CRIMINAL LAW

BOOK 2
Based on the topic outlined in
t h e P R C ’ s Ta b l e o f S p e c i fi c a t i o n s

P r e p a r e d b y : A t t y. J o h n H a r v e y L e e A . B e q u i n , J D , L P T

For any issues, corrections, or concerns, please contact

johnharveylee.bequin@gmail.com.
 CRIMINAL LAW BOOK 2 – 30
Topic Number of Questions
QUESTIONS
Elements of crimes against person specifically
8
murder, homicide, parricide, infanticide, rape,
physical injuries and illegal discharge of firearms.

Crimes against property specifically theft, robbery, 6

brigandage, estafa and malicious mischief and
crimes against personal liberty specifically
kidnapping and serious illegal detention, unlawful
arrest, threats and coercion
Elements of other felonies specifically piracy (PD 532
and RPC), arbitrary detention, violation of domicile, 5
assault, alarm and scandal, infidelity in the custody
of prisoners, grave scandal, bribery.

Circumstances against honor specifically slander by

deed and intriguing against honor and crimes against 6
specifically concubinage, adultery, seduction and
abduction, including bigamy.

Special Penal Laws: Human Trafficking, Terrorism, 5

Hazing, Safe Space Act
Elements of Crimes Against Person Specifically
Murder, Homicide, Parricide, Infanticide, Rape,
Physical Injuries, and Illegal Discharge of
Firearms
Crimes Against Person
Article 248 – Murder
Elements:
1. Person was Killed.
2. Accused killed him.
3. Killing was attended by any of the following qualifying
circumstances:
• With Treachery, taking advantage of superior
strength, aid of armed men, or employing means to
weaken the defense, or of means or persons to
ensure or afford impunity.
• In Consideration of a price, reward, or promise.
• By means of Inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, motor
vehicles, or with the use of any other means
involving great waste and ruin.
• 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.
• With Evident Premeditation.
• With Cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or outraging
or scoffing at their person or corpse.
• Killing is not parricide or infanticide.
II. HOMICIDE
ARTICLE 249 - HOMICIDE
ELEMENTS:

1. Person was Killed.

2. Offender killed him without any justifying circumstances.
3. Offender had the intention to kill.
4. Killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
III. PARRICIDE
ARTICLE 246 - PARRICIDE ELEMENTS:

1. A person is Killed.
2. The Deceased is killed by the Accused.
3. The deceased is the accused's:
• Legitimate/illegitimate Father.
• Legitimate/illegitimate Mother.
• Legitimate/illegitimate Child (should not be less than 3
days old; otherwise, the crime is infanticide under Art.
255).
• Other legitimate Ascendant.
• Other legitimate Descendant.
• Legitimate Spouse.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

IV. INFANTICIDE
ARTICLE 255 - INFANTICIDE ELEMENTS:

1.Child was killed by the accused.

2.The deceased child was less than 3 days old (72 hours).

PERSONS LIABLE:

1.Father or mother of the child, whether legitimate or

illegitimate.
2.Any other legitimate ascendant of the child.
3.A stranger.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

V. RAPE
ARTICLE 266-A - RAPE
( AS AMENDED BY R.A 8353 AND R.A 11648)

MODE 1: RAPE BY SEXUAL INTERCOURSE

ELEMENTS:
1. Offender is a Person.
2. Offender had Carnal knowledge of a person.
3. Such act is accomplished under any of the following circumstances:
a. By using Force, threat, or intimidation.
b. When the offended party is deprived of Reason or is otherwise unconscious.
c. By means of fraudulent Machination or grave abuse of authority.
d. When the offended party is under 16 years of age (Statutory Rape) or is
demented.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

V. RAPE
ARTICLE 266-A - RAPE
( AS AMENDED BY R.A 8353 AND R.A 11648)
MODE 2: GENDERLESS RAPE (Sexual Assault)

ELEMENTS:

1.Offender commits an act of Sexual assault.

