TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

SECTION ONE: ILLEGAL DETENTION SECTION TWO: KIDNAPPING OF MINORS

ARTICLE 267 ARTICLE 268 ARTICLE 270
KIDNAPPING AND SERIOUS ILLEGAL SLIGHT ILLEGAL DETENTION FAILURE TO RETURN A MINOR
DETENTION
Elements: (PIKO) 1. That the offender is entrusted with the custody of a
minor person (less than 18 years old);
Elements: (PICK) 1. That the offender is a private individual;
2. That he deliberately fails to restore the said minor to
1. That the offender is a private individual who is not 2. That he kidnaps or detains another, or in any manner his parents or guardian
any of the parents of the victim nor a female; deprives him of his liberty;

2. That he kidnaps or detains another, or in any 3. That the act of kidnapping or detention is illegal;
other manner deprives the latter of his liberty;
4. That the crime is committed without the attendance of
3. That the act of detention or kidnapping must be the circumstances enumerated in Art. 267 ARTICLE 271
illegal; INDUCING A MINOR TO ABANDON HIS HOME

4. That in the commission of the offense, any of the Liability is mitigated when the following 1. That a minor (less than 18 years old) is living in the
following circumstances is present: circumstances concur: (VOB) home of his parents or guardian or the person entrusted
with his custody;
a. That the kidnapping or detention lasts for more 1. Offender voluntarily releases the person so kidnapped
than 3 days; or or detained within three days from the commencement of 2. That the offender induces said minor to abandon such
b. That it is by committed simulating public the detention. home
authority; or
c. That any serious physical injuries are inflicted 2. Without having attained the purpose intended; and
upon the person kidnapped or detained or threats
to kill him are made; or 3. Before the institution of criminal proceedings against
d. That the person kidnapped or detained him

Qualifying circumstances: Death Penalty is ARTICLE 269

imposed (KERT) UNLAWFUL ARREST

a. If the purpose is to extort ransom 1. That the offender arrests or detains another person
b. When the victim is killed or dies a consequence 2. That the purpose of the offender is to deliver him to the
of the detention; proper authorities
c. When the victim is raped; or 3. That the arrest or detention is unauthorized by law or
d. When the victim is subjected to torture or there is no reasonable ground therefor.
dehumanizing act.

SECTION THREE: SLAVERY AND SERVITUDE

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 ARTICLE 272. ARTICLE 273 ARTICLE 274.
SLAVERY EXPLOITATION OF CHILD LABOR SERVICES RENDERED UNDER COMPULSION IN
(PE) (RAR-age) PAYMENT
(CAP)
1. That the offender purchases, sells, kidnaps or 1. That the offender retains a minor in his service;
detains a human being; 1. That the offender compels a debtor to work for him,
2. That it is against the will of the minor; either as household servant or farm laborer;
2. That the purpose of the offender is to enslave
such human being. 3. That it is under pretext of reimbursing himself of a debt 2. That it is against the debtor’s will;
incurred by an ascendant, guardian or person entrusted
with the custody of such minor. 3. That the purpose is to require or enforce the payment
Qualifying circumstance: When the purpose of the of a debt.
offender is to assign the offended party to some
immoral traffic.

CHAPTER TWO: CRIMES AGAINST SECURITY

SECTION ONE: ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS
ARTICLE 275. ARTICLE 276. ARTICLE 279.
ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S ABANDONING A MINOR ADDITIONAL PENALTIES FOR
OWN VICTIM (SCAN) OTHER OFFENSES

Acts punished: (Imposition of the penalties

1. That the offender has the custody of a child; prescribed in the preceding articles
1.By failing to render assistance to any person whom the offender finds in an 2. That the child is under seven years of age. (Art 275-278) shall not prevent the
uninhabited place wounded or in danger of dying when he can render such 3. That he abandons such child; imposition upon the same person of
assistance without detriment to himself, unless such omission shall constitute a 4. That he has no intent to kill the child when the the penalty provided for any other
more serious offense. latter is abandoned. felonies defined and punished
under the Code.
Elements: (UWOF)
a. The place is uninhabited; Circumstances Qualifying the Offense: (DD)
b. The accused found there a person wounded or in danger of dying;
c. The accused can render assistance without detriment to himself; 1. When the death of the minor resulted from
d. The accused fails to render assistance. such abandonment; or
2. If the life of the minor was in danger
2. By failing to help or render assistance to another whom the offender has
accidentally wounded or injured.

3. By failing to deliver a child under seven years of age whom the offender has
found abandoned, to the authorities or to his family, or by failing to take him to a
safe place
.

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 SECTION TWO: TRESPASS TO DWELLING
ARTICLE 280. ARTICLE 281.
QUALIFIED TRESPASS TO DWELLING OTHER FORMS OF TRESPASS
(PEA) (CUMN)

1. That the offender is a private person; 1. That the offender enters the closed premises or the fenced estate of
another
2. That he enters the dwelling of another;
2. That the entrance is made while either of them is uninhabited;
3. That such entrance is against the latter’s will.
3. That the prohibition to enter be manifest;
Qualifying Circumstance: If committed by means of violence/intimidation.
4. That the trespasser has not secured the permission of the owner or the
Rule: Whoever enters the dwelling of another at late hour of the night after the inmates have caretaker thereof.
retired and closed their doors does so against their will. Prohibition in this case is presumed.

Cases to which the provision of this article is NOT applicable:

1. If the entrance to another’s dwelling is made for the purpose of preventing some
serious harm to himself, the occupants of the dwelling or a third person.

