delivered to the home of his guardian, and that it is not
proper authorities, the private individual necessary that the minor actually abandon his
making the arrest incurs criminal liability for home.
Illegal Detention (Arts. 267-268).
Father or mother may commit crimes under
If the offender is a public officer, the crime is Arts. 270 and 271.
arbitrary detention.
Under Art. 271, where the father and
If the detention or arrest is for a legal ground mother are living separately, and the custody
but the public officer delays in the delivery of of their minor child having been given to one of
the person arrested to the proper judicial them, the other parent who kidnaps such minor
authorities Art. 125 will apply. child from one having the lawful custody of said
child or induces such minor to leave his home
Unlawful arrest as distinguished from is liable.
arbitrary detention under Art. 125.
SLAVERY (Art. 272)
1. In the crime of delay in the delivery of
detained persons to the proper judicial This act is committed by anyone who shall
authority (Art. 125), the detention is for purchase, kidnap, or detains a human being for
some legal grounds; in unlawful arrest, the purpose of enslaving him.
the detention is not authorized by law. The penalty is increased if the purpose of
2. Under Art. 125, the crime is committed the offender is to assign the offended party to
by failing to deliver the detained person some immoral traffic.
to the proper judicial authority within the This is distinguished from illegal detention
certain period of time required by law; in by the purpose. If the purpose of kidnapping or
unlawful arrest, it is committed by detention is to enslave the offended party
making an arrest not authorized by law. slavery is committed.

28
Exploitation and child labor (art. 273) any aid in case of danger.

Elements: Elements:
a. The offender retains in his service a
minor against his will; and 1. That the offender has the custody of a
b. Offender does so under the pretext of child.
reimbursing himself of a debt incurred by the 2. That the child is under seven years of
ascendants or guardian of said minor or by age.
said person entrusted with his custody. 3. That he abandons such child.
If the abovementioned is not the purpose of 4. That he has no intent to kill the child
the offender coercion is committed. when the latter is abandoned.

Services rendered under compulsion in Exploitation of Minor Art. 278

payment of debts (Art. 274)
Acts Punished:
Elements: a. Causing any minor under 16 years of age
a. The offender is a creditor of the offended to perform any dangerous feat of balancing,
party; physical strength or contortion ;
b. He compels the offended party to work b. Employment by a person who is an
for him, against his will as a household servant acrobat, gymnast, rope walker, wild animal
farm laborer; and trainer, or circus manager, or other person
c. The purpose of the offender is to require engaged in similar calling, of children under 12
or to enforce payment of a debt. years of age or descendants under 16 years of
If there is no relationship of creditor and age who are not his children.
debtor between the offender and offended c. Employment by such person of any
party, coercion is committed. descendants of his under 12 years of age in
such dangerous exhibitions;
CRIMES AGAINST SECUIRTY d. Delivery by any ascendant, guardian,
teacher, or persons entrusted with the care of
Abandonment of Person in Danger and any child under 16 years old gratuitously to
Abandonment of One’s Own Victim(Art. any of the persons mentioned in para a.
275) Under Art. 59 para 7 PD 603 provides that
parent who improperly exploit the child by
Acts Punished: using him, directly or indirectly for the purpose
a. The failure to render assistance to any of begging and other acts inimical to his
person found wounded or dying in an interest and welfare.
uninhabited place;
b. The failure to succor or render assistance Qualified trespass to dwelling (Art. 280)
to one’s own victim; and
c. Having found an abandoned child under Elements:
7 years of age, and failure to deliver said child
to the authorities or to the family, or to take him 1. That the offender is a private person.
to a safe place. 2. That he enters the dwelling of another.
3. That such entrance is against the
Under the first act, the offender is liable only latter’s will.
when he can render such assistance without If the offense is committed by means of
detriment to himself, unless such omission violence or intimidation, the penalty is higher.
shall constitute a more serious offense.
The second act will not apply if the injury is Dwelling place, defined.
inflicted by the offender is intentional.
It means any building or structure
Abandoning a minor (Art. 276) exclusively devoted for rest and comfort, as
distinguished from places devoted to business,
This is committed by anyone who shall; offices, etc.
a. abandon a child under 7 years of age
b. the custody of whom is incumbent upon To commit trespass, the entrance by the
him. accused should be against the presumed or
The penalty is aggravated if by reason of express prohibition of the occupant, and the
such abandonment the life of the minor shall lack of permission should not be confused with
have been in danger. prohibition.
The penalty is higher when the death of the
minor resulted from such abandonment. If the purpose of entry is not shown it is
In this felony there must be an interruption trespass. If the purpose is shown, it may be
or cessation of the care and protection over the absorbed in the crime eg. Robbery with force
minor in such a way as to render impossible upon things.

29
 If trespass is yielding to a more serious b. searching papers or effects found in such
crimes, the dwelling becomes an aggravating dwelling without the previous consent of the
circumstances. owner thereof; and
c. refusing the leave the dwelling when so
What is the meaning of “Against the Will”? requested by the owner thereof, after having
surreptitiously entered such dwelling.
It means that the entrance is either
expressly of impliedly prohibited or the Cases to which the provisions of this article
prohibition is presumed. are not applicable:

If the offender enters with permission but 1. If the entrance to another’s dwelling is
refuses to leave despite the demands of the made for the purpose of preventing
owner, trespass to dwelling is committed. some serious harm to himself, the
occupants or the dwelling or a third
What is intended to be protected and person.
preserved by the law in punishing trespass is 2. If the purpose is to render some service
privacy of one’s dwelling. to humanity or justice
3. If the place where entrance is made is a
Trespass by means of violence: café, tavern, inn and other public
houses, while the same are open.
1. Pushing the door violently and
maltreating the occupants after Other forms of trespass (Art. 281)
entering.
2. Cutting of a ribbon or string with which Elements:
the door latch of a closed room was
fastened. The cutting of fastenings of 1. That the offender enters the closed
the door was an act of violence. premises or the fenced estate of
3. Wounding by means of a bolo the another.
owner of the house immediately after 2. That the entrance is made while either
entrance. of them is uninhabited.
3. That the prohibition to enter is manifest.
4. That the trespasser has not secured the
permission of the owner or the
caretaker thereof
Trespass by intimidation:
Distinguished from trespass to dwelling.
1. Firing a revolver in the air by person
attempting to force their way into the 1. In trespass to dwelling, the offender is a
house. private person; in other forms of
2. The flourishing of a bolo against trespass, the offender is any person.
inmates of the house upon gaining 2. In the first, the offender enters a
entrance. dwelling house; in the second, the
Note: The violence or intimidation may take offender enters closed premises or
place immediately after the entrance. fenced estate.
3. In the first, the placed entered is
Can trespass to dwelling be committed by inhabited; in the second, the place
the owner of the house? entered is uninhabited.
4. In the first, the act constituting the crime
Trespass may be committed by the owner of a is entering the dwelling against the will
dwelling. of the owner; in the second, it is
entering the closed premises or fenced
Thus, even supposing that the house estate without securing the permission
belonged to the accused, that fact alone did not of the owner or caretaker thereof.
authorized him to do anything or enter the 5. In the first, the prohibition to enter is
house against the will of the actual occupant. express or implied; in the second, the
He could have invoked the aid of the court for prohibition to enter must be manifest.
the exercise or protection of his proprietary
rights. (People vs. Almeda, et al 75 Phil. 476) Presidential Decree No. 772 penalizes
squatting and other similar acts.
Distinction between Violation of Domicile
Violation of domicile can be committed only Grave threat (art. 282)
by a public officer or employee and the
violation may consist of What is a threat?
a. entering the dwelling against the will of the It is a declaration of an intention or
owner without judicial order; determination to injure another by the