2.The act is committed by any of the following Means:
a. By inserting their Penis into another person's mouth or anal orifice.
b. By inserting any Instrument or object into the genital or anal orifice of
another person.
3. The act is accomplished under any of the following Circumstances:
a. By using Force or intimidation.
b. When the offended party is Deprived of reason or otherwise unconscious.
c. By means of fraudulent Machination or grave abuse of authority.
d. When the offended party is under 16 years of age or demented.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

VI. PHYSICAL INJURIES

MODES OF COMMISSION:

• By Wounding.
• By Beating.
• By Assaulting.
• By Administering injurious substances. [Art. 264,
RPC]
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

Serious Physical Injuries

These occur when the injured person, in consequence of
the physical injuries inflicted, experiences any of the
following:
1. Becomes Insane, an imbecile, impotent, or blind.
2. If the person injured:
a. Loses the use of Speech or the power to hear or to smell, or loses an
eye, a hand, a foot, an arm, or a leg; or
b. Loses the use of any such member; or
c. Becomes Incapacitated for the work in which they were habitually
engaged, in consequence of the physical injuries inflicted.
3. If the person injured:
a. Becomes Deformed; or
b. Loses any other Member of their body; or
c. Loses the Use of that member; or
d. Becomes Ill or incapacitated for the performance of their habitual
work for more than 90 days.
4. Becomes ill or incapacitated for labor for more than 30 days.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES

ELEMENTS:
1. The offended party:
a. Is Incapacitated for labor for 10 days or more (but
not more than 30 days); or
b. Needs Medical attendance for the same period.
2. The physical injuries must not be those described in the
preceding articles.

ARTICLE 265 - SLIGHT PHYSICAL INJURIES AND

MALTREATMENT MODES:

• Physical injuries incapacitate the offended party for labor

for 1 to 9 days, or require medical attendance during the
same period.
• Physical injuries do not Prevent the offended party from
engaging in their habitual work or do not require medical
attendance.
• Ill-treatment of another by deed without causing any
injury.
CRIMINAL
LAW
ELEMENTS2 OF CRIMES AGAINST PERSON
SPECIFICALLY MURDER, HOMICIDE, PARRICIDE,
INFANTICIDE, RAPE, PHYSICAL INJURIES, AND
ILLEGAL DISCHARGE OF FIREARMS

VII. ILLEGAL DISCHARGE OF FIREARMS

ARTICLE 254 - DISCHARGE OF FIREARMS

ELEMENTS:
1.The offender Discharges a firearm against or at another person.
2.The offender has No intention to kill that person.
• Intent to kill (animus interficendi) cannot be automatically inferred from
the mere fact that the use of firearms is dangerous to life.
• Animus interficendi must be established with the same degree of
certainty as is required for the other elements of the crime.
CRIMES AGAINST PROPERTY SPECIFICALLY
THEFT, ROBBERY, BRIGANDAGE, ESTAFA, AND
MALICIOUS MISCHIEF AND CRIMES AGAINST
PERSONAL LIBERTY SPECIFICALLY KIDNAPPING
AND SERIOUS ILLEGAL DETENTION, UNLAWFUL
ARREST, THREATS, AND COERCION
I. THEFT:
Theft
Article 308 – Who are Liable for Theft
Any property not included in the enumeration of
real properties under the Civil Code and capable
of appropriation can be the subject of theft
under the Revised Penal Code.
II. ROBBERY
1. Robbery with Violence or Intimidation of Persons (Article
294)
Elements:
1. There is unlawful taking of personal property.
• The property must belong to another person.
2. The taking is done with intent to gain (animus
lucrandi).
3. The taking is accomplished with violence or
intimidation.
• Violence: Physical force is used against the
person of the offended party.
• Intimidation: The offender uses threats or other
means to place the victim in fear of physical harm.
4. The property taken is personal property.
ROBBERY BY THE USE OF FORCE UPON THINGS (ARTICLE
299 and 302)

A ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING

(ARTICLE 299)

ELEMENTS:
1.There is unlawful entry.
• The offender must enter an inhabited house, public building,
or edifice devoted to religious worship.
2. The purpose is to commit robbery.
3. The unlawful entry is achieved through:
• Use of force upon things (e.g., breaking walls, doors, or
windows);
• Using false keys or picklocks;
• Breaking or destroying any part of the house or building; or
• Other means of forcibly entering.
A ROBBERY IN AN UNINHABITED HOUSE OR PRIVATE
BUILDING (ARTICLE 302)

ELEMENTS:
1.The offender enters a building or uninhabited place.
2.The entry is made using force upon things (e.g., breaking
locks, doors, or windows).
3.The purpose is to commit robbery.
III. BRIGANDAGE

