TABLE OF ELEMENTS

QUALIFIED
ACTS OFFENDER / SITUATION COUNTERPART
PROVISION ELEMENTS VICTIM (PLACE/TIME)
FORM PENALTIES
FELONY IMPT THINGS
PUNISHED MODIFYING CIRC

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
ART 114 1. Offender is a 1. Levying OFFENDER: Can only be AGGRAVATED by: Filipino citizen – RP PROVEN
TREASON Filipino citizen or war • Filipino committed when - ignominy to death and fine THROUGH:
an alien residing in against citizen Philippines is at - cruelty < P100,000 1. Confession of
Treason – breach the Philippines the (with war with a foreign - amount or accussed in an
of allegiance to a 2. That there is a governme permanent enemy. degree of aid Alien resident – RT open court
government, war in which the nt allegiance) Declaration of war - gravity of to death and fine 2. Two witness rule
committed by a Philippines is concurren • Resident is not necessary. separate distinct < P100,000 (Art 114, Par 2)
person who owes involved ce of: aliens acts of treason Applies only to
allegiance to it 3. That the OVERT: Actual (with Can be committed Art 64 (divisibility giving aid and
offender either assembly of men temporary by a Filipino who is INHERENT/ABSOR of penalties with comfort (overt)
a. levies war INTENT: Executing allegiance) outside of the BS three periods) only and not to
against the a treasonable Philippines - treachery does not apply  adherence
Government design Allegiance – - evident modifying (covert)
b. adheres to the 2. Concurren obligation of A continuous premeditation circumstances do
enemies, giving ce of: fidelity and offense (siding with the not determine the Defense of
them aid or Adherence to obedience which enemy is usually period of penalty, suspended
comfort (covert act – intent the individual owe No treason involves a long instead, the allegiance and
to betray) to the government through and reflective gravity of the change of
Giving aid and under which they negligence process and separate and sovereignty
comfort live or to their planning) distinct acts of cannot be
OVERT: strengthen sovereign, in - abuse of superior treason committed accepted
or tends to return for the strength by the accused.
strengthen the protection they Cannot complex Success of aid and
enemy and receive The Indeterminate adherence is
weakens or tends Sentence Law irrelevant to the
to weaken the (ISL) is not offender’s guilt
power of traitor’s applicable
country to resist or
to attack) to the
enemy
INTENT: Betray the
traitor’s country
ART 115 CONSPIRACY Conspiracy when Any person The Philippines is Conspiracy: PM Exception to Art 8
CONSPIRACY 1. There is a war two or more in war with a and fine < (conspiracy and
AND PROPOSAL which the Phil is persons come to foreign enemy P10,000 proposal to
TO COMMIT involved an agreement to commit felony are
TREASON 2. At least 2 perform acts Proposal: PC and generally not
persons come to punishable with fine < P5,000 punished)
an agreement to treason AND
[do the acts decide to commit ISL is not Two witness rule
 punished in A114] it applicable does not apply to
3. They decide to Art 115 because it
commit it Proposal when a is a separate and
person who has distinct offense
PROPOSAL decided to commit from treason
1. There is a war acts punishable
in which the Phil is with treason and
involved proposes its
2. At least 1 execution to some
person decides to other person/s
[do the acts
punished in A114]
ART 116 1. Offender must Every person Punished as an Does not apply
MISPRISION OF be owing owing allegiance accessory to when the
TREASON allegiance to the to Philippines treason because conspiracy is
Govt and not a no penalty already committed
foreigner (Unlike TREASON prescribed  two
2. That he has which can degrees lower Exception to the
knowledge of any committed by than treason general rule that
conspiracy (to aliens resident mere silence does
commit treason) aliens) ISL not applicable not make a person
against the Govt criminally liable.
3. That he Art 20 (relatives Otherwise stated,
conceals or does not considered as the only
not disclose and accessories) does “omission”
make known the not apply in Art punished
same ASAP to the 116 because
governor or fiscal misprision is a
of the province or separate and
the mayor or fiscal distinct offense
of the city in which from treason
he resides
ART 117 1st means: 1. Entering Par 1 – any person PC Not necessary that
ESPIONAGE a. offender enters without authority whether a citizen information is
b. no authority to (insert specific or a foreigner, a If public officer or obtained
Espionage – the enter places here) to private individual employee: penalty
offense of c. Purpose to obtain any or public officer next higher in 117 v 114
gathering, obtain information information etc of degree - Both not
transmitting or etc of confidential a confidential Par 2 – public conditioned by
losing information nature relative to nature relative to officer who has in citizenship of
respecting the the defense of the the defense of the his possession the offender
national defense Phil Phil information etc by - TRE only in time
with intent or reason of the of war; ESP both
reason to believe 2nd means: 2. Disclosing to public office he peace and war
that the a. offender is the rep of a holds - TRE limited to
information is to public officer foreign nation two specific ways;
be used to the b. in his information etc ESP committed in
injury of the RP or possession which he had in many ways
to the advantage information etc by his possession by
of any foreign reason of his reason of the ESP v CA 616
nation public office public office he - ESP only actual
 c. discloses holds entering of the
CA 616 other acts content to a offender for the
of espionage representative of a purpose of
foreign nation obtaining
confidential info;
616 even
conspiracy to
commit such act
- ESP only the
person who tried
to obtain info or
disclose the
confidential info;
616 includes
recipient of info,
inducer and
harbors violation
of law
- 616 also
punishes disloyal
acts or words

ART 122 Two ways of Any person High Seas – any Refer to Art 123 RP PIRACY v
PIRACY AND committing piracy: waters on the sea MUTINY
MUTINY ON THE 1. Attacking or coast which are - PIRACY offenders
HIGH SEAS seizing vessel on without the are strangers or
the high seas or in boundaries of law- outsiders; MUTINY
Piracy – robbery Philippine waters water mark, members of the
or forcible 2. Seizing a vessel although such crew
depredation on while on the high waters may be in - PIRACY intent to
the high seas, seas or in Phil the jurisdictional gain is essential in
without lawful waters limits of a foreign crime; MUTINY
authority and government; not only intend to
done with animo included in the ignore the officer
furandi (intent to exclusive or desire to
gain) and in the economic zone, commit plunder
spirit and intention territorial waters,
of universal internal/archipelag PIRACY v ROBRY
hostility ic waters of a ON HIGH SEAS
state - Both have intent
Mutiny – unlawful to gai and the
resistance to a manner is the
superior officer, or same
the raising of - RHS offender is a
commotions and member of the
disturbances on complement or a
board a ship passenger of the
against the vessel; PIR
authority of its outsiders
commander
Before RA 7659,
 acts in violation of
Art 122/123
committed in the
Philippine waters
is punished under
PD 532 (Lol-lo v
Sarao)
ART 123 1. Seized a vessel RP to death Only Par 3 is
QUALIFIED by firing upon the applicable to
PIRACY same ISL not applicable mutineers
2. “Pirates” have because:
abandoned their Special complex - Par 1 mutineers
victims without crime punishable are already in the
means of saving by death vessel
themselves regardless of - Par 2 specifically
3. Crime number of victims limited to pirates
accompanied by and mitigating and not mutineers
murder, homicide, circumstances
physical injuries or
rape
RA 6235 1. Compelling the Any person 1. Fired upon the 20 years > HIJACKING v
HIJACKING change of course pilot, member of Imprisonment > PIRACY
or destination of the crew, 12 years OR
an aircraft of Phil passenger of the P40,000 > fine > Similarities:
registry aircraft P25,000 - seizing of a
2. Seizing or 2. Exploded or vessel (water and
usurping the attempted to air)
control thereof explode any bomb - appreciation of
while in flight or explosive to qualifying circ
destroy the
In flight – all its aircraft Differences:
external doors are 3. Crime - PIR committed
closed following accompanied by by outsider; HIJ
disembarkation murder, homicide, does not qualify
until any of such serious physical the offender
doors is opened injuries or rape - PIR not
for disembarkation concerned about
the registry of the
For foreign vessel nor its
registry: location as long as
1. land in the RP it is in the seas;
territory HIJ can only be
2. seize/usurp committed in RP
control while in or foreign vessels
the RP territory in RP territory
- HIJ can be
committed by
simply carrying
certain substances
aboard the ship
regardless if there
 was violence or
not
- HIJ may be
qualified even
without physical
injuries, as long as
the HIJ fires at the
persons
enumerated

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ART 124 1. That the Detention of an Public officers Legal grounds 1. Less than 3 If detention is by Usual cause of
ARBITRARY offender is a individual without vested with for detention: days – AM Max to private individual – offense is arrest
DETENTION public officer or legal grounds authority to detain 1. commission of a PC min ILLEGAL without warrant
employee or order the crime or suspicion 2. 3-15 days – PC DETENTION (Art
Arrest - 2. That he detains Detention – detention of based on a med to max 267 or Art 268) Lawful
a person placed in a persons accused reasonable ground 3. 15 days-6 warrantless
3. That the confinement or of a crime that he has months – PM If arrest is without arrest (Sec 5,
detention is there is a restraint committed crime 4. More than 6 legal ground OR Rule 113)
without legal on his person E.g. policemen 2. violent insanity months - RT by a puboff 1. offender is
grounds and other agents or other ailment without authority attempting to
REASON: prevent of law, judges or requiring to arrest – commit,
detention without mayors compulsory UNLAWFUL committed,
informing him of confinement of the ARREST (ART 269) actually
offense and Also, private patient in hospital committing in the
without permitting individuals who arresting officer’s
him to bail conspire with Arbitrary presence
public officers detention thru 2. offense has just
imprudence been committed
“Punong personal
barangay” has knowledge
right under LGC 3. fugitive prisoner

Additional from Sir

Barry (because
Reyes isn’t so
imaginative)
1. Quarantine
2. Person in
contempt (other
court orders)
3. Congressional
contempt (Jokjok
Bolante’s case)
4. Foreigners in an
administrative
arrest in
deportation
proceedings
 ART 125 1. That the Detained a person Must be a public The legality of Circumstances Refer to Art 124 Citizens’ arrest is Only applicable for
DELAY IN THE offender is a for some legal officer or detention expires affecting Art 125 penalties also covered in warrantless arrest
DELIVERY OF public officer or ground but failed employee in: 1. means of the periods because in such
DETAINED employee to deliver to communication provided by Art cases, no
PERSONS 2. That he has proper judicial *Fiscals cannot be 1. 12 hrs – light 2. time of arrest 125, but they can information (i.e.
detained a person authorities. charged under Art penalties 3. other only be charged delivery to proper
Delivery – for some legal 125 because they 2. 18 hrs – circumstances with ILLEGAL judicial
making an ground Judicial were not the ones correctional (material DETENTION (Art authorities) was
accusation or 3. That he fails to authorities – who illegally penalties impossibility) 267 or Art 268) made yet
charge or filing of deliver such a courts of justice or detained or 3. 36 hrs –
information person to the judges vested with arrested the afflictive or capital Defense: Arrested with
against the person proper judicial judicial power to accused penalties Insuperable cause warrant – there is
arrested with the authorities within order temporary (Sec 7, Art 12) information and
corresponding specified time detention or *periods increased prior investigation
court or judge, confinement of a by EO 272, *Oakwood mutiny has been done by
whereby the latter person charged methinks because case judge
acquires with having of increase in (judicial nature)
jurisdiction to committed a crime rate
issue an order of public offense The only right you
release or of - does not include cannot waive is
commitment of fiscals because your right to be
prisoner they cannot issue informed of the
warrant of arrest accusation

