CRIMINAL LAW II

BY: ATTY. JUVI H. GAYATAO

 TITLE VIII. CRIMES AGAINST
PERSONS
 Crimes against persons herself or by her parents (Art. 258);
 1. Parricide (Art. 246);  12. Abortion practiced by a physician
 2. Murder (Art. 248); or midwife and dispensing of abortives
 3. Homicide (Art. 249); (Art. 259);
 4. Death caused in a tumultuous affray
 13. Duel (Art. 260);
(Art. 251);  14. Challenging to a duel (Art. 261);
 5. Physical injuries inflicted in a  15. Mutilation (Art. 262);
tumultuous affray (Art.252);  16. Serious physical injuries (Art. 263);
 6. Giving assistance to suicide (Art. 253)  17. Administering injurious substances
; or beverages (Art.264);
 7. Discharge of firearms (Art. 254);8. In  18. Less serious physical injuries (Art.
fanticide (Art. 255); 265);
 9. Intentional abortion (Art. 256);  19. Slight physical injuries and
 10. Unintentional abortion (Art. 257); maltreatment (Art. 266);and
 11. Abortion practiced by the woman  20. Rape (Art. 266-A).
 REPUBLIC ACT NO. 8353
(Anti-Rape Law of 1997)
SALIENT FEATURES:

A. RA 8353 RECLASSIFIED the crime of RAPE by

amending Art. 266 of the RPC.

RAPE is now considered a public crime, which

means that any person who has knowledge of the
crime may file a complaint; consequently, even if
the victim withdraws her complaint, the
government (i.e. the police, prosecutor, fiscal, etc.)
may proceed with the case.
B. Rape can now be committed by ANY
PERSON, MAN or WOMAN, particularly
RAPE BY SEXUAL ASSAULT.

C. It introduced MARITAL RAPE between

married couples.

D. Rape can be committed through

fraudulent machination or grave abuse of
authority.
TWO WAYS OF COMMITTING RAPE

1) MAN who shall have carnal knowledge of a

WOMAN under any of the following
circumstances:

a. Through force, threat, or intimidation;

b. When offended party is deprived of reason
or is otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority, and
d. When offended party is under 12 yrs. of age
or demented.
 Mere initial resistance, which does not indicate
refusal on the part of the offended party to the
sexual intercourse, will not be enough to bring
about the crime of rape. People vs. Sendong
(2003)
 In People vs. Luna (2003), it was held that it
would be unrealistic to expect a uniform reaction
from rape victims.
 TENACITY RULE IS NOW ABANDONED
 People vs Dulay- resistance may be proved by

any physical overt act in any degree from the

offended party
TWO WAYS OF COMMITTING RAPE

1) MAN who shall have carnal knowledge of a

WOMAN under any of the following
circumstances:

a. Through force, threat, or intimidation;

b. When offended party is deprived of reason
or is otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority, and
d. When offended party is under 12 yrs. of age
or demented.
2) By any person (MAN or WOMAN) who,
under ANY of the circumstances
mentioned in paragraph 1, shall commit
an act of SEXUAL ASSAULT by:

a. Inserting his penis into another

persons mouth or anal orifice, or

b. Inserting any instrument or object

into the genital or anal orifice of
another person.
Can you consider the finger and other parts
of the body as ”object” or “instrument”?

YES!

 PEOPLE v. ROLANDO BAGSIC, GR No.

218404, Dec 13, 2017
 People vs. Alfonso, August 18, 2010
 People vs. Soriano, August 29, 2002
 Obaña vs Hon. Soriano, et. Al., August 29, 2001
 PEOPLE VS SALVANIA (2007)
The accused did not insert his penis into
the victim’s vagina, he took off her lower
undergarments and kissed her vagina. On
cross-examination, victim asserted that the
accused (her father) inserted his tongue into
the hole of her vagina and she felt pain
because of this.
 THIS IS WHAT THE SUPREME COURT
HAS SAID ABOUT RAPE!!!

 NOTE: The slightest

penetration of the outer labia
is sufficient. The absence of
sperm in the vagina does not
mean that no rape occurred
 People vs Campuhan
GR No. 129433, March 30, 2000

 Labia majora must be entered for rape to be

consummated, and not merely for the penis to stroke
the surface of the female organ. Thus, a grazing of the
surface of the female organ or touching the mons pubis
of the pudendum is not sufficient to constitute
consummated rape.
 Absent any showing of the slightest penetration of the
female organ, i.e. touching of labia majora or minora of
the pudendum by the penis, there can be no
consummated rape.
 People v. Brioso
G.R. No. 182517, March 13, 2009

 There must be sufficient and convincing

proof that the penis indeed touched the
labia or slid into the female organ, and not
merely stroked the external surface
thereof, for an accused to be convicted of
consummated rape.
`
How to Determine “COUNTS” in Rape?
People v. Ferrer; People v. Orilla
 The accused ejaculated twice during the time that he

consummated the rape. He did not withdraw his penis to

insert it again into the vagina or to touch the labia
majora and the labia minora when he ejaculated the
second time.
 It is NOT the number of times that appellant ejaculated

but the penetration or ‘touching’ that determines the

consummation of the sexual act. Thus, appellant
committed only one count of rape.
 MARIA CLARA DOCTRINE
 1960 SC Decision: "no young Filipina of
decent repute would publicly admit that
she has been sexually abused, unless that
is the truth, for it is her natural instinct to
protect her honor.”
 PP vs. Amarela and Racho
(February 2018)
 "today, we simply cannot be stuck to the Maria Clara stereotype of a
demure and reserved Filipino woman" so as to "evaluate the testimony of a
private complainant of rape without gender bias or cultural misconception."
 The high court explained that the times have changed, and with it the
Filipina. 
 "We, should stay away from such mindset and accept the realities of a
woman's dynamic role in society today; she who has over the years
transformed into a strong and confidently intelligent and beautiful person,
willing to fight for her rights. 
 "It is important to weed out these unnecessary notions because an accused
may be convicted solely on the testimony of the victim, provided of
course, that the testimony is credible, natural, convincing, and
consistent with human nature and the normal course of things,"
the high court said in its decision, as it stressed that for a conviction of rape
to rise, the victim's narration and testimony must be believable beyond
reasonable doubt,"
 Sweetheart Theory
 People of the Philipines Vs. Elmer Baldo (G.R. No. 175238 February
24, 2009) 

 The "sweetheart theory" or "sweetheart defense" is an oft-abused

justification that rashly derides the intelligence of this Court and
sorely tests our patience. For the Court to even consider giving
credence to such defense, it must be proven by compelling
evidence. The defense cannot just present testimonial evidence in
support of the theory, as in the instant case. Independent proof is
required -- such as tokens, mementos, and photographs. There is
none presented here by the defense.
 Moreover, even if it were true that they were sweethearts, a love
affair does not justify rape. As wisely ruled in a previous case, a
man does not have the unbridled license to subject his beloved to
his carnal desires. 
 JURISPRUDENCE ON RAPE:

1) Attempted Rape is committed by the accused after raising the

dress of the woman who was asleep and placing himself on top
of her (Pp. v. Tayaba, 62 Phil. 559)
2) There is no FRUSTRATED RAPE (Pp. v. Orita, April 3, 1990).
Abandoned the case of Pp v. Erinia, January 20, 1927.
3) Where the offended party is less than 12 years old, rape is
committed although she consented to the sexual act (Pp. v.
Villamor).
4) Sexual intercourse with a 9-year old girl is rape (Pp. v. Perido).
5) Rape is committed even if the girl under 12 years of age is a
prostitute (Pp. v. Perez, Pp vs Jalosjos).
6) Sexual intercourse with a woman who is half asleep is not RAPE.
7) The victim’s act of crying during her testimony bolsters the
credibility of the rape charge with the verity born out of human
nature and experience. People v. Dy (2002)
 PEOPLE vs RAFAEL SAYLAN
(G.R. No. L-36941 June 29, 1984)

 The victim is made to bend her body

downwards with her hands and knees
resting on the ground, when the victim is
already in this position, the offender
placed himself behind her, inserted his
penis into her vagina and executed a push
and pull movement in the dog’s way of
sexual intercourse.
 People vs Torrefiel (1947)
 The novelty of the manner in which the
accused raped the victim by winding
cogon grass around his genitals
augmented the wrong done by increasing
its pain and adding ignominy thereto.
 QUALIFIED RAPE
RECLUSION PERPETUA-No Parole (RA 9346)

• When by reason or on occasion of the rape, a homicide is

committed.
• When the victim is under 18 yrs old and the offender is a
parent, ascendant, stepparent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim.
• When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution.
• When the rape is committed in full view of the husband,
parent, any of the children or other relatives within the third
civil degree of consanguinity.
• When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime.
• When the victim is a child below seven (7) years old.
• When the offender knows that he is inflicted with HIV
AIDS or any other sexually transmissible disease and the
virus or disease is transmitted to the victim.
• When committed by any member of the Armed Forces of
the Philippines or paramilitary units of the Philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his
position to facilitate the commission of the crime.
• When by reason or on occasion of the rape, the victim
suffered permanent mutilation or disability.
• When the offender knew the pregnancy of the offended
party at the time of the commission of the crime.
• When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.
 TAKE NOTE:

• Marriage between offender and offended party

extinguishes criminal action or penalty but not if
marriage is void ab initio.

• Pardon by the offended party does not extinguish

criminal liability, only civil liability.
 People vs Jose
There were four participants here. They
abducted the woman, after which, the four took
turns in abusing her. It was held that each one of
the four became liable not only for his own rape
but also for those committed by the others. 
Each of the four offenders was convicted of four
rapes.
 CONSENT: DEFINITION
 There is considerable confusion regarding
what is meant by “consent”. Frequently, if
the victim did not actively resist by
shouting for help, fighting back or running
away, many investigators assume that she
willingly participated.
 What is “Consent”?
 NOTE: There is NO issue of
consent for child victims
under the age of 12 years old.
Children under 12 CANNOT
give their consent
 WHEN MARRIAGE IS
AVAILABLE
 Further, there can be no valid marriage
between an offender and any child victim as
the Family Code mandates that marriage may
only be entered into when the parties to the
marriage are at least 18 years old and have the
consent of their parents. Any marriage entered
into before a party reaches the age of 18 is
void from the beginning. A parent cannot give
consent to a child who may want to marry
before she turns 18 years old.
 EFFECT OF FORGIVENESS
 The rape law recognizes the legal marriage
between the victim and rapist as a valid exception.
When the offender is the proven legal husband of
the victim, the subsequent forgiveness by his wife
will extinguish the criminal charge and its penalty.
 This exception is valid only for legal marriages,
however; the crime shall not be expunged nor the
penalty abated if the man and woman are merely
living together or if the marriage is void ab initio
(void from the beginning).
 VOID MARRIAGES
 Party is below 18 years old, even with
consent of parents
 Solemnizing officer is not authorized to
perform marriages, unless good faith
 No marriage license
 Bigamous or polygamous marriages
 When there is a mistake as to identity
 When you marry without registering
nullity of prior marriage or delivering
legitime to children (Art. 35 and 53)
 Article 246. Parricide

Elements
 1. A person is killed;

 2. The deceased is killed by the accused;

 3. The deceased is the father, mother, or

child, whether legitimate or illegitimate, or

a legitimate other ascendant or other
descendant, or the legitimate spouse, of
the accused.
 This is a crime committed between people
who are related by blood. Between
spouses, even though they are not related
by blood, it is also parricide.
 The relationship must be in the direct
line and not in the collateral line.
 The relationship between the offender and
the offended party must be legitimate,
except when the offender and the
offended party are related as parent
and child.
(A) Great Grandfather
ILLEGITIMATE

(B) Grandfather
LEGITIMATE

(C) Father
LEGITIMATE

(D) Son
LEGITIMATE

(E) Grandson
Article 247. Death or Physical Injuries Inflicted
under Exceptional Circumstances
 Elements
 1. A legally married person, or a parent, surprises
his spouse or his daughter, the latter under 18 years
of age and living with him, in the act of committing
sexual intercourse with another person;
 2. He or she kills any or both of them, or inflicts
upon any or both of them any serious physical
injury in the act or immediately thereafter;
 3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that he or
she has not consented to the infidelity of the other
spouse.
 Two stages contemplated before the
article will apply:
(1) When the offender surprised the other spouse
with a paramour or mistress. The attack must take
place while the sexual intercourse is going on. If
the surprise was before or after the intercourse, no
matter how immediate it may be, Article 247 does
not apply.
(2) When the offender kills or inflicts serious physic
al injury upon the other spouse and/or paramour
while in the act of intercourse, or immediately
thereafter, that is, after surprising.
 The phrase “immediately thereafter”
has been interpreted to mean that
between the surprising and the killing of
the inflicting of the physical injury, there
should be no break of time. In other
words, it must be a continuous process.
 The phrase “living with them” is
understood to be in their own dwelling,
because of the embarrassment and
humiliation done not only to the parent
but also to the parental abode.
Article 248. Murder
1. A person was killed;
2. Accused killed him;
3. The killing was attended by any of the following qualifying circumstances
a) With treachery, taking advantage of superior strength, with the aid
or armed men, or employing means to waken the defense, or of
means or persons to insure or afford impunity;
b) In consideration of a price, reward or promise;
c) By means of inundation, fire, poison, explosion, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, fall of an airship, by
means of motor vehicles, or with the use of any other means involving
great waste and ruin;
d) On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamity;
e) With evident premeditation;
f) With cruelty, by deliberately and inhumanly augmenting the suffering
of the victim, or outraging or scoffing at his person or corpse.
4. The killing is not parricide or infanticide.
 Special Laws
 RA 9165 Section 25. Qualifying Aggravating Circumstances
in the Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding for the
use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender,
and the application of the penalty provided for in the Revised
Penal Code shall be applicable.
 RA 7659 sec. 23. Organized or syndicated crime group -An
organized/syndicated crime group means a group of two or
more persons collaborating, confederating or mutually helping
one another for purposes of gain in the commission of any
crime.
 Illustration:
 Two people engaged in a quarrel and they hacked
each other, one killing the other. Up to that
point, the crime is homicide. 
 However, if the killer tried to dismember the
different parts of the body of the victim, indicative
of an intention to scoff at or decry or humiliate the
corpse of the victim, then that would have been
murder because this circumstance is recognized
under Article 248, even though it was inflicted or
was committed when the victim was already dead.
 Jurisprudence
(1) Killing of a child of tender age is murder 
qualified by treachery because the weakness
of the child due to his tender age results in
the absence of any danger to the aggressor.
(2) Evident premeditation is absorbed in 
price reward or promise, if without the
premeditation the inductor would not have
induced the other to commit the act but not
as regards the one induced.
(3) Abuse of superior strength is inhere
nt in and comprehended by the
circumstance of treachery or forms part
of treachery.
(4) Treachery is inherent in poison.
Poison absorbs treachery
(5) Killing of the victims hit by hand 
grenade thrown at them is murder
qualified by explosion not by treachery.
 EVIDENT PREMEDITATION

SUFFICIENT LAPSE OF
TIME
-COLD AND DEEP MEDITATION,
AND TENECIOUS PERSISTENCE
IN THE ACCOMPLISHMENT OF EXECUTIO
PLANNING THE CRIMINAL ACT. (People vs. N
Gonzales, 76 Phil. 473.)
 Sufficient Lapse of Time
 US vs. Blanco, 18 Phil. 206- quarter of an hour is NOT
enough period of time.
 People vs. Pantoja, October 11, 1968- half an hour is
insufficient for full meditation and reflection.
 People vs. Dumdum, Jr. July 30, 1979- one hour is
sufficient time.
 People vs. Crisostomo, October 23, 1981- Two hours is
insufficient.
Article 249. Homicide
Elements
1.  A person was killed; 

2. Offender killed him without any justifying

circumstances; 
3. Offender had the intention to kill, which is
presumed; 
4. The killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide.
 Homicide is the unlawful killing of a person not

constituting murder, parricide or infanticide.