ARTICLE 306 - BRIGANDAGE

ELEMENTS:
1. There must be at least 4 armed persons.
2. They must have formed a band of robbers.
3. The purpose of their formation is to:
• Commit Robbery on the highway; or
• Kidnap for the purpose of extortion or to obtain
ransom; or
• Achieve, by means of force and violence, any
other unlawful purpose
IV. ESTAFA

ARTICLE 305 - SWINDLING OR ESTAFA

ELEMENTS IF ESTAFA IN GENERAL:
1. The accused Defrauded another:
a. By abuse of Confidence, or
b. By means of Deceit.
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party or a third
person.
 B. MALICIOUS
MISCHEIF
Article 327 – Who are Liable for Malicious Mischief

Definition:
Malicious Mischief is the willful damaging of another's property for
the sake of causing damage due to hate, revenge, or other evil
motive.
Elements:
1. The offender deliberately caused Damage to the property of
another.
2. Such act does Not constitute arson or other crimes involving
destruction.
3. The act of damaging another's property was committed merely for
the Sake of damaging it.
CRIMES AGAINST PROPERTY SPECIFICALLY
THEFT, ROBBERY, BRIGANDAGE, ESTAFA, AND
MALICIOUS MISCHIEF AND CRIMES AGAINST
PERSONAL LIBERTY SPECIFICALLY KIDNAPPING
AND SERIOUS ILLEGAL DETENTION , UNLAWFUL
ARREST, THREATS AND COERCION

Kidnapping of Minors
a. Article 270 – Kidnapping and Failure to Return a Minor

Elements:
• The offender is Entrusted with the custody of a minor (under
18 years of age).
• The offender Deliberately fails to restore the said minor to their
parents or guardians.
CRIMES AGAINST PROPERTY SPECIFICALLY
THEFT, ROBBERY, BRIGANDAGE, ESTAFA, AND
MALICIOUS MISCHIEF AND CRIMES AGAINST
PERSONAL LIBERTY SPECIFICALLY KIDNAPPING
AND SERIOUS ILLEGAL DETENTION , UNLAWFUL
ARREST, THREATS AND COERCION
Article 271 – Inducing a Minor to Abandon His
Home
Elements:
1. The Minor (under 18) is living in the home of their parents, guardians, or
the person entrusted with their custody.
2. The offender Induces the minor to abandon such home.

Notes:
• This crime can be committed by any person, including the father or mother
of the minor.
• However, a parent can only commit this crime if custody has been granted
by the court to the other parent.

Requisites of Inducement:
1. Actual inducement.
2. Committed with criminal intent.
3. Determined by a will to cause damage.
VII. SERIOUS ILLEGAL DETENTION
ARTICLE 267 - KIDNAPPING AND SERIOUS
ILLEGAL DETENTION

1. The offender is a Private individual or a Public Officer who

has no duty under the law to detain a person.
2. The offender Kidnaps or detains another, or in any other
manner deprives the latter of their liberty.
3. The Detention or Kidnapping is Illegal.
4. In the commission of the offense, any of the following
circumstances is present:
a. Kidnapping lasts for More than 3 days.
b. It is committed Simulating public authority.
c. Serious physical injuries are inflicted upon the person
kidnapped or detained, or Threats to kill are made.
d. The person kidnapped or detained is a Minor, Female, or
a Public oficer
ARTICLE 269 - UNLAWFUL
ARREST
ELEMENTS:
1.The offender Arrests or detains another person.
2.The purpose of the offender is to Deliver the
person to the proper authorities.
3.The arrest or detention is not authorized by law,
or there is no reasonable ground for it.

Offender:
• The offender can be any person, whether a public
officer or a private individual.
• However, for a public officer to be liable under Article
269, they must not have the authority to make the
arrest.
IX. THREATS

ARTICLE 282 - GRAVE

THREATS
PUNISHABLE ACTS:
1.Threatening another with the infliction upon their person, honor, or property,
or that of their family, of any wrong amounting to a crime and:
• Demanding money or imposing any other condition, even though not
unlawful, and
• The offender Attained his purpose.
2. Making such a threat without the offender attaining his purpose.
3. Threatening another with the infliction upon their person, honor, or property,
or that of their family, of any wrong amounting to a crime, the threat not being
subject to a condition.
 ARTICLE 287 - LIGHT COERCION
ELEMENTS:

Light Coercion – Article 287

1.The offender must be a Creditor.

