Crim QQR

2018 BAR EXAMINATIONS
CRIMINAL LAW
I. REVISED PENAL CODE (RPC) BOOK I

A. Fundamental and General Principles in Criminal Law
1. Definition of Criminal Law - branch of law, which defines crimes,
treats of their nature, and provides for their punishment.
a) Mala in Se and Mala Prohibita
BASIS MALA IN SE MALA
PROHIBITA
As to their There must be a Sufficient that the
concepts criminal intent. prohibited act was
done
Wrong from its Wrong merely
very nature. because
prohibited by
statute.
Criminal intent Criminal intent is
governs not necessary.
Generally Generally involves
punished under violation of special
the RPC. laws. NOTE: Not
all violations of
special laws are
mala prohibita.
Even if the crime is
punished under a
special law, if the
act punished is
one which is
inherently wrong,
the same is malum
in se, and,
therefore, good
faith and the lack
of criminal intent
are valid defenses
unless they are
the products of
criminal
negligence or
culpa.
Mitigating and Such
aggravating circumstances are
circumstances are not appreciated
appreciated in unless the special
imposing the law has adopted
penalties. the scheme or
scale of penalties
under the RPC.
As to legal (a) Good faith (b) (a) Good faith or
implication lack of criminal (b) lack of criminal
intent; or (c) intent are not valid
defenses; it is
2018 Bar Examinations CRIMINAL LAW
negligence are enough that the

valid defenses. prohibition was
voluntarily
violated.
Criminal liability is Criminal liability is
incurred even generally incurred
when the crime is only when the
attempted or crime is
frustrated consummated.
Penalty is The penalty of the
computed on the offender is the
basis of whether same as they are
he is a principal all deemed
offender, or principals.
merely an
accomplice or
accessory.
2. Applicability and Effectivity of the Penal Code

a) Generality
GR: The criminal law of the country governs all persons who
live or sojourn within the country regardless of their race,
belief, sex, or creed.
XPNs: a. Treaty stipulations and international agreements,
e.g. RP-US Visiting Forces Accord.
b. Laws of Preferential Application, e.g. RA 75 penalizes
acts which would impair the proper observance by the
Republic and its inhabitants of the immunities, rights, and
privileges of duly-accredited foreign diplomatic
representatives in the Philippines.
c. The principles of public international law. d. Members of
the Congress are not liable for libel or slander in connection
with any speech delivered on the floor of the house during a
regular or special session (1987 Constitution, Art. IV, Sec.
11).
Examples: i. Sovereigns and other Chiefs of States. ii.
Ambassadors, ministers, plenipotentiary, ministers resident,
and charges d’ affaires
b) Territoriality
GR: The penal laws of the country have force and effect only
within its territory.
XPNs: Art. 2 of the RPC
1. Should commit and offense while on a Philippine ship or
airship;
2. Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities issued by
the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction
into these islands of the obligations and securities
mentioned in the preceding number;
4. While being public officers or employees, should commit
an offense in the exercise of their functions; or
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5. Should commit any of the crimes against national security

and the law of nations.
c) Prospectivity
GR: Acts or omissions classified as crimes will be
scrutinized in accordance with the relevant penal laws if
these are committed after the effectivity of those penal laws.
XPN: Whenever a new statute dealing with a crime
establishes conditions more lenient or favorable to the
accused. The retroactive effect shall benefit the accused
even if at the time of the publication of the law, a final
judgment has been pronounced and the convict is already
serving his sentence.
XPNs to the XPN: The new law cannot be given retroactive
effect even if favorable to the accused:
a. When the new law is expressly made inapplicable to
pending actions or existing causes of actions
b. When the offender is a habitual criminal
B. Felonies - acts or omissions punishable by the RPC
1. Criminal Liabilities and Felonies
a) Classifications of felonies
1. As to the manner or mode of execution (RPC, Art. 3)
a. Dolo or felonies committed with deliberate intent
b. Culpa or those committed by means of fault
2. As to the stage of execution (RPC, Art. 6)
a. Consummated - A felony is consummated when
all the acts necessary for its accomplishment and execution
are present.
b. Frustrated - A felony is frustrated when the
offender performs all the acts of execution which would
produce the felony as a result, but which nevertheless do
not produce it by reason of causes independent of the will
of the perpetrator.
NOTE: No frustrated stage (1.Rape; 2.Corruption of public
officers; 3. Physical Injury; 4. Adultery; 5.Theft)
c. Attempted - There is an attempt when the offender
commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which
should produce the felony, by reason of some cause or
accident other than his own spontaneous desistance
3. As to gravity (RPC, Art. 9)
a. Light felonies - infractions of law for the
commission of which the penalty of arresto menor or a fine
not exceeding 200 pesos, or both
b. Less grave felonies -maximum period are
correctional
c. Grave felonies - capital punishment or penalties
which in any of their periods are afflictive
4. As to nature
a. Mala in se
b. Mala prohibita
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5. As to count
a. Compound
b. Composite or special complex
c. Complex, under Art. 48 of the RPC
d. Continued
e. Continuing
6. As to division
a. Formal felonies – those which are always
consummated (e.g. physical injuries).
b. Material felonies – those which have various
stages of execution.
c. Those which do not admit of the frustrated stage
b) Elements of criminal liability
Criminal liability is incurred by any person:
Committing a felony although the wrongful act done
be different from that which he intended;
Requisites:
1. That an intentional felony has been
committed; and 2. That the wrong done to the aggrieved
party be the direct, natural and logical consequence of the
felony committed by the offender
c) Impossible crime - Performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means
Requisites
1. Act performed would be an offense against persons or
property;
NOTE: Kidnapping is a crime against personal security and
not against person or property, thus there can be no
impossible crime of kidnapping
2. Act was done with evil intent;
3. Accomplishment is inherently impossible or means
employed is either inadequate or ineffectual; and
4. Act performed should not constitute a violation of another
provision of RPC
d) Stages of execution
1. Internal Acts– mere ideas in the mind of a person, not
punishable even if, had they been carried out, they would
constitute a crime
2. External Acts – include (a) preparatory acts and (b) acts
of execution
a. Preparatory acts–those that do not have a direct
connection with the crime which the offender intends to
commit.
These are ordinarily not punishable except when expressly
provided for or when they are considered in themselves as
independent crimes. (e.g. Possession of picklocks under
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Art. 304, which is a preparatory act to the commission of

robbery under Arts. 299 and 302).
b. Acts of execution– those punishable under the Revised
Penal Code
e) Continuing crimes - It is a single crime, consisting of a
series of acts but arising from one criminal resolution
f) Complex crimes and composite crimes
Complex crime - A complex crime exists when two or more
crimes are committed but they constitute only one crime in
the eyes of the law. Here, there is only one criminal intent;
hence, only one penalty is imposed.
Kinds of complex crimes
1. Compound crime – when a single act constitutes
two or more grave or less grave felonies (Art. 48, RPC).
Requisites: a. Only a single act is performed by the offender
b. The single act produces: i. Two or more grave felonies ii.
One or more grave and one or more less grave felonies iii.
Two or more less grave felonies
2. Complex crime proper– when an offense is the
necessary means for committing the other(Art. 48, RPC).
Requisites: a. At least two offenses are committed; b. One
or some of the offenses must be necessary to commit the
other; and c. Both or all the offenses must be punished
under the same statute.
3. Special complex crime or composite crime – is
one in which the substance is made up of more than one
crime, but which, in the eyes of the law, is only a single
indivisible offense.
Instances when there is no complex crime
1. Kidnapping (Art. 267, RPC);
2. Occupation of real property or usurpation of real rights in
property (Art. 312, RPC);
3. Search warrants maliciously obtained (Art. 129, RPC) in
relation to perjury;
4. When one offense is committed to conceal the other;
5. When one crime is an element of the other, for in that
case, the former shall be absorbed by the latter. e.g.
trespassing which is an element of the robbery with force
upon things;
6. When the crime has the same elements as the other
crime committed; Example: Estafa and falsification of
private documents have the same element of damage.
Thus, there is no complex crime of estafa through
falsification of private document.
7. When one of the offenses is penalized by a special law;
8. In continued crimes;
9. Where the intent is really to commit the second crime but
the first act although also a crime is incidental to the
commission of the crime; and
10. Special complex crimes.
2. Circumstances affecting Criminal Liability
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Justifying Exempting Mitigating Aggravating Alternative

NO WRONG THERE IS A THERE IS A THERE IS A THERE IS A
WRONG FELONY FELONY FELONY
No criminal No criminal Decreased Increased Increased or
liability liability criminal criminal liability decreased liability
liability
No civil liability With civil With civil With civil With civil liability
Except:  state liability Except: liability liability
of necessity accident;
insuperable
cause
a) Justifying circumstances
1. Self-defense;
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
3. Lack of sufficient provocation on the part of the
person defending himself.
2. Defense of relatives;
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
(3) In case person attacked provoked attacker
defender must have no part therein
3. Defense of stranger;
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to
prevent or repel it;
(3) The person defending be not induced by
revenge, resentment or other evil motive.
4. Avoidance of greater evil or injury;
Requisites:
(1) Evil sought to be avoided actually exists
(2) Injury feared be greater than that done to avoid it
(3) There is no other practical & less harmful means
of preventing it
5. Fulfillment of duty or exercise of right or office;
Requisites:
(1) Offender acted in performance of duty or lawful
exercise of a right/office
(2) The resulting felony is the unavoidable
consequence of the due fulfillment of the duty or the lawful
exercise of the right or office.
6. Obedience to an order of a superior.
Requisites:
(1) Order must have been issued by a superior
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(2) The order is for some lawful purpose

(3) The means used to carry it out must be lawful
b) Exempting circumstances
1. Imbecility/Insanity (XPN: during Lucid interval except
imbecile, no lucid interval)
Two tests of insanity: (1) The test of cognition, or whether
the accused acted with complete deprivation of intelligence
in committing the said crime; (2) The test of volition, or
whether the accused acted in total deprivation of freedom of
will.
2. Minority – 15 below totally exempted, 15-18 only if with
discernment
3. Accident
Requisites:
(1) A person performing a lawful act;
(2) With due care;
(3) He causes an injury to another by mere accident;
(4) Without fault or intention of causing it.
4. Compulsion of irresistible force
Elements:
(1) That the compulsion is by means of physical
force.
(2) That the physical force must be irresistible.
(3) That the physical force must come from a third
person
5. Impulse of uncontrollable fear
Requisites:
(1) That the threat which causes the fear is of an evil
greater than or at least equal to, that which he is forced to
commit;
(2) That it promises an evil of such gravity and
imminence that the ordinary man would have succumbed to
it.
6. Insuperable or lawful cause
Requisites:
(1) That an act is required by law to be done;
(2) That a person fails to perform such act;
(3) That his failure to perform such act was due to
some lawful or insuperable cause
c) Mitigating circumstances
1. Incomplete Justification and Exemption
(1) Self-defense (Art. 11, par. 1) – unlawful aggression must
always be present even in the absence of other, otherwise
the article is inapplicable.
(2) Defense of relatives (Art. 11, par. 2) – same with self
defense
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(3) Defense of strangers (Art. 11, par. 3)- same with self
defense
(4) State of necessity or avoidance of greater evil or injury
(Art. 11, par. 4)
That the evil sought to be avoided actually exists is an
indispensable element to apply
(5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art. 11, par. 6)
(7) Minority over 15 years of age but below 18 years of age
(Art. 12, par. 3)
(8) Causing injury by mere accident (Art. 12, par.4)
NOTE: There is NO SUCH MITIGATING CIRCUMSTANCE
because:
 If the 2nd requisite and 1st part of the 4th requisite are
absent, the case will fall under Art. 365 which punishes
reckless imprudence.
 If the 1st requisite and 2nd part of the 4th requisite are
absent, it will be an intentional felony (Art. 4, par. 1).
(9) Uncontrollable fear (Art. 12 par. 6)
One of the element is missing, hence, mitigating
2. Under 18 or Over 70 years of age
Legal effects of various ages of offenders:
1. 15 and below - Exempting
2. Above 15 but under 18 years of age, also an
exempting circumstance, unless he acted with discernment
(Art. 12, par. 3 as amended by RA 9344).
3. Minor delinquent under 18 years of age, the
sentence may be suspended. (Art. 192, PD No. 603 as
amended by PD 1179)
4. 18 years or over, full criminal responsibility.
5. 70 years or over – mitigating, no imposition of
death penalty; if already imposed. Execution of death
penalty is suspended and commuted.
3. No intention to commit so grave a wrong
4. Sufficient Provocation or Threat
Elements:
(1) That the provocation must be sufficient
(2) That it must originate from the offended party
(3) That the provocation must be immediate to the
act, i.e., to the commission of the crime by the person who
is provoked
5. Immediate vindication of a grave offense
Elements:
(1) That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the same degree.
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(2) That the felony is committed in vindication of

such grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
(3) The vindication need not be done by the person
upon whom the grave offense was committed
6. Passion or obfuscation
Elements:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it naturally
produces passion or obfuscation in him.
Requisites:
(1)That there be an act, both unlawful and sufficient
to produce such condition of mind; and
(2)That said act which produced the obfuscation was
not far removed from the commission of the crime by a
considerable length of time, during which the perpetrator
might recover his normal equanimity.
7. Voluntary surrender
Requisites:
(1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a
person in authority or to the latter‘s agent
(3) That the surrender was voluntary.
8. Voluntary plea of guilt
Requisites:
(1) That the offender spontaneously confessed his
guilt.
(2) That the confession of guilt was made in open
court, that is, before the competent court that is to try the
case; and
(3) That the confession of guilt was made prior to the
presentation of evidence for the prosecution.
9. Plea to a lower offense - the accused, with the consent of
the offended party and prosecutor, may be allowed by the
trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. After
arraignment but before trial, the accused may still be
allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty.
10. Physical defect - means to act, defend himself or
communicate with his fellow beings are limited. The physical
defect that a person may have must have a relation to the
commission of the crime.
11. Illness
Elements:
(1) That the illness of the offender must diminish the
exercise of his will-power
(2) That such illness should not deprive the offender
of consciousness of his acts.
12. Analogous Circumstances
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(1) The act of the offender of leading the law

enforcers to the place where he buried the instrument of the
crime has been considered as equivalent to voluntary
surrender.
(2) Stealing by a person who is driven to do so out
of extreme poverty is considered as analogous to
incomplete state of necessity.
(3) Over 60 years old with failing sight, similar to over
70 years of age mentioned in par. 2.
(4) Voluntary restitution of stolen goods similar to
voluntary surrender.
(5) Impulse of jealous feelings, similar to passion
and obfuscation.
(6) Extreme poverty and necessity, similar to
incomplete justification based on state of necessity.
(7) Testifying for the prosecution, without previous
discharge, analogous to a plea of guilty.
EXTENUATING CIRCUMSTANCES
Circumstances which mitigate the criminal liability of the
offender but not found in Article 13
d) Aggravating circumstances
1. Taking Advantage of Public Office
The public officer must: (1) Use the influence, prestige or
ascendancy which his office gives him (2) As means by
which he realizes his purpose.
2. In Contempt Of Or With Insult To Public Authorities
Requisites:
(1) That the public authority is engaged in the
exercise of his functions.
(2) That he who is thus engaged in the exercise of
his functions is not the person against whom the crime is
committed.
(3) The offender knows him to be a public authority.
(4) His presence has not prevented the offender

from committing the criminal act.
3. With Insult Or Lack Of Regard Due To Offended Party By
Reason Of Rank, Age Or Sex
4. Abuse Of Confidence And Obvious Ungratefulness
a. ABUSE OF CONFIDENCE (Abuso de confianza) (1) That
the offended party had trusted the offender. (2) That the
offender abused such trust by committing a crime against
the offended party. (3) That the abuse of confidence
facilitated the commission of the crime.
b. OBVIOUS UNGRATEFULNESS (1) That the offended
party had trusted the offender; (2) That the offender abused
such trust by committing a crime against the offended party;
(3) That the act be committed with obvious ungratefulness.
5. Crime In Palace Or In Presence Of The Chief Executive
or where public authorities are engaged in the discharge of
their duties, or in a place dedicated to religious worship
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6. Nighttime; Uninhabited Place; With A Band

Requisites: (1) When it facilitated the commission of the
crime; or (2) When especially sought for by the offender to
insure the commission of the crime or for the purpose of
impunity; or (3) When the offender took advantage thereof
for the purpose of impunity.
a. NIGHTTIME (Nocturnidad) The commission of the crime
must begin and be accomplished in the nighttime (after
sunset and before sunrise).
b. UNINHABITED PLACE (Desplobado) It is determined not
by the distance of the nearest house to the scene of the
crime but whether or not in the place of the commission of
the offense, there was a reasonable possibility of the victim
receiving some help.
c. BAND (Cuadrilla) There should (1) Be at least be four
persons (2) At least 4 of them should be armed (3) and are
principals by direct participation.
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To Ensure Impunity
Requisites: (1) That the armed men or persons took
indirectly part in the commission of the crime, (2) That the
accused availed himself of their aid or relied upon them
when the crime was committed.
9. Recidivism
Requisites: (1) That the offender is on trial for an offense;
(2) That he was previously convicted by final judgment of
another crime; (3) That both the first and the second
offenses are embraced in the same title of the Code; (4)
That the offender is convicted of the new offense.
10. Reiteration or Habituality
Requisites: (1) That the accused is on trial for an offense;
(2) That he previously served sentence for another offense
to which the law attaches: (a) an equal or (b) greater penalty,
or (c) for 2 or more crimes to which it attaches lighter penalty
than that for the new offense; and (3) That he is convicted
of the new offense.
11. Price, Reward Or Promise
12. Inundation, Fire, Poison
13. Evident Premeditation
Requisites: (1) The time when the offender determined to
commit the crime; (2) An act manifestly indicating that the
culprit has clung to his determination; and (3) A sufficient
lapse of time between the determination and execution, to
allow him to reflect upon the consequences of his act and to
allow is conscience to overcome the resolution of his will.
14. Craft, Fraud Or Disguise
FRAUD  Insidious words or machinations used o to induce
the victim o to act in a manner
 which would enable the offender to carry out his design.
CRAFT  Craft and fraud may be o absorbed in treachery if
they have been deliberately adopted as the means,
methods or forms for the treacherous strategy, or o they may
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co-exist independently where they are adopted for a

different purpose in the commission of the crime.
DISGUISE  Resorting to any device to conceal identity. 
The test of disguise is o whether the device or contrivance
resorted to by the offender o was intended to or did make
identification more difficult, such as the use of a mask, false
hair or beard.  But if in spite of the use of handkerchief to
cover their faces, the culprits were recognized by the victim,
disguise is not considered aggravating.
15. Superior Strength Or Means To Weaken Defense
16. Treachery - Applicable only to crimes against persons
Requisites: (1) The employment of means of execution that
gave the person attacked no opportunity to defend himself
or retaliate; and (2) That the offender consciously adopted
the particular means, method or form of attack employed by
him which tend directly and specially to ensure its execution
without risk to himself arising from the defense which the
offended party might make.
17. Ignominy - The means employed or the circumstances
brought about must tend to make the effects of the crime
MORE HUMILIATING or TO PUT THE OFFENDED PARTY
TO SHAME.
Applicable to crimes against chastity, rape, less serious
physical injuries, light or grave coercion and murder.
18. Unlawful Entry - means to effect entrance and not for
escape.
19. Breaking Wall, Floor, Roof - as a means to the
commission of the crime.
It is only aggravating in cases where the offender resorted
to any of said means TO ENTER the house
20. With Aid Of Persons Under 15 By Motor Vehicle
21. Cruelty
Requisites: (1) That the injury caused be deliberately
increased by causing other wrong; (2) That the other wrong
be unnecessary for the execution of the purpose of the
offender.
Other Aggravating Circumstance
a. Decree Codifying the Laws on llegal/Unlawful
Possession etc. of Firearms, Ammunition or Explosives
(P.D. 1866, as amended by R.A. 8294)
b. The Comprehensive Dangerous Drugs Act of 2002
(R.A.9165) (Use of Drugs in the commission of the crime
c. Organized or Syndicated Crime Group
e) Alternative circumstances
1. Relationship
a. Where relationship is exempting In the case of an
accessory who is related to the principal within the
relationship prescribed in Article 20.
Those commonly given in Article 332 when the crime of
theft, malicious mischief and swindling or estafa.
b. Where relationship is aggravating
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In CRIMES AGAINST PERSONS in cases where 