Right to counsel
- anytime of day
or night
- independent: not
provided by police
investigators
- own choice: no
strong objections
RA 7438: An Act RIGHTS INVOLVED:
Defining Certain 1. To be assisted by counsel at all times
Rights of 2. To be informed of cause of detention
Persons 3. To be informed of his rights to remain silent and to have a competent (not necessarily from UP, especially if he can’t afford it hehe) and independent (not associated
Arrested, with the police) counsel
Detained or 4. Custodial investigation shall be reduced to writing signed by the accused at the presence of his counsel or the assisting counsel
Under Custodial 5. Any extrajud investigation shall also be in writing and signed by the accused in the presence of his counsel
Investigation 6. Waiver of provisions of Art 125 shall be in writing and signed in the presence of counsel
7. Right to be allowed visits by or conferences with any member of his immediate family, his doctor, priest and any NGO

ART 126 1. Offender is a 1. Delaying the Usually committed Refer to Art 124
DELAYING public officer or performance of a by wardens and penalties
RELEASE employee judicial or jailers
2. There is a executive order for
judicial or the release of the
executive order for prisoner
the release of a 2. Unduly delaying
prisoner or the service of the
detention prisoner notice of such
 or that there is a order to said
proceeding upon a prisoner
petition for the 3. Unduly delaying
liberation of such the proceedings
person upon any petition
3. That the for the liberation
offender without of such person
good reason
delays the specific
acts punishable in
Art 126 (on the
right column)
ART 128 COMMON 1. Entering any OFFENDER: public QUALIFYING If committed by
VIOLATION OF ELEMENTS: dwelling against officer or 1. committed at private individual
DOMICILE 1. Offender is a the will of the employee nighttime TRESPASS TO
public officer or owner 2. any papers or DWELLING (A280)
employee - “entrance” is effects not
2. He is NOT opposed or constituting If outside the
authorized by prohibited evidence of a dwelling, without
judicial order to whether express crime are not SW and person not
enter dwelling OR or implied returned arrested:
to make a search immediately after GRAVE COERCION
therein for papers 2. Searching the search made (A286) if with
or other effects papers or other by the offender violence and
effects found intimidation
therein without UNJUST VEXATION
the previous (A287) if without
consent of the violence or
such owner intimidation

3. Refusing to
leave the
premises, after
having
surreptitiously
entered said
dwelling, and after
having been
required to leave
the same
ART 129 SW without just 1. By procuring a OFFENDER: Public SW may be issued
SEARCH cause: search warrant officer/employee for the search and
WARRANTS 1. Offender is a without just cause seizure of the ff
MALICIOUSLY public 2. By exceeding personal property:
OBTAINED AND officer/employee his authority or by 1. Property subject
ABUSE IN THE 2. Procures a SW using unnecessary of the offense
SERVICE OF 3. No just cause severity in 2. Property stolen
THOSE LEGALLY executing a search or embezzled and
OBTAINED Exceeding warrant legally other fruits of the
authority or procured offense
using 3. Property used
 unnecessary or intented to be
severity in used as the means
executing SW of committing an
legally procured offense
1. Offender is
public
officer/employee
2. Legally
procured SW
3. Exceeds
authority or uses
unnecessary
severity in
executing

ART 130 1. Offender is a REASON: witness DOMICILE does 128 v 130:

SEARCHING public is necessary to not include - 128 no authority
DOMICILE officer/employee avoid planting of vehicles or other to make search,
WITHOUT 2. Armed with a evidence means of 130 SW gives
WITNESSES SW legally transportation authority
procured
3. Searches
domicile, papers
or other
belongings of any
person
4. Owner, any
member of his
family, or two
witnesses residing
in the same
locality are not
present
RULE 126 SEARCH WARRANT: an order in writing issued in the name of the PP, signed by a judge and directed to a peace officer, commanding him to search for personal property
SEARCH AND described therein and bring it to court
SEIZURE
PROPERTIES TO BE SEIZED (only personal property):
1. Property subject of the offense
2. Property stolen or embezzled and other proceeds or fruits of the offense
3. Property used or intended to be used as the means of committing an offense

REQUISITES FOR ISSUING A SW:

1. PROBABLE CAUSE – such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and
that the object sought in connection with the offense are in the place sought to be searched (Burgos v Chief of Staff)
TEST OF LACK OF JUST CAUSE: Whether the affidavit filed in support of the application for SW has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages cause. Truth of the facts within the personal knowledge of the applicant for SW and not the facts “reported to me by a person
whom I consider to be reliable”
2. In connection with one specific offense
3. Determined personally by the judge
4. After examination under oath or affirmation of the complainant and the witnesses he may produce
 5. PARTICULARLY DESCRIBBING THE PLACE TO BE SERACHED AND THE THINGS TO BE SEIZED - no general warrants may be issued
GENERAL RULE: Searches and seizures (s&s) should be made with search warrant (SW)
EXCEPTIONS:
1. When s&s are incident to a lawful arrest
2. When the search is made outside the domicile or in a vehicle

VALIDITY OF SW: 10 days

ART 133 1. Acts Notoriously OFFENDER: Any Place devoted to AM Max to PC Min
OFFENDING complained offensive to the person religious
RELIGIOUS performed in feelings of the worship (not
FEELINGS - place of religious faithful – directed necessary that
worship against religious there is on-going
- during the practice or dogma ceremony)
celebration of or ritual for the
religious purpose of During the
ceremony ridicule, as celebration of any
2. Notoriously mocking or religious
offensive to the scoffing at or ceremony -
feelings of the attempting to religious acts
faithful damage an object performed outside
of religious of a church e.g.
Purpose: veneration processions and
Deliberate intent special prayers for
to hurt the *Judged from burying of dead
feelings of the complainant’s persons)
faithful and case point of view (Ppl
disruption v Baes)

*Judged from
nature of the act
(Ppl v Tengson)

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ART 134 1. That there be a Concurrence of Any person Public uprising ABSORBS all other ISL not applicable NATURE OF
REBELLION OR concurrence of: public uprising offenses in CRIME: A crime of
INSURRECTION - public uprising and taking arms For person holding AND furtherance of ART 135 multitude. Vast
- taking arms against the public office, he rebellion, because PENALTY FOR movement of
Rebellion – against the government two must take part in: Taking arms COMMON CRIMES REBELLION, mean and
object of the Government acts cannot stand a. engaging in war against take on a political INSURRECTION complex net of
movement is to alone as rebellion b. destroying government character. OR COUP D’ETAT intrigues and plots
completely 2. Purpose of property or
overthrow and uprising or committing No complex Rebellion and Not necessary for
supersede the movement is serious violence crimes because Insurrection them to be
existing either: c. exacting considered as - promotes successful
government contributions or constituent/compo maintains or
- remove from diverting public nent crimes heads a rebellion REBELLION v
Insurrection – in allegiance to the funds from their or insurrection: RP TREASON
reference to a Govt or its laws lawful purpose BUT due to RA - TREAS purpose
movement which a. territory of the 6968 (which is RIC: of levying war is
seeks merely to Phil or any part predated by Enrile - merely to aid enemy; REB
effect some thereof v Salazar and Ppl participating or purposes are
change of minor b. any body of v Hernandez) executing the specifically laid
importance OR to land, naval or omission of commands of down (usually
prevent the other armed specified overt others: RT against the Govt)
exercise of forces acts, suggested - when under the and committed
governmental hat complexing is command of during peace time
authority with -deprive the Chief now possible unknown leaders, - REB always
respect to Executive or any person who in involves taking up
particular matters Congress, wholly Political crimes fact directed arms; TREASON
or subjects or partially, of any – directly aimed others, spoke for may be
of their powers or against the them, signed committed by
REBELLION v prerogatives political order. The receipts and other mere adherence
INSURRECTION decisive factor is documents issued to enemy by
REB: purpose is intent or motive in their name or giving aid or
complete performed similar comfort
overthrow of Govt acts on behalf of
INS: merely to rebels is LEADER REBELLION v
effect some SUBVERSION
change of minor Coup d’etat: - SUBV is crime
importance or to - Leads or in any against nat’l
prevent exercise manner directs or security; REB is
of Govt authority commands others crime against
with respect to to undertake public order
particular matters coup: RP May be committed
or objects - Govt participant with or without
ART 134-A COUP 1. Offender is a Swift attack OFFENDER: (execute civilian
D’ETAT person/s accompanied by - military police directions or participation
belonging to the violence, - public officer or commands): RT
Added to the RPC military police or intimidation, employee Max Art 48 (complex
by RA 6968 holding any public threat, strategy or - Private crimes) cannot be
office or stealth OFFENDED PARTY: participant applied
employment - duly constituted (supports,
2. Committed by authorities of the finances, abets or REBELLION v
means of a swift RP aids): PM Max COUP D’ETAT
attack - any military COUP: Offender
accompanied by camp/installation/ belongs to military
violence, public or holding pub
intimidation, utilities/facility office/
threat , strategy needed for employment; REB
or stealth exercise and committed by any
3. Attack is continued person
directed against possession of COUP: direct
duly constituted power attack against
authorities of the Gov’t authorities
RP OR any military etc, REB uprising
camp/installation/ against the Gov’t
public is enough as one
utilities/facility element
 needed for
exercise and
continued
possession of
power
4. Purpose to
seize /diminish
state power
ART 136 1. Conspiracy and Conspiracy and
CONSPIRACY proposal to proposal (coup):
AND PROPOSAL commit coup PM min and fine <
TO COMMIT RIC 2. Conspiracy to P8,000
commit rebellion
3. Proposal to Conspiracy (RI):
commit rebellion PC max and fine <
P5,000