The offender Seizes anything belonging to their debtor.

2. The Seizure of the thing is accomplished using

Violence or a display of material force producing
intimidation.

3. The purpose of the offender is to Apply the seized item

to the payment of the debt.
OTHER FELONIES SPECIFICALLY PIRACY (PD 532
AND RPC), ARBITRARY DETENTION, VIOLATION
OF DOMICILE, ASSAULT, ALARM AND SCANDAL,
INFIDELITY IN THE CUSTODY OF PRISONERS,
GRAVE SCANDAL, BRIBERY

I. PIRACY (PD 532 AND RPC)

PD 532: Anti-Piracy and Anti-Highway Robbery Law of 1974

Highway Robbery/Brigandage
The seizure of any person for ransom, extortion, or other
unlawful purposes, or the taking away of the property of
another by means of:
• Violence against or intimidation of a person,
• Force upon things, or
• Other unlawful means, committed by any person on any
Philippine Highway. [Sec. 2(e), PD 532]
Philippine Highway
Refers to any road, street, passage, highway, and bridges or other parts
thereof, or railway or railroad within the Philippines used by:
1.Persons,
2.Vehicles, or
3.Locomotives or trains for the movement or circulation of persons or
the transportation of goods, articles, or property.

Elements:
4.Highway Robbery takes place along a Philippine Highway.
5.The act of robbery must be Indiscriminate; it should not be an
isolated case.
6.The Victim was not predetermined.
II. ARBITRARY DETENTION
Article 124 – Arbitrary Detention
Definition:
Arbitrary detention is committed by any public officer or
employee who, without legal grounds, detains a
person.
Elements:
1. The offender is a Public officer or
employee.
2. The offender Detains a person.
3. The detention is Without a legal ground,
meaning it is not made under the following
circumstances:
a. Upon the Commission of a crime.
b. Violent Insanity.
c. Any other Ailment requiring
compulsory confinement of the patient
in a hospital.
 III. VIOLATION OF
DOMICILE
1. The offender is a Public officer or employee.
2. The offender is Not authorized by judicial order.
3. The offender performed any of the following acts:
a. Entered the dwelling against the will of the owner.
b. Searched for papers or other effects therein without the previous consent of the owner.
c. Refused to leave the premises after having surreptitiously entered the dwelling.
 ARTICLE 148 - DIRECT ASSAULTS

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.
2. Without public uprising, by:
a. Attacking,
b. Employing force,
c. Seriously intimidating, or
d. Seriously resisting any person in authority or any of their agents, while:
• Engaged in the performance of official duties, or
• On the occasion of such performance.
ARTICLE 149 - INDIRECT ASSAULTS
ELEMENTS:

1.A person in authority or their 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 their agent.

Note: A person coming to the aid of a person in authority is

deemed an agent of a person in authority (see Art. 152).

• If such a person is attacked, it will be considered Direct

Assault, not Indirect Assault
• Indirect Assault can only be committed if a person coming to
the aid of an agent of a person in authority is attacked.
• The offender makes use of force or intimidation upon such a
person coming to the aid of the authority or their agent.
• Note: Indirect Assault presupposes that Direct Assault was
committed.
V. ALARM AND
SCANDAL
ARTICLE 155 - ALARMS AND SCANDALS
PUNISHABLE ACTS:
Mode 1: Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to cause (or
which produces) alarm or danger.

Mode 2: Instigating or taking an active part in any charivari or other

disorderly meeting offensive to another or prejudicial to public
tranquility.

Mode 3: Disturbing the public peace while wandering about at night

or while engaged in any other nocturnal amusements.