Article 255. Infanticide
Elements
1. A child was killed by the accused;

2. The deceased child was less than 72 hours old.

 This is a crime based on the age of the
victim. The victim should be less than
three days old. The offender may actually be
the parent of the child. But you call the crime
infanticide, not parricide, if the age of the victim
is less than three days old. If the victim is three
days old or above, the crime is parricide.
 SUMMARY
1. CHECK IF THE VICTIM IS LESS THAN 3
DAYS OLD (72 HOURS)- INFANTICIDE
2. IF NO- CHECK IF THERE IS RELATIONSHIP
BETWEEN THE OFFENDER AND THE
OFFENDED PARTY FOR PURPOSES OF
PARRICIDE-PARRICIDE
3. IF NO- CHECK IF A QUALIFYING
CIRCUMSTANCE IS PRESENT- MURDER
4. IF NONE- HOMICIDE
Article 251. Death Caused in A Tumultuous Affray
Elements
1. There are several persons;
2. They do not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally;
3. These several persons quarreled and assaulted one another
in a confused and tumultuous manner;
4. Someone was killed in the course of the affray;
5. It can not be ascertained who actually killed the deceased;
6. The person or persons who inflicted serious physical injuries
or who used violence can be identified.
 Tumultuous affray simply means a commotion in a tumultuous

and confused manner, to such an extent that it would not be

possible to identify who the killer is if death
results , or who inflicted the serious physical injury, but the
person or persons who used violence are known.
Article 253. Giving Assistance to Suicide
Acts punished
1. Assisting another to commit suicide, whether the
suicide is consummated or not;
2. Lending his assistance to another to commit suicide
to the extent of doing the killing himself.
 Giving assistance to suicide means giving means

(arms, poison, etc.) or whatever manner of positive

and direct cooperation (intellectual aid, suggestions
regarding the mode of committing suicide, etc.).
 In this crime, the intention must be for the person

who is asking the assistance of another to commit

suicide.
Article 254. Discharge of Firearms
Elements
1. Offender discharges a firearm against or at
another person;
2. Offender had no intention to kill that person.
 This crime cannot be committed through
imprudence because it requires that the discharge
must be directed at another. If the firearm
is directed at a person and the trigger was
pressed but did not fire, the crime is frustrated
discharge of firearm. If the discharge is not
directed at a person, the crime may constitute
alarm and scandal.
 Jurisprudence
1. If serious physical injuries resulted from
discharge, the crime committed is the complex
crime of serious physical injury with illegal
discharge of firearm, or if less serious physical
injury, the complex crime of less serious
physical injury with illegal discharge of firearm
will apply.
2. Firing a gun at a person even if merely to
frighten him constitutes illegal discharge
of firearm.
Article 256. Intentional Abortion
Acts punished
 Using any violence upon the person of the pregnant woman;

 Acting, but without using violence, without the consent of the woman. (By

administering drugs or beverages upon such pregnant woman without

her consent.)
 Acting (by administering drugs or beverages), with the consent of the pregnant

woman.

Elements
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages administered, or that the accused
otherwise acts upon such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her, or any other act
of the accused, the fetus dies, either in the womb or after having been expelled
therefrom;
4. The abortion is intended. Abortion is the violent expulsion of a fetus from the
maternal womb. If the fetus has been delivered but it could not subsist by itself, it
is still a fetus and not a person. Thus, if it is killed, the crime committed is abortion
not infanticide.
Article 257. Unintentional Abortion
Elements
1. There is a pregnant woman;

2. Violence is used upon such pregnant woman without

intending an abortion;
3. The violence is intentionally exerted;

4. As a result of the violence, the fetus dies, either in the

womb or after having been expelled therefrom.

 Unintentional abortion requires physical violence inflicted

deliberately and voluntarily by a third person upon the
person of the pregnant woman. Mere intimidation is not
enough unless the degree of intimidation already
approximates violence.
Article 258. Abortion Practiced by the 
Woman Herself or by Her Parents
Elements
 1. There is a pregnant woman who has

suffered an abortion;
 2. The abortion is intended;

 3. Abortion is caused by
 a. The pregnant woman herself;
 b. Any other person, with her consent; or
 c. Any of her parents, with her consent for the
purpose of concealing her dishonor.
Article 262. Mutilation
Acts punished
1. Intentionally mutilating another by depriving
him, either totally or partially, of some
essential organ for reproduction;
Elements
a. There be a castration, that is, mutilation of
organs necessary for generation, such as the
penis or ovarium;
b. The mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for reproduction
2. Intentionally making other mutilation,
that is, by lopping or clipping off any part
of the body of the offended party, other
than the essential organ for reproduction,
to deprive him of that part of his body.
INTENTION vs NO INTENTION

Attempted
Homicide/Murder/ Physical Injuries
Parricide/Infanticide
 Intent to KILL
 In People v. Delim G.R. No. 142773, January 28,
2003 the Court declared that evidence to prove intent to
kill in crimes against persons may consist, inter alia,
 a) in the means used by the malefactors,
 b) the nature, location and number of wounds sustained
by the victim,
 c) the conduct of the malefactors before, at the time, or
immediately after the killing of the victim,
 d) the circumstances under which the crime was
committed and
 e) the motives of the accused.
 If the victim dies as a result of a deliberate act of the
malefactors, intent to kill is presumed.
 Summary of PI

Serious PI
- More than 30
LSPI days
- 10 to 30 days -incapacitated for
Slight PI labor/medical
- incapacitated for attendance
-9 days and below labor/medical
attendance
-incapacitated for
labor/medical
attendance
Article 263. Serious Physical Injuries
How committed
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.

 In one case, the accused, while conversing with the

offended party, drew the latter’s bolo from its scabbard.
The offended party caught hold of the edge of the blade
of his bolo and wounded himself. It was held that since
the accused did not wound, beat or assault the offended
party, he can not be guilty of serious physical injuries.
SERIOUS PHYSICAL INJURIES

 1. When the injured person becomes insane, imbecile, impotent or blind in

consequence of the physical injuries inflicted;
 2. When the injured person
  a. Loses the use of speech or the power to hear or to smell, or loses an eye, a
hand, afoot, an arm, or a leg;
 b. Loses the use of any such member; or
 c. Becomes incapacitated for the work in which he was theretofore habitually
engaged, inconsequence of the physical injuries inflicted;
 3. When the person injured
 a. Becomes deformed; or
 b. Loses any other member of his body;
 c. Loses the use thereof; or
 d. Becomes ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days in consequence of the physical injuries
inflicted;
 4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the
physical injuries inflicted.
 Deformity
1. Permanent
2. Visible
3. Physically Ugly
 Example
 (a)  Loss of molar tooth – This is not
deformity as it is not visible.
 (b)  Loss of permanent front tooth – This
is deformity as it is visible and permanent.
 (c)  Loss of milk front tooth – This is not
deformity as it is visible but will be
naturally replaced.
SERIOUS PHYSICAL INJURIES

 1. When the injured person becomes insane, imbecile, impotent or blind in

consequence of the physical injuries inflicted;
 2. When the injured person
  a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand,
afoot, an arm, or a leg;
 b. Loses the use of any such member; or
 c. Becomes incapacitated for the work in which he was theretofore habitually engaged,
inconsequence of the physical injuries inflicted;
 3. When the person injured
 a. Becomes deformed; or
 b. Loses any other member of his body;
 c. Loses the use thereof; or
 d. Becomes ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days in consequence of the physical injuries
inflicted;
 4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the physical
injuries inflicted.
Article 264. Administering Injurious Substances or
Beverages
Elements
1. Offender inflicted upon another any
serious physical injury;
2. It was done by knowingly administering to
him any injurious substance or beverages
or by taking advantage of his weakness of
mind or credulity;
3. He had no intent to kill.
Article 265. Less Serious Physical Injuries

Matters to be noted in this crime

 1. Offended party is incapacitated for labor for 10 days or more (but not

more than 30 days), or needs medical attendance for the same period of
time;
 2. The physical injuries must not be those described in the preceding

articles.

Qualified as to penalty
 1. A fine not exceeding P 500.00, in addition to arresto mayor, shall be

imposed for less serious physical injuries when

 a. There is a manifest intent to insult or offend the injured person; or
 b. There are circumstances adding ignominy to the offense.
 2. A higher penalty is imposed when the victim is either
 a. The offender’s parents, ascendants, guardians,
 curators or teachers; or
 b. Persons of rank or person in authority, provided the crime is not direct assault.
Article 266. Slight Physical Injuries and
Maltreatment

Acts punished
1. Physical injuries incapacitated the offended party for
labor from one to nine days, or required medical
attendance during the same period;
2. PHYSICAL INJURIES WHICH DID NOT PREVENT THE
OFFENDED PARTY FROM ENGAGING IN HIS HABITUAL
WORK OR WHICH DID NOT REQUIRE MEDICAL
ATTENDANCE;
3. Ill-treatment of another by deed without causing any
injury. This involves even ill-treatment where there is
no sign of injury requiring medical treatment.
 TITLE TEN
CRIMES AGAINST PROPERTY

ROBBERY IN GENERAL: (293)

1. That there be personal property belonging to another.

2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any
person, or force upon anything.
 Belonging to another – person from whom property was taken need not
be the owner, legal possession is sufficient
 Name of the real owner is not essential so long as the personal property
taken does not belong to the accused except if crime is robbery with
homicide
 Taking of personal property – must be unlawful; if given in trust –
estafa
 As to robbery with violence or intimidation – from the moment the
offender gains possession of the thing even if offender has had no
opportunity to dispose of the same, the unlawful taking is complete
 As to robbery with force upon things – thing must be taken out of the
building
 Intent to gain – presumed from unlawful taking
 Taking must not be under the claim of title or ownership
 When there’s no intent to gain but there is violence in the taking –
grave coercion
 Violence or intimidation must be against the person of the offended
party, not upon the thing
 ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSON: (294)
ELEMENTS
1. Acts punished as robbery with violence against or intimidation of
persons
2. By reason or on occasion of the robbery, the following are
committed:
a. Homicide,
b. Robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile,
impotent or blind
c. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any
such member, incapacitated for work habitually engaged in
d. Violence/intimidation shall have been carried to a degree clearly unnecessary for
the crime or when in the cause of its execution – SPI/deformity, or shall have
lost any part of the body or the use thereof or shall have been ill or
incapacitated for the performance of the work for > 90 days; > 30 days
3. Any kind of robbery with less serious physical injuries or slight
physical injuries
 Order…
1. Robbery with Homicide
2. Robbery with Rape
3. Robbery with Mutilation
4. Robbery with Arson (RA 7659)
5. Robbery with Serious Physical Injuries
 Is Rape aggravating
in Robbery with Homicide?
 Indeed, the special complex crime contemplated in the foregoing provision
does not include Rape. However, there can be no question, and this
appellant admits in Ms Brief, that Rape committed on the occasion of
Robbery with Homicide increases the moral evil of the crime. Moreover, it is
incorrect to state that there is no law which considers Rape as an
aggravating circumstance simply because it is not specifically enumerated in
Article 14 of the Revised Penal Code as an aggravating circumstance. As
enunciated in the case of People vs. Racaza, 82 Phil. 623,(1949), 
 ...Rapes, wanton robbery for personal gain, and other forms of cruelties are
condemned and their perpetration will be regarded as aggravating
circumstances of ignominy and of deliberately augmenting unnecessary
wrongs to the main criminal objective, under paragraphs 17 and 21 of
Article 14 of the Revised Penal Code. ...
 People vs. Ganal, et al., 85 Phil. 743 (1950); People vs. Carillo, 85 Phil. 611
(1950); People vs. Bacsa, 104 Phil. 136 (1958); People vs. Tarrayo, 27
SCRA 953 (1969); People Mongado, 28 SCRA 643 (1969)
 ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP: (299)

1. That the offender entered (a) an inhabited house, or (b) public

buildings, or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
a) Through an opening not intended for entrance or egress.
b) By breaking any wall, roof, or floor or breaking any door or
window.
c) By using false keys, picklocks or similar tools or.
d) By using any fictitious name or pretending the exercise of public
authority.
3. That once inside the building, the offender took personal
property belonging to another with intent to gain.
Or if
 by the breaking of doors, wardrobes, chests, or any other kind of locked
or sealed furniture or receptacle, or
 by taking such furniture or objects away to be broken or forced open
outside the place of the robbery.
 ROBBERY IN AN UNINHABITED PLACE OR IN
A PRIVATE BUILDING: (302)
ELEMENTS
1. That the offender entered an uninhabited place or a building which was not
a dwelling house, not a public building, or not an edifice devoted to
religious worship.
2. That any of the following circumstances was present:

a. That with intent to gain the offender took there from personal property
belonging to another.
b. That entrance was effected through an opening not intended for
entrance or egress.
c. A wall, roof, floor, or outside door or window was broken.
d. The entrance was effected through the use of false keys, picklocks or
other similar tools.
Or if
3. A door, wardrobe, chest, or any sealed or closed furniture or receptacle 
was broken or
4. A closed or sealed receptacle was removed, even if the same be broken
open elsewhere.
 PRESIDENTIAL DECREE NO. 532
(Anti-Piracy and Anti-Highway Robbery Law)

What is PIRACY?
Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof, or its cargo, equipment,
or the personal belonging of its complement or passengers,
irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things.

Who may commit PIRACY?

Any person, including a passenger or member of the
crew/complement of the vessel.

Where may PIRACY be committed?

Only in Philippine waters.
 PIRACY
PD 532 vs. ART. 122 of the RPC

P.D. No. 532 ARTICLE 122, RPC

1) Piracy can only be committed 1) Piracy can be committed both

on Philippine territorial waters. on the high seas and on
Philippine territorial waters.

2) Can be committed by ANY 2) Can only be committed by a

PERSON including a passenger person who is not a passenger
or member of the complement of nor member of the complement
the vessel. of the vessel.
What is HIGHWAY ROBBERY or BRIGANDAGE?

It is the-
1) The seizure of any person for ransom, extortion or
other unlawful purposes, or

2) Taking away of the property of another by means

of violence against or intimidation of persons or
force upon things or other unlawful means.

WHERE?
On any PHILIPPINE HIGHWAY.
What is a PHILIPPINE HIGHWAY?

Any road, street, passage, highway and

bridges or other parts thereof, or railways
or railroad within the Philippines used by
persons, or vehicles, or locomotives or
trains for the movement or circulation of
persons or transportation of goods,
articles, or property or both.
 What is the purpose of the accused in Highway
Robbery or Brigandage?

The purpose of brigandage is INDISCRIMINATE

HIGHWAY ROBBERY (i.e. victim could be any
person or persons that passes through a Philippine
Highway).

If the purpose is only a particular robbery (i.e.

there is a predetermined or particular victim), the
crime is only Robbery or Robbery in band if there
are at least 4 armed participants.
Q: Is the number of perpetrators an
essential element of Highway Robbery or
Brigandage?

A: No. The perpetrator could be a single

person or a group of persons not necessarily
at least four (4) armed persons.
Q: Is the fact that Robbery was committed on
Philippine Highway makes it Highway Robbery
or Brigandage?

A: No. The mere fact that robbery was

committed on Philippine Highway does not
give rise to Highway Robbery or Brigandage.
The intent of indiscriminate highway robbery
must be present.
 THEFT: (308)
ELEMENTS
 That there be taking of personal property.

 That said property belongs to another.

 That the taking be done with intent to gain.

 That the taking be done without the consent of

the owner.
 That the taking be accomplished without the use

of violence against or intimidation of persons or

force upon things.
Persons liable:
 1. Those who

a. with intent to gain

b. but without violence against or intimidation

of persons not force upon things
c. take personal property of another without
the latter’s consent
 2. Those who

a. having found lost property

b. fail to deliver the same to local authorities or

its owner
 Theft is consummated when offender is able to place the
thing taken under his control and in such a situation as
he could dispose of it at once (though no opportunity to
dispose)
 P v. Espiritu – full possession is enough. THE CONTROL
TEST
 P v. Dino – applies only in theft of bulky goods (meaning
there has to be capacity to dispose of the things).
 Servant using car without permission deemed qualified
theft though use was temporary
 Reyes says: there must be some character of
permanency in depriving owner of the use of the object
and making himself the owner, therefore must exclude
“joyride”
 QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
 Art. 315. Swindling (estafa). — Any person who shall
defraud
 1. With unfaithfulness or abuse of confidence, namely:
 
 (a) By altering the substance, quantity, or quality or
anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration.
 (b) By misappropriating or converting, to the prejudice
of another, money, goods, or any other personal property
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, even
though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money,
goods, or other property.
 (c) By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.
 (d) By post-dating a check, or issuing a check in
payment of an obligation when the offender therein
were not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the
payee or holder that said check has been dishonored
for lack of insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved
June 17, 1967.)]
 (e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house and the like without paying therefor, with
intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or
apartment house by the use of any false pretense,
or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or
accommodation therein without paying for his
food, refreshment or accommodation.
 2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously
with the commission of the fraud:
 
 (a) By using fictitious name, or falsely pretending to

possess power, influence, qualifications, property,

credit, agency, business or imaginary transactions, or
by means of other similar deceits.
 (b) By altering the quality, fineness or weight of

anything pertaining to his art or business.

