ELEMENTS

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
ART. 114 TREASON
* Elements of treason:
1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or an
alien residing in the Philippines.)
2. That there is a war in which the Philippines is involved
3. That the offender either (modes of committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or comfort.
* Ways of proving treason:
1. Testimony of two witnesses, at least, to the same overt act (two-witness rule)
2. Confession of guilt by the accused in an open court.
ART. 116 MISPRISION OF TREASON
* Elements:
1. That the offender is a citizen of the Philippines;
2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as possible to the
proper authority.
ART. 117 ESPIONAGE
* Two ways of committing:
1. By entering, without authority, a warship, fort, or military or naval establishment or
reservation to obtain any information, plan or other data of confidential nature relative to the
defense of the Philippines
* Elements:
a.. That the offender enters any of the places mentioned therein;
b. That he has no authority therefor;
c. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in the preceding paragraph, which he had in his possession by reason of
the public office he holds.
* Elements:
a. That the offender is a public officer;
b. That he has in his possession the articles, data or information referred to in par. 1
of Art. 117, by reason of the public office he holds;
c. That he discloses their contents to a representative of a foreign nation.
ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
* Elements:
1. That the offender performs unlawful or unauthorized acts;
2. That such acts provoke or give occasion for
a. A war involving or liable to involve the Philippines or

b. Expose Filipino citizens to reprisals on their persons and property.

ART. 119 VIOLATION OF NEUTRALITY
* Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by a competent authority for the purpose of enforcing
neutrality;
3. That the offender violates such regulation.
ART. 120 CORRESPONDENCE WITH HOSTILE COUNTRY
* Elements:
1. That it is made in time of war in which the Philippines is involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. If notice or information be given thereby which might be useful to the enemy.
*Circumstances qualifying the offense:
1. That the notice or information might be useful to the enemy;
2. That the offender intended to aid the enemy.
ART. 121 FLIGHT TO ENEMYS COUNTRY
* Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender owes allegiance to the Government;
3. That the offender attempts to flee or go to the enemy country;
4. That going to the enemy country is prohibited by the competent authority.
ART 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
* Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By 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. That a vessel is on the high seas or on Philippine waters;
2. That the offenders are NOT members of its complement or passengers of the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings
of its complement or passengers.
*Requisites of aiding or abeting of piracy:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit
therefrom;

3. Directly or indirectly abets the commission of piracy.

ART. 123 QUALIFIED PIRACY
* Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves;
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
REPUBLIC ACT NO. 6235 ANTI-HIJACKING LAW
* Acts Punished
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling
the pilots thereof to change its course or destination;
2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or
compelling the pilots thereof to land in any part of Philippine territory;
* Aggravating circumstances to acts punished under 1 and 2:
a. When the offender has fired upon the pilot, member of the crew, or passenger of the
aircraft;
b. When the offender has exploded or attempted to explode any bomb or explosive to
destroy the aircraft;
c. Whenever the crime is accompanied by murder, homicide, serious physical injuries or
rape.
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the
Philippines flammable, corrosive, explosive or poisonous substances;
4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the
Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the
rules and regulations of the Air Transportation Office.
TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
ARTICLE 124 ARBITRARY DETENTION
* Elements:
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal ground.
* Legal grounds for the detention of persons:
1. The commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
* Arrest without warrant when LAWFUL:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. When an offense has in fact just been committed, and he has probable cause to believe based
on personal knowledge of facts and circumstances that the person to be arrested has committed
it;
3. When the person to be arrested is a prisoner, has escaped from a penal establishment, or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Revised
Rules of Criminal Procedure)

ART. 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
* Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground (Sec. 5, Rule 113, Rules of Court);
3. That he fails to deliver such person to the proper judicial authorities within:
a. 12 hrs. for offenses punishable by light penalties or their equivalent.
b. 18 hrs. for offenses punishable by correctional penalties or their equivalent.
c. 36 hrs. for offenses punishable by afflictive penalties or their equivalent.
ART. 126 DELAYING RELEASE
* Acts punished:
1. By delaying the performance of a judicial or executive order for the release of a prisoner;
2. By unduly delaying the service of the notice of such order to said prisoner;
3. By unduly delaying the proceedings upon any petition for the liberation of such person.
* Elements:
1. That the offender is a public officer or employee;
2. That 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. That the offender without good reason delays either:
a. The service of the notice of such order to 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.
ART. 127 EXPULSION
* Acts punished:
1. By expelling a person from the Philippines;
2. By compelling a person to change his residence.
* Elements:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change his
residence;
3. That the offender is not authorized to do so by law.
ART. 128 VIOLATION OF DOMICILE
* Acts Punished
1. By entering any dwelling against the will of the owner thereof;
2. By searching papers or other effects found therein without the previous consent of such
owner;
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after
having been required to leave the same.
* Common elements:
1. That the offender is public officer or employee;
2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for
papers and for other effects.
* Qualifying circumstances:

1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a crime are not returned immediately
after a search is made by the offender.
ART. 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. That the offender is a public officer or employee;
b. That he procures a search warrant;
c. That there is no just cause.
2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally
procured
* Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant;
c. That he exceeds his authority or uses unnecessary severity in executing the same.
* Instances when a warrantless search and seizure is valid
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of immigration, customs, and drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or constructive borders;
6. Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire, sanitary, and building regulations; and
8. "stop and frisk" operations. (People v. Lopez GR No. 181747 September 29, 2008)
ART. 130 SEARCHING DOMICILE WITHOUT WITNESSES
* Elements:
1. That the offender is a public officer or employee;
2. That he searches the domicile, papers or other belongings of any person;
3. That he is armed with a warrant;
4. That the owner or any member of his family or two witnesses residing in the same locality are
not present.
ART. 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS
* Acts Punished:
1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;
2. Hindering any person from joining any lawful association or from attending any of its
meetings;
3. 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.
* Common elements:
1. That the offender is a public officer;
2. That he performs any of the acts mentioned above

ART. 132 INTERRUPTION OF RELIGIOUS WORSHIP

* Elements:
1. That the offender is a public officer or employee;
2. That religious ceremonies or manifestations of any religion are about to take place or are
going on;
3. That the offender prevents or disturbs the same.
ART. 133 OFFENDING RELIGIOUS FEELINGS
* Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship (not necessary that there is a religious worship);
or
b. During the celebration of any religious ceremony;
2. That the acts must be notoriously offensive to the feelings of the faithful.
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
ART. 134 REBELLION/ INSURRECTION
* Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government.
2. For the purpose of:
a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
ii. Any body of land, naval or other armed forces; or b. Depriving the Chief Executive or
Congress, wholly or partially, of any of their powers or prerogatives.
ART. 134-A COUP DETAT
* Elements of coup detat:
1. That the offender is a person or persons belonging to military or police or holding any public
office or employment;
2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat,
strategy, or stealth;
3. That the attack is directed against duly constituted authorities of the Republic of the
Philippines or any military camp, or installation, or communication networks, public utilities or
other facilities needed for the exercise and continued possession of power;
4. That the purpose of the attack is to seize or diminish state power.
ART.135 PENALTY FOR REBELLION OR INSURRECTION OR COUP DETAT
* Persons liable for RIC:
1. Leaders
- any person who promotes, maintains, or heads a rebellion or insurrection
- any person who leads, directs or commands others to undertake a coup detat
2. Participants
- any person who participates or executes the commands of others in rebellion or
insurrection
- any person in the govt service who participates or executes directions or commands of
others in undertaking a coup detat
- any person NOT in the government service who participates, supports, finances, abets, or
aids in undertaking a coup detat

* If leader unknown, leader is any person who in fact

1. Directed the others
2. Spoke for them
3. Signed receipts and other documents issued in their name
4. Performed similar acts on behalf of the rebels
Art. 137 DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
* Acts punished:
1. Failing to resist a rebellion by all means in their power
2. Continuing to discharge the duties of their office under the control of the rebels
3. Accepting appointment to office under the rebels
ART. 138 INCITING TO REBELLION/INSURRECTION
* Elements:
1. Offender DOES NOT take up 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. Inciting is done by means of speeches, proclamations, writings, emblems, banners, or
other representations tending to the same end.
ART. 139 SEDITION
* Elements:
1. That the offenders rise publicly and tumultuously
2. That they employ force, intimidation, or other mens outside of legal methods
3. That the offenders employ any of those means to attain any of the ff objects:
- Prevent the promulgation or execution of any law or the holding of any popular
election
- Prevent the government or any public officer from freely exercising its or his
functions, or prevent the execution of any Administrative Order
- Inflict any act of hate or revenge upon the person or property of any public officer
or employee
- Commit, any act of hate or revenge against private persons or any social class
- Despoil any person or the government of all its property or any part thereof
Art. 140 PENALTY FOR SEDITION
* Person liable:
1. Leader of the sedition
2. Other persons participating in the sedition
ART. 142 INCITING TO SEDITION
* Acts punished:
1. Inciting others to commit sedition by means of speeches, proclamations, writings,
emblems cartoons, banners, or other representations tending to the same end;
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 its
duly constituted authorities.
4. Knowingly concealing such evil practices.
* Elements of act no. 1:
1. That the offender does not take direct part in the crime of sedition;

2. That he incites others to the accomplishment of any of the acts which constitute
sedition;
3. That the inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end.
* Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his
office;
2. They tend to instigate others to cabal and meet together for unlawful purposes;
3. They suggest or incite rebellious conspiracies or riots or
4. They lead or tend to stir up the people against the lawful authorities or disturb the
peace of the community, and the safety and order of the Government.
ART. 143 ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR
BODIES
* Elements:
1. That there be a projected or actual meeting of the National Assembly or any of its
committees or subcommittees, constitutional commissions or committees or divisions
thereof, or of any provincial board or city or municipal council or board;
2. That the offender, who may be any person, prevents such meeting by force or fraud.
ART. 144 DISTURBANCE OF PROCEEDINGS
* Elements:
1. That there be a meeting of Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or any provincial board or
city or municipal council or board;
2. That the offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it.
ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY
*Acts punished:
1. Using force, intimidation, threats, or frauds to prevent any member from
a. Attending the meetings of Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote.
*Elements:
a. That the offender uses force, intimidation, threats or fraud;
b. That the purpose of the offender is to prevent any member of Congress from
i. Attending the meetings of the Congress or any of its committees or
constitutional commissions, etc.; or
ii. Expressing his opinions; or
iii. Casting his vote.
2. Arresting or searching any member while Congress is in session, except in cases where
such member has committed a crime punishable under the Code by a penalty higher than
prision mayor.
*Elements:

a. That the offender is a public officer or employee;

b. That he arrests or searches any member of Congress;
c. That the Congress, at the time of arrest or search, is in regular or special session;
d. That the member arrested or searched has not committed a crime punishable
under the Code by a penalty higher than prision mayor.

