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U.P. LAW BOC CRIMINAL LAW
U.P. LAW BOC CRIMINAL LAW
U.P. LAW BOC
TABLE OF CONTENTS
CRIMINAL LAW I ...................................................... 1
I. PRINCIPLES OF CRIMINAL LAW ........................... 2
A. GENERAL PRINCIPLES ............................... 2
1. Mala in se and Mala prohibita ................... 2
2. Scope and Characteristics ........................ 3
a. Generality ............................................. 3
b. Territoriality ........................................... 5
c. Prospectivity ......................................... 7
3. Pro Reo Principle ...................................... 7
4. Interpretation of Penal Laws ..................... 7
5. Retroactive Application if Favorable to the
Accused ....................................................... 7
B. FELONIES .................................................... 8
1. Criminal Liabilities ..................................... 8
a. Classification of Felonies ...................... 8
b. Aberratio Ictus, Error in Personae and
Praeter Intentionem ............................ 13
c. Impossible Crimes .............................. 14
d. Stages of Execution ............................ 15
e. Continuing Crimes .............................. 17
f. Complex Crimes and Composite Crimes
............................................................ 18
2. Circumstances Affecting Criminal Liability ..
................................................................ 21
a. Justifying Circumstances [Art. 11] ...... 21
b. Exempting Circumstances [Art. 12] .... 27
c. Mitigating Circumstances [Art. 13] ...... 32
d. Aggravating Circumstances [Art. 14] .. 41
e. Alternative Circumstances [Art. 15] .... 61
f. Absolutory Causes .............................. 63
3. Persons Liable and Degree of Participation
................................................................ 65
b. Conspiracy and Proposal .................... 72
c. Multiple Offenders ............................... 75
4. Penalties ................................................. 79
a. Imposable Penalties ........................... 80
b. Classification ....................................... 80
c. Duration and Effects ........................... 81
d. Application .......................................... 86
e. Graduation of Penalties ...................... 91
f. Accessory Penalties ........................... 97
5. Execution and Service of Penalties ........ 99
a. Three-Fold Rule ................................ 100
b. Probation Law [P.D. 968, as amended
by R.A. 10707] .................................. 101
c. Juvenile Justice and Welfare Act (R.A.
9344, as amended) ........................... 105
d. Republic Act No. 10951 .................... 110
6. Extinction of Criminal Liabilities ............ 112
a. Total Extinction ................................. 112
b. Partial Extinction ............................... 116
c. Compromise and Affidavit of Desistance
.......................................................... 118
7. Civil Liabilities Arising from Criminal Cases
.............................................................. 118
a. General Rule ..................................... 118
b. What Civil Liability Includes .............. 119
c. Persons Civilly Liable ........................ 122
CRIMINAL LAW
d. Extinction of Civil Liability .................. 122
e. Special Cases ................................... 122
f. Subsidiary Liability of Other Persons 123
CRIMINAL LAW II ................................................. 125
II. CRIMES UNDER THE REVISED PENAL CODE ...... 126
A. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS [ARTS. 114-123] . 126
1. Chapter I: Crimes against National Security
.............................................................. 126
a. Article 114 - Treason ......................... 126
b. Article 115 – Conspiracy and Proposal to
Commit Treason ............................... 128
c. Article 116 – Misprision of Treason ... 128
d. Article 117 – Espionage .................... 129
e. Article 118 – Inciting to War or Giving
Motives for Reprisals ........................ 129
f. Article 119 - Violation of Neutrality .... 130
g. Article 120 – Correspondence with
Hostile Country ................................. 130
h. Article 121 – Flight to Enemy’s Country
130
i. Article 122 – Piracy in General and
Mutiny on the High Seas or in Philippine
Waters ............................................... 130
j. Article 123 – Qualified Piracy ............ 131
B. CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE [ARTS. 124 - 133] .......... 131
1. Chapter I: Arbitrary Detention or Expulsion,
Violation of Dwelling, Prohibition, Interruption,
and Dissolution of Peaceful Meetings and
Crimes Against Religious Worship ............ 131
a. Article 124 - Arbitrary Detention ........ 131
b. Article 125 - Delay in the Delivery of
Detained Persons to the Proper Judicial
Authorities ......................................... 132
c. Article 126 - Delaying Release .......... 133
d. Article 127 – Expulsion ..................... 133
e. Article 128 – Violation of Domicile .... 133
f. Article 129 - Search Warrants
Maliciously Obtained and Abuse in the
Service of those Legally Obtained .... 134
g. Article 130 - Searching Domicile Without
Witnesses ......................................... 134
h. Article 131 - Prohibition, Interruption and
Dissolution of Peaceful Meetings ...... 135
i. Article 132 - Interruption of Religious
Worship ............................................. 135
j. .... Article 133 - Offending the Religious
Feelings ............................................ 135
C. CRIMES AGAINST PUBLIC ORDER [ARTS.
134 - 160] ........................................................... 136
1. Chapter I: Rebellion, Coup d’etat, Sedition,
and Disloyalty ................................................ 136
a. Article 134 - Rebellion or Insurrection136
b. Article 134-A - Coup d’État ............... 137
c. Art 135 - Penalty for Rebellion,
Insurrection or Coup d’état ........................ 137
U.P. LAW BOC
d. Article 136 - Conspiracy and Proposal to
Commit Coup d’état, Rebellion or Insurrection
138
e. Article 137 - Disloyalty of Public Officers
or Employees ............................................ 138
f. Article 138 - Inciting to Rebellion or
Insurrection ............................................... 138
g. Article 139 – Sedition ........................ 139
h. Art. 140 - Penalty for sedition ........... 140
i. Article 141 - Conspiracy to Commit
Sedition ..................................................... 140
j. Article 142 - Inciting to Sedition ........ 140
2. Chapter II: Crimes against Popular
Representation .............................................. 141
a. Article 143 - Acts Tending to Prevent the
Meeting of the Assembly and Similar Bodies
141
b. Article 144 - Disturbance of Proceedings
141
c. Article 145 - Violation of Parliamentary
Immunity .................................................... 141
3. Chapter III: Illegal Assemblies and
Associations .................................................. 142
a. Article 146 - Illegal Assemblies ......... 142
b. Article 147 - Illegal Associations ....... 143
4. Chapter IV: Assault upon, and Resistance
and Disobedience to Persons in Authority and
Their Agents .................................................. 143
a. Article 148 - Direct Assaults .............. 143
b. Article 149 - Indirect Assaults ........... 144
c. Article 150 - Disobedience to summons
issued by the National Assembly, its
Committees or Subcommittees, or divisions
144
d. Article 151 - Resistance and
Disobedience to a Person in Authority or the
Agents of Such Person. ............................ 145
e. Article 152 - Persons in authority and
agents of persons in authority ................... 145
5. Chapter V: Public Disorders .................. 146
a. Article 153 - Tumults and Other
Disturbances of Public Order .................... 146
b. Article 154 - Unlawful Use of Means of
Publication and Unlawful Utterances ........ 146
c. Article 155 - Alarms and Scandals .... 147
d. Article 156 - Delivering Prisoners from
Jail 147
6. Chapter VI: Evasion of Service of Sentence
147
a. Article 157 - Evasion of Service of
Sentence ................................................... 148
b. Article 158 - Evasion of Service of
Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other
Calamities ................................................. 148
c. Article 159 - Other Cases of Evasion of
Service of Sentence .................................. 149
7. Chapter VII: Commission of Another Crime
During Service of Penalty Imposed for Another
Previous Offense ........................................... 149
CRIMINAL LAW
a. Article 160 - Commission of another
crime during service of penalty imposed for
another previous offense - Penalty ............ 149
D. CRIMES AGAINST PUBLIC INTEREST [ARTS.
161-187] ............................................................. 150
1. Chapter I: Forgeries .............................. 150
a. Article 161 – Counterfeiting the Great
Seal of the Government of the Philippine
Islands, Forging the Signature or Stamp of the
Chief Executive ......................................... 150
b. Article 162 – Using Forged Signature or
Counterfeit Seal or Stamp ......................... 150
c. Article 163 – Making and Importing and
Uttering False Coins .................................. 150
d. Article 164 – Mutilation of Coins ....... 151
e. Article 165 – Selling of False or
Mutilated Coin, without Connivance .......... 151
f. Article 166 – Forging Treasury or Bank
Notes or Other Documents Payable to Bearer;
Importing and Uttering Such False or Forged
Notes and Documents ............................... 152
g. Article 167 – Counterfeiting, Importing,
and Uttering Instruments Not Payable to
Bearer ........................................................ 153
h. Article 168 – Illegal Possession and Use
of False Treasury or Bank Notes and Other
Instruments of Credit ................................. 153
i. Article 169 – How Forgery is Committed
153
j. Article 170 – Falsification of Legislative
Documents ................................................ 154
k. Article 171 – Falsification by Public
Officer, Employee or Notary or Ecclesiastical
Minister ...................................................... 154
l. Article 172 – Falsification by Private
Individual and Use of Falsified Documents 156
m. Article 173 – Falsification of Wireless,
Cable, Telegraph and Telephone Messages,
and Use of Said Falsified Messages ......... 158
n. Article 174 – False Medical Certificates,
False Certificates of Merits of Service, Etc.
158
o. Article 175 – Using False Certificates 158
p. Article 176 – Manufacturing and
Possession of Instruments or Implements for
Falsification ............................................... 159
2. Chapter II: Other Falsities ..................... 159
a. Article 177 – Usurpation of Authority or
Official Functions ....................................... 159
b. Article 178 – Using Fictitious and
Concealing True Name ............................. 159
c. Article 179 – Illegal Use of Uniforms and
Insignia ...................................................... 160
d. Article 180 – False Testimony Against a
Defendant .................................................. 160
e. Article 181 – False Testimony Favorable
to the Defendant ........................................ 161
f. Article 182 – False Testimony in Civil
Cases ........................................................ 161
g. Article 183 – False Testimony in Other
Cases and Perjury in Solemn Affirmation .. 161
U.P. LAW BOC
h. Article 184 – Offering False Testimony in
Evidence ................................................... 162
3. Chapter III: Frauds ................................ 162
a. Article 185 – Machinations in Public
Auctions .................................................... 162
b. Article 186 – Monopolies and
Combinations in Restraint of Trade ........... 162
c. Article 187 – Importation and Disposition
of Falsely Marked Articles or Merchandise
Made of Gold, Silver, or other Precious Metals
or their Alloys ............................................ 163
E. CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS [ARTS. 190 TO 194] ......... 163
F. CRIMES AGAINST PUBLIC MORALS ...... 170
1. Chapter I: Gambling and Betting ........... 170
a. ANTI-GAMBLING LAW (PD. 1602 as
amended by RA 9287 [ANTI-ILLEGAL
NUMBERS GAMES LAW]) ....................... 170
b. INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES (PD 9287) . 171
c. Article 196 – Importation, Sale and
Possession of Lottery Tickets and
Advertisements ......................................... 172
d. Article 197 – Betting in Sports Contests
(Repealed by PD 483) ............................... 172
PENALIZING BETTING, GAME FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS (PD 483) .................. 172
e. Article 198 – Illegal Betting On Horse
Races [Repealed by Act. 309, as amended by
RA 983] ..................................................... 173
f. Article 199 – Illegal Cockfighting
[amended by PD 449] ............................... 173
2. Chapter II: Offenses Against Decency and
Good Customs .............................................. 174
a. Article 200 – Grave Scandal ............. 174
b. Article 201 – Immoral Doctrines,
Obscene Publications and Exhibitions and
Indecent Shows (as amended by PD 960 and
969) 175
c. Article 202 – Vagrants and Prostitutes
(as amended by RA 10158) ...................... 175
G. CRIMES COMMITTED BY PUBLIC
OFFICERS ........................................................ 176
1. Chapter I: Preliminary Provisions .......... 176
a. Article 203 – Who Are Public Officers176
2. Chapter II: Malfeasance and Misfeasance
in Office ......................................................... 177
a. Article 204 – Knowingly Rendering
Unjust Judgment; and ............................... 177
b. Article 205 – Judgment Rendered
Through Negligence .................................. 177
c. Article 206 – Unjust Interlocutory Order
178
d. Article 207 – Malicious Delay in the
Administration of Justice ........................... 178
e. Article 208 – Prosecution of Offenses;
Negligence and Tolerance ........................ 179
f. Article 209 – Betrayal of Trust by an
Attorney or a Solicitor – Revelation of Secrets
179
CRIMINAL LAW
g. Article 210 – Direct Bribery ............... 180
h. Article 211 – Indirect Bribery ............. 181
i. Article 211-A – Qualified Bribery ....... 182
j. Article 212 – Corruption of Public
Officials ...................................................... 182
3. Chapter III: Frauds and Illegal Exactions
and Transactions ........................................... 183
a. Article 213 – Fraud Against the Public
Treasury and Similar Offenses .................. 183
b. Article 214 – Other Frauds ................ 184
c. Art. 215 – Prohibited Transactions .... 184
d. Article 216 – Possession of Prohibited
Interest by a Public Officer ........................ 184
4. Chapter IV: Malversation of Public Funds
or Property ..................................................... 184
a. Article 217 – Malversation of Public
Funds or Property - Presumption of
Malversation .............................................. 184
b. Article 218 – Failure of Accountable
Officer to Render Accounts ....................... 186
c. Article 219 – Failure of a Responsible
Public Officer to Render Accounts Before
Leaving the Country .................................. 187
d. Article 220 – Illegal Use of Public Funds
or Property ................................................. 187
e. Article 221 - Failure to Make Delivery of
Public Funds or Property ........................... 187
f. Article 222 – Officers Included in the
Preceding Provisions ................................. 188
5. Chapter V: Infidelity of Public Officers ... 188
a. Article 223 – Conniving With or
Consenting to Evasion .............................. 188
b. Article 224 – Evasion through
Negligence ................................................ 189
c. Article 225 – Escape of Prisoner under
the Custody of a Person Not a Public Officer
189
d. Article 226 – Removal, Concealment, or
Destruction of Documents ......................... 190
e. Article 227 – Officer Breaking Seal ... 190
f. Article 228 – Opening of Closed
Documents ................................................ 190
g. Article 229 – Revelation of Secrets by an
Officer ........................................................ 191
h. Article 230 – Public Officers Revealing
Secrets of Private Individuals .................... 191
6. Chapter VI: Other Offenses or Irregularities
by Public Officers ........................................... 192
a. Article 231 – Open Disobedience ..... 192
b. Article 232 – Disobedience to the Order
of Superior Officer When Said Order Was
Suspended by Inferior Officer .................... 192
c. Article 233 – Refusal of Assistance .. 192
d. Article 234 – Refusal to Discharge
Elective Office ........................................... 192
e. Article 235 – Maltreatment of Prisoners
193
f. Article 236 – Anticipation of Duties of a
Public Officer ............................................. 193
g. Article 237 – Prolonging Performance of
Duties and Powers .................................... 194
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h. Article 238 – Abandonment of Office or
Position ..................................................... 194
i. Article 239 – Usurpation of Legislative
Powers ...................................................... 194
j. Article 240 – Usurpation of Executive
Functions ................................................... 194
k. Article 241 – Usurpation of Judicial
Functions ................................................... 195
l. Article 242 – Disobeying Request for
Disqualification .......................................... 195
m. Article 243 – Orders or Request by
Executive Officer to Any Judicial Authority 195
n. Article 244 – Unlawful Appointments 195
o. Article 245 – Abuses Against Chastity
195
H. CRIMES AGAINST PERSONS ................. 196
1. Chapter I: Destruction of Life ................ 196
a. Article 246 – Parricide ....................... 196
b. Article 247 – Death or Physical Injuries
Under Exceptional Circumstances ............ 197
c. Article 248 – Murder ......................... 197
d. Article 249 – Homicide ...................... 198
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide .................. 199
f. Article 251 - Death Caused in
Tumultuous Affray ..................................... 199
g. Article 252 - Physical Injuries Caused in
Tumultuous Affray ..................................... 200
h. Article 253 - Giving Assistance to
Suicide ...................................................... 200
i. Article 254 - Discharge of Firearms .. 200
j. Article 255 – Infanticide .................... 201
k. Article 256 - Intentional Abortion ....... 202
l. Article 257 - Unintentional Abortion .. 202
m. Article 258 - Abortion Practiced by the
Woman Herself or by Parents ................... 203
n. Article 259 - Abortion by a Physician or
Midwife and Dispensing of Abortives ........ 203
o. Article 260 - Responsibility of
Participants in a Duel ................................ 204
p. Article 261 - Challenging to a Duel ... 204
2. Chapter II: Physical Injuries .................. 204
a. Article 262 – Mutilation ..................... 204
b. Article 263 - Serious Physical Injuries
205
c. Article 264 - Administering Injurious
Substances or Beverages ......................... 206
d. Article 265 - Less Serious Physical
Injuries ....................................................... 206
e. Article 266 - Slight Physical Injuries and
Maltreatment ............................................. 207
3. Chapter III : Rape .................................. 208
a. Article 266 - A – Rape (as amended by
RA 8353) ................................................... 208
b. Article 266 - B – Qualified Rape ....... 210
c. Art. 266 - C - Effect of Pardon .......... 210
d. Art. 266 - D - Presumptions .............. 211
I. CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY ................................................ 211
1. Chapter I: Crimes Against Liberty ......... 211
CRIMINAL LAW
a. Article 267 - Kidnapping and Serious
Illegal Detention ......................................... 211
b. Article 268 - Slight Illegal Detention .. 212
c. Article 269 - Unlawful Arrest ............. 213
d. Article 270 - Kidnapping and Failure to
Return a Minor ........................................... 213
e. Article 271 - Inducing a Minor to
Abandon His Home ................................... 214
f. Article 272 – Slavery ......................... 214
g. Article 273 - Exploitation of Child Labor
214
h. Article 274 - Services Rendered Under
Compulsion in Payment of Debt ................ 214
2. Chapter II: Crimes Against Security ...... 215
a. Article 275 - Abandonment of Persons in
Danger and Abandonment of Own Victim . 215
b. Article 276 - Abandoning a Minor ...... 215
c. Article 277 - Abandonment of Minor by
Person Entrusted With Custody; Indifference
of Parents .................................................. 216
d. Article 278 - Exploitation of Minors ... 216
e. Article 279 – Additional Penalties for
Other Offenses .......................................... 217
f. Article 280 - Qualified Trespass to
Dwelling ..................................................... 217
g. Article 281 - Other Forms of Trespass
219
h. Article 282 - Grave Threats ............... 219
i. Article 283 - Light Threats ................. 220
j. Article 284 - Bond for Good Behavior 220
k. Article 285 – Other Light Threats ...... 221
l. Article 286 - Grave Coercions ........... 221
m. Article 287 - Light Coercions ......... 222
n. Article 288 - Other Similar Coercions 222
o. Article 289 - Formation, Maintenance,
and Prohibition of Combination of Capital or
Labor through Violence or Threats (repealed
by Labor Code) .......................................... 223
3. Chapter III: Discovery and Revelation of
Secrets .......................................................... 223
a. Article 290 - Discovering Secrets
through Seizure of Correspondence ......... 223
b. Article 291 - Revealing Secrets with
Abuse of Office .......................................... 223
c. Article 292 - Revelation of Industrial
Secrets ...................................................... 224
J. CRIMES AGAINST PROPERTY ............... 224
1. Chapter I: Robbery in General .............. 224
a. Article 293 – Who Are Guilty of Robbery
224
b. Article 294 – Robbery with Violence or
Intimidation of Persons .............................. 226
c. Art. 295 – Robbery with Physical Injuries
Committed in an Uninhabited Place and by a
Band or With the Use of a Firearm on a
Street, Road or Alley ................................. 229
d. Art. 296 – Definition of a Band and
Penalty Incurred by the Members thereof . 229
e. Article 297 – Attempted and Frustrated
Robbery Committed under Circumstances 230
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f. Article 298 – Execution of Deeds by
Means of Violence or Intimidation ............. 231
g. Article 299 – Robbery in an Inhabited
House/Public Building or Edifice Devoted to
Worship ..................................................... 231
h. Article 300 – Robbery in an Uninhabited
Place and by a Band ................................. 232
i. Article 301 – What is an Inhabited
House, Public Building or Building Dedicated
to Religious Worship and Their Dependencies
233
j. Article 302 – Robbery in an Uninhabited
Place or in a Private Building .................... 233
k. Article 303 – Robbery of Cereals, Fruits,
or Firewood in an Uninhabited Place or
Private Building ......................................... 234
l. Article 304 – Possession of Picklocks or
Similar Tools ............................................. 234
m. Article 305 – False Keys ............... 234
2. Chapter II: Brigandage .......................... 234
a. Article 306 – Brigandage .................. 235
b. Article 307 – Aiding and Abetting a Band
of Brigands ................................................ 235
3. Chapter III: Theft ................................... 236
a. Article 308 – Who are Liable for Theft
236
b. Article 309 – Penalties ...................... 237
c. Article 310 – Qualified Theft ............. 237
d. Article 311 – Theft of Property of the
National Library and National Museum ..... 238
4. Chapter IV: Usurpation ......................... 239
a. Article 312 – Occupation of Real
Property or Usurpation of Real Rights in
Property ..................................................... 239
b. Article 313 – Altering Boundaries or
Landmarks ................................................ 239
5. Chapter V: Culpable Insolvency ............ 239
a. Article 314 – Fraudulent Insolvency .. 239
6. Chapter VI: Swindling and Other Deceits
240
a. Article 315 – Swindling or Estafa ...... 240
b. Article 316 – Other Forms of Swindling
246
c. Article 317 – Swindling a Minor ........ 247
d. Article 318 – Other Deceits ............... 248
7. Chapter VII: Chattel Mortgage .............. 248
a. Article 319 - Removal, Sale, or Pledge of
Mortgaged Property .................................. 248
8. Chapter VIII : Arson and Other Crimes
Involving Destruction ..................................... 248
a. Articles 320-326B (Repealed by PD
1613, as amended by RA 7659) ............... 248
9. Chapter IX – Malicious Mischief ............ 250
a. Art. 327 - Who are Liable for Malicious
Mischief ..................................................... 250
b. Art. 328 – Special Cases of Malicious
Mischief ..................................................... 250
c. Art. 329 – Other Mischiefs ................ 251
d. Art. 330 – Damage and Obstruction to
Means of Communication ......................... 251
CRIMINAL LAW
e. Art. 331 – Destroying or Damaging
Statues, Public Monuments or Paintings ... 252
10. Chapter X – Exemption from Criminal
Liability Against Property ............................... 252
a. Art. 332 – Persons Exempt from
Criminal Liability ........................................ 252
K. CRIMES AGAINST CHASTITY ................. 252
1. Chapter I – Adultery and Concubinage . 252
a. Article 333 – Adultery ........................ 252
b. Article 334 – Concubinage ................ 254
2. Chapter II – Rape and Acts of
Lasciviousness .............................................. 254
a. Article 335 – When and How Rape is
Committed (repealed by RA No. 8353) ..... 254
b. Article 336 - Acts of Lasciviousness . 255
3. Chapter III – Seduction, Corruption of
Minors and White Slave Trade ...................... 256
a. Article 337 - Qualified Seduction ....... 256
b. Article 338 - Simple Seduction .......... 257
c. Article 339 - Acts of Lasciviousness with
the Consent of the Offended Party ............ 258
d. Article 340 - Corruption of Minors (as
amended by BP Blg. 92) ........................... 258
e. Article 341 - White Slave Trade ........ 259
4. Chapter IV - Abduction .......................... 259
a. Article 342 - Forcible Abduction ........ 259
b. Article 343 - Consented Abduction ... 260
5. Chapter V: Provisions Relating to the
Preceding Chapters of Title 11 ...................... 261
a. Article 344 - Prosecution of Private
Offenses .................................................... 261
b. Article 345: Civil Liability of Persons
Guilty of Crimes Against Chastity .............. 262
c. Article 346 – Liability of Ascendants,
Guardians, Teachers and Other Persons
Entrusted with the Custody of the Offended
Party .......................................................... 262
L. CRIMES AGAINST THE CIVIL STATUS OF
PERSONS ......................................................... 263
1. Chapter I: Simulation of Births and
Usurpation of Civil Status .............................. 263
a. Article 347 - Simulation of Births,
Substitution of One Child for Another, and
Concealment or Abandonment of a Legitimate
Child 263
b. Article 348 - Usurpation of Civil Status
264
2. Chapter II: Illegal Marriages .................. 264
a. Article 349 – Bigamy ......................... 264
b. Article 350 - Marriage Contracted
against Provisions of Laws ........................ 266
c. Article 351 - Premature Marriage
(Repealed by RA No. 10655) .................... 266
d. Article 352 - Performance of Illegal
Marriage Ceremony ................................... 266
M. CRIMES AGAINST HONOR.................. 266
1. Chapter I – Libel .................................... 266
a. Article 353 - Libel .............................. 266
b. Art. 354 – Requirement of Publicity .. 268
c. Art. 355 – Libel by Means of Writings or
Similar Means ............................................ 270
U.P. LAW BOC CRIMINAL LAW

d. Art. 356 – Threatening to Publish and

Offer to Prevent such Publication for a
Compensation ........................................... 271
e. Art. 357 – Prohibited Publication of Acts
Referred to in the Course of Official
Proceedings .............................................. 271
f. Art. 358 – Slander ............................. 271
g. Art. 359 – Slander by Deed .............. 272
h. Art. 360 – Persons Responsible for Libel
273
i. Art. 361 – Proof of Truth ................... 274
j. Art. 362 – Libelous Remarks ............ 274
2. Chapter II – Incriminatory Machinations 274
a. Art. 363 – Incriminating Innocent
Persons ..................................................... 274
b. Art. 364 – Intriguing Against Honor ... 275
N. QUASI-OFFENSES .............................. 276
1. Sole Chapter ......................................... 276
a. Art. 365 – Criminal Negligence ......... 276
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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

4. Alters legal rules of Evidence and

I. PRINCIPLES OF authorizes conviction upon
CRIMINAL LAW less/different testimony
5. Assumes to regulate civil Rights and
remedies only
A. GENERAL PRINCIPLES 6. Deprives accused of lawful Protection
to which he is entitled [In Re: Kay
Villegas Kami, G.R. No. L-32485
(1970)]
Definition of Criminal Law
That branch of public substantive law which
Bill of Attainder – inflicts punishment
defines crimes, treats of their nature, and
without trial, substituting a legislative act
provides for their punishment. [REYES, Book
for a judicial determination of guilt
1]
[People v. Ferrer, G.R. No. L-32613-14
(1972)]
Crime
An act committed or omitted in violation of a
2. No person shall be held to answer for a
public law forbidding or commanding it. It is a
criminal offense without Due Process of
generic term used to refer to a wrongdoing
law. [Art. III, Sec. 14(1), 1987 Constitution]
punished by either the RPC or a special law.
3. Excessive fines shall not be imposed, nor
[ORTEGA]
cruel, degrading or inhuman Punishment
inflicted. [Art. III, Sec. 19(1), 1987
Nullum crimen nulla poena sine lege
Constitution]
There is no criminal liability if the act is not
punishable by a particular provision in penal
law or special penal law. There is no crime 1. Mala in se and Mala prohibita
when there is no law punishing it. [Potenciano Mala in Se Mala Prohibita
Evangelista v. People, G.R. Nos. 108135-36, (“Evil in Itself”) (“Prohibited Evil”)
14 (2000)] Definition
A crime or an act An act that is
Sources of Criminal Law: that is inherently considered a crime
1. Revised Penal Code (Act No. 3815) immoral, such as because it is
2. Special Penal laws murder, arson, or prohibited by
3. Penal Presidential Decrees issued during rape [Black’s Law statute, although the
Martial Law Dictionary, 9th ed.] act itself is not
4. Local Ordinances necessarily immoral
[Black’s Law
LIMITATIONS ON POWER OF CONGRESS Dictionary, 9th ed.]
TO ENACT PENAL LAWS [Ex-DPP] As to Laws Violated
1. No Ex post facto law or bill of attainder shall General Rule: RPC Special Laws
be enacted. [Art. III, Sec. 22, 1987 Exception: A crime
Constitution] is mala in se, even if
punishable under a
Ex post facto law [CA-PERP]: special law, when
1. Makes Criminal an act which was the acts are
innocent when done inherently immoral
2. Aggravates a crime/makes it greater (e.g., plunder).
than when it was committed [Estrada v.
3. Inflicts a greater Punishment than Sandiganbayan,
prescribed when committed G.R. No. 148560
(2001)]

Page 2 of 286
U.P. LAW BOC CRIMINAL LAW I
As to Use of Good Faith as a Defense
Valid defense General Rule: Not
a valid Defense
Exceptions:
1. Civilian guards
acting in good
faith in carrying
firearms with no
intention of
committing an
offense were
able to claim lack
of intent as a
defense.
2. Accused has a
pending
application for
permanent permit
to possess a
firearm [People v.
Mallari, G.R. No.
L-58886 (1988)]
As to Criminal Intent as an Element
Criminal intent is Criminal intent is not
necessary necessary
As to Degree of Accomplishment
Taken into account Not taken into
in determining the account; the act is
penalty to be punishable only
imposed. when consummated
As to Effect of Mitigating and
Aggravating Circumstances
Taken into account Not taken into
in determining the account in
imposable penalty determining the
imposable penalty,
unless provided for
by special law
As to Degree of Participation
*Presupposes more than one (1)
offender
Degree of Degree of
participation of each participation of each
offender is taken offender is not taken
into account. into account and all
who participated in
the act are punished
to the same extent.
As to Persons Criminally Liable
Page 3 of 286
CRIMINAL LAW
Principal, Only the principal is
accomplice & liable.
accessory.
Penalty of offenders
Penalty is computed is same whether
based whether he is they acted as mere
a principal offender accomplices or
or merely an accessories
accomplice or
accessory
As to Stages of Execution
There are three No stages of
stages: attempted, execution
frustrated &
consummated
As to Division of Penalties
Penalties may be There is no such
divided into degrees division of penalties.
and periods.
2. Scope and Characteristics
a. Generality
General Rule: Penal laws are obligatory on all
persons who live or sojourn in Philippine
territory, regardless of nationality, gender, or
other personal circumstances, subject to the
principles of public international law and to
treaty stipulations. [Art. 14, NCC]
Exceptions:
1. Treaty Stipulations
2. Laws of Preferential Application
3. Principles of Public International Law
4. Warship Rule
i. TREATY STIPULATIONS [Arts. 2
and 14, NCC]
The Visiting Forces Agreement (VFA) signed
on Feb. 10, 1988 is an agreement between the
Philippine and US Government regarding the
treatment of US Armed Forces visiting the
Philippines.
U.P. LAW BOC CRIMINAL LAW I
Rules on Jurisdiction Under the VFA
Crime Jurisdiction
Crime is punishable Philippines has
under Philippine exclusive jurisdiction.
laws, but not under
US laws
Crime is punishable US has exclusive
under US laws, but jurisdiction.
not under Philippine
laws
Crime is punishable Philippines has
under both US and primary but
Philippine laws concurrent
jurisdiction with the
US.
Rules on Concurrent Jurisdiction [Art. V (3),
VFA]
General Rule: Philippine authorities shall have
the primary right to exercise jurisdiction over
offenses committed by United States
personnel.
Exceptions:
1. If the offense was committed solely against
the property or security of the United States.
2. If the offense was solely against the
property or person of United States
personnel.
3. If the offense arose out of any act or
omission done in performance of official
duty.
NOTE: The authorities of the Philippines and
the United States shall notify each other of the
disposition of all cases in which both the
authorities of the Philippines and the United
States have the right to exercise jurisdiction.
Offenses Relating to Security for purposes
of the VFA [Art. V (2)(c), VFA]
1. Treason
2. Sabotage
3. Espionage
4. Violation of any law relating to national
defense
Page 4 of 286
CRIMINAL LAW
Waiver of Jurisdiction
The authorities of either government may
request the authorities of the other government
to waive their primary right to exercise
jurisdiction in a particular case.
General Rule: Philippine authorities will, upon
request by the United States, waive their
primary right to exercise jurisdiction.
Exceptions: In cases of particular importance
to the Philippines, for example, crimes
punishable under:
1. R.A. 7659 (Heinous crimes)
2. R.A. 7610 (Child Abuse cases)
3. R.A. 9165 (Dangerous Drugs cases)
ii. LAWS OF PREFERENTIAL
APPLICATION [Art. 2, NCC]
RA No. 75 penalizes acts which would impair
the proper observance by the Republic and
inhabitants of the Philippines of the immunities,
rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.
Rules on Jurisdiction [Secs. 4 to 5, R.A. 75]
General Rule: The following persons are
exempt from arrest and imprisonment, and
their properties exempt from distraint, seizure
and attachment [AMS]:
1. Ambassadors
2. Public Ministers
3. Domestic Servants of ambassadors or
ministers
Exceptions: If the writ or process sued out or
prosecuted is [PhDS]:
1. Against a person who is a citizen or
inhabitant of the Philippines, provided:
a. The person is in the service of an
ambassador or a public minister; and
b. Process is founded upon a debt
contracted before he entered upon such
service
2. Against the Domestic Servant of an
ambassador or a public minister,
provided:
a. The name of the servant has been
registered in the Department of Foreign
Affairs, (DFA) and transmitted by the
U.P. LAW BOC CRIMINAL LAW I
Secretary of Foreign Affairs to the Chief
of Police of the City of Manila; but
b. The registration was only made after the
writ or process has been issued or
commenced
NOTE: RA No. 75 is not applicable when the
foreign country adversely affected does not
provide similar protection to our diplomatic
representatives [Sec. 7, R.A. 75]
iii. PRINCIPLES OF PUBLIC
INTERNATIONAL LAW
Who are Exempt [SCAMMP]:
1. Sovereigns and other heads of state
2. Charges d’ affaires
3. Ambassadors
4. Ministers
5. Minister resident
6. Plenipotentiary [REYES, Book 1]
Who are not exempt [CVC]:
1. Consuls
2. Vice-consuls
3. Other Commercial representatives of
foreign nations do not possess such status
and cannot claim the privileges and
immunities accorded to ambassadors and
ministers. [Sec. 249, Wheaton, International
Law]
Condition for Immunity to Apply
Diplomatic immunity only applies when the
diplomatic officer is engaged in the
performance of his official functions [Minucher
v. Court of Appeals, G.R. No. 142396 (2003)]
iv. WARSHIP RULE
A warship of another country, even though
docked in the Philippines, is considered an
extension of the territory of its respective
country. [Art. 27, United Nations Convention on
the Laws of the Sea]
b. Territoriality
General Rule: Penal laws of the country have
force and effect only within its territory. It
Page 5 of 286
CRIMINAL LAW
cannot penalize crimes committed outside its
territory.
Scope of Territory
The territory of the country is not limited to the
land where its sovereignty resides but includes
also its maritime and interior waters as well as
its atmosphere. [Art. 2, RPC]
Theory on Aerial Jurisdiction - Absolute
Theory
The subjacent state has complete jurisdiction
over the atmosphere above it subject only to
the innocent passage by aircraft of a foreign
country.
If the crime is committed in an aircraft, no
matter how high, as long as it is within the
Philippine atmosphere, Philippine criminal law
will govern. The Philippines has complete and
exclusive sovereignty over the airspace above
its territory [Art. 1, Convention on International
Civil Aviation].
Exceptions [SCIONS] [Art. 2, RPC]:
1. Crimes committed while on a Philippine
Ship or airship
2. Forging/Counterfeiting of Coins or Currency
Notes in the Philippines
3. Introduction of #2 into the country
4. Offenses committed by public officers or
employees in the exercise of their functions.
5. Crimes against National Security and the
law of nations, defined in Title One of Book
Two of this Code
i. CRIMES COMMITTED ABOARD
A PHILIPPINE SHIP OR AIRSHIP
[Art 2 (1), RPC]
Requisites [REYES, Book 1]:
1. Crime is committed while the ship is
treading in:
a. Philippine waters (intraterritorial), or
b. The high seas (extraterritorial)
2. The ship or airship must not be within the
territorial jurisdiction of another country
3. The ship or airship must be registered in the
Philippines under Philippine laws
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Difference between Jurisdiction of counterfeited the items are criminally liable

Merchant Vessels and Foreign Warships even if they did not introduce the counterfeit
Merchant Vessels (applying English Rule) items.
Acts committed on a merchant vessel within
the territorial limits of the Philippines are iv. WHEN PUBLIC OFFICERS OR
subject Philippine penal laws if they breach EMPLOYEES COMMIT AN
public order [People v. Wong Cheng, G.R. No. OFFENSE IN THE EXERCISE OF
L-18924 (1922)] and local courts are not THEIR FUNCTIONS. [Art. 2 (4),
deprived of jurisdiction over offenses on board RPC]
a merchant vessel if they disturb the order of
the country. [US v. Bull, G.R. No. L-5270 Crimes committee in the exercise of their
(1910)] functions
1. Direct bribery [Art. 210]
Foreign Warships - are reputed to be the 2. Qualified Bribery [Art. 211-A]
territory of the country to which they belong and 3. Indirect bribery [Art. 211]
are not subject to the laws of another state. [US 4. Corruption [Art. 212]
v. Fowler, G.R. No. L-496 (1902)] 5. Frauds against the public treasury [Art.
● Nationality of Vessel – determined by the 213]
country of registry and not its ownership. 6. Possession of prohibited interest [Art. 216]
● Example: A Filipino-owned vessel 7. Malversation of public funds or property
registered in China must fly the Chinese [Art. 217]
flag. 8. Failure to render accounts [Art. 218]
9. Illegal use of public funds or property [Art.
ii. FORGING/COUNTERFEITING 220]
OF COINS OR CURRENCY 10. Failure to make delivery of public funds or
NOTES IN THE PHILIPPINES property [Art. 221]
[Art. 2 (2), RPC] 11. Falsification by a public officer or
employee by abuse of his official position
Forgery [Art. 171]
Committed by giving a treasury or bank note or 12. Crimes committed in relation to the
any instrument payable to bearer or to order performance of a public officer or
the appearance of a true genuine document or employee of his/her duties in a foreign
by erasing, substituting, counterfeiting or country.
altering, by any means, the figures, letters,
words, or signs contained therein [Art. 169, Embassy
RPC]. Embassy grounds are considered as
extensions of the sovereignty of the country
If forgery is committed abroad, it must refer occupying them. [Minucher v. Court of
only to Philippine coin, currency note, Appeals, G.R. No. 142396 (1992)]
obligations and securities [REYES, Book 1].
v. CRIMES AGAINST NATIONAL
iii. INTRODUCTION OF FORGED/ SECURITY AND THE LAW OF
COUNTERFEITED NATIONS [Art 2 (5), RPC]
OBLIGATIONS AND
SECURITIES IN THE COUNTRY Crimes against national security
[Art. 2 (3), RPC] 1. Treason [Art. 114]
2. Conspiracy and proposal to commit treason
Those who introduced the counterfeit items are [Art. 115]
criminally liable even if they were not the ones 3. Misprision of treason [Art. 116]
who counterfeited the obligations and 4. Espionage [Art. 117]
securities. On the other hand, those who 5. Terrorism [R.A. 9372]

Page 6 of 286
U.P. LAW BOC CRIMINAL LAW I
Crimes against the law of nations
1. Inciting to war or giving motives for reprisals
[Art.118]
2. Violation of neutrality [Art. 119]
3. Correspondence with hostile country [Art.
120]
4. Flight to enemy’s country [Art.121]
5. Piracy in general and mutiny on the high
seas or in Philippine waters [Art. 122]
6. Terrorism [R.A. 9372]
NOTE: Crimes against public order (e.g.,
rebellion, coup d’etat, sedition) committed
abroad is under the jurisdiction of the host
country.
Human Security Act
Sec. 58: Subject to the provision of an existing
treaty of which the Philippines is a signatory
and to any contrary provision of any law of
preferential application, the provisions of this
Act shall apply to individuals who although
physically outside the territorial limits of
the Philippines [TSCG]:
1. Commit, conspire or plot to commit any of
the crimes defined and punished in this Act
inside the Territorial limits of the Philippines;
2. Commit any of the said crimes on board
Philippine Ship or Philippine airship;
3. Commit said crimes against Philippine
Citizens or persons of Philippines descent,
where their citizenship or ethnicity was a
factor in the commission of the crime; and
4. Commit said crimes directly against the
Philippine Government. [Sec. 58, R.A.
9372].
c. Prospectivity
No felony shall be punishable by any penalty
not prescribed by law prior to its commission.
[Art. 21, RPC]
Without prejudice to Art. 22, felonies and
misdemeanors, committed prior to the
effectivity of the RPC, shall be punished in
accordance with the Code or Acts in force at
the time of their commission [Art. 366, RPC].
Page 7 of 286
CRIMINAL LAW
3. Pro Reo Principle
Applicability of Principle
Penal statutes should be strictly construed
against the State only when the law is
ambiguous and there is doubt regarding its
interpretation. Where the law is clear and
unambiguous, there is no room for the rule to
apply. [People v. Gatchalian, G.R. No. L-
12011-14 (1958)] In dubio pro reo.
Cf. Rule of Lenity
Between two potential interpretations of a
penal law, one prejudicial and another
favorable, the more lenient one must be
adopted. [Ient v. Tullett, G.R. No. 189158
(2017)]
Basis: All doubts shall be construed in favor of
the accused and on the presumption of his
innocence [Art. III, Sec. 14(2), 1987
Constitution]
4. Interpretation of Penal Laws
Equipoise Doctrine
When the evidence of the prosecution and the
defense are equally balanced, the scale should
be tilted in favor of the accused, according to
the constitutional presumption of innocence.
[Tin v. People, G.R. No. 126480 (2001)]
Spanish Text of the RPC Prevails over its
English Translation
In the construction or interpretation of the
provision of the RPC, the Spanish text is
controlling, because it was approved by the
Philippine Legislature in its Spanish text.
[People v. Manaba, G.R. No. L-38725 (1933)]
5. Retroactive Application if
Favorable to the Accused
General Rule: No felony shall be punishable
by any penalty not prescribed by law prior to its
commission. [Art. 21, RPC].
Exception: Insofar as they favor the person
guilty of a felony although at the time of the
publication of such laws, a final sentence has
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

been pronounced and the convict is serving the Effects of Amendment [REYES, Book 1]
same. [Art. 22, RPC] Amendment Effect
Makes penalty New law applies
Exceptions to the Exception: lighter (see Exception
1. The new law is expressly made inapplicable above)
to pending actions or existing cause of Makes penalty Law in force at the
actions heavier time of commission
2. The offender is a habitual criminal. of the offense
applies
Rationale: The punishability of an act must be Increases fine but Not ex post facto, so
reasonably known for the guidance of society. decreases penalty of law and penalty is
[People v. Jabinal, G.R. No. L-30061 (1974)] imprisonment retroactively applied
[CRUZ]
Effects of Repeal [REYES, Book 1]
Absolute/ Partial/
Total Repeal Relative Repeal
Nature of Repeal B. FELONIES
Crime punished by Crime punished
repealed law is under the repealed
decriminalized/ no law continues to be
longer punishable, a crime 1. Criminal Liabilities
so it is obliterated
a. Classification of Felonies
Examples: When
the repealing law Definition of Terms
fails to penalize the 1. Crime - an act committed or omitted in
offense under the violation of a public law forbidding or
old law commanding it. It is a generic term used to
Effect as to Pending Cases refer to a wrongdoing punished by either the
Pending cases are If repeal is favorable RPC or a special law. [ORTEGA]
dismissed and to the accused, 2. Felony – crime punishable under the
unserved penalties repealing law must Revised Penal Code (RPC).
are remitted. be applied except 3. Offense – crime punishable under special
when reservation in laws.
the law states it 4. Misdemeanor - minor infraction of the law,
does not apply to such as a violation of an ordinance.
pending cases
Effect when Sentence is Already Being How committed
Served Art. 3. Definitions. – Acts and omissions
Offenders are The more lenient punishable by law are felonies (delitos).
entitled to release. law must be applied
except when: (1) Felonies are committed not only by means of
reservation exists in deceit (dolo) but also by means of fault
law; or (2) when (culpa).
offender is a
habitual criminal There is deceit when the act is performed
with deliberate intent and there is fault when
the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.

Page 8 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

ELEMENTS OF A FELONY Degree of proof

1. An Act or Omission Proof beyond reasonable doubt [Villareal v.
a. Act – Any kind of body movement which People, G.R. No. 151258 (2012)].
tends to produce some effect in the
external world; includes possession Specific Criminal Intent
b. Omission – The failure to perform a General Criminal Specific Criminal
positive duty which one is bound to do Intent Intent
under the law. There must be a law
requiring the performance of an act, As to Intention
without such law, there is no liability.
2. Committed by means of: The intention to do The intention to
a. Dolo (i.e. willfully) or something wrong. commit a definite act.
b. Culpa (i.e. negligently) As to Presumption
3. Punished by the Code
Presumed from the Existence is not
Classifications: mere doing of a presumed.
1. According to manner of commission wrong act.
2. According to nature
3. According to stages of execution As to Burden of Proof
4. According to gravity of penalties
The burden is upon Since the specific
5. According to plurality of crimes
the wrongdoer to intent is an element
i. According to Manner of prove that he acted of the crime, the
Commission without such criminal burden is upon the
intent. prosecution to
A. INTENTIONAL FELONIES (Dolo) establish its
Crime committed with deliberate intent existence.

Actus Non Facit Reum, Nisi Mens Sit Rea
An act does not make a defendant guilty
without a guilty mind. [REYES]
Mens rea
A guilty mind, a guilty or wrongful purpose or
criminal intent, and essential for criminal
liability. [People v Valenzuela, G.R. No.
160188 (2007)]
Requirements of Dolo or Malice [FID]:
1. Freedom – Voluntariness on the part of the
person who commits the act or omission.
2. Intelligence – Capacity to know and
understand the consequences of one’s act.
3. Dolo – Intent to commit the act with malice
is a purely mental process, and is presumed
from the proof of the commission of an
unlawful act. Intent presupposes the
exercise of freedom and the use of
intelligence. [REYES, Book 1]
Examples of Crimes requiring Specific
Criminal Intent
1. Robbery – intent to gain [Art. 293[
2. Theft – intent to gain [Art. 308[
3. Homicide – intent to kill [Art. 249[
4. Forcible Abduction – intent of lewd designs
[Art. 342[
Must be Alleged in Information
Where the specific intent of the malefactor is
determinative of the crime charged, such
specific intent must be alleged in the
information and proved by the prosecution.
[People v. Delim, G.R. No. 142773 (2003)]
How proven
Specific intent may be proved by direct
evidence or by circumstantial evidence
(inferred from the circumstances of the actions
of the accused as established by evidence).
[People v. Delim, supra.]