 (c) By pretending to have bribed any Government

employee, without prejudice to the action for calumny

which the offended party may deem proper to bring
against the offender. In this case, the offender shall be
punished by the maximum period of the penalty.
 3. Through any of the following fraudulent
means:
 
 (a) By inducing another, by means of
deceit, to sign any document.
 (b) By resorting to some fraudulent
practice to insure success in a gambling
game.
 (c) By removing, concealing or destroying,
in whole or in part, any court record, office
files, document or any other papers.
 Art. 316. Other forms of swindling. — The penalty
of arresto mayor in its minimum and medium
period and a fine of not less than the value of the
damage caused and not more than three times
such value, shall be imposed upon:
 1. Any person who, pretending to be owner of any
real property, shall convey, sell, encumber or
mortgage the same.
 2. Any person, who, knowing that real property is
encumbered, shall dispose of the same, although
such encumbrance be not recorded.
 3. The owner of any personal property who shall
wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.
 4. Any person who, to the prejudice of another, shall
execute any fictitious contract.
 5. Any person who shall accept any compensation
given him under the belief that it was in payment of
services rendered or labor performed by him, when
in fact he did not actually perform such services or
labor.
 6. Any person who, while being a surety in a bond
given in a criminal or civil action, without express
authority from the court or before the cancellation
of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage,
or, in any other manner, encumber the real property
or properties with which he guaranteed the
fulfillment of such obligation.
 Arson
 PD 1613
 Sec. 2. Destructive Arson. The penalty of Reclusion Temporal in its
maximum period to Reclusion Perpetua shall be imposed if the property
burned is any of the following:
 1. Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored.
 2. Any archive, museum, whether public or private, or any edifice devoted
to culture, education or social services.
 3. Any church or place of worship or other building where people usually
assemble.
 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property
 4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
 5. Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house or any
similar place or building.
 6. Any building, whether used as a dwelling or not, situated in a populated
or congested area.
 Sec. 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
 1. Any building used as offices of the government or any
of its agencies;
 2. Any inhabited house or dwelling;
 3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
 4. Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
 4. Any rice mill, sugar mill, cane mill or mill central; and
 5. Any railway or bus station, airport, wharf or
warehouse.
 Sec. 4. Special Aggravating Circumstances in
Arson. The penalty in any case of arson shall be
imposed in its maximum period;
 1. If committed with intent to gain;
 2. If committed for the benefit of another;
 3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned;
 4. If committed by a syndicate.
 The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or
more persons.
 ARSON WITH HOMICIDE
 Sec. 5. Where Death Results from Arson.
If by reason of or on the occasion of the
arson death results, the penalty of
Reclusion Perpetua to death shall be
imposed.
 FRUSTRATED ARSON
US v. Valdez G.R. No. L-14128 December 10, 1918
The offender had tried to burn the premises by gathering jute
sacks laying these inside the room. He lighted these, and as soon as
the jute sacks began to burn, he ran away. The occupants of the room
put out the fire. The court held that what was committed was
frustrated arson.

People vs Garcia
The Supreme Court followed the analysis that one cannot say that
the offender in the crime of arson has already performed all the acts of
execution which would produce the arson as a consequence, unless
and until a part of the premises had begun to burn.
 MALICIOUS MISCHIEF: (326)

ELEMENT
1. That the offender deliberately caused
damage to the property of another.
2. That such act does not constitute arson
or other crimes involving destruction.
3. That the act damaging another’s property
be committed merely for the sake of
damaging it.
 SPECIAL CASES OF MALICIOUS MISCHIEF: (328)

ELEMENTS
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library,
archive, registry, waterworks, road, promenade, or any
other thing used in common by the public.
OTHER MISCHIEF: (329)
 Not included in 328

 Scattering human excrement

 Killing of cow as an act of revenge

 TITLE ELEVEN
CRIMES AGAINST CHASTITY

 Private Crime
 Can only be prosecuted at the instance of a
private offended party.
 Rape is now a PUBLIC CRIME
 ADULTERY: (333)

1. That the woman is married (even if

marriage subsequently declared void)
2. That she has sexual intercourse with a
man not her husband.
3. That as regards the man with whom she
has sexual intercourses, he must know
her to be married.
 TAKE NOTE…
 Every sexual intercourse in adultery is one (1)
count of adultery.
 A man (paramour) having sexual intercourse
with a married woman is also liable for adultery-
provided knowledge is present.
 Without any qualification, the moment a married
woman have sex with a paramour or anybody
(not her husband) is liable for adultery.
 The person a married woman having sexual
intercourse course with must be a MAN-
compare this with Art. 247.
 CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed ANY of the following acts:
a. Keeping a mistress in the conjugal dwelling.

b. Having sexual intercourse under scandalous

circumstances with a woman who is not his
wife.
c. Cohabiting with her in any other place.

3. That as regards the woman she must know him

to be married.
 TAKE NOTE…
 Concubinage is a continuing crime- series
of acts constitute only one (1) count of
concubinage.
 Sexual intercourse alone is not enough,
ANY of the circumstances must be
present.
 The mistress of the husband who is a
woman is also liable for CONCUBINAGE.
 CONCUBINAGE-ADULTERY

WIFE (A)-HUSBAND (B) WIFE (C)-HUSBAND (D)

 ACTS OF LASCIVIOUSNESS (336)
1. ELEMENT
2. That the offender commits any act of lasciviousness or
lewdness.
3. That it is done under any of the following
circumstances:
a. by using force or intimidation, or

b. when the offended party is deprived of reason or

otherwise unconscious, or
c. when the offended party is under 12 years of age.
4. That the offended party is another person of either sex.
 Article 339. Acts of Lasciviousness with
the Consent of the Offender Party
Elements
 1.Offender commits acts of lasciviousness or

lewdness;
 2.The acts are committed upon a woman who is

a virgin or single or widow of good reputation,

under 18 years of age but over 12 years, or a
sister or descendant, regardless of her
reputation or age;
 3.Offender accomplishes the acts by abuse of

authority, confidence, relationship, or deceit.

 QUALIFIED SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by certain
persons, such as a person in authority, priest, teachers etc and
2. Seduction of a sister by her brother or descendant by her
ascendant, regardless of her age or reputation (incestuous
seduction)
Elements:
3. That the offended party is a virgin, which is  (presumed if she is
unmarried and of good reputation. Pp vs Ramos)
4. That she must be over 12 and under 18 years of age.
5. That the offender has sexual intercourse with her.
6. That there is abuse of authority, confidence or relationship on the
part of the offender ( person entrusted with education or custody
of victim; person in public authority, priest; servant)
 SIMPLE SEDUCTION: (338)
ELEMENTS
1. That the offended party is over 12 and under
18 years of age.
2. That she must be of good reputation, single or
widow.
3. That the offender has sexual intercourse with
her.
4. That it is committed by means of deceit.
 Common form is unconditional promise to marry
 FORCIBLE ABDUCTION: (342)

ELEMENTS
1. That the person abducted is any woman,
regardless of her age, civil status, or
reputation.
2. That the abduction is against her will.

3. That the abduction is with lewd designs.

 CONSENTED ABDUCTION: (343)

ELEMENT
1. That the offended party must be a virgin.

2. That she must be over 12 and under 18

years of age.
3. That  the taking away of the offended
party must  be with her consent, after
solicitation or cajolery from the offender.
4. That the taking away of the offended
party must be with lewd designs.
 TITLE TWELVE

CRIMES AGAINST THE CIVIL

STATUS OF PERSONS
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER,
AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD:
(347)

Acts Punished:
 1. Simulation of births

 2. Substitution of one child for another

 3. Concealing or abandoning any legitimate child

with the intent to cause such child to lose its civil

status
 USURPATION OF CIVIL STATUS: (348)
 Committed by a person who represents himself as
another and assumes the filiation or rights pertaining to
such person (If committed with IT, cybercrime-identity
theft)
 There must be criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled
thereto
 Committed by assuming the filiation, or the parental or
conjugal rights of another
 Circumstances qualifying the offense: penalty is heavier
when the purpose of the impersonation is to defraud the
offended party or his heirs.
 BIGAMY: (349)
ELEMENTS
1. That the offender has been legally married.

2. That the marriage has not been legally

dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be
presumed dead according to the civil code.
3. That he contracts a second or subsequent
marriage.
4. That the second or subsequent marriage has all
the essential requisites for validity.
 TITLE THIRTEEN
CRIMES AGAINST HONOR
 LIBEL: (353)
1. That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstances.
2. That the imputation must be made publicly
(publication).
3. That it must be malicious.
4. That the imputation must be directed at a natural or
juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor,
discredit or contempt of the person defamed
 Exception:
 PRIVATE COMMUNICATION IN PERFORMANCE OF LEGAL, MORAL
OR SOCIAL DUTY
Requisites:
 that the person who made the communication had a legal, moral or

social duty to make the communication or at least he had an

interest to be upheld
 that the communication is addressed to an officer or a board, or

superior, having some interest or duty on the matter

 that the statements in the communication are made in good faith

without malice in fact

 fair and true report, made in good faith, without any comments and

remarks
 Newsweek v IAC
 Newsweek portrayed the island province of Negros Occidental as
“An Island of Fear”, a place dominated by big landowners or
sugarcane planters who not only exploited the impoverished
workers, but also brutalized and killed them with impunity.
Plaintiffs are associations of sugarcane planters.

DISMISSED.
To maintain a libel suit, the specific victim must be identifiable.
Defamatory remarks directed at a group of persons are not
actionable unless the statements are all-embracing or sufficiently
specific for victim to be identifiable. An action for libel allegedly
directed against a group of sugar planters cannot be done by
resort to filing a class suit as each victim has his specific
reputation to protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the community.
 Pp vs Beltran
 Libel case filed by then Pres. Cory Aquino
against Luis Beltran regarding a
newspaper article imputing that Pres.
Aquino hid under her bed during the 1989
Coup attempt.
 SC dismissed the case. “government
officials should not be onion skinned”
 Maria Victoria G. Belo-Henares vs. Atty. Roberto "Argee" C. Guevarra
A.C. No. 11394. December 1, 2016

 In 2009, respondent wrote a series of posts on his

Facebook account insulting and verbally abusing
complainant. His posts include the following excerpts:
 Argee Guevarra Quack Doctor Becky Belo: I am out to
get Puwitic Justice here! Kiss My Client’s Ass, Belo.
Senator Adel Tamano, don’t kiss Belo’s ass. Guys and
girls, nagiisip na akong tumakbo sa Hanghalan 2010 to
Kick some ass!!! I will launch a national campaign
against Plastic Politicians -No guns, No goons, No gold -
IN GUTS I TRUST!
 Argee Guevarra Dr. Vicki Belo, watch out for Josefina
Norcio’s Big Bang on Friday -You will go down in Medical
History as a QUACK DOCTOR!!!! QUACK QUACK QUACK
QUACK
 ORAL DEFAMATION/SLANDER: (358)

1. Action of a serious and insulting nature (Grave

slander)
2. Light insult or defamation – not serious in
nature (simple slander)
Factors that determine gravity of the offense:
3. expressions used
4. personal relations of the accused and the
offended party
5. circumstances surrounding the case
 SLANDER BY DEED: (359)
1. That the offender performs any act not
included in any other crime against honor.
2. That such act is performed in the presence of
other person or persons.
3. That such act casts dishonor, discredit or
contempt upon the offended party.
P v Motita
 Accused held a mirror between the legs of
complainant to reflect her private parts. The
crowd laughed. Guilty of slander by deed.
 INTRIGUING AGAINST HONOR (364)

How committed:
 -by any person who shall make any

intrigue which has for its principal purpose

to blemish the honor or reputation of
another person
 RECKLESS IMPRUDENCE: (365)
ELEMENTS
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:
 his employment or occupation
 degree of intelligence, physical condition, and
 other circumstances regarding persons, time and place.
 Failure to lend on the spot assistance to victim of his
negligence: penalty next higher in degree.
 SIMPLE IMPRUDENCE: (365)

ELEMENT
 That there is lack of precaution on the

part of the offender.

 That the damage impending to be caused

in not immediate or the danger is not

clearly manifest.
 Last Clear Chance
 A principle of tort law which requires an
individual to take every action at hand to
avoid an accident where peril to another
human being is otherwise imminent.
 TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

 KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)

 Elements:
 Offender is a private individual
 He kidnaps or detains another, or in any other manner deprives the
latter of his liberty
 The act of detention or kidnapping must be illegal
 That in the commission of the offense, ANY of the following
circumstances are present (becomes serious)
 That the he kidnapping/detention lasts for more than 3 days
 That it is committed simulating public authority
 That any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made, or
 That the person kidnapped or detained is a minor (except if parent is the
offender), female or a public officer
 When death penalty is imposed:
 If kidnapping is committed for the purpose of
extorting ransom either from the victim or from any
other person even if none of the aforementioned are
present in the commission of the offense (even if
none of the circumstances are present)
 (Last paragraph amendment) When the victim is
killed or dies as a consequence of the detention or
is raped or is subjected to torture or dehumanizing
acts
 RA 7659 Special Complex Crime (Kidnapping with
Murder/Kidnapping with Homicide/Kidnapping with
Rape)
 Where the victim was taken from his house, solely
for purposes of killing him and not for detaining him
illegally for any length of time or for obtaining
ransom for his release, the crime committed was
simple murder, not the complex crime of kidnapping
with murder (People vs Camo et. Al., 91 Phil. 240)
 If the primary and ultimate purpose of the accused
is to kill the victim, the incidental deprivation of the
victim’s liberty does not constitute the felony of
kidnapping but merely a preparatory act to killing,
and hence, is merged into, or absorbed by, the
killing of the victim. People vs Delim, GR No.
142773, January 28, 2003)
 SLIGHT ILLEGAL DETENTION (268)
 ELEMENTS
 Offender is a private person
 He kidnaps or detains another or in any other manner deprives

him of his liberty / furnished place for the perpetuation of the

crime
 That the act of detention or kidnapping must be illegal

 That the crime is committed without the attendant of any of the

circumstances enumerated in Art 267

 Privileged mitigating circumstances:
 If the offender:
 voluntarily releases the person so kidnapped or detained within

3 days from the commencement of the detention

 without having attained the purpose intended and

 before the institution of criminal proceedings against him

 UNLAWFUL ARREST: (269)
 ELEMENTS
 That the offender arrests or detains another
person
 That the purpose of the offender is to deliver
him to the proper authorities
 That the arrest or detention is not authorized
by law or there is no reasonable ground
therefore
 SLAVERY: (272)
 ELEMENTS
 That the offender purchases, sells, kidnaps or detains a human
being.
 That the purpose of the offender is to enslave such human
being.

 Note: Qualifying circumstance – if the purpose of the

offender is to assign the offended party to some immoral
traffic (prostitution), the penalty is higher

 Please take note of RA 9208 (Anti-Trafficking in

Persons Act of 2003?) and RA 10364 (Expanded
Anti-Trafficking in Persons Act of 2012)
 ABANDONMENT OF PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM: (275)

Acts punishable:
1. By failing to render assistance to any person whom the offender finds in an
inhabited place wounded or in danger of dying, when he can render such
assistance without detriment to himself, unless such omission shall
constitute a more serious offense
Elements:
 That place is not inhabited.
 The accused found there a person wounded or in danger of dying.
 The accused can render assistance without detriment to himself.
 The accused fails to render assistance.

2. By failing to help or render assistance to another whom the offender has

accidentally wounded or injured
3. By failing to deliver a child, under 7 whom the offender has found
abandoned, to the authorities or to his family, or by failing to take him to a
safe place.
 ABANDONING A MINOR: (276)
ELEMENTS
 That the offender has the custody of a child.

 That the child is under seven years of age.

 That he abandons such child.

 That he has no intent to kill the child when the latter is abandoned.

 Conscious, deliberate, permanent, unless punishable by a more

serious offense
Qualifying circumstances:
 when the death of the minor resulted from such abandonment

 if the life of the minor was in danger because of the

abandonment
 Take note of RA 7610 and RA 9262
 TRESPASS TO DWELLING: (280)
ELEMENTS
 That the offender is a private person.
 That he enters the dwelling of another.
 That such entrance is against the latter’s will.