Mode 4: Causing any disturbances or scandal in public places while

intoxicated or otherwise, provided Art. 153 (tumults and other
disturbances of public order) is not applicable.
VI. INFIDELITY IN THE
CUSTODY OF PRISONERS
A. Article 223 - CONNIVING WITH OR CONSENTING TO
EVASION:
ELEMENTS:

1. The offender is a Public officer.

2. He had in his Custody or charge a prisoner, either a
detention prisoner or a prisoner by final judgment.
3. Such prisoner Escaped from his custody.
4. The officer was in Connivance with the prisoner in the
latter’s escape (“shall consent to the escape”).
B. ARTICLE 224 - EVASION THROUGH
NEGLIGENCE
ELEMENTS:
• The offender is a Public officer.
• He is charged with the Conveyance or
custody of a detention prisoner or prisoner
by final judgment.
• Such prisoner escapes through his
Negligence.
C. ARTICLE 225 - ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER • The offender is a Private person.
• The Conveyance or custody of a prisoner or
person under arrest is confided to him.
• The prisoner or person under arrest
Escapes.
• The offender Consents to the escape, or
the escape takes place through his
Negligence.
ARTICLE 200 - GRAVE
SCANDAL
ELEMENTS:
1.The offender Performs an act/s.
2.Such act/s are highly Scandalous, offending against decency or good
customs.
3.The highly scandalous conduct does Not expressly fall within any
other Article of the RPC.
4.The act/s complained of are committed in a Public place or within
Public knowledge or view.

Grave Scandal:
• Consists of acts offensive to decency and good customs.
• These acts, when committed publicly, give rise to public scandal to
persons who have accidentally witnessed them.
ARTICLE 210 - DIRECT
BRIBERY
ELEMENTS:
1. The offender is a Public officer.
2. The offender Accepts an offer, promise, gift, or present.
3. The offender Receives the gift by himself or through another.
4. The offender Consents or agrees to:
a. Perform an act that constitutes a Crime.
b. Refrain from doing an act which is officially his duty to perform.
c. Execute an act unjust while being connected with the performance of
his official duties.
ARTICLE 211- INDIRECT
BRIBERY
ELEMENTS:
1.The offender is a Public officer.
2.The offender accepts Gifts.
3.The gifts are offered to the offender by reason of his Office.
CRIMES AGAINST HONOR SPECIFICALLY
SLANDER BY DEED AND INTRIGUING AGAINST
HONOR AND CRIMES AGAINST CHASTITY
SPECIFICALLY CONCUBINAGE, ADULTERY,
SEDUCTION AND ABDUCTION, INCLUDING
I. SLANDER BY DEED
BIGAMY
ARTICLE 359 - SLANDER BY DEED
ELEMENTS:
1.The offender performs any act Not included
in any other crime against honor.
2.Such act is performed in the Presence of
other person or persons.
3.Such act casts Dishonor, Discredit, or
Contempt upon the offended party.
ARTICLE 359 - SLANDER BY DEED
ELEMENTS:
Kinds of Slander by Deed:
1.Simple slander by deed.
2.Grave slander by deed (of a serious nature).

Note: Gravity is affected by the social standing

of the offended party, the circumstances under
which the act was committed, the occasion, etc.
II. INTRIGUING AGAINST HONOR
ARTICLE 364 - INTRIGUING AGAINST HONOR
ELEMENTS:

1.The offender makes an Intrigue.

2.The principal purpose of such intrigue is to Blemish the honor
or reputation of another.

Intriguing Against Honor:

3.Refers to any scheme or plot designed to blemish the
reputation of a person by means involving trickery.
4.It is akin to slander by deed, in that the offender does not use
written or spoken words, pictures, or caricatures to ridicule the
victim but employs some ingenious, crafty, and secret plot,
producing the same effect. [People v. Fontanilla, C.A., 56 O.G.
193]
CRIMES AGAINST CHASTITY
III. CONCUBINAGE, ADULTERY

ARTICLE 333 - ADULTERY

ELEMENTS:

1.The Woman is Married.

2.She has sexual intercourse with a man not her husband.
3.As regards the man with whom she has sexual
intercourse: He Knows that she is married.

Persons Liable:
1. Married woman who engages in sexual intercourse
with a man not her husband.
2. Man who, knowing of the marriage of the woman, has
sexual intercourse with her.[Art. 333, par. 1, RPC]
ARTICLE 334 - CONCUBINAGE
ELEMENTS:

1. The Man is Married.

2. He is either:
• a. Keeping a mistress in the conjugal dwelling.
• b. Having Sexual intercourse under scandalous
circumstances with a woman not his wife.
• c. Cohabiting with her in any other place.
3. As regards the woman: She Knows that he is married.

