REVISED PENAL CODE

OF THE PHILIPPINES
ACT NO. 3815
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)
BOOK TWO
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
The Crimes against National Security are:
1. Treason (Art. 114)
2. Conspiracy and proposal to commit treason (Art. 115)
3. Misprision of Treason (Art. 116)
4. Espionage (Art. 117)
5. Inciting to war or giving motives for reprisal (Art. 118)
6. Violation of Neutrality (Art. 119)
7. Correspondence with hostile country (Art. 120)
8. Flight to enemys country (Art. 121)
9. Piracy and Mutiny (Art 122, R.A. 7659)
10. Qualified Piracy (Art. 123 R.A. 7659)

Section One. Treason and espionage

Art. 114. Treason. Any person who, owing allegiance to (the United States or)
the Government of the Philippine Islands, not being a foreigner, levies war
against them or adheres to their enemies, giving them aid or comfort within the
Philippine Islands or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses
at least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason
as defined in paragraph 1 of this Article shall be punished by prision mayor to
death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O.
No. 44, May 31, 1945).
EXPLANATION:
A. Who can be liable for treason? Filipino citizens and Resident aliens.
B. What are the modes of committing treason?
1) by levying war ;
2) by adhering to the enemy by giving him aid or comfort.
C. Where can treason be committed? In the Philippines or Elsewhere.
D. What is Levying War? Actual assemblage of persons for the purpose
of executing a treasonable design. The war must be against the
government.
E. What is Adherence to the Enemy? That a citizen intellectually or
emotionally favors the enemy and harbors sympathy or conviction disloyal
to his country (Cramer vs. U.S. Supreme Court 918)
F. What constitute the act of giving Aid and Comfort? Partakes a deed
or Physical activity which may strengthen or tend to strengthen the enemy
of the government or tends to weaken the power of the government or the
country to resist or attack the enemies.
G. What are the pieces of evidence required for the conviction of Treason?
1) Testimony of at least two witnesses to the same overt act.
2) Confession of guilt in open court.

Art. 115. Conspiracy and proposal to commit treason; Penalty. The

conspiracy or proposal to commit the crime of treason shall be punished
respectively, by prision mayor and a fine not exceeding P10,000 pesos, and
prision correccional and a fine not exceeding P5,000 pesos.
EXPLANATION:
A. The two witness rule does not apply.
B. The punishable act here is conspiracy itself or the act of proposing to
commit the crime of treason.
C. This is a case wherein a person may be punished even without
committing the act of treason.
Art. 116. Misprision of treason. Every person owing allegiance to (the United
States) the Government of the Philippine Islands, without being a foreigner, and
having knowledge of any conspiracy against them, conceals or does not disclose
and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which he resides, as the case may
be, shall be punished as an accessory to the crime of treason.
EXPLANATION:
A. What are the elements of the crime?
1. The offender must owe allegiance to the government of the
Philippines;
2. The offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason against the
said government:
4. and he conceals or fails to disclose the same to the authorities in
which he resides.
Art. 117. Espionage. The penalty of prision correccional shall be inflicted
upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans,
photographs, or other data of a confidential nature relative to the defense
of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the
articles, data, or information referred to in the preceding paragraph,
discloses their contents to a representative of a foreign nation. The
penalty next higher in degree shall be imposed if the offender be a public
officer or employee.

EXPLANATION:
A. What are the elements of the first mode?
1) The offender without any authority enters a warship, fort, naval or
military establishment or reservation;
2) He obtains information, plans, photographs or other data of
confidential nature relative to the defense of the Philippines.
B. What are the elements of the Second mode?
1) The offender is public officer
2) He has in his possession the articles, data or information referred to
in the first mode of committing this crime; and
3) He discloses their contents to a representative of a foreign nation.
(Art. 117, par 2)
4) In the first mode of committing the felony, it is not necessary that
the offender succeeds in obtaining the information.
5) Acts of espionage punished under C.A. No. 616; (a) unlawful
obtaining of information relative to the defense of the Philippines or
to the advantage of any foreign nation; (b) the unlawful disclosing
of information relative to the defense of the Philippines, committed
in time of peace or in time of war; (c) disloyal acts in time of peace
like causing insubordination, disloyalty or mutiny in the Armed
Forces of the Philippines; (d) disloyal acts in time of war like
conveying false reports with intent to interfere with the operation of
the Armed Forces of the Philippines or willful obstruction to the
recruitment or enlistment of services; (e) conspiracy to violate any
of said acts; (f) harboring or concealing violators of the law; and
(g) photographing from aircraft of vital military information.
6) Treason distinguished from espionage treason is essentially a
war crime while espionage is committed in time of peace or war.
Ordinarily, treason is committed by a person owing allegiance to a
country, while espionage is generally committed by a foreigner.
The ways of committing both crimes are also distinct.
Section Two. Provoking war and disloyalty in case of war
Art. 118. Inciting to war or giving motives for reprisals. The penalty of
reclusion temporal shall be imposed upon any public officer or employee, and
that of prision mayor upon any private individual, who, by unlawful or
unauthorized acts provokes or gives occasion for a war involving or liable to
involve the Philippine Islands or exposes Filipino citizens to reprisals on their
persons or property.

Art. 119. Violation of neutrality. The penalty of prision correccional shall be

inflicted upon anyone who, on the occasion of a war in which the Government is
not involved, violates any regulation issued by competent authority for the
purpose of enforcing neutrality.
A. What are the elements?
(a) There is war in which the Philippines is not involved (b) competent
authorities have issued regulations to enforce neutrality; and (c) The offender
violates any of said regulations.
2. This is committed in time of war.
Art. 120. Correspondence with hostile country. Any person who in time of war,
shall have correspondence with an enemy country or territory occupied by enemy
troops shall be punished:
1. By prision correccional, if the correspondence has been prohibited by the
Government;
2. By prision mayor, if such correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be
useful to the enemy. If the offender intended to aid the enemy by giving such
notice or information, he shall suffer the penalty of reclusion temporal to death.
1. Elements: (a) That there is a war in which the Philippines is in
involved; (b) that the offender shall have correspondence with an enemy country
or territory occupied by enemy troops; and (c) that said correspondence is (1)
prohibited by the government; (2) carried on in ciphers or conventional signs;
and (3) notice or information be given thereby which might be useful to the
enemy or intended by the offender to aid the enemy.
2. Under the first mode, the correspondence must be prohibited by the
government. If the correspondence is carried on in ciphers or conventional the
penalty is higher.
3. The correspondence giving information that might be useful to the
enemy, if intended by the offender to aid the enemy, is treasonous in nature. The
penalty is as severe as that of treason. But in providing the offense, the twowitness rule does not apply.
Art. 121. Flight to enemy country. The penalty of arresto mayor shall be
inflicted upon any person who, owing allegiance to the Government, attempts to
flee or go to an enemy country when prohibited by competent authority.

1. Elements: (a) Existence of war in which the Philippines is involved; (b)

The offender owes allegiance to the Philippines; and (c) He attempts to flee to
enemy country which is prohibited by the government.
2. The mere attempt to flee is punished by law.
3. This felony may also be committed by a foreigner as he owes
allegiance to the government even though temporary in nature.
Section Three. Piracy and mutiny on the high seas
Art. 122. Piracy in general and mutiny on the high seas. The penalty of
reclusion temporal shall be inflicted upon any person who, on the high seas, shall
attack or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas.
1. Piracy defined piracy is robbery or forcible depredation in the high
seas, without lawful authority and done animo furandi and in the spirit and
intention of universal hostility. (People vs Lol-lo, 43 Phil. 19)
2. Pirates are in the law hostics humani generis. Piracy is a crime not
against any particular state but against all mankind. (People vs. Lol-lo, supra).
3. Modes of committing piracy: (a) By attacking or seizing a vessel on the
high seas; and (b) by seizing the whole or part of the cargo or equipment of the
vessel while on the high seas or the personal belongings of its complement or
passengers, the defenders not being members of the complement or
passengers.
4. The offenders are strangers to the vessel. The attack against the
vessel comes from the outside but the seizure of the cargo takes place inside the
vessel. Seizure may be committed by persons who smuggled themselves into
the crew nor passengers, they are therefore strangers.
If the offenders who seized the vessel by violence or intimidation or force
against things are members of the crew or passengers, piracy is not committed
but robbery in the high seas.
5. Meaning of High Seas in the Crime of Piracy. High Seas does not
necessarily mean that the crime be committed beyond the 3-mile limit (now 12
limit) of any state. It means any waters on the sea cost which are without the

boundaries of the law-water mark, although such waters may be in the

roadstead, or within the jurisdictional limits of a foreign government, because the
latter, though neutral to war are not neutral to crime. (44 C.J. 1207; People vs.
Lo-lo, supra).
6. Piracy may be punished in the competent tribunal of any country where
the offender may be found or into which he may be carried. The jurisdiction of
piracy unlike all other crimes has no territorial limits. (People vs. Lol-lo, supra).
7. Piracy does not apply to an enemy vessel in time of war as such will be
considered an act of war. This rule does not also apply to an enemy vessel
which is non-belligerent.
8. Mutiny defined. - Mutiny is unlawful resistance to a superior office, as
the raising of commotions and disturbances on board a ship against the authority
of its commander. (Bouviers Law Dictionary). It is committed on the high seas.
9. Piracy distinguished from mutiny. Both are felonies against the law of
nations. In piracy, the attack of the vessel comes from the outside. The
offenders are strangers to the vessel, that is, neither passengers nor members of
the crew. Otherwise, the felony is mutiny, it is immaterial.
Art. 123. Qualified piracy. The penalty of reclusion temporal to death shall be
imposed upon those who commit any of the crimes referred to in the preceding
article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or
rape.
1. Special qualifying circumstances are: (a) Seizure of the vessel by
boarding or firing upon the same, (b) abandonment of victims without means of
saving themselves; and (c) crime accompanied by murder, homicide, physical
injuries, or rape. Any of said crimes that accompanies the commission of piracy
becomes an element of qualified piracy. Hence, such cannot make the crime
complex.
2. Is there qualified mutiny? There is qualified mutiny because of Art. 123
which embraces any of the crimes referred to in Art. 122. These are piracy and
mutiny. But the qualifying circumstances of mutiny are limited to pars (2) and (3)
of Art. 123.

Piracy in Philippine Waters (Pres. Decree 532).

Any attack upon or seizure of any vessel, or the taking away of the whole
or part thereof or its cargo equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon things, committed by
any person, including a passenger or member of the complement of said vessel,
in the Philippine waters, shall be considered as piracy. The offenders shall be
considered as pirates.
Philippine Waters.- It shall refers to all bodies of water such as but not
limited to seas, gulf, bays around between and connecting each of the Islands of
the Philippine Archipelago, irrespective of its depth, breadth, length or dimension,
and all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.
Vessel.- Any vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine waters. It shall include all
kinds and types of vessels or boats used in fishing.
Penalty.- The penalty of reclusion temporal in its medium and maximum
periods shall be imposed. If physical injuries or other crimes are committed as a
result or on the occasion thereof, the penalty of reclusion perpetua shall be
imposed. If rape, murder or homicide is committed as a result or on the occasion
of piracy, or when the offenders abandoned the victims without means of saving
themselves, or when the seizure is accomplished by firing upon or boarding a
vessel, the mandatory penalty of death shall be imposed. The penalty of piracy
where homicide was also committed is death regardless of plea of guilty under
Press Decree 532. (People vs. Rodriguez, et al., 135 SCRA 465, (1985); People
vs. de los Reyes, 135 SCRA 465; and People vs. Ponce, 135 SCRA 465). Under
Sec. 3 of RA 7659 the penalty is reclusion perpetua.
Aiding pirates or abetting piracy Any person who knowingly and in any
manner aids or protects pirates, such as giving them information about the
movement of police or other peace officers of the government, or acquires or
receives property taken by the pirates or in any manner derives and benefits
therefrom; or any person who directly or indirectly abets the commission of
piracy, shall be punished as an accomplice of the principal offenders.

Aircraft Piracy or Hijacking (Rep. Act No. 6235 [1971]).

It is committed by any person who compels a change in the course or
destination on an aircraft of Philippine registry, or seizes or usurps the control

thereof, while it is in flight. An aircraft is in flight from the moment all its external
doors are closed following embarkation until any of such doors are opened for
disembarkation.
It is also committed by any person who compels an aircraft of foreign
registry to land in Philippine territory or seizes or usurps the control thereof while
it is within the said the said territory.
The offender shall be punished by an imprisonment of not less than twelve
years but not more than twenty years, or by a fine of not less than twenty
thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less
than twenty five thousand pesos but not more than fifty thousand pesos shall
be imposed upon any person committing such violation under any of the
following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or
explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious
physical injuries or rape.

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION
OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP
Section One. Arbitrary detention and expulsion
Art. 124. Arbitrary detention. Any public officer or employee who, without legal
grounds, detains a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in
its minimum period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than
fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal
grounds for the detention of any person.
1. There are three kinds of arbitrary detentions, to wit: Those punished
under (a) Art. 124; (b) under 125; and under Art. 126.
2. Arbitrary detention defined. It is the deprivation by a public officer of
the liberty of a person without any legal ground. If the offender is a private
person, illegal detention is committed.
3. Elements of arbitrary detention under Art. 124: (1) Offender is a public
officer or employee; (2) He detains a person; and (3) without legal grounds.
4. The legal grounds of detention are: (a) commission of a crime; and (b)
violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital, like leprosy.
5. Detention by a public officer made with or without a warrant of arrest. If
the arrest is made with a warrant, arbitrary detention under Art. 124 is not
committed.
6. Arrest without a warrant may be made by a public officer in the
following cases: (a) When the person to be arrested has committed, is already
committing or is about to commit an offense is his presence; (b) When the
offense has in fact been committed and he has personal knowledge of the facts
that the person to be arrested is an escaped prisoner.
7. Committing a crime in the presence or within the view of the officer,
within the meaning of the rule authorizing an arrest without warrant, means that
the officer sees the offense, although at a distance, or hers the disturbance
created thereby and proceeds at once to the scene thereof; or the offence is
continuing, or has not been consummated at the time the arrest was made.
8. Probable cause for an arrest without warrant is such a reasonable
ground for suspicion supported by circumstances sufficiently strong in
themselves as to warrant a reasonable man in believing the accused to be guilty.
Besides reasonable man in believing the accused to be guilty. Besides

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reasonable ground of suspicion, the act must be done in good faith. Under such
conditions even if the suspected person is later found to be innocent, the peace
officer is not liable.
9. The obligation to make an arrest by reason of a crime does not
require the indubitable existence of a crime. The legality of detention does not
depend upon the official fact of a crime but not upon the official fact of a crime
but upon the nature of the deed.
10. An arrest made to determine if a crime has been committed is illegal.
11. Arbitrary detention through simple negligence may be committed as
when a prisoner was released by the justice of the peace but the chief of police
believing the verbal order of release to be illegal and done merely to wreak
vengeance upon him in view of their strained relations, ordered one of his
policemen to re-arrest the prisoner and put her again in jail. Although he acted
without malice he is guilty of arbitrary detention through simple negligence since
he could have first ascertained from the justice of the peace the true facts of the
case before acting.
12. Even if the offended parties were occasionally allowed to leave the
municipal building where they were confined after their arrest and allowed to eat
outside, if they were too terrorized to take advantage of the occasional sallies
and then briskly returned to the custody of the guard, arbitrary detention still
exists.
13. There is detention if one is confined or restrained of his liberty. The
detention starts from the moment the offended party is arrested.

Art. 125. Delay in the delivery of detained persons to the proper judicial
authorities. The penalties provided in the next preceding article shall be
imposed upon the public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes
or offenses punishable by correctional penalties, or their equivalent and thirty-six
(36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or
their equivalent.
In every case, the person detained shall be informed of the cause of his
detention and shall be allowed upon his request, to communicate and confer at
any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272,
Nov. 7, 1986 and July 25, 1987, respectively).

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1. In this felony, the detention is legal but the public officer failed to deliver
the detained person to the proper judicial authorities within the period of: (a) 6
hors, for crimes or offenses punishable by light penalties; (b) 9 hours, for crimes
or offenses punishable by correctional penalties; and (c) 18 hours, for crimes or
offenses punishable by afflictive or capital penalties (amended by Rep. Act. No.
3940 and Rep. Act. No. 1038)
Executive Order 59 repealed Pres. Decree 1404, Executive order 191
modified Executive Order 59 by expressly reviving Art. 125. Executive Order 272
amended periods to deliver arrested persons as follows: a) 12 hours for offenses
punishable by light penalties; b) 18 hours for offenses punishable by correctional
penalties and c) 36 hours for offenses punishable by afflictive penalties.
This article applies only if the arrest is made without a warrant and it is
lawful. This felony by omission.
2. The person detained has the following rights: (a) to be informed the
cause of his detention; and (b) to communicate and confer at any time with his
counsel upon his request. Under Sec. 20, Art. IV of the 1973 Constitution, a
detained person has a right to counsel and to be informed of such right. Any
confession given by him in violation thereof is inadmissible in evidence.
(Magtoto vs. Manguerra, 71 O.G5604). (Art. III, Sec. 12 (1) and (3) 1987
Constitution). A public officer or employee who should obstruct, prohibit or
prevent an attorney from visiting or conferring privately with the person detained
shall be punished by arresto mayor. (RA 857)
If a private person conspired with peace officers in illegally detaining the
offended party, following by analogy the doctrine laid down in U.S. vs. Ponte, 20
Phil, 279 arbitrary detention is committed by them. (People vs. Camerino,
supra).
3. Judicial authority means the courts of justice of judges of said courts
vested with judicial power to order the temporary detention or confinement of a
person charge with having committed offence, that is the Supreme Court and
such inferior courts as may be established by law. (Sayo vs. Chief of Police,
supra; People vs. Cruz, CA-G.R. No. 6178-R, Feb. 21 1951, citing Sayo, supra).
The court of Appeals holds that the City Fiscal of Manila is a judicial authority
because under Sec. 47 of the Revised Charter of Manila (Rep. Act No. 409) the
City Fiscal may grant bail. (Costosa vs. Schultz, 50 O.G. 771)
Art. 126. Delaying release. The penalties provided for in Article 124 shall be
imposed upon any public officer or employee who delays for the period of time
specified therein the performance of any judicial or executive order for the
release of a prisoner or detention prisoner, or unduly delays the service of the
notice of such order to said prisoner or the proceedings upon any petition for the
liberation of such person.

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This is committed by a public officer or employee who (1) delays for the
period of time specified in Art. 124, the performance of any judicial or executive
order for the release of a prisoner, or (2) unduly delays the services of the notice
of such order to said prisoner or the proceeding upon any petition for the
liberation of said prisoner.
Art. 127. Expulsion. The penalty of prision correccional shall be imposed upon
any public officer or employee who, not being thereunto authorized by law, shall
expel any person from the Philippine Islands or shall compel such person to
change his residence.
1. This is committed by a public officer or employee who without authority
of law (a) shall expel any person from the Philippines, or (b) shall compel such
person to change his domicile.
2. The Chief Executive has the power to deport aliens as an Act of State.
(In re: McCullough Dick, 38 Phil. 41).
3. A Filipino citizen is not subject to expulsion.
Section Two. Violation of domicile
Art. 128. Violation of domicile. The penalty of prision correccional in its
minimum period shall be imposed upon any public officer or employee who, not
being authorized by judicial order, shall enter any dwelling against the will of the
owner thereof, search papers or other effects found therein without the previous
consent of such owner, or having surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects not
constituting evidence of a crime be not returned immediately after the search
made by the offender, the penalty shall be prision correccional in its medium and
maximum periods.
1. This is committed by a public officer or employee who, not being
authorized by nay judicial order perform any of the following acts: (a) shall enter
any dwelling against the will of the owner thereof; (b) having entered the
dwelling not against the owner, shall search papers or other effects found therein
without the previous consent of the owner; or (c) having surreptitiously entered
the dwelling and being required to leave shall refuse to do so.
Against the will of the owner presupposes opposition or prohibition, by
said owner, whether express or implied. (People vs. Sane, [CA] 40 O.G. Supp.
5, 113).

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2. If the entrance to the dwelling of another against the latters will is

committed by a private person, the crime is qualified trespass to dwelling. (Art.
280)
3. The special aggravating circumstances to increase the penalty are (a)
nighttime; and (b) if any papers or effects not constituting a crime be not returned
immediately after the search.
4. The judicial order is the search warrant.
5. The fact of looking at the sala and the kitchen of the house to see if the
penknife which the offended party carried when the public officer followed him in
his house was there is not strictly search of papers and effects punished by Art.
128. (People vs. Ella, [CA] 49 O.G. 1891).
Art. 129. Search warrants maliciously obtained and abuse in the service of those
legally obtained. In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not exceeding
P1,000 pesos shall be imposed upon any public officer or employee who shall
procure a search warrant without just cause, or, having legally procured the
same, shall exceed his authority or use unnecessary severity in executing the
same.
1. Art. 129 punishes two acts, namely: (a) procuring a search warrant
without just cause; and (b) exceeding the authority or using unnecessary severity
in executing a search warrant legally obtained. The offender is a public officer or
employee.
2. The commission of any of these act is independent of the liability of the
offender for the commission of any other offense. For example, in the service of
a warrant legally procured, the public officer inflicted serious physical injuries
upon the offended party, the liability of the offender will be for two crimes, to wit:
(a) abuse in the service of the search warrant; and (b) serious physical injuries.
A complex crime cannot result because this article provides for two penalties.
3. The requisites of a valid search warrant are as follows: (a) application
supported by oath; (b) description of the place to be searched and also the
persons or things to be seized; and (c) issuance based on probable cause to be
determined by the judge. (People vs. Sy Juco, 64 Phil, 657)
4. Probable cause for search warrant is such reasons, supported by facts
and circumstances, as will warrant a cautious man in the belief that his action,
and the means taken in prosecuting it, are legally just and proper. (U.S vs.
Addison, 28 Phil. 566).

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5. The true test of sufficiency of an affidavit to warrant issuance of a

search warrant is whether he has been drawn in such manner that perjury could
be charged thereon and affiant held for damages caused. (Alvarez vs. Court, 64
Phil. 33)
6. The purpose in requiring that the place to be searched and the things
to be seized be particularly described is t leave to the officers of the law no
discretion regarding what articles they should seized, to the end that
unreasonable searches and seizures may not be made that abuses may not
be committed. (Uy Kheytin vs. Villareal, 42 Phil. 886)
7. An exception to the necessity of a search warrant is the right of search
and seizure as an incident of lawful arrest. The right of search and seizure
includes that of searching the person of one who is arrested in order to find and
seize things connected with the crime or its fruits or means by which is was
committed. (Aguello vs. U.S 20, cited in Alvero vs. Dizon, 79 Phil.637).
8. Where there is no warrant of arrest or search warrant issued by a judge
after personal determination by him of the existence of probable cause, evidence
seized therefrom cannot be admitted as evidence and should never have been
considered by the trial court for such evidence was seized illegally. (People vs.
Idel Amminnudin GR 74869, July 6, 1988.)
Art. 130. Searching domicile without witnesses. The penalty of arresto mayor
in its medium and maximum periods shall be imposed upon a public officer or
employee who, in cases where a search is proper, shall search the domicile,
papers or other belongings of any person, in the absence of the latter, any
member of his family, or in their default, without the presence of two witnesses
residing in the same locality.
1. A public officer commits this crime if with a valid search warrant, he
shall search domicile, papers or effects of a person in the absence of (a) the
latter; (b) or nay member of his family; and (c) in their default, without the
presence of two witnesses residing in the same locality.
2. Being a substantive provision, it cannot be deemed to have been
impliedly amended by the provision of Rule 126, Section 7 of the Revised Rules
of Court providing for the presence of at least one witness residing in the
neighborhood during the search. Sec 7, Rule 126, New Rules on Criminal
Procedure now provide for the presence of two witnesses of sufficient age and
discretion residing in the same locality.

Section Three. Prohibition, interruption

and dissolution of peaceful meetings

15

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. The

penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who, without legal ground, shall prohibit or interrupt the
holding of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public officer or employee who shall
hinder any person from joining any lawful association or from attending any of its
meetings.
The same penalty shall be imposed upon any public officer or employee who
shall prohibit or hinder any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances.
1. The offender is a public officer who commits any of the following acts:
a. Without legal ground, shall prohibit or interrupt the holding of peaceful
meeting or dissolve the same.
b. Shall hinder any person from joining any lawful association or from
attending any of its meeting.
c. Shall prohibit or hinder any person from addressing any petition to the
authorities fro correction of abuses or redress of grievances.
2. It is necessary that the accused be a stranger, not a participant, of the
meeting that has been interrupted and eventually dissolved. (People vs. Calera,
[Ca] 45 O.G. 2573). The accused who is not a stranger but a participant to the
meeting which was interrupted and dissolved, is liable for unjust vexation under
Article 287.
If the meeting of a legislative body is dissolved, like the meeting of a
municipal council, Art. 144 and not Art. 131 will apply. (People vs. Alipit, et al., 44
Phil. 910).
3. If the complainant talked on a prohibited subject in a public meeting,
and the accused, a policeman, told him to suspend his speech, and as a result
thereof a confusion among the public arose, the crime if interruption of a peaceful
meet9ing was not committed because the complainant himself by his voluntary
act imposed a limitation on the exercise of his voluntary act imposed a limitation
on the exercise of his individual privilege of the freedom of speech. (People vs.
Yalong, [CA] 40 O.G. Supp. 11, 83).

16

4. A meeting was held by the Iglesia ni Cristo (Church of Christ) in a

public plaza after securing the mayors permit. A minister of the sect delivered a
sermon attacking the catholic and Aglipayan churches. Accused, a policeman,
fired two shots in the air, as a result of which crowd dispersed. Held: Art 131 is
violated and not Art. 132. (People vs. Reyes, [CA] G.R. No. 13633-R, July 27,
1995. A meeting in a public place sponsored by a religious sect is not a religious
ceremony. (People vs. Mandoria, 51 O.G. 4619.).

Section Four. Crimes against religious worship

Art. 132. Interruption of religious worship. The penalty of prision correccional
in its minimum period shall be imposed upon any public officer or employee who
shall prevent or disturb the ceremonies or manifestations of any religion.
If the crime shall have been committed with violence or threats, the penalty shall
be prision correccional in its medium and maximum periods.
1. This crime is committed by a public officer in two ways: (a) preventing
or (b) disturbing the ceremonies or manifestation of any religion.
2. The special qualifying aggravating circumstances are: (a) violence and
(b) threats.
3. This crime is punished to protect the constitutional rights of freedom of
religion.
The act of the accused, a barrio lieutenant, of actually threatening the life
of the priest should the latter persist in his intention to say mass and as a result
thereof the mass was not celebrated is a violation of Art. 132. (People vs.
Mojica, CA-G.R. No. 12980-R, Dec. 29, 1935).

Art. 133. Offending the religious feelings. The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed
upon anyone who, in a place devoted to religious worship or during the
celebration of any religious ceremony shall perform acts notoriously offensive to
the feelings of the faithful.
1. This is the only crime against the fundamental laws of the State that
may be committed not only by a public officer but also by a private person.

17

2. The act of the accused must be (a) a notorious offensive to the feelings
of the faithful; and (b) performed in a place devoted to a religious worship or
during the celebration of a religious ceremony.
3. An act is notoriously offensive to the religious feelings of the faithful
when a person ridicules or makes light of anything constituting a religious dogma;
mocks or c\scoffs at anything devoted to religious ceremonies; lays with or
destroys any object of veneration by the faithful. (People vs. Baes, 68 Phil. 203).
Ex. (a) Causing a funeral held in accordance with the rites of a religious
sect to pass through the Catholic Church through force and threats of violence
(People vs, Baes, supra), or (b) Stoning a minister while in the act of preaching
his beliefs. (People vs. Migallos [CA] G.R. No. 13619-R, August 5, 1955).
However, construction of a fence in front of a chapel where a pabasa
was being held which resulted in the dispersal of the crowd attending the
ceremony, constitutes unjust vexation and not the act punished in Art. 133,
because the construction of the fence, even though irritating to those present, is
a matter of complete indifference to those not present. (People vs. Reyes, 60
Phil. 369).
4. Whether the act is notoriously offensive to the feelings of the faithful is
to be judged by the feelings of the followers of the religious sect offended and not
by those of other faithful ones.
5. An act notoriously offensive to religious feelings must be directed
against a religious practice, or dogma, or ritual for the purpose of ridicule. The
act of performing burial rites in the Catholic cemetery with a burial permit, in
accordance with the practices of Christ is the Answer by reading passages from
the Bible, chanting Alleluia and singing religious hymns, may offend the catholic
priest of the municipality and some adherents but are not offensive to the feelings
of those who profess the Christian religion, because they should be viewed from
the standpoint of all Christians, who are believers in Jesus Christ, regardless of
religious sect and denomination, especially at a time when all Christian churches
of religious sect are towards understanding and tolerance. This follows the
dissenting opinion of justice laurel in the Baes case that an offe4nse to religious
feelings should not depend upon the conception of any particular religion but
should be gauged by the nature of the acts committed. (People vs. Tengson.
[CA] 07115-CR, Aug. 30, 1969, 67 O.G.1552, March1, 1971). (Note: Two strong
dissenting opinions support the majority view in the Baes decision that the acts
must be judged from the point of view of the feelings of the followers of the
religious sect against which is directed for it is possible that certain acts may
offend the feelings of those who profess a certain religion but not otherwise
offensive to those professing another faith.)

18

6. Where the accused played dance music in his public address system
while a group of Catholics were about to commence praying the rosary, and
refused to tone down the amplifier when requested to do so and instead upon
hearing that the prayer had begun, shouted through the public address system
Come on now, they are already starting, let us have a jam session, the crime
committed is unjust vexation as the offender merely purposely annoyed the
feelings of the religious group for unjustifiable reason, which acts cannot be
considered notoriously offensive to the feelings of the faithful. (People vs.
Tamarra, CA-G.R. 02658-R, July 1, 1963).
7. So, also where the accused while drunk entered with uplifted hands
while the congregation of the Assembly of God was having its afternoon session
inside its chapel and attempted to grab the song leader who ran away from him
and as a result the other members of the sect also ran out of the chapel and the
religious services discontinued, the crime is unjust vexation as he did not perform
acts notoriously offensive to the feelings of the faithful. (People vs. Nonoy, CA 69
O.G. 8043).

Title Three
CRIMES AGAINST PUBLIC ORDER
Chapter One
REBELLION, SEDITION AND DISLOYALTY
Art. 134. Rebellion or insurrection; How committed. The crime of rebellion or
insurrection is committed by rising publicly and taking arms against the
Government for the purpose of removing from the allegiance to said Government
or its laws, the territory of the Philippine Islands or any part thereof, of any body
of land, naval or other armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
1. Elements: (a) public armed uprising and (b) the purpose is either (1) to
remove from the allegiance to the government or its laws, the Philippine territory
or any part thereof, or any body of land, naval or other armed forces, or (2) to
deprive the Chief Executive or the Legislature, wholly or partially of any of their
powers or prerogatives. The purpose of the uprising is political, that is, to
overthrow the duly constituted government in order to establish another form of
government.
2. Those liable are (a) leaders and (b) followers.

19

3. The leader is any person who promotes, maintains or heads a

rebellion. If the leader is unknown, any person who directed the others, spoke
for them, signed receipts and other documents issued in their name, or
performed similar acts on behalf or the rebels, shall deemed the leader of such
rebellion.
4. Who may be punished with the penalty corresponding to that of a
leader? Any person who while holding a public office or employment takes part
in the rebellion by (a) engaging in combat against the forces of the government;
(b) destroying property; (c) committing serious violence; (d) exacting
contributions, or (e) diverting public funds from the lawful purposes for which they
have been appropriated.
5. The nature of the crime of rebellion or of inciting it is a crime of the
masses, of a multitude. It is vast movement of men and a complex net of intrigue
and plots. (People vs. Almazan, [CA] 37 O.G. 1932). It evokes not merely a
challenge to the constituted authorities but also civil war on a bigger or lesser
scale. (People vs. Hernandez, 52 O.G 55).
6. There is no complex crime of rebellion with murder, arson, robbery
and/or other serious crimes, committed as a means to or in furtherance of the
rebellion. The view is that political crimes are directly aimed against the political
order and common crimes may be committed for the political purpose. The
decisive factor is the intent or motive. (People vs. Lava, et al., L-4974, May 16,
1969, 28 SCRA 72).
Any or all of the acts describes in Art, 135, when committed as a means to
or in furtherance of the subversive ends describe in Art. 134, become absorbed
in the crime of rebellion, and cannot be regarded or penalized as distinct crimes
in themselves. They are part and parcel of the rebellion itself and cannot be
considered as giving rise to separate crimes that under Art. 48 of the Code would
constitute a complex one with that rebellion. (People vs. Geronimo, 53 O.G. 68).
If the killing, robbing, etc. were done for private purposes or profit, without any
political motivation, the crime would be separately punished and would not be
embraced by the rebellion. Any crime like rape which could not have been done
in furtherance of the rebellion is not absorbed. (People vs. Fernando, L-24781,
May 29, 1970, 33 SCRA 149; People vs. Geronimo, supra).
7.
The accused charged with rebellion, who was found illegally
possessing a firearm when his house was searched, cannot be prosecuted for
the latter as an independent crime as that is absorbed in the crime of rebellion if
such firearm was found and used in the furtherance of rebellion. (People vs.
Rodriguez, L-13981, April 25, 1960).
8. Under our laws, it is not necessary that one has engaged the
government in a clash of arms to commit the crime of rebellion. If the accused

20

knowingly identified himself with an organization that was openly fighting to

overthrow the government, he is liable for rebellion (People vs. Cube, 46 O.G.
4412,; People vs. Cayanan, CA-G.R. No. 20251-R, Oct 8, 1962) and as principal
where he actually prosecuted and directed armed activities aimed to
overthrowing the government. (People vs, Lava, supra). Where the killing was
committed as a means to obtain the subversive ends of the Hukbalahaps,
because the accused and his companion suspected the deceased is guilty of the
crime of simple rebellion (People vs. Agarin, No. L-12298, Sept 29, 1960; see
also People vs. Benito Cruz et al., N0. L-11870, October 16, 1961).
9. But if a band of 40 men entered the town, attacked the policemen and
then kidnapped the municipal president and other officials without any evidence
showing the motive or purpose, rebellion is not committed but kidnapping. (U.S.
vs. Constantino, 2 Phil. 639).
The act of giving aid and comfort or moral aid to a dissident leader, like
giving cigarettes or food supplies, is not criminal in rebellion unlike in treason,
because what is punished in rebellion is taking part in a public uprising and the
taking or arms against the government. (Carino vs. People, 7 SCRA 900).
10. Rebellion distinguished from treason. - The distinction lies in the
purpose of levying war and not in the magnitude of the movement. If the levying
of war is done to aid the enemy, it is treason, if not, it is rebellion. In treason, the
purpose is to deliver the government to the enemy; in rebellion, the purpose is to
substitute the existing government with another.
11. Rebellion distinguished from sedition.- What distinguishes rebellion
from sedition is not the extent of the territory but rather the object at which the
uprising aims. In rebellion, the purpose is purely political while in sedition, it is
either political or social. The political purpose of rebellion is to withdraw from the
allegiance of the government or its laws, a part or the whole of the Philippine
territory, or a body of the armed forces, or to deprive the Chief Executive or
Congress of their powers and prerogatives. Any other political purpose of an
uprising like the prevention of the execution of the laws or the holding of an
election constitutes sedition.
Article 134-A. Coup d'etat; How committed. The crime of coup d'etat is a swift
attack accompanied by violence, intimidation, threat, strategy or stealth, directed
against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communications network, public utilities or other
facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or persons,
belonging to the military or police or holding any public office of employment with
or without civilian support or participation for the purpose of seizing or
diminishing state power. (As amended by R.A. 6968).

21

Elements: 1) swift attack accompanied by violence, intimidation, threat,

strategy; 2) directed against or any military camp or installation, communication
networks, public utilities or other facilities needed for the exercise and continued
possession of power, single, or simultaneously carried out anywhere in the
Philippines; 3) committed by any person or persons belonging to the military or
police or holding any public office or employment with or without civilian support
or participation; 4) purpose seize or diminish state power.
Art. 135. Penalty for rebellion, insurrection or coup d'etat. Any person who
promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of
reclusion perpetua.
Any person merely participating or executing the commands of others in a
rebellion shall suffer the penalty of reclusion temporal.
Any person who leads or in any manner directs or commands others to
undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d'etat shall suffer the penalty of
prision mayor in its maximum period.
Any person not in the government service who participates, or in any manner
supports, finances, abets or aids in undertaking a coup d'etat shall suffer the
penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be under the command of
unknown leaders, any person who in fact directed the others, spoke for them,
signed receipts and other documents issued in their name, as performed similar
acts, on behalf or the rebels shall be deemed a leader of such a rebellion,
insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24,
1990).
1. Person who promotes, maintains or heads rebellion or insurrection
shall suffer the penalty of reclusion perpetua.
2. Merely participating or executing the commands of others in a rebellion
or insurrection shall suffer the penalty of reclusion temporal.
3. Person who leads or in any manner directs or commands others to
undertake a coup detat shall suffer the penalty of reclusion perpetua.
4. Person in government service who participates or executes directions
or commands of others in undertaking coup detat shall suffer the penalty of
reclusion temporal in its maximum period.