30
commission upon his person, honor, or purpose.
property or upon that of his family, of some
wrong which may or may not amount to a Other light threats (Art. 285)
crime. When the wrong to be inflicted amount Acts punished
to a crime, the case falls under Art. 282 and is a. Threatening another with a weapon or
punished as grave threats. If it does not drawing such weapon during a quarrel, except
amount to a crime the case falls under Art. 283 in lawful self defense
and is punished as light threats. b. Orally threatening another in the heat of
anger with some harm constituting a crime and
Elements of grave threats where offender who by subsequent acts shows that he did not
attained his purpose: persist in the idea involved in the threat,
provided the circumstances will not fall under
1. That the offender threatens another Art. 282
person with the infliction upon the c. Orally threatening another with any harm
latter’s person, honor, or property, or not constituting a felony.
upon that of the latter’s family, of any
wrong. Grave coercion, (Art. 286)
2. That such wrong amounts to crime.
3. That there is a demand for money or Elements:
that any other conditions is imposed, a. That a person be prevented by another
even though not unlawful. from doing something not prohibited by law or
4. That the offender attains his purpose. compelled to do something against his will, be
it right or wrong;
Elements of grave threats not subject to a b. That the prevention or compulsion be
condition: effected by violence, either by material force or
such a display of force as would produce
1. That the offender threatens another intimidation and control the will and liberty of
person with the infliction upon the another
latter’s person, honor, or property, or c. That the person who restrained the will
upon that of latter’s family, of any and liberty of another had not the right to do so,
wrong. that it is done under authority of law or in the
2. That such wrong amounts to crime. exercise of that lawful right.
3. That the threat is not subject to
condition. In this crime, violence is not exclusively
physical force but also includes moral pressure
In the crime of threats, it is essential that or intimidation.
there be intimidation. The violence, however, must be immediate,
In the intimidation, there is promise of some actual or imminent.
future harm or injury, either to the person,
honor or property of the offended party or of his It is often accomplished by means of mere
family. threats or intimidation and may even be
committed by compulsion brought about by
Light Threat (Art. 283) the moral force or In some other manner with
or without the employment of physical force.
In order to convict a person who threatened
another with a wrong, the commission of which The essence of coercion in an attack on
does not amount to a crime which is the crime individual liberty.
of light threats, it must be proved that the
offender has made the threats demanding Purpose of the law in penalizing coercion.
money or imposing any other condition even
though not unlawful. Black mail is punished The main purpose of the statue in
under this article if money is demanded under penalizing coercion and unjust vexation is
threats of exposure. precisely to enforce the principle that no
person may take the law into his hands, and
Elements: that our government is one of law, not of men.

1. That the offender makes a threat to Coercion distinguished from illegal

commit a wrong. detention.
2. That the wrong does not constitute a
crime When the offended party, who was in the
3. That there is a demand for money or house of the accused for three days as servant
that other condition imposed, even therein, had the freedom of the house and left it
though not unlawful. at times to visit her mother, but it was shown
4. That the offender has attained his that she was compelled against her will to
purpose or, that he has not attained his leave her mother’s house and go with the

31
accused to the latter’s house, there is coercion, 16. Burning one’s own property as a means
not illegal detention.(U.S. vs. Quevengco, 2 of committing arson (Art. 325)
Phil. 412) 17. Setting fire to property exclusively
owned by the offender (Art. 326)
Light coercion Art. 287 18. Malicious mischief (Art. 327)
19. Destroying or damaging statues, public
If violence is not present, as where the monuments or paintings (331)
accused thru deceit and misrepresentation
seized a passenger jeep belonging to the Who are guilty of Robbery?
debtor without the knowledge or consent of the
owner for the purpose of applying it to the Elements:
payment of his debt, it is light coercion. Any person who, with
Purpose of penalizing coercion: to enforce a. Intent to gain (Animus lucrandi)
the principle that no person should take the law b. Unlawful taking (sometimes called
into his own hands and that our govt is one of “asportation”)
laws, not of men. Its essence is an attack on c. Personal property (bienes muebles)
individual liberty. belonging to another; and
d. Violence against or intimidation of any
What is unjust vexation? person or force upon things.

It includes any human conduct which, Robbery defined.

although not productive of some physical or
material harm would, however, unjustly annoy Robbery is the taking of personal property
or vex an innocent person. (Guevarra) belonging to another, with intent to gain, by
means of violence against, or intimidation of
Kissing a girl, without performing acts of any person, or using force upon anything.
lasciviousness, is unjust vexation.
The property taken must be personal
A man who kissed a girl and held her tightly property, for if real property is occupied or real
to his breast is guilty of unjust vexation (People right is usurped by means of violence against
vs. Climaco) or intimidation of persons, the crime is
But the conduct of the accused should not usurpation.
be lascivious, for otherwise he is liable for acts
of lasciviousness under Art. 336.(People vs. What are the kinds of Robbery?
Añonuevo.) a. Robbery with violence against or
intimidation of persons; and
CRIMES AGAINST PROPERTY b. Robbery with force upon things

What are the crimes against property? What is “intent to gain”?

1. Robbery with violence against or It means intent to obtain from the
intimidation of persons (Art. 294) appropriation of the thing of some utility,
2. Robbery with physical injuries, advantage or benefit.
committed in an uninhabited place and by a a. It is not necessary that the gain be
band, or with the use of firearms on a street realized as mere intent is enough.
(Art. 295) b. Taking of a thing under claim of ownership
3. Attempted and frustrated robbery in good faith negatives intent to gain even
committed under certain circumstances (Art. though the claim of ownership is untenable.
297)
4. Robbery in an inhabited place or public The appropriating or taking away of the
building or edifice devoted for religious worship property of another without justifiable or legal
(Art. 299) reason is sufficient proof of intent to gain.
5. Robbery in an uninhabited place and by a
band (Art. 300) Intent to gain is presumed from the unlawful
6. Robbery in an uninhabited place or in a taking of the personal property
private building (Art. 302)
7. Possession of picklocks or similar tools What is ”Unlawful Taking”?
(Art. 304)
8. Brigandage (Art. 306) It means, appropriating a thing belonging to
9. Theft (Art. 308) another and placing it under one’s control or
10. Qualified Theft (Art. 310) possession.
11. Swindling (Art. 315)
12. Other forms of swindling (Art. 316) It is necessary that the thing be placed
13. Destructive arson(Art. 320) under one’s control or possession for a period
14. Other forms of Arson (Art. 321) more or less permanent.
15. Crimes involving destruction (Art. 324)

32
 In robbery with violence or intimidation, the conveyances, or
taking is complete when the offender has 5. On the street, road, highway, or alley,
already the possession of the thing even if he and the intimidation is made with the
has no opportunity to dispose of it. use of firearms,

In robbery with force upon things, the said Robbery with Homicide
things must be brought outside of the building This is not a complex crime as understood
for consummated robbery to be committed. under Art. 48 but a single indivisible crime. To
constitute robbery with homicide both the
Force upon things does not always qualify robbery and the homicide must be
the offense as robbery. consummated.
If the motive is to kill and the taking is
Thus, breaking the glass of the show- committed thereafter the crimes committed is
window of a bazar and thereafter taking forty homicide and theft.
watches of various make or brand is not
robbery, it appearing that the accused did not Where the victim was killed on the occasion
enter the building but merely introduced his of the robbery when the accused were taking
hand through the broken glass in order to the chickens under the house, the offense is
remove the watches from the show-window. robbery with homicide, not theft and homicide.
(People vs. Mabasa, 65 Phil. 568)
There is robbery with force upon thing only
when doors or windows are broken in order to Robbery and homicide are separate offenses,
enter a building to steal or when doors or when the homicide was not committed “on the
wardrobes are broken inside the building. occasion” or “by reason” of the robbery.