the offended party is a relative of a higher degree than the
offender (grandson kills grandfather), or  when the offender
and the offended party are relatives of the same level, as
killing a brother, a brother-in-law, a half-brother or adopted
brother.
When CRIME AGAINST PERSONS is any of the
SERIOUS PHYSICAL INJURIES (Art. 263), even if the
offended party is a descendant of the offender, relationship
is AGGRAVATING.  But the serious physical injuries must
not be inflicted by a parent upon his child by excessive
chastisement.
When the crime is LESS SERIOUS PHYSICAL
INJURIES OR SLIGHT PHYSICAL INJURIES  if the
offended party is a relative of a higher degree than the
offender
When crime against persons is HOMICIDE OR
MURDER,  relationship is aggravating even if the victim of
the crime is a relative of lower degree.
In CRIMES AGAINST CHASTITY,  relationship is
always aggravating
In the CRIME OF QUALIFIED SEDUCTION,  the
offended woman must be a virgin and less than 18 years
old.  But if the offender is a brother of the offended woman
or an ascendant of the offended woman, o regardless of
whether the woman is of bad reputation, o even if the
woman is 60 years old or more,  crime is qualified
seduction. In such a case, relationship is qualifying.
c. Where relationship is mitigating
When the CRIME IS LESS SERIOUS PHYSICAL
INJURIES OR SLIGHT PHYSICAL INJURIES  if the
offended party is a relative of a higher degree than the
offender
When crime against persons is HOMICIDE OR
MURDER,  relationship is aggravating even if the victim of
the crime is a relative of lower degree.
In the CRIME OF QUALIFIED SEDUCTION,  the
offended woman must be a virgin and less than 18 years
old.  But if the offender is a brother of the offended woman
or an ascendant of the offended woman, o regardless of
whether the woman is of bad reputation, o even if the
woman is 60 years old or more,  crime is qualified
seduction. In such a case, relationship is qualifying.
2. Intoxication
a. When mitigating
(1) There must be an indication that
(a) because of the alcoholic intake of the
offender,
(b) he is suffering from diminished
selfcontrol.
(c) It is not the quantity of alcoholic drink.
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(d) Rather it is the effect of the alcohol upon

the offender which shall be the basis of the mitigating
circumstance.
(2) That offender is
(a) not a habitual drinker and
(b) did not take alcoholic drink with the
intention to reinforce his resolve to commit crime
b. When Aggravating:
(1) If intoxication is habitual
(2) If it is intentional to embolden offender to commit
crime
3. Degree of education/instruction - Being illiterate does not
mitigate liability if crime committed is one which one
inherently understands as wrong (e.g. parricide)
To be considered mitigating, degree of instruction must
have some reasonable connection to the offense.
f) Absolutory causes - those where the act committed is a
crime but for reasons of public policy and sentiment there is
no penalty imposed.
1. INSTIGATION
Entrapment Instigation
Ways and means are The instigator practically
resorted to for the purpose induces the would-be
of trapping and capturing accused into the
the lawbreaker in the commission of the offense
execution of his criminal and himself becomes a co-
plan principal.
The means originate from The law enforcer conceives
the mind of the criminal. the commission of the
crime and suggests to the
accused who carries it into
execution.
A person has planned or is A public officer or a private
about to commit a crime detective induces an
and ways and means are innocent person to commit
resorted to by a public a crime and would arrest
officer to trap and catch the him upon or after the
criminal. commission of the crime by
the latter.
Not a bar to the prosecution The accused must be
and conviction of the acquitted because the
lawbreaker. offender simply acts as a
tool of the law enforcers
2. PARDON
General rule: Pardon does not extinguish criminal action (Art
23).
Exception: Pardon by marriage between the accused and
the offended party in cases of SEDUCTION, ABDUCTION,
RAPE AND ACTS OF LASCIVIOUSNESS (Art 344).
3. OTHER ABSOLUTORY CAUSES
a. Spontaneous desistance
Page 14 of 88
b. Light felonies not consummated

c. Accessories in light felonies
d. Accessories exempt under Article 20
e. Trespass to dwelling to prevent serious harm to self
f. exemption from criminal liability in crimes against property
g. Under Article 332, exemptions from criminal liability for
cases of theft, swindling and malicious mischief. There
would only be civil liability.
h. Death under exceptional circumstances (Art. 247)
i. Under Article 219, discovering secrets through seizure of
correspondence of the ward by their guardian is not
penalized.
j. Ways on how criminal liability is extinguished under Art
89.
4. ACTS NOT COVERED BY LAW AND IN CASE OF
EXCESSIVE PUNISHMENT
a. The court cannot convict the accused because the acts
do not constitute a crime. The proper judgment is acquittal,
but the court is mandated to report to the Chief Executive
that said act be made subject of penal legislation and why.
b. Where the court finds the penalty prescribed for the crime
too harsh considering the conditions surrounding the
commission of the crime, the judge should impose the law
the judge should impose the law. The most that he could do
is recommend to the Chief Executive to grant executive
clemency
3. Persons Liable and Degree of Participation

a) Principals, accomplices, and accessories
Art. 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of
the act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would not have been
accomplished.
Art. 18. Accomplices. — Accomplices are those persons
who, not being included in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts.
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without
having participated therein, either as principals or
accomplices, take part subsequent to its commission in any
of the following manners:
1. By profiting themselves or assisting the offender
to profit by the effects of the crime.
2. By concealing or destroying the body of the crime,
or the effects or instruments thereof, in order to prevent its
discovery.
Page 15 of 88
3. By harboring, concealing, or assisting in the

escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other
crime.
Art. 20. Accessories who are exempt from criminal liability.
— The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next
preceding article.
b) Conspiracy and proposal
Conspiracy and proposal to commit felony are punishable
only in the cases in which the law specially provides a
penalty therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and
decide to commit it.
There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons. It need not be accepted otherwise it
becomes conspiracy.
c) Multiple offenders (differences, rules, effects)
REITERACION RECIDIVISM HABITUAL QUASI-RECIDIVISM
DELIQUENCY
It is necessary that the It is enough that Within a period of Felony was committed
offender shall have a final judgment 10 years from the after having been
served out his has been date of release or convicted by final
sentence for the first rendered in the last conviction of judgment of an
offense. first offense. the crimes offense, before
covered, he is beginning to serve
found guilty of any sentence or while
of said crimes a serving the same.
third time or
oftener.
The previous and Requires that Crimes covered First and subsequent
subsequent offenses the offenses be are serious or less conviction may or may
must not be embraced included in the serious physical not be embraced by
by the same Title of same Title of the injuries, robbery, the same title of the
the RPC Code. theft, estafa and RPC.
falsification.
Not always It increases the Shall suffer Shall be punished by
aggravating; penalty to its additional penalty the maximum period
discretion of the court maximum period of the penalty
to appreciate. prescribed by law for
the new felony.
Includes offenses Felonies under Limited to serious First crime for which
under special law. RPC only. or less serious the offender is serving
physical injuries, sentence need not be
robbery, theft, a crime under the
estafa and RPC but the second
falsification.
Page 16 of 88
crime must be one

under the RPC.
A generic aggravating A generic Extraordinary Special aggravating
circumstance. aggravating aggravating circumstance which
circumstance. circumstance may be offset by
which cannot be special privileged
offset by a mitigating
mitigating circumstances not by
circumstance. ordinary mitigating
circumstances.
d) Include: Obstruction of Justice (P.D. No. 1829)

Any person, who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by
committing any of the following acts:
1. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any offense
or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
2. Altering, destroying, suppressing or concealing any
paper, record, document, or object, with intent to impair its
verity, authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or official
proceedings in, criminal cases;
3. Harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal
laws in order to prevent his arrest, prosecution and
conviction;
4. Publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the execution of
a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;
5. Delaying the prosecution of criminal cases by obstructing
the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the
courts;
6. Making, presenting or using any record, document, paper
or object with knowledge of its falsity and with intent to affect
the course or outcome of the investigation of, or official
proceedings in, criminal cases;
7. Soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding
the prosecution of a criminal offender;
8. Threatening directly or indirectly another with the infliction
of any wrong upon his person, honor or property or that of
any immediate member or members of his family in order to
prevent such person from appearing in the investigation of,
or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official
proceedings in, criminal cases; and
9. Giving of false or fabricated information to mislead or
prevent the law enforcement agencies from apprehending
Page 17 of 88
the offender or from protecting the life or property of the

victim or frabricating information from the data gathered in
confidence by investigating authorities for purposes of
background information and not for publication and
publishing or disseminating the same to mislead the
investigator or the court
C. Penalties - punishment inflicted by the State for the transgression of a law

1. Principles
1. Productive of suffering, without affecting the integrity of the human
personality.
2. Commensurate with the offense.
3. Personal – no one should be punished for the crime of another.
4. Legal – it must be a consequence of a judgment according to law.
5. Certain – no one may escape its effects.
6. Equal to all.
7. Correctional.
NOTE: The basis of the right to punish violations of penal law is the
police power of the State
2. (include R.A. No. 9346 - An Act Prohibiting the Imposition of Death
Penalty in the Philippines)
Death penalty is not abolished. It is only prohibited to be imposed
In lieu of the death penalty, the following shall be imposed:
1. Reclusion perpetua ‐ when the law violated makes use of the
nomenclature of the penalties of the RPC; or
2. Life imprisonment ‐ when the law violated does not make use of the
nomenclature of the penalties of the RPC (Sec. 2).
Persons convicted of offenses punished with reclusion perpetua, or
whose sentences will be reduced to reclusion perpetua, by reason of
this act, shall not be eligible for parole under Act No. 4103 otherwise
known as the Indeterminate Sentence Law.
3. Classification
General Classification
PRINCIPAL PENALTIES ACCESSORY PENALTIES
Capital punishment: - Death. 1. Perpetual or temporary
absolute disqualification;
Afflictive penalties:
2. Perpetual or temporary
1. Reclusion perpetua,
special disqualification;
2. Reclusion temporal,
3. Suspension from public office,
3. Perpetual or temporary the right to vote and be voted for,
absolute disqualification, the profession or calling;
4. Perpetual or temporary 4. Civil interdiction;
special disqualification,
5. Indemnification;
5. Prision mayor.
6. Forfeiture or confiscation of
Correctional penalties: instruments and proceeds of the
1. Prision correccional, offense; and 7. Payment of
costs.
2. Arresto mayor,
3. Suspension,
Page 18 of 88
4. Destierro.
Light penalties:
1. Arresto menor,
2. Public censure. Penalties
common to the three preceding
classes: 3. Fine and Bond to
keep the peace.
According to Divisibility
Divisible - have fixed duration and are divisible into three periods.
Indivisible - no fixed duration (E.g. Death, reclusion perpetua,
perpetual absolute or special disqualification, public censure.)
According to subject-matter
1. Corporal (death)
2. Deprivation of freedom (reclusion, prision, arresto)
3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and suspension)
5. Pecuniary (fine)
According to their gravity
1. Capital – death
2. Afflictive – reclusion perpetua to prision mayor
3. Correctional – prision correccional to destierro
4. Light – arresto menor
Penalties that can either be principal or accessory
1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension
4. Duration and Effect
Penalty Duration
Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
Reclusion temporal 12 yrs. and 1 day to 20 yrs.
Prision mayor and temporary 6 yrs. and 1 day to 12 yrs.,
disqualification except when disqualification is
accessory penalty, in which
case its duration is that of the
principal penalty
Prision correccional, 6 mos. and 1 day to 6 yrs.,
suspension, and destierro except when suspension is an
accessory penalty, in which
case its duration is that of the
principal penalty
Arresto mayor 1 mo. and 1 day to 6 mos.
Arresto menor 1 day to 30 days
Page 19 of 88
Bond to keep the peace The period during which the

bond shall be effective is
discretionary on the court.
Difference between Reclusion P. v. Life Imp.

RECLUSION PERPETUA LIFE IMPRISONMENT
Pertains to the penalty imposed Pertains to the penalty imposed
for violation of the RPC for violation of special laws
It has fixed duration It has no fixed duration
It carries with it accessory It does not carry with it accessory
penalties penalty
Destierro is a principal penalty. It is a punishment whereby a convict

is banished to a certain place and is prohibited from entering or
coming near that place designated in the sentence, not less than 25
kilometers but not to extend beyond 250 kilometers.
5. Application
a) Indeterminate Sentence Law (Act. No. 4103, as amended) -
A sentence with a minimum term and a maximum term of
which the court is mandated to impose for the benefit of a
guilty person who is not disqualified to avail therefore, when
the maximum imprisonment exceeds 1 year.
In imposing a prison sentence for an offense punished by
the RPC or special penal laws, the court shall sentence the
accused to an indeterminate sentence, which has a
maximum and a minimum term based on the penalty
actually imposed.
How do we compute the penalty?
1. Consider first the Privileged Mitigating Circumstance.
2. Consider the Ordinary Mitigating Circumstance
3. Determine the Maximum Sentence after considering all
justifying, exempting, mitigating, and aggravating
circumstances, if any.
4. Determine the minimum term of the sentence
b) Three-fold rule
Three-fold rule means that the maximum duration of a
convict’s sentence shall not be more than three times the
length of time corresponding to the most severe of the
penalties imposed upon him but in no case exceed 40 years.
c) Subsidiary imprisonment
Subsidiary imprisonment is not an accessory penalty, it is a
principal penalty thus it has to be stated before the offender
can benefit from it. Apply if the defendant is insolvent and
cannot pay the fine, he must serve the subsidiary
imprisonment.
6. Graduation of Penalties
1) When the penalty prescribed for the felony is single and indivisible,
the penalty next lower in degrees shall be that immediately following
that indivisible penalty in the respective graduated scale prescribed in
Article 71 of this Code.
Page 20 of 88
2) When the penalty prescribed for the crime is composed of two

indivisible penalties, or of one or more divisible penalties to be impose
to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the
respective graduated scale.
3) When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another divisible
penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated
scale.
4) When the penalty prescribed for the crime is composed of several
periods, corresponding to different divisible penalties, the penalty next
lower in degree shall be composed of the period immediately following
the minimum prescribed and of the two next following, which shall be
taken from the penalty prescribed, if possible; otherwise from the
penalty immediately following in the above mentioned respective
graduated scale.
5) When the law prescribes a penalty for a crime in some manner not
especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories.
7. Accessory Penalties
1. Perpetual or temporary absolute disqualification,
2. Perpetual or temporary special disqualification,
3. Suspension from public office, the right to vote and be voted for,
the profession or calling.
4. Civil interdiction,
5. Indemnification/ Forfeiture or confiscation of instruments and
proceeds of the offense,
6. Payment of costs.
8. Computation of Penalties
1. When the offender is in prison – duration of temporary penalties is
from the day on which the judgment of conviction becomes final.
Ratio: The duration of temporary penalties shall be computed only
from the day the judgment of conviction becomes final, and not from
the day of his detention because under Art. 24 the arrest and
temporary detention of the accused is not considered a penalty.
2. When the offender is not in prison – duration of penalty consisting
in deprivation of liberty, is from the day that the offender is placed at
the disposal of judicial authorities for the enforcement of the penalty.
3. Duration of other penalties – duration is from the day on which the
offender commences to serve his sentence.
9. Execution and service -Penalties are executed only in the form
prescribed by law and any other circumstances and incidents shall be
expressly authorized thereby.
Defendant may serve his sentence in his house when: 1. The penalty
is arresto menor;
2. It is conditioned with surveillance by an officer of the law;
3. Either: a. It is due to the health of the offender; b. Other reasons
satisfactory to the court.
Page 21 of 88
P.D. No. 968 – Probation Law, as amended
Probation
It is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
Effect of filing for application for probation
A judgment of conviction becomes final when the accused files a

petition for probation. However, the judgment is not executory until the
petition for probation is resolved. The filing of the petition for probation
is a waiver by the accused of his right to appeal the judgment of
conviction
Who can apply for probation
GR: Only those whose penalty does not exceed six years of
imprisonment are qualified for probation, without regard to the nature
of the crime. Hence, if the penalty is six years and one day, he is no
longer qualified for probation.
XPNs: 1. First time minor offenders under RA 9165 2. Violation of the

Revised Election Code
R.A. No. 9344 – Juvenile Justice and Welfare Act, as amended
Juvenile Justice and Welfare System Juvenile Justice and Welfare

System refers to a system dealing with children at risk and children in
conflict with the law, which provides child appropriate proceedings,
including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal
growth and development
Where a child is detained, the court may order the following

1. The release of the minor on recognizance to his/her parents and
other suitable persons;
2. The release of the child in conflict with the law on bail; or
3. The transfer of the minor to a youth detention home/youth
rehabilitation center.
D. Criminal and Civil Liabilities

1. Extinction of Criminal Liabilities - Criminal liability may be extinguished
either, partially or totally.
A. Partial extinction of criminal liability
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he
is undergoing preventive imprisonment or serving his sentence.
B. Total extinction of criminal liability
1. By the death of the convict, as to the personal penalties; and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment;
2. By service of sentence;
3. By prescription of the crime;
4. By prescription of the penalty;
Page 22 of 88
PRESCRIPTION OF CRIMES PRESCRIPTION OF

PENALTIES
Loss or forfeiture of the State to Loss of forfeiture of the State to
prosecute. enforce judgment.
Starts counting upon discovery Starts counting upon the escape
of the commission of the crime. or evasion of service of
sentence.
Mere absence from the Absence from the Philippines
Philippines interrupts the interrupts the period only when
running of the prescription. he goes to a foreign country
without extradition treaty with us.
Commission of another crime Commission of another crime
before the expiration of the before expiration of the period
period does not interrupt interrupts the prescription.
prescription
5. By marriage of the offended woman in cases of seduction,

abduction, rape and acts of lasciviousness, as provided in Art. 344 of
the RPC.
6. By absolute pardon; and
PARDON BY THE CHIEF PARDON BY THE OFFENDED
EXECUTIVE PARTY
It extinguishes the criminal It does not extinguish criminal
liability of the offender liability of the offender.
It cannot exempt the offender Offended party can waive the
from the payment of the civil civil liability which the offender
indemnity must pay.
It is granted only after conviction Pardon should be given before
and may be extended to any of the institution of criminal
the offenders. prosecution and must be
extended to both offenders
7. By amnesty, which completely extinguishes the penalty and all its

effects. Extinction of criminal liability does not necessarily mean that
civil liability is also extinguished. - It is an act of sovereign power
granting oblivion or a general pardon for a past offense, and is rarely,
if ever exercised in favor of a single individual, and is usually exerted
in behalf of persons, who are subject to trial, but have not yet been
convicted.
2. Civil Liabilities in Criminal Cases
GR: Every person criminally liable for a felony is also civilly liable
(RPC, Art. 100). XPNs: 1. If there is no damage caused by the
commission of the crime, the offender is not civilly liable. 2. There is
no private person injured by the crime.
What is included in civil liability
1. Restitution 2. Reparation of damage caused 3. Indemnification for
consequential damages
Extinction of Civil Liability
1. By payment or performance; 2. By the loss of the thing due; 3. By
the condonation or remission of debt; 4. By the confusion or merger
of the rights of creditor and debtor; 5. By compensation; 6. By
novation.
Page 23 of 88
II. REVISED PENAL CODE (BOOK II)

A. Crimes against National Security
1. Treason (Art. 114, RPC) – breach of allegiance to a government,
committed by a person who owes allegiance to it.
Elements:
1. That the offender is a Filipino citizen; or an alien residing in the
Philippines (RA 7659); 2. That there is a war in which the Philippines is
involved; and 3. That the offender either: a. Levies war against the
Government; or b. Adheres to the enemies, giving them aid or comfort.
How treason may be proved
1. Testimony of two witnesses, at least, to the same overt act (Two-witness
rule) - It is a rule which requires the testimony of at least two witnesses to
prove the overt act of giving aid or comfort. The two-witness rule is severely
restrictive and requires that each of the witness must testify to the whole overt
act; or if it is separable, there must be two witnesses to each part of the overt
act; or 2. Confession of the accused in open court.
2. Conspiracy and proposal to commit treason (Art. 115, RPC);
Elements of conspiracy to commit treason
1. In times of war; 2. Two or more persons come to an agreement to: a. Levy
war against the government, or b. Adhere to enemies and to give them aid or
comfort; and 3. They decide to commit it.
Elements of proposal to commit treason
1. In times of war; 2. A person who has decided to levy war against the
government, or to adhere to the enemies and give them aid and comfort; and
3. Proposes its execution to some other person or persons.
3. Misprision of Treason (Art. 116, RPC);
Elements
1. That the offender who is not a foreigner must be owing allegiance to the
Government; 2. That he has knowledge of any conspiracy to commit treason
against the Government; and 3. That he conceals or does not disclose or
make known the same as soon as possible to the Governor or Fiscal of the
province or Mayor or Fiscal of the city in which he resides.
4. Espionage (Art. 117, RPC) - offense of gathering, transmitting, or losing
information respecting the national defense with intent or reason to believe
that the information is to be used to the injury of the Republic of the Philippines
or to the advantage of any foreign nation.
Ways of committing espionage under Art. 117 and their respective elements
1. By entering, without authority therefor, a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs,
or other data of a confidential nature relative to the defense of the Philippines.
Elements: a. That the offender enters in any place mentioned therein;
NOTE: The offender is any person, whether a citizen or a foreigner, a private
individual or a public officer.
b. That he has no authority therefor; and
c. That his purpose is to obtain information, plans, photographs, or other data
of confidential nature relative to the defense of the Philippines.
NOTE: The offender must have the intention to obtain information relative to
the defense of the Philippines, but it is not necessary to have actually obtained
such information.
Page 24 of 88
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 paragraph no. 1 of Article 117, by reason of the public office he holds; and
c. That he discloses their contents to a representative of a foreign nation.
B. Crimes against Laws of Nations
1. Inciting to war and giving motives for reprisal (Art. 118, RPC);
Elements
1. That the offender performs unlawful or unauthorized acts; and 2. That
such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property.
2. Violation of Neutrality (Art. 119, RPC);
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; and 3. That the offender violates such regulation.
3. Correspondence with hostile country (Art. 120, RPC);
Elements
1. There is a war in which the Philippines is involved; 2. That the offender
makes correspondence with an enemy country or territory occupied by enemy
troops; and 3. That the correspondence is either — a. Prohibited by the
government, or b. Carried on in ciphers or conventional signs, or c. Containing
notice or information which might be useful to the enemy
4. Flight to enemy country (Art. 121, RPC);
Elements
1. That there is a war in which the Philippines is involved; 2. That the offender
must be owing allegiance to the Government; 3. That the offender attempts
to flee or go to enemy country; and 4. That going to enemy country is
prohibited by competent authority.
5. Piracy and mutiny (Art. 122, RPC);
Piracy - It is robbery or forcible depredation on the high seas, without lawful
authority and done with animo furandi (intent to steal) and in the spirit and
intention of universal hostility.
Elements
1. That a vessel is on the high seas or in the Philippine waters; 2. That the
offenders are not members of its complement or passengers of the vessel;
and 3. That the offenders either — a. Attack or seize that vessel, or b. Seize
the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
Mutiny - It is the unlawful resistance to a superior officer, or the raising of
commotions and disturbances on board a ship against the authority of its
commander.
PIRACY UNDER THE RPC PIRACY UNDER PD 532
Can be committed while the vessel Can be committed only when the
is on high seas or in Philippine vessel is in Philippine waters.
waters.
Page 25 of 88
Can only be committed by persons Can be committed by any persons,

who are not members of the vessel’s including the vessel’s complement,
complement, or the passengers of or the passengers of the vessel.
the vessel.
Piracy Mutiny
Offenders are strangers to the Offenders are members of the
vessel. Hence, offenders are neither complement or the passengers of
passengers nor crew members. the vessel.
Done with animo furandi/intent to Against the authority of the
stealand with the intention of commander of the ship.
universal hostility.
Intent to gain is an element of piracy. Intent to gain is immaterial
Attack from the outside. Attack from the inside.
6. Qualified Piracy and Mutiny (Art. 123, RPC

