CRIMINAL LAW 2

BY: ATTY. JUVI H. GAYATAO

 TITLE VIII. CRIMES AGAINST
PERSONS
 Crimes against persons woman herself or by her parents
 1. Parricide (Art. 246); (Art. 258);
 2. Murder (Art. 248);  12. Abortion practiced
 3. Homicide (Art. 249); by a physician or midwife and
dispensing of abortives (Art. 259);
 4. Death caused in
a tumultuous affray (Art. 251);
 13. Duel (Art. 260);
 5. Physical injuries inflicted in a
 14. Challenging to a duel (Art. 261);
tumultuous affray (Art.252);  15. Mutilation (Art. 262);
 6. Giving assistance to suicide (Art.  16. Serious physical injuries (Art.
253); 263);
 7. Discharge of firearms (Art. 254);8  17. Administering injurious
. Infanticide (Art. 255); substances or beverages (Art.264);
 9. Intentional abortion (Art. 256);  18. Less serious physical injuries
 10. Unintentional abortion (Art. (Art. 265);
257);  19. Slight physical injuries and
 11. Abortion practiced by the maltreatment (Art. 266);and
 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. Orilla, Feb 13, 2004
 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."
 "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.
 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.
 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
 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
ILLEGITIMAT
E

(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
 Two stages contemplated before the
article will apply:
(1) When the offender surprised the other spou
se 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 ph
ysical 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.
 EVIDENT PREMEDITATION

SUFFICIENT
LAPSE OF TIME
-COLD AND DEEP EXECUTIO
PLANNING MEDITATION, AND
TENECIOUS PERSISTENCE IN
N
THE ACCOMPLISHMENT OF
THE CRIMINAL ACT. (People
vs. Gonzales, 76 Phil. 473.)
 EVIDENT PREMEDITATION

 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.
 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 mu
rder 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 i
n
price reward or promise, if without the
premeditation the inductor would not
have induced the other to commit the
(3) Abuse of superior strength is in
herent 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.
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 t
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

Frus
trat Phy
ed sical
Ho Injur
mici ies
de
 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
 Summary of PI

Serious PI
- More than 30
LSPI days
- 10 to 30 days -incapacitated
Slight PI for
- incapacitated labor/medical
-9 days and for attendance
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
 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
 Two predicates that will give rise to the
crime as robbery:
 1. By mere entering alone, a robbery will
be committed if any personal property is
taken from within;
 2. The breaking of the receptacle or closet
or cabinet where the personal property is
kept that will give rise to robbery, or the
taking of a sealed, locked receptacle to be
broken outside the premises.
 Ejusdem Generis
 latin for "of the same kind." When a
law lists lists classes of persons or
things, this concept is used to clarify
such a list

 by the breaking of doors,

wardrobes, chests, or any other kind
of locked or sealed furniture or
receptacle
 Felipe B. Ollada vs. CTA
G.R. No. L-8878
 “ejusdem generis” as a general rule of statutory
construction that where general words follow an
enumeration of persons or things, by words of a
particular and specific meaning, such general
words are not to be construed in their widest
extent, but are to be held as applying only to
persons or things of the same general kind or
class as those specifically mentioned.
 The rule teaches us that broad and
comprehensive expressions in an act, such
as “and all others,” or “any others” are usually to
be restricted to persons or things “of the
same kind” or class with those specially
named in the preceding words.
 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 1) Piracy can be committed

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

2) Can only be committed by

2) Can be committed by ANY a person who is not a
PERSON including a passenger nor member of
passenger or member of the the complement of the
complement of the vessel. 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
 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 (C)-
WIFE (A)-
HUSBAND
HUSBAND (B)
(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
 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
 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”
 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 Rep
risals, 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 GOVERNME

NT; 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
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 1) Piracy can be committed

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

2) Can only be committed by

2) Can be committed by ANY a person who is not a
PERSON including a passenger nor member of
passenger or member of the the complement of the
complement of the vessel. 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 Afflictiv
(12 years and 1 day to 20 e
years)

RTC PRISION MAYOR

(6 years and 1 day to 12 years)

