ARTICLE 114 : TREASON

1. That the offender owes allegiance to the Government of the

Philippines; (a Filipino citizen or Resident alien)

2. There is a war in which the Philippines is involved

3. The offender either (modes of committing):

a. Levies war against the government

b. Adheres to the enemies, giving them aid or comfort.

SECTION ONE:
CONSPIRACY AND
TREASON
ARTICLE 115 : CONSPIRACY & PROPOSAL TO
COMMIT TREASON
1. Conspiracy to commit treason – committed when in time of war,
two or more persons come to an agreement to levy war against the
Government or to adhere to the enemies and to give them aid or
comfort, and decide to commit it (Arts. 8 and 114)

2. Proposal to commit treason – committed when in time of war a

person has decided to levy war against the Government or to
adhere to the enemies and to give them aid or comfort, proposes
its execution to some other person or persons (Arts. 8 and 114)
ARTICLE 116 : MISPRISION OF TREASON

1. That the offender is a citizen of the Philippines;

2. That he has knowledge of any conspiracy against the

Government;

3. That the conspiracy is one to commit treason;

4. That he conceals or does not disclose and make known

the same as soon as possible to the proper authority
ARTICLE 117 : ESPIONAGE
1. By entering, without authority, a warship, fort, or military or
naval establishment or reservation to obtain any information,
plan or other data of confidential nature relative to the
defense of the Philippines

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

contents of the articles, data or information referred to in the
preceding paragraph, which he had in his possession by reason
of the public office he holds.
CHAPTER ONE:
CRIMES AGAINST
NATIONAL SECURITY
 TITLE I :
CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF
NATIONS
 SECTION TWO:
PROVOKING WAR AND
DISLOYALTY IN CASE OF WAR
ARTICLE 118 : INCITING TO WAR
OR GIVING MOTIVES FOR REPRISALS
1. That the offender performs unlawful or
unauthorized acts;

2. That such acts provoke or give occasion for: a. A war

involving or liable to involve the Philippines; or b.
Expose Filipino citizens to reprisals on their persons
and property.
ARTICLE 119 : VIOLATION OF
NEUTRALITY
1. That there is a war in which the Philippines is not
involved;

2. A regulation issued by a competent authority for

the purpose of enforcing neutrality;

3. That the offender violates such regulation.

ARTICLE 120 : CORRESPONDENCE
WITH HOSTILE COUNTRY
1. That it is made in time of war in which the Philippines is
involved;

2. That the offender makes correspondence with the:

a. Enemy country or

b. Territory occupied by the enemy troops;

3. That the correspondence is either:

a. Prohibited by the Government; or

b. Carried on in ciphers or conventional signs; or

c. If notice or information be given enemy.

The following must concur to qualify the
offense:
1. That the notice or information might be useful to
the enemy;

2. That the offender intended to aid the enemy.

ARTICLE 121 : FLIGHT TO ENEMY’S COUNTRY

1. That there is a war in which the Philippines is involved;

2. Offender owes allegiance to the Government;

3. Offender attempts to flee or go to the enemy country;

4. That going to the enemy country is prohibited by the

competent authority.
SECTION THREE:
PIRACY AND MUTINY
ON THE HIGH SEAS
ARTICLE 122 : PIRACY IN GENERAL
AND MUTINY ON THE HIGH SEAS
Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in

Philippine waters;

2. By seizing in the vessel while on the high seas or in

Philippine waters the whole or part of its cargo, its equipment
or personal belongings of its complement or passengers.
Elements of piracy:
1. That a vessel is on the high seas or on Philippine waters;

2. That the offenders are NOT members of its complement or

passengers of the vessel;

3. That the offenders:

a. Attack or seize the vessel; or

b. Seize the whole or part of the cargo of said vessel, itS

equipment or personal belongings of its complement or passengers.
Piracy under PD 532: Punishes piracy committed in
Philippine waters only.

Offenders: any person (passenger, crew or stranger)

SECTION THREE:
PIRACY AND MUTINY
ON THE HIGH SEAS
ARTICLE 123 : QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by boarding
or firing upon the same;

2. Whenever the pirates have abandoned their victims without

means of saving themselves;

3. Whenever the crime is accompanied by murder, homicide,

physical injuries, or rape.
Qualified Mutiny:
When the second or the third circumstance accompanies the
crime of mutiny mentioned under Art. 122, mutiny is then
qualified. First circumstance may not qualify the crime of
mutiny.
 REPUBLIC ACT NO. 6235
ANTIHIJACKING LAW

“aircraft is in flight” - from the moment all exterior doors are

closed following embarkation until the same doors are again
opened for disembarkation.
Acts Punished

1. Usurping or seizing control of an aircraft of Philippine registry

while it is in flight; or compelling the pilots thereof to change its
course or destination; Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may amount to coercion or
threat. When death results, the crime is homicide or murder, as the
case may be.

2. Usurping or seizing control of an aircraft of foreign registry, while

within Philippine territory, or compelling the pilots thereof to land
in any part of Philippine territory;
3. Carrying or loading on board an aircraft operating as a public
utility passenger aircraft in the Philippines flammable, corrosive,
substances, explosive or poisonous

4. Loading, shipping, or transporting on board a cargo aircraft

operating as a public utility in the Philippines, flammable, corrosive,
or poisonous substance if not done in accordance with the rules
and regulations of the Air Transportation Office.
 TITLE II:
CRIMES AGAINST THE FUNDAMENTAL LAW OF
THE STATE CHAPTER ONE: ARBITRARY
DETENTION OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING AND
CRIMES AGAINST RELIGIOUS WORSHIP
 SECTION ONE:
ARBITRARY DETENTION
AND EXPULSION
ARTICLE 124 : ARBITRARY DETENTION

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

2. That he detains a person;

3. That the detention is without legal ground.

Legal grounds for the detention of persons:
1. The commission of a crime; or

2. Violent insanity or other ailment requiring

compulsory confinement of the patient in a hospital
Note on R.A. 6235: Aggravating circ. to nos. 1 and 2

1. When the offender has fired upon the pilot,

member of the crew, or passenger of the aircraft;

2. When the offender has exploded or attempted to

explode any bomb or explosive to destroy the aircraft;

3. Whenever the crime is accompanied by murder,

homicide, serious physical injuries or rape;
ARTICLE 125 : DELAY IN THE DELIVERY
OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES

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

2. That he has detained a person for some legal ground

3. That he fails to deliver such person to the proper
judicial authorities within:

12 hrs. for light penalties or their equivalent.

18 hrs. for correctional penalties or their equivalent.

36 hrs. for afflictive penalties or their equivalent

ARTICLE 126 : DELAYING RELEASE
Three acts punished:
1. By delaying the performance of a judicial or executive order
for the release of a prisoner;

2. By unduly delaying the service of the notice of such order to

said prisoner;

3. By unduly delaying the proceedings upon any petition for

the liberation of such person.
Elements:
1. That the offender is a public officer or employee;

2. That there is a judicial or executive order for the

release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation
of such person;
3. That the offender without good reason delays
either:

a. The service of the notice of such order to the

prisoner;

b. The performance of such judicial or executive

order for the release of the prisoner; or

c. The proceedings upon a petition for the release of

such person.
SECTION TWO:
VIOLATION OF
DOMICILE
ARTICLE 127 : EXPULSION
1. By expelling a person from the Philippines;

2. By compelling a person to change his residence.

Elements:

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

2. That he expels any person from the Philippines, or compels a

person to change his residence;

3. That the offender is not authorized to do so by law.

Exception: (no expulsion) in cases of ejectment,
expropriation or when the penalty of destierro is
imposed.
ARTICLE 128 : VIOLATION OF DOMICILE
Acts Punished

1. By entering any dwelling against the will of the owner thereof;

2. By searching papers or other effects found therein without the

previous consent of such owner;

3. By refusing to leave the premises, after having surreptitiously

entered said dwelling and after having been required to leave the
same.
Common elements:

1. That the offender is public officer or employee;

2. That he is not authorized by judicial order to enter the dwelling

and/ or to make a search for papers and for other effects.

Qualifying circumstances:

1. If committed at nighttime;

2. If any papers or effects, not constituting evidence of a crime are

not returned immediately after a search is made by the offender.
ARTICLE 129 : SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED

Acts Punished:

1. Procuring a search warrant without just cause

Elements:

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

b. That he procures a search warrant;

c. That there is no just cause

2. Exceeding his authority or by using unnecessary severity in
executing a search warrant legally procured
Elements:

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

b. That he has legally procured a search warrant;

c. That he exceeds his authority or uses unnecessary

severity in executing the same.
ARTICLE 130 : SEARCHING DOMICILE WITHOUT
WITNESSES
1. That the offender is a public officer or employee;

2. That he searches the domicile, papers or other belongings of

any person;

3. That he is armed with a warrant;

4. That the owner or any member of his family or two

witnesses residing in the same locality are not present.
 SECTION THREE:
PROHIBITION, INTERRUPTION,
AND DISSOLUTION OF
PEACEFUL MEETINGS
ARTICLE 131 : PROHIBITION, INTERRUPTION,
& DISSOLUTION OF PEACEFUL MEETINGS
Acts Punished:

1. Prohibiting, interrupting or dissolving without legal ground

the holding of a peaceful meeting;

2. Hindering any person from joining any lawful association or

from attending any of its meetings;
3. Prohibiting or hindering any person from addressing, either
alone or together with others, any petition to the authorities
for the correction of abuses or redress of grievances.

Common elements:

1. That the offender is a public officer;

2. That he performs any of the acts mentioned above

ARTICLE 132 : INTERRUP-TION OF
RELIGIOUS WORSHIP

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

2. That religious ceremonies or manifestations of any religion

are about to take place or are going on;

3. That the offender prevents or disturbs the same

- Qualified by violence or threats

ARTICLE 133. : OFFENDING RELIGIOUS FEELINGS

1. That the acts complained of were performed:

a. In a place devoted to religious worship (not necessary

that there is a religious worship); or

b. During the celebration of any religious ceremony;

2. That the acts must be notoriously offensive to the feelings of

the faithful.
TITLE THREE:
CRIMES AGAINST
PUBLIC ORDER
ARTICLE 134 : REBELLION/ INSURRECTION
1. That there be:

a. Public uprising; and

b. Taking up of arms against the government.

2. For the purpose of:

a. Removing from the allegiance to said Government or its laws:

i. The territory of the Philippines, or any part thereof; or

ii. Any body of land, naval or other armed forces; or

b. Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.
ARTICLE 134 – A : COUP D’ETAT
1. That the offender is a person or persons belonging to military or police
or holding any public office or employment;

2. That it is committed by means of a swift attack, accompanied by

violence, intimidation, threat, strategy, or stealth;

3. That the attack is directed against duly constituted authorities of the

Republic of the Philippines or any military camp, or installation, or
communication networks, public utilities or other facilities needed for the
exercise and continued possession of power;

4. That the purpose of the attack is to seize or diminish state power.

 ARTICLE 135 : PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT

Persons liable for rebellion, insurrection and/or coup d’etat:

The leaders –
Any person who

a. Promotes;

b. Maintains; or

c. Heads a rebellion or insurrection; or

 Any person who–

a. Leads;

b. Directs; or

c. Commands others to undertake a coup d’etat;

The participants –

Any person who

1. Participates; or

2. Executes the commands of others in rebellion, or insurrection;

 Any person in the government service who

1. Participates; or

2. Executes directions or commands of others in undertaking a coup d’etat;

Any person not in the government service who

1. Participates;

2. Supports;

3. Finances;

4. Abets; or

5. Aids in undertaking a coup d’etat.

ARTICLE 136 : CONSPIRACY & PROPOSAL TO COMMIT
REBELLION, INSURRECTION OR COUP D’ ETAT

1. Conspiracy to commit rebellion – when two or more

persons come to an agreement to rise publicly and take arms
against the Government for any of the purposes of rebellion
and decide to commit it

2. Proposal to commit rebellion – when the person who has

decided to rise publicly and take arms against the Government
for any of the purposes of rebellion proposes its execution to
some other person or persons
ARTICLE 137 : DISLOYALTY OF PUBLIC
OFFICERS/ EMPLOYEES
Acts Punished

1. Failing to resist a rebellion by all means in their power;

2. Continuing to discharge the duties of their office under the

control of the rebels;

3. Accepting appointment to office under the rebels.

ARTICLE 138 : INCITING TO REBELLION/ INSURRECTION

1. That the offender does not take up arms or is not in

open hostility against the Government;

2. That he incites others to the execution of any of the

acts of rebellion;

3. That the inciting is done by means of speeches,

proclamations, writings, emblems, banners or other
representations (SPWEBO) tending to the same end
ARTICLE 139 : SEDITION
1. That the offenders rise:
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods;
3. That the offenders employ any of those means to
attain any of the following objects:

a. To prevent the promulgation or execution of any

law or the holding of any popular election;

b. To prevent the government or any public officer

from freely exercising its or his functions, or prevent
the execution of any Administrative Order;
 c. To inflict any act of hate or revenge upon the
person or property of any public officer or employee;

d. To commit, for any political or social end, any act

of hate or revenge against private persons or any social
class;

e. To despoil, for any political or social end, any

person or the government of all its property or any
part thereof.
ARTICLE 140 : PENALTY FOR SEDITION

Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 141 : CONSPIRACY TO COMMIT
SEDITION

Only Conspiracy to commit sedition is punishable and

not proposal to commit sedition.

There must be an agreement both to attain an object

of sedition and to rise publicly and tumultuously.
ARTICLE 142 : INCITING TO SEDITION
Acts Punished:
1. Inciting others to commit sedition by means of speeches, proclamations,
writings, emblems cartoons, banners, or other representations tending to the
same end;

2. Uttering seditious words or speeches which tend to disturb the public peace;

3. Writing, publishing, or circulating scurrilous libels against the Government or

any of its duly constituted authorities.

4. Knowingly concealing such evil practices.

Elements of act no. 1:

1. That the offender does not take direct part in the crime of
sedition;

2. That he incites others to the accomplishment of any of the

acts which constitute sedition;

3. That the inciting is done by means of speeches,

proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end.
Acts nos. 2 & 3 punishable when:

1. They tend to disturb or obstruct any lawful officer in

executing the functions of his office;

2. They tend to instigate others to cabal and meet together for

unlawful purposes;

3. They suggest or incite rebellious conspiracies or riots or

4. They lead or tend to stir up the people against the lawful

authorities or disturb the peace of the community, and the
safety and order of the Government
CHAPTER TWO:
CRIMES AGAINST
POPULAR
REPRESENTATION
 SECTION ONE:
CRIMES AGAINST
LEGISLATIVE BODIES
ARTICLE 143 : ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR BODIES
1. That there be a projected or actual meeting of the National
Assembly or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof,
or of any provincial board or city or municipal council or board;

2. That the offender, who may be any person, prevents such

meeting by force or fraud.
ARTICLE 144 : DISTURBANCE OF PROCEEDINGS
1. That there be a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or divisions
thereof, or any provincial board or city or municipal council or board;

2. That the offender does any of the following acts:

a. He disturbs any of such meetings;

b. He behaves while in the presence of any such bodies in such a manner

as to interrupt its proceedings or to impair the respect due it.
SECTION TWO:
VIOLATION OF
PARLIAMENTARY
IMMUNITY
ARTICLE 145 : VIOLATION OF PARLIAMENTARY IMMUNITY

Acts Punished
1. Using force, intimidation, threats, or frauds to prevent any member from:

a. Attending the meetings of Congress or any of its subcommittees, commissions or

divisions thereof, or from committees or constitutional committees or

b. Expressing his opinions or

c. Casting his vote

2. Arresting or searching any member while Congress is in session, except in cases

where such member has committed a crime punishable under the Code by a penalty
higher than prision mayor.
CHAPTER THREE:
ILLEGAL
ASSMBLIES/ASSOCIATIONS
ARTICLE 146 : ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:

1. Any meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Code

Requisites:

a. That there is a meeting, gathering or group of persons, whether in a fixed place or

moving;

b. That the meeting is attended by armed persons;

c. That the purpose of the meeting is to commit any of the crimes punishable under the
Code.
2. Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a
person in authority

Requisites:

a. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving;

b. That the audiences, whether armed or not, is incited to the commission of the crime
of treason, rebellion or insurrection, sedition or direct assault.