Page 9 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Intent to Commit the Crime v. Intent to Can be an element Not an essential

Perpetrate the Act of a felony (if element of a crime,
In cases of mala prohibita, there is a conclusive committed by means except for certain
implication of a guilt, despite the honest of dolo). instances.
mistake of the offender as to the meaning of
the law he violates. In such a case, although
the accused did not consciously intend to Mistake of Fact v. Mistake of Law
commit a crime, there is an intent to commit an Mistake of Fact Mistake of Law
act, and that act is by the very nature of things,
the crime itself. The wording of the law is such As to Definition
that the intent and the act are inseparable. The
Misapprehension of Want of knowledge or
act is the crime. [U.S. v. Go Chico, G.R. No.
fact on the part of acquaintance with the
4963 (1909)]
the person causing laws of the land
injury to another. insofar as they apply
Motive
There is no criminal to the act, relation,
It is the moving power which impels one to
intent. [REYES, at duty, or matter under
action to achieve a definite result [REYES,
44] consideration [Black's
Book 1]
Law Dictionary 435
(9th ed. 2009), at
Motive is Not Considered as an Element
589[
General Rule: Not an essential element of a
crime As to the Defense of Good Faith

Exceptions: Good faith is a Good faith is not

1. When the act brings about variant crimes defense. defense.
(e.g. kidnapping v. robbery [People v. Puno,
G.R. No. 97471 (1993)] An honest mistake Ignorance of the law
2. When identity of perpetrator is in doubt of fact destroys the excuses no one from
[People v. Hassan, G.R. No. L-68969 presumption of compliance therewith
(1988)] criminal (ignorantia legis non
3. When there is the need to ascertain the truth intent which arises excusat).
between two antagonistic versions of the upon the
crime. [People v. De Los Santos, G.R. No. commission of a
131588 (2001)] felonious act.
4. When evidence on the commission of the [REYES, Book 1]
crime is purely circumstantial
Requisites of Mistake of Fact as a Defense
Intent v. Motive [LIM]:
Intent Motive 1. The act done would have been Lawful had
the facts been as the accused believed
As to Nature them to be.
State of mind Moving power which 2. The Intention of the accused in performing
accompanying the impels one to action the act should be lawful.
act to achieve a definite 3. That the Mistake must be without fault or
result [REYES, Book carelessness on the part of the accused.
1]
B. CULPABLE FELONIES
As an Element Crime resulting from negligence, reckless
imprudence, lack of foresight or lack of skill.

Page 10 of 286
U.P. LAW BOC CRIMINAL LAW I
Rationale: A man must use his common sense
and exercise reflection in all his acts. It is one’s
duty to be cautious, careful and prudent, and
not to expose other people’s lives and property
at risk of injury or damage. The law penalizes
thus the negligent or careless act, not the result
thereof. [Ivler v. Modesto-San Pedro, G.R. No.
172716 (2010)]
Requisites of Culpa [FINI]:
1. Freedom
2. Intelligence
3. Negligence or Imprudence
Negligence – It indicates deficiency of
perception. It is the failure of a person to pay
proper attention and to use diligence in
foreseeing the injury or damage impending to
be caused. Often associated with lack of
foresight. [REYES, Book 1]
Imprudence – It indicates deficiency of action.
A person fails to take the necessary precaution
to avoid injury to another person or damage to
property. Often associated with lack of skill.
[REYES, Book 1]
Resulting harm or injury
Unless the negligent or imprudent act results in
harm or injury to another, there is no criminal
liability. [REYES, Book 1]
Rule of Negative Ingredient. This rule states
that:
1. The prosecution must first identify what the
accused failed to do.
2. Once this is done, the burden of evidence
shifts to the accused.
3. The accused must show that the failure did
not set in motion the chain of events leading
to the injury [Carillo v. People, G.R. No.
86890 (1994)].
ii. According to Nature
A. MALA IN SE
A crime or an act that is inherently immoral,
such as murder, arson, or rape [Black’s Law
Dictionary, 9th ed.]
Page 11 of 286
CRIMINAL LAW
B. MALA PROHIBITA
An act that is a crime because it is prohibited
by statute, although the act itself is not
necessarily immoral [Black’s Law Dictionary,
9th ed.]
iii. According to Stages of
Execution
Art. 6. Consummated, frustrated and
attempted felonies – Consummated
felonies as well as those which are frustrated
and attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all the
acts of execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly or over acts and does not perform all
the acts of execution which should produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance.
Three (3) Stages of Acts of Execution are:
1. Attempted - When the offender
commences the commission of a felony
directly by overt acts but does not produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance
2. Frustrated - When the offender performs all
the acts of execution which would produce
the felony but does not produce it by reason
of causes independent of the will of the
perpetrator
3. Consummated - When all the elements
necessary for its execution and
accomplishment are present; the felony is
produced
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

NOTE: To be extensively discussed in latter B. LESS GRAVE FELONIES

parts. Less grave felonies are those which the law
punishes with penalties which in their
iv. According to Gravity of maximum period are correctional. It includes
Penalties those punishable by:
1. Prision correccional
Art. 9. Grave felonies, less grave felonies 2. Arresto mayor
and light felonies. - Grave felonies are 3. Suspension
those to which the law attaches the capital 4. Destierro
punishment or penalties which in any of their 5. Fine not exceeding ₱1,200,000 but is not
periods are afflictive, in accordance with Art. less than ₱40,000
25 of this Code.
C. LIGHT FELONIES
Less grave felonies are those which the law It includes those punishable by:
punishes with penalties which in their 1. Arresto menor; or
maximum period are correctional, in 2. Fine not exceeding ₱40,000; or
accordance with the above-mentioned Art. 3. Both of the above

Light felonies are those infractions of law for Art. 7. When light felonies are punishable
the commission of which a penalty of arrest – Light felonies are punishable only when
menor or a fine not exceeding 200 pesos or they have been consummated, with the
both; is provided. exception of those committed against person
or property.
Classification According to Penalties:
1. Grave Felonies When Punishable
2. Less Grave Felonies General Rule: Only when consummated
3. Light Felonies
Exception: If It involves crimes committed
Importance of Classification is to against persons or property
Determine:
1. Whether these felonies can be complexed Rationale: They produce light, insignificant
2. The prescription of the crime and of the moral, and material injuries that public
penalty conscience is satisfied with providing a light
3. Duration of subsidiary penalty to be penalty for their consummation. [REYES, Book
imposed. 1]

A. GRAVE FELONIES Who are Punished

Those to which the law attaches the capital Principals and accomplices only. [Art. 16, RPC]
punishment or penalties which in any of their
periods are afflictive. It includes those Example of Light Felonies [MATHS]:
punishable by: 1. Malicious mischief when the value of the
1. Reclusion perpetua damage does not exceed ₱40,000 or
2. Reclusion temporal cannot be estimated [Art. 328, RPC, as
3. Perpetual or Absolute Disqualification amended by R.A. 10951]
4. Perpetual or Temporary Special 2. Alteration of boundary marks
Disqualification 3. Theft when the value of the thing stolen is
5. Prision mayor less than ₱500 and theft is committed under
6. Fine more than ₱1,200,000.00 the circumstances enumerated under Art.
308 (3) [Art. 309, (7) and (8), RPC, as
amended by R.A. 10951]

Page 12 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

4. Intriguing against Honor Proximate Cause

5. Slight physical injuries
Reconciling Discrepancy in Treatment of a
Fine Amounting to Exactly ₱40,000
● Art. 9 in re: Art. 25 - light felony; use this
article in determining prescription of crimes
● Art. 26 - correctional penalty; use this article
in determining prescription of penalty
v. According to Plurality of Crimes
Three (3) Groups:
1. Continuing Crimes
2. Complex Crimes in Art. 48
3. Special Complex Crimes
NOTE: To be discussed extensively in latter
parts
b. Aberratio Ictus, Error in Personae
and Praeter Intentionem
Proximate cause has been defined as that
which, in natural and continuous sequence,
unbroken by any efficient intervening cause,
produces injury, and without which the result
would not have occurred. [Abrogar v. Cosmos
Bottling Company and INTERGAMES, Inc.,
G.R. No. 164749 (2017)]
When not Considered as Proximate Cause:
1. There is an active force between the felony
and resulting injury
2. Resulting injury is due to the intentional act
of victim
Efficient Intervening Cause
An intervening cause, to be considered
efficient, must be "one not produced by a
wrongful act or omission, but independent of it,
and adequate to bring the injurious result.”
[Abrogar v. Cosmos Bottling Company and
INTERGAMES, Inc, G.R. No. 164749 (2017)]

For example, a cause which interrupts the

Art. 4. Criminal Liability – Criminal liability natural flow of events leading to one’s death
shall be incurred: may relieve the offender from liability. [REYES,
1. By any person committing a felony (delito) Book 1]
although the wrongful act done be
different from that which he intended. Three (3) Modes under Art. 4 (1)
Error in Aberratio Praeter
WRONGFUL ACT DIFFERENT FROM THAT personae ictus intentionem
INTENDED IS PUNISHABLE
Rationale : El que es causa de la causa es Definition
cause del mal causado. “He who is the cause
of the cause is the cause of the evil caused.” Mistake in Mistake in No intention
The presumption is that a person intends the identity. blow. to commit a
ordinary consequences of his voluntary act. grave so
[People v. Toling, G.R. No. L-27097 (1975)] A felony is When an wrong.
intended, but offender
One who commits an intentional felony is there is a intending to
responsible for all the consequences which mistake in do an injury
may naturally and logically result therefrom, the identity of to one
whether foreseen or intended or not. [People the victim; person
v. Herrera, G.R. Nos. 140557-58 (2001)] injuring one actually
person inflicts it on
Requisites [I-DC]: mistaken for another.
1. An Intentional felony has been committed. another.
2. The wrong done to the aggrieved party is Penalty
the Direct, natural and logical
Consequence of the felony committed by
the offender.

Page 13 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Penalty for Penalty for Mitigating 3. Its accomplishment is inherently

lesser crime graver circumstance Impossible, or that the means employed is
in its offense in its of not either Inadequate or Ineffectual.
maximum maximum intending to 4. Act performed does Not constitute a
period [Art. period [Art. commit a Violation of another provision of the RPC.
49] 48 on grave so
complex wrong [Art. Definition of Terms:
crimes] 13] 1. Inadequate - Insufficient (e.g. small
quantity of poison).
2. Ineffectual - Means employed did not
In certain cases, the Court ruled that the produce the result expected (e.g. pressed
mitigating circumstance of lack of intent to the trigger of the gun not knowing that it is
commit so grave a wrong cannot be empty).
appreciated where the acts employed by the 3. Inherent Impossibility – Can pertain to:
accused were reasonably sufficient to produce a. Legal impossibility – where the intended
the death of the victim. [People v. Sales, G.R. acts, even if completed, do not amount
No. 177218(2011)] to a crime [Intod v CA, G.R. No. 103119
(1992)]
There is no felony in the following
instances: Example: Killing a person who is
1. There is no law punishing the crime (i.e., already dead [Intod v CA, G.R. No.
attempting suicide is not a crime, per se). 103119 (1992)].
However, if death or injury results to another
because of such attempt, then a liability b. Physical or factual impossibility –
arises. [REYES, Book 1] Extraneous circumstances unknown to
2. There is a justifying circumstance (i.e., one the actor or beyond his control prevent
acting in self-defense is not committing a the consummation of the intended
felony). [REYES, Book 1] crime.

c. Impossible Crimes Example: The alteration, or even

Art. 4. Criminal Liability – Criminal liability
shall be incurred:
By any person performing an act which would
be an offense against persons or property,
were it not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means.
Rationale: To suppress criminal propensity or
criminal tendencies. Objectively, the offender
has not committed a felony, but subjectively, he
is a criminal.
Requisites [OPP- EI- III- NV]:
1. Act performed would be an Offense against
Persons or Property.
2. Act was done with Evil Intent.
destruction, of a losing sweepstakes
ticket could cause no harm to anyone
and would not constitute a crime were it
not for the attempt to cash the ticket so
altered as a prize-winning number.
[People v. Balmores, G.R. No. L-1896
(1950)]
No Attempted or Frustrated Impossible
Crime
Since the offender in an impossible crime has
already performed the acts for the execution of
the same, there could be no attempted
impossible crime.
There is no frustrated impossible crime either,
because the acts performed by the offender
are considered as constituting a consummated
offense.

Page 14 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Not a Defense Impossibility of accomplishing

the criminal intent is not a defense but an act
penalized in itself.

Impossible Crime v. Attempted v. Frustrated v. Consummated

Impossible crime Attempted Frustrated Consummated

Mens Rea ✓ ✓ ✓ ✓

Concurrence ✓ ✓ ✓ ✓

✗ ✗
✗
Not produced by reason Not produced by
Result Not produced ✓
of inherent impossibility reason of causes
by reason of
or employment of independent of the will
desistance
inadequate means of the perpetrator

Causation ✗ ✗ ✗ ✓

d. Stages of Execution
Development of a Crime
Three (3) Stages of Acts of Execution are: 1. Internal Acts - intent, ideas and plans; not
1. Attempted - When the offender punishable, even if, had they been carried
commences the commission of a felony out, they would constitute a crime [REYES,
directly by overt acts but does not produce Book 1]
the felony by reason of some cause or
accident other than his own spontaneous 2. External Acts
desistance a. Preparatory Acts – acts tending toward
2. Frustrated - When the offender performs all the crime but with no direct connection
the acts of execution which would produce with the crime. [REYES, Book 1]
the felony but does not produce it by reason
of causes independent of the will of the General Rule: Not punished since these
perpetrator acts do not yet constitute even the first
3. Consummated - When all the elements stage of the acts of execution
necessary for its execution and Exception: When considered by law as
accomplishment are present; the felony is independent crimes (i.e. Art. 304 –
produced possession of picklocks)

Two (2) Phases of Felony b. Acts of Execution - Usually overt acts

1. Subjective Phase - It is that portion of the
act constituting the crime, starting from the
point where the offender begins the
commission of the crime to that point where
he still has control over his acts, including
their natural course. [REYES, Book 1]
2. Objective Phase- It is that portion of acts
after the subjective phase, the result of the
acts of execution [People v. Villanueva,
G.R. No. 160188 (2007)]
with a logical relation to a particular
concrete offense and is already
punishable under the RPC. [REYES,
Book 1]
FACTORS IN DETERMINING STAGE OF
EXECUTION OF FELONY
1. Manner of Committing the Crime
a. Formal Crimes - consummated in one
instant, no attempt [ALBERT, cited in
REYES, Book 1 at 120.]

Page 15 of 286
U.P. LAW BOC CRIMINAL LAW I
Example: The mere act of selling or
even acting as a broker to sell marijuana
or other prohibited drugs consummates
the crime. [People v. Marcos, G.R. No.
83325 (1990)]
b. Crimes Consummated by Mere
Attempt or Proposal by Overt Act
Examples: Flight to enemy’s country
[Art. 121] and Corruption of Minors [Art.
340]
c. Felony by Omission
There can be no attempted stage when
the felony is by omission, because the
offender does not execute acts, rather
he omits to perform an act which the
law requires him to do. [REYES, Book
1]
d. Crimes Consummated by Mere
Agreement
Examples: In betting in sports contests
and corruption of public officer [Art. 197
and Art. 212], the manner of
committing the crime requires the
meeting of the minds between the giver
and the receiver. [US v. Basa, 8 Phil.
89 (1907)]
e. Material Crimes
Those committed with three (3) stages
of execution.
2. Elements of the Crime
The existence of certain elements is a factor in
determining its consummation. [REYES, Book
1]
3. Nature of the Crime Itself
There are certain crimes requiring a specific
criminal intent.
Examples: Robbery, Theft, Rape (See:
Discussion on Specific Criminal Intent)
THREE (3) STAGES OF EXECUTION:
A. ATTEMPTED
Elements [CNDO]:
1. The offender Commences the commission
of the felony directly by overt acts.
2. He does Not perform all the acts of
execution which should produce the felony.
3. The non-performance of all acts of
execution was Due to cause or accident
Page 16 of 286
CRIMINAL LAW
Other than his own spontaneous
desistance.
When is a Crime Commenced:
1. There are external acts.
2. Such external acts have a direct connection
with the crime intended to be committed.
Definition of Terms:
1. Overt Act - Some physical activity or deed,
indicating the intention to commit a
particular crime. It is more than a mere
planning or preparation. [REYES, Book 1]
2. Desistance:
General Rule: An absolutory cause which
negates criminal liability provided that the
desistance was made when the acts done
have not yet resulted in any felony.
Desistance is recognized only in the
attempted stage of the felony.
Exemption: In certain cases, although
negated at the attempted stage, but there
may be other felonies arising from his act.
Example: An attempt to kill that results in
physical injuries still leads to liability for the
injuries inflicted.
B. FRUSTRATED
Elements [AFN]:
1. Offender performs All the acts of execution
2. All the acts performed would produce the
Felony as a consequence
3. But the felony is Not produced by reason of
causes independent of the will of the
perpetrator.
Not all crimes have a Frustrated Stage
General Rule: Felonies that do not require any
result do not have a frustrated stage.
Crimes which do not admit of frustrated
stage [RABT]:
1. Rape - Once there is penetration, no matter
how slight it is, the offense is consummated.
[People v. Orita, G.R. No. 88724 (1990)]
2. Arson – The crime of arson already
consummated even if only a portion of the
wall or any part of the house is burned. The
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

consummation of the crime does not Due to

depend upon the extent of the damage reasons
caused. [People v. Hernandez, G.R. No. L- Due to
other than
31770 (1929)] intervening
the
3. Bribery and Corruption of Public Officers - If causes
spontaneou -
there is a meeting of the minds, there is independent of
s
consummated bribery or consummated the will of the
desistance
corruption. [US v. Basa, 8 Phil. 89 (1907)] perpetrator
of the
4. Theft - Once there is unlawful taking, theft is perpetrator
consummated. It does not matter how long
the property was in the possession of the As to Position in the Timeline
accused; it does not matter whether the
property was disposed or not [Valenzuela v. Offender is
People, G.R. No. 160188 (2007)]. already in the
Offender
objective
still in
C. CONSUMMATED phase Offender is in
subjective
Requisite: All the elements necessary for its because all the objective
phase
execution and accomplishment are present. acts of phase as all
because he
execution are acts of
still has
Indeterminate Offense already execution are
control of
It is one where the intent of the offender in present and already
his acts,
performing an act is not certain. The accused the cause of present and a
including
may be convicted of a felony defined by the its non- felony is
their
acts performed by him up to the time of accomplishme produced
natural
desistance. nt is other than
cause.
the offender’s
The intention of the accused must be viewed will
from the nature of the acts executed by him and
the attendant circumstances, and not from his e. Continuing Crimes
admission. Continuing Crime
Single crime consisting of a series of acts
Attempted v. Frustrated v. Consummated arising from a single criminal resolution or
Attempted Frustrated Consummate intent not susceptible of division.
Felony Felony d Felony
Requisites [PA- UP- UCIP]:
As to Acts Performed 1. Plurality of Acts;
2. Unity of Penal provision infringed upon;
Overt acts
All acts of and
of
execution are 3. Unity of Criminal Intent and Purpose
execution
finished
are started All acts of
BUT One Larceny Doctrine
BUT execution are
Crime sought For prosecution of theft cases, the one larceny
Not all acts finished
to be doctrine provides that the taking of several
of
committed is things, whether belonging to the same or
execution
not achieved different owners, at the same time and place,
are present
constitutes one larceny only so long as there is
As to Why a Felony is Not Produced a single criminal impulse. [Santiago v. People,
G.R. No. 109266 (1993)]

Page 17 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Examples: Examples on Real Plurality:

1. Insurrection, Rebellion, Subversion, and
other crimes and offenses committed in the
furtherance, on the occasion thereof, or
incident thereto [In the Matter of Petition for
Habeas Corpus of Roberto Umil, G.R. No.
81567 (1990)]
2. Eight robberies as component parts of a
general plan. [People v. De la Cruz, G.R.
No. L-1745 (1950)]
How Applied
Whenever the Supreme Court concludes that
the criminals should be punished only once,
because they acted in conspiracy or under the
same criminal impulse:
● It is necessary to embody these crimes
under one single information.
● It is necessary to consider them as complex
crimes even if the essence of the crime
does not fit the definition of Art 48, because
there is no other provision in the RPC.
Application to Special Laws
The concept is applicable to crimes under
special laws. This is in line with Art. 10 which
states that the RPC shall be supplementary to
special laws, unless the latter provides the
contrary.
Real or Material Plurality v. Continuing
Crime
Real or Material
Continuing Crime
Plurality
There is a series of acts performed by the
offender.
As to the Number of Crimes Committed
Each act performed The different acts
constitutes a constitute only one
separate crime crime because all of
because each act is the acts performed
generated by a arise from one
criminal impulse criminal resolution.
1. The act of firing one’s revolver twice in
succession, killing one person and wounding
another. [U.S. v. Ferrer, 1 Phil. 56 (1901)]
2. Two persons are killed one after another by
different acts. [People v. Olfindo, 47 Phil. 1
(1924)]
Transitory Crime v. Continuing Crime
Offense where some acts material and
essential to the crimes and requisite to their
commission occur in one territory and some
acts are done in another. [AAA v. BBB, G.R.
No. 212448 (2018)]
The theory is that a person charged with a
transitory offense may be tried in any
jurisdiction where the offense is in part
committed. [Tuzon v. Cruz, G.R. No. L-27410
(1975)]
Examples:
1. Estafa – its necessary elements (deceit and
damage) may take place in different
territorial jurisdictions [Gamboa v. CA, G.R.
No. L-41054 (1975)]
2. Violation of BP No. 22 (Bouncing Checks
Law) [Uy v. CA, G.R. No. 119000 (1997)]
f. Complex Crimes and Composite
Crimes
Art. 48. Penalty for complex crimes –
When a single act constitutes two or more
grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed, the same to be
applied in its maximum period.
1. COMPOUND CRIME
Requisites [S-S21]:
1. That only a Single act is performed by the
offender
2. That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave
felonies, or 2 or more less grave felonies

Page 18 of 286
U.P. LAW BOC CRIMINAL LAW I
Examples:
1. A single bullet killing two persons [People v.
Pama, C.A., 44 O.G. 3339 (1992)]
2. The act of raping a girl, causing her physical
injuries which required medical attention for
about 20 days. This is a complex crime of
rape with less serious physical injuries.
[U.S. v. Andaya, 34 Phil. 690 (1916)]
Light Felonies
Light felonies produced by the same act should
be treated and punished as separate offenses
or may be absorbed by the grave felony.
2. COMPLEX CRIME
Requisites [2-N-SS]:
1. That at least 2 offenses are committed
2. That one or some of the offenses must be
Necessary to commit the other
• Does not need to be “indispensable
means”
3. That both or all the offenses must be
punished under the Same Statute.
When No Complex Crime Proper
1. Subsequent acts of intercourse, after
forcible abduction with rape, are separate
acts of rape
2. When trespass to dwelling is a direct means
to commit a grave offense
3. When one offense is committed to conceal
the other
4. Where one of the offenses is penalized by
special law
5. There is no complex crime of rebellion with
murder, arson, robbery, or other common
6. In case of continuous crimes.
7. When the other crime is an indispensable
element of the other offense.
General Rules in Complexing Crimes
1. Information – only one (1) shall be filed
2. Jurisdiction - When two crimes produced
by a single act are respectively within the
exclusive jurisdiction of two courts of
different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
3. Penalty
Page 19 of 286
CRIMINAL LAW
o Where both penalties provide for
imprisonment - penalty to be imposed
is the penalty for the most serious crime,
applied in its maximum.
o Where one of the penalties is
imprisonment and the other is fine -
only the penalty of imprisonment should
be imposed.
4. When the other offense is not proven -
accused can be convicted of the other.
Art. 48 is Not Applicable in the following
instances [ESTRADA, Book 1]:
a. When the crimes have common
elements;
b. When the crimes involved are subject to
the rule of absorption;
c. Where the two offenses resulting from a
single act are specifically punished as a
single crime.
Example: Less serious physical injuries
with serious slander of deed, since this is
punished under Art. 265 (2)
d. Acts penalized under Art. 365 (those
resulting criminal negligence) [Ivler v.
Modesto-San Pedro, supra.]
e. In special complex crimes or composite
crimes.
3. SPECIAL COMPLEX CRIMES
In substance, there is more than one crime; but
from the eyes of the law, there is only one. The
law treats it as a single crime for which it
prescribes a single penalty. It is also called a
composite crime.
Requisites [2-SI-SCI]:
1. 2 or more crimes are committed
2. But the law treats them as a Single,
Indivisible, and unique offense
3. Product of Single Criminal Impulse
Examples:
1. Robbery with Homicide [Art. 294 (1)]
2. Robbery with Rape [Art. 294 (2)]
3. Kidnapping with serious physical injuries
[Art. 267 (3)]
4. Rape with Homicide [Art. 335]
U.P. LAW BOC
Compound Crime v. Complex Crime Proper v. Special Complex Crime
Compound Crime
(delito compuesto)
Single act constitutes two or
more grave or less grave
felonies [Art. 48].
Requisites [S-S21]:
1. That only a Single act is
performed by the offender
2. That the single acts
produces:
a. 2 or more grave felonies,
or
a. 1 or more grave and 1 or
more less grave felonies,
or 2 or more less grave
felonies
Penalty for most serious crime
shall be imposed in its
maximum period [Art. 48]
CRIMINAL LAW I
Complex Crime Proper
(delito complejo)
Definition
An offense is a necessary
means to commit another
offense [Art. 48].
Elements
Requisites [2-N-SS]:
1. That at least 2 offenses are
committed
2. That one or some of the
offenses must be Necessary
to commit the other
3. That both or all the offenses
must be punished under the
Same Statute.
Imposable Penalty
Penalty for most serious crime
shall be imposed in its
maximum period [Art. 48]
Page 20 of 286
CRIMINAL LAW
Special Complex Crime
(delito especial complejo)
The law fixes one penalty for
two or more crimes committed.
Requisites [2-SI-SCI]:
1. 2 or more crimes are
committed
2. But the law treats them as a
Single, Indivisible, and
unique offense
3. Product of Single Criminal
Impulse
That which is indicated in the
Revised Penal Code
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

2. Circumstances Affecting Criminal Liability

Circumstances Affecting Criminal Liability, Distinguished [Reyes, Book 1]
As to lawfulness of act As to presence of As to presence of
criminal liability civil liability
Justifying No Felony No Criminal Liability No Civil Liability
Except
Par. 4
Exempting There is a Felony With Civil Liability
Except
Par. 4 & 7
Mitigating Decreased Criminal With Civil Liability
Liability

Aggravating Increased Criminal

Liability

Alternative Increased or Decreased

Criminal Liability

a. Justifying Circumstances [Art. 11]

Justifying Circumstances [REYES, Book 1]

Where the act of the person is said to be in accordance with the law, so that such person is deemed
not to have transgressed the law.
● Basis: Lack of dolo
● Criminal Liability: None; there is no crime committed, the act being justified.
● Civil Liability: None, except in par. 4, Art. 11 (avoidance of greater evil), where the civil liability is
borne by the persons benefited by the act in proportion to the benefit they may have received [Art.
101, RPC].
● Burden of Proof - rests on the accused [People v. Corecor, G.R. No. L-63155 (1988)]

Requisites of Each Circumstance [D3AFS]:

Justifying Requisites
circumstance

Defense of person, 1. Unlawful aggression;

right, property, or 2. Reasonable necessity of means employed to prevent or repel it; and
honor (URL) 3. Lack of sufficient provocation on the part of the person defending himself.

Defense of relatives 1. Unlawful aggression;

(URN) 2. Reasonable necessity of means employed to prevent or repel it; and
3. Lack of sufficient provocation on part of relative, or, in case of
provocation, the one making the defense had No part therein.

Defense of 1. Unlawful aggression;

strangers (URI) 2. Reasonable necessity of the means employed to prevent or repel it; and

Page 21 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. The person defending was not Induced by revenge, resentment or other

evil motive.

Avoidance of 1. Evil sought to be avoided actually Exists.

greater evil (ENIM) 2. Evil or injury must Not have been produced by the one invoking the
justifying circumstances.
3. Injury feared be greater than that done to avoid it; and
4. There are no other practical and less harmful Means of preventing it.

Fulfillment of duty or 1. Offender acted in Performance of duty or in the lawful exercise of a right
lawful exercise of or office; and
right (PN) 2. The injury caused or the offense committed be the Necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.

Obedience to 1. Order must have been issued by a superior;

Superior order 2. The order is for some lawful Purpose; and
(OPM) 3. Means used to carry it out must be lawful.

1. DEFENSE OF PERSON, RIGHTS, REQUISITES:

PROPERTY, AND HONOR (SELF-
DEFENSE)
Requisites: [URL]
1. Unlawful aggression;
2. Reasonable necessity of means employed
to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself.
Why Self-Defense is Lawful
● Impulse of self-preservation;
● State cannot provide protection for each of
its constituents. [REYES, Book 1]
No Accidental Self-Defense
Self-defense implies a deliberate and positive
overt act of the accused to prevent or repel an
unlawful aggression of another with the use of
reasonable means. The accused has freedom
of action, and is aware of the consequences of
his acts. From necessity, and limited by it,
proceeds the right of self-defense. [People v.
Toledo, G.R. No. L-28655 (2004)]
a. Unlawful Aggression
This is the single indispensable element in
Self-Defense, Defense of Relatives, and
Defense of Strangers [REYES, Book 1]
Peril to one’s life, limb, or right is
a. Actual; and
b. Imminent
It presupposes actual, sudden, and
unexpected attack or imminent danger thereof,
not merely threatening or intimidating attitude.
[People v. Colinares, G.R. No. 182748 (2011)]
Rules in Unlawful Aggression:
a. Aggression must be unlawful [REYES,
Book 1]
b. The peril to one’s life, limb, [People v.
Sumicad, G.R. No. 35524 (1932)] or right
is actual and imminent. [REYES, Book 1]
c. Unlawful aggression must be a continuing
circumstance or must have been existing at
the time the defense is made. [People v.
Dijan, G.R. No. 142682 (2002)]
d. Retaliation is not allowed when unlawful
aggression ceases. [People v. Cajurao,
G.R. No. 122767 (2004), cited in REYES,
Book 1]

Page 22 of 286
U.P. LAW BOC CRIMINAL LAW I
Exception: When the aggressor retreats to
obtain a more advantageous position to
ensure the success of the initial attack,
unlawful aggression is deemed to continue.
[REYES, Book 1]
e. Picking up a weapon is unlawful
aggression if circumstances show that the
intention is to harm the defendant. [People
v. Javier, 46 O.G. No. 7 (1950), cited in
REYES, Book 1]
f. Mere belief of an impending attack is not
sufficient but in relation to “mistake of fact,”
the belief of the accused may be
considered in determining the existence of
unlawful aggression [People v. Bautista,
G.R. No. L-8611 (1956)].
Considerations in Determining Existence of
Unlawful Aggression:
1. Physical & objective circumstance (e.g.
wound received by deceased) [People v.
Dorico, G.R. No. L-31568 (1973)]
2. Lack of motive of person defending himself
[People v. Berio, G.R. No. 40602 (1934)]
3. Conduct of accused immediately after the
incident [People v. Boholst-Caballero, G.R.
No. L-23249 (1974)]
When in Retaliation
When the killing of the deceased by the
accused was after the attack made by the
former, the accused must have no time nor
occasion for deliberation and cool thinking.
When unlawful aggression ceases, the
defender has no longer any right to kill or
wound the former aggressor, otherwise,
retaliation and not self-defense is committed
[People v. Bates, G.R. No. 139907 (2003)].
Lawful Aggression
Aggression is lawful when it is done:
1. For the fulfillment of a duty [People v.
Gayraina, G.R. Nos. 39270 & 29271
(1934), cited in REYES, Book 1]
2. In the exercise of a right in a more or less
violent manner [U.S. v. Merced & Patron,
G.R. No. 14170 (1918)]
Page 23 of 286
CRIMINAL LAW
No Unlawful Aggression
There is no unlawful aggression in the following
circumstances:
a. When there is an agreement to fight and
the challenge to fight was accepted.
[People v. Navarro, G.R. No. L-1878
(1907)]
Exception: When the aggression which is
ahead of an agreed time or place is
unlawful aggression. [Severino Justo v.
CA, G.R. No. L-8611 (1956)]
b. When the paramour kills the offended
husband who was assaulting him because
the husband’s aggression was lawful [Art.
247, RPC] [U.S. v. Merced, G.R. No. 14170
(1918)].
c. Reasonable force made by a police officer
to arrest a suspect [People v. Calip, et al.,
3 C.A. Rep. 808, cited in REYES, Book 1]
b. Reasonable Necessity of Means
Employed
Requisites:
a. Necessity of the:
b. course of action taken
c. means employed
d. The above must be reasonable [REYES,
Book 1]
Doctrine of Rational Equivalence
Rational equivalence presupposes the
consideration not only of the nature and quality
of the weapons used by the defender and the
assailant, but of the totality of circumstances
surrounding the defense vis-à-vis the unlawful
aggression. [Espinosa v. People, G.R. No.
181071 (2010)]
As to whether the means employed is in
proportion to the harm done does not depend
on harm done, but the imminent danger of such
injury. [People v. Gutual, G.R. No. 115233
(1996)]
Perfect equality between the weapon used by
the one defending himself and that of the
aggressor is not required, nor is the material
commensurability between the means of attack
U.P. LAW BOC CRIMINAL LAW I
and defense. Rational equivalence is enough.
[People v. Samson, G.R. No. 214883, (2015)]
Test of Reasonableness [REYES, Book 1]
Reasonableness depends upon the:
1. Nature and quality of the weapon used by
the aggressor
2. Aggressor’s physical condition, character,
size, and other circumstances
3. Circumstances of those of the person
defending himself
4. Place and occasion of the assault
When the Assault was Without Use of
Weapon
General Rule: A man is not justified in taking
the life of one who assaults him with his fist
only, without the use of a dangerous weapon.
Exception: Where the person assaulted has
retreated to the wall and uses in a defensive
way the only weapon at his disposal. [People
v. Sumicad, G.R. No. 35524 (1932)]
NOTE: The general rule contemplates the
situation where the contestants are in the open
and the person can opt to run away.
Rules in Use of Firearms
1. If the attacker is already disarmed - there
is no need to further use violence. [People
v. Masangkay, G.R. No. L-73461 (1988)]
2. If the attacker was disarmed but
struggled to re-obtain the weapon -
violence may be justified. [People v.
Rabandaban, G.R. No. L-2228 (1950)]
3. The one defending must aim at the
defendant and not indiscriminately fire his
deadly weapon. [People v. Galacgac, C.A.,
54 O.G. 1027, cited in REYES, Book 1]
Interpretation
This element should be interpreted liberally in
favor of the law-abiding citizen. [People v. So,
5 CAR [2s] 671, 674, cited in REYES, Book 1]
c. Lack of Sufficient Provocation
The accused who claims self-defense must not
have provoked the aggression of the victim.
Page 24 of 286
CRIMINAL LAW
Provocation is sufficient when it is
proportionate to the aggression. [People v.
Boholst-Caballero, supra]
Requisite is Present when: [No PSDP]
1. No Provocation at all was given
2. Even if provocation was given, it was not
Sufficient
3. Even if the provocation was sufficient, it was
not given by the person Defending himself
4. Even if the provocation was given by the
person defending himself, it was not
Proximate and immediate to the act of
aggression. [Cano v. People, G.R. No.
155258 (2003)]
Insults
General Rule: Verbal argument is not
considered sufficient provocation.
Exception: Insults in vulgar language are.
SUBJECTS OF SELF-DEFENSE
1. Defense of person
2. Defense of rights
3. Defense of property [REYES, Book 1]
Defense of Property
The defense of property rights can be invoked
if there is an attack upon the property, although
it is not coupled with an attack upon the person
of the owner of the premises, so long as all the
elements for justification must however be
present. [People v. Narvaez, G.R. No. L-
33466-67 (1983)]
Examples of Other Subjects of Self-Defense
1. Defense of Home
Violent entry to another’s house at nighttime;
by a person who is armed with a bolo; and
forcing his way into the house, shows he was
ready and looking for trouble. [People v.
Mirabiles, 45 O.G., 5th Supp., 277, cited in
REYES, Book 1]
2. Defense of Honor and Reputation
Placing a hand by a man on the woman’s upper
thigh is unlawful aggression. [People v.
Jaurigue, C.A. No. 384 (1946)].
U.P. LAW BOC CRIMINAL LAW I
A slap on the face is also considered as
unlawful aggression since the face represents
a person and his dignity. [Rugas v. People,
G.R. No. 147789 (2004)]
Stand Your Ground Principle
A person is justified in the use of deadly force
and does not have a duty to retreat if he
reasonably believes that such force is
necessary to prevent imminent death or great
bodily harm to himself or herself. [U.S. v
Domen, G.R. No. L-12963 (1917)]
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (R.A. 9262)
Battered Woman Syndrome
Scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse. [Sec. 3(c), R.A. 9262]
People v. Genosa doctrine
Battered woman syndrome (BWS) is
characterized by a “cycle of violence”, which is
made up of three phases. For the BWS to be
available as a defense, it must be proven that
there has been more than one cycle. [People
v. Genosa, G.R. No. 135981 (2004)]
First Phase: Tension Building Phase
1. Where minor battering occurs, it could
be a verbal or slight physical abuse or
another form of hostile behavior.
2. The woman tries to pacify the batterer
through a show of kind, nurturing
behavior, or by simply staying out of
the way.
3. But this proves to be unsuccessful as
it only gives the batterer the notion that
he has the right to abuse her.
Second Phase: Acute Battering Incident
1. Characterized by brutality,
destructiveness, and sometimes
death.
2. The battered woman has no control;
only the batterer can stop the violence.
Page 25 of 286
CRIMINAL LAW
3. The battered woman realizes that she
cannot reason with him and resistance
would only worsen her condition.
Third Phase: Tranquil Period
1. Characterized by guilt on the part of
the batterer and forgiveness on the
part of the woman.
2. The batterer may show a tender and
nurturing behavior towards his partner
and the woman also tries to convince
herself that the battery will never
happen again and that her partner will
change for the better. [People v.
Genosa, G.R. No. 135981 (2004)]
Characteristics of BWS [FIFI]
1. The woman believes that the violence was
her Fault;
2. She has an Inability to place the
responsibility for the violence elsewhere;
3. She Fears for her life and/or her children’s
life
4. She has an Irrational belief that the abuser
is omnipresent and omniscient. [People v.
Genosa, supra, cited in REYES, Book 1]
Genosa Ruling is Abandoned by RA No.
9262
Under the Genosa ruling, BWS is valid as a
defense only when all the requisites of self-
defense are present.
Sec. 26 of RA No. 9262 abandons the
precedent set by Genosa case, which states
that “victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and civil
liability notwithstanding the absence of any
of the elements for justifying
circumstances of self-defense under the
RPC”.
2. DEFENSE OF RELATIVES
Requisites [URL]
a. Unlawful aggression
b. Reasonable necessity of means employee;
and
U.P. LAW BOC CRIMINAL LAW I
c. Lack of sufficient provocation on part of
relative, or, in case of provocation, the one
making the defense had no part therein.
Rationale: This justifying circumstance is
found not only upon a humanitarian sentiment,
but also upon the impulse of blood which
impels men to rush, on the occasion of great
perils, to the rescue of those close to them by
ties of blood. [REYES, Book 1]
Relatives Covered by Par. 2 [SAD-SiRC]
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, or adopted Siblings, or
relatives by affinity in the same degrees
(parents-in-laws, children-in-law, siblings-
in-law)
5. Relatives by Consanguinity within 4th civil
degree
Person Being Defended Still in Danger
Unlawful aggression can be made to depend
on the honest belief of the one making a
defense. However, one may no longer be
exempt from criminal liability when he or the
person being defended is no longer in danger
of bodily harm by the aggressor. [US v.
Esmedia, G.R. No. L-5740 (1910)]
3. DEFENSE OF STRANGER
Requisites [URN]
a. Unlawful aggression
b. Reasonable necessity of the means
employed; and
c. Person defending was Not induced by
revenge, resentment, or other evil motive
NOTE: Motive is relevant only in this kind of
defense.
Rationale: What one may do in his defense,
another may do for him. The ordinary man
would not stand idly by and see his companion
killed without attempting to save his life. [U.S.
v. Aviado, G.R. No. 13397 (1918)]
Page 26 of 286
CRIMINAL LAW
Stranger
Any person not included in the enumeration of
relatives under par. 2 of Art. 11. [REYES, Book
1]
4. STATE OF NECESSITY (AVOIDANCE
OF A GREATER EVIL)
Requisites [ENIM]:
a. Evil to be avoided actually Exists
b. Evil or injury is Not produced by the one
invoking the justifying circumstance
c. Injury feared by greater than that done to
avoid it; and
d. No other practical and less harmful Means
of preventing it
Civil Liability
It is only in this paragraph that the person
accused incurs civil liability despite the
justifying circumstance. Said liability is borne
by the person benefited by the act.
State of Necessity
There is necessity when the situation is of
grave peril, actual or imminent. It is
indispensable that the state of necessity is not
brought about by intentional provocation on the
part of the party invoking the same. [People v.
Retubado, G.R. No. 1203058 (2003)]
Kind of Evil
The evil contemplated includes injury to
persons and damage to property. This greater
evil must not be brought about by the
negligence or imprudence of the accused. [Ty
v. People, G.R. No. 149275 (2004)]
5. FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
Requisites [PN]:
a. The accused acted in the Performance of a
duty or on the lawful exercise of a right or
office; and
b. The injury caused or offense committed be
the Necessary consequence of the due
performance of duty or the lawful exercise
of such right or office.
U.P. LAW BOC CRIMINAL LAW I
Police Officers
The law does not clothe police officers with
authority to arbitrarily judge the necessity to kill,
but must be within reasonable limits [People v
Ulep, G.R. No. 132547 (2000)].
Warning Shot
To justify the killing by a policeman of a
suspected robber as fulfillment of his lawful
duty, he must have first fire a warning shot
before shooting. [Mamangun v. People, G.R.
No. 149152 (2007)]
However, the directive to issue a warning
contemplates a situation where several options
are available to the officers. When the threat to
the life of the law enforcer was imminent and
there was no other option but to use force, a
police officer conducted himself in the lawful
exercise of a right. [People v Cabanlig, G.R.
No. 148431 (2005)].
6. OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE
Requisites [OPM]
a. An Order has been issued by a superior
b. Such order must be for some lawful
Purpose; and
c. The Means used by the subordinate to carry
out said order is lawful
Examples:
1. Where the accused acted upon orders of
superior officers that they, as military
subordinates, could not question, and
obeyed in good faith, without being aware of
their illegality, without any fault or
negligence on their part, the act is not
accompanied by criminal intent. A crime is
not committed if the mind of the person
Page 27 of 286
CRIMINAL LAW
performing the act be innocent. [People. v.
Beronilla, G.R. No. L-4445 (1955)]
2. One who prepared a falsified document with
full knowledge of its falsity is not excused
even if he merely acted in obedience to the
instruction of his superior, because the
instruction was not for a lawful purpose.
[People. v. Barroga, G.R. No. L-31563
(1930)]
3. A soldier who tortured to death the
deceased in obedience to the order of his
sergeant is not exempt from liability
because the order to torture the deceased
was illegal, and the accused was not bound
to obey it. [People. v. Margen, et al., G.R.
No. L-2681 (1950)]
b. Exempting Circumstances [Art. 12]
Exempting Circumstances [REYES, Book 1]
Grounds for exemption from punishment
because the agent of the crime is wanting any
of the conditions which make the act voluntary
or negligent.
The reason for the exemption lies on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
Burden of Proof
Prosecution has the burden of proof to
establish the guilt of the accused. However,
once the defendant admits the commission of
the offense charged, but raises an exempting
circumstance as a defense, the burden of proof
is shifted to him. [People v. Concepcion, G.R.
No. 148919 (2002)]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Justifying v. Exempting Circumstances

Justifying Circumstances Exempting
[Art. 11, RPC] Circumstances
[Art. 12, RPC]
As to Effect of Circumstance
It affects the act, not the actor. It affects the actor, not the act.

As to Lawfulness of Act
The act is considered to have been done within The act complained of is actually wrongful,
the bounds of law; hence, legitimate and lawful in but the actor is not liable.
the eyes of the law.
Since the act complained of is actually wrong,
Since the act is considered lawful, there is no there is a crime but since the actor acted
crime. without voluntariness or negligence, there is
no dolo or culpa.

As to Liability
There is no criminal liability and no civil liability There is no criminal liability but there is civil
(except: avoidance of greater evil where civil liability (except: accident; insuperable cause).
liability is borne by persons for whose benefit the
harm has been prevented.)