Circumstances qualifying the crimes of piracy and mutiny
1. Whenever they have seized a vessel by boarding or firing upon the same;
NOTE: The first qualifying circumstance does not apply to mutiny since the
offenders are already on board the ship.
2. Whenever the pirates have abandoned their victims without means of
saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape.
C. Crimes against the Fundamental Laws of the State
1. Arbitrary detention (Art. 124, RPC);
Elements
1. Offender is a public officer or employee; 2. He detains a person; and 3.
Detention is without legal grounds
2. Delay in the delivery of detained persons to the proper judicial authorities
(Art. 125, RPC);
Elements
1. Offender is a public officer or employee; 2. He has detained a person for
some legal ground; and 3. He fails to deliver such person to the proper judicial
authorities within: a. 12 hours for crimes/offenses punishable by light
penalties or their equivalent; b. 18 hours for crimes/offenses punishable by
correctional penalties or their equivalent; c. 36 hours for crimes/offenses
punishable by afflictive penalties or their equivalent.
3. Delaying release (Art. 126, RPC);
Elements
1. Offender is a public officer or employee; 2. There is a judicial or executive
order for the release of the prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such person; and The
prisoners could be prisoners by final judgment or detention prisoners. 3.
Offender without good reason delays: a. Service of notice of such order to the
prisoner, or b. Performance of such judicial or executive order for the release
of the prisoner, or c. Proceedings upon a petition for the release of such
person.
4. Expulsion (Art. 127, RPC);
Elements
Page 26 of 88
1. Offender is a public officer or employee; 2. He either: a. Expels any person

from the Philippines b. Compels a person to change residence; and 3.
Offender is not authorized to do so by law.
5. Violation of domicile (Art. 128, RPC);
Punishable acts:
1. Entering any dwelling against the will of the owner thereof; 2. Searching
papers or other effects found therein without the previous consent of such
owner; and 3. Refusing to leave the premises after having surreptitiously
entered said dwelling and after having been required to leave the same.
Qualifying circumstances under Art. 128
1. If committed at night time; and 2. If any papers or effects not constituting
evidence of a crime are not returned immediately after the search is made by
the offender
6. Search warrants maliciously obtained and abuse in the service of
those legally obtained (Art. 129, RPC);
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; and 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; and c. That he exceeds his authority or
uses unnecessary severity in executing the same.
7. Searching domicile without witnesses (Art. 130, RPC);
Elements
1. Offender is a public officer or employee;
2. He is armed with search warrant legally procured;
3. He searches the domicile, papers or other belongings of any person; and
NOTE: The papers or other belongings must be in the dwelling of the owner
at the time the search is made.
4. Owner or any member of his family, or two witnesses residing in the same
locality are not present.
8. Prohibition, interruption, and dissolution of peaceful meetings (Art.
131, RPC);
Prohibited acts:
1. Prohibiting or interrupting, without legal ground, the holding of a peaceful
meeting, or by dissolving the same; 2. Hindering any person from joining any
lawful association or from attending any of its meetings; and 3. Prohibiting or
hindering any person from addressing, either alone or together with others,
any petition to the authorities for correction of abuses or redress of
grievances.
In all three cases, the following elements must concur: 1. Offender is a public
officer; and 2. He performs any of the acts mentioned above
9. Interruption of religious worship (Art. 132, RPC); and
Elements
1. Offender is a public officer or employee; 2. Religious ceremonies, or
manifestations of any religious ceremonies are about to take place or are
going on; and 3. Offender prevents or disturbs the same,
10. Offending the religious feelings (Art. 133, RPC)
Elements
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1. Acts complained of were performed: a. In a place devoted to religious

worship; or b. During the celebration of any religious ceremony; and 2. Acts
must be notoriously offensive to the feelings of the faithful.
It is not necessary that there is religious worship.
D. Crimes against Public Order
1. REBELLION OR INSURRECTION ART. 134
Elements
1. That there be: a. public uprising and b. taking of arms against the
Government.
2. Purpose of uprising or movement is either to:
a. Remove 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;
b. Deprive the Chief Executive or Congress, wholly or partially, any of their
powers or prerogatives
2. COUP D’ETAT ART. 134-A
Elements
1. Offender is a person or persons belonging to the military or police or holding
any public office or employment; 2. There be a swift attack accompanied by
violence, intimidation, threat, strategy or stealth; 3. The purpose of the attack
is seize or diminish State power; and 4. The attack is directed against duly
constituted authorities of the Republic of the Philippines, or any military camp
or installation, communication networks, public utilities or other facilities
needed for the exercise and continued possession of power.
PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT ART.
135
1. Leader a. Any person who promotes, maintains, or heads a rebellion or
insurrection; or b. Any person who leads, directs, or commands others to
undertake coup d’etat.
2. Participants a. Any person who participates or executes the commands of
others in rebellion, or insurrection; b. Any person in the government service
who participates, or executes directions or commands of others in
undertaking a coup d’etat; or c. Any person not in the government service
who participates, supports, finances, abets, or aids in undertaking a coup
d’etat.
3. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT,
REBELLION, OR INSURRECTION ART. 136
Crimes punished under this Article
1. Conspiracy to commit coup d’etat; 2. Proposal to commit coup d’etat; 3.
Conspiracy to commit rebellion or insurrection; and 4. Proposal to commit
rebellion or insurrection.
4. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES ART. 137
Punishable acts of disloyalty
1. Failing to resist a rebellion by all the means in their power; 2. Continuing to
discharge the duties of their offices under the control of the rebels; and 3.
Accepting appointment to office under them.
5. INCITING TO REBELLION OR INSURRECTION ART.138
Elements
1. Offender does not take arms or is not in open hostility against the
Government; 2. He incites others to rise publicly and take arms against the
Government for any of the purposes of the rebellion; and 3. The inciting is
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done by means of speeches, proclamations, writings, emblems, banners or

other representations tending to the same end.
6. SEDITION ART. 139
Elements
1. Offenders rise (1) publicly and (2) tumultuously;
2. They employ force, intimidation, or other means outside of legal methods;
and
3. The offenders employ any of those means to attain any of the following
objects or purposes:
a. Prevent the promulgation or execution of any law or the holding of any
popular election;
b. Prevent the National Government, or any provincial or municipal
government, or any public officer thereof from freely exercising its or his
functions, or prevent the execution of any administrative order;
c. Inflict any act of hate or revenge upon the person or property of any
public officer or employee;
d. Commit for any political or social end any act of hate or revenge against
private persons or any social class; and
e. Despoil, for any political or social end, any person, municipality or
province, or the National Government of all its property or any part thereof.
PENALTY FOR SEDITION ART. 140
1. The leader – prision mayorin its minimum period, fine not exceeding
Php10,000 2. Other persons participating in the sedition – prision correccional
in its maximum period, fine not exceeding Php5,000
7. CONSPIRACY TO COMMIT SEDITION ART. 141 – NO CRIME OF
PROPOSAL TO COMMIT SEDITION
8. INCITING TO SEDITION ART. 142
1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems, etc.; 2.
Uttering seditious words or speeches which tend to disturb the public peace;
and 3. Writing, publishing, or circulating scurrilous libels against the
Government or any of the duly constituted authorities thereof, which tend to
disturb the public peace.
9. ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL
ASSEMBLY AND SIMILAR BODIES ART. 143
Elements
1. That there be a projected or actual meeting of the National Assembly
(Congress of the Philippines) or any of its committees or subcommittees,
constitutional committees or divisions thereof, or any of the provincial board
or city or municipal council or board; and 2. Offender who may be any person
prevents such meeting by force or fraud.
10. DISTURBANCE OF PROCEEDINGS ART. 144
Elements
1. That there be a meeting of the National Assembly (Congress of the
Philippines) 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; and 2. Offender does any of the following
acts: a. Disturbs any of such meetings; or b. 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.
11. VIOLATION OF PARLIAMENTARY IMMUNITY ART. 145
Acts punishable:
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1. By using force, intimidation, threats, or fraud to prevent any member of the

National Assembly (Congress of the Philippines) from: a. Attending the
meetings of the Assembly or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or b. From
expressing his opinions or c. Casting his vote The offender in this case may
be any person.
2. By arresting or searching any member thereof while the National Assembly
is in regular or special session, except in case such member has committed
a crime punishable under the Code by a penalty higher than prision mayor.
12. ILLEGAL ASSEMBLIES ART. 146
1. Any meeting attended by armed persons for the purpose of committing any
of the crimes punishable under the Code.
Elements: a. There is a meeting, a gathering or group of persons, whether in
a fixed placed or moving; b. The meeting is attended by armed persons; and
c. 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 direct
assault
Elements: a. There is a meeting, a gathering or group of persons, whether in
a fixed placed or moving; and b. The audience, whether armed or not, is
incited to the commission of the crime of treason, rebellion or insurrection,
sedition or direct assault.
13. ILLEGAL ASSOCIATIONS ART. 147
1. Associations totally or partially organized for the purpose of committing any
of the crimes punishable under the Code; or 2. Associations totally or partially
organized for some purpose contrary to public morals.
Persons liable for the crime of illegal associations
1. Founders, directors and president of the association; and 2. Mere members
of the association.
14. DIRECT ASSAULTS ART. 148
1. Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition; and
Elements
1. Offender employs force or intimidation; 2. The aim of the offender is to
attain any of the purposes of the crime of rebellion or any of the objects of the
crime of sedition; and 3. There is no public uprising
2. Without public uprising, by attacking, by employing force or by seriously
intimidating or by seriously resisting any person in authority or any of his
agents, while engaged in the performance of official duties, or on the occasion
of such performance.
Elements
1. Offender: a. Makes an attack, b. Employs force, c. Makes a serious
intimidation, or d. Makes a serious resistance;
2. Person assaulted is a person in authority or his agent;
3. That at the time of the assault the person in authority or his agent: a. Is
engaged in the performance of official duties, or that he is assaulted b. On
occasion of such performance;
4. The offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties; and
5. There is no public uprising.
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15. INDIRECT ASSAULTS ART. 149

Elements
1. An agent of a person in authority is the victim of any of the forms of direct
assault defined in Art. 148; 2. A person comes to the aid of such authority;
and 3. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent
16. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL
ASSEMBLY OR CONSTITUTIONAL COMMISSIONS ART. 150
Acts Punishable
1. Refusing, without legal excuse, to obey summons of the National
Assembly, its special or standing committees and subcommittees, the
Constitutional commissions and its committees, subcommittees or divisions,
or by any commission or committee chairman or member authorized to
summon witnesses;
2. Refusing to be sworn or placed under affirmation while being 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; or
5. Inducing disobedience to a summons or refusal to be sworn by any such
body or official.
17. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY
OR HIS AGENTS ART. 151
Elements of resistance and serious disobedience
1. A person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender; 2. The offender resists or seriously
disobeys such person in authority or his agent; and 3. That the act of the
offender is not included in the provisions of Arts. 148, 149, and 150.
Elements of simple disobedience
1. An agent of a person in authority is engaged in the performance of official
duty or gives a lawful order to the offender; 2. The offender disobeys such
agent of a person in authority; and 3. Such disobedience is not of a serious
nature.
PERSONS IN AUTHORITY AND AGENTS OF PERSON IN AUTHORITY
ART. 152
Persons in authority are those directly vested with jurisdiction, whether as an
individual or as a member of some court or government corporation, board,
or commission.
The following are persons in authority: 1. Mayors; 2. Division superintendent
of school; 3. Public and private school teachers; 4. Provincial Fiscal; 5.
Judges; 6. Lawyers in actual performance of duties; 7. Sangguniang Bayan
member; 8. Barangay Chairman; and 9. Members of the Lupong
Tagapamayapa.
Agent of a person in authority
Any person who by direct provision of law or by election or by appointment by
competent authority is charged with the: 1. Maintenance of public order; and
2. Protection and security of life and property.
Agents of persons in authority includes: 1. Barangay Kagawad 2. Barangay
Tanod 3. Barangay Councilman 4. Any person who comes to the aid of
persons in authority.
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18. TUMULTS AND OTHER DISTURBANCES OF PUBLIC DISORDER

ART. 153
1. Causing any serious disturbance in a public place, office, or establishment;
2. Interrupting or disturbing performances, functions or gatherings, or
peaceful meetings, if the act is not included in Arts. 131 and 132;
NOTE: The crime is qualified if disturbance or interruption is of a tumultuous
character.
3. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place;
4. Displaying placards or emblems which provoke a disturbance of public
disorder in such place;
5. Burying with pomp the body of a person who has been legally executed.
19. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES ART. 154
Punishable Acts:
1. Publishing or causing to be published, by means of printing, lithography or
any other means of publication, 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 proper authority, or before they have been published
officially; or
4. Printing, publishing or distributing books, pamphlets, periodicals, or leaflets
which do not bear the real printer’s name, or which are classified as
anonymous.
20. ALARMS AND SCANDALS ART. 155
Punishable acts:
1. Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, calculated to cause alarm or danger; NOTE: The
discharge may be in one’s home since the law does not distinguish as to
where in town. The discharge of firearms and rockets during town fiestas and
festivals are not covered by the law.
2. Instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility; NOTE: The
term “charivari” includes a medley of discordant voices, a mock of serenade
of discordant noises made on kettles, tins, horns, etc., designed to annoy and
insult.
3. Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements; and
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided Art. 153 is not applicable.
21. DELIVERING PRISONERS FROM JAIL ART. 156
Elements
1. There is a person confined in a jail or penal establishment; and 2. That the
offender removes therefrom such person, or helps the escape of such person.
PD 1829 or Obstruction of justice is absorbed in the crime of delivery of
prisoners from jail or infidelity in the custody of prisoners.
22. EVASION BY ESCAPING DURING TERM OF SENTENCE ART. 157
Elements
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1. Offender is a convict by final judgment; 2. He is serving his sentence which

consists in deprivation of liberty; and 3. He evades the service of his sentence
by escaping during the term of his sentence
23. EVASION ON THE OCCASION OF DISORDERS ART. 158
Elements
1. Offender is a convict by final judgment who is confined in a penal institution;
2. There is disorder, which results from: a. Conflagration b. Earthquake c.
Explosion d. Other similar catastrophe, or e. Mutiny in which he has not
participated;
3. Offender evades the service of his sentence by leaving the penal institution
where he is confined on the occasion of such disorder or during the mutiny;
and
4. Offender fails to give himself up to the authorities within forty-eight (48)
hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
24. EVASION BY VIOLATION OF CONDITIONAL PARDON ART. 159
Elements
1. Offender was a convict; 2. That he was granted a conditional pardon by the
Chief Executive; and 3. He violated any of the conditions of such pardon.
25. QUASI-RECIDIVISM ART. 160
Elements
1. Offender was already convicted by final judgment of one offense; and 2.
That he committed a new felony before beginning to serve such sentence or
while serving the same.
E. Crimes against Public Interest
1. Forging the seal of the Government, signature or stamp of the Chief
Executive (Art. 161, RPC);
Punishable Acts
1. Forging the Great Seal of the Government of the Philippines; 2. Forging
the signature of the President; and 3. Forging the stamp of the President.
2. Using forged signature, seal or stamp (Art. 162, RPC);
Elements
1. That the Great 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; and
NOTE: The offender is not the forger or the cause of the counterfeiting. If the
offender is the forger, the crime committed is forgery under Art. 161.
3. That he used counterfeit seal or forged signature or stamp.
3. Counterfeiting coins (Art. 163, RPC);
Elements
1. That there be false or counterfeited coins; 2. That the offender either made,
imported or uttered such coins; and 3. That in case of uttering such false or
counterfeited coins, he connived with the counterfeiters or importers.
4. Mutilation of coins (Art. 164, RPC);
Punishable Acts
1. Mutilating coins of the legal currency, with the further requirement that there
be intent to damage or to defraud another; and
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.
Page 33 of 88
Requisites
1. Coin mutilated is of legal tender; and
NOTE: This is the only article that requires that the mutilated coin be legal
tender.
2. Offender gains from the precious metal dust abstracted from the coin.
5. SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
ART. 165
Punishable Acts
1. Possession of coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated.
Elements: a. Possession (includes constructive possession); b. With intent to
utter; and c. Knowledge.
NOTE: Possession of or uttering false coin does not require that the
counterfeiting coin is legal tender. The possessor should not be the
counterfeiter, mutilator, or importer of the coins.
2. Actually uttering such false or mutilated coin, knowing the same to be false
or mutilated.
Elements: a. Actually uttering a false or mutilated coin; and b. Knowledge that
such coin is false or mutilated.
6. Forging treasury or bank notes or other documents payable to bearer

(Art. 166, RPC).
Acts Punished
1. Forging or falsification of treasury or bank notes or other documents
payable to bearer; 2. Importation of such false or forged obligations or notes;
and 3. Uttering of such false or forged obligations or notes in connivance with
the forgers or importers
7. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER ART. 167
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; and 3. That in case of uttering, he connived with the forger
or importer.
8. Illegal Possession and Use of False Treasury or Bank Notes and Other
Instruments of Credit (Art. 168, RPC);
Elements
1. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person; 2. That
the offender knows that any of the said instruments is forged or falsified; and
3. That he either used or possessed with intent to use any of such forged or
falsified instruments.
9. How Forgery is Committed (Art. 169, RPC).
1. By giving to a treasury or bank note or any instrument payable to bearer or
to order mentioned therein, the appearance of a true and genuine
document; or
2. By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or sign contained therein.
10. Falsification of legislative documents (Art. 170, RPC);
Elements
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1. That there be a bill, resolution or ordinance enacted or approved or pending