2. If the purpose is to render some service to humanity or justice.

3. If the place where entrance is made is a café, tavern, inn and other public
house, while the same are open.

Notes:

Qualified if committed by means of violence/intimidation

• Dwelling place means any building or structure exclusively devoted for rest and comfort
• To commit trespass, entrance by the accused must be against the presumed/implied or express prohibition of the occupant
• There is an implied prohibition when entry is made through means not intended for ingress
• Prohibition is not necessary when violence or intimidation is employed by the offender

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 SECTION THREE: THREATS AND COERCION
ARTICLE 282.
GRAVE THREATS Qualifying Circumstance: ARTICLE 283. ARTICLE 286.
LIGHT THREATS (TNDA/N) GRAVE COERCION
Acts punished: If threat was made in writing or through a Two Ways of Committing Grave Coercion:
middleman. 1. That the offender makes a threat to commit a wrong; (PC)
1. By threatening another with
the infliction upon his person, Elements of Grave Threats where the 2. That the wrong does not constitute a crime; 1. By preventing another by means of violence, threats or
honor, or property or that of his offender attained his purpose: (TCDA) intimidation, from doing something not prohibited by law.
family of any wrong amounting 3. That there is a demand for money or that other (Preventive)
to a crime and demanding 1. That the offender threatens another condition is imposed even though not unlawful;
money or imposing any other person with the infliction upon the latter’s 2. By compelling another, by means of violence, threats or
condition even though not person, honor or property, or upon that of the 4. That the offender has attained his purpose or, that he intimidation, to do something against his will, whether it be right or
unlawful, and the offender latter’s family, of any wrong; has not attained his purpose. wrong. (Compulsive)
attained his purpose. (with
condition) 2. That such wrong amounts to a crime;
ARTICLE 284.
2. By making such threat without 3. That there is a demand for money or that BOND FOR GOOD BEHAVIOR
the offender attaining his any other condition is imposed, even though
When PREVENTING is not When COMPELLING is not
purpose. (with condition; not unlawful; When a person is required to give bail considered Coercion: considered Coercion:
elements for this act are the
bond:
same with the first except that 4. That the offender attains his purpose.
• Under Art. 132: When a public • Under Art. 127: When a public
the purpose is not attained.)
officer prevents the ceremonies officer compels a person to
Elements of Grave Threats NOT subject 1. When he threatens another under the of a religious group. change his residence.
3. By threatening another with to a condition: (TCN) circumstances mentioned in Art. 282.
the infliction upon his person,
• Under Art. 143: When a • Under Art. 267: When a
honor or property or that of his 1. That the offender threatens
2. When he threatens another under the person prevents the meeting of person kidnaps his debtor to
family of any wrong amounting another person with the infliction upon
a legislative assembly. compel him to pay.
to a crime, the threat not the latter’s person, honor, or property, circumstances mentioned in Art. 283.
being subject to a condition. or upon that of the latter’s family, of
• Under Art. 145: When a Elements: (PCVN)
(without condition) any wrong.
ARTICLE 285. person prevents a member of 1. That a person prevented
OTHER LIGHT THREATS Congress from attending another from doing something
2. That such wrong amounts to
meetings, expressing his not prohibited by law, or by
a crime.
opinions or casting his vote compelling him to do something
Prohibited Acts: (TOO) through the use of force or against his will, be it right or
3. That the threat is not subject to a
intimidation. wrong;
condition.
1. Threatening another with a weapon, or
When PRISION MAYOR shall 2. That the prevention or
drawing such weapon in a quarrel, unless it be imposed: (VCP) compulsion be effected by
be in lawful self-defense. violence, threats or intimidation.
1.If the coercion is committed in
2. Orally threatening another, in the heat of violation of the exercise of the 3. That the person that
right of suffrage. restrained the will and liberty of
anger, with some harm constituting a crime, another has no right to do so, or
without persisting in the idea involved in his 2.If the coercion is committed to in other words, that the restraint
threat. compel another to perform any is not made under authority of
religious act. law or in the exercise of any
lawful right.
3. Orally threatening to do another any harm 3.If the coercion is committed to
not constituting a felony

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 prevent another from
performing any religious act.

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 ARTICLE 287 ARTICLE 288. ARTICLE 289
LIGHT COERCION OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE FORMATION, MAINTENANCE, &
(CSVP) & PAYMENT OF WAGES BY MEANS OF TOKENS) PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH
1. That the offender must be a creditor; Prohibited acts: VIOLENCE OR THREATS

2. That he seizes anything belonging to 1. Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or 3. That the offender employs violence or
his debtor; compelling of the laborer or employee of the offender to purchase merchandise or threats, in such a degree as to compel
commodities of any kind from him or force the laborers or employers in the
3. That the seizure of the thing be free and legal exercise of their industry
accomplished by means of violence or a Elements: or work;
display of material force producing a. That the offender is any person, agent or officer of any association or
intimidation; corporation. 4. That the purpose is to organize,
maintain or prevent coalitions of capital
4. That the purpose of the offender is to b. That he or such firm or corporation has employed laborers or employees or laborers or lockout of employers.
apply the same to the payment of the
debt. c. That he forces or compels, directly or indirectly, or knowingly permits to
be forced or compelled, any of his or its laborers or employees to purchase
Unjust Vexation (2nd par.) merchandise or commodities of any kind from him or from said firm or
corporation.
Includes any human conduct that,
although not productive of some physical
or material harm, could unjustifiably annoy
or vex an innocent person. 2. Paying the wages due his laborer or employee by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by such
The paramount question to be considered laborer or employee
is whether the offender’s act caused
annoyance, irritation, torment, distress, or Elements:
disturbance to the mind of the person to
whom it was directed. a.That the offender pays the wages due a laborer or employee employed
by him by means of tokens or objects

b.That those tokens or objects are other than the legal tender currency of
the Philippines.

c.That such employee or laborer does not expressly request that he be

paid by means of tokens or objects.