Without entrance to the building theft is Whenever a homicide has been committed
committed. as a consequence or in the occasion of a
robbery, all those who took part as principals in
Robberies in different house is distinct. But the commission of the crime will also be guilty
if the robberies are committed upon different as principals in the special complex crime of
victims on the same occasion and in the same robbery with homicide unless it clearly
place only one robbery is committed as the appeared that they endeavored to prevent the
robberies are mere incidents of a single homicide.
criminal intent.1.
When rape attends the commission of
Robbery with Violence Against or robbery with homicide the rape should be
Intimidation of Persons. (Art. 294) deemed to aggravate the crime.
1. When by reason or on occasion of the
robbery homicide is committed. “There is no such crime as robbery with
2. Robbery accompanied by rape or murder”
intentional mutilation or by reason or on the
occasion of such robbery serious physical Robbery with Rape, Intentional Mutilation,
injuries shall have been inflicted. or Serious Physical Injuries Under Art. 263
3. If the violence or intimidation employed is para 1.
clearly unnecessary for the commission of the This is a special complex crime punished by
crime or when in the course of the robbery single penalty. Both offenses of Robbery and
serious physical injuries penalized in Art. 263 Rape must be consummated. There is no
pars 3& 4 shall have been inflicted upon any robbery with attempted rape. Robbery is not a
persons not responsible for the commission of necessary mean to commit attempted rape nor
the robbery is attempted rape a necessary means to
commit the crime of robbery; also, robbery and
When is robbery with violence against or attempted rape cannot be committed by a
intimidation of persons qualified? single act.

If any of the offenses defined in The rape or intentional mutilation must

subdivisions 3, 4 and 5 of Art. 294is committed accompany the robbery or the physical injuries
– must be inflicted by reason or on occasion of
1. In an uninhabited place, or robbery.
2. By a band, or
3. By attacking a moving train, street car, Pardon by the offended party does not
motor vehicle, or airship, or affect or alter the criminal liability of the
4. By entering the passengers’ offender.
compartments in a train or in any other
manner taking the passengers thereof The liability of the person or persons who
by surprise in the respective took part in the rape that accompanied the

33
robbery is the same as the others, that is, they directed only to the person of the victim.
will be guilty of robbery with rape unless they 4. In robbery, the gain of the culprit is
endeavored to prevent the commission. immediate; whereas, in threats, the
gain of the culprit is not immediate.
Robbery with Unnecessary Violence
Where on the occasion of robbery by a Robbery with violence distinguished from
band, one of the victims who tried to escape grave coercion.
was shot and wounded although seriously,
while the other victims were brought to a 1. In both crimes, there is violence used
nearby forest and tied to the trunks of the trees, by the offender;
it was held that robbery with unnecessary 2. While in robbery, there is intent to gain,
violence was committed. such element is not present in coercion.

Other Cases of Simple Robbery There is no such crime as “robbery with

It is any kind of robbery with less serious homicide in band”. Band is an ordinary
physical injuries or slight physical injuries. . aggravating circumstance
There is no robbery with less serious physical
injuries. Definition of a Band and Penalty Incurred
by members thereof (Art. 296)
Examples There is a band where the robbery is
a. Snatching money from the hands of the committed by at least four (4) armed
victim and pushing her as a result of which her malefactors.
skirt was torn and she fell on ground
b. Grabbing a pawn ticket and intimidating There may be several malefactors but when
the victim only two are armed, there is no robbery
c. Intimidating the victim with a revolver committed by a band; or if only three of the
culprits are armed.
But where there is no violence exerted to
accomplish the snatching , the crime The member of the band who is present at
committed is not robbery but simple theft. the commission of the robbery and who does
nothing to prevent the killing of the victim is
To “snatch” does not imply more violence liable for robbery with homicide even if the
that what is necessary to take the object. agreement is to commit robbery only.
Snatching requires surprise and suddenness
which are not manifestations of violence. If any arm used be an unlicensed firearm,
the penalty imposed upon all malefactors is the
There is sufficient intimidation where the maximum of the corresponding penalty
acts of the offender inspired fear upon the provided by law, in addition to the criminal
victim although the accused is not armed. liability for illegal possession of such
unlicensed firearm. This is a special
Intimidation exists when the acts executed aggravating circumstances applicable only in a
or words uttered by the offender are capable of case of robbery in band.
producing fear in the person threatened.
E.g. Robbery in an Inhabited House or Public
Policemen who raided a gambling den Building or Edifice Devoted for Religious
not for the purpose of arresting the gamblers Worship(Art. 299)
but by means of intimidation upon persons and
with intent of personal gain took away the Whenever there is violence or intimidation
money of the gamblers. employed in the taking of personal property
What crime was committed by the police? robbery is always committed.

Threats to extort money distinguished from Robbery with force upon thing is committed
robbery thru intimidation. a. If the force upon things was employed to
effect ENTRANCE into the house or building
1. In robbery, the intimidation is actual and b. Having gained entrance into the house or
immediate; whereas, in threats, the building, by bringing outside of the building any
intimidation is conditional or future, that locked or sealed receptacle to be broken
is, not immediate. open.
2. In robbery, the intimidation is personal; c. By breaking doors, wardrobes, chests, or
while in threats it may be through an any other kind of locked or sealed furniture or
intermediary. receptacle inside the building.
3. In threats the intimidation may refer to
the person, honor, or property of the Elements of robbery with force upon things
offended party or that of his family;
while in robbery the intimidation is

34
 1. That the offender entered a) an within the classification of robbery in an
inhabited house, or b) public building, or uninhabited place.
c) edifice devoted to religious worship.
2. That the entrance was effected by any What is a Public Building? (Art. 301)
of the following means;
a) Through an opening not intended It includes every building owned by the
for entrance or egress; government or belonging to a private person
b) By breaking any wall, roof, or floor, but used or rented by the Government,
or breaking any door or window; although temporarily unoccupied by the same.
c) By using false keys, picklocks or
similar tools; or Robbery in an uninhabited place or in a
d) By using any fictitious name or private building. (Art. 302)
pretending the exercise of public
authority. Elements:
3. That once inside the building, the
offender took personal property 1. That the offender entered an
belonging to another with intent to gai. uninhabited place or a building which
was not a dwelling house, not a public
Outside of these cases, the crime building, or not an edifice devoted to
committed will be theft only and not robbery religious worship.
although there is force upon things. 2. That any of the following circumstances
was present:
It is robbery if the suspect entered through a) The entrance was effected through
an opening NOT intended for Entrance or an opening not intended for
Egress entrance or egress;
b) A wall, roof, floor, or outside door or
By Using False Keys, Picklocks or Similar window was broken’
Tools (Art. 299) c) The entrance was effected through
The use of false keys has reference to the the use of false keys, picklocks or
mode of entering the house and not to the other similar tools;
method of opening a trunk in a house. d) A door, wardrove, chest, or any
sealed or closed furniture or
False keys, picklocks or similar instruments receptacle was broken’
must be used in order to gain entrance into the e) A closed or sealed receptacle was
house or building. removed, even if the same be
By Using Any Fictitious or Pretending the broken open elsewhere.
Exercise of Public Authority (Art. 299) 3. That with intent to gain the offender
took therefrom personal property
Where the accused pretending to be belonging to another.
detectives were able to gain entrance in the
establishment of the offended party and once Possession of Picklocks or Similar Tools
inside one of them feigned taking a revolver (Art. 304)
from his belt and ordered complainant to turn
over all the money he had, were held guilty of Elements:
robbery because they simulated public a. Possession of picklocks or similar tools
authority. specially adopted to the commission of the
crime of robbery.
Robbery in an Uninhabited Place and by a b. Such possession is without valid cause.
Band (Art. 300)
Actual use of the picklocks or tools is not
In robbery with force upon things, the felony necessary to constitute illegal possession
becomes qualified when committed in an thereof.
uninhabited place and by a band while robbery
with intimidation or violence against person If the offender be a locksmith, he shall suffer
becomes qualified when committed either by a higher penalty.
a. A band
b. In an uninhabited place False Keys (Art. 305)

What is an Inhabited house? (Art. 301) False Keys includes:

a. tools mentioned under Art. 304
The crime is robbery in an inhabited house (picklocks, or similar tools specially adopted to
since the building was used as a dwelling. the commission of robbery.
Even on the time of the robbery there was no b. Genuine keys stolen from the owner
one actually present at the time of robbery. c. Any keys other than those intended by
Such casual absence cannot bring the crime the owner for use in the lock forcibly opened by

35
the offender. a. He in any manner aids, abets or
protects such band of brigands; or
Keys lost or withheld from the owner without b. He gives them information of the
his knowledge are included movement of the police or other
peace officers of the Government;
Except for false keys under paragraph a, or
possession thereof is not punished. c. He acquire or receives the property
taken by such brigands.
Who are brigands? (Art. 306)
Under Presidential Decree No. 532 defined
Brigandage defined. Philippine Highway

Brigandage is a crime committed by more It shall refer to any road, street, passage,
than three armed persons who form a band of highway and bridges or other parts thereof, or
robbers for the purpose of committing robbery railway, or railroad within the Philippines used
in the highway, or kidnapping persons for the by persons, or vehicles, or locomotives or
purpose of extortion or to obtain ransom, or for trains for the movement of circulation of
any other purpose to be attained by means of persons or transportation of goods, articles or
force and violence. property or both.