Requisites of Each Circumstance [IMDAI-UI]

Exempting Requisites Basis
Circumstance
Insanity or imbecility Imbecile or insane person did not act during lucid Absence of
interval intelligence
Minority; Without 1. Accused is 15 years old and Below; and Absence of
Discernment 2. Accused is Between 15 and 18 years old, and he intelligence
(15B-Bet1518WD) acted Without Discernment
Accident (LDAW) 1. A person is performing a Lawful act; Lack of
2. Act was done with Due care; negligence and
3. He causes an injury to another by mere Accident; intent
and
4. Without fault or intention of causing it.
Irresistible force 1. There is compulsion is by means of Physical force; Absence of
(PIT) 2. Physical force must be Irresistible; and freedom
3. Physical force must come from a Third person.
Uncontrollable fear 1. Existence of an uncontrollable fear Absence of
(ERIGE) 2. Fear must be Real and Imminent. freedom
3. Fear of an injury is Greater than or Equal to that
committed.
Insuperable or lawful 1. That an act is Required by law to be done; Lack of intent
cause (RFLi) 2. That a person Fails to perform such act;
3. That his failure to perform such act was due to some
Lawful or insuperable cause

Page 28 of 286
U.P. LAW BOC CRIMINAL LAW I
1. INSANITY OR IMBECILITY
Imbecile
One who, while advanced in age, has a mental
development comparable to that of a child
between 2 and 7 years of age. [REYES, Book
1]
Feeblemindedness is not Imbecility
For imbecility, it is necessary that there is a
complete deprivation of intelligence in
committing the act. Feeblemindedness may,
however, be considered a mitigating
circumstance. [People v. Formigones, G.R.
No. L-3246 (1950)]
Insanity
A complete deprivation of intelligence in
committing the act, but capable of having lucid
intervals. Mere abnormality of mental faculties
is not enough especially if the offender has not
lost consciousness of his acts. [People v.
Formigones, supra, cited in REYES, Book 1]
General Rule: Insanity is an exempting
circumstance
Exception: During a lucid interval, the insane
acts with intelligence, thus, is not exempt from
criminal liability.
Remission of Symptoms
One suffering from psychosis who takes
medication is “in remission of symptoms”;
meaning, he would not actively exhibit the
symptoms of psychosis and it is only when one
fails to take his medication and/or drinks
alcohol that the symptoms of psychosis may be
triggered, depriving one of his will. However,
that one is in remission of symptoms or has
failed to take the prescribed medicine is not a
conclusive finding as to the sanity of the
accused at the time of the commission of the
crime. Psychotic may have varying degrees of
awareness of the consequences of his acts,
which awareness would also depend on the
degree of psychosis at the time of the
commission of the act. [People v. Antonio, Jr.,
G.R. No. 144266 (2002)]
Page 29 of 286
CRIMINAL LAW
Rules in Insanity
1. Presumption of Sanity
Burden of proof of insanity is on the
defense. [People v. Aquino, G.R. No.
87084 (1990)]
2. Insanity should exist before or at the
moment of the act or acts under
prosecution [People v. Aquino, supra]
Insanity subsequent to commission of
crime is not exempting. He is presumed to
be sane when he committed it. [U.S. v.
Guevara, G.R. No. 9265 (1914)]
3. There must be a complete deprivation of
intelligence in committing the act.
Mere abnormality of the mental faculties
will not exclude imputability. [People v.
Formigones, supra; Art. 13, par. 9, RPC,
cited in REYES, Book 1]
How Proven
The state or condition of a person’s mind can
only be measured and judged by his behavior.
Opinion Testimony
Establishing the insanity of an accused
requires opinion testimony which may be given
by a witness who is intimately acquainted with
the accused, by a witness who has rational
basis to conclude that the accused was insane
based on the witness’ own perception of the
accused, or by a witness who is qualified as an
expert, such as a psychiatrist. The testimony or
proof of the accused’s insanity must relate to
the time preceding or coetaneous with the
commission of the offense with which he is
charged. [People v. Madarang, G.R. No.
132319 (2000)]
Two (2) Tests: Test of:
1. Cognition - Whether the accused acted
with complete deprivation of intelligence;
and
2. Volition - Whether the accused acted in
total deprivation of freedom of will. [People
v. Rafanan, G.R. No. L-54135 (1991)]
U.P. LAW BOC CRIMINAL LAW I
Mental Illnesses Covered
Cases covered under this article are:
[MEPSleD]
1. Malignant malaria, which affects the
nervous system [People v. Lacena, G.R.
No. 46836 (1940)]
2. Epilepsy [People v. Mancao and Aguilar,
G.R. No. L-26361 (1927)]
3. Psychosis or schizophrenia, except when
in remission of symptoms [People v.
Antonio, Jr., G.R. No. 144266 (2002)]
4. Somnambulism: Sleep-walking [People v.
Taneo, G.R. No. L-37673 (1933)]
5. Dementia praecox [People v. Bonoan, G.R.
No. L-45130 (1937)]
Conditions Not Considered as Insanity
1. Amnesia - in and of itself, it is no defense to
a criminal charge unless it is shown by
competent proof that the accused did not
know the nature and quality of his action and
that it was wrong. [People v. Tabugoca,
G.R. No. 125334 (1998)]
2. Craziness – Unusual behaviors, such as
smiling to oneself and calling a chicken late
at night, are not proof of complete absence
of intelligence because not every aberration
of the mind or mental deficiency constitutes
insanity. [People v. Miraña, G.R. No.
219113 (2018)]
3. Pedophilia – Despite his affliction, a
pedophile could still distinguish between
right and wrong. [People v. Diaz, G.R. No.
130210 (1999)]
Juridical Effects of Insanity [REYES, Book 1]
When Insanity Effect on liability
is Present
At the time of Exempt from liability
the commission
of the crime
During Trial He is criminally liable but
the proceedings will be
suspended and the
accused is committed to
a hospital.
Page 30 of 286
CRIMINAL LAW
After Judgment Execution of judgment is
or while serving suspended and the
sentence accused is committed to
a Hospital.
The period of
confinement in the
hospital is counted for
the purpose of the
prescription of the
penalty.
2. MINORITY
NOTE: Pars. 2 and 3 of Article 12, and Art. 80
of the RPC, have been amended/repealed by
P.D. 603, as amended, and R.A. 9344.
JUVENILE JUSTICE AND WELFARE ACT
OF 2006 (R.A. 9344)
Definition of Terms:
a. Child - person under 18 years.
b. Child in conflict with the law - child who
is alleged as, accused of, or adjudged as,
having committed an offense under
Philippine laws. [Sec. 4(e), R.A. 9344]
c. Intervention – a series of activities
designed to address issues that caused the
child to commit an offense. It may take the
form of an individualized treatment
program which may include counseling,
skills training, education, and other
activities that will enhance his/her
psychological, emotional, and psycho-
social well-being [Sec. 4(l), R.A. 9344]
When Exempt from Criminal Liability:
a. A child 15 years or under at the time of the
commission of the offense shall be exempt
from criminal liability. A child is deemed to
be 15 years of age on the date of his/her
15th birthday.
b. A child above 15 years but below 18 years
of age who acted without discernment shall
be exempt from criminal liability. [Sec. 6,
R.A. 9344]
In both cases, the child shall be subjected to an
intervention program. [Sec. 6, R.A. 9344]
U.P. LAW BOC CRIMINAL LAW I
Discernment
Capacity of the child at the time of the
commission of the offense to understand the
differences between right and wrong and the
consequences of the wrongful act. [Sec. 4,
A.M. No. 01-1-18-SC, Revised Rule on
Children in Conflict with the Law]
Presumption of Minority
A child in conflict with the law enjoys the
presumption of minority. [Sec. 5, A.M. No. 01-
1-18-SC]. In case of doubt as to the age of the
child, it shall be resolved in his/her favor. [Sec.
7, R.A. 9344]
Determination of Age
1. Child’s birth certificate
2. Baptismal certificate
3. Other pertinent documents
4. In the absence of such documents, age
may be based on:
a. Testimony of the child
b. Testimony of a member of the family
related by affinity or consanguinity
c. Testimony of other persons
d. Physical appearance of the child
e. Other relevant evidence [Sec. 5, A.M.
No. 01-1-18-SC]
Any person alleging the age of the child in
conflict with the law has the burden of proving
the age of such child. [REYES, Book 1]
Civil Liability
The exemption from criminal liability does not
include exemption from civil liability, which
shall be enforced in accordance with existing
laws. [Sec. 6, R.A. 9344]
General Rule: The parents shall be liable for
damages.
Exception: If they were able to prove that they
were exercising reasonable supervision over
the child at the time the child committed the
offense and exerted reasonable effort and
utmost diligence to prevent or discourage the
child from committing another offense. [Sec.
20-D, R.A. 9344, as amended by R.A. 10630]
Page 31 of 286
CRIMINAL LAW
3. ACCIDENT
Something that happens outside the sway of
our will and, although coming about through
some act of our will, lies beyond the bounds of
humanly foreseeable consequences. [REYES,
Book 1]
Requisites [LDAW]
a. A person is performing a Lawful act;
b. Act was done with Due care;
c. He causes injury by mere Accident; and
d. Without fault or intention of causing it
Accident v. Avoidance of greater evil
Accident Avoidance of
[Art. 12(4)] Greater Evil
[Art. 11(4)]
As to Type of Circumstance
Exempting Justifying
As to Cause of Damage
Offender accidentally Offender deliberately
caused the damage. caused the damage.
4. IRRESISTIBLE FORCE
Requisites [PIT]
a. There was compulsion by means of
Physical force
b. Physical force must be Irresistible
c. Physical force comes from a Third person
[REYES, Book 1]
Actus me invite factus non est meus actus.
An act done by me against my will is not my
act.
The person invoking this circumstance must
show that the force exerted was such that it
reduced him to a mere instrument who acted
not only without his will but against it. [People
v. Lising, G.R. No. 106210-11 (1998)]
The duress, force, fear or intimidation must be
present, imminent and impending, and of such
nature as to induce a well-grounded
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

apprehension of death or serious bodily harm if 6. INSUPERABLE OR LAWFUL CAUSE

the act is not done. [People v. Villanueva, G.R.
No. L-9529 (1958)] Insuperable
It means insurmountable. A cause which has
5. UNCONTROLLABLE FEAR lawfully, morally or physically prevented a
person to do what the law commands. [People
Requisites [ERIGE] v. Bandian, G.R. No. 45186 (1936)]
a. Existence of an uncontrollable fear
b. Fear must be Real and Imminent. Requisites [RFLi]
c. Fear of an injury is Greater than or Equal to a. An act is Required by law to be done
that committed [People v. Petenia, G.R. b. The person Fails to perform such act
No. L-51256 (1986)] c. His failure to perform such act was due to
some Lawful or insuperable cause
Fear should not be speculative, fanciful, or
remote. Such compulsion must leave no Examples:
opportunity to the accused for escape or self- 1. A woman cannot be held liable for
defense in equal combat. [People v. Moreno, infanticide when she left her newborn child
G.R. No. L-64 (1946), cited in REYES, Book 1] in the bushes without being aware that she
had given birth at all. [People v. Bandian,
In Treason supra]
In the eyes of the law, nothing will excuse that 2. A municipal president was exempt from
act of joining an enemy, but the fear of liability in the arbitrary detention of a
immediate death. [People v. Bagalawis, G.R. prisoner because it was impossible to
No. L-262 (1947), cited in REYES Book 1] deliver him to the nearest judicial authority
within the period provided by law given the
Uncontrollable Fear v. Irresistible Force only means of transportation available.
[REYES, Book 1] [U.S. v. Vincentillo, G.R. No. L-6082 (1911)]
Irresistible Force Uncontrollable
Fear c. Mitigating Circumstances [Art. 13]
As to Recipient of Force/Fear
Irresistible force Uncontrollable fear If present, these circumstances do not entirely
must operate may be generated free the actor from criminal liability but serve
directly upon the by a threatened act only to reduce the penalty.
person of the directly to a third
accused. person. Ordinary v. Privileged
As to Type of Evil/Injury Feared Mitigating Circumstance (MC)
Injury feared may be Evil feared must be Ordinary MC Privileged MC
a lesser degree than greater or at least As to Offset
the damage caused equal to the damage May be offset by any Cannot be offset
by the accused. caused to avoid it. aggravating
As to Source of Force/Fear circumstance
Offender uses Offender employs As to Effect
physical force or intimidation or threat If not offset, reduces Reduces the
violence to compel in compelling the penalty to its min penalty by one to
another person to another to commit a period, provided the two degrees than
commit a crime. crime. penalty is divisible. that provided by
law.

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites of Each Mitigating Circumstance [ICN-SIP-VDIA]

Mitigating Requisites Basis
Circumstance

Incomplete A majority, but not all, elements of justifying and

justification/ exempting circumstances are present
exemption

Conditional Offender is above fifteen but below eighteen years of age. Diminution of
minority intelligence

No intention to [NED] Diminution of

commit so grave a There is Notable and Evident Disproportion between the intent
wrong means employed to execute the criminal act and its
consequences.

Sufficient [SOPDI] Diminution of

provocation or 1. Provocation must be Sufficient intelligence and
threat 2. It must Originate from the offended party intent
3. It must be Personal and Directed to the accused
4. It must be Immediate to the act, i.e., to the commission
of the crime by the person who is provoked

Immediate [G(CR)VN] Diminution of

vindication of a 1. That there be a Grave offense done to the one voluntariness
grave offense Committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or Relatives by affinity within the same degree.
2. That the felony is committed in Vindication of such
grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
3. The vindication need Not be done by the person upon
whom the grave offense was committed

Passion or [IPA(US)L] Diminution of

obfuscation 1. The accused acted upon an Impulse. intelligence and
2. The impulse must be so Powerful that it naturally intent
produces passion or obfuscation in him.
3. That there be an Act, both Unlawful and Sufficient to
produce such condition of mind; and
4. That said act which produced the obfuscation was not
far removed from the commission of the crime by a
considerable Length of time, during which the
perpetrator might recover his normal equanimity.

Page 33 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Voluntary Voluntary Surrender: [NA-SV] Lesser

surrender or Plea 1. Offender had Not been actually Arrested. perversity of the
of Guilt 2. Offender Surrendered himself to a person in authority offender
or to the latter’s agent.
3. Surrender was Voluntary.

Plea of Guilt: [SOP]

1. Offender Spontaneously confessed his guilt.
2. Confession of guilt was made in Open court, that is,
before the competent court that is to try the case; and
3. Confession of guilt was made Prior to the presentation
of evidence for the prosecution.

Physical defects [DDBO ADCR] Diminution of

1. The offender is: voluntariness
a. Deaf and Dumb
b. Blind, or
c. Otherwise suffering from some physical defect
which thus restricts his means of:
I. Action
II. Defense, or
III. Communication with his fellow beings
2. Physical defect must have a Relation to the commission
of the crime

Illness Illness of the offender: [D(WP)ND(C)] Diminution of

1. Must Diminish the exercise of his Will-Power. intelligence and
2. Should Not Deprive the offender of Consciousness of intent
his acts.

1. INCOMPLETE JUSTIFICATION OR Applicability

EXEMPTION Applicable when not all the requisites
necessary to justify the act or to exempt from
criminal liability under articles 11 and 12 are
Art. 69. Penalty to be imposed when the
attendant. Provided, the majority of such
crime committed is not wholly excusable.
conditions are present.
– A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the
Effect
deed is not wholly excusable by reason of
The courts have the discretion of imposing the
the lack of some of the conditions required to
penalty lower by one or two degrees than that
justify the same or to exempt from criminal
prescribed by law, in view of the number and
liability in the several cases mentioned in
nature of the conditions of exemption present
Article 11 and 12, provided that the majority
or lacking.
of such conditions be present. The courts
shall impose the penalty in the period which
Rules on Incomplete Justification
may be deemed proper, in view of the
number and nature of the conditions of a. When the justifying or exempting
exemption present or lacking. circumstance has only two (2) requisites,
the presence of one element is sufficient
[REYES, Book 1]

Page 34 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

b. Incomplete justification is a privileged What Age to Consider

mitigating circumstance (it cannot be offset a. In determining whether the penalty
by aggravating circumstances). [People v. should be lowered – the age of the
Ulep, supra.] offender at the time of the commission of
the crime [Boado Comprehensive
Incomplete Self-Defense, Defense of Reviewer, p. 45]
Relatives and Strangers b. In suspending the service of sentence –
a. Unlawful Aggression - should always be the age of the offender at the time the
present to be appreciated as a mitigating sentence is to be promulgated. [Boado
circumstance. Comprehensive Reviewer, p. 45]
b. Ordinary mitigating circumstance - if
only unlawful aggression is present. Effect of Minority of the Offender
c. Privileged mitigating circumstance - if When the offender is a minor under 18 years,
two of the three requisites are present the penalty next lower than that prescribed by
[People v. Oanis, G.R. No. L-47722 (1943)] law shall be imposed, but always in the proper
period. [People v. Jacinto, G.R. No. 182239
Incomplete Accident (2011)]
a. If the “accident” is attended with fault (cf.
fourth element of accident) and without due
Effect of Minority of the Offender
care (second element), - act becomes
punishable under Art. 365. [REYES, Book Age How appreciated
1]
b. If the “accident” is intended (cf. fourth 15 and Exempting circumstance
element) and unlawful (first element), then below
the act is covered by Art. 4 (1), RPC –
intentional felony. [REYES, Book 1] Above 15 Without discernment:
but under 18 Exempting circumstance
2. UNDER 18 OR OVER 70 YEARS OLD
(CONDITIONAL MINORITY) With discernment:
Privileged Mitigating
Circumstance
Art. 68. Penalty to be imposed upon a
person under eighteen years of age. – Over 70 Ordinary Mitigating
When the offender is a minor under eighteen Circumstance except when
years and his case is one coming under the the penalty imposable is
provisions of the paragraphs next to the last death, in such case, the
of Article 80 of this Code, the following rules penalty shall be reduced to
shall be observed: reclusion perpetua. [Boado
1. A person aged fifteen years of age or Comprehensive Reviewer,
under at the time of the commission of the p. 47]
offense shall be exempt from criminal
liability. [R.A. 9344, Sec. 6, as amended
by R.A. 10630, Sec. 3] 3. NO INTENTION TO COMMIT SO GRAVE
2. Upon a person over fifteen and under A WRONG (PRAETER INTENTIONEM)
eighteen years of age, the penalty next
lower than that prescribed by law shall be Praeter Intentionem
imposed, but always in the proper period. The offender had no intention to commit a
grave so wrong as what was actually
committed. [Art. 13(3), RPC].

Page 35 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites [NED] Threat

There is Notable and Evident Disproportion Threat must not be offensive and positively
between the means employed to execute the strong, otherwise, it may result to unlawful
criminal act and its consequences. [U.S. v. aggression, justifying self-defense. See:
Reyes, G.R. No. 12635 (1917)] discussion on self-defense. [People v.
Guysayco, G.R. No. 4912 (1903)]
Applicability
Only applicable to offenses resulting in death, Requisites [SOPDI]
physical injuries, or material harm (including a. Provocation must be Sufficient
property damage) [People v. Galang de b. It must Originate from the offended party
Bautista, C.A., 40 O.G. 4473, cited in REYES, c. It must be Personal and Directed to the
Book 1]. accused
d. It must be Immediate to the act.
When Not Applicable When there is an interval of time between
a. Crime results from criminal negligence or the provocation and the commission of the
culpa [Boado Comprehensive Reviewer] crime, the perpetrator has time to regain his
b. Where the acts were reasonably sufficient reason [People v Pagal, G.R. No. L-32040
and did actually produce the death of the (1977)]
victim. [People v. Sales, G.R. No. 177218
(2011)] Provocation as a Provocation as a
c. Cases involving defamation or slander. Requisite of Mitigating
[People v. Galang de Bautista, supra] Incomplete Circumstance
Self-Defense
Considerations in Determining Existence of
Praeter Intentionem It pertains to its It pertains to its
The intention, as an internal act, is judged not absence on the part presence on the part
only by the proportion of the means employed of the person of the offended
by him to the evil produced by his act, but also defending himself. party. [People v. CA,
by the: [People v. CA, G.R. G.R. No. 103613
a. Weapon used [People v. Reyes, G.R. No. No. 103613 (2001)] (2001)]
42117 (1935), People v. Datu Baguinda,
G.R. No. L-14388 (1960)]
b. Part of the body injured [People v. Banlos, BAR TIP: The common set-up given in a bar
G.R. No. L-3412 (1950)] problem is that of provocation given by
c. Injury inflicted [People v. Flores, G.R. No. somebody against whom the person provoked
27093 (1927)] cannot retaliate; thus the person provoked
d. Manner it is inflicted. [People v. Banlos, retaliated on a younger brother or on the father.
G.R. No. L-3412 (1950)] Although in fact, there is sufficient provocation,
e. Subsequent acts of the accused it is not mitigating because the one who gave
immediately after committing the offense. the provocation is not the one against whom
[People v. Ural, G.R. No. L-30801 (1974)] the crime was committed.

4. SUFFICIENT PROVOCATION OR Look at two criteria

THREAT
Provocation
Any unjust or improper conduct or act of the
offended party capable of exciting, inciting, or
irritating anyone. [REYES, Book 1, p. 274]
a. Element of time; consider:
i. Material lapse of time, and
ii. Effect of the threat of provocation.
b. If at the time the offender committed the
crime, he is still suffering from outrage of
the threat or provocation done to him., then

Page 36 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

he will still get the benefit of this mitigating Provocation v. Vindication [CAMPANILLA]
circumstance. Provocation Vindication
[Art. 13, Par. 6] [Art. 13, Par. 5]
5. IMMEDIATE VINDICATION OF A GRAVE
OFFENSE As to Offended Party
Requisites [G(CR)VN]
a. That there be a Grave offense done to the It is made directly The grave offense
one Committing the felony, his spouse, only to the person may be committed
ascendants, descendants, legitimate, committing the against the
natural or adopted brothers or sisters, or felony. offender’s relatives
Relatives by affinity within the same mentioned by law.
degree.
b. That the felony is committed in Vindication As to Graveness of Offense
of such grave offense. A lapse of time is
allowed between the vindication and the The offense need The offended party
doing of the grave offense. not be a grave must have done a
c. The vindication need Not be done by the offense. grave offense to the
person upon whom the grave offense was offender or his
committed relatives.

As to Immediateness of Offense
Lapse of Time Allowed
Although the grave offense which engendered The provocation or The grave offense
the perturbation of mind was not so immediate, threat must may be proximate,
it was held that the influence thereof, by reason immediately precede which admits of an
of its gravity, lasted until the moment the crime the act. interval of time
was committed. [People v. Parana, G.R. No. L-
45373 (1937)] As to Subject of Offense

However, this circumstance cannot be It is a mere spite It concerns the

considered where sufficient time has elapsed
for the accused to regain his composure.
[People v Ventura, G.R. No. 148145-46 (2004)]
Gravity of Personal Offense
The question whether or not a certain personal
offense is grave is dependent on the following
must be decided by the court, having in mind:
[TimPlaS]
a. Time when the insult was made;
b. Place; and
c. Social standing of the person.
against the one honor of the person.
giving the
provocation or
threat.
6. PASSION OR OBFUSCATION
Requisites [IPA(US)L]
a. The accused acted upon an Impulse [Art.
13 (6), RPC];
b. The impulse must be so Powerful that it
naturally produces passion or obfuscation
in him [Art. 13(6), RPC; People v.
Danafrata, G.R. No. 143010 (2003)];
c. That there be an Act, both Unlawful and
Sufficient to produce such condition of
mind; [People v. Comillo, G.R. No. 186538
(2009)] and
d. That said act which produced the
obfuscation was not far removed from the

Page 37 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

commission of the crime by a considerable Must arise from Irresistible force is

Length of time, during which the lawful sentiments to unlawful.
perpetrator might recover his normal be mitigating.
equanimity. [Del Poso v. People, G.R. No.
210810 (2016)]
Passion/Obfuscation vs. Provocation
[CAMPANILLA]
There is passion or obfuscation when there are Passion or Provocation
causes naturally producing in a person the Obfuscation [Art. 13(4)]
following: [Art. 13 (6)]
a. Powerful excitement
b. Loss of reason and self-control As to Source of Provocation
c. Diminution the exercise of his will power.
[U.S. v. Salandanan, G.R. No. 951 (1902)] Provocation comes from the injured party.

When Not Applicable As to immediateness of commission

a. When the act is committed in a spirit of
The offense which Must immediately
lawlessness or revenge. [People v. Bates,
engenders the precede the
G.R. No. 139907 (2003)]
perturbation of mind commission of the
b. If the cause of loss of self-control is trivial
need not be crime.
and slight, obfuscation is not mitigating.
immediate. It is only
[U.S. v. Diaz, G.R. No. 5155 (1910)]
required that the
c. Act causing obfuscation does not come
influence thereof
from the offended party. [REYES, Book 1,
lasts until the
p. 295]
moment the crime is
committed.
Passion/Obfuscation vs. Irresistible Force
Passion or Irresistible force In both, the effect is the loss of reason and
Obfuscation [Art. 12 (5)] self-control on the part of the offender.
[Art. 13 (6)]
Passion and Obfuscation Considered
As to Type of Circumstance
Alongside Other Circumstances. Passion
Mitigating Exempting and obfuscation cannot be considered
Circumstance Circumstance separately from:
a. Treachery (Aggravating Circumstance).
As to Role of Physical Force Passion cannot co-exist with treachery
because in passion, the offender loses his
Does not involve Physical force is a control and reason while in treachery the
physical force. condition sine qua means employed are consciously adopted.
non. [People v. Germina, G.R. No. 120881
(1998)]
As to Source of Circumstance b. Provocation (Mitigating Circumstance).
They cannot be considered as two
Passion/obfuscation Irresistible force
separate mitigating circumstances. If these
comes from the comes from a third
two circumstances are based on the same
offender himself. person.
facts, they should be treated together as
As to Source of Sentiments one mitigating circumstance. [Romera v.
People, G.R. No. 151978 (2004)]

Page 38 of 286
U.P. LAW BOC CRIMINAL LAW I
c. Vindication (Mitigating Circumstance).
Vindication of a grave offense and passion
or obfuscation cannot be counted
separately and independently. If these two
circumstances arise from one and the
same incident, they should be considered
as only one mitigating circumstance.
[People v. Torpio, G.R. No. 138984 (2004)]
7. VOLUNTARY SURRENDER OR PLEA
OF GUILT
A. Voluntary Surrender
Requisites [NA-SV]
a. Offender has Not been actually Arrested
Exception: Where a person, after
committing the offense and having
opportunity to escape, voluntarily waited
for the agents of the authorities and
voluntarily gave up, he is entitled to the
benefit of the circumstance, even if he was
placed under arrest by a policeman then
and there. [People v. Parana, G.R. No. L-
45373 (1937)]
b. Offender Surrendered himself to a person
in authority or to the latter’s agent
Person in authority – one directly vested
with jurisdiction. [Art. 152]
Agent of person in authority – person,
who, by direct provision of law, or by
election or by competent authority, is
charged with the maintenance of public
order and the protection and security of life
and property and any person who comes to
the aid of persons in authority. [Art. 152]
Examples:
i. When the accused surrenders himself
to the commanding officer. [REYES,
Book 1]
ii. When the accused who first
surrendered to the Municipal Court
later surrenders himself to the
Constabulary headquarters of the
province. [People v. Casalme, G.R. No.
L-18033 (1966)]
Page 39 of 286
CRIMINAL LAW
c. Surrender was Voluntary
Surrender is voluntary if it is spontaneous
either because he:
i. Acknowledges his guilt., or
ii. Wishes to save them the trouble and
expenses that would be necessarily
incurred in his search and capture.
[Andrada v. People, G.R. No. 135222
(2005)]
NOTE: Whether or not a warrant of arrest
had been issued is immaterial and
irrelevant. The RPC does not distinguish
among the various moments when the
surrender may occur. [REYES, Book 1]
Not Considered Voluntary Surrender
a. Merely requesting a policeman to
accompany the accused to the police
headquarters. [People v. Flores, G.R. No.
137497 (1994)]
b. If the only reason for the supposed
surrender is to ensure the safety of the
accused whose arrest is inevitable, the
surrender is not spontaneous and hence
not voluntary. [People v. Pinca, G.R. No.
129256 (1999)]
c. When the accused surrendered only 14
days after the commission of the offense,
as this shows that his surrender was
merely an afterthought. [People v. Agacer,
G.R. No. 177751 (2011)]
B. Plea of Guilt
Requisites [SOP]:
a. Offender Spontaneously confessed his
guilt;
b. Confession of guilt was made in Open
court; and
c. Confession of guilt was made Prior to the
presentation of evidence. [People v.
Crisostomo, G.R. No. L-32243 (1988)]
Legal Effects
General Rule: While the plea of guilty is
mitigating, it is also considered an admission of
all material facts alleged in the information,
including aggravating circumstances. The
admission covers both the crime and its
attendant circumstances qualifying and/or
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

aggravating. [People v Jose, G.R. No. L-28232 8. PHYSICAL DEFECTS

(1971)]
Requisites: [DDBO ADCR]
Exception: Plea of guilty cannot be held to a. The offender is:
include treachery and evident premeditation i. Deaf and Dumb
where the evidence adduced does not ii. Blind, or
adequately disclose its existence. [People v iii. Otherwise suffering from some
Gravino, G.R. No. L-31327-29 (1983)] physical defect which thus restricts his
means of:
When Mitigating 1. Action
a. Change of plea if made at the first 2. Defense, or
opportunity when his arraignment was first 3. Communication with his fellow
set. [People v. Hermino, G.R. No. 45466 beings
(1937)] b. Physical defect must have a Relation to the
b. Withdrawal of plea of not guilty before commission of the crime [REYES, Book 1]
presentation of evidence by prosecution.
[People v. Kayanan, G.R. No. L- NOTE: Illness must only diminish and not
30355(1978)] deprive the offender of the consciousness of
c. A plea of guilty on an amended information his acts. Otherwise, he will be exempted from
will be considered as an attenuating criminal liability. [Boado Comprehensive
circumstance if no evidence was presented Reviewer, p. 51]
in connection with the charges made
therein. [People v. Ortiz, G.R. No. L-19585 9. ILLNESS
(1965)]
Requisites [D(WP)ND(C)]:
When Not Mitigating a. Illness of the offender must Diminish the
a. Conditional plea of guilty - It is when an exercise of his Will-Power.
accused admits his guilt provided that a b. Illness should Not Deprive the offender of
certain penalty be imposed upon him. Consciousness of his acts. [REYES, Book
[People v. Moro Sabilul, G.R. No. L-3765 1, p. 320]
(1951)]
b. Extrajudicial Confession – It is not Illness v. Insanity
voluntary confession because it was made Illness Insanity
outside the court. [People v. Pardo, G.R. [Art. 13 (9)] [Art. 12(1)]
No. L-562 (1947)] Definition
c. Plea of Guilt on Appeal - Plea must be Refers only to Any mental disorder
made at the first opportunity. [People v. diseases of severe enough that
Hermino, G.R. No. 45466 (1937)] pathological state it prevents a person
that trouble the from having legal
Plea to a Lesser Offense conscience or will. capacity and
The accused may be allowed to plead guilty to excuses the person
a lesser offense which is necessarily included from criminal or civil
in the offense charged, with the consent of the responsibility.
offended party and prosecutor. This may be [Black’s Law
done at arraignment or after withdrawing his Dictionary]
plea of not guilty. [Sec. 2, Rule 116, ROC] As to Effect
Diminution of Complete
intelligence. deprivation of
intelligence.

Page 40 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

How Appreciated 2. SPECIFIC. Those that apply only to

Mitigating Exempting particular crimes. Nos. 3 (except dwelling),
circumstance circumstance 15, 16, 17 and 21.
3. QUALIFYING. Those that change the
10. ANALOGOUS MITIGATING nature of the crime (i.e. Art. 248 enumerate
CIRCUMSTANCES the qualifying AC which qualifies the killing
of person to murder). If two or more possible
Any other circumstance of similar nature and qualifying circumstances were alleged and
analogous to the nine mitigating circumstances proven, only one would qualify the offense
enumerated in Art. 13 may be mitigating. and the others would be generic
aggravating.
Examples:
a. Stealing because of extreme poverty is Examples of qualifying aggravating
considered as analogous to incomplete circumstances:
state of necessity. [People v. Macbul, G.R. a. Circumstance of treachery or evident
No. 48976 (1943)] premeditation qualifies the killing of a
b. Over 60 years old with failing sight is person to murder. [Art. 248]
considered as analogous to over 70 years b. Circumstances of grave abuse of
of age mentioned in par. 2. [People v. confidence and calamity qualifies the
Reantillo, G.R. No L-45685 (1938)] crime of theft to qualified theft. [Art.
c. Voluntary restitution of stolen goods is 310]
considered as analogous to voluntary c. Circumstances of minority or taking
surrender. [People v. Luntao, 50 O.G. advantage of public office qualifies the
1182] crime of simple seduction to qualified
d. Impulse of jealous feelings is considered seduction. [Art. 337]
as analogous to passion and obfuscation.
[People v. Libria, G.R. No. L-6585 (1954)] Generic v. Specific v. Qualifying [REYES,
e. Testifying for the prosecution, without Book 1]
previous discharge is considered as Generic Specific Qualifying
analogous to a plea of guilty. [People v.
Navasca, G.R. No. L-29107 (1977)] As to Penalty Imposed
f. Voluntarily taking a stolen cow back to the
authorities to save them the time and effort Increases Increases the It places the
of looking for the cow is considered as the penalty penalty to the author of the
analogous to voluntary surrender. [Canta v. to the maximum crime in such
People, G.R. No. 140937 (2001)] maximum period. a situation as
period. to deserve
another
d. Aggravating Circumstances [Art. penalty, as
14] specially
prescribed by
A. KINDS OF AGGRAVATING law.
CIRCUMSTANCES
As to Applicability
1. GENERIC. Those that can generally apply
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, Applicable to Applicable to Applicable
9, 10, 14, 18, 19, and 20 except “by means all crimes. particular only to
crimes. relevant
of motor vehicles”. A generic aggravating
provisions
circumstance may be offset by a generic
where such
mitigating circumstance.

Page 41 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

circumstances f. Certain Circumstances in relation to

were specified Arson [Sec. 4, P.D. 1613]
(e.g. Art. 248-
Murder) Penalty Not Increased Despite Presence of
Aggravating Circumstances:
a. Aggravating circumstances which are
As to the Nature of the Circumstance included by the law in defining a crime and
prescribing the penalty. [Art. 62, par. 1].
It is not an It is not an Circumstance b. Aggravating circumstances inherent in the
ingredient of ingredient of affects the crime to such a degree that it must of
the crime. It the crime. It nature of the necessity accompany the commission
only affects only affects crime itself thereof. [Art. 62, par. 2].
the penalty the penalty to such that the
to be be imposed. offender shall
Aggravating Circumstances Personal to
imposed. be liable for a
Offenders
more serious
Aggravating circumstances which arise from:
crime.
a. Moral attributes of offender (evident
Circumstance premeditation);
is actually an b. His private relations with offended party
ingredient of (consanguinity and affinity); and
the crime c. Any other personal cause (recidivism).

As to being offset Effect: Above circumstances shall only serve

to aggravate the liability of the principals,
Can be Can be offset Cannot be accomplices, and accessories as to whom
offset by an by ordinary offset by any such circumstances apply. [Art. 62, par. 3].
ordinary mitigating mitigating Aggravating Circumstances which Depend
mitigating circumstance circumstance on the Knowledge for their Application
circumstance The following circumstances shall serve to
aggravate the liability of only the persons who
4. INHERENT. Those that are already had knowledge of them at the time of the
elements of the felony and are thus no execution of the act or their cooperation
longer considered against the offender in therein:
the determination of the felony. [Boado a. Circumstances related to the material
Comprehensive Reviewer, p. 55] execution of the act; and
b. Circumstances related to the means
5. SPECIAL. Those which arise under special employed to accomplish it (e.g. nighttime)
conditions to increase the penalty of the [Art. 62, par. 4]
offense and cannot be offset by mitigating
circumstances: Aggravating/Qualifying Circumstance Must
a. Quasi-recidivism [Art. 160] be Alleged in the Information
b. Complex crimes [Art. 48] Every Complaint or Information must state the
c. Error in personae [Art. 49] qualifying and aggravating circumstances.
d. Taking advantage of public position [Art. [Sec. 8, Rule 110, Revised Rules of Criminal
171] Procedure]. If not alleged, they may still be
e. Membership in an organized/syndicated considered in the award for damages. [People
crime group [Art. 62] v. Evina, G.R. Nos. 12430-31 (2003)]

Page 42 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]

Aggravating Basis Requisites

Circumstance

Par. 1. Taking Personal [PIPAM]

advantage of circumstance of the 1. Offender is a Public Officer
Public office offender and the 2. Such officer used the Influence, Prestige or
means to secure Ascendancy which his office gives him
the commission of 3. The same was used as Means by which he realizes
the crime his purpose.

Par. 2. In Lack of respect for [ENOKP]

Contempt of or the public 1. Public authority is Engaged in the exercise of his
with insult to authorities functions.
public authorities 2. Public authority is Not the person against whom the
crime is committed.
3. Offender Knows him to be a public authority.
4. His Presence has not prevented the offender from
committing the criminal act.

Par. 3. With insult Personal [RASD]

or lack of regard circumstances of 1. Insult or disregard was made on account of:
due to offended the offended party a. Rank – designation or title used to fix the
party by reason of relative position of the offended party in
Rank, age, or sex reference to others. There must be a
difference in the social condition of the
offender and offended party
b. Age - May refer to old age or tender age of
the victim.
c. Sex - Refers to the female sex [REYES, Book
1]
2. Such insult or disregard was Deliberately intended

Par. 3. Dwelling Place of the [BS(ReCo) + NP]

commission of the 1. Act was committed in the dwelling, which may
crime pertain to a:
a. Building; or
b. Structure, which is
c. Exclusively used for Rest and Comfort.
2. Offended party must Not give Provocation.

Par. 4. Abuse of Means and ways [TAF]

confidence employed in 1. Offended party had Trusted the offender.
commission of the 2. Offender Abused such trust by committing a crime
crime against the offended party.
3. The abuse of confidence Facilitated the
commission of the crime.

Page 43 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Par. 4. Obvious Means and ways [TAU]

ungratefulness employed in 1. Offended party Trusted the offender;
commission of the 2. Offender Abused such trust; and
crime 3. Act was committed with obvious Ungratefulness.

Par. 5. In the Place of the Crime was committed: [PalPreDRW]

palace of the commission of the 1. In the Palace of the Chief Executive, or
Chief Executive or crime 2. In his Presence, or
in his presence, or 3. Where public authorities are engaged in the
where public Discharge of their duties, or
authorities are 4. In a place dedicated to Religious Worship
engaged in the
discharge of their
duties, or in a
Place dedicated to
religious worship

Par. 6. Nighttime, Time, place, and Circumstances of nighttime, uninhabited place or band:
uninhabited place, means of the [FES]
by a band commission of the 1. Facilitated the commission of the crime; [REYES,
crime Book 1, p. 364]; and
2. Was Especially Sought for by the offender to insure
the commission of the crime or for the purpose of
impunity; [People v. Pardo, G.R. No. L-562 (1947)]

Par. 7. On Time and place of The offender must take advantage of the calamity or
occasion of a the commission of misfortune
Calamity the crime

Par. 8. Aid of Means and ways [ArMC AAA]

Armed men or employed in 1. That the armed men or persons took part in the
means to ensure commission of the Commission of the crime, directly or indirectly; and
impunity crime 2. Accused Availed himself of their Aid or relied upon
them when the crime was committed.

Par. 9. Recidivism Inclination to [TPCSC]

commit crime 1. Offender is on Trial for an offense;
2. He was Previously Convicted by final judgment of
another crime;
3. That both the 1st and 2nd offenses are embraced in
the Same title of the Code; and
4. Offender is Convicted of the new offense.

Par. 10. Inclination to [TP-SEG2-C]

Reiteracion or commit crime 1. Accused is on Trial for an offense;
Habituality 2. He Previously Served sentence for another offense
to which the law attaches:
a. an equal or greater penalty, or
b. For 2 or more crimes to which it attaches lighter
penalty than that for the new offense; and

Page 44 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. That he is Convicted of the new offense.

Par. 11. Price, Motivating power [TOAI]

reward, or 1. There must be Two or more principals
promise a. One who gives or Offers price or promise
b. One who Accepts it
2. Price, reward, or promise must be for the purpose
of Inducing another to perform the deed.

The price, reward or promise need not: [MAD]

1. Consist of or refer to Material things; or
2. Be Actually Delivered; it being sufficient that the
offer made by the principal by inducement was
accepted by the principal by direct participation
before the commission of the offense.

Par. 12. Means and ways Crime was committed by means of: [IFPESIDO]
Inundation, fire, employed in 1. Inundation
poison, explosion, commission of the 2. Fire
etc. crime 3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin

Par. 13. Evident Means and ways Prosecution must prove: [TAL]
premeditation employed in 1. Time when the offender determined to commit the
commission of the crime;
crime 2. An Act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient Lapse of time between the
determination and execution, to allow him to reflect
upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.

Par. 14. Craft, Means and ways That the crime was committed by means of:
fraud, or disguise employed in 1. Craft: Intellectual trickery and cunning on the part
commission of the of the accused;
crime 2. Fraud: Insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design; or
3. Disguise: Any device to conceal identity

Page 45 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Par. 15. Superior Means and ways [NIP]

strength or means employed in 1. There is a Notorious Inequality of forces between
to weaken commission of the victim and aggressor.
defense crime 2. Offender Purposely used excessive force out of
proportion to the means of defense available to the
persons attacked.

Par. 16. Alevosia Means and ways [CAN]

(Treachery) employed in 1. Offender Consciously Adopts particular means,
commission of the methods, or forms tending directly and specially to
crime ensure the execution of the crime.
2. The employment of such means gave the offended
party No opportunity to defend himself or retaliate.

Par. 17. Ignominy Means and ways The means employed or the circumstances brought
employed in about must tend to make the effects of the crime more
commission of the humiliating or to put the offended party to shame.
crime

Par. 18. Unlawful Means and ways Entrance is effected by a way not intended for the
entry employed in purpose.
commission of the
crime

Par. 19. Breaking Means and ways [WaRFDWiE]

wall, floor, roof employed in 1. Breaking the Wall, Roof, Floor, Door, or Window is
commission of the a means to the commission of the crime.; and
crime 2. Breaking was used as a means to effect Entrance
and not merely for escape.

Par. 20. With aid Means and ways Commission of the crime is committed with the aid of
of persons Under employed in children under 15 years of age
15 commission of the
crime

Repress practice of
criminals to avail of
minors and take
advantage of their
irresponsibility

Page 46 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Par. 20. By Motor Means and ways [MS-MC(GoCaF)]

vehicles, airships, employed in 1. That any of the following was used:
or other similar commission of the a. Motorized vehicles; or,
means crime b. Other efficient means of transportation Similar
to automobile or airplane.
To counteract the
great facilities 2. The same was used as Means of Committing the
found by modern crime, such as by using the same to:
criminals as means a. Go to the place of the crime
to commit crime, b. Carry away the effects thereof; and
and flee and c. Facilitate their escape
abscond

Par. 21. Cruelty Means and ways [DIUE]

employed in 1. Injury caused be was Deliberately Increased by
commission of the causing other wrong;
crime 2. Other wrong was Unnecessary for the Execution of
the purpose of the offender.