ART. 146 ILLEGAL ASSEMBLIES

* Forms of illegal assemblies
1. Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under the Code
* Requisites:
a. That there is a meeting, gathering or group of persons, whether in a fixed place or
moving;
b. That the meeting is attended by armed persons;
c. That the purpose of the meeting is to commit any of the crimes punishable under the
Code.
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 a person in authority
*Requisites:
a. That there is a meeting, a gathering or group of persons, whether in a fixed place or
moving;
b. That the audiences, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.
* Persons liable:
1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
* Presumptions
If any person carries an unlicensed firearm, it is presumed that:
1. The purpose of the meeting insofar as he is concerned is to commit acts punishable under the
RPC, and
2. He is considered a leader or organizer of the meeting.
ART. 147 ILLEGAL ASSOCIATIONS
* Prohibited associations
Association totally or partially organized for
1. The purpose of committing any of the crimes punishable under the Code
2. Some purpose contrary to public morals
* Persons liable:
1. Founders, directors, and president of the association
2. Members of the association
ART. 148 DIRECT ASSAULT
* Two ways to commit:

1. Without public uprising, by employing force or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of sedition & rebellion
* Elements:
a. Offender employs force or intimidation;
b. 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. No public uprising.
2. Without public uprising, by attacking, by employing force or seriously intimidating or by
seriously resisting any person in authority (PA) or any of his agents (APA), while engaged in the
performance of official duties, or on the occasion of such performance
* Elements:
a. That the offender
- makes an attack
- employs force
- makes a serious intimidation
- makes a serious resistance
b. 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 his 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. No public uprising.
*Considered NOT in the actual performance of official duties:
1. When the PA or APA exceeds his powers or acts without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in nature.
*Two kinds of direct assault of the second form:
1. Simple assault
2. Qualified assault
*Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or employee;
3. Offender lays hands upon a person in authority.
ART. 149 INDIRECT ASSAULT
1. That a PA or an APA is the victim of any of the forms of direct assault defined in Art. 148;
2. A person comes to the aid of the APA;
3. Offender makes use of force or intimidation upon such person coming to the aid of the APA.
ART. 150: DISOBEDIENCE TO SUMMONS ISSUED BY THE NATL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEE OR DIVISIONS
*Acts punished:
1. Refusing, without legal excuse, to obey summons of Congress, or any commission or
committee chairman or member authorized to summon witnesses;

2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional
body or official;
3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records
in his possession, when required by them to do so in the exercise of their functions;
4. Restraining another from attending as a witness in such legislative or constitutional body;
5. Inducing disobedience to summons or refusal to be sworn by any such body or official.
ART. 151: RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS
OF SUCH PERSON
* Elements of resistance & serious disobedience:
1. PA 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. Act of the offender is not included in the provisions of Arts. 148-150.
*Elements of simple disobedience:
1. An APA is engaged in the performance of official duty or gives a lawful order to the offender;
2. Offender disobeys such APA;
3. Such disobedience is not of a serious nature.
ART. 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 public performances, functions or gatherings, or peaceful meetings,
if the act is not included in Arts. 131-132;
3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public
place;
ART. 154 UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
* Acts punished:
1. Publishing or causing to be published as news any false news which may endanger the public
order, or cause damage to the interest or credit of the State
2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying
or extolling any act punished by law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official resolution or document without
authority, or before they have been published officially;
4. Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or
leaflets which do not bear the real printers name, or which are classified as anonymous.
ART. 155 ALARMS AND SCANDALS
* Acts punished
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place,
which produces alarm or 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
Art. 153 is not applicable

ART. 156 DELIVERING PRISONERS FROM JAIL

* Elements:
1. That there is a person confined in a jail or penal establishment;
2. That the offender removes such person, or helps the escape of such person.
*Committed in two ways:
1. By removing a prisoner confined in jail or penal institution to take away a person from
confinement with or without the active participation of the person released
2. By helping said person to escape furnish material means to facilitate escape

ART. 157 EVASION OF SERVICE OF SENTENCE

* Elements
1. Offender is a convict by final judgment;
2. That he is serving his sentence, which consists in deprivation of liberty;
3. That he evades the service of his sentence by escaping during the term of his sentence.
* Circumstances qualifying the offense
1. By means of unlawful entry (this should be by scaling);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation;
4. Through connivance with other convicts or employees of the penal institution.
ART. 158 EVASION OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
* Elements
1. That the offender is a convict by final judgment, and is confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not participated;
3. That the offender leaves the penal institution where he is confined, on the occasion of such
disorder or during the mutiny;
4. That the offender fails to give himself up to the authorities within 48 hrs. following the
issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.
ART. 159 OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)
* Elements
1. Offender was a convict
2. He was granted a conditional pardon by the Chief Executive
3. He violated any of the conditions of such pardon
ART. 160 COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)
* Elements
1. Offender was already convicted by final judgment

2. He committed a new felony before beginning to serve such sentence or while serving the
same
* A quasi recidivist can be pardoned:
1. At the age of 70, if he shall have already served out his original sentence (and not a habitual
criminal); or
2. When he shall have completed it after reaching the said age, unless by reason of his conduct
or other circumstances, he shall not be worthy of such clemency.

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ART. 161 COUNTERFEITING SEAL OF GOVERNMENT , SIGNATURE AND STAMP OF
PRESIDENT
*Acts punished
1. Forging the Great Seal of the Government of the Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
ART. 162 USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR STAMP
*Elements:
1. That the seal of the Republic was counterfeited, or the signature or stamp of the Chief
Executive was forged by another person;
2. That the offender knew of the counterfeiting or forgery;
3. That he used the counterfeit seal or forged signature or stamp.
ART. 163 MAKING AND IMPORTING AND UTTERING FALSE COINS
*Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or uttered such coins;
3. That 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 coin of the Central Bank;
2. Coin of the minor coinage of the Philippines or the Central Bank;
3. Coin of the currency of a foreign country.
ART. 164 MUTILATION OF COINS- IMPORTATION AND UTTERANCE OF MUTILATED COINS
* Acts punished
1. Mutilating coins of the legal currency, with the intent to damage or to defraud another;
2. Importing or uttering such mutilated coins, with the further requirement that there must be
connivance with the mutilator or importer in case of uttering.
ART. 165 SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
* Acts Punished
1. Possession of coin, counterfeited or mutilated by another with intent to utter the same
knowing that it is false or mutilated;
2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.

ART. 166 FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO

BEARER AND UTTERING THE SAME
* Acts penalized:
1. Forging or falsification of treasury or bank notes or other documents payable to bearer;
2. Importation of the same: it means to bring them into the Philippines, which presupposes that
the obligations or notes are forged or falsified in a foreign country.
3. Uttering the same in connivance with forgers or importers: it means offering obligations or
notes knowing them to be false or forged, whether such offer is accepted or not, with a
representation, by words or actions, that they are genuine and with an intent to defraud.
ART. 167 COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENT NOT PAYABLE TO
BEARER
* Elements:
1. That there be an instrument payable to order or other document of credit NOT payable to
bearer;
2. That the offender either forged, imported or uttered such instrument;
3. That in case of uttering he connived with the importer or forger.
ART. 168 ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENTS OF CREDIT
* Elements:
1. That the treasury or bank note or certificate or other obligation and securities payable to
bearer or any instrument payable to order or other document of credit not payable to bearer is
forged or falsified by another;
2. The offender knows that any of these instruments is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possession with intent to use, any of the forged or falsified documents.
ART. 169 HOW FORGERY IS COMMMITTED
* How committed:
1. By giving to treasury or bank note or any instrument payable to bearer or to order the
appearance of a true and genuine document;
2. By erasing, substituting, or altering by any means the figures, letters, words or signatures
contained therein.
ART. 170 FALSIFICATION OF LEGISLATIVE DOCUMENT
* Elements:
1. That there be a bill, resolution or ordinance enacted by or approved or pending approval by
either House of the Legislative or any provincial board or municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor;
4. That alteration changed the meaning of the document.
ART. 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
*Elements:
1. That the offender is a public officer, employee or notary public or ecclesiastical minister
2. That he takes advantage of his official position when:

a. He has the duty to make or prepare or otherwise to intervene in the preparation of the
document
b. He has the official custody of the document which he falsifies
* Different Modes of Falsifying a Document:
A. Counterfeiting or imitating any handwriting, signature or rubric.
*Requisites:
1. That there be an intent to imitate or an attempt to imitate;
2. The two signatures or handwriting, the genuine and the forged bear some resemblance
to each other.
B. Causing it to appear that persons have participated in an act or proceeding when they did not
in fact so participate.
* Requisites:
1. That the offender caused it to appear in a document that a person or persons
participated in an act or proceeding;
2. That such persons did not in fact so participate in the act or proceeding.
C. Attributing to persons who have participated in any act or proceeding statements other than
those in fact made by them.
* Requisites:
1. That persons participated in an act or proceeding;
2. That such person or persons made statements in that act or proceeding;
3. That the offender in making a document, attributed to such person, statements other
than those in fact made by such person.
D. Making untruthful statements in a narration of facts.
* Requisites:
1. That the offender makes in a document statements in a narration of facts;
2. That he has the legal obligation to disclose the truth of the facts narrated by him;
3. That the facts narrated by the offender are absolutely false;
4. That the perversion of truth in the narration of facts was made with the wrongful intent
of injuring a third person.
E. Altering true dates
F. Making alteration or intercalation in a genuine document which changes its meaning.
*Requisites:
1. That there be an alteration or intercalation (insertion) on a document;
2. That it was made on a genuine document;
3. That the alteration and intercalation has changed the meaning of the document;
4. That the change made the document speak something false.
G. Issuing in an authenticated form a document purporting to be a copy of an original document
when no such original exist or including in such a copy a statement contrary to or different from
that of the genuine original.
H. Intercalating any instrument or note relative to the issuance in a protocol, registry or official
book.
ART. 172 FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS
*Acts punished:
1. Falsification of public, official or commercial document by a private individual
*Elements:
a. The offender is a private individual or a public officer or employee who did not take
advantage of his official position;

b. That he committed any of the acts of falsification enumerated in Art.171 (Pars.1-6);

c. That the falsification was committed in a public or official or commercial document.
2. Falsification of private document by any person;
*Elements:
a. That the offender committed any of the acts of falsification except those in par. 7,
enumerated in Art.171;
b. That the falsification was committed in a private document;
c. That the falsification caused damage to a third party or at least the falsification was
committed with the intent to cause damage.
3. Use of falsified documents.
* Elements:
a. Introducing in a judicial proceeding
i. That the offender knew that the document was falsified by another person;
ii. That the false document was embraced in Art. 171 or in any subdivision No.1 or 2
of Art. 172; iii. That he introduced said document in evidence in any judicial
proceeding. No damage is required.
b. Use in any other transaction
i. That the offender knew that the document was falsified by another person;
ii. That the false document was embraced in Art. 171 or in any of subdivision No. 1
or 2 of Art. 172;
iii. That he used such document (not in judicial proceeding);
iv. That the use of the false document caused damage to another or at least it was
used with intent to cause damage.
ART. 173 FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE
MESSAGES AND USE OF SAID FALSIFIED MESSAGES
* Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone messages;
2. Falsifying wireless, telegraph or telephone messages.
* Elements:
a. That the offender is an officer or employee of the government or an officer or an
employee of a private corporation, engaged in the service of sending or receiving wireless,
cable or telephone message;
b. That he commits any of the above acts.
3. Using such falsified messages.
*Elements:
a. That the accused knew that wireless, cable, telegraph or telephone message was
falsified by any person specified in 1st paragraph of Art.173;
b. That the accused used such falsified dispatch;
c. That the use of the falsified dispatch resulted in the prejudice of a third party, or that
the use thereof was with the intent to cause such prejudice.
ART. 174 FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE
*Persons liable:
1. Physician or surgeon who, in connection with the practice of profession issued a false
certificate;
2. Public officer who issued a false certificate of merit or service, good conduct or similar
circumstances;
3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.