Presumptions: If any person carries an unlicensed firearm, it is presumed that:

1. The purpose of the meeting insofar as he is concerned is to commit acts punishable

under the RPC, and

2. He is considered a leader or organizer of the meeting

ARTICLE 147 : ILLEGAL ASSOCIATIONS

Prohibited associations:
Association totally or partially organized for:

1. The purpose of committing any of the crimes punishable

under the Code, or

2. Some purpose contrary to public morals.

 CHAPTER FOUR:
ASSAULT UPON, AND
RESISTANCE & DISOBEDIENCE
TO, PERSONS IN AUTHORITY
AND THEIR AGENTS
ARTICLE 152 : PERSONS IN AUTHORITY & AGENTS OF PERSONS IN
AUTHORITY

Public Officer (PO)

Any person who takes part in the performance of public functions in the government.

Person in Authority (PA)

Any person directly vested with jurisdiction, whether as an individual or as a member of

some court or governmental corporation, board commission.

Agent of a Person in Authority (APA)

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.
ARTICLE 148 : DIRECT ASSAULT
Two ways to commit:

1. Without public uprising, by employing force or intimidation for the attainment of any
of the purposes enumerated in defining the crimes of sedition & rebellion

Elements:

a. That the offender employs force or intimidation;

b. That the aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition;

c. That there is no public uprising.

2. Without public uprising, by attacking, by employing force or seriously intimidating or
by seriously resisting any PA or APA, while engaged in the performance of official duties,
or on the occasion of such performance

Elements:

a. That the offender:

i. Makes an attack (equivalent to aggression),

ii. Employs force

iii. Makes a serious intimidation (unlawful coercion, duress, putting someone in fear,
exertion of an influence in the mind which must be both immediate and serious), or

iv. Makes a serious resistance (if not serious, crime committed may be that under
resistance and disobedience);
b. That the person assaulted is a person in authority or his agent;

c. That at the time of the assault the person in authority or his agent:

i. Is engaged in the actual performance of official duties, or

ii. That he is assaulted by reason of the past performance of his

official duties;

d. That the offender knows that the one he is assaulting is a person in

authority or his agent in the exercise of his duties;

e. That there is no public uprising

ARTICLE 149 : INDIRECT ASSAULT

1. That a PA or an APA is the victim of any of the forms of

direct assault defined in Art. 148;

2. That a person comes to the aid of the APA;

3. That the offender makes use of force or intimidation upon

such person coming to the aid of the APA.
ARTICLE 150 : DISOBEDIENCE TO SUMMONS
ISSUED BY THE NAT’L ASSEMBLY, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEE OR
DIVISIONS
Acts punished:

1. Refusing, without legal excuse, to obey summons of

Congress, or any commission or committee chairman or
member authorized to summon witnesses;
2. Refusing to be sworn or placed under affirmation while
before such legislative or constitutional body or official;

3. Refusing to answer any legal inquiry or to produce any

books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions;

4. Restraining another from attending as a witness in such

legislative or constitutional body;

5. Inducing disobedience to summons or refusal to be sworn

by any such body or official
ARTICLE 151 : RESISTANCE & DISOBEDIENCE TO A PERSON
IN AUTHORITY OR THE AGENTS OF SUCH PERSON

Elements of resistance & serious disobedience:

1. That a PA or his APA is engaged in the performance of

official duty or gives a lawful order to the offender;

2. That the offender resists or seriously disobeys such person in

authority or his agent;

3. That the act of the offender is not included in the provisions

of Arts. 148-150.
Elements of simple disobedience:
1. That an APA is engaged in the performance of official duty
or gives a lawful order to the offender;

2. That the offender disobeys such APA;

3. That such disobedience is not of a serious nature.

CHAPTER FIVE:
PUBLIC DISORDER
ARTICLE 153 : TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER

Acts punished:
1. Causing any serious disturbance in a public place, office or
establishment;

2. Interrupting or disturbing public performances, functions or

gatherings, or peaceful meetings, if the act is not included in
Arts. 131132;
3. Making an outcry tending to incite rebellion or sedition in
any meeting, association or public place;

4. Displaying placards or emblems which provoke a

disturbance of public order in such place;

5. Burying with pomp the body of a person who has been

legally executed.
ARTICLE 154 : UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES
Acts punished:

1. Publishing or causing to be published as news any false news

which may endanger the public order, or cause damage to the
interest or credit of the State;

2. Encouraging disobedience to the law or to the constituted

authorities or by praising, justifying or extolling any act punished by
law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without authority, or before they have
been published officially;

4. Printing, publishing or distributing (or causing the same)

books, pamphlets, periodicals, or leaflets which do not bear
the real printer’s name, or which are classified as anonymous.
ARTICLE 155 : ALARMS & SCANDALS
Acts punished:
1. Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, which produces alarm or danger

2. Instigating or taking an active part in any charivari or other disorderly meeting

offensive to another or prejudicial to public tranquility

3. Disturbing the public peace while wandering about at night or while engaged
in any other nocturnal amusements

4. Causing any disturbance or scandal in public places while intoxicated or

otherwise, provided Art. 153 is not applicable
ARTICLE 156 : DELIVERY OF PRISONERS FROM JAIL
1. That there is a person confined in a jail or penal establishment;

2. That the offender removes such person, or helps the escape of such
person.

Committed in two ways:

1. By removing a prisoner confined in jail or penal institution – to take away

a person from confinement with or without the active participation of the
person released

2. By helping said person to escape – furnish material means to facilitate

escape
 CHAPTER SIX:
EVASION OF SERVICE
OF SENTENCE
ARTICLE 157 : EVASION OF SERVICE OF SENTENCE

1. That the offender is a convict by final judgment;

2. That he is serving his sentence, which consists in

deprivation of liberty;

3. That he evades the service of his sentence by

escaping during the term of his sentence.
Circumstances qualifying the offense:

1. By means of unlawful entry (“by scaling”);

2. By breaking doors, windows, gates, walls, roofs or floors;

3. By using picklocks, false keys, disguise, deceit, violence, or

intimidation;

4. Through connivance with other convicts or employees of the

penal institution.
ARTICLE 158 : EVASION OF SENTENCE ON THE
OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
1. That the offender is a convict by final judgment, and is
confined in a penal institution;

2. That there is disorder, resulting from:

a. Conflagration,

b. Earthquake,
 c. Explosion,

d. Similar catastrophe,

e. Mutiny in which he has not participated;

3. That the offender leaves the penal institution where he is

confined, on the occasion of such disorder or during the
mutiny;

4. That the offender fails to give himself up to the authorities

within 48 hrs. following the issuance of a proclamation by the
Chief Executive announcing the passing away of such calamity.
ARTICLE 159 : OTHER CASES OF EVASION OF
SENTENCE (CONDITIONAL PARDON)

1. That the offender was a convict;

2. That he was granted a conditional pardon by the

Chief Executive;

3. That he violated any of the conditions of such

pardon.
FORMS OF EVASION OF SERVICE OF SENTENCE
1. By simply leaving or escaping from the penal establishment
under Art. 157

2. Failure to return within 48 hours after having left the penal

establishment because of a calamity, conflagration or mutiny
and such calamity, conflagration or mutiny has been
announced as already passed under Art. 158.

3. Violating the condition of conditional pardon under Article

159.
CHAPTER
SEVEN
ARTICLE 160 : COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)

1. That the offender was already convicted by final

judgment;

2. That he committed a new felony before beginning to

serve such sentence or while serving the same.
Who can be pardoned

A quasi-recidivist can be pardoned:

1. At the age of 70, if he shall have already served out his

original sentence (and not a habitual criminal); or

2. When he shall have completed it after reaching the said age,

unless by reason of his conduct or other circumstances, he
shall not be worthy of such clemency.
TITLE FOUR:
CRIMES AGAINST
PUBLIC INTEREST
CHAPTER ONE:
FORGERIES
 SECTION ONE:
FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR
STAMP OF THE CHIEF EXECUTIVE
ARTICLE 161 : COUNTERFEITING SEAL OF
GOVERNMENT, SIGNATURE AND STAMP OF
PRESIDENT
Acts Punished
1. Forging the Great Seal of the Government of the Philippines;

2. Forging the signature of the President;

3. Forging the stamp of the President

ARTICLE 162 : USE OF FORGED SIGNATURE,
COUNTERFEIT SEAL OR STAMP
1. That the seal of the Republic was counterfeited, or the
signature or stamp of the Chief Executive was forged by
another person;

2. That the offender knew of the counterfeiting or forgery;

3. That he used the counterfeit seal or forged signature or

stamp
SECTION TWO:
COUNTERFEITING
COINS
ARTICLE 163 : MAKING AND IMPORTING
AND UTTERING FALSE COINS
1. That there be false or counterfeited coins;

2. That the offender either made, imported or uttered

such coins;

3. That in case of uttering such false or counterfeited

coins, he connived with the counterfeiters or
importers.
ARTICLE 164 : MUTILATION OF COINS-
IMPORTATION AND UTTERANCE OF MUTILATED
COINS
Acts punished

1. Mutilating coins of the legal currency, with the intent to

damage or to defraud another;

2. Importing or uttering such mutilated coins, with the further

requirement that there must be connivance with the mutilator
or importer in case of uttering.
ARTICLE 165 : SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE
Acts Punished

1. Possession of coin, counterfeited or mutilated by

another with intent to utter the same knowing that it is
false or mutilated;

2. Actually uttering false or mutilated coin, knowing it

to be false or mutilated.
 SECTION FOUR:
FALSIFICATION OF LEGISLATIVE,
PUBLIC, COMMERCIAL AND
PRIVATE DOCUMENTS AND
WIRELESS, TELEGRAPH AND
TELEPHONE MESSAGES
ARTICLE 166 : FORGING TREASURY OR BANK
NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER
AND UTTERING THE SAME
Acts penalized:

1. Forging or falsification of treasury or bank notes or other

documents payable to bearer;

2. Importation of the same

3. Uttering the same in connivance with forgers or importers;

What may be forged or falsified under Article 166:

1. Treasury or bank notes;

2. Certificates;

3. Other obligations and securities, payable to bearer.

ARTICLE 167: COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENT NOT PAYABLE TO BEARER

1. That there be an instrument payable to order or

other document of credit NOT payable to bearer;

2. That the offender either forged, imported or uttered

such instrument;

3. That in case of uttering he connived with the

importer or forger
ARTICLE 168 : ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF
CREDIT
1. That the treasury or bank note or certificate or other obligation and securities
payable to bearer or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another;

2. The offender knows that any of these instruments is forged or falsified;

3. That he performs any of these acts:

a. Using any of such forged or falsified instruments; or

b. Possession with intent to use, any of the forged or falsified documents.

ARTICLE 169 : HOW FORGERY IS COMMMITTED
1. By giving to treasury or bank note or any instrument payable
to bearer or to order the appearance of a true and genuine
document;

2. Counterfeiting

Altering

Substituting

Erasing any figures, letters, words or signs contained therein.

ARTICLE 170 : FALSIFICATION OF
LEGISLATIVE DOCUMENT
1. That there be a bill, resolution or ordinance enacted by or
approved or pending approval by either House of the
Legislative or any provincial board or municipal council;

2. The offender alters the same;

3. That he has no proper authority therefor;

4. That alteration changed the meaning of the document.

ARTICLE 171 : FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR
NOTARY OR ECCLESIASTICAL MINISTER

1. That the offender is a public officer, employee or notary public or

ecclesiastical minister;

2. That he takes advantage of his official position when:

a. He has the duty to make or prepare or otherwise to intervene in

the preparation of the document; OR

b. He has the official custody of the document which he falsifies

3. The offender falsifies a document.

Different Modes of Falsifying a Document:

A. Counterfeiting or imitating any handwriting, signature or rubric.

1. That there be an intent to imitate or an attempt to imitate;

2. The two signatures or handwriting, the genuine and the forged bear some
resemblance to each other

B. Causing it to appear that persons have participated in an act or proceeding

when they did not in fact so participate.

1. That the offender caused it to appear in a document that a person or

persons participated in an act or proceeding;

2. That such persons did not in fact so participate in the act or proceeding.
C. Attributing to persons who have participated in any act or
proceeding statements other than those in fact made by them.

1. That persons participated in an act or proceeding;

2. That such person or persons made statements in that

act or proceeding;

3. That the offender in making a document, attributed to

such person, statements other than those in fact made by such
person.
D. Making untruthful statements in a narration of facts.

1. That the offender makes in a document statements in a

narration of facts;

2. That he has the legal obligation to disclose the truth of the

facts narrated by him;

3. That the facts narrated by the offender are absolutely false;

4. That the perversion of truth in the narration of facts was

made with the wrongful intent of injuring a third person.

E. Altering true dates.

F. Making alteration or intercalation in a genuine document which changes its meaning.

1. That there be an alteration or intercalation (insertion) on a document;

2. That it was made on a genuine document;

3. That the alteration and intercalation has changed the meaning of the document;

4. That the change made the document speak something false

G. Issuing in an authenticated form a document purporting to be a copy of an original

document when no such original exist or including in such a copy a statement contrary to
or different from that of the genuine original.

H. Intercalating any instrument or note relative to the issuance in a protocol, registry or

official book.
ARTICLE 172 : FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

Acts punished:
1. Falsification of public, official or commercial document
by a private individual

Elements:

a. The offender is a private individual or a public officer or

employee who did not take advantage of his official position
b. That he committed any of the acts of falsification
enumerated in Art.171 (Pars.16);

c. That the falsification was committed in a public or official or

commercial document.

2. Falsification of private document by any person;

Elements:

a. That the offender committed any of the acts of falsification

except those in par. 7, enumerated in Art.171;
b. That the falsification was committed in a private document;

c. That the falsification caused damage to a third party or at

least the falsification was committed with the intent to cause
damage.

3. Use of falsified documents.

Elements:

a. Introducing in a judicial proceeding:

i. That the offender knew that the document was falsified by another person;
 ii. That the false document was embraced in Art. 171 or in any subdivision
No.1 or 2 of Art. 172;

iii. That he introduced said document in evidence in any judicial proceeding.

· No damage is required.

B. Use in any other transaction

i. That the offender knew that the document was falsified by another person;

ii. That the false document was embraced in Art. 171 or in any of subdivision No. 1
or 2 of Art. 172;

iii. That he used such document (not in judicial proceeding);

 iv. That the use of the false document caused damage to another or at least it was
used with intent to cause damage

3. Using such falsified messages. ·

With respect to No. 3, the offender need not be connected to the government or to
such corporation.

Elements:

a. That the accused knew that wireless, cable, telegraph or telephone message was
falsified by any person specified in 1st paragraph of Art.173;

b. That the accused used such falsified dispatch;

c. That the use of the falsified dispatch resulted in the prejudice of a third party, or that
the use thereof was with the intent to cause such prejudice
 ARTICLE 173 : FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES

Acts punished:

1. Uttering fictitious wireless, telegraph, or telephone messages;

2. Falsifying wireless, telegraph or telephone messages.

Elements:

a. That the offender is an officer or employee of the government or an officer or

an employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message;

b. That he commits any of the above acts.

SECTION
FIVE
ARTICLE 174 : FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATE OF MERIT OR SERVICE

Persons liable:

1. Physician or surgeon who, in connection with the practice

of profession issued a false certificate;

2. Public officer who issued a false certificate of merit or

service, good conduct or similar circumstances;

3. Private individual who falsified a certificate falling in the

classes mentioned in Nos. 1 and 2.
ARTICLE 175 : USING FALSE
CERTIFICATES
1. That a false certificate mentioned in the preceding
article was issued;

2. That the offender knew that the certificate was

false;

3. That he used the same.

SECTION
SIX
ARTICLE 176 : MANUFACTURING AND POSSESSION
OF INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
Acts punished:

1. Making or introducing into the Philippines any stamps, dies,

marks, or other instruments or implements for counterfeiting;

2. Possession with intent to use the instruments or implements

for counterfeiting or falsification made in or introduced into
the Philippines by another person.
CHAPTER TWO:
OTHER FALSITIES
 SECTION ONE:
USURPATION OF AUTHORITY,
RANK, TITLE AND IMPROPER USE
OF NAMES, UNIFORMS AND
INSIGNIA
ARTICLE 177 : USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS

Two offenses contemplated in Art. 177:

1. Usurpation of authority

2. Usurpation of official functions

How committed:

1. By knowingly misrepresenting oneself to be an officer, agent or

representative of the government, whether local, national or
foreign;
2. By performing any act pertaining to a person in authority or
public officer of the government under the pretense of official
position and without authority.

The acts performed must pertain to:

1. The Government

2. To any person in authority

3. To any public officer

ARTICLE 178 : USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
Elements: (using fictitious name)

1. That the offender uses a name other than his real name;

2. That he uses that fictitious name publicly;

3. That the purpose of the offender is—

a. To conceal a crime;
 b. To evade the execution of a judgment; Or

c. To cause damage to public interest.