Proposal (RI): PC
med and fine <
P2,000
ART 138 1. Offender does Any person who Rebellion must not INCITING v
INCITING TO not take arms OR does not take yet be committed, PROPOSAL TO
REBELLION OR is not in open arms or is not in otherwise, the COMMIT
INSURRECTION hostility against open hostility crime committed is REBELLION
the Gov't (at least against the Gov't already rebellion - Offender induces
one of the act with the inciting a another to commit
required in principal by rebellion in both
rebellion) inducement if - PROPO offender
Purpose: requisites of Par 2, decided to
2. Incites others to Art 17 is present commit; INCITING
the execution of not required that
any of the acts of he decided
rebellion - PROPO secret
3. By means of means; INCITING
speeches, public act
proclamations,
writings etc
ART 139 1. Offenders rise SEDITIOUS GOALS: “Tumultous” is Public uprising Common crimes ART 140 SEDITION v
SEDITION publicly AND 1. Prevent given a definite are not absorbed PENALTY FOR REBELLION:
tumultuously promulgation or meaning in Art and treated as SEDITION - difference lies in
Sedition – raising 2.Employ force, execution of any 163 which is more separate crimes the object/purpose
of commotions or intimidation or law or the holding than three (Ppl v Cabrera) Leader: PM Min of the uprising
disturbances in other means of any popular persons (i.e. at and fine < INTENT - SED
the State outside legal election least four) who are P10,000 purpose is either
methods 2. Prevent Nat'l armed or provided Participants: PC political or social;
Ultimate object: 3. Employs those Gov't or any with means of Max and fine < REB always
violation of public means to attain prov/muni Gov’t violence P5,000 political
peace or at least any of the objects OR public off from OVERT - REB
such a course of political or freely exercising taking up arms
measures as social purpose its/his function OR against Gov’t is
evidently (in the right prevent the required; SED
engenders it column) execution of any tumultuous is
administrative sufficient
order
3. Inflict any act of SEDITION v
hate or revenge TREASON
upon the person - TREA violation by
or property of any subject of his
public officer or allegiance to
employee sovereign; SED
4. Commit for any raising of
political or social commotion or
end, any act of disturbances in
hate or revenge the State
against private
person or any SEDITION v
social class COUP D’ETAT
5. Despoil, for any COUP: no
political and social minimum number
end, any person, of persons ; SED
municipality or more than 3
province or the armed men
Natl Gov’t of all its COUP: political
property or any purpose; SED
part political or social
purpose
ART 141 1. 2 or more Two or more PC max and fine < If only “attain No liability for
CONSPIRACY TO persons come to persons who have P 2,000 object of sedition” proposal to
COMMIT an agreement and reached an without “rising commit sedition
SEDITION a decision to rise agreement and If government publicly and
publicly and decided to attain official/employee: tumultuously”
tumultuously to the object of accessory penalty conspiracy to
attain any of the agreement of absolute commit DIRECT
objects of sedition (seditious acts + perpetual ASSAULT (1st
2. They decide to rise publicly and disqualification Form), which is
commit it tumult) from holding any not a felony
public office
ART 142 1. Offender does 1. Inciting others Any person who Disturbance or Seditious words Deliberately
INCITING TO not take part in to the does not take disorder is not and scurrilous vague
SEDITION the crime of accomplishment direct part in the necessary to libels are
sedition of any of the acts crime of sedition inciting to sedition punishable when: Two rules for
2. He incites which constitute 1. they tend to seditious words:
others to the sedition by means disturb/obstruct 1. clear and
accomplishment of speeches etc any lawful officer present danger
of any acts which 2. Uttering in executing the rule
constitute sedition seditious functions of his 2. dangerous
3. Inciting is done words/speeches office tendency rule -
by means of which tend to 2. they tend to words uttered
speeches etc or disturb public instigate others to could easily
other peace cabal and meet produce
representation 3. Writing, together for disaffection
tending to the publishing or unlawful purposes among the people,
 same end circulation 3. they suggest to and state of
scurrilous (low, incite rebellious feeling
vulgar, mean or conspiracies or incompatible with
foul) libels against riots a disposition to
Gov’t or any of the 4. lead or tend to remain loyal to
duly constituted stir up the people the gov’t)
authorities which against the lawful
tend to disturb authorities or to
public peace disturb the peace
of the community,
REASON: Forbid the safety and
the advocacy of a order of the
doctrine designed Government
to overthrow
gov’t, don’t wait
for adverse effects
and danger
ART 145 1st mode: 1. Using force, OFFFENDED Congress is in Partly inoperative: Not necessary
VIOLATION OF 1. using force. intimidation PARTY: any regular or special with respect to that he is actually
PARLIAMENTARY intimidation, threats or fraud to member of session penalizing a public prevent, as long
IMMUNITY threats or fraud prevent any Congress or official or he has the
2. Purpose: member of Constitutional When is Congress employee who intention to
INCONSISTENCY prevent any Congress from: Commission in recess? shall arrest or prevent
WITH 1987C: member of - attending 1. SONA search the
should be Congress from meetings of OFFENDER: 2. From time to member of the Parliamentary
amended to - attending Congress or of any 1. Any person time, but it does Congress. immunity does not
“punished by the meetings of its committees 2. Public officer or not mean they are protect them
penalty of PM or - expressing or subcom, employee with not in session before the
higher” opinion ConCom or authority to arrest legislative body
- casting vote committees or itself
divisions thereof,
2nd mode: - expressing his Covers only civil
1. Public opinions or arrests. Does not
officer/employee - casting his vote cover treason,
2. arrests or 2. Arresting or felony and breach
searches any searching any of peace.
member of member of (Martinez v Morfe)
Congress Congress while it
3. At the time of is in regular or
search or arrest, special session,
Congress is in except in case
special or regular such member has
session committed a
4. Member of crime punishable
Congress has not under the RPC by
committed crime a penalty higher
higher than PM than PM
RA 8294 “Provided no other crime was committed.” - Produces no effect if the offender can be punished with special laws or violation of the RPC
ILLEGAL Use of unlicensed firearm:
POSSESSION OF SPECIAL AGGRAVATING CIRCUMSTANCE: homicide, murder
FIREARMS ABSORBED AS AN ELEMENT CRIME: rebellion or insurrection, sedition, attempted coup d’etat
 ART 148 1st mode: WITHOUT PUBLIC OFFENDER: A. In actual 1. Assault is Additional penalty If with public and Not necessarily
DIRECT ASSAULT 1. Offender UPRISING: Any person performance of committed with a if tumultuous committed against
employs force or official duties weapon uprising: public official
intimidation 1. By employing OFFENDED PARTY: - regardless of 2. When the SEDITION (Art because SEDITION
2. Purpose: attain force, intimidation (For Form 1: location, as long as offender is a 134) may be
any of the for the attainment should not be it does not descend public officer or committed against
objectives or goals of any of the because to private matters employee private persons
in the crime of purposes ART 152 3. When the (Art 139 Par 4)
rebellion or enumerated in Person in B. By reason of offender lays hand
sedition defining the authority – past upon a person in Inclusion of
3. No public crimes of rebellion directly vested performance of authority TEACHERS,
uprising and sedition with jurisdiction official duties – PROFESSORS and
2. By attacking, which is the power the impelling PERSONS
2nd mode: employing force or or authority to motive of the MAYBE CHARGED WITH
1. Offender makes by seriously govern and attack is the COMPLEXED e.g. THE SUPERVISION
an attack, intimidating or execute laws performance of Direct assault with OF PUBLIC OR
employs force, resisting any – powers and official duty homicide or DULY
makes serious person in duties vested in - even if at the very murder or serious RECOGNIZED
intimidation or authority or nay of him by law should time of the assault, physical injuries, PRIVATE SUC as
makes serious his agents, while be determined no official duty was Attempted murder “persons in
resistance engaged in the being discharged with direct assault authority” –
2. Person in performance of Agents of - “on occasion” = (Ppl v Beltran) Limited
authority or his official duties or person in by reason or application to Art
agent is assaulted on occasion of authority – by because ABSORBS: 148 and 151 only
3. At the time of such performance direct provision of - evidence of - slight physical
the assault: law, or by election motive is important injuries
engaged in actual REASON: violate or by appointment only in Form 2 but
performance or by disrespect for by competent not in Form 1 bec
reason of past representative of authority is of this element
performance sovereign charged with the
4. Offender knows authority maintenance of No public uprising
that he is public order and
assaulting a the protection and
person in security of life and
authority or his property
agent - any person who
5. No public comes to the aid
uprising of PIA shall be
deemed an agent
Purpose:
intention to defy
authorities
ART 149 1. PIA or his agent OFFENDED PARTY: Presupposes If there is no Applies only when
INDIRECT is the victim of May be a private violation of Art 148 direct assault one comes to the
ASSAULT any of the forms person (Direct Assault) committed, only aid of an agent
of direct assault PHYSICAL because one
defined in Art 148 INJURIES cannot be an
2. person comes agent of an agent.
to the aid of such By virtue of Art
authority or his 152, any private
agent person who comes
 3. Offender makes to the aid of a PIA
use of force or automatically
intimidation upon becomes an
such person “agent”
coming to the aid
of the authority of
his agent
ART 156 1. There is a OFFENDER: any Includes hospital or Violence, Arresto mayor If offender is Employment of
DELIVERY OF person confined in person not asylums intimidation or max public officer deceit not a
PRISONERS jail or penal entrusted with the bribery charged with the necessary
FROM JAIL establishment custody of the custody of the element
2. Offender prisoner, e.g. Taking the guards Arresto mayor min prisoner:
removes employee of the by surprise CONNIVING WITH
therefrom such penal institution, outside the OR CONSENTING
person OR helps off-duty guard establishments TO EVASION (Art
the escape of such (usually 3rd 223)
person person)