ART. 175 USING FALSE CERTIFICATES

*Elements:
1. That a false certificate mentioned in the preceding article was issued;
2. That the offender knew that the certificate was false;
3. That he used the same.
ART. 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
*Acts punished:
1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or
implements for counterfeiting;
2. Possession with intent to use the instruments or implements for counterfeiting or falsification
made in or introduced into the Philippines by another person.
ART. 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
*Offenses contemplated:
1. Usurpation of authority
2. Usurpation of official functions
*How committed:
1. By knowingly misrepresenting oneself to be an officer, agent or representative of the
government, whether local, national or foreign;
2. By performing any act pertaining to a person in authority or public officer of the government
under the pretense of official position and without authority.
ART. 178 USING FICTITIOUS NAME AND CONCEALING TRUE NAME
* Acts punished
1. Using fictitious name
2. Concealing true name
* Elements: (using fictitious name)
1. That the offender uses a name other than his real name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
*Elements: (Concealing true name)
1. That the offender conceals:
a. his true name,
b. all other personal circumstances;
2. That the purpose is only to conceal his identity.
ART. 179 ILLEGAL USE OF UNIFORM OR INSIGNIA
* Elements:
1. That the offender makes use of insignia, uniform or dress;
2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of
person of which he is not a member; and

3. That said insignia, uniform or dress is used publicly and improperly.

FALSE TESTIMONY
*Three forms of false testimony
1. False Testimony in Criminal Cases (Art. 180-181)
2. False Testimony in Civil Cases (Art. 182)
ART. 180 FALSE TESTIMONY AGAINST A DEFENDANT
* Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against the defendant therein;
3. That the offender who gives false testimony knows that it is false; Good faith is a defense
4. That the defendant against whom the false testimony is given is either acquitted or convicted
in a final judgment.

ART. 182 FALSE TESTIMONY IN CIVIL CASES

* Elements:
That the testimony must be
1. Given in a civil case;
2. Relate to the issues presented in said case;
3. False;
4. Given by the defendant knowing it to be false;
5. Malicious and given with an intent to affect the issues presented in said case.
ART. 183 PERJURY
* Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.
* Elements:
1. That the accused made a statement under oath or executed an affidavit upon a material
matter;
2. That the statement or affidavit was made before a competent officer authorized to receive and
administer oath;
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood;
4. That the sworn statement or affidavit containing the falsity is required by law.
ART. 184 OFFERING FALSE TESTIMONY IN EVIDENCE
* Elements:
1. Offender offered in evidence a false witness or testimony;
2. He knew the witness or testimony was false;
3. Offer was made in a judicial or official proceeding.
FRAUDS
ART. 185 MACHINATIONS IN PUBLIC AUCTIONS
*Acts punished:

1. Soliciting any gift or promise as a consideration for refraining from taking part in the public
auction;
* Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of the bidders;
c. That such gift or promise was the consideration for his refraining from taking part in that
public auction.
d. That the accused had 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
artifice.
* Elements:
a. That there be a public auction;
b. Accused attempted to cause the buyers to stay away from that public auction;
c. It was done by threats, gifts, promises or any other artifice.
d. Accused had the intent to cause the reduction of the price of the thing auctioned.
ART. 186 MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
*Acts punished:
1. Combination or conspiracy to prevent free competition in market.
2. Monopoly to restrain free competition in market.
3. Making transactions prejudicial to lawful commerce or to increase the market price of
merchandise.
*Persons liable:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or object of commerce.
*How committed:
1. combining,
2. conspiring, or
3. agreeing with any person.
*President and directors or managers are liable when they
(1) knowingly permitted or
(2) failed to prevent the commission of such offenses.
ART. 187 IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS
*Articles or merchandise involved: Gold, Silver, Other precious metals, or Their alloys.
*Elements:
1. That the offender imports, sells or disposes any of those articles;
2. That the stamps, brands or marks of those articles or merchandise fail to indicate the actual
fineness or quality of said metal or alloy;
3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness
or quality of said metal or alloy.

TITLE FIVE: CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS

REPUBLIC ACT NO. 9165 Comprehensive Dangerous Drugs Act of 2002
* Acts Punished:
1. Importation of dangerous drugs and/or controlled precursors and essential chemicals.
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of
dangerous drugs and/or controlled precursors and essential chemicals.
3. Maintenance of a den, dive or resort.
4. Employment in and visiting a den, dive or resort.
5. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals.
6. Illegal chemical diversion of controlled precursors and essential chemicals.
7. Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for
dangerous drugs and/or controlled precursors essential chemicals.
8. Possession of dangerous drugs.
9. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
10. Possession of dangerous drugs during parties, social gatherings or meetings or in the
proximate company of at least 2 persons.
11. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs
during parties, social gatherings or meetings or in the proximate company of at least 2 persons.
12. Use of dangerous drugs.
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof.
14. Failure to maintain and keep records of transactions on dangerous drugs and/or controlled
precursors and essential chemicals. (Sec. 17) 15. Unnecessary prescription of dangerous drugs.
16. Unlawful prescription of dangerous drugs.
* Custody and Disposition of Confiscated, Seized, Surrendered Dangerous Drugs, Paraphernalia
etc. (Sec. 21)
1. Physical inventory and photograph the articles seized in the presence of the accused, his
representative or counsel, a representative from the media and the DOJ, and any elected public
official who shall be required to sign the copies of the inventory and be given a copy thereof.
2. Submit the article within 24 hours to the PDEA Forensic Laboratory for a qualitative and
quantitative examination.
3. Certification of the results of the laboratory examination within 24 hours from the receipt of
the subject items.
4. Filing of the criminal case in court.
5. Ocular inspection by the Court of the subject seized, confiscated or surrendered.
6. Within the next 24 hours, the burning or destroying of the items in the presence of the
accused or his counsel, representative from the media, DOJ, civil society, and any elected public
official.
7. Sworn certification of the burning or disposal is issued by the DDB.
8. Submission of the sworn certificate of destruction or burning to the court.
9. After promulgation of judgment by the court, the representative sample, with leave of court,
shall be turned over to the PDEA which shall destroy the same within 24 hours from its receipt.
10. The DDB shall be informed of the termination of the case.
* Requisites for immunity from prosecution and punishment: (Sec. 33)
1. The accused should be prosecuted for violation of Sec. 7, 11, 12, 14, 15, and 19 of the said
Act;

2. Voluntarily gives information of any of these acts: Sec. 4, 5, 6, 8, 12, 13, and 16; violation of
any other provisions of the Act if committed by a syndicate including any information leading to
the whereabouts, identities, and arrests of any/ all of the syndicate members;
3. He willingly testifies against any of the individuals;
4. His testimony has complied with the following:
a. It is necessary for the conviction of the above persons;
b. It is not yet in the possession of the State;
c. It can be substantially corroborated in his material points;
d. The witness has not been convicted of the crime involving moral turpitude except when
there is no evidence available for his prosecution other than the testimony of the witness;
e. The witness shall strictly and faithfully comply without delay any conditions/
undertaking lawfully imposed by the State;
f. The witness does not appear to be the most guilty; and
g. There is no direct evidence of available mistake except for the testimony of the witness.
TITLE SIX: CRIMES AGAINST PUBLIC MORALS
ART. 195 KNOWINGLY PERMITTING GAMBLING TO BE CARRIED ON IN A PLACE OWNED
OR CONTROLLED BY THE OFFENDER
* Elements:
1. That a gambling game was carried on in an inhabited or uninhabited place or in any building,
vessel or other means of transportation;
2. That the place, building, vessel or other means of transportation is owned or controlled by the
offender
3. That the offender permitted the carrying on of such game, knowing that it is a gambling game.
ART. 196 IMPORTATION SALE AND POSSESSION OF LOTTERY TICKETS OR
ADVERTISEMENTS
* Acts punished relative to lottery tickets or advertisements:
1. By importing into the Philippines from any foreign place or port any lottery ticket or
advertisement.
2. By selling or distributing the same in connivance with the importer.
3. By possessing, knowingly and with intent to use, lottery tickets or advertisements.
4. By selling or distributing the same without connivance with the importer.
ART. 197 REPEALED BY PD 483 Penalizing Betting, Game-fixing or Point-Shaving and
Machinations in Sport Contests
* Acts punishable:
Game-fixing, point-shaving, game machination, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts, jai-alai, pelota and all other sports
contests, games or races; as well as betting therein except as may be authorized by law (Sec. 2)
ART. 198 ILLEGAL BETTING ON HORSE RACES
* Acts punishable
1. By betting on horse races during the periods not allowed by law.
2. By 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.
* Horse Races are allowed during:
1. Sundays not reserved
2. 24 Saturdays

3. Legal Holidays
EXCEPT:
Independence Day, Rizal Day, Registration or Voting day, Holy Thursday, Good Friday
ART. 199 ILLEGAL COCKFIGHTING
Modified by: PD 449
* Under PD 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in cockfights, by betting money or other
valuable things in a day other than those permitted by law.
2. Any person who, directly or indirectly, organizes cockfights at which bets are made in a day
other than those permitted by law.
3. Any person who, directly or indirectly, participates in cockfights, by betting money or other
valuable things at a place other than a licensed cockpit.
4. Any person who, directly or indirectly, organizes cockfights at which bets are
made at a place other than a licensed cockpit.
5. Owner, manager or lessee of the cockpit who shall permit gambling of any kind on the
premises of the cockpit or place of cockfighting during cockfights.
* Cockfighting is allowed during:
1. Sundays
2. Legal Holidays
EXCEPT:
Rizal Day, Independence Day, National Heroes Day, Holy Thursday, Good Friday, Election
or Referendum Day, During the Registration days for election or referendum
3. During local fiestas for not more than 3 days
4. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of three days
ART. 200 GRAVE SCANDAL
* Elements:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous as offending against decency or good customs.
3. That the highly scandalous conduct is not expressly falling within any article of this Code.
4. That the act or acts complained of be committed in a public place or within the public
knowledge or view.
ART. 201 IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
* Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals.
2. The authors of obscene literature, published with their knowledge in any form; the editors
publishing such literature; and the owners, operating the establishment or selling the same
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral
shows which are proscribed or are contrary to morals, good customs, established policies, lawful
orders, decrees and edicts 4. Those who shall sell, give away or exhibit films, prints, engravings,
sculpture or literature which are offensive to morals
ART. 202 VAGRANTS AND PROSTITUTES
* Persons Liable:

1. Any person having no apparent means of subsistence, who has the physical ability to work and
who neglects to apply himself to some lawful calling; (Mendicant)
2. Any person found loitering about public or semipublic buildings or places or tramping or
wondering about the country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those who
habitually associate with prostitutes; (Vagrant)
4. Any person who, not being included in the provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited place belonging to another without any lawful or
justifiable purpose.
5. Prostitutes
Persons Liable under PD 1563 or the Mendicancy Law:
1. Mendicant himself
2. Any person who abets mendicancy by giving alms directly to mendicants, exploited infants,
and minors on public roads, sidewalks, parks and bridges.
TITLE SEVEN: CRIMES COMMITTED BY A PUBLIC OFFICER
ART. 203 WHO ARE PUBLIC OFFICERS
* Requisites:
To be a public officer one must be
1. Taking part in the performance of public functions in the government, or performing in said
Government or in any of its branches public duties as an employee, agent or subordinate official,
of any rank or class;
2. That his authority to take part in the performance of public functions or to perform public
duties must be
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent
ART. 204 KNOWINGLY RENDERING UNJUST JUDGMENT
* Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.
ART. 205 JUDGMENT RENDERED THROUGH NEGLIGENCE
* Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or ignorance.
ART. 206 UNJUST INTERLOCUTORY ORDER
* Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree, or

b. Renders a manifestly unjust interlocutory order or decree through inexcusable

negligence or ignorance.
ART. 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
* Elements:
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to
inflict damage on either party in the case.
ART. 208 PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
*Acts punished:
1. By maliciously refraining from instituting prosecution against violators of the law;
2. By maliciously tolerating the commission of a crime.
*Elements:
1. That the offender is a public officer who has a duty to cause the prosecution of, or to
prosecute offenses;
2. That knowing the commission of the crime, he does not cause the prosecution of the criminal
or knowing that a crime is about to be committed he tolerates its commission; and
3. That the offender acts with malice and deliberate intent to favor the violator of the law.
* Persons liable
1. Public officer
(Officers of the prosecution department, whose duty is to institute criminal proceedings upon
being informed)
2. Officer of the law
ART. 209 BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF
SECRETS
* Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance
2. Revealing any of the secrets of his client learned by him in his professional capacity
3. Undertaking the defense of the opposing party in the same case without the consent of his
first client after having undertaken the defense of said first client or after having received
confidential information from said client
ART. 210 DIRECT BRIBERY
*Acts Punished
1. By agreeing to perform, or by performing in consideration of any offer, promise, gift or
present, an act constituting a crime, in connection with the performance of official duties.
2. By 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. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do,
in consideration of a gift or promise.
*Elements of direct bribery:

1. That the offender be a public officer;

2. That the offender accepts an offer or a promise or receives a gift or present by himself or
through another;
3. That 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. That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.
ART. 211 INDIRECT BRIBERY
* Elements:
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by reason of his office.
* PD 46 punishes:
1. Any public official or employee who receives, directly or indirectly; and
2. Any private person who gives, or offers to give:
ART. 211-A QUALIFIED BRIBERY
* Elements:
1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who has committed a
crime punishable by reclusin perpetua and/or death;
3. That the offender refrains from arresting or prosecuting the offender in consideration of any
promise, gift or present.

ART. 212 CORRUPTION OF PUBLIC OFFICIALS

*Elements:
1. That the offender makes, offers or promises or gives gifts or presents to a public officer; and
2. That 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.
REPUBLIC ACT NO. 3019 As amended by RA 3047, PD 77, and BP 195 Anti-Graft and
Corrupt Practices Act
* Acts punished:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or

capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining, directly
or indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage, or
of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance
of its authorized release date.

ART. 213 FRAUD AGAINST THE TREASURY AND SIMILAR OF OFFENSES

*Acts Punished
1. By entering into an agreement with any interested party or speculator or making use of any
other scheme, to defraud the Government, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts relating to public
property or funds
2. By demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law, in the collection of taxes, licenses, fees, and other imposts
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by
him officially, in the collection of taxes, licenses, fees and other imposts
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law, in the collection of taxes, licenses, fees
and other imposts

*Elements of frauds against public treasury (Par. 1):

1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the transaction in
his official capacity;
3. That he entered into an agreement with any interested party or speculator or made use of any
other scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating to public property or funds
4. That the accused had intent to defraud the Government.
* Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts;
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger than
those authorized by law; or
b. Failing voluntarily to issue a receipt, as provided by law , for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
ANTI MONEY LAUNDERING ACT
* Acts punished
(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary
instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.

"Covered transaction" - is a single, series, or combination of transactions involving a total

amount in excess of Four million Philippine pesos (Php4,000,000.00) or an equivalent amount in
foreign currency based on the prevailing exchange rate within five (5) consecutive banking days
except those between a covered institution and a person who, at the time of the transaction was
a properly identified client and the amount is commensurate with the business or financial
capacity of the client; or those with an underlying legal or trade obligation, purpose, origin or
economic justification.
'Suspicious transaction' are transactions with covered institutions, regardless of the amounts
involved, where any of the following circumstances exist:
1. there is no underlying legal or trade obligation, purpose or economic justification;
2. the client is not properly identified;

3. the amount involved is not commensurate with the business or financial capacity of the client;
4. taking into account all known circumstances, it may be perceived that the clients transaction
is structured in order to avoid being the subject of reporting requirements under the Act;
5. any circumstance relating to the transaction which is observed to deviate from the profile of
the client and/or the clients past transactions with the covered institution;
6. the transaction is in any way related to an unlawful activity or offense under this Act that is
about to be, is being or has been committed; or
7. any transaction that is similar or analogous to any of the foregoing."

ART. 214 OTHER FRAUDS

*Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 (estafa, other
forms of swindling, swindling a minor, and other deceits).
ART. 215 PROHIBITED TRANSACTIONS
* Elements:
1. That the offender is an appointive public officer;
(Examples: justices, judges or fiscals, employees engaged in the collection and
administration of public funds)
2. That he becomes interested, directly or indirectly, in any transaction of exchange or
speculation;
3. That the transaction takes place within the territory subject to his jurisdiction;
4. That he becomes interested in the transaction during his incumbency.
ART. 216 POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
* Persons liable:
1. Public officer who, directly or indirectly, became interested in any contract or business in
which it was his official duty to intervene.
2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or
transaction connected with the estate or property in the appraisal, distribution or adjudication of
which they had acted.
3. Guardians and executors with respect to the property belonging to their wards or the estate.
ART. 217 MALVERSATION OF PUBLIC FUNDS OR PROPERTY PRESUMPTION OF
MALVERSATION
* Acts punished:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take
such public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

* Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of the duties of his office
3. That those funds or property were public funds or property for which he was accountable
4. That he appropriated, took, misappropriated or consented, or through abandonment or
negligence, permitted another person to take them.
*Malversation may be committed by private individuals in the following cases:
1. Those in conspiracy with public officers guilty of malversation
2. Those who are accessory or accomplice to a public officer
3. Custodian of public funds or property in whatever capacity
4. Depositary or administrator of public funds or property
ART. 218 FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
* Elements:
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds or property.
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months after such accounts should be rendered.
ART. 219 FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY
* Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for public funds or property;
3. That he must have unlawfully left (or be on the point of leaving) the Philippines without
securing from the Commission on Audit a certificate showing that his accounts have been finally
settled.
ART. 220 ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
* Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his administration;
3. That such public fund or property has been appropriated by law or ordinance;
4. That he applies the same to a public use other than that for which such funds or property has
been appropriated by law or ordinance.
ART. 221 FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
* Acts Punished
1. By failing to make payment by a public officer who is under obligation to make such payment
from Government funds in his possession.
* Elements:
a. Public officer has government funds in his possession.
b. He is under obligation to make payment from such funds.
c. He fails to make the payment, maliciously.
2. By refusing to make delivery by a public officer who has been ordered by competent authority
to deliver any property in his custody or under his administration

ART. 222 OFFICERS INCLUDED IN THE PRECEDING PROVISIONS

* Private individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity whatsoever, have charge of any national, provincial or
municipal funds, revenue or property
2. Administrator, depository of funds or property attached, seized, or deposited by public
authority even if such property belongs to a private individual
ART. 223 CONNIVING WITH OR CONSENTING TO EVASION
* Elements:
1. That the offender is a public officer;
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in the latters escape.
* Classes of prisoner involved:
1. If the fugitive has been sentenced by final judgment to any penalty.
2. If the fugitive is held only as detention prisoner for any crime or violation of law or municipal
ordinance.
ART. 224 EVASION THROUGH NEGLIGENCE
* Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or
prisoner by final judgment;
3. That such prisoner escapes through his negligence.
* Liability of escaping prisoner:
1. If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of the
service of sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not incur criminal liability.
ART. 225 ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
* Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under arrest is confided to him;
3. That the prisoner or person under arrest escapes;
4. That the offender consents to the escape of the prisoner or person under arrest, or that the
escape takes place through his negligence.
ART. 226 REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS
* Elements:
1. That the offender be a public officer;
Note: If the offender is a private individual, estafa is committed if there is damage caused. If
there is no damage, the crime is malicious mischief.

2. That he removes, conceals or destroys documents or papers;

3. That the said documents or papers should have been entrusted to such public officer by
reason of his office;
4. That damage, whether serious or not, to a third party or to the public interest should have
been caused.

ART. 227 OFFICER BREAKING SEAL

* Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority;
4. That he breaks the seals or permits them to be broken.
ART. 228 OPENING OF CLOSED DOCUMENTS
* Elements:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents, or objects.
4. That he does not have the proper authority.
ART. 229 REVELATION OF SECRETS BY AN OFFICER
* Acts punished:
1. By revealing any secret known to the offending public officer by reason of his official capacity.
* Elements:
1. That the offender is a public officer;
2. That he knows of the secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons;
4. That damage, great or small, be caused to public interest.
2. By delivering wrongfully papers or copies of papers of which he may have charge and which
should not be published.
* Elements:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest
ARTICLE 230 PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
*Elements:
1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by reason of his office;
3. That he reveals such secrets without authority or justifiable reason.
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS (ARTS. 231-245)
ART. 231 OPEN DISOBEDIENCE
* Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all legal formalities;
4. That the offender without any legal justification openly refuses to execute said judgment,
decision or order, which he is duty bound to obey.

ART. 232 DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER
* Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.
ART. 233 REFUSAL OF ASSISTANCE
* Elements:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lends his cooperation towards
the administration of justice or other public service.
3. That the offender fails to do so maliciously.
ART. 234 REFUSAL TO DISCHARGE ELECTIVE OFFICE
* Elements:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said office; and
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.
ART. 235 MALTREATMENT OF PRISONERS
* Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner convicted by final judgment or a detention prisoner;
3. That 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:
i. by the imposition of punishments not authorized by the regulations, or
ii. by inflicting such punishments (those authorized) in a cruel and humiliating
manner;
b. By maltreating such prisoner to extort a confession or to obtain some information from
the prisoner.
ARTICLE 236 ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
* Elements:
1. That the offender is entitled to hold a public office or employment, either by election or
appointment;
2. That the law requires that he should first be sworn in and/or should first give a bond;
3. That he assumes the performance of the duties and powers of such office;
4. That he has not taken his oath of office and/or given the bond required by law.
ART. 237 PROLONGING PERFORMANCE OF DUTIES AND POWERS
* Elements:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office, has
already expired;

3. That he continues to exercise the duties and powers of such office.

ART. 238 ABANDONMENT OF OFFICE
* Elements:
1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted;
4. That he abandons his office to the detriment of the public service.
ART. 239 USURPATION OF LEGISLATIVE POWER
* Elements:
1. That the offender is an executive or judicial officer;
2. That he:
a. Makes general rules or regulations beyond the scope of his authority or
b. Attempts to repeal a law or
c. Suspends the execution thereof.
ART. 240 USURPATION OF EXECUTIVE FUNCTIONS
* Elements:
1. That the offender is a judge;
2. That he:
a. Assumes a power pertaining to the executive authorities; or
b. Obstructs the executive authorities in the lawful exercise of their powers.
ART. 241 USURPATION OF JUDICIAL FUNCTIONS
* Elements:
1. That the offender is an officer of the executive branch of the Government;
2. That he:
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision rendered by any judge within his
jurisdiction.
ART. 242 DISOBEYING REQUEST FOR DISQUALIFICATION
* Elements:
1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding his jurisdiction, which is
not yet decided;
4. That he has been lawfully required to refrain from continuing the proceeding;
5. That he continues the proceeding.
ART. 243 ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY
* Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any judicial authority;
3. That the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.