Persons Liable:
• Married man.
• Woman who knew that the man was married.
IV.SEDUCTION AND
ABDUCTION
ARTICLE 337 - QUALIFIED SEDUCTION
Two Classes of Seduction:

a. Seduction of a minor over 16 years and under 18 years of

age by certain persons such as:
1.A person in public authority,
2.Priest,
3.Teacher, or
4.Any person who, in any capacity, is entrusted with the
education or custody of the minor seduced.

b. Seduction of a sister or descendant, whether or not she

is a virgin or over 18 years of age.
Elements of (a):
1.The offended party is a Minor of either sex.
2.She is Over 16 and under 18 years of age.
3.The offender had Sexual intercourse with her.
4.There is Abuse of authority, confidence, or relationship
on the part of the offender.

Elements of (b):
5.The offended party is the Sister or Descendant of the
offender, regardless of the former’s age or virginity.
6.The offender had Sexual intercourse with her.
7.The offender is her Brother or Ascendant by
consanguinity, whether legitimate or illegitimate.
Offenders in Qualified Seduction:

1. Those who abused their Authority:

a. Person in public authority
b. Guardian
c. Teacher

2. Those entrusted with the Education or Custody of the

woman seduced:
a. Any person entrusted in any capacity.
Those who abused the confidence reposed in them:
a. Priest
b. House servant
c. Domestic

3. Those who abused their Relationship:

a. Brother who seduced his sister.
b. Ascendant who seduced his descendant.
ARTICLE 338 - SIMPLE SEDUCTION
ELEMENTS SEDUCTION
1.The offended party is a minor, Over 16 and under 18
years of age.
2.The offender had Sexual intercourse with her.
3.It was committed by means of Deceit.
ARTICLE 342 - FORCIBLE ABDUCTION
ELEMENTS:
1.The person abducted is any Woman, regardless of her
age, civil status, or reputation.
2.The abduction is Against her will.
3.The abduction is with Lewd designs
ARTICLE 343 - CONSENTED ABDUCTION
ELEMENTS:
1.The offended party is a Virgin.
2.She is Over 12 and under 18 years of age.
3.The offender takes her away with her Consent, after
solicitation or cajolery from the offender.
4.The taking away is with Lewd designs.
V. 1.The offender has been Legally married.
2.The marriage has Not been legally

BIGAMY
ARTICLE 349- BIGAMY
ELEMENTS: [LENSES]
dissolved or, in the case of an absent
spouse, the absent spouse could not yet
be presumed dead according to the Civil
Code.
3.The offender Contracts a second or
subsequent marriage.
4.The second or subsequent marriage has
all the Essential requisites for validity.

NOTES:
1.The remarrying spouse must secure a
judicial declaration of presumptive
death before contracting a subsequent
marriage to avoid criminal liability for
Bigamy.[See Art. 41, Family Code]
2.Bigamy does not apply to those
married under the Muslim Code.[PD
SPECIAL PENAL LAWS: HUMAN
TRAFFICKING, TERRORISM, HAZING,
SAFE SPACE ACT
I. HUMAN TRAFFICKING

Republic Act 9208 (Anti-Trafficking in Persons Act of 2003), as

amended by RA 10364 (Expanded Anti-Trafficking in Persons Act of
2012)
1.Elements of Trafficking in Persons (TIP):
• ACTS: Recruitment, obtaining, hiring, transportation, transfer,
harboring, maintaining, or receipt of persons.
• MEANS: Use of threats, coercion, abduction, fraud, deception,
abuse of power, or vulnerability; or giving/receiving payments
or benefits to achieve consent.
• PURPOSE: Exploitation, including prostitution, forced labor,
slavery, involuntary servitude, or removal/sale of organs.

Who are Liable under RA 9208?

2.Natural persons involved in any acts of TIP.
3.Juridical persons such as agencies, organizations, or corporations
facilitating TIP.
Qualified Trafficking in Persons:

The offense is qualified if:

1.The victim is a child.
2.The offender is a spouse, parent, ascendant, sibling, guardian,
or exercises authority over the victim.
3.The crime is large-scale or committed by a syndicate.
4.The offender is a public official or a member of law
enforcement or military.
5.The victim suffers death, insanity, mutilation, or is infected with
HIV/AIDS.

Who Can File a Complaint?