 There must be an opposition to the entry of the accused

 Implied prohibition is present considering the situation – late at night and
everyone’s asleep or entrance was made through the window
 May be committed even by the owner (as against the actual occupant)

Not applicable to:

 Entrance is for the purpose of preventing harm to himself, the occupants or
a third person
 Purpose is to render some service to humanity or justice
 Place is a café, tavern etc while open
 OTHER FORMS OF TRESPASS: (281)

ELEMENTS
 That the offender enters the closed premises or

the fenced estate of another.

 That the entrance is made while either of which

is uninhabited.
 That the prohibition to enter be manifest.

 That the trespasser has not secured the

permission of the owner or the caretaker

thereof.
 GRAVE THREATS
WHERE OFFENDER ATTAINED HIS PURPOSE: (282)

Acts punishable:
 By threatening another with the infliction upon his person, honor

or property that of his family of any wrong amounting to a crime

and demanding money or imposing any other condition, even
though not unlawful and the offender (Note: threat is with
condition)
Elements:
1. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of the
latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition is
imposed, even though not unlawful.
4. That the offender attains his purpose.
 By making such threat without the offender attaining his purpose
 By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime,
the threat not being subject to a condition (Note: threat is without
condition)
Elements:
1. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of the
latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition

 Aggravating circumstances: if made in writing or thru a middleman

 Frustrated – if not received by the person being threatened
 Art 284 bond from good behavior may be imposed (only in these
offenses)
 LIGHT THREATS: (283)
ELEMENTS
1. That the offender makes a threat to commit a
wrong.
2. That the wrong does not constitute a crime.

3. That there is a demand for money or that other

condition is imposed, even though not unlawful
4. That the offender has attained his purpose or,
that he has not attained his purpose
 GRAVE COERCIONS: (286)
ELEMENTS
1. That a person prevented another from doing something
OR not to do something against his will, be it right or
wrong;
2. That the prevention or compulsion be effected by
violence, of force as would produce intimidation and
control the will.

 -That the person that restrained the will and liberty of

another had no authority of law or the right to do so,
or, the restraint shall not be made under authority of
law or in the exercise of any lawful right.
 RA 7890
 If the coercion be committed in violation
of the exercise of the right of suffrage, or
for the purpose of compelling another to
perform any religious act or to prevent
him from exercising such right or from so
doing such act, the penalty next higher in
degree shall be imposed.
 International Law
 Every child, like an adult, has the right to
follow any religious calling or to have no
religion at all.
 LIGHT COERCIONS: (287)
ELEMENTS
1. That the offender must be a creditor.

2. That he seizes anything belonging to his

debtor.
3. That the seizure of the thing be accomplished
by means of violence or a display of material
force producing intimidation;
4. That the purpose of the offender is to apply the
same to the payment of the debt.
 TITLE I. CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF NATIONS
 Crimes against national security
 1. Treason (Art. 114);
 2. Conspiracy and proposal to commit treason (Art.115);
 3. Misprision of treason (Art. 116); and
 4. Espionage (Art. 117).
 Crimes against the law of nations
  1. Inciting to war or giving motives for reprisals (Art.118);
 2. Violation of neutrality (Art. 119);
 3. Corresponding with hostile country (Art. 120);
 4. Flight to enemy's country (Art. 121);
 5. Piracy in general and mutiny on the high seas (Art.122).
 The crimes under this title can be prosecuted
even if the criminal act or acts were
committed outside the Philippine territorial
jurisdiction. However, prosecution can
proceed only if the offender is within
Philippine territory or brought to the
Philippines pursuant to an extradition treaty. 
 This is one of the instances where the
Revised Penal Code may be given extra-
territorial application under Article 2 (5)
thereof. 
 Almost all of these are crimes committed in times of
war, except the following, which can be committed in
times of peace:
 (1) Espionage, under Article 114
 (2) Inciting to War or Giving Motives for Reprisals
, under Article 118
 (3) Violation of Neutrality, under Article 119
 Article 114. Treason
 Elements
1. Offender is a Filipino or resident alien;
2. THERE IS A WAR IN WHICH THE
PHILIPPINES ISINVOLVED;
3. Offender either
 A. LEVIES WAR AGAINST THE GOVERNMENT;

 OR
 B. Adheres to the enemies, giving them aid or

comfort within the Philippines or elsewhere

 Requirements of levying war
 1. Actual assembling of men;
 2. To execute a treasonable design by force;
 3. Intent is to deliver the country in whole or
in part to the enemy; and
 4. Collaboration with foreign enemy or some
foreign sovereign.
 Two ways of proving treason
 1. Testimony of at least two witnesses to
the same overt act; or
 2. Confession of accused in open court
 Article 115. Conspiracy and Proposal 
to Commit Treason
 Elements of Conspiracy
 1. There is a war in which the Philippines is involved;
 2. At least two persons come to an agreement to
 a. levy war against the government; or
 b. adhere to the enemies, giving them aid or comfort;

 3. They decide to commit it.
 Elements of Proposal to commit treason
 1. There is a war in which the Philippines is involved;
 2. At least one person decides to
 A. LEVY WAR AGAINST THE GOVERNMENT; OR
 B. Adhere to the enemies, giving them aid or comfort;

 3. He proposes its execution to some other persons.
 Article 116. Misprision of Treason

 Elements
1. Offender owes allegiance to the government,
and not a foreigner;
2. He has knowledge of conspiracy to commit
treason against the government;
3. He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which
he resides, or the mayor or fiscal of the city in
which he resides.
 While in treason, even aliens can commit said
crime because of the amendment to the article, no
such amendment was made in misprision of
treason
 Misprision of treason is a crime that may be committed
only by citizens of the Philippines.
 The essence of the crime is that there are persons
who conspire to commit treason and the offender
knew this and failed to make the necessary report
to the government within the earliest possible
time.
 The persons mentioned in Article 116 are not limited to
mayor, fiscal or governor. Any person in authority having
equivalent jurisdiction, like a provincial commander, will
already negate criminal liability.
 Article 117. Espionage
 Acts punished
 1. By entering, without authority therefore, a war
ship, fort or naval or military establishment or
reservation to obtain any information, plans,
photograph or other data of a confidential nature
relative to the defense of the Philippines;
 Elements
 a. Offender enters any of the places mentioned;
 b. He has no authority therefore;
 c. His purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
 Article 117. Espionage

 2. By disclosing to the representative of a foreign nation the

contents of the articles, data or information referred to in
paragraph 1 of Article 117, which he had in his possession by
reason of the public office he holds.
 Elements
 a. Offender is a public officer;
 b. He has in his possession the articles, data or information
referred to in paragraph 1 of Article117, by reason of the
public office he holds;
 c. He discloses their contents to a representative of a foreign
nation.
 Commonwealth Act No. 616
 Article 118. Inciting to War 
or Giving Motives for Reprisals

 Elements
 1. Offender performs unlawful or
unauthorized acts;
 2.The acts provoke or give occasion for
a. a war involving or liable to involve
the Philippines; or
b. exposure of Filipino citizens
to reprisals on their persons or property.
 Article 119. Violation of Neutrality
 Elements
 1. There is a war in which the Philippines is not involved;
 2. There is a regulation issued by a competent authority to enforce
neutrality;
 3. Offender violates the regulation.

 When we say national security, it should be interpreted as

including rebellion, sedition and subversion. 
 The Revised Penal Code does not treat rebellion, sedition and
subversion as crimes against national security, but more of crimes
against public order because during the time that the Penal Code
was enacted, rebellion was carried out only with bolos and spears;
hence, national security was not really threatened. Now, the threat
of rebellion or internal wars is serious as a national threat.
Article 120. Correspondence with Hostile Country

 Elements
 1. It is in time of war in which the Philippines is
involved;
 2. Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
 3. The correspondence is either
 a. prohibited by the government;
 b. carried on in ciphers or conventional signs; or
 c. containing notice or information which might be
useful to the enemy.
 Article 121. Flight to Enemy's Country
 Elements
 1. There is a war in which the Philippines is involved;
 2. Offender must be owing allegiance to the government;
 3. Offender attempts to flee or go to enemy country;
 4. Going to the enemy country is prohibited by
competent authority.

 In crimes against the law of nations, the offenders can be

prosecuted anywhere in the world because these crimes
are considered as against humanity in general, like piracy
and mutiny. 
 Crimes against national security can be tried only in the
Philippines, as there is a need to bring the offender here
before he can be made to suffer the consequences of
the law. 
Article 122. Piracy in general and Mutiny on the
High Seas or in Philippine Waters
 Article 122. Piracy in general and Mutiny on the High Seas or in
Philippine Waters
 Acts punished as piracy
 1. Attacking or seizing a vessel on the high seas or in Philippine waters;
 2. Seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.
 Elements of piracy
 1. The vessel is on the high seas or Philippine waters;
 2. Offenders are neither members of its complement nor passengers of the
vessel;
 3. Offenders either
 a. attack or seize a vessel on the high seas or in Philippine waters; or
 b. seize in the vessel while on the high seas or in Philippine waters the whole or part
of its cargo, its equipment or personal belongings of its complement or passengers;
 4. There is intent to gain.
 PIRACY
PD 532 vs. ART. 122 of the RPC

P.D. No. 532 ARTICLE 122, RPC

1) Piracy can only be committed 1) Piracy can be committed both

on Philippine territorial waters. on the high seas and on
Philippine territorial waters.

2) Can be committed by ANY 2) Can only be committed by a

PERSON including a passenger person who is not a passenger
or member of the complement of nor member of the complement
the vessel. of the vessel.
 Considering that the essence of piracy is one of
robbery, any taking in a vessel with force upon
things or with violence or intimidation against
person is employed will always be piracy. 
 It cannot co-exist with the crime
of robbery. Robbery, therefore,
cannot be committed onboard a vessel. 
 But if the taking is without violence or
intimidation on persons of force upon things,
the crime of piracy cannot be committed, but
only theft.
 Could theft be committed on board a vessel?
 Yes. The essence of piracy is one of robbery.

 Mutiny is the unlawful resistance to a superior officer,

or the raising of commotions and disturbances aboard
a ship against the authority of its commander.
 Elements of mutiny
 1. The vessel is on the high seas or Philippine waters;
 2. Offenders are either members of its complement,
or passengers of the vessel;
 3. Offenders either
- a. attack or seize the vessel; or
- b. seize the whole or part of the cargo, its equipment, or
personal belongings of the crew or passengers.
 Article 123. Qualified Piracy
 Elements
 1. The vessel is on the high seas or Philippine waters;
 2. Offenders may or may not be members of its complement, or
passengers of the vessel;
 3. Offenders either
– a. attack or seize the vessel; or
- b. seize the whole or part of the cargo, its equipment., or personal belongings of
the crew or passengers;
 4. The preceding were committed under any of the following
circumstances:
 a. whenever they have seized a vessel by boarding or firing upon the same;
 b. whenever the pirates have abandoned their victims without means of saving
themselves; or
 c. whenever the crime is accompanied by murder, homicide, physical injuries or
rape.
 Republic Act No. 6235 (The Anti Hi-Jacking Law)
 TITLE II. CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE STATE

 1. Arbitrary detention (Art. 124);
 2. Delay in the delivery of detained persons to the proper judicial
authorities (Art. 125);
 3. Delaying release (Art. 126);
 4. Expulsion (Art. 127);
 5. Violation of domicile (Art. 128);
 6. Search warrants maliciously obtained and abuse in the service of
those legally obtained (Art. 129);
 7. Searching domicile without witnesses (Art. 130);
 8. Prohibition, interruption, and dissolution of peaceful meetings (Art.
131);
 9. Interruption of religious worship (Art. 132);
 10. Offending the religious feelings (Art. 133);
 Article 124. Arbitrary Detention
 Elements
 1. Offender is a public officer or employee;
 2. He detains a person;
 3. The detention is without legal grounds.

 Meaning of absence of legal grounds

 1. No crime was committed by the detained;
 2. There is no violent insanity of the detained person; and
 3. The person detained has no ailment which requires compulsory
confinement in a hospital.
 The crime of arbitrary detention assumes several forms:
 (1) Detaining a person without legal grounds;
 (2) Having arrested the offended party for legal grounds but without warrant
of arrest, and the public officer does not deliver the arrested person to the
proper judicial authority within the period of 12, 18, or 36 hours, as the case
maybe; or
 (3) Delaying release by competent authority with the same period mentioned
in number 2.
 ARBITRARY DETENTION vs.
ILLEGAL DETENTION
 1. In arbitrary detention --The principal offender must be a public officer.
Civilians cannot commit the crime of arbitrary detention except when they
conspire with a public officer committing this crime, or become an accomplice
or accessory to the crime committed by the public officer; and The offender
who is a public officer has a duty which carries with it the authority to detain
a person.

 2. In illegal detention --The principal offender is a private person. But a public

officer can commit the crime of illegal detention when he is acting in a private
capacity or beyond the scope of his official duty, or when he becomes an
accomplice or accessory to the crime committed by a private person.

 The offender, even if he is a public officer, does not include as his function
the power to arrest and detain a person, unless he conspires with a public
officer committing arbitrary detention.
 A janitor at the Quezon City Hall was assigned in cleaning the
men’s room. One day, he noticed a fellow urinating so carelessly
that instead of urinating at the bowl, he was actually urinating
partly on the floor. The janitor resented this. He stepped out
of the men’s room and locked the same. He left. The fellow was
able to come out only after several hours when people from
the outside forcibly opened the door. 

 Is the janitor liable for arbitrary detention?

 No. Even if he is a public officer, he is not permitted by his

official function to arrest and detain persons. Therefore, he is
guilty only of illegal detention. While the offender is a public
officer, his duty does not include the authority to make arrest;
hence, the crime committed is illegal detention.
 ARBITRARY DETENTION vs.
UNLAWFUL ARREST 

 (1) As to offender, In arbitrary detention, the offender

is a public officer possessed with authority to make
arrests. In unlawful arrest, the offender may be any
person.
 (2) As to criminal intent, In arbitrary detention, the
main reason for detaining the offended party is to deny
him of his liberty. In unlawful arrest, the purpose is to
accuse the offended party of a crime he did not
commit, to deliver the person to the proper authority,
and to file the necessary charges in a way trying to
incriminate him. When a person is unlawfully arrested,
his subsequent detention is without legal grounds.
 A (traffic police) had been collecting tong from drivers. B,
a driver, did not want to contribute to the tong. One
day, B was apprehended by A, telling him that he was
driving carelessly. Reckless driving carries with it a
penalty of immediate detention
and arrest. B was brought to the Traffic Bureau and was
detained there until the evening. When A returned, he
opened the cell and told B to go home. 
 Arbitrary detention or Unlawful arrest?
 Arbitrary detention. The arrest of B was only incidental to
the criminal intent of the offender to detain him. But
if after putting B inside the cell, he was turned over to
the investigating officer who booked him and filed a
charge of reckless imprudence against him, then the
crime would be unlawful arrest. 
 Article 125. Delay in the Delivery of Detained
Persons to the Proper Judicial Authorities

 Elements
 1. Offender is a public officer or employee;
 2. He detains a person for some legal ground;
 3. He fails to deliver such person to the
proper judicial authorities within
 a.12 hour for light penalties;
 b. 18 hours for correctional penalties; and
 c. 36 hours for afflictive or capital penalties
 DEATH PENALTY

RECLUSION PERPETUA
Grave/
RECLUSION TEMPORAL Afflictive
(12 years and 1 day to 20 years)

RTC PRISION MAYOR

(6 years and 1 day to 12 years)

PRISION CORRECCIONAL
(6 months and 1 day to 6 years)
MTC Less Grave
ARRESTO MAYOR
(31 days to 6 months)

ARRESTO MENOR
(1 to 30 days)
Light
Destierro
 At the beginning, the detention is legal
since it is in the pursuance of a lawful
arrest. However, the detention becomes
arbitrary when the period thereof exceeds
12, 18 or 36 hours, as the case may be,
depending on whether the crime is
punished by light, correctional or afflictive
penalty or their equivalent.
 Within what period should a police officer
who has arrested a person under a
warrant of arrest turn over the arrested
person to the judicial authority?