22

5. Person not in government service who a) participates; b) in any

manner supports, finances, abets or aids in undertaking a coup detat shall suffer
the penalty of prision mayor in its maximum period.
6. Should rebellion, insurrection or coup d etat be under the command of
an unknown leader, any person who 1) directed the others; 2) spoke for them;
3) signed receipts and other documents issued in their name; 4) or performed
similar acts shall be deemed a leader of such rebellion, insurrection or coup
detat.
Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. The conspiracy and proposal to commit coup d'etat shall be
punished by prision mayor in minimum period and a fine which shall not exceed
eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be
punished respectively, by prision correccional in its maximum period and a fine
which shall not exceed five thousand pesos (P5,000.00) and by prision
correccional in its medium period and a fine not exceeding two thousand pesos
(P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).
1. Conspiracy involves an agreement to commit rebellion. Words which
reveal discontent on account of the evils, real or fictitious, to which a group of
persons refer, are not done sufficient to prove the existence of a conspiracy to
rebel, much less with the aid of force against the constituted government. (U.S.
vs. Figueras, 2 Phil 491).
2. The mere fact of his giving and rendering speeches favoring
communism could not make him guilty of conspiring if there is no evidence that
the hearers of his speeches of propaganda then and there agreed to rise up in
arms for the purpose of obtaining the overthrow of the democratic government as
envisaged by the principles of Communism. (People vs. Hernandez, L-6023,
May 30, 1964).
3. Several persons organized a society the object of which was against
the United States Government in the Philippines. It was shown that the accused
solicited various persons to become member hereof. Held: Conspiracy and not
inciting to rebellion is committed. (U.S. vs. Vergara, 3 Phil. 432).
4. The advocacy of Communism or Communistic theory is not a criminal
act of conspiracy unless converted into advocacy of action. In the nature of
things, mere advocacy of theory or principle is insufficient unless the communists
advocate action, immediate and positive, the actual agreement to the start an
uprising or rebellion, or an agreement forged to use force and violence in an
uprising of the working class to overthrow constituted authority and seize the
reins of Government itself. Unless action is actually advocated or intended or

23

contemplated, the Communist is a mere theorist, merely holding belief in the

supremacy of the proletariat; a Communist does not yet advocate the seizing of
the reins of the Government by it. As a theorist, the Communist is not yet
actually considered as engaging in the criminal field subject to punishment. Only
when the Communist advocates action and actual uprising, war or otherwise,
does he become guilty of conspiracy to commit rebellion (People vs. Hernandez,
L-6025-26, May 30, 1964) (Note: Republic Act 1700 known as the AntiSubversion Act, which penalizes membership in any organization or association
organized to subvert the Government was not applied to Hernandez because
said law was not enforced at the time of the communism of the acts charged.)
5.
The penalty for conspiracy and proposal to commit rebellion,
respectively has been increased to prision mayor in its maximum period and a
fine not exceeding P5,000 and by prision mayor in its medium period and a fine
not exceeding P2,000. (Pres. Decree No. 942).
6. This has been amended, as follows: The penalty for conspiracy and
proposal to commit coup detat shall be prision mayor in its maximum period and
a fine which shall not exceed P8,000.00; the penalty of conspiracy and proposal
to commit rebellion or insurrection shall be punished, respectively, by prision
correccional in its maximum period and a fine init medium period and a fine not
exceeding P2,000 as amended by R.A. No. 6998.
Art. 137. Disloyalty of public officers or employees. The penalty of prision
correccional in its minimum period shall be imposed upon public officers or
employees who have failed to resist a rebellion by all the means in their power, or
shall continue to discharge the duties of their offices under the control of the
rebels or shall accept appointment to office under them. (Reinstated by E.O. No.
187).
This is committed by public officers in three ways: (a) failing to resist a
rebellion by al means in their power; (b) continuing to discharge their office under
the control of the rebels; or (c) accepting an appointment under the rebels.
Actual rebellion must exist for this crime to be committed.
Art. 138. Inciting a rebellion or insurrection. The penalty of prision mayor in its
minimum period shall be imposed upon any person who, without taking arms or
being in open hostility against the Government, shall incite others to the
execution of any of the acts specified in article 134 of this Code, by means of
speeches, proclamations, writings, emblems, banners or other representations
tending to the same end. (Reinstated by E.O. No. 187).

24

SEDITION
1. The offender must not take up arms or is not in open hostility against
the government.
2. The act punished is that of inciting others to commit rebellion or
insurrection.
3. The means employed by the offender are speeches, writings,
emblems, or any similar means.
4. The purpose of the meeting covered by this article is always illegal as it
is held to incite persons to commit rebellion.
Art. 139. Sedition; How committed. The crime of sedition is committed by
persons who rise publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal methods, any of the following
objects:
1. To prevent the promulgation or execution of any law or the holding of any
popular election;
2. To prevent the National Government, or any provincial or municipal
government or any public officer thereof from freely exercising its or his functions,
or prevent the execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public
officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province,
or the National Government (or the Government of the United States), of all its
property or any part thereof.
1. In this crime, there is a public and tumultuous uprising in order to attain
force, intimidation, or any other means outside of legal methods, the following
objects: (a) preventing the execution of any law, administrative order or holding of
any popular election; (b) preventing public officers from exercising their functions;
(c) inflicting any act pf the hate or revenge upon the person or property of public
officers; (d) inflicting any act of hate or revenge against private persons or any
social class; and (e) despoiling for any political or social end the property of any
person or of the government or its political subdivision.

25

2.
Sedition involves disturbance of public order resulting from a
tumultuous uprising. If there is no public uprising, any outcry tending to incite
rebellion or sedition in a meeting or public place constitutes the crime of tumult
and other disturbance or public order. (Art. 153, par 3).
3. Public officers may be offenders. (People vs. Cabrera, 43 Phil. 64).
Private persons may be the offended parties. (U.S. vs. Lopuz, 4 Phil. 148).
4. If the purpose of the offender is to attain the objects of rebellion or
sedition by force or violence, but there is no publi9c uprising, the crime
committed is direct assault. (Art. 148)
5. Murder is not an object of sedition. So, if the accused fired upon a
truck killing several persons, including two policemen, it not being shown that the
purpose was to prevent the policemen from performing their functions or to inflict
an act of multiple murder. (People vs. Mendoza, L-1271, May 5, 1950).
The ultimate object of sedition is a violation of the public peace or at least
such a course of measures as evidently engenders it. (People vs. Perez, 45 Phil
599).
Art. 140. Penalty for sedition. The leader of a sedition shall suffer the penalty
of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional
in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O.
No. 187).
Murder is not an object of sedition. So, if the accused fired upon a truck
killing several persons, including two policemen, it not being shown that the
purpose was to prevent the policemen from performing their functions or to inflict
an act of multiple murder. (People vs. Mendoza, L-1271, May 5, 1950).
The ultimate object of sedition is a violation of the public peace or at least
such a course of measures as evidently engenders it. (People vs. Perez, 45 Phil
599).
Art. 141. Conspiracy to commit sedition. Persons conspiring to commit the
crime of sedition shall be punished by prision correccional in its medium period
and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
6. There is conspiracy to commit sedition (Art. 141) but not proposal to
commit sedition. There is no complex crime of sedition with murder nor is
murder absorbed in sedition. Sedition and murder are committed. (People vs.
Cabrera, et al., supra; People vs. Umali, et al., G.R. No. L-5803, Nov. 29, 1954;
Kamlon, 9 SCRA 252).

26

Art. 142. Inciting to sedition. The penalty of prision correccional in its

maximum period and a fine not exceeding 2,000 pesos shall be imposed upon
any person who, without taking any direct part in the crime of sedition, should
incite others to the accomplishment of any of the acts which constitute sedition,
by means of speeches, proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end, or upon any person or persons
who shall utter seditious words or speeches, write, publish, or circulate scurrilous
libels against the Government (of the United States or the Government of the
Commonwealth) of the Philippines, or any of the duly constituted authorities
thereof, or which tend to disturb or obstruct any lawful officer in executing the
functions of his office, or which tend to instigate others to cabal and meet
together for unlawful purposes, or which suggest or incite rebellious conspiracies
or riots, or which lead or tend to stir up the people against the lawful authorities
or to disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices. (Reinstated by
E.O. No. 187).
Art. 142-A. (Inserted by PD No. 942, prom. June 10, 1976). Repealed by EO
No. 187, prom. June 5, 1987.
Art. 142-B. (Inserted by PD No. 1834, as amended by PDs Nos. 1974 and
1996). Repealed by EO No. 187, prom. June 5, 1987.
1. The offender must not take a direct part in any public or tumultuous
uprising.
2. Acts Punished (a) Inciting others to commit sedition by means of
speeches, writings, cartons, banners or similar representations; and (b) uttering
seditious speeches or writings or publishing scurrilous libels against the
government or any duly constituted authorities, (1) which tend to obstruct or
disturb any public officer in the performance of public functions; (2) which tend to
instigate others to cabal and meet together for unlawful purposes; (3) which incite
rebellious conspiracies or riots; (4) which tend to stir public disturbances; and (c)
knowingly concealing such evil practices.
3. EX. (a) Shouting that the head of the Governor General be cut off
(People vs. Perez, 45 Phil. 599); (b) Inciting constabulary soldiers to use their
weapons against their commanders (People vs. Feleo, 59 Phil. 451); and (c)
Allowing his picture to be taken making it appear that he committed suicide and
publishing the same because he was not pleased with the admiration of the
government. (Espuela vs. People, G.R. No. L-2990, Dec. 27, 1951).
4. The dangerous tendency rule and not the clear and present danger
rule is generally adopted in the Philippines regarding seditions cases. It is
enough that the words used may tend top create the danger of public uprising. It

27

is not necessary that there be a clear and present danger of the substantive evil
which the laws aims to prevent.
5.
sedition.

Scurrilous libel against the government is punished as inciting to

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Section One. Crimes against legislative bodies and similar bodies
Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies.
The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos,
or both, shall be imposed upon any person who, by force or fraud, prevents the
meeting of the National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board.
(Reinstated by E.O. No. 187).
Elements: (a) A scheduled meeting of the National Assembly, or any of its
committees, or sub-committees, constitutional commissions or committees, or
divisions thereof, or of any provincial board or city or municipal council or board;
and (b) the offenders prevent such meeting by force or fraud.
Art. 144. Disturbance of proceedings. The penalty of arresto mayor or a fine
from 200 to 1,000 pesos shall be imposed upon any person who disturbs the
meetings of the National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board,
or in the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No.
187).
Elements: (a) An actual meeting of the National Assembly or Congress of
the Philippines or any of its committees, or sub-committees, constitutional
commissions or committee, or divisions thereof, of any provincial board or city or
municipal council or board; and (b) the offender commits any of the following
acts: (1) disturbing said meeting, or (2) behaving ion the presence of said board
in such manner as to interrupts its proceeding or to impair the respect due it.
1. Thus, the accused who dissolved the meeting of the municipal council,
presided over by the vice-president to whom he yielded the chair when the

28

investigation of the election case against him on ground of minority came up,
there being a quorum, was held guilty of disturbing said proceedings which for
the big time being, at least raises the presumption that no defect exist to render
illegal. The meeting of the municipal council was entitled to respect on the part
of the defendant. (People vs. Alipit, 44 Phil. 910).
2. The accused may also be punished for contempt by I\either house of
Congress as the power to punish for contempt is coercive in nature while the
power to punish a crime is punitive in nature.
Section Two. Violation of parliamentary immunity
Art. 145. Violation of parliamentary immunity. The penalty of prision mayor
shall be imposed upon any person who shall use force, intimidation, threats, or
fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of
its committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his vote; and the
penalty of prision correccional shall be imposed upon any public officer or
employee who shall, while the Assembly (Congress) is in regular or special
session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision
mayor.
1. Acts Punished:
a. Using force, intimidation, threats or fraud to prevent any member of the
National Assembly (Congress of the Philippines) from: (1) attending any of its
committees or commission or divisions thereof; (2) expressing his opinions; or (3)
casting his vote.
b. Arresting or searching any member thereof while the National
Assembly (now Congress) is in regular or special session except in case such
member has committed a crime under the Revised Penal Code punishable by a
penalty higher than prision mayor.
2. Parliamentary immunity does not mean exemption from criminal liability
except from a crime that the member of the national Assembly (now Congress)
may deliver on the floor during a regular or special session.
3. Art. 143 apparently enlarges the immunity enjoyed by members of the
National Assembly (now Congress) under the Constitution which provides that
Senators and members of the House of Representatives shall, in all cases

29

except treason, felony, and breach of the peace, be privileged from arrest during
their attendance at the sessions of the Congress, and in going to and returning
from the same; and for any other speech or debate therein, they shall not be
questioned in any other places. (Art. VI, Sec. 15, Constitution of the
Philippines). This has been interpreted to refer to immunity from arrest in civil
cases only. (Williamssons vs. U.S., 207 U.S. 425). We do not have civil arrest in
the Philippines. Art 145 includes also search which is not so provided in the
Constitutionally since the Revised Penal Code became effective prior to the
adoption of the Philippine Constitution.
4. In the case of Martinez vs. Morfe, et al., L-34022, March 24, 1972, the
Supreme Court declared par. 2 of Art. 145 unconstitutional. Sec. 15, Art VI of the
Constitution limits immunity from arrest to cases other than treason, felony and
breach of the peace. Art. 145 became inoperative upon the effectivity of the
Constitution on Nov. 15, 1935.
5. Under Sec. 9, Art VIII of the 1973 Constitution, a member of the
National Assembly shall in all offenses punishable by not more than six years
imprisonment, be privileged from arresting during his attendance at its sessions,
and in going to and returning from the same; but the National Assembly shall
surrender the Member involved to the custody of the law within 24 hours after its
adjournment for a recess or for its next session, otherwise such privilege shall
cease upon its failure to do so. Section II Article VI of 1987 Constitution provides
that a Senator or member of the House Representatives shall be privileged from
arrest while Congress is in session in all offenses punishable by not more than
six years imprisonment.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Art. 146. Illegal assemblies. The penalty of prision correccional in its maximum
period to prision mayor in its medium period shall be imposed upon the
organizers or leaders of any meeting attended by armed persons for the purpose
of committing any of the crimes punishable under this Code, or of any meeting in
which the audience is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or assault upon a person in authority or his agents.
Persons merely present at such meeting shall suffer the penalty of arresto mayor,
unless they are armed, in which case the penalty shall be prision correccional.
If any person present at the meeting carries an unlicensed firearm, it shall be
presumed that the purpose of said meeting, insofar as he is concerned, is to
commit acts punishable under this Code, and he shall be considered a leader or
organizer of the meeting within the purview of the preceding paragraph.

30

As used in this article, the word "meeting" shall be understood to include a

gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No.
187).
1. Meaning of meeting a gathering a group, whether in a fixed place or moving.
2. Kinds of illegal assemblies:
a. A meeting attended by armed persons for the purpose of committing
any of the crimes punishable under the Code.
b. A meeting in which the audience is incited to the commission of the
crimes of treason, rebellion, or insurrection, sedition or assault upon a person in
authority or his agent.
3. Persons Liable: (a) The organizers or leaders thereof; and (b) those
merely attending. The law imposes a heavier penalty upon the organizers or
leaders.
4. Where a person carries an unlicensed firearm in said meeting, it shall
be presumed: (a) that the purpose of the meeting in so far as he is concerned, is
to commit acts punishable under the Code; and (b) he shall be considered as the
leader or organizer of the meeting.
5. Those, who may means of speeches, printed matter or other means of
representation appear to have instigated the proceeding, shall be deemed the
leaders or organizers of said meeting.
Art. 147. Illegal associations. The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 1,000 pesos shall be
imposed upon the founders, directors, and presidents of associations totally or
partially organized for the purpose of committing any of the crimes punishable
under this Code or for some purpose contrary to public morals. Mere members of
said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O.
No. 187).
1. Kinds of illegal associations: (a) Those totally or partially organize for
the purpose of committing any of the crimes punishable under the Code, and;
and (b) those totally or partially organized fro some purpose contrary to public
morals.
2. The term public morals refers to acts that affect the interest of society
and public convenience. It is not confined to the limited concept of good
customs and covers a system of judicial precepts founded on human nature that
regulate public convenience. It refers to acts that are in accordance with natural

31

and positive laws. (II Feria & Gregorio, p. 96, citing Cuello Calon and decisions
of the Supreme Court of Spain).
3. The Lapiang Sakdalista of pre-war days is an example of illegal
association. Under the Anti-Subversion Act (R.A. 1700), the Communist Party of
the Philippines is considered an illegal association and includes its military arm,
the Hukbong Mapagpalaya ng Bayan (formerly Hukbalahaps) and such other
organizations or association the purpose of which is to overthrow the
Government of the Philippines.
4. Persons Liable: (a) the founders, directors and president; and (b) the
members.

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS
Art. 148. Direct assaults. Any person or persons who, without a public
uprising, shall employ force or intimidation for the attainment of any of the
purpose enumerated in defining the crimes of rebellion and sedition, or shall
attack, employ force, or seriously intimidate or resist any person in authority or
any of his agents, while engaged in the performance of official duties, or on
occasion of such performance, shall suffer the penalty of prision correccional in
its medium and maximum periods and a fine not exceeding P1,000 pesos, when
the assault is committed with a weapon or when the offender is a public officer or
employee, or when the offender lays hands upon a person in authority. If none of
these circumstances be present, the penalty of prision correccional in its
minimum period and a fine not exceeding P500 pesos shall be imposed.
1. There are two kinds of direct assault, committed as follows: (a) without
public uprising, by employing force or intimidation to attain any of the purposes
enumerated in the crimes of rebellion or sedition; and (b) by attacking, employing
force, seriously intimidating, or seriously resisting any person in authority or any
of his agents, while engaged in the performance of official duties or on the
occasion of said performance.
There are two modes of committing atentados contra la authoridad or sus
agents under Art. 148. The first is not a true atentado as it is tantamount to
rebellion or sedition, except that there is no public uprising. On the other hand,
the second mode is the more common way of committing assault and is
aggravated when there is a weapon unemployed in the attack, or the offender is
a public officer, or the offender lays hand upon a person in authority. Appellant
committed the second from of assault, the elements of which are that there must

32

be an attack, use of force, or serious 9intimidation or resistance upon a person in

authority or his agent; the assault was made when the said person was
performing his duties or on the occasion of such performance; and the accused
knew that is, that the accused must have the intention to offend, injure or assault
the offended party as a person in authority or an agent of a person in authority.
(People vs. Abalos, G.R. 88189, July 9, 1996).
When the assault results in the killing of that agent or of a person in
authority for that matter, there arises the complex crime of direct assault with
murder or homicide. The killing in the instant case constituted the felony of
murder qualified by alevosia through treacherous means deliberately adopted.
The victim was struck from behind while he was being confronted at the same
time by appellants father. The evidence shows that appellant deliberately went
behind the victim whom he then hit with a piece of wood which he deliberately
got for that purpose. Obviously, appellant resorted to such means to avoid any
risk to himself, knowingfully well that his quary was a policeman who could
readily mount a defense. The offense is a complex crime, the penalty for which
that for the graver offense, to be imposed in the maximum period. (People vs.
Abalos, supra).
2. Elements of the first kind of direct assault: (a) that there be no public
uprising; (b) force of intimidation is employed; and (c) to attain any of the
purposes of rebellion or sedition. (People vs. Jingco, G.R. No. 05271-CR,
December 31, 1965).
This kind of assault is in reality rebellion or sedition short of public
uprising, and is therefore very rare.
3. Elements of the second kind of direct assault; (a) no public uprising; (b)
offender attacks or employs force or seriously intimidates or seriously resist
another; (c) offended party is a person in authority or his agents; (d) offended
party was assaulted while in the performance of official duties or on the occasion
of such performance; and (e) offender knows that the person assaulted is a
person in authority or his agent. (People vs. Site, CA-G.R. No. 17639-R and
18153-R, Sept. 22, 1958; People vs. Muncado, [CA] 71 O.G. 2266).
The information is defective if there is no allegation that the accused had
knowledge of or knew the position of authority held by the person attacked.
(People vs. CFI of Quezon, 68 SCRA 305). But knowledge that a school teacher
is a person in status is a matter of law and not of fact, ignorance whereof will not
excuse non-compliance on his part. (Art. 3, Civil Code) (People vs. Balbar, 21
SCRA 1119).

33

4. The second kind of direct assault is committed in four ways: (a) by

attacking; (b) by employing force; (c) by seriously intimidating; or (d) by serious
resisting a person in authority or his agent.
5. The felony becomes qualified when the offender; (a) uses a weapon;
(b) is a public officer or employee; and (c) lays hands upon a person in authority.
6. Pointing a gun at a Military Police Captain in the performance of his
duties is direct assault upon a agent of a person in authority. (People vs. Diama,
45 O.G. 838; reiterated in the case of People vs. Jingco, G.R. No. 05271-CR,
Dec. 31, 1965). Even if the accused was only about to pull his pistol after he had
challenged Patrolman Ong and was not able to point it at the latter because of
the arrival of the other policeman, there was serious intimidation in the assault.
The seriousness of the intimidation should not be made to depend on the extent
of the intimidating act of the offender but on the nature of his act and the attitude
of his mind. (People vs. Ligones, CA 1075).
Attack is any offensive or antagonistic movement or action of any kind
and the drawing of a pistol from the holster at the hip and the aiming of that pistol
at a person, constitute an attack. (People vs. Ladena, CA-G.R. No. 6008-R,
March 8, 1951).
People of the Philippines vs. Salvador Jingco, G.R. No. 05271-CR,
December 31, 1965. Facts: Ricardo Gonzalado, public school teacher in the
Matabang Elementary School of Talisay, Negros Occidental, sustained injuries in
the hands of Jingco and his wife in the afternoon of October 31, 1963 just outside
the classroom where Gonzalado was holding his class as a result of the attempt
of the appellant and his wife to collect the debt of Gonzalado to Jingco.
Held: There are two ways of committing the crime of assault against
persons in authority or their agents under Art. 148 of the Revised Penal Code,
namely:
(a) By employing force or intimidation without a public uprising for the
purposes of rebellion or sedition;
(b) By employing or seriously intimidating or resisting any person in
authority or any of his agents, while performing official duties or on the occasion
of such performance.
The elements of the second kind of committing assault are:
(a) Actual assault or use of physical force or intimidation or serious
resistance;

34

(b) That such assault or physical force or intimidation should have been
executed upon a person in authority or his agents;
That at the time such assault, intimidation, or resistance, the offended
party was in the performance of his duties or at least such assault, intimidation
on resistance was done by reason of the performance of said duty.
In the absence of any of these requisites, there would be no assault. In
the present case, Gonzalado came out of the classroom voluntarily; he went
where, as a teacher during class hour, he had no business to be, although he
was within the school premises, and so he was not in the performance of his
duty. Thus Jingco cannot be convicted of the crime of assault upon a person in
authority under Art. 148 of the Revised Penal Code.
7. Force must be employed to defy the authorities. The force must be
serious and must be such a character as to show contempt for authority. Casual
force which usually accompanies resistance or disobedience to authorities is not
sufficient. It has reference to something more dangerous to civil society. (U.S.
vs. Tabiana, 37 Phil. 515). While in both direct assault upon and resistance to
authorities some degree of force is employed, which may be moral or actual, yet
the degree of force should not determine whether an act constitutes assault or
mere resistance for however an act constitutes assault or mere resistance for
however light the force used may be, if there is a manifestation to employ it to
defy the authorities or their agents, the case may be brought under the concept
of Art. 148 instead of Art. 152, Revised Penal Code. (People vs. Baesa, [CA]
G.R. No. 20304-R, June 18, 1959). Where, however, the person assaulted is a
person in authority, it is not necessary to ascertain the degree of force employed
since the law defines it concretely, that is, that is consist in laying hands upon a
person in authority. (U.S. vs. Gumban, 39 Phil. 76). An attack is upon a person
in authority when it relates to the commission of his duties in office. (People vs.
Imson, 80 Phil. 284). However, the act or acts must be something more
dangerous to civil society than a simple blow with the hand given to a person in
authority in protest against a treatment which the accused believed to be
arbitrary. (People vs, Las Pias, [CA] 69 OG878).
To lay hands upon a person in authority is to inflict upon him physical
injury xxx to strike him with the hands, to choke or suffocate him xxx to shove
him off or to hold him with the intention of causing him some evil injury. So in this
kind of assault, and less serious physical injuries inflicted are absorbed. (People
vs. Monson, [CA] G.R. No. 138850R, May 20, 1958). This seems to be the
correct rule in view of the provision of Art. 265. However, if the offended party is
an agent of a person in authority, the crime will be direct assault complex with
less serious physical injuries.
But the resistance or intimidation must always be serious whether the
offended party is a person in authority or his agent.

35

8. Person in authority (Art. 152) Direct vested with jurisdiction means the
power or authority to govern and execute the law, particularly the authority vested
in the judges to administer justice, that is to try and to render judgments on cases
in accordance with law. (People vs. Mendoza, 559 Phil. 163).
9. Agent of a person in authority. (See Art. 152, par. 2, as amended by
Rep. Act No. 1978).
10. In the performance of duties refers to the legitimate exercise of the
functions of the person in authority or his agent. The duties must be performed
according to law. (II Feria & Gregorio, P. 106, citing Cuello Calon). The accused
must
personally know the victim in the performance of his official duties.
(People vs. Villaseor, L-25874, Oct 24, 1970, 35 SCRA 461). On the occasion
of such performance means the impelling motive of the attack is the
performance of official duty. The words On occasion signify because or by
reason of the past performance of official duties even if at the very time of the
assault no official duty was being discharged. Justo vs. Court of Appeals, 53
O.G. 4082).
11. The motive for the assault is not essential where the person in
authority or his agent was assaulted while engaged in the performance of duties.
Where, however, the assault took place when the offended party was not
engaged in the performance of official duties, the motive becomes important
since it must be shown that the assault was committed by reason of the past
performance of official duties.
If the accused and the offended party, both
persons in authority or their agents descended into matters of private nature at
that moment, they could not be performing their duties, so direct assault is not
committed. (People vs. Yocoya, CA-G.R. No. 8522-R. May 26, 1953; People vs.
Calibo, [CA] 71O.G. 5624). Also, when both contend in the exercise of their
respective duties or there is an actual conflict of jurisdiction, no direct assault is
committed. (People vs. Velasco, G.R. No. 15407-CR, Feb. 13, 1975, 72 O.G.
2045).
If a person in authority or his agent accepted a challenge to fight, an
attack made by the accused is direct assault because the character of the person
ion authority or his agent is not presumed as laid off at will, but attaches to him
until he ceases to be in office. (Justo vs. Court of Appeals, 53 O.G. 4083).
12. it is necessary to show that accused has knowledge that the victim
was a person in authority or his agent, otherwise there will be no assault. (U.S.
vs. Alvear, 35 Phil. 626; People vs. Relin, 77 Phil. 1038). Likewise, there is no
assault where the person in authority or his agent exceeds or abuses his
authority as any resistance thereto will constitute an act of legitimate defense.
(People vs. Hernandez, 59 Phil. 343; People vs. Tilos, [CA] 35 O.G. 54; People
vs. Dumo [CA] 40 O.G. Supp. 5, 58).

36

When a teacher who gave provocation was assaulted by another, the

latter is liable only for physical injuries, aggravated by lack of respect due the
offended party. (People vs. Dingal, [CA] G.R. No. 02699-CR, April 16, 1964).
13. Direct assault may be committed upon a private person who comes to
the aid of a person in authority in view of the amendment of Art. 152 by Rep. Act.
No. 1978, since he is then considered an agent of a person in authority.
14. Direct assault may be complexed with other crimes. For instance,
where as a consequence of the assault, serious physical injuries are inflicted or
the victim is killed. (People vs. Pantollana, 12 CAR 622; People vs. Manigbax, et
al., 109 Phil. 469; People vs. Jaranilla , 55 SCRA 563); or if the injuries being
considered as an incident or consequence of the force or violence employed.
(People vs. Acierto, 57 Phil. 614).
15. This crime is within the jurisdiction of the Regional Trial Court as the
Judiciary Act in referring to assault, where the intent to kill is not charged or
evident upon the trial, refers to crimes against persons. (Villanueva, et al., vs.
Ortiz, et al., No. L-15344, May 30, 1960).
Art. 149. Indirect assaults. The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding P500 pesos shall be imposed
upon any person who shall make use of force or intimidation upon any person
coming to the aid of the authorities or their agents on occasion of the commission
of any of the crimes defined in the next preceding article.
1. Elements: (a) That direct assault is committed against an agent of a
person in authority; (b) the offended party comes to the aid of said agent of a
person in authority; and (c) offender uses force or intimidation upon the said
offended party.
2. Under Rep. Act. No. 1978, a private person who comes to the aid of a
person in authority is now an agent of a person in authority. If such private
person is himself assaulted while coming to the aid of a person in authority, direct
assault is committed.
3. However, if a private person who comes to the aid of an agent of a
person in authority on the occasion of a direct assault being committed against
the latter, is assaulted, indirect assault is committed.
Art. 150. Disobedience to summons issued by the National Assembly, its
committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions. The penalty of arresto mayor or a
fine ranging from two hundred to one thousand pesos, or both such fine and

37

imprisonment shall be imposed upon any person who, having been duly
summoned to attend as a witness before the National Assembly, (Congress), its
special or standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or before any
commission or committee chairman or member authorized to summon witnesses,
refuses, without legal excuse, to obey such summons, or being present before
any such legislative or constitutional body or official, refuses to be sworn or
placed under affirmation or to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required by them to do
so in the exercise of their functions. The same penalty shall be imposed upon
any person who shall restrain another from attending as a witness, or who shall
induce disobedience to a summon or refusal to be sworn by any such body or
official.
1. Acts Punished: (a) Disobedience without legal excuse to summons
issued by the National Assembly (now Congress) or any of its committees or subcommittees; and (b) refusal of any person present before a legislative or
constitutional body or official to: (1) be sworn or placed under affirmation, or (2) to
answer any legal inquiry, or (3) to produce any books, papers, documents, or
records in his possession when required to do so by said bodies in the exercise
of their functions.
2. Persons Liable: (a) Any person who commits any of the above acts;
and (b) Any person who: (1) restrains another from attending as a witness; or (2)
who induces him to disobey a summons, or (3) who induces him to refuse to be
sworn by such body.
3. Any of these acts may also constitute contempt of the national
Assembly (now Congress) and could be punished as such independent of the
criminal prosecution. (Lopez vs. De los Reyes, 55 Phil. 170).
Said power must be considered implied or incidental to the exercise of
legislative power or necessary to effectuate said power. (Arnualt vs. Balagtas, 31
O.G. 4017).
Art. 151. Resistance and disobedience to a person in authority or the agents of
such person. The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any person who not being included in the
provisions of the preceding articles shall resist or seriously disobey any person in
authority, or the agents of such person, while engaged in the performance of
official duties.
When the disobedience to an agent of a person in authority is not of a serious
nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos
shall be imposed upon the offender.

38

1. Elements: (a) There is no direct assault, indirect assault or

disobedience to a summons issued by Congress; (b) the offender resists or
seriously disobeys a person in authority or his agent; and (c) at the time of the
said resistance or disobedience, the person in authority or his agent is in the
performance of his duties.
If the resistance to an agent of a person in authority is not serious nature;
it is simple disobedience. To authorize disobedience to the order of an agent of a
person in authority, the illegality of the invasion of the individual right must be
clearly manifested. So the disobeyed order is possibly a proper case of protest
but if not manifestly illegal, disobedience thereof is penalized as slight
disobedience. (Gallego vs. People, et al., L-18247, Aug. 31, 1963, 8 SCRA 813).
2. The juridical conception of this crime consists in the exercise of their
official duties, and not with legal provisions of a general character, nor with
judicial decisions merely declaratory of rights or obligations, such as those proper
to be rendered in a civil suit relative to the property or possession of land or even
to the violations of prohibitory decisions, although undoubtedly of a more serious
character, cannot constitute the crime of disobedience to the authorities provided
for and punished by Art. 252, now Art. 151 of the Revised Penal Code, for they
give rise only to a civil action. (U.S. vs. Ramayrat, 22 Phil. 185).
Where the accused during a strike laid down on the road as human
roadblocks and thereafter disobeyed and resisted an order of an agent of a
person in authority to clear the road, this crime is committed. (People vs.
Macapuno, et al., [CA] 58 O.G. 4985).
3. What is punished is the resistance to a person in authority or his agent
in his official capacity while engaged in the performance of duties. (Uytiaco vs.
Court of Appeals, et al., No. L-20246, April 24, 1957). But it is essential that the
order discharge must be lawful. (People vs. Dauz, [CA] 40 O.G. Supp. 11, 107).
4. Striking a policeman in the breast who was arresting the offender (U.S.
vs. Tabiana, 37 Phil. 515), constitutes simple resistance an arrest without
knowing that the person arresting is vested with authority and who submits to the
arrest upon being informed of rights (U.S. vs. Alvear, 35 Phil. 626) does not
constitute resistance or disobedience.
5. Distinguished from direct assault: (a) In direct assault, the offended
party is assaulted while in the performance of his duties or by reason thereof. In
resistance or disobedience, the officer must be in the discharge of his duties; (b)
In direct assault, the resistance must be serious. In resistance or disobedience,
the resistance is not serious, that is, without manifest intention to defy the
authority of the law. Amended by Batas 873, that a person in authority includes a
lawyer in actual performance of his professional duties or on the occasion of
such performance.

39

Art. 152. Persons in authority and agents of persons in authority; Who shall be
deemed as such. In applying the provisions of the preceding and other articles
of this Code, any person directly vested with jurisdiction, whether as an individual
or as a member of some court or governmental corporation, board, or
commission, shall be deemed a person in authority. A barrio captain and a
barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid of persons
in authority, shall be deemed an agent of a person in authority.
In applying the provisions of Articles 148 and 151 of this Code, teachers,
professors and persons charged with the supervision of public or duly recognized
private schools, colleges and universities, and lawyers in the actual performance
of their professional duties or on the occasion of such performance, shall be
deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and
Batas Pambansa Blg. 873, June 12, 1985).
Persons in Authority
1. Any person directly vested with jurisdiction, whether as an individual or
as a member of some court or governmental corporation, board, or commission,
shall be deemed a person in authority. A barrio captain or barangay chairman
shall also be deemed a person authority. (As amended by R.A. No. 1978 and
Pres. Decree 299). Batas 879 include as persons in authority lawyers in actual
performance of duties or on the occasion of such performance.
2. In applying the provisions of Acts. 148 and 151, teachers, professors
and person engaged with the supervision of public or duly recognized private
schools, colleges and universities, shall be deemed persons in authority. (As
amended by C.A. No. 578).
3. A public school teacher is a person in authority for purposes of Articles
148 and 151 of the Revised Penal Code. (People vs. Magallanes, [CA] 74 O.G.
11260). A mere clerk in the Provincial Auditors office is neither a person in
authority nor an agent of a person in authority. (People vs. Carpizo, 80 Phil.
234).
4. A person in authority performs some functions to the government and is
directly vested with jurisdiction. (People vs. Site, CA-G.R. No. 17639-R, Sept.
22, 1958), like a governor of a province or a Division Superintendent of Schools.
Agents of Person in Authority.

40

Any person who by direct provision of law or by election or by appointment

by competent authority is charged with the maintenance of public order and the
protection and security of life and property, such as barrio vice-lieutenant.
(deleted in Presidential Decree No. 299), barrio councilman, barrio policeman,
barangay leader and any person who comes to the aid of a person in authority
shall be deemed an agent of a person in authority. (As amended by Rep. Act
1978 and P.D. 299). Officers and members of Barangay Community Brigades
are agents of a person in authority. (Pres. Decree No. 1232).

Chapter Five
PUBLIC DISORDERS
Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance
or interruption liable to cause disturbance. The penalty of arresto mayor in its
medium period to prision correccional in its minimum period and a fine not
exceeding 1,000 pesos shall be imposed upon any person who shall cause any
serious disturbance in a public place, office, or establishment, or shall interrupt or
disturb public performances, functions or gatherings, or peaceful meetings, if the
act is not included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character.
The disturbance or interruption shall be deemed to be tumultuous if caused by
more than three persons who are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any person who in any
meeting, association, or public place, shall make any outcry tending to incite
rebellion or sedition or in such place shall display placards or emblems which
provoke a disturbance of the public order.
The penalty of arresto menor and a fine not to exceed P200 pesos shall be
imposed upon these persons who in violation of the provisions contained in the
last clause of Article 85, shall bury with pomp the body of a person who has been
legally executed.
1. Kinds: (a) Causing serious disturbance in a public place, office or
establishment or (b) interrupting or disturbing public performances, functions or
gatherings, or peaceful meetings, provided the act is not included in Arts. 131
and 132; (c) making any outcry tending to incite rebellion or sedition in any
meeting, association or public place; and (d) displaying placards or emblems
which provoke a disturbance of public order in such place; and (e) burying with
pomp the body of a person who has been legally executed.