There is brigandage when – Who are liable for theft (Art. 308)

1. There be at least four armed persons Theft defined.

2. They formed a band of robbers.
3. The purpose is any of the following: Theft is committed by any person who, with
a. To commit robbery in the highway; intent to gain but without violence against or
or intimidation of person nor force upon things,
b. To kidnap persons for the purpose shall take personal property of another without
of extortion or to obtain ransom; or the latter’s consent.
c. To attain by means of force and
violence any other purpose. The following are liable for theft:

1. Those who (a) with intent to gain, (b)

Brigandage and robbery in band, but without violence against or
distinguished. intimidation of persons nor force upon
things, (c) take, (d) personal property
In brigandage, the purpose of the offender (e) of another (f) without the latter’s
is (a) to commit robbery in the highway; or (b) consent.
to kidnap persons for the purpose of extortion 2. Those who, (a) having found lost
or to obtain ransom; or (c) to attain by means property, (b) fail to deliver the same to
of force and violence any other purpose to be the local authorities or to its owner.
attained by means of force or violence; 3. Those who, (a) after having maliciously
whereas, in robbery in band, the purpose of the damaged the property of another, (b)
offenders is only to commit robbery, not remove or make use of the fruits or
necessarily in the highway. object of the damage caused by them.
4. Those who, (a) enter an enclosed
In brigandage, the mere formation of a band estate or a field where (b) trespass is
for any of the purposes mentioned in the law is forbidden or which belongs to another
sufficient, as it would not be necessary to show and, without the consent of its owner,
that the band actually committed robbery in the (c) hunt or fish upon the same or gather
highway, etc; in robbery in band, it is necessary fruits, cereals, or other forest or farm
to prove that the band actually committed products.
robbery as a mere conspiracy to commit
robbery is not punishable. Elements of theft:

Aiding and abetting a bank of brigands (Art. 1. That there be taking of personal
307) property.
2. That said property belongs to another.
Elements: 3. That the taking be done with intent to
gain.
1. That there is a band of brigands. 4. That the taking be done without the
2. That the offender knows the band to be consent of the owner.
of brigands. 5. That the taking be accomplished
3. That the offender does any of the without the use of violence against or
following acts; intimidation of persons or force upon

36
 things. Decrees No. 330.

Qualified theft. (Art. 310) Republic Act No. 9175 governs the crime of
Illegal Logging.
Theft is qualified –
USURPATION.
1. If the theft is committed by a domestic
servant. Occupation of real property or usurpation
2. If the theft is committed with grave of real rights in property (Art. 312)
abuse of confidence.
3. If the property stolen is a (a) motor Acts punishable under Art. 312:
vehicle, (b) mail matter, or (c) large
cattle 1. By taking possession of any real
4. If the property stolen consists of property belonging to another by means
coconuts taken from the premises of a of violence against or intimidation of
plantation. persons.
5. If the property stolen is fish taken from a 2. By usurping any real rights in property
fishpond or fishery. belonging to another by means of
6. If property is taken on the occasion of violence or intimidation of persons.
fire, earthquake, typhoon, volcanic
eruption, or any other calamity, Elements:
vehicular accident or civil disturbance.
1. That the offender takes possession of
Note: Theft of motor vehicle is punished by any real property or usurp any real
Republic Act. No. 6539. rights in property
2. That the real property or real rights
To constitute the crime of qualified theft by belong to another.
taking large cattle, the animal must be taken 3. That violence against or intimidation or
alive. Thus, killing a cow on the spot where it persons is used by the offender in
was found and taking its meat is simple theft, occupying real property or usurping real
because there was no taking of the cow but rights in property.
only its meat.(People vs. Morillo) 4. That there is intent to gain.

But if the offender in killing the cow of Distinguished from theft or robbery.
another acted with hatred or revenge against
the owner thereof, as when the cow was killed 1. While there is taking or asportation in
because it had entered and destroyed the theft or robbery, there is occupation or
plants of the offender, the crime committed is usurpation in this crime.
not even simple theft but malicious mischief 2. In theft or robbery, personal property is
under Art. 329. (People vs. Valiente) taken; in this crime, there is real
property or real rights involved.
Anti-Cattle Rustling Law of 1974 3. In both crimes, there is intent to gain.
(Presidential decree No. 533)
SWINDLING AND OTHER DECEITS
Cattle rustling is the taking away by any
means, method or scheme, without the Swindling, Estafa (Art. 315)
consent of the owner/raiser, of any of the
animals (classified as large cattle) whether or Elements of Estafa in general:
not for profit or gain, or whether committed with
or without violence against or intimidation of 1. That the accused defrauded another (a)
any person or force upon things. It includes the by abuse of confidence, or (b) by
killing of large cattle, or taking it meat or hide means of deceit; and
without the consent of the owner/raiser. 2. That damage or prejudice capable of
pecuniary estimation is cause to the
The coconuts must be taken from the offended party or third person.
premises of a plantation.
Thus, estafa is committed –
The stealing of coconuts when are still in a) with unfaithfulness or abuse of
the tree or deposited on the ground with the confidence
plantation is qualified theft. When the coconuts b) by means of false pretenses or
are stolen in any other place, it is simple theft. fraudulent acts, or
c) through fraudulent means
Timber smuggling from, and illegal cutting of
logs in public forest s and forest reserves are Elements of Estafa with unfaithfulness
punished as qualified theft by Presidential

37
 1. That the offender has an onerous
obligation to deliver something of value. 1. That there be court record, office files,
2. That he alters its substance, quantity, or documents or any other papers.
quality. 2. That the offender removed, concealed
3. That damage or prejudice is caused to or destroyed any of them
another. 3. That the offender had intent to defraud
another.
Elements of Estafa with abuse of
confidence: Other forms of swindling (Art. 316).

1. By misappropriating the thing received Par 1 – By conveying, selling, encumbering,

2. By converting the thing received. or mortgaging any real property,
3. By denying that the thing was received. pretending to be the owner of the same.

Elements of Estafa by means of deceit: Elements:

1. That there must be a false pretense, 1. That the thing be immovable, such as
fraudulent act or fraudulent means. parcel of land or a building.
2. That such false pretense, fraudulent 2. That the offender who is not the owner
act, or fraudulent means must be made of said property should represent that
or executed prior to or simultaneously he is the owner thereof.
with the commission of the fraud. 3. That the offender should have executed
3. That the offended party must have an act of ownership (selling, leasing,
relied on the false pretense, fraudulent encumbering or mortgaging the real
act, or fraudulent means, that is, he was property).
induced to part with his money or 4. That the act be made to the prejudice of
property because of the false pretense, the owner or a third person.
fraudulent acts, or fraudulent means.
4. That as a result thereof, the offended Example:
party suffered damage. “A” sold a parcel of land to “B”. Later, “A”
sold the same parcel of land to “C”,
representing to the latter that he (“A”) was the
owner thereof. At the time he sold the land to
Ways of committing Estafa by obtaining “C”, “A” was no longer the owner of the
food or accommodation at a hotel, etc. property.