ART. 244 UNLAWFUL APPOINTMENTS

* Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualifications therefor;
4. That the offender knows that his nominee or appointee lacks the qualification at the time he
made the nomination or appointment.
ART. 245 ABUSES AGAINST CHASTITY PENALTIES
* Ways to commit:
1. By soliciting or making immoral or indecent advances to a woman interested in the 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. By soliciting or making immoral or indecent advances to a woman under the offenders
custody.
3. By 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. That the offender is a public officer;
2. That he solicits or makes immoral or indecent advances to a woman;
3. That such woman must be
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.
TITLE EIGHT: CRIMES AGAINST PERSONS
ART. 246 PARRICIDE
* Elements:
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That 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.
* Cases of parricide when the penalty shall NOT be reclusion perpetua to death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances (Art. 247).
ART. 247 DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
* Elements:
1. That 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. That 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; and
3. That 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 others.
ART. 248 MURDER
Murder unlawful killing of any person which is not parricide or infanticide, provided that any of
the following circumstances is present:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employs
means to weaken the defense, or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, 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;
4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. (As amended by RA No. 7659)
*Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying circumstances mentioned in Art. 248;
and
4. That the killing is not parricide or infanticide.
ART. 249 HOMICIDE
* Elements:
1. That a person was killed;
2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill, which is presumed; and
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that
of parricide or infanticide.
ART. 251 DEATH CAUSED IN A TUMULTUOUS AFFRAY
* Elements:
1. That there be several persons;
2. That they did not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally, otherwise, they may be held liable as co-conspirators;
3. That these several persons quarreled and
assaulted one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
* Persons liable:
1. The person or persons who inflicted the serious physical injuries are liable.

2. If it is not known who inflicted the serious physical injuries on the deceased ALL the persons
who used violence upon the person of the victim are liable, but with lesser liability.
ARTICLE 252 PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
* Elements:
1. That there is a tumultuous affray as referred to in Art. 251;
2. That a participant or some participants thereof suffer serious physical injuries or physical
injuries of a less serious nature only;
3. That the person responsible therefor cannot be identified; and
4. That all those who appear to have used violence upon the person of the offended party are
known.
ART. 253 GIVING ASSISTANCE TO SUICIDE
* Acts punished:
1. By assisting another to commit suicide, whether the suicide is consummated or not;
2. By lending his assistance to another to commit suicide to the extent of doing the killing
himself.
ART. 254 DISCHARGE OF FIREARMS
* Elements:
1. That the offender discharges a firearm against or at another person; and
2. That the offender has no intention to kill that person.
ART. 255 INFANTICIDE
* Elements:
1. That a child was killed;
2. That the deceased child was less than three days (72 hours) of age; and
3. That the accused killed the said child.
ART. 256 INTENTIONAL ABORTION
* Ways to commit:
1. By using any violence upon the person of the pregnant woman;
2. By acting, without using violence and without the consent of the woman (by administering
drugs or beverages upon such pregnant woman without her consent; and
3. By acting, with the consent of the pregnant woman, by administering drugs or beverages.
*Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman;
3. That 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; and
4. That the abortion is intended.
* Person liable in Intentional Abortion:
1. The person who intentionally caused the abortion under Art. 256;
2. The pregnant woman if she consented under Art. 258.
ART. 257 UNINTENTIONAL ABORTION

* Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in the womb or after having been
expelled therefrom.
ART. 258 ABORTION PRACTICED BY THE WOMAN HERSELF OR HER PARENTS
* Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended; and
3. That the 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.
ART. 259 ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE IN DISPENSING OF
ABORTIVES
* Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or midwife, causes, or assists in causing the
abortion; and
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
* As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician; and
3. That the offender dispenses any abortive.
ART. 260 RESPONSIBILITY OF PARTICIPANTS IN A DUEL
* Acts punished:
1. By killing ones adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
3. By making a combat although no physical injuries have been inflicted.
* Persons liable:
1. The person who killed or inflicted physical injuries upon his adversary or both combatants in
any other case, as principals.
2. The seconds, as accomplices.
ART. 261 CHALLENGING TO A DUEL
* Acts Punished
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge to a duel; and
3. By scoffing or decrying another publicly for having refused to accept a challenge to fight a
duel.
* Persons liable: Challenger and Instigators

PHYSICAL INJURIES
ART. 262 MUTILATION
* Two kinds:
1. By intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction (castration).
* Elements:
a. That there be castration, that is, mutilation of organs necessary for generation, such as
penis or ovarium; and
b. That the mutilation is caused purposely and deliberately, that is, to deprive the
offended party of some essential organ for reproduction.
2. By 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 the body (mayhem).
ART. 263 SERIOUS PHYSICAL INJURIES
* How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
*Elements
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, a foot,
an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore habitually engaged, in
consequence of the physical injuries inflicted.
3. When the person injured a. Becomes deformed, or
b. Loses any other member of his body, or
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
* Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
*Qualifying Circumstances:
1. Offense committed against persons enumerated in the crime of parricide.
2. With the attendance of circumstance which qualify the crime to murder.

ART. 264 ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES

* Elements:
1. That the offender inflicted upon another any serious physical injury;
2. That it was done by knowingly administering to him any injurious substances or beverages or
by taking advantage of his weakness of mind or credulity; and
3. That he had no intent to kill.
ART. 265 LESS SERIOUS PHYSICAL INJURIES
* Elements:
1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days,
or needs attendance for the same period; and
2. The physical injuries must not be those described in the preceding articles.
* Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to arresto mayor, shall be imposed for less serious
physical injuries when:
a. There is 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 offenders parent, ascendant, guardian, curator or teacher; or
b. Persons of rank or persons in authority, provided the crime is not direct assault.
The law includes 2 subdivisions:
1. The inability for work; and
2. The necessity for medical attendance
ART. 266 SLIGHT PHYSICAL INJURIES AND MALTREATMENT
* Kinds:
1. Physical injuries which incapacitated the offended party 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; and
3. Ill-treatment of another by deed without causing any injury.
ART. 266-A
THE ANTI-RAPE LAW (RA 8353)
* Classification of Rape
1. Traditional Rape under Art. 335
- carnal knowledge with a woman against her will; in this case, the offender is always a
man and the offended party is always a woman.
2. Sexual Assault under R.A. 8353 (Statutory Rape)
- this is committed when the offender inserts his penis to another persons mouth or anal
orifice or by inserting an instrument or object into the genital or anal orifice of another
person. The offender and the offender can either be a man or a woman in the case of the
insertion of any instrument or object.
* How rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machinations or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
(Traditional Rape)
* Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a woman;
c. That such act is accomplished under any of the following circumstances:
i. By using force or intimidation, or
ii. When the woman is deprived of reason or otherwise unconscious, or
iii. By means of fraudulent machination or grave abuse of authority, or
iv. When the woman is under 12 years of age or demented.
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice
of another person, or any instrument or object, into the genital or anal orifice of another person.
(Statutory Rape)
* Elements:
a. That the offender commits an act of sexual assault;
b. That the act of sexual assault is committed by any of the following means:
i. By inserting his penis into another persons mouth or anal orifice;
ii. By inserting any instrument or object into the genital or anal orifice of another
person.
c. That the act of sexual assault is accomplished under any of the circumstances
enumerated under the first act of committing rape.
ART. 266-B QUALIFIED RAPE
*Rape under both acts of committing it is qualified by the following:
1. When rape is committed with the use of a deadly weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has become insane;
3. When the rape is attempted and a homicide is committed by reason of or on the occasion of
rape (special complex crime);
4. When by reason of or on occasion of rape, homicide is committed (special complex
crime);
5. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common law
spouse of the parent of the victim;
6. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
7. When the rape is committed in full view of the spouse, parent, or any of the children or other
relatives within the third civil degree of consanguinity;
8. 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;
9. When the victim is a child below 7 years old;
10. When the offender knows that he is afflicted with HIV/AIDS or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;

11. When committed by any member of the AFP or para-military units thereof of the PNP or any
law enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;
12. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability;
13. When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime;
14. When the offender knew of the mental disability, emotional disorder and/or physical disability
of the offended party at the time of the commission of the crime.
ART. 266-C EFFECT OF PARDON
* Effects of pardon:
1. The subsequent valid marriage between the offender and the offended party shall extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to the legal husband shall extinguish the criminal
action or the penalty,
PROVIDED that the crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio.
ART. 266-D PRESUMPTIONS
* Evidence which may be accepted in the prosecution of rape:
1. Any physical overt act manifesting resistance against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situated as to render him/her incapable of giving his/her
consent
RA 9262 ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
* Acts punished
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence":
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.

C. "Psychological violence" - acts or omissions causing or likely to cause mental or emotional

suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
D. "Economic abuse":
1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.

RA 9775 ANTI CHILD PORNOGRAPHY ACT

* Unlawful or Prohibited Acts:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.

RA 8049 ANTI HAZING LAW

* Allowed Initiation Rites
1. Those that have prior written notice to the school authorities or head of organization 7 days
before the conduct of such initiation.
The written notice shall contain the following:
1. Period of the initiation activities which shall not exceed 3 days
2. Names of those to be subjected to such activities
3. Undertaking that no physical violence be employed by anybody
* Punishable acts: All acts so long as it caused physical injuries at the very least.
* Persons liable:
1. Officers and members of the fraternity, sorority or organization who actually participated in
the infliction of physical harm shall be liable as principals if the person subjected to hazing
suffers any physical injury or dies as a result thereof. 2. Owner of the place where the hazing is
conducted shall be liable as an accomplice when he has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same from occurring.
3. Parents shall be liable as principals when they have actual knowledge of the hazing
conducted in the home of one of the officers or members of the fraternity, sorority or
organization, but failed to prevent the same.
4. School authorities and faculty members shall be liable as accomplices - when they consent to
the hazing or have actual knowledge thereof, but failed to take any action to prevent the same
from occurring.
5. Officers, former officers or alumni of the organization, group, fraternity or sorority shall be
liable as principals - if they actually planned the hazing, although not present when the acts
constituting the hazing were committed.
6. Officers or members of the organization, group, fraternity or sorority shall be liable as
principals - if they knowingly cooperated in carrying out the hazing by inducing the victim to be
present thereat.
7. The fraternity or sororitys adviser shall be liable as principal - if he was present when the acts
constituting the hazing were committed and failed to take any action to prevent the same.
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
ILLEGAL DETENTION
ART. 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION
* Elements:
1. Offender is a private individual who is not any of the parents of the victim nor a female;
2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty;

3. That the act of detention or kidnapping must be illegal;

4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days; or
b. That it is committed simulating public authority; or
c. That any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public officer
* Qualifying Circumstances:
1. If the purpose is to extort ransom;
2. When the victim is killed or dies a consequence of the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or dehumanizing act.
ART. 268 SLIGHT ILLEGAL DETENTION
* Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner deprives him of his liberty;
3. That the act of kidnapping or detention is illegal;
4. That the crime is committed without the attendance of the circumstances enumerated in Art.
267.
* Circumstances to mitigate liability:
1. Offender voluntarily releases the person so kidnapped or detained within three days from the
commencement of the detention
2. Without having attained the purpose intended; and
3. Before the institution of criminal proceedings against him.
ART. 269 UNLAWFUL ARREST
* Elements:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is unauthorized by law or there is no reasonable ground therefor.
KIDNAPPING OF MINORS
ART. 270 FAILURE TO RETURN A MINOR
* Elements:
1. That the offender is entrusted with the custody of a minor person (less than 18 years old);
2. That he deliberately fails to restore the said minor to his parents or guardian;

ART. 271 INDUCING A MINOR TO ABANDON HIS HOME

* Elements:
1. That a minor (less than 18 years old) is living in the home of his parents or guardian or the
person entrusted with his custody;
2. That the offender induces said minor to abandon such home.
* Inducement must be
(a) actual,
(b) committed with criminal intent and

(c) determined by a will to cause damage.