B. AGGRAVATING CIRCUMSTANCES 2. CONTEMPT OR INSULT TO PUBLIC

AUTHORITIES
1. TAKING ADVANTAGE OF PUBLIC
OFFICE Kind: Generic Aggravating Circumstance

Kind: Generic & Special Aggravating Requisites [ENOKP]

Circumstance [R.A. 7659]
Requisites [PIPAM]
a. Offender is a Public Officer
b. Such officer used the Influence, Prestige or
Ascendancy which his office gives him
c. The same was used as Means by which he
realizes his purpose. [U.S. v. Rodriguez,
G.R. No. 6344 (1911)]
Test: “Did the accused abuse his office in order
to commit the crime?” [U.S. v. Rodriguez, G.R.
No. 6344 (1911)].
If the accused could have perpetrated the
crime even without occupying his position,
there is no abuse of public position. [People v.
Villamor, G.R. Nos. 140407-08 (2002)]
a. Public authority is Engaged in the exercise
of his functions
b. Public authority is Not the person against
whom the crime is committed
c. Offender Knows him to be a public
authority
d. His Presence has not prevented the
offender from committing the criminal act.
NOTE: If the crime is committed against the
public authority while in the performance of his
duty, the offender commits direct assault
instead. [Art. 148, RPC]
Effect of Failure to Allege Knowledge in
Information
Failure to expressly allege in the Information
that the accused had the knowledge that the
person attacked was a person in authority does
not render the information defective so long as
there are facts therein from which it can be
implied that the accused knew that the person
attacked was a person in authority [People v.
Balbar, G.R. Nos. L-20216-17 (1967)]

Page 47 of 286
U.P. LAW BOC CRIMINAL LAW I
3. INSULT OR DISREGARD OF THE
RESPECT DUE THE OFFENDED PARTY
ON ACCOUNT OF HIS: (a) RANK; (b)
AGE; OR (c) SEX, OR THAT IT BE
COMMITTED IN THE DWELLING OF THE
OFFENDED PARTY
Four circumstances are enumerated in this
paragraph, which can be considered singly or
together. If all the four circumstances are
present, they have the weight of one
aggravating circumstance only. [REYES, Book
1]
These may be considered singly when their
elements are distinctly perceived and can
subsist independently. [People v. Santos, 91
Phil. 320, 327-328 (1952)]
A. Insult or Disregard
Kind: Specific Aggravating Circumstance
Specific to crimes against persons or honor.
[People v. Pagal, G.R. No. L-32040 (1977)]
Requisites: [RASD]
a. Insult or disregard was made on account
of:
i. Rank – designation or title used to fix
the relative position of the offended
party in reference to others. There
must be a difference in the social
condition of the offender and offended
party
ii. Age - May refer to old age or tender
age of the victim.
iii. Sex - Refers to the female sex
[REYES, Book 1]
b. Such insult or disregard was Deliberately
intended
Deliberately Intended
There must be evidence that in the commission
of the crime, the accused deliberately intended
to offend or insult the sex or age of the offended
party. [People v. Mangsat, G.R. No. L-34675]
Page 48 of 286
CRIMINAL LAW
Not Considered as Aggravating
Circumstance:
a. When the offender acted with passion and
obfuscation. [People v. Ibañez, G.R. No.
197813]
b. When there exists a relationship between
the offended party and the offender.
[People v. Valencia, G.R. No. L-39864
(1993)]
c. When the condition of being a woman is
indispensable in the commission of the
crime (e.g., rape, abduction, or seduction).
[REYES, Book 1, p. 348]
Guidelines to Prove Age
The Court established the guidelines in
appreciating age, either as an element of the
crime or as a qualifying circumstance, as
follows:
1. Best evidence - original or certified true
copy of the certificate of live birth of such
party.
2. In the absence of a certificate of live
birth, similar authentic documents (e.g.,
baptismal certificate and school records
which show the date of birth)
3. In the absence of the foregoing,
testimony, if clear and credible, of the
victim's mother or a member of the family
either by affinity or consanguinity who is
qualified to testify on matters respecting
pedigree such as the exact age or date of
birth of the offended party pursuant to
Section 40, Rule 130 of the Rules on
Evidence shall be sufficient under the
following circumstances:
a. If the victim is alleged to be below 3 years
of age and what is sought to be proved is
that she is less than 7 years old;
b. If the victim is alleged to be below 7 years
of age and what is sought to be proved is
that she is less than 12 years old;
c. If the victim is alleged to be below 12
years of age and what is sought to be
proved is that she is less than 18 years
old.
4. In the absence of the foregoing, the
complainant's testimony will suffice
provided that it is expressly and clearly
admitted by the accused.
U.P. LAW BOC CRIMINAL LAW I
NOTE: It is the prosecution that has the
burden of proving the age of the offended party.
The failure of the accused to object to the
testimonial evidence regarding age shall not be
taken against him. [People v. Arpon, G.R. No.
183563 (2011)]
B. Act Committed in Dwelling
Kind: Generic Aggravating Circumstance
Requisites [BS(ReCo) + NP]
a. Act was committed in the dwelling, which
may pertain to a:
i. Building; or
ii. Structure, which is
iii. Exclusively used for Rest and Comfort.
b. Offended party must Not give Provocation.
Dwelling
Building or structure, exclusively used for rest
and comfort. It is not necessary that the victim
owns where she lives or dwells. A lessee,
boarder, or bedspacer can consider such place
as his home, the sanctity of which the law
seeks to uphold. [People v Daniel, G.R. No. L-
40330 (1978)]
Dwelling includes dependencies such as the
foot of the staircase and enclosure under the
house. [U.S. v. Tapan, G.R. No. 6504 (1911)]
Dwelling cannot be appreciated as an
aggravating circumstance when the rape is
committed on the ground floor of a two-story
structure, the lower floor being used as a video
rental store and not as a private place of abode
or residence. [People v. Tao, G.R. No. 133872
(2000)]
Dwelling v. Domicile
Dwelling should not be understood in the
concept of a domicile. A person can have more
than one dwelling.
Considered as Aggravating
Circumstances:
a. Even without entry to dwelling - it is
enough that the victim was attacked inside
his own house. [People v. Ompaid, G.R.
No. L-23513 (1969)]
Page 49 of 286
CRIMINAL LAW
b. When crime was committed outside the
dwelling - Dwelling is still aggravating if the
commission of the crime began inside the
dwelling. [U.S. v. Lastimosa, G.R. No. 9178
(1914)]
Not Considered as an Aggravating
Circumstance:
a. When both offender and offended party are
occupants of the same house [U.S. v.
Rodriguez, supra.], and this is true even if
offender is a servant of the house. [People
v. Caliso, supra.]
b. When the owner of the dwelling gave
sufficient and immediate provocation.
[REYES, Book 1]
c. Crimes where Dwelling is Inherent:
i. Trespass to Dwelling [Art. 280, RPC]
ii. Robbery with force upon things [Art.
299, RPC]
4. ABUSE OF CONFIDENCE OR OBVIOUS
UNGRATEFULNESS
Kind: Generic Aggravating Circumstance
Par. 4 provides two aggravating circumstances
–abuse of confidence and obvious
ungratefulness. If both are present in the same
case, they must be independently appreciated.
[REYES, Book 1]
A. Abuse of Confidence
Requisites: [TAF]
a. Offended party Trusted the offender
b. Offender Abused such trust
c. Abuse of confidence Facilitated the
commission of the crime
Confidence
Confidence between the offender and the
offended party must be immediate and
personal. If two persons just met for the first
time, there can be no personal or immediate
relationship upon which confidence might rest
between them. [People v. Mandolado, G.R. No.
L-51304-05 (1983)]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Abuse Confidence is an Inherent 4. Offender must have the intention to

Circumstance of: commit a crime when he entered the place.
a. Qualified seduction [Art. 337, RPC] [People v. Jaurigue, C.A. No. 384 (1946)]
b. Qualified theft [Art. 310, RPC]
c. Estafa by conversion or misappropriation Where public authorities are engaged in the
[Art. 315, RPC] discharge of their duties (Par. 5) v.
d. Malversation [Art. 217, RPC] Contempt or insult to public authorities
(Par. 2)
B. Obvious Ungratefulness
Par. 5 Par. 2
Requisites: [TAU]>
Public Authorities Contempt or Insult
a. Offended party Trusted the offender
Engaged in to Public
b. Offender Abused such trust
Discharge of Authorities
c. Act was committed with obvious
Duties
Ungratefulness
Public authorities are engaged in the
5. CRIME WAS COMMITTED IN THE performance of their duties.
PALACE OF THE CHIEF EXECUTIVE OR
IN HIS PRESENCE, OR WHERE PUBLIC As to Acts Punished
AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN A Crime was Crime was
PLACE DEDICATED TO RELIGIOUS committed in a place committed in the
WORSHIP where public presence of a public
authorities are authority engaged in
Kind: Generic Aggravating Circumstance engaged in the the performance of
discharge of their his function,
Four (4) Circumstances Contemplated duties regardless of the
Crime was committed: [PalPreDRW] palace
a. In the Palace of the Chief Executive, or
b. In his Presence, or As to Offended Party
c. Where public authorities are engaged in Offended party may Public authority
the Discharge of their duties, or or may not be the should not be the
d. In a place dedicated to Religious Worship
public authority offended party
Rules:
1. If committed in the Palace of the Chief 6. CRIME WAS COMMITTED (1) IN THE
Executive or in a Church (Place of NIGHT TIME, OR (2) IN AN
Religious Worship - it is aggravating UNINHABITED PLACE, OR (3) BY A
regardless of whether State or official or BAND, WHENEVER SUCH
religious functions are being held. The CIRCUMSTANCES MAY FACILITATE
President need not be in the palace. THE COMMISSION OF THE OFFENSE
[REYES, Book 1, p. 361]
2. If committed in the Presence of the Kind: Generic Aggravating Circumstance
Chief Executive – it is aggravating
regardless of the place where the crime is Requisites: [FES]
committed. It also applies even if he is not Circumstances of nighttime, uninhabited place
engaged in the discharge of his duties in or band:
the place where the crime was committed. a. Facilitated the commission of the crime;
[REYES, Book 1, p. 361] b. Was Especially Sought for by the offender
3. Cemeteries - not places dedicated for to insure the commission of the crime or for
religious worship. [REYES, Book 1, p. 362]

Page 50 of 286
U.P. LAW BOC CRIMINAL LAW I
the purpose of impunity; [People v. Pardo,
G.R. No. L-562 (1947)]
Can be Considered Separately
General Rule: If they concur in the
commission of the crime, they are considered
as one aggravating circumstance.
Exception: When the following are present:
a. When their elements are distinctly
perceived
b. When they can subsist independently.
c. When it reveals a greater degree of
perversity. [People v. Santos, G.R. No.
L41-89 (1952)]
A. Nighttime (Nocturnidad)
The commission of the crime must begin and
be accomplished in the nighttime (after sunset
and before sunrise, cf. Art. 13, Civil Code).
Two (2) Tests for Nocturnity
a. Objective test - nighttime is aggravating
because the darkness facilitated the
commission of the offense; [People v.
Pardo, G.R. No. L-562 (1947)] and
b. Subjective test - nighttime is aggravating
because the darkness was purposely
sought by the offender. [People v. Ventura,
supra.]
Nighttime and Treachery
General Rule: Nighttime is absorbed in
treachery if it is part of the treacherous means
to insure the execution of the crime. [People v.
Ong, G.R. No. 34497 (1975)]
Exception: Where both the treacherous mode
of attack and nocturnity were deliberately
chosen upon the same case. Both may be
perceived distinct from one another. [People v.
Berdida, G.R. No. L-20183 (1966)]
Well-lit place
When the place is illuminated by light,
nighttime is not aggravating. [People v. Bato,
G.R. No. L-23405 (1967)]
B. Uninhabited Place
It is determined not by the distance of the
nearest house to the scene of the crime but
Page 51 of 286
CRIMINAL LAW
whether or not in the place of the commission
of the offense, there was a reasonable
possibility of the victim receiving some help.
[People v. Desalisa, G.R No. 95262 (1994)]
Solitude must be sought to better attain the
criminal purpose. [People v. Aguinaldo, G.R.
No. 33843 (1931)]
When place of crime could be seen and the
voice of the victim could be heard from a
nearby house, the place of the crime is not
“uninhabited.” [People v. Laoto, G.R. No. 1928
(1928)]
C. Band (Cuadrilla)
Requisites: [4AAT]
a. There should be at least be four (4)
persons;
b. Such persons are Armed; and
c. They Acted Together in the commission of
an offense. [REYES, Book 1]
Abuse of superior strength and use of firearms
are absorbed by the aggravating circumstance
of by a band. [People v. Escabarte, G.R. No. L-
42964 (1988)]
Not Considered as Aggravating
Circumstance in Brigandage
Brigandage is committed by more than three
armed persons forming a band of robbers [Art.
306, RPC]. Thus, that the crime was committed
by a band is inherent in the definition of the
crime and is not aggravating. [REYES, Book 1,
p. 374]
7. ON THE OCCASION OF A
CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE
Kind: Generic Aggravating Circumstance
Rationale: The debased form of criminality of
one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds to
their suffering by taking advantage of their
misfortune and despoiling them. [U.S. v.
Rodriguez, G.R. No. 6344 (1911)]
U.P. LAW BOC CRIMINAL LAW I
Requisite:
Offender must >take advantage of the calamity
or misfortune.
“Or Other Calamity or Misfortune”
Refers to other conditions of distress similar to
“conflagration, shipwreck, earthquake or
epidemic.”
8. AID OF ARMED MEN OR PERSONS
WHO INSURE OR AFFORD IMPUNITY
Kind: Generic Aggravating Circumstance
Requisites: [ArMC AAA]
a. Armed men or persons took part in the
commission of the crime, directly or
indirectly; and
b. Accused Availed himself of their Aid or
relied upon them while the crime was
committed
Armed Men
Persons equipped with weapons. It also covers
armed women. [People v. Licop, G.R. No.
L06061 (1954)]
Not Considered as an Aggravating
Circumstance:
a. When both the attacking party and the
party attacked were equally armed. [ALBERT]
b. When the accused as well as those who
cooperated with him in the commission of
the crime acted under the same plan and
for the same purpose. [People v. Piring,
G.R. No. 45053 (1936)]
c. Casual presence, or when the offender did
not avail himself of their aid nor knowingly
count upon their assistance in the
commission of the crime. [U.S. v. Abaigar,
G.R. No. 1255 (1903)]
By a Band (Par. 6) v. Aid of Armed Men (Par.
8)
Par. 6 Par. 8
By a Band With Aid of
Armed Men
As to Number of Malefactors
Requires more than 3 At least 2 armed men
armed malefactors (at
least 4)
Page 52 of 286
CRIMINAL LAW
As to Degree of Participation
Band members are all Armed men are mere
principals [REYES, accomplices [REYES,
Book 1, p. 372] Book 1, p. 376]
9. RECIDIVISM
Kind: Generic Aggravating Circumstance
Requisites [TPCSC]
a. Offender is on Trial for an offense;
b. He was Previously Convicted by final
judgment of another crime;
c. Both the first and second offenses are
embraced in the Same title of the Code;
d. Offender is Convicted of the new offense.
See: Recidivism under Multiple Offenders for
detailed discussion
10. REITERACION
Kind: Generic Aggravating Circumstance
Requisites: [TP-SEG2-C]
a. Offender is on Trial for an offense.
b. He was Previously Served sentence for:
i. Another offense of Equal or Greater
penalty than the new offense; or
ii. 2 or more crimes of lighter penalty
c. Offender is Convicted of the new offense.
See: Reiteracion under Multiple Offenders for
detailed discussion.
11. IN CONSIDERATION OF A PRICE,
REWARD, OR PROMISE
Kind: Generic Aggravating Circumstance
Requisites: [TOAI]
a. There must be Two or more principals:
i. One who gives or Offers price or
promise; and
ii. One who Accepts it; [REYES, Book 1]
b. Price, reward, or promise must be for the
purpose of Inducing another to perform the
deed. [REYES, Book 1]
The price, reward or promise need not: [MAD]
a. Consist of or refer to Material things; or
U.P. LAW BOC CRIMINAL LAW I
b. Be Actually Delivered; it being sufficient
that the offer made by the principal by
inducement was accepted by the principal
by direct participation before the
commission of the offense. [REGALADO,
pp. 100-101]
When this circumstance is present, it affects
not only the person who received the price or
reward, but also the person who gave it.
[REYES, Book 1]
Voluntarily giving such price or reward without
previous promise, as an expression of
appreciation for the sympathy and aid, is not
taken into consideration to increase the
penalty. [U.S. v Flores, G.R. No. 9008 (1914)]
12. COMMITTED BY MEANS OF
INUNDATION, FIRE, POISON,
EXPLOSION, STRANDING OF A [REYES, Book 1]
VESSEL OR INTENTIONAL DAMAGE
THERETO, DERAILMENT OF A Essence of premeditation
LOCOMOTIVE, OR BY THE USE OF ANY
OTHER ARTIFICE INVOLVING GREAT
WASTE AND RUIN
Kind: Generic Aggravating Circumstance
Requisites: [IFPESIDO]
Crime was committed by means of:
a. Inundation
b. Fire
c. Poison
d. Explosion
e. Stranding of a vessel
f. Intentional damage to a vessel
g. Derailment of a locomotive
h. Any Other artifice involving great waste
and ruin
Use of Fire as to Arson and Murder
a. If intent is to kill – crime is murder and fire
is considered as a qualifying circumstance,
even if the house is burned in the process.
[Art. 248, RPC]
b. If the intent is to destroy property - crime
is arson even if someone dies as
consequence. [People v. Paterno, et al.,
G.R. No. L-2665 (1950)]
Page 53 of 286
CRIMINAL LAW
13. EVIDENT PREMEDITATION
Kind: Generic Aggravating Circumstance
Requisites [TAL]
The prosecution must prove:
a. The Time when the offender determined to
commit the crime;
b. An Act manifestly indicating that the culprit
has clung to his determination; and
c. Sufficient Lapse of time between the
determination and execution, to allow him
to reflect upon the consequences of his act
and to allow his conscience to overcome
the resolution of his will. [People v.
Raquipo, G.R. No. 90766 (1990), cited in
REYES, Book 1, p. 403]
Evident premeditation implies a deliberate
planning of the act before executing it.
a. An opportunity to coolly and serenely think
and deliberate
i. On the meaning; and
ii. Consequences of what he planned to
do.
b. An interval long enough for his conscience
and better judgment to overcome his evil
desire and scheme. [People v. Durante,
G.R. No. L-31101 (1929)]
NOTES:
● Premeditation must be based upon
external facts, and must be evident, not
merely suspected indicating deliberate
planning. [People v. Mariano, G.R. No.
134847 (2000)]
● The date and time when the offender
determined to commit the crime is
essential, because the lapse of time for the
purpose of the third requisite is computed
from that date and time. [Rabor v. People,
G.R. No. 140344 (2000)]
● Conspiracy presupposes premeditation
[U.S. v. Cornejo, G.R. No. 9773 (1914),
cited in REYES, Book 1, p.411] Exception:
When conspiracy is merely implied.
U.P. LAW BOC CRIMINAL LAW I
[People v. Upao Moro, G.R. No. L-6771
(1957), cited in REYES, Book 1]
● It is not necessary that the accused
premeditated the killing of a particular
individual. If the offender premeditated on
the killing of any person (general attack), it
is proper to consider as an aggravating
circumstance because whoever was killed
was contemplated in the premeditation.
[US v. Manalinde, G.R. No. L-5292 (1909)]
Not Considered as Aggravating
Circumstance:
a. Anger or Grudge - The mere existence of
ill-feeling or grudge between the parties is
not sufficient to establish premeditated
killing. There must be an outward act
showing or manifesting criminal intent.
[People v. Bernal, G.R. No. 113685 (2002)]
b. Crimes Where Premeditation
Inherent:
i. Preconceived act – where the accused
would execute the preconceived act
only after having thought out the
method by which he intends to
accomplish it (e.g. arson, theft, estafa,
etc.) [People v. Cu, G.R. No. L-13413
(1977)]
ii. Robbery; except in robbery with
homicide if the premeditation includes
the killing of the victim [People v.
Valeriano, G.R. No. L-2159 (1951)]
iii. Treason [People v. Racaza, G.R. No.
L-365 (1942)]
c. Error in personae – Premeditation is not
aggravating when there is mistake of
identity as the victim is not the object of
premeditation. [People v. Dueño, G.R. No.
L-31102 (1979)]
d. Aberratio ictus – When the victim is
different from that intended, premeditation
is not aggravating [People v. Hilario, et al.,
G.R. No. 128083 (2001)]
14. CRAFT, FRAUD OR DISGUISE WAS
EMPLOYED
Kind: Generic Aggravating Circumstance
Page 54 of 286
CRIMINAL LAW
Crime was committed by means of:
a. Craft - It is chicanery resorted to by the
accused to aid in the execution of his
criminal design. [People v. Zea, G.R. No. L-
23109 (1984)]
b. Fraud - When there is a direct inducement
by insidious words or machinations, fraud
is present. [People v. Labuguen, G.R. No.
127849 (2000)]
c. Disguise - Resorting to any device to
conceal identity. [REYES, Book 1]
TEST: Whether the device or contrivance
was intended to or did make identification
more difficult, such as the use of a mask,
false hair or beard. [People v. Reyes, G.R.
No. 118649 (1998)]
If Disguise was Ineffective
When in spite of the use of disguise, the
is culprits were recognized by the victim,
disguise is not considered as an
aggravating circumstance. [People v.
Sonsona, G.R. No. L-8966 (1956)]
Craft v. Fraud v. Disguise
Craft Fraud Disguise
As to Purpose
Done in Done to induce Done to
order to not someone conceal
arouse through identity
suspicion insidious words
and
machinations
Craft and Fraud absorbed in Treachery
Craft and fraud may be absorbed in treachery
if they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy. Otherwise, they may co-exist
independently where they are adopted for a
different purpose in the commission of the
crime. [People v. Lab-eo, supra.]
Not Considered as an Aggravating
Circumstance
a. Qualified theft [Art. 310, RPC] – Craft is an
element of qualified theft [People v.
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Tiongson, C.A., 59 O.G. 4521, cited in The means used must not totally eliminate
REYES, Book 1] possible defense of the victim, otherwise it will
b. Crimes where Fraud is inherent: fall under treachery.
i. Preventing the meeting of Congress
and similar bodies [Art. 143, RPC] Not Considered as an Aggravating
ii. Violation of parliamentary immunity Circumstance:
[Art. 145, RPC] a. When one who attacks is overcome with
iii. Crimes against public interest under passion and obfuscation [REYES, Book 1]
Chapter Three b. When quarrel arose unexpectedly [U.S. v.
iv. Crimes committed by public officers Badines, G.R. No. 1951 (1905)]
under Chapter Three c. When treachery is present, superior
v. Execution of deeds by means of strength is absorbed. [People v. Mobe,
violence or intimidation [Art. 298, RPC] G.R. No. L-1292 (1948)]
vi. Crimes against property under d. Crimes where Abuse of Superior
Chapters 5 and 6 Strength is Inherent:
vii. Marriage contracted against the i. Parricide [People v. Galapia, G.R. Nos.
provisions of the law [Art. 350, RPC] L-39303-05 (1978)]
viii. Rape through fraudulent machination ii. Rape [People v. de Leon, G.R. No.
[Art. 266-A (1)(c), RPC] 128436 (1999)]

15. (a) TAKING ADVANTAGE OF SUPERIOR By a Band v. Abuse of Superior Strength

STRENGTH; OR (b) MEANS WAS By a band Abuse of superior
EMPLOYED TO WEAKEN THE strength
DEFENSE
Kind: Specific Aggravating Circumstance When the offense is The gravamen of
Specific to crimes against persons and committed by more abuse of superiority
sometimes against person and property than 3 armed is the taking
(e.g., robbery with rape committed by malefactors advantage by the
multiple persons or homicide committed by regardless of the culprits of their
multiple persons) [REYES, Book 1] comparative collective strength to
strength of the overpower their
A. Advantage of Superior Strength victim. weaker victims.
Requisites: [NIP]
a. There is a Notorious Inequality of
forces between victim and aggressor. B. Means Employed to Weaken defense
[People v. Barcelon, G.R. No. 144308 The offender employs means that materially
(2002)] weakens the resisting power of the offended
b. Offender Purposely used excessive party. [People v. Ducusin, G.R. No. 30724
force out of proportion to the means of (1929)]
defense available to the persons
attacked. [People v. Sansaet, G.R. No. Where one, struggling with another, suddenly
139330 (2002)] throws a cloak over the head of his opponent,
and, while in this situation, wounds or kills him
Considerations in Determining Abuse of employs means to weaken the defense. [U.S.
Superior Strength v. Devela, G.R. No. 1542 (1904)]
a. Age;
b. Size; and This aggravating circumstance is appreciated
c. Strength of the parties [People v. where the accused intentionally intoxicated the
Cabato, G.R. No. L-37400 (1988)] victim. [People v. Ducusin, supra]

Page 55 of 286
U.P. LAW BOC CRIMINAL LAW I
16. TREACHERY (ALEVOSIA)
Kind: Specific Aggravating Circumstance;
Specific to crimes against persons
Requisites: [CAN]
a. Offender Consciously Adopts particular
means, methods, or forms tending directly
and specially to ensure the execution of the
crime.
b. The employment of such means gave the
offended party No opportunity to defend
himself or retaliate. [Art. 14, par. 16, RPC,
cited in REYES, Book 1]
The essence of treachery is that by virtue of the
means, method or form employed by the
offender, the offended party was not able to put
up any defense. [People v. Tiozon, G.R. No.
89823 (1991)]
Appreciation of Treachery Does Not
Depend on the Results
The treacherous character of the means
employed in the aggression does not depend
upon the result thereof but upon the means
itself. Thus, frustrated murder could be
aggravated by treachery. [People v. Parana,
G.R. No. 45373 (1937)]
Sudden Attack
The mode of attack must be consciously
adopted. The accused must make some
preparation to kill the deceased in such manner
as to insure the execution of the crime or to
make it impossible or hard for the person
attacked to defend himself or retaliate. [People
v. Tumaob, G.R. Mo. 125690 (1998)]
Treachery may still be appreciated even when
the victim was forewarned of danger to his
person. What is decisive is that the execution
of the attack made it impossible for the victim
to defend himself or to retaliate. [People v.
Malejana, G.R. No. 145002 (2006)]
Hence, a sudden attack by the assailant,
whether frontally or from behind, is treachery if
he deliberately adopted such mode of attack
with the purpose of depriving the victim of a
Page 56 of 286
CRIMINAL LAW
chance to either fight or retreat. [People v. Lab-
eo, supra.]
Example of Frontal Attack: There is
treachery when the victim is shot, albeit
frontally, with his hands raised to show that he
would not fight, or because of fright, or to try to
ward off the shots that were to come. [People
v. Dulos, G.R. No. 107328 (1994)]
Continuous and Non-continuous
Aggression
a. When aggression is continuous -
treachery must be present in the beginning
of the assault. [U.S. v. Balagtas, G.R. No.
6432 (1911)]
b. When aggression was not continuous -
in that there was an interruption, it is
sufficient that treachery was present at the
moment the fatal blow was given. [U.S. v.
Baluyot, G.R. No. 14476 (1919)]
Degree of Proof
Treachery cannot be presumed. The
suddenness of the attack does not, of itself,
suffice to support a finding of alevosia, so long
as the decision was made all of a sudden and
the victim’s helpless position was accidental.
[People v. Lubreo, G.R. No. 74146 (1991)].
Conspiracy
When there is conspiracy in the commission of
a crime, treachery can be appreciated against
all conspirators. [People v. Ong, G.R. No. L-
34497 (1975)]
No Aggravating Circumstance:
a. When the offended party was able to put up
a defense [People v. Butler, G.R. No. L-
50276 (1983)]
b. When victim’s helpless position was
accidental [People v. Cadag, G.R. No. L-
13830 (1961)]
c. When there was no other witness to the
offense or when such witness could not
provide full details of the attack. [People v.
Tiozon, G.R. No. 89823 (1991)]
d. Crimes where treachery is inherent:
i. Murder by poisoning [People v. Caliso,
G.R. No. L-37271 (1933)]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

ii. Treason [People v. Racaza, supra]
Treachery Absorbs the Following
Aggravating Circumstances: [CANAMBES]
a. Craft [People v. Malig, G.R. No. L-2083
(1949), cited in REYES, Book 1, p.466]
b. Abuse of superior strength [People v.
Siaotong, G.R. No. L-9242 (1957), cited in
REYES, Book 1, p.464]
c. Nighttime [People v. Corpuz & Serquiña,
G.R. No. L-12718 (1960), cited in REYES,
Book 1, p.464]
d. Aid of Armed men [People v. Siaotong,
supra]
e. Band [People v. Ampo-an, G.R. No. 75366
(1990), cited in REYES, Book 1, p.464]
f. Employing means to weaken the defense
[People v. Siaotong, supra]
g. Disregard of Sex [People v. Clementer,
G.R. No. L-33490 (1974)]
e. Less serious physical injuries [Art. 265,
RPC]
f. Rape
Ignominy
It is a circumstance pertaining to the moral
order, which adds disgrace to the material
injury caused by the crime. [People v. Acaya,
G.R. No. L-72998 (1988), cited in REYES,
Book One]
When Appreciated
Ignominy is appreciated when the offense is
committed in a manner that tends to make its
effect more humiliating, adding to the victim’s
moral suffering. Thus, where the victim was
already dead when his body or a part thereof
was dismembered, ignominy cannot be taken
against the accused. [People v. Cachola, G.R.
No. 135047 (2004)]

Treachery v. Evident Premeditation Examples:

a. Raping a woman from behind. It is
Treachery Evident
something which offends the morals of the
premeditation
offended woman because this is how
As to essence animals do it. [People v. Siao, G.R. No.
126021 (2000)]
Swiftness and Cool thought and b. Examining a woman’s genitals before
unexpectedness of reflection raping her in the presence of her old father
the attack upon the were deliberately done to humiliate her,
unsuspecting and thereby aggravating and compounding her
unarmed victim who moral sufferings. [People v. Bumidang,
does not give the G.R. No. 130630 (2000)]
slightest provocation
18. UNLAWFUL ENTRY
[People v. Rebamontan, G.R. No. 125318
(1999)] Kind: Generic Aggravating Circumstance
17. IGNOMINY Unlawful Entry
There is unlawful entry when an entrance is
Kind: Specific Aggravating Circumstance; effected by a way not intended for that purpose.
Specific to the following [C MaRia CLaRa] [REYES, Book 1]
a. Coercion (light or grave) [People v.
Cantong, C.A., 50 O.G. 5899, cited in There is no unlawful entry when the door was
REYES, Book 1] already broken and thereafter the accused
b. Murder [U.S. v de Leon, G.R. No. 522 made an entry through the broken door. The
(1902)] breaking of the door is covered by paragraph
c. Wanton Robbery for personal gain [People 19. [REYES, Book 1, p. 472]
v. Racaza, supra]
d. Crimes against Chastity

Page 57 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Inherent in the Following Crimes: is or is reasonably believed to be; [Rule

a. Trespass to dwelling under Art. 280
[REYES, Book 1]
b. Robbery with force upon things under Art.
299(a) and Art. 302 [REYES, Book 1]
Effect if Dwelling and Unlawful Entry are
Both Present
Dwelling and unlawful entry are taken
separately in murders committed in a dwelling.
[People v. Barruga, G.R. No. 42744 (1935)]
19. AS A MEANS TO THE COMMISSION OF
THE CRIME, A WALL, ROOF, FLOOR,
DOOR, OR WINDOW BE BROKEN
113, Sec. 11, Revised Rules of Criminal
Procedure]
b. To effect search in the place of directed
search [Rule 126, Sec. 7, Revised Rules of
Criminal Procedure]
c. To liberate himself or any person lawfully
aiding him when unlawfully detained in the
place of directed search. [Rule 126, Sec. 7,
Revised Rules of Criminal Procedure]
For Entrance, Not Escape/Exit
This circumstance is aggravating only when
the offender resorted to any means in order to
enter the place. [REYES, Book 1]

Kind: Generic Aggravating Circumstance No Aggravating Circumstance:

Inherent in Robbery with force upon things
Requisites: [WaRFDWiE] under Art. 299(a) and Art. 302
a. Any of the following be broken:
i. Wall 20. CRIME WAS COMMITTED (a) WITH THE
ii. Roof AID OF PERSONS UNDER FIFTEEN
iii. Floor YEARS OF AGE OR (b) BY MEANS OF
iv. Door MOTOR VEHICLES, MOTORIZED
v. Window WATERCRAFT, AIRSHIPS, OR OTHER
b. Breaking was used as a means to effect SIMILAR MEANS
Entrance and not merely for escape.
Kind: Generic Aggravating Circumstance
Unlawful Entry v. Breaking
A. With the Aid of Persons Under 15 Years
Unlawful Entry Breaking of
Old
[Art. 14 (18)] Wall, Roof, etc.
Rationale: To repress the frequent practice
[Art. 14 (19)]
resorted to by professional criminals of availing
Actual Breaking of the Entrance themselves of minors taking advantage of their
lack of criminal responsibility (since minors are
No Yes given leniency when they commit a crime)
[[REYES, Book 1]
Entrance Actually Happened
B. By Means of a Motor Vehicle
Yes No Requisites: [MS-MC(GoCaF)]
a. That any of the following was used:
Used As Means of Committing the Crime
i. Motorized vehicles; or,
No Yes ii. Other efficient means of transportation
Similar to automobile or airplane.
b. That the same was used as Means of
When Breaking of Door or Window is Lawful Committing the crime, such as by using the
When an officer, after giving notice of his same to:
purpose and authority, is refused admittance: i. Go to the place of the crime
a. To make an arrest in any building or ii. Carry away the effects thereof; and
enclosure where the person to be arrested

Page 58 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

iii. Facilitate their escape [People v. It pertains to the Refers to the physical
Espejo, G.R. No. L-27708 (1970)] moral order, whether suffering of the victim
or not the victim is so victim has to be
NOTE: If motor vehicles are used only in the dead or alive alive
escape of the offender, it is not aggravating.
[REYES, Book 1]
C. SPECIAL AGGRAVATING AND
Rationale: To counteract the great facilities QUALIFYING CIRCUMSTANCES
found by modern criminals in said means to
commit crime and flee and abscond once the OTHER SPECIAL AGGRAVATING AND
same is committed [REYES, Book 1] QUALIFYING CIRCUMSTANCES [SELDA]
a. Organized or Syndicated crime group
21. CRUELTY b. Use of Explosives
Kind: Specific Aggravating Circumstance; c. Use of Loose firearms
Specific to crimes against persons d. Use of Dangerous drugs
e. Arson under P.D. 1613
Requisites [DIUE]
a. That the injury caused be Deliberately a. Organized or Syndicated Crime Group
Increased by causing the other wrong
b. The other wrong was Unnecessary for the Organized/syndicated crime group
Execution of the purpose of the offender A group of two or more persons collaborating,
confederating, or mutually helping one another
For cruelty to exist, there must be proof for purposes of gain committing any crime. [Art.
showing that the accused delighted in making 62, RPC as amended by R.A. 7659]
their victim suffer slowly and gradually, causing
him unnecessary physical and moral pain in Effect
the consummation of the criminal act. [People When a crime is committed by an
v. Catian, G.R. No. 139693 (2002)] organized/syndicated group, and the purpose
of such crime was to gain, the maximum
Outraging the Corpse penalty shall be imposed. [Art. 62, RPC as
If the victim was already dead when the acts of amended by R.A. 7659]
mutilation were being performed, this would
also qualify the killing to murder due to Crimes where Purpose is to Gain: [TERI]
outraging of his corpse [Art. 248, par. 6, RPC]. 1. Theft
2. Estafa
There must be proof that the wounds inflicted 3. Robbery
on the victim were done while he was still alive 4. Illegal recruitment
in order to be considered cruelty [People v.
Pacris, G.R. No. 69986 (1991)]. b. Use of Explosives
The Decree Codifying the Laws on Illegal/
Ignominy Cruelty
Unlawful Possession, Manufacture, Dealing in,
As to Type of Suffering Acquisition or Disposition, of Firearms,
Ammunition or Explosives [P.D. 1866, as
Shocks the moral Physical amended by R.A. 8294] provides that the use
conscience of man of explosives or incendiary devices in the
commission of a crime, resulting to death of a
As to Whether Victim has to be Alive person, shall be considered an aggravating
circumstance.

Page 59 of 286
U.P. LAW BOC CRIMINAL LAW I
Requisites [RS-HaREID]
1. Offender commits a crime in the RPC or in
a Special law;
2. In its commission, the offender uses any of
the following:
a. Hand grenade/s
b. Rifle grenade/s
c. Other Explosives such as pillbox,
Molotov cocktail bombs, and fire
bombs
d. Other Incendiary devices capable of
producing destructive effect on
contiguous objects or causing injury or
death to any person
3. Results in the Death of a person [Sec. 3,
P.D. 1866, as amended by R.A. 8294]
c. Use of “loose firearms”
Special Aggravating Circumstance
RA 10591 or the Comprehensive Firearms and
Ammunition Regulation Act (2013) expressly
repealed Sec. 1 of P.D. 1866 as amended:
Loose firearms: [UPI SOLAR]
Pertains to firearms that are
1. Unregistered;
2. Possessed by non-licensee;
3. Illegally manufactured
4. Stolen;
5. Obliterated;
6. Lost;
7. Altered; or
8. With Revoked license [Sec. 3(v), R.A.
10591]
Rules:
● To be considered as an aggravating
circumstance – if the use of a loose
firearm is inherent in the commission of a
crime punishable under the RPC or other
special laws [Sec. 29, R.A. 10883]
If the crime committed is penalized with a
maximum penalty lower than that
prescribed for illegal possession of
firearm - penalty for illegal possession of
firearm shall instead be imposed.
If the crime committed is penalized by the
law with a maximum penalty equal to that
Page 60 of 286
CRIMINAL LAW
imposed for illegal possession of
firearms - penalty of prision mayor in its
minimum period shall be imposed in
addition to the penalty for the crime
committed.
● To be absorbed as an element of the
crime - if the violation is in furtherance of,
or incident to, or in connection with the
crime of rebellion, insurrection, or
attempted coup d’ etat, such violation shall
be absorbed as an element of the said
crimes [Sec. 29 (2), R.A. 10591]
● To be considered as a separate and
distinct offense - If the crime is committed
by the person without using the loose
firearm, the violation of this Act shall be
considered as a distinct and separate
offense. [Sec. 29 (3), R.A. 10591]
Special Aggravating Circumstance
RA 8294 does not specify whether or not the
use of an unlicensed firearm in murder or
homicide is generic or special aggravating. It
merely states that the use of the unlicensed
firearm is appreciated as “aggravating.”
In Palaganas v. People [G.R. No. 165483
(2006)], the Court interpreted this as making
the use of unlicensed firearm in murder or
homicide as special aggravating. Applying the
logic of Palaganas by analogy, Section 29 in
RA 10591 should be interpreted as assigning
the use of loose firearms as special
aggravating as well.
d. Use of Dangerous Drugs
Qualifying Aggravating Circumstance
A positive finding for the use of dangerous
drugs is a qualifying aggravating circumstance
and the application of the penalty provided for
in the RPC shall be applicable [Sec. 25, R.A.
9165]
e. Arson under PD 1613
Special Aggravating Circumstance
The following are considered special
aggravating circumstances when the crime of
U.P. LAW BOC CRIMINAL LAW I
Arson is committed; that the crime was
committed: [BaHaGS]
1. For the Benefit of another
2. Because of Hatred towards owner/occupant
3. With Intent to Gain
4. By a Syndicate
Syndicate
Offense is committed by a syndicate if it is
planned or carried out by a group of three (3)
or more persons. [Sec. 4, P.D. 1613]
Under art. 62 of RPC, a syndicate needs at
least TWO persons. Under P.D. 1613, a
syndicate needs at least THREE persons.
e. Alternative Circumstances [Art. 15]
Alternative Circumstances
These are circumstances which may be taken
in consideration, as aggravating or mitigating
according to the nature and effects of the crime
and other conditions attending its commission.
[REYES, Book 1]
TYPES UNDER ART. 15. [RIE]
1. Relationship
2. Intoxication
3. Degree of Education/instruction
1. RELATIONSHIP
The alternative circumstance of relationship
shall be taken into consideration when the
offended party is the: [SAD SiRA]
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or
sister (Siblings)
e. Relative by Affinity in the same degree of
the offender [People v. Marco, G.R. No.
132392 (2001)]
Relatives by Affinity
Includes in-laws, stepfather, or stepmother,
stepchild and the like. It is the duty of the
stepparents to bestow upon their stepchildren
a mother’s or father’s affection, care and
Page 61 of 286
CRIMINAL LAW
protection [People v. Bersabal, G.R. No. 24532
(1925)]
Other relatives included
The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
analogy as similar to that of ascendant and
descendant. [People v. Bersabal, G.R. No.
24532 (1925); People v. Portento, C.A., 38
O.G. 46, cited in REYES, Book 1]
Relationship as Exempting Circumstance:
1. When the accessory is related to the
principal.
General Rule: This includes spouses,
ascendants, descendants, legitimate,
natural, and adopted brothers and sisters,
or relatives by affinity within the same
degrees, with the single exception of
accessories falling within the provisions of
paragraph 1 of the next preceding article.
[Art. 20, RPC]
Exception: When said relatives profited
themselves or assisted the offender to profit
by the effects of the crime. [Art. 19 (1), RPC]
2. Death under exceptional circumstances.
A legally married person who having
surprised his spouse in the act of
committing sexual intercourse with another
person who shall inflict upon them physical
injuries of any other kind (i.e. less serious
and slight physical injuries). [Art. 247, RPC]
3. Select Crimes Against Property. For
crimes of theft, swindling (estafa), and
malicious mischief there is no criminal
liability if they be caused by the following
persons [SADRAS-WS-BS]:
a. Spouses, Ascendants and
Descendants, or Relatives by Affinity in
the Same line.
b. The Widowed Spouse with respect to
the property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. Brothers and Sisters and brothers-in- Relationship Not Appreciated:

law and sisters-in-law, if living together.
[Art. 322, RPC]
Relationship as Mitigating Circumstance:
1. In crimes against property [RUFA]
a. Robbery [Arts. 294-302, RPC]
b. Usurpation [Art. 312, RPC]
c. Fraudulent insolvency [Art. 314, RPC]
d. Arson [Arts. 321-322, 325-326, RPC].
2. When the crime is less serious or slight
physical injuries – if the offended party is
a relative of a lower degree than the
offender. [Art. 263, RPC; REYES, Book 1]
3. In trespass to dwelling - Where a son-in-
law, believing his wife to be in her father's
house, attempted to force an entry therein,
the relationship is to be considered in
mitigation. [U.S. vs. Ostrea, 2 Phil. 93, 95
(1903)]
1. When relationship is an element of the
offense: [PAC]
a. Parricide
b. Adultery
c. Concubinage [REYES, Book 1]
2. For Persons Attached by Common-Law
Relations. The law cannot be stretched to
include such relations because there is no
blood relationship or legal bond that links
the parties. [People v Atop, G.R. Nos.
124303-05 (1998)]
3. For Relationships by Affinity.
Relationships by affinity should not be
deemed to aggravate the crime in the
absence of evidence to show that the
offended party is of a higher degree in the
relationship than that of the offender.
[People vs. Canitan, G.R. No. L-16498
(1963)]

Relationship as Aggravating Circumstance: 2. INTOXICATION

Crimes Against Crimes Against
Person Chastity
General Rule: Relationship is always
Higher degree; or aggravating [People v.
Relatives of the Orilla, G.R. Nos.
same level [People 148949-40 (2004)]
v. Alisub, 69 Phil.
362 (1969) Rationale: Because
of the nature and
Exception: effect of the crime
Always aggravating committed. It is not
in the following: shocking to our moral
1. Serious Physical sense when we hear a
Injuries [Reyes, father committed, for
Book 1] instance, the crime of
2. Homicide or slight physical injury
Murder [REYES, against his daughter;
Book 1] but it certainly is very
3. Rape [People v. shocking when we
Delen, G.R. No. hear that a father
194446 (2014)] committed acts of
lasciviousness on the
person of his own
daughter. [REYES,
Book 1]
Requisites to be Considered as Mitigating
Circumstance: [DSC-NHD-NWIR]
a. Act was done due to alcoholic intake of the
offender, he suffers from Diminished Self-
Control.
b. Offender is Not a Habitual Drinker.
c. Offender did Not take the alcoholic drink
With the Intention to Reinforce his resolve
to commit crime. [Reyes, Book 1]
When Aggravating Circumstance
a. If intoxication is habitual; or
b. If it is intentional to embolden offender to
commit crime [REYES, Book 1]
Meaning of Habitual Drunkard
A habitual drunkard is one given to intoxication
by excessive use of intoxicating drinks. The
habit should be actual and confirmed. It is
unnecessary that it be a matter of daily
occurrence. [People v. Camano, G.R. Nos. L-
36662-6 (1982)]

Page 62 of 286
U.P. LAW BOC CRIMINAL LAW I
Accused’s State of Intoxication Must be
Proved
The defendant testified that before the murder,
he took a bottle of wine and drank little by little
until he got drunk. The policeman who arrested
the accused testified that the latter smelled of
wine and vomited. The Court held that the
evidence presented was not satisfactory to
warrant a mitigation of the penalty. [People v.
Noble, supra]
The person pleading intoxication must prove
that he took such quantity of alcoholic
beverage, prior to the commission of the crime,
as would blur his reason. [People v. Bernal,
G.R. No. 132791 (2002)]
3. DEGREE OF EDUCATION OR
INSTRUCTION
Low Degree of Education
Refers to the lack of sufficient intelligence of
and knowledge of the full significance of one’s
act. [REYES, Book 1]
Requisite: To be considered mitigating,
degree of instruction must have some
reasonable connection to the offense. [REYES,
Book 1]
General Rule: Low degree of education is a
mitigating circumstance. [U.S. v. Reguera,
G.R. No. L-16639 (1921)]
Exceptions [PT-RCM]:
a. Crimes against Property (e.g., estafa, theft,
and robbery) [U.S. v. Pascual, G.R. No.
3777 (1908)]
b. Crimes against Chastity [Malesa v.
Director, cited in REYES, Book 1]
c. Treason [People v. Lansanas, G.R. No. L-
1622 (1948), cited in REYES, Book 1]
d. Rape [REYES, Book 1]
e. Murder or homicide; to kill is forbidden by
natural law which every rational being is
endowed to know and feel [People v.
Laspardas, G.R. No. L-46146 (1979)]
Page 63 of 286
CRIMINAL LAW
High degree of education
May be appreciated as aggravating when the
offender availed himself or took advantage of it
in committing the crime. [REYES, Book 1]
f. Absolutory Causes
Absolutory Causes
Those where the act committed is a crime but
for reasons of public policy and sentiment there
is no penalty imposed. [People v. Talisic, G.R.
No. 97961 (1997)]
Types of Absolutory Causes [IPON]:
1. Instigation
2. Pardon by the offended party
3. Other absolutory causes
4. Acts Not covered by law and in case of
excessive punishment. [Art. 5, RPC]
1. INSTIGATION
Instigation
It is the means by which the accused is lured
into the commission of the offense charged in
order to prosecute him. [People v. Bartolome,
G.R. No 191726 (2013)]
The involvement of a law officer in the crime
itself in the following manner:
a. He induces a person to commit a crime for
personal gain.
b. He doesn’t take the necessary steps to
seize the instrument of the crime & to arrest
the offenders before he obtained the profits
in mind.
c. He obtained the profits in mind, even though
afterwards does take the necessary steps to
seize the instrument of the crime and to
arrest the offenders.
Basis of Exemption from Criminal Liability
A sound public policy requires that the courts
shall condemn the practice by directing the
acquittal of the accused. [REYES, Book 1]
Instigation must be made by public officers
or private detectives
A criminal act may not be punishable if the
accused was induced to commit it by active
cooperation and instigation on the part of public
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

detectives [State v. Hayes, 105 Mo. 76,16 S.W. A person has A public officer or a
514, 24 Am. St. Rep. 360, cited in REYES, planned or is about private detective
Book 1, p. 247] to commit a crime induces an innocent
and ways and person to commit a
Entrapment is Different from Instigation means are resorted crime and would
Entrapment to by a public officer
arrest him upon or
Trapping persons into crime for the purpose of to trap and catch theafter the
instituting criminal prosecutions. It is a scheme criminal. commission of the
or technique ensuring the apprehension of the crime by the latter.
criminals by being in the actual crime scene. As to Conviction or Acquittal
[People v. Lua Chu and Uy Se Tieng, 56 Phil. Not a bar to the The accused must
44 (1931)] prosecution and be acquitted
conviction of the because the
In entrapment, a person has planned or is lawbreaker. offender simply acts
about to commit a crime and ways and means as a tool of the law
are resorted to by a public officer to trap and enforcers
catch the criminal. Entrapment is not a
defense. [REYES, Book 1] 2. PARDON BY OFFENDED PARTY

The law officers shall not be guilty to the crime Crimes of adultery and concubinage shall not
if they have done the following: be prosecuted except upon a complaint filed by
a. He does not induce a person to commit a the offended spouse. The offended party
crime for personal gain or is not involved in cannot institute criminal prosecution without
the planning of the crime. including both the guilty parties, if they are both
b. Does take the necessary steps to seize the alive, nor, in any case, if he shall have
instrument of the crime and to arrest the consented or pardoned the offenders. [Art.
offenders before he obtained the profits in 344, RPC]
mind.
See: Art. 344 for detailed discussion.
Entrapment v. Instigation
Entrapment Instigation 3. OTHER ABSOLUTORY CAUSES
As to Nature
Ways and means The instigator [DALS-PARTS]
are resorted to for practically induces a. Death under exceptional circumstances
the purpose of the would-be [Art. 247, RPC]
trapping and accused into the b. Accessories in light felonies [Art. 16, RPC]
capturing the commission of the c. Light felonies not consummated [Art. 16,
lawbreaker in the offense and himself RPC]
execution of his becomes a co- d. Spontaneous desistance [Art. 6, RPC]
criminal plan principal. e. Prescription of crimes [Art. 89, RPC]
As to Origin of the Crime f. Accessories exempt under Art. 20 [Art. 20,
The means originate The law enforcer RPC]
from the mind of the conceives the g. Exemptions from criminal liability for cases
criminal. commission of the of theft, swindling and malicious mischief,
crime and suggests by virtue of his Relationship to the offended
to the accused who party. [Art. 332, RPC]
carries it into h. Trespass to dwelling to prevent serious
execution. harm to self [Art. 280, RPC]
As to Means

Page 64 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

i. Discovering secrets through Seizure of Rationale: Only natural persons can act
correspondence of the ward by their with personal malice or negligence.
guardian [Art. 219, RPC] Moreover, penalties such as substitution of
deprivation of liberty (subsidiary
3. Persons Liable and Degree of imprisonment) for pecuniary penalties in
case of insolvency, or destierro can only be
Participation executed against individuals.

a. Principals, Accomplices, and Exception: Special laws where

Accessories
Persons Criminally Liable [Art. 16, RPC]
When more than one person participated in the
commission of the felony, the law looks into
their participation. The RPC classifies them as:
1. Principal
2. Accomplice
3. Accessory
This classification is true only under the RPC
and not under special laws, because the
penalties under the latter are never graduated.
If the crime is punishable under special laws,
the more appropriate term would be
“offender/s, culprit/s, accused”.
corporations are expressly penalized for
their violations (e.g. Corporation Law,
Public Service Law, Securities Law,
Election Code, etc.).
Officers of Corporation are Liable
General Rule: Only officers of
corporations acting in their official duties
can be punishable. The offending officers
answer criminally for their acts and not the
corporation. [REYES, Book 1]
2. Passive Subject – the injured party.
1. PRINCIPALS

Grave and Less Grave Felonies v. Light Art. 17. Principals – The following are
Felonies [Art. 16, RPC] considered principals:
1. Those who take a direct part in the
Grave and Light Felonies execution of the act;
Less Grave 2. Those who directly force or induce others
Felonies to commit it;
3. Those who cooperate in the commission
All participants Only principal and of the offense by another act without
(principal, accomplice are which it would not have been
accomplice, liable.
accomplished.
accessory) are
criminally liable.

Parties to a Crime
1. Active Subject – the offender (e.g.,
principal, accomplice, accessory)

General Rule: Only natural persons can

be the active subjects of a crime due to the
highly personal nature of criminal
responsibility. Juridical persons cannot be
active subjects.