41

2. Any disturbance of public order may be termed public disorder if

embraced in any of the acts punished in Art. 153. If the disorder is caused by
more than three persons who are armed or provided with means of violence, the
public disorder is tumultuous.
3. The offense punished in the penultimate paragraph of Art. 153 is
distinguished from the felony of inciting to rebellion or inciting to sedition in that in
the former the outbursts which by nature may tend to incite rebellion or sedition
are spontaneous, and the meeting at the outset was legal, and became a public
disorder only because of such outcry, while in the latter felonies, the meeting
from the beginning was unlawful and what was uttered was deliberately
calculated with malice aforethought to incite others to rebellion or sedition.
Art. 154. Unlawful use of means of publication and unlawful utterances. The
penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be
imposed upon:
1. Any person who by means of printing, lithography, or any other means of
publication shall publish or cause to be published as news any false news which
may endanger the public order, or cause damage to the interest or credit of the
State;
2. Any person who by the same means, or by words, utterances or speeches
shall encourage disobedience to the law or to the constituted authorities or
praise, justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official
resolution or document without proper authority, or before they have been
published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed,
published, or distributed books, pamphlets, periodicals, or leaflets which do not
bear the real printer's name, or which are classified as anonymous.
1. Acts Punished: (a) Publishing or causing to be published by means of
writing, lithography or any other means of publication as news, any false news
which may endanger the public order, or cause damage to the interest of credit of
the state; (b) encouraging disobedience to the law or the duly constituted
authorities or by praising, justifying, or extolling any act punished by law, by the
same means or by words, utterances or speeches; (c) maliciously publishing or
causing to be published any official resolution or documents without proper
authority, or before they have been published officially; or (d) printing, publishing
or distributing (or causing the same) books, pamphlets, periodicals or leaflets
which do not bear the real printers name, or which are classified as anonymous.

42

Pres. Decree No. 90, Jan. 6, 1973 punishes rumor-mongering or

spreading false information which tends to cause panic, divisive effects among
people, discredit of or distrust constituted authorities, undermine the stability of
the government and other objects of the New Society, endanger the public order
or cause damage to the interest or credit of the state. This decree was repealed
by Executive order 65.
2. If the leaflet distributed merely contains open exhortations to disobey
the law requiring compulsory military training, the offender is liable under par. 2 of
Art. 154. However, if the leaflet also incited the people to rise publicly and
tumultuously to prevent the execution of that law, the crime is inciting to sedition.
(People vs. Arrogante, 39 O.G. 4974).,
Pres. Decree No. 33 dated Oct. 28, 1972 punishes any person without
taking up arms or being in open hostility against the government or without
inciting others to the execution of any act of rebellion, shall print or publish any
handbill, leaflet, poster or other similar material, or shall possess, distribute or
circulate any such printed or published materials, or shall draw, write or sketch
any immoral or indecent picture or word on any wall, fence, side walk or any
other visible public or private place which incite or tend to incite people to
violence or to ignore or disregard lawful orders of the government officials or to
undermine the integrity of the government or the stability of the state. This
decree was replaced by Executive Order 29.
Art. 155. Alarms and scandals. The penalty of arresto menor or a fine not
exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm,
rocket, firecracker, or other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places, provided that the circumstances of the case shall not
make the provisions of Article 153 applicable.
1. Acts Punished: (a) Discharging any firearm, rocket, fire-cracker, or
other explosives within any town or public place producing or calculated to cause
alarm or danger; (b) instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility; (c)
disturbing the public peace while wandering about the night or while engaged in
any other nocturnal amusement; or (d) causing any disturbance or scandal in

43

public places while intoxicated or otherwise, provided the act is not covered by
Art. 153.
2. Charivari is a mock serenade of discordant noises made with kettles,
tin horns, etc., designated to deride or annoy.
3. The firearm when discharged must not be pointed at a person;
otherwise, the felony will be illegal discharge of firearm. (Art. 254).
4. Where the accused entered a billiard hall and challenged everybody
when no one accepted his bet causing commotion and disorder, the crime is
covered not by Art. 153 but by Art. 155. A billiard hall is a public place. (People
vs. Gangdy, [CA] 40 O.G. Supp. 12, 1971).
Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its
maximum period of prision correccional in its minimum period shall be imposed
upon any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person, by means of
violence, intimidation, or bribery. If other means are used, the penalty of arresto
mayor shall be imposed.
If the escape of the prisoner shall take place outside of said establishments by
taking the guards by surprise, the same penalties shall be imposed in their
minimum period.
1. Elements: (a) The offender is a private individual; (b) He removes a
person confined in jail or a penal institution or helps in the escape of such
person; and (c) The means employed are violence, intimidation, bribery or any
other means.
2. The prisoner may be a detention prisoner or one sentenced by virtue of
a final judgment.
3. The offender is an outsider to the jail. If the offender is a public officer
or a private person who has the custody of the prisoner and who helps a prisoner
under his custody to escape, Arts. 223 and 225 will apply, respectively.
4. If the person who escapes is serving sentence by virtue of final
judgment, he commits evasion of sentence under Art. 157. A detention prisoner
is not liable for evasion of sentence under said article. If said prisoner
cooperates is his removal or escapes by acts without which the removal or
escape would not be realized, he is liable as a co-principal under Article 156.
(Cuello Calon II, p. 312).

44

5. If the prisoner was confined in a hospital when he was assisted in

escaping, the crimes is also committed because the hospital may be considered
as an extension of the jail.
6. This offense like other offense of similar nature may be committed
through imprudence or negligence. (Art. 365; People vs. Quitorio, CA-G.R. No.
5099-R, Jan 16, 1962).
7. A policeman assigned to the city jail as guard, who while he was offduty, brought a recently released prisoner inside the jail to substitute for a
detention prisoner whom he later brought out of jail, returning said prisoner inside
the jail about 5 hours thereafter is liable for the crime of delivering a prisoner from
jail and not for infidelity in the custody of prisoners. (People vs. Del Barrio, 4
CAR 337).
8. That the accused agreed to receive bribe money, is not an element of
crime. What constitutes the qualifying circumstance is the offenders act of
employing bribery as a means of removing or delivering the prisoner from jail and
not the offenders act of receiving or agreeing to receive a bribe as a
consideration for committing the offense, which could serve only as a generic
aggravating circumstance under Art. 14, par. 11. (People vs. Del Barrio, supra.)
9. The offense is committed in two ways: 1) by removing a prisoner
confined in jail or penal institution; 2) by helping said person to escape. To
remove means to take away a person from his place of confinement with or
without the active cooperation of the person released. To help in the escape of
such person is to furnish him with material means such as a file, ladder, rope,
etc. which greatly facilitates his escape. The offense under this article is usually
committed by an outsider who removes from jail any person therein confined or
helps hi escape. If the offender is the public officer who has custody or charge of
the prisoner, he is liable for infidelity in the custody of prisoner under Art. 223.
(Alberto vs. Judge de la Cruz, 98 SCRA 406 [1980]).
Chapter Six
EVASION OF SERVICE OF SENTENCE
Art. 157. Evasion of service of sentence. The penalty of prision correccional in
its medium and maximum periods shall be imposed upon any convict who shall
evade service of his sentence by escaping during the term of his imprisonment
by reason of final judgment. However, if such evasion or escape shall have taken
place by means of unlawful entry, by breaking doors, windows, gates, walls,
roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation,
or through connivance with other convicts or employees of the penal institution,
the penalty shall be prision correccional in its maximum period.

45

1. Elements: (a) Offender is a prisoner servi9ng sentence involving

deprivation of liberty by reason of final judgment and (b) He evades the service of
hi sentence during the term of his imprisonment.
2. The felony is qualified when the evasion takes place by: (a) Breaking
doors, windows, gates, walls, roofs, or floors; (b) Using picklocks, false keys,
disguise, deceit, violence, intimidation, or (c) connivance with other convicts or
employees of the penal constitution.
3. Jail-breaking is synonymous with evasion of sentence. (Alvarez vs.
Director of Prisons, 80 Phil. 43; Tanega vs. Masakayan, 19 SCRA 564).
4. The word imprisonment used in the English text of the Code is a
wrong or erroneous translation of the phrase sufriendo privacion de libertad
used in the Spanish text. Destierro, for example, is penalty-involving deprivation
of liberty, although partial, as the prisoner is deprived of his liberty to enter a
prohibited place. So, if he enters the prohibited area, he commits evasion of
service of sentence. (People vs. Abilong, 82 Phil. 172; People vs. Samonte, 57
Phil. 968, unpublished).
5. The crime of evasion of service of sentence is a continuing offense
which may be prosecuted in any place where the offender may be found.
(Parulan vs. Director of Prisons, L-28519, Feb. 17, 1968).
6. If an alien deported after having been found guilty of committing an
offense and who returns to the Philippine in violation of the term of the sentence,
evasion is not committed because in deportation one is not sentenced to a term
of imprisonment and thereafter breaks jail. (People vs. Loo Hee, 36 Phil. 867).
7. A detention prisoner who escapes is not punished because to escape
is an instinct of human nature. (Pacheco 503).
Art. 158. Evasion of service of sentence on the occasion of disorder,
conflagrations, earthquakes, or other calamities. A convict who shall evade the
service of his sentence, by leaving the penal institution where he shall have been
confined, on the occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the time still remaining to be
served under the original sentence, which in no case shall exceed six months, if
he shall fail to give himself up to the authorities within forty-eight hours following
the issuance of a proclamation by the Chief Executive announcing the passing
away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph,
shall give themselves up to the authorities within the above mentioned period of
48 hours, shall be entitled to the deduction provided in Article 98.

46

1. Elements: (a) Offender is a prisoner serving sentence and is confined

in a penal institution; (b) He evades his sentence by leaving the penal
constitution; (c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he has not
participated; and (d) He fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the chief Executive regarding the
passing away of the calamity.
2. The purpose of the law in granting a deduction of one-fifth (1/5) of the
period of sentence is to reward the convicts manifest intent of paying his debt to
society by returning to prison after the passing away of the calamity. (Lozada vs.
Acenas, 78 Phil. 226).
3. If the prisoner does not escape, if he entitled to any deduction of his
sentence. (Lozada vs. Acenas, 78 Phil. 226).
4. Mutiny or amotinamiento implies an organized unlawful resistance to
a superior officer; a revolt. (People vs. Padilla, [CA] 46 O.G. 2151). If some
detainees disarm their guards, and some prisoners, who participated thereto
escaped and thereafter returned to the penal establishment within 48 hours, the
special time allowance does not apply since there is no disorder as a
consequence of mutiny.
Art. 159. Other cases of evasion of service of sentence. The penalty of prision
correccional in its minimum period shall be imposed upon the convict who,
having been granted conditional pardon by the Chief Executive, shall violate any
of the conditions of such pardon. However, if the penalty remitted by the granting
of such pardon be higher than six years, the convict shall then suffer the
unexpired portion of his original sentence.
1. Remedies of the State if conditions of pardon are violated: (a) Judicial
remedy by prosecution of offender under Art. 159; (b) Administrative remedy by
ordering arrest and reincarceration of the offender under Sec. 64(i) of the
Revised Administrative Code.
2. Sec 64(i) of the Revised Administrative Code and art. 159 of the
Revised Penal Code can stand together and that the proceeding under one
provision does not necessarily preclude action under the other. Although under
Section 64(i) of the Revised Penal Code, a prisoner has been recommitted to
serve the remitted portion of his original sentence 4 years, 8 months, and 29
days for having violated the condition of his pardon, he may still be prosecuted
under Art. 159 of the Revised Penal Code and sentenced to suffer prision
correcional in its minimum period without prejudice to the authority conferred
upon the President by Sec. 64(i) of the Revised Administrative Code to recommit
him to serve the unexpired portion of his original sentence, unless such
unexpired portion of the original sentence secedes 6 years, in which case the

47

penalty of prision correccional in its minimum period provided by Art. 159 of the
Revised Penal Code shall no longer be imposed. (Sales vs. Director of Prisons,
48 O.G. 476).
3. In this jurisdiction, a conditional pardon is certainly a contract between
two parties: the Chief Executive, who grants the pardon, and the convict, who
accepts it. It does not become perfect until the convict is notified of the same
and accepts it with all its conditions (De Leon vs. Director of Prisons, 31 Phil. 30).
But when a conditional pardon is null and void, the conviction for violation of that
pardon is likewise ineffectual (Co Piao, et al., vs. Director of Prisons, 44 O.G.
1496).
4. The duration of the conditions of the pardon is limited to the period of
the prisoners sentence unless an intention to extend it beyond that time is
manifest from the nature of the condition or the language in which it is imposed.
(Infante vs. Provincial Warden, 48 O.G. 5228). This is so, otherwise, par don
instead of being an act of mercy would become an act of oppression and
injustice.
5. Violation of conditional pardon is not a public offense in the strict sense
of the word, for it does not cause harm or injury to the right of other persons nor
does it disturb the public order; and if it does not cause any harm it is to the
violator himself, who for not complying with the conditions of the pardon, has to
serve against the unexpired portion of the penalty imposed upon him for the
commission of the offense which was conditionally remitted or pardoned. While
the evasion of service of sentence is a public offense or a wrongful act separate
and independent from any other, it is not righted or effaced by the pardon or
remission of the penalty imposed in the sentence against the accused fro the
crime, the service of which the culprit tried to evade before the pardon. (Alvarez,
vs. Director of Prisons, 80 Phil.43).
6. If the penalty being served when the prisoner was pardoned is not
commitment but banishment, he will not be ordered to suffer or serve
imprisonment but only that period of banishment from which he was relieved for
his acceptance of the conditional pardon. The purpose pf the law is to restore
the accused to the same status in which he was before the pardon. (People vs.
Ponce de Leon, 56 Phil. 386).
7. Article 159 defines a distinct, substantive felony. The convict who is
regarded as having violated the provision thereof must be charged, prosecuted
and convicted by final judgment before he can be made suffer the penalty
prescribed in said article. (Torres vs. Gonzales, et al., G.R. 76872, July 23,
1987).

48

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for
another offense; Penalty. Besides the provisions of Rule 5 of Article 62, any
person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty prescribed by law for the new
felony.
Any convict of the class referred to in this article, who is not a habitual criminal,
shall be pardoned at the age of seventy years if he shall have already served out
his original sentence, or when he shall complete it after reaching the said age,
unless by reason of his conduct or other circumstances he shall not be worthy of
such clemency.
1. Elements: (a) Offender is convicted by final judgment of a felony or an
offense; and (b) He commits another felony before beginning to serve such
sentence or while serving the same.
2. Art. 160 applies although the next offense is different in character from
the former offense for which the defendant is serving sentence. (People vs.
Yabut, 58 Phil. 499), and it makes no difference whether the crime for which an
accused 8is serving the sentence at the time of the commission of the offense
charged, fall sunder the Revised Penal Code or under a special law. (People vs.
Peralta, No. L-15959, Oct. 11, 1961). The second offense must be a felony
punished in the Revised Penal Code.
3. The severe penalty imposed on a quasi-recidivist is justified because of
his perversity and incorrigibility. (People vs. Peralta, et al., L-19069, Oct. 29,
1968). If a person is convicted of a crime committed while serving sentence of a
previous crime he shall be sentenced to the maximum of the penalty prescribed
by law for the new crime without regard to the presence or absence of mitigating
or aggravating circumstances, or the complete absence thereof. (People vs.
Bautista, et al., L-38624, July 25, 1976, 72 O.G. 2117, March 1, 1976).
4. When the quasi-recidivist reaches the age of 70 years, he may be
pardoned unless he is a habitual delinquent.
5. Quasi-recidivism is a special aggravating circumstance which imposes
the maximum of the penalty for the new offense. It makes no difference, for the
purpose of the effect of quasi-recidivism under Article 160 of the Revised Penal
Code, whether the crime for which an accused is serving sentence at the time of

49

the commission of the offense charged, falls under the said Code or under
special law. Quasi-recidivism is punished with more severity than recidivism
proper because the aggravating circumstances of recidivism, as any other
aggravating circumstance, may not be offset by a mitigating circumstance
present in the commission of the crime whereas, in the case of quasi-recidivism,
the maxim8um degree of the penalty prescribed by law for the crime committed
should always be imposed irrespective of the presence of any mitigating
circumstances. (People vs. Alicia, et al., L-38176, Jan. 12, 1980). The mere
fact that the accused was serving the sentence at the New Bilibid Prison when
they committed the murder, does not justify the application of Article 160 if the
record is bereft of any evidence showing that they are serving sentence by virtue
o final judgment. (People vs. Capillas, et al., L-38756, Nov. 1984).
The fact that the accused was an escapee from the Davao Penal Colony
does not prove conviction by final judgment; he could have been still a detention
prisoner. (People vs. Santos, L-44973, Nov. 4, 1985).
6. Quasi-recidivism cannot be offset by any mitigating circumstance
(People vs. Aling, 96 SCRA 472[980] People vs. Tampas, 96 SCRA 624 [1960];
People vs. Villacortes, 97 SCRA 567 [1980] People vs. Libinia, 115 SCRA 223
[1980]. To be appreciated, quasi-recidivism must be specifically charged in the
information.

Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
Section One. Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief Executive.
Art. 161. Counterfeiting the great seal of the Government of the Philippine
Islands, forging the signature or stamp of the Chief Executive. The penalty of
reclusion temporal shall be imposed upon any person who shall forge the Great
Seal of the Government of the Philippine Islands or the signature or stamp of the
Chief Executive.
Art. 162. Using forged signature or counterfeit seal or stamp. The penalty of
prision mayor shall be imposed upon any person who shall knowingly make use
of the counterfeit seal or forged signature or stamp mentioned in the preceding
article.

50

1. Counterfeiting the great seal of the Government of the Philippines.

(Art. 161).
2. Forging the signature or stamp of the Executive. (Art. 161). The crime
is not falsification.
3. Knowingly making use of said counterfeit seal or forged signature or
stamp. (Art. 162). (Note: The offender in this crime performs an act pertaining to
that of an accessory but is punished by Art. 162 especially with a penalty one
degree lower than that provides for the counterfeiter or forger).

Section Two. Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. Any person who
makes, imports, or utters, false coins, in connivance with counterfeiters, or
importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed
P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of
the Central Bank of the Philippines of ten centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to
exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of
the Philippines or of the Central Bank of the Philippines below ten-centavo
denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000
pesos, if the counterfeited coin be currency of a foreign country. (As amended by
R.A. No. 4202, approved June 19, 1965).
1. Coins that may be the object of the crime: (a) gold or silver coins; (b)
minor coins of the Philippines; and (c) coin of the currency of a foreign country.
2. Art. 163 does not require that the coins counterfeited be of legal tender.
(People vs. Tin Ching Ting, G.R. No. L-4620, Jan. 20, 1952).
3. Even falsification of coins of a foreign country that have been
withdrawn from circulation is punishable. Reason: It is not alone the harm
caused to the public by the fact that it may go into circulation but the danger that
the counterfeiter produces his stay in the country and the possibility that h may
later counterfeit coins of legal tender. (People vs. Kong Leon, [CA] 48 O.G. 644).

51

4. Counterfeiting means to intimate a coin that is genuine. It gives an

appearance of one legal tender. The coin is counterfeit even if it has more
intrinsic value than the coin of legal tender. The criterion is that the imitation
must be such as to deceive an ordinary person in believing it to be genuine. If
the imitation is so imperfect that no one may be deceived, the felony cannot be
consummated. (II Feria & Gregorio, p. 132, citing Cuello Calon).
5. Importing of coins means to bring into port. Even before the coins are
entered in the Customs Office, importation is complete. This means that as long
as the vessel has entered port even without breaking bulk, there is importation.
Even if these coins are not placed in circulation, the mere act of importing is
punished. (II Feria & Gregorio, p. 132).
6. Uttering of coins means to circulate, to pass counterfeit coins. The act
of giving away or delivering or passing to another counterfeit coins is uttering. (II
Feria & Gregorio, citing decision of Supreme Court of Spain, p. 163).
7. Coins means a piece of round metal, which may sometimes be square
or any shape either of gold, silver, nickel or copper representing definite intrinsic
or exchange value, issued by the government authority to be used as money,
and usually bearing on one side, commonly called the observe, an allegory, sign,
shield, effigy, design, etc., containing the inscription or legend including all letters
and numerals of the coin. (II Feria & Gregorio, citing Albert, p. 132).
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. The
penalty of prision correccional in its minimum period and a fine not to exceed
P2,000 pesos shall be imposed upon any person who shall mutilate coins of the
legal currency of the United States or of the Philippine Islands or import or utter
mutilated current coins, or in connivance with mutilators or importers.
1. Acts Punished: (a) Mutilation of coins legal tender: (b) Importing of
mutilated current coins; and (c) Uttering of mutilated current coins in connivance
with the importers or mutilators.
2. Mutilation is to diminish by ingenious means the metal in the coin.
(People vs, Tin Ching Ting, supra).
Reasons why mutilated coins should be of legal tender. One who
mutilates a coin takes advantage of the metal abstracted. He appropriates a part
of the metal of the coin. Hence, the coin diminishes in intrinsic value. One who
utters said mutilated coin receives its legal value more than its intrinsic value.
So, the mutilated coin, must be of legal tender. (People vs, Tin Ching Ting,
supra).
Art. 165. Selling of false or mutilated coin, without connivance. The person
who knowingly, although without the connivance mentioned in the preceding

52

articles, shall possess false or mutilated coin with intent to utter the same, or
shall actually utter such coin, shall suffer a penalty lower by one degree than that
prescribed in said articles.
1. Acts Punished: (a) Possession of false or mutilated coins with intent to
utter; and (b) Actually uttering such coins without connivance with the maker or
importer.
2. Possession in general is punished, that is, not only actual, physical
possession but also constructive possession or the subjection of the thing to
ones control. (People vs. Andrada, [CA] 64 O.G. 5751). It does not require that
the coin be of legal tender. (People vs. Ting Ching Ting, [Unrep.] 90 Phil. 870).
3. Republic Act No. 427 which punishes possession of silver or nickel
coins in excess of P50.00 is mala prohibita. It is a measure of national policy to
protect the people in general and particularly the poorer class, from the
conspiracy of those hoarding silver or nickel coins and to preserve and maintain
the stability of the economy. (Rivera, Jr., et al., vs. People, et al., 7 CAR 108).
Section Three. Forging treasury or bank notes, obligations and securities;
importing and uttering false or forged notes,
Obligations and Securities.
Art. 166. Forging treasury or bank notes on other documents payable to bearer;
importing, and uttering such false or forged notes and documents. The forging
or falsification of treasury or bank notes or certificates or other obligations and
securities payable to bearer and the importation and uttering in connivance with
forgers or importers of such false or forged obligations or notes, shall be
punished as follows:
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000
pesos, if the document which has been falsified, counterfeited, or altered, is an
obligations or security of the United States or of the Philippines Islands.
The word "obligation or security of the United States or of the Philippine Islands"
shall be held to mean all bonds, certificates of indebtedness, national bank notes,
fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn
by or upon authorized officers of the United States or of the Philippine Islands,
and other representatives of value, of whatever denomination, which have been
or may be issued under any act of the Congress of the United States or of the
Philippine Legislature.
2. By prision mayor in its maximum period and a fine not to exceed P5,000
pesos, if the falsified or altered document is a circulating note issued by any
banking association duly authorized by law to issue the same.

53

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos,
if the falsified or counterfeited document was issued by a foreign government.
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos,
when the forged or altered document is a circulating note or bill issued by a
foreign bank duly authorized therefor.
1. Forging of: (a) treasury notes; (b) bank notes; and (c) certificates or
other obligations; and (d) securities payable to bearer.
2. Importation of such forged or falsified documents.
3. Uttering in connivance with the forger or importer of such forged
falsified documents.
a. The penalty varies in gravity according to the nature of the document.
b. Documents that may be forged.
1. An obligation or security of the Government of the Philippines. This
means all bonds, certificates of indebtedness, national bank notes, coupons,
Philippine Islands notes, treasury notes, fractional notes, certificates of deposit,
bills checks or drafts of money, drawn by, or upon authorized officers of the
Philippines, and other representative of value of whatever denomination, which
may be issued under any act of the national Assembly (now Congress).
2. A circulating note issued by any banking institution duly authorized by
law to issue the same.
3. A document issued by a foreign government.
4.
thereof.

A circulating note or bill issued by a foreign bank duly authorized

c. Forging a note of the Philippine National bank is penalized under Art.

166, par. 1. because the Philippine National Bank is a government bank itself an
obligation of the government of the Philippines. (People vs. Malapitan, [CA] O.G.
689). The Philippine National Bank no longer issue a bank note. The crime is
now falsification of a commercial document under Article 172 in relation to Article
171 of the Revised Penal Code.
d. Forging a sweepstakes ticket and attempting to collect the prize is the
complex crime of attempted estafa through falsification of a government security.
The alteration or even the destruction of a losing sweepstakes ticket could cause
no harm to anyone and would not constitute a crime were it not for the attempt to
cash the ticket so altered as a prize winning number. (People vs. Balmores, 47

54

O.G. 40090). Although a sweepstakes ticket is an official document for the

reason that it is printed by the Bureau of Printing under the authority of the
Philippine Government, it is however a security of the State under Act. No. 4130.
So, although the real offense committed is attempted estafa, technically and
legally the offender has to suffer for the more serious crime of falsification of
government security under par. 1, Art. 166. (People vs. Lavador, 56 O.G. 5750).
e. Purported imitation of mere forms of U.S. postal money orders are not
public or official documents or treasury or bank notes, certificates or obligations,
if the bank spaces are not filled up and the signature of a party purportedly to be
authorized to issue them be written by another therein. (People vs. Santiago,
[CA] 48 O.G. 4858).
f. That the falsified treasury warrants were in the possession of the
accused who had made use thereof and profited from the proceeds of the same,
presumption arises that said accused is the author of forgery. (People vs.
Manansala, 105 Phil. [Unrep.] 253; People vs. Robles, et al., 10 CAR 55).
Art. 167. Counterfeiting, importing and uttering instruments not payable to
bearer. Any person who shall forge, import or utter, in connivance with the
forgers or importers, any instrument payable to order or other document of credit
not payable to bearer, shall suffer the penalties of prision correccional in its
medium and maximum periods and a fine not exceeding P6,000 pesos.
1. Forging instruments payable to order or documents of credit not
payable to bearer. Example: Accused caused the printing of 45 checks by
incorporating details and wording contained in checks issued by a U.S. agency,
giving said checks the appearance of true and genuine documents. (People vs.
Orqueza, 14 CAR 730).
2. Importing such false instruments.
3. Uttering such false instruments in connivance with the forger or the
importer. The utterer is a person different from or other than the person of the
forger or the importer. Connivance has reference to the act of uttering the forged
instrumental with the forger or importer. (People vs. Orqueza, 14 CAR 730).
Art. 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit. Unless the act be one of those coming under the
provisions of any of the preceding articles, any person who shall knowingly use
or have in his possession, with intent to use any of the false or falsified
instruments referred to in this section, shall suffer the penalty next lower in
degree than that prescribed in said articles.
1. Act Punished: Knowingly possession with intent to use any of such
forged treasury or bank notes.

55

2. Possession of false treasury or bank note alone without an intent to

use it not a criminal offense. (People vs. Camolo Digoro, L-22032, March 4,
1966, 16 SCRA 376). But mere possession with intent to utter consummates the
crime of illegal possession of false notes. (People vs. Santos, [CA] 47 O.G.
3587; Del Rosario vs. People, 113 Phil. 626).
3. Elements: (a) Note is counterfeit; (b) Accused has knowledge that such
bill is counterfeit; (c) Intent to make use of it. (People vs. Barraquia, 76 Phil. 490;
People vs. Norte, [CA] 38 O.G.86).
Art. 169. How forgery is committed. The forgery referred to in this section may
be committed by any of the following means:
1. By giving to a treasury or bank note or any instrument, payable to bearer or
order mentioned therein, the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures,
letters, words or signs contained therein.
Ex. a) Erasing the words or order in a treasury warrant and making it
appear as payable to bearer. (U.S. vs. Solito, 36 Phil. 785); 9B0 Pasting a piece
of paper with the figure 10 over the figure 1 in dollar bill and passing it for
$10.00 (U.S. vs. Gardner, 3 Phi9l. 398).
Presidential Decree 247 (1973) punishes any person who willfully defaces,
mutilates, tears, burns or destroy, in any manner whatsoever, currency notes or
coins issued by the Central Bank of the Philippines with the penalty of a fine of
not more than P20,000 and/or by imprisonment of not more than 5 years.
Section Four. Falsification of legislative, public, commercial, and private
documents, and wireless, telegraph, and telephone message.
Art. 170. Falsification of legislative documents. The penalty of prision
correccional in its maximum period and a fine not exceeding P6,000 pesos shall
be imposed upon any person who, without proper authority therefor alters any
bill, resolution, or ordinance enacted or approved or pending approval by either
House of the Legislature or any provincial board or municipal council.
1. Elements: (a) Accused is any person; (b) Without authority makes an
alteration in any bill, resolution or ordinance of the National Assembly now
Congress, provincial board or municipal council and (c) Such may be enacted,
approved, or pending approval in said legislative body.
2. The accused must not be a public official entrusted with the custody or
possession of such document; otherwise Art. 171 will apply.

56

3. The alteration must have the effect of changing the meaning of the
document.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic
minister. The penalty of prision mayor and a fine not to exceed P5,000 pesos
shall be imposed upon any public officer, employee, or notary who, taking
advantage of his official position, shall falsify a document by committing any of
the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes
its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this
article, with respect to any record or document of such character that its
falsification may affect the civil status of persons.
1. Acts Punished: (a) Counterfeiting or imitating any handwritten,
signature or rubric; (b) Causing it to appear that persons have participated in any
act or proceeding when they did not in fact so participate; (c) Attributing to
persons who have participated in an act or proceeding, statements other than
those in fact made by them; (d) Making untruthful statements in a narration of
facts; (e) Altering true dates; (f) Making any alteration or intercalation in a
genuine document documents which changes its meaning; (g) Issuing in an
authenticated form a document purported to be a copy of an original document

57

when no such document exists, or including in such copy a statement contrary to,
or different from that of the genuine document; and (h) Intercalating any
instrument or more relative to the issuance thereof in a protocol registry or official
book.
2. Elements: (a) Offender is public officer; employee or notary; (b) He
takes advantage of his official position; and (c) Falsifies document by any of the
means enumerated above.
Making Untruthful Statements in a Narration of Facts (Par 4).
1. Elements: (a) Obligation on the part of the accused to disclose the
truth; and (b) Wrongful intent to injure a third person. People vs. Quasha, 39
O.G. 2826). The untruthful narration must also be such as to affect the integrity
of the document or to change the effects which it would other wise produce.
Making alteration or Intercalation in a Genuine Document (par 6).
1. Elements: (a) There is a genuine documents; (b) an alteration or
intercalation is made therein; (c) such changes the meaning of the document;
and (d) the change made the document speak something false.
Art. 172. Falsification by private individual and use of falsified documents. The
penalty of prision correccional in its medium and maximum periods and a fine of
not more than P5,000 pesos shall be imposed upon:
1. Any private individual who shall commit any of the falsifications enumerated in
the next preceding article in any public or official document or letter of exchange
or any other kind of commercial document; and
2. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
falsification enumerated in the next preceding article.
Any person who shall knowingly introduce in evidence in any judicial proceeding
or to the damage of another or who, with the intent to cause such damage, shall
use any of the false documents embraced in the next preceding article, or in any
of the foregoing subdivisions of this article, shall be punished by the penalty next
lower in degree.
1. Acts Punished: (a) Falsification of any public or official or commercial
document by a private individual; (b) Falsification of a private document; and (c)
Use of such falsified document.
2. The crime punished in the paragraph of Art. 172 (introducing in
evidence in any judicial proceedings or to the damage of another who uses such

58

fake documents) is not necessarily included in the crime of falsification of a public

document by a public officer or empoyee or by a private person.
Falsification of Private Document.
1. Elements: 9a) The document is false; and (b) there is damage or intent
to cause damage.
Use of Falsified Documents (par 3 of Art. 172).
1. Elements: (a) The documents is false (as embraced in Art. 171 and Art.
172, pars. 1 and 2); and (b) The accused had knowledge that such was false.
2. If the forged checks were cashed by the accused although there is no
actual proof that the accused forged them, the use of those forged check how
that the accused either committed the forgery himself or knew the checks were
forged. (People vs. De lara, 45 Phil, 574). The holder of a falsified sweepstakes
ticket is presumed to be the author of a falsification and he has the burden to
present satisfactory evidence to the contrary.
3. If the false documents is used in another proceeding, there must be
damage or intent to cause damage.
4. The use of a falsified document is not necessarily included in the crime
of falsification of a public document.
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and
use of said falsified messages. The penalty of prision correccional in its
medium and maximum periods shall be imposed upon officer or employee of the
Government or of any private corporation or concern engaged in the service of
sending or receiving wireless, cable or telephone message who utters a fictitious
wireless, telegraph or telephone message of any system or falsifies the same.
Any person who shall use such falsified dispatch to the prejudice of a third party
or with the intent of cause such prejudice, shall suffer the penalty next lower in
degree.
1. Acts Punished: (a) Uttering fictitious message; (b) Falsifying message
(par 1); (c) Issuing falsified message (par 1); and (d) Issuing falsified message to
the prejudice of a third person or with intent to cause such damage (par 2).
2. The acts under pars. (a) and (b) can be committed either by an officer
or employee of the government, or a private person who is an officer or
employee of a private corporation engaged in the services of sending or
receiving wireless, cable or telephone message. The act under par. (c) may be

59

committed by any person, whether he is a public officer or employee or a private

person.
3. Where an employee of a telegraph office falsified a telegram even
though not received, in order to frighten a third person, although as a joke, he is
liable under this article. (Decision of Supreme Court of Spain, May 16, 1889).
However, a private person who falsified a telegram to defraud another is guilty of
estafa only, since a private person is not liable under par. 1 of this article for
falsification of a telegram. Dec. Supreme Court of Spain., May 31, 1889).
4. The telegraph operator and public official who, with intent to gain,
reduces the number of words written in a telegram received by him for dispatch,
by making alterations in its wording, when unauthorized to do so by the sender,
and who transmit by wire in the form as amended by him after suppressing
several of the words therein contained, commits the crime of falsification of a
telegram. (U.S. vs. Romero, 17 Phil. 76).

Section Five. Falsification of medical certificates,

certificates of merit or services and the like.
Art. 174. False medical certificates, false certificates of merits or service, etc.
The penalties of arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not to exceed P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice of his
profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit of service, good
conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private person who
shall falsify a certificate falling within the classes mentioned in the two preceding
subdivisions.
1. Acts Punished: (a) Issuance of a false certificate by a physician or
surgeon in connection with the practice of his profession; (b) Issuance of false
certificate of merit or service, good conduct or similar circumstances by a public
officer; and (c) Falsification by a private person of any certificate falling (a) and
(b).
2. The certificate need not refer to an illness or injury to exempt a person
from the performance of a public duty. The crime is committed if the false
certificate is issued to exempt a person from performing a private duty. However,
it is essential that the medical certificate is issued knowing it to be false.

60

3. In par. 2, intent to gain is immaterial. But if the public officer issued the
false certificate in consideration of a promise, gift or reward, he will also liable for
bribery. (Art. 210).
Art. 175. Using false certificates. The penalty of arresto menor shall be
imposed upon any one who shall knowingly use any of the false certificates
mentioned in the next preceding article.
1. Elements: (a) There must be a false certificate as defined in Art. 174;
(b) Knowledge that the certificate is false; and (c) Offender uses the same.
2. False certificates must not be confused with falsified documents under
Arts. 171 and 172. use of the false certificates mentioned in Art. 174, whether in
a judicial or nay proceeding with knowledge of their falsity, will subject the
offender to prosecution under Art. 175. Use of the documents covered in Articles
171 and 172, will make the offender liable under par 3 of Art. 172.

Section Six. Manufacturing, importing and possession of instruments or

implements intended for the commission of falsification.
Art. 176. Manufacturing and possession of instruments or implements for
falsification. The penalty of prision correccional in its medium and maximum
periods and a fine not to exceed P10,000 pesos shall be imposed upon any
person who shall make or introduce into the Philippine Islands any stamps, dies,
marks, or other instruments or implements intended to be used in the
commission of the offenses of counterfeiting or falsification mentioned in the
preceding sections of this Chapter.
Any person who, with the intention of using them, shall have in his possession
any of the instruments or implements mentioned in the preceding paragraphs,
shall suffer the penalty next lower in degree than that provided therein.
1. Acts Punished: (a) Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or implements intended to be used for
counterfeiting, and (b) Possession with intent to use any of the instruments
mentioned above.
2. In order to secure a conviction under the article, it is not necessary that
the implements confiscated form a complete set for counterfeiting a $10.00 U.S.
military payment certificate, it being enough that they may be employed by

61

themselves or together with other implements to commit the crime of

counterfeiting or falsification. (People vs. Santiago, et al., [CA] 48 O.G. 4401).