Elements: (Concealing true name)

1. That the offender conceals:

a. his true name,

b. all other personal circumstances;

2. That the purpose is only to conceal his identity

COMMONWEALTH ACT NO. 142, as amended by REPUBLIC ACT NO. 6085
An Act Regulating the Use of Aliases

General rule: 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 Bureau of
Immigration upon entry, or such substitute name as may have been
authorized by a competent court.

Exception: As pseudonym solely for literary, cinema, television,

radio or other entertainment purposes and in athletic events where
the use of pseudonym is a normally accepted practice.
ARTICLE 179 : ILLEGAL USE OF UNIFORM OR
INSIGNIA
1. That the offender makes use of insignia, uniform or dress;

2. That the insignia, uniform or dress pertains to an office not

held by the offender or to a class of person of which he is not a
member; and

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

improperly.
SECTION TWO:
FALSE TESTIMONY
ARTICLE 180 : FALSE TESTIMONY AGAINST A
DEFENDANT

1. That there be a criminal proceeding;

2. That the offender testifies falsely under oath against the defendant
therein;

3. That the offender who gives false testimony knows that it is false;

4. That the defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
False testimony – is committed by any person who, being under oath,
and required to testify as to the truth of a certain matter at a hearing
before a competent authority, shall deny the truth or say something
contrary to it.

Three forms of false testimony

1. False Testimony in Criminal Cases (Art. 180-181)

2. False Testimony in Civil Cases (Art. 182)

3. False Testimony in other cases (Art. 183)

ARTICLE 181 : FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT
· The false testimony in favor of the defendant need not directly influence the
decision of the acquittal and it need not benefit the defendant.

· Conviction or acquittal of defendant in principal case is not necessary.

A defendant who falsely testifies in his own behalf in a criminal case can only be
guilty of Art. 181 when he voluntarily goes upon the witness stand and falsely
imputes to some other person the commission of a grave offense. If he merely
denies the commission of the crime or his participation therein, he should not be
prosecuted for false testimony.

· Testimony must be complete

ARTICLE 182 : FALSE TESTIMONY IN CIVIL CASES

1. That the testimony must be given in a civil case;

2. That the testimony must relate to the issues presented in said case;

3. That the testimony must be false;

4. That the false testimony must be given by the defendant knowing it to

be false;

5. That the testimony must be malicious and given with an intent to

affect the issues presented in said case
ARTICLE 183 : PERJURY
Two ways of committing perjury:

1. By falsely testifying under oath;

2. By making a false affidavit.

Elements:

1. That the accused made a statement under oath or executed an

affidavit upon a material matter;

2. That the statement or affidavit was made before a competent officer

authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood;

4. That the sworn statement or affidavit containing the falsity is required

by law.

Relevant – when it tends in any reasonable degree to establish the

probability or improbability of a fact in issue.

Pertinent – when it concerns collateral matters which make more or less

probable the proposition at issue.

Oath – any form of attestation by which a person signifies that he is

bound in conscience to perform an act faithfully and truthfully.
Affidavit – a sworn statement in writing; a declaration in writing, made
upon oath before an authorized magistrate or officer.

Competent person – a person who has a right to inquire into the

questions presented to him upon matters under his jurisdiction

Subornation of perjury – is committed by a person who knowingly and

willfully procures another to swear falsely and he witness suborned does
testify under the circumstances rendering him guilty of perjury.
ARTICLE 184 : OFFERING FALSE
TESTIMONY IN EVIDENCE

1. That the offender offered in evidence a false witness

or testimony;

2. That he knew the witness or testimony was false;

3. That the offer was made in a judicial or official

proceeding.
CHAPTER THREE:
FRAUDS
(Arts. 185-189)
ARTICLE 185 : MACHI-NATIONS IN PUBLIC AUCTIONS
Acts punishable:

1. Soliciting any gift or promise as a consideration for refraining from taking part in the
public auction;

a. That there be a public auction;

b. That the accused solicited any gift or a promise from any of the bidders;

c. That such gift or promise was the consideration for his refraining from taking part
in that public auction.

d. That the accused had the intent to cause the reduction of the price of the thing
auctioned.
2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises
or any artifice.

a. That there be a public auction;

b. That the accused attempted to cause the buyers to stay away from that public
auction;

c. That it was done by threats, gifts, promises or any other artifice.

d. That the accused had the intent to cause the reduction of the price of the thing .
ARTICLE 186 : MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE

Acts punishable:
1. Combination or conspiracy to prevent free competition in
market.

By entering into any contract or agreement or taking 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. Monopoly to restrain free competition in market.

By monopolizing any merchandise or object of

trade or commerce, or by combining with any other
person or persons to monopolize said merchandise or
object in order to alter the prices thereof by spreading
false rumors or making use of any other artifice to
restrain free competition in the market.
3. Making transactions prejudicial to lawful commerce or to
increase the market price of merchandise.

The person liable is the:

a. Manufacturer,

b. Producer,

c. Processor, or

d. Importer of any merchandise or object of commerce.

 The crime is committed by:

(1) combining,

(2) conspiring, or

(3) agreeing with any person.

The purpose is:

(1) to make transactions prejudicial to lawful commerce, or

(2) to increase the market price of any merchandise or object of

commerce manufactured, produced, processed, assembled or imported
into the Philippines.
ARTICLE 187 : IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS

Articles or merchandise involved:

1. Gold,

2. Silver,

3. Other precious metals, or

4. Their alloys.
Elements:
1. That the offender imports, sells or disposes any of those
articles;

2. That the stamps, brands or marks of those articles or

merchandise fail to indicate the actual fineness or quality of
said metal or alloy;

3. That the offender knows that the stamps, brands, or marks

fail to indicate the actual fineness or quality of said metal or
alloy.
 REPUBLIC ACT NO. 455
Law on Smuggling
Acts punishable:

1. That the merchandise must have been fraudulently or knowingly imported

contrary to law;

2. That the defendant if he is not the importer himself, must have received,
concealed, bought, sold or in any manner facilitated the transportation,
concealment, or sale of the merchandise and that he must be shown to have
knowledge that the merchandise had been illegally imported.
 REPUBLIC ACT NO. 9165
Comprehensive Dangerous Drugs Act of 2002
(Repealing RA No. 6425, otherwise known as
the Dangerous Drugs Act of 1972)

Controlled precursors and essential chemicals (CP/EC) – include those

listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances
Dangerous Drugs (DD) – include those listed in the Schedules annexed to
the 1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances

Not withstanding the provisions of the law to the contrary, a positive

finding for the use of dangerous drugs shall be a QUALIFYING
AGGRAVATING CIRCUMSTANCE in the commission of a crime by an
offender, and the applicable penalty provided for in the RPC shall be
applicable. (Sec. 25)
 TITLE SIX:
CRIMES AGAINST
PUBLIC MORALS
(CHAPTER ONE REPEALED)
CHAPTER TWO: OFFENSES
AGAINST DECENCY AND GOOD
CUSTOMS
ARTICLE 200 : GRAVE SCANDAL
1. That the offender performs an act or acts.

2. That such act or acts be highly scandalous as offending

against decency or good customs.

3. That the highly scandalous conduct is not expressly falling

within any article of this Code.

4. That the act or acts complained of be committed in a public

place or within the public knowledge or view.
ARTICLE 201 : IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND INDECENT
SHOWS

Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly and
contrary to public morals.

2. The authors of obscene literature, published with their knowledge in

any form; the editors publishing such literature; and the owners,
operating the establishment or selling the same.
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit
indecent or immoral shows which are proscribed or are contrary to morals,
good customs, established policies, lawful orders, decrees and edicts

4. Those who shall sell, give away or exhibit films, prints, engravings,
sculpture or literature which are offensive to morals

The Test of Obscenity

The test is whether the tendency of the matter charged as obscene, is to

corrupt those whose minds are open to such immoral influences, and into
whose hands such a publication may fall and also whether or not such
publication or act shocks the ordinary and common sense of men as an
indecency.
ARTICLE 202 : VAGRANTS AND PROSTITUTES
Persons Liable:

1. Any person having no apparent means of subsistence, who

has the physical ability to work and who neglects to apply
himself to some lawful calling; (Mendicant)

2. Any person found loitering about public or semipublic

buildings or places or tramping or wondering about the
country or the streets without visible means of support;
3. Any 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.

4. Prostitutes

Prostitutes – women who, for money or profit habitually

indulge in sexual intercourse or lascivious conduct.

Dissolutes- lax, unrestrained, immoral Ruffians- violent or

lawless individuals
Persons Liable under PD 1563 or the Mendicancy Law:
· Mendicant himself

· Any person who abets mendicancy by giving alms directly

to mendicants, exploited infants, and minors on public roads,
sidewalks, parks and bridges.
 TITLE SEVEN:
CRIMES COMITTED BY
A PUBLIC OFFICER
CHAPTER ONE:
PRELIMINARY
PROVISIONS
ARTICLE 203 : WHO ARE PUBLIC OFFICERS

Requisites:

To be a public officer one must be –

1. Taking part in the performance of public functions in the government, or performing in said
Government or in any of its branches public duties as an employee, agent or subordinate official,
of any rank or class; and

2. That his authority to take part in the performance of public functions or to perform public
duties must be –

a. By direct provision of the law, or

b. By popular election, or

c. By appointment by competent authority

CHAPTER TWO:
MALFEASANCE AND
MISFEASANCE IN
OFFICE
Misfeasance – improper performance of some act which might
lawfully be done

Malfeasance – the performance of some act which ought not

to be done

Nonfeasance – omission of some act which ought to be

performed
ARTICLE 204 : KNOWINGLY RENDERING
UNJUST JUDGMENT
1. That the offender is a judge;

2. That he renders a judgment in a case submitted to

him for decision;

3. That the judgment is unjust;

4. That the judge knows that his judgment is unjust.

ARTICLE 205 : JUDGMENT RENDERED
THROUGH NEGLIGENCE
1. That the offender is a judge;

2. That he renders a judgment in a case submitted to him

for decision;

3. That the judgment is manifestly unjust;

4. That it is due to his inexcusable negligence or ignorance.

ARTICLE 206 : UNJUST
INTERLOCUTORY ORDER

1. That the offender is a judge;

2. That he performs any of the following acts:

a. Knowingly renders unjust interlocutory order or decree, or

b. Renders a manifestly unjust interlocutory order or decree

through inexcusable negligence or ignorance.
ARTICLE 207 : MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
1. That the offender is a judge;

2. That there is a proceeding in court.

3. That he delays the administration of justice;

4. That the delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party in
the case
Who Can Be Offenders in Art. 208?

1. Public officer

Officers of the prosecution department, whose duty is to

institute criminal proceedings upon being informed

2. Officer of the law

By reason of position held by them are duty-bound to

cause prosecution and punishment of offenders.
ARTICLE 208 : PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
Acts punished:

1. By maliciously refraining from instituting

prosecution against violators of the law;

2. By maliciously tolerating the commission of a crime.

Elements:
1. That the offender is a public officer who has a duty to cause
the prosecution of, or to prosecute offenses;

2. That knowing the commission of the crime, he does not

cause the prosecution of the criminal or knowing that a crime
is about to be committed he tolerates its commission; and

3. That the offender acts with malice and deliberate intent to

favor the violator of the law
ARTICLE 209 : BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLI-CITOR — REVELATION OF SECRETS
Acts punished:

1. Causing damage to his client, either:

a. By any malicious breach of professional duty; or

b. Inexcusable negligence or ignorance

2. Revealing any of the secrets of his client learned by him in his professional capacity

3. Undertaking the defense of the opposing party in the same case without the consent
of his first client after having undertaken the defense of said first client or after having
received confidential information from said client
SECTION TWO:
BRIBERY
ARTICLE 210 : DIRECT BRIBERY
Acts Punished
1. By agreeing to perform, or by performing in consideration of any offer,
promise, gift or present, an act constituting a crime, in connection with the
performance of official duties.

2. By accepting a gift in consideration of the execution of an act which does not

constitute a crime, in connection with the performance of his official duty.

3. By agreeing to refrain, or by refraining, from doing something which it is his

official duty to do, in consideration of a gift or promise.
Elements of direct bribery:

1. That the offender be a public officer;

2. That the offender accepts an offer or a promise or receives a gift or present by himself or
through another;

3. That such offer or promise be accepted, or gift or present received by the public officer –

a. With a view to committing some crime; or

b. In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust; or

c. To refrain from doing something which it is his official duty to do;

4. That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.
ARTICLE 211 : INDIRECT BRIBERY

1. That the offender is a public officer;

2. That he accepts gifts;
3. That the said gifts are offered to him by
reason of his office.
ARTICLE 211- A : QUALIFIED BRIBERY

1. Public officer entrusted with law enforcement

2. Offender refrains from arresting or prosecuting an

offender who has committed a crime punishable by
reclusion perpetua and/or death

3. Offender refrains in consideration of any promise,

gift or present
ARTICLE 212 : CORRUPTION OF
PUBLIC OFFICIALS
1. That the offender makes, offers or promises or gives
gifts or presents to a public officer; and

2. That the offers or promises are made or the gifts or

presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery
or indirect bribery.
CHAPTER THREE:
FRAUDS AND ILLEGAL
EXACTIONS AND
TRANSACTIONS
ARTICLE 213 : FRAUD AGAINST THE
TREASURY AND SIMILAR OF OFFENSES
Acts Punished
1. By entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud the
Government, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the adjustment
or settlement of accounts relating to public property or funds
2. By demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law, in the
collection of taxes, licenses, fees, and other imposts

3. By failing voluntarily to issue a receipt, as provided by law,

for any sum of money collected by him officially, in the
collection of taxes, licenses, fees and other imposts

4. By collecting or receiving, directly or indirectly, by way of

payment or otherwise, things or objects of a nature different
from that provided by law, in the collection of taxes, licenses,
fees and other imposts
Elements of frauds against public treasury (Par. 1):

1. That the offender be a public officer;

2. That he should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity;

3. That he entered into an agreement with any interested party or speculator or

madeuse of any other scheme with regard to

a. Furnishing supplies

b. The making of contracts, or

c. The adjustment or settlement of accounts relating to public property or funds;

4. That the accused had intent to defraud the Government

Elements of illegal exactions (Pars. 2-4):

1. The offender is a public officer entrusted with the collection of taxes, licenses,
fees and other imposts;

2. He is guilty of any of the following acts or omissions:

a. Demanding, directly or indirectly, the payment of sums different from or

larger than those authorized by law; or

b. Failing voluntarily to issue a receipt, as provided by law, for any sum of

money collected by him officially; or

c. Collecting or receiving, directly or indirectly, by way of payment or otherwise,

things or objects of a nature different from that provided by law.
ARTICLE 214 : OTHER FRAUDS

1. That the offender is a public officer;

2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits
enumerated in Arts. 315 to 318 (estafa, other forms
of swindling, swindling a minor, and other deceits).
ARTICLE 216 : POSSES-SION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
Persons liable:

1. Public officer who, directly or indirectly, became interested in any

contract or business in which it was his official duty to intervene.

2. Experts, arbitrators, and private accountants who, in like manner, took

part in any contract or transaction connected with the estate or property in
the appraisal, distribution or adjudication of which they had acted.

3. Guardians and executors with respect to the property belonging to their

wards or the estate.
CHAPTER FOUR:
MALVERSATION OF
PUBLICFUNDS OR
PROPERTY
ARTICLE 217 : MALVERSATION OF PUBLIC FUNDS
OR PROPERTY: PRESUMPTION OF MALVERSATION
Acts punished:

1. By appropriating public funds or property.

2. By taking or misappropriating the same.

3. By consenting, or through abandonment or negligence, permitting any

other person to take such public funds or property.

4. By being otherwise guilty of the misappropriation or malversation of

such funds or property.
Common elements:

1. That the offender be a public officer.

2. That he had custody or control of funds or property by

reason of the duties of his office

3. That those funds or property were public funds or property

for which he was accountable

4. That he appropriated, took, misappropriated or consented,

or through abandonment or negligence, permitted another
person to take them.
ARTICLE 218 : FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
1. That the offender is a public officer, whether in the service or
separated therefrom.

2. That he must be an accountable officer for public funds or property.

3. That he is required by law or regulation to render accounts to the

Commission on Audit, or to a provincial auditor.

4. That he fails to do so for a period of two months after such accounts

should be rendered.
Malversation of Public Funds by Private Individual:

1. When a private person conspired with a public

officer to commit malversation.