 There is no time limit specified except that

the return must be made within a
reasonable time. The period fixed by law
under Article 125 does not apply because
the arrest was made by virtue of a
warrant of arrest.
 Before Article 125 may be applied, it is
necessary that initially, the detention of the
arrested person must be lawful because the
arrest is based on legal grounds. If the arrest
is made without a warrant, this
constitutes an unlawful arrest. Article
269, not Article 125, will apply. If the arrest is
not based on legal grounds, the arrest is
pure and simple arbitrary detention. 
 Article 125 contemplates a situation where the
arrest was made without warrant but based on
legal grounds.
 Does the filing of the complaint in the
fiscals office stops the running of the
period?
IF THE ACCUSED IS CAUGHT IN THE ACT
COMMITTING THE CRIME…

COURT

PROSECUTOR’S OFFICE
(INQUEST PROCEEDING)

LIGHT PENALTIES CORRECTIONAL AFFLICTIVE/CAPITAL

PENALTIES OFFENSE

• 12 HOURS • 18 HOURS • 36 HOURS

DETENTION DETENTION DETENTION
 Take note
 RA 9372 Human Security Act (Sec. 18)
-72 hrs (NOW AMENDED BY RA 11479-14DAYS,
CAN BE EXTENDED TO 24 DAYS)
 RA 9344 Juvenile Justice and Welfare Act
- Within 8 hours from DSWD report
 Are saturdays, sundays, nighttime, and
holidays included in the counting?
GENERAL RULE: YES!
(DOJ Circular No. 50, August 15, 2012)

EXCEPTION TO THE RULE:

● Soria vs. Desierto, GR No. 153524-25, January 31, 2005
- The observance of non-working holidays, during which it becomes
legally and physically impossible to properly file an information in
court.

● Sayo vs Police Chief of Manila, L-23614, Feb. 27, 1970

- Extraneous factors like means of communication and transportation,
the hour of the arrest, or the time of the surrender of the accused,
which impedes the conduct of usual law enforcement and
prosecution functions.
(DOJ Circular No. 50, August 15, 2012)
xxx… It should be emphasized, however, that the
foregoing cases are mere exceptions to the general rule
and are not in any way to be used as grounds for abuse.
They can be invoked only when circumstances warrant
extraordinary measures. In no case should the above-
mentioned factors absolve public officers and employees
from liability under Art. 125 if it can be shown that the
delay in the delivery of a detained person is attended by
malice, bad faith, or gross negligence.

THE BURDEN OF PROOF THAT THE SITUATION FALLS

UNDER THE EXCEPTION IS WITH THE POLICE
CONCERN!
 Article 126. Delaying Release
 Acts punished
 1. Delaying the performance of a judicial or executive order for the release
of a prisoner;
 2. Unduly delaying the service of the notice of such order to said prisoner;
 3. Unduly delaying the proceedings upon any petition for the liberation of
such person.

 Elements
 1. Offender is a public officer or employee;
 2. There is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person;
 3. Offender without good reason delays
  A. THE SERVICE OF THE NOTICE OF SUCH ORDERTO THE PRISONER;
 b. the performance of such judicial or executive order for the release of the prisoner;
or
 c. the proceedings upon a petition for the release of such person.
 Article 127. Expulsion
 Acts punished
 1. Expelling a person from the Philippines;
 2. Compelling a person to change his residence.

 Elements
 1. Offender is a public officer or employee;
 2. He either a. expels any person from the Philippines; or
b. compels a person to change residence;
 3. Offender is not authorized to do so by law.
 The essence of this crime is coercion but the specific
crime is “expulsion” when committed by a public officer.
 If committed by a private person, the crime is grave
coercion.
 Villavicencio v. Lukban, 39 Phil 778

The mayor of the City of Manila wanted

to make the city free from prostitution. 
He ordered certain prostitutes to be
transferred to Davao, without observing due
processes since they have not been charged
with any crime at all. It was held that the
crime committed was expulsion.
 Certain aliens were arrested and they were
just put on the first aircraft so they maybe out
without due process. Is there a crime
committed?
 Yes, Expulsion.
 If a Filipino citizen is sent out of the country,
what crime is committed?
 Grave Coercion, not expulsion, because a
Filipino cannot be deported. The first part of
the crime refers only to aliens as offended
party.
 Article 128. Violation of Domicile
 Acts punished
 1. Entering any dwelling against the will of the owner thereof;
 2. Searching papers or other effects found therein without the
previous consent of such owner; or
 3. Refusing to leave the premises, after having surreptitiously
entered said dwelling and after having been required to leave the
same
 Common elements
 1. Offender is a public officer or employee;
 2. He is not authorized by judicial order to enter the dwelling or to
make a search therein for papers or other effects.
 Circumstances qualifying the offense
 1. If committed at nighttime; or
 2. If any papers or effects not constituting evidence of a crime are
not returned immediately after the search made by offender.
 It was raining heavily. A policeman took shelter in one
person’s house. The owner obliged and had his
daughter serve the police some coffee. The policeman
made a pass at the daughter. The owner of the house asked
him to leave. Does this fall under Article 128?
 No. It was the owner of the house who let the policeman in. The
entering is not surreptitious.

 A person surreptitiously enters the dwelling

of another. What crime or crimes were possibly committed?
 The crimes committed are
 (1) qualified trespass to dwelling under Article 280, if there was an
express or implied prohibition against entering. This is tantamount to
entering against the will of the owner; and
 (2) violation of domicile in the third form if he refuses to leave after
being told to.
 Article 129. Search Warrants Maliciously Obtained,
and Abuse in the Service of Those Legally Obtained
 Acts punished
 1. Procuring a search warrant without just cause; Elements
 a. Offender is a public officer or employee;
 b. He procures a search warrant;
 c. There is no just cause.

 2. Exceeding his authority or by using unnecessary severity

in executing a search warrant legally procured. Elements
 a. Offender is a public officer or employee;
 b. He has legally procured a search warrant;
 c. He exceeds his authority or uses unnecessary severity in
executing the same.
 Article 130. Searching Domicile without Witnesses

 Elements
 1. OFFENDER IS
A PUBLIC OFFICER OR EMPLOYEE;
 2. He is armed with search
warrant legally procured;
 3. He searches the domicile, papers or other
belongings of any person;
 4. The owner, or any members of his
family, or two witnesses residing in the
same locality are not present.
 Crimes under Articles 129 and 130 are referred to as
violation of domicile. In these articles, the search is made by
virtue of a valid warrant, but the warrant notwithstanding,
the liability for the crime is still incurred through the following
situations:
 (1) Search warrant was irregularly obtained
 (2) The officer exceeded his authority under the warrant
 (3) When the public officer employs unnecessary or excessive
severity in the implementation of the search warrant. The
search warrant is not a license to commit destruction.
 (4) Owner of dwelling or any member of the family was
absent, or two witnesses residing within the same locality
were not present during the search
 Article 131. Prohibition, Interruption, 
and Dissolution of Peaceful Meetings
 Elements
 1. Offender is a public officer or employee;
 2. He performs any of the following acts:
 a. prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or
by dissolving the same;
 b. hindering any person from joining any lawful association, or attending any of its meetings;
 c. prohibiting or hindering any person from addressing, either alone or together with others,
any petition to the authorities for the correction of abuses or redress of grievances.

 A meeting may be prohibited, interrupted, or dissolved without violating Article 131

of the Revised Penal Code. But the requiring of the permit shall be in exercise only
of the government’s regulatory powers and not really to prevent peaceful assemblies
as the public may desire.
 There are two criteria to determine whether Article 131would be violated:
 (1) Dangerous tendency rule
 applicable in times of national unrest such as to prevent coup d’etat.
  (2) Clear and present danger rule
 applied in times of peace. Stricter rule.
 Article 132. Interruption of Religious Worship

 Elements
 1. Offender is a public officer or
employee;
 2. Religious ceremonies or manifestations
of any religious are about to take place
or are going on;
 3. Offender prevents or disturbs the same.
 Qualified if committed by violence or
threat.
 Article 133. Offending the Religious Feelings

 Elements
 1. Acts complained of were performed in a
place devoted to religious worship, or during
the celebration of any religious ceremony;
 2. The acts must be notoriously offensive to
the feelings of the faithful.
 There must be deliberate intent to
hurt the feelings of the faithful.
 TITLE III. CRIMES AGAINST PUBLIC
ORDER
 Crimes against public order  15. Disobedience to summons issued by
 1. Rebellion or insurrection (Art. 134); Congress, its committees, etc., by the
 2. Conspiracy and proposal to commit rebellion constitutional commissions, its committees, etc.
(Art.136); (Art. 150);
 3. Disloyalty to public officers or employees
 16. Resistance and disobedience to a person in
(Art. 137); authority or the agents of such person (Art. 151);
 4. Inciting to rebellion (Art. 138);
 17. Tumults and other disturbances of public
order (Art.153);
 5. Sedition (Art. 139);
 18. Unlawful use of means of publication and
 6. Conspiracy to commit sedition (Art. 141);
unlawful utterances (Art. 154);
 7. Inciting to sedition (Art. 142);  19. Alarms and scandals (Art. 155);
 8. Acts tending to prevent the meeting of  20. Delivering prisoners from jails (Art. 156);
Congress and similar bodies (Art. 143);
 21. Evasion of service of sentence (Art. 157);
 9. Disturbance of proceedings of Congress or
similar bodies (Art. 144);
 22. Evasion on occasion of disorders (Art. 158);
 10. Violation of parliamentary immunity (Art.
 23. Violation of conditional pardon (Art. 159);
145);  24. Commission of another crime during
 11. Illegal assemblies (Art. 146); service of penalty imposed for another previous
offense (Art.160).
 12. Illegal associations (Art. 147);
 13. Direct assaults (Art. 148);
 14. Indirect assaults (Art. 149);
 Article 134. Rebellion or Insurrection

 Elements
 1. There is a public uprising and taking
arms against the government;
 2. The purpose of the uprising or movement is
  a. to remove from the allegiance to the government
or its laws Philippine territory or any part thereof, or
any body of land, naval, or other armed forces; or
 b. to deprive the Chief Executive or Congress, wholly
or partially, of any of their powers or prerogatives.
 The essence of this crime is a public uprising with the
taking up of arms. It requires a multitude of people. It aims
to overthrow the duly constituted government. It does not
require the participation of any member of the military or
national police organization or public officers and generally
carried out by civilians.
  Lastly, the crime can only be committed through force and
violence. Rebellion and insurrection are not synonymous.
 Rebellion is more frequently used where the object of the
movement is completely to overthrow and supersede the
existing government ; while
 insurrection is more commonly employed in reference to a
movement which seeks merely to effect some change of
minor importance, or to prevent the exercise of governmental
authority with respect to particular matters of subjects
(Reyes, citing 30 Am. Jr. 1)
 Distinctions between rebellion and sedition
 (1) As to nature, In rebellion, there must be taking up or
arms against the government. In sedition, it is sufficient
that the public uprising be tumultuous.
 (2) As to purpose, In rebellion, the purpose is
always political. In sedition, the purpose may be political
or social.
 Example: the uprising of squatters against Forbes park
residents. The purpose in sedition is to go against established
government, not to overthrow it.
 When any of the objectives of rebellion is pursued but
there is no public uprising in the legal sense, the crime is
direct assault of the first form. But if there is rebellion,
with public uprising, direct assault cannot be committed.
 Kumander Cris and Jolly are the two
highest officers of the rebel group New
People’s Army (NPA). One day, the rebel
group robbed the richest family in town
and the loot amounted to P3M. During
the robbery, the father of the family is
killed. The loot was used for the expenses
of the NPA movement such as medicines,
food, clothing, firearms and ammunitions.
What crime did they commit?
 Will your answer be the same if the loot
was for personal gain?
 Article 134-A. Coup d' etat

 Elements
 1. Offender is a person or persons belonging to the
military or police or holding any public office or
employment;
 2. It is committed by means of a swift attack accompanied
by violence, intimidation, threat, strategy or stealth;
 3. The attack is directed against the duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, communication networks,
public utilities or other facilities needed for the exercise
and continued possession of power;
 4. The purpose of the attack is to seize or diminish state
power.
 Article 134-A. Coup d' etat
 The essence of the crime is a swift attack upon the facilities
of the Philippine government, military camps and
installations, communication networks, public utilities and
facilities essential to the continued possession
of governmental powers. It may be committed singly or
collectively and does not require a multitude of people.
 The objective may not be to overthrow the government but
only to destabilize or paralyze the government through the
seizure of facilities and utilities essential to the continued
possession and exercise of governmental powers. 
 It requires as principal offender a member of the AFP or
of the PNP organization or a public officer with or without
civilian support. Finally, it may be carried out not only by
force or violence but also through stealth, threat or strategy.
 Q: Can there be a complex crime of coup
d’etat with rebellion?
 A: Yes, if there was conspiracy between the
offender/s committing the coup d’ etat and
the offenders committing the rebellion. By
conspiracy, the crime of one would be the
crime of the other and vice versa. This is
possible because the offender in coup d’etat
may be person or persons belonging to the
military, national police or a public officer,
whereas rebellion does not so require.
 Article 136. Conspiracy
and Proposal to Commit Coup d' etat, Rebellion
or Insurrection
 Conspiracy and proposal to commit rebellion are two different
crimes, namely:
 1. Conspiracy to commit rebellion; and
 2. Proposal to commit rebellion.

 There is conspiracy to commit rebellion when two or more

persons come to an agreement to rise publicly and take arms
against government for any of the purposes of rebellion and
decide to commit it.
 There is proposal to commit rebellion when the person who
has decided to rise publicly and take arms against the
government for any of the purposes of rebellion proposes its
execution to some other person or persons.
 Article 138. Inciting to Rebellion
or Insurrection
 Elements
 1. Offender does not take arms or is not in
open hostility against the government;
 2. He incites others to the execution of
any of the acts of rebellion;
 3. The inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same end.
 Distinction between inciting to rebellion and
proposal to commit rebellion
 1. In both crimes, offender induces another
to commit rebellion.
 2. In proposal, the person who proposes has
decided to commit rebellion; in inciting to rebellion,
it is not required that the offender has decided to
commit rebellion.
 3. In proposal, the person who proposes
the execution of the crime uses secret means; in
inciting to rebellion, the act of inciting is done
publicly.
 Article 139. Sedition
 Elements
 1. Offenders rise publicly and tumultuously;
 2. Offenders employ force, intimidation, or other means outside of
legal methods;
 3. Purpose is to attain any of the following objects:
 a. To prevent the promulgation or execution of any law or the holding of
any popular election;
 b. To prevent the national government or any provincial or municipal
government, or any public officer from exercising its or his functions or
prevent the execution of an administrative order;
 C. To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
 d. To commit, for any political or social end, any act of hate or revenge
against private persons or any social classes;
 e. To despoil for any political or social end, any person, municipality or
province, or the national government of all its property or any part thereof.
 The crime of sedition does not contemplate the
taking up of arms against the government because
the purpose of this crime is not the overthrow of the
government. Notice from the purpose of the crime of
sedition that the offenders rise publicly and create
commotion and disturbance by way of protest to
express their dissent and obedience to the
government or to the authorities concerned. This is
like the so-called civil disobedience  except that the
means employed, which is violence, is illegal.
 Persons liable for sedition under Article 140
  1. The leader of the sedition; and
 2. Other person participating in the sedition.
 Article 141. Conspiracy to Commit Sedition

 In this crime, there must be an agreement

and a decision to rise publicly and
tumultuously to attain any of the objects
of sedition.

 There is no proposal to commit

sedition.
 Article 142. Inciting to Sedition

 Acts punished
 1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems, etc.;
 2. Uttering seditious words or speeches which tend to disturb the public
peace;
 3. Writing, publishing, or circulating scurrilous libels against the government
or any of the duly constituted authorities thereof, which tend to disturb the
public peace.

 Elements
 1. Offender does not take direct part in the crime of sedition;
 2. He incites others to the accomplishment of any of the acts
which constitute sedition;
 3. Inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending towards
the same end.
 Only non-participant in sedition may be liable.
Considering that the objective of sedition is to express
protest against the government and in the process
creating hate against public officers, any act that will
generate hatred against the government or a public
officer concerned or a social class may amount to
Inciting to sedition. 
 Article 142 is, therefore, quite broad. The mere
meeting for the purpose of discussing hatred against
the government is inciting to sedition.
 Lambasting government officials to discredit the
government is Inciting to sedition. But if the
objective of such preparatory actions is the overthrow
of the government, the crime is inciting to rebellion.
 Article 145. Violation of Parliamentary Immunity
 Acts punished
 1. Using force, intimidation, threats, or frauds to prevent
any member of Congress from attending the meetings of
Congress or of any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, or from expressing his opinion or casting
his vote;
  Elements
 a. Offender uses force, intimidation, threats or fraud;
 b. The purpose of the offender is to prevent any member of
Congress from
 :i. attending the meetings of the Congress or of any of its committees
or constitutional commissions, etc.;
 ii. expressing his opinion; or
 iii. casting his vote.
 Article 145. Violation of Parliamentary
Immunity

2. Arresting or searching any member thereof while

Congress is in regular or special session, except incase
such member has committed a crime punishable under
the Code by a penalty higher than prision mayor.
 Elements
 a. Offender is a public officer of employee;
 b. He arrests or searches any member of Congress;
 c. Congress, at the time of arrest or search, is in regular or
special session;
 d. The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor.
 Under Section 11, Article VI of the
Constitution, a public officer who arrests a
member of Congress who has committed
a crime punishable by prision mayor (six
years and one day, to 12 years) is not
liable Article 145.
 According to Reyes, to be consistent with
the Constitution, the phrase "by a penalty
higher than prision mayor" in Article 145
should be amended to read: "by
the penalty of prision mayor or higher."
 Article 146. Illegal Assemblies
 Acts punished
 1. Any meeting attended by armed persons for

the purpose of committing any of the crimes

punishable under the Code;
Elements
 a. There is a meeting, a gathering or group

of persons, whether in fixed place or moving;

 b. The meeting is attended by armed persons;

 c. The purpose of the meeting is to commit any

of the crimes punishable under the Code.