Chapter Two
OTHER FALSIFICATIONS
Sec. One. Usurpation of authority, rank, title, and improper use of names,
uniforms and insignia.
Art. 177. Usurpation of authority or official functions. Any person who shall
knowingly and falsely represent himself to be an officer, agent or representative
of any department or agency of the Philippine Government or of any foreign
government, or who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the Philippine
Government or any foreign government, or any agency thereof, without being
lawfully entitled to do so, shall suffer the penalty of prision correccional in its
minimum and medium periods.
1. Acts Punished: (a) Knowingly and falsely, representing oneself to be
an officer, agent or representative of any department or agency of the Philippine
Government or of any foreign government; and (b) Performing any act pertaining
to any person in authority or public officer of the Philippine Government or any
foreign government or any agency thereof, under pretense of official position and
without being lawfully entitled to do so. (People vs. Escobar, et al., [CA] G.R. No.
6725-R, Oct. 31, 1951).
2. Violation of Art. 177 is not restricted to private individuals. Public
Officials may also commit this felony. Thus, where defendant, a municipal
councilor, continued exercising the duties of the mayor notwithstanding the
opinion given the Vice-Mayor had the right to exercise such duties in the absence
of the Mayor, it was held that the defendant was guilty of usurpation of official
functions. (People vs. Hilvano, 52 O.G. 5491).
3. The penalty provided under this article is prision correccional in its
minimum and medium periods. Where, however, the authority or function
usurped pertains to diplomatic, consular, or any other official of a foreign
government duly accredited as such to the Government of the Republic of the
Philippines, a fine of not more than P5,000.00 or imprisonment for not more than
5 years or both is imposed, in addition to the penalty under this Article. (Sec. 1,
RA No. 75).
4. Republic Act No. 10, September 2, 1946, punishes any person who,
with or without pretense of official position, shall perform act pertaining to the

62

Government or to any person in authority or public officer, without being lawfully

authorized to do so, with imprisonment for not less than 2 years nor more than 10
years.
Under this law, the act committed must pertain to (1) the government; (2)
or to any person in authority or (3) to any public officer. The prosecution must
show the law, executive or legal decree, authorizing the government or person in
authority or public officer to perform the act and the government agency, person
in authority or public officer who actually performs the act. (People vs. Laguitan,
[CA] 64 O.G. 11823). Rep. Act No. 10 was intended as an emergency measure
to counteract the subversive activities of seditious organizations at the tine of its
enactment. So, pretense of official position required in Art. 177 is eliminated.
Hence, the one liable under Rep. Act. No. 379, however, the elements of
pretense of official position is restored. (People vs. Lidres, L-12495, July 26,
1960.)
Art. 178. Using fictitious name and concealing true name. The penalty of
arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any
person who shall publicly use a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing damage.
Any person who conceals his true name and other personal circumstances shall
be punished by arresto menor or a fine not to exceed 200 pesos.
1. Two acts are punished by this article, namely: (a) Using a fictitious
name; and (b) concealing true name.
2. Elements of using a fictitious name: (a) offender used a name other
than his real name and the factitious name was used publicly in order (1) to
conceal crime; (2) to evade a judgment; or (3) to cause damage to public
interest.
3. Signing of fictitious name in passport application is a public use of
fictitious name (People vs. To Hee Piu, 35 Phil. 4). The Anti-Alias Law (Com. Act
142) is not violated if one uses a name with which he was christened or by which
he was known since childhood. (People vs. Tan Ko Koa, [CA] 74 O.G. 8453).
Under Com. Act No. 142, except as pseudonym for literary, cinema,
television, radio or other entertainment purposes and in athletic events where the
use of a pseudonym is a normally accepted practice, no person shall use any
name different from the one with which he was registered at birth in the office of
the local civil registry, or with which he was registered in the immigration office
upon entry. A substitute name or an alias may be used only as authorized by
competent or judicial authority.

63

The use of an alias without judicial authority is punished in Sec. 4 of Com.

Act 142 (Marca vs. Republic, 8 CAR 242, Hock Lian vs. Republic, 8 CAR 242,
Hock Lian vs. Republic, 17 SCRA 188) and being known in business by an alias
name is not sufficient to allow him its use. (Yun Kheng Chian vs. Republic, 106
Phil. 762).
A common-law-wife does not incur criminal liability under Commonwealth
Act 142 re: use of an alias if she uses the family mane of the man she has been
living with for almost 20 years, introduced by him to the public as his wife and
she assumed that role and his name without any sinister motive or personal
material again in mind. She applied for benefits upon his death not for herself
but for their son of tender age who was under her guardianship. (Rivera vs.
Intermediate Appellate Court, L-63817, August 28, 1984, 131 SCRA 478).
4. Elements of concealing true name: (a) Offender conceals his true
name and other personal circumstances; and (b) the purpose is in order to
conceal his identity.
Art. 179. Illegal use of uniforms or insignia. The penalty of arresto mayor shall
be imposed upon any person who shall publicly and improperly make use of
insignia, uniforms or dress pertaining to an office not held by such person or to a
class of persons of which he is not a member.
1. Elements: (a) Offender publicly makes use of insignia, uniform or
dress; and (b) the insignia, uniform or dress pertains to an office not held by the
offender or pertains to a class of persons of which the offender in not a member.
2. Exact imitation of the uniform is not necessary. Colorable resemblance
calculated to deceive the common run of people and not those thoroughly
familiar with every detail or accessory is sufficient. (People vs. Romero, 58 O.G.
4402).
3. The term improperly (indedibo in Spanish) means that the offender
has no right to use the uniform or insignia. (II Feria & Gregorio, p. 185, citing
Cuello Calon).
Section Two. False testimony
Art. 180. False testimony against a defendant. Any person who shall give false
testimony against the defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have
been sentenced to death;

64

2. The penalty of prision mayor, if the defendant shall have been sentenced to
reclusion temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been sentenced
to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender shall further
suffer a fine not to exceed 1,000 pesos.
1. The penalty prescribed by Art. 180 depends upon the sentence
imposed upon the accused in the criminal cases where the false testimony was
given except was given in the case of a judgment of acquittal. Since Art180 does
not prescribe the penalty where the defendant in a criminal case is sentenced to
a light penalty, false testimony in this instance cannot be punished considering
that a penal law is to b strictly construed.
2. False testimony may be committed even if the false testimony is not
considered or is not given any weight or even if the accused is acquitted.
Against the defendant means a false testimony that tends to establish or
aggravate the guilt of the accused and not the result that said testimony may
produce.
Art. 181. False testimony favorable to the defendants. Any person who shall
give false testimony in favor of the defendant in a criminal case, shall suffer the
penalties of arresto mayor in its maximum period to prision correccional in its
minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a
felony punishable by an afflictive penalty, and the penalty of arresto mayor in any
other case.
1. Intent to favor the accused is essential is this kind of false testimony.
However, it is not necessary that the false testimony given should directly
influence the decision of acquittal. (People vs. Reyes, supra).
2. The penalty provided by this article is less than that which is the
preceding one because there is no danger to the life or liberty of the defendant.
Independent evidence of falsity is not required for conviction. (People vs. Reyes
[CA] 48 O.G. 1837; See People vs. Arazola, [CA] 65 O.G. 10887).
Art. 182. False testimony in civil cases. Any person found guilty of false
testimony in a civil case shall suffer the penalty of prision correccional in its
minimum period and a fine not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its
maximum period to prision correccional in its minimum period and a fine not to

65

exceed 1,000 pesos, if the amount in controversy shall not exceed said amount
or cannot be estimated.
1. Elements: (a) The testimony must be given in a civil case; (b) The
testimony must relate to the issues presented in said case; (c) The testimony
must be false; (d) The false testimony must be given by the defendant knowing
the same to be false; and (e) Such testimony must be malicious and given with
an intent to affect the issues presented in said case. (U.S. vs. Aragon, 5 Phil.
469).
2. The penalty is made to depend upon the amount involved.
3. Where the testimony in question was not given in a civil case, pursuant
to Sec. 1, Rule 2, Rules of Court, wherein a controversy over an amount existed
between one party who is called the plaintiff and another who is called the
defendant, but in a special proceeding under Sec. 2 Rule 74, wherein the gross
value of the state of a deceased person is determinative of the courts
jurisdiction, Art 182 penalizing the giving of false testimony in civil cases doen not
apply. (People vs. Hernandez, [CA] G.R. No. 15619-R, Nov. 20, 1960). The
crime is perjury.
Art. 183. False testimony in other cases and perjury in solemn affirmation. The
penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon any person, who knowingly makes
untruthful statements and not being included in the provisions of the next
preceding articles, shall testify under oath, or make an affidavit, upon any
material matter before a competent person authorized to administer an oath in
cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall
commit any of the falsehoods mentioned in this and the three preceding articles
of this section, shall suffer the respective penalties provided therein.
1. Perjury Defined. Perjury is the willful and corrupt assertion of
falsehood under oath or affirmation administered by authority of law on a material
matter.
2. Elements: (a) Statement or affidavit upon material matter made under
oath; (b) Before a competent officer authorized to receive and administer such
oath; (c) Willful and deliberate assertion of a falsehood by the offender; and (d)
The sworn statement containing the falsity is required by law. (People vs.
Bautista, [CA] 40 O.G., 2491).
3. Material Matter means the main fact which is the subject of the
inquiry, or any circumstance which tends to prove the fact, or any fact or
circumstance which tends to corroborate or strengthen the testimony relative to

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the subject of the inquiry, or which legitimately affects the credit of any witnesses
who testified.
4. The phrase when the law so requires does not mean that the sworn
statement or affidavit must be required by law. The word requires is merely
permissive, not mandatory.
Art. 184. Offering false testimony in evidence. Any person who shall knowingly
offer in evidence a false witness or testimony in any judicial or official proceeding,
shall be punished as guilty of false testimony and shall suffer the respective
penalties provided in this section.
1. Elements: (a) Offer in evidence of a false witness or testimony; (b)
Offender knows such falsity; and (c) Offer was made in a judicial or official
proceeding.
2. The felony is consummated the moment a false witness is offered in
any judicial or official proceeding. Looking for a false witness is not punishable
by law as that is not offering a false witness. (Dec. Supreme Court of Spain, July
4, 1827).
3. The penalty shall be that of false testimony if the offer was made in a
judicial proceeding, and that of perjury if made in an official proceeding.
4. Is subordination of perjury punished in the Code? Subordination of
perjury no longer exists in our Revised Penal code but the act is punished as
plain perjury under art. 183 in relation to Art. 17. The inducer becomes a
principal by inducement and the one induced, a principal by direct participation.
(People vs. Padol, 66 Phil. 365). For conviction of subornation of perjury, any
essential elements constituting the crime of perjury must be established by
competent testimony. (People vs. Bellena, 68 Phil. 382).

Chapter Three
FRAUDS
Section One. Machinations, monopolies and combinations
Art. 185. Machinations in public auctions. Any person who shall solicit any gift
or promise as a consideration for refraining from taking part in any public auction,
and any person who shall attempt to cause bidders to stay away from an auction
by threats, gifts, promises, or any other artifice, with intent to cause the reduction
of the price of the thing auctioned, shall suffer the penalty of prision correccional
in its minimum period and a fine ranging from 10 to 50 per centum of the value of
the thing auctioned.

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1. Acts Punished: (a) Soliciting any gift or promise as a consideration for

refraining from taking part in any public auction; and (b) Attempting to cause
bidders to stay away from an auction by threats, gifts, promises or any other
artifice, with intent to cause the reduction of the price of the thing auctioned.
2. The crime is consummated by the mere act of soliciting a gift or
promise for the purpose of abstaining from taking part in any public auction.
(Diaz vs. Kapunan, 45 Phil. 482).
Art. 186. Monopolies and combinations in restraint of trade. The penalty of
prision correccional in its minimum period or a fine ranging from 200 to 6,000
pesos, or both, shall be imposed upon:
1. Any person who shall enter into any contract or agreement or shall take part in
any conspiracy or combination in the form of a trust or otherwise, in restraint of
trade or commerce or to prevent by artificial means free competition in the
market;
2. Any person who shall monopolize any merchandise or object of trade or
commerce, or shall combine with any other person or persons to monopolize and
merchandise or object in order to alter the price thereof by spreading false
rumors or making use of any other article to restrain free competition in the
market;
3. Any person who, being a manufacturer, producer, or processor of any
merchandise or object of commerce or an importer of any merchandise or object
of commerce from any foreign country, either as principal or agent, wholesaler or
retailer, shall combine, conspire or agree in any manner with any person likewise
engaged in the manufacture, production, processing, assembling or importation
of such merchandise or object of commerce or with any other persons not so
similarly engaged for the purpose of making transactions prejudicial to lawful
commerce, or of increasing the market price in any part of the Philippines, of any
such merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or of any article in the manufacture
of which such manufactured, produced, or imported merchandise or object of
commerce is used.
If the offense mentioned in this article affects any food substance, motor fuel or
lubricants, or other articles of prime necessity, the penalty shall be that of prision
mayor in its maximum and medium periods it being sufficient for the imposition
thereof that the initial steps have been taken toward carrying out the purposes of
the combination.

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Any property possessed under any contract or by any combination mentioned in

the preceding paragraphs, and being the subject thereof, shall be forfeited to the
Government of the Philippines.
Whenever any of the offenses described above is committed by a corporation or
association, the president and each one of its agents or representatives in the
Philippines in case of a foreign corporation or association, who shall have
knowingly permitted or failed to prevent the commission of such offense, shall be
held liable as principals thereof.
1. Acts Punished: (a) Entering into a conspiracy or combination in
restraint of trade or to prevent by artificial means free competition in the market;
(b) Monopoly of merchandise to alter prices by spreading false rumors or any
other artificial means to restrain free competition in the marker and (c) Acts of
manufacturers, producers, processors or importers prejudicial to lawful
commerce.
2. Persons liable when any of said acts is committed by a corporation or
association: (a) If it is a domestic corporation or association, the president or one
of the directors or managers thereof; (b)) If it is a foreign corporation or
association, the agent or representative thereof.
3. Grounds of liability: (a) Knowingly permitting commission of said acts,
or (b) Failing to prevent commission of said acts.
Section Two. Frauds in commerce and industry
Art. 187. Importation and disposition of falsely marked articles or merchandise
made of gold, silver, or other precious metals or their alloys. The penalty of
prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed on any person who shall knowingly import or sell or dispose of any
article or merchandise made of gold, silver, or other precious metals, or their
alloys, with stamps, brands, or marks which fail to indicate the actual fineness or
quality of said metals or alloys.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual
fineness of the article on which it is engraved, printed, stamped, labeled or
attached, when the rest of the article shows that the quality or fineness thereof is
less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand, label
or mark. But in case of watch cases and flatware made of gold, the actual
fineness of such gold shall not be less by more than three one-thousandth than
the fineness indicated by said stamp, brand, label, or mark.

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1. Acts Punished: Knowingly (a) importing, (b) selling, or (c) disposing of

any article or merchandise made of gold, silver, or other precious metal which
does not indicate actual fineness or quality of said metals.
2. When stamp, brand, label or mark deemed to fail to indicate actual
fineness of article: (a) If made of gold, when less by more than one-half (1/2)
karat than what is shown in the brand of stamp; (b) If made of silver, when less
by more than four one-thousandth than what is shown in the brand or stamp; (c)
In case of watch cases and flatware made of gold, when less by more than three
one-thousandth than what is indicated in the brand or stamp.
Art. 188. Subsisting and altering trade-mark, trade-names, or service marks.
The penalty of prision correccional in its minimum period or a fine ranging from
50 to 2,000 pesos, or both, shall be imposed upon:
1. Any person who shall substitute the trade name or trade-mark of some other
manufacturer or dealer or a colorable imitation thereof, for the trademark of the
real manufacturer or dealer upon any article of commerce and shall sell the
same;
2. Any person who shall sell such articles of commerce or offer the same for sale,
knowing that the trade-name or trade- mark has been fraudulently used in such
goods as described in the preceding subdivision;
3. Any person who, in the sale or advertising of his services, shall use or
substitute the service mark of some other person, or a colorable imitation of such
mark; or
4. Any person who, knowing the purpose for which the trade-name, trade-mark,
or service mark of a person is to be used, prints, lithographs, or in any way
reproduces such trade-name, trade-mark, or service mark, or a colorable
imitation thereof, for another person, to enable that other person to fraudulently
use such trade-name, trade-mark, or service mark on his own goods or in
connection with the sale or advertising of his services.
A trade-name or trade-mark as herein used is a word or words, name, title,
symbol, emblem, sign or device, or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for the purpose of enabling the
public to distinguish the business of the person who owns and uses said tradename or trade-mark.
A service mark as herein used is a mark used in the sale or advertising of
services to identify the services of one person and distinguish them from the
services of others and includes without limitation the marks, names, symbols,
titles, designations, slogans, character names, and distinctive features of radio or
other advertising.

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1. Acts Punished: (a) Substitution of trademark or tradename of a,

manufacturer for the trademark or tradename of the real manufacturer upon an
article of commerce and selling the same; (b) Selling said articles knowing the
fraudulent use of said trademark or tradename; (c) Using or substituting service
mark of some person in the sale or advertising of his service, and (d)
Reproducing the trademark, tradename, or service mark of a person for another
to enable the latter to fraudulently use the same upon his goods and services.
2. One of the distinguishing characteristics of tradenames is that, unlike
the trademarks, they are not necessarily attached or affixed to the goods of the
owner. Tradenames are protected against use or imitation upon the ground of
unfair competition. The purpose of the law is to protect the manufacturer or
dealers as well as the public. (People vs. Go Yee Bio, [CA] 38 O.G. 1082).
Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or
service mark, fraudulent designation of origin, and false description. The
penalty provided in the next proceeding article shall be imposed upon:
1. Any person who, in unfair competition and for the purposes of deceiving or
defrauding another of his legitimate trade or the public in general, shall sell his
goods giving them the general appearance of goods of another manufacturer or
dealer, either as to the goods themselves, or in the wrapping of the packages in
which they are contained or the device or words thereon or in any other features
of their appearance which would be likely to induce the public to believe that the
goods offered are those of a manufacturer or dealer other than the actual
manufacturer or dealer or shall give other persons a chance or opportunity to do
the same with a like purpose.
2. Any person who shall affix, apply, annex or use in connection with any goods
or services or any container or containers for goods a false designation of origin
or any false description or representation and shall sell such goods or services.
3. Any person who by means of false or fraudulent representation or declarations
orally or in writing or by other fraudulent means shall procure from the patent
office or from any other office which may hereafter be established by law for the
purposes the registration of a trade-name, trade-mark or service mark or of
himself as the owner of such trade-name, trade-mark or service mark or an entry
respecting a trade-name, trade-mark or service mark.
1. Acts Punished: (a) Unfair competition by selling goods giving them the
appearance of goods of another; (b) Affixing in goods false designation of origin;
and (c) Fraudulent registration of trademark, tradename or service mark.
2. Unfair competition consists in employing deception or any other means
contrary to good faith by which any person shall pass off the goods manufactured
by him or in which he deals, or his business, or services for those of one having

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established goodwill, or committing any act calculated to produce said result.

(R.A. No. 166, Sec. 29, par.2).
3. The true test of unfair competition is whether certain goods have been
clothe with an appearance which is likely to deceive the ordinary purchaser
exercising ordinary care, and not whether a certain limited class of purchasers
with special knowledge not possessed by the ordinary purchaser could avoid
mistake by the exercise of this special knowledge. (U.S. vs. Manuel, 7 Phil. 221).
There is unfair competition even though the genuine product was not sold in the
Philippines during the period the imitation was marketed. The elements of actual
competition is not the determining factor but the unfairness of the act of the
imitator. The trademark owner is given protection since there is damage to him
from the confusion of the goods. (Converse Rubber Goods Corp., vs. Jacinto
Rubber and Plastic Co., L-27425, April 28, 1983).
4. Arts. 188-7189 have been amended by Rep. Act. 172, June 20, 1947.
Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
[Art. 190. Possession, preparation and use of prohibited drugs and maintenance
of opium dens. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine ranging from 300 to 1,000 pesos
shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or
otherwise use any prohibited drug.
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta
eucaine, Indian hemp, their derivatives, and all preparations made from them or
any of them, and such other drugs, whether natural or synthetic, having
physiological action as a narcotic drug.
"Opium" embraces every kind, class, and character of opium, whether
crude or prepared; the ashes on refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium, preparation in which
opium, morphine or any kind of opium, enter as an ingredient, and also opium
leaves or wrappings of opium leaves, whether prepared or not for their use.
"Indian hemp" otherwise known as marijuana, cannabis, Americana,
hashish, bhang, guaza, churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the
pistillate plant cannabis satival, from which the resin has not been extracted,

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including all other geographic varieties whether used as reefers, resin, extract,
tincture or in any other form whatsoever.
By narcotic drug is meant a drug that produces a condition of insensibility
and melancholy dullness of mind with delusions and may be habit-forming.
2. Anyone who shall maintain a dive or resort where any prohibited drug is
used in any form, in violation of the law.]
[Art. 191. Keeper, watchman and visitor of opium den. The penalty of arresto
mayor and a fine ranging from 100 to 300 pesos shall be imposed upon:
1. Anyone who shall act as a keeper or watchman of a dive or resort where any
prohibited drug is used in any manner contrary to law; and
2. Any person who, not being included in the provisions of the next preceding
article, shall knowingly visit any dive or resort of the character referred to above.]
[Art. 192. Importation and sale of prohibited drugs. The penalty of prision
correccional in its medium and maximum periods and a fine ranging from 300 to
10,000 pesos shall be imposed upon any person who shall import or bring into
the Philippine Islands any prohibited drug.]
[The same penalty shall be imposed upon any person who shall unlawfully sell or
deliver to another prohibited drug.]
[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of
any prohibited drug. The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who, not being authorized by law,
shall possess any opium pipe or other paraphernalia for smoking, injecting,
administering or using opium or any prohibited drug.
[The illegal possession of an opium pipe or other paraphernalia for using any
other prohibited drug shall be prima facie evidence that its possessor has used
said drug.]
[Art. 194. Prescribing opium unnecessary for a patient. The penalty of prision
correccional or a fine ranging from 300 to 10,000 pesos, or both shall be imposed
upon any physician or dentist who shall prescribe opium for any person whose
physical condition does not require the use of the same.]
Title Six
CRIMES AGAINST PUBLIC MORALS

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Chapter One
GAMBLING AND BETTING
Art. 195. What acts are punishable in gambling. (a) The penalty of arresto
mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the
penalty of arresto mayor or a fine ranging from two hundred or six thousand
pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who, in any
manner shall directly, or indirectly take part in any game of monte, jueteng or any
other form of lottery, policy, banking, or percentage game, dog races, or any
other game of scheme the result of which depends wholly or chiefly upon chance
or hazard; or wherein wagers consisting of money, articles of value or
representative of value are made; or in the exploitation or use of any other
mechanical invention or contrivance to determine by chance the loser or winner
of money or any object or representative of value.
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of
any building, vessel or other means of transportation owned or controlled by him.
If the place where gambling is carried on has the reputation of a gambling place
or that prohibited gambling is frequently carried on therein, the culprit shall be
punished by the penalty provided for in this article in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be
imposed upon the maintainer, conductor, or banker in a game of jueteng or any
similar game.
(c) The penalty of prision correccional in its medium degree shall be
imposed upon any person who shall, knowingly and without lawful purpose, have
in his possession and lottery list, paper or other matter containing letters, figures,
signs or symbols which pertain to or are in any manner used in the game of
jueteng or any similar game which has taken place or about to take place.
1. Acts Punished: (a) Directly or indirectly taking part in the gambling; (b)
Knowingly permitting gambling to take place in an inhabited or uninhibited place;
(c) Acting as maintainer, conductor or banker in nay game o jueting or any similar
game; and (d) Knowingly and illegally possessing lottery list, paper or other
matter maintaining to the game of jueting or any similar game.
2. Games that constitute gambling by provision of law: (a) monte; (b)
jueting; (c) any form of lottery, policy, banking, or percentage game; and (d) dog
races.
3. Elements of lottery: (a) consideration; (b) chance; and (c) prize, or
some advantage or inequality in amount or value which is in the nature of a prize.

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Art. 196. Importation, sale and possession of lottery tickets or advertisements.

The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court, shall be imposed upon any person who shall import into
the Philippine Islands from any foreign place or port any lottery ticket or
advertisement or, in connivance with the importer, shall sell or distribute the
same.
Any person who shall knowingly and with intent to use them, have in his
possession lottery tickets or advertisements, or shall sell or distribute the same
without connivance with the importer of the same, shall be punished by arresto
menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.
The possession of any lottery ticket or advertisement shall be prima facie
evidence of an intent to sell, distribute or use the same in the Philippine Islands.
1. Acts Punished: (a) Importation of lottery tickets; (b) Sale or distribution
of such tickets in connivance with the importer, (c) Illegal possession of lottery
ticket; and Sale of lottery ticket without connivance with importers.
2. It is not necessary that the lottery ticket in possession of the offender
be genuine. (U.S. vs. Reyes, 23 Phil. 39).
Art. 197. Betting in sports contests. The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who shall bet
money or any object or article of value or representative of value upon the result
of any boxing or other sports contests.
1. Acts Punished: Betting money or any object of value or representative
of value on the result of any sports contests.
2. The game is not prohibited but the betting on the result thereof, Art
2019 of the Civil Code of the Philippines provides that betting on the result of
sport or athletic competitions may be prohibited by local ordinances.
Art. 198. Illegal betting on horse race. The penalty of arresto menor or a fine
not exceeding 200 pesos, or both, shall be imposed upon any person who except
during the period allowed by law, shall be on horse races. The penalty of arresto
mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon
any person who, under the same circumstances, shall maintain or employ a
totalizer or other device or scheme for betting on horse races or realizing any
profit therefrom.
For the purposes of this article, any race held in the same day at the same place
shall be held punishable as a separate offense, and if the same be committed by
any partnership, corporation or association, the president and the directors or

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managers thereof shall be deemed to be principals in the offense if they have

consented to or knowingly tolerated its commission.
1. Acts Punished: (a) Betting on horse races on days not allowed by law;
and (b) Maintaining or employing a totalizer or other devise for betting on horse
races or for profit on days not allowed by law.
2. Any race held on the same day and at the same place shall be
considered as a separate offense and if committed by a corporation, partnership,
or association, the president and directors or managers thereof who consented to
or tolerated its commission are deemed principals.
Art. 199. Illegal cockfighting. The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, in the discretion of the court, shall be imposed
upon:
1. Any person who directly or indirectly participates in cockfights, by betting
money or other valuable things, or who organizes cockfights at which bets are
made, on a day other than those permitted by law.
2. Any person who directly or indirectly participates in cockfights, at a place other
than a licensed cockpit.
1. Acts Punished: (a) Betting money or things of value or representative of
value in cockfighting on days not permitted by law; (b) Organizing cockfights at
which bets are made on days not allowed by law (c) Betting money or thing of
value or representative of value on cockfights at a place other than a licensed
cockpit; and (d) Organizing cockfights at a place other than a licensed cockpit.
2. The spectators in a cockfight are not liable.
Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Art. 200. Grave scandal. The penalties of arresto mayor and public censure
shall be imposed upon any person who shall offend against decency or good
customs by any highly scandalous conduct not expressly falling within any other
article of this Code.
1. Elements: (a) Act must be highly scandalous; (b) publicly committed or
within the knowledge and view of the public; (c) must offend against decency or
good customs; and (d) act not expressly falling within any other article of the
Code.

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2. It is essential that the act or acts complained of should be committed in

public or within the knowledge and view of the public. (U.S. vs. Samaniego, 16
Phil. 663).
3. Scattering coconut remnants containing human excreta on the stairs,
floors and interior of the municipal building does not constitute a violation of this
article, but malicious mischief under Art. 329. The acts punished by Article 200
are those which by their character and nature cause scandal among the persons
witnessing them, besides being contrary to morals and good customs and
committed publicly or within the knowledge or view of the public. (People vs.
Dumlao, [CA] 38 O.G. 3715).
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent
shows. The penalty of prision mayor or a fine ranging from six thousand to
twelve thousand pesos, or both such imprisonment and fine, shall be imposed
upon:
(1) Those who shall publicly expound or proclaim doctrines openly
contrary to public morals;
(2) (a) the authors of obscene literature, published with their knowledge in
any form; the editors publishing such literature; and the owners/operators of the
establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place,
exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film,
which are prescribed by virtue hereof, shall include those which (1) glorify
criminals or condone crimes; (2) serve no other purpose but to satisfy the market
for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) are contrary to law, public order,
morals, and good customs, established policies, lawful orders, decrees and
edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings,
sculpture or literature which are offensive to morals. (As amended by PD Nos.
960 and 969).
Art. 202. Vagrants and prostitutes; penalty. The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical
ability to work and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or
trampling or wandering about the country or the streets without visible means of
support;

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3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps
and those who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this
Code, shall be found loitering in any inhabited or uninhabited place belonging to
another without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correccional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.
1. One having no apparent means of subsistence, who has the physical
ability to work, neglects to apply himself to some lawful calling.
One is not vagrant under pars. 1 and 2 if he has visible means of support.
(U.S. Hart, 26 Phil. 149) The support given to the accused, 23 years old, ablebodied, without any lawful calling who spent his timer in streets, cockpits and
gambling houses, by his mother of limited means is not visible means of support
or apparent means of subsistence contemplated by law. (U.S. vs. Molina, 23
Phil. 471).
2. One found loitering about public or semi-public buildings or places, or
tramping or wondering about the country or streets without visible means of
support.
3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians
or pimps and those who habitually associate with prostitutes.
Par. 3 includes maintainer of a house of prostitution or a pimp who is one
provides gratification for the lust of others. (U.S. vs. Cruz, 38 Phi. 677).
4. One, not included within any other articles of the Code, shall be found
loitering in any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose.
5. Prostitutes:

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A woman is a prostitute when she (1) habitually indulges is sexual

intercourse or lascivious conduct and (2) for money or profit. A man cannot be a
prostitute.
6. Pres. Decree No. 1563 (June 11, 1973) establishes an integrated
system for the control and eradication of mendicancy and providing penalties
therefore. Mendicant is any person, except as provided in the decree, who has
no visible and legal means of support or lawful employment and who is physically
able to work but neglects to apply himself to some lawful calling and instead was
begging as a means of living.
Habitual mendicant is one who has been convicted of mendicancy under
the Decree two or more times.
Exploited infant is a child 8 years and below who is used in begging or
who accompanies a habitual beggar or vagrant mendicancy is punished by a fine
not exceeding P500 or imprisonment not exceeding 2 years or both. Any person
who abets mendicancy by giving alms directly to mendicants, exploited infants
and minors on public roads, sidewalks, parks and bridges shall be punished by a
fine not exceeding P20.00.

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS
Art. 203. Who are public officers. For the purpose of applying the provisions of
this and the preceding titles of this book, any person who, by direct provision of
the law, popular election or appointment by competent authority, shall take part in
the performance of public functions in the Government of the Philippine Islands,
of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class, shall be deemed to
be a public officer.
Any person who, by direct provision of law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the
Government of the Philippines, or shall perform in said Government, or in any of
its branches public duties as an employee, agent, or subordinate official, of any
rank or class, shall be deemed to be a public officer (Art. 203).
1. Art. 203 obliterates the standard distinction in the law of public officer
between officer and employee, as the definition is quite comprehensive to

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embrace every public servant from the highest to the lowest.

People, G.R. L-2971, April 20, 1951).

(Maniego vs.

2. The term person in authority and public officer found in the Spanish
Penal Code must be given a restricted meaning so as to include only persons
who perform some of the functions of the government of the Philippine Islands.
(U.S. vs. Smith, 39 Phil. 533, 537, cited in People vs. Ybao, 43 O.G. 3082).
Employee of the University of the Philippines starting from the ground
janitors to the members of the Bard of Regents are public officers. (People vs.
Cruz, [CA] 65 O.G. 6617). A branch manager of the Government Service
Insurance System is a public officer. (Sec. 1(1)(b), Art. XII and Sec. 5, Art. XIII,
Constitution of the Philippines and Sec. 2(a) and (b) of Republic Act No. 3019).
(Agbayani, et al., vs. Hon. Sayo, L-47880, April 30, 1979, 75 O.G. 7801).
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. Dereliction of duty
Art. 204. Knowingly rendering unjust judgment. Any judge who shall knowingly
render an unjust judgment in any case submitted to him for decision, shall be
punished by prision mayor and perpetual absolute disqualification.
1. Elements: (a) The offender is a judge; (b) He renders a judgment in a
case submitted to him for decision; (c) said judgment is unjust; and (d) He knows
that said judgment is unjust.
2. Appellant, a justice of the peace, who, in consideration of a carabao
worth P80.00 given at his request by a complainant in a criminal case, rendered
a decision convicting the offender, is guilty or bribery and not knowingly rendering
an unjust judgment under Art. 204, since it is known whether the said decision is
just or unjust (U.S. vs. Gacutan, 28 Phil. 100).
In order that a judge may be held liable for knowingly rendering an unjust
judgment, it must be shown beyond reasonable doubt that the judgment adverted
to is unjust as being contrary to law or as not supported by the evidence and the
same was rendered with conscious and deliberate intent to an injustice.
(Pabalan vs. Guevara, 74 SCRA 53; Sta Maria vs. Ubay 87 SCRA 179); Judges
cannot be subjected to liability civil, criminal or administrative for any of their
official acts, no matter how erroneous, as long as they act in good faith. It is only
when they act fraudulently or corruptly, or with gross ignorance, that they may be
held criminally or administratively responsible. (Valdez vs. Valera, 81 SCRA
246).

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3. This crime refers to an individual judge who does so in any case

submitted to him for decision and even then it is not the prosecutor who could
pass judgment on the unjustness of the decision rendered by him but the proper
appellate court with jurisdiction to review the same, either the Court of Appeals
and/or the Supreme Court.
Art. 204 has no application to the members of a collegiate court such as
the Supreme Court or its Divisions who reach their conclusion and accordingly
render their collective judgment after due deliberation. (In Re: Disciplinary action
against Atty. Wenceslao Laureta, G.R. 63635, March 12, 1987).
4. The law requires that the (a) offender is a judge; (b) he renders a
decision in a cases submitted to him for decision; (c) the judgment is unjust; (d)
he knew that said judgment is unjust. In some administrative cases decided by
the court, it was ruled that in order to hold a judge liable, it must be shown
beyond reasonable doubt that the judgment is unjust and that its was made with
conscious and deliberate intent to do an injustice. A judgment is said to be unjust
when it is contrary to the standards of conduct prescribed by law. The test top
determine whether an order or judgment is unjust may be inferred from the
circumstances that is contrary to law or is not supported by evidence (Louis
Vuitton, S.A. vs. Diaz Villanueva Adm. Case No. MTJ-92-643, Nov. 27, 1992).
Art. 205. Judgment rendered through negligence. Any judge who, by reason of
inexcusable negligence or ignorance shall render a manifestly unjust judgment in
any case submitted to him for decision shall be punished by arresto mayor and
temporary special disqualification.
1. Elements: (a) Offender is a judge; (b) He renders a judgment in a case
submitted to him for decision; (c) Said judgment is manifestly unjust; and (d) It
was committed through inexcusable negligence.
2. Manifestly unjust judgment is a judgment which cannot be explained
with a reasonable interpretation or is a clear incontrovertible and notorious
violation of a legal precept. (Decision of Sup. Ct. of Spain, Feb 19, 1891; Feb.
23, 1955). It must be patently contrary to law if rendered due to ignorance or
inexcusable negligence.
Art. 206. Unjust interlocutory order. Any judge who shall knowingly render an
unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its
minimum period and suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the interlocutory order or decree be
manifestly unjust, the penalty shall be suspension.
1. The offense may be committed by a judge in two ways: (a) By
knowingly rendering an unjust interlocutory order, or (b) rendering a manifestly
unjust interlocutory order by inexcusable negligence3 or ignorance.