1. By obtaining food, refreshment or Par. 2 - By disposing of real property as

accommodation at a hotel, inn, free from encumbrance, although such
restaurant, boarding house, lodging encumbrance be not recorded.
house or apartment house without
paying therefor, with intent to defraud Elements:
the proprietor or manager thereof.
2. By obtaining credit at any of said 1. That the thing disposed of be real
establishments by the use of any false property.
pretense; or 2. That the offender knew that the real
3. By abandoning or surreptitiously property was encumbered, whether the
removing any part of his baggage from encumbrance is recorded or not.
any of said establishments after 3. That there must express representation
obtaining credit, food, refreshment or by the offender that the real property is
accommodation thereto, without paying free from encumbrance.
therefor. 4. That the act of disposing of the real
property be made to the damage of
Elements of Estafa inducing another to sign another.
any document:
Example:
1. That the offender induced the offended “A” mortgaged his property to “B”. Later,
party to sign a document. “A”, misrepresenting said property is free from
2. That deceit be employed to make hi encumbrance, mortgaged it again, this time to
sign the documents “C”.
3. That the offended party personally But if “C” knew that the property had already
signed the document been mortgaged to “B”, “C”, cannot complain,
4. That prejudice be caused. as there is neither deceit nor fraud.

Elements of Estafa by removing, The act constituting the offense is disposing

concealing or destroying documents: of the real property falsely representing that it

38
is free from encumbrance. Par. 4 – By executing any fictitious contract
to the prejudice of another.
Meaning of “encumbrance”
The crime of estafa by executing a fictitious
The term includes every right or interest in contract to the prejudice of another may be
the land which exists in favor of the third illustrated in the case of a person who
person. simulates a conveyance of his property to
another, for the purpose of defrauding his
An outstanding mortgage, an ordinary creditors.
lease, an attachment, the lien of a judgment,
and an execution sale subject to redemption Par.5 – By accepting any compensation for
are encumbrance on the land. services not rendered or for labor nor
performed.
Par. 3 – By wrongfully taking by the owner
his personal property from its lawful The crime in this paragraph consist in
possessor. accepting any compensation given the
accused who did not render the services or
Elements: perform the labor for which payment was
made.
1. That the offender is the owner of the
personal property. Par. 6 – Be selling, mortgaging or
2. That said personal property is in the encumbering real property or properties
lawful possession of another. with which the offender guaranteed the
3. That the offender wrongfully takes it fulfillment of his obligation as surety.
from its lawful possessor.
4. That prejudice is thereby caused to the Elements:
possessor or third person.
1. That the offender is a surety in a bond
Example: given in a criminal or civil action.
2. That he guaranteed the fulfillment of
The accused pawned his watch to the such obligation with his real property or
complainant. Later, pretending to have the properties.
money for redeeming the watch, the accused 3. That he sells, mortgages, or, in any
asked the offended party to give him the watch other manner encumbers said property
Once in possession of it, he carried away or properties.
without paying the loan for which it was given 4. That such sale, mortgage or
to the offended party as security. encumbrance is (a) without express
authority from the court, (b) made
The offender must be the owner of the before the cancellation of his bond, or
personal property. (c) before being relieved from the
obligation contracted by him.
If the owner took the personal property
from its lawful possessor without the Swindling a minor (Art. 317)
latter’s knowledge and later charged him
with the value of the property, is it theft or Elements:
estafa?
1. That the offender takes advantage of
Ans. the inexperience or emotions or
feelings of a minor.
In no case may the owner be held guilty of 2. That he induces such minor (1) to
theft of his own property, because one of the assume an obligation, or (2) to give
elements of theft is that the property belongs to release, or (3) execute a transfer of any
another. But if the owner, after taking it without property right.
the consent of the possessor, charged the 3. That the consideration is (1) some loan
possessor with the value of the said property, of money, (2) credit, or (3) other
the crime committed is theft. (U.S. vs. Albao, personal property.
29 Phil. 86. 4. That the transaction is to the detriment
of such minor.
Note: Although the property belongs to the
offender, yet by charging the former possessor Example:
with its value, the offender intends to take
another’s money and the same time exhibits an The act of causing a minor to sign a receipt
intent to gain. Reason for the ruling in the case for P500.00 when as a matter of fact the minor
of U.S. vs. Albao. received P400.00 only, coupled with the
circumstance that the minor was a fugitive from

39
the house of his parents and was very badly in transportation or conveyance, or for
need of money was sufficient to constitute public use, entertainment or leisure.
estafa under this article. 4. Any building, factory, warehouse,
installation and any appurtenances
Other deceits (Art. 318) thereto, which are devoted to the
service of public utilities.
1. By defrauding or damaging another by 5. Any building the burning of which is for
any other deceit not mentioned in the the purpose of concealing or destroying
preceding articles. evidence of another violation of law, or
2. By interpreting dreams, by making for the purpose of concealing
forecasts, by telling fortunes, or by bankruptcy or defrauding creditors or to
taking advantage of the credulity of the collect from insurance.
public in any other similar manner, for
profit or gain. Irrespective of the application of the above
enumerated qualifying circumstances, the
Example: penalty of death shall likewise be imposed
when the arson is perpetrated or committed by
A bus conductor, who collected P275.00 two (2) or more persons or by a group of
from a passenger and issued a ticket for a persons, regardless of whether their purpose is
shorter journey for which the proper charge merely to burn or destroy the building or the
was P220.00 and pocketed the difference, is burning mere constitutes an overt act in the
guilty of estafa under Art. 318. commission or another violation of law. The
penalty of reclusion temporal in its maximum
A passenger who boarded a passenger period to death shall also be imposed upon any
jeepney without paying the pare for the ride by person who shall burn:
alighting from the vehicle in the stop light is an
example of estafa under Art. 315. 1. Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ARSON AND OTHER CRIMES INVOLVING ordinance, storehouse, archives or
DESTRUCTION general museum of the government
2. In an inhabited place, any storehouse
or factory of inflammable or explosive
Note: materials. If as a consequence of his
Article 320 to 326-B are repealed or commission of any of the acts penalized
amended by Presidential Decrees No. 1613 under this article, death or injury results,
and 1744. or any valuable documents, equipment,
machineries, apparatus, or other
Sec. 1 of PD 1744 valuable properties were burned or
destroyed, the mandatory penalty of
Article 320 of Revised Penal Code shall death shall be imposed.”
read as follows;
Attempted, frustrated and consummated
“Art. 320. Destructive Arson – The penalty of arson.
reclusion temporal in its maximum period to
death shall be imposed upon any person who Example:
shall burn:
1. One (1) or more buildings or edifices, 1. A person intending to burn a wooden
consequent to one single act of burning structure, collects some rags, soaks them in
or as a result of simultaneous burnings gasoline and places them beside the wooden
or committed on several or different wall of the building. When he is about to light a
occasions; match to set fire on the rags, he is discovered
2. Any building of public or private by another who chases him away.
ownership, devoted to the public in The crime committed is attempted arson
general or where people usually gather because the offender commences the
or congregate for a definite purpose commission of the crime directly by overt acts,
such as but not limited to hotels, motels, (placing the rags soaked in gasoline beside the
transient dwellings, public conveyance wooden wall of the building and lighting a
or stops or terminals, regardless of match) but he does not perform all the acts of
whether the offender had knowledge execution (the setting of the fire to the rags)
that there are persons in said building due to the timely intervention of another who
or edifice at the time it is set on fire and chases away the offender.
regardless also of whether the building
is actually inhabited or not. 2. If that person is able to light or set the
3. Any train or locomotive, ship or vessel, fire to the rags but the fire was put out before
airship or airplane, devoted to any part of the building was burned, it is

40
frustrated.
3. But if before the fire was put out, it had Elements:
burned a part of the building, it is
consummated. 1. That the offender deliberately caused
Any charring of the wood of a building, damage to the property of another.
whereby the fiber of the wood is destroyed, is 2. That such act does not constitute arson
sufficient. It is not necessary that the wood be or other crimes involving destruction.
in a blaze. 3. That the act of damaging another’s
property be committed merely for the
Sec. 7 of PD 1613 Conspiracy to Commit sake of damaging it.
Arson- Conspiracy to commit arson shall be
punished by prision mayor in its minimum Special cases of malicious mischief (Art.
period. 328)
This is an exception to the provisions of Art.
8 of RPC that mere conspiracy to commit a 1. Causing damage to obstruct the
felony or offense is not punishable. performance of public functions.
2. Using any poisonous or corrosive
Special aggravating circumstance in arson. substance
3. Spreading any infection or contagion
“A” insured his house against fire, for an among cattle.
amount double its value. Later, “A” induced his 4. Causing damage to the property of the
servant “B” to burn, as in fact “B” burned the National Museum or National Library, or
house situated in Quiapo, Manila. What crime to any archive or registry, waterworks,
was committed, how would the circumstances road, promenade, or any other thing
affect the criminal liability of “A” and “B”? used in common by the public.
Ans:
Both are guilty of the destructive arson – “A” The cases of malicious mischief
as principal by inducement, and “B” as enumerated in this article are the so-called
principal by direct participation. qualified malicious mischief.