Article 146. Illegal Assemblies

 2. Any meeting in which the audience, whether armed

or not, is incited to the commission of the crime
of treason, rebellion or insurrection, sedition, or assault
upon person in authority or his agents.
Elements
 a. There is a meeting, a gathering or group of persons,

whether in a fixed place or moving;

 b. The audience, whether armed or not, is incited to the

commission of the crime of treason, rebellion or

insurrection, sedition or direct assault.
 Two forms of illegal assembly 
 (1) No attendance of armed men, but persons in the
meeting are incited to commit treason, rebellion or
insurrection, sedition or assault upon a person in
authority. When the illegal purpose of the gathering is to
incite people to commit the crimes mentioned above, the
presence of armed men is unnecessary. The
mere gathering for the purpose is sufficient to bring about
the crime already.
 (2) Armed men attending the gathering
 If the illegal purpose is other than those mentioned above, the
presence of armed men during the gathering brings about the
crime of illegal assembly.
 Example: Persons conspiring to rob a bank were
arrested. Some were with firearms. Liable for illegal assembly,
not for conspiracy, but for gathering with armed men.
 Distinction between illegal assembly and illegal
association
 In illegal assembly, the basis of liability is
the gathering for an illegal purpose which
constitutes a crime under the Revised Penal Code.
 In illegal association, the basis is the formation of or
organization of an association to engage in an
unlawful purpose which is not limited to a violation
of the Revised Penal Code. 
 It includes a violation of a special law or those
against public morals. Meaning of public morals:
inimical to public welfare; it has nothing to do with
decency., not acts of obscenity.
 Article 147. Illegal Associations
 Illegal associations
 1. Associations under the Code;
 2. Associations totally or partially
organized for some purpose contrary to
public morals.
 Persons liable
 1. Founders, directors and president of
the association;
 2. Mere members of the association.
 Article 148. Direct Assault

Acts punished
 1. Without public uprising, by employing force

or intimidation for the attainment of any of the

purposes enumerated in defining the crimes
of rebellion and sedition;
 Elements

 a. Offender employs force or intimidation;

 b. The aim of the offender is to attain any of

the purposes of the crime of rebellion or any

of the objects of the crime of sedition;
 c. There is no public uprising.
 Article 148. Direct Assault
2. Without public uprising, by attacking, by employing force or by
seriously intimidating or by seriously resisting any person in
authority or any of his agents, while engaged in the performance of
official duties, or on occasion of such performance.

Elements
 a. Offender makes an attack, employs force, makes a serious

intimidation, or makes a serious resistance;

 b. The person assaulted is a person in authority or his agent;

 c. At the time of the assault, the person in authority or his agent

is engaged in the actual performance of official duties, or that he

is assaulted by reason of the past performance of official duties;
 d. Offender knows that the one he is assaulting is a person in

authority or his agent in the exercise of his duties.

 e. There is no public uprising.
 If a judge was killed while he was in a
party drinking, the killing is not the direct
assault, but murder. There could be direct
assault if the offender killed
the judge simply because the judge is so s
trict in the fulfillment of his duty. It is the
spirit of hate which is the essence of
direct assault.
 So, where the spirit is present, it is always
complexed with the material
consequence of the unlawful act. 
 The only time when it is not complexed is
when material consequence is a light
felony, that is, slight physical injury.

  Direct assault absorbs the lighter felony;

the crime of direct assault can not be
separated from the material result of the
act. 
 Robinhood broke into a National Food Authority
warehouse and lamented sufferings of the
people. He called on people to help themselves
to all the rice. He did not even help themselves to
a single grain. What crime is committed?
 The crime committed was direct assault. There
was no robbery for there was no intent to
gain. The crime is direct assault by committing
acts of sedition under Article 139(5), that is,
spoiling of the property, for any political or social
end, of any person municipality or province or the
national government of all or any its property, but
there is no public uprising.
 In the second form of direct assault, it is
also important that the offender knew that
the person he is attacking is a person in
authority or an agent of a person in
authority, performing his official functions.
 
 No knowledge, no lawlessness or
contempt.
 Two persons were quarreling and a policeman in
civilian clothes arrived and stops them, but one
of the protagonists stabs the policeman, there
would be no direct assault unless the offender
knew that he is a policeman. In this respect it is
enough that the offender should know that the
offended party was exercising some form
of authority. 
 It is not necessary that the offender knows what
is meant by person in authority or an agent of
one because ignorantia legis neminem excusat.
 Person in authority is any person directly
vested with jurisdiction, whether as an individual or as
a member of some court or government corporation,
board, or commission. 
 A barangay chairman is deemed a person in authority.
 Agent of a person in authority is any person who
by direct provision of law or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property, such as a barangay
councilman, barrio policeman, barangay leader and
any person who comes to the aid of a person in
authority.
Who are deemed persons in authority and agents
of persons in authority under Article 152

  A person in authority is one directly

vested with jurisdiction, that is, the power
and authority to govern and execute the
laws.
 An agent of a person in authority is one
charged with (1)the maintenance of public
order and (2) the protection and security
of life and property.
 Examples of persons in authority (not exclusive)
 1. Municipal mayor;
 2. Division superintendent of schools;
 3. Public and private school teachers;
 4.Teacher-nurse;
 5. President of sanitary division;
 6. Provincial fiscal;
 7. Justice of the Peace;
 8. Municipal councilor;
 9. Barrio captain and barangay chairman.
 In applying the provisions of Articles 148 and 151
of this Code,
 A. Teachers

 B. Professors and persons charged with the

supervision of public or duly recognized private

schools, colleges and universities, and
 C. Lawyers in the actual performance of their

professional duties or on the occasion of such

performance, shall be deemed PERSONS IN
AUTHORITY. (As amended by PD No. 299, Sept.
19, 1973 and Batas Pambansa Blg. 873, June
12, 1985). 
 AGENT by Assistance
 Non-PIA/APIA helping the Person in
Authority (PIA) becomes an Agent of
Person in Authority (by assistance).
 Article 149. Indirect Assault
 Elements
 1. A person in authority or his agent is the
victim of any of the forms of direct assault
defined in Article 148;
 2. A person comes to the aid of such
authority or his agent;
 3. Offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
 Article 149. Indirect Assault

 The victim in indirect assault should be a

private person who comes in aid of an
agent of a person in authority. The assault
is upon a person who comes in aid of the
person in authority. The victim cannot be
the person in authority or his agent.
 There is no indirect assault when
there is no direct assault.
 Take note that under Article 152, as amended,
when any person comes in aid of a person in
authority, said person at that moment is no longer a
civilian -he is constituted as an agent of the
person in authority. (Agent by Assistance) If such
person were the one attacked, the crime would be
direct assault. Due to the amendment of Article 152,
without the corresponding amendment in Article
150, the crime of indirect assault can only be
committed when assault is upon a civilian
giving aid to an agent of the person in
authority. He does not become another
agent of the person in authority.
 OFFENDER
(X)

PIA (A) APIA (B)

STRANGER
(C)
 Article 151. Resistance and Disobedience to A
Person in Authority or the Agents of Such Person
 Elements of resistance and serious disobedience under the
first paragraph
 1. A person in authority or his agent is engaged in the performance
of official duty or gives a lawful order to the offender;
 2. Offender resists or seriously disobeys such person in authority or
his agent;
 3. The act of the offender is not included in the provision of
Articles 148, 149 and 150.
 Elements of simple disobedience under the second paragraph
 1. An agent of a person in authority is engaged in the performance
of official duty or gives a lawful order to the offender;
 2. Offender disobeys such agent of a person in authority;
 3. Such disobedience is not of a serious nature.
 Article 153. Tumults and Other 
Disturbances of Public Order
 Acts Punished
 1. Causing any serious disturbance in a public place, office or establishment;
 2. Interrupting or disturbing performances, functions or gatherings, or
peaceful meetings, if the act is not included in Articles 131 and 132;
 3. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place;
 4. Displaying placards or emblems which provoke a disturbance of public
order in such place;
 5. Burying with pomp the body of a person who has been legally executed.

 The essence is creating public disorder. This crime is brought about

by creating serious disturbances in public places, public buildings,
and even in private places where public functions or performances
are being held. For a crime to be under this article, it must not fall
under Articles 131 (prohibition, interruption, and dissolution
of peaceful meetings) and 132 (interruption of religious worship).
 The disturbance of the pubic order is
tumultuous and the penalty is increased if
it is brought about by armed men.
 The term “armed” does not refer to
firearms but includes even big stones
capable of causing grave injury. It is also
disturbance of the public order if a convict
legally put to death is buried with
pomp. He should not be made out as
a martyr; it might incite others to hatred.
 Article 155. Alarms and Scandals

 Acts Punished
 1. Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to
cause (which produces) alarm of danger;
 2. Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility;
 3. Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusements;
 4. Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided Article 153 is
not applicable.
 When a person discharges a firearm in public, the
act may constitute any of the possible crimes
under the Revised Penal Code:
 (1)Alarms and scandals if the firearm when
discharged was not directed to any particular
person;
 (2) Illegal discharge of firearm under Article 254 if
the firearm is directed or pointed to a particular
person when discharged but intent to kill is absent;
 (3) Attempted homicide, murder, or parricide if the
firearm when discharged is directed against a
person and intent to kill is present.
 In this connection, understand that it is not necessary
that the offended party be wounded or hit. Mere
discharge of firearm towards another with intent to kill
already amounts to attempted homicide or attempted
murder or attempted parricide. It can not be
frustrated because the offended party is not mortally
wounded.
Araneta v. Court of Appeals,
 it was held that if a person is shot at and is wounded,

the crime is automatically attempted homicide. 

 Intent to kill is inherent in the use of the deadly weapon.

 The crime alarms and scandal is only one crime. Do not

think that alarms and scandals are two crimes.

 Scandal here does not refer to moral
scandal, that one is grave scandal in
Article 200. 
 The essence of the crime is
disturbance of public tranquility
and public peace. So, any kind of
disturbance of public order where the
circumstance at the time renders the act
offensive to the tranquility prevailing, the
crime is committed.
 Charivari is a mock serenade wherein the supposed
serenaders use broken cans, broken pots, bottles or
other utensils thereby creating discordant notes
 It is producing noise, not music and so it also
disturbs public tranquility. 

 Understand the nature of the crime of alarms and

scandals as one that disturbs public tranquility
or public peace. 
 If the annoyance is intended for a particular person,
the crime is unjust vexation.
 Article 156. Delivering
Prisoners from Jail
 Elements
 1. There is a person confined in a jail or penal
establishment, Offender removes there from such
person, or helps the escape of such person.
 Penalty of arresto mayor in its maximum period to
prision correccional in its minimum period is imposed if
violence, intimidation or bribery is used.
 Penalty of arresto mayor if other means are used.
 Penalty decreased to the minimum period if the escape
of the prisoner shall take place outside of said
establishments by taking the guards by surprise.
 In relation to infidelity in the custody of prisoners,
correlate the crime of delivering person from
jail with infidelity in the custody of prisoners
punished under Articles 223, 224 and 225 of the
Revised Penal Code. In both acts, the offender
may be a public officer or a private citizen. 
 Do not think that infidelity in the custody of
prisoners can only be committed by a public officer
and delivering persons from jail can only be
committed by private person. 
 Both crimes may be committed by public officers as
well as private persons.
 In both crimes, the person involved may be a
convict or a mere detention prisoner.
Evasion of service of sentence has three forms:
 (1) By simply leaving or escaping from the penal

establishment under Article 157;

 (2) Failure to return within 48 hours after having left the
penal establishment because of a calamity, conflagration
or mutiny and such calamity, conflagration or mutiny has
been announced as already passed under Article 158;
 (3) Violating the condition of conditional pardon under

Article 159
 Article 158. Evasion of Service of Sentence on the
Occasion of Disorders, Conflagrations, Earthquakes, or
Other Calamities
 Elements1. Offender is a convict by final judgment, who is
confined in a penal institution;
 2. There is disorder, resulting from
 a. conflagration;
 b. earthquake;
 c. explosion; or
 d. similar catastrophe; or
 e. mutiny in which he has not participated;
 3. He evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such
disorder or during the mutiny;
 4. He fails to give himself up to the authorities within 48hours
following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.
 Article 159. Other Cases of Evasion of
Service of Sentence
Elements of violation of conditional pardon
 1. Offender was a convict;

 2. He was granted pardon by the Chief Executive;

 3. He violated any of the conditions of such pardon.

 In violation of conditional pardon, as a rule, the violation

will amount to this crime only if the condition is violated

during the remaining period of the sentence. 
 As a rule, if the condition of the pardon is violated when t

he remaining unserved  portion of the sentence has

already lapsed, there will be no more criminal liability for
the violation. However, the convict maybe required to
serve the unserved portion of the sentence, that is,
continue serving original penalty.
 Article 160. 
Commission of Another Crime During
Service of Penalty Imposed for
Another Previous Offense
Elements
1. Offender was already convicted by final
judgment of one offense;
2. He committed a new felony before
beginning to serve such sentence or while
serving the same.
 TITLE IV. CRIMES AGAINST PUBLIC
INTEREST
 Crimes against public interest
 1. Counterfeiting the great seal of the Government of the Philippines (Art. 161);
 2. Using forged signature or counterfeiting seal or stamp(Art. 162);
 3. Making and importing and uttering false coins (Art.163);
 4. Mutilation of coins, importation and uttering of mutilated coins (Art. 164);
 5. Selling of false or mutilated coins, without connivance(Art. 165);
 6. Forging treasury or bank notes or other documents payable to bearer, importing
and uttering of such false or forged notes and documents (Art. 166);
 7. Counterfeiting, importing and uttering instruments not payable to bearer (Art.
167);
 8. ILLEGAL POSSESSION AND USE OF FORGEDTREASURY OR BANK NOTES AND
OTHERINSTRUMENTS OF CREDIT (ART. 168);
 9. Falsification of legislative documents (Art. 170);
 10. Falsification by public officer, employee or notary (Art.171);
 11. Falsification by private individuals and use of falsified documents (Art. 172);
 12. Falsification of wireless, cable, telegraph and telephone messages and use of
said falsified messages (Art.173);
 13. False medical certificates, false certificates of merit or service (Art. 174);
 14. Using false certificates (Art. 175);
 15. Manufacturing and possession of instruments or implements for falsification
(Art. 176);
 16. Usurpation of authority or official functions (Art. 177);
 17. Using fictitious name and concealing true name (Art.178);
 18. Illegal use of uniforms or insignia (Art. 179);
 19. False testimony against a defendant (Art. 180);
 20. False testimony favorable to the defendant (Art. 181);
 21. False testimony in civil cases (Art. 182);
 22. False testimony in other cases and perjury (Art. 183);
 23. Offering false testimony in evidence (Art. 184);
 24. Machinations in public auction (Art. 185);
 25. Monopolies and combinations in restraint of trade (Art.186);
 26. Importation and disposition of falsely marked articles or merchandise made of
gold, silver, or other precious metals or their alloys (Art. 187);
 27. Substituting and altering trademarks and trade names or service marks (Art.
188);
 28. Unfair competition and fraudulent registration of trademark or trade name, or
service mark; fraudulent designation of origin, and false description (Art. 189).
Article 161. Counterfeiting the Great Seal of the Government of the
Philippine Islands, Forging the Signature or Stamp of the Chief
Executive

 Acts punished
 1. Forging the great seal of
the Government of the Philippines;
 2. Forging the signature of the President;
 3. Forging the stamp of the President.
 Article 162. Using Forged Signature
or Counterfeit Seal or Stamp