2. When he is an accomplice or accessory.

3. Where a private person was constituted a custodian

in whatever capacity even without a public officer
involved and he misappropriated the same.
ARTICLE 219 : FAILURE OF RESPONSIBLE PUBLIC OFFICER
TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY

1. That the offender is a public officer;

2. That he must be an accountable officer for public funds or

property;

3. That he must have unlawfully left (or be on the point of

leaving) the Philippines without securing from the Commission
on Audit a certificate showing that his accounts have been
finally settled.
ARTICLE 220 : ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY (Technical Malversation)
1. That the offender is a public officer;

2. That there is a public fund or property under his administration;

3. That such public fund or property has been appropriated by law

or ordinance;

4. That he applies the same to a public use other than that for
which such funds or property has been appropriated by law or
ordinance.
ARTICLE 221 : FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

Acts Punished

1. By failing to make payment by a public officer who is under obligation to make such payment
from Government funds in his possession.

Elements:

a. Public officer has government funds in his possession.

b. He is under obligation to make payment from such funds.

c. He fails to make the payment, maliciously.

2. By refusing to make delivery by a public officer who has been ordered by competent authority
to deliver any property in his custody or under his administration
ARTICLE 222 : OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
Private individuals who may be liable under Art. 217-221:

1. Private individuals who, in any capacity whatsoever, have

charge of any national, provincial or municipal funds, revenue
or property

2. Administrator, deposi-tory of funds or property attached,

seized, or deposited by public authority even if such property
belongs to a private individual (example: sheriffs and receivers)
 CHAPTER FIVE:
INFIDELITY OF PUBLIC
OFFICERS
 SECTION ONE:
DISOBEDIENCE, REFUSAL OF
ASSISTANCE, AND
MALTREATMENT OF
PRISONERS
ARTICLE 223 : CONNIVING WITH OR
CONSENTING TO EVASION
1. That the offender is a public officer;

2. That he had in his custody or charge, a prisoner, either

detention prisoner or prisoner by final judgment;

3. That such prisoner escaped from his custody;

4. That he was in connivance with the prisoner in the latter’s

escape.
Classes of prisoner involved:

1. If the fugitive has been sentenced by final judgment

to any penalty.

2. If the fugitive is held only as detention prisoner for

any crime or violation of law or municipal ordinance
ARTICLE 224 : EVASION THROUGH
NEGLIGENCE
1. That the offender is a public officer;

2. That he is charged with the conveyance or custody

of a prisoner, either detention prisoner or prisoner by
final judgment;

3. That such prisoner escapes through his negligence

ARTICLE 225 : ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER
1. That the offender is a private person;

2. That the conveyance or custody of a prisoner or person under

arrest is confided to him;

3. That the prisoner or person under arrest escapes;

4. That the offender consents to the escape of the prisoner or

person under arrest, or that the escape takes place through his
negligence.
ARTICLE 226 : REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS (Infidelity in the Custody of
Documents)

1. That the offender be a public officer;

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

3. That the said documents or papers should have been

entrusted to such public officer by reason of his office;

4. That damage, whether serious or not, to a third party or to

the public interest should have been caused
ARTICLE 227 : OFFICER BREAKING SEAL
1. That the offender is a public officer;

2. That he is charged with the custody of papers or

property;

3. That these papers or property are sealed by proper

authority;

4. That he breaks the seals or permits them to be broken.

ARTICLE 228 : OPENING OF CLOSED DOCUMENTS

1. That the offender is a public officer.

2. That any closed papers, documents, or objects are

entrusted to his custody.

3. That he opens or permits to be opened said closed

papers, documents, or objects.

4. That he does not have the proper authority

ARTICLE 229 : REVELATION OF
SECRETS BY AN OFFICER
Acts punished:

1. By revealing any secret known to the offending public

officer by reason of his official capacity.

2. By delivering wrongfully papers or copies of papers of

which he may have charge and which should not be
published.
Elements of No. 1:

1. That the offender is a public officer;

2. That he knows of the secret by reason of his official

capacity;

3. That he reveals such secret without authority or

justifiable reasons;

4. That damage, great or small, be caused to public

interest.
Elements of No. 2:

1. That the offender is a public officer;

2. That he has charge of papers;

3. That those papers should not be published;

4. That he delivers those papers or copies thereof to a

third person;

5. That the delivery is wrongful; and 6. That damage be

caused to public interest
ARTICLE 230 : PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL

1. That the offender is a public officer;

2. That he knows of the secrets of a private individual

by reason of his office;

3. That he reveals such secrets without authority or

justifiable reason
 CHAPTER SIX:
OTHER OFFENSES OR
IRREGULARITIES BY
PUBLIC OFFICERS
 SECTION ONE:
DISOBEDIENCE, REFUSAL OF
ASSISTANCE AND
MALTREATMENT OF
PRISONERS
ARTICLE 231 : OPEN DISOBEDIENCE

1. That the offender is a judicial or executive officer;

2. That there is a judgment, decision or order of a superior authority;

3. That such judgment, decision or order was made within the scope of
the jurisdiction of the superior authority and issued with all legal
formalities;

4. That the offender without any legal justification openly refuses to

execute said judgment, decision or order, which he is duty bound to obey
ARTICLE 232 : DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER
WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER

1. That the offender is a public officer;

2. That an order is issued by his superior for execution;

3. That he has for any reason suspended the execution of such order;

4. That his superior disapproves the suspension of the execution of the

order;

5. That the offender disobeys his superior despite the disapproval of the
suspension.
ARTICLE 233 : REFUSAL OF ASSISTANCE

1. That the offender is a public officer.

2. That a competent authority demands from the

offender that he lends his cooperation towards the
administration of justice or other public service.

3. That the offender fails to do so maliciously.

ARTICLE 234 : REFUSAL TO DISCHARGE
ELECTIVE OFFICE
1. That the offender is elected by popular election to a
public office;

2. That he refuses to be sworn in or to discharge the

duties of said office; and

3. That there is no legal motive for such refusal to be

sworn in or to discharge the duties of said office.
ARTICLE 235 : MALTREATMENT OF
PRISONERS
1. That the offender is a public officer or employee;

2. That he has under his charge a prisoner convicted by

final judgment or a detention prisoner;

3. That he maltreats such prisoner in either of the

following manners:
a. By overdoing himself in the correction handling of a
prisoner or detention prisoner under his charge either:

i. by the imposition of punishments not authorized

by the regulations, or

ii. by inflicting such punishments (those

authorized) in a cruel and humiliating manner; or

b. By maltreating such prisoner to extort a confession

or to obtain some information from the prisoner.
 SECTION TWO:
ANTICIPATION, PROLONGATION
AND ABANDONMENT OF THE
DUTIES AND POWERS OF PUBLIC
OFFICE
ARTICLE 236 : ANTICIPATION OF DUTIES OF A PUBLIC OFFICE

1. That the offender is entitled to hold a public office or

employment, either by election or appointment;

2. That the law requires that he should first be sworn in and/or

should first give a bond;

3. That he assumes the performance of the duties and powers

of such office;

4. That he has not taken his oath of office and/or given the
bond required by law.
ARTICLE 237 : PROLONGING PERFORMANCE
OF DUTIES AND POWERS
1. That the offender is holding a public office;

2. That the period provided by law, regulations or

special provisions for holding such office, has already
expired;

3. That he continues to exercise the duties and powers

of such office
ARTICLE 238 : ABANDONMENT OF
OFFICE
1. That the offender is a public officer;

2. That he formally resigns from his position; · There must be

written or formal resignation

3. That his resignation has not yet been accepted;

4. That he abandons his office to the detriment of the public

service.
Qualifying circumstance – when the abandonment
of the office has for its purpose to evade the discharge
of the duties of preventing, prosecuting or punishing
any of the crimes falling within Title 1 and Chapter 1
Title 3 of Book 2 of this Code
SECTION THREE:
USURPATION OF POWERS
AND UNLAWFUL
APPOINTMENT
ARTICLE 239 : USURPATION OF LEGISLATIVE POWER

1. That the offender is an executive or judicial officer;

2. That he:

a. Makes general rules or regulations beyond the

scope of his authority or

b. Attempts to repeal a law or

c. Suspends the execution thereof

ARTICLE 240 : USURPATION OF EXECUTIVE FUNCTIONS

1. That the offender is a judge;

2. That he:

a. Assumes a power pertaining to the executive

authorities; or

b. Obstructs the executive authorities in the

lawful exercise of their powers
ARTICLE 241 : USURPATION OF JUDICIAL FUNCTIONS

1. That the offender is an officer of the executive

branch of the Government;

2. That he:

a. Assumes judicial powers; or

b. Obstructs the execution of any order or decision

rendered by any judge within his jurisdiction
ARTICLE 242 : DISOBEYING REQUEST FOR
DISQUALIFICATION
1. That the offender is a public officer;

2. That a proceeding is pending before such public officer;

3. That there is a question brought before the proper authority regarding

his jurisdiction, which is not yet decided;

4. That he has been lawfully required to refrain from continuing the

proceeding;

5. That he continues the proceeding

ARTICLE 243 : ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

1. That the offender is an executive officer;

2. That he addresses any order or suggestion to any

judicial authority;

3. That the order or suggestion relates to any case or

business coming within the exclusive jurisdiction of the
courts of justice
ARTICLE 244 : UNLAWFUL APPOINTMENTS
1. That the offender is a public officer;

2. That he nominates or appoints a person to a public

office;

3. That such person lacks the legal qualifications therefor;

4. That the offender knows that his nominee or appointee

lacks the qualification at the time he made the nomination
or appointment
SECTION FOUR:
ABUSES AGAINST
CHASTITY
ARTICLE 245 : ABUSES AGAINST CHASTITY – PENALTIES
Ways of committing abuses against chastity:

1. By soliciting or making immoral or indecent advances to a woman interested

in the matters pending before the offending officer for decision, or with respect
to which he is required to submit a report to or consult with a superior officer.

2. By soliciting or making immoral or indecent advances to a woman under the

offender’s custody.

3. By soliciting or making immoral or indecent advances to the wife, daughter,

sister or relative within the same degree by affinity of any person in the custody
of the offending warden or officer.
Elements:

1. That the offender is a public officer;

2. That he solicits or makes immoral or indecent advances to a woman;

3. That such woman must be:

a. Interested in matters pending before the offender for decision, or with respect to
which he is required to submit a report to or consult with a superior officer; or

b. Under the custody of the offender who is a warden or other public officer directly
charged with the care and custody of prisoners or persons under arrest; or

c. The wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
TITLE EIGHT:
CRIMES AGAINST
PERSONS
 SECTION ONE:
PARRICIDE, MURDER,
HOMICIDE
ARTICLE 246 : PARRICIDE
1. That a person is killed;

2. That the deceased is killed by the accused; and

3. That the deceased is the father, mother, or child,

whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate
spouse, of the accused
Cases of parricide when the penalty shall NOT be
reclusion perpetua to death:

• Parricide through negligence (Art. 365).

• Parricide by mistake (Art. 249).

• Parricide under exceptional circumstances (Art. 247).

• The child should not be less than 3 days old;

otherwise the crime is infanticide (Art. 255)
ARTICLE 247 : DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES
1. That a legally married person or a parent surprises his spouse or his
daughter, the latter under 18 years of age and living with him, in the act
of committing sexual intercourse with another person;

2. That he or she kills any or both of them, or inflicts upon any or both of
them any serious physical injury, in the act or immediately thereafter;
and

3. That he has not promoted or facilitated the prostitution of his wife or

daughter, or that he or she has not consented to the infidelity of others
ARTICLE 248 : MURDER
Murder – unlawful killing of any person which is not parricide or infanticide,
provided that any of the following circumstances is present:

1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employs means to weaken the defense, or of means or persons to
insure or afford impunity;

2. In consideration of a price, reward or promise;

3. By means of inundation, fire, poison, shipwreck, stranding of a vessel,

derailment or assault upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;

5. With evident premeditation; or

6. With cruelty, by deliberately and Inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse. (As amended by RA No. 7659)
Elements:

1. That a person was killed;

2. That the accused killed him;

3. That the killing was attended by any of the qualifying

circumstances mentioned in Art. 248; and

4. That the killing is not parricide or infanticide

Rules for the application of the circumstances which qualify the killing
to murder:

1. That murder will exist with only one of the circumstances described in Art.
248.

2. Where there are more than one qualifying circumstance present, only one
will qualify the killing, with the rest to be considered as generic aggravating
circumstances.

3. That when the other circumstances are absorbed or included in one qualifying
circumstance, they cannot be considered as generic aggravating.

4. That any of the qualifying circumstances enumerated in Art. 248 must be

alleged in the information.
ARTICLE 249 : HOMICIDE
Elements:

1. That a person was killed;

2. That the accused killed him without any justifying circumstance;

3. That the accused had the intention to kill, which is presumed;

and

4. That the killing was not attended by any of the qualifying

circumstances of murder, or by that of parricide or infanticide.
ARTICLE 250 : PENALTY FOR FRUSTRATED
PARRICIDE, MURDER, OR HOMICIDE

• Courts may impose a penalty two degrees lower for

frustrated parricide, murder or homicide.

• Courts may impose a penalty three degrees lower

for attempted parricide, murder or homicide.

• This provision is permissive NOT MANDATORY.

ARTICLE 251 : DEATH CAUSED IN A
TUMULTUOUS AFFRAY

1. That there be several persons;

2. That they did not compose groups organized for the

common purpose of assaulting and attacking each
other reciprocally, otherwise, they may be held liable
as co-conspirators;
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner;

4. That someone was killed in the course of the affray;

5. That it cannot be ascertained who actually killed the

deceased; and

6. That the person or persons who inflicted serious

physical injuries or who used violence can be
identified.
Persons liable:
1. The person or persons who inflicted the
serious physical injuries are liable.
2. If it is not known who inflicted the serious
physical injuries on the deceased – ALL the
persons who used violence upon the person of
the victim are liable, but with lesser liability.
ARTICLE 252 : PHYSICAL INJURIES
INFLICTED IN A TUMULTUOUS AFFRAY
1. That there is a tumultuous affray as referred to in Art. 251;

2. That a participant or some participants thereof suffer serious

physical injuries or physical injuries of a less serious nature only;

3. That the person responsible therefor cannot be identified; and

4. That all those who appear to have used violence upon the person
of the offended party are known.
ARTICLE 253 : GIVING ASSISTANCE
TO SUICIDE
Acts punished:

1. By assisting another to commit suicide, whether the

suicide is consummated or not;

2. By lending his assistance to another to commit

suicide to the extent of doing the killing himself.
ARTICLE 254 : DISCHARGE OF
FIREARMS
1. That the offender discharges a firearm
against or at another person; and
2. That the offender has no intention to kill
that person.
SECTION TWO:
INFANTICIDE AND
ABORTION
ARTICLE 255: INFANTICIDE
Elements:

1. That a child was killed;

2. That the deceased child was less than three days (72 hours) of age; and

3. That the accused killed the said child.

Person liable in Intentional Abortion:

1. The person who intentionally caused the abortion under Art. 256;

2. The pregnant woman if she consented under Art. 258.

ARTICLE 256 : INTENTIONAL ABORTION
Ways of Committing Intentional Abortion:

1. By using any violence upon the person of the pregnant

woman;

2. By acting, without using violence and without the consent of

the woman (by administering drugs or beverages upon such
pregnant woman without her consent; and

3. By acting, with the consent of the pregnant woman, by

administering drugs or beverages.
Elements:

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages

administered, or that the accused otherwise acts upon such
pregnant woman;

3. That as a result of the use of violence or drugs or beverages

upon her, or any other act of the accused, the fetus dies, either
in the womb or after having been expelled therefrom; and

4. That the abortion is intended.

SECTION TWO:
INFANTICIDE AND
ABORTION
ARTICLE 257 : UNINTENTIONAL ABORTION
1. That there is a pregnant woman;

2. That violence is used upon such pregnant woman

without intending an abortion;

3. That the violence is intentionally exerted; and

4. That as a result of the violence, the fetus dies, either

in the womb or after having been expelled therefrom.
ARTICLE 258 : ABORTION PRACTICED BY THE
WOMAN HERSELF OR HER PARENTS
1. That there is a pregnant woman who has suffered an abortion;

2. That the abortion is intended; and

3. That the abortion is caused by –

a. The pregnant woman herself;

b. Any other person, with her consent; or

c. Any of her parents, with her consent, for the purpose of concealing her
dishonor.
ARTICLE 259 : ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF ABORTIVES
Elements:

1. That there is a pregnant woman who has suffered an abortion;

2. That the abortion is intended;

3. That the offender, who must be a physician or midwife, causes,

or assists in causing the abortion; and

4. That said physician or midwife takes advantage of his or her

scientific knowledge or skill.
As to PHARMACISTS, the ELEMENTS are:

1. That the offender is a pharmacist;

2. That there is no proper prescription from a
physician; and
3. That the offender dispenses any abortive
SECTION THREE:
DUEL
ARTICLE 260 : RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Acts punished:

1. By killing one’s adversary in a duel;

2. By inflicting upon such adversary physical injuries; and

3. By making a combat although no physical injuries have been inflicted.

Persons liable:

1. The person who killed or inflicted physical injuries upon his adversary or both
combatants in any other case, as principals.