Page 65 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites to be Considered as Principal a. Principal by Direct Participation [RPC,

Principal by Principal by Principal by Art. 17(1)]
Direct Inducement Indispensable
Participatio [IDC] Cooperation Those that actually perform acts necessary in
n [PCP] [PAC-CI] the commission of the offense. [REYES, Book
1. Offender 1.Inducement 1. Offender 1]
Participate was made Participated
d in the with the in the Requisites: [PCP]
criminal Intention of criminal 1. Offender Participated in the criminal
resolution; procuring resolution resolution; and
and the such that 2. Offender Carried out their plan and
commissio there is Personally took part in its execution by acts
n of the Anterior which directly tended to the same end
crime Conspiracy [People v. Ong Chiat Lay, supra]
or unity of
criminal
Presence During Commission of Crime
purpose
General Rule: Principals by direct participation
and
must be at the scene of the commission of the
intention
before the crime, personally taking part. [REYES, Book 1]
commission
of the Exception: When there is a conspiracy and
crime. the principal by direct participation has already
2.Offender 2.Said 2.Cooperation performed his part prior to the commission of
Carried inducement in the the crime. [People v. Santos, G.R. No. 117873
out their is the commission (1997)]
plan and Determinin of the
Personally g Cause of offense by b. Principal by Inducement [RPC, Art.
took part the performing 17(2)]
in its commissio another act
execution n of the which is Those who directly force or induce others to
by acts crime by Indispensab commit the offense. [REYES, Book 1]
which the material le, and
directly executor without Requisites [IDC]
tended to [US v. which it 1. Inducement be made with the Intention of
the same Indanan, would not procuring the commission of the crime
end G.R. No. L- have been
2. Said inducement is the Determining Cause
[People v. 8187 accomplish
of the commission of the crime by the
Ong Chiat (1913)] ed.
material executor [US v. Indanan, G.R. No.
Lay, G.R. [REYES,
No. L- L-8187 (1913)]
Book 1]
39086
(1934)] TWO (2) WAYS OF INDUCEMENT
1. By using irresistible force or causing
uncontrollable fear
a. Irresistible Force - Such physical
force as would produce an effect upon
the individual that despite all his
resistance, it reduces him to a mere
instrument.

Page 66 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Force, fear, duress, or intimidation a. So Direct, efficacious, and

must be present, imminent, impending; powerful to amount to
and of such nature as to induce a well- physical/moral coercion
grounded apprehension of death or b. Uttered Prior to the
serious bodily harm if the act be done commission of the crime
[People v. Anod, G.R. No. 186420 3. Material executor has no personal
(2009]. reason to commit the crime
[REYES, Book 1]
b. Uncontrollable Fear – Such fear that
must be grave, actual, serious and of Principal by Inducement v. Proposal to
such kind that majority of men would Commit a Felony [REYES, Book 1]
succumb to such moral compulsion.
Principal by Proposal to
Inducement Commit a Felony
Mere threat of future injury is not
sufficient. Compulsion must be such As to Purpose
that it reduced the offender to a mere
instrument acting not only without will Inducement to commit a crime
but against his will as well. It must be of
such character to leave the accused no As to liability
opportunity for escape. [Ty v. People,
G.R. No. 149275 (2004)] Liable only when Person to whom
crime is committed proposal is made
2. By giving of price or offering of reward by principal by direct should not commit
or promise or using words of command participation the crime
a. By giving of price or offering of
reward or promise - The one giving As to Crimes Included
the price or offering the reward or
Involves any crime Proposal to be
promise is a principal by inducement
punishable must
while the one committing the crime in
involve only
consideration thereof is a principal by
treason/rebellion
direct participation. There is collective
criminal responsibility.
b. By using words of command - Effect of Acquittal of Principal by Direct
person who used the words of Participation
command is a principal by inducement General Rule: Conspiracy is negated by
while the person who committed the acquittal of co-defendant. One cannot be held
crime because of the words command guilty of having instigated the commission of a
is a principal by direct participation. crime without first being shown that the crime
has been actually committed by another.
[People v. Ong Chiat Lay, supra]

Requisites of Using Words of Exception: When principal actor is acquitted

Command: [II-DPM] because he acted without malice or criminal
1. The one who made the command intent. [People v. Po Giok To, G.R. No. L-7236
must have: (1955)].
a. Intention of procuring the
commission of the crime
b. Ascendancy/Influence over the
person who acted
2. Words used must be:

Page 67 of 286
U.P. LAW BOC CRIMINAL LAW I
c. Principal by Indispensable Cooperation
[RPC, Art. 17(3)]
Those who cooperate in the commission of the
offense by another, without which it would not
have been accomplished. [REYES, Book 1]
Requisites [PAC-CI]:
1. Participation in criminal resolution such
that there is Anterior Conspiracy or unity of
criminal purpose and intention before the
commission of the crime.
2. Cooperation in the commission of the
offense by performing another act which is
Indispensable and without which it would
not have been accomplished. [REYES,
Book 1]
Cooperation
To cooperate is to help, to aid, and
presupposes knowledge of the ultimate
purpose in view. [Samson v. CA, G.R. Nos. L-
10364 & L-10376 (1958)]
2. ACCOMPLICES
Art. 18. Accomplices – Accomplices are the
persons who, not being included in Article
17, cooperate in the execution of the offense
by previous or simultaneous acts.
An accomplice cooperates in the execution of
the offense by previous or simultaneous acts,
provided he has no direct participation in its
execution or does not force or induce others to
commit it, or his cooperation is not
indispensable to its accomplishment. [People
v. Mandolado, supra]
Requisites: [CD-CR]
a. Community of Design: Knowing and
concurring with the criminal design of the
principal by direct participation
b. Cooperation in the execution of the offense
by previous/simultaneous acts with the
intent of supplying material/moral aid; and
c. Relationship between acts of the principal
and those attributed to the accomplice
[REYES, Book 1]
Page 68 of 286
CRIMINAL LAW
Knowledge of Actual Crime Not Required
One can be an accomplice even if he did not
know of the actual crime intended by the
principal, provided he was aware that it was an
illicit act. [People v. Doctolero, G.R. No. 34386
(1991)]
Accomplice does Not Decide the Crime
Accomplices do not decide whether the crime
should be committed; they merely assent to the
plan of the principal by direct participation and
cooperate in its accomplishment. [People v.
Pilola, G.R. No. 121828 (2003)]
Accomplice in Bigamy
A person, whether man or woman, who
knowingly consents or agrees to be married to
another already bound in lawful wedlock is
guilty as an accomplice in the crime of bigamy.
[Santiago v. People, G.R. No. 200233 (2015)]
Liability of Accomplice
The liability of accomplices is less than
principals and they shall be meted with the
penalty next lower in degree (1 degree) than
that prescribed by law. [Arts. 52, 54, & 56,
RPC]
It is also possible for an accomplice to be liable
as such for a different crime than what the
principal committed, such as when he/she
provides transport for someone committing
robbery but does not participate in the killing
committed by the latter. [People v. Doble, G.R.
No. L-30028 (1982)]
Conspirator v. Accomplice
Conspirator Accomplice
As to Criminal Design
They know of and They know and
join in the criminal agree with the
design criminal design
As to When Criminal Intention is Known
From its inception, Only after the
because they principals have
themselves have reached the decision
decided upon such to commit it
course of action
As to Who Decides to Commit the Crime
U.P. LAW BOC CRIMINAL LAW I
Conspirators decide Accomplices merely
that a crime should assent to the plan
be committed and cooperate in its
accomplishment
As to Authorship of the Crime
Conspirators are the Accomplices are
authors of a crime merely instruments
who perform acts
that are useful for,
but not essential to,
the perpetration of
the offense, giving
material/moral aid
without conspiracy
3. ACCESSORIES
Art. 19. Accessories – Accessories are
those who, having knowledge of the
commission of the crime, and without having
participated therein, either as principals or
accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
2. By concealing or destroying the body of
the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in
the escape of the principals of the crime,
provided the accessory acts with abuse
of his public functions or whenever the
author of the crime is guilty of treason,
parricide, murder, or an attempt to take
the life of the Chief Executive, or is
known to be habitually guilty of some
other crime.
PUNISHABLE ACTS OF ACCESSORIES
[PACE]:
1. Profiting themselves or Assisting the
offender to profit by the effects of the crime
Examples:
a. Profiting Themselves - Receiving
stolen property knowing that it had
been stolen [People v. Tanchoco, G.R.
No. L-38 (1946)].
Page 69 of 286
CRIMINAL LAW
NOTE: This must be with the consent
of the principal, otherwise he is a
principal of theft [REYES, Book 1]
b. Assisting the Offender to Profit by
the Effects of the Crime - Knowingly
receiving stolen property and selling it
for the thief’s profit [US v. Galanco,
G.R. No. 4440 (1908)]
An accessory should not be in
conspiracy with the principal [US v. Tan
Tiap Co, G.R. No. 11643 (1916)]
2. Concealing/destroying the body of the
crime to prevent its discovery
Body of the Crime (“corpus delicti”)
Fact of the commission of the crime, not the
physical body of the deceased [Rimorin v.
People, G.R. No. 146481 (2003)]
Examples:
a. Assisting in the burial of a homicide
victim to prevent the discovery of the
crime [US v. Leal, G.R. No. 432 (1902)]
b. Making the victim appear armed to
show the necessity of killing him [US v.
Cuison, G.R. No. L-6840 (1911)]
c. Concealing the effects/instruments of
the crime, such as concealing a gun
[REYES, Book 1]
3. Harboring/concealing/assisting in the
Escape of the principal of the crime
committed by either a public officer or a
private person
Elements under the Two (2) Classes of
Accessories
Public Officer Private Person
[PAHAL] [PH-TPaMAPH]
Offender is a Public Offender is a Private
officer who acts with person
Abuse of his public
functions
Offender Harbors/conceals/assists in the
escape of the principal
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Principal commits Any Crime is either c. Descendant

crime except Light Treason, Parricide, d. Legitimate/natural/adopted Brother or
felonies> Murder, Attempt Sister
against the life of the e. Relative by affinity within the same
President, or degree
principal is known to
be Habitually guilty Rationale: The ties of blood and the
of another crime preservation of the cleanliness of one’s
name, which compels one to conceal crimes
committed by relatives so near as those
Liability of Accessories mentioned in this article. [REYES, Book 1]
Liability is subordinate to the principal because
their participation is subsequent to the Principal v. Accomplice v. Accessory
commission of the crime. [US v. Mendoza, Principal Accomplice Accessory
G.R. No. 7540 (1912)] The penalty to be [Art. 17] [Art. 18] [Art. 19]
imposed for accessories is two (2) degrees As to Acts Committed
lower than that prescribed for the felony [Art. One who: One who One who:
53, 55, & 57 RPC]. 1. Directly cooperated 1. Made a
participate in the profit from
Effect of Acquittal of Principal d in the commission or assisted
General Rule: If the facts alleged are not offense or of the the
proven or do not constitute a crime, the legal 2. Induced or offense offender in
grounds for convicting the accessory do not forced without profiting
exist. [US v. Mendoza, G.R. No. 7540 (1912)] others to being from
commit covered by effects of
Exemption: If the principal was convicted but the crime; Art. 17 the crime;
not held criminally liable for an exempting or or
circumstance (i.e. insanity, minority, etc.) [Art. 3. Committed 2. Concealed
12, RPC], the accessory may still be held acts which or
criminally liable since the crime was still are destroyed
committed. [US v. Villaluz, G.R. No. 10726 indispensa the body
(1915)]. Determination of the liability of the ble to the of the
accessory can proceed independently of that of commissio crime; or
the principal. [Vino v. People, G.R. No. 84163 n of the 3. Harbored,
(1989)] crime concealed
or assisted
Exemptions from Criminal Liability in the
An accomplice is exempted from criminal escape of
liability when: the
1. Crime is a light felony. [Art. 19 (c), RPC]; principal
or As to Imposable Penalty
2. Principal is a relative under the Penalty 1 degree 2 degrees
exemptions in RPC Art. 20, except if said prescribed by lower [Arts. lower [Arts.
accessory has profited or assisted the law 52, 54, & 56, 53, 55, & 57,
principal in profiting from the crime RPC] RPC]
As to When Acts Were Committed
Relatives Included Under Art. 20 [SAD-
During the Before or After the
BSR]
commission after the commission of
a. Spouse
of the offense commission the offense
b. Ascendant

Page 70 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Except: When of the brings about

there is a offense the
conspiracy presumption
and the of fencing.
principal has As to Imposable Penalty
already Higher than Penalty 2 degrees
performed his mere imposed for lower than
part prior to accessory to the that of the
its robbery/theft accomplice principal
commission. [Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to
[People v. 1612] 532] 55, RPC]
Santos, G.R.
No. 117873 Decree Penalizing Obstruction of
(1997)] Apprehension and Prosecution of Criminal
As to Necessity of Cooperation Offenders [P.D. 1829]
Indispensable Not Not Any person who knowingly or willfully
to the indispensable indispensable obstructs, impedes, frustrates or delays the
commission of apprehension of suspects and the investigation
the crime
and prosecution of criminal cases, shall be
punished:
4. SPECIAL LAWS 1. Prision correccional in its maximum period,
or
Anti-Fencing Law v. Anti-Piracy and 2. Fine ranging from PhP 1,000 – 6,000, or
Highway Robbery Law of 1974 v. 3. Both
Accomplice
Anti-Piracy Accessory v. Principal in Obstruction of
Anti- and Justice
Fencing Highway Accessory Law Penalizing
Law Robbery [Art. 19 (1)] Accessory
“Obstruction of
[P.D. 1612] Law [P.D. [Art. 19 (3)]
Justice” [P.D. 1829]
532] As to Acts Punished
As to Punishable Act
Harboring, Knowingly or willfully
Knowingly Knowingly Profiting concealing, or obstructing,
profiting or acquiring or themselves assisting in the impeding, frustrating
assisting the receiving or assisting escape of the or delaying the
principal to property the offender principal of the apprehension of
profit by the taken by to profit by crime suspects and the
effects of a pirates or the effects of investigation and
robbery or brigands or the crime prosecution of
theft in any criminal cases
manner As to Liability of the Offender
benefiting
Offender is merely
therefrom
an accessory to the Offender is liable as
As to Crimes Applicable
crime charged and the principal of P.D.
Robbery Robbery of another person is 1829.
Any Crime
or Theft Theft charged as the
Whether Possession Beings About principal
Presumption of Committing the Crime As to Crimes Applicable
Mere No such No such
possession presumption. presumption.

Page 71 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

If committed by Applies to any crime A. CONSPIRACY AS A FELONY

private person - only Exists when two or more persons come to an
applies to the agreement concerning the commission of a
specified crimes felony and decide to commit it. [Art. 8, RPC].
(e.g., treason,
parricide, murder, Agreement may be oral or written, express or
attempt against the implied.
life of the President,
or principal is Requisites of Conspiracy [ACE]:
habitually guilty of 1. Two or more persons come to an
another crime) Agreement.
2. Agreement pertains to a Commission of a
If committed by felony; and
public officer – 3. Execution of the felony was decided upon.
applies to any
crime, except light NOTE: Mere knowledge, acquiescence to or
felonies agreement to cooperate, is not enough to
constitute one as party to conspiracy, absent
b. Conspiracy and Proposal any active participation in the commission of
the crime. Conspiracy transcends
companionship. [People v. Patano, G.R. No.
Art. 8. Conspiracy and proposal to 129306, (2003)]
commit felony. - Conspiracy and proposal
to commit felony are punishable only in the Examples of Felonious Conspiracy
cases in which the law specifically provides [METRICS DATA]:
a penalty therefor. 1. Monopolies and combinations in restraint
of trade [Art. 186, RPC]
A conspiracy exists when two or more 2. Espionage [Sec. 3, C.A. 616]
persons come to an agreement concerning 3. Treason [Art. 115, RPC]
the commission of a felony and decide to 4. Rebellion [Art. 136, RPC]
commit it. 5. Insurrection [Art. 136, RPC]
6. Coup d’état [Art. 136, RPC]
There is proposal when the person who has 7. Sedition [Art. 141, RPC]
decided to commit a felony proposes its 8. Selected acts under the Dangerous Drugs
execution to some other person or persons. Act [Sec. 26, R.A. 9165]
9. Arson [Sec. 7, P.D. 1613]
Rule on When Conspiracy and Proposal 10. Terrorism [Sec. 4, R.A. 9372]
Constitutes a Crime 11. Access device fraud [Sec. 11, R.A. 8484]
General Rule: conspiracy or proposal to
commit a crime is not punishable because they Conspiracy as a Felony v. Conspiracy as a
are only preparatory acts and the law regards Manner of Incurring Criminal Liability
them as innocent or at least permissible except Conspiracy as a felony refers to the mere
in exceptional cases. [REYES, Book 1] agreement to commit the said acts and NOT
the actual execution thereof. [People v. Fabro,
Exception: When the law specifically provides G.R. No. 114261 (2000)]
for a penalty thereof.

Page 72 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Conspiracy as a common pursuit of

Conspiracy as a the criminal objective.
Basis for Incurring
Felony Criminal Liability [People v. Pinto, G.R.
As to Stage No. 39519 (1991)]
Preparatory acts Executory acts As to Crimes Applicable
How Incurred Only applies
Commission of overt conspiracy to
Mere agreement commit treason,
acts
As to Legal Requirements coup d’état, Any crime
Participants acted in rebellion,
concert or insurrection, and
simultaneously or in sedition
any way which is
indicative of a B. CONSPIRACY AS A MANNER OF
meeting of the minds INCURRING CRIMINAL LIABILITY
RPC must
towards a common
specifically punish Liability When Conspiracy is Established
criminal goal or
the act of
criminal objective. General Rule: The act of one becomes the act
conspiring (and
of all. All who participated therein, irrespective
proposing)
The act of meeting of the quantity or quality of his participation is
together is not liable equally, whether conspiracy is pre-
The act must not planned or instantaneous [REYES, Book 1].
necessary as long as
be accomplished,
a common objective
else the conspiracy Exception – Unless one or some of the
can be discerned
is absorbed and conspirators committed some other crime
from the overt acts.
the act itself is which is not part of the intended crime.
punished.
The act must be
accomplished, if Exception to the Exception – When the act
there is only constitutes a “single indivisible offense.”
conspiracy or
proposal, there is no Collective Criminal Responsibility v.
crime to be punished. Individual Criminal Responsibility
As to Quantum of Proof Collective Criminal Individual Criminal
Conspiracy must be Responsibility Responsibility
established by As to Definition
positive and When offenders are When each of the
conclusive evidence. criminally liable in participants in an
[People v. Laurio, the same manner offense is
G.R. No. 181539 and to the same responsible only for
Conspiracy as a
(1991)] extent the consequences of
crime must be
his own acts in the
established
However, absence of previous
beyond reasonable
circumstantial conspiracy, unity of
doubt
evidence may also be criminal purpose
used and it can be and intention, or
reasonably inferred community of
from the acts of the criminal design [US
offenders when such v. Magcomot, G.R.
acts disclose or show No. 4329 (1909)]

Page 73 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

As to Liability consummated in a moment’s notice — through

Once conspiracy is Each of the a single word of assent to a proposal or an
proven, the act of participants is unambiguous handshake. Yet it is more difficult
one is the act of all responsible only for to presume conspiracy in extemporaneous
[People v. Zafra, his own acts outbursts of violence; hence, the demand that
G.R. No. 225784 [Araneta, Jr. v. CA, it be established by positive evidence. [Li v.
(2019)] and they all G.R. No. 43527 People, G.R. No. 127962 (2004)]
share the same (1990)]
liability as co- Doctrine of Implied Conspiracy
principals [People v. Conspiracy may be inferred from the conduct
Aliben, G.R. No. of the parties, their joint purpose, community of
140404 (2003)] interest and in the mode and manner of
commission of the offense. [People v.
Degree of Proof Pangilinan, G.R. Nos. 134823-25 (2003)].
General Rule: Conspiracy must be
established by positive and conclusive Existence of Implied Conspiracy must be
evidence, not by conjectures or speculations. based on:
[People v. Laurio, G.R. No. 181539 (1991)] 1. Overt acts done before, during, or after the
commission of the crime; or
Exceptions: 2. Words, remarks or language used before,
1. Circumstantial Evidence may be Used during or after the commission of the crime
Conspiracy may be established through [People v. Sandiganbayan, G.R. No.
the collective acts of the accused before, 158754 (2007)]
during and after the commission of a felony
that all the accused aimed at the same The above must show that they acted in unison
object, one performing one part and the with each other, evincing a common purpose
other performing another for the attainment or design. It must be shown that they
of the same objective; and that their acts, cooperated in the commission of the offense,
though apparently independent, were in either morally, through advice, encouragement
fact concerted and cooperative, indicating or agreement or materially through external
closeness of personal association, acts indicating a manifest intent of supplying
concerted action and concurrence of aid in the perpetration of the crime in an
sentiments. [People v. Talaogan, G.R. No. efficacious way. [People v. Ramos, G.R. No.
178198 (2008)] 118570 (2004)]

2. Presumption of Conspiracy (Band) No Criminal Liability in the Following

Conspiracy need not be proved if the
existence of the band is clearly established
(e.g, crime of robbery with a band). The law
presumes the attendance of conspiracy so
much so that "any member of a band who
is present at the commission of a robbery
by the band, shall be punished as principal
of any of the assaults committed by the
band, unless it be shown that he attempted
to prevent the same." [People v. Peralta,
supra.]
NOTE: Spontaneity does not preclude
conspiracy, which after all, can
Cases:
1. Mere acquiescence to or approval of the
commission of the crime, without any act of
criminal participation, shall not render one
criminally liable as co-conspirator. [People
v. Izon, G.R. L-10397 (1958)]
However, having community of design with
the principal does not prevent a malefactor
from being regarded as an accomplice if his
role in the perpetration of the homicide or
murder was, relatively speaking, of a minor
character. [People v. Nierra, G.R. No. L-
be 32624 (1980)]

Page 74 of 286
U.P. LAW BOC CRIMINAL LAW I
2. If the party desisted from the commission
of the crime. [People v. Timbol, G.R. Nos.
L-47471-3 (1944)]
Wheel or Circle Conspiracy v. Chain
Conspiracy
1. Wheel or Circle Conspiracy - there is a
single person or group (the hub) dealing
individually with two or more other persons
or groups (the spokes).
2. Chain Conspiracy - there is successive
communication and cooperation in much
the same way as with legitimate business
operations between manufacturer and
wholesaler, then wholesaler and retailer,
and then retailer and consumer. [Estrada v.
Sandiganbayan, G.R. No. 148965 (2002)]
When the person who has decided to commit a
felony proposes its execution to some other
person or persons. [Art. 8, RPC]
Requisites: [DP]
1. Decision to commit a felony; and
2. Proposal to execute to other
person/persons.
It is not necessary that the person to whom the
proposal is made agrees to commit it. [REYES,
Book 1]
Proposals Punishable by Law [ReCIT]:
1. Rebellion [Art. 136, RPC]
2. Coup d’ etat [Art. 136, RPC]
3. Insurrection [Art. 136, RPC]
4. Treason [Art. 115, RPC]
c. Multiple Offenders
Four Forms of Repetition:
1. Recidivism/Reincindencia [Art. 14(9), RPC]
2. Habituality/Reiteracion [Art. 14(10), RPC]
3. Multi-recidivism/Habitual Delinquency [Art.
62(5), RPC]
4. Quasi-recidivism [Art. 160, RPC]
Page 75 of 286
CRIMINAL LAW
1. RECIDIVISM
Recidivist
One who, at the time of his trial for one crime,
shall have been previously convicted by final
judgment of another crime embraced in the
same title of the RPC. [People v. Lagarto, G.R.
No. 65833 (1991)]
Requisites [Reyes, Book 1]: [TPSC]
a. Offender is on Trial for a felony
b. He was Previously convicted by final
judgment of another crime
c. Both the first and second felonies are
embraced in the Same title of the RPC
d. Offender is Convicted of the new offense
Offender is on Trial for an Offense
What is controlling is the time of trial, not the
time of commission of the crime. [REYES,
Book 1]
● It is meant to include everything that is
done in the course of the trial, from
arraignment until after the sentence is
announced by the judge in open court.
[People v. Lagarto, supra.]
● It is sufficient that the succeeding offense
be committed after the commission of the
preceding offense, provided that at the time
of his trial for the second offense, the
accused had already been convicted of the
first offense. [REYES, Book 1]
Rules in Counting Number of Convictions
a. If both offenses were committed on the
same date, they shall be considered as
only one, hence, they cannot be separately
counted in order to constitute recidivism.
b. If judgments of conviction handed down on
the same day shall be considered as only
one conviction.
When is there Conviction by Final
Judgment
a. After lapse of period for perfecting appeal
(15 days);
b. When sentence has been partially or totally
served;
c. Accused waived in writing his right to
appeal; or
U.P. LAW BOC CRIMINAL LAW I
d. Accused has applied for probation. [Rule
120, Sec. 7, ROC]
Effect of the following:
● Pardon on the first felony – the first
conviction is still counted to make him a
recidivist, since pardon does not obliterate
the fact of his prior conviction. [People v.
Lacao, Sr., G.R. No. 95320 (1991)]
● Amnesty on the first felony - his former
conviction would not be aggravating.
According to Art. 89, amnesty extinguishes
not only the penalty but also its effects. [US
v. Sotelo, G.R. No. L-9791 (1914)]
Special Laws Not Contemplated
In recidivism, the crimes committed should be
felonies. There is no recidivism if the crime
committed is a violation of a special law.
[People v. Lauleco, C.A., 36 O.G. 956]
2. HABITUALITY (REITERACION)
Requisites [REYES, Book 1]: [TPE2LC]
a. Offender is on Trial for an offense
b. He Previously served sentence for:
i. Another offense to which the law
attaches Equal or greater penalty; or
ii. 2 or more crimes to which it attaches
Lighter penalty than that for the new
offense
c. Offender is Convicted of the new offense
NOTE: What is considered is the penalty
attached to offense, not the one actually
imposed. [REYES, Book 1]
Offender Already Served Sentence
There is no reiteracion if the accused was still
serving sentence at the time of the commission
of the offense. In reiteracion/habituality, it is
necessary that the offender shall have served
out his sentence for the first offense. [REYES,
Book 1]
3. QUASI-RECIDIVISM
Art. 160. Commission of another crime
during service of penalty imposed for
Page 76 of 286
CRIMINAL LAW
another offense; Penalty. - Besides the
provisions of Rule 5 of Article 62, any person
who shall commit a felony after having been
convicted by final judgment, before
beginning to serve such sentence, or while
serving the same, shall be punished by the
maximum period of the penalty prescribed by
law for the new felony.
Requisites [CBD]
a. Convicted by final judgment of one offense.
b. Committed a new felony Before/During
service of such sentence. [Art. 160, RPC]
Reiteracion and Quasi-recidivism Cannot
be Simultaneous
Since reiteracion provides that the accused
has duly served the sentence for previous
conviction/s, or is legally considered to have
done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence the latter
cannot apply to a quasi-recidivist. [People v.
Layson, G.R. No. L-25177 (1969)]
Pardon [Art. 160(2), RPC]
General Rule: A quasi-recidivist may be
pardoned and pardon is to be given to a convict
who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years;
and
3. Has already served out his original
sentence or if he completing it after
reaching such age
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency.
4. MULTI-RECIDIVISM/HABITUAL
DELINQUENCY
Requisites [T-FIRE, 10-2, 10-3]
a. Offender had been convicted of any of the
crimes of [T-FIRE]: Theft; Falsification;
serious or less serious physical Injuries;
Robbery; Estafa.
b. After conviction or after serving his
sentence, he again committed, and, within
10 years from his release or first conviction,
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

he was again convicted of any of the said Rules in Counting Convictions [REYES,
crimes for the 2nd time Book 1]
c. After his conviction of, or after serving a. Convictions on the same day are counted
sentence for the second offense, he again as one.
committed, and, within 10 years from his b. Crimes committed on the same date,
last release or last conviction, he was again although convictions are on different dates,
convicted of any of said offenses, the 3rd are counted as one.
time or oftener. [Art. 62, RPC] c. Crime committed during the minority of the
offender is not considered.
NOTE: Computation of the 10-year period can d. Commission of any of the crime need not
start from either the conviction OR release of be consummated.
the accused in his previous crime and shall end
with the date of his conviction in the Required Allegations in Information
subsequent crime. [People v. Lacsamana, The information must contain dates of [PLO]:
G.R. No. L-46270 (1938)] a. Commission of Previous crimes
b. Last conviction or release
Coverage c. Other previous convictions or releases.
● It applies to all participants (e.g., [People v. Venus, G.R. No. 45141 (1936)]
principals, accomplices, accessories)
because it reveals persistence in them of NOTES:
the inclination to wrongdoing and of the ● Plea of guilty which fails to allege the dates
perversity of character that led them to of the commission of previous offences,
commit the previous crime. convictions, and of releases is not an
● It applies to any stage of the execution admission of habitual delinquency, but
(attempt, frustration, or consummation) recidivism. [People v. Masonson, G.R. No.
because subjectively, the offender reveals 45249 (1936)]
the same degree of depravity or perversity ● Failure to object admission of decision
as the one who commits a consummated showing dates of previous convictions
crime. cures the failure to allege said dates in the
Not An Ex Post Facto Law information. [People v. Nava, C.A., 58 O.G.
The imposition of the additional penalty on 4750]
habitual delinquents are not unconstitutional
because such law is neither an ex post facto Penalties [REYES, Book 1]
law nor an additional punishment for future Nth
Penalty Plus
crimes. It is simply a punishment on future Conviction
crimes on account of the criminal propensities prision
of the accused. [People v. Montera, G.R. No. correccional
L-34431 (1931)] 3rd
(med. and
max. periods)
Recidivism Inherent in Habitual Prescribed prision mayor
Delinquency 4th penalty on (min. and
A habitual delinquent is necessarily a recidivist. the last med. periods)
In penalizing him, the aggravating crime prision mayor
circumstance of recidivism has to be taken into (max. period)
account. However, for the purpose of fixing the 5th and
to reclusion
additional penalty, recidivism cannot be taken succeeding
temporal (min.
as an aggravating circumstance for the reason period)
that it is inherent in habitual delinquency.
[People v. Tolentino, G.R. No. L-48740 (1942)]

Page 77 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Limitation: 30 years. In no case shall the total The imposition of such additional penalties is
of the 2 penalties imposed upon the offender mandatory and is not discretionary.
exceed 30 years

Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency

Habituality/
Recidivism/ Habitual
Reiteracion/ Quasi-Recidivism;
Reincindencia; Repetition Art. 160 Delinquency;
Art. 14 (9) Art. 62 (5)
Art. 14 (10)
As to Nature
As to When the Second (2nd) Crime was Committed
After conviction of 1st After serving sentence After conviction of 1st Within 10 years from
crime. for the 1 crime
st crime – but before his last release or
serving sentence for conviction
the 1st crime, or while
serving such sentence
As to the Crimes Committed
2nd conviction - for Offender has been Offender is convicted At least 3
an offense embraced previously punished of: for a 2nd felony. convictions are
in the same title of 1. One (1) offense – to required.
RPC which the law NOTE: 1st crime may
attaches equal or be a felony or offense Offender is found
greater penalty; or but the 2nd crime must guilty for the 3rd time
2. Two (2) offenses – be a felony. or oftener of the
to which the law following crimes [T-
attaches lighter FIRE]:
penalty 1. Theft
2. Falsification
NOTE: Previous and 3. Less serious or
subsequent offenses serious physical
must NOT be embraced Injuries
in the same title of the 4. Robbery
RPC. 5. Estafa
As to Type of Aggravating Circumstance
Special Aggravating Extraordinary
Generic Aggravating Circumstance Circumstance Aggravating
Circumstance
As to Effect on Penalty
If not offset by any Same as recidivism but Imposes the An additional penalty
mitigating not always an maximum of the shall be imposed
circumstance, aggravating penalty for the new
increase the penalty circumstance as Court offense, and cannot
only to the maximum should exercise be offset by any
discretion in favor of the mitigating
accused if the previous circumstance
offenses of the offender
are against property and
not directly against
persons and applying

Page 78 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

habituality would result

in a penalty of death
[REYES, Book 1]
As to Proof/Other Requirements
Proof of Recidivism Proof of Habituality Proof of Quasi- Required
It is necessary to Requires presentation Recidivism Allegations in
allege recidivism in of certified copies of the Requires the Information
the information and to sentence rendered presentation of a The information must
attach thereto against the accused certified copy of the contain dates of
certified copies of the except when the sentence convicting [PLO]:
sentences rendered defendant pleads guilty an accused. [People 1. Commission of
against the accused. to the information v. Gaorana, G.R. Nos. Previous crimes
alleging reiteracion. 109138-39 (1998)] 2. Last conviction
The trial court may [People v. Monterey y or release
still give such Quindoza, G.R. No. 3. Other previous
aggravating 109767 (1996)] convictions or
circumstance releases. [People
credence if the v. Venus, G.R.
accused does not No. 45141
object to the (1936)]
presentation. [People
v. Molina, G.R. Nos.
134777-78 (2000)]

4. Penalties v. Tabije, C.A., 59, O.G. (1992), as cited in

REYES, Book 1]
8. Correctional.
Penalty
The suffering that is inflicted by the State for
Three-Fold Purpose of Penalties [REYES,
the transgression of a law. [REYES, Book 1]
Book 1]
1. Retribution/Expiation – penalty is
Juridical Condition [REYES, Book 1]
commensurate with gravity of offense
Penalty must be: [PCP-LegCEDC]
2. Correction/Reformation – seen in rules
1. Productive of suffering, without affecting the
regulating the execution of the penalties
integrity of the human personality.
consisting in the deprivation of liberty
2. Commensurate to the offense – different
3. Social Defense – seen in its inflexible
crimes must be punished with different
severity to recidivists and habitual
penalties.
delinquents
3. Personal – no one should be punished for
the crime of another.
Constitutional Restriction on Penalties
4. Legal – it is the consequence of a judgment
The following are not allowed under Art. III,
according to law.
5. Certain – no one may escape its effects. Sec. 19(1) of the 1987 Constitution:
1. Excessive fines
6. Equal for all.
2. Cruel, degrading and inhumane
7. Definite – law does not permit any court to
punishment – when it is so
impose a sentence in the alternative, its
disproportionate to the offense committed
duty being to indicate the penalty imposed
so as to shock the moral sense of all
definitively and positively. [People v.
reasonable men as to what is right and
Mercadejas, C.A., 54 O.G. 5707 and People
proper under the circumstances [REYES,
Book 1]

Page 79 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. Death Penalty, unless Congress provides imprisonment in case of inability to pay the
for it for heinous crimes fine. [REYES, Book 1]

a. Imposable Penalties Either Principal or Accessory

The following may be principal or accessory
Prescribed vs. Imposable >Penalty vs. penalties, because they are formed in the two
Penalty Actually Imposed general classes: [REYES, Book 1]
Penalty 1. Perpetual or temporary absolute
Prescribed Imposable disqualification
Actually
Penalty Penalty 2. Perpetual or temporary special
Imposed
As to Definition disqualification (e.g., Arts. 226-228, RPC)
An initial 3. Suspension (e.g., Art. 236, RPC)
penalty as a
general Other Classifications
Penalty after
prescription A single fixed
the 1. According to Divisibility [REYES, Book 1]
for the penalty (also
attending or Divisible. Those that have fixed duration
felonies called a
modifying and can be divided into three periods:
defined straight
circumstanc minimum, medium, maximum.
therein penalty)
es have a. Reclusion temporal
which chosen by
been b. Prision mayor
consists of a the court
appreciated c. Prision correccional
range of
period of d. Suspension
time. e. Destierro
Example: As Applied to homicide f. Arresto mayor
One g. Arresto menor
ordinary
aggravating Indivisible. Those that have no fixed
17 years, 4 duration.
and no
months and a. Death
Reclusion mitigating
1 day of b. Reclusion perpetua
temporal circumstanc
reclusion c. Perpetual absolute/special
es: reclusion
temporal disqualification
temporal in
d. Public censure
its maximum
period
2. According to Subject-Matter
See: Discussion under “Classification” below
a. Corporal - Death.
for the complete list of imposable penalties.
b. Deprivation of freedom - Reclusion,
prision, arresto.
b. Classification c. Restriction of freedom - Destierro.
d. Deprivation of Rights - Disqualification,
Major Classification
suspension.
1. Principal Penalties - Those expressly e. Pecuniary - Fine.
imposed by the court in the judgment of
conviction.
3. According to Gravity [Art. 9, 25, and 26,
2. Accessory Penalties - Those that are RPC]
deemed included in the imposition of the a. Capital
principal penalties.
b. Afflictive
3. Subsidiary Penalties - Those imposed in c. Correctional
lieu of principal penalties, i.e., d. Light

Page 80 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. Duration and Effects 5. Penalties Common to the Three

Preceding Classes [FB]
Scale of Principal Penalties [Art. 25, RPC] a. Fine
1. Capital Punishment: Death b. Bond to keep the peace.
2. Afflictive Penalties [RP, RT, PAD, TAD,
PSD, TSD, PM] Scale of Accessory Penalties [REYES, Book
a. Reclusion Perpetua, 1]
b. Reclusion Temporal, [PAD, TAD, PSD, TSD, S, CI, I, F, Pay]
c. Perpetual or Temporary Absolute 1. Perpetual or Temporary Absolute
Disqualification, Disqualification
d. Perpetual or Temporary Special 2. Perpetual or Temporary Special
Disqualification, Disqualification
e. Prision Mayor. 3. Suspension from public office, the right to
3. Correctional Penalties [PC, AM, S, Des] vote and be voted for, the profession or
a. Prision Correccional calling
b. Arresto Mayor 4. Civil Interdiction,
c. Suspension 5. Indemnification,
d. Destierro 6. Forfeiture or confiscation of instruments and
4. Light Penalties [Am,Pc] proceeds of the offense,
a. Arresto menor 7. Payment of costs
b. Public censure

Penalties involving Death/Imprisonment (Deprivation of Freedom)

Penalty
Death
Death, when not executed due
to pardon or commutation
(REPEALED)
Reclusion Perpetua
Reclusion Temporal
Duration
Capital Punishment
Indivisible
Indivisible
Afflictive Penalties
20 years & 1 day to 40
years (Indivisible) [Art. 27,
RPC]
12 years & 1 day to 20
years [Art. 27, RPC]
Accessories
1. Perpetual absolute
disqualification; and
2. Civil interdiction for 30 years,
if not expressly remitted in the
pardon [Art. 40, RPC]
1. Civil interdiction for life or
during the period of the
sentence as the case may be
2. Perpetual Absolute
Disqualification which the
offender shall suffer even
though pardoned as to the
principal penalty, unless the
same shall have been
expressly remitted in the
pardon [Art. 41, RPC]
1. Civil interdiction for life or
during the period of the
sentence as the case may
be.
2. Perpetual Absolute
Disqualification which the

Page 81 of 286
U.P. LAW BOC CRIMINAL LAW I
Prision Mayor 6 years & 1 day to 12 years
[Art. 27, RPC]
Correctional Penalties
Prision Correccional 6 months & 1 day to 6
years [Art. 27, RPC]
Arresto Mayor 1 month & 1 day to 6
months [Art. 27, RPC]
Light Penalties
Arresto Menor 1 day to 30 days [Art. 27,
RPC]
Penalties involving Deprivation of Rights
Penalty Duration
Afflictive Penalties
1. Deprivation of public office,
Perpetual Absolute 2. Deprivation of right to vote &
For life
Disqualification
3. Disqualification from public
Page 82 of 286
CRIMINAL LAW
offender shall suffer even
though pardoned as to the
principal penalty, unless the
same shall have been
expressly remitted in the
pardon. [Art. 41, RPC]
1. Temporary Absolute
Disqualification
2. Perpetual Special
Disqualification from the right
to suffrage which the
offender shall suffer although
pardoned as to the principal
penalty unless the same
shall have been expressly
remitted in the pardon. [Art.
42, RPC]
1. Suspension from public
office
2. Suspension from the right to
follow a profession or calling
3. Perpetual Special
Disqualification for the right
of suffrage, if the duration of
the imprisonment shall
exceed 18 months [Art. 43,
RPC]
1. Suspension of right to hold
office
2. Suspension of the right of
suffrage during the term of
the sentence [Art. 44, RPC]
1. Suspension of right to hold
office
2. Suspension of the right of
suffrage during the term of
the sentence [Art. 44, RPC]
Effects
even if by election
be voted for
office held
U.P. LAW BOC CRIMINAL LAW I
6 years & 1 day to 12 years
except when disqualification
penalty is imposed as an
Temporary Absolute
accessory penalty, in which
Disqualification
case its duration shall be
that of the principal penalty.
[Art. 27, RPC]
Perpetual Special
For life
Disqualification
6 years & 1 day to 12 years
except when disqualification
penalty is imposed as an
Temporary Special
accessory penalty, in which
Disqualification
case its duration shall be
that of the principal penalty.
[Art. 27, RPC]
Correctional Penalties
6 months & 1 day to 6 years
except when the penalty of
disqualification is imposed
Suspension as an accessory penalty, in
which case its duration shall
be that of the principal
penalty. [Art. 27, RPC]
6 months & 1 day to 6 years
Destierro
[Art. 27, RPC]
Page 83 of 286
CRIMINAL LAW
4. Loss of retirement rights [Art.
30, RPC]
1. Deprivation of public office,
even if by election
2. Deprivation of right to vote &
be voted for during sentence
3. Disqualification from public
office held during sentence
4. Loss of retirement rights [Art.
30, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
2. Disqualification from similar
offices or employments [Art.
31, RPC]
3. Right to suffrage (vote in any
popular election for public
office or be elected to such
office) [Art. 32, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
2. Disqualification from similar
offices or employment [Art.
31, RPC]
3. Right to suffrage (vote in any
popular election for public
office or be elected to such
office) [Art. 32, RPC]
1. Public office
2. Profession or calling
3. Suffrage [Art. 33, RPC]
Prohibition to enter w/in 25-250
km radius from the designated
place [Art. 87, RPC]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

1. Capital Punishment Heinous Crimes Remain “Heinous.”

Debarring the death penalty through R.A. 9346
The death penalty shall be imposed in all cases did not declassify those crimes previously
in which it must be imposed under existing catalogued as "heinous" (in R.A. 7659). R.A.
laws, except in the following cases (reclusion 9346’s amendments extend only to the
perpetua shall be imposed): application of the death penalty but not to the
1. When the guilty person be more than definition or classification of crimes. It does not
seventy (70) years of age or below serve as a basis for the reduction of civil
eighteen (18) years of age at the time of the indemnity and other damages that adhere to
commission of the crime [Art. 47, RPC, as heinous crimes. [People v. Bon, supra.]
amended by R.A. 9344]
2. When upon appeal or automatic review of 2. Reclusion Perpetua
the Supreme Court, the required majority
vote is not obtained for the imposition of the Duration
death penalty. [Art. 47, RPC, as amended In R.A. 7659, the penalty of reclusion perpetua
by R.A. 9346] is now accorded a defined duration ranging
from twenty (20) years and one (1) day to forty
Abolition of Death Penalty (40) years.
R.A. 9346 (Act Prohibiting the Imposition of
Death Penalty) provides for: Indivisibility
1. Prohibition on death penalty [Sec. 1, R.A. Reclusion perpetua remains an indivisible
9346] penalty despite the duration provided for it.
2. Repeal of R.A. 8177 (Act Designating Death [REYES, Book 1]
by Lethal Injection) and R.A. 7659 (Death
Penalty Law) [Sec. 1, R.A. 9346] Considering that it is an indivisible penalty, it is
3. In lieu of death penalty, following shall be also unnecessary for the court to specify the
imposed: length of imprisonment [People v. Ramirez,
a. Reclusion perpetua - if the law violated G.R. No. 138261 (2001)].
uses the RPC’s nomenclature; and
b. Life imprisonment - if it does not [Sec. Life Imprisonment v. Reclusion Perpetua
2, R.A. 9346] [People v. Ballabare, G.R. No. 108871 (1996)]
Cadena Perpetua
Reclusion Perpetua
Constitutional Prohibition (Life imprisonment)
In the constitutional prohibition on death As to Offenses
penalty [Art. III, Sec. 19(1), 1987 Constitution],
the latter is placed in a “suspensive condition” Imposed for serious Prescribed under the
offenses penalized by RPC
or in a “state of hibernation.” It is included in the
special laws
computation of penalty but not imposed. As to Accessory Penalties
No accessory With accessory
"Death" as used in Art. 71, RPC, shall no longer penalties penalties
form part of the equation in the graduation of As to Duration
penalties. For example, the determination of Entails imprisonment
his penalty for attempted rape shall be for at least 30 years
reckoned not from two degrees lower than after which the convict
Does not appear to
death, but two degrees lower than reclusion becomes eligible for
have any definite
perpetua. [People v. Bon, G.R. No. 166401 pardon although the
extent or duration
(2006)] maximum period shall
in no case exceed 40
years
Note that the death penalty remains in the
RPC; R.A. 9346 merely prohibits its imposition

Page 84 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

AM No. 15-08-02-SC, in rel. to sec. 3 of R.A.
9346.
Conditions Effect
Convicted of offense Ineligible for parole
punished with or under Indeterminate
reduced to reclusion Sentence Law
perpetua (ISLAW)
When death penalty No need to use
is not warranted qualification of
“without eligibility for
parole” as convicted
persons penalized
with an indivisible
penalty are not
eligible for parole
When death penalty Must use
is warranted, if not qualification “without
for R.A. 9346 eligibility for parole”
to qualify reclusion
perpetua and to
emphasize that the
accused should
have been
sentenced to suffer
the death penalty if
not for R.A. 9346.
3. Destierro
or within the 25-250 km. radius specified. [Art.
87, RPC]
Although destierro does not constitute
imprisonment, it is still a deprivation of liberty.
Art. 29 of the RPC applies when the penalty is
destierro. [People vs. Bastasa, G.R. No. L-
32792 (1979) as cited in REYES Book 1]
Penalties Common to Afflictive,
Correctional, and Light Penalties
1. Fines
Classification of Penalties
[Art. 26, RPC, as amended by Sec. 2, RA
10951]
Afflictive More than Php1,200,000
Php40,000 to
Correctional
Php1,200,000
Light Below Php40,000
Classification of Penalty
Art. 26 merely classifies fine and has nothing to
do with the definition of offenses. Hence, Art. 9
should prevail over Art. 26 where the
prescription of a crime and not the prescription
of a penalty is the question. [People v. Yu Hai,
G.R. No. L-9598 (1956), cited in REYES, Book
1].