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 TITLE TEN: CRIMES AGAINST PROPERTY
SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
ARTICLE 293 ARTICLE 294 4. ARTICLE 295
WHO ARE GUILTY OF ROBBERY ROBBERY WITH VIOLENCE AGAINST OR ROBBERY WITH PHYSICAL INJURIES,
INTIMIDATION OF PERSONS (a) If the violence or intimidation COMMITTED IN AN UNINHABITED PLACE BY A
Robbery – is the taking of personal property employed in the commission of the robbery BAND OR WITH THE USE OF FIREARM ON A
belonging to another, with intent to gain, by means Acts Punished under this Article: is carried to a degree clearly unnecessary STREET, ROAD OR ALLEY
of violence against, or intimidation of any person, for the commission of the crime; or
or using force upon anything. 1. Qualified Robbery with Violence Against or
(b) When in the course of its execution, the Intimidation of Persons: Nos. 3, 4, and 5 of
Classification of Robbery: VIF (a) When by reason or on occasion of the offender shall have inflicted upon ANY Article 294 if committed:
robbery, the crime of homicide is PERSON NOT RESPONSIBLE FOR ITS
1. Robbery with violence against, or committed; COMMISSION physical injuries covered by 1. In an uninhabited place (despoblado); or
intimidation of persons (Arts. 294, 297 and subdivisions 3 and 4 of Art. 263.
298). (b) or when the robbery is accompanied by 2. By a band (en cuadrilla); or
rape or intentional When the person injured –
2. Robbery by use of force upon things (Arts. 3. By attacking a moving train, street car, motor
299 and 302). 2.When by reason or on occasion of such a. Becomes deformed, or vehicle, or airship; or
robbery any of the physical injuries resulting in
Elements of Robbery in general: PUGVI insanity, imbecility, impotency or blindness is b. Loses any other member of his body, or 4. By entering the passengers’ compartments in a
inflicted. (subdivision 1 of Art. 263) train, or in any manner taking the passengers by
1.That there be personal property (bienes c. Loses the use thereof, or surprise in their respective conveyances or
muebles) belonging to another; 3.When by reason or on occasion of robbery,
any of the physical injuries penalized in d. Becomes ill or incapacitated for the 5. On a street, road, highway, or alley, and the
2.That there is unlawful taking subdivision 2 of Art. 263 is inflicted. When the performance of the work in which he was intimidation is made with use of firearms, the
(apoderamiento or asportacion) of that person injured habitually engaged for more than 90 days, offender shall be punished by the maximum period
property; in consequence of the physical injuries or the proper penalties prescribed in Art. 294.
a. Loses the use of speech or the power inflicted.
3.That the taking must be with intent to gain to hear or to smell, or loses an eye, a
(animus lucrandi); hand, a foot, an arm, or a leg; 5.If the violence employed by the offender
does not cause any of the serious physical
4.That there is violence against or b. Loses the use of any such member; or injuries defined in Art. 263, or if the offender
intimidation of any person or force used employs intimidation only. (simple robbery)
upon things. c. Becomes incapacitated for the work in
which he was therefore habitually engaged,
in consequence of the physical injuries
inflicted;

What are the elements of Robbery in general: In cases of robbery, must the property be personal What is unlawful taking?
(PUGVI) property?
Unlawful taking is an essential element of robbery. The
1. That there be Personal property belonging to Property taken must be personal property, for if real taking must be against the will of the owner or lawful
another; property is occupied or real right is usurped by means possessor of personal property. As an element of
2. That there is Unlawful taking of that property; of violence against or intimidation of persons, the crime robbery, taking must have the character of
3. That the taking is with intent to Gain; and is occupation of real property or usurpation of real permanency. If the dispossession of personal property
4. That there is violence against or Intimidation rights under Art. 312. (Reyes, The Revised Penal is only temporary and there is no intention of the
of any person or force used upon things. Code: Book Two, 2017, p.680) offender to deprive the owner or lawful possessor of a
thing permanently of his possession, robbery is not
committed. (US vs. Atienza, G.R. No. 1043, May 15,
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 1903)

ARTICLE 296. ARTICLE 297.

DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
THEREOF CIRCUMSTANCES

Outline: Special Complex Crime: When by reason or on occasion of an attempted or

frustrated robbery, a homicide is committed.
1. When at least four armed malefactors take part in the commission of a robbery, it
is deemed committed by a band. The penalty is the same whether the robbery is attempted or frustrated.

2. When any of the arms used in the commission of robbery is not licensed, the
penalty upon all malefactors shall be the maximum of the corresponding penalty
provided by law without prejudice to the criminal liability for illegal possession of ARTICLE 298
firearms. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

3. Any member by a band who was present at the commission of a robbery by the Elements:
band, shall be punished as principal of any assaults committed by the band, unless
it be shown that he attempted to prevent the same. 1. That the offender has intent to defraud another;

Requisites for liability for the acts of other members of the band: 2. That the offender compels him to sign, execute, or deliver any public instrument
or document;
1. He was a member of the band;
3. That the compulsion is by means of violence or intimidation.
2. He was present at the commission of a robbery by that band;

3. The other members of that bandcommitted an assault; 4. He did not attempt to

prevent the assault

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 CHAPTER THREE: THEFT
CATTLE RUSTLING LAW CHAPTER THREE: THEFT of 1974 (P.D. LAW ON ILLEGAL FISHING (P.D. 534) “HIGHGRADING” OR THEFT OF GOLD (P.D. 581)
533)
Illegal Fishing – the act of any person to catch, take or gather or cause to “Highgrading” or Theft of Gold – the act of any person who
Cattle Rustling – is defined as the taking away by means, method or be caught, taken or gathered fish or fishery/aquatic products in Philippine shall take gold-bearing ores or rocks from a mining claim or mining
scheme, without the consent of the owner/raiser, of any large cattle waters with the use of explosives, obnoxious or poisonous substances or camp or shall remove, collect or gather gold-bearing ores or rocks
whether or not for profit or gain, or whether committed with or without by the use of electricity. in place or shall extract or remove the gold; from such ores or
violence against or intimidation of persons or force upon things. It rocks, or shall prepare and treat such ores or rocks to recover or
includes the killing of large cattle or taking it as meat or hide without Dealing in illegally caught fish or fishery/aquatic products – any extract the gold content thereof, without the consent of the
the consent of the owner/raiser. person who possesses or deals in, sells or in any manner disposes of, for operator of the mining claim.
profit , any fish, fishery/aquatic products which have been illegally caught,
Presumption of Cattle Rustling: Failure to exhibit the required taken or gathered. Presumption: Unauthorized possession by any person within a
documents by any person having in his possession, control, or mining claim or mining camp of gold-bearing ores or rocks or of
custody of large cattle, upon demand by competent authorities shall gold extracted or removed from such ores or rocks shall be prima
be prima facie evidence that the large cattle in his possession, facie evidence that they have been stolen from the operator of a
control and custody are the fruits of the crime of cattle rustling mining claim (Sec. 2).