2. The seconds, as accomplices

ARTICLE 261 : CHALLENGING TO A DUEL
Acts Punished

1. By challenging another to a duel;

2. By inciting another to give or accept a challenge to a duel; and

3. By scoffing or decrying another publicly for having refused to accept a

challenge to fight a duel.

Persons liable:

1. Challenger

2. Instigators
CHAPTER TWO:
PHYSICAL INJURIES
ARTICLE 262 : MUTILATION

Two kinds:

1. By intentionally mutilating another by depriving him, either totally or partially, of some

essential organ for reproduction (castration).

Elements:

a. That there be castration, that is, mutilation of organs necessary for generation, such as
penis or ovarium; and

b. That the mutilation is caused purposely and deliberately, that is, to deprive the offended
party of some essential organ for reproduction.

2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body
of the offended party, other than the essential organ for reproduction, to deprive him of that part
of the body (mayhem)
ARTICLE 263 : SERIOUS PHYSICAL INJURIES

How committed:

1. By wounding;

2. By beating;

3. By assaulting; or

4. By administering injurious substance.

Serious physical injuries

1. When the injured person becomes insane, imbecile, impotent or

blind in consequence of the physical injuries inflicted;

2. When the injured person –

a. Loses the use of speech or the power to hear or to smell, or

loses an eye, a hand, a foot, an arm, or a leg;

b. Loses the use of any such member; or

c. Becomes incapacitated for the work in which he was therefore

habitually engaged, in consequence of the physical injuries inflicted.
3. When the person injured –

a. Becomes deformed, or

b. Loses any other member of his body, or

c. Loses the use thereof, or

d. Becomes ill or incapacitated for the performance of the work in which

he was habitually engaged for more than 90 days, in consequence of the
physical injuries inflicted.

4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the physical
injuries inflicted.
Requisites of deformity:

1. Physical ugliness;

2. Permanent and definite abnormality; and

3. Must be conspicuous and visible.

Qualifying Circumstances:

1. Offense committed against persons enumerated in the crime of

parricide.

2. With the attendance of circumstance which qualify the crime to

murder.
ARTICLE 264 : ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
1. That the offender inflicted upon another any
serious physical injury;

2. That it was done by knowingly administering to him

any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity; and

3. That he had no intent to kill.

ARTICLE 265 : LESS SERIOUS
PHYSICAL INJURIES
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs
attendance for the same period; and

2. The physical injuries must not be those described in

the preceding articles.
Qualified Less Serious Physical Injuries:

1. A fine not exceeding P500, in addition to arresto

mayor, shall be imposed for less serious physical
injuries when:

a. There is manifest intent to insult or offend the

injured person; or

b. There are circumstances adding ignominy to the

offense.
2. A higher penalty is imposed when the victim is either:

a. The offender’s parent, ascendant, guardian, curator or

teacher; or

b. Persons of rank or persons in authority, provided the

crime is not direct assault.

The law includes 2 subdivisions, to wit:

1. The inability for work; and

2. The necessity for medical attendance

ARTICLE 266 : SLIGHT PHYSICAL INJURIES AND MALTREATMENT

Kinds:

1. Physical injuries which incapacitated the offended party from one

to nine days, or required medical attendance during the same
period;

2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance; and

3. Ill-treatment of another by deed without causing any injury.

 REPUBLIC ACT NO. 8049
ANTI-HAZING LAW
Hazing – is an initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish, and similar
activities or otherwise subjecting him to physical or psychological
suffering or injury. acts are punishable: All acts so long as it caused
physical injuries at the very least.
Persons liable:

1. Officers and members of the fraternity, sorority or

organization who actually participated in the infliction of
physical harm shall be liable as principals – if the person
subjected to hazing suffers any physical injury or dies as a
result thereof.

2. Owner of the place where the hazing is conducted shall be

liable as an accomplice – when he has actual knowledge of the
hazing conducted therein but failed to take any action to
prevent the same from occurring.
3. Parents shall be liable as principals – when they have actual
knowledge of the hazing conducted in the home of one of the
officers or members of the fraternity, sorority or organization,
but failed to prevent the same.

4. School authorities and faculty members shall be liable as

accomplices - when they consent to the hazing or have actual
knowledge thereof, but failed to take any action to prevent the
same from occurring.

5. Officers, former officers or alumni of the organization,

group, fraternity or sorority shall be liable as principals - if they
actually planned the hazing, although not present when the
acts constituting the hazing were committed.

6. Officers or members of the organization, group, fraternity or

sorority shall be liable as principals - if they knowingly
cooperated in carrying out the hazing by inducing the victim to
be present thereat.

7. The fraternity or sorority’s adviser shall be liable as principal

- if he was present when the acts constituting the hazing were
committed and failed to take any action to prevent the same.
CHAPTER THREE:
RAPE
ARTICLE 266-A : ANTI-RAPE LAW
Classification of Rape
1. Traditional Rape under Art. 335- carnal knowledge with a woman
against her will; in this case, the offender is always a man and the
offended party is always a woman.

2. Sexual Assault under R.A. 8353- this is committed when the offender
inserts his penis to another person’s mouth or anal orifice or by inserting
an instrument or object into the genital or anal orifice of another person.
The offender and theoffender can either be a man or a woman in the
case of the insertion of any instrument or object.
How rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;

c. By means of fraudulent machinations or grave abuse of authority;

d. When the offended party is under twelve (12) years of age or is

demented, even though none of the circumstances mentioned above be
present.
Elements:
a. That the offender is a man;

b. That the offender had carnal knowledge of a woman;

c. That such act is accomplished under any of the following

circumstances:

i. By using force or intimidation, or

ii. When the woman is deprived of reason or otherwise

unconscious, or
 iii. By means of fraudulent machination or grave abuse of
authority, or

iv. When the woman is under 12 years of age or

demented.

2. By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person’s mouth or
anal orifice of another person, or any instrument or object,
into the genital or anal orifice of another person.
Elements:
a. That the offender commits an act of sexual assault;

b. That the act of sexual assault is committed by any of the following

means:

i. By inserting his penis into another person’s mouth or anal orifice;

ii. By inserting any instrument or object into the genital or anal

orifice of another person

c. That the act of sexual assault is accomplished under any of the

circumstances enumerated under the first act of committing rape.
ARTICLE 266-B : QUALIFIED RAPE
Rape under both acts of committing it is qualified by the following:

Note: Rape is punishable by death if it falls under any of 4-14 circumstances.

1. When rape is committed with the use of a deadly weapon or by

two or more persons;

2. When by reason or occasion of rape, the victim has become insane;

3. When the rape is attempted and a homicide is committed by reason

of or on the occasion of rape (special complex crime);
4. When by reason of or on occasion of rape, homicide is committed
(special complex crime)

5. When the victim is under 18 years of age and the offender is a parent,
ascendant, stepparent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common law spouse of the parent of
the victim;

6. When the victim is under the custody of the police or military

authorities or any law enforcement or penal institution;

7. When the rape is committed in full view of the spouse, parent, or any
of the children or other relatives within the third civil degree of
consanguinity;
8. When the victim is a religious engaged in legitimate religious vocation
or calling and is personally known to be such by the offender before or at
the time of the commission of the crime;

9. When the victim is a child below 7 years old;

10. When the offender knows that he is afflicted with HIV/AIDS or any
other sexually transmissible disease and the virus or disease is
transmitted to the victim;

11. When committed by any member of the AFP or paramilitary units

thereof of the PNP or any law enforcement agency or penal institution,
when the offender took advantage of his position to facilitate the
commission of the crime;
12. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;

13. When the offender knew of the pregnancy of the offended party at
the time of the commission of the crime;

14. When the offender knew of the mental disability, emotional disorder
and/or physical disability of the offended party at the time of the
commission of the crime.
ARTICLE 266-C : EFFECT OF PARDON
Effects of pardon:

1. The subsequent valid marriage between the

offender and the offended party shall extinguish:

a. The criminal action or

b. The penalty already imposed.

2. The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the
penalty, PROVIDED that the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio.

(This is an exception to the rule that forgiveness by

the offended party shall not extinguish the penal action
in crimes against person)
ARTICLE 266-D : PRESUMPTIONS
Evidence which may be accepted in the prosecution
of rape:

1. Any physical overt act manifesting resistance

against the act of rape in any degree from the
offended party; or

2. Where the offended party is so situated as to render

him/her incapable of giving his/her consent
 TITLE NINE:
CRIMES AGAINST
PERSONAL LIBERTY
AND SECURITY
SECTION ONE:
ILLEGAL
DETENTION
ARTICLE 267 : KIDNAPPING AND
SERIOUS ILLEGAL DETENTION
Elements: (PICK)

1. That the offender is a private individual who is not any of

the parents of the victim nor a female;

2. That he kidnaps or detains another, or in any other manner

deprives the latter of his liberty;

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

4. That in the commission of the offense, any Of the following
circumstances is present:

a. That the kidnapping or detention lasts for more than 3

days; or

b. That it is by committed simulating public authority; or

c. That any serious physical injuries are inflicted upon the

person kidnapped or detained or threats to kill him are made;
or

d. That the person kidnapped or detained

Qualifying circumstances: Death Penalty is imposed (KERT)

a. If the purpose is to extort ransom

b. When the victim is killed or dies a consequence of

the detention;

c. When the victim is raped; or

d. When the victim is subjected to torture or

dehumanizing act.
ARTICLE 268 : SLIGHT ILLEGAL DETENTION
Elements: (PIKO)

1. That the offender is a private individual;

2. That he kidnaps or detains another, or in any manner

deprives him of his liberty;

3. That the act of kidnapping or detention is illegal;

4. That the crime is committed without the attendance of the

circumstances enumerated in Art. 267.
Liability is mitigated when the following
circumstances concur: (VOB)

1. Offender voluntarily releases the person so

kidnapped or detained within three days from the
commencement of the detention.

2. Without having attained the purpose intended; and

3. Before the institution of criminal proceedings

against him.
ARTICLE 269 : UNLAWFUL ARREST
1. That the offender arrests or detains another
person
2. That the purpose of the offender is to deliver him
to the proper authorities
3. That the arrest or detention is unauthorized by
law or there is no reasonable ground therefor.
SECTION TWO:
KIDNAPPING OF
MINORS
ARTICLE 270 : FAILURE TO
RETURN A MINOR
1. That the offender is entrusted with the
custody of a minor person (less than 18 years
old);
2. That he deliberately fails to restore the said
minor to his parents or guardian
ARTICLE 271 : INDUCING A MINOR
TO ABANDON HIS HOME
1. That a minor (less than 18 years old) is living
in the home of his parents or guardian or the
person entrusted with his custody;
2. That the offender induces said minor to
abandon such home
SECTION THREE:
SLAVERY AND
SERVITUDE
ARTICLE 272 : SLAVERY (PE)
1. That the offender purchases, sells, kidnaps or detains a
human being;

2. That the purpose of the offender is to enslave such

human being.

Qualifying circumstance:

When the purpose of the offender is to assign the

offended party to some immoral traffic.
ARTICLE 273 : EXPLOITATION OF CHILD LABOR
(RAR-age)

1. That the offender retains a minor in his service;

2. That it is against the will of the minor;

3. That it is under pretext of reimbursing himself of a

debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor.
ARTICLE 274 : SERVICES RENDERED UNDER
COMPULSION IN PAYMENT
(CAP)
1. That the offender compels a debtor to work for him,
either as household servant or farm laborer;

2. That it is against the debtor’s will;

3. That the purpose is to require or enforce the payment

of a debt.
CHAPTER TWO:
CRIMES AGAINST
SECUIRTY
 SECTION ONE:
ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION
OF MINORS
ARTICLE 275 : ABANDONMENT OF PERSONS IN
DANGER AND ABANDONMENT OF ONE’S OWN
VICTIM

Acts punished:
1. By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in
danger of dying when he can render such assistance
without detriment to himself, unless such omission shall
constitute a more serious offense.
Elements: (UWOF)

a. The place is uninhabited;

b. The accused found there a person wounded or in

danger of dying;

c. The accused can render assistance without

detriment to himself;

d. The accused fails to render assistance.

2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured.

3. By failing to deliver a child under seven years of age

whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to
a safe place
ARTICLE 276 : ABANDONING A MINOR
(SCAN)

1. That the offender has the custody of a child;

2. That the child is under seven years of age.

3. That he abandons such child;

4. That he has no intent to kill the child when the latter

is abandoned.
Circumstances Qualifying the Offense:
(DD)

1. When the death of the minor resulted

from such abandonment; or
2. If the life of the minor was in danger
ARTICLE 279 : ADDITIONAL
PENALTIES FOR OTHER OFFENSES
(Imposition of the penalties prescribed in the
preceding articles (Art 275-278) shall not prevent
the imposition upon the same person of the
penalty provided for any other felonies defined
and punished under the Code.)
SECTION TWO :
TRESPASS TO
DWELLING
ARTICLE 280 : QUALIFIED TRESPASS TO
DWELLING (PEA)
1. That the offender is a private person;

2. That he enters the dwelling of another;

3. That such entrance is against the latter’s will.

Qualifying Circumstance: If committed by means of

violence/intimidation.
Rule: Whoever enters the dwelling of another at late hour of the
night after the inmates have retired and closed their doors does so
against their will. Prohibition in this case is presumed.

Cases to which the provision of this article is NOT applicable:

1. If the entrance to another’s dwelling is made for the purpose of

preventing some serious harm to himself, the occupants of the dwelling
or a third person.

2. If the purpose is to render some service to humanity or justice.

3. If the place where entrance is made is a café, tavern, inn and other
public house, while the same are open.
ARTICLE 281 : OTHER FORMS OF TRESPASS
(CUMN)

1. That the offender enters the closed premises or the fenced

estate of another

2. That the entrance is made while either of them is uninhabited;

3. That the prohibition to enter be manifest;

4. That the trespasser has not secured the permission of the owner
or the caretaker thereof.
SECTION THREE:
THREATS AND
COERCION
ARTICLE 282 : GRAVE THREATS
Acts punished:

1. By threatening another with the infliction upon his

person, honor, or property or that of his family of any
wrong amounting to a crime and demanding money or
imposing any other condition even though not
unlawful, and the offender attained his purpose (with
condition)
2. By making such threat without the offender attaining his
purpose. (with condition; elements for this act are the same
with the first except that the purpose is not attained.)

3. By threatening another with the infliction upon his person,

honor or property or that of his family of any wrong amounting
to a crime, the threat not being subject to a condition.
(without condition)

Qualifying Circumstance: If threat was made in writing or

through a middleman.
Elements of Grave Threats where the offender attained his
purpose: (TCDA)

1. That the offender threatens another person with the

infliction upon the latter’s person, honor or property, or upon
that of the latter’s family, of any wrong;

2. That such wrong amounts to a crime;

3. That there is a demand for money or that any other

condition is imposed, even though not unlawful;

4. That the offender attains his purpose.

 Elements of Grave Threats NOT subject to a
condition: (TCN)

1. That the offender threatens another person with the

infliction upon the latter’s person, honor, or property,
or upon that of the latter’s family, of any wrong.

2. That such wrong amounts to a crime.

3. That the threat is not subject to a condition.

ARTICLE 283 : LIGHT THREATS (TNDA/N)
1. That the offender makes a threat to commit a wrong;

2. That the wrong does not constitute a crime;

3. That there is a demand for money or that other

condition is imposed even though not unlawful;

4. That the offender has attained his purpose or, that he

has not attained his purpose
ARTICLE 284 : BOND FOR GOOD BEHAVIOR
When a person is required to give bail bond:

1. When he threatens another under the

circumstances mentioned in Art. 282.
2. When he threatens another under the
circumstances mentioned in Art. 283
ARTICLE 286 : GRAVE COERCION
Two Ways of Committing Grave Coercion: (PC)

1. By preventing another by means of violence, threats

or intimidation, from doing something not prohibited
by law. (Preventive)

2. By compelling another, by means of violence,

threats or intimidation, to do something against his
will, whether it be right or wrong. (Compulsive)
When PREVENTING is not considered Coercion:
• Under Art. 132: When a public officer prevents the
ceremonies of a religious group.

• Under Art. 143: When a person prevents the meeting of a

legislative assembly.