PRISONER: either
by final judgment
or detention
Liability: detention
prisoner, no
liability; by FJ,
evasion of service
(Art 157)
ART 157 1. Offender is Evasion of convict OFFENDER: QUALIFIED if ISL not applicable Applicable to the
EVASION OF convict by final of service of his convicts by final committed by PC med and max sentence of
SERVICE OF judgment sentence by judgment means: Qualified: PC max destierro (Ppl v
SENTENCE 2. Serving escaping during - unlawful entry Abilong) but not
sentence which the term of s NOT INCLUDE: (by scaling or deportation
consists in the imprisonment by - detention climbing walls)
deprivation of reason of FJ prisoners: pending - breaking doors,
liberty investigation or windows etc
3. Evades service Escape – flee trial - using of
of his sentence by from, avoid, get - minor picklocks
escaping during out of the way, as delinquents: in a - connivance with
the term of his to flee to avoid reformatory other convicts or
sentence arrest institution or the employees of the
- escape is only sentence is penal institution
possible after suspended
starting service of - deported aliens
sentence (Tanega
v Masakayan)
ART 159 1. Offender was a Violation of any of OFFENDER: 159 v 157 PC Min but if If condition is “not NATURE OF
OTHER CASES convict the conditions in a Convicts granted 159: does not penalty remitted commit another CONDITIONAL
OF EVASION OF 2. He was granted conditional pardon conditional pardon cause harm or by the granting of crime” must be PARDON: a
SERVICE OF pardon by the granted by the by the Chief injury to the right the pardon is found guilty first contract bet the
SENTENCE Chief Executive President upon the Executive of other person nor more than 6 for Art 159 to Pres (who grants
(Violation of 3. He violated any convict does it disturb years: suffer the apply. However, the pardon) and
Conditional of the conditions public order BUT unexpired portion under Sec 64 (i) of the convict (who
 Pardon) of such pardon merely an of original RAC offender can accepts it)
infringement of sentence be arrested and - conditions
contract; 157: reincarcerated extend even to
attempt at least to - not a substantive without trial. other laws and not
evade penalty offense, bec Pardon is just RPC
inflicted by courts penalty is prerogative of the
and thus defeat unexpired portion President; purely
purpose of law of - distinct crime s executive acts not
either reforming or subject to judicial
punishing them for scrutiny (Torres v
having disturbed Gonzales)
public order
ART 160 1. Offender was Special OFFENDER: BEFORE (e.g. Cannot be offset Punished by the v REITERACION
COMMISSION OF already convicted aggravating already convicted pendency of by ordinary maximum period (or habituality)
ANOTHER CRIME by final judgment circumstance by FJ for one appeal, conviction mitigating of penalty - an aggravating
DURING of one offense where a person, offense (whether of RTC affirmed by circumstances prescribed by the circ, Art 14 Par 10)
SERVICE OF 2. Committed new having been of RPC or SPL) CA) law for the new – requires that the
PENALTY FOR felony before convicted by FJ, But MINORITY is felony. offender shall
ANOTHER beginning to serve shall commit a 2nd crime must be or privileged have served out
PREVIOUS such sentence OR new felony before a felony, not mitigating his sentences for
OFFENSE while service the beginning to serve special law WHILE (e.g. Ppl v circumstances the prior offenses
(Quasi- same such sentence or because SPL have Dioso and gang
Recidivism) while serving the no periods similar riots) MAY BE
same. to that of felonies PARDONED if:
serving previous - age is 70 and
Not required that sentence by FJ served out his orig
embraced in the sentence or
same title of RPC complete it after
or same character reaching that age
- not habitual
criminal
UNLESS by
conduct or other
circ, deemed
unworthy of
clemency

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ART 161 Intent to use is FORGING Actual use not If Pres left a blank Not FALSIFICATION
COUNTERFEITIN necessary, merely 1. the Great Seal required to be paper with OF DOCUMENT if
G copying for of the Gov't punished as long signature and signature of
Great Seal souvenir is okay 2. signature of the as the offender secretary wrote President is forge,
President intended to use it document above A161 supplies
FORGING 3. stamp of the it, FALSI BY PUB specific provision
President’s Pres OFF (171) or FALSI
signature or BY PVT INDIVAND
stamp USE OF FALSI
ART 162 1. Great Seal was OFFENDER: Used DOCU (172)
USING counterfeited OR the Act is in effect the If the user is the
forged signature signature/stamp counterfeited/forg act of an forger, punished
counterfeit seal was forged by ed accessory but under A161
or stamp another person Seal/Stamp/Signat penalty is only one
2. Offender knew ure AND not the degree lower
of the forger
counterfeiting
3. Used the
counterfeit/forged
4. Offender is not
the forger
ART 163 1. There be FALSE Counterfeiting – OFFENDER: Giving the KINDS OF COINS
MAKING, or MUTILATED imitation of a - Made appearance of WHICH CAN BE
IMPORTING, coins genuine or legal - Imported silver piece to a COUNTERFEITED:
UTTERING 2. offender either coin. May contain - Utttered in copper cent, 1. silver coin of
false coins MADE, IMPORTED more silver than connivance with ESTAFA under Art the Phil or con of
or UTTERED such the ordinary coin counterfeiters or 318 (other the CB
coins - Spurious coin, importers deceits) 2. coin of the
3. In case of imitation of the minor coinage of
uttering, such peculiar design of the Phil or CB
false or the coin (below 10 cents)
counterfeited 3. coin of the
coins, he connived Import – bring currency of a
with the them into the port, foreign country
counterfeiters or it is complete irrespective of
importers before entry at the WON it is still in
Customs House official circulation
Intent to bring (Ppl v Kong Leon)
into the country Utter – pass 4. former coins
is necessary counterfeited withdrawn from
coins; delivery or circulation
act of giving them
away
ART 164 Intent to 1. Mutilating coins of the legal currency, with the further requirement that there be PC Min and fine Mutilating coins of
IMPORTING damage or intent to damage or defraud another not to exceed foreign country
UTTERING defraud another P2000 not actionable.
mutilated coins Mutilation – take off part of the metal either by filing it or substitution it for
Coin must be of another metal of inferior quality; diminish by ingenuous means the metal in the
(genuine coins but legal tender. coin. Mutilation was done not for the sake of mutilating it but to take advantage of
defective) the metal abstracted as a result of which, the coin diminishes in intrinsic value

2. Importing or uttering, with the further requirement that there must be

connivance with the mutilator or importer in case of uttering
ART 165 1st mode: 1. Possession of OFFENDER: Not only actual or Unlike 164, does
SELLING 1. possession of coin, counterfeited without physical not require that
false or false/mutilated or mutilated by connivance with possession but false coin is legal
mutilated coins coin another person, counterfeiters, also constructive tender. BUT if
WITHOUT 2. with intent to with intent to possesses and possession mutilated, it must
CONNIVANCE utter utter, knowing utters with (subjection of the be legal tender.
3. knowledge of that it is false or knowledge thing to one’s (Because if not
Offense punished: falsity/mutilation mutilated. control) legal tender,
mere holding of cannot be
false/mutilated 2nd mode: 2. Actually considered as
coin with intent to 1. actually uttering uttering such “mutilated”)
utter 2. knowledge of false/mutilated
falsity/mutilation coin, knowing the
same to be
false/mutilated
ART 166 ART 169 1. Forging or OFFENDER: Any Can also be a. Obligation or Falsification of PNB NOTES & OTHER
FORGING, falsification of person committed by: security issued by checks are OBLIGATIONS AND
IMPORTING, FORGERY – giving treasury or bank the Gov’t commercial SECURITIES THAT
UTTERING to a treasury/bank notes or other - Using genuine b. Circulating note documents MAY BE
treasury or bank note or to order documents bank notes issued issued by any punished under FORGED/FALSIFIED
notes or other the appearance of payable to the by Phil Gov’t (Del banking Art 172 in :
documents a true and bearer Rosario v Ppl) association duly connection with 1. Treasury or
payable to the genuine docu 2. Importation of authorized by law Art 171 bank notes
bearer - used for such false/forged - Giving to issue the same 2. Certificates
falsification and obli or notes appearance of c. Document 2. Other
counterfeiting of 3. Uttering of such true and genuine issued by a foreign obligations and
treasury or bank false/forged obli or documents to gov’t securities, payable
notes or any notes in otherwise genuine d. Circulating note to the bearer
instruments connivance with paper bills or bill issued by a
payable to the forgers or withdrawn from foreign bank duly Punished more
order/bearer importers circulation (Ppl v authorized to severely than
Galano) issue the same counterfeiting of
FALSIFICATION – coins because
erasing, tends to bring
substituting, such documents
counterfeiting or into discredit and
altering by any produces lack of
means, the confidence on the
figures, letters, part of holders to
words or signs the prejudice of
contained the interest of
- used for 8 acts in society and of the
A 171 State
ART 167 1. Instrument REASON: maintain Connivance not Limited to
COUNTERFEITIN payable to order the integrity of the required if the instruments
G, IMPORTING, or other document currency and thus utterer is the payable to order,
UTTERING of credit not insure the credit forger negotiated by
instruments not payable to bearer standing of the indorsement and
payable to the 2. Offender either Gov’t and prevent delivery
bearer FORGED, the imposition on
IMPORTED or the public and
UTTERED such gov’t of worthless
instrument notes and
3. In case of obligations
uttering, he
connived with the
forger or importer
ART 169 1. payable to 1. Using Person in Possession is not a
POSSESSION, bearer, payable to forged/falsified possession of criminal offense, it
USE order or not instruments falsified/forged is possession with
false treasury or payable to bearer instrument and intent to use.
bank notes is forged or 2. Possessing with who uses same is
falsified by intent to use any presumed to be
another person of such the material
2. Knows that any false/falsified author of
of those instruments falsification,
instruments is unless there be
forged/falsified satisfactory
3. Performs any of explanation of
these acts: possession of
- using forged bills
- possessing with
intent to use
ART 170 1. That there be a Alteration of bills, There is a genuine If the meaning
FALSIFICATION bill, resolution or ordinance or ordinance. was not changed,
of legislative ordinance enacted resolution and Fabricated or punished either
docu or approved or changed its simulated under Art 171 or
pending approval meaning legislative Art 172.
by either House or document is not
any prov/muni covered.
council
2. Offender alters
the same
3. He has no
proper authority
therefor
4. Alteration
changed the
meaning of the
document
ART 171 1. Offender is a 1. counterfeiting or imitating any handwriting, signature or rubric OFFENDER: COMPLEXED WITH: Document – any
FALSIFICATION puboff/employee - intent to imitate, or attempt (inferred from sufficient resemblance) - Public Estafa (Ppl v written statement
by pub off etc - some resemblance between genuine and forged (need not be perfect) off/employee Villalon) by which a right is
of pub docu 2. Takes 2. causing it to appear that persons have participated in any proceeding when - Notary public Theft established or an
advantage of his they did not in fact so participate - Ecclesiastical Malversation obligation is
REASON: protect official position - imitation of signature not necessary, if by PRIV INDIV, Art 172 applies minister (with - before falsified extinguished
interest of the 3. Falsifies a 3. attributing to persons who have participated in an act or proceeding statements respect to any docu is used to - a writing or
community which document by other than those in fact made by them record or defraud another, it instrument by
is intended to be committing any of 4. making untruthful statements in a narration of facts document of such is consummated. which a fact may
guaranteed by the the acts in the a. narration of facts, not conclusion of law character that its (e.g. Estafa thru be proven or
strictest right  b. legal obligation to disclose the truth (required by law) falsification of falsif of pubdocu, affirmed
faithfulness of the 4. If ecclesiastical c. absolutely false, no colorable truth in statements which affects civil Theft thru falsif of
officials charged minuter, affect the d. wrongful intent of injuring a 3P, no falsification if in good faith -> can be status of persons) ofcial docu, Estafa Genuine
with the civil status of the committed by omission thru falsif of coml. document is
preparation and person 5. altering true dates Private persons Docu by reckless needed in:
preservation of - date must be essential (e.g. birth, marriage, death) who conspire with imprudence, - Par 3, Par 6, Par
the acts in which Intent to gain or 6. making any alteration (change) or intercalation (insertion) in a genuine the offenders Malversation thru 8 Par 7
they intervene cause damage is document which changes its meaning listed above is falsif of pub docu) - document is
not necessary in - if speaks the truth, not falsification but correction (Cabigas v Ppl) also guilty of the executed with
public document 7.issuing in an authenticated form a document purported to be a copy of an same crime UNLIKE in private intervention of a
original document when no such original exists OR including in such a copy a document wherein publ off/emp,
 statement contrary to, or different from that of the genuine original Generally, the damage is not notary public
- presupposes “taking advantage of position,” committed during the preparation falsification has no caused directly by
stage attempted or falsification but by Documents may
8. intercalating any instrument or note relative to the issuance thereof in a frustrated stage. estafa itself be
protocol, registry or official book Consummated the simulated/fabricat
moment genuine FALSIFICATION ed
is altered or the thru reckless
false docu is imprudence only
executed. Does for public docu
not matter if and not priv docu
offender did not (malice is needed
achieve his in priv docu which
objectives. negates
imprudence)
ART 172 Par 1 1. Offender is a Committed any of OFFENDER: Committed in a: INTENT TO CAUSE Possessor of
FALSIFICATION pvt indiv or puboff the acts of falsif in - Private individual - Public document DAMAGE NOT falsified is
by private indiv who did not take Art 171 - Public officer who (exigencies of pub NECESSARY bec presumed to be
advantage did not take service or pub pubdocu and what the author of falsif
2. Committed advantage of his ofc’s intervention) is punished is UNLESS:
A171 position - Official document violation of public
3. Public, official, (in the exercise of faith and the
commercial docu the fxn of his ofc) destruction of the
or letter of - Commercial truth as therein
exchange document solemnly
- Letter of proclaimed
Criminal intent exchange
or malice still
necessary
ART 172 Par 2 1. Offender is any CONCURRENCE OFFENDER: Any Committed in a: PUB DOCUMENT
FALSIFICATION person, commit OF: person - Private document v PVT
of private docu 171 except Par 7 - Committed any (executed by indiv DOCUMENT
2. Committed in of the acts of falsif without Damage or intent
any priv document in Art 171 except intervention of to cause damage
3. Falsif caused Par 7 public officials) to 3P not
damage to a 3P or - Performed an necessary in
at least intent to independent act Causes damage to PUBLIC but
cause such which operates to a 3P or at least the necessary in
damage the prejudice of 3P falsif was PRIVATE. As a
 damage need committed with result of which
not be material intent to cause complexing of
damage falsified private
document is NOT
possible. The
damage is not
caused by
falsification but by
estafa. Must exist
with its own
element of
damage.
ART 172 Par 3 1. Offender knew 1. Introduced in OFFENDER: Knows Introduced in any
USE OF FALSI that the docu is judicial that the document jud proceeding
DOCU falsi by another proceedings is falsified by
person (damage not another person Damage is not
2. False docu is necessary) necessary for
embraced in A171 2. Introduced in If offender is also judicial
or A172 (1 or 2) non-judicial the author of proceeding, but
3. Introduced said proceedings falsification, “use” necessary for
docu in evidence (damage is is not punished as other transactions
in any judicial necessary, but separate crime
proceeding immaterial if
4. Damage not PUBLIC document) USER DEEMED
necessary THE AUTHOR IF:
1. use was so
OTHER TRANS: closely connected
1. Offender knew in time with the
that the docu is falsification
falsi by another 2. user had the
person capacity of
2. False docu is falsifying the
embraced in A171 document (Ppl v
or A172 (1 or 2) Sendaydiego)
3. Used such docu
(not in
judproceed)
4. Use caused
damage to
another or at least
intent to cause
such damage
ART 177 USURPATION OF: OFFENDER: Any PC Min and Med
USURPATION Authority – person including
falsely public officials
representing
oneself to be an
officer, agent, or
representative of
any dept. or
agency of the Phil
Gov’t or foreign
gov’t
- functions;
offender has no
connection with
the office he
represents