approval by either House of Legislature or any provincial board or municipal
council; 2. That the offender alters the same; 3. That he has no proper
authority therefor; and 4. That the alteration has changed the meaning of the
document.
11. Falsification by public officer, employee or notary ecclesiastical
minister (Art. 171, RPC);
Elements
1. That the offender is a public officer, employee, or notary public;
2. That he takes advantage of his official position:
a. He has the duty to make or prepare or to otherwise intervene in
the preparation of the document; or
b. He has the official custody of the document which he falsifies;
and
3. That he falsifies a document by committing any of the following acts :
a. Counterfeiting or imitating any handwriting, signature, or rubric.
Elements:
i. That there be an intent to imitate, or an attempt to imitate;
and
ii. That the two signatures or handwritings, the genuine and
the forged bear some resemblance to each other.
NOTE: The Spanish text of Art. 171 is “fingiendo” or feigning (for imitation). In
feigning, there is no original signature, handwriting or rubric, but a forgery of
a signature, handwriting or rubric that does not exist.
b. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate.
Elements:
i. That the offender caused it to appear in a document that
a person or persons participated in an act or a proceeding; and
ii. That such person or persons did not in fact so participate
in the act or proceeding.
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them.
Elements:
i. That a person or persons participated in an act or a
proceeding;
ii. That such person or persons made statements in that act
or proceeding; and
iii. That the offender, in making a document, attributed to
such person or persons statements other than those in fact made by such
person or persons.
d. Making untruthful statements in a narration of facts.
Elements:
i. That the offender makes in a document untruthful
statements in a narration of facts;
ii. That he has legal obligation to disclose the truth of the
facts narrated by him;
NOTE: There is a law requiring the disclosure of truth of the facts narrated.
iii. The facts narrated by the offender are absolutely false;
and
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NOTE: The perversion of truth in the narration of facts must be made with the
wrongful intent of injuring a third person.
iv. The untruthful narration must be such as to affect the
integrity of the document or to change the effects which it would otherwise
produce.
e. Altering true dates. There is falsification under this paragraph
only when the date mentioned in the document is essential. The alteration of
the date in a document must affect either the veracity of the document of the
effects thereof.
f. Making any alteration or intercalation in a genuine document
which changes its meaning.
Elements:
i. That there be an alteration (change) or intercalation
(insertion) on a document;
ii. That it was made on a genuine document;
iii. That the alteration or intercalation had changed the
meaning of the document; and
iv. That the change made the document speak something
false. The alteration which makes a document speak the truth does not
constitute falsification.
g. Issuing in authenticated form a document purporting to be a copy
of an original document when no such original exists, or including in such
copy a statement contrary to, or different from, that of the genuine original.
NOTE: The acts of falsification mentioned in this paragraph cannot be
committed by a private individual or by a notary public or a public officer who
does not take advantage of his official position.
h. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or official book.
4. In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
12. Falsification by private individuals (Art. 172, RPC);
Punishable Acts
1. Falsification of public official or commercial document by a private
individual.
Elements:
a. Offender is a private individual or public officer or employee who
did not take advantage of his official position; b. He committed any
act of falsification; and
c. The falsification is committed in a public, official, or commercial
document or letter of exchange. Under this par., damage is not essential. It is
presumed.
2. Falsification of private document by any person
Elements:
a. Offender committed any of the acts of falsification except Art. 171
(7), that is, issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists, or including in
such a copy a statement contrary to, or different from that of the genuine
original;
b. Falsification was committed in any private document; and
c. Falsification caused damage to a third party or at least the
falsification was committed with intent to cause such damage.
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Mere falsification of private document is not enough, two things are required:
a. He must have counterfeited the false document. b. He must have
performed an independent act which operates to the prejudice of a third
person.
3. Use of falsified document.
Elements:
a. In introducing in a judicial proceeding
i. Offender knew that the document was falsified by
another person
ii. The falsified document is in Arts. 171 or 172 (1 or
2)
iii. He introduced said document in evidence in a
judicial proceeding
Damage is not necessary in the crime of introducing in judicial proceeding a
false document.
b. In use in any other transaction –
i. Offender knew that a document was falsified by
another person
ii. The false document is embraced in Arts. 171 or
172 (1 or 2)
iii. He used such document
iv. The use caused damaged to another or at least
used with intent to cause damage
13. Falsification of wireless, cable, telegraph and telephone messages
(Art. 173, RPC);
Punishable Acts
1. Uttering fictitious wireless, telegraph or telephone message;
2. Falsifying wireless, telegraph or telephone message; and
Elements of par. 1 and 2:
a. That the offender is an officer or employee of the Government or
an officer or employee of a private corporation, engaged in the service of
sending or receiving wireless, cable or telephone message; and
b. That the offender commits any of the following acts:
i. Uttering fictitious wireless, cable, telegraph or telephone
message; or
ii. Falsifying wireless, cable, telegraph, or telephone
message.
3. Using such falsified message.
Elements:
a. Offender knew that wireless, cable, telegraph, or telephone
message was falsified by an officer or employee of a private corporation,
engaged in the service of sending or receiving wireless, cable or telephone
message;
b. He used such falsified dispatch; and
c. The use resulted in the prejudice of a third party or at least there
was intent to cause such prejudice.
14. Falsification of medical certificates, certificates of merit or service
(Art. 174, RPC);
Punishable Acts
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1. Issuance of false certificate by a physician or surgeon in connection with

the practice of his profession;
2. Issuance of a false certificate or merit or service, good conduct or similar
circumstances by a public officer; and
NOTE: Intent to gain is immaterial. But if the public officer issued the false
certificate in consideration of a promise, gift or reward, he will also be liable
for bribery.
3. Falsification by a private person of any certificate falling within 1 and 2.
15. Using False Certificates (Art. 175, RPC);
Elements
1. A physician or surgeon had issued a false medical certificate, or public
officer issued a false certificate of merit or service, good conduct, or similar
circumstance, or a private person had falsified any of said certificates; 2.
Offender knew that the certificate was false; and 3. He used the same.
16. Manufacturing and Possession of Instruments or Implements for
Falsification (Art. 176, RPC).
Punishable Acts
1. Making or introducing into the Philippines any stamps, dies, marks, or other
instruments or implements for counterfeiting or falsification; and 2.
Possessing with intent to use the instrument or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person.
17. Usurpation of Authority or Official Functions (Art. 177, RPC);
1. Usurpation of Authority – by knowingly and falsely representing oneself to
be an officer, agent or representative of any department or agency of the
Philippine Government or any foreign government.
2. Usurpation of Official Functions – by performing any act pertaining to any
person in authority or public officer of the Philippine Government or of a
foreign government or any agency thereof, under pretense of official position,
and without being lawfully entitled to do so.
18. Using Fictitious and Concealing True Name (Art. 178, RPC);
1. Using fictitious name
Elements: a. Offender uses a name other than his real name; b. He uses the
fictitious name publicly; and c. Purpose of use is to conceal a crime, to evade
the execution of a judgment or to cause damage (to public interest).
NOTE: If the purpose is to cause damage to private interest, the crime will be
estafa under Art. 315(2) (a).
2. Concealing true name
Elements: a. Offender conceals his true name and other personal
circumstances; and b. Purpose is only to conceal his identity
19. Illegal Use of Uniforms and Insignia (Art. 179, RPC);
Elements
1. Offender makes use of insignia, uniform or dress 2. The insignia, uniform
or dress pertains to an office not held by the offender or to a class of persons
of which he is not a member 3. Said insignia, uniform, or dress is used publicly
and improperly
20. False Testimony Against a Defendant (Art. 180, RPC);
How false testimony is committed
False testimony is committed by a person who, being under oath and required
to testify as to the truth of a certain matter at a hearing before a competent
authority, shall deny the truth or say something contrary to it
Elements
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1. There is a criminal proceeding; 2. Offender testifies falsely under oath

against the defendant therein; 3. Offender who gives false testimony knows
that it is false; and 4. Defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment
21. False Testimony Favorable to the Defendant (Art. 181, RPC);
Elements
1. A person gives false testimony; 2. In favor of the defendant; and 3. In a
Criminal case
22. False Testimony in Civil Cases (Art. 182, RPC);
Elements
1. Testimony must be given in a civil case; 2. It must relate to the issues
presented in said case; 3. It must be false; 4. It must be given by the defendant
knowing the same to be false; and 5. It must be malicious and given with an
intent to affect the issues presented in said case.
23. False Testimony in Other Cases and Perjury in Solemn Affirmation
(Art. 183, RPC);
Perjury is the willful and corrupt assertion of falsehood under oath or
affirmation administered by authority of law on a material matter.
Elements
1. Accused made a statement under oath or executed an affidavit upon a
material matter
2. Statement or affidavit was made before a competent officer, authorized to
receive and administer oath;
3. In that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood; and
4. Sworn statement or affidavit containing the falsity is required by law.
24. Offering False Testimony in Evidence (Art. 184, RPC);
Elements
1. Offender offered in evidence a false witness or false testimony; 2. He knew
the witness or testimony was false; and 3. Offer was made in a judicial or
official proceeding.
25. Machinations in Public Auctions (Art. 185, RPC);
1. Soliciting any gift or promise as a consideration for refraining from taking
part in any public auction.
Elements:
a. There is a public auction;
b. Offender solicits any gift or compromise from any of the bidders;
c. Such gift or promise is the consideration for his refraining from
taking part in that public auction; and
d. Offender has the intent to cause the reduction of the price of the
thing auctioned.
2. Attempting to cause bidders to stay away from an auction by threats, gifts,
promises or any other artifice.
Elements:
a. There is a public auction;
b. Offender attempts to cause the bidders to stay away from that
public auction;
c. It is done by threats, gifts, promises or any other artifice; and
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d. Offender has the intent to cause the reduction of the price of the
thing auctioned.
26. Monopolies and Combinations in Restraint of Trade (Art. 186, RPC);
and
Art. 186 has been repealed by the Philippine Competition Act or RA 1066
27. Importation and Disposition of Falsely Marked Articles or
Merchandise Made of Gold, Silver, or other Precious Metals or their
Alloys (Art. 187, RPC).
Elements
1. Offender imports, sells, or disposes of any of those articles or merchandise;
2. Stamps, brands, or marks of those articles of merchandise fail to indicate
the actual fineness or quality of said metals or alloys; and
3. Offender knows that the stamps, brands or marks fail to indicate the actual
fineness or the quality of the metals or alloys.
F. Crimes against Public Morals
1. GRAVE SCANDAL ART. 200
Elements
1. Offender performs an act or acts; 2. Such act or acts be highly scandalous
as offending against decency or good customs; 3. Highly scandalous conduct
is not expressly falling within any other article of this Code; and 4. Act or acts
complained of be committed in a public place or within the public knowledge
or view.
2. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS ART. 201 AS AMENDED BY PD
969
Persons liable
1. Those who shall publicly expound or proclaim doctrines openly contrary to
public morals;
2. Authors of obscene literature, published with their knowledge in any form,
the editors publishing such literature; and the owners/operators of the
establishment selling the same;
3. Those who, in theaters, fairs, cinematographs, or any other place, exhibit
indecent or immoral plays, scenes, acts, or shows, it being understood that
the obscene literature or indecent or immoral plays, scenes, acts or shows,
whether live or in film, which are proscribed by virtue hereof, shall include
those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the market for violence, lust
or pornography;
c. Offend any race, or religion;
d. Tend to abet traffic in and use of prohibited drugs;
e. Contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts;
4. Those who shall sell, give away, or exhibit films, prints, engravings,
sculptures, or literatures which are offensive to morals.
3. VAGRANTS AND PROSTITUTES ART. 202, as amended by RA 10158
“An Act Decriminalizing Vagrancy”
The term is applicable only to a woman who, for money or profit, habitually
engages in sexual intercourse or lascivious conduct. A man who engages in
the same conduct is not a prostitute but a vagrant.
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Sexual intercourse is not a necessary element to constitute prostitution. The

act of habitually indulging in lascivious conducts because of money or gain
would already amount to prostitution.
No crime of prostitution by conspiracy
One who conspires with a woman in the prostitution business like pimps, taxi
drivers or solicitors of clients are guilty of the crime under Article 341 for white
slavery
G. Crimes committed by Public Officers
Three forms of breach of oath or duty
MISFEASANCE MALFEASANCE NONFEASANCE
Improper performance Performance of some Omission of some act
of some act which act which ought not to which ought to be
might be lawfully done be done. performed.
1. KNOWINGLY RENDERING UNJUST JUDGMENT ART. 204

Elements:
1. Offender is a judge; 2. He renders a judgment in a case submitted to him
for decision; 3. Judgment is unjust; and 4. The judge knows that his judgment
is unjust.
2. JUDGMENT RENDERED THROUGH NEGLIGENCE ART. 205
Elements
1. Offender is a judge; 2. He renders a judgment in a case submitted to him
for decision; 3. Judgment is manifestly unjust; and 4. It is due to his
inexcusable negligence or ignorance.
3. UNJUST INTERLOCUTORY ORDER ART. 206
Elements
1. Offender is a judge; and
2. 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.
4. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE ART. 207
Elements
1. Offender is a judge; 2. There is a proceeding in his court; 3. He delays the
administration of justice; and 4. 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.
5. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
ART. 208
Punishable acts
1. Maliciously refraining from instituting prosecution against violators of law.
2. Maliciously tolerating the commission of offenses.
Elements
1. Offender is a public officer or officer of the law who has a duty to cause the
prosecution of, or to prosecute, offenses; 2. There is dereliction of the duties
of his office, that is, 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. Offender acts with malice and deliberate intent to favor the violator of the
law.
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NOTE: Q: If a police officer tolerates the commission of a crime or otherwise

refrains from apprehending the offender, is he liable for dereliction of duty?
A: NO. Such police officer does not have the duty to prosecute or to move the
prosecution of the offender. It is the Chief of police which has the duty to do
so. He can however be prosecuted as follows: 1. An accessory to the crime
committed by the principal in accordance with Art. 19, par. 3; or 2. He may
become a fence if the crime committed is robbery or theft, in which case he
violates the Anti-Fencing Law; or 3. He may be held liable for violating the
AntiGraft and Corrupt Practices Act.
6. BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR –
BETRAYAL OF SECRETS ART. 209
Punishable acts
1. Causing damage to his client, either: a. By any malicious breach of
professional duty; b. By inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned by him in his professional
capacity. Damage is not necessary. The mere fact that a secret has been
revealed is already punishable.
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.
7. DIRECT BRIBERY ART. 210
Punishable Acts:
1. Agreeing to perform or performing an act pertaining to the duties of the
office which constitutes a crime
2. Accepting a gift in consideration of the execution of an act which does not
constitute a crime
3. Abstaining from the performance of official duties.
Elements
1. Offender is a public officer within the scope of Art. 203; 2. Offender accepts
an offer or promise or receives a gift or present by himself or through another;
3. Such offer or promise be accepted, or gift or present received by the public
officer: a. With a view of committing some crime b. In consideration of the
execution of an act which does not constitute a crime, but the act must be
unjust c. To refrain from doing something, which is his official duty to do; and
4. That act which the offender agrees to perform or which he executes be
connected with the performance of his official duties.
8. INDIRECT BRIBERY ART. 211
Elements
1. Offender is a public officer;
2. He accepts gifts; and
3. Said gifts are offered to him by reason of his office.
9. QUALIFIED BRIBERY ART. 211-A
Elements
1. Offender is a public officer entrusted with law enforcement; 2. He refrains
from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death; and 3. He refrains from
arresting or prosecuting the offender in consideration of any promise, gift or
present.
10. CORRUPTION OF PUBLIC OFFICIALS ART. 212
Elements
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1. Offender makes offers or promise or gives gifts or presents to a public

officer; and 2. The offers or promises are made or the gifts or presents are
given to a public officer under circumstances that will make the public officer
liable for direct bribery or indirect bribery.
11. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR
OFFENSES ART. 213
Punishable acts
1. 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 or with regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public property funds
(fraud against public treasury);
2. 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 (illegal exaction);
3. 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 (illegal exaction); and
4. 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 (illegal exaction).
Elements of fraud against public treasury
1. Offender is a public officer;
2. He should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity;
3. 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; and
4. Accused had intent to defraud the Government.
Three ways of committing illegal exactions
1. Demanding, directly or indirectly, the payment of sums different from or
larger than those authorized by law – Mere demand will consummate the
crime, even if the taxpayer shall refuse to come across with the amount being
demanded. NOTE: It is not necessary that payment demanded be larger than
amount due the government; it may be less than the amount due to the
government.
2. Failing voluntarily to issue a receipt as provided by law, for any sum of
money collected by him officially – The act of receiving payment due to the
government without issuing a receipt will give rise to illegal exaction even
though a provisional receipt has been issued. What the law requires is a
receipt in the form prescribed by law, which means official receipt.
3. Collecting or receiving directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by law.
Elements of illegal exaction
1. The offender is a collecting officer;
2. He is entrusted with the collection of taxes, licenses, fees, and other
imposts; and
3. He committed 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; b. Failing voluntarily to issue a receipt as provided by law,
for any sum of money collected by him officially; 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
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12. OTHER FRAUDS ART. 214

Elements
1. Offender is a public officer; 2. He takes advantage of his official position;
and 3. He commits any of the frauds or deceits enumerated in Arts. 315-318.
13. PROHIBITED TRANSACTIONS ART. 215
Elements
1. Offender is an appointive public officer; 2. He becomes interested, directly
or indirectly, in any transaction of exchange or speculation; 3. Transaction
takes place within the territory subject to his jurisdiction; and 4. He becomes
interested in the transaction during his incumbency.
14. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
ART. 216
Persons liable under this article
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; or
3. Guardians and executors with respect to the property belonging to their
wards or the estate
15. MALVERSATION BY APPROPRIATING, MISAPPROPRIATING OR
PERMITTING ANY OTHER PERSON TO TAKE PUBLIC FUNDS OR
PROPERTY ART. 217
Punishable Acts
1. Appropriating public funds or property; 2. Taking or misappropriating the
same; 3. Consenting, or through abandonment or negligence, permitting any
other person to take such public funds or property; and 4. Being otherwise
guilty of the misappropriation or malversation of such funds or property.
Common elements to all acts of malversation
1. Offender is a public officer; 2. He had the custody or control of funds or
property by reason of the duties of his office; 3. Those funds or property were
public funds or property for which he was accountable; and 4. He
appropriated, took, misappropriated or consented, or through abandonment
negligence, permitted another person to take them.
16. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
ART. 218
Elements
1. Offender is a public officer, whether in the service or separated therefrom;
2. He must be an accountable officer for public funds or property; 3. He is
required by law or regulation to render accounts to the Commission on Audit,
or to a provincial auditor; and 4. He fails to do so for a period of two months
after such accounts should be rendered.
17. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY ART. 219
Elements
1. Offender is a public officer; 2. He must be an accountable officer for public
funds or property; and 3. He must have unlawfully left (or be on point of
leaving) the Philippines without securing from the Commission on Audit a
certificate showing that his accounts have been finally settled.
18. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ART. 220 =
TECHNICAL MALVERSATION
Elements
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1. Offender is a public officer; 2. There is public fund or property under his

administration; 3. Such public fund or property has been appropriated by law
or ordinance; and 4. He applies the same to a public use other than that for
which such fund or property has been appropriated by law or ordinance.
19. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
ART. 221
Punishable acts
1. Failing to make payment by a public officer who is under obligation to make
such payment from Government funds in his possession; and 2. 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.
Elements
1. That the public officer has government funds in his possession; 2. That he
is under obligation to make payments from such funds; and 3. That he fails to
make payment maliciously
Private individuals who may be liable under Art.217-221
1. Private individual 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; 3. Those who
acted in conspiracy in malversation; and 4. Accomplice and accessories to
malversation
20. CONNIVING WITH OR CONSENTING TO EVASION ART. 223
Elements
1. Offender is a public officer; 2. He has in his custody or charge a prisoner,
either detention prisoner or prisoner by final judgment; 3. Such prisoner
escaped from his custody; 4. That he was in connivance with the prisoner in
the latter’s escape
21. EVASION THROUGH NEGLIGENCE ART.224
Elements
1. Offender is a public officer; 2. He is charged with the conveyance or
custody of a prisoner, either detention prisoner or prisoner by final judgment;
3. Such prisoner escapes through his negligence.
22. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER ART. 225
Elements
1. Offender is a private person; 2. Conveyance or custody of prisoner or
person under arrest is confided to him; 3. Prisoner or person under arrest
escapes; and 4. Offender consents to the escape of the prisoner or person
under arrest or that the escape takes place through his negligence.
23. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENT
ART. 226
Elements
1. The offender is a public officer; 2. He abstracts, destroys, or conceals
documents or papers; 3. Said documents or papers should have been
entrusted to such public officer by reason of his office; and 4. Damage,
whether serious or not, to a third party or to the public interest should have
been caused
24. OFFICER BREAKING SEAL ART. 227
Elements
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1. Offender is a public officer; 2. He is charged with the custody of papers or

property; 3. These papers or property are sealed by proper authority; and 4.
He breaks the seals or permits them to be broken.
25. OPENING OF CLOSED DOCUMENTS ART. 228
Elements
1. Offender is a public officer; 2. Any closed papers, documents or objects are
entrusted to his custody; 3. He opens or permits to be opened said closed
papers, documents or objects; and 4. He does not have proper authority.
26. REVELATION OF SECRETS BY AN OFFICER ART. 229
Punishable acts
1. Revealing any secrets known to the offending public officer by reason of
his official capacity.
Elements:
a. Offender is a public officer; b. He knows of a secret by reason of his official
capacity; c. He reveals such secret without authority or justifiable reasons;
and d. Damage, great or small, is caused to the public interest. NOTE: The
“secrets” referred to in this article are those which have an official or public
character, the revelation of which may prejudice public interest. They refer to
secrets relative to the administration of the government and not to secrets of
private individuals.
2. Wrongfully delivering papers or copies of papers of which he may have
charge and which should not be published.
Elements: a. Offender is a public officer; b. He is in charge of papers; c. Those
papers should not be published; d. He delivers those papers or copies thereof
to a third person; e. The delivery is wrongful; and f. Damage is caused to
public interest.
27. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
ART. 230
Elements
1. Offender is a public officer; 2. He knows of the secrets of private individual
by reason of his office; and 3. He reveals such secrets without authority or
justifiable reason
28. OPEN DISOBEDIENCE ART. 231
Elements
1. Offender is a judicial or executive officer; 2. There is judgment, decision or
order of a superior authority; 3. Such judgment, decision or order was made
within the scope of the jurisdiction of the superior authority and issued with all
the legal formalities; and 4. Offender without any legal justification openly
refuses to execute the said judgment, decision or order, which he is duty
bound to obey.
29. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR OFFICER ART. 232
Elements
1. Offender is a public officer; 2. An order is issued by his superior for
execution; NOTE: The order of the superior must be legal or issued within his
authority, otherwise, this article does not apply. If the order of the superior is
illegal, the subordinate has a legal right to refuse to execute such order, for
under the law, obedience to an order which is illegal is not justified and the
subordinate who obeys such order can be held criminally liable under Art. 11,
par. 6. 3. He has for any reason suspended the execution of such order; 4.
His superior disapproves the suspension of the execution of the order; and 5.
Offender disobeys his superior despite the disapproval of the suspension.
30. REFUSAL OF ASSISTANCE ART. 233
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Elements
1. Offender is a public officer; 2. Competent authority demands from the
offender that he lend his cooperation towards the administration of justice or
other public service; and 3. Offender fails to do so maliciously.
31. REFUSAL TO DISCHARGE ELECTIVE OFFICE ART. 234
Elements
1. Offender is elected by popular election to a public office; 2. He refuses to
be sworn in or to discharge the duties of said office; and 3. There is no legal
motive for such refusal to be sworn in or to discharge the duties of said office.
32. MALTREATMENT OF PRISONERS ART. 235
Elements
1. Offender is a public officer or employee;
2. He has under his charge a prisoner or detention prisoner; and If the public
officer is not charged with the custody of the prisoner, he is liable for physical
injuries.
3. He maltreats such prisoner 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
or humiliating manner. b. By maltreating such prisoner to extort a confession
or to obtain some information from the prisoner
33. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE ART. 236
Elements
For a person to be held liable, the following elements must be present:
1. That the offender is entitled to hold a public office or employment either by
election or appointment; 2. The law requires that he should first be sworn in
and/or should first give a bond; 3. He assumes the performance of the duties
and powers of such office; and 4. He has not taken his oath of office and/or
given the bond required by law.
34. PROLONGING PERFORMANCE OF DUTIES AND POWERS ART. 237
Elements
1. That the offender is holding a public office; 2. That the period allowed by
law for him to exercise such function and duties has already expired; and 3.
That the offender continues to exercise such function and duties.
35. ABANDONMENT OF OFFICE OR POSITION ART. 238
Elements:
1. That the offender is holding a public office; 2. That he formally resigns from
his office; The final or conclusive act of a resignation’s acceptance is the
notice of acceptance. 3. That his resignation has not yet been accepted; and
4. That he abandons his office to the detriment of the public service.
36. USURPATION OF LEGISLATIVE POWERS ART. 239
Elements
1. That the offender is an executive or judicial officer; and 2. That he: a. Makes
general rules and regulations beyond the scope of his authority; b. Attempts
to repeal a law; or c. Suspend the execution thereof.
37. USURPATION OF EXECUTIVE FUNCTIONS ART. 240
Elements
1. That the offender is a judge; and 2. That the offender: a. Assumes the
power exclusively vested to executive authorities of the Government; or b.
Obstructs executive authorities from the lawful performance of their functions.
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38. USURPATION OF JUDICIAL FUNCTIONS ART. 241