• Under Art. 145: When a person prevents a member of

Congress from attending meetings, expressing his opinions or
casting his vote through the use of force or intimidation.
When PRISION MAYOR shall be imposed: (VCP)
1. If the coercion is committed in violation of the
exercise of the right of suffrage.
2. If the coercion is committed to compel another
to perform any religious act.
3. If the coercion is committed to prevent another
from performing any religious act.
When COMPELLING is not considered Coercion:

• Under Art. 127: When a public officer compels

a person to change his residence.
• Under Art. 267: When a person kidnaps his
debtor to compel him to pay.
Elements: (PCVN)

1. That a person prevented another from doing something not

prohibited by law, or by compelling him to do something against
his will, be it right or wrong;

2. That the prevention or compulsion be effected by violence,

threats or intimidation.

3. That the person that restrained the will and liberty of another
has no right to do so, or in other words, that the restraint is not
made under authority of law or in the exercise of any lawful
right.
ARTICLE 287 : LIGHT COERCION (CSVP)
1. That the offender must be a creditor;

2. That he seizes anything belonging to his debtor;

3. That the seizure of the thing be accomplished by means

of violence or a display of material force producing
intimidation;

4. That the purpose of the offender is to apply the same to

the payment of the debt.
Unjust Vexation (2nd par.)
Includes any human conduct that, although not productive
of some physical or material harm, could unjustifiably annoy
or vex an innocent person.

The paramount question to be considered is whether the

offender’s act caused annoyance, irritation, torment,
distress, or disturbance to the mind of the person to whom it
was directed
ARTICLE 288 : OTHER SIMILAR COERCIONS
(COMPULSORY PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF TOKENS)
Prohibited acts:

1. Forcing or compelling, directly or indirectly, or

knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
Elements:

a. That the offender is any person, agent or officer of any

association or corporation.

b. That he or such firm or corporation has employed laborers or

employees

c. That he forces or compels, directly or indirectly, or knowingly

permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any kind
from him or from said firm or corporation
2. Paying the wages due his laborer or employee by means of tokens or
objects other than the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee

Elements:

a. That the offender pays the wages due a laborer or employee

employed by him by means of tokens or objects

b. That those tokens or objects are other than the legal tender currency
of the Philippines.

c. That such employee or laborer does not expressly request that he be

paid by means of tokens or objects.
ARTICLE 289 : FORMATION, MAINTENANCE, &
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
3. That the offender employs violence or threats, in such a
degree as to compel or force the laborers or employers in
the free and legal exercise of their industry or work;

4. That the purpose is to organize, maintain or prevent

coalitions of capital or laborers or lockout of employers
CHAPTER THREE:
DISCOVERY AND
REVELATION OF
SECRETS
ARTICLE 290 : DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE (PSID)
1. That the offender is a private individual or even a public officer not in the
exercise of his official function;

2. That he seizes the papers or letters of another;

3. That the purpose is to discover the secrets of such other person;

4. That the offender is informed of the contents of the papers or letters seized.

Qualifying Circumstance: Offender reveals the contents of such paper or letter

of another to a third person
ARTICLE 291 : REVEALING SECRETS
WITH ABUSE OF OFFICE (MLR)
1. That the offender is a manager, employee or
servant;

2. That he learns the secrets of his principal or master

in such capacity;

3. That he reveals such secrets

ARTICLE 292 : REVELATION OF INDUSTRIAL
SECRETS (MSRP)
1. That the offender is a person in charge, employee or
workman of a manufacturing or industrial establishment;

2. That the manufacturing/industrial establishment has a

secret of the industry which the offender has learned;

1. That the offender reveals such secrets;

2. That prejudice is caused to the owner.

ARTICLE 293 : WHO ARE GUILTY OF ROBBERY
Robbery – is the taking of personal property belonging to
another, with intent to gain, by means of violence against, or
intimidation of any person, or using force upon anything.

Classification of Robbery:

1. Robbery with violence against, or intimidation of persons

(Arts. 294, 297 and 298).

2. Robbery by use of force upon things (Arts. 299 and 302).

Elements of Robbery in general:

1. That there be personal property (bienes muebles) belonging

to another;

2. That there is unlawful taking (apoderamiento or

asportacion) of that property;

3. That the taking must be with intent to gain (animus

lucrandi);

4. That there is violence against or intimidation of any person

or force used upon things.
 TITLE TEN:
CRIMES AGAINST
PROPERTY
 SECTION ONE:
ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION
OF PERSONS
ARTICLE 294 : ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS
Acts Punished under this Article:
1. (a) When by reason or on occasion of the robbery, the crime of
homicide is committed;

(b) or when the robbery is accompanied by rape or intentional

2. When by reason or on occasion of such robbery any of the physical

injuries resulting in insanity, imbecility, impotency or blindness is
inflicted. (subdivision 1 of Art. 263)
3. When by reason or on occasion of robbery, any of the
physical injuries penalized in subdivision 2 of Art. 263 is
inflicted.
When the person injured

a. Loses the use of speech or the power to hear or to smell, or

loses an eye, a hand, a foot, an arm, or a leg;

b. Loses the use of any such member; or c. Becomes

incapacitated for the work in which he was therefore habitually
engaged, in consequence of the physical injuries inflicted;
4. (a) If the violence or intimidation employed in the
commission of the robbery is carried to a degree clearly
unnecessary for the commission of the crime; or

(b) When in the course of its execution, the offender shall

have inflicted upon ANY PERSON NOT RESPONSIBLE FOR ITS
COMMISSION physical injuries covered by subdivisions 3 and 4
of Art. 263.

When the person injured –

a. Becomes deformed, or
b. Loses any other member of his body, or

c. Loses the use thereof, or

d. Becomes ill or incapacitated for the performance of the

work in which he was habitually engaged for more than 90
days, in consequence of the physical injuries inflicted.

5. If the violence employed by the offender does not cause any

of the serious physical injuries defined in Art. 263, or if the
offender employs intimidation only. (simple robbery)
ARTICLE 295 : ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE BY A BAND OR
WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY

Qualified Robbery with Violence Against or Intimidation of

Persons:

Nos. 3, 4, and 5 of Article 294 if committed:

1. In an uninhabited place (despoblado); or

2. By a band (en cuadrilla); or

3. By attacking a moving train, street car, motor vehicle, or
airship; or

4. By entering the passengers’ compartments in a train, or

in any manner taking the passengers by surprise in their
respective conveyances or

5. On a street, road, highway, or alley, and the

intimidation is made with use of firearms, the offender
shall be punished by the maximum period or the proper
penalties prescribed in Art. 294
ARTICLE 296 : DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS THEREOF
Outline:
1. When at least four armed malefactors take part in the commission of a
robbery, it is deemed committed by a band.

2. When any of the arms used in the commission of robbery is not

licensed, the penalty upon all malefactors shall be the maximum of the
corresponding penalty provided by law without prejudice to the criminal
liability for illegal possession of firearms.
3. Any member by a band who was present at the commission of a
robbery by the band, shall be punished as principal of any assaults
committed by the band, unless it be shown that he attempted to prevent
the same

Requisites for liability for the acts of other members of the band:

1. He was a member of the band;

2. He was present at the commission of a robbery by that band;

3. The other members of that bandcommitted an assault;

4. He did not attempt to prevent the assault.

ARTICLE 297 : ATTEMPTED AND FRUSTRATED
ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES
Special Complex Crime:

When by reason or on occasion of an attempted or frustrated

robbery, a homicide is committed.

The penalty is the same whether the robbery is attempted or

frustrated.
ARTICLE 298 : EXECUTION OF DEEDS BY
MEANS OF VIOLENCE OR INTIMIDATION
Elements:
1. That the offender has intent to defraud another;

2. That the offender compels him to sign, execute, or deliver

any public instrument or document;

3. That the compulsion is by means of violence or intimidation.

SECTION TWO:
ROBBERY WITH THE
USE OF FORCE UPON
THINGS
ARTICLE 299 : ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

(Subdivision A)

1. The offender entered:

a. an inhabited house,

b. a public building or

c. an edifice devoted to religious worship

2. The entrance was effected by any of the following means:

a. Through an opening not intended for entrance or egress;

b. By breaking any wall, roof, floor, door, or window;

c. By using false keys, picklocks or similar tools; or

d. By using any fictitious name or pretending the exercise

of public authority.

3. That once inside the building, the offender took personal

property belonging to another with intent to gain
(Subdivision B)
1. Offender is inside a dwelling house, public building or edifice devoted
to religious worship, regardless of the circumstances under which he
entered it.

2. The offender takes personal property belonging to another with intent

to gain under any of the following circumstances:

a. by the breaking of internal doors, wardrobes, chests, or any other

kind of sealed furniture or receptacle

b. by taking such furniture or objects away to be broken open

outside the place of the robbery
ARTICLE 300 : ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND

Under this Article, Robbery with Force Upon Things is

qualified when committed in an uninhabited place AND
by a band, as distinguished from Qualified Robbery
with Violence or Intimidation of Persons (Art. 295)
which is committed in an uninhabited place OR by a
band.
ARTICLE 301 : WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES

Dependencies of an inhabited house, public building or building

dedicated to religious worship – all interior courts, corrals,
warehouses, granaries or enclosed places

1. Contiguous to the building or edifice,

2. Having an interior entrance connected therewith, and

3. Which form part of the whole.

ARTICLE 302 : ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
BUILDING
1. That the offender entered an uninhabited
place or a building which was not a dwelling
house, not a public building, or not an edifice
devoted to religious worship;
2. That any of the following circumstances was
present:

a. The entrance was effected through an opening

not intended for entrance or egress;

b. A wall, roof, floor, or outside door or window

was broken;

c. The entrance was effected through the use of

false keys, picklocks or other similar tools;
 d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken; or
e. A closed or sealed receptacle wa removed,
even if the same be broken open elsewhere;
3. That with intent to gain, the offender took
therefrom personal property belonging to another
ARTICLE 303 : ROBBERY OF CEREALS,
FRUITS, OR FIREWOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING

Penalty is 1 degree lower when cereals,

fruits, or firewood are taken in robbery with
force upon things.
ARTICLE 304 : POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS
1. That the offender has in his possession picklocks or
similar tools;

2. That such picklocks or similar tools are specially

adopted to the commission of robbery;

3. That the offender does not have lawful cause for

such possession.
ARTICLE 305 : FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner
for use in the lock forcibly opened by the offender.
CHAPTER TWO:
BRIGANDAGE
ARTICLE 306 : BRIGANDAGE
1. There be at least four armed persons

2. They formed a band of robbers

3. The purpose is any of the following:

a. To commit robbery in a highway; or

b. To kidnap persons for the purpose of extortion or to obtain

ransom; or

c. To attain by means of force or violence any other purpose

Presumption of law as to brigandage: All are presumed to be highway
robbers or brigands, if any of them carry unlicensed firearm.

The only things to prove are:

1. That there is an organization of more than three armed persons

forming a band of robbers;

2. That the purpose of the band is any of those enumerated in Art. 306;

3. That they went upon the highway or roamed upon the country for that
purpose;

4. That the accused is a member of such band.

ARTICLE 307 : AIDING OR ABETTING A BAND OF BRIGANDS

1. That there is a band of brigands;

2. That the offender knows the band to be of brigands;

3. That the offender does any of the following acts:

a. That he aids, abets, or protects such band of brigands;

b. That he gives them information on the movements of the

police or other peace officers of the government; or

c. That he acquires or receives property taken by such brigands

ARTICLE 308 : WHO ARE LIABLE FOR THEFT
1. That there be taking of personal property;

2. That said property belongs to another;

3. That the taking be done with intent to gain;

4. That the taking be done without the consent of the owner;

5. That the taking be accomplished without the use of violence

against or intimidation of persons or force upon things.
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;

3. Any person who shall enter an enclosed estate or a field where

trespass is forbidden or which belongs to another and without the
consent of its owner; shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm products.
ARTICLE 309 : PENALTIES
The basis of penalty in Theft is:
1. The value of the thing stolen, and in some cases,

2. The value and the nature of the property taken, or

3. The circumstances or causes that impelled the

culprit to commit the crime
ARTICLE 310 : QUALIFIED THEFT
There is qualified theft in the following instances:

1. If theft is committed by a domestic servant

2. If committed with grave abuse of confidence

3. If the property stolen is (a) motor vehicle, (b) mail matter or (c) large cattle

4. If the property stolen consists of coconuts taken from the premises of plantation.

5. If the property stolen is taken from a fishpond or fishery

6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or

any other calamity, vehicular accident or civil disturbance
Elements:

1. Taking of personal property;

2. That the said property belongs to another;

3. That the said taking be done with intent to gain;

4. That it be done without the owner’s consent;

5. That it be accomplished without the use of violence or

intimidation against persons, nor of force upon things;

6. That it be done through the above circumstances

 ANTI CARNAPPING ACT of 1972
(REPUBLIC ACT 6539)

Carnapping - taking, with intent to gain, of motor vehicle

belonging to another without the latter’s consent, or by means
of violence against or intimidation of persons, or by using force
upon things.
If the OWNER, DRIVER OR OCCUPANT of a carnapped vehicle is
killed or raped in the course of the commission of the
carnapping or on the occasion thereof, the penalty of reclusion
perpetua to death shall be imposed.

Qualified Theft only: If material or physical possession was

given to the offender

Estafa only: If material plus juridical possession were given to

the offender
CHAPTER THREE:
THEFT
 CATTLE RUSTLING LAW of 1974
(P.D. 533)
Cattle Rustling – is defined as the taking away by means,
method or scheme, without the consent of the owner/raiser, of
any large cattle whether or not for profit or gain, or whether
committed with or without violence against or intimidation of
persons or force upon things. It includes the killing of large
cattle or taking it as meat or hide without the consent of the
owner/raiser.
Presumption of Cattle Rustling:

Failure to exhibit the required documents by any

person having in his possession, control, or custody of
large cattle, upon demand by competent authorities
shall be prima facie evidence that the large cattle in his
possession, control and custody are the fruits of the
crime of cattle rustling.
 LAW ON ILLEGAL FISHING
(P.D. 534)
Illegal Fishing – the act of any person to catch, take or
gather or cause to be caught, taken or gathered fish or
fishery/aquatic products in Philippine waters with the
use of explosives, obnoxious or poisonous substances
or by the use of electricity.
Dealing in illegally caught fish or fishery/aquatic
products

– any person who possesses or deals in, sells or in any

manner disposes of, for profit , any fish,
fishery/aquatic products which have been illegally
caught, taken or gathered.
 “HIGHGRADING” OR THEFT OF GOLD
(P.D. 581)
“Highgrading” or Theft of Gold – the act of any person who
shall take gold-bearing ores or rocks from a mining claim or
mining camp or shall remove, collect or gather gold-bearing
ores or rocks in place or shall extract or remove the gold; from
such ores or rocks, or shall prepare and treat such ores or
rocks to recover or extract the gold content thereof, without
the consent of the operator of the mining claim.
Presumption:
Unauthorized possession by any person within a mining
claim or mining camp of gold-bearing ores or rocks or of
gold extracted or removed from such ores or rocks shall be
prima facie evidence that they have been stolen from the
operator of a mining claim (Sec. 2).
 ANTI – FENCING LAW

(P.D. 1612)
Elements:

1. Crime of robbery or theft has been committed;

2. Accused, who is not a principal or accomplice in the commission of the

crime of robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells, or disposes of, or shall buy and sell, or in any other
manner deal any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from the
proceeds of said crime;
3. Accused knows or should have known that said article, item, object or
anything of value has been derived from the proceeds of theft or
robbery;

4. Accused has intent to gain for himself or another

Presumption of Fencing.