Official
functions –
performing any
act pertaining to
any person in
 authority or puboff
of the Phil Gov't or
of a foreign gov’t
or any agency
therof, under
pretence of official
position, without
being lawfully
entitled to do so
- excess of
authority; has
connection with
the office but acts
done not part of
his functions

ART 178 1st mode: 1. Using fictitious FORM 1 publicly CAUSING COM ACT 42:
USING 1. Offender uses a names publicly FORM 2 not DAMAGE: Regulates the use
FICTITIOUS name other than publicly Public interest: of aliases
NAME his real name 2. Concealing true Fictitious name - Difference in
2. Uses the name (Art 178) purpose and
fictitious name Private interest: manner (publicly)
publicly (e.g. Estafa (Art 315 Par - Use of alias
passport) 2a) allowed if for
3. Purpose is to literary, cinema,
- conceal a crime TV, radio or other
- evade execution entertainment
of a judgment purposes and in
- cause damage athletic events

2nd mode:
1. Offender
conceals his true
name and other
personal
circumstances
2. Purpose only is
to conceal his
identity
ART 179 1. Offender makes Use IUD of: OFFENDER: Any Exact imitation of
ILLEGAL USE OF use of insignia, - Office not held person IUD is not
UNIFORMS OR uniform, or dress - Class of which he necessary
INSIGNIA 2. The insignia, is not a member
uniform or dress RA 75 punishes
pertains to an Publicly unauthorized
office not held by wearing of UID or
the offender or to Improperly regalia of a foreign
a class of persons state, or one
of which he is not nearly resembling
a member the same with
3. That said IUD is intent to
 used publicly and deceive or
improperly mislead

RA 493 insignia,
badge or emblem
of rank of the
members of the
AFP or PC or any
colorable imitation
thereof; not
applicable in
plays, movies or
theaters
FALSE 1. There be a ART 180 – OFFENDER: ART 180 – PENALTY of Art Rectification made
TESTIMONY criminal Against Liable even if his Against 180 depends on spontaneously
IN CRIMINAL proceeding Knowingly giving a testimony was not Defendant must the penalty after realizing the
FT against considered by the be sentenced to: imposed upon the mistake is not FT
False Testimony Art 180 defendant in crim court 1. correctional defendant
is committed by 2. Offender pro penalty
persons who, testifies falsely REASON: law 2. fine PENALTY of Art
being under oath under oath against ART 181 – In punishes the false 3. acquitted 181 based on
and required to defendant favor witness even if potential penalty
testify as to the 3. Offender who Knowingly giving a defendant in ART 181 – In
truth of a certain gives FT knows it FT in favor of principal case is favor
matter at a is false defendant in crim acquitted, punish - Conviction not
hearing before a 4. Defendant pro the mere giving of necessary
competent against whom FT FT - FT need not
authority, shall is given is either REASON (181): not benefit the
deny the truth or acquitted or because of the ART 181 may also defendant
say something convicted in an FJ effect it actually apply to defendant - Expert statement
contrary to it. produces, but who falsely is a mere opinion
Art 181 because of its testified on his and not FT
2. Offender tendency to favor own behalf (esp.
testifies falsely or prejudice the falsely impute to
under oath in defendant other persons
favor the
defendant 3.
Offender who
gives FT knows it
is false
4. Trial need not
be terminated
ART 182 1. Testimony given Knowingly giving Applies to ordinary Penalty depends
FALSE in civil case FT in a civil case civil cases; not to on the amount of
TESTIMONY IN 2. FT relate to the special controversy
CIVIL issues presented proceedings
in said case
3. Testimony is
false
4. Offender knows
testimony is false
 5. Testimony is
malicious and
intent to affect
the issues
presented in the
case
ART 183 1. Made a 1. Falsely Willful and Other cases e.g. AM max – PC min SUBORNATION OF
FALSE statement under testifying under deliberate before justice of PERJURY:
TESTIMONY oath or executed oath (not in a assertion of the peace, fiscal knowingly and
IN OTHER CASES an affidavit upon a judicial falsehood during preliminary willfully procuring
(Perjury) material matter proceeding) investigation another to swear
(main fact which is falsely and the
Oath – form of the subject of the 2. Making false JUDPRO – actual witness suborned
attestation by inquiry) affidavit trial wherein does testify under
which a person 2. S or A made judgment of circumstances
signifies that he is before a conviction or rendering him
bound in competent officer, acquittal is gulty of perjury
conscience to authorized to rendered
perform an act receive and
faithfully and administer oath Good faith or lack
truthfully. 3. Accused made a of malice is a
willful and defense in perjury
Affidavit – sworn deliberate
statement in assertion of No perjury through
writing, a falsehood imprudence or
declaration in 4. Sworn S or A negligence
writing, made containing falsity
upon oath before is required by law
an authorized
magistrate or
officer
ART 184 1. Offender offers Knowingly offering OFFENDER: Any Judicial or official FT if judicial If induce the
OFFERING FALSE in evidence a false in evidence a false person proceeding proceeding witness, Art 180,
TESTIMONY IN witness or testimony in any 181, 182 or Art
EVIDENCE testimony judicial proceeding Perjury if other 183 in relation to
2. Knows that than judicial Art 7, Par 2 will
witness/testimony Does not induce a proceeding apply
is false witness to testify
3. Offer is made in
a judicial or official
proceeding
ART 185 1. Public auction 1. Soliciting any OFFENDER: Any Public auction Mere attempt PC min and fine “Other artifice”
MACHINATIONS 4. Intent to cause gifts or promise as person wherein the Gov’t consummates the 10-50% of the e.g. telling them
IN PUBLIC the reduction of a consideration for is the seller, not crime value of the thing that public bidding
AUCTIONS the price of the refraining from on acquisition of auctioned would not be held
thing auctioned taking part in the property nor at the time to
auction procurement make them go
1st mode: 2. Attempting to away, knowing
2. Offender solicits cause bidders to that the bidding
any gift or a stay away from an would not be
promise from any auction by threats, postponed.
 of the bidders gifts, promises or
3. Gift or promise any other artifice
is the
consideration for
his refraining from
taking part in that
public auction

2nd mode:
2. Cause the
bidders to stay
away from public
auction
3. Done by
threats, gifts,
promises or any
other artifice

TITLE FIVE: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

RA 9165 PURPOSE: jail pushers, save users
DIFFERENT CLASSES OF ACTS PUNISHED:
1. Manufacture, importation, sale – manufacture, importation, selling, administering, dispensing, delivering, giving away, distributing, dispatching, transporting (of
jDD, precursor and equipment)
2. Possession, use (of DD, precursor, equipmen, instrument, apparatus, other paraphernalia for drug use, where use = smoking, consuming, administering,
injecting, ingesting, introducing into the body; penalty on possession depends on the amount of substance possessed)
3. Maintenance of a den (employees and visitors of den are liable)