Elements
1. The great seal of the Republic
was counterfeited or the signature or stamp of
the Chief Executive was forged by another
person;
 2. Offender knew of the counterfeiting or forgery;

 3. He used the counterfeit seal or forged

signature or stamp.
 Offender under this article should not be the

forger.
 Article 163. Making and Importing 
and Uttering False Coins

Elements
1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such coins;
3. In case of uttering such false or counterfeited coins,
he connived with the counterfeiters or importers.
Kinds of coins the counterfeiting of which is punished
1. Silver coins of the Philippines or coins of the Central
Bank of the Philippines;
2. Coins of the minor coinage of the Philippines or of the
Central Bank of the Philippines;
3. Coin of the currency of a foreign country.
 Article 164. Mutilation of Coins
Acts punished
1. MUTILATING COINS OF THE LEGAL CURRENCY, WITHTHE
FURTHER REQUIREMENTS THAT THERE BEINTENT TO
DAMAGE OR TO DEFRAUD ANOTHER;
2. Importing or uttering such mutilated coins, with the further
requirement that there must be connivances with the mutilator
or importer in case of uttering. The first acts of falsification or
falsity are
 (1) Counterfeiting–refers to money or currency;

 (2) Forgery–refers to instruments of credit and obligations and

securities issued by the Philippine government or any banking

institution authorized by the Philippine government to issue the
same;
 (3) Falsification – can only be committed in respect of

documents.
 In so far as coins in circulation are concerned, there are
two crimes that may be committed:
 (1) Counterfeiting coins -- This is the crime of remaking or
manufacturing without any authority to do so.
 (2) Mutilation of coins -- This refers to the deliberate act
of diminishing the proper metal contents of the coin either
by scraping, scratching or filling the edges of the coin and
the offender gathers the metal dust that has been scraped
from the coin.
 Requisites of mutilation under the Revised Penal Code
 (1)Coin mutilated is of legal tender;
 (2) Offender gains from the precious metal dust
abstracted from the coin; and
 (3) It has to be a coin.
 X has in his possession a coin which was legal tender at
the time of Magellan and is considered a collector’s item.
He manufactured several pieces of that coin. Is the crime
committed?
 Yes. It is not necessary that the coin be of legal tender.
The provision punishing counterfeiting does not require
that the money be of legal tender and the law punishes
this even if the coin concerned is not of legal tender in
order to discourage people from practicing their ingenuity
of imitating money. If it were otherwise, people may at
the beginning try their ingenuity in imitating money not
of legal tender and once they acquire expertise, they
may then counterfeit money of legal tender.
 Article 165. Selling of False or Mutilated Coin,
without Connivance
 Acts punished
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is
false or mutilated;
Elements
a. Possession;
b. With intent to utter; and
c. Knowledge.
2. Actually uttering such false or mutilated coin, knowing
the same to be false or mutilated.
Elements
a. Actually uttering; and

b. Knowledge.
 Article 166. Forging Treasury or Bank Notes or
Other Documents Payable to Bearer; Importing and
Uttering Such False or Forged Notes and Documents
Acts punished
 1. Forging or falsification of treasury or

bank notes or other documents payable to

bearer;
 2. Importation of such false or forged

obligations or notes;
 3. Uttering of such false or forged obligations or

notes in connivance with the forgers or

importers.
 Article
167. Counterfeiting, Importing, and Uttering
Instruments Not Payable to Bearer
Elements
1. There is an instrument payable to order
or other documents of credit not payable
to bearer;
2. Offender either forged, imported or
uttered such instrument;
3. In case of uttering, he connived with the
forger or importer.
 Article 168. Illegal Possession and Use of False
Treasury or Bank Notes and Other Instruments
of Credit
Elements
1. Any treasury or bank note or certificate or other obligation
and security payable to bearer, or any instrument payable
to order or other document of credit not payable to bearer
is forged or falsified by another person;
2. Offender knows that any of those instruments is forged or
falsified;
3. He either –
 a. uses any of such forged or falsified instruments; or

 b. possesses with intent to use any of such forged or

falsified instruments
 Article 170. Falsification of Legislative
Documents
Elements
1. There is a bill, resolution or ordinance enacted or
approved or pending approval by either House of
the Legislature or any provincial board or
municipal council;
2. Offender alters the same;
3. He has no proper authority therefore;
4. The alteration has changed the meaning of the
documents. The words "municipal council" should
include the city council or municipal board –
Reyes.
 Article 171. Falsification by Public Officer,
Employee or Notary or Ecclesiastical Minister
Elements
1. Offender is a public officer, employee, or notary public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which changes
its meaning;
g. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such a copy a statement
contrary to, or different from, that of the genuine original; or
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.4. In case the offender is an ecclesiastical minister who shall
commit any of the offenses enumerated, with respect to any record or document of
such character that its falsification may affect the civil status of persons.
Article 173. Falsification of Wireless, Cable, Telegraph and
Telephone Messages, and Use of Said Falsified Messages

Acts punished
1. Uttering fictitious wireless, telegraph or telephone message;
Elements
a. Offender is an officer or employee of the government or an
officer or employee of a private corporation, engaged in the service
of sending or receiving wireless, cable or telephone message;
b. He utters fictitious wireless, cable, telegraph or telephone
message.
2. Falsifying wireless, telegraph or telephone message;
Elements
a. Offender is an officer or employee of the government or an officer or
employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message;
b. He falsifies wireless, cable, telegraph or telephone message.
3. Using such falsified message.
Elements
a. Offender knew that wireless, cable, telegraph, or
telephone message was falsified by an officer or
employee of the government or an officer or
employee of a private corporation, engaged in the
service of sending or receiving wireless, cable or
telephone message;
b. He used such falsified dispatch;
c. The use resulted in the prejudice of a third party
or at least there was intent to cause such
prejudice.
 Article 174. False Medical Certificates, False
Certificates of Merits or Service, Etc.

Persons liable
 1. Physician or surgeon who, in connection with the

practice of his profession, issues a false certificate (it

must refer to the illness or injury of a person);[The
crime here is false medical certificate by a physician.]
 2. Public officer who issues a false certificate of merit

of service, good conduct or similar circumstances;[The

crime here is false certificate of merit or service by a
public officer.]
 3. Private person who falsifies a certificate falling within

the classes mentioned in the two preceding subdivisions.

 Article 175. Using False Certificates
Elements
1. The following issues a false certificate:
a. Physician or surgeon, in connection with the
practice of his profession, issues a false certificate;
b. Public officer issues a false certificate of merit
of service, good conduct or similar circumstances;
c. Private person falsifies a certificate falling within
the classes mentioned in the two preceding
subdivisions.
2. Offender knows that the certificate was false;
3. He uses the same.
 Article 176. Manufacturing and
Possession of Instruments or
Implements for Falsification
Acts punished
1. Making or introducing into the Philippines a
ny stamps, dies, marks, or other
instruments or implements for counterfeiting
or falsification;
2. Possession with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into
the Philippines by another person.
 Article 177. Usurpation of Authority or
Official Functions
 Acts punished
1. Usurpation of authority;
 Elements
 a. Offender knowingly and falsely represents himself;
 b. As an officer, agent or representative of any department or
agency of the Philippine government or of any foreign government.
 2. Usurpation of official functions.
Elements
 a. Offender performs any act;
 b. Pertaining to any person in authority or public officer of
the Philippine government or any foreign government, or any
agency thereof;
 c. Under pretense of official position;
 d. Without being lawfully entitled to do so.
 Article 178. Using Fictitious Name and
Concealing True Name
 Acts punished
 1. Using fictitious name

Elements
a. Offender uses a name other than his real name;
b. He uses the fictitious name publicly;
c. Purpose of use is to conceal a crime, to evade the execution
of a judgment or to cause damage to public interest – Reyes
2. Concealing true name
Elements
a. Offender conceals his true name and other personal circumstances;
b. Purpose is only to conceal his identity.
 Article 179. Illegal Use of Uniforms or Insignia

Elements
 1. Offender makes use of insignia, uniforms or dress;

 2. The insignia, uniforms or dress pertains to an office

not held by such person or a class of persons of which

he is not a member;
 3. Said insignia, uniform or dress is used publicly and

improperly.
 Wearing the uniform of an imaginary office is not

punishable. So also, an exact imitation of a uniform or

dress is unnecessary; a colorable resemblance
calculated to deceive the common run of people is
sufficient.
 Article 180. False Testimony against A
Defendant
 Elements
 1. There is a criminal proceeding;
 2. Offender testifies falsely under oath against the defendant
therein;
 3. Offender who gives false testimony knows that it is false.
 4. Defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.
 Three forms of false testimony
 1. False testimony in criminal cases under Article180 and
181;
 2. False testimony in civil case under Article 182;
 3. False testimony in other cases under Article 183.
Article 181. False Testimony Favorable to the Defendant
Elements
 1. A person gives false testimony;

 2. In favor of the defendant;

 3. In a criminal case.

Article 182. False Testimony in Civil Cases

Elements
1. Testimony given in a civil case;

2. Testimony relates to the issues presented in said case;

3. Testimony is false;

4. Offender knows that testimony is false;

5. Testimony is malicious and given with an intent to affect the

issues presented in said case.
 Article 183. False Testimony in Other Cases
and Perjury in Solemn Affirmation

Acts punished
 1. By falsely testifying under oath;

 2. By making a false affidavit.

Elements of perjury
 1. Offender makes a statement under oath or executes an

affidavit upon a material matter;

 2. The statement or affidavit is made before a competent

officer, authorized to receive and administer oaths;

 3. Offender makes a willful and deliberate assertion of a

falsehood in the statement or affidavit;

 4. The sworn statement or affidavit containing the falsity is

required by law, that is, it is made for a legal purpose.

 Article 184. Offering False Testimony in Evidence

Elements
 1. Offender offers in evidence a false

witness or testimony;
 2. He knows that the witness or the

testimony was false;

 3. The offer is made in any judicial or

official proceeding.
Article 185. Machinations in Public Auctions
Acts punished
1. Soliciting any gift or promise as a consideration for refraining from taking
part in any public auction;
Elements
a. There is a public auction;
b. Offender solicits any gift or a promise from any of the bidders;
c. Such gift or promise is the consideration for his refraining from taking part in
that public auction;
d. Offender has the intent to cause the reduction of the price of the thing auctioned.
2. Attempting to cause bidders to stay away from an auction by threats,
gifts, promises or any other artifice.
Elements
a. There is a public auction;
b. Offender attempts to cause the bidders to stay away from that public
auction;
c. It is done by threats, gifts, promises or any other artifice;
d. Offender has the intent to cause the reduction of the price of the thing
auctioned.
 Article 187. Importation
and Disposition of Falsely Marked Articles or
Merchandise Made of Gold, Silver, or Other
Precious Metals of Their Alloys
Elements
1. Offender imports, sells or disposes articles made
of gold, silver, or other precious metals or their alloys;
2. The stamps, brands, or marks of those articles
of merchandise fail to indicate the actual fineness or
quality of said metals or alloys;
3. Offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or quality of
the metals or alloys.
 Article 188. Substituting and Altering Trademarks,
Trade names, or Service Marks

Acts punished
1. Substituting the trade name or trademark of some other
manufacturer or dealer, or a colorable imitation thereof for the
trade name or trademark of the real manufacturer or dealer
upon any article of commerce and selling the same;
2. Selling or offering for sale such articles of commerce knowing
that the trade name or trademark has been fraudulently used;
3. Using or substituting the service mark of some other person,
or a colorable imitation of such mark in the sale or advertising
of his services;
4. Printing, lithographing or reproducing trade name, trademark,
or service mark of one person or a colorable imitation thereof
to enable another person to fraudulently use the same
knowing the fraudulent purpose for which it is to be used.
 Article 189. Unfair Competition, Fraudulent
Registration of Trade Name, Trademark, or Service
Mark, Fraudulent Designation of Origin, and False
Description
Acts punished
1. Unfair competition;
Elements
a. By selling his goods;
b. Giving them the general appearance of the goods of another manufacturer or dealer;
c. The general appearance is shown in the goods themselves, or in the wrapping of their packages,
or in the device or words therein, or in any feature of their appearance;
d. There is actual intent to deceive the public or defraud a competitor.2. Fraudulent designation of
origin; false description:
Elements
a. By affixing to his goods or using in connection with his services a false designation of origin, or
any false description or representation; and
b. Selling such goods or services.3. Fraudulent registration
Elements
a. By procuring fraudulently from the patent office;
b. The registration of trade name, trademark or service mark
 Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and
Establishing the Intellectual Property Office, Providing for Its Power and
Functions, and for Other Purposes)
 FORGERY-FALSIFICATION
 As used in Article  The commission of any of
169,forgery refers to the the 8 acts mentioned in
falsification and Article 171 on
counterfeiting of treasury legislative(only the act if
or bank notes or any making alteration) public
instruments payable to or official, commercial or
bearer or to order private documents or
wireless or
telegraphmessages.
 TITLE V. CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS

 Articles 190, 191, 192, 193 and194 of the

Revised Penal Code have been repealed by
 Republic Act No. 6425 (The Dangerous
Drugs Act of 1972), as amended by
Presidential Decree No. 1683 and further
amended by Republic Act No. 7659. Republic
Act No. 6425, as amended has now recently
been repealed by Republic Act No.9165
(The Dangerous Drugs Act of 2002)
 TITLE VI. CRIMES AGAINST PUBLIC
MORALS
Crimes against public morals
 1. Gambling (Art. 195);

 2. Importation, sale and possession of lottery tickets or

advertisements (Art. 196);
 3. Betting in sport contests (Art. 197);

 4. Illegal betting on horse races (Art. 198);

 5. Illegal cockfighting (Art. 199);

 6. Grave scandal (Art. 200);

 7. Immoral doctrines, obscene publications and exhibitions

(Art. 201); and

 8. Vagrancy and prostitution (Art. 202)
 Article 195. What Acts Are Punishable in Gambling

Acts punished
 1. Taking part directly or indirectly in–  
 a. any game of monte, jueteng, or any other form of lottery, policy, banking,
or percentage game, dog races, or any other game or scheme the results of
which depend wholly or chiefly upon chance or hazard; or wherein wagers
consisting of money, articles of value, or representative of value are made; or
 b. the exploitation or use of any other mechanical invention or contrivance to
determine by chance the loser or winner of money or any object or
representative of value;
 2.Knowingly permitting any form of gambling to be carried on in any
place owned or controlled by the offender;
 3. Being maintainer, conductor, or banker in a game of  jueteng
or similar game;
 4. Knowingly and without lawful purpose possessing lottery list, paper,
or other matter containing letters, figures, signs or symbol which
pertain to or are in any manner used in the game of jueteng or any
similar game.
 Article 197. Betting in Sport Contests
 This article has been repealed by Presidential Decree
No. 483 (Betting, Game-fixing or Point-shaving
and Machinations in Sport Contests): Section 2.
 Betting, game-fixing, point-shaving or game
machination unlawful.
 Game-fixing, point-shaving, game machination, as
defined in the preceding section, in connection with the
games of basketball, volleyball, softball, baseball;
chess, boxing bouts, jai-alia, sipa, pelota and all other
sports contests, games or races; as well as betting
therein except as may be authorized by law, is hereby
declared unlawful.
 Article 198. Illegal Betting on
Horse Race
Acts punished
1. Betting on horse races during periods not allowed by law;

2. Maintaining or employing a totalizer or other device or

scheme for betting on races or realizing profit therefrom
during the periods not allowed by law.

When horse races not allowed

3. July 4 (Republic Act No. 137);

4. December 30 (Republic Act No. 229);

5. Any registration or voting days (Republic Act No.

180,Revised Election Code); and
6. Holy Thursday and Good Friday (Republic Act No.946).
 Article 199. Illegal Cockfighting
 This article has been modified or repealed by
 Presidential Decree No. 449 (The Cockfighting Law of
1974):
 Only allows one cockpit per municipality, unless the population
exceeds 100,000 in which case two cockpits may be established; 
 Cockfights can only be held in licensed cockpits on Sundays and
legal holidays and local fiestas for not more than three days;
 Also allowed during provincial, municipal, city, industrial,
agricultural fairs, carnivals, or exposition not more than three days;
 Cockfighting not allowed on December 30, June 12,November 30,
Holy Thursday, Good Friday, Election or Referendum Day, and
registration days for referendums and elections;
 Only municipal and city mayors are allowed to issue licenses for
such.
 Presidential Decree No. 1602 (Simplifying and Providing
Stiffer Penalties for Violations of Philippine Gambling
Laws)
 Article 200. Grave Scandal
Elements
1. Offender performs an act or acts;

2. Such act or acts be highly scandalous as offending against

decency or good customs;
3. The highly scandalous conduct is not expressly falling within
any other article of this Code; and
4. The act or acts complained of be committed in a public place or
within the public knowledge or view.
5. In grave scandal, the scandal involved refers to moral scandal
offensive to decency, although it does not disturb public peace.
But such conduct or act must be open to the public view.
6. In alarms and scandals, the scandal involved refers to
disturbances of the public tranquility and not to acts offensive
to decency.
 Illustrations
 1. A man and a woman enters a movie house which is a
public place and then goes to the darkest part of the
balcony and while there the man started performing
acts of lasciviousness on the woman.