Elements
1. That the offender is holding an office under the Executive Branch of the
Government; and 2. That he: a. Assumes the power exclusively vested in the
Judiciary; or b. Obstructs the execution of any order or decision given by a
judge within his jurisdiction.
39. DISOBEYING REQUEST OF DISQUALIFICATION ART. 242
Elements
1. That the offender is a public officer; 2. That a proceeding is pending before
such public officer; 3. There is a question brought before the proper authority
regarding his jurisdiction, which is yet to be decided; 4. He has been lawfully
required to refrain from continuing the proceeding; and 5. He continues the
proceeding.
40. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY ART. 243
Elements
1. That the offender is an executive officer; 2. That the offender addresses
any order or suggestion to any judicial authority; and 3. That the order or
suggestion relates to any case or business within the exclusive jurisdiction of
the courts of justice
41. UNLAWFUL APPOINTMENTS ART. 244
Elements
1. Offender is a public officer; 2. He nominates or appoints a person to a public
office; “Nominate” is different from “recommend.” While nomination
constitutes a crime, mere recommendation does not. 3. Such person lacks
the legal qualification thereof; and 4. Offender knows that his nominee or
employee lacks the qualifications at the time he made the nomination or
appointment.
42. ABUSES AGAINST CHASTITY ART. 245
Elements
1. That the offender is a public officer; 2. That he solicits or makes any
indecent or immoral advances to a woman; and 3. That the offended party is
a woman who is: a. Interested in matters pending before the public officer for
his decision or where the public officer is required to submit a report or to
consult with a superior officer; 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 any
relative falling within the same degree by affinity of the person under the
custody and charge of the offender.
H. Crimes against Persons
1. PARRICIDE ART. 246
Elements
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the: a. Legitimate/Illegitimate father; b.
Legitimate/Illegitimate mother; c. Legitimate/Illegitimate child; d. Other
legitimate ascendant; e. Other legitimate descendant; or f. Legitimate spouse.
The relationship, except the spouse, must be in the direct line and not in the
collateral line.
2. DEATH OR SERIOUS PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES ART. 247
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Requisites
1. A legally married person or a parent surprises his spouse or daughter, the
latter under 18 years of age and living with him, in the act of committing sexual
intercourse; 2. He or she kills any or both of them or inflicts upon any or both
of them any serious physical injury in the act or immediately thereafter; and
3. He has not promoted or facilitated the prostitution of his wife or daughter,
or that he or she has not consented to the infidelity of the other spouse.
3. MURDER ART. 248
Elements of murder
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
Qualifying Circumstances
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense, or of means or persons to
insure or afford impunity. If committed “by a band”, it is still murder because
of the circumstance of “with the aid of armed men.”
2. In consideration of a price, reward or promise. If this aggravating
circumstance is present in the commission of the crime, it affects not only the
person who received the money or reward but also the person who gave it.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding on a
vessel, derailment or assault upon a railroad, fall of an airship, by motor
vehicles, or with the use of any other means involving great waste and ruin.
Appreciated only if the primordial criminal intent is to kill, and fire was only
used as a means to do so, it is murder. But if the primordial intent is to destroy
the property through fire and incidentally somebody died, it is arson.
Treachery and evident premeditation are inherent in murder by poison and,
as such, cannot be considered as aggravating circumstance.
4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of volcano, destructive cyclone,
epidemic, or other public calamity
The offender must take advantage of the calamity to qualify the crime to
murder.
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
Outraging means any physical act to commit an extremely vicious or deeply
insulting act while scoffing is any verbal act implying a showing of irreverence.
4. HOMICIDE ART. 249
Elements
1. That a person is killed; 2. That the accused killed him without any justifying
circumstance; 3. The accused had intention to kill which is presumed; and 4.
The killing was not attended by any of the qualifying circumstances of murder,
or by that of parricide or infanticide.
PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE
ART. 250
The Court may impose a penalty two degrees lower for frustrated parricide,
murder or homicide. In cases of attempted parricide, murder or homicide then
the Court may impose a penalty three degrees lower.
5. DEATH CAUSED IN A TUMULTUOUS AFFRAY ART. 251
Elements
1. There be several or at least 4 persons;
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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. Someone was killed in the course of the affray;
The person killed in the course of the affray need not be one of the
participants in the affray. He could be a mere passerby.
5. It cannot be ascertained who actually killed the deceased; and
If the one who inflicted the fatal wound is known, the crime is not tumultuous
affray. It is a case of homicide.
6. The person or persons who inflicted serious physical injuries or who used
violence can be identified.
6. PHYSICAL INJURIES INFLICTED IN TUMULTUOUS AFFRAY ART. 252
Elements
1. There is a tumultuous affray as referred to in the preceding article; 2. A
participant or some participants thereof suffer serious physical injuries or
physical injuries of a less serious nature only; 3. Person responsible thereof
cannot be identified; and 4. All those who appear to have used violence upon
the person of the offended party are known
7. GIVING ASSISTANCE TO SUICIDE ART. 253
Punishable acts
1. Assisting another to commit suicide, whether the suicide is consummated
or not; and
2. Lending assistance to another to commit suicide to the extent of doing the
killing himself.
8. DISCHARGE OF FIREARM ART. 254
Elements
1. Offender discharges a firearm against another person; and 2. Offender has
no intention to kill the person.
9. INFANTICIDE ART. 255
Elements
1. A child was killed; 2. Deceased child was less than 3 days old or less than
72 hours of age; and 3. Accused killed the said child.
10. INTENTIONAL ABORTION ART. 256
The crime of intentional abortion is committed in three ways
1. By using any violence upon the person of the pregnant woman; 2. By
administering drugs or beverages upon such pregnant woman without her
consent; or 3. By administering drugs or beverages with the consent of the
pregnant woman.
Elements
1. There is a pregnant woman; 2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her, or any
other act of the accused, the fetus dies, either in the womb or after having
been expelled therefrom; and 4. Abortion is intended.
11. UNINTENTIONAL ABORTION ART. 257
Elements
1. There is a pregnant woman; 2. Violence is used upon such pregnant
woman without intending an abortion; 3. Violence is intentionally exerted; and
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4. As a result of the violence exerted, the fetus dies either in the womb or after
having been expelled therefrom.
12. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER
PARENTS ART. 258
Elements
1. There is a pregnant woman who has suffered abortion; 2. Abortion is
intended; and 3. Abortion is caused by: a. The pregnant woman herself; b.
Any other person, with her consent; or c. Any of her parents, with her consent
for the purpose of concealing her dishonor.
13. ABORTION PRACTICED BY PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES ART. 259
Elements of this crime as to the physician or midwife
1. There is a pregnant woman who has suffered abortion; 2. Abortion is
intended; If abortion was not intended or was a result of a mistake, no crime
is committed. If the woman is not really pregnant, an impossible crime is
committed. 3. The offender must be a physician or midwife who causes or
assists in causing the abortion; and 4. Said physician or midwife takes
advantage of his or her scientific knowledge or skill.
Elements of this crime as to the pharmacists
1. Offender is a pharmacist; 2. There is no proper prescription from a
physician; and 3. Offender dispenses an abortive.
14. RESPONSIBILITY OF PARTICIPANTS IN A DUEL ART. 260
Punishable acts
1. Killing one’s adversary in a duel; 2. Inflicting upon such adversary physical
injuries; and 3. Making a combat although no physical injuries have been
inflicted.
15. CHALLENGING TO A DUEL ART. 261
Punishable acts
1. Challenging another to a duel; 2. Inciting another to give or accept a
challenge to a duel; and 3. Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel.
16. MUTILATION ART. 262
Kinds of mutilation
1. Intentionally mutilating another by depriving him, either totally or partially,
of some essential organ for reproduction.
Elements:
a. There must be a castration, which is mutilation of organs necessary for
generation, such as the penis or ovarium; and b. The mutilation is caused
purposely and deliberately, which is to deprive the offended party of some
essential organ for reproduction.
2. Intentionally making other mutilation, that is, by lopping or clipping off of
any part of the body of the offended party, other than the essential organ for
reproduction, to deprive him of that part of his body.
17. SERIOUS PHYSICAL INJURIES ART. 263
Instances considered as the crime of serious physical injuries
1. When the injured person becomes insane, imbecile, impotent, or blind in
consequence of the physical injuries inflicted. Impotence includes inability to
copulate and sterility. Blindness requires loss of vision of both eyes. Mere
weakness in vision is not contemplated.
2. When the injured person:
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a. Loses the use of speech or the power to hear or to smell, or loses

an eye, a hand, a foot, an arm or a leg; or
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was habitually
engaged in as a consequence of the physical injuries inflicted. Loss of hearing
must involve both ears. Otherwise, it will be considered as serious physical
injuries under par. Loss of the power to hear in the right ear is merely
considered as loss of use of some other part of the body.
3. When the injured:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged in for more than 90 days, as a consequence
of the physical injuries inflicted.
NOTE: In par. 2 and 3, the offended party must have a vocation or work at
the time of injury.
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. When the category of the offense of serious physical injuries
depends on the period of the illness or incapacity for labor, there must be
evidence of the length of that period. Otherwise, the offense will be
considered as slight physical injuries.
18. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
ART.264
Elements
1. The offender inflicted serious physical injuries upon another;
2. 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
To administer an injurious substance or beverage means to direct or cause
said substance or beverage to be taken orally by the injured person, who
suffered serious physical injuries as a result.
3. He had no intent to kill
19. LESS SERIOUS PHYSICAL INJURIES ART. 265
Elements
1. Offended party is incapacitated for labor for 10 days or more (but not more
than 30 days), or shall require medical attendance for the same period of time;
and
NOTE: The disjunctive “or” above means that it is either incapacity for work
for 10 days or more or the necessity of medical attendance for an equal period
which will make the crime of less serious physical injuries.
In the absence of proof as to the period of the offended party’s incapacity for
labor or required medical attendance, the offense committed is only slight
physical injuries. The phrase “shall require” refers to the period of actual
medical attendance.
2. Physical injuries must not be those described in the preceding articles. If a
wound required medical attendance for only 2 days, yet the injured was
prevented from attending to his ordinary labor for a period of twenty-nine
days, the physical injuries are denominated as less serious
20. SLIGHT PHYSICAL INJURIES AND MALTREATMENT ART. 266
1. Physical injuries which incapacitated the offended party for labor from 1 to
9 days, or required medical attendance during the same period;
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2. Physical injuries which did not prevent the offended party from engaging in
his habitual work or which did not require medical attendance; or
3. Ill-treatment of another by deed without causing any injury.
21. RAPE ARTS. 266-A, 266-B, 266-C AND 266-D AND RA 8353
1. The traditional concept under Art. 335 – carnal knowledge with a woman
against her will. The offended party is always a woman and the offender is
always a man.
2. Sexual assault – committed with an instrument or an object or use of the
penis with penetration of the mouth or anal orifice. The offended party or
offender can either be a man or a woman, that is, if the woman or a man uses
an instrument in the anal orifice of a male, she or he can be liable for rape.
Elements of rape by a man who shall have carnal knowledge of a woman
1. Offender is a man;
2. Offender had carnal knowledge of the woman; and
3. Such act is accomplished under any of the following circumstances: a.
Through force, threat or intimidation; b. When the offended party is deprived
of reason or is otherwise unconscious; c. By means of fraudulent machination
or grave abuse of authority; or d. When the offended party is under 12 years
of age or is demented, even though none of the above circumstances
mentioned above be present.
Elements of rape by sexual assault
1. Offender commits an act of sexual assault;
2. The act of sexual assault is committed by any of the following means: a.
By inserting his penis into another person’s mouth or anal orifice, or b. By
inserting any instrument or object into the genital or anal orifice of another
person
3. The act of sexual assault is accomplished under any of the following
circumstances: a. By using force or intimidation, or b. When the woman is
deprived of reason or otherwise unconscious, or c. By means of fraudulent
machination or grave abused of authority, or d. When the woman is under 12
years of age or demented.
Statutory rape
Sexual intercourse with a girl below 12 years old is statutory rape.
Elements of statutory rape
1. That the offender had carnal knowledge of the victim; and 2. That the victim
is below twelve (12) years old
I. Crimes against Personal Liberty and Security
1. KIDNAPPING AND SERIOUS ILLEGAL DETENTION ART. 267
Elements
1. Offender is a private individual who is not any of the parents of the victim;
2. He kidnaps or detains another, or in any other manner deprives the latter
of his liberty;
3. Act of detention or kidnapping must be illegal; and
4. In the commission of the offense, any of the following circumstances is
present:
a. Kidnapping or detention lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
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d. The person kidnapped or detained is a minor, female, or a public

officer.
2. SLIGHT ILLEGAL DETENTION ART. 268
Elements
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his
liberty;
3. Act of kidnapping or detention is illegal; and
4. Crime is committed without the attendance of any of the circumstances
enumerated in Art. 267
3. UNLAWFUL ARREST ART. 269
Elements
1. Offender arrests or detains another person; 2. Purpose of the offender is
to deliver him to the proper authorities; and 3. Arrest or detention is not
authorized by law or there is no reasonable ground therefor.
4. KIDNAPPING AND FAILURE TO RETURN A MINOR ART. 270
Elements
1. Offender is entrusted with the custody of a minor person; and 2. He
deliberately fails to restore the said minor to his parents or guardians.
5. INDUCING A MINOR TO ABANDON HIS HOME ART. 271
Elements
1. A minor is living in the home of his parents or guardian or the person
entrusted with his custody; and 2. Offender induces said minor to abandon
such home.
6. EXPLOITATION OF CHILD LABOR ART. 273
Elements
1. Offender retains a minor in his service; 2. It is against the will of the minor;
and 3. It is under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of such minor.
7. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT
ART. 274
Elements
1. Offender compels a debtor to work for him, either as household servant or
farm laborer; 2. It is against the debtor’s will; and 3. The purpose is to require
or enforce the payment of a debt.
8. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF
ONE’S OWN VICTIM ART. 275
Punishable acts
1. 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 not inhabited;
b. Accused found there a person wounded or in danger of dying;
c. Accused can render assistance without detriment to himself; and
d. Accused fails to render assistance.
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2. Failing to help or render assistance to another whom the offender has

accidentally wounded or injured. The character of the place is immaterial.
3. Failing to deliver a child under 7 years of age whom the offender has found
abandoned, to the authorities or to his family, or failing to take him to a safe
place. It is immaterial that the offender did not know that the child is under 7
years.
9. ABANDONING A MINOR ART. 276
Elements
1. Offender has the custody of the child; 2. Child is under 7 years of age; 3.
He abandons such child; and 4. He has no intent to kill the child when the
latter is abandoned.
10. ABANDONMENT OF MINOR BY A PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCE OF PARENTS ART. 277
Acts punished under Art. 277
1. 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; and
2. Neglecting one’s children by not giving them the education which their
station in life requires and financial condition permits.
Elements of the crime of abandonment of minor by one charged with the
rearing or education of said minor
1. Offender has charge of the rearing of education of a minor;
2. He delivers said minor to a public institution or other persons; and
3. 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. Only the person charged with
the rearing or education of the minor is liable.
Elements of the crime of indifference of parents
1. Offender is a parent;
2. He neglects his children by not giving them education; and
3. His station in life requires such education and his financial
condition permits it.
11. EXPLOITATION OF MINORS ART. 278
Punishable acts
1. Causing any boy or girl under 16 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 the 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 person engaged in any of said callings;
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 the said callings;
4. Delivering a child under 16 years of age gratuitously to any person if any
of the callings enumerated in paragraph 2, 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; and
5. Inducing any child under 16 years of age to abandon the home of its
ascendants, guardians, curators or teachers to follow any person entrusted in
any of the callings mentioned in par. 2 or to accompany any habitual vagrant
or beggar, the offender being any person.
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ADDITIONAL PENALTIES FOR OTHER OFFENSES ART.279

The offender is not only liable for the abandonment or exploitation but also for
all its consequences. If as a result, physical injuries or death resulted, another
crime is committed by authority of Art. 279.
12. QUALIFIED TRESPASS TO DWELLING ART. 280
Elements
1. Offender is a private person; 2. He enters the dwelling of another; and 3.
Such entrance is against the latter’s will.
13. OTHER FORMS OF TRESPASS TO DWELLING ART. 281
Elements
1. Offenders enter the closed premises or the fenced estate of another;
The term premises signifies distinct and definite locality. It may mean a room,
shop, building or definite area, but in either case, locality is fixed.
2. Entrance is made while either of them is uninhabited;
A place is said to be uninhabited if there is no one living on such place.
3. Prohibition to enter is manifest; and
4. Trespasser has not secured the permission of the owner or the caretaker
thereof.
14. GRAVE THREATS ART. 282
Punishable acts
1. 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;
2. By making such threat without the offender attaining his purpose; and
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.
Qualifying circumstance of the offense
If the threat is made in writing or through a middleman, the penalty is to be
imposed in its maximum period.
15. LIGHT THREATS ART.283
Elements
1. Offender makes a threat to commit a wrong; 2. The wrong does not
constitute a crime; 3. There is a demand for money or that other condition is
imposed, even though lawful; and 4. Offender has attained or has not attained
his purpose.
BONDS FOR GOOD BEHAVIOR ART. 284
The person making the threats under the preceding articles (grave and light
threats) may also be required by the court to give bail conditioned upon the
promise not to molest the person threatened or not to pursue the threats
he/she made. If the person making the threat failed to post a bond, such
person can be sentenced to the penalty of destierro.
16. OTHER LIGHT THREATS ART. 285
Punishable acts
1. Threatening another with a weapon, or by drawing such weapon in a
quarrel, unless it be in lawful self-defense. Here, the weapon must not be
discharged; 2. Orally threatening another, in the heat of anger, with some
harm constituting a crime, without persisting in the idea involved in his threat;
and 3. Orally threatening to do another any harm not constituting a felony.
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17. GRAVE COERCIONS ART. 286