KINDS OF SUBSTANCE PROHIBITED:

1. Dangerous drugs
2. Controlled precursor – ingredients for manufacture of dangerous drugs
PENALTIES:
1. Pushers: 1st offense – jail
2. Users: 1st offense – rehab, 2nd offense – jail
3. Elective local or noational official – remove from office and perpetual disqualification from public office (elective and appointive)
a. Benefited from proceeds of the trafficking of DD
b. Received any financial or material contributions or donations

HIGHER PENALTY GIVEN IF

1. acts under class 1 transpire within 100 km from school
2. drug pushers use minors or mentally incapacitated as runners, couriers, and messengers or in any other capacity
3. victim of acts under class 1 is a minor/mentally incapacitated
4. offender manages or acts as financier for act under class 1
5. clandestine laboratory for manufacture is secured by booby traps
6. laboratory is within 100 m from residential, business, church, or school premises
7. clandestine laboratory is concealed with legitimate business operation
8. employment of a practitioner, chemical engineer, public official, or foreigner
9. possession/use is in a company of at least 2 persons (pot session)
 10. dangerous drugs is administered in a den to a minor
11. use of the drug is the proximate cause of the death of a person using such den, dive, resort
12. offender organizes, manages or acts as a financier of the den

PRIMA FACIE EVIDENCES/PROOF:

1. presence of precursor OR laboratory equipment in a clandestine laboratory = manufacture of dangerous drug
2. possession of EIAO = smoked, consumed, administered to himself/herself, injected or used a DD, presumed to have violated Sec 15

ADMINISTRATIVE FRAMEWORK:

Dangerous Drug Board – policy-making and strategy-formulating body; decides on adding/deleting substances from the current list of dangerous drugs and
precursors
Philippine Drug Enforcement Agency – implementing arm of the DDB responsible for the efficient and effective law enforcement of all the provisions of the Act;
takes custody of all items confiscated
Department of Health – in charged for accreditation of drug testing laboratories and issuance of special prescription paper for practitioners who use DD
DepEd, CHED, TESDA – cause the development, publication, and distribution of info an support educational materials
DILG, NYC, DSWD – establish in each of its provincial office a special drug education center of out of school youth
DSWD – in charged of accreditation of civil organization under which a drug dependent discharged shall undergo community service

DRUG TESTING:
Mandatory:
1. Applicants for driver’s license
2. Applicants for firearm’s license and for permit to carry firearms outside residence
3. Officers and members of the military, police, and other law enforcement agencies
4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than 6 yrs and 1 day
5. All candidates for public office whether appointed or elected both in the national or local government
Random:
1. Students of secondary and tertiary schools – expenses for both public and private born by the government
2. Officers and employees of or public and private offices – ground for termination

TITLE SIX: CRIMES AGAINST PUBLIC MORALS

ART 195 Only illegal if not 1. Taking part directly and indirectly in: LOI 816 exclude
GAMBLING allowed by law a. any game certain prohibited
(e.g. PAGCOR, b. exploitation of any mechanical invention or contrivance to games under PD
Gambling – any PCSO, Lotto), but determine by chance the loser or winner of money or object 1602
game or scheme, is “legal” if representative of value
whether upon sanctioned by the 2. Knowingly permitting any form of gambling to be carried When exclusively
chance of skill, state on in any place owned or controlled by the offender intended for home
wherein wages 3. Being maintainer, conductor, or banker in a game of entertainment or
consisting of REASON: Repress jueteng or similar game parlor games:
money, articles or an evil that 4. Knowingly and without lawful purpose, possessing lottery 1. Domino
value of repress of undermines the list, papers or other matter containing letters, figures, signs 2. Bingo
value are at stake social, moral and or symbols which pertain to or are in any manner used in the 3. Mahjong
or made (money, economic growth game of jueteng or any similar game 4. Poker (not
game or services) of the nation played with five
ART 198 1. Betting on DAYS ALLOWED: card stud)
ILLEGAL horse races during 1. Sundays 5. Cuajo
BETTING ON periods not not 6. Pangguingue
 HORSE RACES allowed by law reserved
2. Maintaining or 2. 24
employing a Saturdays
totalizer or a 3. Legal
device or scheme holidays
for betting on except
races or realizing those
profit therefrom enumerate
during the periods d above
not allowed by law
NOT ALLOWED:
1. Independe
nce Day
2. Rizal Day
3. Registratio
n or Voting
Day
4. Holy
Thursday
5. Good
Friday
ART 200 1. Offender OFFENDER: Any Committed in a
GRAVE performs an act or person public place
SCANDALS acts
2. Such act or acts Or
be highly
scandalous or Within public
offending against knowledge or view
decency or good
customs
3. Highly
scandalous
conduct is not
expressly falling
within any other
article of this code
4. Act/s
complained of be
committed in a
public place or
within the public
knowledge or view
ART 201 1. Publicly
IMMORAL expound or
DOCTRINES, proclaim doctrines
OBSCENE openly contrary to
PUBLICATIONS public morals
AND 2. Writing,
EXHIBITIONS publishing, and
selling obscene
Moral – literatures
 conformity with 3. Exhibiting
the generally indecent or
accepted immoral plays,
standards or scenes, acts, or
goodness or shows
rightness in 4. Selling, giving
conduct or char, away, or
sometimes, exhibiting films,
specifically to prints, engravings,
sexual conduct sculptures, or
literature which
are offensive to
morals
VAGRANCY OFFENDER: Any person who PD 1563
1. Has no apparent means of subsistence, with physical MENDICANCY
ability to work but fails to apply to lawful calling LAW OF 1978
2. Loitering in public or trampling without visible means of
support RA 9208
3. Idle or dissolute person who lodges in house of ill-fame ANTI-HUMAN
4. Ruffian, pimps and those who habitually associate with TRAFFICKING
prostis ACT
5. Prostitutes – sexual intercourse/ lascivious conducts for
money or profit

TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS

ART 203 WHO ARE PUBLIC OFFICERS:
1. Taking part in public functions in the Gov't OR performing in said Gov't public duties as an employee, agent, or subordinate ofcial of any rank or class
2. Authority to take part in performance of public functions or perform public duties
- by direct provision of law
- by popular election
- by appointment by competent authority

MISFEASANCE improper performance of some act which NONFEASANCE omission of some act which ought to be MALFEASANCE performance of some act which ought not to
might have been lawfully done performed be done
Art 204 Knowingly rendering unjust judgment Art 208 Dereliction of duty in prosecution of offenses Art 210 Direct Bribery
Art 205 Rendering judgment through negligence (manifestly – Maliciously refraining from instituting prosecuting against Art 211 Indirect Bribery
unjust) violators of law Art 211A Qualified Bribery
Art 206 Rendering unjust interlocutory order – Maliciously tolerating commission of offense
Art 207 Malicious delaying in administration of justice – Malice: deliberate intent to favor the violator of the
law

BRIBERY AND ART 210 ART 212 ART 211-A QUALIFIED: suffer 210 v 211 Accepts an offer
CORRUPTION OF Accepts an “offer” or a poromise, or Punishes the Offender is a puboff: the penalty for the - Both puboff – means that the
PUBLIC receives a gift or present by himself or person who - entrusted with law offense which was receives bribe need not be
OFFICIALS through another to: makes offers, enforcement, not prosecuted something actually received
– Commit some crime (malfeasance) promises or gives - refrains from - DB agreement
– Execution of a act not a crime, in gift or presents to arresting/prosecutin exists between ART 211 based
puboff g puboff and giver; largely on motive,
connection with his official duty
 and unjust (misfeasance) - offender who IB no agreement hence difficult to
– Refraining to do what he is committed RP and/or - DB agrees to prove
officially required to do death perform, performs
(nonfeasance) - in consideration of or refrains from Usually proved by
any offer, promise, doing something; evidence acquired
ART 211 gift or present IB not necessary in entrapment
Receiving a gift offered by reason of to do anything as
his public office long as by reason
of his ofc
RA 1379 Unlawful acquisition of property RA 6713
Forfeiture Law - concealment of ownership Code of Conduct
- transferred after effectivity of this Act and Ethic Std for
Property donated to him during incumbency, unless satisfactorily prove that Public Officers &
otherwise lawful Employees
RA 3019 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation RA 7080 Plunder Law
Anti-Graft & of rules and regulations duly promulgated by competent authority or an offense in connection with
Corrupt the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit
Practices Act such violation or offense
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. 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
10. 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
 11. 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
MALVERSATION COMMON ART 217 OFFENDER: Public At the time Damage not Received money
aka ELEMENTS 1. APPROPRIATING officer entrusted property or fund necessary without authority
Embezzlement 1. Public officer 2. TAKING and with public was to be and
2. Entrusted with MISAPPROPRIATIN funds/prop accounted, he Penalty depends misappropriated,
custody or G - Nature of the failed to do so. on amount ESTAFA
controls of Gov’t 3. CONSENTING, duties of puboff, Even if officer did involved, not
funds/property by thru not the name of not gain from it as amount of
reason of his ofc abandonment or office is long as the fund damage
3. Accountable negligence, controlling was spent not for
4. Appropriated, permitted other - If only qualified its purpose
took, person to take it charge, without
misappropriated, authority to part REBUTTABLE BY
consented thru ART 218 Failure with physical satisfactory
abandonment or to render possession evidence of loss
negligence, accounts (caretaker status), or robbery
permitted another - Misappropriation not liable for committed by a
person to take is not necessary malversation person other than
them the accused
ART 219 Failure Pvt ind in
to render conspiracy with Replacement of
accounts before puboff also liable money does not
leaving the extinguish, only
country ART 222 mitigate
1. Pvt indiv who
ART 220 Illegal has charge in any
use of public capacity
funds/prop whatsoever
2.
ART 221 Failure Admin/depository
to make delivery of funds attached,
of public seized or
funds/prop deposited private
– Refusal property
(malicious)
– Failure to pay
INFIDELITY IN ART 223 OFFENDER: puboff Art 225 not Leniency or laxity
THE CUSTODY Consent to escape who has custody applicable when is not infidelity
OF PRISONERS of the prisoner or charge of same person who
Connivance – prisoner made the citizen’s
agreement arrest set him free
between prisoner ART 225 Custody
(FJ & det) and of person not a
puboff puboff
- consents
ART 224 Evasion - thru negligence
through
negligence LIABILITY OF
Definite laxity FUGITIVE:
 amounting to non- FJ – evasion of
performance of service (Art 157)
duty Detention – no
liability