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2. Where the offense is committed by culpa the penalty is suspension

only.
Art. 207. Malicious delay in the administration of justice. The penalty of prision
correccional in its minimum period shall be imposed upon any judge guilty of
malicious delay in the administration of justice.
1. A judge maliciously delays the administration of justice is guilty under
this article.
2. Cuello Calon says that the act must be committed maliciously with
deliberate intent to prejudice a party in the case (III, p. 365). (Magdamo vs.
Pahimulin, 73 SCRA 110).
Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of
prision correccional in its minimum period and suspension shall be imposed upon
any public officer, or officer of the law, who, in dereliction of the duties of his
office, shall maliciously refrain from instituting prosecution for the punishment of
violators of the law, or shall tolerate the commission of offenses.
1. Acts Punished: (a) Maliciously refraining from institution of prosecution
for the punishment of violators of the law; and (b) Tolerating the commission of
offenses.
2. Persons Liable: (a) Any public officer, or (b) Officer of the law. These
officers are charged by law to prosecute offenses.
3. Malice is an integral element. Lack of zeal or any delay in the
performance of duties does not constitute the crime. (Ddec. Of Sip Ct. of Spain,
June 19, 1982). There must be bad faith or criminal intent to favor the offender.
(Viada, IV, p. 335).
4. Malice connotes that the action complained of must be the result of a
deliberate intent and does not cover a mere voluntary act. From the practical
standpoint it is clear that giving this section the most liberal interpretation
possible would result in impossible conditions. If every public functionary who
fails to institute criminal prosecution for every misdemeanor which he has reason
to believe has been committed, is liable to be sent to jail for a year and a half as
a felony, an intolerable situation would occur. Every municipal president in the
Islands would be subject to conviction by the machinations of his political
enemies, under a statute as rigorous as any devised by Draco. (People vs.
Malabanan, 62 Phil. 786).
5. A lieutenant of a barrio who neglects his duty and fails to move for the
prosecution of, and punishment for, a crime of arson, the commission of which he
is informed, would in case the alleged crime was afterwards duly proved, be

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guilty of prevaricacion but not for concealment of the crime of arson. (U.S. vs.
Mendoza, 23 Phil. 194).
Art. 209. Betrayal of trust by an attorney or solicitor. Revelation of secrets.
In addition to the proper administrative action, the penalty of prision correccional
in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any
malicious breach of professional duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter learned by him
in his professional capacity.
The same penalty shall be imposed upon an attorney-at-law or solicitor
(procurador judicial) who, having undertaken the defense of a client or having
received confidential information from said client in a case, shall undertake the
defense of the opposing party in the same case, without the consent of his first
client.
1. Acts Punished: (a) Malicious breach of professional duty; (b)
Inexcusable negligence or ignorance; (c) Revelation of secrets learned in his
professional capacity; and (d) Undertaking the defense of the opposite party in a
case without the consent of the first client whose defense has already been
undertaken.
2. Prejudice to the client is essential when there is malicious breach of
professional duty or inexcusable negligence or ignorance. It is not essential in
the case of revelation of secrets or in the representation of conflicting interests.
3. The prejudice is equivalent to causing material or moral damage to
client. Revelation of secret signifies a communication of the same to another.
The secrets which should not be revealed are not limited to those learned by the
lawyer in connection with a case in which he is intervening but includes all other
secrets learned from a client in the course of professional relationship.
4. The penalty provided is in addition to the proper administrative action
against the lawyer.
Section Two. Bribery
Art. 210. Direct bribery. Any public officer who shall agree to perform an act
constituting a crime, in connection with the performance of this official duties, in
consideration of any offer, promise, gift or present received by such officer,
personally or through the mediation of another, shall suffer the penalty of prision
mayor in its medium and maximum periods and a fine [of not less than the value
of the gift and] not less than three times the value of the gift in addition to the

83

penalty corresponding to the crime agreed upon, if the same shall have been
committed.
If the gift was accepted by the officer in consideration of the execution of an act
which does not constitute a crime, and the officer executed said act, he shall
suffer the same penalty provided in the preceding paragraph; and if said act shall
not have been accomplished, the officer shall suffer the penalties of prision
correccional, in its medium period and a fine of not less than twice the value of
such gift.
If the object for which the gift was received or promised was to make the public
officer refrain from doing something which it was his official duty to do, he shall
suffer the penalties of prision correccional in its maximum period and a fine [of
not less than the value of the gift and] not less than three times the value of such
gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall
suffer the penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable
to assessors, arbitrators, appraisal and claim commissioners, experts or any
other persons performing public duties. (As amended by Batas Pambansa Blg.
872, June 10, 1985).
1. Persons liable: (a) Public officers; or (b) Assessors, arbitrators,
appraisal and claim commissioners, experts, or any other person performing
public duties.
2. A private person to whom the custody of a prisoner has been entrusted
who allows him to escape because of a bribe is guilty not only on infidelity in the
custody of prisoners. (Art. 225) but also of bribery because he is discharging a
public function. Except as stated in the foregoing, bribery cannot be committed
by a private person. If he offers to bribe a public officer, the crime he commits is
corruption of public officials. (Art. 212)
3. Kinds of Direct Bribery: (a) Agreeing to perform or performing an act
pertaining to the duties of the office which constitutes crime, (b) Accepting a gift
in consideration of the execution of an act which does not constitute a crime; or
(c) Abstaining from the performance of the official duties.
4. Elements: (a) Offender is a public officer as define in Art. 203; (b) He
receives personally or through another, gifts or presents or accepted offers or
promises; (c) For the purpose of committing any of the acts mentioned in par. 3,
above; and (d) Such act relates to the exercise of the official duties. (U.S. vs.
Gimenea, et al., 24 Phil. 464; Viada IV, P.463).

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It is sufficient, in order that a person may be held guilty under this article,
that the public officer agreed to perform an act in the performance of his official
duties. (People vs. Bacalso, [CA] G.R. No. 1899-R., July 24, 1950).
Essential elements of crime of corruption of public official by means of
bribery penalized in 2nd par. of Art. 210:
a. Person receiving the bribe shall be a public officer as defined in Art.
203;
b. That said officer shall have actually received, whether personally or by
another, gifts or presents, or accepted offers or promises;
c. That such reception or acceptance shall have been for the purpose of
executing an act, which may or may not be accomplished, but not constituting a
crime; and
d. That the person offering the gift or making the promises shall be a
private individual. (People vs. Elago, CA-G.R. No.3-R [SCA L-68] Oct. 11, 1949).
Art. 211. Indirect bribery. The penalties of prision correccional in its medium
and maximum periods, and public censure shall be imposed upon any public
officer who shall accept gifts offered to him by reason of his office. (As amended
by Batas Pambansa Blg. 872, June 10, 1985).
1. Indirect bribery is committed upon acceptance by the public officer of
gifts offered of gifts offered to him by reason of his office. It is not necessary that
the public officer should do any particular act or even promise to do an act as it is
enough that he accepts gifts offered to him by reason of his office. (Victoriano
vs. Alvior Adm. Matter, No. p. 1597, March 1, 1978). The gift is made to
anticipate a favor from the public officer in connection with his official duties or to
reward past favors in connection with official duties.
2. The act performed by the public officer is not unjust, so that even if
there is an agreement between the public officer and the giver regarding the
performance thereof, indirect bribery is committed and not direct bribery under
par. 2 of Art. 210.
3. Where the accused, a veterinarian in the Bureau of Health, received
P50.00 from one importer, there being no proof that he received the money in
order to make a favorable report on the condition of the animals, indirect bribery
was committed. (U.S. vs. Richards, 6 Phil. 545). Likewise, where the appellant,
an employee of the Manila Health Department, offered to prepare the voucher for
accumulated and terminal leave of another whom he knew was to be laid off, in
consideration of P50.00, it was held that indirect bribery was committed. (People
vs. Pamplona, [CA] 51 O.G. 4116).

85

Art. 211-A. Qualified bribery. If

1. Person liable public officer entrusted with law enforcement
2.
How committed (a) public officer refrains from arresting or
prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present; (b)
public officer asks or demands such gift or present.
was

3. Penalty for (a) public officer shall suffer penalty for the offense which
not
prosecuted;
(b)
death.

Art. 212. Corruption of public officials. The same penalties imposed upon the
officer corrupted, except those of disqualification and suspension, shall be
imposed upon any person who shall have made the offers or promises or given
the gifts or presents as described in the preceding articles.
1. The person giving the gift or making the offer or promise in direct or
indirect bribery commits this felony.
2. There is no entrapment in crimes committed against the public welfare
especially in bribery where the overt act is hard to prove since the briber himself
is punished and is usually the one who can give direct evidence of the offense.
Thus, where the accused, a policewoman, charged with the preparation of
endorsements in connection with applications for firearm licenses, intimated to an
NBI agent that she was not adverse to receiving money in consideration of
expediting the approval of firearms licenses, and when eventually offered P50.00
in connection with the approval of a firearm license of a Chinaman, received it, it
was held that the entrapment was no bar to her prosecution and conviction of the
offense. (People vs. Vinzol, [CA] 47 O.G. 294).

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. The penalty
of prision correccional in its medium period to prision mayor in its minimum
period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed
upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts
relating to public property or funds, shall enter into an agreement with any

86

interested party or speculator or make use of any other scheme, to defraud the
Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts,
shall be guilty or any of the following acts or omissions:
(a) Demanding, directly, or indirectly, the payment of sums different from or larger
than those authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise
things or objects of a nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or
the Bureau of Customs, the provisions of the Administrative Code shall be
applied.
A. Acts Punished: (a) Frauds committed by a public officer in charge of
the collection of taxes, licenses, fees and other imposts by (1) demanding an
amount different or larger than that due; (2) failing to issue receipt for money
collected, 0r (3) collecting as payment objects of a nature different from that
provided by law.
1. Nature of the crime of frauds. The crime is committed by a mere
agreement as long as the purpose is to defraud the government.
2. Nature of the crime of illegal exaction. The first kind of illegal
exaction is committed by a mere demand for the payment or larger sums than
that authorized by law. Even if the public offender does not receive the
excessive amount or sums demanded, the crime is already committed. So if the
said sums are received without demanding the same, the felony is not
committed; but if the same were given as a sort of gift or gratification because of
his office, indirect bribery may be committed. Criminal intent must be shown in
the sense that the sums were demanded by the public officer knowing them to be
excessive. If good faith is therefore present, there is no criminal liability. (Cuello
Calon, I, pp.418-419).
3. If a municipal treasurer collected greater fees for the branding of cattle,
by means of deceit, than that authorized by law and he misappropriates the
difference between the fees collected and the legal fees, estafa, not illegal
exaction, is committed. (U.S. vs. Lopez, 479). If the excessive fees which were
accounted for were misappropriated, the public officer is liable for illegal exaction
for demanding and collecting excessive fees and for malversation, for

87

misappropriating the fees collected. The difference between the fees collected
and the legal fees forms a part already for the public funds as those accounted
for (People vs. Policher, 60 Phil. 771) and hence, it cannot be estafa.
Art. 214. Other frauds. In addition to the penalties prescribed in the provisions
of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary
special disqualification in its maximum period to perpetual special disqualification
shall be imposed upon any public officer who, taking advantage of his official
position, shall commit any of the frauds or deceits enumerated in said provisions.
1. The public officer who, by taking advantage of his official position,
commits any of the estafas or deceits embraced in Chapter VI, Title X, Book II,
of the Penal Code, suffers the additional penalty imposed by this article.
2. A public officer who misappropriated funds belonging to another as a
private individual (U.S. vs. Casia, 8 Phil. 589), or an employee of a jail who
misappropriate the money given to him by those detained to buy something
outside the establishment. (Dec. Sup. Ct. of Spain, April 14, 1900) cannot be
liable under this Article. But the additional penalty prescribed by this article was
imposed upon a justice of the peace who committed estafa against a party in a
case by making him believe that the claim against said party was P12.00 when it
was for P6.00 only and who pocketed the difference. (U.S. vs. Regala, 28 Phil.
57).
Art. 215. Prohibited transactions. The penalty of prision correccional in its
maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.
1. Elements: (a) Offender is an appointive public officer; (b) During his
incumbency, he becomes interested, directly or indirectly, in any transaction of
exchange or speculation; and (c) Within the territory of his jurisdiction.
2. What the law punishes is the act of taking part in any business for gain
or profit or of dedicating to commerce, the operations of which are subject to the
jurisdiction of the public officer, as the buying and selling of stocks listed in the
stock exchange by an official of the Securities and Exchange Commission. Any
interest in a transaction of exchange or speculation outside of the jurisdiction of
the public officer is not punished. Purchasing shares pf stock in a company for
investment is not also punished except as otherwise provided by any special law.
Art. 216. Possession of prohibited interest by a public officer. The penalty of
arresto mayor in its medium period to prision correccional in its minimum period,
or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a

88

public officer who directly or indirectly, shall become interested in any contract or
business in which it is his official duty to intervene.
This provisions is applicable to experts, arbitrators and private accountants who,
in like manner, shall take part in any contract or transaction connected with the
estate or property in appraisal, distribution or adjudication of which they shall
have acted, and to the guardians and executors with respect to the property
belonging to their wards or estate.
1. Persons Liable: (a) A public officer who, directly or indirectly, became
interested in any contract or business in which it was his official duty to intervene;
(b) Experts, arbitrators and private accountants, who, in like manner, took part in
any contract or transaction connected with the estate or property in the appraisal,
distribution or adjudication of which they have acted; and (c) Guardians and
executors with respects to the property belonging to their wards or the state.
2. Nature of the crime. The mere violation of the prohibition is punished
although no fraud occurs therefrom because the probability that fraud may be
perpetrated does exist or at least the States interest to his own. (U.S. vs.
Ubarde, 28 Phil. 328).
3. It is not enough to be a public official to be subject to this crime; it is
necessary that by reason of his office, he has to intervene in said contracts or
transactions, and hence, the officials who intervenes in contract or transactions
which have no relation to his office cannot commit this crime.
4. Where A mortgaged his property to the Pension Board, and later
transferred his properties to the accused, the secretary and executive office of
the board, and who assumed the obligation of the mortgage originally executed
by A, it was held that the accused was not liable under this article, because he
did not intervene in the contract as Secretary of the Board, as he assumed the
obligation of A in his personal capacity only. (People vs. Meneses, 40 O.G. 134).

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Art. 217. Malversation of public funds or property; Presumption of malversation.
Any public officer who, by reason of the duties of his office, is accountable for
public funds or property, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or negligence, shall
permit any other person to take such public funds, or property, wholly or partially,
or shall otherwise be guilty of the misappropriation or malversation of such funds
or property, shall suffer:

89

1. The penalty of prision correccional in its medium and maximum periods, if the
amount involved in the misappropriation or malversation does not exceed two
hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the
amount involved is more than two hundred pesos but does not exceed six
thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period, if the amount involved is more than six thousand pesos but is
less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the
amount involved is more than twelve thousand pesos but is less than twenty-two
thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion
temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of
perpetual special disqualification and a fine equal to the amount of the funds
malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or
property with which he is chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put such missing funds or
property to personal use. (As amended by RA 1060).
1. Elements: (a) Offender is a public officer; (b) By reason of his duties he
is accountable for public funds and property; and (c) He appropriates, takes, or
misappropriates, or through abandonment or negligence permits other persons to
take such public funds or property, or otherwise is guilty of misappropriation of
such funds or property. (Villanueva vs. Sandiganbayan, GR No. 95627 Aug. 16,
1991).
2. Acts Punished: (a) Appropriating public funds or property; (b) Taking or
misappropriating the same; (c) Consenting, or through abandonment or
negligence, permitting any person to take the same; and (d) Misappropriation or
malversation of such public funds or property. (Villanueva vs. Sandiganbayan,
GR No. 95627 Aug. 16, 1991.)
3. A private person cannot commit malversation except in two instances:
(a) if such private person in any capacity whatever has charge of any insular,
provincial, or municipal funds, revenues or property (Art. 222, People vs. Luz,
[CA] G.R. No. 4215, October 1, 1951), and (b) if such private person takes a
direct participation in the commission of the malversation of public funds or
property by a public officer or cooperates in the commission of the same, he is
guilty as a co-principal. (U.S. vs. Ponte, 20 Phil. 379, citing Groizard and Viada;

90

U.S. vs. Dato, 37 Phil. 356; People vs. Longara, [CA] 52 O.G. 3613; People vs.
Galang, 50 O.G. 1574; People vs. Estandante, [CA] 50 O.G. 2087). Nonaccountable public officers are liable for malversation, as an audit clerk, if like a
private person he aids, induces or conspire with the accountable public officer or
cooperates with him by acts without which it could not have been committed.
(People vs. Rodis, G.R, No. L-11670-709, April 30, 1959; Commission on Audit
vs. Tanodbayan GR No. 81476 July 26, 1991).
Art. 218. Failure of accountable officer to render accounts. Any public officer,
whether in the service or separated therefrom by resignation or any other cause,
who is required by law or regulation to render account to the Insular Auditor, or to
a provincial auditor and who fails to do so for a period of two months after such
accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
1. Elements: (a) Offender is a public officer whether in the service or
separated therefrom; (b) He is accountable for public funds or property; (c) He is
required by law or regulation to render account to the Auditor General or to a
Provincial Auditor; and (d) He fails to do so for a period of two (2) months after
such accounts should be rendered.
The phrase to render account xx to Provincial Auditor means that the
account should be rendered at the office of the Provincial Auditor and hence the
failure to ender the account must be deemed committed in the same place.
(People vs. Batog, L-32463, July 30, 1982).
2. This is a felony by omission and misappropriation is not necessary.
The reason for this is that the law does not so mush contemplate the possibility
of malversation as the need of enforcing by a penal sanction the performance of
the duty incumbent upon every public employee who handles government funds,
as well as every depositary or administrator of anothers property to render an
account of all he receives or has in his charge by reason of his employment. The
design of the law is to impart stability to the god order and discipline which
should prevail in the organization and working of the public service by punishing
the employee who should disobey a law or regulation, lawfully made by a
competent officer for the rendition of accounts. (U.S. vs. Saberon, 19 Phil. 391).
Art. 219. Failure of a responsible public officer to render accounts before leaving
the country. Any public officer who unlawfully leaves or attempts to leave the
Philippine Islands without securing a certificate from the Insular Auditor showing
that his accounts have been finally settled, shall be punished by arresto mayor,
or a fine ranging from 200 to 1,000 pesos or both.
1. Elements: (a) Offender is a public officer whether is active service or
not; (b) He is accountable for public funds or property; and (c) He leaves or

91

attempts to leave the country without requisite clearance from the Auditor
General that his accounts have been settled.
Art. 220. Illegal use of public funds or property. Any public officer who shall
apply any public fund or property under his administration to any public use other
than for which such fund or property were appropriated by law or ordinance shall
suffer the penalty of prision correccional in its minimum period or a fine ranging
from one-half to the total of the sum misapplied, if by reason of such
misapplication, any damages or embarrassment shall have resulted to the public
service. In either case, the offender shall also suffer the penalty of temporary
special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty
shall be a fine from 5 to 50 per cent of the sum misapplied.
1. Elements: (a) Offender is an accountable public officer; (b) He applies
public funds or property under his administration to some public use; and (c) The
public use for which the public funds or property were applied is different from the
purpose for which they were originally appropriated.
2. This felony is known as technical malversation and is a penal
sanction to the constitutional provision that no money shall be paid out of the
treasury except in pursuance of an appropriation made by law. (Art. VIII, Sec.
18, par. 1, New Const. Of the Phil).
Art. 221. Failure to make delivery of public funds or property. Any public officer
under obligation to make payment from Government funds in his possession,
who shall fail to make such payment, shall be punished by arresto mayor and a
fine from 5 to 25 per cent of the sum which he failed to pay.
This provision shall apply to any public officer who, being ordered by competent
authority to deliver any property in his custody or under his administration, shall
refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing, provided that it
shall not less than 50 pesos.
1. Acts Punished: (a) Failure of public officer under obligation to make
payment from government funds under his possession to make such payment,
and (b) Refusal of public officer to make delivery of property under his custody or
administration after being ordered to do so by competent authority.
2. With respect to the act punished in letter (a) above, the crime is
committed by the mere failure to make payment from government funds which it
is the obligation of the public officer to do. If the failure is due to the fact that he
misappropriated the funds, malversation is committed. If the failure is due to the

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fact that he devoted said funds to another public purpose, technical malversation
is committed.
Art. 222. Officers included in the preceding provisions. The provisions of this
chapter shall apply to private individuals who in any capacity whatever, have
charge of any insular, provincial or municipal funds, revenues, or property and to
any administrator or depository of funds or property attached, seized or
deposited by public authority, even if such property belongs to a private
individual.
1. This article extends the application of the provisions on malversation to
private individuals who have charge of public funds or property and to private
funds or property if entrusted to the custody of a public officer for which he
becomes accountable.
2. The term administrator or depository refers to those persons who
have charge of funds or property attached or seized or deposited by public
authority. A sheriff or receiver is an administrator or depository. An administrator
of the properties of an intestate proceeding is not an administrator within the
meaning of the law as the properties of the intestate are not funds or property,
attached, seized or deposited by public authority. Hence, the administrator who
misappropriates the funds of the intestate commits estafa and not malversation.
However, malversation is committed where the property attached to secure a
debt is placed in the possession of defendant to which it belongs with the
consent of plaintiff and who sells the same without delivering the proceeds to the
plaintiff since the property is not the subject of a mere private bailment but a
judicial deposit. This gives the depository a character equivalent to that of a
public official and breach of his obligation is similar to the violation of the
obligation imposed by public office.
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section One. Infidelity in the custody of prisoners
Art. 223. Conniving with or consenting to evasion. Any public officer who shall
consent to the escape of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary
special disqualification in its maximum period to perpetual special
disqualification, if the fugitive shall have been sentenced by final judgment to any
penalty.
2. By prision correccional in its minimum period and temporary special
disqualification, in case the fugitive shall not have been finally convicted but only

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held as a detention prisoner for any crime or violation of law or municipal

ordinance.
1. Elements: (a) The offender is public officer; (b) He has under his
custody or a charge a prisoner serving sentence by final judgment or a detention
prisoner; and (c) He connives with or consent to the escape of such prisoner.
2. Without connivance in the escape of the prisoner on the part of the
person in charge, this crime is not committed.
3. When the accused, a municipal policeman, allowed a prison confined
in the municipal jail to buy cigarettes near the place where he was held n
custody, and the prisoner, taking advantage of the confusion in the crowd,
escaped, infidelity was not committed as there was no connivance between the
policeman and the prisoner in his escape. (U.S. vs. Bandino, 29 Phil. 459).
4. Mere leniency or laxity in the performance of duties, does not constitute
infidelity.
5. Allowing a prisoner during his period of confinement to eat in a
restaurant not far from the municipal building, but not constitute infidelity.
Leniency or laxity in the performance of duties is not necessarily infidelity.
(People vs. Evangelista, [CA] 38 O.G. 158).
Art. 224. Evasion through negligence. If the evasion of the prisoner shall have
taken place through the negligence of the officer charged with the conveyance or
custody of the escaping prisoner, said officer shall suffer the penalties of arresto
mayor in its maximum period to prision correccional in its minimum period and
temporary special disqualification.
1. Elements: (a) Offender is public officer; (b) He is charged with the
conveyance or custody of the escaping prisoner; (c) The escape occurs through
his negligence. (People vs. Reyes, 3 Court of Appeals Reports 198).
2. Not every mistake is negligence under this article. There must have
been definite laxity amounting to deliberate non-performance of duty. This is the
distinction between neglect that is properly dealt with administratively, and
neglect that gives rise to the crime of infidelity in the custody of prisoners through
negligence.
Art. 225. Escape of prisoner under the custody of a person not a public officer.
Any private person to whom the conveyance or custody or a prisoner or person
under arrest shall have been confided, who shall commit any of the offenses
mentioned in the two preceding articles, shall suffer the penalty next lower in
degree than that prescribed for the public officer.

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The elements of this felony are similar to those specified in Article 223 an
224 except that the offender is a private person to whom the conveyance or
custody of a prisoner or person arrested shall have been confided. The penalty
is one degree lower than that imposed on public officers.
Section Two. Infidelity in the custody of document
Art. 226. Removal, concealment or destruction of documents. Any public
officer who shall remove, destroy or conceal documents or papers officially
entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever
serious damage shall have been caused thereby to a third party or to the public
interest.
2. The penalty of prision correccional in its minimum and medium period and a
fine not exceeding 1,000 pesos, whenever the damage to a third party or to the
public interest shall not have been serious.
In either case, the additional penalty of temporary special disqualification in its
maximum period to perpetual disqualification shall be imposed.
1. Elements: (a) Offender is a public officer; (b) He abstracts, destroys, or
conceals documents or papers; (c) Such documents or papers were entrusted to
him by reason of his office; and (d) Damage to a third party or to the public.
(People vs. Lineses, [CA] 40 O.G. Supp. No. 14, 4773, citing Groizard, Penal
Code of 1870, Vol. IV, p. 141; People vs. Paloma, [CA] 40 O.G. 2087; People vs.
Bernadas [CA] 71 O.G. 1788).
2. Removal presupposes appropriation of the official documents;
destruction is equivalent to rendering useless or the obliteration of said
documents; the complete destruction thereof is not necessary; concealment
means that the documents are not forwarded to their destination and it is not
necessary that they are secreted away in a place where they could not be found.
Art. 227. Officer breaking seal. Any public officer charged with the custody of
papers or property sealed by proper authority, who shall break the seals or permit
them to be broken, shall suffer the penalties of prision correccional in its
minimum and medium periods, temporary special disqualification and a fine not
exceeding 2,000 pesos.
1. Elements: (a) Offender is public officer; (b) He has custody of papers or
property; (c) Such papers or property have been sealed by authority; and (d)
Offender breaks the seals or permits them to be broken without any authority.

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2. Damage is not an element. The crime may be committed through

negligence.
Art. 228. Opening of closed documents. Any public officer not included in the
provisions of the next preceding article who, without proper authority, shall open
or shall permit to be opened any closed papers, documents or objects entrusted
to his custody, shall suffer the penalties or arresto mayor, temporary special
disqualification and a fine of not exceeding 2,000 pesos.
1. Elements: (a) Offender is a public office; (b) He is not included in the
provisions of Art. 229; (c) He is entrusted with the custody of closed papers,
documents or objects; and (d) He opens or permits the same to be opened
without proper authority.
2. If the closed document is sealed and in opening in the seal is broken,
the act is punished under Art. 227.
3. If in the opening of the closed document, the public officer abstract its
contents, this crime and theft are committed. (Cuello Calon, II, p. 370; Dec., Sup.
Ct. of Spain, March 7, 1900).
4. The closed documents that was opened must be entrusted to the
public officer by reason of his office. So, a municipal treasurer who received from
a P.C. sergeant upon request the election returns enclosed in an envelope
addressed to the Provincial Treasurer and then opened the envelope, took out
the contents and later returned the same, cannot be held liable under this article
since he did not actually become the custodian of the three envelopes turned
over to him.
Section Three. Revelation of secrets
Art. 229. Revelation of secrets by an officer. Any public officer who shall reveal
any secret known to him by reason of his official capacity, or shall wrongfully
deliver papers or copies of papers of which he may have charge and which
should not be published, shall suffer the penalties of prision correccional in its
medium and maximum periods, perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such secrets or the delivery of such
papers shall have caused serious damage to the public interest; otherwise, the
penalties of prision correccional in its minimum period, temporary special
disqualification and a fine not exceeding 50 pesos shall be imposed.
1. Elements: (a) Offender is a public officer; (b) He knows of a secret by
reason of his office or he has in his charge papers or copies of papers which
should not be punished; and (c) He reveals said secret without authority or
wrongfully delivers said papers.

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2. The secrets referred to in this article are those which have an official or
public character, the revelation of which may prejudice public interest. (Cuello
Calon, II p. 374). They refer to secrets relative to the administration of the
government. (Groizard IV, p. 192).
3. These secrets do not include military secrets or those which affect the
security of the State as the latter may constitute espionage.
4. Damage is not an essential element although a higher penalty is
imposed where the act has caused serious damage to public interest.
Art. 230. Public officer revealing secrets of private individual. Any public officer
to whom the secrets of any private individual shall become known by reason of
his office who shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding 1,000 pesos.
1. Elements: (a) Offender is public officer; (b) by reason of his office he
came to know of the secrets of a private person; and (c) He reveals such secrets
without or wrongfully delivers said papers.
2. The secrets referred to in this article are those which have an official or
public character, the revelation of which may prejudice public interest. (Cuello
Calon, II, p. 374). They refer to secrets relative to the administration of the
government. (Groizard IV, p. 192).
3. Theses secrets do not include military secrets or those which affect the
security of the State as the latter may constitute espionage.
4. Damage is not an essential element although a higher penalty is
imposed where the act has caused serious damage to public interest.
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
Art. 231. Open disobedience. Any judicial or executive officer who shall openly
refuse to execute the judgment, decision or order of any superior authority made
within the scope of the jurisdiction of the latter and issued with all the legal
formalities, shall suffer the penalties of arresto mayor in its medium period to
prision correccional in its minimum period, temporary special disqualification in its
maximum period and a fine not exceeding 1,000 pesos.
1. Elements: (a) Offender is any judicial or executive officer; (b) There is a
judgment, decision or order of a superior authority made within the scope of the
jurisdiction of the latter and issued with all legal formalities; and (c) Offender
openly refuses to execute such judgment, decision or order.

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2. Openly according to its grammatical meaning means without

reservation, frankly or decisively. (Decision of the Supreme Court of Spain,
Nov. 7, 1944). The refusal must be clear, manifest, and decisive or a repeated
and obstinate disobedience in the fulfillment of an order. (Cuello Calon, II, p.
378).
3. The refusal must be intentional and must not be confused with
omission arising from oversight, mistake or erroneous interpretation of the order.
(Dec. Sup. Ct. of Spain, march 12, 1882)
Art. 232. Disobedience to order of superior officers, when said order was
suspended by inferior officer. Any public officer who, having for any reason
suspended the execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension, shall suffer the
penalties of prision correccional in its minimum and medium periods and
perpetual special disqualification.
1. Elements: (a) Offender is a public officer; (b) For a reason, he has
suspended the execution of an order of his superior; (c) The superior has
disapproved the said suspension; and (d) Offender still disobeys his superior.
2. The order of the superior must be legal or issued within his authority.
The disobedience must be open and repeated. (Dec. Sup. Ct. of Spain, April 25,
1913). If the suspension is disapproved by the superior officer, and the
subordinate still persists in his obedience, it is necessary that the superior
reiterates compliance of the order disobeyed before the act punished in this
article can be committed. (Cuello Calon, II, p. 379).
3. What is punished by the law is insubordination or the act of defying the
authority which is detrimental to public interest.
Art. 233. Refusal of assistance. The penalties of arresto mayor in its medium
period to prision correccional in its minimum period, perpetual special
disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a
public officer who, upon demand from competent authority, shall fail to lend his
cooperation towards the administration of justice or other public service, if such
failure shall result in serious damage to the public interest, or to a third party;
otherwise, arresto mayor in its medium and maximum periods and a fine not
exceeding 500 pesos shall be imposed.
1. Elements: (a) Offender is a public officer; (b) He fails to lend his
cooperation towards the adminstrati0on of justice or other public service; and (c)
Said failure or refusal was made upon demand of competent authority.

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2. Damage is not an element. Serious damage to public interest or a third

person merely aggravates the imposition of the penalty. (Cuello Calon, II, p.
380).
3. The accused public officer should be under obligation by reason of his
office to render the required assistance to the administration of justice or any
public service. The refusal, however, must be positively malicious. A mayor who
refuses to give the due cooperation in the execution of the distraint of property for
the collection of taxes is liable under this article. (Dec., Sup. Ct. of Spain, march
24, 1924). Refusal of a government employee to obey the subpoena of the fiscal
to appear in the preliminary investigation of his superior charged with falsification
is also punished under the article. (People vs. Vallena, [CA] G.R. No. 1990,
Sept. 30, 1938).
Art. 234. Refusal to discharge elective office. The penalty of arresto mayor or
a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person
who, having been elected by popular election to a public office, shall refuse
without legal motive to be sworn in or to discharge the duties of said office.
1. Elements: (a) Offender was elected by popular election to a public
officer and (b) He refuses without legal motive to be sworn in or to discharge the
duties and office.
Art. 235. Maltreatment of prisoners. The penalty of arresto mayor in its
medium period to prision correccional in its minimum period, in addition to his
liability for the physical injuries or damage caused, shall be imposed upon any
public officer or employee who shall overdo himself in the correction or handling
of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in
a cruel and humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some
information from the prisoner, the offender shall be punished by prision
correccional in its minimum period, temporary special disqualification and a fine
not exceeding 500 pesos, in addition to his liability for the physical injuries or
damage caused.
1. Elements: (a) Offender is a public officer or employee; (b) He has
under his charge a prisoner or detention prisoner; and (c) He overdoes himself in
the correction or handling of such prisoner by: (1) the imposition of punishment
not authorized by regulation, or (2) inflicting such punishment in a cruel and
humiliating manner.
Under his charge means actual charge, not one which is so by legal
fiction. (People vs. Javier; [CA] 54 O.G. 6622).

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2. If the purpose of the maltreatment is to extort a confession or to obtain

some information from the prisoner the felony becomes qualified.
Section Two. Anticipation, prolongation
and abandonment of the duties and powers of public office.
Art. 236. Anticipation of duties of a public office. Any person who shall assume
the performance of the duties and powers of any public officer or employment
without first being sworn in or having given the bond required by law, shall be
suspended from such office or employment until he shall have complied with the
respective formalities and shall be fined from 200 to 500 pesos.
1. Elements: (a) Offender by appointment or election in entitled to hold a
public office; (b) The law requires before assuming performance of the duties of
said office that offender should be first give a bond; and (c) That offender
assumes performance of said duties without first being sworn to or without first
giving a bond.
2. Offender is suspended from office until he shall have complied with
respective formalities. Penalty is a fine from P200 to P500 pesos.
Art. 237. Prolonging performance of duties and powers. Any public officer shall
continue to exercise the duties and powers of his office, employment or
commission, beyond the period provided by law, regulation or special provisions
applicable to the case, shall suffer the penalties of prision correccional in its
minimum period, special temporary disqualification in its minimum period and a
fine not exceeding 500 pesos.
1. Elements: (a) Offender is public officer; (b) He continues to exercise
the duties and powers of his office, employment or commission, beyond the
period provided by law, regulations or special provisions applicable to the case.
Art. 238. Abandonment of office or position. Any public officer who, before the
acceptance of his resignation, shall abandon his office to the detriment of the
public service shall suffer the penalty of arresto mayor.
If such office shall have been abandoned in order to evade the discharge of the
duties of preventing, prosecuting or punishing any of the crime falling within Title
One, and Chapter One of Title Three of Book Two of this Code, the offender shall
be punished by prision correccional in its minimum and medium periods, and by
arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.

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1. Elements: (a) Offender is a public officer; (b) He has tendered his

resignation from his position; (c) His resignation has not yet been accepted; and
(d) He abandons his office to the detriment of public service.
Section Three. Usurpation of powers and unlawful appointments
Art. 239. Usurpation of legislative powers. The penalties of prision
correccional in its minimum period, temporary special disqualification and a fine
not exceeding 1,000 pesos, shall be imposed upon any public officer who shall
encroach upon the powers of the legislative branch of the Government, either by
making general rules or regulations beyond the scope of his authority, or by
attempting to repeal a law or suspending the execution thereof.
Elements: (a) Offender is a public officer; (b) He encroaches upon the
powers of the legislative branch of the government; and (c) Such usurpation
consists in making general rules or regulations beyond the scope of his authority
by attempting to repeal a law or suspending the execution thereof.
Art. 240. Usurpation of executive functions. Any judge who shall assume any
power pertaining to the executive authorities, or shall obstruct the latter in the
lawful exercise of their powers, shall suffer the penalty of arresto mayor in its
medium period to prision correccional in its minimum period.
Elements: (a) Offender is a judge; and (b)He assumes any power
pertaining to the executive authorities or obstructs the latter in the lawful exercise
of their powers.
Art. 241. Usurpation of judicial functions. The penalty of arresto mayor in its
medium period to prision correccional in its minimum period and shall be
imposed upon any officer of the executive branch of the Government who shall
assume judicial powers or shall obstruct the execution of any order or decision
rendered by any judge within its jurisdiction.
Elements: (a) Offender is in officer of the executive branch of the
government; and (b) He assumes judicial powers or obstructs the execution of
any order or decision rendered by a judge within his jurisdiction.
Art. 242. Disobeying request for disqualification. Any public officer who, before
the question of jurisdiction is decided, shall continue any proceeding after having
been lawfully required to refrain from so doing, shall be punished by arresto
mayor and a fine not exceeding 500 pesos.
Elements: (a) Offender is any public officer; (b) There is a proceeding
pending before him; (c) He has been lawfully required to refrain from taking
cognizance of such proceeding; and (d) He continues such proceeding before
the question of jurisdiction has been decided.

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Art. 243. Orders or requests by executive officers to any judicial authority. Any
executive officer who shall address any order or suggestion to any judicial
authority with respect to any case or business coming within the exclusive
jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a
fine not exceeding 500 pesos.
Elements: (a) Offender is an executive officer; (b) He addresses any order
or suggestion to any judicial authority; (c) Such refers to any case or business
coming within the exclusive jurisdiction of the court.
Art. 244. Unlawful appointments. Any public officer who shall knowingly
nominate or appoint to any public office any person lacking the legal
qualifications therefor, shall suffer the penalty of arresto mayor and a fine not
exceeding 1,000 pesos.
Elements: (a) Offender is a public officer; (b) He nominates or appoints a
person to a public office; (c) Such person lacks the legal qualifications for the
office; and (d) He has knowledge of the lack of qualification of said person.
Section Four. Abuses against chastity
Art. 245. Abuses against chastity; Penalties. The penalties of prision
correccional in its medium and maximum periods and temporary special
disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent
advances to a woman interested in matters pending before such officer for
decision, or with respect to which he is required to submit a report to or consult
with a superior officer;
2. Any warden or other public officer directly charged with the care and custody
of prisoners or persons under arrest who shall solicit or make immoral or
indecent advances to a woman under his custody.
If the person solicited be the wife, daughter, sister of relative within the same
degree by affinity of any person in the custody of such warden or officer, the
penalties shall be prision correccional in its minimum and medium periods and
temporary special disqualification.
1. Elements of Par. 1: (a) Offender is a public officer; (b) There is pending
before him a matter in which a woman is interested or with respect thereto, he is
required to submit a report to or consult with a superior; and (c) He solicits or
makes an indecent or immoral advances upon said woman.