The crime committed is destructive arson, EXEMPTION FROM CRIMINAL LIABILITY

because the house is situated if a populated or IN CRIMES AGAINST PROPERTY
congested area (Sec. 2 No.7).
The penalty for destructive arson (Sec. 2, Persons exempt from criminal liability (Art.
PD 1613) shall be imposed in its maximum 332)
period (Reclusion Perpetua)non both “A” and
“B”, the former having committed with intent to 1. Spouses, ascendants, descendants, or
gain, and latter having committed it for the relatives by affinity in the same line;
benefit of another. (Sec 4 No. 1 and 2) 2. The widowed spouse with respect to
the property which belonged to the
MALICIOUS MISCHIEF deceased spouse before the same shall
have passed into the possession of
Malicious mischief, defined. another; and
3. Brothers and sisters and brothers-in-
Malicious mischief is the willful damaging of law and sisters-in-law, if living together.
another’s property for the sake of causing Note: The exemption established by this article
damage due to hate, revenge or other evil shall not be applicable to strangers
motive. participating in the commission of the crime.

What are the crimes classified as malicious Crimes involved in the exemption:
mischief?
1. Theft (includes all kinds of theft but not
1. Special cases of malicious mischief robbery)
(Art. 328) 2. Swindling (estafa)
2. Other mischiefs (Art. 329) 3. Malicious mischief.
3. Damage and obstruction to means of Note: This article will not apply in case of estafa
communication (Art. 330) through falsification. Thus, if the son committed
4. Destroying or damaging statues, public estafa through falsification of commercial
monuments or paintings (Art. 331) document against his father, he is criminally
liable for the crime of falsification.
Who are liable for malicious mischief (Art.
327) – Any person who shall deliberately cause Reason for the exemption from criminal
to the property of another any damage not liability.
falling within the terms of the next preceding
chapter, shall be guilty of malicious mischief.

41
 The law recognizes the presumed co- c. Cohabiting with her in any other
ownership of the property between the place.
offender and offended party. 3. That as regards the woman she must
know him to be married.
CRIMES AGAINST CHASTITY
Concubinage by having sexual intercourse
Who are guilty of adultery (Art. 333) under scandalous circumstances.

Adultery is committed by any married The scandal produced by the concubinage

woman who shall have sexual intercourse with of a married man occurs not only when (1) he
a man not her husband and by the man who and his mistress live in the same room of the
has carnal knowledge of her, knowing her to be house, but also when (2) they appear together
married, even if the marriage be subsequently in public and (3) perform acts in sight of the
declared void. community which give rise to criticism and
general protest among neighbors.
Elements:
Reason why adultery is more severely
1. That the woman is married; punished than concubinage.
2. That she has sexual intercourse with a
man not her husband; Because adultery makes possible the
3. That as regards the man with whom she introduction of another man’s blood into the
has sexual intercourse, he must know family so that the offended husband may have
her to be married. another man’s son bearing his (husband’s)
name and receiving support from him.
The essence of adultery is the violation of the
marital vow. RAPE AND ACTS OF LASCIVIOUSNESS

Gist of the crime. When and how rape is committed (Art. 335)

The gist of the crime of adultery is the

danger of introducing spurious heirs into the
family, where the rights of the real heirs may be
impaired and a man may be charged with the Elements of rape.
maintenance of a family not his won.
1. That the offender had carnal knowledge
Concubinage (Art. 334) of a woman;
2. That such act is accomplished under
Any husband who shall maintain a mistress any of the following circumstances:
in the conjugal dwelling, or, shall have sexual a. By using force or intimidation; or
intercourse , under scandalous circumstances, b. When the woman is deprived of
with a woman who is not his wife, or shall reason or otherwise unconscious;
cohabit with her in any other place. or
c. When the woman is under 12 years
Three ways of committing the crime of of age.
concubinage:
Republic Act No. 8353 amending for the
1. By keeping a mistress in the conjugal purpose Act. 3815 Revised Penal Code
dwelling; or
2. By having sexual intercourse, under Under Sec. 2. The Crime of rape is now
scandalous circumstances, with a reclassified as crimes against person under
woman who is not his wife; or Title Eight of Act No. 3815 which accordingly
3. By cohabiting with her in any other incorporated into Title Eight as a new chapter
place. to known as Chapter Three on Rape to read:

Elements: “Article 266-A. Rape: When And How

Committed.
1. That the man must be married.
2. That he committed any of the following Rape is committed:
acts;
a. Keeping a mistress in the conjugal “1) By a man who shall have carnal
dwelling; knowledge of a woman under any of the
b. Having sexual intercourse under following circumstances:
scandalous circumstances with a
woman not his wife; “a) Through force, threat, or
intimidation;

42
 “b) When the offended party is deprived the offender before or at the time of the
of reason or otherwise unconscious; commission of the crime;
“c) By means of fraudulent machination
or grave abuse of authority; and “5) When the victim is a child below
“d) When the offended party is under seven (7) years old;
twelve (12) years of age or is demented,
even though none of the circumstances “6) When the offender knows that he is
mentioned above be present. afflicted with the Human Immuno-
Deficiency Virus (HIV)/Acquired Immune
“2) By any person who under any of the Deficiency Syndrome (AIDS) or any other
circumstance mentioned in paragraph 1 sexually transmitted disease and the virus
hereof, shall commit an act of sexual or disease is transmitted to the victim;
assault by inserting his penis into another
person’s mouth or anal orifice, or any “7) When committed by any member of
instrument or object, into the genital or anal the Armed Forces of the Philippines (AFP)
orifice of another person. or para military units thereof or the
Philippine National Police (PNP) or any law
“Article 266-B. Penalty – Rape under enforcement agency or penal institution,
paragraph 1 of the next preceding article when the offender took advantage of his
shall be punished by reclusion perpetua position to facilitate the commission of the
crime;
“Whenever the rape is committed with the
use of a deadly weapon or by two or more “8) When by reason or on the occasion
persons, the penalty shall be reclusion of the rape, the victim has suffered
perpetua to death. permanent physical mutilation or disability;

“When by reason or on the occasion of the “9) When the offender knew of the
rape, the victim has become insane, the pregnancy of the offended party at the
penalty shall become reclusion perpetua to commission of the crime; and
death.
“10) When the offender knew of the
“When the rape is attempted and a mental disability, emotional disorder and/or
homicide is committed by reason or on the physical handicap of the offended party at
occasion of thereof, the penalty shall the time of the commission of the crime.
reclusion perpetua to death.
“Rape under paragraph 2 of the next
“When by reason or on the occasion of the preceding article shall be punished by
rape, homicide is committed, the penalty prision mayor.
shall be death.
“Whenever the rape is committed with the
“The death penalty shall also be imposed if use of a deadly weapon or by two or more
the crime of rape is committed with any of persons, the penalty shall be prision mayor
the following aggravating/qualifying to reclusion temporal.
circumstances:
“When by reason or on the occasion of the
“1) When the victim is under eighteen rape, the victim has become insane, the
(18) years of age and the offender is a penalty shall be reclusion temporal.
parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within “When the rape is attempted and a
the same the third civil degree, or the homicide is committed by reason or on the
common-law spouse of the parent of the occasion thereof, the penalty shall be
victim; reclusion temporal to reclusion perpetua.

“2) When the victim is under the custody “When by reason or on the occasion of the
of the police or military authorities or any rape, homicide is committed, the penalty
law enforcement or penal institution. shall be reclusion perpetua.