SLAVERY AND SERVITUDE
ART. 272 SLAVERY
* Elements:
1. That the offender purchases, sells, kidnaps or detains a human being;
2. That the purpose of the offender is to enslave such human being.
* Qualifying circumstance: When the purpose of the offender is to assign the offended party to
some immoral traffic.
ART. 273 EXPLOITATION OF CHILD LABOR
* Elements:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor;
3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor.
ART. 274 SERVICES RENDERED UNDER COMPULSION IN PAYMENT
* Elements:
1. That the offender compels a debtor to work for him, either as household servant or farm
laborer;
2. That it is against the debtors will;
3. That the purpose is to require or enforce the payment of a debt.
CRIMES AGAINST SECURITY
ART. 275 ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN
VICTIM
* Acts punished:
1. By failing to render assistance to any person whom the offender finds in an uninhabited 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:
a. The place is uninhabited;
b. The accused found there a person wounded or in danger of dying;
c. The accused can render assistance without detriment to himself;
d. 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 seven years of age whom the offender has found abandoned,
to the authorities or to his family, or by failing to take him to a safe place.
ART. 276 ABANDONING A MINOR
* Elements:
1. That the offender has the custody of a child;
2. That the child is under seven years of age.
3. That he abandons such child;
4. That he has no intent to kill the child when the latter is abandoned.

* Circumstances Qualifying the Offense:

1. When the death of the minor resulted from such abandonment; or
2. If the life of the minor was in danger because of the abandonment
ART. 277 ABANDONMENT OF MINOR ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE
OF PARENTS
*Acts punished:
1. By delivering a minor to a public institution or other persons without the consent of the one
who entrusted such minor to the care of the offender or, in the absence of that one, without the
consent of the proper authorities.
2. By neglecting his (offenders) children by not giving them the education which their station in
life requires and financial condition permits.
* Elements of Abandonment of Minor:
1. That the offender has charge of the rearing or education of a minor;
2. That he delivers said minor to a public institution or other persons;
3. That the one who entrusted such child to the offender has not consented to such act, or if the
one who entrusted such child to the offender is absent, the proper authorities have not
consented to it.
* Elements of Indifference of Parents:
1. That the offender is a parent;
2. That he neglects his children by not giving them education;
3. That his station in life requires such education and his financial condition permits it.
ART. 278 EXPLOITATION OF MINORS
* Prohibited Acts:
1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing,
physical strength, or contortion, the offender being any person.
2. Employing children under 16 years of age who are not children or descendants of the offender
in exhibitions of acrobat, gymnast, rope-walker, diver, or wild animal tamer, the offender being
an acrobat, etc., or circus manager or engaged in a similar calling.
3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the
next preceding paragraph, the offender being engaged in any of said callings.
4. Delivering a child under 16 gratuitously to any person following any calling enumerated in
paragraph two, or to any habitual vagrant or beggar, the offender being an ascendant, guardian,
teacher, or person entrusted in any capacity with the care of such child.
5. Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any calling mentioned in paragraph two, or to
accompany any habitual vagrant or beggar, the offender being any person.
* Qualifying Circumstance: Delivery of the child is made in consideration of any price,
compensation or promise
TRESPASS TO DWELLING
ART. 280 QUALIFIED TRESPASS TO DWELLING
* Elements:
1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the latters will.

* Qualifying Circumstance: If committed by means of violence/intimidation.

*Cases to which the provision of this article is NOT applicable:
1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm
to himself, the occupants of the dwelling or a third person.
2. If the purpose is to render some service to humanity or justice.
3. If the place where entrance is made is a caf, tavern, inn and other public house, while the
same are open.
ART. 281 OTHER FORMS OF TRESPASS
Elements:
1. That the offender enters the closed premises or the fenced estate of another
2. That the entrance is made while either of them is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
ART. 282 GRAVE THREATS
* Acts punished:
1. By threatening another with the infliction upon his person, honor, or property or 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 attained his purpose. (with condition)
* Elements:
a. That the offender threatens another person with the infliction upon the latters person,
honor or property, or upon that of the latters family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other condition is imposed, even though
not unlawful; d. That the offender attains his purpose.
2. By making such threat without the offender attaining his purpose. (with condition; elements
for this act are the same with the first except that the purpose is not attained.)
3. 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. (without
condition)
* Elements:
a. That the offender threatens another person with the infliction upon the latters person,
honor, or property, or upon that of the latters family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition.
ART. 283 LIGHT THREATS
* 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.
ART. 284 BOND FOR GOOD BEHAVIOR
* When a person is required to give bail bond:

1. When he threatens another under the circumstances mentioned in Art. 282.

2. When he threatens another under the circumstances mentioned in Art. 283.
ART. 285 OTHER LIGHT THREATS
* Prohibited Acts:
1. Threatening another with a weapon, or drawing such weapon in a quarrel, unless it be in lawful
self-defense.
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without
persisting in the idea involved in his threat.
3. Orally threatening to do another any harm not constituting a felony.
ART. 286 GRAVE COERCION
* Two Ways to Commit:
1. By preventing another by means of violence, threats or intimidation, from doing something not
prohibited by law. (Preventive)
2. By compelling another, by means of violence, threats or intimidation, to do something against
his will, whether it be right or wrong. (Compulsive)
*Elements:
1. That a person prevented another from doing something not prohibited by law, or by
compelling him to do something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by violence, threats or intimidation.
3. That the person that restrained the will and liberty of another has no right to do so, or in other
words, that the restraint is not made under authority of law or in the exercise of any lawful right.
* When PREVENTING is not considered Coercion:
- Under Art. 132: When a public officer prevents the ceremonies of a religious group.
- Under Art. 143: When a person prevents the meeting of a legislative assembly.
- Under Art. 145: When a person prevents a member of Congress from attending
meetings, expressing his opinions or casting his vote through the use of force or intimidation.
* When COMPELLING is not considered Coercion:
- Under Art. 127: When a public officer compels a person to change his residence.
- Under Art. 267: When a person kidnaps his debtor to compel him to pay.
* When PRISION MAYOR shall be imposed:
1. If the coercion is committed in violation of the exercise of the right of suffrage.
2. If the coercion is committed to compel another to perform any religious act.
3. If the coercion is committed to prevent another from performing any religious act.

ART. 287 LIGHT COERCION ; UNJUST VEXATION

* 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.

Unjust Vexation (Art. 287, par. 2) Includes any human conduct which although not productive
of some physical or material harm would, however, unjustly annoy or vex an innocent person
ART. 288 OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF TOKENS)
* Prohibited acts:
1. Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling
of the laborer or employee of the offender to purchase merchandise or commodities of any kind
from him
* Elements:
a. That the offender is any person, agent or officer of any association or corporation.
b. That he or such firm or corporation has employed laborers or employees
c. That he forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his or its laborers or employees to purchase merchandise or
commodities of any kind from him or from said firm or corporation.
2. Paying the wages due his laborer or employee by means of tokens or objects other than the
legal tender currency of the Philippines, unless expressly requested by such laborer or employee
* Elements:
a. That the offender pays the wages due a laborer or employee employed by him by
means of tokens or objects
b. That those tokens or objects are other than the legal tender currency of the Philippines.
c. That such employee or laborer does not expressly request that he be paid by means of
tokens or
objects.
ART. 289 FORMATION, MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL
OR LABOR THROUGH VIOLENCE OR THREATS
* Elements:
1. That the offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work;
2. That the purpose is to organize, maintain or prevent coalitions of capital or laborers or lockout
of employers.
ART. 290 DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
* Elements:
1. That the offender is a private individual or even a public officer not in the exercise of his
official function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of such other person;
4. That the offender is informed of the contents of the papers or letters seized.
* Qualifying Circumstance: Offender reveals the contents of such paper or letter of another to a
third person.
* Article 290 NOT applicable to:
1. Parents, guardians, or persons entrusted with the custody of minors with respect to the papers
or letters of the children or minors placed under their care or study;
2. Spouses with respect to the papers or letters of either of them.

ART. 291 REVEALING SECRETS WITH ABUSE OF OFFICE

*Elements:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in such capacity;
3. That he reveals such secrets.
ART. 292 REVELATION OF INDUSTRIAL SECRETS
* Elements:
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial
establishment;
2. That the manufacturing/industrial establishment has a secret of the industry which the
offender has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.
TITLE TEN: CRIMES AGAINST PROPERTY
ART. 293 WHO ARE GUILTY OF ROBBERY
* Classification of Robbery:
1. Robbery with violence against, or intimidation of persons (Arts. 294, 297 and 298).
2. Robbery by use of force upon things (Arts. 299 and 302).
* Elements of Robbery in general:
1. That there be personal property (bienes muebles) belonging to another;
2. That there is unlawful taking (apoderamiento or asportacion) of that property;
3. That the taking must be with intent to gain (animus lucrandi);
4. That there is violence against or intimidation of any person or force used upon things.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
ART 294 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
*Acts Punished
1. (a) When by reason or on occasion of the robbery, the crime of homicide is committed;
(b) or when the robbery is accompanied by rape or intentional
2. When by reason or on occasion of such robbery any of the physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted. (subdivision 1 of Art. 263)
3. When by reason or on occasion of robbery, any of the physical injuries penalized in subdivision
2 of Art. 263 is inflicted.
When the person injured a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot,
an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore habitually engaged, in
consequence of the physical injuries inflicted;
4. (a) If the violence or intimidation employed in the commission of the robbery is carried to a
degree clearly unnecessary for the commission of the crime; or
(b) When in the course of its execution, the offender shall have inflicted upon ANY PERSON
NOT RESPONSIBLE FOR ITS COMMISSION physical injuries covered by subdivisions 3 and 4 of Art.
263.
When the person injured a. Becomes deformed, or

b. Loses any other member of his body, or

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.
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.
5. If the violence employed by the offender does not cause any of the serious physical injuries
defined in Art. 263, or if the offender employs intimidation only. (simple robbery)
* SPECIAL COMPLEX CRIMES:
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
ART. 295 ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE
BY A BAND OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY
* Qualified Robbery with Violence Against or Intimidation of Persons:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car, motor vehicle, or airship; or
4. By entering the passengers compartments in a train, or in any manner taking the passengers
by surprise in their respective conveyances; or
5. On a street, road, highway, or alley, and the intimidation is made with use of firearms, the
offender shall be punished by the maximum period or the proper penalties prescribed in Art. 294.
ART. 296 DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF
* Requisites for liability for the acts of other members of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that band;
3. The other members of that band committed an assault;
4. He did not attempt to prevent the assault.
ART. 297 ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES
* Special Complex Crime: When by reason or on occasion of an attempted or frustrated robbery,
a homicide is committed.
ART. 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
* Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or deliver any public instrument or document;
3. That the compulsion is by means of violence or intimidation.
ROBBERY WITH THE USE OF FORCE UPON THINGS
ART. 299 ROBBERY IN AN INHABITED HOUSE/
PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP
* Elements: (Subdivision A)