6.The trafficked person or the offended party.
7.Immediate family members: Spouse, parents, siblings, or
children.
8.Any person with personal knowledge of the offense.
II.
TERRORIS
Republic Act No. 11479: Anti-Terrorism Act of 2020
Elements of Terrorism (Section 4):
1. Engages in acts intended to cause:

M • Death or serious bodily injury to a person.

• Extensive damage or destruction to public/private
property, critical infrastructure, or government
facilities.
• Extensive interference with critical infrastructure.
• Develops, manufactures, possesses, acquires,
transports, or uses weapons of mass destruction,
explosives, or dangerous substances.
• Releases dangerous substances, causing fire, floods, or
explosions.

2. Purpose:
• To intimidate the public or a segment thereof.
• Create fear, destabilize, or destroy fundamental
political, economic, or social structures.
• Provoke or influence government or international
organizations.
Who are Liable under the Act:
1. Direct Participants:
• Individuals who commit acts defined under Sections 4-12 (e.g., terrorism,
planning, inciting, recruiting for terrorism).
• Foreign terrorists (Section 11).
2. Accomplices:
• Persons providing material support or aiding terrorists (Section 12).
3. Accessories:
• Persons profiting from the crime, concealing evidence, or harboring
offenders (Section 14).
4. Public Officials:
• Public officers guilty of acts of terrorism or aiding terrorists face additional
administrative penalties (Section 15)

Qualified Terrorism (Circumstances)

• Victim is a child.
• Offender is a public official, military/law enforcement member, or someone
in authority over the victim.
• Acts result in death, mutilation, insanity, or HIV/AIDS infection.
• Penalty: Life imprisonment without parole.
III. HAZING
Republic Act No. 8049: Anti-Hazing Law
Elements of Hazing:
1.Acts:
• An initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority, or organization.
• The act places recruits, neophytes, or applicants in
embarrassing, humiliating, or physically/psychologically
harmful situations.
2. Notice:
• Written notice must be given to school authorities or the head
of the organization at least seven (7) days before the initiation.
• Notice must indicate:
• The initiation period (not exceeding three days).
• Names of participants.
• Undertaking that no physical violence will occur.
3. Supervision:
• At least two representatives from the school or organization
must be present to ensure no physical harm is inflicted.
Who are Liable:
1.Direct Participants:
• Officers and members of the fraternity, sorority, or organization
who participated in inflicting physical harm.
2. Planners:
• Officers, former officers, or alumni who planned the hazing but
were not present.
3. Parents:
• Parents of members/officers if hazing occurred in their home,
provided they had actual knowledge and failed to act.
4. Venue Owners:
• Owners of premises where hazing occurred, with actual
knowledge but failed to act, are liable as accomplices.
5. Advisers:
• Advisers present during the hazing who failed to act are liable as
principals.
6. School Authorities:
• Faculty members or school officials with knowledge of the hazing
but failed to act are liable as accomplices.
7.Corporation Officers:
• Presidents, managers, or officers of corporations engaged in
hazing for employment purposes
IV. SAFE SPACES
ACT
Republic Act No. 11313: Safe Spaces Act
Elements of the Crime of Gender-Based Sexual Harassment:

1. Acts:
• Includes physical, verbal, or online conduct that is unwelcome,
inappropriate, and causes mental, emotional, or physical distress.
• Examples:
1. Catcalling, wolf-whistling, and leering.
2. Persistent unwanted comments or requests.
3. Public masturbation, flashing, groping, stalking.
4. Sharing explicit content without consent.

2. Gender-Based Streets, Public Spaces, and Online Sexual Harassment:

• Public Spaces: Streets, public parks, schools, restaurants, and
public utility vehicles.
• Online: Misogynistic or homophobic comments, cyberstalking,
identity theft, or unauthorized sharing of explicit media.
Who are Liable:
1.Perpetrators:
• Individuals who commit acts of gender-based harassment.
• Repeat offenders face increased penalties.
2. Employers:
• Liable for failing to establish measures to prevent workplace
harassment.
• Liable for not acting on reported cases of harassment.
3. School Officials:
• Liable for failing to implement anti-harassment policies.
• May face administrative sanctions for neglect of duties.
4. Minors:
• Liable for administrative sanctions under school policies, not
criminal penalties.
5. Juridical Entities:
• Corporations or organizations where harassment occurs.
• Officers may be held personally liable.
• Government Employees and Officials:
• Subject to administrative and criminal sanctions.