“3) When the rape is committee din full “Reclusion temporal shall be imposed if the
view of the spouse, parent, any of the rape is committed with any of the ten (10)
children or other relatives within the third aggravating/qualifying circumstances
civil degree of consanguinity; mentioned in this article.

“4) When the victim is a religious “Article 266-C. Effect of Pardon – The
engaged in legitimate religious vocation or subsequent valid marriage between the
calling and is personally known to such by offended party shall extinguish the criminal

43
action or the penalty imposed. unjust vexation.

“In case it is the legal husband who is the But when the accuse not only kissed and
offender, the subsequent forgiveness by embraced the complainant, but fondled her
the wife as the offended party shall breast with the particular design to
extinguish the criminal action or the independently derive vicarious pleasure
penalty: Provided, That the crime shall not therefrom, the element of lewd design exists.
be extinguished or the penalty shall not be (People vs. Panopio, CA. 48 O.G. 145)
abated if the marriage is void ab initio.
Where the accused touched three times the
Acts of Lasciviousness (Art. 366) private parts of the offended woman over her
panties, without employing any force or
The crime is committed by any person who intimidation, he is guilty of unjust vexation,
shall commit any act of lasciviousness upon because it might have been committed merely
other persons of either sex. to satisfy a “silly whim” (People vs. Bernaldo)

Elements: But the act of the accused in forcibly placing

his hand between the legs of a girl over 12
1. That the offender commits any act of years of old, ow without force is she be under
lasciviousness or lewdness. that age, constitute the crime of acts of
2. That it is done under any of the lasciviousness.
following circumstances:
a) By using force or intimidation; or SEDUCTION, CORRUPTION OF MINORS,
b) When the offended party is AND WHITE SLAVE TRADE
deprived of reason or otherwise
unconscious, or Meaning of seduction.
c) When the offended party is under
12 years of age. Seduction means enticing a woman to
3. That the offended party is another unlawful sexual intercourse by promise of
person of either sex. marriage or other means of persuasion without
Distinguished from attempted rape. use of force.

The manner of committing the crime is the Two kinds of seduction:

same, that is, force or intimidation is employed,
or the offended party is deprived of reason or 1. Qualified seduction (Art. 337)
otherwise unconscious, or under 12 years of 2. Simple seduction (Art. 338)
age.
Qualified seduction (Art. 337)
The differences are:
a) If the acts performed by the offender Two classes of qualified seduction:
clearly indicate that his purpose was to
lie with the offended woman, it is 1. Seduction of a virgin over 12 years and
attempted or frustrated rape. under 18 years of age by certain
b) In the case of attempted rape, the person, such as, a person in authority,
lascivious acts are but the preparatory priest, teacher, etc.; and
acts to the commission of rape; 2. Seduction of a sister by her brother or
whereas, in the other, the lascivious descendant by her ascendant,
acts are themselves the final objective regardless of her age or reputation.
sought by the offender.
c) While acts of lasciviousness may be Elements of qualified seduction of a virgin:
committed or the person of either sex,
attempted or frustrated rape is 1. That the offended party is a virgin,
committed always upon a woman. which is presumed if she is unmarried
and of good reputation.
Note: It is not attempted rape, when there is not 2. That she must be over 12 and under 18
intent to have sexual intercourse. Likewise, years of age.
there is no attempted or frustrated acts of 3. That the offended has sexual
lasciviousness. intercourse with her.
4. That there is abuse of authority,
Distinguished from unjust vexation. confidence or relationship on the part of
the offender.
When the accused merely kissed and Note: The relationship mentioned is a
embraced the complainant either out of relationship only by consanguinity and not by
passion or other motive touching the girl’s affinity.
breast as a mere incident of the embrace, it is

44
Who could be the offenders in qualified The purpose of the statute making seduction
section? a crime is not punish illicit intercourse, but to
punish the seducer who by means of a promise
1. Those who abused their authority: of marriage , destroys the chastity of an
a. Persons in public authority. unmarried female of previous chaste
b. Guardian character, and who thus draws her aside from
c. Teacher the path of virtue and rectitude and then fails
d. Person who, in any capacity, is and refuses to fulfill his promise, a character
entrusted with education or custody despicable in the eyes of every decent,
of the woman seduced. honorable man. (People vs. Iman, 62 Phil. 92)

2. Those who abused confidence reposed Acts of lasciviousness with the consent of
in them: the offended party (Art. 339).
a. Priest
b. House-servant Elements:
c. Domestic
1. That the offender commits acts of
3. Those who abused their relationship: lasciviousness or lewdness.
a. Brother who seduced his sister. 2. That the acts are committed upon a
b. Ascendant who seduced his woman who is virgin or single or widow
descendant. of good reputation, under 18 years of
age but over 12 years , or a sister or
Seduction distinguished from rape. descendant regardless of her
reputation or age.
If any of the circumstance is the crime of 3. That the offender accomplishes the
rape is present, the crime of seduction is not acts by abuse of authority confidence,
committed and therefore not punished under relationship, or deceit.
this article.
Note: Male cannot be the offended party in this
Thus, if the offended woman was crime.
sleeping, or the offender used force or Corruption of minors (Art. 340)
intimidation, when he had sexual intercourse
with her the crime would be rape. Any person who shall promote or facilitate
the prostitution or corruption of persons under
Simple seduction (Art. 338) age to satisfy the lust of another. If the culprit is
public officer or employee, including those in
Elements: government-owned or controlled corporations,
the offender shall also suffer the penalty of
1. That the offended party is over 12 and temporary absolute disqualification.
under 18 years of age.
2. That she must be of good reputation, Note: Under this article, the offended party
single or widow. must be of good reputation, not a prostitute or
3. That the offender has sexual corrupted person.
intercourse with her.
4. That it is committed by means of deceit. White Slave trade (Art. 341)

Note: There must be sexual intercourse. If Acts penalized as white slave trade.
there is no sexual intercourse and acts of
lewdness are performed, the crime committed 1. Engaging is the business of prostitution
is act of lasciviousness under Art. 339. 2. Profiting by prostitution.
3. Enlisting the services of women for the
Deceit generally takes the form of unfulfilled purpose of prostitution.
promise of marriage.
ABDUCTION
Promise of marriage must be the
inducement and the woman yield because of Meaning of abduction.
the promise or other inducement. If she
consents merely from carnal lust, and “By abduction is meant the taking away of a
intercourse is from mutual desire, there is no woman from her house or the place where she
seduction. may be for the purpose of carrying her to
another place with intent to marry or to corrupt
Purpose of the law in punishing simple her.”(Viads , cited in People vs. Crisostomo, 46
seduction. Phil. 780)

Two kinds of abduction.

45
 Prosecution of adultery, concubinage,
1. Forcible abduction (Art. 342) seduction, abduction, rape and acts of
2. Consented abduction (Art. 343) lasciviousness.

Elements of forcible abduction: 1. Adultery and concubinage must be

prosecuted upon complaint signed by
1. That the person abducted is any the offended spouse.
woman, regardless of her age, civil 2. Seduction, abduction, rape or acts of
status, or reputation. lasciviousness must be prosecuted
2. That the abduction is against her will. upon complaint signed by –
3. That the abduction is lewd design. a. offended party,
b. her parents,
Crimes against chastity where age and c. grandparents, or
reputation of the victim are immaterial. d. guardians
in the order in which they are
1. Rape; named above.
2. Acts of lasciviousness against the will
or without the consent of the offended Civil liability of persons guilty of crimes
party; against chastity (Art. 345)
3. Qualified seduction of sister or
descendant; Civil liability of persons guilty of rape,
4. Forcible abduction. section or abduction:

In case the female abducted be under 12 1. To indemnify the offended woman.

years of age, it is not necessary that she be 2. To acknowledge the offspring, unless
taken against her will. the law should prevent him from doing
so.
The law says: “The same penalty shall be 3. In every case to support the offspring.
imposed in every case, if the female abducted
be under 12 years of age. “ The reason for this CRIMES AGAINST THE CIVIL STATUS OF
provision is that she has no will of her own and, PERSONS
therefore, is incapable of giving consent.
Likewise, sexual intercourse is not necessary Simulation of births, substitution of one
in forcible abduction. child for another, and concealment or
abandonment of a legitimate child.
When there is deprivation of liber and no
lewd designs, it is kidnapping and serious Acts punished under art. 347
illegal detention (Art. 267).
1. Simulation of births.
Consented abduction (Art. 343) 2. Substitution of one child for another
3. Concealing or abandoning any
Elements: legitimate child with intent to cause
such child to lose its civil status.
1. That the offended party must be a
virgin. Simulation of birth
2. That she must be over 12 and under 18
years of age The simulation of birth takes place when the
3. That the taking away of the offended woman pretends to be pregnant when in fact
party must be with her consent, after she is not, and on the day of the supposed
solicitation or cajolery from the delivery takes the child of another as her own.
offender.
4. That the taking away of the offended In this case the woman introduces stranger
party must be with lewd design. to the family and defrauds the legitimate heirs.