1. The offender entered

a. an inhabited house,
b. a public building or
c. an edifice devoted to religious worship
2. 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, floor, 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
* Elements: (Subdivision B)
1. Offender is inside a dwelling house, public building or edifice devoted to religious worship,
regardless of the circumstances under which he entered it.
2. The offender takes personal property belonging to another with intent to gain under any of the
following circumstances:
a. by the breaking of internal doors, wardrobes, chests, or any other kind of sealed
furniture or receptacle
b. by taking such furniture or objects away to be broken open outside the place of the
robbery
ART. 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING
* 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. The entrance was effected through an opening not intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken open
elsewhere;
3. That with intent to gain, the offender took therefrom personal property belonging to another.
ART. 304 POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
* Elements:
1. That the offender has in his possession picklocks or similar tools;
2. That such picklocks or similar tools are specially adopted to the commission of robbery;
3. That the offender does not have lawful cause for such possession.
ART. 305 FALSE KEYS
* Inclusions:
1. Tools not mentioned in the next preceding article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender.

PRESIDENTIAL DECREE 532 (Modified Arts. 306 & 307) ANTI PIRACY AND ANTI
HIGHWAY ROBBERY LAW
* Elements:
1. The robbery should take place along the Philippine highway.
2. The act of robbery must be indiscriminate. It should not be an isolated case.
3. The victim was not predetermined.
* Punishable Acts
1. Piracy (Section 3)
2. Highway robbery/brigandage (Section 3)
3. Aiding pirates or highway robbers/ brigands or abetting piracy or highway robbery/ brigandage
(Section 4)
ART. 306 BRIGANDAGE
* Elements:
1. There be at least four armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom; or
c. To attain by means of force or violence any other purpose
ART. 307 AIDING OR ABETTING A BAND OF BRIGANDS
* Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands;
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of brigands;
b. That he gives them information on the movements of the police or other peace officers
of the government; or
c. That he acquires or receives property taken by such brigands.
THEFT
ART. 308 WHO ARE LIABLE FOR THEFT
* Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
*Ways to commit:
1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
* It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging to another; and

c. That the accused having had the opportunity to return or deliver the lost property
to its owner or to the local authorities, refrained from doing so.
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner; shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm products.
* Elements:
a. That there is an enclosed estate or a field where trespass is forbidden or which belongs
to another; b. That the offender enters the same;
c. That the offender hunts or fishes upon the same or gathers fruits, cereals, or other
forest or farm products in the estate or field; and
d. That the hunting or fishing or gathering of products is without the consent of the owner.
ART. 309 PENALTIES
* The basis of penalty in Theft is:
1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit to commit the crime.
ART. 310 QUALIFIED THEFT
* Instances to qualify theft:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is (a) motor vehicle, (b) mail matter or (c) large cattle
4. If the property stolen consists of coconuts taken from the premises of plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance
* Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owners consent;
5. That it be accomplished without the use of violence or intimidation against persons, nor of
force upon things;
6. That it be done with grave abuse of confidence.
ANTI-FENCING LAW
* Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps, acquires, conceals, sells, or disposes of, or shall buy and
sell, or in any other manner deal any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of said crime;
3. Accused knows or should have known that said article, item, object or anything of value has
been derived from the proceeds of theft or robbery;
4. Accused has intent to gain for himself or another.

USURPATION
ART 312 OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY
* Elements:
1. That the offender takes possession of any real property or usurps any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is used by the offender in occupying real
property or usurping real property or usurping real right in property;
4. That there is intent to gain.
* Acts punishable:
1. By taking possession of any real property belonging to another by means of violence against
or intimidation of persons.
2. By usurping any real rights in property belonging to another by means of violence against or
intimidation of persons.
ART. 313 ALTERING BOUNDARIES OR LANDMARK
* Elements:
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same;
2. That the offender alters said boundary marks.
CULPABLE INSOVENCY
ART. 314 FRAUDULENT INSOLVENCY
* Elements:
1. That the offender is a debtor, that is, he has obligations due and demandable;
2. That he absconds with his property;
3. That there be prejudice to his creditors.
ART. 315 SWINDLING / ESTAFA
* Ways to commit:
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.
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.
(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.
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.
* Elements in general:
1. That the accused defrauded another by abuse of confidence, or by means of deceit;
2. That the damage or prejudice capable of pecuniary estimation is caused to the offended party
or third persons.
*Damage or prejudice may consist of:
1. Offended party being deprived of his money or property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
* Elements of Estafa No. 1-A
1. That the offender has an onerous obligation to deliver something of value;
2. That he alters its substance, quantity or quality;
3. That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third persons.
* Elements of Estafa No.1-B
1. That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of, or to return, the same;
2. That there be misappropriation or conversion of such money or property by the offender, or
denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the prejudice of another;

4. That there is demand made by the offender party to the offender.

* Elements of Estafa No. 1-C
1. That the paper with the signature of the offended party be in blank;
2. That the offended party should have delivered it to the offender;
3. That above the signature of the offended party a document is written by the offender without
authority to do so;
4. That the document so written creates a liability of, or causes damage to the offended party or
any third person.
* Elements of Estafa by Means of Deceit (No. 2)
1. That there must be false pretense, fraudulent act or fraudulent means;
2. That such false pretense, act or fraudulent means must be made or executed prior to or
simultaneously with the commission of fraud.
3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his money or property because of fraudulent means;
4. That as a result thereof, the offended party suffered damage.
* Elements of Estafa No. 2-D
1. That the offender postdated a check, OR issued a check in payment of an obligation
2. That such postdating or issuing a check was done when the offender had no funds in the bank,
or his funds deposited therein were not sufficient to cover the amount of the check
* Elements of Estafa by inducing another to sign any document (Article 315 No. 3A)
1. That the offender induced the offended party to sign a document;
2. That deceit be employed to make him sign the document;
3. That the offended party personally signed the document;
4. That prejudice be caused.
* Elements of Estafa by removing, concealing or destroying documents (Article 315 No. 3C)
1. That there be court record, office files, documents or any other papers;
2. That the offender removed, concealed or destroyed any of them;
3. That the offender had intent to defraud another.
BP 22 BOUNCING CHECKS LAW
* Offenses Punished under BP 22:
1. Making or Drawing and issuing a check knowing at the time of issue that he does not have
sufficient funds.
* Elements:
a. That a person makes or draws and issues any check to apply on account or for value.
b. That the person knows that at the time of issue he does not have sufficient funds or
credit with the drawee bank for the payment of such check upon its presentment
c. That the check is subsequently dishonored by the drawee bank for insufficiency of funds
or credit, or would have been dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment.
2. Failing to keep sufficient funds to cover the full amount of the check
* Elements:
1. That a person has sufficient funds with the drawee bank when he makes or draws and
issues a check

2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount if
presented within a period of 90 days from the date of appearing thereon.
3. That the check is dishonored by the drawee bank
* Requisites for Criminal Liability under BP 22
1. A person makes, draws or issues a check as payment for account or for value.
2. That the check was dishonored by the bank due to a lack of funds, insufficiency of funds or
account already closed.
3. The payee or holder of such check gives a written notice of dishonor and demand for payment.
4. That the maker, drawer or issuer, after receiving such notice and demand, refuses or fails to
pay the value of the check within FIVE BANKING DAYS.
ART. 316 OTHER FORMS OF SWINDLING
* Persons liable:
1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber
or mortgage the same.
* Elements:
a. That the thing be immovable, such as a parcel of land or a building; (property must
actually exist)
b. That the offender who is not the owner of said property should represent that he is the
owner thereof;
c. That the offender should have executed an act of ownership (selling, leasing,
encumbering or mortgaging the real property);
d. That the act be made to the prejudice of the owner or a third person.
2. Any person who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
* Elements:
a. That the thing disposed of be real property.
b. That the offender knew that the real property was encumbered, whether the
encumbrance is recorded or not. (principle of constructive notice does not apply)
c. That there must be express representation by the offender that the real property is free
from encumbrance. d. That the act of disposing of the real property be made to the
damage of another.
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.
* Elements:
a. That the offender is the owner of personal property;
b. That said personal property is in the lawful possession of another;
c. That the offender wrongfully takes it from its lawful possessor;
d. That prejudice is thereby caused to the possessor or third person.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
5. Any person who shall accept any compensation for services not rendered or for labor not
performed.
6. Any person who shall sell, mortgage or encumber real property with which the offender
guaranteed the fulfillment of his obligation as surety.
* Elements:
a. That the offender is a surety in a bond given in a criminal or civil action;
b. That he guaranteed the fulfillment of such obligation with his real property or
properties;

c. That he sells, mortgages, or, in any manner encumbers said real property;
d. That such sale, mortgage or encumbrance is
(1) without express authority from the court, or
(2) made before the cancellation of his bond, or
(3) before being relieved from the obligation contracted by him.
ART. 317 SWINDLING A MINOR
* Elements:
1. That the offender takes advantage of the inexperience or emotions or feelings of a minor;
2. That he induces such minor to assume an obligation, or to give release, or to execute a
transfer of any property right; 3. That the consideration is some loan of money, credit, or other
personal property;
4. That the transaction is to the detriment of such minor.
ART. 318 OTHER DECEITS
1. By defrauding or damaging another by any other deceit not mentioned in the preceding
articles.
2. By interpreting dreams, by making forecasts telling fortunes, by taking advantage of the
credulity of the public in any other manner, for profit or gain.
CHATTEL MORTGAGE
ARTICLE 319 REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
* Acts punishable:
1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which it is located at the time of execution of the
mortgage, without the written consent of the mortgagee or his executors, administrators or
assigns.
* Removal of Mortgaged Property Elements:
1. That personal property is mortgaged under Chattel Mortgage Law; 2
2. That the offender knows that such property is so mortgaged;
3. That he removes such mortgaged personal property to any province or city other than
the one in which it was located at the time of the execution of the mortgage;
4. That the removal is permanent;
5. That there is no written consent of mortgagee, executors, administrators, or assigns to
such removal.
2. By selling or pledging personal property already pledged, or any part thereof, under the terms
of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the office of the register of deeds of the province
where such property is located.
* Sale or Pledge of Mortgaged Property Elements:
1. Personal property is pledged under Chattel Mortgage Law;
2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof;
3. No consent of mortgagee written on the back of the mortgage and noted on the record
thereof in the Office of the Register of Deeds.
ARSON AND OTHER CRIMES INVOLCING DESTRUCTION
ARTICLE 320-326-B REPEALED BY PD 1613 PD 1613-AMENDING THE LAW ON ARSON
* Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)