· Mere possession of any good, article, item, object, or

anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing
 PRESIDENTIAL DECREE NO. 401

Penalizing the Unauthorized Installation of Water, Electrical or Telephone

Connections, the Use of Tampered Water or Electrical Meters, and other
Acts
Acts punished:

1. The use of tampered water or electrical meters to steal water or electricity;

2. The stealing or pilfering of water and/or electrical meters, electric and/or telephone
wires;

3. Knowingly possessing stolen or pilfered water and/or electrical meters and stolen or
pilfered electric and/ or telephone wires.
Theft of electricity can also be committed by any of the
following means:

1. Turning back the dials of the electric meter;

2. Fixing the electric meter in such a manner that it will not

register the actual electric consumption;

3. Under-reading of electric consumption; and

4. Tightening screw or rotary blades to slow down the

rotation of the same
PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF LOGS FROM PUBLIC
FORESTS AND FOREST RESERVES AS QUALIFIED THEFT

(P.D. NO. 330)

Any person, whether natural or juridical who directly or
indirectly cuts, gathers, removes, or smuggles timber, or other
forest products, either from any of the public forest, forest
reserves and other kinds of public forest, whether under
license or lease, or from any privately owned forest land in
violation of existing laws, rules and regulations shall be guilty
of the crime of qualified theft
ARTICLE 311 : THEFT OF THE PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL MUSEUM

Theft of property on National Library and Museum has

a fixed penalty regardless of its value. But if the crime
is committed with grave abuse of confidence, the
penalty for qualified theft shall be imposed, because
Art 311 says “unless a higher penalty should be
provided under the provisions of this Code.”
CHAPTER FOUR:
USURPATION
ARTICLE 312 : OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL RIGHTS IN PROPERTY
1. That the offender takes possession of any real property or usurps
any real rights in property;

2. That the real property or real rights belong to another;

3. That violence against or intimidation of persons is used by the

offender in occupying real property or usurping real property or
usurping real right in property;

4. That there is intent to gain.

Acts punishable under Article 312:

1. By taking possession of any real property belonging

to another by means of violence against or
intimidation of persons.

2. By usurping any real rights in property belonging to

another by means of violence against or intimidation
of persons.
ARTICLE 313 : ALTERING BOUNDARIES
OR LANDMARK

1. That there be boundary marks or monuments of

towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same;

2. That the offender alters said boundary marks.

 CHAPTER FIVE:
CULPABLE INSOLVENCY
ARTICLE 314 : FRAUDULENT
INSOLVENCY
1. That the offender is a debtor, that is, he has
obligations due and demandable;
2. That he absconds with his property;
3. That there be prejudice to his creditors.
CHAPTER SIX:
SWINDLING AND
OTHER DECEITS
ARTICLE 315 : SWINDLING/ ESTAFA
Elements in general:
1. That the accused defrauded another by abuse
of confidence, or by means of deceit;
2. That the damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money
or property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
 I.

Estafa with Unfaithfulness or

Abuse of Confidence

A. Estafa with unfaithfulness (Article 315, No. 1-A)

1. That the offender has an onerous obligation to deliver something of

value;

2. That he alters its substance, quantity or quality;

3. That damage or prejudice capable of pecuniary estimation is caused to

the offended party or third persons
B. Estafa with abuse of confidence (Article 315 No.1-B)

1. That money, goods, or other personal property be received by the

offender in trust, or on commission, or for administration, or under any
other obligation involving the duty to make delivery of, or to return, the
same;

2. That there be misappropriation or conversion of such money or

property by the offender, or denial on his part of such receipt;

3. That such misappropriation or conversion or denial is to the prejudice

of another;

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

C. Estafa by taking undue advantage of the signature in blank
(Article 315, No. 1-C)

1. That the paper with the signature of the offended party be in

blank;

2. That the offended party should have delivered it to the offender;

3. That above the signature of the offended party a document is

written by the offender without authority to do so;

4. That the document so written creates a liability of, or causes

damage to the offended party or any third person.
Definition of Terms

1. Misappropriation (M) - the act of taking something f or

one’s own benefit

2. Conversion - the act of using or disposing of anoth er’s

property as it was one’s own; thing has been de voted
to a purpose or use other than that agreed upon.

3. Material Possession (MP) – The actual physical possession of

personal property, where the possessor cannot claim a better
right to such property than that of its owner.
4. Juridical Possession (JP) – Is present when the possession of
the personal property arises from a lawful causation, contract
or agreement, express or implied, written or unwritten or by
virtue of a provision of law.

5. Ownership (O) – There is ownership of the personal

property when there is no obligation to return exactly the
same property given or lent to the possessor.
1. If the offender has been given Material Possession of the personal property and
he Misappropriates the same, he is liable for the crime of THEFT.

MP + M = Theft

2. If the offender has been given Juridical Possession and Material Possession of the
personal property and he Misappropriates the same, he is liable for the crime of
ESTAFA.

JP + MP + M = Estafa

3. If the person has been given the Ownership, Juridical Possession, and Material
Possession of the personal property and he Misappropriates the same, he is NOT
criminally liable and incurs only a CIVIL LIABILITY.

O + JP + MP + M = NO CRIME
 II.

Estafa by Means of Deceit (Article 315, No. 2)

1. That there must be false pretense, fraudulent act or fraudulent means;

2. That such false pretense, act or fraudulent means must be made or executed
prior to or simultaneously with the commission of fraud.

3. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with his money or
property because of fraudulent means;

4. That as a result thereof, the offended party suffered damage.

Ways of commission :

A. Art. 315 No. 2 (A):

1. By using a fictitious name.

2. By falsely pretending to possess (a) power, (b)

influence, (c) qualifications, (d) property, (e) credit, (f)
agency, (g) business or imaginary transactions.

3. By means of other similar deceits.

 ILLEGAL RECRUITMENT

Under the Migrant Workers Act (R.A. No. 8042)

Illegal Recruitment – Any act of canvassing, enlisting, hiring, or procuring workers, including
referring contract services, promising or advertising for employment abroad, whether for profit or
not, when undertaken by a non-licensee or non-holder of authority.

Any such non-licensee or nonholder of authority who, for a fee, offers and promises employment
abroad to two or more persons shall be deemed so engaged in illegal recruitment.

Economic Sabotage:

1. Illegal recruitment by syndicate – committed by a group of three (3) or more persons conspiring
or confederating with one another.

2. Large Scale Illegal Recruitment – committed against three (3) or more persons.
 B. Art. 315 No. 2 (B)

By altering, the quality, fineness or weight of anything pertaining to his business

C. Art. 315 No. 2 (C)

By pretending to have bribed any Government employee

D. Art. 315 No. 2 (D)

1. That the offender postdated a check, OR issued a check in payment of an

obligation

2. That such postdating or issuing a check was done when the offender had no
funds in the bank, or his funds deposited therein were not sufficient to cover
the amount of the check
 BOUNCING CHECKS LAW (B.P. Blg. 22)
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check knowing at the time of issue that he
does not have sufficient funds.

Elements:

1. That a person makes or draws and issues any check to apply on account or for
value.

2. That the person knows that at the time of issue he does not have sufficient funds
or credit with the drawee bank for the payment of such check upon its presentment
3. That the check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment.

Requisites for Criminal Liability under BP 22:

1. A person makes, draws or issues a check as payment for account or for value.

2. That the check was dishonored by the bank due to a lack of funds, insufficiency of
funds or account already closed.

3. The payee or holder of such check gives a written notice of dishonor and demand for
payment.

4. That the maker, drawer or issuer, after receiving such notice and demand, refuses or
fails to pay the value of the check within FIVE BANKING DAYS.
Failing to keep sufficient funds to cover the full
amount of the check.

1. That a person has sufficient funds with the drawee

bank when he makes or draws and issues a check

2. That he fails to keep sufficient funds or to maintain a

credit to cover the full amount if presented within a
period of 90 days from the date of appearing thereon.

3. That the check is dishonored by the drawee bank

 E. Art. 315, No. 2(E)

1. By obtaining food, refreshment or accommodation at hotel, inn,

restaurant, boarding house, lodging house or apartment house without
paying thereof, with intent to defraud the proprietor or manager thereof

2. By obtaining credit at any of the said establishments by the use of any

false pretense

3. By abandoning or surreptitiously removing any part of his baggage

from any of the said establishment after obtaining credit, food,
refreshment or accommodation therein, without paying therefor.
 III.

Estafa Through the

Following Means

A. Estafa by inducing another to sign any document (Article 315 No. 3A)

1. That the offender induced the offended party to sign a document;

2. That deceit be employed to make him sign the document;

3. That the offended party personally signed the document;

4. That prejudice be caused.

B. Estafa by resorting to some fraudulent practice to insure
success in gambling (Article 315 No. 3B)

C. Estafa by removing, concealing or destroying documents

(Article 315 No. 3C)

1. That there be court record, office files, documents or any

other papers;

2. That the offender removed, concealed or destroyed any of

them;

3. That the offender had intent to defraud another.

ARTICLE 316 : OTHER FORMS OF SWINDLING
Persons liable:

1. Any person who, pretending to be the owner of any real property, shall convey,
sell, encumber or mortgage the same.

a. That the thing be immovable, such as a parcel of land or a building; (property

must actually exist)

b. That the offender who is not the owner of said property should represent that
he is the owner thereof

c. That the offender should have executed an act of ownership (selling, leasing,
encumbering or mortgaging the real property);
 d. That the act be made to the prejudice of the owner or a third person

2. Any person who, knowing that real property is encumbered, shall dispose of the
same, although such encumbrance be not recorded.

a. That the thing disposed of be real property.

b. That the offender knew that the real property was encumbered, whether the
encumbrance is recorded or not. (principle of constructive notice does not apply)

c. That there must be express representation by the offender that the real
property is free from encumbrance.

d. That the act of disposing of the real property be made to the damage of
another.
3. The owner of any personal property who shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any third person.

a. That the offender is the owner of personal property;

b. That said personal property is in the lawful possession of another;

c. That the offender wrongfully takes it from its lawful possessor; (if from
unlawful possessor, Article 429 of the Civil Code applies)

d. That prejudice is thereby caused to the possessor or third person.

4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
5. Any person who shall accept any compensation for services not rendered or for
labor not performed.

6. Any person who shall sell, mortgage or encumber real property with which the
offender guaranteed the fulfillment of his obligation as surety.

a. That the offender is a surety in a bond given in a criminal or civil action;

b. That he guaranteed the fulfillment of such obligation with his real property or
properties;

c. That he sells, mortgages, or, in any manner encumbers said real property;

d. That such sale, mortgage or encumbrance is (1) without express authority from
the court, or (2) made before the cancellation of his bond, or (3) before being
relieved from the obligation contracted by him.
ARTICLE 317 : SWINDLING A MINOR
1. That the offender takes a dvantage of the inexperience or
emotions or feelings of a minor;

2. That he induces such minor to assume an obligation, or to give

release, or to execute a transfer of any property right;

3. That the consideration is some loan of money, credit, or other

personal property; (if real property, Article 318 applies; minor
cannot convey real property without judicial authority)

4. That the transaction is to the detriment of such minor

CHAPTER SEVEN:
CHATTEL MORTGAGE
ARTICLE 319 : REMOVAL, SALE OR PLEDGE
OF MORTGAGED PROPERTY
Acts punishable:

A. Removal of Mortgaged Property

By knowingly removing any personal property mortgaged under the

Chattel Mortgage Law to any province or city other than the one in
which it is located at the time of execution of the mortgage,
without the written consent of the mortgagee or his executors,
administrators or assigns.
Elements:

1. That personal property is mortgaged under Chattel Mortgage Law;

2. That the offender knows that such property is so mortgaged;

3. That he removes such mortgaged personal property to any province or

city other than the one in which it was located at the time of the
execution of the mortgage;

4. That the removal is permanent;

5. That there is no written consent of mortgagee, executors,

administrators or assigns to such removal.
 B. Sale or Pledge of Mortgaged Property

By selling or pledging personal property already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the consent of the mortgagee written on
the back of the mortgage and noted on the record thereof in the office of the register of
deeds of the province where such property is located.

Elements:

1. Personal property is pledged under Chattel Mortgage Law;

2. Offender, who is the mortgagor, sells or pledges the same property or any part
thereof;

3. No consent of mortgagee written on the back of the mortgage and noted on the
record thereof in the Office of the Register of Deeds.
CHAPTER EIGHT:
ARSON AND OTHER
CRIMES INVOLVING
DESTRUCTIONS
 ARTICLE 320-326B REPEALED BY PD 1613

PD 1613 AMENDING THE LAW ON ARSON

Kinds of Arson:

1. Arson (Sec. 1, PD No. 1613)

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

3. Other cases of arson (Sec. 3, PD No. 1613)

Arson – when any person burns or sets fire to the property of another, or his
own property under circumstance which expose to danger the life or property
of another. (Sec. 1, PD 1613)
 Destructive Arson (Art. 320, RPC) Burning of:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or
as a result of simultaneous burnings, committed on several or different occasions.

2. Any building of public or private ownership, devoted to the public in general or

where people usually gather or congregate for a definite purpose such as, but not
limited to, official governmental function or business, private transaction,
commerce, trade workshop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels, transient dwellings,
public conveyances or stops or terminals, regardless of whether the offender had
knowledge that there are persons in said building or edifice at the time it is set on
fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances

thereto, which are devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or

destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from
insurance
There is also Destructive Arson: (Art. 320, RPC)

1. When the arson is committed by 2 or more persons, regardless of whether

their purpose is merely to burn or destroy the building or the burning merely
constitutes an overt act in the commission of another violation of the law

2. When any person shall burn:

a. Any arsenal, shipyard, storehouse or military powder or fireworks factory,

ordnance, storehouse, archives or general museum of the Government.

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

explosive materials.
Other cases of Arson: (Sec. 3, PD 1613) Burning of:

1. Any building used as offices of the Government or any of its agencies.

2. Any inhabited house or dwelling.

3. Any industrial establishment, shipyard, oil, well or mine shaft, platform or

tunnel.

4. Any plantation, farm, pasture land, growing crop or grain field, orchard,
bamboo grove or forest.

5. Any rice mill, sugar mill, cane mill, or mill central.

6. Any railway or bus station, airport, wharf, or warehouse.

Special Aggravating Circumstance on Arson (Sec. 4, PD 1613):

1. If committed with intent to gain.

2. If committed for the benefit of another.

3. If the offender be motivated by spite or hatred towards the

owner or occupant of the property burned.

4. If committed by a syndicate - planned or carried out by

three or more persons
Prima facie evidence of Arson (Sec. 6, PD 1613):

1. If the fire started simultaneously in more than one part of

the building or establishment.

2. If substantial amount of flammable substances or materials

are stored within the building not of the offender nor for the
household

3. If gasoline, kerosene, petroleum or other flammable or

combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or
premises of the burned building or property.

4. If the building or property is insured for substantially more

than its actual value at the time of the issuance of the policy.

5. If during the lifetime of the corresponding fire insurance

more than two fires have occurred in the same or other
premises owned or under the control of the offender and /or
insured.
6. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course of
business.

7. If a demand for money or other valuable consideration was

made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim
Attempted, frustrated or consummated arson:
1. A person, intending to burn a wooden structure, collects some rags,
soaks them in gasoline and places them beside the wooden wall of the
building. When he is about to light a match to set fire to the rags, he is
discovered by another who chases him away.

2. Any charring of the wood of a building, whereby the fiber of the wood
is destroyed, is sufficient. It is necessary that the wood should be ablazed.

3. Setting fire to the contents of a building constitutes the consummated

crime of setting fire of a building, even if no part of the building was
burned.
CHAPTER NINE:
MALICIOUS MISCHIEF
ARTICLE 327 : MALICIOUS MISCHIEF
1. That the offender deliberately caused damage to the
property of another;

2. That such act does not constitute arson or other

crimes involving destruction;

3. That the act of damaging another’s property be

committed merely for the sake of damaging it.
ARTICLE 328 : SPECIAL CASES OF MALICIOUS MISCHIEF

(When Qualified)

1. Causing damage to obstruct the performance of public functions;

2. Using poisonous or corrosive substances;

3. Spreading any infection or contagion among cattle;

4. Causing damage to the property of the National Museum or

National Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the public.
ARTICLE 329 : OTHER MISCHIEFS

Mischiefs not included in the next

preceding article and are punished
according to the value of damage
caused.
ARTICLE 330 : DAMAGE AND OBSTRUCTION
TO MEANS OF COMMUNICATION

Person liable: Any person who shall damage any

railway, telegraph or telephone lines.
Qualifying circumstance: Damage shall result in
the derailment of cars, collision or other accident
ARTICLE 331 : DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS OR PAINTINGS
Persons liable:

1. Any person who shall destroy or damage statues or

any other useful or ornamental public monuments.

2. Any person who shall destroy or damage any useful

or ornamental painting of a public nature.
 CHAPTER TEN:
MALICIOUS MISCHIEF
ARTICLE 332 : PERSON EXEMPT
FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Persons exempted:

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

same line.

2. The widowed spouse with respect to the property which belonged to

the deceased spouse before the same shall have passed to the possession
of another.

3. Brothers and sisters and brothers in law and sisters in law, if living
together.

4. Stepfather, adopted father, natural children, concubine, paramour

included as ascendants by affinity.
 TITLE TEN:
CRIMES AGAINST
CHASTITY
CHAPTER ONE:
ADULTERY AND
CONCUBINAGE
ARTICLE 333 : ADULTERY
Who are liable?