PRISION CORRECCIONAL
(6 months and 1 day to 6 years)
MTC Less
ARRESTO MAYOR Grave
(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
 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
 Republic Act No. 11479-
 14 days and can be extended by 10
more days, and
placed under surveillance for 60
days, that can also be extended by
up to 30 days. (Amending RA 9372
Human Security Act, Sec. 18) -72 hrs
 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 s
ame.
 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 constitutional commissions, its committees,
 1. Rebellion or insurrection (Art. 134); etc. (Art. 150);
 2. Conspiracy and proposal to  16. Resistance and disobedience to a
commit rebellion (Art.136); person in authority or the agents of such
 3. Disloyalty to public officers or employees person (Art. 151);
(Art. 137);  17. Tumults and other disturbances of
 4. Inciting to rebellion (Art. 138); public order (Art.153);
 5. Sedition (Art. 139);
 18. Unlawful use of means of publication
and unlawful utterances (Art. 154);
 6. Conspiracy to commit sedition (Art. 141);
 19. Alarms and scandals (Art. 155);
 7. Inciting to sedition (Art. 142);
 20. Delivering prisoners from jails (Art.
 8. Acts tending to prevent the meeting of
156);
Congress and similar bodies (Art. 143);
 21. Evasion of service of sentence (Art.
 9. Disturbance of proceedings of Congress
157);
or similar bodies (Art. 144);
 22. Evasion on occasion of disorders (Art.
 10. Violation of parliamentary immunity
158);
(Art. 145);
 23. Violation of conditional pardon (Art.
 11. Illegal assemblies (Art. 146);
159);
 12. Illegal associations (Art. 147);  24. Commission of another crime during
 13. Direct assaults (Art. 148); service of penalty imposed for another
 14. Indirect assaults (Art. 149); previous offense (Art.160).
 15. Disobedience to summons issued by
Congress, its committees, etc., by the
 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 strict 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 func
tions.
 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.
 OFFENDE
R
(X)

PIA (A) APIA (B)

STRANGE
R (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 offic
ers 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 lef

t 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 un

der 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 w

hen the 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 Presid
ent;
 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 remaki
ng 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 Philippine
s any 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
169,forgery refers to th  The commission of any
e falsification and of the 8 acts mentioned
counterfeiting of in Article 171 on
treasury or bank notes legislative(only the act
or any instruments if making alteration)
payable to bearer or to public or official,
order commercial or 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);  21. Evasion through negligence (Art. 224);
 2. Judgment rendered through negligence (Art. 205);  22. Escape of prisoner under the custody of a person
 3. Unjust interlocutory order (Art. 206); nota public officer (Art. 225);
 4. Malicious delay in the administration of  23. Removal, concealment or destruction of
justice (Art.207); documents(Art. 226);
 5. Prosecution of offenses; negligence and  24. Officer breaking seal (Art. 227);
tolerance(Art. 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
 7. Direct bribery (Art. 210); individual(Art. 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
 10. Corruption of public officials (Art. 212); order was suspended by inferior officer (Art. 232);
 11. Frauds against the public treasury and similar
 30. Refusal of assistance (Art. 233);
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  34. Prolonging performance of duties and powers
officer(Art. 216); (Art.237);
 15. Malversation of public funds or property  35. Abandonment of office or position (Art. 238);
 – Presumption of malversation (Art. 217)  36. Usurpation of legislative powers (Art. 239);
 16. Failure of accountable officer to render accounts  37. Usurpation of executive functions (Art. 240);
(Art.218);  38. Usurpation of judicial functions (Art. 241);
 17. Failure of a responsible public officer to render  39. Disobeying request for disqualification (Art. 242);
accounts before leaving the country (Art. 219);  40. Orders or requests by executive officers to any
 18. Illegal use of public funds or property (Art. 220); judicial authority (Art. 243);
 19. Failure to make delivery of public funds or  41. Unlawful appointments (Art. 244); and
property(Art. 221);  42. Abuses against chastity (Art. 245).
 20. Conniving with or consenting to evasion (Art. 223);
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

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
negligence, 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