Purpose of the law in punishing the crime The woman who simulates birth and the
of consented abduction. one who furnishes the child are both
responsible as principals.
The purpose of the law is not to punish the
wrong done to the girl, because she consents Substituting one child for another.
thereto, but to prescribe punishment for the
disgrace to her family and the alarm caused This is committed when , for instance, X is
therein by the disappearance of the one who is, born of A and B; Y is born of C and D; and the
by her age and sex, susceptible to cajolery and offender, with intent to cause the loss of any
deceit. (US. Vs. Reyes, 20 Phil. 510) trace of their filiation, exchange X and Y
without the knowledge of their respective

46
parents. a. The requirements of the law were
not complied with;
The substitution may be effected by placing b. The marriage was in disregard of a
a live child of woman in place of a dead one of legal impediment.
another woman.
Circumstances qualifying the offense.
Concealing or abandoning any legitimate
child. If either of the contracting parties obtains
the consent of the other by means of violence,
Three requisites must be present, namely: intimidation or fraud.

1. The child must be legitimate. Note: Under this article, the offender must not
2. The offender conceals or abandons be guilty of bigamy.
such child; and
3. The offender has the intent to cause CRIMES AGAINST HONOR
such child to lose its civil status.
Definition of libel (Art. 353)
Usurpation of civil status (Art. 348)
A libel is a public and malicious imputation
This crime is committed when a person of a crime, or of a vice or defect, real or
represents himself to be another and assumes imaginary, or any act, omission, condition,
the filiation or the parental or conjugal rights of status, or circumstances tending to cause the
such another person. dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of
Thus, where “A” impersonates himself to be one who is dead.
“C”, the son of another, and assumes the rights
of “C”, the offender commits a violation of this Defamation is the proper term for libel as used
article. in Art. 353.

“Libel” is a defamation committed by means

ILLEGAL MARRIAGES of writing, printing, lithography, engraving,
radio, phonograph, painting or theatrical or
Bigamy, (Art. 349) cinematographic exhibition, or nay similar
means. Oral defamation is called slander.
Elements:
Reason why defamation is punished.
1. That the offender has been legally
married. The enjoyment of a private reputation is as
2. That the marriage has not been legally much a constitutional right as the possession
dissolved or in case his or her spouse is of life, liberty or property. It is one of those
absent, the absent spouse could not rights necessary to human society that underlie
yet be presumed dead according to the the whole scheme of civilization. The law
Civil Code. recognizes the value of such reputation and
3. That he contracts a second or imposes upon him who attacks it, by
subsequent marriage. slanderous words or libelous publication, the
4. That the second or subsequent liability to make full compensation for the
marriage has all the essential requisites damage done.
for validity.
Elements of defamation:
Note: it is essential that the first marriage must
be valid. 1. That there must be an imputation of a
It is now settled that if the first marriage is crime, or of a vice or defect, real or
void from the beginning, it is a defense in a imaginary, or any act, omission,
bigamy charge. But if the marriage is voidable, condition, status, or circumstance.
it is not a defense. There must be a judicial 2. That the imputation must be made
declaration of its nullity before contracting the publicly.
second marriage. 3. That it must be malicious.
4. That the imputation must be directed at
Marriages contracted against provisions of a natural or juridical person, or one who
laws. (Art. 350) is dead.
5. That the imputation must tend to cause
Elements: the dishonor, discredit or contempt of
the person defamed.
1. That the offender contracted marriage.
2. That he knew at the time that – There must be a defamatory imputation

47
 The imputation may cover; Persons responsible for libel (Art. 360) are:
1. Crime allegedly committed by the
offended party; 1. The person who publishes, exhibits, or
2. Vice or defect, real or imaginary, of the causes the publication or exhibition of
offended party; or any defamation in writing or similar
3. Any act, omission, condition, status of, means (para 1)
or circumstance relating to, the 2. The author or editor of a book or
offended party. pamphlet.(para 2)
3. The editor or business manager of a
Threatening to publish and offer to prevent daily newspaper, magazine, or serial
such publication for a compensation. (Art. publication.(para 3)
356) 4. The owner of the printing plant which
publishes a libelous article with his
Acts punished under Art. 356: consent and all other persons who in
any way participate in or have
1. By threatening another to publish a libel connection with its publication.
concerning him, or his parents, spouse,
child, or other members of his family. INCRIMINATORY MACHINATIONS
2. By offering to prevent the publication of
such libel for compensation or money Incriminating innocent person(Art. 363)
consideration
Elements:
Slander (Art. 358)
1. That the offender performs an act.
What is slander? 2. That by such act he directly
incriminates or imputes to an innocent
Slander is oral defamation person the commission of a crime.
3. That such act does not constitute
Two kinds of oral defamation: perjury.

1. Simple slander. Intriguing against honor (Art. 364)

2. Grave slander, when it is of a serious
and insulting nature. How committed?

Factors that determine the gravity of oral It is committed by any person who shall
defamation. make any intrigue which has for its principal
purpose to blemish the honor or reputation of
The gravity of the oral defamation depends another person.
not only 1) upon the expressions used, but also
2) on the personal relations of the accused and Imprudence and negligence (Art. 365)
the offended party, and 3) the circumstances
surrounding the case. The quasi-offenses under Art. 365
The social standing and the position of the committed in four ways:
offended party are also taken into
consideration. 1. By committing through reckless
imprudence any act which, had it been
Slander by deed (Art. 359) intentional, would constitute a grave or
less grave felony or light felony.
What is slander by deed? 2. By committing through simple
imprudence or negligence an act which
Slander by deed is a crime against honor would otherwise constitute a grave or
which is committed by performing any act less grave felony
which cast dishonor, discredit, or contempt 3. By causing damage to the property of
upon another person. another through reckless imprudence
or simple imprudence or negligence
Elements: 4. By causing through simple imprudence
or negligence some wrong which, if
1. That the offender performs any act not done maliciously, would have
included in any other crime against constituted a light felony.
honor.
2. That such act is performed in the Imprudence and negligence distinguished.
presence of other person or persons.
3. That such act casts dishonor, discredit Imprudence indicates a deficiency of action;
or contempt upon the offended party, negligence indicates a deficiency of

48
perception.

Reckless imprudence, defined.

Reckless imprudence consists in

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

Simple imprudence, defined.

Simple imprudence consist in the lack of

precaution displayed in those cases in which
the damage impending to be caused is not
immediate nor the danger clearly manifest.

Elements of reckless imprudence:

1. That the offender does or fails to do an

act.
2. That the doing of or the failure to do that
act is voluntary
3. That it be without malice
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the offender,
taking into consideration -
a. his employment or occupation;
b. degree of intelligence, physical
condition; and
c. other circumstances regarding
persons, time and place.

Elements of simple negligence.

1. That there is lack of precaution on the

part of the offender;
2. That the damage impending to be
caused is not immediate or the danger
is not clearly manifest.

Doctrine of last clear chance

In accordance with the doctrine of “last clear

chance”, the contributory negligence of the
party injured will not defeat the action if it be
shown that the accused might, by the exercise
of a reasonable care and prudence, have
avoided the consequence of the negligence of
the injured party.

49