1. The married woman who engages in sexual intercourse with a man not her husband.

2. The man who, knowing of the marriage of the woman, has sexual intercourse with
her.

Elements:

1. That the woman is married;

2. That she has sexual intercourse with a man not her husband;

3. That as regards the man with whom she has sexual intercourse, he must know her to
be married.
ARTICLE 334 : CONCUBINAGE
Who are liable?

1. The married man

2. The woman who knew that the man was married.

Elements:

1. That the man must be married;

2. That he committed any of the following acts:

 a. Keeping a mistress in the conjugal dwelling (mistress must
live therein as such);

b. Having sexual intercourse under scandalous circumstances

with a woman who is not his wife (proof of actual sexual
relations not required as long as it can be inferred);

c. Cohabiting with her in any other place (as husband and

wife);

3. As regards to the woman, she must know him to be married

CHAPTER TWO:
ACTS OF
LASCIVIOUSNESS
ARTICLE 336 : ACTS OF LASCIVIOUSNESS
1. That the offender commits any act of lasciviousness or lewdness;

2. That the act of lasciviousness is committed against a person of either sex;

3. That it is done under any of the following circumstances:

a. By using force or intimidation

b. When the offended party is deprived of reason or otherwise unconscious

c. By means of fraudulent machination or grave abuse of authority

d. When the offended party is under 12 years of age or is demented.

CHAPTER THREE:
SEDUCTION, CORRUPTION OF
MINORS, AND WHITE SLAVE
TRADE
ARTICLE 337 : QUALIFIED SEDUCTION
Two classes:

1. Seduction of a virgin over 12 years and under 18

years of age by persons who abuse their authority or
the confidence reposed.

2. Seduction of a sister by her brother or descendant

by her ascendant, regardless of her age and
reputation.
Elements:
1. That the offended party is a virgin;
2. She must be over 12 and under 18 years of age;
3. That the offender had sexual intercourse with
her;
4. That there is abuse of authority, confidence or
relationship on the part of the offender.
The following are the OFFENDERS:

1. Those who abused their authority:

a. Persons in public authority

b. Guardian

c. Teacher

d. Person who, in any capacity, is entrusted with the

education or custody of the woman seduced
2. Those who abused confidence reposed in them:

a. Priest

b. House servant

c. Domestic

3. Those who abused their relationship:

a. Brother who seduced his sister

b. Ascendant who seduced his descendant

 c. A “domestic” is different from a house servant, it
means any person living under the same roof as a member
of the same household, and includes boarders or house-
guests but not transients or visitors.

d. The fact that the girl gave her consent to the sexual
intercourse is no defense. In the same way, lack of consent
of the girl is not an element of the offense.

e. The seduction of a sister or descendant is known as

incest.
ARTICLE 338 : SIMPLE SEDUCTION
1. That the offended party is over 12 and under 18
years of age;

2. That she must be of good reputation, single or

widow;

3. That the offender has sexual intercourse with her;

4. That it is committed by means of deceit.

ARTICLE 339 : ACTS OF LASCIVIOUSNESS
WITH THE CONSENT OF THE OFFENDED PARTY
1. That the offender commits acts of lasciviousness or lewdness;

2. That the acts are committed upon a woman who is a virgin or

single or a widow of good reputation, under 18 years of age but
over 12 years, or a sister or descendant regardless of her reputation
or age;

3. That the offender accomplishes the acts by abuse of authority,

confidence, relationship or deceit.
 ANTI – SEXUAL HARRASMENT ACT

(R.A. No. 7877)

Persons penalized: Employer, employee, manager, supervisor,
teacher, professor, instructor, coach, trainor, or any other person
having authority, influence, or moral ascendancy over another in a
work, education or training-related environment.

Prohibited acts: Demanding, requesting, or otherwise requiring any

sexual favor from the other, regardless of whether the demand,
request, or requirement is accepted by the object of the act.
ARTICLE 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92)

Prohibited acts – to promote or facilitate the prostitution or corruption

of persons under age to satisfy the lust of another.

Special Protection of Children Against Child Abuse Act (R.A. 7610) –

Child prostitution and attempt to commit child prostitution are punished
under this Act.

Sec. 5. Child Prostitution and other Sexual Abuse – Children whether

male or female, who for money, profit or other consideration or due to
the coercion or influence of any adult syndicate or group, indulge in
sexual intercourse or lascivious conduct are deemed to be children
exploited in prostitution and other sexual abuse.
Persons liable:

1. Those who engage in or promote, facilitate or induce child prostitution

which include, but are not limited to the following:

a. Acting as a procurer of a child prostitute;

b. Inducing a person to be a client of a child prostitute by means of

written or oral advertisements or other similar means;

c. Taking advantage of influence or relationship to procure a child as a

prostitute;
d. Threatening or using violence towards a child to engage him/her as a
prostitute;

e. Giving monetary consideration, goods or other pecuniary benefit to a

child with the intent to engage such child in prostitution.

2. Those who commit the act of sexual intercourse or lascivious conduct

with a child exploited in prostitution or subjected to other sexual abuse.

3. Those who derive profit or advantage therefrom, whether as manager

or owner of the establishment where the prostitution takes place, or of
the sauna, disco, bar, resort, place of entertainment or establishment
serving as a cover or which engages in prostitution in addition to the
activity for which the license has been issued to said establishment.
ARTICLE 341 : WHITE SLAVE TRADE
Prohibited acts:
1. Engaging in the business of prostitution;
2. Profiting by prostitution;
3. Enlisting the services of women for the
purpose of prostitution.
CHAPTER FOUR:
ABDUCTION
Two Kinds of Abduction:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ARTICLE 342 : FORCIBLE ABDUCTION

1. That the person abducted is a woman;

regardless of her age, civil status, or reputation;
2. That the abduction is against her will;
3. That the abduction is with lewd design.
ARTICLE 343 : CONSENTED ABDUCTION
Elements:

1. That the offended party must be a virgin; 2. That she must

be over 12 and under 18 years if age;

2. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender;

3. That the taking away of the offended party must be with

lewd design.
Crimes against Chastity where age and reputation of
the victim are immaterial:

1. Acts of lasciviousness against the will of the

offended party or against a sister or descendant.

2. Qualified Seduction of sister or descendant.

3. Forcible Abduction.
 CHAPTER FIVE:
PROVISIONS RELATING TO THE
PRECEDING CHAPTERS OF
TITLE ELEVEN
ARTICLE 344 : PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION,
RAPE AND ACTS OF LASCIVIOUSNESS
1. Adultery and concubinage must be prosecuted upon the complaint signed by
the offended spouse (and in the absence of an express or implied pardon).

2. Seduction, abduction and acts of lasciviousness must be prosecuted upon the

complaint signed by (and in the absence of an express pardon) offended party –

i. Even if a minor

ii. If of legal age and not incapacitated, only she can file complaint
If a minor or incapacitated and refuses to file either of the
next succeeding persons may file:

a. Either of the parents

b. Either of the grandparents whether paternal or maternal

side

c. Legal or judicial guardians

d. The State, as parens patriae when the offended party dies

or becomes incapacitated before she could file the complaint
and she has no known parents, grandparents or guardians.
ARTICLE 345 : CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY

Persons who are guilty of rape, seduction or abduction shall also be sentenced:

1. To indemnify the offended woman;

2. To acknowledge the offspring, EXCEPT:

a. In adultery and concubinage since only a natural child may be acknowledged

b. Where either the offended party or the accused is married

c. When paternity cannot be determined as in multiple rape

d. Other instances where the law should prevent the offender from doing so;

In every case to support the offspring.

ARTICLE 346 : LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS,
OR OTHER PERSONS ENTRUSTED WITH THE CUSTODY OF THE
OFFENDED PARTY

Persons who cooperate as accomplices but are punished as principals in rape, seduction,
abduction, acts of lasciviousness, acts of lasciviousness with the consent of the offended
party, corruption of minors, white slave trade:

1. Ascendants,

2. Guardians,

3. Curators, teachers, and

4. Any person, who cooperates as accomplice with abuse of authority or confidential

relationship
 TITLE TWELVE:
CRIMES AGAISNT THE
CIVIL STATUS OF
PERSONS
 CHAPTER ONE:
SIMULATION OF BIRTHS
AND USURPATION OF
CIVIL STATUS
ARTICLE 347 : SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR
ANOTHER, CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD

Acts punished:

1. Simulation of births;

2. Substitution of one child for another; and

3. Concealing or abandoning any legitimate child with

intent to cause such child to lose its civil status.
In the third way of committing this crime, three
requisites must be present, namely:

1. The child must be legitimate;

2. The offender conceals or abandons such child; and

3. The offender has the intent to cause such child to

lose its civil status.
ARTICLE 348 : USURPATION OF CIVIL STATUS

Usurping the civil status of another is committed by

assuming the filiation, or the parental or conjugal
rights of another with intent to enjoy the rights arising
from the civil status of the latter.

Crime is qualified if the purpose is to defraud offended

parties and heirs.
CHAPTER TWO :
ILLEGAL MARRIAGES
ARTICLE 349 : BIGAMY
1. That the offender is legally married;

2. That the marriage has not been dissolved or, in case the spouse is
absent the absent spouse could not yet be presumed dead
according to the Civil Code;

3. That he contracts a second marriage or subsequent marriage;

and

4. That the second or subsequent marriage has all the essential

requisites for validity
ARTICLE 350 : MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS (Illegal Marriage)

1. That the offender contracted marriage;

2. That he knew at the time that:

a. The requirements of the law were not complied with; or

b. The marriage was in disregard of a legal impediment.

QUALIFYING CIRCUMSTANCE: if either of the contracting parties

obtains the consent of the other by means of violence, intimidation
or fraud.
ARTICLE 351 : PREMATURE MARRIAGES
Persons liable:

1. A widow who married within 301 days from the date of the
death of her husband, or before having delivered if she is
pregnant at the time of his death.

2. A woman whose marriage having been annulled or

dissolved, married before delivery or before expiration of the
period of 301 days after the date of legal separation.
ARTICLE 352 : PERFORMANCE OF ILLEGAL
MARRIAGES
• Priests or ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any legal
marriage ceremony shall be punished under the Marriage Law.
• Art. 352 presuppose that the priest or minister or civil
authority is authorized to solemnize marriages. If the accused
is not authorized to solemnize marriage and he performs an
illegal marriage ceremony, he is liable under Art. 177
(usurpation of authority or public function).
TITLE THIRTEEN:
CRIMES AGAINST
HONOR
CHAPTER ONE:
LIBEL
 SECTION ONE :
DEFINITIONS, FORMS,
AND PUNISHMENT OF
THIS CRIME
ARTICLE 353 : LIBEL
1. That, there must be an imputation of a crime, or a vice or
defect, real or imaginary, or any act, omission, condition,
status or circumstance;

2. That the imputation must be made publicly;

3. That it must be malicious;

4. That the imputation must be directed at a natural person or

a juridical person, or one who is dead;
5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.

Test of defamatory imputation:

A charge is sufficient if the words are calculated to induce the

hearers to suppose and understand that the person against
whom they were uttered was guilty of certain offenses, or are
sufficient to impeach the honesty, virtue or reputation, or to
hold him up to public ridicule.
ARTICLE 354 : REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is Presumed to be Malicious, Even
if it be True.

The PRESUMPTION is rebutted if it is shown by the accused that –

1. The defamatory imputation is true, in case the law allows proof

of the truth of the imputation (see Art. 361);

2. It is published with good intention;

3. There is justifiable motive for making it.

MALICE is not presumed in the following cases involving
qualifiedly privileged communication:

1. Private communication made by any person to another in the

performance of any legal, moral or social duty.

2. A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative, or other proceedings which
are not of confidential nature or of any statement, report, or
speech delivered in said proceedings, or of any other act performed
by public officers in the exercise of their functions
Requisites of the first kind of privileged communication:

1. That the person who made the communication had a legal,

moral or social duty to make the communication, or, at least,
he had an interest to be upheld;

2. That the communication is addressed to an officer or a

board, or superior, having some interest or duty in the matter;

3. That the statements in the communication are made in good

faith.
Requisities of the second kind of privileged
communication:
1. That it is fair and true report of a judicial, legislative, or
other official proceedings which are not of a confidential
nature, or of a statement, report or speech delivered in said
proceedings, or of any other act performed by a public
officer in the exercise of his functions;

2. That it is made in good faith;

3. That it is without any comments or remarks.

 Under Republic Act No. 1477:
A newspaper reporter cannot be compelled
to reveal the source of the news report he
made, unless the court or a House or
committee of Congress finds that such
revelation is demanded by the security of
the state.
 THE ANTI – WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or participant, not
authorized by all the parties to any private
communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to
secretly overhear, intercept or record such
communication by using a device known as
dictaphone, dictagraph, detectaphone,
walkietalkie or tape-recorder.
3. To knowingly possess any tape/wire or disc
record of any communication or spoken word or
copies thereof.
4. To replay the same for any person or persons.
5. To communicate the contents thereof,
verbally or in writing.
6. To furnish transcriptions thereof, whether
complete or partial.
Exception: When a peace officer is authorized by
written order from the court.
ARTICLE 358 : SLANDER (oral
defamation)
Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature
Factors that determine the gravity of the oral
defamation:
1. Expressions used;
2. Personal relations of the accused and the
offended party;
3. Circumstances surrounding the case; 4. Social
standing and position of the offended party
ARTICLE 359 : SLANDER BY DEED
Slander by Deed– is a crime committed by
performing any act which casts dishonor, discredit
or contempt upon another person.
Elements:
1. That the offender performs any act not included
in any other crime against honor;
2. That such act is performed in the presence of other
persons;

3. That such act cast dishonor, discredit, or contempt

upon the offended party.

Slander by deed is of two kinds:

1. Simple slander by deed; or

2. Grave slander by deed, that is, which is of a serious

nature.
 SECTION TWO:
GENERAL PROVISIONS
ARTICLE 360 : PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means.

2. The author or editor of a book or pamphlet.

1. The editor or business manager of a daily newspaper

magazine or serial publication.

2. The owner of the printing plant which publishes a libelous

article with his consent and all other persons who in any way
participate in or have connection with its publication.
ARTICLE 361 : PROOF OF TRUTH
When proof of the truth is admissible in a charge for Libel:

1. When the act or omission imputed constitutes a crime

regardless of whether the offended party is a private
individual or a public officer.

2. When the offended party is a Government employee,

even if the imputation does not constitute a crime,
provided it is related to the discharge of his official duties.
ARTICLE 362 : LIBELOUS
REMARKS
Libelous remarks or comments connected with
the matter privileged under the provisions of
Art. 354, if made with malice, shall not exempt
the author thereof nor the editor or managing
editor of a newspaper from criminal liability
CHAPTER TWO:
INCRIMINATORY
MACHINATIONS
ARTICLE 363 : INCRIMINATING
INNOCENT PERSONS
1. That the offender performs an act;
2. That by such act he directly incriminates or
imputes to an innocent person the commission
of a crime;
3. That such act does not constitute perjury
ARTICLE 364 : INTRIGUING AGAINST HONOR
Committed by any person who shall make any intrigue which
has for its principal purpose to blemish the honor or
reputation of another.

This refers to such int rigues against a perso n’s honor or

reputation which are not otherwise punished under other
articles of the code. It differs from defamation in that it
consists of tricky or secret plots and may be committed
without using written or spoken words which are defamatory
TITLE FOURTEEN:
QUASI-OFFENSES
 SOLE CHAPTER:
CRIMINAL NEGLIGENCE
ARTICLE 365 : IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi- offenses under Art 365:

1. By committing through reckless imprudence any act which, had it been

intentional, would constitute a grave or less grave felony or light felony;

2. By committing through simple imprudence or negligence an act which would

otherwise constitute a grave or less serious felony;

3. By causing damage to the property of another through reckless imprudence

or simple imprudence or negligence;

4. By causing through simple imprudence or negligence some wrong which, if

done maliciously, would have constituted a light felony
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.

Elements:

1. That the offender does or fails to do an act.

2. That the doing of or the failure to do that act is voluntary.

3. That it be without malice.

4. That material damage results.

5. That there is inexcusable lack of precaution on the part of the

person performing or failing to perform such act taking into
consideration –

• 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.

Elements:

1. That there is lack of precaution on the part of the

offender.

2. That the damage impending to be caused is not

immediate nor the danger clearly manifest.
Qualifying Circumstance: Failing to lend help. It raises the
penalty one degree higher.

Except: Sec. 55 of RA 4136, the driver can leave his vehicle

without aiding the victims if:

1. He is in imminent danger of being harmed,

2. He wants to report to the nearest officer of the law, or

3. He desires to summon a physician or a nurse for medical

assistance to the injured.