ANTI – FENCING LAW (P.D. 1612) PRESIDENTIAL DECREE NO. 401 PRESIDENTIAL DECREE NO. 330
Penalizing the Unauthorized Installation of Water, Electrical or PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF
Elements: Telephone Connections, the Use of Tampered Water or Electrical LOGS FROM PUBLIC FORESTS AND FOREST RESERVES AS
Meters, and other Acts QUALIFIED THEFT
1. Crime of robbery or theft has been committed;
Acts punished: Any person, whether natural or juridical who directly or indirectly
2. Accused, who is not a principal or accomplice in the commission of cuts, gathers, removes, or smuggles timber, or other forest
the crime of robbery or theft, buys, receives, possesses, keeps, 1. The use of tampered water or electrical meters to steal water or products, either from any of the public forest, forest reserves and
acquires, conceals, sells, or disposes of, or shall buy and sell, or in electricity; other kinds of public forest, whether under license or lease, or from
any other manner deal any article, item, object or anything of value any privately owned forest land in violation of existing laws, rules
which he knows, or should be known to him, to have been derived 2. The stealing or pilfering of water and/or electrical meters, electric and/or and regulations shall be guilty of the crime of qualified theft.
from the proceeds of said crime; telephone wires;

3. Accused knows or should have known that said article, item, object 3. Knowingly possessing stolen or pilfered water and/or electrical meters
or anything of value has been derived from the proceeds of theft or and stolen or pilfered electric and/ or telephone wires.
robbery;
Theft of electricity can also be committed by any of the following
4. Accused has intent to gain for himself or another means:

Presumption of Fencing. · Mere possession of any good, article, 1. Turning back the dials of the electric meter;
item, object, or anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of fencing 2. Fixing the electric meter in such a manner that it will not register the
actual electric consumption;

3. Under-reading of electric consumption; and

4. Tightening screw or rotary blades to slow down the rotation of the same

ARTICLE 311.
THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM

Theft of property on National Library and Museum has a fixed penalty regardless of its value. But if the crime is committed with grave abuse of confidence, the penalty for qualified theft shall be imposed, because Art
311 says “unless a higher penalty should be provided under the provisions of this Code.”

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 CHAPTER THREE
THEFT

ARTICLE 308 ARTICLE 309. ARTICLE 310 ANTI CARNAPPING ACT of 1972
WHO ARE LIABLE FOR THEFT PENALTIES QUALIFIED THEFT (R.A. 6539)
PBGCI
The basis of penalty in Theft is: STI There is qualified theft in the Carnapping - taking, with intent to gain, of
1. That there be taking of personal property; following instances: motor vehicle belonging to another without
2. That said property belongs to another; 1. The value of the thing stolen, the latter’s consent, or by means of
3. That the taking be done with intent to gain; and in some cases, 1. If theft is committed by a violence against or intimidation of persons,
4. That the taking be done without the consent of 2. The value and the nature of domestic servant or by using force upon things.
the owner; the property taken, or 2. If committed with grave
5. That the taking be accomplished without the use of 3. The circumstances or causes abuse of confidence If the OWNER, DRIVER OR OCCUPANT of
violence against or intimidation of persons or that impelled the culprit to 3. If the property stolen is a carnapped vehicle is killed or raped in the
force upon things commit the crime a. motor vehicle, course of the commission of the carnapping
b. mail matter or or on the occasion thereof, the penalty of
Theft is likewise committed by: c. large cattle reclusion perpetua to death shall be
4. If the property stolen imposed.
1. Any person who, having found lost property, shall INTENT OF GAIN consists of coconuts taken
fail to deliver the same to the local authorities or from the premises of Qualified Theft only: If material or physical
to its owner By gain is meant not only the acquisition plantation. possession was given to the offender
of a thing useful to the purposes of life 5. If the property stolen is taken
2. Any person who, after having maliciously but also the benefit which in any other from a fishpond or fishery Estafa only: If material plus juridical
damaged the property of another, shall remove or sense may be derived or expected from 6. If property is taken on the possession were given to the offender
make use of the fruits or object of the damage the act which is performed. So, the occasion of fire, earthquake,
caused by him; ( accused who took the car from the typhoon, volcanic eruption,
garage and used it to take their lady or any other calamity,
3. Any person who shall enter an enclosed estate or friends and other for a ride, derived gain vehicular accident or civil
a field where trespass is forbidden or which from the use of this means of disturbance
belongs to another and without the consent of its transportation. (People vs. Fernandesz:
owner; shall hunt or fish upon the same or shall 38 0.G. 985).
gather fruits, cereals, or other forest or farm
products.