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2. Elements of Par. 2: (a) Offender is a warden or any other public officer

charged with the custody of prisoners or person under arrest; and (b) He solicits
or makes immoral or indecent advances to a woman under his custody.

Title Eight
CRIMES AGAINST PERSONS
Chapter One
DESTRUCTION OF LIFE
Section One. Parricide, murder, homicide
Art. 246. Parricide. Any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.
Elements: (a) person is killed; (b) Deceased is killed by the accused; and
(c) Deceased is the father, mother or child, whether legitimate or illegitimate, or a
legitimate ascendant or descendant, or legitimate spouse of the accused.
Art. 247. Death or physical injuries inflicted under exceptional circumstances.
Any legally married person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them or both
of them in the act or immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt
from punishment.
These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age, and their seducer, while
the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter,
or shall otherwise have consented to the infidelity of the other spouse shall not
be entitled to the benefits of this article.
Elements: (a) The offender is any legally married person; (b) He surprises
his spouse in the act of committing sexual intercourse with another person; (c)
He kills or serious physical injuries are inflicted on any of them or both of them;
and (d) He does so during the act of sexual intercourse or immediate thereafter.

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The benefits of this article apply also to parents with respect to their
daughters under 18 years of age and their seducers, while the daughters are
living with their parents.
Art. 248. Murder. Any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other means involving great
waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other
public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
1. The accused does not fall under the provisions of the law punishing
parricide.
2. Any of the following qualifying circumstances is present:
a. Treachery, taking advantage of superior strength, aid of armed men,
employing means to weaken the defense or means or persons to insure or afford
impunity;
b. In consideration of price, reward or promises;
c. Inundation, fire poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means
involving great waste and ruin;

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d. On occasion of any of the calamities enumerated in the preceding

paragraph, or an earthquake, eruption of volcano, destructive cyclone, epidemic,
or any other public calamity;
e. Evident premeditation; and
f. Cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
Art. 249. Homicide. Any person who, not falling within the provisions of Article
246, shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and
be punished by reclusion temporal.
Elements: (a) That a person has been killed; (b) That the act of the
offender was the cause thereof; and (c) That the killing was not justified under the
law.
Art. 250. Penalty for frustrated parricide, murder or homicide. The courts, in
view of the facts of the case, may impose upon the person guilty of the frustrated
crime of parricide, murder or homicide, defined and penalized in the preceding
articles, a penalty lower by one degree than that which should be imposed under
the provision of Article 50.
The courts, considering the facts of the case, may likewise reduce by one degree
the penalty which under Article 51 should be imposed for an attempt to commit
any of such crimes.
1. The courts may impose a penalty one degree lower than that provided
in Art. 50, taking in view of the facts of the case.
2. Similarly, the courts may impose a penalty one degree lower than that
imposed in Art. 51, regarding an attempt to commit parricide, murder or homicide.
Art. 251. Death caused in a tumultuous affray. When, while several persons,
not composing groups organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault each other in a confused
and tumultuous manner, and in the course of the affray someone is killed, and it
cannot be ascertained who actually killed the deceased, but the person or
persons who inflicted serious physical injuries can be identified, such person or
persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the
deceased, the penalty of prision correccional in its medium and maximum
periods shall be imposed upon all those who shall have used violence upon the
person of the victim.

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Elements: (a) That a person was killed in a tumultuous affray; (b) That the
actual killer is not known; and (c) That the person or persons who inflicted the
serious physical injuries or who used violence are known.
Art. 252. Physical injuries inflicted in a tumultuous affray. When in a
tumultuous affray as referred to in the preceding article, only serious physical
injuries are inflicted upon the participants thereof and the person responsible
thereof cannot be identified, all those who appear to have used violence upon the
person of the offended party shall suffer the penalty next lower in degree than
that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person
responsible therefor cannot be identified, all those who appear to have used any
violence upon the person of the offended party shall be punished by arresto
mayor from five to fifteen days.
1. If in the course of the tumultuous affray, only serious or less serious
physical injuries are inflicted upon a participant, those who used violence upon
the person on the offended party shall be held liable. The elements are: (a) there
is a tumultuous affray; (b) serious physical injuries are inflicted; (c) the person
who inflicted the serious physical injuries is not known; and (d) the person who
used violence is known.
Art. 253. Giving assistance to suicide. Any person who shall assist another to
commit suicide shall suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing himself, he shall suffer the
penalty of reclusion temporal. However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and maximum periods, shall be imposed.
1. Giving assistance to suicide means giving means (arms, poison, etc.)
or whatever manner of positive and direct cooperation (intellectual and,
suggestions regarding the mode of committing suicide, etc.).
2. If the person does the killing himself, the penalty is similar to that of
homicide, which is, reclusion perpetua.
3. The crime is frustrated if the offender gives the assistance by doing the
killing himself as firing upon the head of the victim but who did not die due to
medical assistance. (Dec., Sup. Court of Spain, Dec. 16, 1895).
4. The person attempting to commit suicide is not liable if he survives.
The accused is liable if he kills the victim, his sweetheart, because of a suicide
pact.
Art. 254. Discharge of firearms. Any person who shall shoot at another with
any firearm shall suffer the penalty of prision correccional in its minimum and

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medium periods, unless the facts of the case are such that the act can be held to
constitute frustrated or attempted parricide, murder, homicide or any other crime
for which a higher penalty is prescribed by any of the articles of this Code.
Elements: (a) the accused shot at another with a firearm; and (b) he had
no intent to kill.
Section Two. Infanticide and abortion.
Art. 255. Infanticide. The penalty provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any person who shall kill any child
less than three days of age.
If the crime penalized in this article be committed by the mother of the child for
the purpose of concealing her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and if said crime be committed
for the same purpose by the maternal grandparents or either of them, the penalty
shall be prision mayor.
1. The child is less than 72 hours old. The penalty will correspond to that
of parricide if the accused is related to the child within the degree of relationship
defined in parricide and if the offender is a t\stranger, the penalty corresponding
to that of murder.
Art. 256. Intentional abortion. Any person who shall intentionally cause an
abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person
of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the
consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the
woman shall have consented.
1. Ways of committing intentional abortion: (a) Using violence upon the
person of the pregnant woman; (b) by administering drugs and beverages upon
the pregnant woman, without her consent; or (c) with her consent.
Art. 257. Unintentional abortion. The penalty of prision correccional in its
minimum and medium period shall be imposed upon any person who shall cause
an abortion by violence, but unintentionally.

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Elements: (a) Violence is employed upon a pregnant woman; and (b)

which causes the offended party to abort without, however, intending it.
Art. 258. Abortion practiced by the woman herself of by her parents. The
penalty of prision correccional in its medium and maximum periods shall be
imposed upon a woman who shall practice abortion upon herself or shall consent
that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer
the penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of
them, and they act with the consent of said woman for the purpose of concealing
her dishonor, the offenders shall suffer the penalty of prision correccional in its
medium and maximum periods.
If this crime be committed by the parents of the pregnant woman or either of
them, and they act with the consent of said for the purpose of concealing her
dishonor the offender shall suffer the penalty of prision correcccional in its
maximum periods.
1. The pregnant woman either practices the abortion upon herself or
consent that another person should do so. The penalty is prision correcccional in
its medium and maximum period.
2. The penalty is lowered if the purpose of the woman is to conceal her
dishonor. But if those who performed the abortion are the parents of the
pregnant woman, consented for the purpose of concealing her dishonor, the
penalty is the same as that imposed upon the woman who practiced the abortion
upon herself, that is prision correcccional in its medium and maximum period.
Art. 259. Abortion practiced by a physician or midwife and dispensing of
abortives. The penalties provided in Article 256 shall be imposed in its
maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or assist
in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000
pesos.
1. Acts Punished: (a) Causing an abortion or assisting in causing the
same by a physician or midwife by taking advantage of their scientific knowledge
or skill; and (b) Dispensing of an abortive by a pharmacist without the proper
prescription fro a physician.

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2. If the abortion is produced by a physician to save the life of the mother,

there is no liability. This is n\known as therapeutic abortion. (Feria & Gregorio, II,
p. 315). But abortion without medical necessity to warrant it, is punishable even
with the consent of the woman or her husband. (Geluz vs. Court of Appeals,
[1961] 2 SCRA 801).
Section Three. Duel
Art. 260. Responsibility of participants in a duel. The penalty of reclusion
temporal shall be imposed upon any person who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty
provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor,
although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.
1. A duel may be defined as a formal or regular combat previously
consented between two parties in the presence of two or more seconds of lawful
age on each side, who make the selection of arms and fix all the other conditions
of the fight to settle some antecedent. (Viada, p. 191).
2. The participants who shall kill the adversary is punished with reclusion
temporal and if he merely inflicts physical injuries upon the latter, he shall suffer
the penalty thereof according to their nature. If no physical injuries are inflicted,
the combatants are punished arresto mayor.
3. The seconds are punished as accomplices.
A mere fight as a result of a agreement is not necessarily a duel because
a duel implies an agreement to fight under determined conditions and with the
participation and intervention of seconds, who fix such conditions. (U.S. vs.
Navarro, 7 Phil. 714).
Art. 261. Challenging to a duel. The penalty of prision correccional in its
minimum period shall be imposed upon any person who shall challenge another,
or incite another to give or accept a challenge to a duel, or shall scoff at or decry
another publicly for having refused to accept a challenge to fight a duel.
1. Acts Punished: (a) Challenging another to a duel; (b) Inciting another to
give or accept a challenge to a duel; and (c) Scoffing at or decrying another
publicly for having refused top accept a challenge to fight a duel.

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Chapter Two
PHYSICAL INJURIES
Art. 262. Mutilation. The penalty of reclusion temporal to reclusion perpetua
shall be imposed upon any person who shall intentionally mutilate another by
depriving him, either totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium
and maximum periods.
1. Mutilation is the loping or clipping off of some part of the body. (U.S.
vs. Bogel, 7 Phil. 285).
2. Essential element is that the mutilation must be intentional.
3. Mutilation is of two kinds: (a) of a reproductive organ which is called
castration; or (b) of any other organ.
Art. 263. Serious physical injuries. Any person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical injuries and shall
suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries
inflicted, the injured person shall become insane, imbecile, impotent, or
blind;
2. The penalty of prision correccional in its medium and maximum periods,
if in consequence of the physical injuries inflicted, the person injured shall
have lost the use of speech or the power to hear or to smell, or shall have
lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of
any such member, or shall have become incapacitated for the work in
which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods,
if in consequence of the physical injuries inflicted, the person injured shall
have become deformed, or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or incapacitated for
the performance of the work in which he as habitually engaged for a
period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person for
more than thirty days.

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If the offense shall have been committed against any of the persons enumerated
in Article 246, or with attendance of any of the circumstances mentioned in Article
248, the case covered by subdivision number 1 of this Article shall be punished
by reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision
mayor in its minimum period; the case covered by subdivision number 3 by
prision correccional in its medium and maximum periods; and the case covered
by subdivision number 4 by prision correccional in its minimum and medium
periods.
The provisions of the preceding paragraph shall not be applicable to a parent
who shall inflict physical injuries upon his child by excessive chastisement.
1. Ways of committing serious physical injuries: By (a) beating; (b)
assaulting; (c) wounding; (d) administering noxious substances.
2. There must be an intent to injure and the offender is always liable for
the direct and logical consequence thereof even though not intended. This
felony may be committed through negligence.
Art. 264. Administering injurious substances or beverages. The penalties
established by the next preceding article shall be applicable in the respective
case to any person who, without intent to kill, shall inflict upon another any
serious, physical injury, by knowingly administering to him any injurious
substance or beverages or by taking advantage of his weakness of mind or
credulity.
1. To administer an injurious substance or beverage within the meaning
of Art. 264, means to direct or cause said substance or beverage to be taken
orally by the injured person, who suffers serious physical injuries as a result. The
law does not include less serious or slight physical injuries.
2. There must be no intent to kill; otherwise frustrated murder will be
committed.
3. This is committed also by taking advantage of the weakness of mind or
credulity of the offended party.
Art. 265. Less serious physical injuries. Any person who shall inflict upon
another physical injuries not described in the preceding articles, but which shall
incapacitate the offended party for labor for ten days or more, or shall require
medical assistance for the same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the
manifest intent to kill or offend the injured person, or under circumstances adding

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ignominy to the offense in addition to the penalty of arresto mayor, a fine not
exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offender's parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not
constitute the crime of assault upon such person.
1. These physical injuries are not covered in Article 263 and 264.
2. As a consequence, the offended party is (a) incapacitated fro labor for
10 days to 30 days; or (b) shall require medical attendance for the same period.
Art. 266. Slight physical injuries and maltreatment. The crime of slight physical
injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the
offender has caused physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when
the offender shall ill-treat another by deed without causing any injury.
1. Cases of slight physical injuries and maltreatment: (a) Offended party
is incapacitated for labor from 1 to 9 days or medical attendance for the same
period is required; (b) offended party is not prevented from engaging in his
habitual work nor did it require medical attendance; and (c) the offender ill-treats
another by deed without causing an injury.
Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Chapter One
CRIMES AGAINST LIBERTY
Art. 267. Kidnapping and serious illegal detention. Any private individual who
shall kidnap or detain another, or in any other manner deprive him of his liberty,
shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.

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2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public
officer.
The penalty shall be death where the kidnapping or detention was committed for
the purpose of extorting ransom from the victim or any other person, even if none
of the circumstances above-mentioned were present in the commission of the
offense.
1. Elements: (a) That a person has been deprived of his liberty; (b) that
the offender be a private individual; and (c) that the detention be unlawful.
2. The circumstances that make illegal detention serious are: (a) If the
kidnapping or detention shall have lasted more than 5 days: this has been
committed by simulating public authority; (c) If serious injuries shall have been
inflicted on the victim or if threats to kill shall have been made; and (d) If the
victim is minor, a female or a public officer. (People vs. Mercado 131 SCRA.
501).
Art. 268. Slight illegal detention. The penalty of reclusion temporal shall be
imposed upon any private individual who shall commit the crimes described in
the next preceding article without the attendance of any of circumstances
enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or detained
within three days from the commencement of the detention, without having
attained the purpose intended, and before the institution of criminal proceedings
against him, the penalty shall be prision mayor in its minimum and medium
periods and a fine not exceeding seven hundred pesos.
1. This felony is committed if any of the four circumstances in the
commission of kidnapping or detention enumerated in Art. 267 is not present.
2. The penalty corresponding to that of the principal is imposed upon a
accomplice who cooperates by furnishing the place for the perpetration of the
crime.

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3. The penalty is lowered if (a) the offended party is voluntarily released

within 3 days; (b) without attaining the purpose; and (c) before the institution of
the criminal action.
4. The period of 3 days must be computed by days of 24 hours and from
the moment of the deprivation of liberty until it ceases. (Cuello Calon, II p. 691).
Art. 269. Unlawful arrest. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person who, in any case other
than those authorized by law, or without reasonable ground therefor, shall arrest
or detain another for the purpose of delivering him to the proper authorities.
1. This felony consists in making an arrest or detention without legal or
reasonable ground fro the purpose of delivering the offended party to the proper
authorities.
2. If the person arrested is not delivered to the authorities, the private
individual making the arrest incurs criminal liability for illegal detention. (Arts.
267-268). If the offender is a public officer, the crime is arbitrary detention. (Art.
124). If the detention arrest is for a legal ground, but the public officer delays
delivery of the person arrested to the proper judicial authorities, Art. 125 will
apply.
3. This felony may also be committed by public officers.
Malasugui, 63 Phil. 221).

(People vs.

Section Two. Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor. The penalty of reclusion
perpetua shall be imposed upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to restore the latter to his
parents or guardians.
1. Elements: (a) The offender is entrusted with the custody of a minor;
and (b) he deliberately fails to restore the minor to his parents or guardian.
2. If any of the foregoing elements is absent, the kidnapping of the minor
will fall under Art. 267.
3. The refusal, however, must be deliberate and persistent to oblige the
parents or the guardian to seek the aid of the courts to obtain the custody of the
minor.
Art. 271. Inducing a minor to abandon his home. The penalty of prision
correccional and a fine not exceeding seven hundred pesos shall be imposed

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upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.
If the person committing any of the crimes covered by the two preceding articles
shall be the father or the mother of the minor, the penalty shall be arresto mayor
or a fine not exceeding three hundred pesos, or both.
1. This felony is committed by anyone who shall induce a minor to
abandon the house of his parents or guardians or the person entrusted with his
custody.
Art. 272. Slavery. The penalty of prision mayor and a fine of not exceeding
10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or
detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to
some immoral traffic, the penalty shall be imposed in its maximum period.
1. This is committed by anyone who shall purchase, kidnap, or detain a
human being for the purpose of enslaving him.
2. The penalty is increased if the purpose of the offender is to assign the
offended party to some immoral traffic.
Art. 273. Exploitation of child labor. The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon anyone who, under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with the custody of a
minor, shall, against the latter's will, retain him in his service.
Elements: (a) The offender retains in his service a minor against his will;
and (b) offender does so under the pretext of reimbursing himself of a debt
incurred by the ascendant or guardian of said minor or by the person entrusted
with his custody.
2. If that is not the purpose of the offender, coercion is committed.
3. If that is not the purpose of the offender, coercion is committed.
Art. 274. Services rendered under compulsion in payment of debt. The penalty
of arresto mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon any person who, in order to require or enforce the
payment of a debt, shall compel the debtor to work for him, against his will, as
household servant or farm laborer.

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1. Elements: (a) The offender is a creditor of the offended party; (b) he

compels the offended party to work for him, against his will, as a household
servant or farm laborer; and (c) the purpose of the offender is not to require or to
enforce the payment of a debt.
2. If there is no relationship of creditor and debtor between the offender
and the offended party, coercion is committed.

Chapter Two
CRIMES AGAINST SECURITY
Section One. Abandonment of helpless persons
and exploitation of minors.
Art. 275. Abandonment of person in danger and abandonment of one's own
victim. The penalty of arresto mayor shall be imposed upon:
1. Any one who shall fail to render assistance to any person whom he shall find in
an uninhabited place wounded or in danger of dying, when he can render such
assistance without detriment to himself, unless such omission shall constitute a
more serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has
accidentally wounded or injured.
3. Anyone who, having found an abandoned child under seven years of age,
shall fail to deliver said child to the authorities or to his family, or shall fail to take
him to a safe place.
1. Acts Punished: (a) The failure to render assistance to any person found
wounded or dying in an uninhabited place; (b) The failure to succor or render
assistance to ones own victim; and (c) Having found an abandoned child under 7
years of age, the failure to deliver said child to the authorities or to his family, or
to take him to a safe place.
2. Under the act, the offender is liable only when he can render such
assistance without detriment to himself, unless such omission shall constitute a
more serious offense.
3. The second act will not apply if the inquiry is inflicted by the offender
intentionally.

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Art. 276. Abandoning a minor. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any one who shall abandon a child
under seven years of age, the custody of which is incumbent upon him.
When the death of the minor shall result from such abandonment, the culprit shall
be punished by prision correccional in its medium and maximum periods; but if
the life of the minor shall have been in danger only, the penalty shall be prision
correccional in its minimum and medium periods.
The provisions contained in the two preceding paragraphs shall not prevent the
imposition of the penalty provided for the act committed, when the same shall
constitute a more serious offense.
1. This is committed by anyone who shall abandon a child under seven
years of age, the custody of whom is incumbent upon him.
2. The penalty is aggravated if by reason of such abandonment the life of
the minor shall have been in danger.
3. The penalty is still higher when the death of the minor resulted from
such abandonment.
Art. 277. Abandonment of minor by person entrusted with his custody;
indifference of parents. The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon anyone who, having charge of the rearing or
education of a minor, shall deliver said minor to a public institution or other
persons, without the consent of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the proper authorities.
The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life require and
financial conditions permit.
1. Acts Punished: (a) Delivery by the person having charge of the rearing
or education of a minor to a public institution or other persons, without the
consent of the one who entrusted such child to his care or in his absence, the
consent of the proper authorities; and (b) Neglect by the parents of their station in
life requires and financial condition permits.
2. The failure of the parents to give their children the proper education
must be deliberate.
Art. 278. Exploitation of minors. The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon:

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1. Any person who shall cause any boy or girl under sixteen years of age to
perform any dangerous feat of balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal
tamer or circus manager or engaged in a similar calling, shall employ in
exhibitions of these kinds children under sixteen years of age who are not his
children or descendants.
3. Any person engaged in any of the callings enumerated in the next paragraph
preceding who shall employ any descendant of his under twelve years of age in
such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the
care of a child under sixteen years of age, who shall deliver such child
gratuitously to any person following any of the callings enumerated in paragraph
2
hereof,
or
to
any
habitual
vagrant
or
beggar.
If the delivery shall have been made in consideration of any price, compensation,
or promise, the penalty shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be removed from
office as guardian or curator; and in the case of the parents of the child, they may
be deprived, temporarily or perpetually, in the discretion of the court, of their
parental authority.
5. Any person who shall induce any child under sixteen years of age to abandon
the home of its ascendants, guardians, curators, or teachers to follow any person
engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany
any habitual vagrant or beggar.
1. Acts Punished: (a) Causing any minor under 16 years old to perform
any dangerous feat of balancing, physical strength or contortion; (b) Employment
by a person who is an act acrobat, gymnast, rope-walker, wild animal tamer or
circus manager or engages in similar calling, of children 16 years old who are not
his children; (c) Employment by such persons of any descendants of his under
12 years old in such dangerous exhibitions; (d) Delivery by any ascendant,
guardian, teacher, or person entrusted with the care of any child under 16 years
old gratuitously to any of the persons mentioned in par. (a) and (b) or to any
habitual vagrant or beggar, and the penalty is imposed in its maximum period if
said delivery was made in consideration of a price, compensation or promise and
in either the case the guardian or curator is removed from his office while the
parents are deprived of their parental authority, temporarily or perpetually, in the
discretion of the court; and (e) Inducement by any persons of any child under 16
years old to abandon the house of his parents or guardian to follow any person
engaged in any of the callings mentioned in par. (b) or to accompany any
habitual vagrant or beggar.

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2. Art. 59, 7 of Pres. Decree 603 punishes the parent who improperly
exploits the child by using him, directly or indirectly, such as for purposes of
begging and other acts which are inimical to his interest and welfare.
Art. 279. Additional penalties for other offenses. The imposition of the
penalties prescribed in the preceding articles, shall not prevent the imposition
upon the same person of the penalty provided for any other felonies defined and
punished by this Code.
1. The imposition of the penalties provided in the provided in the
preceding articles shall not prevent the imposition upon the same offender of the
for any other felony punished by the Code.
2. Under Art. 60 of Pres. Decree 603 the acts mentioned in Art. 59
committed by parents and guardians are punished with imprisonments form 2 to
6 moths or a fine not exceeding P500 or both, unless a higher penalty is provided
in the Revised Penal Code.
Section Two. Trespass to dwelling
Art. 280. Qualified trespass to dwelling. Any private person who shall enter the
dwelling of another against the latter's will shall be punished by arresto mayor
and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty
shall be prision correccional in its medium and maximum periods and a fine not
exceeding 1,000 pesos.
The provisions of this article shall not be applicable to any person who shall enter
another's dwelling for the purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person, nor shall it be applicable to any
person who shall enter a dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other
public houses, while the same are open.
1. Elements: (a) Offender is a private person; (b) He entered the dwelling
of another; and (c) Such entrance was effected against the latters will. (People
vs. Mallari, [CA] 47 O.G. 1856).
2. Dwelling is the place that a person inhabits. It includes the
dependencies which may have interior communication with the house. It is
necessary that it be the permanent dwelling of a person. So, the room in a hotel
may be considered s dwelling

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Art. 281. Other forms of trespass. The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, shall be imposed upon any person who shall enter
the closed premises or the fenced estate of another, while either or them are
uninhabited, if the prohibition to enter be manifest and the trespasser has not
secured the permission of the owner or the caretaker thereof.
1. Elements: (a) Offender shall enter the closed premises or fenced
estate of another; (b) Such closed premises or fenced estate in uninhabited; (c)
There is a manifest prohibition against entering such closed premises or fenced
estate; and (d) Offender has no secured the permission of the owner or the
caretaker thereof.
2. This also called trespass to property.
3. Related offense is that provided in Pres. Decree No. 1227 regarding
unlawful entry into any military base in the Philippines.

Section Three. Threats and coercion

Art. 282. Grave threats. Any person who shall threaten another with the
infliction upon the person, honor or property of the latter or of his family of any
wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be
threatened to commit, if the offender shall have made the threat demanding
money or imposing any other condition, even though not unlawful, and said
offender shall have attained his purpose. If the offender shall not have attained
his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat
shall not have been made subject to a condition.
1. Threat is a declaration of an intention or determination to injure another
by the commission upon his person, honor or property or upon that of his family
of some wrong which may or may not amount to a crime. When the wrong
threatened to be inflicted amounts to a crime, the case falls under Art. 282, and is
punished as grave threats; if it does not amount to a crime, the case falls under
either Article 283 and is punished as light threats.

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Art. 283. Light threats. Any threat to commit a wrong not constituting a crime,
made in the manner expressed in subdivision 1 of the next preceding article,
shall be punished by arresto mayor.
1. In order to convict a person who threatens another with a wrong, the
commission of which does not amount to a crime which is the crime of light
threats, it must be proved that the offender has made the threats demanding
money or imposing any other condition, even though not unlawful. Blackmail is
punished under this article if money is demanded under threats of exposure.
2. Where the accused obtained money from the complaint under a threat
that the latter would be reported to the latter would be reported to the Bureau of
Internal Revenue for tax evasion fro which she would she would be prosecuted
and deported, the crime committed is light threats as defined and penalized in
Art. 283 of the Revised Penal Code.
Art. 284. Bond for good behavior. In all cases falling within the two next
preceding articles, the person making the threats may also be required to give
bail not to molest the person threatened, or if he shall fail to give such bail, he
shall be sentenced to destierro.
1. A person convicted of grave threats under Art. 282 or light threats
under Art. 283 may, in addition to the penalty prescribed by law, also be required
to give bond shall be required to cover such period of time as the court may
determine.
2. This penalty is distinct from that provided in Art. 35. If the offended
fails to furnish the bond, he shall be sentenced to destierro.
Art. 285. Other light threats. The penalty of arresto menor in its minimum
period or a fine not exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the provisions of the next preceding
article, shall threaten another with a weapon or draw such weapon in a quarrel,
unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some
harm not constituting a crime, and who by subsequent acts show that he did not
persist in the idea involved in his threat, provided that the circumstances of the
offense shall not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a
felony.
1. Acts Punished: (a) Threatening another with a weapon or drawing such
weapon during a quarrel; except in lawful self-defense; (b) Orally threatening

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another in the heat of anger with some harm constituting a crime and who by
subsequent acts shows that he did not persist in the idea involved in the threat,
provided the circumstances do not fall within the provision of Art. 282; and (c)
Orally threatening another with any harm not constituting a felony.
Art. 286. Grave coercions. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person who, without authority
of law, shall, by means of violence, prevent another from doing something not
prohibited by law, or compel him to do something against his will, whether it be
right or wrong.
If the coercion be committed for the purpose of compelling another to perform
any religious act or to prevent him from so doing, the penalty next higher in
degree shall be imposed.
1. Elements: That a person be prevented by another from doing
something not prohibited by law, or compelled to do something against his will,
be it right or wrong; (b) That the prevention or compulsion be effected by
violence, either by material force or such a display of force as would produce
intimidation and control the will of the offended party; and (c) That the person
who restrained the will and liberty of another had no right to do so, or in other
words, that the restraint shall not be made under authority of law or in the
exercise of any right. (People vs. Picunada, [CA] 434 O.G. 2222; People vs.
Camat, [CA] G.R. No. 13777-R, Sept. 22, 1955; People vs. Coral, [CA] G.R. No.
03747-CR, April 8, 1965).
2. Violence is not exclusive physical force but also includes moral
pressure or intimidation.
Art. 287. Light coercions. Any person who, by means of violence, shall seize
anything belonging to his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty of arresto mayor in its minimum
period and a fine equivalent to the value of the thing, but in no case less than 75
pesos.
Any other coercions or unjust vexations shall be punished by arresto menor or a
fine ranging from 5 pesos to 200 pesos, or both.
1. The first paragraph deals with light coercion wherein violence is
employed by the offender who is a creditor in seizing anything belonging to his
debtor for the purpose of applying the same to the payment of the debt.
2. In the other light coercions or unjust vexation embraced in the second
paragraph, violence is absent.

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Art. 288. Other similar coercions; (Compulsory purchase of merchandise and

payment of wages by means of tokens.) The penalty of arresto mayor or a fine
ranging from 200 to 500 pesos, or both, shall be imposed upon any person,
agent or officer, of any association or corporation who shall force or compel,
directly or indirectly, or shall knowingly permit any laborer or employee employed
by him or by such firm or corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the wages
due a laborer or employee employed by him, by means of tokens or objects other
than the legal tender currency of the laborer or employee.
1. Acts Punished: (a) Forcing or compelling by any person, agent, or
officer or any association or corporation, directly or indirectly, any employee
employed by him to purchase merchandise or commodities of any kind; and 9b)
Paying of wages by means of token or objects other than the legal currency
unless expressly requested by the employee or laborer.
Art. 289. Formation, maintenance and prohibition of combination of capital or
labor through violence or threats. The penalty of arresto mayor and a fine not
exceeding 300 pesos shall be imposed upon any person who, for the purpose of
organizing, maintaining or preventing coalitions or capital or labor, strike of
laborers or lock-out of employees, shall employ violence or threats in such a
degree as to compel or force the laborers or employers in the free and legal
exercise of their industry or work, if the act shall not constitute a more serious
offense in accordance with the provisions of this Code.
1.. Acts Punished; (a) Organizing, maintaining or preventing coalitions of
capital or labor, strike, or lockout through violence or threats.
2. The act must not constitute a more serious offense punished by the
Code. Making of communication and correspondence shall be inviolable except
from lawful order of the court, or when public safety and other reprieve otherwise.

Chapter Three
DISCOVERY AND REVELATION OF SECRETS
Art. 290. Discovering secrets through seizure of correspondence. The penalty
of prision correccional in its minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon any private individual who in order
to discover the secrets of another, shall seize his papers or letters and reveal the
contents thereof.

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If the offender shall not reveal such secrets, the penalty shall be arresto mayor
and a fine not exceeding 500 pesos.
The provision shall not be applicable to parents, guardians, or persons entrusted
with the custody of minors with respect to the papers or letters of the children or
minors placed under their care or study, nor to spouses with respect to the
papers or letters of either of them.
Elements: (a) Offender is a private individual or even a public officer not in
the exercise of his official duties; (b) He seizes the papers or letters of another
and (c) Offender is informed of its contents.
Art. 291. Revealing secrets with abuse of office. The penalty of arresto mayor
and a fine not exceeding 500 pesos shall be imposed upon any manager,
employee, or servant who, in such capacity, shall learn the secrets of his
principal or master and shall reveal such secrets.
Elements: (a) Offender is a manager, employee, or servant of the offended
party; (b) He reveals the secret of his principal or master; and (c) The secrets
revealed by the offender came to his knowledge by reason of his office.
Art. 292. Revelation of industrial secrets. The penalty of prision correccional in
its minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon the person in charge, employee or workman of any manufacturing
or industrial establishment who, to the prejudice of the owner thereof, shall reveal
the secrets of the industry of the latter.
Elements: (a) Offender is a person in charge, or employee or workman of
any manufacturing or industrial establishment; and (b) Such offender reveals the
secrets of the industry; and (c) The revelation caused prejudice to the owner of
such establishment. (People vs. de la Merced, 22840-CR, Oct. 19 1979, [CA] 75
O.G. No. 49, p. 9896).
Title Ten
CRIMES AGAINST PROPERTY
Chapter One
ROBBERY IN GENERAL
Art. 293. Who are guilty of robbery. Any person who, with intent to gain, shall
take any personal property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be guilty of robbery.
1. Elements: (a) Intent to gain (animus lucrandi); (b) Unlawful taking
(something called asportation); (c) Personal property (bienes muebles) belonging

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to another; and (d) Violence against or intimidation of any person or force upon
things.
2. Kinds of robbery: (a) Robbery with violence against or intimidation of
persons; and (b) Robbery with force upon things.
Section One. Robbery with violence or intimidation of persons.
Art. 295. Robbery with violence against or intimidation of persons; Penalties.
Any person guilty of robbery with the use of violence against or intimidation of
any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on
occasion of the robbery, the crime of homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion
perpetua when the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such robbery, any
of the physical injuries penalized in subdivision 1 of Article 263 shall have
been inflicted; Provided, however, that when the robbery accompanied
with rape is committed with a use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death (As amended by
PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of
the robbery, any of the physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding paragraph, shall have been
inflicted.
4. The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period, if the violence or intimidation employed in
the commission of the robbery shall have been carried to a degree clearly
unnecessary for the commission of the crime, or when the course of its
execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum period to prision
mayor in its medium period in other cases. (As amended by R. A. 18).
1. When by reason or on occasion of the robbery homicide results penalty
of reclusion perpetua to death will be imposed.
2. Robbery accompanied by rape or intentional mutilation or by reason or
on the occasion of such robbery serious physical injuries penalized in Art.
263, par. 1, shall have been inflicted

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3. When by reason or on the occasion of the robbery serious physical

injuries penalized in Art. 263, par. 2, shall have been inflicted.
4. If the violence or intimidation employed is clearly unnecessary for the
commission of the crime, or when in the course of the robbery, serious
physical injuries, penalized in Art. 263, pars. 3 and 4, shall have been
inflicted upon any person not responsible for the commission of the
robbery.
5. Other cases of violence or intimidation.
Art. 295. Robbery with physical injuries, committed in an uninhabited place and
by a band, or with the use of firearm on a street, road or alley. If the offenses
mentioned in subdivisions three, four, and five of the next preceding article shall
have been committed in an uninhabited place or by a band, or by attacking a
moving train, street car, motor vehicle or airship, or by entering the passenger's
compartments in a train or, in any manner, taking the passengers thereof by
surprise in the respective conveyances, or on a street, road, highway, or alley,
and the intimidation is made with the use of a firearm, the offender shall be
punished by the maximum period of the proper penalties.
In the same cases, the penalty next higher in degree shall be imposed upon the
leader of the band.
1. Application of Article. This article qualities the robberies covered by
subdivisions 3, 4 and 5 of Art. 294, when they are committed; (a) in an
uninhabited place; (b) by a band; (c) by attacking a moving train, streetcar, motor
vehicle, or airship; (d) by entering the passengers compartment in a train, or in
any manner taking the passengers thereof by surprise; or (e) on a street, road,
highway, or alley and the intimidation is affected by means of a forearm. The
article does not apply to robbery with homicide or robbery with rape, or with
mutilation, or with serious physical injuries are defined in par 1 Art. 263.
Art. 296. Definition of a band and penalty incurred by the members thereof.
When more than three armed malefactors take part in the commission of a
robbery, it shall be deemed to have been committed by a band. When any of the
arms used in the commission of the offense be an unlicensed firearm, the penalty
to be imposed upon all the malefactors shall be the maximum of the
corresponding penalty provided by law, without prejudice of the criminal liability
for illegal possession of such unlicensed firearms.
Any member of a band who is present at the commission of a robbery by the
band, shall be punished as principal of any of the assaults committed by the
band, unless it be shown that he attempted to prevent the same.