2. Destructive arson (Art. 320, as amended by RA No. 7659)

3. Other cases of arson (Sec. 3, PD No. 1613)
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of
simultaneous burnings, committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people
usually gather or congregate for a definite purpose such as, but not limited to, official
governmental function or business, private transaction, commerce, trade workshop, meetings
and conferences, or merely incidental to a definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the
offender had knowledge that there are persons in said building or edifice at the time it is set on
fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of
another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to
collect from insurance.
There is also Destructive Arson: (Art. 320, RPC)
1. When the arson is committed by 2 or more persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitutes an overt act in the
commission of another violation of the law
2. When any person shall burn:
Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance,
storehouse, archives or general museum of the Government.
In an inhabited place, any storehouse or factory of inflammable or explosive materials.
Other cases of Arson: (Sec. 3, PD 1613)
Burning of:
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, pasture land, growing crop or grain field, orchard, bamboo grove or
forest.
5. Any rice mill, sugar mill, cane mill, or mill central. 6. Any railway or bus station, airport, wharf,
or warehouse.
* Special Aggravating Circumstance on Arson (Sec. 4, PD 1613):
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender be motivated by spite or hatred towards the owner or occupant of the property
burned.
4. If committed by a syndicate - planned or carried out by three or more persons
MALICIOUS MISCHIEF

ART. 327 MALICIOUS MISCHIEF

* Elements:
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 of damaging anothers property be committed merely for the sake of damaging it.
ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National Museum or National Library, or to any archive
or registry, waterworks, road, promenade, or any other thing used in common by the public.

ART. 331 DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS

* Persons liable:
1. Any person who shall destroy or damage statues or any other useful or ornamental public
monuments.
2. Any person who shall destroy or damage any useful or ornamental painting of a public nature.
ART. 332 PERSON EXEMPT FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
* Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
* Persons exempted:
1. Spouses, ascendants and descendants, or relatives by affinity on the same line.
2. The widowed spouse with respect to the property which belonged to the deceased spouse
before the same shall have passed to the possession of another.
3. Brothers and sisters and brothers in law and sisters in law, if living together.
4. Stepfather, adopted father, natural children, concubine, paramour included as ascendants by
affinity.
TITLE ELEVEN: CRIMES AGAINST CHASTITY
ART. 333 ADULTERY
* Who are liable?
1. The married woman who engages in sexual intercourse with a man not her husband.
2. The man who, knowing of the marriage of the woman, has sexual intercourse with her.
* Elements:
1. That the woman is married;
2. That she has sexual intercourse with a man not her husband;
3. That as regards the man with whom she has sexual intercourse, he must know her to be
married.
* Requirements of pardon:
1. Must come before the institution of the criminal prosecution;
2. Both offenders must be pardoned.

There is an implied pardon: Act of intercourse with offending spouse subsequent to the
adulterous conduct
ART. 334 CONCUBINAGE
* Who are liable?
1. The married man
2. The woman who knew that the man was married.
* Elements:
1. That the man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling (mistress must live therein as such);
b. Having sexual intercourse under scandalous circumstances with a woman who is not his
wife (proof of actual sexual relations not required as long as it can be inferred);
c. Cohabiting with her in any other place (as husband and wife);
3. As regards to the woman, she must know him to be married.
ART. 336 ACTS OF LASCIVIOUSNESS
* Elements:
1. That the offender commits any act of lasciviousness or lewdness;
2. That the act of lasciviousness is committed against a person of either sex;
3. That it is done under any of the following circumstances:
a. By using force or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or is demented.
ART. 337 QUALIFIED SEDUCTION
* Two classes:
1. Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their
authority or the confidence reposed.
2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age
and reputation.
* Elements:
1. That the offended party is a virgin;
2. She must be over 12 and under 18 years of age;
3. That the offender had sexual intercourse with her;
4. That there is abuse of authority, confidence or relationship on the part of the offender.
* The following are the OFFENDERS:
1. Those who abused their authority:
- Persons in public authority
- Guardian
- Teacher
- Person who, in any capacity, is entrusted with the education or custody of the woman
seduced
2. Those who abused confidence reposed in them:
- Priest

- House servant
- Domestic
3. Those who abused their relationship:
- Brother who seduced his sister
- Ascendant who seduced his
ART. 338 SIMPLE SEDUCTION
* 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.

ART. 339 ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY
* Elements:
1. That the offender commits acts of lasciviousness or lewdness;
2. That the acts are committed upon a woman who is a virgin or single or a 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. That the offender accomplishes the acts by abuse of authority, confidence, relationship or
deceit.
ART. 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92)
* Prohibited acts to promote or facilitate the prostitution or corruption of persons under age to
satisfy the lust of another.
Special Protection of Children Against Child Abuse Act (R.A. 7610)
* Persons liable:
1. Those who engage in or promote, facilitate or induce child prostitution which include, but are
not limited to the following:
a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
c. Taking advantage of influence or relationship to procure a child as a prostitute;
d. Threatening or using violence towards a child to engage him/her as a prostitute;
e. Giving monetary consideration, goods or other pecuniary benefit to a child with the
intent to engage such child in prostitution.
2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
3. Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition to
the activity for which the license has been issued to said establishment.(Sec 5, RA
ART. 341 WHITE SLAVE TRADE
* Prohibited acts:
1. Engaging in the business of prostitution;
2. Profiting by prostitution;

3. Enlisting the services of women for the purpose of prostitution.

ABDUCTION
*Two Kinds of Abduction:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ART. 342 FORCIBLE ABDUCTION
* Elements:
1. That the person abducted is a woman; regardless of her age, civil status, or reputation;
2. That the abduction is against her will;
3. That the abduction is with lewd design.
ART. 343 CONSENTED ABDUCTION
* Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with her consent, after solicitation or
cajolery from the offender;
4. That the taking away of the offended party must be with lewd designs.
* Crimes against Chastity where age and reputation of the victim are immaterial:
1. Acts of lasciviousness against the will of the offended party or against a sister or descendant.
2. Qualified Seduction of sister or descendant.
3. Forcible Abduction.
TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS OF PERSONS
ART. 347 SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER,
CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD
* Acts punished:
1. Simulation of births;
2. Substitution of one child for another; and
3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil
status.
*In the third way of committing this crime, three requisites must be present, namely:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose its civil status.
ART. 349 BIGAMY
* Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved or, in case the spouse is absent the absent spouse
could not yet be presumed dead according to the Civil Code;
3. That he contracts a second marriage or subsequent marriage; and
4. That the second or subsequent marriage has all the essential requisites for validity.
ART. 350 MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS (Illegal Marriage)
* Elements:

1. That the offender contracted marriage

2. That he knew at the time that
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment.
* QUALIFYING CIRCUMSTANCE: if either of the contracting parties obtains the consent of the
other by means of violence, intimidation or fraud.
ART. 351 PREMATURE MARRIAGES
* Persons liable:
1. A widow who married within 301 days from the date of the death of her husband, or before
having delivered if she is pregnant at the time of his death.
2. A woman whose marriage having been annulled or dissolved, married before delivery or
before expiration of the period of 301 days after the date of legal separation.
TITLE THIRTEEN: CRIMES AGAINST HONOR
ART. 353 LIBEL
* Elements:
1. That, there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural person or a juridical person, or one who is
dead;
5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person
defamed.
* Imputation may cover:
1. Crime allegedly committed by the offended party;
2. Vice or defect, real or imaginary, of the offended party;
3. Any act, omission, condition, status of, or circumstances relating to the offended party
* 2 types of malice:
1. Malice in fact shown by proof of ill-will, hatred, or purpose to injure; also known as EXPRESS
MALICE.
2. Malice in law presumed to be malicious from the defamatory imputation even if it is true.
ART. 354 REQUIREMENT FOR PUBLICITY
* Defenses in Defamation:
1. The defamatory imputation is true, in case the law allows proof of the truth of the imputation
(see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.
* MALICE is not presumed in the following cases involving qualifiedly privileged communication:
1. Private communication made by any person to another in the performance of any legal, moral
or social duty.
* Requisites:

1. 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;
2. That the communication is addressed to an officer or a board, or superior, having some
interest or duty in the matter;
3. That the statements in the communication are made in good faith.
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial,
legislative, or other proceedings which are not of confidential nature or of any statement, report,
or speech delivered in said proceedings, or of any other act performed by public officers in the
exercise of their functions.
* Requisites:
1. That it is fair and true report of a judicial, legislative, or other official proceedings which
are not of a confidential nature, or of a statement, report or speech delivered in said
proceedings, or of any other act performed by a public officer in the exercise of his
functions;
2. That it is made in good faith;
3. That it is without any comments or remarks.
ART. 355 LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS
* Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic
10. Or any similar means
ART. 356 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR
A COMPENSATION
* Acts punished:
1. Threatening another to publish a libel concerning him, or his parents, spouse, child or other
members of the family.
2. Offering to prevent the publication of such libel for compensation or money consideration
ART. 357 PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS
* Elements:
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine;
2. He publishes facts connected with the private life of another;
3. Such facts are offensive to the honor, virtue and reputation of said person.
ART. 358 SLANDER (oral defamation)
* Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and insulting nature

ART. 359 SLANDER BY DEED

* Elements:
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 persons;
3. That such act cast dishonor, discredit, or contempt upon the offended party.
* Slander by deed is of two kinds:
1. Simple slander by deed,
2. Grave slander by deed, that is, which is of a serious nature.
Common Element of Slander by deed and Unjust Vexation: Irritation or Annoyance; without any
other concurring factor, it is only Unjust Vexation; if the purpose is to shame or humiliate,
Slander by deed.
ART. 360 PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the publication or exhibition of any defamation
in writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper magazine or serial publication.
4. The owner of the printing plant which publishes a libelous article with his consent and all other
persons who in any way participate in or have connection with its publication.
ART. 361 PROOF OF TRUTH
* When proof of the truth is admissible in a charge for Libel:
1. When the act or omission imputed constitutes a crime regardless of whether the offended
party is a private individual or a public officer.
2. When the offended party is a Government employee, even if the imputation does not
constitute a crime, provided it is related to the discharge of his official duties.
ART. 363 INCRIMINATING INNOCENT PERSONS
* Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an innocent person the commission of
a crime;
3. That such act does not constitute perjury
TITLE FOURTEEN: QUASI-OFFENSES
ART.365: IMRPUDENCE AND NEGLIGENCE
* Four ways of committing quasi- offenses:
1. By committing through reckless imprudence any act which, had it been intentional, would
constitute a grave or
less grave felony or light felony;
2. By committing through simple imprudence or negligence an act which would otherwise
constitute a grave or less serious felony;
3. By causing damage to the property of another through reckless imprudence or simple
imprudence or negligence;
4. By causing through simple imprudence or negligence some wrong which, if done maliciously,
would have constituted a light felony

* Elements of Reckless Imprudence:

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the person performing or failing to
perform such act taking into consideration
a. Employment or occupation.
b. Degree of intelligence, physical condition. and
c. Other circumstances regarding persons, time and place.
* Elements of simple imprudence:
1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused is not immediate nor the danger clearly manifest.