Applicability Rules in Fines

Destierro applies in the following cases: [F-
ICE]
1. In case of Failure to give bond for good
behavior [Art. 284, RPC]
2. Serious physical Injuries
3. Penalty of Concubine in concubinage [Art.
334, RPC]
4. Death under Exceptional circumstance
[Art. 247, RPC]
5. In cases where after reducing the penalty by
one or more degrees, destierro is the proper
penalty. [REYES, Book 1]
Duration
Destierro lasts from 6 months and 1 day to 6
years. [Art. 27, RPC]
Nature of Destierro
Those sentenced to destierro are not allowed
to enter the place/s designated in the sentence
1. The court can fix any amount of the fine
within the limits established by law but must
consider:
a. Mitigating and aggravating
circumstances
b. Wealth or means of the culprit [Art. 66,
RPC]
2. When the law does not fix its minimum - the
determination of the amount of is left to the
sound discretion of the court, provided
within the maximum authorized by law.
[People v. Quinto, G.R. No. 40934 (1934) as
cited in REYES, Book 1]
3. Fines are not divisible
Increasing or Reducing Fine
Fines are graduated into degrees when
imposing them upon accomplices and
accessories or in principals in

Page 85 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

frustrated/attempted felonies. [Arts. 50-57, b. Light penalties - not more than 30 days
RPC] for light penalties. [see Art. 35, RPC;
REYES, Book 1]
If it is necessary to increase/reduce the penalty
of fine by 1 or more degrees it shall be Duration
increased/reduced respectively or each degree The bond to keep the peace shall be required
by one-fourth (¼) of the maximum to cover such period of time as the court may
prescribed amount by law without changing determine. [Art. 27, RPC, as amended by R.A.
the minimum. This shall also be observed with 7659 as cited in REYES, Book 1]
fines that are made proportional. [Art. 75, RPC]
Applicability
This does not apply when there is no minimum General Rule: Since according to Art. 21 no
amount fixed by law, in which case the amount felony shall be punishable by any penalty not
imposed is left to the sound discretion of the prescribed by law prior to its commission, and
courts. [People v. Quinto, G.R. No. L-40934 bond to keep the peace is not specifically
(1934)] provided for by the Code for any felony, that
penalty cannot be imposed by the court.
Fine with Minimum vs. Fine Without [REYES, Book 1]
Maximum [REYES, Book 1]
Fine With Fine Without Exception: Bond to keep the peace is
Minimum Minimum required of a person making a grave or light
As to What Fixes the Maximum threat. [Art. 284, RPC as cited in REYES, Book
In both, the law fixes the maximum of the fine 1]
As to the Court Imposing the Minimum
The Court cannot The Court can Bond to Keep Peace v. Bail Bond [REYES,
change the impose any amount Book 1]
minimum not exceeding the Bond to Keep the
Bail Bond
maximum Peace
When Court Also Fixed the Maximum As to Purpose/Applicability
The Court can The Court cannot Penalty for offense Posted for
impose an amount impose an amount of grave/light threat provisional release
higher than the higher than the of a person
maximum maximum arrested/accused of
a crime
2. Bond to Keep Peace
Termination of Parental Authority
Effect of Penalty: [2SDD] Unless subsequently revived by a final
1. Offender must present two (2) sureties who judgment, parental authority also terminates
shall undertake that the offender will not [Art. 229, RPC]:
commit the offense sought to be prevented 1. Upon judicial declaration of abandonment
and that they will pay a court-determined of the child in a case filed for the purpose;
amount if said offense be committed. or
2. Offender must Deposit amount to the clerk 2. Upon final judgment of a competent court
of court. divesting the party concerned of parental
3. Offender must be Detained if he cannot give authority; xxx
the bond.
a. Grave/less grave felonies - not more d. Application
than 6 months

Page 86 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

When Duration of Penalty Begins [Art. 28, Examples of Temporary Penalties:

RPC] 1. Temporary absolute disqualification
When Duration of 2. Temporary special disqualification
Scenario Penalty 3. Suspension
Commences
When offender is in Duration of Examples of penalties consisting in
prison temporary penalties deprivation of liberty:
is from the day on 1. Imprisonment
which the judgment 2. Destierro
of conviction
becomes final. Preventive Imprisonment
When offender is Duration of penalty The accused undergoes preventive
not in prison consisting of imprisonment when the offense charged is non
deprivation of liberty bailable, or even if bailable, he cannot furnish
is from the day the the required bail [REYES, Book 1]. Its purpose
offender is placed at is to prevent the accused from going into hiding
the disposal of [BOADO, Book 1].
judicial authorities
for the enforcement Rules in Deducting Period of Preventive
of the penalty. Imprisonment [Art. 29, RPC]
For other penalties From the day on
which the offender General Rule: Offenders who underwent
commences to serve preventive imprisonment shall be credited in
his sentence. the service of their sentence consisting of
When the accused, From the date of the deprivation of liberty, with the full time during
who was in promulgation of the which they were under preventive
custody, appealed decision of the imprisonment, if they agree voluntarily in
appellate court. writing to abide by the same disciplinary rules
[Ocampo v. CA, imposed upon convicted prisoners.
G.R. No. L-7469 Exceptions:
(1955), cited in 1. They are recidivists/have been convicted
REYES, Book 1 at previously twice or more times of any
625] crime; and
Temporary Penalties 2. They failed to surrender voluntarily when
If offender is From day on which summoned for the execution of their
undergoing the judgment of sentence.
preventive conviction becomes
imprisonment final, but offender is NOTE: Credit for preventive imprisonment for
entitled to a the penalty of reclusion perpetua shall be
deduction of full time deducted from 30 years.
or 4/5 of the time of
detention [REYES, Other Rules [Art. 29, RPC]
Book 1] Scenario Effect
If offender is not From the day on If detention Credited in the
under detention which the offender prisoner does not service of his
because offender commences to serve agree to abide by sentence with four-
was released on his sentence the same fifths (4/5) of the time
bail [REYES, Book 1] disciplinary rules during which he has
imposed upon undergone
preventive

Page 87 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

convicted imprisonment [as rendition of judgment of conviction by the trial

prisoners amended by R.A. court, subject to the rules provided for in Article
6127] 39. [REYES, Book 1]
If accused’s period Released
of preventive immediately without Nature
imprisonment is prejudice to the It is NOT an accessory penalty. Therefore, the
equal to/more than continuation of the culprit cannot be made to go subsidiary
the possible max. trial thereof or the imprisonment unless the judgment expressly
imprisonment of proceeding on so provides. [People v. Fajardo, G.R. No.
the offense appeal, if the same is 43466 (1938), cited in REYES, Book 1]
charged to which under review [as
he may be amended by EO Accordingly, an accused cannot be made to
sentenced and his 214, 1988] undergo subsidiary imprisonment in case of
case is not yet insolvency to pay the fine imposed upon him
terminated Exceptions: If the when the subsidiary imprisonment is not
accused is absent imposed in the judgment of conviction. [Ramos
without justifiable v. Gonong, G.R. No. L-42010, (1976)]
cause at any stage of
the trial, court may Rules as to Subsidiary Imprisonment [Art.
motu proprio order 39, RPC]
the rearrest of the Penalty Duration of Subsidiary
accused. Imposed Imprisonment
Recidivists, habitual Shall not exceed 1/3 of
delinquents, the term of the sentence
Prisión
escapees and and shall not continue for
correccional
persons charged more than 1 year.
or arresto; and
with heinous crimes
fine
are also excluded. Fraction or part of a day
If maximum Released after thirty not counted.
penalty to which (30) days of Grave or less grave
the accused may preventive felony: Shall not exceed
be sentenced is imprisonment (as 6 months.
Fine Only
destierro amended by EO
214, 1988) Light felony: Shall not
If penalty imposed Convict should be exceed 15 days.
after trial is less released Higher than
No subsidiary
than the full time immediately prisión
imprisonment.
or four-fifths of the [REYES, Book 1] correccional
time of the Penalty not to
Same deprivations as
preventive be executed
imprisonment those of the principal
by
penalty, under the same
confinement,
rules as in the first 3
i. Subsidiary Imprisonment but of fixed
cases above.
duration
Definition In case
It is personal liability to be suffered by the financial Convict shall pay the fine,
convict who has no property with which to meet circumstances notwithstanding fact that
the fine at the rate of one day for each amount of the convict he suffered subsidiary
equivalent to the highest minimum wage rate should personal liability therefor.
prevailing in the Philippines at the time of the improve

Page 88 of 286
U.P. LAW BOC CRIMINAL LAW I
Not an Alternative
A convict—who has property (a) not exempt
from execution and (b) sufficient enough to
meet the fine—cannot choose to serve the
subsidiary penalty. [REYES, Book 1]
When Not Applicable
1. When the penalty imposed is higher than
prisión correccional [Art. 39, par. 3, RPC]
2. For failure to pay the reparation of the
damage caused, indemnification of the
consequential damages, and the costs of
the proceedings
3. When the penalty imposed is a fine and a
penalty not to be executed by confinement
in a penal institution and which has no
fixed duration
NOTE: Subsidiary imprisonment can be
imposed for violation of special laws pursuant
to Art. 10 of the RPC, which provides that the
RPC shall be supplementary to special laws;
unless, the special law provides that subsidiary
imprisonment shall not be imposed. [Art. 10,
RPC; Jao Yu v. People, G.R. No. 134172
(2004)]
ii. Indeterminate Sentence Law
(R.A. 4103, as amended by Act
No. 4225)
Purpose
The law is intended to favor the defendant,
particularly to shorten his term of
imprisonment, depending upon his behavior
and his physical, mental and moral record as a
prisoner, to be determined by the Board of
Indeterminate Sentence.
Why “Indeterminate Sentence”
After serving the minimum, the convict may be
released on parole, OR if he is not fitted for
release, he shall continue serving his sentence
until the end of the maximum [REYES, Book 1]
Mandatory
Application of ISLAW is mandatory because
the law employs the phrases “convicts shall be
sentenced” and “the court shall sentence the
accused to an indeterminate sentence.”
Page 89 of 286
CRIMINAL LAW
[People v. Yu Lian, CA 40 OG 4205, as cited in
REYES, Book 1]
Applicability
General Rule: Applicable to those sentenced
with imprisonment exceeding one (1) year.
• Application of the law is based on the
penalty actually imposed. Hence, in a
case where the court imposes a penalty of
prisión correccional minimum (6 months
and 1 day), ISLAW does not apply [People
v. Moises, G.R. No. L-32495 (1975), cited
in REYES, Book 1]
Exceptions:
1. Not applicable when unfavorable to the
accused [People v. Nang Kay, 88 Phil. 515,
519 as cited in REYES, Book 1]
2. The following are excluded from
coverage: [Sec. 2, ISLAW] [PH LENDS
TRES TVJ]
a. Convicted of Piracy
b. Habitual delinquents (but applies to
recidivists).
c. Convicted of offenses punished with
death penalty or Life imprisonment.
However, when there are two mitigating
circumstances, despite the offense being
punishable by reclusion temporal to
death, ISLAW applies. [People v. Roque,
90 Phil 142, 146 (1951), as cited in
REYES, Book 1]
d. Those who shall have escaped from
confinement or Evaded service of
sentence
e. Those whose maximum term of
imprisonment does Not exceed one
year.
f. Those sentenced to the penalty of
Destierro or Suspension.
g. Convicted of misprision of Treason,
Rebellion, Espionage, Sedition.
h. Convicted of Treason, conspiracy or
proposal to commit treason
i. Those who Violated the terms of
conditional pardon granted to them by
the Chief Executive
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

j. Those who had been sentenced by final adopts the crimes

Judgment at the time of the approval of technical punishable by
this law. > nomenclature RPC. [Imbo v.
and People, supra]
NOTE: ISLAW was approved on June signification of
19, 1965 penalties under
RPC,
Maximum and Minimum Terms indeterminate
Law Maximum Minimum Term sentence is
Term based on rule
Penalty which Court’s intended for
could be discretion, crimes
properly provided that the punishable by
imposed under minimum term is RPC. [Imbo v.
the rules of the anywhere within People, G.R.
RPC, in view of the range of the No. 197712
the attending penalty next (2015)]
circumstances. lower to that
prescribed by the Other modifying circumstances outside of Arts.
Basis: RPC for the 13 and 14 of the RPC are to be treated as
Imposable offense, without attending circumstances for purposes of
RPC regard to its 3
penalty (after computing the maximum term under ISLAW.
considering periods. [Sec. 1, [People v. Temporada, supra]
mitigating or ISLAW] Factors in Fixing Minimum Penalty [People
aggravating v. Ducosin, 59 Phil 109, 118 (1933)]
circumstances) Basis: 1. Criminal as an individual
[Sec. 1, ISLAW] Prescribed a. Age of the criminal
penalty, not the b. General health and physical conditions
imposable c. Mentality, heredity and personal habits
penalty. [People d. Previous conduct, environment, mode of
v. Temporada, life, and criminal record
supra] e. Previous education (intellectual & moral)
Maximum term Minimum term f. Proclivities and aptitudes for usefulness
shall not shall not be less or injury to society
exceed the than minimum g. Demeanor during trial and attitude with
maximum fixed specified by the regard to the crime committed
by the special law. h. Gravity of the offense
law. [Sec. 1, 2. Criminal as a member of society
ISLAW] Exception: When a. Relationship toward his dependents,
the special law family and associates, and their
Speci
Presence of adopts the relationship with him
al
attending technical b. Relationship towards society at large
Law
circumstances nomenclature and the State
does not affect and signification
the imposition of penalties Rules in Authorizing Prisoner to be
of the penalty. under RPC, Released on Parole
indeterminate 1. Whenever the prisoner shall have served
Exception: sentence is the minimum penalty imposed on him, and
When the based on rule it shall appear to the Board of Indeterminate
special law intended for Sentence that such prisoner is fitted for

Page 90 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

release, the Board may authorize his (principal, and Indivisible

release on parole, upon terms and accomplice, (except if
conditions as may be prescribed. accessory) [Art. privileged
2. Whenever the prisoner on parole during the 61, RPC] mitigating)
period of surveillance violates any of the 3. Privileged 2. In felonies
conditions, Board may issue an order for his Mitigating through
arrest where the prisoner shall serve the circumstance Negligence [Art.
unexpired portion of the maximum alleged in the 365, RPC]
sentence. [Secs. 6 and 8, R.A. 4103, as Information [Arts. 3. When the
amended by Act No. 4225] 68 and 69, RPC] penalty is only a
3. Even if the prisoner has already served the 4. Qualifying Fine imposed by
minimum, but he is not fitted for release on circumstance an ordinance
parole, he shall continue to serve alleged in the [People v. Kuan,
imprisonment until the end of the maximum. Information G.R. No. L-
[REYES, Book 1] 48515 (1942)]
4. When the
See: End of section on “Graduation of penalties are
Penalties” for comprehensive illustrations prescribed by
applying rules on graduation of penalties and Special laws
ISLAW. [REYES, Book
1]
e. Graduation of Penalties
Indivisible Penalties: [DeRPP]
Degree v. Period 1. Death
Degree Period 2. Reclusion Perpetua
Definition 3. Public censure
One entire penalty; One of three equal Divisible Penalties: [Ret-PriMaCo-AMaMe-
one whole penalty or portions, called D]
one unit of the minimum, medium 1. Reclusion Temporal
penalties and maximum, of a 2. Prision Mayor
enumerated in the divisible penalty. 3. Prision Correccional
graduated scales 4. Arresto Mayor
provided for in Art. 5. Destierro
71 [ESTRADA, Book 6. Arresto Menor
1] [REYES, Book 1]
How Affected
Graduation of General Rule: Imposition of Penalty
penalties by degrees Graduation by Rule: Whenever the law prescribes a penalty
considers the periods considers for a felony is general terms, it shall be
following: [SP-MC- the ordinary understood as applicable to the consummated
QC] aggravating and felony [Art. 46, RPC].
1. Stages of mitigating
execution circumstances.
(consummated, [RPC, Art. 64]
frustrated,
attempted) [Art. Exceptions:
61, RPC] [SINFiS]
2. Extent of 1. When the
Participation penalty is Single

Page 91 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Degrees Imposable d. Using falsified dispatch. [Art. 173, par. 2,

Consum Frustra Attempt RPC]
mated ted ed
Principal 0 1 2 Rules for Graduating Penalties by Degree
Accompl 1 2 3 Next Lower
Scenario
ice Degree
Accesso 2 3 4 The penalty
ry that follows the
When the penalty
Art. single and
is single and
“0” represents the penalty prescribed by law in 61(1) indivisible
indivisible
defining a crime, which is to be imposed on the penalty in Art.
PRINCIPAL in a CONSUMMATED OFFENSE, 71
in accordance with the provisions of Art. 46. Reclusion Reclusion
e.g.
Perpetua Temporal
The other figures represent the degrees to When the penalty Penalty that
which the penalty must be lowered, according Art. is composed of follows the
to the stage of execution and extent of 61(2) two indivisible lesser of the
participation of the accused. penalties two in Art. 71
Reclusion
Reclusion
Exceptions: Arts. 50 to 57 shall not apply to e.g. Perpetua to
Death Temporal
cases where the law expressly prescribes the
penalty for frustrated or attempted felony, or to The penalty
be imposed upon accomplices or accessories. Penalty is
immediately
[Art. 60, RPC] composed of one
following the
Art. or more divisible
lesser of the
61(2) penalties to be
Accomplice Punished as Principal divisible
imposed to their
1. The ascendants, guardians, curators, penalties in art.
full extent
teachers and any person who, by abuse of 71
authority or confidential relationship, shall Prision
cooperate as accomplices in the crimes of e.g. Correccional to Arresto Mayor
rape, acts of lasciviousness, seduction, Prision Mayor
corruption of minors, white slave trade or The medium
abduction [Art. 346, RPC] and minimum
2. One who furnished the place for the Penalty is
period of the
perpetration of the crime of slight illegal composed of two
divisible
detention [Art. 268, RPC] indivisible
Art. penalty and the
Accessory Punished: penalties and the
61(3) maximum of
1. As Principal: maximum period
the
a. Knowingly concealing certain evil of a divisible
immediately
practices enumerated in Art. 142 penalty
following
b. Obstruction of justice — See discussion penalty
under accomplices. Prision Mayor
2. With a Penalty One Degree Lower: Reclusion
in its maximum
a. Knowingly using counterfeited seal or Temporal in its
e.g. to Reclusion
forged signature or stamp of the maximum period
Temporal in its
President. [Art. 162, RPC] to Death medium
b. Illegal possession and use of a false
treasury or bank note. [Art. 168, RPC]
c. Using falsified document. [Art. 173,
par.3, RPC]

Page 92 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

The medium circumstances (generic) and no aggravating

and minimum circumstance [Art. 64].
When the penalty
period of the
is composed of
divisible Effects of Mitigating or Aggravating
one indivisible
Art. penalty and the Circumstances
penalty and the
61(3) maximum of [Art. 62, RPC]
maximum period
that Circumstance Effect
of a divisible
immediately Increase the penalty
penalty
following Aggravating without exceeding the
penalty Circumstance maximum provided by
Reclusion Prision Mayor law
Temporal in its in its maximum Mitigating Diminish the penalty
e.g. maximum period to Reclusion Circumstance
to Reclusion Temporal in its Increases the penalty
Perpetua medium because of recidivism,
Penalty Habitual which is generally implied
prescribed by Penalty Delinquency in habitual delinquency.
RPC consists in 3 consisting in Also imposes an
periods, the 3 periods additional penalty.
corresponding to down in the
different divisible scale Rules for Graduation of Periods
penalties When penalty is:
Art. 1. Single Indivisible: Shall be applied
Penalty
61 Penalty regardless of any mitigating or aggravating
consisting in
(4&5) prescribed by circumstances. [Art. 63, RPC]
the 2 periods
RPC consists in 2 2. Two indivisible penalties [Art. 63, RPC]
down in the
periods scale
Penalty Scenario Effect
Next period 1 AC; No MC Greater penalty
prescribed by
down in the
RPC consists in 1 No MC; No Lesser penalty
scale
period AC
1 MC; No AC Lesser penalty
Effect of Mitigating and Aggravating 2 or more Lesser penalty. Penalty
Circumstances in Application of the Rules MC; No AC cannot be lowered by one
for Graduating Penalties. degree no matter how
The penalty prescribed by the RPC for the many MCs are present.
crime is the basis, without regard to the [People v. Formigones,
mitigating or aggravating circumstances which G.R. No. L-3246 (1950),
attended the commission of the crime. It is only cited in REYES, Book 1]
after the penalty next lower in degree is already
determined that mitigating/aggravating Exception: Privileged
circumstances should be considered. [REYES, mitigating circumstance
Book 1] under Art. 68 or 69 is
Privileged Mitigating Circumstance present. [People v. Galang,
Those rules also apply in lowering the penalty G.R. No. 70713 (1989),
by one or two degrees by reason of the cited in Reyes, Book 1]
presence of privileged mitigating circumstance Both present Offset
[Arts. 68 and 69], or when the penalty is
divisible and there are two or more mitigating

Page 93 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. Composed of Three Periods "# %&'() − (, %&'() '-. " .'% − " .'%)
=
0
Rules for the Application of Penalties "#%&'() − (, %&'())
=
Containing Three Periods [Art. 64, RPC] 0
Scenario Effect 1 = # %&'()
No AC; No Imposed in its medium
2. For the minima and maxima of the minimum,
MC period.
medium, and maximum periods, use the
1 MC; No AC Imposed in its minimum
following formulae:
period.
1 AC; No MC Imposed in its maximum
Minimum Maximum
period. Min. !"#"!$! &' !"#"!$! &'
Both MC and Court shall reasonably 3 4
Perio ()*+,)"-*. (*#/0 ()*+,)"-*. (*#/012
AC present offset those of one class d +6
against the other according Med. !"#"!$! &' !"#"!$! &'
to their relative weight. Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
2 or more Penalty next lower in d +6 −9 ./2
MC; No AC degree to that prescribed +;6
by law, in the period that it Max. !"#"!$! &' !"#"!$! &'
may deem applicable, Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
d +;6 −9 ./2
according to the number
+<6
and nature of such
circumstances [RPC, Art.
64] Using the example of prision mayor, with X = 2
years as computed in Step 1, and applying
2 or more Imposed in its maximum
these numbers to the formulae in the above
AC; No MC period.
table, we have:
NOTE: In imposing the maximum period, the
Minimum Maximum
Court must specify its justification for so Min. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
imposing. By not specifying the justification for Period 9 ./2 − 9 ./2 )
imposing the ceiling of the period of the + ; 2*/)+
imposable penalty, the fixing of the Med. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
indeterminate sentence became arbitrary, or Period 9 ./2 − 9 ./2 )
whimsical, or capricious [Ladines v. People, +(; 2*/)+) + ;(; 2*/)+)
G.R. No. 167333 (2016)]. Max. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
Period 9 ./2 − 9 ./2 )
+;(; 2*/)+) + <(; 2*/)+)
4. Not Composed of Three Periods

1. Let X be Which can be simplified as:

X = (maximum of prescribed penalty - Minimum Maximum
(minimum of prescribed penalty - 1 day))/3 Min. , %&'() '-. " .'% 2 %&'()
Period
Illustration Med. 2 %&'() '-. " .'% "3 %&'()
Period
If prescribed penalty for a felony is prision
mayor, which ranges from 6 years Max. "3 %&'() '-. " .'% "# %&'()
(minimum of prescribed penalty) and 1 day Period
to 12 years (maximum of the prescribed
penalty). Then: 3. To check if the computation is correct, the
maximum of the maximum period (as
computed in Step 2) should be equal to the
maximum of the prescribed penalty.

Page 94 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Maximum of the max. period in Step 2 = Illustrations Applying Rules on Graduating

12 years Periods and ISLAW
Maximum of prision mayor = 12 years
1. Indeterminate sentence, when there are
Other Rules in Application of Penalties privileged mitigating and ordinary
mitigating circumstances.
1. Incomplete Accident
a. If guilty of grave felony: Arresto mayor Facts:
in its maximum period to prision • Penalty prescribed in RPC: Reclusion
correccional in its minimum period temporal in its maximum period to death
b. If guilty of less grave felony: Arresto • Privileged MC: Minority
mayor in its minimum and medium • Ordinary MC: Plea of guilty
periods [Art. 67, RPC]
Rule As Applied
2. Incomplete Exemption or Justification Applying first the Starting point:
a. When deed is not wholly excusable by privileged MC, Prisión mayor in its
reason of lack of some conditions lower first the maximum period to
required for exempting or justifying penalty prescribed reclusion temporal
circumstances – a penalty lower by one by the RPC for the in its medium
or two degrees shall be imposed, offense by one period.
provided that majority of the conditions degree using the
are present. [Art. 69, RPC] scale in Art. 71.
b. When the exempting circumstance has Make the penalty
only two (2) requisites - the presence of next lower as the
one element is sufficient [REYES, Book starting point for
1] determining the
c. Incomplete justification is a privileged minimum of the
mitigating circumstance (it cannot be indeterminate
offset by aggravating circumstances). penalty.
[People v. Ulep, supra.] Determine the
Minimum term:
minimum term by
Prisión
3. Incomplete Self-Defense, Defense of lowering the
Relatives and Strangers correccional
penalty made the
a. Unlawful Aggression - should always maximum to
starting point
be present to be appreciated as a prisión mayor in its
another degree
mitigating circumstance. [U.S. vs. medium period.
lower.
Navarro, 7 Phil. 713, as cited in REYES, Determine the
Book 1] maximum term by
b. Ordinary mitigating circumstance - if imposing in the
only unlawful aggression is present. Maximum term:
proper period the
c. Privileged mitigating circumstance - if Prisión mayor in its
penalty made the
two of the three requisites are present maximum period
starting point,
[People v. Oanis, G.R. No. L-47722 applying the
(1943) as cited in REYES, Book 1] ordinary MC.
[REYES, Book 1]
4. Impossible Crimes - The penalty for
persons who committed impossible crimes
[Art. 4(2), RPC] is arresto mayor or a fine
(Php200 – 500). [Art. 59, RPC]

Page 95 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

2. Other Illustrations Complex Degree next Degree next

Maximum Minimum crime; 2 lower to that lower to the
Scenario
Term Term MC; No AC provided by degree of the
No MC; No Imposed in its Anywhere [Arts. 48 RPC for the maximum
AC [Art. 64, medium within the and 64, par. more serious term.
par. 1] period. range of the 5] offense.
penalty next Note: When
lower to the Imposed in its there is a
prescribed maximum privileged
penalty. period. mitigating
1 ordinary Imposed in its Anywhere circumstance,
MC; No AC minimum within the the starting
[Art. 64, par. period. range of the point in
2] penalty next determining
lower to the the minimum
prescribed term shall not
penalty. be the penalty
1 AC; No Imposed in its Anywhere prescribed by
MC [Art. 64, maximum within the the RPC but
par. 3] period range of the the penalty
penalty next next lower in
lower to the degree to the
prescribed prescribed
penalty. penalty. This
Both MC MC and AC Anywhere is the
and AC shall be within the exception to
present offset. range of the the general
[Art. 64, par. penalty next rule.
4] lower to the
prescribed Privileged Degree next Degree next
penalty. MC and lower to the lower to the
Complex Penalty for Anywhere ordinary MC penalty degree of the
crime the more within the both prescribed by maximum
serious range of the present RPC. term.
offense penalty next
imposed in its lower to the Imposed in its
maximum prescribed minimum
period. penalty. period.
Penalty is Penalty two Anywhere 2 privileged Penalty of One degree
next lower degrees within the MC and 1 two degrees lower than the
by two lower than range of the ordinary MC next lower to penalty of the
degrees that penalty next the penalty. maximum
than that prescribed by lower to the term,
prescribed law. prescribed Imposed in its regardless of
by law for penalty. minimum its period.
the crime Imposed in its period.
threatened maximum Incomplete One or two Degree next
and there is period. defense; No degrees lower to
1 AC (grave MC; No AC lower than maximum
threats) prescribed term
[Art. 282] penalty

Page 96 of 286
U.P. LAW BOC CRIMINAL LAW I
f. Accessory Penalties
a. Perpetual or Temporary Absolute
Disqualification
Effects [DOVDOP] [Art. 30, RPC]
1. Deprivation of any public Office or
employment of offender; even if by election.
2. Deprivation of the right to Vote in any
election or to be voted upon;
3. Disqualification for the Offices or public
employments and for the exercise of any of
the rights mentioned.
4. Loss of rights to retirement pay or Pension.
Duration
1. Perpetual Absolute Disqualification -
during the lifetime of the convict and even
after the service of the sentence. [REYES,
Book 1]
2. Temporary Absolute Disqualification -
during the term of the sentence, except as
to:
a. Deprivation of the public office or
employment; and
b. Loss of all rights to retirement pay or
other pension for any office formerly
held. [Art. 30, par. 3, RPC]
Additional Penalty for Certain Accessories
Accessories falling within Art. 19(3) of the RPC
who act with abuse of their public functions,
harbored, concealed, or assisted in the escape
of the principal of the crime shall suffer the
additional penalty:
1. Perpetual absolute disqualification – for
grave felonies
2. Temporary absolute disqualification – for
less grave felonies
b. Perpetual or Temporary Special
Disqualification
For Public Office, Profession or Calling [Art.
31, RPC]
1. Deprivation of the office, employment,
profession or calling affected; and
2. Disqualification for holding similar offices or
employments during the period of
disqualification.
Page 97 of 286
CRIMINAL LAW
For Exercise of Right to suffrage [Art. 32,
RPC.]
1. Deprivation of the right to vote in any
election for popular office; and
2. Deprivation of right to be elected in such
office
No Denial of Right
It is presumed those convicted of a felony are
unfit to exercise the privilege of suffrage or to
hold office. The exclusion must for this reason
be adjudged a mere disqualification, imposed
for protection and not for punishment, the
withholding of a privilege and not the denial of
a personal right. [People v. Corral, G.R. No. L-
42300 (1936), as cited in REYES, Book 1]
Duration
1. Perpetual Disqualification or
Suspension – perpetually [REYES, Book 1]
2. Temporary Disqualification or
Suspension - if imposed as an accessory
penalty, the duration is the same as that of
the principal penalty. [Art. 30, par. 3(2),
RPC]
c. Suspension from Public Office, the Right
to Vote and be Voted for, the Right to
Practice a Profession or Calling
Effects
Involves disqualification from: [Art. 33, RPC]
1. Holding such office and holding another
office having similar functions during the
period of suspension
2. Exercising such profession
3. Exercising right of suffrage
Duration
Term of the sentence. [Art. 33, RPC]
d. Civil Interdiction
Effects [Art. 34, RPC]
Deprivation of the following rights: [PAG-MA-
MAP]
1. Parental Authority
2. Guardianship over the ward, either as to the
person or property of any ward
3. Marital Authority
U.P. LAW BOC CRIMINAL LAW I
4. Right to MAnage Property and to dispose of
the same by acts inter vivos.
NOTE: Convict can still dispose of his
property mortis causa). [REYES, Book 1]
Other Effects under the Civil Code:
1. Offer given by the convict before
acceptance is conveyed shall become
ineffective [Art. 1323, NCC]
2. Dissolution [of partnership] is caused: (7) By
the civil interdiction of any partner; [Art.
1830, NCC]
3. Civil interdiction of a general partner
dissolves the partnership, unless the
business is continued by the remaining
general partners:
a. Under a right so to do stated in the
certificate, or
b. With the consent of all members. [Art.
1860, NCC]
4. Agency is extinguished: (3) By the [xxx] civil
interdiction [xxx] of the agent [Art. 1919,
NCC]
e. Indemnification or Confiscation of
Instruments or Proceeds of the Offense
Generally
Effects
Forfeiture in favor of the Government of the
proceeds of the crime and the instruments or
tools with which it was committed. [REYES,
Book 1]
Rules: [Reyes, Book 1]
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime.
2. Proceeds and instruments or tools of the
crime are confiscated and forfeited in favor
of the Government.
3. Property of a third person not liable for the
offense, is not subject to confiscation and
forfeiture.
4. Property not subject of lawful commerce
(whether it belongs to the accused or to third
person) shall be destroyed.
Page 98 of 286
CRIMINAL LAW
Forfeiture as Additional Penalty
When the proceeds or instruments of the crime
are not confiscated prior to the final judgment
of sentence, the court cannot modify, alter or
change the sentence to confiscate such. [U.S.
v. Hart, 24 Phil. 578, 581-582, cited in REYES,
Book 1] It is an additional penalty, and
amounts to an increase of the penalty already
imposed, placing the accused in double
jeopardy [People v. Sanchez, G.R. No. L-9768
(1957), cited in REYES, Book 1]
SPECIAL LAWS PROVIDING FOR
CONFISCATION OF PROPERTY
An Act Declaring Forfeiture in Favor of the
State Any Property Found to Have Been
Unlawfully Acquired by Any Public Officer
or Employee and Providing for the
Proceedings Therefor [RA No. 1379]
If the public officer is unable to show that the
property in question was lawfully acquired, the
court shall declare this property forfeited in
favor of the State. Such judgment may not be
rendered within six months before any general
election, nor three months before any special
election. [Sec. 6, R.A. 1379]
Plunder Law [RA No. 7080]
The Court shall declare any and all ill-gotten
wealth and their interests and other income
and assets including the properties and shares
of stocks derived from the deposit or
investment thereof, forfeited in favor of the
State. [Sec. 2, R.A. 7080]
Anti-Graft and Corrupt Practices Act [RA
No. 3019]
Any prohibited interest or unexplained wealth
out of proportion to the offender’s lawful
income, shall be forfeited or confiscated in
favor of the State. [Sec. 9, R.A. 3019]
Comprehensive Dangerous Drugs Act of
2002, as amended [RA No. 9165]
All equipment and paraphernalia used for the
production of illegal drugs shall be confiscated
and forfeited in favor of the government.
U.P. LAW BOC CRIMINAL LAW I
After conviction in the RTC, the Court shall
immediately schedule a hearing for the
confiscation and forfeiture of all the proceeds
of the offense. However, during the
proceedings before the RTC, no property or
income may be forfeited or confiscated. [Sec.
20, R.A. 9165]
2016 Revised Implementing Rules and
Regulations of R.A. 9160, or the Anti-Money
Laundering Act, as amended.
Monetary instruments or property that are the
proceeds of money laundering shall be
forfeited in favor of the Government. If this
cannot be enforced, the court may order the
offender to pay an amount equal to the value of
the monetary instrument or property. [Rule XII]
f. Payment of Costs
Effects
1. If the accused is convicted - costs may be
charged against him.
2. If the accused is acquitted – costs are de
officio, i.e., each party will bear his/her own
expense.
[REYES, Book 1]
Exclusion
Not allowed against the Republic of the
Philippines. [Rule 142, Sec. 1, ROC] and
[REYES, Book 1]
What are Included
1. Fees, and
2. Indemnities, in the course of judicial
proceedings.
[Art. 37, RPC]
Expenses of Litigation
Costs of suit are the expenses of litigation
allowed and regulated by the Rules of Court to
be assessed against or to be recovered by a
party in litigation. [People v. Bergante, et. al.,
G.R. No. 12036970 (1998) as cited in REYES,
Book 1]
Page 99 of 286
CRIMINAL LAW
Fixed or otherwise
Costs may be fixed amounts already
determined by law or regulations or amounts
subject to a schedule. Whether costs should
be assessed against the accused lie within the
discretion of the court. The Government may
request the court to assess costs against the
accused, but not as a right. [REYES, Book 1]
Order of Payment
The civil liabilities of a person found guilty of
two or more offenses shall be satisfied by
following the chronological order of the dates of
the judgments rendered against him. [Art. 72,
RPC]
Applicable in case the property of the offender
is not sufficient to pay all his pecuniary
liabilities. The order of payment being [Art. 39,
RPC]: [RIFC]
1. Reparation of the damage caused
2. Indemnification of consequential damages
3. Fine
4. Costs of the proceedings
5. Execution and Service of
Penalties
Execution of Penalties
When and How a Penalty is to Be Executed
1. No penalty shall be executed except by final
judgment
2. Penalties cannot be executed in a form or
any circumstances/incidents other than that
prescribed or authorized by law
3. The law and the special regulations of
institutions in which penalties are to be
suffered shall be observed with regard to
the character of work, time of performance,
other incidents connected therewith,
relationships of convicts to others, relief
they may receive, and their diet
4. Regulations shall provide for:
a. Separation of the sexes in different
institutions/departments
b. Correction and reform of convicts [Art.
78, RPC]
U.P. LAW BOC CRIMINAL LAW I
When Judgment Becomes Final
General Rule: No penalty shall be executed
except by virtue of a final judgment. [Art. 78,
RPC] A judgment becomes final after the lapse
of the period for perfecting an appeal. [Rule
120, Sec. 7, ROC]
Exception: If the defendant has expressly
waived in writing his right to appeal or when
accused applied for probation. [Rule 120, Sec.
7, ROC]
Place of Execution of Sentence
Penalty Place
Reclusion In the places and
perpetua, reclusion penal
temporal, prision establishments
mayor, prision provided by the
correccional Administrative Code
and arresto mayor or by law. [Art. 86,
RPC]
Arresto menor Either in:
1. Municipal jail; or
2. House of the
defendant under
the surveillance
of an officer of
the law, when the
court so
provides, taking
into consideration
the health of the
offender and
other satisfactory
reasons [Art. 88,
RPC]
Destierro Not allowed to enter
the place/s
designated in the
sentence nor within
the 25-250 km.
radius specified.
[Art. 87, RPC]
Simultaneous Service of Sentence
General Rule: When the culprit has to serve 2
or more penalties, he shall serve them
simultaneously.
Page 100 of 286
CRIMINAL LAW
Exception: If the nature of the penalties (e.g.
deprivation of liberty) does not permit
simultaneous service, the order of their
respective severity shall be followed. [Art. 70,
RPC]
Deprivation of Liberty
Penalties consisting in deprivation of liberty
cannot be served simultaneously by reason of
the nature of such penalties. [In re: Pete
Lagran, G.R. No. 147270 (2001)]
What can be simultaneously served with
one another [DDDDS Bond Fine in CCP]
1. Perpetual absolute Disqualification
2. Perpetual special Disqualification
3. Temporary absolute Disqualification
4. Temporary special Disqualification
5. Destierro
6. Suspension
7. Bond to keep the peace and Fine
8. Civil interdiction
9. Confiscation and payment of costs
10. Public censure [REYES, Book 1]
All of the above can be served simultaneously
with imprisonment, except destierro. [REYES,
Book 1]
a. Three-Fold Rule
Three-Fold Rule [3-40] [Art. 70, RPC]
1. Maximum duration of convict’s
sentence: Shall not be more than three (3)
times the length of time corresponding to
the most severe penalty imposed upon
him.
2. Limitation of maximum period: Period
shall in no case exceed forty (40) years.
3. Effect if total imposed sentence is more
than the maximum allowed: No other
penalty shall be inflicted after the sum total
of those imposed equals the same
maximum period.
NOTE: Three-fold rule applies although the
penalties were imposed for different crimes, at
different times, and under separate
informations [Torres vs. Superintendent, G.R.
No. 40373 (1933)]
U.P. LAW BOC CRIMINAL LAW I
Basis of Duration of Penalties
1. Duration of perpetual penalties (pena
perpetua) - shall be computed at thirty (30)
years. [Art. 70, RPC]
2. Duration of the sentence refers to several
penalties for different offenses not yet
served out, but only when the convict must
serve continuous imprisonment for several
offenses
a. If sentence for one offense was already
served, that imprisonment will not be
considered for the purpose of the three-
fold rule if after release he commits again
and is convicted of new offenses.
b. Only penalties not yet served out can be
served simultaneously. [REYES, Book 1]
3. If sentence is indeterminate, basis of
duration is the maximum term of the
sentence. [People v. Desierto, C.A., 45 O.G.
4532, cited in REYES, Book 1]
4. “The most severe penalty” – includes equal
penalties, such as when sentenced to
multiple cases of the same offense [Aspra
v. Dir. of Prisons, 85 Phil. 737, 738, cited in
REYES, Book 1]
Applicability of Rule
This rule only applies when the convict has to
serve at least four (4) sentences and cannot
exceed three-fold the most severe. If only 2 or
3 penalties corresponding to different crimes
committed by the convict are imposed, it is not
possible to apply the three-fold rule [REYES,
Book 1].
Subsidiary Imprisonment
The three-fold rule does not preclude
subsidiary imprisonment for failure to pay a
fine, provided that the principal penalty does
not exceed 6 years. The provision of Art. 70
that "no other penalty to which he may be liable
shall be inflicted after the sum total of those
imposed equals the said maximum period,"
only means that the convict shall not serve the
excess over the maximum of three-fold the
most severe penalty.
Illustration:
“B” was found guilty in 17 criminal cases, the
most severe penalty imposed was 6 months
Page 101 of 286
CRIMINAL LAW
and 1 day, plus a fine of PI,000, with subsidiary
imprisonment in case of insolvency. After
serving 18 months and 3 days in prison, B filed
a petition for habeas corpus, contending that
applying the three-fold rule, he cannot be made
to serve more time. In deciding the case, the
SC ruled that the subsidiary imprisonment for
nonpayment of the fine cannot be eliminated so
long as the principal penalty is not higher than
6 years of imprisonment even if he already
served three-fold of the most severe penalty.
Applying said rule, if petitioner would not be
able to pay the fine, the maximum duration of
his imprisonment shall be 18 months and 3
days of the principal penalty plus 6 months and
1 day of subsidiary imprisonment for failure to
pay the fine, or a total of 2 years and 4 days.
[Bagtas vs. Director of Prisons, 84 Phil. 692,
698 (1949)]
Not “Imposition of Penalty,” but “Service”
Court must impose all the penalties for all the
crimes of which the accused is found guilty, but
in the service of the same, they shall not
exceed three times the most severe and shall
not exceed 40 years – three fold maximum
penalty. [Mejorada v. Sandiganbayan, G.R.
Nos. L-51065-72 (1987)]
b. Probation Law [P.D. 968, as
amended by R.A. 10707]
Definition of Terms [Sec. 3, P.D. 986]
1. Probation – a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
2. Probationer – person placed on probation
3. Probation officer – one who investigates
for the court a referral for probation or
supervises a probationer or both.
Nature
Probation Law is not a penal statute. Courts
have no authority to invoke a liberal
interpretation of it in this case as its words
leave no room for doubt or interpretation.
U.P. LAW BOC CRIMINAL LAW I
[Llamado v. CA and Gaw, G.R. No. 84850
(1989)]
Probation is not a right but a privilege subject
to the discretion of the court. The discretion is
exercised primarily for the benefit of society as
a whole and only secondarily for the personal
advantage of the accused. [Amandy v. People,
G.R. No. L-76258 (1988)]
a. Applicability
Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only.
May be extended to children in conflict with
the law
After convicting and sentencing a child in
conflict with the law, and upon application at
any time, the court may place the child on
probation in lieu of service of his/her sentence
in account of his/her best interest. As such Sec.
4, P.D. 968 is amended accordingly. [Sec. 42,
R.A. 9344]
Disqualified Offenders
1. Those sentenced to serve a max. term of
more than six (6) years. [Sec. 9(a), P.D.
968]
2. Crimes against national security convicts
[Sec. 9(b), P.D. 968]
3. Those previously convicted by final
judgement of an offense punished by
imprisonment of more than six (6) months
and one (1) day and/or fine of more than
one hundred thousand pesos (P1,000.00)
[Sec. 9(c), P.D. 968]
4. Those who have been once in probation
under this Decree [Sec. 9(d), P.D. 968]
5. Those who are already serving sentence at
the time the substance provisions of this
Decree became applicable pursuant to
Section 33 hereof [Sec. 9(e), P.D. 968]
6. Drug trafficker and pushers, regardless of
penalty imposed by court, cannot avail of
Probation Law privileges, as amended by
the Comprehensive Dangerous Drugs Act
of 2002. [Sec. 24. R.A. 9165]
Page 102 of 286
CRIMINAL LAW
b. Grant, Manner and Conditions [Sec. 4,
R.A. 10707]
1. Application for Probation - defendant
must file an application for probation within
the period for appeal.
Effect of filing of application – deemed as
waiver of the right to appeal.
2. Application shall not be entertained or
granted – if defendant has perfected the
appeal from the judgment of conviction.
Exception: When a judgment of conviction
imposing a non-probationable penalty is
appealed/reviewed and modified to a
probationable penalty, the defendant shall
be allowed to apply for probation based on
the modified decision before it becomes
final.
Note: Accused shall lose the benefit of
probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
3. Filing of application based on modified
decision – application shall be filed in the
trial court where the judgment imposing a
non-probationable penalty was rendered or
where such case has been re-raffled.
4. If several defendants have taken further
appeal –other defendants may apply for
probation by submitting a written application
and attaching thereto a certified true copy of
the judgment of conviction.
Dimakuta Doctrine (Rules on Appeals)
Appeal must be limited to the following
grounds:
1. Appeal merely intended for the correction of
the penalty imposed by the lower court,
which when corrected would entitle the
accused to apply for probation; and
2. Appeal is merely intended to review the
crime for which the accused was convicted
and that the accused should only be liable
to the lesser offense which is necessarily
included in the crime for which he was
U.P. LAW BOC CRIMINAL LAW I
originally convicted and the proper penalty
imposable is within the probationable
period. [Dimakuta v. People, G.R. No.
206513 (2015)]
What Must be Averred in the Notice of
Appeal
1. That an earlier motion for reconsideration
was filed but was denied by the trial court;
2. That the appeal is only for reviewing the
penalty imposed by the lower court or the
conviction should only be for a lesser crime
necessarily included in the crime charged in
the information; and
3. That the accused-appellant is not seeking
acquittal of the conviction. [Dimakuta v.
People, G.R. No. 206513 (2015)]
When Appeal Bars Grant of Probation
1. When the accused is convicted by the trial
court of a crime where the penalty imposed
is within the probationable period or a fine,
and the accused files a notice of appeal;
and
2. When the accused files a notice of appeal
which puts the merits of his conviction in
issue, even if there is an alternative prayer
for the correction of the penalty imposed by
the trial court or for a conviction to a lesser
crime, which is necessarily included in the
crime in which he was convicted where the
penalty is within the probationable period.
[Dimakuta v. People, G.R. No. 206513
(2015)]
NOTE: The Dimakuta decision was issued on
October 2015, but R.A. 10707—which
amended the Probation Law—was signed into
law on November 2015.
c. Grant of Probation
Discretion of the Court
Even if a convicted person falls within the
classes of those qualified for probation, the
grant of probation is not automatic or
ministerial. [Amandy vs. People, G.R. No. L-
76258 (1988), as cited in REYES, Book 1]
Page 103 of 286
CRIMINAL LAW
An order placing defendant on "probation" is
not a "sentence" but is rather in effect, a
suspension of the imposition of sentence. It is
not a final judgment but is rather an
"interlocutory judgment." [Baclayon v. Mutia,
G.R. No. L-59298 (1984) as cited in REYES,
Book 1]
Criteria for Grant of Probation [Sec. 8, P.D.
968]
The following should be considered in deciding
to place an offender under probation: [AM-
ChEAP]
1. Available institutional and community
resources
2. Mental condition of the offender
3. Character,
4. Antecedent,
5. Environment,
6. Physical condition of the offender
Reasons for Denying Probation [Sec. 8, P.D.
968]
1. The offender is in need of correctional
treatment best provided thru commitment to
an institution
2. There is undue risk that the offender will
commit another offense during the
probation period
3. Probation will depreciate the seriousness of
the offense committed
Effects of Grant of Probation
1. The execution of sentence shall be
suspended for such period and upon such
terms and conditions as the trial court may
deem best [Sec. 4, P.D. 968]
2. Probation does not extinguish civil liability,
as it only affects the criminal aspect of the
case. [Budlong v. Apalisok, G.R. No. L-
60151 (1983) as cited in REYES, Book 1]
3. Accessory penalties are deemed
suspended [Baclayon vs. Mutia, G.R. No. L-
59298 (1984), cited in REYES, Book 1]
NOTE: An order granting or denying probation
shall not be appealable [Sec. 4 P.D. 968]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Conditions of Probation [Sec. 10, P.D. 968] violation of the conditions of the probation.
1. Mandatory Conditions. Probation orders Once arrested and detained, probationer shall
shall contain conditions requiring be brought to court for a hearing of the violation
probationer to: charged. The defendant may be admitted to
a. Present himself to his supervising bail pending such hearing.
probation officer at the place specified in
the order within 72 hours from receipt of Additionally, it must be noted that:
said order; and 1. The violation of the conditions of probation
b. Report to the probation officer at least must be serious to justify the issuance of a
once a month at the time and place warrant of arrest.
specified by said officer. 2. Defendant may be admitted to bail pending
hearing.
2. Discretionary Conditions. The two ● Hearing is summary in nature, but the
conditions above are mandatory conditions; probationer shall have the right to be
the rest in sec. 10 are discretionary informed of the violation charged and to
conditions (e.g. cooperate with a program of adduce evidence in his favor.
supervision; meet his family responsibilities; 3. Court is not bound by the technical rules of
or devote himself to a specific employment). evidence.
Moreover, the conditions enumerated under 4. If the violation is established, the court may
Sec. 10 are not exhaustive. The courts are revoke or continue his probation and modify
allowed to impose practically any term it the conditions.
chooses, the only limitation being that it 5. If revoked, the court shall order the
does not jeopardize the constitutional rights probationer to serve the sentence originally
of the accused. [Salgado v. CA, et al., G.R. imposed.
No. 89606 (1990)] 6. The order revoking the grant of probation or
modifying the term and conditions thereof is
Period of Probation [Sec. 14, P.D. 968] not appealable. [REYES, Book 1]
Scenario Duration
When sentenced to Probation shall not e. Termination of Probation
imprisonment of not exceed 2 years
more than 1 year Order of Final Discharge [Sec. 16, R.A.
When sentenced to Shall not exceed 6 10707]
more than 1 year years An order of final discharge of the probationer
When sentenced to Shall be twice the shall be issued by the Court:
a fine and made to total days of 1. After the period of probation; and
suffer subsidiary subsidiary 2. Upon consideration of the report and
imprisonment imprisonment recommendation of the probation officer,
upon finding that probationer fulfilled the
d. Violation of Probation Order terms and conditions of his probation

Upon the failure of the probationer to comply NOTE: The probationer and the probation
with any of the conditions prescribed in the officer shall each be furnished with a copy of
order, or upon his commission of another such order.
offense, he shall serve the penalty imposed for
the offense under which he was placed on
probation [REYES, Book 1].