Punishable acts
1. Preventing another, by means of violence, threat or intimidation, from doing
something not prohibited by law; and 2. Compelling another, by means of
violence, threat or intimidation, to do something against his will, whether it be
right or wrong.
Elements
1. A person prevented another from doing something not prohibited by law,
or that he compelled him to do something against his will, be it right or wrong;
2. Prevention or compulsion be effected by violence, threats or intimidation;
and The threat must be present, clear, imminent and actual. Such threat
cannot be made in writing or through a middle man. 3. Person that restrained
the will and liberty of another has no authority of law or the right to do so.
18. LIGHT COERCION ART. 287
Elements
1. Offender must be a creditor; 2. He seizes anything belonging to his debtor;
3. Seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation; and 4. Purpose of the offender is to
apply the same to the payment of the debt.
Unjust vexation is any act committed without violence but which unjustifiably
annoys or vexes an innocent person.
In determining whether the crime of unjust vexation is committed, the
offender’s act must have caused annoyance, irritation, vexation, torment,
distress or disturbance to the mind of the person to whom it is directed.
19. COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF
WAGES BY MEANS OF TOKENS ART. 288
Punishable acts and their elements
1. Forcing or compelling, directly or indirectly or knowingly permitting the act
of forcing or compelling of the laborer or employee of the offender to purchase
merchandise or commodities of any kind from him.
Elements:
a. Offender is any person, agent or officer of any association or corporation;
b. He or such firm or corporation has employed laborers or employees; and
c. 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 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. Offender pays the wages due a laborer or employee employed
by him by means of tokens or object; b. Those tokens or objects are other
than the legal currency of the Philippines; and c. Such employee or laborer
does not expressly request that he be paid by means of tokens or objects.
20. FORMATION, MAINTENANCE, AND PROHIBITION OR
COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR
THREATS ART. 289
Elements of the crime
1. Offender employs violence or threats, in a degree as to compel or force the
laborers or employees in the free legal exercise of their industry or work; and
2. Purpose is to organize, maintain or prevent coalitions of capital or labor,
strike of laborers or lockout of employers.
21. DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE ART. 290
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Elements
1. Offender is a private individual or even a public officer not in the exercise
of his official function; 2. He seizes the papers or letters of another; 3. Purpose
is to discover the secrets of such another person; and 4. Offender is informed
of the contents of the papers or letters seized.
22. REVEALING SECRETS WITH ABUSE OF OFFICE ART. 291
Elements
1. Offender is a manager, employee or servant; 2. He learns the secrets of
his principal or master in such capacity; and 3. He reveals such secrets.
23. REVELATION OF INDUSTRIAL SECRETS ART. 292
Elements
1. Offender is a person in charge, employee or workman of a manufacturing
or industrial establishment; 2. Manufacturing or industrial establishment has
a secret of the industry which the offender has learned; 3. Offender reveals
such secrets; and
J. Crimes against Property
1. ROBBERY ART. 293
Classification of robbery
1. Robbery with violence against, or intimidation of persons (Arts. 294, 297,
and 298)
Punishable acts under Art. 294
1. When by reason or on occasion of the robbery the crime of homicide is
committed
2. When the robbery is accompanied by:
a. Rape
b. Intentional mutilation
c. Arson
3. When by reason or on the occasion of such robbery, any of the physical
injuries resulting in:
a. Insanity
b. Imbecility
c. Impotency
d. Blindness is inflicted
4. When by reason or on the occasion of robbery, any of the physical injuries
resulting in the:
a. Loss of the use of speech
b. Loss of the power to hear or to smell
c. Loss of an eye, a hand, a foot, an arm or a leg
d. Loss of the use of any of such member
e. Incapacity for the work in which the injured person is theretofore
habitually engaged is inflicted
5. 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.
6. When in the course of its execution, the offender shall have inflicted upon
any person not responsible for the commission of the robbery any of the
physical injuries in consequence of which the person injured:
a. Becomes deformed
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b. Loses any other member of his body

c. Loses the use thereof
d. Becomes ill or incapacitated for the performance of the work in
which he is habitually engaged for more than 90 days
e. Becomes ill or incapacitated for labor for more than 30 days
7. 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.
2. Robbery by the use of force upon things (Arts. 299 and 302).
Elements of robbery in general
1. There is personal property belonging to another; 2. There is unlawful taking
of that property; 3. Taking must be with intent to gain; and 4. There is violence
against or intimidation of any person or force upon things.
2. ROBBERY WITH HOMICIDE
Elements
1. The taking of personal property with violence or intimidation against
persons; 2. The property taken belongs to another; 3. The taking was done
with animo lucrandi; and 4. On the occasion of the robbery or by reason
thereof, homicide was committed
3. ROBBERY WITH RAPE
Elements
1. The taking of personal property is committed with violence or intimidation
against persons; 2. The property taken belongs to another; 3. The taking is
characterized by intent to gain or animus lucrandi; and 4. The robbery is
accompanied by rape
4. ROBBERY WITH PHYSICAL INJURIES
To be considered as such, the physical injuries must always be serious. If the
physical injuries are only less serious or slight, they are absorbed in the
robbery. The crime becomes merely robbery. But if the less serious physical
injuries were committed after the robbery was already consummated, there
would be a separate charge for the less serious physical injuries. It will only
be absorbed in the robbery if it was inflicted in the course of the execution of
the robbery. The same is true in the case of slight physical injuries.
5. ROBBERY WITH ARSON (RA 7659)
The composite crime would only be committed if the primordial intent of the
offender is to commit robbery and there is no killing, rape, or intentional
mutilation committed by the offender during the robbery. Otherwise, the crime
would be robbery with homicide, or robbery with rape, or robbery with
intentional mutilation, in that order and the arson would only be an
aggravating circumstance.
6. OTHER CASES OF SIMPLE ROBBERY
Any kind of robbery with less serious physical injuries or slight physical
injuries falls under this specie of robbery.
7. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF
FIREARM ON A STREET, ROAD OR ALLEY ART. 295
Qualifying circumstances If committed:
1. In an uninhabited place; 2. By a band; 3. By attacking a moving train, street
car, motor vehicle, or airship; 4. By entering the passengers’ compartments
in a train, or in any manner taking the passengers thereof by surprise in the
respective conveyances; or 5. On a street, road, highway, or alley, and the
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intimidation is made with the use of firearms, the offender shall be punished
by the maximum periods of the proper penalties prescribed in Art. 294.
Does not apply in cases of Robbery with homicide, robbery with intentional
mutilation, robbery with rape and robbery with serious physical injuries
resulting in insanity, imbecility, impotency or blindness. The law omitted the
above stated cases.
ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER
CERTAIN CIRCUMSTANCES ART. 297
It applies when homicide is committed on the occasion of an attempted or
frustrated robbery. The term homicide is used in a generic sense. It includes
murder, parricide and infanticide. The clause “unless the homicide committed
shall deserve a higher penalty under the provisions of this code” may be
illustrated thus: In an attempted or frustrated robbery, the killing of the victim
is qualified by treachery or relationship. The proper penalty for murder or
parricide shall be imposed because it is more severe.
8. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
ART. 298
Elements
1. Offender has intent to defraud another; 2. Offender compels him to sign,
execute, or deliver any public instrument or document; and 3. Compulsion is
by means of violence or intimidation.
9. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP ART. 299
Elements of the 1st kind of robbery with force upon things under Art. 299
1. Offender entered an inhabited house, or public building, or edifice devoted
to religious worship;
2. Entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof, or floor or breaking any door or
window;
c. By using false keys, picklocks or similar tools, or
d. By using any fictitious name or pretending the exercise of public
authority. The whole body of culprit must be inside the building to constitute
entering.
3. Once inside the building, the offender took personal property belonging to
another with intent to gain.
Elements of the 2nd kind of robbery with force upon things under Art. 299
1. Offender is inside a dwelling house, public building or edifice devoted to
religious worship, regardless of circumstances under which he entered it; and
2. Offender takes personal property belonging to another, with intent to gain,
under any of the following circumstances:
a. By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle, or door. Door refers only to “doors,
lids or opening sheets” of furniture or other portable receptacles, not to inside
doors of house or building.
b. By taking such furniture or objects away to be broken or forced
open outside the place of the robbery.
NOTE: The crime committed would be estafa or theft, if the locked or sealed
receptacle is forced open in the building where it is kept and not taken away
to be broken outside.
10. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING
ART. 302
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Elements
1. 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. Any of the following circumstances was present:
a. Entrance was effected through an opening not intended for
entrance or egress
NOTE: If the entrance was made through the door which was open, or closed
but unlocked, and not through the window, the person who took personal
property from the house with intent to gain is guilty only of theft and not
robbery. Where an opening created by the accidental bumping of a vehicle in
the store’s wall was made the entrance of the malefactor, the taking of the
personal property inside the store is robbery and not theft because the hole
is not intended for entrance or egress.
b. Wall, roof, floor, or outside door or window was broken
Like Robbery in an inhabited house, the breaking should be made in order to
effect the entrance into the place. So if the wall, roof, floor etc. was broken in
the course of escaping, the act committed is not Robbery.
c. Entrance was effected through the use of false keys, picklocks or
other similar tools
d. Door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken
e. Closed or sealed receptacle was removed, even if the same be
broken open elsewhere Under letters d and e, the robber did not enter through
a window or effected entrance by breaking the floor, door, wall, etc., otherwise
these circumstances by themselves already make the act as that of robbery.
In these 2 cases, the robbers entered through the door, and once inside,
broke wardrobe, sealed or close receptacles etc., or took away closed or
sealed receptacle to be broken elsewhere.
3. With intent to gain, the offender took therefrom personal property belonging
to another.
11. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING ART. 303
This applies when the robbery was committed by the use of force upon things,
without violence against or intimidation of any person in an inhabited house,
public building, or edifice devoted to religious worship (Art. 299) or in an
uninhabited place or private building (Art. 302).
12. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ART. 304
Elements
1. Offender has in his possession picklocks or similar tools; 2. Such picklocks
or similar tools are specially adopted to the commission of robbery; and 3.
Offender does not have lawful cause for such possession.
13. FALSE KEYS ART. 305
False keys
1. Picklocks or similar tools 2. Genuine keys stolen from the owner 3. Any key
other than those intended by the owner for use in the lock forcibly opened by
the offender.
14. BRIGANDAGE ART. 306
Requisites
1. There be at least 4 armed malefactors 2. They formed a band of robbers
3. The purpose is any of the following: a. To commit robbery in the highway
b. To kidnap persons for the purpose of extortion or to obtain ransom c. To
attain by means of force and violence any other purpose
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PD 532- HIGHWAY ROBBERY BRIGANDAGE IN RPC

Crime must be committed. Mere formation of band is
punishable.
One malefactor will suffice. At least 4 armed malefactors.
Highway robbery or brigandage is the seizure for ransom, extortion or other

unlawful purposes or the taking away of property of another by means of
violence against or other unlawful means, committed by any person on any
Philippine Highway
15. AIDING AND ABETTING A BAND OF BRIGANDS ART. 307
Elements
1. There is a band of brigands; 2. Offender knows the band to be of brigands;
and 3. Offender does any of the following acts: a. He in any manner aids,
abets or protects such band of brigands; b. He gives them information of the
movements of the police or other peace officers of the government; or c. He
acquires or receives the property taken by such brigands.
16. THEFT ART. 308
Persons liable
1. Those who, with intent to gain, but without violence against or intimidation
of persons nor force upon things, take personal property of another without
the latter’s consent; 2. Those who having found lost property, fail to deliver
the same to the local authorities or to its owner; 3. Those who after having
maliciously damaged the property of another, remove or make use of the fruits
or object of the damage caused by them; 4. Those who enter an enclosed
estate or a field where trespass is forbidden or which belongs to another and,
without the consent of its owner, hunt or fish upon the same or gather fruits,
cereals or other forest or farm products.
Elements
1. There is taking of personal property; 2. Property taken belongs to another;
3. Taking was done with intent to gain; 4. Taking was done without the
consent of the owner; and 5. Taking is accomplished without the use of
violence against or intimidation of persons of force upon things
17. QUALIFIED THEFT ART. 310
Qualified Theft
1. If theft is committed by a domestic servant;
2. If the theft is committed with grave abuse of confidence;
NOTE: If the offense is to be qualified by abuse of confidence, the abuse must
be grave, like an accused who was offered food and allowed to sleep in the
house of the complainant out of the latter’s pity and charity, but stole the
latter’s money in his house when he left the place.
3. If the property stolen is a motor vehicle, mail matter or large cattle;
4. If the property stolen consist of coconuts taken from the premises of a
plantation;
5. If the property stolen is fish taken from a fishpond or fishery; or
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.
Theft of property of National Library and National Museum has a fixed penalty
regardless of its value, but if the crime is committed with grave abuse of
confidence, the penalty for qualified theft shall be imposed.
18. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY ART. 312
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Punishable acts
1. Taking possession of any real property belonging to another; and 2.
Usurping any real rights in property belonging to another.
Elements of occupation of real property or usurpation of real rights in property
1. Offender takes possession of any real property or usurps any real rights in
property; 2. Real property or real rights belongs to another; 3. Violence
against or intimidation of persons is used by the offender in occupying real
property or usurping real rights in property; and 4. There is intent to gain.
19. ALTERING BOUNDARIES OR LANDMARKS ART. 313
Elements
1. There are boundary marks or monuments of towns, provinces, or estates,
or any other marks intended to designate the boundaries of the same; and 2.
Offender alters said boundary marks.
20. CULPABLE INSOLVENCY FRAUDULENT INSOLVENCY ART. 314
Elements
1. Offender is a debtor, that is, he has obligations due and payable; 2. He
absconds with his property; and 3. There be prejudice to his creditors
22. SWINDLING (ESTAFA) ART. 315
Elements in general
1. Accused defrauded another by abuse of confidence or by means of deceit
– This covers the three different ways of committing estafa under Art. 315,
thus:
a. With unfaithfulness or abuse of confidence;
b. By means of false pretenses or fraudulent acts; or
c. Through fraudulent means
2. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.
Illustration: When the accused deceived the complainants into believing that
there were indeed jobs waiting for them in Taiwan, and the latter sold their
carabaos, mortgaged or sold their parcels of land and even contracted loans
to raise the P40,000.00 placement fee required of them by the accused, the
assurances given by the latter made the complainants part with whatever
resources they had, clearly establishing deceit and damage which constitute
the elements of estafa under PD 115 (Trust Receipts Law): a. The failure of
the entrustee to turn over the proceeds of the sale of the goods, documents,
or instruments covered by a trust receipt, to the extent of the amount owing
to the entruster, or as appearing in the trust receipt; or b. The failure to return
said goods, documents, or instruments if they were not sold or disposed of in
accordance with the terms of the trust receipt
Elements of estafa with unfaithfulness or abuse of confidence under
Art. 315 (1)
1. Under paragraph (a): a. Offender has an onerous obligation to deliver
something of value; b. He alters its substance, quantity, or quality; and c.
Damage or prejudice is caused to another.
2. Under paragraph (b): a. Money, goods, or other personal property is
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; b. There is misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt; c. Such
misappropriation or conversion or denial is to the prejudice of another; and d.
There is a demand made by the offended party to the offender
3. Under paragraph (c): a. The paper with the signature of the offended party
is in blank; b. Offended party delivered it to the offender; c. Above the
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signature of the offended party, a document is written by the offender without

authority to do so; and d. 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 false pretenses or fraudulent acts under
Article 315 (2)
1. Under paragraph (a) – a. Using fictitious name; b. Falsely pretending to
possess power, influence, qualifications, property, credit, agency, business
or imaginary transactions; or c. By means of other similar deceits.
2. Under paragraph (b) – Altering the quality, fineness, or weight of anything
pertaining to his art or business.
3. Under paragraph (c) – 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.
4. Under paragraph (d) – postdating a check or issuing a check in payment of
an obligation.
1. The postdating or issuance of a check in payment of an obligation
contracted at the time the check was issued; 2. Lack of sufficiency of funds to
cover the check; and 3. Damage to the payee
5. Under paragraph (e) – a. By obtaining food, refreshment or accommodation
at a hotel, inn, restaurant, boarding house, lodging house or apartment house
without paying therefor, with intent to defraud the proprietor or the manager
thereof; b. By obtaining credit at any of said establishments by the use of any
false pretense; or c. By abandoning or surreptitiously removing any part of his
baggage from any of said establishments after obtaining credit, food,
refreshment or accommodation therein, without paying therefor.
Elements of Estafa through fraudulent means under Article 315 (3)
1. Under paragraph (a) – a. Offender induced the offended party to sign a
document. b. Deceit was employed to make him sign the document c.
Offended party personally signed the document. d. Prejudice was caused.
2. Under paragraph (b) – Resorting to some fraudulent practice to insure
success in a gambling game;
3. Under paragraph (c) – a. Offender removed, concealed or destroyed. b.
Any court record, office files, documents or any other papers. c. With intent to
defraud another.
23. OTHER FORMS OF SWINDLING ART. 316
1. Conveying, selling, encumbering, or mortgaging any real property,
pretending to be the owner of the same.
Elements:
a. Thing be immovable; b. Offender who is not the owner of said property
should represent that he is the owner thereof; c. Offender should have
executed an act of ownership (selling, leasing, encumbering or mortgaging
the real property); and d. Act is made to the prejudice of the owner or of a
third person.
There must be existing real property in order to be liable under this Article. If
the real property is inexistent, the offender will be liable for estafa under par.
2(a).
2. Disposing real property knowing it to be encumbered even if the
encumbrance be not recorded.
Elements:
a. That the thing disposed of is real property; If the thing encumbered is a
personal property, it is Art. 319 (selling or pledging personal property) which
governs and not this Article. b. Offender knew that the real property was
encumbered, whether the encumbrance is recorded or not; Encumbrance
includes every right or interest in the land which exists in favor of third persons
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c. There must be express representation by the offender that the real property
is free from encumbrance; and d. Act of disposing of the real property be
made to the damage of another.
If the loan had already been granted before the property was offered as a
security, Art. 316 (2) is not violated.
3. Wrongful taking of personal property from its lawful possessor to the
prejudice of the latter or a third person;
Elements:
a. Offender is the owner of personal property; b. Said personal property is in
the lawful possession of another; c. Offender wrongfully takes it from its lawful
possessor; and d. Prejudice is thereby caused to the possessor or third
person.
4. Executing any fictitious contract to the prejudice of another.
5. Accepting any compensation given to him under the belief that it was in
payment of services or labor when he did not actually perform such services
or labor.
6. Selling, mortgaging or in any manner encumbering real property while
being a surety in bond without express authority from the court or before being
relieved from the obligation.
Elements:
a. Offender is a surety in a bond given in a criminal or civil action; b. He
guaranteed the fulfillment of such obligation with his real property or
properties; c. He sells, mortgages, or, in any other manner encumbers said
real property; and d. Such sale, mortgage or encumbrance is without express
authority from the court, or made before the cancellation of his bond, or before
being relieved from the obligation contracted by him.
24. SWINDLING A MINOR ART. 317
Elements
1. Offender takes advantage of the inexperience or emotions or feelings of a
minor;
2. He induces such minor to assume an obligation, or to give release, or to
execute a transfer of any property right;
NOTE: Real property is not included because it cannot be made to disappear,
since a minor cannot convey real property without judicial authority.
3. Consideration is some loan of money, credit or other personal property;
and
4. Transaction is to the detriment of such minor
25. OTHER DECEITS ART. 318
1. Defrauding or damaging another by any other deceit not mentioned in the
preceding articles; and
2. Interpreting dreams, making forecasts, telling fortunes, or taking advantage
of the credulity of the public in any other similar manner, for profit or gain.
26. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY ART.
319
Punishable acts
1. Knowingly removing any personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the one in which it was
located at the time of execution of the mortgage, without the written consent
of the mortgagee or his executors, administrators or assigns.
Elements:
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a. Personal property is mortgaged under the Chattel Mortgage Law; b.

Offender knows that such property is so mortgaged; c. Offender 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; d.
Removal is permanent; and e. There is no written consent of the mortgagee
or his executors, administrators or assigns to such removal.
2. 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.
Elements:
a. Personal property is already pledged under the terms of the Chattel
Mortgage Law; b. Offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof; and c. There is no 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.
27. DESTRUCTIVE ARSON ART. 320, AS AMENDED BY RA 7659
1. Any person who shall burn:
a. One or more buildings or edifices, consequent to one single act
of burning, or as a result of simultaneous burnings, or committed on several
or different occasions;
b. 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 conveyance 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;
c. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use, entertainment or
leisure;
d. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public utilities; or
e. 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
2. Two or more persons or by a group of 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 law.
3. Any person who shall burn:
a. Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance, storehouse, archives or general museum of the
Government.
b. In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
28. MALICIOUS MISCHIEF ART. 327
Elements
1. Offender deliberately caused damage to the property of another; 2. Such
act does not constitute arson or other crimes involving destruction; and 3. Act
of damaging another’s property be committed merely for the sake of
damaging it.
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29. SPECIAL CASES OF MALICIOUS MISCHIEF OR QUALIFIED

MALICIOUS MISCHIEF ART. 328
Punishable acts under this article
1. Causing damage to obstruct the performance of public functions; 2. Using
any poisonous or corrosive substance; 3. Spreading any infections among
cattle; and 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.
30. OTHER MISCHIEFS ART. 329
Inclusion in this Article = Mischiefs not included in Art. 328.
Basis of penalty under this Article = The value of the damage caused
31. DAMAGE OR OBSTRUCTION TO MEANS OF COMMUNICATION ART.
330 - It is committed by damaging any railway, telegraph or telephone lines.
This crime would be qualified if the damage results in any derailment of cars,
collision, or other accident.
32. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR
PAINTINGS ART. 331
Persons liable for this crime
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.
PERSONS EXEMPT FROM CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY ART. 332 - 1. Spouses, ascendants and descendants, or
relatives by affinity in the same line; 2. The widowed spouse with respect to
the property which belonged to the deceased spouse before the same passed
into the possession of another; and 3. Brothers and sisters and brothers-in-
law and sisters-in-law, if living together
Crimes Applicable: 1. Theft; 2. Swindling (estafa); and 3. Malicious mischief
K. Crimes against Chastity
1. ADULTERY ART. 333
Elements
1. To convict a woman for adultery, it is necessary: a. That she is a married
woman; and b. That she unites in sexual intercourse with a man not her
husband.
2. To convict a man for adultery, it is necessary: a. That he had actual
intercourse with a married woman; and b. That he commits the act with the
knowledge that said woman is married.
2. CONCUBINAGE ART. 334
Punishable acts under concubinage
1. Keeping a mistress in the conjugal dwelling. 2. Having sexual intercourse,
under scandalous circumstances, with a woman who is not his wife. 3.
Cohabiting with her in any other place
Elements
1. Man must be married;
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse, under scandalous circumstances,
with a woman who is not his wife; or
c. Cohabiting with her in any other place.
3. As regards the woman, she must know him to be married
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3. ACTS OF LASCIVIOUSNESS ART. 336

Elements
1. Offender commits any act of lasciviousness or lewdness;
2. Act of lasciviousness is committed against a person of either sex; and
3. 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;
or
d. When the offended party is under 12 years of age or is demented.
4. QUALIFIED SEDUCTION ART. 337
1. Seduction of a virgin over 12 years and under 18 years of age by certain
persons, such as, a person in authority, priest, house servant, domestic,
guardian, teacher, or any person who, in any capacity shall be entrusted with
the education or custody of the woman seduced;
Elements:
a. Offended party is a virgin which is presumed if she is unmarried
and of good reputation;
b. She is over 12 and under 18 years of age;
c. Offender has sexual intercourse with her; and
d. There is abuse of authority, confidence or relationship on the part
of the offender.
2. Seduction of a sister by her brother, or descendant by her ascendant,
regardless of her age or reputation. In this case, it is not necessary that the
offended party is still a virgin.
NOTE: Virginity is not to be understood in so a material sense as to exclude
the idea of abduction of a virtuous woman of a good reputation. Thus, when
the accused claims he had prior sexual intercourse with the complainant, the
latter is still to be considered a virgin. But if it was established that the girl had
carnal relations with other men, there can be no crime of seduction as she is
not a virgin.
5. SIMPLE SEDUCTION ART. 338
Elements
1. Offended party is over 12 and under 18 years of age; 2. She must be of
good reputation, single or widow; 3. Offender has sexual intercourse with her;
and 4. It is committed by means of deceit.
6. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY ART. 339
Elements
1. Offender commits acts of lasciviousness or lewdness; 2. Acts are
committed upon a woman who is virgin or single or widow of good reputation,
under 18 years of age but over 12 years, or a sister or descendant regardless
of her reputation or age; and 3. Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit.
7. CORRUPTION OF MINORS ART. 340, AS AMENDED BY B.P. 92
Any person who shall promote or facilitate the prostitution or corruption of
persons underage to satisfy the lust of another.
8. WHITE SLAVE TRADE ART. 341, AS AMENDED BY B.P. 186
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1. Engaging in the business of prostitution; 2. Profiting by prostitution; and 3.