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1. There is a band where the robbery is committed by at least four armed

malefactors.
Art. 296 has no application to robbery with homicide because of Rep. Act. 277
which excluded subdivisions 1 and 2 of Art. 294 from the coverage of Article 295.
(People vs. Apduhan, Jr., et al., L-19491, Aug. 30, 1968, 24 SCRA 798), not to
robbery with rape. (People vs. Otto. Et al., G.R. L-29631, Jan. 31, 1973).
2. There may be several malefactors but when only two are armed, there
is no robbery committed by a band (people vs. Arpia, 38 O.G. 1142); or if only
three of the culprits are armed (People vs. Izon, L-10397, Oct. 16, 1958).
3. The member of the band who is present at the commission of the
robbery and who does nothing to prevent the killing is liable for robbery with
homicide (last par., Art. 296, as amended by Rep. Act. No. 120), even the if the
agreement is to commit robbery only.
Art. 297. Attempted and frustrated robbery committed under certain
circumstances. When by reason or on occasion of an attempted or frustrated
robbery a homicide is committed, the person guilty of such offenses shall be
punished by reclusion temporal in its maximum period to reclusion perpetua,
unless the homicide committed shall deserve a higher penalty under the
provisions of this Code.
1. This article applies when homicide is committed on the occasion of on
attempt or frustrated robbery, and constitutes an exception to the rule of lowering
the penalty by one or two degrees in cases of attempted or frustrated felonies.
(Art. 60).
2. In the case of attempted or frustrated robbery with serious physical
injuries, neither Art. 294 will apply. The offense in such case will be a complex
crime and the penalty to be imposed in accordance with Art. 48. (People vs.
Villanueva, [CA] G.R. No. 2979, May 31, 1939).
3. The term homicide in Article 297 is used in the generic name. It could
include murder if the killing is attended by any of the qualifying circumstances
enumerated in Article 284, parricide and infanticide. This unmistakably so if the
phrase unless the homicide committed shall deserve a higher penalty xxx
found in Article 297 is given its plain and implicit meaning. In so providing, Article
297, expressly permit permits, if not requires, prosecution of the grave offense of
murder, if the killing by reason or on the occasion of an attempted or frustrated
robbery, is qualified. (People vs. Andaya, 102 SCRA 116, Jan. 19, 1981).
4. Attempted robbery with homicide is committed when the killing of the
victim was merely incidental to and an off-shoot of the plan to carry out the

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robbery which, however, was not consummated because of the resistance of the
deceased. (People vs. Dio 130 SCRA 151).
Art. 298. Execution of deeds by means of violence or intimidation. Any person
who, with intent to defraud another, by means of violence or intimidation, shall
compel him to sign, execute or deliver any public instrument or documents, shall
be held guilty of robbery and punished by the penalties respectively prescribed in
this Chapter.
1. Elements: (a) Offender has intent to defraud another; (b) Offender
compels him to sign, execute or deliver any public instrument or document; and
(c) The compulsion is by means of violence or intimidation.
2. Distinguished from coercion. The element of fraudulent intent is what
distinguishes this felony from coercion. In coercion, there is no intent to gain.
Also, in coercion, fear is produced in the mind of the offended party in order to
obtain something from him by threatening to cause him an evil or damage which
is not immediate but remote; in this form of robbery, however, such fear is
produced by threatening to cause an evil or damage which is immediate.
Section Two. Robbery by the use of force upon things
Art. 299. Robbery in an inhabited house or public building or edifice devoted to
worship. Any armed person who shall commit robbery in an inhabited house or
public building or edifice devoted to religious worship, shall be punished by
reclusion temporal, if the value of the property taken shall exceed 250 pesos, and
if:
(a) The malefactors shall enter the house or building in which the robbery
was committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or
window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public
authority.
Or if
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle;

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2. By taking such furniture or objects to be broken or forced open

outside the place of the robbery.
When the offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the value of
the property taken does not exceed 250 pesos.
When said offenders do not carry arms and the value of the property taken does
not exceed 250 pesos, they shall suffer the penalty prescribed in the two next
preceding paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies of an inhabited house,
public building, or building dedicated to religious worship, the penalties next
lower in degree than those prescribed in this article shall be imposed.
1. Robbery with force upon things is committed: (a) if the force upon
things was employed to effect entrance into the house or building by any of the
four modes, by bringing outside the building any locked or sealed receptacle to
be broken open or by breaking doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle inside the building. Outside of theses
cases, the crime committed will be theft and not robbery although there is force
upon things.
Thus, the following were hold to constitute theft: (a) where the offender
entered the dwelling by passing through the doors which were open or not
secured by a lock or bolt. (U.S. vs. Aronce, 12 Phil. 291): and (b) where the
accused broke the show window without entering the building but merely
introduced his hand and abstracted the watches therefrom. People vs. Adorno,
[CA] 40 O.G. 567). Removing the hook or the contraption to which the padlock is
placed to lock the door, or using an article to open the lock attached to the
doorknob, is certainly not the breaking contemplated by Arts. 299 and 302 of the
Revised Penal Code. (People vs. Manawat, G.R. No. L-06407-CR, Sept. 7,
1965). Also, where the accused entered a church while open, and remained
inside until it was closed for the night, then took valuable objects and destroyed
the lock of the door to get out, theft not robbery is committed, (People vs.
Espiridion, CA IV, L.J. 646 [1936] but if he broke the top of the poor box in the
church which was locked with a lever, robbery under par. b or Art. 299 is
committed.
Art. 300. Robbery in an uninhabited place and by a band. The robbery
mentioned in the next preceding article, if committed in an uninhabited place and
by a band, shall be punished by the maximum period of the penalty provided
therefor.

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1. In robbery with force upon things, the felony becomes qualified when
committed in an uninhabited place and by a band, with robbery with violence
against or intimidation upon persons becomes qualified when committed either
by (a) by a band, or (b) in an uninhabited place (U.S. vs. Morada, 23 Phil. 477),
excluding robbery with homicide and robbery with rape.
Art. 301. What is an inhabited house, public building or building dedicated to
religious worship and their dependencies. Inhabited house means any shelter,
ship or vessel constituting the dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent therefrom when the robbery is
committed.
All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables
or other departments or inclosed places contiguous to the building or edifice,
having an interior entrance connected therewith, and which form part of the
whole, shall be deemed dependencies of an inhabited house, public building or
building dedicated to religious worship.
Orchards and other lands used for cultivation or production are not included in
the terms of the next preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government,
although temporarily unoccupied by the same.
1. Concept of public building. Public building includes every building
owned by the Government or belonging to a private person but used or rented by
the Government, although temporarily unoccupied by the same. What makes a
building public is not its inauguration for the purpose intended but the fact of the
State or any of its agencies having the title thereto (People vs. Constantino, 46
Phil. 745) and includes every building owned by the government whether it be a
garage or anything else. (People vs. Puzon, [CA] 48 O.G. 4878.
2. Concept of inhabited house. The crime is robbery in an inhabited
house since the building was used as a dwelling, although there was no one
actually present in the house at the time of the robbery. Such casual absence
cannot bring the crime within the classification of robbery in an uninhabited place,
for the reason that the building was ordinarily inhabited and intended dwelling,
the inhabitants of which might have suffered bodily harm during the commission
of the crime. It is on this account that the penal law punishes more severely th
robbery of a house used as dwelling than that committed in an uninhabited place.
(U.S. vs. Ventura, 39 Phil. 523).
3. What is a dependency? The facts as related do in fact, constitute the
crime of robbery, committed in a small store located in the ground floor which is

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dependency of the same house. This house has an inside communication with
the store located on its lower floor, and both of them, house and store located on
its lower floor, and both of them, house and store, form one single building. As
the upper floor of the house was inhabited, the robbery committed is the shop
located in the lower part of the building must be classified as robbery in an
inhabited house or a dependency thereof. (U.S. Ventura, supra; also People vs.
Pagel, supra). If the information does not allege the store is used and occupied
as a dwelling, the robbery will be in an uninhabited house defined and penalized
in Art. 302. (People vs. Angeles, 14 CAR 946 citing People vs. Tubog, 49 Phil.
620).
4.
A garage is not necessarily a dependency unless it has a
communication with the house in connection with which it is used. (People vs.
Labide, G.R. No. 42303, Dec. 30, 1934).
Art. 302. Robbery is an uninhabited place or in a private building. Any robbery
committed in an uninhabited place or in a building other than those mentioned in
the first paragraph of Article 299, if the value of the property taken exceeds 250
pesos, shall be punished by prision correccional if any of the following
circumstances is present:
1. If the entrance has been effected through any opening not intended for
entrance or egress.
2. If any wall, roof, flour or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed furniture or
receptacle has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed even if the same to broken open
elsewhere.
When the value of the property takes does not exceed 250 pesos, the penalty
next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in said articles.
Elements: (a) Offender enters an uninhabited place or building which is
neither a dwelling, a public building, nor an edifice devoted to religious worship;
(b) Any of the following circumstances be present; (1) Entrance has been

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effected through an opening not intended for entrance or egress; (2) Any wall,
roof, floor, or outside door or window has been broken; (3) Entrance has been
effected through the use of false key, picklocks, or any other similar tools; (4) Any
door, wardrobe, chest, or any other sealed or closed furniture or receptacle has
been broken; (5) Any closed or sealed receptacle aforementioned, has been
removed, even if broken open elsewhere; and (c) Offender takes personal
property belonging to another with intent to gain.
The term lugar no habitado in Art. 302 is the antonym of casa habitada
in Art. 299. (People vs. Jaranilla, supra). Building in Art. 302 refers to a private
building. (People vs. Cruz, et al., [1971]pCA] 68 O.G. 5724). The building
belonging to Negros Navigation Company is a private building. (People vs.
Cesar, 16 CAR 829).
Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private
building. In the cases enumerated in Articles 299 and 302, when the robbery
consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the
penalty next lower in degree than that prescribed in said articles.
1. The taking of hulled rice from a warehouse does not fall under this
article but under the penultimate paragraph of Art. 302 because hulled rice is not
the semilla alimentia erroneously translated as cereals in Art.303 of the
Revised Penal Code. Cereal simply means the grain either of palay, wheat or
corn, etc., while the words semilla alimenticia, have boarder meaning,
inasmuch as semilla (seedling) is part of the fruit of the plant which produces it
when it germinates under proper conditions. According to Groizard seedling is
the immediate product of the soil. Hulled rice is not the immediate and natural
product of the soil but the product obtained from unhulled rice (palay) through the
employment of labor. Hulled rice (arroz) is therefore no seedling. Flour which is
obtained from wheat through the employment of labor, is likewise not seedling.
In case of doubt in the interpretation of the Revised Penal Code, the Spanish text
should prevail. (People vs. Mesias, 65 Phil. 267). Unhulled rice or palay which is
grain in its original state, under proper condition will germinate with the plant that
produces it. Robbery of palay comes under Art. 303. (People vs. Angeles, 14
CAR 946).
2. The robbery of 15 sacks of palay committed with intimidation upon
persons and force upon things is penalized under Art. 294 of the Revised Penal
Code and not under this article. This provision refers to the robbery through the
use of force upon things and while it is true that the opening on the floor of the
camarin implies force upon things, nevertheless where violence or intimidation
against persons is also present, the latter element supplies the controlling
qualification since the circumstance implies greater disturbance to the order of
society and the security of the individual. (Manahan vs. People, 73 Phil. 691
citing the Baluyot case). As discussed previously, a complex crime is committed.
(Napolis vs. Court of Appeals, supra).

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3. Quantity and value of seedling kept by the owner as seedling must be

insignificant and taken for that purpose. Where the value of the seedling taken is
great and there is no showing that it was kept by the owner as seedling or taken
for that purpose by the robber, the felony will be that of robbery under par. 2, of
Art. 302. (People vs. Taugan, [CA] G.R. No. 1287-R).
Art. 304. Possession of picklocks or similar tools. Any person who shall
without lawful cause have in his possession picklocks or similar tools especially
adopted to the commission of the crime of robbery, shall be punished by arresto
mayor in its maximum period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person who shall make such tools.
If the offender be a locksmith, he shall suffer the penalty of prision correccional in
its medium and maximum periods.
1. Elements: (a) Possession of picklocks or similar tools specially adopted
to the commission of the crime of robbery; (b) Such possession is without lawful
cause (People vs. Lopez, No. L-18766, may 20, 1965).
2. Actual use of the picklocks or tools is not necessary to constitute illegal
possession thereof.
3. If the offender be a locksmith, he shall suffer a higher penalty.

Art. 305. False keys. The term "false keys" shall be deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender.
1. False keys include: (a) Tools mentioned in the preceding article
(picklocks or similar tools specially adopted to the commission of robbery); (b)
Genuine keys stolen from the owner; and (c) Any keys other than those intended
by the owner for use in the lock forcibly opened by the offender.

Chapter Two
BRIGANDAGE
Art. 306. Who are brigands; Penalty. When more than three armed persons

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form a band of robbers for the purpose of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to obtain ransom or for any
other purpose to be attained by means of force and violence, they shall be
deemed highway robbers or brigands.
Persons found guilty of this offense shall be punished by prision mayor in its
medium period to reclusion temporal in its minimum period if the act or acts
committed by them are not punishable by higher penalties, in which case, they
shall suffer such high penalties.
If any of the arms carried by any of said persons be an unlicensed firearms, it
shall be presumed that said persons are highway robbers or brigands, and in
case of convictions the penalty shall be imposed in the maximum period.
1. The formation of highway robbers or brigands is punishable under this
article. This crime is committed by mere conspiracy to commit the acts of
brigandage. If the robbers in band should commit robbery (Art. 295), should
kidnap (Art. 267), or do any criminal act by force or violence, penalized by a
greater penalty, those responsible shall be prosecuted under said law and
penalized accordingly.
2. The purpose of highways robbers or brigands is extortion or ramson.
3. Purpose of punishing brigandage. Our penal law on robberies and
theft are not alone sufficient to repress theses felonies committed by roving
bands or highways robbers or brigands. The former Philippine Commission,
therefore, enacted Act. No. 518, a law for the punishment of such bands making
the penalty more severe. The main object of the law was to prevent the
formation of such bonds. (U.S. vs. Decusin, 2 Phil.536
Art. 307. Aiding and abetting a band of brigands. Any person knowingly and in
any manner aiding, abetting or protecting a band of brigands as described in the
next preceding article, or giving them information of the movements of the police
or other peace officers of the Government (or of the forces of the United States
Army), when the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands shall be punished by prision
correccional in its medium period to prision mayor in its minimum period.
It shall be presumed that the person performing any of the acts provided in this
article has performed them knowingly, unless the contrary is proven.
Elements: (a) Existence of a band of brigands; (b) Offender knows such
band to be a band of brigands; and (c) He performs any of the following acts: (1)
Aids, abets, or protects such band of brigands; (2) Gives them information of the

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movement of the police or other peace officers of the government; and (3)
Acquires or receives the property taken by such brigands.
Chapter Three
THEFT
Art. 308. Who are liable for theft. Theft is committed by any person who, with
intent to gain but without violence against or intimidation of persons nor force
upon things, shall take personal property of another without the latter's consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an inclosed estate or a field where trespass
is forbidden or which belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall gather cereals, or other
forest or farm products.
1. Elements: (a) Intent of gain (animus lucrandi); (b) Unlawful taking
(apoderamiento); (c) Personal property belonging to another; (d) Absence of
violebce or intimidation against persosns or force upon things; and (e) Without
the consent of the owner. (U.S. de Vera, 43 Phil. 100; People vs. Mercado, 65
Phil.665).
2. Distinguished from larceny: (a) Larceny is a continuing offense but theft
is not. (Duran, et al. vs. Tan, G.R. No. L-2760, Feb. 11, 1958). In theft, the
carrying away of the thing unlawfully taken is not necessary, while in larceny, the
thief must remove the stolen property, and if he removes it into another country
(animus furandi) he is, in the eyes of the law, guilty of larceny in every country
into which the subject may have been carried away. (People vs. Mercado,
supra).
Art. 309. Penalties. Any person guilty of theft shall be punished by:
1. The penalty of prision mayor in its minimum and medium periods, if the
value of the thing stolen is more than 12,000 pesos but does not exceed 22,000
pesos, but if the value of the thing stolen exceeds the latter amount the penalty
shall be the maximum period of the one prescribed in this paragraph, and one
year for each additional ten thousand pesos, but the total of the penalty which
may be imposed shall not exceed twenty years. In such cases, and in connection

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with the accessory penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be termed prision mayor or
reclusion temporal, as the case may be.
2. The penalty of prision correccional in its medium and maximum periods,
if the value of the thing stolen is more than 6,000 pesos but does not exceed
12,000 pesos.
3. The penalty of prision correccional in its minimum and medium periods,
if the value of the property stolen is more than 200 pesos but does not exceed
6,000 pesos.
4. Arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property stolen is over 50 pesos but does not
exceed 200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does
not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does
not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is
committed under the circumstances enumerated in paragraph 3 of the next
preceding article and the value of the thing stolen does not exceed 5 pesos. If
such value exceeds said amount, the provision of any of the five preceding
subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos,
when the value of the thing stolen is not over 5 pesos, and the offender shall
have acted under the impulse of hunger, poverty, or the difficulty of earning a
livelihood for the support of himself or his family.
1. Basis is the value of the thing stolen.
2. If the value is not proven where the thing has some value, the penalty
imposable would be the minimum penalty, which is that prescribed by No.
6 of Art. 309. (People vs. Reyes, 58 Phil. 964).
3. In cases of theft, the exact value of the thing stolen need not be proved
for determining the corresponding liability, it being sufficient that it be
shown that it has some value, and in this particular case, judicial
knowledge was taken of that actually in the Philippines, a jeep is running
condition is worth P1,000.00 (People vs. De la Cruz, 43 O.G. 3206).

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Art. 310. Qualified theft. The crime of theft shall be punished by the penalties
next higher by two degrees than those respectively specified in the next
preceding article, if committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the plantation or fish taken from
a fishpond or fishery, or if property is taken on the occasion of fire, earthquake,
typhoon, volcanic erruption, or any other calamity, vehicular accident or civil
disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).
1. Kinds
Theft is qualified if any of the following circumstances is present (The
penalty is next higher by two degrees pursuant to R.A. No. 1201, June 4, 1947):
a. If the offender is a domestic servant;
b. If it is committed with grave abuse of confidence; or
c. By the nature of the property, which is either:
1. Motor vehicle;
2. Mail matter
3. Coconuts taken from a plantation; or
4. Fish taken from a fishpond or fishery.
d. Timber smuggled from an illegal cutting of logs in public forests and
forest reserves. (Pres. Decree 330 [1973]}. Repealed by PD 705 but
illegal logging is still punished in Sec. 62 thereof qualified theft. (People
vs. Hon. Genato, [CA] 75 O.G. 670).
e. As amended by Batas Blg. 71, May 1, 1980 property is taken on
occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
Art. 311. Theft of the property of the National Library and National Museum. If
the property stolen be any property of the National Library or the National
Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500
pesos, or both, unless a higher penalty should be provided under other
provisions of this Code, in which case, the offender shall be punished by such
higher penalty.
Offense of Fencing (Presidential Decree No. 1612), March 2, 1979)
Sec. 2. Definition of Terms - The following terms shall means as follows:
a. Fencing is the act of any person who, with intent to gain fro himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or anything of value which we knows, or
should be known to him, to have been derived from the proceeds of the
crime of robbery or theft.
b. Fence includes any person, firm, association, corporation or partnership
or other organization who/which commits the act of fencing.

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Sec 3. Penalties. Any person guilty of fencing shall be punished as hereunder

indicated:
a. The penalty of prision mayor, if the value of the property involved is
more than 12, 000 pesos but not exceeding 22,000 pesos; if the value
of such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one (1)
year for each additional 10,000 pesos, but the total penalty which may
be imposed shall not exceed (20) years. In such cases, the penalty
shall be termed reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised Penal Code shall also be
imposed.
b. The penalty of prision correccional in its medium and maximum
periods, If the value of the property robbed and stolen is more than
6,000 pesos but not exceeding 12, 000 pesos.
c. The penalty of prision correctional in its minimum and medium periods,
if the value of the property involved is more than 200 pesos but not
exceeding 6,000 pesos.
d. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, if the value of property involved is
over 50 pesos exceeding 200 pesos.
e. The penalty of arresto mayor in its medium period if such value is over
five (5) pesos but not exceeding 50 pesos
f. The penalty of arresto mayor in its minimum period, if such value does
not exceed 5 pesos.

Chapter Four
USURPATION
Art. 312. Occupation of real property or usurpation of real rights in property.
Any person who, by means of violence against or intimidation of persons, shall
take possession of any real property or shall usurp any real rights in property
belonging to another, in addition to the penalty incurred for the acts of violence
executed by him, shall be punished by a fine from 50 to 100 per centum of the
gain which he shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos
shall be imposed.
Elements: (a) A person has taken possession of real property or usurped
real rights in property; (b) The property occupied or real right usurped belongs to
another; (c) The occupation or usurpation was committed by means of violence
against or intimidation of persons; and (d) there must be intent to gain.

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Art. 313. Altering boundaries or landmarks. Any person who shall alter the
boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same, shall be punished by
arresto menor or a fine not exceeding 100 pesos, or both.
This is committed by any person who alters the boundary marks or
monuments of towns, provinces or states, or any other marks intended to
designate the boundaries of the same. Intent to gain is not an element because
the law does so require. Mere alteration of the boundary, marks or monuments
intended to designate the boundaries of towns, provinces or estates is
punishable.
Chapter Five
CULPABLE INSOLVENCY
Art. 314. Fraudulent insolvency. Any person who shall abscond with his
property to the prejudice of his creditors, shall suffer the penalty of prision mayor,
if he be a merchant and the penalty of prision correccional in its maximum period
to prision mayor in its medium period, if he be not a merchant.
Elements: (a) Offender is a debtor; (b) He absconds with his property; and
(c) To the prejudice of his creditors.
Chapter Six
SWINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa). Any person who shall defraud another by any of
the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in
its minimum period, if the amount of the fraud is over 12,000 pesos but does not
exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its maximum period, adding one
year for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, and in connection with the
accessory penalties which may be imposed under the provisions of this Code,
the penalty shall be termed prision mayor or reclusion temporal, as the case may
be.
2nd. The penalty of prision correccional in its minimum and medium periods, if
the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in
its minimum period if such amount is over 200 pesos but does not exceed 6,000
pesos; and

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4th. By arresto mayor in its maximum period, if such amount does not exceed
200 pesos, provided that in the four cases mentioned, the fraud be committed by
any of the following means:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or anything of
value which the offender shall deliver by virtue of an obligation to
do so, even though such obligation be based on an immoral or
illegal consideration.
(b) By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under
any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money,
goods, or other property.
(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such signature
in blank, to the prejudice of the offended party or of any third
person.
2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining
to his art or business.
(c) By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the offended party
may deem proper to bring against the offender. In this case, the
offender shall be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in payment of an
obligation when the offender therein were not sufficient to cover the
amount of the check. The failure of the drawer of the check to
deposit the amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the payee or
holder that said check has been dishonored for lack of insufficiency
of funds shall be prima facie evidence of deceit constituting false

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pretense or fraudulent act. (As amended by R.A. 4885, approved

June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation at a
hotel, inn, restaurant, boarding house, lodging house, or apartment
house and the like without paying therefor, with intent to defraud the
proprietor or manager thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or apartment house by
the use of any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining
credit, food, refreshment or accommodation therein without paying
for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a
gambling game.
(c) By removing, concealing or destroying, in whole or in part, any
court record, office files, document or any other papers.
Presidential Decree 818 (1975), amended par. 2 (d) of Article 315
as amended by Rep. Act 4885 (re: bouncing checks) by increasing
existing penalties therefor in order to arrest and curb the rise in this
kind of estafa cases.
4. Elements: (a) Deceit or abuse of confidence; and (b) Damage or
prejudice to the offended party. (People vs. Abana, 76 Phil. 1).
Art. 316. Other forms of swindling. The penalty of arresto mayor in its
minimum and medium period and a fine of not less than the value of the damage
caused and not more than three times such value, shall be imposed upon:
1. Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.

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5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by
him, when in fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or
civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner, encumber
the real property or properties with which he guaranteed the fulfillment of
such obligation.
How Committed:
1. Any person, who, pretending to be the owner of any legal property,
shall convey, sell, encumber or mortgage the same;
2. Any person who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded;
3. The owner of any personal property who shall wrongfully take it from its
lawfull possessor, to the prejudice of the latter or any third person;
4. Any person who, to the prejudice of another shall execute any fictitious
contract;
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by
him when in fact he did not actually perform such service or labor; and
6. Any person, who while being a surety in a bond given in an criminal or
civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation shall
sell, mortgage or in a manner encumber the real property with which he
guaranteed the fulfillment of such obligation.
Pretending to be the Owner of the Real Property:
Elements: (a) That the things be immovable property: if it were movable,
that fact may perhaps constitute the crime of theft or any other but not estafa; (b)
That he who is not the owner of said property should represent that he is; if he
should believe in truth that he is, the fact constitutes an error, an ignorance but
not a crime of estafa in which the element of deceit or fraud is inherent; and (c)
That the alleged owner should have executed an act of ownership to the
prejudice of the real owner, as for example, selling it, encumbering it or
mortgaging it. (3 Viada, penal Code, p. 552). And to these three elements
should be added a fourth element that the act, should be made to prejudice the

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owner or a third person or at least with the intention to cause it, because this is
the generic condition of all the crimes to defraud.
Disposing Real Property Knowing Same to be Encumbered (Par 2)
Elements: (a) That the thing disposed of be a real property; (b) That he
who disposes knows that the real property is encumbered, irrespective of
whether such encumbrance be recorded or not; and (c) That the act of disposing
of the real property to be made to the damage of another or with the intention of
causing such damage. (People vs. Buencamino, [CA] G.R. No. 122-R, Aug. 24,
1955; People vs. Pedrosa, [CA] 52 O.G. 5571).
Art. 317. Swindling a minor. Any person who taking advantage of the
inexperience or emotions or feelings of a minor, to his detriment, shall induce him
to assume any obligation or to give any release or execute a transfer of any
property right in consideration of some loan of money, credit or other personal
property, whether the loan clearly appears in the document or is shown in any
other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging
from 10 to 50 per cent of the value of the obligation contracted by the minor.
Elements: (a) Offender takes advantage of the inexperience or feelings or
emotions of a minor; and (b) That as a consequence of said acts of the offender
the minor was induced to assume an obligation or execute a release or transfer
of a property right in consideration of money, credit or other personal property,
Art. 318. Other deceits. The penalty of arresto mayor and a fine of not less
than the amount of the damage caused and not more than twice such amount
shall be imposed upon any person who shall defraud or damage another by any
other deceit not mentioned in the preceding articles of this chapter.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar
manner, shall suffer the penalty of arresto mayor or a fine not exceeding 200
pesos.
1. Acts Punished: (a) Defraudation of any person by meaning of other
deceits not covered in Art. 315, 316 and 317; and (b) Interpretations of dreams,
fortune telling, making of forecasts taking advantage of the credulity of the public
by similar means, for profit or gain.
2. Elements: (a) That there exists a defraudation, an effective prejudice;
and (b) That such was caused by deceit, that is by means of false pretense.

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Chapter Seven
CHATTEL MORTGAGE
Art. 319. Removal, sale or pledge of mortgaged property. The penalty or
arresto mayor or a fine amounting to twice the value of the property shall be
imposed upon:
1. Any person who shall knowingly remove any personal property
mortgaged under the Chattel Mortgage Law to any province or city other
than the one in which it was located at the time of the execution of the
mortgage, without the written consent of the mortgagee, or his executors,
administrators or assigns.
2. Any mortgagor who shall sell or pledge personal property already
pledged, or any part thereof, under the terms of the Chattel Mortgage Law,
without the consent of the mortgagee written on the back of the mortgage
and noted on the record hereof in the office of the Register of Deeds of the
province where such property is located.
1. Elements of First Par. (a) The personal property is mortgage under the
Chattel Mortagage law; (b) Offender knows that the property is mortgaged; (c) He
knowingly removes said property to any province or city other than the one in
which it is located at the time of the mortgage; (d) The removal is done without
the written consent of the mortgagee or his executors, administrators or assigns;
and (e) The removal must be coupled with an intent to defraud or the rmoval is
not justified.
2. Elements of Second Par.: (a) The personal property is already pledged
under the Chattel Mortgage Law; (b) Mortgagor of said property sells or pledges
the same or any part thereof; and (c) The subsequent pledge or sale of said
property is done without the consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the office of the Register of Deeds.

Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
Art. 320. Destructive arson. The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance, storehouse, archives or general museum of the
Government.
2. Any passenger train or motor vehicle in motion or vessel out of port.

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3. In an inhabited place, any storehouse or factory of inflammable or

explosive materials.
Penalty is reclusion temporal in its maximum period to reclucion perpetua.
Liability is determined: Kind and character or building; its location; extent
of damage and whether inhabited or not.
Art. 321. Other forms of arson. When the arson consists in the burning of
other property and under the circumstances given hereunder, the offender shall
be punishable:
1. By reclusion temporal or reclusion perpetua:
(a) if the offender shall set fire to any building, farmhouse,
warehouse, hut, shelter, or vessel in port, knowing it to be occupied
at the time by one or more persons;
(b) If the building burned is a public building and value of the
damage caused exceeds 6,000 pesos;
(c) If the building burned is a public building and the purpose is to
destroy evidence kept therein to be used in instituting prosecution
for the punishment of violators of the law, irrespective of the amount
of the damage;
(d) If the building burned is a public building and the purpose is to
destroy evidence kept therein to be used in legislative, judicial or
administrative proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence destroyed is to be
used against the defendant for the prosecution of any crime
punishable under existing laws, the penalty shall be reclusion
perpetua;
(e) If the arson shall have been committed with the intention of
collecting under an insurance policy against loss or damage by fire.
2. By reclusion temporal:
(a) If an inhabited house or any other building in which people are
accustomed to meet is set on fire, and the culprit did not know that
such house or building was occupied at the time, or if he shall set
fire to a moving freight train or motor vehicle, and the value of the
damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph (b) of the
preceding subdivision does not exceed 6,000 pesos;

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(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or
any similar plantation is set on fire and the damage caused
exceeds 6,000 pesos; and
(d) If grain fields, pasture lands, or forests, or plantings are set on
fire, and the damage caused exceeds 6,000 pesos.
3. By prision mayor:
(a) If the value of the damage caused in the case mentioned in
paragraphs (a), (c), and (d) in the next preceding subdivision does
not exceed 6,000 pesos;
(b) If a building not used as a dwelling or place of assembly, located
in a populated place, is set on fire, and the damage caused
exceeds 6,000 pesos;
4. By prision correccional in its maximum period to prision mayor in its
medium period:
(a) If a building used as dwelling located in an uninhabited place is
set on fire and the damage caused exceeds 1,000 pesos;
(b) If the value or the damage caused in the case mentioned in
paragraphs (c) and (d) of subdivision 2 of this article does not
exceed 200 pesos.
5. By prision correccional in its medium period to prision mayor in its
minimum period, when the damage caused is over 200 pesos but does
not exceed 1,000 pesos, and the property referred to in paragraph (a) of
the preceding subdivision is set on fire; but when the value of such
property does not exceed 200 pesos, the penalty next lower in degree
than that prescribed in this subdivision shall be imposed.
6. The penalty of prision correccional in its medium and maximum periods,
if the damage caused in the case mentioned in paragraph (b) of
subdivision 3 of this article does not exceed 6,000 pesos but is over 200
pesos.
7. The penalty of prision correccional in its minimum and medium periods,
if the damage caused in the case mentioned paragraph (b) subdivision 3
of this article does not exceed 200 pesos.
8. The penalty of arresto mayor and a fine ranging from fifty to one
hundred per centum if the damage caused shall be imposed, when the
property burned consists of grain fields, pasture lands, forests, or

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plantations when the value of such property does not exceed 200 pesos.
(As amended by R.A. 5467, approved May 12, 1969).
1. Punished by reclusion temporal to reclusion perpetua:
a.
b.
c.
d.

e.

Setting fire to any building, farmhouse, warehouse, hut, shelter, or

vessel in port, knowing it to be occupied at the time by one or
more persons.
Building burned is a public building and value of damage exceeds
P6000.00
Building burned is a public building and purpose is to destroy
evidence kept therein to be used in instituting prosecution for
punishment of violators of law, irrespective of amount of damage;
Building burned is a public building and purpose is to destroy
evidence kept therein to be used in legislative, judicial or
administrative proceeding, irrespective of value of damage; if
evidence is to be used against defendant for the prosecution of
any crime punishable under existing law, the penalty is reclusion
perpetua.
Arson committed with intention to collect an insurance policy
against loss or damage by fire.

2. Punished by reclusion temporal:

a. Burning (1) inhabited house or (2) any other building in which
people are accustomed to meet and offender did not know such
building was occupied at the time (3) moving freight train or
motor vehicle and value of damage exceeds P6,000.00.
b. Burning a public building and value of damage does not
exceeds P6,000.00.
c. Burning of a farm, sugar mill, cane mill, mill central, bamboo
grooves, or any similar plantation and damage caused exceeds
P6,000.00
d. Burning of grain fields, pasture lands, forest or plantings and
damage cause exceeds P6,000.00
3. Punished by prision mayor:
a.
b.

if value of damage in paragraph (a), (c) and (d) in next

preceding paragraph does not exceed P6,000.00.
burning of a building not used as a dwelling or place of
assembly, located in a populated place and damage caused
exceeds P6,000.00.

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4. Punished by prision correcccional in the maximum period to prision

mayor in its medium period:
a. Burning of a building used as dwelling in an uninhabited place and
damage caused exceeds P1,000; if the damage is over P200 but does
not exceed P1,000 penalty is prision correccional medium period to
prision mayor minimum period and if the value does not exceed P200
the penalty is next degree lower. (Subdivision 5, Art, 321).
b. If value of damage in paragraphs and (d) of subdivision 2 of this
article does not exceed P200.
Art. 322. Cases of arson not included in the preceding articles. Cases of arson
not included in the next preceding articles shall be punished:
1. By arresto mayor in its medium and maximum periods, when the
damage caused does not exceed 50 pesos;
2. By arresto mayor in its maximum period to prision correccional in its
minimum period, when the damage caused is over 50 pesos but does not
exceed 200 pesos;
3. By prision correccional in its minimum and medium periods, if the
damage caused is over 200 pesos but does not exceed 1,000 pesos; and
4. By prision correccional in its medium and maximum periods, if it is over
1,000 pesos.
1. The extent of the damage determines the penalty.
2. The malicious burning of a banca, which is the property of
another, constitutes the offense of arson. (U.S. vs.
Miranda, 2 Phil. 606.)
Art. 323. Arson of property of small value. The arson of any uninhabited hut,
storehouse, barn, shed, or any other property the value of which does not exceed
25 pesos, committed at a time or under circumstances which clearly exclude all
danger of the fire spreading, shall not be punished by the penalties respectively
prescribed in this chapter, but in accordance with the damage caused and under
the provisions of the following chapter.
Elements: (a) Burning of any uninhabited hut, store house, barn, shed, or
any other property; (b) Under circumstances clearly excluding all danger of the
fire spreading; and (c) value of the property does not exceed P25.00.
Art. 324. Crimes involving destruction. Any person who shall cause destruction
by means of explosion, discharge of electric current, inundation, sinking or

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stranding of a vessel, intentional damaging of the engine of said vessel, taking up

the rails from a railway track, maliciously changing railway signals for the safety
of moving trains, destroying telegraph wires and telegraph posts, or those of any
other system, and, in general, by using any other agency or means of destruction
as effective as those above enumerated, shall be punished by reclusion temporal
if the commission has endangered the safety of any person, otherwise, the
penalty of prision mayor shall be imposed.
Elements: (a) Offender causes destruction; and (b) By any of the following
means: (1) explosion, (2) discharge of electric current, (3) inundation, (4) sinking
or stranding of vessel, (5) intentional damaging of the engine of said vessel, (6)
removing rails from railway tracks, (7) maliciously changing railway signal for the
safety of moving trains, (8) destroying telegraph wires and telegraph posts or any
communication as effective as above.
Art. 325. Burning one's own property as means to commit arson. Any person
guilty of arson or causing great destruction of the property belonging to another
shall suffer the penalties prescribed in this chapter, even though he shall have
set fire to or destroyed his own property for the purposes of committing the crime.
1. This article punishes the burning of ones own property for the purpose
of committing arson or great destruction of anothers property.
2. The fact that defendant Budiao ordered his plantation set on fire and
while it was burning, the adjoining plantation caught fire from it and was also
burned, there being no proof that is giving that order he had any malicious
intention of setting the latter plantation on fire, does not warrant a charge against
him for the crime of arson. (U.S. vs. Budiao, 4 Phil. 502).
Art. 326. Setting fire to property exclusively owned by the offender. If the
property burned shall be the exclusive property of the offender, he shall be
punished by arresto mayor in its maximum period to prision correccional in its
minimum period, if the arson shall have been committed for the purpose of
defrauding or causing damage to another, or prejudice shall actually have been
caused, or if the thing burned shall have been a building in an inhabited place.
The act is punished if the purpose of the offender is: (a) To defraud or
cause damage to another or (b) Damage is actually caused upon anothers
property even if such purpose is absent or (c) Thing burned is a building in an
inhabited place.
Art. 326-A. In cases where death resulted as a consequence of arson. If death
resulted as a consequence of arson committed on any of the properties and
under any of the circumstances mentioned in the preceding articles, the court
shall impose the death penalty.