TITLE EIGHT: CRIMES AGAINST PERSONS

ART 246 ESSENTIAL OFFENDED PARTY: Can be committed Cases a person Stranger
PARRICIDE ELEMENT: - parents, children through reckless who committed cooperating in
relationship of not less than 3 imprudence or parricide not parricide, either
offender so it days old (legit or simple punished with RP MURDER or
must be alleged, illegit) imprudence/neglige to death: HOMICIDE
otherwise, only - other ascendants nce - Through DESTIERRO for the Applies only if
aggravating or descendants negligence (Art protection of the spouse is in
circumstance (legit) 365) defendant from flagrante delicto
- legit spouse - By mistake (Art victim’s relatives of ADULTERY, not
- only relatives in 249) RAPE
direct line AND by - Under
blood exceptional If less serious or
circumstances (Art slight physical
Does not require 247) injuries, no
knowledge of criminal liability
relationship

ART 247 REQUISITES: REASON: acting in OFFENDER: “Surprise”

DEATH OR 1. Legally married a justified “burst - Legitimate suddenly or
PHYSICAL person / parent of of passion” spouse unexpectedly
INJURIES under 18 yo living - Not necessarily
INFLICTED with him, legitimate parent “Immediately
UNDER surprised in the thereafter”
EXCEPTIONAL act of committing circums evidence
CIRCUMSTANCES sexual intercourse that the carnal act
with another has just been
person committed or is
2. Kills any or being committed
both, or serious
physical injuries in Killing is a direct
the act product of the
immediately or accused’s rage (Ppl
thereafter v Abarca)
3. Not
promoted/faci
prostitution of
wife/daughter OR
not consented to
infidelity
ART 248 KILLED ANOTHER UNDER THE FF CIRC: If not killed, RULES: By means of
MURDER 1. With (TTAEI) treachery, taking attempted or 1. Murder will poison is not
advantage of superior strength, aid of frustrated exist with only one always murder,
Murder – unlawful armed men, employing means to of the there must be
killing of any weaken the defense or means or If with treachery, circumstances intent to kill.
person which is persons to insure or afford impunity; still murder even if described in A248 Though it absorbs
not parricide or 2. In consideration of prize, reward, or without intent to kill - If >1, others treachery and
infanticide promise (hitman); E.g. killing a child of considered as evident
3. By means of inundation, fire, poison, tender years generic premeditation,
explosion, shipwreck, stranding of a aggravating circ. treachery only
vessel, derailment of or assault upon a 2. Other circ are applies to
railroad, fall of an airship, by means of absorbed or “attacks”
motor vehicles, or with the use of any included in one,
other means involving great ruin not generic e.g.
(Intent to kill is necessary only for TREACHERY
this circumstance) absorbs abuse of
4. On occasion of any of the calamities superior strength
enumerated in the preceding and aid of armed
paragraph, or of an earthquake, men; MURDER BY
eruption of a volcano, destructive POISON absorbs
cyclone, epidemic or other public treachery and
calamity premeditation
5. With evident premeditation; 3. Qualifying circ
6. With cruelty, by deliberately and must be alleged in
inhumanly augmenting the suffering of the information
the victim, or outraging or scoffing at otherwise generic
his person or corpse (ignominy) aggravating circ
ART 249 1. Someone was killed No frustrated One degree higher Evidence of intent
HOMICIDE 2. Accused killed without justifying circ homicide through if victim is 12 yo to kill important
(e.g. self-defense or defense of relative imprudence only in frustrated
Homicide – or stranger or any other in Art 11) and attempted
unlawful killing of 3. Had intent to kill, presumed Accidental stage
any person, which 4. Killing not attended by any of the homicide – death
is neither qualifying circ of murder or parricide or of person brought INTENT TO KILL
parricide, murder infanticide about by a lawful Shown by weapon
nor infanticide act performed and parts of the
with proper care victim’s body at
and skill, without which the weapon
homicidal intent was aimed, shown
by the wounds
inflicted
ART 255 1. Child was killed OFFENDER: Any Concealing Does not provide
INFANTICIDE - must be born alive and fully person dishonor not an for penalty, so it’s
developed and that it can sustain an element of either PARRICIDE
Infanticide – independent life infanticide, only or MURDER as the
killing of any child - must not be dead or although born mitigating as to case may be
less than 3 days of alive, could not sustain an independent mother or
age, whether the life when it was killed maternal
killer is the parent 2. Deceased child was less than 3 days grandparents
or grandparent, of age - only applicable
any other relative 3. Accused killed the said child to good reputation
of the child or and good morals,
stranger not to prostitutes

ART 256 1. Pregnant 1. By using any LIABLE: Fetus must die in REASON FOR If purpose of ABORTION v
 INTENTIONAL woman violence upon the 1. person who the consummated MITIGATING: parents was not to INFANTICIDE
ABORTION 2. Violence is person of the intentionally abortion; if fetus excited and conceal dishonor, Fetus must be
exerted pregnant woman caused survives, not obfuscated by the ART 256 applies able to sustain
Abortion – willful OR 2. woman is liable consummated fear of her independent life
killing of the fetus Drugs/beverages 2. By (A258) if dishonor being Other person with outside womb for
in the uterus OR is administered administering consented; made public, she consent, ART 256 infanticide to
the violent OR Acts upon such drugs or otherwise, not either practices occur
expulsion of the pregnant woman beverages - - By liable abortion upon
fetus from the 3. Result of acts in acting, but herself or consent
maternal womb 2, fetus dies, without using ART 258 that any other
which results in either in the violence, without Consented person does so, to
the death of the womb or after the consent of the abortion practiced erase the traces
foetus having expelled woman by of her mistake
therefrom - By acting with - woman herself
4. Abortion is the consent of the - other person
intended woman - parents for the
purpose of
concealing
dishonor

ART 257 1. Pregnant OFFENDER: must Violence – actual Can be complexed Man points gun
UNINTENTIONAL woman have known that physical force e.g. Unintentional and threatens to
ABORTION 2. Violence is used the of the victim’s abortion through kill woman,
upon woman, pregnancy Intentionally imprudence, abortion because
without intending exerted Homicide with of fear –THREATS
an abortion unintentional only
3. Violence No frustrated abortion, Parricide
intentionally unintentional with unintentional No intention to
exerted abortion abortion cause abortion, no
4. Result of violence, NO
violence, fetus CRIME
dies either in the
womb or after
having expelled
therefrom
ART 266 A-D 1st mode: CARNAL KNOWLEDGE OFFENDER: can Penetration, even Par 1 - RP If no sex, and only May be proved by
RAPE 1. Thru force, threat or intimidation now be male or partial is necessary RP to death acts of lewdness – the
2. Offended party is deprived of reason female - No frustrated rape A. use of deadly weapon OR two or ACTS OF LASCI uncorroborated
or OW unconscious - Attempted rape: more persons (Art 356) testimony of
3. By means of fraudulent machinations OFFENDED PARTY: intent to have B. *br OR oo of rape, victim became offended woman
or grave abuse of authority against male or carnal knowledge insane
4. Offended party is under 12 yo or female C. Rape is attempted, homicide is EFFECT OF
demented even if none of the circ Character of Force need not be committed MARRIAGE –
mention above be present woman is irresistible Mandatory death extinguish
2nd mode: SEXUAL ASSAULT immaterial in rape 1.  18, offender is parent, ascendant, criminal action or
1. Inserting penis into another person’s Intimidation stepP, guardian, rel by con or aff 3° the penalty
mouth or anal orifice PRESUMPTIONS: includes moral kind civil, common law spouse of parent imposed (actual
2. Inserting any instrument or object Evidences for 2. custody of police, mili or law enforce marriage, not
into another person’s genital or anal prosecution: Victim has no will. or penal institution mere promise)
orifice - Physical overt Cohabitation with a 3. in full view of the spouse, parent,
act manifesting feeble minded children, rel by con In case of legal
resistance against woman is rape 4. religious engaged in legitimate husband,
the rape religious vocation or calling and is subsequent
- So situated as to Under 12 yo is personally known by offender before or forgiveness is
render her/him statutory, cannot at the time of the rape enough. Not
incapable of give consent 5. 7 applicable if
giving valid 6. Afflicted with HIV/AIDS or any other marriage is VAI.
consent STD and the virus/diseases is (Implied presence
transmitted to the victim of “marital rape”)
7. Any member of AFP, PNP, paramili or
law enforcement agency or penal
institutions, offender took advantage of
his position to facilitate commission of
crime
8. br OR oo of rape, victim suffered
permanent physical mutilation or
disability
9. knew of pregnancy at the time of
ape
10.knew of mental disability, emotional
disorder or physical handicap of victim
at the time of rape
11. br OR oo, homicide is committed
(Rape with Homicide now a special
complex crime)

Par 2 – PM A. PM to RT
C. RT to RP Qualified: RT
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
ART 267 1. Offender is a CIRCUMSTANCES: OFFENDER: Private Actual demand for Ransom – money, price, consideration, If offender is Psychological
KIDNAPPING pvt individual 1. Lasts for >3 individual ransom is not paid or demanded for redemption of a puboff, ARBITRARY deprivation (Ppl v
AND SERIOUS 2. Kidnaps or days (not necessary captured person; a payment that DETENTION (Art Tomio)
ILLEGAL detains another, necessary when ART 268: also releases from captivity 124)
DETENTION or in any manner other circ present) applies to who Detention or ILLEGAL
deprives the latter 2. Committed by furnished the locking up is DEATH SENTENCE: If victim is minor DETENTION v
Intent to of his liberty simulating public place for essential, but not 1. purpose is to extort ransom and accused is ARBITRARY
deprive victim 3. Act of detention authority perpertration of necessary to be in 2. killed or dies as a consequence of one of the DETENTION
of his liberty or or kidnapping 3. Any serious phy crimes an inclosure detention parents, penalty is - ID by pvt indiv
purpose of must be illegal inju are inflicted 3. victim is raped in Art 271 who unlawfully
extorting 4. Commission of upon the victim OFFENDED PARTY: Restraint need not 4. victim is subjected to torture or (INDUCING A kidnaps or
ransom the offense, any of OR threats to kill Any person be permanent dehumanizing acts MINOR TO detains; AD by
BUT purpose is the ff circ is him are made ABANDON HOME) puboff/emp who
immaterial if any present  4. Minor, female or ART 268: (Privileged mitigating detains without
of the 4 circ is public officer circ) If intention is to legal ground
present - Voluntarily released offender within 3 deliver to proper - ID crime against
ART 268 Slight days from commencement of detention, authorities, personal liberty
illegal detention: - Without having attained purpose UNLAWFUL and security; AD
absent any of the intended, ARREST (ART 269) fundamental law
four circ - Before institution of crimproc - PM of the State
- Except when victim is a woman Not liable if lack of
motive to resort to
kidnapping
ART 270 1. Offender Deliberate failure Necessarily 270 v 267
KIDNAPPING entrusted with to return custody included in -270 Entrusted
AND FAILURE TO custody of minor of the minor to the Kidnapping and with custody; 267
RETURN A person (wheter parents or Serious Illegal not
MINOR over or under 7 guardian Detention under
but less than 21) Par 4 of Art 267
2. Deliberately
fails to restore
said minor to his
parents or
guardians