Enlisting the service of any other for the purpose of prostitution
9. FORCIBLE ABDUCTION ART. 342
Elements
1. Person abducted is any woman, regardless of her age, civil status, or
reputation;
2. Abduction is against her will; and
If the female is below 12 years of age, there need not be any force or
intimidation to constitute Forcible Abduction. In fact, the abduction may be
with her consent and the reason is because she has no will of her own, and
therefore is incapable of giving consent.
3. Abduction is with lewd designs
Where lewd design was not proved or shown, and the victim was deprived of
her liberty, the crime is kidnapping with serious illegal detention under Art.
267.
Crimes against chastity where age and reputation of the victim are
immaterial
1. Rape 2. Acts of lasciviousness against the will or without the consent of the
offended party 3. Qualified seduction of a sister or descendant 4. Forcible
abduction
10. CONSENTED ABDUCTION ART. 343
Elements
1. Offended party must be a virgin; The virginity mentioned in this Article
should not be understood in its material sense and does not exclude the idea
of abduction of a virtuous woman of good reputation because the essence of
the offense is not the wrong done to the woman but the outrage to the family
and the alarm produced in it by the disappearance of one of its members.
2. She must be over 12 and under 18 years of age;
3. Taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender; and
4. Taking away of the offended party must be with lewd designs.
L. Crimes against the Civil Status of Persons
1. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR
ANOTHER AND CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD ART. 347
Punishable acts under this Article
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.
Elements of the third way of committing the crime (concealing or abandoning
any legitimate child with intent to cause such child to lose its civil status) 1.
The child must be legitimate; 2. The offender conceals or abandons such
child; and The offender has the intent to cause the child to lose its civil status
2. USURPATION OF CIVIL STATUS ART. 348
It is committed when a person represents himself to be another and assumes
the filiation or the parental or conjugal rights of such another person.
There must be intent to enjoy the rights arising from the civil status of another.
3. BIGAMY ART. 349 - Bigamy is NOT a private crime
Elements
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1. That the offender has been legally married; 2. That the marriage has not
been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code; 3. That
he contracts second or subsequent marriage; and 4. That the second or
subsequent marriage has all the essential requisites for validity, except for
the existence of the first marriage
4. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS ART.
350
Elements
1. Offender contracted marriage; 2. He knew at the time that the: a.
Requirements of the law were not complied with; or b. Marriage was in
disregard of a legal impediment. 3. The act of the offender does not constitute
bigamy
5. PREMATURE MARRIAGES ART. 351 -R.A No. 10655 decriminalized the
act of premature marriage
6. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY ART. 352
Art. 352 punishes priests or ministers of any religious denomination or sect,
or civil authorities who shall perform or authorize any illegal marriage
ceremony.
M. Crimes against Honor (include Administrative Circular 082008 Re: Guidelines
in the Observance of a Rule of Preference in the Imposition of Penalties in
Libel Cases, January 25, 2008)
1. LIBEL ART. 353
Elements
1. There must be an imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance;
2. Imputation must be made publicly;
3. It must be malicious;
4. It must be directed at a natural or juridical person, or one who is dead; and
5. It must tend to cause the dishonor, discredit or contempt of the person
defamed.
It is not necessary that the libelous article must be published; communication

of the defamatory matter to some third persons is sufficient.
It is not required that the person defamed has read or heard about the libelous
remark. What is material is that a third person has read or heard the libelous
statement - for a man’s reputation is the estimate in which others hold him,
not the good opinion which he has of himself.
Malice is not presumed in the following:
1. Private communication made by any person to another in the performance

of any legal, moral or social, duty.
Requisites: a. 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; b. Communication is addressed to an officer, or a board, or superior,
having some interest or duty in the matter; and c. Statements in the
communication are made in good faith without malice (in fact).
2. Fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative, or other official proceedings which are not of
confidential nature, or of any statement, report, or speech delivered in the
exercise of their functions.
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Requisites: a. That it is a fair and true report of a judicial, legislative or other

official 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; b. That it is made in good
faith; and c. That it is without any comments or remarks.
Libel may be committed by: 1. Writing; 2. Printing; 3. Lithography; 4.

Engraving; 5. Radio; 6. Phonograph; 7. Painting; 8. Theatrical exhibition; 9.
Cinematographic exhibition; or 10. Any similar means.
Persons liable for libel
1. Person who publishes, exhibits or causes the publication or exhibition of

any defamation in writing or similar means; 2. Author or editor of a book or
pamphlet; 3. Editor or business manager of a daily newspaper magazine or
serial publication; or 4. 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.
Where to file a complaint for libel
Criminal and civil actions for damages in case of written defamations shall be
filed simultaneously or separately with the court of first instance of the
province or city: 1. Where the libelous article is printed and first published; or
2. Where any of the offended parties actually resides at the time of the
commission of the offense.
2. THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH

PUBLICATION FOR A COMPENSATION ART. 356
Punishable acts under this Article

1. Threatening another to publish a libel concerning him, or his parents,
spouse, child, or other members of his family; and 2. Offering to prevent the
publication of such libel for compensation, or money consideration.
Blackmail - Any unlawful extortion of money by threats of accusation or

exposure
3. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE

COURSE OF OFFICIAL PROCEEDINGS ART. 357
Elements
1. That the offender is a reporter, editor or manager of a newspaper daily or
magazine; 2. That he publishes facts connected with the private life of
another; and 3. That such facts are offensive to the honor, virtue and
reputation of said person.
Gag Law
Newspaper reports on cases pertaining to adultery, divorce, issues about the

legitimacy of children, etc., will necessarily be barred from publication.
Under R.A No. 1477, a newspaper reporter cannot be compelled to reveal the
source of the news report he made, unless the court or a House or committee
of Congress finds that such revelation is demanded by the security of the
state
4. SLANDER ART. 358 – ORAL DEFAMATION
Elements
1. There must be an imputation of a crime, or a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstances; 2.
Imputation must be made publicly; 3. The imputation must be malicious; 4.
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The imputation must be directed at a natural or juridical person, or one who

is dead; and 5. The imputation must tend to cause dishonor, discredit or
contempt of the person defamed
5. SLANDER BY DEED ART. 359
Elements
1. Offender performs any act not included in any other crime against honor;
2. Such act is performed in the presence of other person or persons; and 3.
Such act casts dishonor, discredit or contempt upon the offended party
ADMINISTRATIVE CIRCULAR 08-2008 RE: GUIDELINES IN THE

OBSERVANCE OF A RULE OF PREFERENCE IN THE IMPOSITION OF
PENALTIES IN LIBEL CASES PREFERENCE OF IMPOSITION OF FINE
NOTE: Art. 355 of the RPC penalizes libel with prision correctional in its
minimum and medium periods or fine ranging from 200 to 6,000 pesos, or
both, in addition to the civil action which may be brought by the offended party.
In the following cases, the Court opted to impose only a fine on the person
convicted of the crime of libel:
In Sazon v. CA (G.R No. 120715, March 29, 1996), the Court modified the
penalty imposed upon petitioner, an officer of a homeowners’ association, for
the crime of libel from imprisonment and fine in the amount of P200.00, to fine
only of P3,000.00, with subsidiary imprisonment in case of insolvency, for the
reason that he wrote the libelous article merely to defend his honor against
the malicious messages that earlier circulated around the subdivision, which
he thought was the handiwork of the private complainant.
In Mari v. CA (G.R No. 127694, May 31, 2000), where the crime involved is
slander by deed, the Court modified the penalty imposed on the petitioner, an
ordinary government employee, from imprisonment to fine of P1,000.00, with
subsidiary imprisonment in case of insolvency, on the ground that the latter
committed the offense in the heat of anger and in reaction to a perceived
provocation.
In Brillante v. CA (G.R. Nos. 118757 & 12157, November 11, 2005), the Court
deleted the penalty of imprisonment imposed upon petitioner, a local
politician, but maintained the penalty of fine of P4,0000.00, with subsidiary
imprisonment in case of insolvency, in each of the (5) cases of libel, on the
ground that the intensely feverish passions evoked during the election period
in 1988 must have agitated petitioner into writing his open letter; and that
incomplete privileged communication should be appreciated in favor of
petitioner, especially considering the wide latitude traditionally given to
defamatory utterances against public officials in connection with or relevant
to their performance of official duties or against public figures in relation to
matters of public interest involving them.
In Buatis, Jr. v. People (G.R No. 142509, March 24, 2006),the Court opted to
impose upon petitioner, a lawyer, the penalty of fine only for the crime of libel
considering that it was his first offense and he was motivated purely by his
belief that he was merely exercising a civic or moral duty to his client when
wrote the defamatory letter to private complainant
6. INCRIMINATING INNOCENT PERSON ART. 363
Elements
1. Offender performs an act; 2. By such act he directly incriminates or imputes
to an innocent person the commission of a crime; and 3. Such act does not
constitute perjury
7. INTRIGUING AGAINST HONOR ART. 364
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Intriguing against honor - Any scheme or plot which may consists of some
trickery.
Persons liable - Any person who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation of another person
III. QUASI-OFFENSES
A. Article 365, RPC – Criminal Negligence
IMPRUDENCE AND NEGLIGENCE ART. 365
Punishable acts
1. Committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light felony;
2. Committing through simple imprudence or negligence an act which
would otherwise constitute a grave or a less serious felony;
3. Causing damage to the property of another through reckless imprudence
or simple imprudence or negligence; and
4. Causing through simple imprudence or negligence some wrong which, if
done maliciously, would have constituted a light felony.
Elements of reckless imprudence
1. Offender does or fails to do an act;
2. The doing of or the failure to do that act is voluntary;
3. It be without malice;
4. Material damage results; and
5. There is an inexcusable lack of precaution on the part of the person
performing or failing to perform such act taken into consideration: a. Employment
or occupation b. Degree of intelligence c. Physical condition d. Other
circumstances regarding persons, time and place
Elements of simple imprudence
1. There is lack of precaution on the part of the offender; and
2. Damage impending to be caused is not immediate nor the danger clearly
manifested.
Doctrine of last clear chance
The last clear chance doctrine states that the contributory negligence of the party
injured will not defeat the action if it be shown that the accused might, by the
exercise of reasonable care and prudence, have avoided the consequences of the
negligence of the injured party.
Emergency rule
The emergency rule provides that an automobile driver who, by the negligence of
another and not by his own negligence, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is not guilty of negligence if
he makes such a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest choice.
Doctrine of res ipsa loquitur
It means that the thing speaks for itself. Where the thing which causes injury is
shown to be under the management of the defendant, and the accident is such as
in the ordinary course of things does not happen if those who have the
management use proper care, it affords reasonable evidence, in the absence of
an explanation by the defendant, that the accident arose from want of care.
Elements
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1. The accident was of a kind which does not ordinarily occur unless someone is
negligent; 2. The instrumentality or agency which caused the injury was under the
exclusive control of the person in charge; and 3. The injury suffered must not have
been due to any voluntary action or contribution of the person injured.
IV. SPECIAL LAWS

A. Anti-Arson Law (P.D. No. 1613)
Punishable acts under PD 1613
1. Burning or setting fire to the property of another; and 2. Setting fire to his
own property under circumstances which expose to danger the life or property
of another (Sec. 1).
Simple arson
When the property burned is:
1. Any building used as offices of the government or any of its
agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; or
6. Any railway or bus station, airport, wharf or warehouse (Sec. 3).
Aggravating circumstance under PD 1613
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned.
4. If committed by a syndicate.
B. Anti-Carnapping Law (R.A. No. 6539, as amended by R.A. Nos. 7659 and
10883)
Carnapping is the taking, with intent to gain, of a motor vehicle belonging to
another without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things.
Punishable Acts:
1. Carnapping
2. Concealment of Carnapping
3. Defacing or Tampering with Serial Numbers of Motor Vehicle
Engines, Engine Blocks and Chassis
4. Identity Transfer
5. Transfer of Vehicle Plate
6. Sale of Second Hand Spare Parts
Elements of carnapping
1. That there is an actual taking of the vehicle; 2. That the vehicle belongs to
a person other than the offender himself; 3. That the taking is without the
consent of the owner thereof; or that the taking was committed by means of
violence against or intimidation of persons, or by using force upon things; and
4. That the offender intends to gain from the taking of the vehicle
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C. Anti-Child Abuse Law (R.A. No. 7610, as amended)

Child abuse refers to the maltreatment, whether habitual or not, of the child
which includes any of the following: 1. Psychological and physical abuse,
neglect, cruelty, sexual abuse and emotional maltreatment; 2. Any act by
deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being; 3. Unreasonable deprivation of his basic
needs for survival, such as food and shelter; or 4. Failure to immediately give
medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death
D. Anti-Child Pornography Law (R.A. No. 9775)
Punishable Acts:
1. To hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of child pornography;
2. To produce, direct, manufacture or create any form of child pornography
and child pornography materials;
3. To sell, offer, advertise and promote child pornography and child
pornography materials;
4. To possess, download, purchase, reproduce or make available child
pornography materials with the intent of selling or distributing them;
5. To publish, post, exhibit, disseminate, distribute, transmit or broadcast child
pornography or child pornography materials;
6. To knowingly possess, view, download, purchase or in any way take steps
to procure, obtain or access for personal use child pornography materials;
and
7. To attempt to commit child pornography by luring or grooming a child
E. Anti-Fencing Law (P.D. No. 1612)
Fencing is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any other manner deal in 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 the crime of robbery or theft.
Elements
1. A robbery or theft has been committed
2. The accused, who took no part in the robbery or theft, “buys, receives,
possesses, keeps, acquires, conceals, sells or disposes, or buys and sells,
or in any manner deals in any article or object taken” during that robbery or
theft;
3. The accused knows or should have known that the thing is derived from
that crime; and
4. He intends by the deal he makes to gain for himself or for another
F. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)
Punishable Acts:
(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
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part, wherein the public officer in his official capacity has to intervene
under the law.
Elements:
a. The offender is a public officer; b. He requested and/or received, directly
or indirectly, a gift, present or consideration; c. The gift, present or
consideration was for the benefit of the said public officer or for any other
person; d. It was requested and/or received in connection with a contract or
transaction with the Government; and e. The public officer has the right to
intervene in such contract or transaction in his official capacity
(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.
Elements:
a. The public officer accepted, or having any of his family member accept any
employment in a private enterprise; b. Such private enterprise has a pending
official business with the public officer; and c. It was accepted during: i. The
pendency thereof; or ii. Within 1 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.
Elements:
a. The accused must be a public officer discharging administrative, judicial or
official functions; b. He must have acted with manifest partiality, evident bad
faith or inexcusable negligence; and c. That his action caused: i. Any undue
injury to any party, including the government; or ii. Giving any private party
unwarranted benefits, advantage or preference in the discharge of his
functions.
Note: Since bad faith is an element, good faith and lack of malice is a valid
defense.
(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.
Elements:
a. Offender is a public officer; b. Public officer neglected or refused to act
without sufficient justification after due demand or request has been made on
him; c. Reasonable time has elapsed from such demand or request without
the public officer having acted on the matter pending before him; and d. Such
failure to act is for the purpose of: i. Obtaining (directly or indirectly) from any
person interested in the matter some pecuniary or material benefit or
advantage; ii. Favoring his own interest; or iii. Giving undue advantage in
favor of or discriminating against any other interested party.
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(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.
Elements:
a. Accused is a public officer; b. The public officer entered into a contract or
transaction on behalf of the government; and c. Such contract or transaction
is grossly and manifestly disadvantageous to the government (the threshold
of the crime).
(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.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
(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.
G. Anti-Hazing Law (R.A. No. 8049)
Hazing is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and other similar tasks or activities or
otherwise subjecting him to physical or psychological suffering or injury
H. Anti-Hijacking Law (R.A. No. 6235)
1. To compel a change in the course or destination of an aircraft of Philippine
registry, or to seize or usurp the control thereof, while it is in flight
2. To compel an aircraft of foreign registry to land in Philippine territory or to
seize or usurp the control thereof while it is within the said territory
Aggravating circumstances to nos. 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; and
c. Whenever the crime is accompanied by murder, homicide, serious physical
injuries or rape.
3. To ship, load, or carry in any passenger aircraft operating as a public utility
within the Philippines, any explosive, flammable, corrosive or poisonous
substance or material.
4. By shipping, carrying or loading on board a cargo aircraft operating as a
public utility in the Philippines materials or substances which are explosive,
flammable, corrosive or poisonous in a manner not in accordance with the
rules and regulations of the Civil Aviation Authority of the Philippines.
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I. Anti-Piracy and Anti-Highway Robbery (P.D. No. 532)