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 CHAPTER SIX: SWINDLING AND OTHER DECEITS
ARTICLE 315
SWINDLING/ ESTAFA Part I. Estafa with Unfaithfulness or Abuse of C. Estafa by taking undue advantage of the
Confidence signature in blank (Article 315, No. 1-C)
Elements in general:
A. Estafa with unfaithfulness (Article 315, No. 1-A) 1. That the paper with the signature of the
1. That the accused defrauded another by abuse of offended party be in blank;
confidence, or by means of deceit; 1. That the offender has an onerous obligation to
deliver something of value; 2. That the offended party should have delivered
2. That the damage or prejudice capable of pecuniary it to the offender;
estimation is caused to the offended party or third 2. That he alters its substance, quantity or
persons. quality; 3. That above the signature of the offended party
a document is written by the offender without
Damage or prejudice may consist of: 3. That damage or prejudice capable of authority to do so;
pecuniary estimation is caused to the offended
1. Offended party being deprived of his money or party or third persons. 4. That the document so written creates a liability
property as a result of the defraudation; of, or causes damage to the offended party or
B. Estafa with abuse of confidence. Article 315 any third person.
2. Disturbance in property rights; 3. Temporary No.1-B)
prejudice.
1. That money, goods, or other personal property
be received by the offender in trust, or on
commission, or for administration, or under any
other obligation involving the duty to make
delivery of, or to return, the same;

2. That there be misappropriation or conversion

of such money or property by the offender, or
denial on his part of such receipt;

3. That such misappropriation or conversion or

denial is to the prejudice of another;

4. That there is demand made by the offender

party to the offender.

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 DEFINITION OF TERMS
1. Misappropriation 2. Conversion - the act of 3. Material Possession 4. Juridical Possession (JP) 5. Ownership (O) – There is ownership of the
(M) - the act of taking using or disposing of (MP) – The actual physical – Is present when the personal property when there is no obligation to
something f or one’s another’s property as it was possession of personal possession of the personal return exactly the same property given or lent to the
own benefit one’s own; thing has been de property, where the property arises from a lawful possessor.
voted to a purpose or use possessor cannot claim a causation, contract or
other than that agreed upon. better right to such property agreement, express or implied,
than that of its owner written or unwritten or by virtue
of a provision of law

1. If the offender has been given Material Possession 2. If the offender has been given Juridical Possession and 3. If the person has been given the Ownership,
of the personal property and he Misappropriates the Material Possession of the personal property and he Juridical Possession, and Material Possession of
same, he is liable for the crime of Misappropriates the same, he is liable for the crime of the personal property and he Misappropriates the
THEFT ESTAFA. same, he is NOT criminally liable and incurs only a
CIVIL LIABILITY.
MP + M = Theft JP + MP + M = Estafa
O + JP + MP + M = NO CRIME

Part II. Estafa by Means of Deceit Ways of commission:

(Article 315, No. 2) B. Art. 315 No. 2 (B) By altering, the
A. Art. 315 No. 2 (A): quality, fineness or weight of anything
1. That there must be false pretense, pertaining to his business
fraudulent act or fraudulent means; 1. By using a fictitious name.
C. Art. 315 No. 2 (C) By pretending to
2. That such false pretense, act or 2. By falsely pretending to possess (a) power, (b) influence, (c) have bribed any Government employee
fraudulent means must be made or qualifications, (d) property, (e) credit, (f) agency, (g) business or imaginary
executed prior to or simultaneously transactions. D. Art. 315 No. 2 (D)
with the commission of fraud.
3. By means of other similar deceits. 1. That the offender postdated a
3. That the offended party must have check, OR issued a check in
relied on the false pretense, fraudulent ILLEGAL RECRUITMENT payment of an obligation
act, or fraudulent means, that is, he Under the Migrant Workers Act 2. That such postdating or
was induced to part with his money or (R.A. No. 8042) issuing a check was done when
property because of fraudulent means; the offender had no funds in the
Illegal Recruitment – Any act of canvassing, enlisting, hiring, or procuring workers, bank, or his funds deposited
4. That as a result thereof, the including referring contract services, promising or advertising for employment abroad, therein were not sufficient to
offended party suffered damage. whether for profit or not, when undertaken by a non-licensee or non-holder of cover the amount of the check
authority.

Any such non-licensee or nonholder of authority who, for a fee, offers and promises
employment abroad to two or more persons shall be deemed so engaged in illegal
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 recruitment.

Economic Sabotage:
1. Illegal recruitment by syndicate – committed by a group of three (3) or more
persons conspiring or confederating with one another.
2. Large Scale Illegal Recruitment – committed against three (3) or more person

BOUNCING CHECKS LAW Requisites for Criminal Liability Failing to keep sufficient funds to E. Art. 315, No. 2(E)
(B.P. Blg. 22) under BP 22: cover the full amount of the check.
1. By obtaining food, refreshment or
Offenses Punished under BP 22: 1. A person makes, draws or issues a 1. That a person has sufficient funds accommodation at hotel, inn,
check as payment for account or for with the drawee bank when he makes restaurant, boarding house, lodging
A. Making or Drawing and issuing a check value. or draws and issues a check house or apartment house without
knowing at the time of issue that he does not paying thereof, with intent to defraud
have sufficient funds. 2. That the check was dishonored by 2. That he fails to keep sufficient funds the proprietor or manager thereof
the bank due to a lack of funds, or to maintain a credit to cover the full
Elements: insufficiency of funds or account amount if presented within a period of 2. By obtaining credit at any of the said
already closed. 90 days from the date of appearing establishments by the use of any false
1. That a person makes or draws thereon. pretense
and issues any check to apply on 3. The payee or holder of such check
account or for value. gives a written notice of dishonor and 3. That the check is dishonored by the 3. By abandoning or surreptitiously
demand for payment. drawee bank removing any part of his baggage from
2. That the person knows that at the any of the said establishment after
time of issue he does not have 4. That the maker, drawer or issuer, obtaining credit, food, refreshment or
sufficient funds or credit with the after receiving such notice and accommodation therein, without
drawee bank for the payment of demand, refuses or fails to pay the paying therefor.
such check upon its presentment value of the check within FIVE
BANKING DAYS.
3. That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
same reason had not the drawer,
without any valid reason, ordered
the bank to stop payment.