ABANDONMENT ART 276 ART 275 OFFENDED PARTY: Form 1: QUALIFYING IN

1. Offender has Failing to render Form 1: Uninhabited place 276
custody of child assistance to: In danger of dying Without detriment Death of the minor
2. Under seven 1. Uninhabited Form 2: resulted from
years place, wounded or Injured by abandonment
3. Abandons such in danger of dying, offender thru Life of the minor
child (permanent, capable of helping accident was endangered
deliberate) without detriment Form 3:
4. No intent to UNLESS more Under 7 as well as
kill, which cannot serious offense lost children
be presumed from (e.g. 276)
death of the child 2. Accidentally
 wounded or
injured
3. Under seven
years, found
abandoned, to
authorities or
family or safe
place

TITLE TEN: CRIMES AGAINST PROPERTY

ART 293 ROBBERY – taking of personal property belonging to another with intent to gain, by means of violence againstor intimidation of any person or with force upon things

ELEMENTS:
1. Unlawful taking (depriving the offended party of the ownership of the thing taken with character of permanency)
Complete when:
VAoI – gains possession even if no opportunity to dispose
FUT – opportunity to dispose
2. Personal property – if real property USURPATION ART 312)
3. Belonging to another (against the will)
4. With intent to gain (presumed from the unlawful taking) – ABSENT this element, only GRAVE COERCION (Art 286)
5. By means of violence against or intimidation upon persons OR force upon things – ABSENT this element, the crime is THEFT

VIOLENCE AGAINST OR INTIMIDATION OF FORCE UPON THINGS

PERSONS
Taking is always robbery Robbery only if used either to:
– enter buildings (Art 299)
– break doors, wardrobes or chests or any kind of receptacle
inside the building, force them open outside after taking the
same from the building (Art 302)
Value of personal property is immaterial Inhabited house, public bldg, edifice devoted to religious worship
PENALTY depends on: – Value of property taken
– Result of violence used – Carrying arms
– Existence of intimidation In uninhabited bldg
– Only on value of property taken
To qualify Robbery with force upon things To qualify Robbery with violence against or intimidation
(Art 299) It must be committed in an uninhabited place OR by a band (Art.
It must be committed in uninhabited place AND by 295)
a band (Art 300)

ART 297 ATTEMPTED & FRUSTRATED ROBBERY UNDER CERTAIN CIRCUMSTANCES

Homicide is committed, punished by RT max to RP unless qualified to MURDER or PARRICIDE.
When no overt acts of robbery, only crime against persons
Art 48 applies: Attempted or frustrated robbery with serious physical injuries

ART 294 Violence against or intimidation upon persons

Special complex crimes in Robbery “On the occasion” and “by reason” mean that homicide or serious physical injuries must be committed in the course or because of the robbery.
ROBBERY WITH Separate offenses when not committed “on the occasion” or “by reason”,
HOMICIDE (Par Intent to gain must precede the killing YET homicide (overt act) may take place before actual robbery.
1) To be considered as one offense, there must be direct connection between killing and robbery (e.g. eliminate obstacle, escape after commission)
General term which includes parricide and murder (no such things as Robbery with Murder)
Regardless of who killed who
When homicide not proved, only robbery, and vice versa
ROBBERY WITH Even if committed in another place, still robbery with rape.
RAPE (Par 2) As long as rape is not the primary objective, it is still robbery with rape.
Robbery with rape committed by two or more persons – qualified to death.
No such thing as robbery with attempted rape
ROBBERY WITH ART 295 ROBBERY IN BAND Qualifying circ (maximum periods) – cannot be offset by generic mitigating circ
PHYSICAL 1. Uninhabited place
INJURIES (serious 2. By a band i.e. more than 3 armed malefactors (proof of conspiracy no longer necessary in a band)
physical injuries 3, 3. Attacking a moving train, street car, motor vehicle, airship
unnecessary 4. Entering passengers’ compartment taking by surprise
violence and 5. Street, road, hiway, alley and intimidation is made with the use of firearms (licensed or unlicensed)
intimidation 4,
Not applicable to Par 1 and 2 but still, band is appreciated as generic aggravating circ under Art 14 (no crime as Robbery with Homicide in Band)
simple robbery 5)
Qualifying to the qualifying circ – use of unlicensed firearm (ART 296)
Requirement: member of the band, did not prevent or attempt to prevent the assault, present at the commission of robbery
ART 298 ELEMENTS:
EXECUTION OF 1. Intent to defraud another
DEEDS BY 2. Compels him to sign, execute, or deliver any public instrument or document
MEANS OF 3. Compulsion is by means of violence or intimidation
VIOLENCE OR Not applicable if the document is void
INTIMIDATION If under obligation to sign, no robbery. If violence is used, COERCION.
ROBBERY BY ART 299 Inhabited house (any vessel, shelter, ship constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent
THE USE OF therefrom when robbery was committed), public building (every bldg owned by the Gov't or belong to pvt persons but used or rented by the Gov't although
FORCE UPON temporarily occupied by the same), edifice devoted to religious worship and their dependencies (interior courts, corrals, etc contiguous to the bldg or edifice,
THINGS having interior entrance connect therewith and form part of the whole) – Def from ART 301

SUBDIVISION A
Entrance was effected by any of the ff means:
1. Through an opening not intended for entrance or egress
2. Breaking any wall, roof, floor or breaking any window or door – outside walls because the purpose is to enter the house
3. By using false keys, picklocks or similar tools – genuine keys stolen, not thru force or intimidation from the owner or any keys other than those intended by the
owner for use in the lock forcibly opened by the offender (ART 305)
4. By using any fictitious name or pretending to exercise of public authority – not included in Art 302
Once inside the bldg, offender took personal property belonging to another with intent to gain

SUBDIVISION B
Offender is inside the said infrastructure, regardless of circumstances which he entered it
Offender takes personal property belonging to another with intent to gain, under any of the ff circumstances:
1. Breaking of doors, wardrobes, chests or any other kind of locked or sealed furniture or receptacle
2. Taking such furniture or objects away to be broken or forced open outside the place of robbery

ART 302 Uninhabited place (means building because you’ll have to effect entrance) or in a private building
1. Entrance was effected through an opening not intended for entrance or egress
2. A wall, roof, floor, or outside door or window was broken
3. Entrance was effected through the use of false keys, picklocks, or other similar tools
 4. Door, wardrobe, chest or any sealed or closed furniture or receptable was broken
5. A closed or sealed receptacle was removed even if the same be broken open elsewhere – includes intent to open it by force
Offender took from there personal property belonging another with intent to gain
RA 6539 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 force
CARNAPPING upon things
ART 306 Committed by more than three armed persons (at least four) who form a band of robber for the PURPOSE:
BRIGANDAGE – of committing robbery in the highway
– kidnapping persons for the purpose of extortion or obtain ransom
– other purpose to be attained by means of force and violence
PRESUMPTION: all of the robbers are brigands if any of them carries an unlicensed firearm

BRIGANDAGE ROBBERY IN BAND

Purpose 1. commit robbery in hiway
2. kidnap persons for extortion or
ransom
3. any other purpose by means of
violence or force
Proof Mere formation of a band for any of
the purposes above is sufficient 
there is no requirement that brigands
consummate the crime
Commit robbery and not necessarily in
a hiway
It is necessary to prove that the band
actually committed robbery
conspiracy to commit robbery is not
punishable

PD 532 Brigandage in RPC

Crime must be committed Mere formation of band is punishable
Acts are punished Forming of the band is punished
1 malefactor will suffice At least 4 malefactors
No preconceived target Pre-conceived victim
Proof of prior robberies required Proof of prior robberies not required

ART 308 1ST mode There is no frustrated theft

THEFT 1. with intent to gain If possession was only material or physical, the crime is THEFT. If possession was juridical, crime is
2. without violence or intimidation against persons ESTAFA.
3. nor force upon things
4. take personal property of another ROBBERY: against the will THEFT: consent is lacking
5. without the latter’s consent
BASIS OF PENALTY (ART 309)
2nd mode – not limited to actual finder 1. Value of the thing stolen
1. found lost property 2. Value of the nature of the property taken
2. fail to delivery the same to local authorities or to its 3. Circumstances or causes that impelled the culprit to commit the crime
owner
Necessary to prove the following in order to establish theft by ART 310 QUALIFIED THEFT
failure to deliver or return lost property: 1. Domestic servant – always qualified
1) Time of the seizure of the thing 2. Grave abuse of confidence – proof of relation by reason of dependence, guardianship,
2) It was a lost property belonging to another; and vigilance
3) That the accused having had the opportunity to return 3. Motor vehicle, Mail matter (If a private individual took a letter containing postal money order
 or deliver the lost property to its owner or to the local
authorities, refrained from doing so.
3RD mode
1. maliciously damages the property of another
2. remove or make use of the fruits or object of the
damage caused by them
it is QUALIFIED THEFT. If it was the postmaster, to whom the letter was delivered, the crime
would be INFIDELITY IN THE CUSTODY OF DOCUMENTS), Large Cattle
4. Coconuts taken from premises of plantation
5. Fish taken from a fishpond or fishery
6. Taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity
vehicular accident or civil disturbance

4th mode
1. entered an enclosed estate or field
2. trespass is forbidden
3. without the consent of owner, hunt or fish or gather
same fruits

TITLE ELEVEN: CRIMES AGAINST CHASTITY

ADULTERY
CONCUBINAGE
ACTS OF
LASCIVIOUSNES
S
CHILD
PROSTITUTION
QUALIFIED
SEDUCTION
ABDUCTION;
FORCIBLE
ABDUCTION
WITH RAPE
CONSENTED
ABDUCTION
ACTS OF
LASCIVIOUSNES
S WITH
CONSENT
PROSECUTION
OF PRIVATE
OFFENSES

TITLE TWELVE: CRIMES AGAINST CIVIL STATUS OF A PERSON

SIMULATION OF
BIRTHS
BIGAMY

TITLE THIRTEEN: CRIMES AGAINST HONOR

LIBEL
SLANDER
SLANDER BY
DEED
INCRIMINATING
AN INNOCENT
PERSON
RA 4200
WIRETAPPING

TITLE FOURTEEN: QUASI-OFFENSES

CRIMINAL
NEGLIGENCE

COMPARISONS

Piracy
Mutiny
Hijacking
Robbery in High Seas

Espionage
CA 616

Rebellion
Insurrection
Coup d’Etat
Sedition

Grave threats
Grave coercion

Rape
Acts of Lasciviousness
Qualified Seduction
Simple Seduction
Forcible Abduction
Consented Abduction

Estafa
Robbery
Theft