Arrest [Sec. 15, P.D 968]

At any time during the probation, the court may
issue a warrant to arrest the probationer for

Page 104 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Effect of Final Discharge [Sec. 16, R.A. Librado, A.M. P-94- convicted offense,
10707] 1089 (1996)] that is, it abolishes or
The final discharge of the probationer shall forgives the
operate to: punishment.
1. Restore to him all civil rights lost or [REYES, Book 1 at
suspended as a result of his conviction; and 843]
2. Totally extinguish his criminal liability as to Granting Authority
the offense for which probation was by the Court Chief Executive
granted. [Sec. 10, R.A. [U.S. vs. Guarin, 30
10707] Phil. 85, 87, as cited
Termination of Period, not the same as in REYES, Book 1]
Expiration of Probation Period Effect on Accessory Penalties
The expiration of the probation period alone Accessory penalties A pardon shall not
does not automatically terminate probation; are deemed work the restoration
probation is not coterminous with its period. suspended once of the right to hold
There must first be an order of final discharge probation is granted. public office, or the
issued by the court, based on the report and [Baclayon v. Mutia, right of suffrage,
recommendation of the probation officer. [Bala No. L-59298 (1984) unless such rights be
v. Martinez, G.R. No. 67301 (1990)] as cited in REYES, expressly restored
Book 1] by the terms of the
f. Probation v. Pardon pardon.

Probation Pardon A pardon shall in no

Definition case exempt the
Probation is a It is an act of grace culprit from the
disposition under proceeding from the payment of the civil
which a defendant, power entrusted with indemnity imposed
after conviction and the execution of the upon him by the
sentence, is laws which exempts sentence. [Art. 36,
released subject to the individual on RPC]
conditions imposed whom it is bestowed
by the court and to from the punishment c. Juvenile Justice and Welfare Act
the supervision of a the law inflicts for the
(R.A. 9344, as amended)
probation officer. crime he has
[REYES, Book 1] committed. [REYES,
a. Scope
Book 1]
It shall cover the different stages involving
children at risk and children in conflict with the
May either be:
law from prevention to rehabilitation and
(a) Absolute pardon
reintegration. [Sec. 1, R.A. 9344]
(b) Conditional
pardon
Definition of Terms
Whether Crime is Obliterated 1. Child - refers to a person under the age of
Does not obliterate Does not obliterate eighteen (18) years. [Sec. 4(c), R.A. 9344]
the crime of which the crime; it only 2. Children at risk, definition - Refers to a
the person under abolishes the child vulnerable to and at the risk of
probation has been punishment. Pardon committing criminal offenses because of
convicted. [Office of looks forward and personal, family and social circumstances,
the Court relieves the offender such as, but not limited to (a)
Administrator v. from the
economic/sexual exploitation, (b) truancy,
consequences of a

Page 105 of 286

U.P. LAW BOC CRIMINAL LAW I
(c) abandoned/neglected, or (e) abuse.
[Sec. 4(d), R.A. 9344]
3. Child in Conflict with the Law (CICL) -
Refers to a child who is alleged as, accused
of, or adjudged as, having committed an
offense under Philippine laws. [Sec. 4(e),
R.A. 9344]
Offenses Contemplated under R.A. 9344
1. Offenses – any act or omission whether
punishable under special laws or the
Revised Penal Code, as amended. [Sec.
4(o), R.A. 9344]
2. Status Offenses - refers to offenses which
discriminate only against a child, while an
adult does not suffer any penalty for
committing similar acts (i.e. curfew
violations; truancy, parental disobedience
and the like) [Sec. 4(r), R.A. 9344]
3. Victimless Crimes – offense where there is
no private offended party [Sec. 4(u), R.A.
9344]
Offenses Not Applicable to Children [Sec.
58, R.A. 9344]
Persons below eighteen (18) years of age shall
be exempt from prosecution for the crime of:
1. Prostitution [Art. 202, RPC]
2. Mendicancy [P.D. 1563]
3. Sniffing of rugby [P.D. 1619]
Such prosecution being inconsistent with the
United Nations Convention on the Rights of the
Child. However, said persons shall undergo
appropriate counseling and treatment program.
Determination of Age [Sec. 7, R.A. 9344]
Presumption of Minority: There is a
presumption of minority. S/he shall enjoy all the
rights of a child in conflict with the law until s/he
is proven to be 18 years old or older.
In assessing the attendance of the mitigating
circumstance of minority, all doubts should be
resolved in favor of the accused, it being more
beneficial to the latter. [People v. Sarcia, G.R.
No. 169641 (2009)]. In fact, in several cases,
this Court has appreciated this circumstance
on the basis of a lone declaration of the
accused regarding his age. [People v. Sarcia,
Page 106 of 286
CRIMINAL LAW
G.R. No. 169641 (2009), citing People v.
Calpito, G.R. No. 123298, (2003)]
Proof of Age
The age of the child shall be determined
according to the rules established by Section 7
of R.A. 9344:
1. Best evidence is an original or certified true
copy of certificate of live birth
2. In its absence, similar authentic documents
such as baptismal certificates and school
records showing the date of birth may be
used
3. In the absence of documents under 1 and 2
due to loss, destruction or unavailability, the
testimony of the child, a member of the
family related by affinity or consanguinity, of
other persons, the physical appearance of
the child, or other relevant evidence shall
suffice.
The person alleging the age of the child in
conflict with the law has the burden to prove
such age. In all cases involving a child, the
court shall make a categorical finding as to the
age of the child. [Sec. 7, R.A. 9344]
b. Intervention Program
Intervention
Refers to a series of activities which are
designed to address issues that caused the
child to commit an offense. It may take the form
of an individualized treatment program which
may include counseling, skills training,
education, and other activities that will enhance
his/her psychological, emotional and psycho-
social well-being. [Sec. 4(l), R.A. 9344]
Community-based Programs on Juvenile
Justice and Welfare
Community-based programs on juvenile justice
and welfare shall be instituted by the LGUs
through the LCPC, school, youth organizations
and other concerned agencies.
The LGUs shall provide community–based
services which respond to the special needs,
problems, interests and concerns of children
U.P. LAW BOC CRIMINAL LAW I
and which offer appropriate counselling and
guidance to them and their families.
These programs shall consist of three levels:
1. Primary intervention - includes general
measures to promote social justice and
equal opportunity, which tackle perceived
root causes of offending;
2. Secondary intervention - includes
measures to assist children at risk; and
3. Tertiary intervention - includes measures
to avoid unnecessary contact with the
formal justice system and other measures to
prevent re-offending. [Sec. 19, R.A. 9344]
When Applied
If it has been determined that the child taken
into custody is fifteen (15) years old or below
[Sec. 20, R.A. 9344].
Duty of Authorities [Sec. 20, R.A. 9344]
The authority which will have an initial contact
with the child has the duty to:
1. Immediately release the child to the custody
of his/her parents or guardian, or in the
absence thereof, the child’s nearest
relative.
Exception: If the parents, guardians or
nearest relatives cannot be located, or if
they refuse to take custody, the child may be
released to a:
i. Duly registered nongovernmental or
religious organization;
ii. Barangay official or a member of
Barangay Council for the Protection of
Children (BCPC); or
iii. Local social welfare and development
officer; or when and where appropriate,
the DSWD.
In such case, authorities shall give notice to
the local social welfare and development
officer who will determine the appropriate
programs in consultation with the child and
to the person having custody over the child.
2. If the child referred to herein has been found
by the Local Social Welfare and
Development Office (LSWD) to be
Page 107 of 286
CRIMINAL LAW
abandoned, neglected or abused by his
parents, or in the event that the parents will
not comply with the prevention program, the
proper petition for involuntary commitment
shall be filed by the DSWD or the LSWD
pursuant to P.D. 603 (The Child and Youth
Welfare Code).
c. Diversion
Diversion Program
Program that the child in conflict with the law is
required to undergo after he/she is found
responsible for an offense, without resorting to
formal court proceedings. [Sec. 4(j), R.A. 9344]
When Applied
If the child is over fifteen (15) years old but
below eighteen (18) years old and the child
acted with discernment [REYES, Book 1].
Also, the maximum penalty for the offense the
CICL is charged with, should be imprisonment
of not more than twelve (12) years, regardless
of the fine or fine alone regardless of the
amount. In such case, before arraignment of
the child in conflict with the law, the court shall
determine whether or not diversion is
appropriate. [Sec. 37, R.A. 9344]
System of Diversion [Sec. 23, R.A. 9344]
Children in conflict with law shall undergo
diversion programs without undergoing court
proceedings subject to the conditions herein
provided:
1. Where the imposable penalty for the
crime committed is not more than six (6)
years imprisonment
a. The law enforcement officer or Punong
Barangay, with the assistance of the
local social welfare and development
officer or other members of the LCPC,
shall conduct mediation, family
conferencing and conciliation
b. Where appropriate, indigenous modes of
conflict resolution are adopted in
accordance with the best interest of the
child with a view to accomplishing the
objectives of restorative justice and the
formulation of a diversion program.
U.P. LAW BOC CRIMINAL LAW I
c. The child and his/her family shall be
present in these activities.
2. In victimless crimes where the
imposable penalty is not more than six
(6) years imprisonment - the local social
welfare and development officer shall meet
with the child and his/her parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with the BCPC;
3. Where the imposable penalty for the
crime committed exceeds six (6) years
imprisonment - diversion measures may
be resorted to only by the court.
When There is No Diversion [Secs 27 and 28,
R.A. 9344]
There is no diversion in the following cases:
1. If the offense does not fall under Sec. 23 (a)
and (b)
a. Sec. 23 (a) – where the imposable
penalty is not more than 6 years
imprisonment
b. Sec. 23 (b) in victimless crimes where
the imposable penalty is not more than 6
years imprisonment
2. If the child, his/her parents or guardian does
not consent to a diversion
In the above cases, the following procedures
shall apply:
1. The Punong Barangay handling the case
shall forward the records of the case to the
proper authorities within 3 days, whereupon
the case shall be filed according to the
regular process.
2. The Law Enforcement officers and judicial
officers to determine whether or not the
child should remain under custody and
correspondingly charged in court.
d. Court Proceedings
Automatic Suspension of Sentence
Suspended Sentence is the holding in
abeyance of service of the sentence imposed
by the court upon a finding of guilt of the CICL
who will undergo rehabilitation.
Page 108 of 286
CRIMINAL LAW
Court shall determine the civil liability of a guilty
child under eighteen (18) y/o. Instead of
convicting the child, the court shall place the
CICL under suspended sentence. Suspension
of sentence shall be applied even if the juvenile
is already 18 years of age or more at the time
of the pronouncement of his/her guilt. [Sec. 38,
R.A. 9344].
However, the suspension of sentence lasts
only until the child in conflict with law reaches
the maximum age of 21 [Sec. 40, R.A. 9344].
Upon suspension of sentence and after
considering the various circumstances of the
child, the court shall impose the appropriate
disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict
with the Law. [Sec. 38, R.A. 9344]
CICL in suspended sentence
Children in conflict with the law, whose
sentences are suspended may, upon order of
the court, undergo any or a combination of
disposition measures best suited to the
rehabilitation of the child pursuant to Supreme
Court Rule on Juveniles in Conflict with the
Law.
If the community-based rehabilitation is availed
of by a child in conflict with the law, he/she shall
be released to parents, guardians, relatives or
any other responsible person in the
community. Under the supervision and
guidance of the LSWD officer, and in
coordination with his/her parents/guardian, the
child in conflict with the law shall participate in
community-based programs.
[Sec. 52, R.A. 9344]
Agricultural Camps and other Training
Facilities [Sec. 51, R.A. 9344]
A child in conflict with the law may, after
conviction and upon order of the court, be
made to serve his/her sentence, in lieu of
confinement in a regular penal institution, in an
agricultural camp and other training facilities
that may be established, maintained,
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

supervised and controlled by the BUCOR, in including any civil custody of

coordination with the DSWD. liability chargeable parent/guardian.
against him. [Sec. 20, R.A. 9344]
As regards the appellant’s possible
confinement in an agricultural camp or other However, instead of If there be none,
training facility in accordance with Section 51 pronouncing CICL shall be
of R.A. 9344, this Court held in People v. judgment of released to (a)
Jacinto that the age of the child in conflict with conviction, the court NGO/religious
the law at the time of the promulgation of the may suspend all organization (b)
judgment is not material. What matters is that further proceedings Barangay
the offender committed the offense when and shall commit official/BCPC (c)
he/she was still of tender age. [People v. such minor to the LSWD officer/DSWD
Gamboa, G.R. No. 172707 (2013)] custody or care of [Sec. 20, R.A. 9344]
the DSWD or to any
Hence, if the accused is already more than 21 training institution Child above 15 years
years old by the time of the pronouncement of operated by the but below 18 years of
his guilt, the Court has no choice but to render government, or duly age who acted with
judgment. Nonetheless, he may avail of Sec. licensed agencies discernment shall be
51, whereupon he may serve his sentence in or any other subjected to the
an agricultural camp or training facility. [People responsible person, appropriate
v Gamboa, G.R. No. 172707 (2013)] until he shall have proceedings:
reached 21 years of Intervention
P.D. 603 (The Child and Youth Welfare age or, for a shorter Programs
Code) as amended v. R.A. 9344 (Juvenile period as the court Diversion
Justice and Welfare Act of 2006) may deem proper. Programs
PD 603 RA 9344 [Sec. 189 and 192, [Sec. 38, R.A. 9344].
Circumstances for Exemption P.D. 603]
1. Child 9 years of Suspension of Sentence
age or under at No automatic Suspension of
time of Child 15 years of age suspension of sentence is
commission of or under shall be sentence. Youthful automatic. Instead of
offense exempt from criminal offender should pronouncing the
2. Child more than liability, regardless of apply for a judgment of
9 years old but whether or not s/he suspended conviction, the court
les than 15 at acted with sentence and it is shall place the child
the time of discernment discretionary on the in conflict with law
commission of court to approve the under suspended
offense However, child is application sentence, without
subject to [REYES, Book 1] need of application.
Except: If the child intervention program [Sec. 38, R.A. 9344].
acted [Sec. 20, R.A. 9344].
with discernment) Discharge [Sec. 39, R.A. 9344]
[Sec. 189, P.D. 603] The court shall dismiss the case against the
As to Proceedings child whose sentence has been suspended
Child over 9 years Child below 15 years and against whom disposition measures have
and under 15 years and below – case been issued, and shall order the final discharge
of age who acted w/ shall be immediately of the child:
discernment – court dismissed and the 1. Upon recommendation of the social worker
shall determine child shall be who has custody of the child; and
imposable penalty, returned to the

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

2. If it finds that the objective of the disposition The Court shall suspend
measures have been fulfilled. the proceedings and order
At the time
his confinement in a
of the trial
The discharge of the child in conflict with the hospital until he recovers
law shall not affect the civil liability resulting his reason.
from the commission of the offense, which shall Execution is suspended
be enforced in accordance with law. with regard to the personal
penalty only. If he recovers
At the time
Return of the Child in Conflict with the Law his reason, his sentence
of final
to Court [Sec. 40, R.A. 9344] shall be executed, unless
judgment or
In the following cases, the child in conflict with the penalty has prescribed.
while serving
the law shall be brought before the court for
sentence
execution of judgment: Payment of his civil or
1. If the court finds that the objective of the pecuniary liabilities shall
disposition measures imposed upon the not be suspended.
CICL have not been fulfilled; or [REYES, Book 1]
2. If the CICL has willfully failed to comply with
the conditions of his/her disposition or b. Minors
rehabilitation program.
Court shall determine the civil liability of a guilty
Credit in Service of Sentence child under eighteen (18) y/o. Instead of
The CICL shall be credited in the services of convicting the child, the court shall place the
his/her sentence with the full time spent in CICL under suspended sentence. Suspension
actual commitment and detention under R.A. of sentence shall be applied even if the juvenile
9344. [Sec. 41, R.A. 9344] is already 18 years of age or more at the time
of the pronouncement of his/her guilt. [Sec. 38,
d. Republic Act No. 10951 R.A. 9344].

The Act adjusts the value of property and
damage on which a penalty is based and the
fines imposed under the RPC. Under this Act
are adjustment on several children-related
felonies, namely Art. 277 and Art. 278.
NOTE: Changes in relevant provisions are
already integrated in prior discussions (e.g.,
amount of what constitutes light felonies under
Art. 9).
Suspension in Case of Insanity or Minority
a. Insane
When Accused becomes Insane
Scenario Effect
At the time He is exempt from criminal
of the liability.
commission
of the crime
See: Previous discussion of the Juvenile
Justice and Welfare Act.
Rules as to First-Time Minor Offenders
1. If the minor first-time offender complies
with the imposed rules, regulation, and
conditions of suspended sentence - the
Court upon favorable recommendation from
the Board, shall discharge the accused and
dismiss all proceedings. [Sec. 67, R.A.
9165]
a. The court will expunge all official records,
except confidential records retained by
the DOJ; such orders shall be
confidential and will restore the accused
to his prior status before the case.
b. Accused will not be held in
perjury/concealment/misrepresentation
in failing to acknowledge the case or its
facts in any inquiry for any purpose.
2. If the minor first-time offender violates
the rules, regulations, or conditions of

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U.P. LAW BOC CRIMINAL LAW I
his suspended sentence – the court shall
pronounce judgment of conviction and
he/she shall serve sentence as any other
convicted person. [Sec. 69, RA 9165]
3. In lieu of imprisonment, the court in its
discretion may place the accused under:
a. Probation – even if the sentence
provided under RA 9165 is higher than
that provided under existing law on
probation
b. Community Service
[Sec. 70, RA 9165]
Scenario Effect
[Sec. 70, RA 9165]
Probation Supervision and rehabilitative
surveillance shall be done by
the Board through the DOH in
coordination with Board of
Pardons and Parole and the
Probation Administration.
Upon compliance with probation
conditions, the Board shall
submit a written report to the
court recommending
termination of probation and a
final discharge of the
probationer, whereupon the
court shall issue such an order.
Community The community service shall be
Service complied with under conditions
determined by the court’s
discretion and upon the
recommendation of the Board
and shall apply only to violators
of Section 15 of this Act.
The Board shall supervise the
completion of the community
service in the period required by
the court. Thereafter, the Board
shall render a report re:
community service compliance.
The court in its discretion may
require extension of the
community service or order a
final discharge.
Page 111 of 286
CRIMINAL LAW
Confidentiality of Records
The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and
shall not be used for any purpose other than to
determine whether or not a person accused
under this Act is a first-time minor offender
[Sec. 71, RA 9164] .
In cases where either probation or community
service is applied, the judicial records shall also
remain confidential according provisions Sec.
60 and 64 of RA 9165 (Comprehensive
Dangerous Drugs Act of 2002). [Sec. 70, RA
9165]:
1. Under the Voluntary Submission
Program. Judicial and medical records of
drug dependents shall be confidential and
shall not be used against him for any
purpose, except to determine he has been
committed by himself, family or guardian to
the center under the submission program.
[Sec. 60, R.A. 9165]
2. Under the Compulsory Submission
Program. The records of a drug dependent
who was rehabilitated and discharged from
the Center under the compulsory
submission program, or who was charged
for the use of dangerous drugs [Sec. 15,
R.A. 9165], shall remain confidential
pursuant to Sec. 60 of the act.
HOWEVER, the records of a drug
dependent who was not rehabilitated, or
who escaped but did not surrender
himself/herself within the one (1) week [Sec.
59, R.A. 9165], shall be forwarded to the
court and their use shall be determined by
the court, taking into consideration welfare
of the public and the drug dependent. [Sec.
64, R.A. 9165]
Credit of Sentence
If the sentence promulgated by the court
requires imprisonment, the period spent in the
Center by the accused during the suspended
sentence period shall be deducted from the
sentence to be served. [Sec. 70, R.A. 9165]
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Limited Applicability of the RPC [Sec. 98, Correctional penalties

10 years
R.A. 9165] (except Arresto Mayor)
Notwithstanding any law, rule or regulation to Arresto Mayor 5 years
the contrary, the provisions of the RPC shall Prescriptive
not apply to the provisions of this Act, except in Crime
Period
the case of minor offenders. Where the Libel or other similar
offender is a minor, the penalty for acts 1 year
offenses
punishable by life imprisonment to death Oral Defamation and Slander
provided herein shall be reclusion perpetua to 6 months
by Deed
death.
Light Offenses
(e.g., arresto menor, public 2 months
6. Extinction of Criminal censure)
Liabilities Fine
Prescriptive
Period
a. Total Extinction Afflictive (Exceeds
15 years
P1,200,000)
Criminal liability is totally extinguished in Correctional (1,200,000 to
10 years
the following cases: [CP DeSAAM] P40,000)
1. Prescription of Crime Light (Less than P40,000) 2 months
2. Prescription of Penalty
3. Death of the convict NOTES:
4. Service of sentence a. Subsidiary penalty for nonpayment not
5. Amnesty considered in determining the period
6. Absolute pardon b. When fine is an alternative penalty higher
7. Marriage of the offended woman, as than the other penalty which is by
provided in Art. 344 of the RPC. imprisonment, prescription of the crime is
based on the fine. [People v. Basalo, 101
i. By Prescription of Crime Phil 57, 61 (1957), cited in REYES, Book 1]
c. When the penalty is a compound one, the
Prescription highest penalty is the basis of the
The loss by the State of the right to prosecute application of the rules in Art. 90. [People v.
and punish the crime or to demand the service Cruz, 108 Phil 255 (1960) cited in REYES,
of the sentence imposed. [Santos v. Book 1 at 868]
Superintendent, G.R. No. L-34334 (1930)]
Commencement Period for Computation
Ground for Motion to Quash General Rule: The running of the prescriptive
Under the Rules of Court, the failure of the period should commence from the day
accused to assert the extinction of the offense following the day on which the crime was
in a motion to quash shall not be deemed a committed. [People v. Del Rosario, 97 Phil 67,
waiver of such ground. Prescription of crime 70 (1955), cited in REYES, Book 1]
may be raised anytime including during appeal.
[Recebido v. People, G.R. No. 141931 (2000)] Exceptions:
1. Blameless ignorance doctrine: If violation
Prescription of Crimes [Art. 90, RPC] was not known at the time of its
Prescriptive commission, the prescription begins to run
Penalty Provided by Law
Period only from the discovery thereof.
Death, reclusion perpetua, [Presidential Ad-Hoc Fact Finding
20 years Committee on Behest Loans v.
or reclusion temporal
Other afflictive penalties 15 years

Page 112 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Ombudsman Desierto, GR No. 130140 2. When offender is absent from Philippine

(2011)] archipelago

NOTE: It is discovery of crime, NOT Prescription for Special Laws and

discovery of offender. The fact that the Municipal Ordinances [Sec. 1, Act No. 3326]
culprit is unknown will not prevent the period Prescriptive
of prescription from commencing to run. Penalty Provided by Law
Period
[REYES, Book 1]. It is not necessary that Imprisonment of 6 years
the accused be arrested. [People v. Joson, 12 years
and more
46 Phil. 380, 284, cited in REYES, Book 1] Imprisonment of 2 years
and more but less than 6 8 years
2. False testimony: From time principal case years
is finally decided. [People v. Maneja, 72 Phil Imprisonment for more
256 (1941), cited in REYES, Book 1] than 1 month, but less than 4 years
2 years
3. Election offenses
Imprisonment of not more
a. If the discovery is incidental to judicial
than 1 year
proceedings, prescription begins when
1 month
such proceedings terminate.
Fine 1 year
b. If the falsification committed by
Prescriptive
inspectors in connection with the Crime
counting of votes and preparation of period
election returns was known to the Violation of municipal
2 months
protestants and their election watchers ordinances
before the filing of the election protests, 5 years [Sec.
the period of prescription begins from the 281, National
Violation of National
date of commission of the offense. Internal
Internal Revenue Code
[People v. Cariño, 56 Phil 109 (1931), Revenue
cited in REYES, Book 1] Code of 1997]
Violations of orders,
60 days [Sec.
4. Continuing crimes: Prescriptive period decisions and regulations,
28, Public
cannot begin to run because the crime does of or conditions of
Service Act
not end. [Arches v. Bellasillo, 81 Phil 190 certificate of convenience
(C.A. No.
(1948), cited in REYES, Book 1] by the Public Service
146)]
Commission

Circumstances when computation of period NOTE: The above are not applicable where the
is interrupted [RPC, Art. 91] special law provides for its own prescriptive
1. Upon filing of complaint or information period. [Sec. 1, Act No. 3326]

It shall commence to run again when such ii. By Prescription of Penalty

proceedings terminate without the accused
being convicted or acquitted, or unjustifiably
stopped for any reason not imputable to the
accused.
Note: Termination must be final as to
amount to a jeopardy that would bar a
subsequent prosecution.
Prescription
The loss or forfeiture of the right of the
government to execute the final sentence after
the lapse of a certain period of time. [REYES,
Book 1]
Prescription of Penalties [Art. 92, RPC]

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Prescriptive 3. Convict goes to a foreign country with which

Penalty Imposed
Period the Philippines has no extradition treaty [Art.
Death and Reclusion 93, RPC]
20 years
Perpetua
Other Afflictive Penalties 15 years Even in cases where our government has
Correctional Penalties 10 years an extradition treaty with another country
Arresto Mayor 5 years but the crime is not included in the treaty, it
Light Penalties 1 year would interrupt the running of the
prescriptive period. [REYES, Book 1]
Elements for Application of Prescription of
Penalty 4. Convict commits any crime before the
1. Penalty is imposed by final judgment expiration of the period of prescription [Art.
2. Convict evaded service of sentence by 93, RPC]
escaping during the term of his sentence.
3. The convict who has escaped from prison 5. Convict accepts grant of conditional pardon.
has not given himself up, or been captured, [People v. Puntillas, G.R. No. 45269 (1938),
or gone to a foreign country with which we cited in REYES, Book 1]
have no extradition treaty or committed
another crime. Prescription of Crime v. Prescription of
4. The penalty has prescribed because of the Penalty
lapse of time from the date of the evasion of Prescription of Prescription of
service of the sentence by the convict. Crime Penalty
[REYES, Book 1] As to Right Forfeited
Right of the State to Right to execute the
NOTE: "Escape" in legal parlance and for prosecute penalty
purposes of Art. 93 and 157 of the RPC means As to Conviction
unlawful departure of prisoner from the limits of None; Prosecution There is already a
his custody. Clearly, one who has not been has not yet begun final and executory
committed to prison cannot be said to have judgment
escaped therefrom. [Del Castillo v. As to Commencement
Torrecampo, G.R. No. 139033 (2002)] From the day From the time the
following the day the convict evades
Commencement Date of Prescription crime was sentence or
Period committed or the detention
Period commences to run from the date when discovery of the
the culprit evaded the service of sentence. [Art. crime by the
93, RPC] offended party or the
authorities or their
When Interrupted agents
1. Convict gives himself up [Art. 93, RPC] [BOADO]

2. Convict is captured [Art. 93, RPC] iii. By Death of the Convict

NOTE: If the culprit is captured but he
evades the service of his sentence again,
the period of prescription that ran during the
evasion is not forfeited. The period of
prescription that has run in his favor should
be taken into account. [REYES, Book 1]
General Rule: Death of the accused pending
appeal of his conviction extinguishes his
criminal liability as well as the civil liability
based solely thereon.
Exception: Claim of civil liability survives
notwithstanding the death of the accused, if the

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

same may also be predicated on a source of
obligation other than delict, such as law,
contracts, quasi-contracts and quasi-delicts.
[People v. Bayotas, G.R. No. 102007 (1994)]
iv. By Service of Sentence
v. By Amnesty
An act of the sovereign power granting oblivion
or general pardon for a past offense. [Brown v.
Walker, 161 U.S. 602 (1896), cited in REYES,
Book 1]
Although pardon restores his eligibility for
appointment to that office, the pardoned
convict must reapply for a new appointment.
[Monsanto v. Factoran, G.R. No. 78239
(1989)]
2. Culprit is not exempt from payment of civil
indemnity imposed upon him by the
sentence. [Art. 36, RPC]
Limitations on Pardoning Power [ACNI]
1. Power can be exercised only After
Conviction.

Erases not only the conviction but the crime Thus in applying for pardon, the convict
itself. [Art. 89, par. 3, RPC] must Not appeal the judgment of conviction
or the appeal must be abandoned.
It is granted to classes of persons or
communities who may be guilty of political 2. Power does not extend to cases of
offenses, generally before or after the Impeachment. [Cristobal v. Labrador, G.R.
institution of the criminal prosecution and No. 47941 (1940)]
sometimes after conviction. [People v. Casido,
G.R. No. 116512 (1997), citing Barrioquinto v. NOTE: The pardoning power of the President
Fernandez, G.R. No. L-1278 (1949)] cannot be limited by legislative action. Arts. 36-
41 only operates as a procedural proscription.
vi. By Absolute Pardon [Risos-Vidal v. COMELEC and Estrada, G.R.
No. 206666 (2015)]
Pardon
It is an act of grace, proceeding from the power Amnesty v. Absolute Pardon
entrusted with the execution of the laws. It Amnesty Absolute Pardon
exempts the individual from the penalty of the As to Scope
crime he has committed. [REYES, Book 1] Blanket pardon to
Includes any crime
classes of persons
Absolute pardon and is exercised
guilty of political
individually
The total extinction of the criminal liability of the offenses
individual to whom it is granted without any As to Time of Exercise
condition. It restores to the individual his civil May still be
and political rights and remits the penalty Person is already
exercised before
imposed for the particular offense of which he convicted
trial or investigation
was convicted. [Sec. 2(q), Revised Rules and As to Nature
Regulations of the Board of Pardons and Looks forward. He is
Parole] relieved from the
Looks backward. It consequences of the
Other Effects of Pardon is as if he has offense, but rights
1. Does not work the restoration of the right to committed no are not restored
hold public office or the right of suffrage, offense. unless explicitly
unless such rights be expressly restored by provided by the
the terms of the pardon. [Art. 36, RPC] terms of the pardon.
As to Burden of Proof

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Private act of the Pardon of Offended Party in Offenses Other

Public act which the President and must than those in Art. 344
court shall take be pleaded and Only civil liability is extinguished. A crime
judicial notice of proved by the person committed is an offense against the State. Only
pardoned the Chief Executive can pardon the offenders.
As to Requirement of Final Judgment [Art. 23, RPC]
Valid only when Valid if given either
there is final before or after final b. Partial Extinction
judgment judgment
As to Effect on Recidivism Criminal liability is partially extinguished in
Recidivism cannot the following cases: [CoCoGS PaP]
be applied to crimes 1. Conditional pardon
committed Recidivism applies. 2. Commutation of sentence
subsequent to Pardon does not 3. Good conduct allowances
another crime for erase effects of 4. Special time allowance for loyalty
which the offender conviction. [U.S. v. 5. Parole
was granted Sotelo, G.R. No. 6. Probation
amnesty. Amnesty 9791 (1914)]
erases conviction i. By Conditional Pardon [Art. 95,
and its effects. [Art. RPC]
89, par. 3, RPC]
As to Effect on Civil Liability Conditions
Both do not extinguish civil liability. Any person who has been granted conditional
pardon shall incur the obligation of complying
vii. By the marriage of the offended strictly with the conditions imposed therein
woman and the offender in the otherwise. [Art. 95, RPC],
crimes of rape, abduction,
seduction and acts of If delivered and accepted, it is a contract
lasciviousness [Art. 344, RPC] between the executive and the convict that the
former will release the latter upon compliance
General Rule: A pardon of the offended party with the condition. [REYES, Book 1]
does not extinguish criminal action [Art. 23,
RPC] Effect of Non-Compliance
Non-compliance with any of the conditions
Exception: As to those mentioned under Art. specified shall result in the revocation of the
344 pardon and the penalty of prision correccional
in its minimum period shall be imposed upon
Effect of Marriage [Art. 344, RPC] the convict. However, if the penalty remitted by
1. Marriage of the offender with the offended the granting of such pardon be higher than 6
party in seduction, abduction, acts of years, he shall then suffer the unexpired
lasciviousness and rape, extinguishes portion of his original sentence. [Art. 159, RPC]
criminal action or remits the penalty already
imposed. Conditions Explicitly Stipulated
2. It also extinguishes the criminal actions Pardon itself must be explicitly imposed. A
against the co-principals, accomplices, and “whereas” in the preamble of the pardon stating
accessories. that “Joseph Ejercito Estrada has publicly
committed to no longer seek any elective
position or office” does not make the pardon
conditional. [Risos-Vidal v. COMELEC and
Estrada, supra.]

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

ii. By Commutation Of Sentence Who Grants Time Allowances under Arts.

[Art. 96, RPC] 97 & 98
1. Director of the Bureau of Corrections
The commutation of the original sentence for 2. Chief of BJMP
another of a different length and nature shall 3. Wardens of provincial, district, municipal
have the legal effect of substituting the latter in and city jails [Art. 99, RPC as amended by
the place of the former [Art. 96, RPC] R.A. 10592]

Good Conduct Allowances

iii. Allowance for Good Conduct Time in Penal Deduction from period
which Culprit May Earn while He Institution of sentence
is Serving Sentence [Art. 97, 20 days for each month
First 2 years
RPC] of good behavior
23 days for each month
Applicability 3rd to 5th year
of good behavior
General Rule: Allowance is granted to any Following years 25 days for each month
prisoner in: until 10th year of good behavior
1. Penal institution 11th and
2. Rehabilitation or detention center 30 days for each month
successive
3. Other local jail [Art. 97, RPC as amended by of good behavior
years
R.A. 10592] 15 days for each month
Any time during
of study, teaching or
Exceptions: The allowance is not applicable period of
mentoring service time
to: imprisonment
rendered
1. Recidivists [Art. 97, RPC as amended by R.A. 10592]
2. Habitual delinquents
3. Escapees iv. Special Time Allowance (Art. 98)
4. Persons charged with heinous crimes [Art.
29 RPC as amended by R.A. 10592] Special Time Allowance
Deduction in the period of the sentence of a
Effect prisoner during the calamity or catastrophe
Computation of preventive imprisonment for mentioned in Art. 158 (i.e. conflagration,
purposes of immediate release shall be the earthquake, explosion or similar catastrophe;
actual period of detention with good conduct or mutiny in which he has not participated). [Art.
time allowance. Provided, if the accused is 98, RPC]
absent without justifiable cause at any stage of
the trial, the court may motu proprio order the Deduction from
rearrest of the accused. [Art. 29, RPC as Scenario
Period of Sentence
amended by R.A. 10592] When prisoner, having
evaded his sentence,
Effect of Appeal gives himself up to
Appeal does not deprive entitlement to good authorities within 48 hours
1/5 of period of
conduct allowance. [Art. 97, RPC as amended following issuance of
sentence
by R.A. 10592] proclamation by Chief
Executive announcing the
passing away of the
NOTE: Allowance for good conduct, once calamity
granted, cannot be revoked. [REYES, Book 1] When prisoner chooses to
2/5 of period of
stay in place of
sentence.
confinement.
[Art. 98, RPC]

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Special time allowance for loyalty applies to Civil liability arising from an offense, however,
any prisoner whether undergoing preventive may be the subject of compromise. Such
imprisonment or serving sentence. [Art. 98 compromise shall not extinguish the imposition
RPC as amended by R.A. 10592] of the legal penalty. [Art. 2034, New Civil Code]

v. By Parole 7. Civil Liabilities Arising from

Parole Criminal Cases
The conditional release of an offender from a
correctional institution after he has served the a. General Rule
minimum of his prison sentence. [Sec. 2(l),
Revised Rules and Regulations of the Board of Art. 100. Civil liability of a person guilty of
Pardons and Parole] felony. - Every person criminally liable for a
felony is also civilly liable.
vi. By Probation
Basis of Civil Liability
Probation An act or omission xxx gives rise to civil liability
A disposition under which a defendant after because it caused damage to another.
conviction and sentence is released subject to Additionally, what gives rise to civil liability is
conditions imposed by the court and to the the obligation and the moral duty of everyone
supervision of a probation officer. [Sec. 3(a), to repair or make whole the damage caused to
P.D. 968 (Probation Law)] another, by reason of his own act or omission,
whether done intentionally or negligently.
c. Compromise and Affidavit of [Chua v. CA, G.R. No. 150793 (2004)]
Desistance
Every person who, contrary to law, willfully or
negligently causes damage to another, shall
Criminal liability cannot be the subject of a
indemnify the latter for the same. [Art. 20, CC.]
compromise, for a criminal case is committed
against the People, and the offended party may
When Imposable
not waive or extinguish the criminal liability.
If the felony committed did not cause any
Compromise is not one of the grounds
damage to another, the offender is not civilly
prescribed by RPC for the extinction of criminal
liable even if he is criminally liable for the felony
liability. [Trinidad v. Ombudsman, G.R. No.
committed. [REYES, Book 1]
166038 (2007); Art. 2034, New Civil Code; Art.
23, RPC.]
Exemption from criminal liability does not
include exemption from civil liability. [Rule 111,
Courts disfavor affidavits of desistance or
Sec. 2(4), Revised Rules of Criminal
retraction [People v. Orje, G.R. No. 189579
Procedure]
(2011) citing People v. Soriano, G.R. No.
178325 (2008), 546 SCRA 514, 521; citing
Effect of Acquittal in Criminal Action
People v. Alicante, 388 Phil. 233, 258 (2000)]
General Rule: The court may acquit an
as they can be easily secured from poor or
accused on reasonable doubt and still order
ignorant witnesses, usually for monetary
payment of civil damages already proved in the
considerations or threats of violence. There
same case without need for a separate civil
must be other circumstances which, when
action. The reason for this is that the accused
coupled with retraction or desistance, creates
has already been accorded due process.
doubt as to the truth of the plaintiff’s testimony.
[Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97
[People v. Orje, G.R. No. 189579 (2011)]
(1986)]

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Exceptions: When Civil Effect

1. Acquittal in the criminal action for Action [Rule 111, Sec. 2,
negligence does not preclude the offended is Instituted Rules of Court]
party from filing a separate civil action to Civil action is suspended
recover damages, based on the new theory until final judgment is
that the act is a quasi-delict [REYES; Book rendered in the criminal
Before
1 Art. 2177, NCC]. action.
criminal
2. Facts from which the civil action might arise The civil and criminal
action has
do not exist (e.g., the defendant was actions may be
commenced
acquitted because he was not the consolidated so that they
perpetrator of the felony) [REYES, Book 1] are tried and decided
jointly.
Determination of Civil Liability [WRIP] Cannot be instituted until
General Rule: Civil liability arising from the After criminal
after final judgment has
commission of the felony is deemed instituted action has
been rendered in the
with the criminal action. [Rule 111, Sec. 1(a), commenced
criminal action.
ROC]
Said rule applies only when the plaintiff in the
With the implied institution of the civil action in civil action is the offended party in the criminal
the criminal action, the two actions are merged action and both cases arise from the same
into one composite proceeding, with the offense.
criminal action predominating the civil. [Quinto
v. Andres, G.R. No. 155791 (2005)] Independent Civil Actions
An independent civil action may be filed in the
Exceptions: When the offended party: following cases:
1. Waives his right to file a civil action 1. Violations of fundamental rights [Art. 32,
2. Reserves his right to Institute it separately, NCC.]
or 2. Defamation, fraud and physical injuries [Art.
3. Institutes the civil action Prior to the criminal 33, NCC.]
action. 3. Failure or refusal of a member of the police
force to render aid or protection to any
Reservation of Right to File person in case of danger to life or property
A reservation of the right to file a separate civil [Art. 34, NCC.]
action only gives the party aggrieved the right 4. When there is fault or negligence, there
to choose under which body of laws he must being no pre-existing contract between the
bring the civil action, either under the: parties (quasi-delict). [Art. 2176, NCC]
1. RPC – where the recovery may be
defeated by proof that the acts on which the NOTE: Responsibility for quasi-delicts is
action is based do not exist, or separate from civil liability arising from
2. New Civil Code – where the same proof is negligence under the RPC, but the plaintiff
required to preclude recovery, or proof of cannot recover damages twice from the
diligence in the selection and employment same act or omission. [Art. 2177, CC.]
of the employee.
b. What Civil Liability Includes
Institution of Separate Civil Action
Commencement of criminal action is not a What is Included in Civil Liability [Art. 104,
condition precedent to the filing of civil action RPC]
arising from a crime. However, civil action The civil liability established in Arts. 100, 101,
arising from crime cannot be instituted in 102, and 103 of this Code includes:
the following cases:

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U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

1. Restitution; ii. Reparation

2. Reparation of the damage caused; and
3. Indemnification for consequential damages.
i. Restitution
Restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration or diminution of value as
determined by the court. [Art. 105, RPC]
NOTE: Restitution should apply when offense
is proven, even if accused is acquitted. [People
v. Alejano, G.R. No. L-33667 (1930)]
General Rule: The thing itself shall be
restored, even though it be found in the
possession of a third person who has acquired
it by lawful means.
Exception: In cases where the thing has been
acquired by the third person in the manner and
under the requirements which, by law, bar an
action for its recovery. [Art. 105, RPC]
The court shall determine the amount of
damage, taking into consideration the price of
the thing, whenever possible, and its special
sentimental value to the injured party, and
reparation shall be made accordingly. [Art. 106,
RPC]
This applies when restitution is not possible.
[People v. Dalena, G.R. Nos. 11387-R and
11388-R (1954) cited in REYES, Book 1]
Computation [Art. 106, RPC]
REPARATION = actual value of lost item
which cannot be recovered + sentimental
value to original owner
iii. Indemnification
Indemnification for consequential damages
shall include not only those caused the injured
party, but also those suffered by his family or
by a third person by reason of the crime. [Art.
107, RPC]

Hence, restitution may not be allowed in the Indemnity v. Restitution

following cases: Restitution is applicable to crimes against
a. If the possessor of a movable or of which property; whereas indemnity is applicable to
the owner has been unlawfully acquired, crimes against persons.
acquired it in good faith at a public sale, the
owner cannot acquire its return without Art. 104 (civil liabilities) v. Art. 38 (providing
reimbursing the price thereof. [Art. 559, CC.] for the order of payment of pecuniary
b. When purchaser is an innocent purchaser liabilities)
for value of a property covered by a Torrens Civil liabilities Pecuniary Liabilities
title [REYES, Book 1] (Art. 104) (Art. 38)
c. When a sale is authorized by the original Similarities
owner of the property. [REYES, Book 1] Reparation, indemnification
d. When liability to return a thing arises from a As to Restitution
contract, not from a criminal act. In such Restitution Not applicable
case, the court cannot order its return in the As to Fine and Costs
criminal case. [People v. Pantig, G.R. No. L- Fine, costs of
8325 (1955)] Not applicable
proceedings

If Thing is Damaged When Injuries are Sustained

If the value of the thing taken is decreased, the Actual damage from injuries = whatever he
court may order the offender to pay the amount spent to treat wounds + doctor’s fees +
representing deterioration. [People v. medicine + salary/wages unearned because
Mostasesa, G.R. No. L-5684 (1954)] of inability to work + damages due to loss of
limb/etc.