Part III. Estafa Through the Following Means B. Estafa by resorting to C. Estafa by removing, concealing or destroying documents
some fraudulent practice to (Article 315 No. 3C)
A. Estafa by inducing another to sign any document (Article insure success in gambling
315 No. 3A) (Article 315 No. 3B) 1. That there be court record, office files, documents or any other
papers;
1. That the offender induced the offended party to sign a document;
2. That the offender removed, concealed or destroyed any of them;
2. That deceit be employed to make him sign the document;
3. That the offender had intent to defraud another.
2. That the offended party personally signed the document;
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 3. That prejudice be caused.

ARTICLE 316 2. Any person who, 3. The owner of any 6. Any person who shall sell, ARTICLE 317.
OTHER FORMS OF SWINDLING knowing that real property personal property who mortgage or encumber real SWINDLING A MINOR
is encumbered, shall shall wrongfully take it property with which the
Persons liable: dispose of the same, from its lawful possessor, offender guaranteed the 1. That the offender takes
although such to the prejudice of the fulfillment of his obligation as advantage of the inexperience
1. Any person who, pretending to encumbrance be not latter or any third person. surety. or emotions or feelings of a
be the owner of any real property, recorded. minor;
shall convey, sell, encumber or a. That the offender is a. That the offender is a
mortgage the same. a. That the thing the owner of personal surety in a bond given in a 2. That he induces such minor
disposed of be real property; criminal or civil action; to assume an obligation, or to
a. That the thing be immovable, property. give release, or to execute a
such as a parcel of land or a b. That said personal b. That he guaranteed the transfer of any property right;
building; (property must actually b. That the offender knew property is in the fulfillment of such obligation
exist) that the real property was lawful possession of with his real property or 3. That the consideration is
encumbered, whether another; properties; some loan of money, credit, or
b. That the offender who is not the encumbrance is other personal property; (if real
the owner of said property recorded or not. c. That the offender c. That he sells, mortgages, property, Article 318 applies;
should represent that he is the (principle of constructive wrongfully takes it or, in any manner minor cannot convey real
owner thereof notice does not apply) from its lawful encumbers said real property without judicial
possessor; (if from property; authority) 4. That the
c. That the offender should c. That there must be unlawful possessor, transaction is to the detriment of
have executed an act of express representation Article 429 of the Civil d. That such sale, mortgage such minor
ownership (selling, leasing, by the offender that the Code applies) or encumbrance is (1)
encumbering or mortgaging the real property is free from without express authority
real property); encumbrance. d. That prejudice is from the court, or (2) made
thereby caused to the before the cancellation of his
d. That the act be made to the d. That the act of possessor or third bond, or (3) before being
prejudice of the owner or a third disposing of the real person. relieved from the obligation
person property be made to the contracted by him.
damage of another 4. Any person who, to the
prejudice of another, shall
execute any fictitious
contract.

5. Any person who shall

accept any compensation
for services not rendered
or for labor not performed.

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 CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
ARTICLE 320-326- B
REPEALED BY PD 1613 Destructive Arson (Art. 320, RPC) There is also Destructive Arson: (Art. Other cases of Arson: (Sec. 3, PD
320, RPC) 1613)
PD 1613- AMENDING THE Burning of:
LAW ON ARSON 1. When the arson is committed by 2 or Burning of:
1.One (1) or more buildings or edifices, more persons, regardless of whether
Kinds of Arson: consequent to one single act of burning, or as a their purpose is merely to burn or 1. Any building used as offices of the
result of simultaneous burnings, committed on destroy the building or the burning Government or any of its agencies.
1.Arson (Sec. 1, PD No. 1613) several or different occasions. merely constitutes an overt act in the
commission of another violation of the 2. Any inhabited house or dwelling.
2.Destructive arson (Art. 320, 2.Any building of public or private ownership, law
as amended by RA No. 7659 devoted to the public in general or where people 3. Any industrial establishment,
3.Other cases of arson (Sec. usually gather or congregate for a definite 2. When any person shall burn: shipyard, oil, well or mine shaft, platform
3, PD No. 1613) purpose such as, but not limited to, official or tunnel.
governmental function or business, private a. Any arsenal, shipyard, storehouse or
Arson – when any person transaction, commerce, trade workshop, military powder or fireworks factory, 4. Any plantation, farm, pasture land,
burns or sets fire to the meetings and conferences, or merely incidental ordnance, storehouse, archives or growing crop or grain field, orchard,
property of another, or his own to a definite purpose such as but not limited to general museum of the Government. bamboo grove or forest.
property under circumstance hotels, motels, transient dwellings, public
which expose to danger the conveyances or stops or terminals, regardless of b. In an inhabited place, any storehouse 5. Any rice mill, sugar mill, cane mill, or
life or property of another. whether the offender had knowledge that there or factory of inflammable or explosive mill central.
(Sec. 1, PD 1613) are persons in said building or edifice at the time materials.
it is set on fire and regardless also of whether 6. Any railway or bus station, airport,
the building is actually inhabited or not. wharf, or warehouse.

3. Any train or locomotive, ship or vessel, airship

or airplane, devoted to transportation or Special Aggravating Circumstance on
conveyance, or for public use, entertainment or Arson (Sec. 4, PD 1613):
leisure.
1. If committed with intent to gain.
4. Any building, factory, warehouse installation
and any appurtenances thereto, which are 2. If committed for the benefit of another.
devoted to the service of public utilities.
3. If the offender be motivated by spite or
5. Any building the burning of which is for the hatred towards the owner or occupant of
purpose of concealing or destroying evidence of the property burned.
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or 4. If committed by a syndicate - planned
to collect from insurance. or carried out by three or more persons

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 Prima facie evidence of 2. If substantial amount of flammable 4. If the building or property is insured 6. If shortly before the fire, a substantial
Arson (Sec. 6, PD substances or materials are stored within the for substantially more than its actual portion of the effects insured and stored
building not of the offender nor for the household value at the time of the issuance of the in a building or property had been
1613): policy. withdrawn from the premises except in
3. If gasoline, kerosene, petroleum or other the ordinary course of business.
1. If the fire started flammable or combustible substances or 5. If during the lifetime of the
simultaneously in more than materials soaked therewith or containers corresponding fire insurance more than 7. If a demand for money or other
one part of the building or thereof, or any mechanical, electrical, chemical, two fires have occurred in the same or valuable consideration was made before
establishment. or electronic contrivance designed to start a fire, other premises owned or under the the fire in exchange for the desistance of
or ashes or traces of any of the foregoing are control of the offender and /or insured. the offender or for the safety of the
found in the ruins or premises of the burned person or property of the victim.
building or property.