If it is against the will of the woman, the crime would be

acts of lasciviousness. But if there is mutuality, this
constitutes grave scandal. Public view is not necessary so
long as it is performed in a public place.
2. A man and a woman went to Luneta and slept
there. They covered themselves their blanket and
made the grass their conjugal bed. This is grave
scandal.
 Article 201. Immoral Doctrines, Obscene Publications
and Exhibitions and Indecent Shows
Acts punished
1. Those who shall publicly expound or proclaim doctrines openly contrary to public
morals;
a. The authors of obscene literature, published with their knowledge in any form, the
editors publishing such literature; and the owners/operators of the establishment
selling the same;
b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent
or immoral plays, scenes, acts, or shows, it being understood that the obscene
literature or indecent or immoral plays, scenes, acts or shows, whether live or in
film, which are proscribed by virtue hereof, shall include those which: 
(1) glorify criminals or condone crimes; 

(2) serve no other purpose but to satisfy the market for violence, lust or pornography;

(3)  offend any race, or religion;

(4) tend to abet traffic in and use of prohibited drugs; and

(5) are contrary to law, public order, morals, good customs, established policies,
lawful orders, decrees and edicts; and3. Those who shall sell, give away, or exhibit
films, prints, engravings, sculptures, or literature which are offensive to morals.
 Jurisprudence
 

 Postcards of Philippine inhabitants in

native attire were not obscene because
the aggregate judgment of the
community, and the moral sense of the
people were not shocked by those
pictures. They were not offensive to
chastity but merely depicted persons as
they actually lived.
 [People v Kottinger (1923)
 The reaction of the public during the
performance of a dance by one who had nothing
to cover herself with, except nylon patches over
her breasts and too abbreviated pair of nylon
panties to interrupt her stark nakedness should
be made the gauge in the determination of
whether the dance or exhibition was indecent or
immoral. [People v Aparici (1955)
 An actual exhibition of the sexual act can have
no redeeming feature — no room for art.
Therefore, it is a clear and unmitigated
obscenity. [People v Padan(1957)
 Article 202. Vagrants and Prostitutes
 Prostitutes, who are women who, for
money or profit, habitually indulge in
sexual intercourse or lascivious conduct.
 The term prostitution is applicable to a woman who for
profit or money habitually engages in sexual or lascivious
conduct.

 PD 1563- Persons below 18 years old shall be exempt from

prosecution for the crimes of vagrancy and prostitution.
 PD 1619- Sniffing of rugby

 Provided they will undergo appropriate counseling

and treatment program under sec. 58 of RA 9344
 RA 10158:  AN ACT DECRIMINALIZING VAGRANCY,
 AMENDING ARTICLE 202 OF THE RPC
 Julia Barreta, 18, a beautiful woman, offers her
services for consideration. Among her services are
“hand job” for P100 and “blow job” for P200. She’s
been performing the above-mentioned services for
the past 2 years to numerous customers. Julia is
now charged of Prostitution. During trial, Julia
Barreta submitted a medical certificate proving that
she is still a virgin, with her hymen still intact,
making prostitution impossible. Julia Barreta argued
that she cannot be held guilty of Prostitution
because she is still a virgin and the crime requires
sexual intercourse for a consideration as an
element. Is Julia Barreta correct?
 In law, the mere indulging in lascivious
conduct habitually because of money or gain
would amount to prostitution, even if there is
no sexual intercourse.
 Virginity is not a defense. Habituality is the
controlling factor; it has to be more than one
time. There cannot be prostitution by
conspiracy.
 One who conspires with a woman in the
prostitution business like pimps, taxi drivers or
solicitors of clients are guilty of the crime
under Article 341 for white slavery.
 Test of Obscenity: Whether or not the material
charged as obscene has the tendency to deprave
and corrupt the minds of those open to the
influence thereof, or in to whose hands such
material may come to (Kottinger Rule).
 The test is objective. It is more on the
effect upon the viewer and not alone on the
conduct of the performer. If the material has the
tendency to deprave and corrupt the mind of the
viewer then the same is obscene and where such
obscenity is made publicly, criminal liability
arises.
 The law is not concerned with the moral of one
person. As long as the pornographic matter or
exhibition is made privately, there is no crime
committed under the Revised Penal Code
because what is protected is the morality
of the public in general. Third party is
there. Performance of one to another is not.
 Illustration: A sexy dancing performed for a 90
year old is not obscene anymore even if the
dancer strips naked. But if performed for a 15
year old kid, then it will corrupt the kid’s
mind. (Apply Kottinger Rule here.)
 TITLE VII. CRIMES COMMITTED BY 
PUBLIC OFFICERS
 1. Knowingly rendering unjust judgment (Art. 204);  22. Escape of prisoner under the custody of a person nota
 2. Judgment rendered through negligence (Art. 205); public officer (Art. 225);
 3. Unjust interlocutory order (Art. 206);  23. Removal, concealment or destruction of documents(Art.
 4. Malicious delay in the administration of justice (Art.207); 226);
 5. Prosecution of offenses; negligence and tolerance(Art.
 24. Officer breaking seal (Art. 227);
208);  25. Opening of closed documents (Art. 228);
 6. Betrayal of trust by an attorney or solicitor –  26. Revelation of secrets by an officer (Art. 229);
  Revelation of secrets (Art. 209);  27. Public officer revealing secrets of private individual(Art.
 7. Direct bribery (Art. 210); 230);
 8. Indirect bribery (Art. 211);
 28. Open disobedience (Art. 231);
 9. Qualified bribery (Art. 211-A);
 29. Disobedience to order of superior officer when said order
was suspended by inferior officer (Art. 232);
 10. Corruption of public officials (Art. 212);
 30. Refusal of assistance (Art. 233);
 11. Frauds against the public treasury and similar offenses
(Art. 213);
 31. Refusal to discharge elective office (Art. 234);
 12. Other frauds (Art. 214);
 32. Maltreatment of prisoners (Art. 235);
 13. Prohibited transactions (Art. 215);
 33. Anticipation of duties of a public office (Art. 236);
 14. Possession of prohibited interest by a public officer(Art.
 34. Prolonging performance of duties and powers (Art.237);
216);  35. Abandonment of office or position (Art. 238);
 15. Malversation of public funds or property  36. Usurpation of legislative powers (Art. 239);
 –  Presumption of malversation (Art. 217)  37. Usurpation of executive functions (Art. 240);
 16. Failure of accountable officer to render accounts (Art.218);  38. Usurpation of judicial functions (Art. 241);
 17. Failure of a responsible public officer to render accounts  39. Disobeying request for disqualification (Art. 242);
before leaving the country (Art. 219);  40. Orders or requests by executive officers to any judicial
 18. Illegal use of public funds or property (Art. 220); authority (Art. 243);
 19. Failure to make delivery of public funds or property(Art.  41. Unlawful appointments (Art. 244); and
221);  42. Abuses against chastity (Art. 245).
 20. Conniving with or consenting to evasion (Art. 223);
 21. Evasion through negligence (Art. 224);
Article 204. Knowingly Rendering Unjust Judgment
Elements
 1. Offender is a judge;
 2. He renders a judgment in a case submitted to him for decision;
 3. Judgment is unjust;
 4. The judge knows that his judgment is unjust.

Article 205. Judgment Rendered through Negligence

Elements
 1. Offender is a judge;
 2. He renders a judgment in a case submitted to him for decision;
 3. The judgment is manifestly unjust;
 4. It is due to his inexcusable negligence or ignorance.
Article 206. Unjust Interlocutory Order
Elements
1. Offender is a judge;

2. He performs any of the following acts:

a. Knowingly rendering an unjust interlocutory
order or decree; or
b. Rendering a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
Article 207. Malicious Delay in the Administration of
Justice
Elements
1. Offender is a judge;

2. There is a proceeding in his court;

3. He delays in the administration of justice;

4. The delay is malicious, that is, with deliberate intent to

inflict damage on either party in the case.
 Malice must be proven. Malice is present where the delay

is sought to favor one party to the prejudice of the other.

 These have been interpreted by the Supreme Court to

refer only to judges of the trial court.

Article 209. Betrayal of Trust by An Attorney or Solicitor
 Revelation of Secrets

 Breach of professional duty

 Tardiness in the prosecution of the case for which reason the case was

dismissed for being non-prosecuted; or tardiness on the part of the

defense counsel leading to declaration of default and adverse judgment.
 Professional duties

 Lawyer must appear on time. But the client must have suffered damage

due to the breach of professional duty. Otherwise, the lawyer cannot

beheld liable.
 Breach of confidential relation

 Revealing information obtained or taking advantage thereof by accepting

the engagement with the adverse party. There is no need to prove that

the client suffered damages. The mere breach of confidential relation is
punishable. In a conjugal case, if the lawyer disclosed the confidential
information to other people, he would be criminally liable even though
the client did not suffer any damage.
 The client who was suing his wife disclosed that he also committed acts

of unfaithfulness. The lawyer talked about this to a friend. He is, thus,

liable.
Article 210. Direct Bribery
Acts punished
1. Agreeing to perform, or performing, in consideration of any offer, promise, gift or
present– an act constituting a crime, in connection with the performance of his
official duties;
2. Accepting a gift in consideration of the execution of an act which does not constitute
a crime, in connection with the performance of his official duty;
3. Agreeing to refrain, or by refraining, from doing something which it is his official
duty to do, inconsideration of gift or promise.

Elements
1. Offender is a public officer within the scope of Article203;
2. Offender accepts an offer or a promise or receives a gift or present by himself
or through another;
3. Such offer or promise be accepted, or gift or present received by the public officer –
a. With a view to committing some crime; or
b. In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust; or
c. To refrain from doing something which it is his official duty to do.
4. THE ACT WHICH OFFENDER AGREES TO PERFORM OR WHICH HE EXECUTES
BE CONNECTED WITH THE PERFORMANCE OF HIS OFFICIAL DUTIES.
 Distinction between direct bribery and indirect bribery 

 Bribery is direct when a public officer is called upon

to perform or refrain from performing an official act in exchange for
the gift, present or consideration given to him.

 If he simply accepts a gift or present given to him by reason of his

public position, the crime is indirect bribery. Bear in mind that the
gift is given "by reason of his office", not "in consideration"
thereof. So never use the term “consideration.” 
 The public officer in Indirect bribery is not to perform any official
act.
 Note however that what may begin as an indirect bribery may
actually ripen into direct bribery.
 No frustrated stage for direct bribery, only attempted and
consummated.
Article 211. Indirect Bribery
Elements
1. Offender is a public officer;

2. He accepts gifts;

3. The gifts are offered to him by reason of his office.

 The public official does not undertake to perform an

act or abstain from doing an official duty from what

he received. Instead, the official simply receives or
accepts gifts or  presents delivered to him with no
other reason except his office or public position.
 This is always in the consummated stage. There

is no attempted much less frustrated stage

in indirect bribery.
Article 211-A. Qualified Bribery
Elements
1. Offender is a public officer entrusted with law enforcement;

2. He refrains from arresting or prosecuting an offender who has committed a crime;

3. Offender has committed a crime punishable by reclusion perpetua and/or death;

4. Offender refrains from arresting or prosecuting inconsideration of any offer, promise,

gift, or present.
Note that the penalty is qualified if the public officer is the one who asks or
demands such present.

 Presidential Decree No. 46-  prohibits giving and acceptance of gifts by a public

officer or to a public officer, even during anniversary, or when there is an occasion like
Christmas, New Year, or any gift-giving anniversary 
 . The Presidential Decree punishes both receiver and giver.

 Presidential Decree No. 749

 The decree grants immunity from prosecution to a private person or public officer who
shall voluntarily give information and testify in a case of bribery or in a case involving a
violation of the Anti-graft and Corrupt Practices Act.
 Republic Act No. 7080 (Plunder)
 Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)
 Republic Act No. 1379 (Forfeiture of Ill-gotten Wealth)
QUESTION: Is the receiving of a CHRISTMAS or
BIRTHDAY GIFT by a public officer
considered a corrupt practice?

ANSWER: NO if the gift was –

(a) unsolicited (given by the giver voluntarily and
not demanded by the public officer), and

(b) of small or insignificant value, and

(C) was given as a mere token of gratitude or

friendship according to local customs or usage.
(THE LATEST RULE UNDER RA 3019 (ANTI-GRAFT AND
CORRUPT PRACTICES ACT)
Article 212. Corruption of Public Officials
Elements
1. Offender makes offers or promises or
gives gifts or presents to a public officer;
2. The offers or promises are made or the
gifts or presents given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery.
Article 217. Malversation of Public Funds or
Property
– Presumption of Malversation
Acts punished
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or negli
gence, permitting any other person to take
such public funds or property; and
4. Being otherwise guilty of the misappropriation
or malversation of such funds or property.
Elements common to all acts of malversation under Article 217
1. Offender is a public officer;
2. He had the custody or control of funds or property by reason of the
duties of his office;
3. Those funds or property were public funds or property for which he
was accountable;
4. He appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take
them.
Article 220. Illegal use of public funds or property
Elements
1. Offender is a public officer;

2. There are public funds or property under his administration;

3. Such fund or property were appropriated by law or

ordinance;
4. He applies such public fund or property to any public use
other than for which it was appropriated for.

 Illegal use of public funds or property is also known as

technical malversation. 
 The term technical malversation is used because in this
crime, the fund or property involved is already appropriated
or earmarked for a certain public purpose.
Article 235. Maltreatment of Prisoners
Elements
1. Offender is a public officer or employee;

2. He has under his charge a prisoner or detention prisoner;

3. He maltreats such prisoner in either of the following

manners:
a. By overdoing himself in the correction or handling of a prisoner
or detention prisoner under his charge either
(1) By the imposition of punishment not authorized by the
regulations;
(2) By inflicting such punishments (those authorized) in a cruel
and humiliating manner; or
b. By maltreating such prisoners to extort a confession or to
obtain some information from the prisoner.
Article 245. Abuses against Chastity

Acts punished
1. Soliciting or making immoral or indecent advances to
a woman interested in matters pending before the
offending officer for decision, or with respect to which
he is required to submit a report to or consult with a
superior officer;
2. Soliciting or making immoral or indecent advances to
a woman under the offender’s custody;
3. Soliciting or making immoral or indecent advances to
the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
offending warden or officer.
Elements:
1. Offender is a public officer;
2. He solicits or makes immoral or indecent advances to a woman;
3. Such woman is
 a. interested in matters pending before the offender for decision, or with
respect to which he is required to submit a report to or consult with a
superior officer; or
 b. under the custody of the offender who is a warden or other public officer
directly charged with the care and custody of prisoners or persons under
arrest; or
 c. the wife, daughter, sister or relative within the same degree by affinity of
the person in the custody of the offender.

 The name of the crime is misleading. It implies that the chastity of the
offended party is abused but this is not really the essence of the crime
because the essence of the crime is mere making of immoral or indecent
solicitation or advances.
 Republic Act No. 7877 (Anti-Sexual Harassment Act)
 REPUBLIC ACT NO. 7877
(Anti-Sexual Harassment Act)

What is SEXUAL HARASSMENT?

It is committed by demanding, requesting or

otherwise requiring any SEXUAL FAVOR from a
person, regardless of whether the demand,
request or requirement for submission is
accepted by the victim.

It may be WORK, EDUCATION or TRAINING

related.
Who may commit SEXUAL HARASSMENT?
The following may be held liable of sexual harassment:
1) Employer,
2) Employee,
3) Manager,
4) Supervisor,
5) Agent of the Employer,
6) Teacher,
7) Instructor,
8) Professor,
9) Coach,
10) Trainer, or
11) Any other PERSON HAVING AUHTORITY, INFLUENCE
or MORAL ASCENDANCY over another person in a
work, training or education environment.
 -END-
 GOOD LUCK AND GOD BLESS