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1. Art. 326-A, by virtue of Rep. Act No. 5467 provides for the death penalty
if death resulted as a consequence of the arson committed on any properties and
under any of the circumstances mentioned in the articles preceding Art. 326-A.
(Amended by Sec. 11, RA 7659).
2. If the results, the crime committed is arson although the penalty is now
death. It cannot be a special complex crime of arson with homicide. This view is
supported by the decision of the Supreme Court in People vs. Paterno, 85 Phil.
722, where it was held that arson is committed for setting fire to a house with the
resulting death of a child who was one of the occupants. The reason is because
arson xxx is itself the end and death is a mere consequences.
However, Art. 326-A, cannot apply to arson through reckless imprudence if
death results because in this case, Art. 365 will apply. What is punished is the
reckless imprudence which results in the arson and homicide had the act been
intentional. The example is People vs. Pacson, 46 O.G. 2165, where the
accused was convicted of the complex crime of arson with homicide, serious
physicsal injuries and damage to property through reckless imprudence.
Art. 326-B. Prima facie evidence of arson. Any of the following circumstances
shall constitute prima facie evidence of arson:
1. If after the fire, are found materials or substances soaked in gasoline,
kerosene, petroleum, or other inflammables, or any mechanical, electrical
chemical or traces or any of the foregoing.
2. That substantial amount of inflammable substance or materials were
stored within the building not necessary in the course of the defendant's
business; and
3. That the fire started simultaneously in more than one part of the building
or locale under circumstances that cannot normally be due to accidental or
unintentional causes: Provided, however, That at least one of the following
is present in any of the three above-mentioned circumstances:
(a) That the total insurance carried on the building and/or goods is
more than 80 per cent of the value of such building and/or goods at
the time of the fire;
(b) That the defendant after the fire has presented a fraudulent
claim for loss.
The penalty of prision correccional shall be imposed on one who plants the
articles above-mentioned, in order to secure a conviction, or as a means of

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extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).
1. If after the fire, are found materials or substances soaked in gasoline,
kerosene, petroleum or another inflammables, or any mechanical, electrical,
chemical or electronic contrivances designed to start a fire or ashes or traces of
the foregoing;
2. The substantial amount of inflammable substances or materials were
stored within the building not necessary in the course of defendants business;
3. That the fire started simultaneously in more than one part of the building
or locate under circumstances that cannot normally be due to accidental or
unintentional causes; provided, however, that at least one of the following is
present in any of the three above-mentioned circumstances:
a. That the total insurance carried on the building and/or goods is more
than 80% of the value of such building and/or goods at the time of the fire.
b. That the defendant after the fire has presented a fraudulent claim for
loss.

Chapter Nine
MALICIOUS MISCHIEF
Art. 327. Who are liable for malicious mischief. Any person who shall
deliberately cause the property of another any damage not falling within the
terms of the next preceding chapter shall be guilty of malicious mischief.
Elements: (a) The offender has caused damage to the property of another;
(b) That such damage was caused deliberately, i.e., maliciously; (c) That the
damage caused does not fall within the provisions penalizing arson and crimes
involving destruction. (People vs. Ramos, CA-G.R. 15330-R, Aug. 16, 1956).
The act of damaging anothers property is committed merely for the sake of
damaging it. (People vs. Bautista, [Unrep.] CAR People vs. Orpiano, [CA] 74
O.G. 11267).
The crime using injury to property is not determined solely by the mere act
of inflicting injury upon the property of a third person, but it must be shown that
the act had for its object the injury of the property for the sake merely of
damaging it; without this circumstance the essential element of the crime is
lacking and the criminal intention of the culprit cannot be established. Such is
the doctrine laid down by the decision cannot be established. Such is the
doctrine laid down by the decision of the Supreme Court of Spain dated February

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23, 1884. )(U.S. vs. Gerale, 4 Phil. 218; People vs. Tayucom, [CA] 55 O.G.
4884).
Art. 328. Special cases of malicious mischief. Any person who shall cause
damage to obstruct the performance of public functions, or using any poisonous
or corrosive substance; or spreading any infection or contagion among cattle; or
who cause damage to the property of the National Museum or National Library,
or to any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:
1. By prision correccional in its minimum and medium periods, if the value
of the damage caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned
amount but it is over 200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.
1. Causing damage to obstruct the performance of public functions.
2. Using any poisonous or corrosive substance.
3. Spreading any infection or contagion among cattle.
4. Causing damage to any archive or registry, waterworks, roads,
promenade or to any other things used in common by the public. The
penalty depends upon the value of the damage.

Art. 329. Other mischiefs. The mischiefs not included in the next preceding
article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of
the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is
over 200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage
caused and not more than 200 pesos, if the amount involved does not
exceed 200 pesos or cannot be estimated.
Any other mischief not covered by Art. 328 is punished under this Article.
The penalty depends upon the value of the damage caused.

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Art. 330. Damage and obstruction to means of communication. The penalty of

prision correccional in its medium and maximum periods shall be imposed upon
any person who shall damage any railway, telegraph or telephone lines.
If the damage shall result in any derailment of cars, collision or other accident,
the penalty of prision mayor shall be imposed, without prejudice to the criminal
liability of the offender for the other consequences of his criminal act.
For the purpose of the provisions of the article, the electric wires, traction cables,
signal system and other things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
1. Acts Punished: Damaging any railway, telegraph or telephone lines.
2. Penalty is increased if the damage results in any derailment of cars,
collision or other accident, without prejudice to the criminal liability of the offender
for the other consequences of his criminal act.
3. In applying this article, electric wires, traction cables signal system, and
other things pertaining to railways are deemed integral part of a railway system.
Art. 331. Destroying or damaging statues, public monuments or paintings. Any
person who shall destroy or damage statues or any other useful or ornamental
public monument shall suffer the penalty of arresto mayor in its medium period to
prision correccional in its minimum period.
Any person who shall destroy or damage any useful or ornamental painting of a
public nature shall suffer the penalty of arresto menor or a fine not exceeding 200
pesos, or both such fine and imprisonment, in the discretion of the court.
Acts Punished: (a) Destroying or damaging statues or any useful or
ornamental public monument; and (b) Destroying or damaging any useful or
ornamental painting of a public nature.

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
Art. 332. Persons exempt from criminal liability. No criminal, but only civil
liability, shall result from the commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by the following persons:

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1. Spouses, ascendants and descendants, or relatives by affinity in the

same line.
2. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession
of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
1. Crimes Included: (a) Theft; (b) Estafa or swindling; and (c) Malicious
mischief.
2. Persons Mentioned: (a) Spouses, ascendants and descendants, or
relatives by affinity in the same line; (b) The widowed spouse with respect to the
property which belonged to the deceased spouse before the same shall have
passed into the possession of another; and (c) Brothers and sisters and brothersin-law and sister-in-law, if living together.
Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE
Art. 333. Who are guilty of adultery. Adultery is committed by any married
woman who shall have sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void.
Adultery shall be punished by prision correccional in its medium and maximum
periods.
If the person guilty of adultery committed this offense while being abandoned
without justification by the offended spouse, the penalty next lower in degree
than that provided in the next preceding paragraph shall be imposed.
1. To convict a woman of adultery, the elements to prove are: (a) That she
is a married woman; (b) That she unites is sexual intercourse with a man not her
husband; and (c) The act of intercourse is voluntary.

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2. The violence of the marriage vow seems to be the fundamental ground

for the punishment of adultery and not the possibility of introducing an offspring
into the family because even married woman who due to her age, can no longer
conceive, is liable for adultery. A single intercourse consummates the crime of
adultery.
Art. 334. Concubinage. Any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its minimum and medium
periods.
The concubine shall suffer the penalty of destierro.
1. Ways of committing concubinage. Not every sexual relation of a
married man out of lawful wedlock falls within the penal sanction of the law.
Under Art. 334 of the Revised Penal Code, there are only three ways of
committing concubinage, to wit (a) By keeping a mistress in the conjugal
dwelling; (b) By having sexual intercourse under the scandalous circumstances
with a woman, who is not his wife; and (c) By cohabit with her in any other place.

Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS
Art. 335. When and how rape is committed. Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of
the circumstances mentioned in the two next preceding paragraphs shall
be present.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by
two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane,
the penalty shall be death.
When rape is attempted or frustrated and a homicide is committed by reason or
on the occasion thereof, the penalty shall be likewise death.

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When by reason or on the occasion of the rape, a homicide is committed, the

penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and
R.A. 4111, approved June 20, 1964).
Elements: (a) Offender had carnal knowledge of a woman: (b) Such act
was committed under any of the following circumstances; (1) By using force or
intimidation; or (2) When the woman is deprived of reason or otherwise
unconscious; or (3) When the woman is under 12 years of age or is demented.
The penalty is reclusion perpetua to death.
Whenever the crime is committed, with the use of a deadly weapon or by
two more persons, the penalty imposed is reclusion perpetua to death.
When by reason or on the occasion of the rape, a homicide is committed,
the penalty is death. If the rape is frustrated or attempted and homicide is
committed by reason or on the occasion thereof or if the victim becomes insane,
the penalty is also death. (As amended by Rep. Act. 2632 and 4111).

Art. 336. Acts of lasciviousness. Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision correccional.
Elements: (a) Offender commits any act of lasciviousness or lewdness; (b)
Under any of the following circumstances: (1) Using force or intimidation; (2)
Offended party is deprived of reason or otherwise unconscious; or (3) Offended
party is under 12 years of age.
Chapter Three
SEDUCTION, CORRUPTION OF MINORS
AND WHITE SLAVE TRADE
Art. 337. Qualified seduction. The seduction of a virgin over twelve years and
under eighteen years of age, committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any person who, in any capacity,
shall be entrusted with the education or custody of the woman seduced, shall be
punished by prision correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall
seduce his sister or descendant, whether or not she be a virgin or over eighteen
years of age.

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Under the provisions of this Chapter, seduction is committed when the offender
has carnal knowledge of any of the persons and under the circumstances
described herein.
Elements: (a) That the offended party was a virgin at the time of the
commission of the offense; (b) That she was over 12 but under years of 18 years
of age; (c) That the offender had carnal knowledge of her, and (d) That the
offender is one of those persons enumerated in the first paragraph of Art. 337.
CLASSES OF QUALIFIED SEDUCTION: (a) Seduction of a virgin over 12
and under 18 years old by a certain person specially related to her, such as a
person in public authority, a priest, house-servant, domestic, guardian, teacher,
or any person entrusted with the custody or education of the woman; (b)
Seduction of a sister or descendant, regardless of her age or reputation, by her
brother or ascendant.
Art. 338. Simple seduction. The seduction of a woman who is single or a
widow of good reputation, over twelve but under eighteen years of age,
committed by means of deceit, shall be punished by arresto mayor.
Elements: (a) Offended woman must be signle or a widow; (b) She must
be a good reputation; (c) She is over 12 and under18 years of age; (d) Offender
has carnal knowledge of her; and (e) The act was committed by means of deceit.
Art. 339. Acts of lasciviousness with the consent of the offended party. The
penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances as
those provided in Articles 337 and 338.
1. The offended party is a woman above 12 and under 18 years.
2. The acts of lasciviousness are committed under the circumstances and
by the same persons as those provided in Arts. 337 and 338.
3. The Supreme Court of Spanish in a sentence of March 15, 1898
(Hidalgo, Vol. 1, p. 107) held that a person who has executed acts of
lasciviousness upon a young girl on three occasions: once in the house, another
in the morning and the last act in the afternoon of the next must be penalized as
guilty of three crimes of acts of lasciviousness because each of the said acts has
been committed independently from the others. (Cited in People vs. Villa, et al.,
81 Phil. 193).
4. In a prosecution for acts of lasciviousness under Art. 339 in relation to
Art. 338, deceit mentioned in Art. 338 unfulfilled promise of marriage. Crime is
not committed since complainant knew accused was married. (People vs.
Lapurga, 74 O.G. 2137 [1978].

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5. Distinguished from Art. 336. Both Articles 336 and 339 treat of acts of
lasciviousness. Under Art. 336, the acts are committed under circumstances
attendant in rape. The act is committed against the will of the offended party.
Under this article, the acts of lasciviousness are committed under circumstances
which, had there been carnal knowledge, would constitute either qualified
seduction (Art. 337), or simple seduction (Art. 338). The consent is obtained
either because of deceit or abuse of authority. Under Art. 336, the offended party
is a female or male; under Article 339, only a female.
Art. 340. Corruption of minors. Any person who shall promote or facilitate the
prostitution or corruption of persons underage to satisfy the lust of another, shall
be punished by prision mayor, and if the culprit is a pubic officer or employee,
including those in government-owned or controlled corporations, he shall also
suffer the penalty of temporary absolute disqualification. (As amended by Batas
Pambansa Blg. 92).
1. How committed: (a) Habitually promoting or facilitating the prostitution
or corruption of minors of either sex; (b) Promoting and facilitating the prostitution
or corruption of a minor, the offender availing himself of his authority over the
minor, or acts with abuse of confidence.
2. In the first mode, the act must be committed habitually. Habitually is
the promotion or repetition of the act of promoting or facilitating prostitution or
corruption of the minor. (U.S. vs. Javier, 20 Phil. 337, 339). The promotion of
prostitution is sufficient proof of habitually. (People vs. Sabaybay, 19607-CR,
July 1, 1977, [CA] 75 O.G. 507).
In the second mode, it must be shown that the offender availed himself of
his authority over the minor or acted with abuse of confidence; habitually is not
necessary.
The above no longer applies because of Batas Blg. 92 which deleted
habitually or abuse of authority as an element of the felony. Penalty is increased
to prision mayor. (Approved Dec. 24, 1980).

Art. 341. White slave trade. The penalty of prision mayor in its medium and
maximum period shall be imposed upon any person who, in any manner, or
under any pretext, shall engage in the business or shall profit by prostitution or
shall enlist the services of any other for the purpose of prostitution (As amended
by Batas Pambansa Blg. 186.)
1. How Committed: (a) By engaging in the business of prostitution; (b) By
profiting by prostitution; or (c) By enlisting the services of women for the purpose
of prostituion.

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Chapter Four
ABDUCTION
Art. 342. Forcible abduction. The abduction of any woman against her will and
with lewd designs shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if the female abducted be
under twelve years of age.
Elements: (a) The person who is kidnapped must be a woman. It is
immaterial whether she be a widow, a married woman, or virgin, for all theses
classes are comprised within the generic term woman; (b) The crime must be
committed against her will; )c) It must be committed with unchaste designs, that
is, with the intention of lying with the woman.
Art. 343. Consented abduction. The abduction of a virgin over twelve years
and under eighteen years of age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision correccional in its minimum
and medium periods.
Elements: (a) That the offended party be a virgin; (b) That she be over 12
but under 18 years of age; (c) That she was abducted with her consent; and (d)
That the abduction was committed with lewd designs.
Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Art. 344. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness. The crimes of adultery and
concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse.
The offended party cannot institute criminal prosecution without including both
the guilty parties, if they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage
of the offender with the offended party shall extinguish the criminal action or remit
the penalty already imposed upon him. The provisions of this paragraph shall

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also be applicable to the co-principals, accomplices and accessories after the

fact of the above-mentioned crimes.
1. Adultery and concubinage. (a) Upon compliantly by offended spouse;
(b) Both the guilty parties must be included if both are alive; and (c) Action cannot
be instituted if there is consent or pardon of both the offenders.
The crime of adultery and concubinage shall not be prosecuted except
upon a complaint filed by the offended spouse.
The offended party cannot instituted criminal prosecution without including
both parties, if they are alive, nor in any case, if he shall have consented or
pardoned the offenders. (Arroyo vs. CA GR 96602; Vera-Neri vs. CA GR vs.
People GR 96715 Nov. 19, 1991.)
2. Seduction, abduction, rape acts of lasciviousness. (a) Upon complaint
filed by the offended party, her parents, grandparents, or guardian; and (b) Action
cannot be instituted if offender has been expressly pardoned by the above
named persons, as the case may be.
3. Defamatory utterances imputing upon the offended party the crime of
prostitution can be prosecuted de officio. (People vs. Din Chu, L-27830, May 29,
1970, 33 SCRA 199). Imputation of illicit relationship between a man and a
woman connotes carnal intercourse with each other and so the criminal action
cannot be prosecuted de oficio. (Fernandez vs. Lantin, 74 SCRA 338 [1976]).
4. Marriage extinguishes: (a) criminal action, or (b) remits the penalty.
This benefit extends to the co-principals, accomplices and accessories after the
fact.
Art. 345. Civil liability of persons guilty of crimes against chastity. Person guilty
of rape, seduction or abduction, shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should prevent him from
so doing.
3. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334
may also be sentenced, in the same proceeding or in a separate civil proceeding,
to indemnify for damages caused to the offended spouse.
a. To indemnify the offended woman;

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b. To acknowledge the offspring, unless the law should prevent him from
so doing; and
c. In every case, to support the offspring.
The aduterer and the concubine may also be sentenced in the same
proceeding or in a separate civil proceeding, to indemnify for damages caused to
the offended spouse. But in concubinage, the imposition of civil liability for
indemnity is against the concubine only. (People vs. Ramirez, CA-G.R. No
05171-CR, May 21, 1966).
Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted
with the custody of the offended party. The ascendants, guardians, curators,
teachers and any person who, by abuse of authority or confidential relationships,
shall cooperate as accomplices in the perpetration of the crimes embraced in
chapters, second, third and fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity entrusted with the education and
guidance of youth, shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual special disqualification.
Any person falling within the terms of this article, and any other person guilty of
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian.
The above article places ascendants, guardians, curators, teachers, and
any other person who, with abuse of authority or confidential leadership,
cooperates as accomplices in the crime of rape, seduction, abduction, acts of
lasciviousness, corruption of minors, and white slave trade, on the level with the
principals of said crimes. This is the second instance, where accomplices are
punished under the Code as principals, the other being under Art. 268, 2 nd
paragraph. Where the same penalty imposed upon the principal is also imposed
upon any person who shall furnish the place for the perpetration of the crime of
slight illegal detention.
Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
Art. 347. Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child. The simulation of births
and the substitution of one child for another shall be punished by prision mayor
and a fine of not exceeding 1,000 pesos.

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The same penalties shall be imposed upon any person who shall conceal or
abandon any legitimate child with intent to cause such child to lose its civil status.
Any physician or surgeon or public officer who, in violation of the duties of his
profession or office, shall cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall suffer the penalties
therein prescribed and also the penalty of temporary special disqualification.
1. The physician or surgeon, or public officer who, in violation of the
duties of his profession or office, cooperates in the execution of any of the above
crimes are punished aside from the prescribed penalty, with the penalty of
temporary special disqualification.
2. It has been held that to turn over ones newly born child to a Chinaman
with the promise not to reclaim it, taking from the Chinaman some money by way
of loan or otherwise did not make one liable under Art. 347 which penalizes, not
the unlawful sale of a child by its father but the abandonment of a child with the
intention of making it lose its civil status. (U.S. vs, Capillo, 30 Phil. 349). Par .3
of Art. 59 of Pres. Decree 603 punishes the parent or guardian who sells or
abandons the child to another for valuable consideration.
3. The simulation of births which is punished by the above articles is that
which alters the civil status of a person. This happens, for instance, when a
woman who has not given birth on a certain occasion claims a child which was
born of another woman. The Penal Codes of other countries call this crime with
more propriety, simulation of child. The child, whose birth the offended
simulates, loses its civil status in the family of the woman who has really given it
birth, and acquires, through such simulation, another status to which the child
has no right in the family where he enters. Although the status acquired by the
child through simulation of its birth may, in the majority of cases be better than its
legal status, the law, more than the simulation of the civil status, punishes the
offense for it creates a false status to the detriment of the members of the family
into which the child is deceitfully introduced. It should be noted that in a case of
simulation of birth, the woman who simulates birth and the one who furnishes the
child are both responsible as principals. (Dec., Supreme Court of Spain, March
20 1880).
4. The elements of simulation of birth are: 1) the child is baptized or
registered in the Registry of Births as hers; 2) the child loses its real status and
acquires a new one; 3) the actors purpose was to cause the loss of any trace as
to the childs true filiation. By merely presenting s child as having been born to
the accused from feigned pregnancy or pretended delivery, the crime is not
committed if the legal formalities of investing such child with a civil status other
than her own are not present. (People vs. Sangalang, et al., [CA] 74 O.G. 5977).

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Art. 348. Usurpation of civil status. The penalty of prision mayor shall be
imposed upon any person who shall usurp the civil status of another, should he
do so for the purpose of defrauding the offended part or his heirs; otherwise, the
penalty of prision correccional in its medium and maximum periods shall be
imposed.
1. This is committed by a person who represents himself as another and
assumes the filiation or rights pertaining to such person.
2. There must be criminal intent to enjoy the civil rights of another by the
offender knowing he is not entitled thereto.
3. If there is an intent to defraud, the penalty is higher. Estafa however, is
not committed.
Chapter Two
ILLEGAL MARRIAGES
Art. 349. Bigamy. The penalty of prision mayor shall be imposed upon any
person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the proper
proceedings.
Elements: (a) Offender has been married; (b) He contracts a second or
subsequent marriage; (c) Without the first marriage having been legally dissolved
or in case his or her spouse is absent, the absent spouse could not yet be
presumed dead under the Civil Code; and (d) The second or subsequent
marriage has all the essential requisites fro validity. (People vs. Bellamas, CA73
O.G. 10872; People vs. Jacob, CA 74 O.G. 8314).
Art. 350. Marriage contracted against provisions of laws. The penalty of
prision correccional in its medium and maximum periods shall be imposed upon
any person who, without being included in the provisions of the next proceeding
article, shall have not been complied with or that the marriage is in disregard of a
legal impediment.
If either of the contracting parties shall obtain the consent of the other by means
of violence, intimidation or fraud, he shall be punished by the maximum period of
the penalty provided in the next preceding paragraph.
1. The marriage does not constitute bigamy
2. The marriage is contracted knowing that the requirements of the law
have not been complied with or in disregard of legal impediments.

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3. Penalty is increased if consent of the other was obtained by means of

violence, intimidation, or fraud.
4. This felony has the following requisites:
a. The offender contracted a marriage.
b. He knew at the time that (1) the requirements of the law have not been
complied with or (2) the marriage was in disregard of a legal
impediment. (Asuncion vs. Papa, [CA] G.R. No. 29299-R, Aug. 29,
1961).
5. If the second marriage is void because the accused knowingly
contracted it without complying with legal requirements as the marriage
license, although he was previously married, bigamy is not committed but
the crime punished in Art. 350. (People vs. Peralta, CA-G.R. No. 13130R, June 30, 1955).
Art. 351. Premature marriages. Any widow who shall marry within three
hundred and one day from the date of the death of her husband, or before having
delivered if she shall have been pregnant at the time of his death, shall be
punished by arresto mayor and a fine not exceeding 500 pesos.
The same penalties shall be imposed upon any woman whose marriage shall
have been annulled or dissolved, if she shall marry before her delivery or before
the expiration of the period of three hundred and one day after the legal
separation.
1. Acts Punished: (a) A widow who married within 301 days from the date
of her husbands death or before he delivery, if she was pregnant at the time of
his death; and (b) A woman, whose marriage having been dissolved or annulled,
married before her delivery or within 301 days after the legal separation.
Art. 352. Performance of illegal marriage ceremony. Priests or ministers of any
religious denomination or sect, or civil authorities who shall perform or authorize
any illegal marriage ceremony shall be punished in accordance with the
provisions of the Marriage Law.
1. Acts Punished: Performance of any illegal marriage ceremony by a
priest or minister of any religious denomination or sect or by civil authorities.
Title Thirteen
CRIMES AGAINST HONOR
Chapter One
LIBEL

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Section One. Definitions, forms, and punishment of this crime.

Art. 353. Definition of libel. A libel is public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is dead.
Elements: (a) An imputation of a crime, or of a vice or defect, real or
imaginary or an imputation of any act, omission, condition, status, or
circumstances tending to cause the dishonor, discredit or contempt of a natural
or juridical person, or to blacken the memory of one who is dead; (b) Malice,
either in law or in fact; (c) Publication of the imputation; and (d) Person defamed
in identifiable.
Art. 354. Requirement for publicity. Every defamatory imputation is presumed
to be malicious, even if it be true, if no good intention and justifiable motive for
making it is shown, except in the following cases:
1. A private communication made by any person to another in the
performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings which are
not of confidential nature, or of any statement, report or speech delivered
in said proceedings, or of any other act performed by public officers in the
exercise of their functions.
Kinds: (a) A private communication made by any person to another in the
performance of any level, moral or social duty; and (b) A fair and true
report, made in good faith, without any comments or remarks, of any
judicial, legislative, or other official proceedings which are not of
confidential nature, or any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers in the
exercise of their functions. (Santos vs. Court of Appeals GR 45031 Oct.
21, 1991.)
Art. 355. Libel means by writings or similar means. A libel committed by
means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium periods or a fine
ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may
be brought by the offended party.

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1. This article enumerates the means by which libel may be committed,

namely: writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical or cinematographic exhibitions or any similar means.
2. Defamation through amplifier system is slander not libel. Radio is
transmission of electromagnetic waves without conducting wires between
transmitter and receiver while, transmission of words by means of an amplifier
system is not through electro-magnetic waves and is with the use of conducting
wires between transmitter and receiver. The word radio with writing etc., have a
common characteristic, namely their permanent nature as a means of
publication. (People vs. Santiago, 5 SCRA 231).
3. If defamatory remarks are made in the heat of passion which
culminated in a threat, the derogatory statements will not constitute an
independent crime of libel but a part of the more serious crime of threats.
(People vs. Yebra, 60 O.G. 2652).
Art. 356. Threatening to publish and offer to present such publication for a
compensation. The penalty of arresto mayor or a fine from 200 to 2,000
pesos, or both, shall be imposed upon any person who threatens another to
publish a libel concerning him or the parents, spouse, child, or other members of
the family of the latter or upon anyone who shall offer to prevent the publication
of such libel for a compensation or money consideration.
1. Acts Punished: (a) Threatening to publish a libel; (b) Offering to prevent
the publication of such libel for a compensation. (People vs. Tenedoro, CA O.G.
4327).
Art. 357. Prohibited publication of acts referred to in the course of official
proceedings. The penalty of arresto mayor or a fine of from 20 to 2,000 pesos,
or both, shall be imposed upon any reporter, editor or manager or a newspaper,
daily or magazine, who shall publish facts connected with the private life of
another and offensive to the honor, virtue and reputation of said person, even
though said publication be made in connection with or under the pretext that it is
necessary in the narration of any judicial or administrative proceedings wherein
such facts have been mentioned.
Elements: (a) The offender is a reporter, editor or manager of a
newspaper, daily or magazine, (b) He published facts connected with the private
life of a person; and (c) Such facts are offensive to the honor, virtue and
reputation of such person.
Art. 358. Slander. Oral defamation shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period if it is of a serious
and insulting nature; otherwise the penalty shall be arresto menor or a fine not
exceeding 200 pesos.

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Kinds: (a) Grave insult or defamation, which is a defamation of a serious

and insulting nature penalized by arresto mayor in its maximum period to prision
correccional in its minimum period; and (b) Light insult or defamation which is a
defamation not serious in nature and penalized as light felony by arresto mayor
or a fine not exceeding P200.00
Art. 359. Slander by deed. The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period or a fine ranging from 200 to 1,000
pesos shall be imposed upon any person who shall perform any act not included
and punished in this title, which shall cast dishonor, discredit or contempt upon
another person. If said act is not of a serious nature, the penalty shall be arresto
menor or a fine not exceeding 200 pesos.
1. Kinds: (a) That which is of a serious nature; and (b) That which is not a
serious nature.
2. The first is punishable by arresto mayor in its maximum period to
prission correccional in its minimum period or a fine ranging from 200 to 1,000
pesos; while the second is penalized by arresto menor or a fine not exceeding
200 pesos.
Section Two. General provisions
Art. 360. Persons responsible. Any person who shall publish, exhibit, or cause
the publication or exhibition of any defamation in writing or by similar means,
shall be responsible for the same.
The author or editor of a book or pamphlet, or the editor or business manager of
a daily newspaper, magazine or serial publication, shall be responsible for the
defamations contained therein to the same extent as if he were the author
thereof.
The criminal and civil action for damages in cases of written defamations as
provided for in this chapter, shall be filed simultaneously or separately with the
court of first instance of the province or city where the libelous article is printed
and first published or where any of the offended parties actually resides at the
time of the commission of the offense: Provided, however, That where one of the
offended parties is a public officer whose office is in the City of Manila at the time
of the commission of the offense, the action shall be filed in the Court of First
Instance of the City of Manila, or of the city or province where the libelous article
is printed and first published, and in case such public officer does not hold office
in the City of Manila, the action shall be filed in the Court of First Instance of the
province or city where he held office at the time of the commission of the offense
or where the libelous article is printed and first published and in case one of the
offended parties is a private individual, the action shall be filed in the Court of
First Instance of the province or city where he actually resides at the time of the

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commission of the offense or where the libelous matter is printed and first
published: Provided, further, That the civil action shall be filed in the same court
where the criminal action is filed and vice versa: Provided, furthermore, That the
court where the criminal action or civil action for damages is first filed, shall
acquire jurisdiction to the exclusion of other courts: And, provided, finally, That
this amendment shall not apply to cases of written defamations, the civil and/or
criminal actions which have been filed in court at the time of the effectivity of this
law.
Preliminary investigation of criminal action for written defamations as provided for
in the chapter shall be conducted by the provincial or city fiscal of the province or
city, or by the municipal court of the city or capital of the province where such
action may be instituted in accordance with the provisions of this article.
No criminal action for defamation which consists in the imputation of a crime
which cannot be prosecuted de oficio shall be brought except at the instance of
and upon complaint expressly filed by the offended party. (As amended by R.A.
1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).
Persons Responsible: (a) One who publishes, exhibits, or causes the
publication or exhibition of the libelous matter; (b) The author; (c) The editor of a
book or pamphlet or of a newspaper; (d) Business manager of newspaper; and
(e) Owner of the printing press.
Art. 361. Proof of the truth. In every criminal prosecution for libel, the truth may
be given in evidence to the court and if it appears that the matter charged as
libelous is true, and, moreover, that it was published with good motives and for
justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not constituting a crime
shall not be admitted, unless the imputation shall have been made against
Government employees with respect to facts related to the discharge of their
official duties.
In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted.
1. Proof of truth is admissible in two cases: (a) When the act or omission
constitutes a crime and (b) when the imputation is made against government
employees with respect to facts related to the discharge of their official duties.
2. In addition to the proof of the truth, it must also be shown that the
imputation was published with good motives and for justifiable ends. (People vs.
Salumbides, et al., 56 O.G. 5769).

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3. The proof of the truth of the accusation cannot be made to rest upon
mere hearsay, rumor, or suspicion. It must rest upon positive, direct evidence,
upon which a definite finding may be made by the court. It must embrace all the
charges. (U.S. vs. Sotto, 38 Phil. 666).
4. Honest mistake would serve only to mitigate damages where the article
is libelous per se. It is not a complete defense. (Phee vs. La Vanguardia, 45
Phil. 211).
5. When a periodical gives currency, whether innocently or otherwise, to a
false and defamatory statement concerning any person, it is under both a legal
and moral duty to check the propagation of such statement as soon as
practicable by publishing a retraction; and , in order to have the desired effect,
the retraction should contain an admission of the incorrectness of the libelous
publication and evidence a desire to repair the wrong occasioned thereby. (Matti
vs. Bulletin Publishing Co., 37 Phil. 562).
Art. 362. Libelous remarks. Libelous remarks or comments connected with the
matter privileged under the provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or managing editor of a newspaper
from criminal liability.
1. Libelous remarks or comments on privileged communications, if made
with malice, are punishable under this article. This article is a limitation to the
defense of privileged communication under Art. 353.
2. Privileged communication (Art. 354) negatives malice in law, but malice
in fact may always be proved. Its proof will make the offender liable.
3. The mere fact that a communication is privileged does not place the
author beyond the compass of our libel law for the reason that by Article 362,
such communication if made with malice shall not exempt the author thereof
from criminal liability. (Guan vs. Judge Cloribel, [CA] 54 O.G. 8445).
Chapter Two
INCRIMINATORY MACHINATIONS
Art. 363. Incriminating innocent person. Any person who, by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto menor.
Elements: (a) Offender performs an act not constituting perjury; (b) Such
act directly incriminates or imputes to an innocent person the commission of a
crime; and (c) The act must be malicious.

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Art. 364. Intriguing against honor. The penalty of arresto menor or fine not
exceeding 200 pesos shall be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a person.
1.
Intriguing against honor is necessarily included in grave oral
defamation. The only element of grave oral defamation not found in intriguing
against honor is publication. (People vs. Alcosaba, [CA] G.R. No. 26486-R, April
30, 1964).
2. This article punishes any intrigue or gossiping made for the purpose
of blemishing the honor or reputation of a person.
3. It should be distinguished from slander by the means employed to
accomplish the purpose. In intriguing against honor, the offender does not
impute openly the acts or statements intended to degrade or ruin the reputation
of another. This criminal liability also makes the offender civilly liable under Art.
26 of the Civil Code.

Title Fourteen
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. Any person who, by reckless
imprudence, shall commit any act which, had it been intentional, would constitute
a grave felony, shall suffer the penalty of arresto mayor in its maximum period to
prision correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto menor
in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which
would otherwise constitute a grave felony, shall suffer the penalty of arresto
mayor in its medium and maximum periods; if it would have constituted a less
serious felony, the penalty of arresto mayor in its minimum period shall be
imposed.
When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine

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ranging from an amount equal to the value of said damages to three times such
value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than
those provided in the first two paragraphs of this article, in which case the
court shall impose the penalty next lower in degree than that which should
be imposed in the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the
Automobile Law, to death of a person shall be caused, in which case the
defendant shall be punished by prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or falling to
do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing of failing to perform such act,
taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases in
which the damage impending to be caused is not immediate nor the danger
clearly manifest.
The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties
such help as may be in this hand to give. (As amended by R.A. 1790, approved
June 21, 1957).
1. In crimes committed by culpa, the act is voluntary but the criminal
result is not willed. It is essential, however, that the act performed be lawful;
otherwise, any result intended will be punished according to the provision of Art.
4, par. 1. (People vs. Rabas 67 Phil. 255). The exception is the violation of the
automobile law or a special law. To constitute negligence, the acts that were not
foreseen by the offender were foreseably by an ordinary prudulent person in the
same situation.

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2. Reckless imprudence consists in voluntarily, but without malice, doing

or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or failing to
perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition, and other circumstances regarding
persons, time and place. Ex. A land owner surprised surprised a youngster in the
act of stealing some fruits in his orchard. To scare the intruder, he fired a
shotgun by aiming at the foliage of a cherry tree. The host scattered and a pellet
injured the boy who was standing under the tree. That was reckless negligence,
the Spanish Court decided. (Sentencia, Junio 20, 1900, Viada, 5 th Ed., Vol. 7, p.
14, cited in People vs. Nocum, 77 Phil. 1018).
3. Simple imprudence consists in the lack of precaution displaced in those
cases in which the damage impeding to be caused is not immediate nor the
danger clearly manifest.
4. Reckless and simple imprudence distinguished. The distinction
between reckless imprudence and simple imprudence is not clearly indicated in
the books, but the weight of authority is found to support the proposition that
where immediate personal harm, preventable in the exercise of reasonable care,
is threatened to a human being by reason of a course of conduct which is being
pursued by another, and the danger is visible and consciously appreciated by the
actor, the failure to use reasonable care to prevent the threatened injury
constitutes reckless negligence. On the other hand, simple imprudence is a
mere lack of precautions in a situation where the threatened harm is not
immediate or the danger is not openly visible. (People vs. Vistan, 42 Phil. 107).
5. The penalty next higher in degree is imposed upon the offender who
fails to lend on the spot to the injured parties such help as may be in his hands to
give. (As amended by R.A. No. 1790). This is a qualifying circumstance
because the presence thereof raises the penalty one degree higher and in order
to be given effect, it must be alleged in the information. (People vs. Beduya, 4
CAR 145).
6. Penalty to be imposed depends upon the discretion of the court. (R.A.
No. 384). Mitigating or aggravating circumstances are not considered. (People
vs. Agito, 54 O.G. 7393).
7. Test of negligence. Did the defendant in doing the alleged negligent
act use that reasonable care and caution which an ordinary prudent person
would have used in the same situation? If not, then he is guilty of negligence.
The law here in effect adopts the standard supposed to be supplied by the
imaginary conduct of the discreet pater familias of the Roman Law. The
existence of negligence in a given case is not determined by reference to the
personal judgment of the actor in the situation before him. The law considers
what would be reckless, blameworthy, or negligent in the man of ordinary

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negligence and prudence and determines liability by that. (Picart vs. Smith, 37
Phil. 809).
FINAL PROVISIONS
Art. 366. Application of laws enacted prior to this Code. Without prejudice to
the provisions contained in Article 22 of this Code, felonies and misdemeanors,
committed prior to the date of effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time of their commission.
1. Felonies or misdemeanors committed prior to the date of effectively of
this Code were punished in accordance with the law or Code then without
prejudice to the provision of Art. 22.
2. Changes in procedure introduced by the Revised Penal Code are not
to be given retroactive effect in the sense that all proceedings prior to January 1,
1932, which conform to the law in force at the time, must be overturned and new
proceeding began. Articles s366 was enacted to avoid the havoc which would
have resulted if such changes had been made retroactive. (Samilin vs. Court, 57
Phil. 298).
Art. 367. Repealing Clause. Except as is provided in the next preceding
article, the present Penal Code, the Provisional Law for the application of its
provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559,
1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364,
2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559,
and 3586, are hereby repealed.
The provisions of the Acts which are mentioned hereunder are also repealed,
namely:
Act 666, Sections 6 and 18.
Act 1508, Sections 9, 10, 11, and 12.
Act 1524, Sections 1, 2, and 6.
Act 1697, Sections 3 and 4.
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.
Act 2381, Sections 2, 3, 4, 6, 8, and 9.
Act 2711, Sections 102, 2670, 2671, and 2672.

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Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of
1900, Section 106.
And all laws and parts of laws which are contrary to the provisions of this Code
are hereby repealed.
Approved: December 8, 1930

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