ATTEMPTED, FRUSTRATED OR CONSUMMATED ARSON:

.
1. A person, intending to burn a wooden structure, 2. Any charring of the wood of a building, whereby the 3. Setting fire to the contents of a building constitutes
collects some rags, soaks them in gasoline and places fiber of the wood is destroyed, is sufficient. It is the consummated crime of setting fire of a building,
them beside the wooden wall of the building. When he necessary that the wood should be ablazed. even if no part of the building was burned.
is about to light a match to set fire to the rags, he is
discovered by another who chases him away

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 CHAPTER NINE: MALICIOUS MISCHIEF CHAPTER TEN: MALICIOUS MISCHIEF

ARTICLE 327 ARTICLE 328. ARTICLE 329 ARTICLE 330 ARTICLE 331 ARTICLE 332
MALICIOUS SPECIAL CASES OF OTHER DAMAGE AND DESTROYING OR PERSON EXEMPT FROM CRIMINAL
MISCHIEF MALICIOUS MISCHIEF MISCHIEFS OBSTRUCTION TO DAMAGING LIABILITY
(When Qualified) MEANS OF STATUES, PUBLIC
1. That the offender Mischiefs not COMMUNICATION MONUMENTS OR Crimes involved in the exemption:
deliberately caused 1. Causing damage to included in the next PAINTINGS
damage to the obstruct the preceding article Person liable: 1. Theft
property of another; performance of public and are punished Persons liable: 2. Swindling
functions; according to the Any person who shall 3.Malicious mischief
2. That such act does value of damage damage any railway, 1. Any person who
not constitute arson or 2. Using poisonous or caused. telegraph or telephone shall destroy or Persons exempted:
other crimes involving corrosive substances; lines. Qualifying damage statues or
destruction; circumstance: Damage any other useful or 1. Spouses, ascendants and descendants, or
3. Spreading any shall result in the ornamental public relatives by affinity on the same line.
3. That the act of infection or contagion derailment of cars, monuments.
damaging another’s among cattle; collision or other 2. The widowed spouse with respect to the
property be committed accident 2. Any person who property which belonged to the deceased
merely for the sake of 4. Causing damage to shall destroy or spouse before the same shall have passed to
damaging it. the property of the damage any useful the possession of another.
National Museum or or ornamental
National Library, or to painting of a public 3. Brothers and sisters and brothers in law
any archive or registry, nature. and sisters in law, if living together.
waterworks, road,
promenade, or any other 4. Stepfather, adopted father, natural
thing used in common children, concubine, paramour included as
by the public. ascendants by affinity.

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 TITLE TEN: CRIMES AGAINST CHASTITY
CHAPTER ONE: ADULTERY AND CONCUBINAGE CHAPTER TWO: ACTS OF LASCIVIOUSNESS

ARTICLE 333 ARTICLE 334 ARTICLE 336.

ADULTERY CONCUBINAGE ACTS OF LASCIVIOUSNESS
LLCS
Who are liable? NHKM Who are liable? MKM
1. That the offender commits any act of
1. The married woman who engages in sexual 1. The married man lasciviousness or lewdness;
intercourse with a man not her husband. 2. The woman who knew that the man was married. 2. That the act of lasciviousness is committed
2. The man who, knowing of the marriage of against a person of either sex;
the woman, has sexual intercourse with her. Elements: M-CDSC-CK 3. That it is done under any of the following
circumstances: FUFA12
1. That the man must be married;
Elements: MSK 2. That he committed any of the following acts: a. By using force or intimidation
1. That the woman is married; b. When the offended party is deprived of
2. That she has sexual intercourse with a man a. Keeping a mistress in the conjugal dwelling (mistress reason or otherwise unconscious
not her husband; must live therein as such); c. By means of fraudulent machination or
3. That as regards the man with whom she has grave abuse of authority
sexual intercourse, he must know her to be b. Having sexual intercourse under scandalous d. When the offended party is under 12 years of
married. circumstances with a woman who is not his wife (proof of age or is demented.
actual sexual relations not required as long as it can be
inferred);

c. Cohabiting with her in any other place (as husband and

wife

3. As regards to the woman, she must know him to be married.

CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

ARTICLE 337 The following are the OFFENDERS: ARTICLE 338 ARTICLE 339.
QUALIFIED SEDUCTION SIMPLE SEDUCTION ACTS OF LASCIVIOUSNESS WITH THE
1. Those who abused their authority: PGTE ARSWID CONSENT OF THE OFFENDED PARTY
Two classes: VS LVSWAA-ACRD
a. Persons in public authority
1. Seduction of a virgin over 12 years b. Guardian 1. That the offended party is 1. That the offender commits acts of
and under 18 years of age by c. Teacher over 12 and under 18 years lasciviousness or lewdness;
persons who abuse their authority or d. Person who, in any capacity, is entrusted with of age;
the confidence reposed. the education or custody of the woman 2. That the acts are committed upon
seduced 2. That she must be of good a woman who is a virgin or

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 2. Seduction of a sister by her brother reputation, single or single or a widow of good
or descendant by her ascendant, 2. Those who abused confidence reposed in them: PHD widow; reputation, under 18 years of
regardless of her age and reputation. a. Priest age but over 12 years, or a sister
b. House servant 3. That the offender has sexual or descendant regardless of her
c. Domestic intercourse with her; reputation or age;

Elements: V1218SA 3. Those who abused their relationship: BADLI 4. That it is committed by 3. That the offender accomplishes
1. That the offended party is a virgin; means of deceit. the acts by abuse of authority,
2. She must be over 12 and under 18 a. Brother who seduced his sister confidence, relationship or
years of age; b. Ascendant who seduced his descendant deceit.
3. That the offender had sexual c. A “domestic” is different from a house servant,
intercourse with her; it means any person living under the same
4. 4. That there is abuse of authority, roof as a member of the same household, and
confidence or relationship on the part includes boarders or house-guests but not
of the offender. transients or visitors.

d. The fact that the girl gave her consent to the

sexual intercourse is no defense. In the same
way, lack of consent of the girl is not an
element of the offense.

e. The seduction of a sister or descendant is

known as incest.