PUNISHABLE ACTS
1. Piracy - Any attack upon or seizure of any vessel, or the taking away of the
whole or part thereof or its cargo, equipment, or the personal belongings of
its complement or passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon things committed by
any person, including a passenger or member of the complement of said
vessel, in Philippine waters.
2. Qualified Piracy when any of the following crimes is committed on the
occasion of piracy: a. Physical injuries or other crimes b. Rape, murder or
homicide c. Offender abandoned the victims without means of saving
themselves d. When seizure is accompanied by firing upon or boarding a
vessel
3. Highway robbery/brigandage -the seizure of any person for ransom,
extortion or other unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of persons or force upon
things or other unlawful means, committed by any person on any Philippine
Highways.
4. Qualified Highway Robbery/Brigandage when any of the following crimes
is committed on the occasion of Highway Robbery/Brigandage: a. Physical
injuries or other crimes b. Kidnap for ransom, extortion, murder, homicide, or
rape
5. Aiding or protecting pirates or highway robbers/brigands in any of the
following manner shall be considered accomplice of the principal offenders
and be punished in accordance with the Rules prescribed by the RPC: a.
Giving them information about the movement of the police or other peace
officers of the government b. Acquiring or receiving property taken by such
pirates or brigands or in any manner derives any benefit therefrom c. Directly
or indirectly abetting the commission of piracy or highway robbery or
brigandage.
Elements of highway robbery under P.D. 532
1. That there is unlawful taking of property of another; 2. That said taking is
with intent to gain; 3. That said taking is done with violence against or
intimidation of persons or force upon things or other unlawful means; and 4.
That it was committed on any Philippine highway
J. Anti-Plunder Act (R.A. No. 7080, as amended)
Ill-gotten wealth - It is any asset, property, business enterprise or material
possession of any person, acquired by a public officer directly or indirectly
through dummies, nominees, agents, subordinates and/or business
associates.
It is acquired by any combination or series of the following means or similar
schemes:
1. Through misappropriation, conversion, misuse, or malversation of public
funds or raids on the public treasury;
2. By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or entity
in connection with any government contract or project or by reason of the
office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging
to the National government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled corporations and their
subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly any shares of
stock, equity or any other form of interest or participation including the
promise of future employment in any business enterprise or undertaking;
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5. By establishing agricultural, industrial or commercial monopolies or other

combinations and/or implementation of decrees and orders intended to
benefit particular persons or special interests; or
6. By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
Plunder - It is a crime committed by a public officer by himself or in connivance
with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, by amassing, accumulating or
acquiring ill-gotten wealth through a combination or series of overt acts in the
aggregate amount or total value of at least P50 million.
Elements of Plunder
1. That the offender is a public officer who acts by himself or in connivance
with members of his family, relatives by affinity or consanguinity, business
associates, subordinates, or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a
combination or series of the overt or criminal acts mentioned above (Two
predicate crimes);
3. That the aggregate amount or total value of the ill-gotten wealth amassed,
accumulated or acquired is at least P50,000,000.00.
K. Anti-Sexual Harassment (R.A. No. 7877)
While the provision states that there must be a “demand, request or
requirement of a sexual favor.” It is not necessary that the demand, request
or requirement of a sexual favor be articulated in a categorical manner. It may
be discerned, with equal certitude, from the acts of the offender. Likewise, it
is not essential that the demand, request or requirement be made as a
condition for continued employment or for promotion to a higher position. It is
enough that the respondent’s acts result in creating an intimidating, hostile or
offensive environment for the employee
L. Anti-Torture Act (R.A. No. 9745)
Under Sec. 3, “torture” refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing
him/her or a third person; or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a person in authority or agent of a person in
authority. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
“Other cruel, inhuman and degrading treatment or punishment” refers to a
deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which attains a level of
severity causing suffering, gross humiliation or debasement to the latter.
M. Anti-Trafficking in Persons Act (R.A. No. 9208)
Punishable acts:
1. Acts of Trafficking in Persons committed by any person, natural or juridical
(Sec. 4, RA 9208, as amended):
a. To recruit, obtain, hire, provide, offer, transport, transfer,
maintain, harbor, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation ;
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b. To introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. To offer or contract marriage, real or simulated, for the purpose
of acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
d. To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and offering persons
for prostitution, pornography or sexual exploitation;
e. To maintain or hire a person to engage in prostitution or
pornography;
f. To adopt persons by any form of consideration for exploitative
purposes or to facilitate the same for purposes of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
g. To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage; and
h. To recruit, hire, adopt, transport, transfer, obtain, harbor,
maintain, provide, offer, receive or abduct a person, by means of threat or use
of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
i. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
j. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
provide or receive a person by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage and involuntary servitude,
including a scheme, plan, or pattern intended to cause the person either: (1)
To believe that if the person did not perform such labor or services, he or she
or another person would suffer serious harm or physical restraint; or (2) To
abuse or threaten the use of law or the legal processes; and
k. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of baring and/or selling a child for any
consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include: (1) All forms of slavery or
practices similar to slavery, involuntary servitude, debt bondage and forced
labor, including conflict; (2) The use, procuring or offering of a child for
prostitution, for the production of pornography, or for pornographic
performances; (3) The use, procuring or offering of a child for the production
and trafficking of drugs; and (4) The use, procuring or offering of a child for
illegal activities or work which, by its nature or the circumstances in which it
is carried out, is likely to harm their health, safety or morals; and
l. To organize or direct other persons to commit the offenses defined
as acts of trafficking under RA 9208, as amended.
2. Acts that promote trafficking in persons, or facilitate trafficking in persons
(Sec. 5, RA 9208, as amended):
a. To knowingly lease or sublease, use or allow to be used any
house, building or establishment for the purpose of promoting trafficking in
persons;
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b. To produce, print and issue or distribute unissued, tampered or

fake counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues these
certificates, decals and such other markers as proof of compliance with
government regulatory and predeparture requirements for the purpose of
promoting trafficking in persons;
c. To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in
persons;
d. To assist in the conduct of misrepresentation or fraud for
purposes of facilitating the acquisition of clearances and necessary exit
documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and entry of persons from/to
the country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;
f. To confiscate, conceal, or destroy the passport, travel documents,
or personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress from
the government or appropriate agencies;
g. To knowingly benefit from, financial or otherwise, or make use of,
the labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery;
h. To tamper with, destroy, or cause the destruction of evidence, or
to influence or attempt to influence witnesses, in an investigation or
prosecution of a case under RA 9208;
i. To destroy, conceal, remove, confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or possess, any actual or purported
passport or other travel, immigration or working permit or document, or any
other actual or purported government identification, of any person in order to
prevent or restrict, or attempt to prevent or restrict, without lawful authority,
the person’s liberty to move or travel in order to maintain the labor or services
of that person; or
j. To utilize his or her office to impede the investigation, prosecution
or execution of lawful orders in a case under RA 9208.
3. Any person who buys or engages the services of trafficked persons for
prostitution (Sec. 11, RA 9208, as amended).
The qualifying acts are (Sec. 6, RA 9208, as amended):
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No. 8043, and said
adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale.
NOTE: Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3)
or more persons, individually or as a group. (BAR 2015)
4. When the offender is a spouse, an ascendant, parent, sibling, guardian or
a person who exercises authority over the trafficked person or when the
offense is committed by a public officer or employee;
Page 81 of 88
5. When the trafficked person is recruited to engage in prostitution with any

member of the military or law enforcement agencies;
6. When the offender is a member of the military or law enforcement agencies;
7. When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS);
8. When the offender commits one or more violations of Section 4 over a
period of sixty (60) or more days, whether those days are continuous or not;
and
9. When the offender directs or through another manages the trafficking victim
in carrying out the exploitative purpose of trafficking
N. Anti-Violence against Women and their Children Act (R.A. No. 9262)
Punishable acts under RA 9262
The crime of violence against women and their children is committed through
any of the following acts:
1. Causing physical harm to the woman or her child.
2. Threatening to cause the woman or her child physical harm.
3. Attempting to cause the woman or her child physical harm.
4. Placing the woman or her child in fear of imminent physical harm.
5. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or conduct
which the woman or her child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical
or other harm, or intimidation directed against the woman or child. This shall
include, but not limited to, the following acts committed with the purpose or
effect of controlling or restricting the woman's or her child's movement or
conduct:
a. Threatening to deprive or actually depriving the woman or her
child of custody to her/his family
b. Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately providing the
woman's children insufficient financial support
c. Depriving or threatening to deprive the woman or her child of a
legal right
d. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own money or
properties, or solely controlling the conjugal or common money, or properties
6. Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions.
7. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family.
8. Engaging in purposeful, knowing, or reckless conduct, personally or
through another that alarms or causes substantial emotional or psychological
distress to the woman or her child. This shall include, but not be limited to,
the following acts: a. Stalking or following the woman or her child in public or
private places b. Peering in the window or lingering outside the residence of
the woman or her child c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will d. Destroying the
Page 82 of 88
property and personal belongings or inflicting harm to animals or pets of the

woman or her child e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor children
of access to the woman's child/children (Sec. 5, RA 9262).
The elements of the crime of violence against women through harassment
are:
1. The offender has or had a sexual or dating relationship with the offended
woman; 2. The offender, by himself or through another, commits an act or
series of acts of harassment against the woman; and 3. The harassment
alarms or causes substantial emotional or psychological distress to her
Battered Woman Syndrome
Refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse. NOTE: In order to be classified as a battered woman, the
couple must go through the battering cycle at least twice.
O. Bouncing Checks Law (B.P. Blg. 22)
Persons liable under B.P. 22
1. Any person who makes or draws and issues any check to apply on account
or for value, knowing at the time of issue that he does not have sufficient funds
in or credit with the drawee bank for the payment of such check in full upon
its presentment, which 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; or
2. Having sufficient funds in or credit with the drawee bank when he makes
or draws and issues a check, shall fail to keep sufficient funds or to maintain
a credit to cover the full amount of the check if presented within a period of
90 days from the date appearing thereon, for which reason it is dishonored
by the drawee bank (Sec.1).
Elements for violation of B.P. 22 (par. 1)
1. That a person makes or draws and issues any check; 2. The check is drawn
or issued to apply on account or for a valuable consideration; 3. The person
who makes or draws and issues the check knows at the time of issue that he
does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment; and 4. At the time, the
check was presented for payment at due date, the same was dishonoured for
insufficiency of funds or credit, or would have been dishonoured for the same
reason had not the drawer, without any valid reason, ordered the bank to stop
payment.
Elements for violation of B.P. 22 (par. 2)
1. That a person has sufficient funds in or credit 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 of the check if presented
within a period of 90 days from the date appearing thereon; and 3. That the
check is dishonored by the drawee bank.
NOTE: Notice of dishonor is an indispensable requisite for prosecution
P. Comprehensive Dangerous Drugs Act (R.A. No. 9165)
Punishable Acts:
1. Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals (Sec. 4);
Page 83 of 88
2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and
3. Maintenance of a Den, Dive or Resort. (Sec. 6);
4. Employees and Visitors of a Den, Dive or Resort (Sec. 7);
5. Manufacture of Dangerous Drugs and/or Controlled Precursors and
6. Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals (Sec. 9);
7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
8. Possession of Dangerous Drugs (Sec. 11) (BAR 2015);
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs (Sec. 12);
10. Possession of Dangerous Drugs During Parties, Social Gatherings or
Meetings (Sec. 13);
11. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings (Sec. 14);
12. Use of Dangerous Drugs (Sec. 15);
13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are
Sources Thereof (Sec. 16);
14. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
(Sec. 17);
15. Unnecessary Prescription of Dangerous Drugs (Sec. 18); and
16. Unlawful Prescription of Dangerous Drugs (Sec. 19)
Q. Illegal Possession of Firearms (P.D. No. 1866, as amended by R.A. Nos.
8294 and 10591)
Punishable Acts
1. Unlawful acquisition, or possession of firearms and ammunition.
2. Use of loose firearm in the commission of a crime Loose firearm - refers to
an unregistered firearm, an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms, registered firearms in the
possession of an individual other than the licensee and those with revoked
licenses in accordance with the rules and regulations.
3. Carrying the registered firearm outside his/her residence without any legal
authority therefore or absence of permit to carry outside of residence.
4. Unlawful manufacture, importation, sale or disposition of firearms or
ammunition or parts thereof, machinery, tool or instrument used or intended
to be used in the manufacture of firearms, ammunition or parts thereof.
5. Arms smuggling (it refers to the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and
ammunition, from or across the territory of one country to that of another
country which has not been authorized in accordance with domestic law in
either or both country/countries).
6. Tampering, obliteration, or alteration of firearms identification.
7. Use of an imitation firearm – This refers to a replica of a firearm or other
device that is so substantially similar in coloration and overall appearance to
an existing firearm as to lead a reasonable person to believe that such
Page 84 of 88
imitation firearm is a real firearm. An imitation firearm used in the commission

of a crime shall be considered as a real firearm and the person who committed
the crime shall be punished in accordance with RA 10591.
8. Violating the procedure regarding firearms in custodia legis - During the
pendency of any case filed in violation of RA 10519, seized firearm,
ammunition, or parts thereof, machinery, tools or instruments shall remain in
the custody of the court. If the court decides that it has no adequate means
to safely keep the same, the court shall issue an order to turn over to the PNP
Crime Laboratory such firearm, ammunition, or parts thereof, machinery, tools
or instruments in its custody during the pendency of the case and to produce
the same to the court when so ordered. No bond shall be admitted for the
release of the firearm, ammunition or parts thereof, machinery, tool or
instrument.
9. Willfully and maliciously inserting, placing, and/or attaching directly or
indirectly, through any overt or covert act, any firearm, or ammunition or parts
thereof in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implication or incriminating the person or
imputing the commission of any violation of the provision of RA 10591 to said
individual.
10. Failure to notify lost or stolen firearm or light weapon.
11. Illegal transfer/registration of firearms – transferring possession of any
firearm to any person who has not yet obtained or secured the necessary
license or permit thereof.
R. Indeterminate Sentence Law (R.A. No. 4103, as amended)
A sentence with a minimum term and a maximum term of which the court is
mandated to impose for the benefit of a guilty person who is not disqualified
to avail therefore, when the maximum imprisonment exceeds 1 year.
The term minimum refers to the duration of the sentence which the convict
shall serve as a minimum to be eligible for parole. The term maximum refers
to the maximum limit of the duration that the convict may be held in jail. For
special laws, it is anything within the inclusive range of prescribed penalty.
Courts are given discretion in the imposition of the indeterminate penalty.
Application of the Indeterminate Sentence Law must be considered when
required to solve penalties under Article 64 (Rules for the application of
penalties which contain three periods).
Rules in imposing a penalty under the indeterminate sentence law
When penalty is imposed by RPC: 1. The Maximum Term – is that which in
view of the attending circumstances could be properly imposed under the
RPC. 2. The Minimum Term – is within the range of the penalty next lower to
that prescribed by the RPC.
The Indeterminate sentence law shall NOT apply to persons: 1. Convicted of:
a. An offense punishable with death penalty, reclusion perpetua or life
imprisonment b. Treason, conspiracy or proposal to commit treason c.
Misprision of treason, rebellion, sedition, espionage d. Piracy;
2. Habitual delinquents;
3. Those who shall have escaped from confinement or evaded sentence;
4. Granted conditional pardon by the Chief Executive and shall have violated
the term (condition) thereto;
5. Whose maximum term of imprisonment does not exceed one year;
6. Sentenced to the penalty of destierro or suspension only; any person
convicted of a crime but the penalty imposed upon him does not involve
imprisonment; and
7. Who are already serving final judgment upon the approval of the
Indeterminate Sentence Law
Page 85 of 88
S. Juvenile Justice and Welfare Act (R.A. No. 9344, as amended by R.A. No.
10630, and in relation to P.D. No. 603)
Diversion Program
Diversion Program refers to the program that the child in conflict with the law
is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings, subject to the following conditions:
1. Where the imposable penalty for the crime committed is not more than six
(6) years of imprisonment, the law enforcement officer or Punong Barangay
with the assistance of the local social welfare and development officer or other
members of the LCPC shall conduct mediation, family conferencing and
conciliation;
2. In victimless crimes where the imposable penalty is not more than six (6)
years of imprisonment, the local social welfare and development officer shall
meet with the child and his/her parents or guardians for the development of
the appropriate diversion and rehabilitation program; and
3. Where the imposable penalty for the crime committed exceeds six (6) years
of imprisonment, diversion measures may be resorted to only by the court.
Intervention
Intervention refers to a series of activities which are designed to address
issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills
training, education, and other activities that will enhance his/ her
psychological, emotional and psycho-social wellbeing. An intervention
program covering at least a 3-year period shall be instituted in LGUs from the
barangay to the provincial level.
T. Probation Law (P.D. No. 968, as amended by R.A. No. 10707) – Probation -
It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of
a probation officer.
Disqualification to avail the benefits of the probation law
1. Sentenced to serve a maximum term of imprisonment of more than six (6)
years;
2. Convicted of subversion or any crime against the national security or the
public order;
3. Who have previously been convicted by final judgment of an offense
punishable by imprisonment of not less than one month and one day and/or
a fine of not less than two hundred pesos;
4. Who have been once on probation under the provision of this Decree;
5. Who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof;
6. If he appeals the judgment or conviction;
7. If he is convicted of violation of Election offenses; or
8. Any person convicted for drug trafficking or pushing under RA 9165
regardless of the penalty imposed
U. Cybercrime Prevention Act (R.A. No. 10175)
Punishable Acts
1. Illegal access - The access to the whole or any part of a computer system
without right
2. Illegal Interception - The interception made by technical means without
right of any non-public transmission of computer data to, from, or within a
computer system including electromagnetic emissions from a computer
system carrying such computer data.
Page 86 of 88
3. Data Interference — The intentional or reckless alteration, damaging,

deletion or deterioration of computer data, electronic document, or electronic
data message, without right, including the introduction or transmission of
viruses.
4. System Interference — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.
5. Misuse of Devices: a. The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of a device, including
a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or a computer password,
access code, or similar data by which the whole or any part of a computer
system is capable of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act. b. The possession of an item
referred to in the preceding paragraph with intent to use said devices for the
purpose of committing any of the offenses under this section 4 of RA 10175.
6. Cyber-squatting – The acquisition of a domain name over the internet in
bad faith to profit, mislead, destroy reputation, and deprive others from
registering the same, if such a domain name is similar, identical, or
confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration, identical or
in any way similar with the name of a person other than the registrant, in case
of a personal name; and acquired without right or with intellectual property
interests in it.
7. The input, alteration, or deletion of any computer data without right resulting
in inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible
8. The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent
or dishonest design
9. Computer-related Fraud — The unauthorized input, alteration, or deletion
of computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, that if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower
10. Computer-related Identity Theft – The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging
to another, whether natural or juridical, without right: Provided, that if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
11. Cybersex — The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration.
12. Child Pornography — The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than that provided for in Republic
Act No. 9775.
13. Libel — The unlawful or prohibited acts of libel as defined in Article 355 of
the Revised Penal Code, as amended, committed through a computer system
or any other similar means which may be devised in the future.
Page 87 of 88
14. Aiding or Abetting in the Commission of Cybercrime – Any person who

willfully abets or aids in the commission of any of the offenses enumerated in
this Act shall be held liable.
15. Attempt in the Commission of Cybercrime — Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be held
liable (Sec 6 and 5, RA 10175)
V. Human Security Act (R.A. No. 9372) – defining acts of terrorism
Punishable Acts:
1. Conspiracy to commit terrorism;
2. Unauthorized or malicious interceptions and/or recording;
3. Failure to deliver suspect to the proper judicial authority within three days;
4. Violation of the rights of detainee committed b the police officer or his
superior if the police officer is not identified;
5. Threat, intimidation, coercion, or torture in the investigation and
interrogation of a detained person;
6. Unauthorized or malicious examination of a bank or a financial institution;
7. Defiance by the bank office or employee of court authorization;
8. False, untruthful statement or misrepresentation of material fact in joint
affidavits;
9. Unjustified refusal to restore or delay in restoring seized, sequestered and
frozen bank deposits, placements, trust accounts, assets and records;
10. Loss, misuse, diversion or dissipation of seized, sequestered and frozen
bank deposits;
11. Infidelity in the custody of detained persons;
12. Unauthorized revelation of classified materials; and
13. Furnishing false evidence, forged document, or spurious evidence.
EXCLUDE Special criminal laws and administrative circulars not included in the
above listing, as follows:
A. Anti-Alias Law (R.A. No. 142)
B. Anti-Money Laundering Law Act of 2010 (R.A. No. 9160 as amended by
R.A. No. 9194)
C. Anti-Photo and Video Voyeurism Act of 2009 (R. A. No. 9995)
D. Code of Conduct of Public Officials and Employees (R.A. No. 6713)
E. Government Procurement Reform Act (R.A. No. 9184)
IMPORTANT NOTES:
• The listing of covered topics is not intended and should not be used by law schools
as a course outline. This listing has been drawn up for the limited purpose of
ensuring that the Bar candidates are guided on the coverage of the 2018 Bar
Examinations.
• All laws, rules, issuances, and jurisprudence pertinent to every subject and its
listed topics as of June 30, 2017 are examinable materials within the coverage of
the 2018 Bar Examinations.
• Principles of law are not covered by the cut-off period stated herein.
Page 88 of 88

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2018 BAR EXAMINATIONS

I. REVISED PENAL CODE (RPC) BOOK I

negligence are enough that the

2. Applicability and Effectivity of the Penal Code

5. Should commit any of the crimes against national security

Art. 304, which is a preparatory act to the commission of

Justifying Exempting Mitigating Aggravating Alternative

(2) The order is for some lawful purpose

(2) That the felony is committed in vindication of

(1) The act of the offender of leading the law

(4) His presence has not prevented the offender

6. Nighttime; Uninhabited Place; With A Band

co-exist independently where they are adopted for a

In CRIMES AGAINST PERSONS in cases where 

(d) Rather it is the effect of the alcohol upon

b. Light felonies not consummated

3. Persons Liable and Degree of Participation

3. By harboring, concealing, or assisting in the

crime must be one

d) Include: Obstruction of Justice (P.D. No. 1829)

the offender or from protecting the life or property of the

C. Penalties - punishment inflicted by the State for the transgression of a law

Bond to keep the peace The period during which the

Difference between Reclusion P. v. Life Imp.

Destierro is a principal penalty. It is a punishment whereby a convict

2) When the penalty prescribed for the crime is composed of two

P.D. No. 968 – Probation Law, as amended

Effect of filing for application for probation

A judgment of conviction becomes final when the accused files a

Who can apply for probation

XPNs: 1. First time minor offenders under RA 9165 2. Violation of the

R.A. No. 9344 – Juvenile Justice and Welfare Act, as amended

Juvenile Justice and Welfare System Juvenile Justice and Welfare

Where a child is detained, the court may order the following

D. Criminal and Civil Liabilities

PRESCRIPTION OF CRIMES PRESCRIPTION OF

5. By marriage of the offended woman in cases of seduction,

7. By amnesty, which completely extinguishes the penalty and all its

II. REVISED PENAL CODE (BOOK II)

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

Can only be committed by persons Can be committed by any persons,

6. Qualified Piracy and Mutiny (Art. 123, RPC

1. Offender is a public officer or employee; 2. He either: a. Expels any person

1. Acts complained of were performed: a. In a place devoted to religious

done by means of speeches, proclamations, writings, emblems, banners or

1. By using force, intimidation, threats, or fraud to prevent any member of the

15. INDIRECT ASSAULTS ART. 149

18. TUMULTS AND OTHER DISTURBANCES OF PUBLIC DISORDER

1. Offender is a convict by final judgment; 2. He is serving his sentence which

6. Forging treasury or bank notes or other documents payable to bearer

1. That there be a bill, resolution or ordinance enacted or approved or pending

1. Issuance of false certificate by a physician or surgeon in connection with

1. There is a criminal proceeding; 2. Offender testifies falsely under oath

Sexual intercourse is not a necessary element to constitute prostitution. The

1. KNOWINGLY RENDERING UNJUST JUDGMENT ART. 204

NOTE: Q: If a police officer tolerates the commission of a crime or otherwise

1. Offender makes offers or promise or gives gifts or presents to a public

12. OTHER FRAUDS ART. 214

1. Offender is a public officer; 2. There is public fund or property under his