ARTICLE 340 Persons liable: ARTICLE 341

CORRUPTION OF MINORS WHITE SLAVE TRADE
(AS AMENDED BY BP 92) 1. Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to the following: Prohibited acts:
Prohibited acts – to promote or facilitate the 1. Engaging in the business of
prostitution or corruption of persons under age to a. Acting as a procurer of a child prostitute; prostitution;
satisfy the lust of another. b. Inducing a person to be a client of a child prostitute by means of 2. Profiting by prostitution;
written or oral advertisements or other similar means; 3. Enlisting the services of women for
Special Protection of Children Against Child c. Taking advantage of influence or relationship to procure a child as the purpose of prostitution.
Abuse Act (R.A. 7610) – Child prostitution and a prostitute;
attempt to commit child prostitution are punished d. Threatening or using violence towards a child to engage him/her
under this Act. as a prostitute;
e. Giving monetary consideration, goods or other pecuniary benefit
Sec. 5. Child Prostitution and other Sexual Abuse to a child with the intent to engage such child in prostitution.
– Children whether male or female, who for money,
profit or other consideration or due to the coercion or 2. Those who commit the act of sexual intercourse or lascivious conduct
influence of any adult syndicate or group, indulge in with a child exploited in prostitution or subjected to other sexual abuse.
sexual intercourse or lascivious conduct are deemed
to be children exploited in prostitution and other 3. Those who derive profit or advantage therefrom, whether as manager
sexual abuse. or owner of the establishment where the prostitution takes place, or of
the sauna, disco, bar, resort, place of entertainment or establishment
serving as a cover or which engages in prostitution in addition to the
activity for which the license has been issued to said establishment.

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 TITLE EIGHT: CRIMES AGAINST PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE

ARTICLE 246. ARTICLE 247. ARTICLE 248. Elements: ARTICLE 249.

PARRICIDE DEATH OR PHYSICAL MURDER HOMICIDE
INJURIES INFLICTED UNDER 1. That a person was killed;
Who are liable? EXCEPTIONAL Murder – unlawful killing of any 2. That the accused killed him; Elements:
CIRCUMSTANCES person which is not parricide or 3. That the killing was attended by
1. That a person is killed; infanticide, provided that any of the any of the qualifying 1. That a person was killed;
2. That the deceased is Who are liable? following circumstances is present: circumstances mentioned in Art. 2. That the accused killed
killed by the accused; 248; and him without any justifying
and 1. That a legally married 1. With treachery, taking 4. That the killing is not parricide or circumstance;
3. That the deceased is the person or a parent advantage of superior infanticide. 3. That the accused had the
father, mother, or child, surprises his spouse or strength, with the aid of intention to kill, which is
whether legitimate or his daughter, the latter armed men, or employs Rules for the application of the presumed; and
illegitimate, or a under 18 years of age means to weaken the circumstances which qualify the killing to 4. That the killing was not
legitimate other and living with him, in the defense, or of means or murder: attended by any of the
ascendant or other act of committing sexual persons to insure or afford qualifying circumstances
descendant, or the intercourse with another impunity; 1. That murder will exist with only of murder, or by that of
legitimate spouse, of the person; one of the circumstances parricide or infanticide.
accused. 2. In consideration of a price, described in Art. 248.
2. That he or she kills any reward or promise;
Cases of parricide when the or both of them, or inflicts 2. Where there are more than one
penalty shall NOT be reclusion upon any or both of them 3. By means of inundation, fire, qualifying circumstance present, ARTICLE 250.
erpetua to death: any serious physical poison, shipwreck, stranding only one will qualify the killing, PENALTY FOR FRUSTRATED
injury, in the act or of a vessel, derailment or with the rest to be considered as PARRICIDE, MURDER, OR
 Parricide through immediately thereafter; assault upon a railroad, fall generic aggravating HOMICIDE
negligence (Art. 365). and of an airship, by means of circumstances.
 Parricide by mistake motor vehicles, or with the  Courts may impose a
(Art. 249). 3. That he has not use of any other means 3. That when the other penalty two degrees lower
 Parricide under promoted or facilitated involving great waste and circumstances are absorbed or for frustrated parricide,
exceptional the prostitution of his wife ruin; included in one qualifying murder or homicide.
circumstances (Art. or daughter, or that he or circumstance, they cannot be  Courts may impose a
247). she has not consented to 4. On occasion of any considered as generic penalty three degrees
 The child should not be the infidelity of others. calamities enumerated in the aggravating. lower for attempted
less than 3 days old; preceding paragraph, or of parricide, murder or
otherwise the crime is an earthquake, eruption of a 4. 4. That any of the qualifying homicide.
infanticide (Art. 255) volcano, destructive cyclone, circumstances enumerated in Art.  This provision is
epidemic, or any other public 248 must be alleged in the permissive NOT
calamity; information. MANDATORY

5. With evident premeditation;

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 or

6. With cruelty, by deliberately

and Inhumanly augmenting
the suffering of the victim, or
outraging or scoffing at his
person or corpse. (As
amended by RA No. 7659)

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