Page 120 of 286

U.P. LAW BOC CRIMINAL LAW I
Lost earnings
General Rule: There must be documentary
proof to support the indemnity for loss of
earning capacity.
Exceptions:
1. When the deceased is self-employed and
earning less than minimum wage; or
2. When the deceased was employed as a
daily wage worker earning less than
minimum wage. [People v. Mallari, G.R.
No. 145993 (2003)]
Computation:
Loss of Earning Capacity = [2/3 x (80 – age
of the deceased)] x [50% x annual gross
income]
If there is proof of actual amount of living
expenses, instead of using 50% of annual
gross income:
Net Gross Income = gross annual income –
living expenses
[Abrogar v. Cosmos Bottling Corporation, G.R.
No. 164749 (2017)]
Temperate Damages
Given when pecuniary losses were suffered
but amount cannot be proven with certainty.
Also, when income of victim is not sufficiently
proven. [Pleno v. Court of Appeals, G.R. No. L-
56505 (1988)]
Moral Damages
This includes physical suffering, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock,
social humiliation, and similar injury. [Art. 2217,
CC.]
It may be recovered in the following and
analogous cases: [Art. 2219, CC.]
1. Crime resulting to physical injuries
2. Seduction, abduction, rape, or other
lascivious acts
3. Adultery/concubinage
4. Illegal/arbitrary detention/arrest
5. Illegal search
6. Libel, slander, or any other form of
defamation
Page 121 of 286
CRIMINAL LAW
7. Malicious prosecution
For rape, moral damages may additionally be
awarded without need for pleading or proof of
the basis thereof. [People v. Arizapa, G.R. No.
131814 (2000)]
Exemplary Damages
Corrective damages are deterrent to serious
wrongdoings, and vindication of undue
sufferings. This is imposed when there are:
1. One or more aggravating circumstances; or
2. When crime is extremely reprehensible or
outrageous. [People v. Combate, G.R. No.
189301 (2010)]
However, plaintiff must first show he is entitled
to moral, temperate, or compensatory
damages before exemplary damages are
awarded. [Art. 2234, CC.]
Damages to be Awarded
The following damages is to be awarded for
crimes involving the death of victim where the
penalty imposed consists of indivisible
penalties (e.g., Murder, Parricide, Infanticide,
etc) or for simple/qualified rape. [People v.
Jugueta, G.R. No. 202124 (2016)]
Where the penalty imposed is death but
reduced to reclusion perpetua because
of RA 9346
Civil indemnity
Moral damages P100,000
Exemplary damages
Where the penalty imposed is reclusion
perpetua, other than the above-
mentioned
Civil indemnity
Moral damages P75,000
Exemplary damages
Attorney’s fees
When defendant’s act or omission has
compelled the plaintiff to litigate with third
persons or incur expenses to protect his
interest. [Art. 2208, CC.]
U.P. LAW BOC CRIMINAL LAW I
Interest
6% per annum. [Sps. Abella v. Abella, G.R. No.
195166 (2015)]
c. Persons Civilly Liable
Upon Whom Obligation Devolves [Art. 108,
RPC]
1. Obligation to make restoration, reparation
for damages, or indemnification for
consequential damages and actions to
demand the same – upon the heirs of the
person liable.
2. Action to demand restoration, reparation,
and indemnification - descends to the heirs
of the person injured.
Rules on Liability
1. If there are two or more persons civilly
liable for a felony - the courts shall
determine the amount for which each must
respond. [Art. 109, RPC]
2. Liability of principals, accomplices, and
accessories - each within their respective
class, shall be liable severally (in solidum)
among themselves for their quotas, and
subsidiaries for those of the other persons
liable.
Order of enforcement of liability: first
against the property of the principals; next,
against that of the accomplices, and, lastly,
against that of the accessories.
Right of person who paid: Right of action
against the others for the amount of their
respective shares. [Art. 110, RPC]
3. Liability of person who benefited from
the proceeds of the felony – any person
who has participated gratuitously in the
proceeds of a felony shall be bound to make
restitution in an amount equivalent to the
extent of such participation. [Art. 111, RPC]
Page 122 of 286
CRIMINAL LAW
In Case of Death of Offender
When Death Effect
Occurred
After final judgment Civil liability is
possible. [Rule 86,
ROC]
Before final Civil liability is
judgment dismissed. [Art.
89(1), RPC]
d. Extinction of Civil Liability
Offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact that
he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence or
any other reason. [Art. 113, RPC]
Modes of Extinguishing Civil Liability
Civil liability established in Arts. 100, 101, 102,
and 103 of the RPC shall be extinguished in the
same manner as obligations, in accordance
with the provisions of the Civil Law. [Art. 112,
RPC]
Obligations are extinguished:
a. By payment or performance;
b. By the loss of the thing due;
c. By the condonation or remission of the debt;
d. By the confusion or merger of the rights of
creditor and debtor;
e. By compensation;
f. By novation. [Art. 1231, CC]
e. Special Cases
i. Insanity, imbecility, and those
over 9 and below 15
Civil Liability of Parents of Minors
General Rule: A minor over 15 years of age
who acts with discernment is not exempt from
criminal liability, that is why the RPC is silent as
to the subsidiary liability of his parents. The
particular law that governs is Art. 2180 of the
Civil Code which provides, “the father and, in
U.P. LAW BOC CRIMINAL LAW I
case of his death or incapacity, the mother is
responsible for damages caused by the minor
children who live in their company.” [REYES,
Book 1]
Exception: Parents/guardians can avoid civil
liability by proving that there was no fault or
negligence on their part. [REYES, Book 1]
Civil Liability of Guardians
The persons having the insane or minor under
their legal authority or control are primarily
liable to pay the civil liability. If it is proven that
there was no fault or negligence on their part,
those exempted from the crime shall respond
with their own property not exempt from
execution. [Art. 2180(3), CC.]
ii. State of Necessity
There is no civil liability in justifying
circumstances except in par. 4 of Art. 11 (state
of necessity), wherein the person who was
benefited by the act which causes damage to
another is the one civilly liable. [Tan v.
Standard Vacuum Oil, G.R. No. L-4160 (1952)]
iii. Irresistible Force
Uncontrollable Fear
The persons using violence or causing the fear
are primarily liable. If there be no such persons,
those doing the act shall be liable secondarily.
[REYES, Book 1]
iv. Innkeepers and Similar Persons
General Rule: Innkeepers, tavernkeepers, and
any other persons or corporations shall be
civilly liable for crimes committed in their
establishments in the following cases:
1. In default of the persons criminally
liable
2. For the restitution of goods taken by
robbery or theft within their houses
from guests lodging therein.
Exception: No liability shall attach in case of
robbery with violence against or intimidation of
CRIMINAL LAW
persons unless committed by the innkeeper's
employees. [Art. 102, RPC]
Elements under Paragraph 1
a. Innkeeper, tavernkeeper, or proprietor of
establishment or his employee must have
committed a violation of municipal
ordinance or some general or special police
regulation.
b. Crime was committed in such inn, tavern or
establishment.
c. The person criminally liable is insolvent.
Elements under Paragraph 2
a. Guests notified the innkeeper or the person
representing him of the deposit of their
goods within the inn or house, in advance.
b. The guest followed the directions of the
innkeeper or his representative with respect
to the care of the vigilance over such goods.
c. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.
f. Subsidiary Liability of Other
Persons
and
Subsidiary liability shall also apply to
employers, teachers, persons, and
corporations engaged in any kind of industry
for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the
discharge of their duties [Art. 103, RPC].
Elements: [ETPC SePWA INSaC]
1. Employer, Teacher, Person or Corporation
is engaged in any kind of industry.
2. Any of their Servants, Pupils, Workmen,
Apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is Insolvent and has Not
Satisfied his civil liability.
4. Employee was Convicted in a criminal
action.
How Enforced
There must be a motion for subsidiary writ of
execution against the employer and upon proof
Page 123 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

that the employee is insolvent. [REYES, Book

1]

NOTES:
a. Private persons without business or industry
are not subsidiarily liable but may be
primarily liable under culpa aquiliana.
[Steinmetz v. Valdez, G.R. No. 47655
(1941) cited in Reyes, Book 1]
b. Employer has the right to take part in the
defense of his employee. [Miranda v. Malate
Garage & Taxicab, G.R. No. L-8943 (1956)]

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U.P. LAW BOC CRIMINAL LAW II CRIMINAL LAW

CRIMINAL LAW II
CRIMINAL LAW

Page 125 of 286

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Treason by a Filipino citizen - can be

II. CRIMES UNDER THE committed outside of the Philippines.
REVISED PENAL CODE b. Treason by an alien - must be
committed in the Philippines.
A. CRIMES AGAINST NATIONAL 4. Treason is a continuing offense – It is of
SECURITY AND THE LAW OF such a nature that it may be committed by
NATIONS [ARTS. 114-123] one single act, by a series of acts, or by
several series thereof, not only in a single
These crimes may be prosecuted although the time, but in different times, it being a
criminal act or acts were committed outside of continuous crime. [People v. Victoria, G.R.
Philippine territorial jurisdiction. No. L-369 (1947)]

This is one of the instances where the RPC Elements

may be given extraterritorial application Mode 2:
under Article 2 (5) thereof. However, Mode 1: Adherence to the
prosecution can proceed only if offender is: Levying War Enemy and Giving
a. Within Philippine territory, or [AWLAT] of Aid and Comfort
b. Brought to the Philippines pursuant to an [AWAG]
extradition treaty. 1. Offender is a Filipino or Resident alien
owing Allegiance to the Government of
General rule: Almost all of these are crimes the Philippines
committed only in times of war. 2. There is a War in which the Philippines
is involved
Exceptions: Offenses that can be committed 3. The offender 3. Offender Adheres
in times of peace: Levies war to the enemies
a. Espionage [Art. 117] – This is also covered against the and Gives them
by Commonwealth Act No. 616 which government aid or comfort
punishes conspiracy to commit espionage. 4. There must be
b. Inciting to War or Giving Motives for an actual
Reprisals [Art. 118] – This can be committed Assembly of
even if the Philippines is not a participant. men; and
c. Violation of Neutrality [Art. 119] – The 5. It is for the
Philippines is not a party to an on-going war. purpose of
executing a
1. Chapter I: Crimes against Treasonable
design by force
National Security [REYES]

a. Article 114 - Treason Allegiance

GENERAL CONCEPTS:
1. Treason – breach of allegiance to a
government, committed by a person who
owes allegiance to it [U.S. v. Abad, G.R. No.
976 (1902)]
2. Two (2) Modes of Commission [LA]:
a. Levying War
b. Adherence to the Enemy and Giving of
Aid and Comfort
3. Place of Commission
Obligation of fidelity and obedience which the
individuals owe to the government under which
they live or to their sovereign, in return for the
protection they receive. [REYES, citing 52 Am.
Jur. 797].
Allegiance can be [Laurel v. Misa, G.R. No. L-
409 (1947)]:
a. Permanent – obligation of fidelity and
obedience which a citizen or subject owes
to his government or sovereign.

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art. 114,
obedience which a resident alien owes to par.2, RPC]
his government. 1. Testimony of at least two witnesses to the
same overt act; or
Adherence 2. Confession of accused in open court.
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors The Two-Witness Rule
sympathies or convictions. [Cramer v. US, 65 The testimony of two witnesses is required to
Sup. Ct. 918 (1945)] prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Aid or Comfort Each of the witnesses must testify to the whole
An act which strengthens or tends to overt act; or if it is separable, there must be two
strengthen the enemy and an act which witnesses to each part of the overt act. [People
weakens or tends to weaken the power of the v. Escleto, G.R. No. L-1006 (1949)]
traitor’s country to resist or to attack the enemy.
[Cramer v. US, supra] Adherence may be proved [ONC]:
1. By One witness;
5. The overt act of aid and comfort to the 2. From the Nature of the act itself; or
enemy must be intentional. [Id.] 3. From the Circumstances surrounding the
act. [People v. Adriano, G.R. No. L-477
Acts not constituting treason (1947)]
6. “Commandeering" of women to satisfy the
lust of Japanese officers or men or to Aggravating Circumstances
enliven the entertainments held in their Aggravating Circumstances
honor. Sexual and social relations with the Not Allowable/
Japanese did not directly and materially Inherent
tend to improve their war efforts or to Allowable [ICAG]
Circumstances
weaken the power of the US. [People v. [EAT]
Perez, supra.] 1. Ignominy 1. Evident
7. Acceptance of public office and discharge of 2. Cruelty premeditation
official duties under the enemy [People v. 3. Amount or 2. Abuse of Superior
Sison, P.C. 42 O.G. 748] degree of aid strength
4. Gravity of 3. Treachery [People
As to the treatment of common crimes separate distinct v. Roble, G.R. No.
connected with the charge of Treason acts of treason L-433 (1949)]
General Rule: When the killings and other [REYES]
common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as Defenses Against Treason
separate crimes, or (b) as complexed with Defenses against Treason
treason. Acceptable [DL] Unacceptable [SL]
1. Duress or 1. Suspended
Exception: The rule would not preclude the uncontrollable allegiance and
punishment of murder or other common fear [El Pueblo change in
crimes, if the prosecution should elect to de Filipinas v. sovereignty
prosecute the culprit specifically for these Bagalawis, [Laurel v. Misa,
crimes, instead of relying on them as an G.R. No. L-262 G.R. No. L-409
element of treason. [People v. Prieto, G.R. No. (1947)] (1947)]
L-399 (1948)] 2. Lawful 2. Loss of
obedience to a citizenship by the

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

de facto mere joining of Rationale: There are persons who conspire to

Government army of the commit treason and the offender knew this and
[Go Kim Cham enemy [People v. failed to make the necessary report to the
v. Valdez, G.R. Manayao, G.R. government within the earliest possible time.
No. L-5 (1945)] No. L-322 (1947)] [REYES]

Punishment
b. Article 115 – Conspiracy and ● Punishment imposed is as an accessory to
Proposal to Commit Treason treason.
● However, the offender is still a principal to
the crime of misprision of treason. Hence,
Elements
Art. 20 of the RPC which provides for
Conspiracy to Proposal to
accessories who are exempt from criminal
commit Treason commit Treason
liability does not apply in this case. [REYES]
[WaTLAD] [WOnLAP]
1. There is a War in which the Philippines is
Misprision of Treason v. Treason
involved
Misprision of
2. At least two 2. At least one
persons agree to: person decides to Treason Treason (Art. 114)
(Art. 116)
a. Levy war a. Levy war
against the against the As to the Offender
government; government; Offender is a Filipino Offender is a Filipino
or or Citizen or Resident alien
b. Adhere to the b. Adhere to the owing Allegiance to
enemies, enemies, the Government of the
giving them giving them Philippines
aid or comfort aid or comfort
Acts Punished
3. They decide to 3. That person What is punished is What is punished is
commit it proposes its the concealment or the act of:
execution to failure to disclose of a (1) levying war; or
other persons conspiracy to commit (2) adherence to the
treason enemy and the giving
of aid and comfort
The two-witness rule does not apply because Since the provision
this is a separate and distinct offense from that speaks only of
of treason. [US v. Bautista, G.R. No. L-2189 “knowledge of any
(1906)] conspiracy”, it
presupposes that the
c. Article 116 – Misprision of Treason crime of treason is
not yet consummated
Elements [CCC]: [REYES]
1. Offender is a Citizen of the Philippines As to the Penalty
2. He has knowledge of Conspiracy to commit
Penalty is equivalent Principal offender is
treason against the government
to that of an punished by prision
3. He Conceals or does not disclose and make
accessory to treason mayor to death and
known the same as soon as possible to the
shall pay a fine not to
governor or fiscal of the province in which
exceed P20,000
he resides, or the mayor or fiscal of the city
pesos
in which he resides

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Other distinctions between Mode 1 and

d. Article 117 – Espionage Mode 2
Mode 1 Mode 2
Punishable Acts [Two (2) Modes] [ED]
As to the Offender
1. By Entering, without authority therefor, a
warship, fort, or naval or military Offender can be any Offender should be a
establishment or reservation to obtain any person who has no public officer
information, plans, photographs, or other authority to obtain
data of a confidential nature relative to the information, plans,
defense of the Philippines etc.
2. Disclosing by public officer of confidential As regards the information
information to a foreign representative
Information need not Articles, data or
Elements be obtained. The information of
Mode 1: Mode 2: intention to obtain confidential nature are
Entering without Disclosing by information is disclosed.
Authority a Public Officer sufficient.
[EAPD] [PPD]
1. Offender Enters a 1. That the offender is Espionage v. Treason
Warship, Fort, or a Public officer; Espionage (Art. 117) Treason (Art. 114)
Naval or Military 2. That he has in his
Establishment or Possession the As to the Offender
Reservation; articles, data or Offender can be a citizen or an alien
[WaFoNaMER] information of a
2. He has no confidential nature When committed
Authority; relative to the May be committed Committed only in
3. His Purpose is to defense of the both in times of war times of war
obtain Philippines, by and in times of peace
information, reason of the public
How committed
plans, office he holds;
photographs or 3. That he Discloses May be committed in Limited to two (2) ways
other data of a their contents to a many ways of:
confidential representative of a a. Levying of war; and
nature foreign nation. b. Adhering to the
4. What is sought to enemy giving him
be obtained is aid or comfort
relative to the
Defense of the SECTION 2. PROVOKING WAR AND
Philippines. DISLOYALTY IN CASE OF WAR

e. Article 118 – Inciting to War or

Giving Motives for Reprisals

Elements [UPE]:
1. Offender performs Unlawful or unauthorized
acts
2. The acts:

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Provoke or give occasion for a war h. Article 121 – Flight to Enemy’s

involving or liable to involve the Country
Philippines; or
b. Exposure of Filipino citizens to reprisals Elements [WAAP]:
on their persons or property 1. There is a War in which the Philippines is
involved
f. Article 119 - Violation of Neutrality 2. Offender owes Allegiance to the
government
Elements [WRV] 3. Offender Attempts to flee or go to enemy
1. There is War in which the Philippines is not country.
involved 4. Going to the enemy country is Prohibited
2. There is a Regulation issued by a by competent authority
competent authority to enforce neutrality
3. Offender Violates the regulation NOTES:
● Aliens may be Guilty - The allegiance
g. Article 120 – Correspondence with contemplated in this article is either natural
Hostile Country or temporary allegiance. [REYES]
● Mere Attempt Consummates the felony
Elements [WC-PCU]: when prohibited by competent authority
1. There is War in which the Philippines is not consummates the felony. [REYES]
involved
2. Offender makes Correspondence with an SECTION 3. PIRACY AND MUTINY ON THE
enemy country or territory occupied by HIGH SEAS
enemy troops
3. The correspondence is either – i. Article 122 – Piracy in General and
a. Prohibited by the government, or Mutiny on the High Seas or in
b. Carried on in Ciphers or conventional Philippine Waters
signs; or
c. Containing notice or information which Elements of Piracy
might be Useful to the enemy Mode 1: Attacking
or seizing the Mode 2: Seizing
Qualifying Circumstance for (c): vessel the cargo [VNSI]
If the offender intended to aid the enemy by [VCASI]
giving such notice or information, the penalty 1. The Vessel is on the high seas or
will be the same as that for treason. Philippine waters
2. Offender may be 2. Offenders are
Correspondence a Complement or Neither members
This is communication by means of letters passenger of the of its complement
which pass between those who have friendly or vessel nor passengers of
business relations. the vessel
● Even if the correspondence contains 3. The Offenders 3. Offenders are
innocent matters, if the correspondence Attacks or Seizes Neither members
has been prohibited by the Government, it the vessel of its complement
is punishable. nor passengers of
● Prohibition by the Government is not the vessel
essential in instances (b) and (c). [REYES] 4. There is Intent to gain

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

High Seas 2. Whenever the pirates have Abandoned

The parts of the seas that are not included in
the exclusive economic zone, in the territorial
seas, or in the internal waters of a state, or in
the archipelagic waters of an archipelagic
state. [Convention on the Law of the Sea]
Jurisdiction
The jurisdiction of piracy unlike all other crimes
has no territorial limits. Pirates are in law
hostes humani generis. Piracy is a crime not
against any particular State but against all
mankind. It may be punished in the competent
tribunal of any country where the offender may
be found or into which he may be carried.
[People v. Lol-lo and Saraw, supra.]
their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by
Murder, Homicide, Physical injuries or
Rape
This is a special complex crime, regardless
of the number of victims. [People v. Siyoh,
G.R. No. L-57292 (1986)]
“Pirates”
It seems as if “pirates” in paragraph 2 should
actually be in paragraph 1 because in
paragraph 1, the mutineers, being already in
the vessel, cannot seize the vessel by boarding
or firing upon the same. [REYES]

Mutiny
Mutiny is usually committed by the other B. CRIMES AGAINST THE
members of the complement and may be FUNDAMENTAL LAWS OF THE
committed by the passengers of the vessel. STATE [ARTS. 124 - 133]
[REYES]
1. Chapter I: Arbitrary Detention or
Piracy v. Mutiny [REYES] Expulsion, Violation of Dwelling,
Piracy Mutiny
Prohibition, Interruption, and
As to the Attacker
Dissolution of Peaceful Meetings and
Persons who attack Persons who attack Crimes Against Religious Worship
the vessel or seize the vessel or seize
its cargo are its cargo are
SECTION 1 – ARBITRARY DETENTION OR
strangers to said members of the
EXPULSION
vessels crew or passengers
As to necessity of intent to gain
Intent to gain is Intent to gain is not a. Article 124 - Arbitrary Detention
essential essential. The
offenders may only Arbitrary Detention [Art. 124, RPC]
intend to ignore the Any public officer or employee who without
ship’s officers or legal grounds detains a person.
they may be
prompted by a Elements [PWD]:
desire to commit 1. Offender is a Public officer or employee
plunder. 2. He Detains a person
3. Detention is Without a legal ground;
detention is without legal ground if not made
j. Article 123 – Qualified Piracy under the following circumstances [CIA]:
a. Upon the Commission of a crime;
Qualifying Circumstances [B-FA-MHPR]: b. Violent Insanity; or
1. Whenever the vessel is seized by Boarding c. Any other Ailment requiring compulsory
or Firing upon the same; confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Public officer or employee valid warrantless arrests under Sec. 5,

The public officers must be vested with Rule 113 [REYES]
authority to detain or order the detention of
persons accused of a crime (i.e. policemen and b. Article 125 - Delay in the Delivery
other agents of the law, the judges or mayors of Detained Persons to the Proper
and barangay captains). [Milo v. Salanga, G.R. Judicial Authorities
No. L-37007, (1987)]
Elements [PDF-12-18-36]:
Detention
1. Offender is a Public officer or employee
Refers to the actual confinement of a person in
2. He Detains a person for some legal ground
an enclosure, or in any manner detaining and
(includes valid warrantless arrests)
depriving him of his liberty [People v. Flores,
3. He Fails to deliver such person to the proper
G.R. No. 116488, (2001), citing People vs.
judicial authorities within –
Gungon, G.R. No. 119574 (1998)].
a. 12 hours for light penalties
b. 18 hours for correctional penalties
It can refer to both physical and psychological
c. 36 hours for afflictive or capital penalties
restraint [People v. Fabro, G.R. No. 208441
(1998)].
Delivery
It may also mean constructive delivery (e.g.,
Periods of Detention Penalized:
by the filing of the correct information with the
More proper court) or the turning over the person
More
than 15 arrested to the jurisdiction of the court. The
than 3
Has not days Exceede purpose is to determine whether the offense is
days but
exceeded but not d6 bailable or not. [Sayo v. Chief of Police, G.R.
not more No. L-2128 (1948)]
3 days more months
than 15
than 6
days When a Judge is not Available
months
Where a judge is not available, the arresting
Arresto Prision Prision Reclusion officer is duty bound to release the person
Mayor in Correcion Mayor temporal detained, if the maximum hours for detention
its al in its provided under Art. 125 of the RPC have
maximum medium already expired. [Albior v. Auguis, A.M. P-01-
period to period 1472 (2003)]
prision and
correcional maximum Period to Deliver
in its periods. General Rule: Delivery should be made within
minimum 12, 24, or 36 hours, depending on the
period imposable penalty

NOTES: Exception: For those charged with or is

suspected of terrorism or conspiracy to commit
1. Minimum period for arbitrary detention
terrorism, applicable period is 3 days (Sec. 19,
– Art 124 does not fix the minimum period
of detention [US v. Braganza, G.R. No. L- R.A. 9372).
3971].
Computation of periods
2. Arbitrary detention may be committed
through imprudence [People v. Misa, An election day or special holiday, should not
G.R. No. 93485, (1994)] be included in the computation of the period
3. Usual Cause of Arbitrary Detention – prescribed by law for the filing of
Arrest without a search warrant, except

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complaint/information in courts in cases of a. Service of the notice of the judicial or

warrantless arrests, it being a ‘no-office day’
[Soria v. Desierto, GR No. 153524 (2005),
citing Medina v. Orozco, G.R. No. L-26723
(1966)]
Circumstances considered in determining
the liability of the offender [MH-OTI]
1. Means of communication;
2. Hour of arrest; and
3. Other circumstances such as:
a. Time of surrender;
b. Material possibility for the fiscal to make
the Investigation file in time the
necessary information [Sayo v. Chief of
Police, G.R. No. L-2128 (1948)]
Waiver of the Provisions of Article 125
Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with Rule 112 of
the Revised Rules of Criminal Procedure, but
he must sign a waiver of the provisions of
Article 125 of the RPC in the presence of his
counsel. [Rule 112, Sec. 7 par.2]
Arbitrary Detention vs. Delay in Delivery
Arbitrary Delay in Delivery of
Detention (Art. Detained Persons
124) (Art. 125)
executive order for the release of the
prisoner or detention prisoner;
b. Performance of such judicial or
executive order for the release of the
prisoner or detention prisoner; or
c. Proceedings upon a petition for the
release of such person
Wardens and jailers are the public officers
most likely to violate Article 126 [REYES, Book
2, p. 63].
d. Article 127 – Expulsion
Elements [P-EC-N]:
1. Offender is a Public officer or employee
2. He either:
a. Expels any person from the Philippines;
or
▪ Can be committed only against an
alien [AMURAO]
b. Compels a person to change residence
▪ Can be committed against either
aliens or Filipino citizens (Id.)
3. Offender is Not authorized to do so by law
NOTE: Only a court, by final judgment, can
compel a person to legally change his
residence [Villavicencio v. Lukban, (1919)].

No warrant of No warrant of arrest, SECTION 2 - VIOLATION OF DOMICILE

arrest BUT arrest was made
with legal ground/s. e. Article 128 – Violation of Domicile

From the The detention is legal Elements [PN-ESR] :

beginning, the in the beginning, BUT 1. Offender is a Public officer or employee
detention is illegal the illegality of the 2. He is Not authorized by judicial order
detention starts from 3. He performed the following acts:
the expiration of any a. Entered the dwelling against the will of
of the periods the owner;
specified in Art. 125. b. Searched for papers or other effects
therein without the previous consent of
such owner; or
c. Article 126 - Delaying Release c. Refused to leave the premises, after
having surreptitiously entered such
Elements [P-DSPP]: dwelling and having been required to
1. Offender is a Public officer or employee leave the same.
2. Offender without good reason Delays the:

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Qualifying circumstances [N-Nr] [Art. 128, 2. Exceeding his authority or by using

(2), RPC]: unnecessary severity in executing a search
1. Nighttime; or warrant legally procured
2. Papers or effects not constituting evidence
of a crime are Not returned immediately Elements
after the search
Mode 1: Mode 2:
Procuring Search Exceeding
Mode 1 - Entrance to dwelling against the
Warrant Without Authority or
will of the Owner
Just Cause Using
● Dwelling – a building or structure,
[PSC] Unnecessary
exclusively used for rest and comfort
Severity in the
[REYES, Book 1]
Execution [PSE]
● Against the Will of the Owner -
presupposes opposition or prohibition by 1. Offender is a Public officer or employee
the owner, whether express or implied, and 2. He procures a 2. He has already
not merely the absence of consent Search warrant legally procured a
[REYES, Book 2] Search warrant
3. There is no just 3. He Exceeds his
Mode 2 - Search without previous consent Cause authority or uses
of owner unnecessary
● Search – the examination of a person’s NOTE: There is no severity in
body or property or other area that a person just cause when it executing the
would reasonably expect to consider as appears on the face same
private, conducted by a law enforcement of the affidavits filed
officer for the purpose of finding evidence in support of the
of a crime. application, or
● Silence of the Owner during the through other
Warrantless Search - may show implied evidence, that the
waiver. [REYES, Book 2] applicant had every
reason to believe
NOTES: that the search
● Inhabitant is Sufficient – although the warrant sought for
codes speaks of the owner of the premises, was unjustified
an inhabitant would be sufficient if he is the [REYES]
lawful occupant of the dwelling
[REGALADO]
● Not Authorized by Judicial Order - when
g. Article 130 - Searching Domicile
he is not armed with a search warrant duly Without Witnesses
issued by the court [Id]
Elements [PASO]:
f. Article 129 - Search Warrants 1. Offender is a Public officer or employee
2. He is Armed with search warrant legally
Maliciously Obtained and Abuse in
procured
the Service of those Legally 3. He Searches the domicile, papers or other
Obtained belongings of any person
4. The Owner, or any members of his family,
Two (2) Modes of Commission: or two witnesses residing in the same
1. Procuring a search warrant without just locality are not present
cause; or

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o Witnesses - must be of sufficient age others, any petition to the authorities for
and discretion residing within the same the
locality [Rule 126, Sec. 8, Rules of Court] ▪ Correction of abuses; or
▪ Redress of grievances
Rationale: Search in the presence of
witnesses specified by the law is mandatory to Disturbance of a Municipal Council Meeting
ensure regularity in the execution of the search Interrupting and dissolving the meeting of a
warrant [People v. Gesmundo, G.R. No. 89373 municipal council by a public officer is a crime
(1993)] against a legislative body, which is in violation
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
Crimes under Section Two - Violation of No. 18853 (1922)]
Domicile, Distinguished
SECTION 4 - CRIMES AGAINST RELIGIOUS
Search
WORSHIP
Warrants Searching
Violation of Maliciously Domicile
Domicile Obtained or Without i. Article 132 - Interruption of
(Art. 128) Abuse in its Witnesses Religious Worship
Service (Art. 130)
(Art. 129) Elements [PRD]:
1. Offender is a Public officer or employee
NO warrant A warrant is A warrant is 2. Religious ceremonies or manifestations of
is present. present, BUT: present, BUT any religion are about to take place or are
(1) warrant was there was a going on
maliciously defect in its 3. Offender prevents or disturbs the same
obtained; or (2) implementatio
there was n Qualifying circumstance:
abuse in its If the crime is committed with violence or
execution threats.

SECTION 3 – PROHIBITION, Actual Religious Ceremony Must be

INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
h. Article 131 - Prohibition,
Interruption and Dissolution of
Peaceful Meetings
Elements [OP - PHA]:
1. Offender is a public officer or employee
2. He Performs any of the following acts:
a. Prohibiting, interrupting, or dissolving,
without legal ground, the holding of a
peaceful meeting
b. Hindering any person from:
▪ Joining any lawful association; or
▪ Attending any of its meetings
c. Prohibiting or hindering any person from
Addressing, either alone or together with
Conducted
There must actually be a religious ceremony
being conducted on that occasion, either by
itself or in conjunction with some other activity
of the religious denomination. If the offense
was committed only in a meeting or rally of a
sect, it would be punishable under Art. 131.
[People v. Reyes, G.R. No. 13633 (1955)]
j. Article 133 - Offending the
Religious Feelings
Elements [PD - NO]:
1. Acts complained of were performed
a. In a Place devoted to religious worship,
or
b. During the celebration of any religious
ceremony

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. The acts must be Notoriously Offensive to

the feelings of the faithful C. CRIMES AGAINST PUBLIC
ORDER [ARTS. 134 - 160]
“Place devoted to religious worship” is
separated by the word “or” from “During
the Celebration” 1. Chapter I: Rebellion, Coup
If the acts were performed in the place of d’etat, Sedition, and
worship, it is not necessary that there is a Disloyalty
religious ceremony going. Similarly, so long as
there is a “religious ceremony”, it need not be a. Article 134 - Rebellion or
celebrated in a place of worship. [REYES,
Insurrection
Book 2]
Elements: [PA-PRD]
Acts Notoriously Offensive to Feelings
1. There is a Public uprising
[RWP]:
2. There must be taking of Arms against the
1. Ridicules or makes light of anything
government
constituting religious dogma
3. The Purpose of the uprising or movement is
2. Works or scoffs at anything devoted to
to:
religious ceremonies
a. Remove from the allegiance to the
3. Plays with or damages or destroys any
government or its laws the Philippine
object of veneration of the faithful [People v.
territory or any part thereof, or any body
Baes, G.R. No. L-46000 (1939)]
of land, naval, or other armed forces; or
b. Deprive the Chief Executive or
Whether or not an act is offensive to the
Congress, wholly or partially, of any of
religious feelings is a question of fact which
their powers or prerogatives.
must be adjudged only according to the
feelings of the Catholics and not those of other
The crime of rebellion is consummated
faithful ones. [Id]
At the very moment a group of rebels rise
publicly and take arms against the government
Interruption of Religious Worship vs.
for the purpose of overthrowing the same by
Offending the Religious Feelings
force. [REYES, Book 2]
Interruption of Offending the
Religious Worship Religious Feelings
[Art. 132] [Art. 133] Principle of Absorption
All crimes, whether punishable under special or
As to the offender general law, which are mere components or
ingredients, or committed in furtherance
Public officer or Any person, whether thereof, become absorbed in the crime of
employee a public officer or rebellion and cannot be isolated and charged
private individual as separate crimes themselves. [People v.
[REGALADO] Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)]

The following does not constitute

Rebellion:
● Mere Silence or Omission [US v. Ravidas,
G.R. No. 1503 (1903)]
● Membership in a rebel organization does
not automatically qualify as rebellion. It must

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be conclusively demonstrated that criminal b. Article 134-A - Coup d’État

acts were committed in furtherance of
rebellion [People v. Lovedioro, G.R. No. Elements: [MSAS]
112235 (1995)] 1. Offender is a person or persons belonging
to the Military or police or holding any public
Rebellion v. Treason office or employment;
Rebellion (Art. 134) Treason (Art. 114) 2. It is committed by means of a Swift attack
accompanied by violence, intimidation,
The levying of war was threat, strategy or stealth;
The levying of war
meant to aid the 3. The attack is directed Against the duly
against the
enemy; or if it would constituted authorities of the Republic of the
government during
also constitute Philippines, or any military camp or
peace time for any
adherence to the installation, communication networks,
purpose mentioned in
enemy, giving him aid public utilities or other facilities needed for
Art. 134 and comfort the exercise and continued possession of
Mere adherence to the power;
Always involves taking 4. The purpose of the attack is to Seize or
enemy by giving aid
up arms against the diminish state power.
and comfort is
government.
sufficient
As to who commits the swift attack:
The purpose is merely ● It may be committed Singly or Collectively
to substitute the The purpose of levying ● It Requires as a principal offender a
government with the war is to help the member of the AFP, PNP, or a Public
rebels’ own form of enemy officer with or without civilian support
government
c. Art 135 - Penalty for Rebellion,
Rebellion v. Insurrection Insurrection or Coup d’état
Rebellion (Art. 134) Insurrection (Art. 138)
Persons liable for rebellion, insurrection or
A movement seeking to coup d’état
effect some change of 1. The leaders: [PL]
Object is to completely minor importance or to o Rebellion or Insurrection - any person
overthrow and prevent the exercise of who Promotes, maintains or heads a
supplant the existing governmental authority rebellion or insurrection; or
government with respect to o Coup d’etat - any person who Leads,
particular matters or directs or commands others to undertake
subjects a coup d’état
2. The participants: [PGSD]
Rebellion v. Sedition o Rebellion or Insurrection - any person
who Participates or executes the
Rebellion (Art. 134) Sedition (Art. 139) commands of others;
There must be taking It is sufficient that the o Coup d’etat:
up of arms against the public uprising be ▪ Any person in the Government
government. tumultuous. service who participates or executes
directions or commands of others; or
The purpose is always The purpose may be ▪ Any person not in the government
political. political or social. service who participates, Supports,
finances, abets or aids in undertaking
a coup d’état.

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o Rebellion, Insurrection or Coup d’etat e. Article 137 - Disloyalty of Public

– If under the command of unknown Officers or Employees
leaders, the following shall be Deemed
as leaders of the rebel: Those who Elements: [P-CFDA]
[DSS]: 1. Offender is a Public officer or employee;
a. Directed the others, 2. Offender Commits any of the following acts:
b. Spoke for others; or a. Failing to resist a rebellion by all the
c. Signed receipts and other documents means in their power;
issued in their name, on behalf of the b. Continuing to Discharge the duties of
rebels. their offices under the control of the
rebels
d. Article 136 - Conspiracy and c. Accepting appointment to office under
Proposal to Commit Coup d’état, them.
Rebellion or Insurrection The crime presupposes rebellion committed by
other persons. Offender must not be in
Punishable Acts: conspiracy with the rebels, otherwise, he is
1. Conspiracy to commit coup d’état, rebellion himself guilty of rebellion. [REYES]
or insurrection
2. Proposal to commit coup d’état, rebellion or f. Article 138 - Inciting to Rebellion or
insurrection Insurrection
Elements Elements: [AIM]
Mode 1: Mode 2: 1. Offender does not take Arms or is not in
Conspiracy to Proposal to Commit open hostility against the government;
Commit Coup Coup d’etat, 2. He Incites others to the execution of any of
d’etat, Rebellion or Rebellion or the acts of rebellion;
Insurrection Insurrection 3. The inciting is done by Means of speeches,
[TD] [SP] proclamations, writings, emblems, banners
1. Two or more 1. A person has or other representations tending to the
persons come to decided to Swiftly same end.
an agreement to attack or to rise
swiftly attack or publicly and take NOTE: There is no crime of inciting to treason.
to rise publicly arms against the [REYES, Book 2]
and take arms Government for any
against the of the purposes of Inciting to Rebellion v. Proposal to Commit
Government for rebellion or Rebellion
any of the insurrection; Proposal to Commit
Inciting to Rebellion
purposes of Rebellion
rebellion or As to the Commission of Rebellion itself
insurrection;
2. They Decide to 2. Such person The offender induces another to commit
commit it. Proposes its rebellion. Rebellion should not be actually
execution to some committed by the persons to whom it is
other person or proposed or who are incited. Otherwise, they
persons. become principals by inducement in the crime
of rebellion.
As to Decision to Commit the Rebellion

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The person who There is no need that b. To prevent the national government or
proposes has decided the offender has any provincial or municipal government
to commit rebellion. decided to commit or any public officer from Exercising its or
rebellion. his functions, or prevent the execution of
an administrative order;
As to How Committed c. To Inflict any act of hate or revenge upon
The person who The act of inciting is the person or property of any public
proposes the done publicly. officer or employee;
execution of the crime d. To commit, for any political or social end,
uses secret means. any act of hate or Revenge against
private persons or any social classes; or
e. To Despoil for any political or social end,
g. Article 139 – Sedition any person, municipality or province, or
the national government of all its
Elements: [PFP - PEIRD] property or any part thereof.
1. Offenders rise Publicly and tumultuously;
2. Offenders employ Force, intimidation, or Use of Unlicensed Firearm Absorbed
other means outside of legal methods; Under R.A. 8294 (Act Amending PD No. 1866
3. Purpose is to attain any of the following or the Firearms Law), sedition absorbs the use
objects: of unlicensed firearm as an element thereof;
a. To prevent the Promulgation or hence, it is not an aggravating circumstance,
execution of any law or the holding of any and the offender can no longer be prosecuted
popular election; for illegal possession of firearm. [Boado,
Comprehensive Reviewer in Criminal Law]]

Sedition v. Rebellion v. Coup d’ Etat v. Treason

Sedition Rebellion Coup d’etat Treason
(Art. 139) (Art. 134) (Art. 134-A) (Art. 114)
As to the Nature of the Crime
Crime against national
Crime against Public Order security and law of the
nations
As to the Purpose
Always political; to
May be political or overthrow the To seize or diminish
To aid the Enemy
social. existing state power
government-
As to the Acts Committed

There must be There is a swift attack It is the violation by a

It is sufficient that
taking accompanied by violence, subject of his
the public uprising
up of arms against intimidation, threat, allegiance
is tumultuous.
the government. strategy or stealth; to his sovereign.

As to the Offender

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Offender belongs to the

There is no distinction as to who may military or police or holding There is no distinction
commit any public office or as to who may commit
employment
As to Requirement of Public Uprising
Requires a public Requires a public No Requirement, may be
and tumultuous uprising, or carried out singly or No Requirement
uprising multitude of people simultaneously

2. He Incites others to the accomplishment of

h. Art. 140 - Penalty for sedition
Art. 140. Penalty for sedition. The leader of
a sedition shall suffer the penalty of prision
mayor in its minimum period and a fine not
exceeding 10,000 pesos.
Other persons participating therein shall
suffer the penalty of prision correccional in its
maximum period and a fine not exceeding
5,000 pesos. (Reinstated by E.O. No. 187).
i. Article 141 - Conspiracy to Commit
Sedition
Elements: [TD]
1. Two or more persons come to an
agreement and a decision to rise publicly
and tumultuously to attain any of the objects
of sedition;
2. They Decide to commit it.
NOTE: There is no proposal to commit
sedition. [REYES, Book 2]
j. Article 142 - Inciting to Sedition
Mode 1. Inciting others to the
accomplishment of any of the acts which
constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
Elements: [DIM]
1. Offender does not take Direct part in the
crime of sedition;
any of the acts which constitute sedition;
3. The inciting is done by Means of speeches,
proclamations, writings, emblems,
cartoons, banners, or other
representations tending towards the same
end.
Mode 2. Uttering seditious words or
speeches which tend to disturb the public
peace;
Mode 3. Writing, publishing, or circulating
scurrilous libels against the government or
any of the duly constituted authorities
thereof, which tend to disturb the public
peace.
Elements for Modes 2 and 3: [DU - DISL]
1. Offender does not take any Direct part in
the crime of sedition.
2. He Uttered words or speeches and writing,
publishing or circulating scurrilous libels
that:
a. Tend to Disturb or obstruct any lawful
officer in conducting the functions of his
office;
b. Tend to Instigate others to cabal and
meet together for unlawful purposes;
c. Suggest or incite rebellious
conspiracies or riots; or
d. Lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
Words that tend to create a danger of public
uprising

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If the words used tend to create a danger of b. Article 144 - Disturbance of

public uprising, then those words could Proceedings
properly be the subject of a penal clause.
[People vs. Perez, G.R. No. L-6025-26] Elements: (CA-DB)
1. There is a meeting of Congress or any of its
Crimes where Proposal to Commit is committees or subcommittees,
Punishable [ReCIT] constitutional commissions or committees
1. Rebellion or divisions thereof, or of any provincial
2. Coup d’ etat board or city or municipal council or board;
3. Insurrection 2. Offender does any of the following Acts:
4. Treason a. He Disturbs any of such meetings;
b. He Behaves while in the presence of any
Crimes where Conspiracy is Punishable such bodies in such a manner as to
interrupt its proceedings or to impair the
[TRICS]
respect due it.
1. Treason
2. Rebellion
Preventing a Meeting (Art. 143) vs Art.
3. Insurrection Disturbance of Proceeding (Art. 144)
4. Coup d’etat Acts tending to Disturbance of
5. Sedition prevent the meeting Proceedings
(Art. 143) (Art.144)
Crimes where Inciting is Punishable [RIS]
As to Purpose
1. Rebellion
2. Insurrection Disturb the conduct
Prevent the meeting
3. Sedition of a meeting
As to the Offender
Can be conducted by any person (no distinction
2. Chapter II: Crimes against made)
Popular Representation
SECTION 2. VIOLATION OF
PARLIAMENTARY IMMUNITY
SECTION 1. Crimes against Legislative
Bodies and Similar Bodies
c. Article 145 - Violation of
a. Article 143 - Acts Tending to Parliamentary Immunity
Prevent the Meeting of the
Two (2) Modes of Commission:
Assembly and Similar Bodies 1. Using force against a member of Congress
2. Arrest or Search made while Congress is in
Elements: [MP] session
1. There is a projected or actual Meeting of
Congress or any of its committees or Mode 1: Using force, intimidation, threats,
subcommittees, constitutional committees or frauds to prevent any member of
or divisions thereof, or of any provincial Congress from attending the meetings of
board or city or municipal council or board; Congress or of any of its committees or
2. Offender, who may be any person, Prevents subcommittees, constitutional
such meetings by: commissions or committees or divisions
a. Force; or thereof, or from expressing his opinion or
b. Fraud casting his vote;

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Elements: [UP - AEC] Art. 145, Mode 1, Using force to prevent vs

1. Offender Uses force, intimidation, threats Art. 143, Acts tending to prevent
or fraud; Acts Tending to
2. The Purpose of the offender is to prevent Violation of Prevent the
any member of Congress from: Parliamentary Meeting of
a. Attending the meetings of the Congress Immunity Assembly and
or of any of its committees or [Art. 145 (Mode 1)] Similar Bodies
constitutional commissions; [Art. 143]
b. Expressing his opinion; or
c. Casting his vote. As to Act Punished
Using force,
NOTE: The offender in mode 1 may be any intimidation, threats, or The prevention of
person. frauds to prevent any the projected or
member of Congress actual meeting of
Mode 2: Arresting or searching any member from attending the congress, or any of
thereof while Congress is in regular or meetings of Congress its committees or
special session, except in case such or of any of its actual committee,
member has committed a crime punishable committees or etc.
under the Code by a penalty higher than subcommittees, etc.
prision mayor.

Elements: [PACC] 3. Chapter III: Illegal Assemblies

1. Offender is a Public officer of employee; and Associations
2. He Arrests or searches any member of
Congress; a. Article 146 - Illegal Assemblies
3. Congress, at the time of arrest or search, is
in regular or special session; Two (2) Modes of Commission:
4. The member arrested or searched has not 1. Meeting attended by armed persons for the
committed a Crime punishable under the purpose of committing any of the crimes
Code by a penalty higher than prision punishable under the Code
mayor. 2. Meeting in which the audience is incited to
the commission of the crime of treason,
Parliamentary Immunity rebellion or insurrection, sedition, or direct
Members of Congress cannot be arrested for assault
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Mode 1 vs. Mode 2
while Congress is in session. They can be Mode 1: Mode 2:
prosecuted after Congress adjourns. [Art. VI, For the purpose of Audience is incited
Sec. 11, 1987 Constitution] committing any to the commission of
of the crimes the crime of treason,
punishable under rebellion or
the Code. [MAP] insurrection,
sedition, or direct
assault [MAI]
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is 2. Meeting is
attended by Armed attended by Any
persons persons, whether
armed or not;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Purpose of the 3. Audience is Incited As to Act Punished

meeting is to to the commission
commit any of the of the crime of What is punished is the
What is punished are
crimes punishable treason, rebellion act of forming or
the meeting and the
under the Code. or insurrection, organizing the
sedition or direct attendance therein
association
assault.
As to Persons Liable
Persons liable for illegal assembly: a. organizers or
a. The organizer or leaders of the meeting; or leaders of the a. founders, directors,
b. Persons merely present at the meeting, who meeting president
must have a common intent to commit the b. persons present at b. members
felony of illegal assembly. the meeting

If any person present at the meeting carries

an unlicensed firearm, it will be presumed
4. Chapter IV: Assault upon, and
that: Resistance and Disobedience
a. The purpose of the meeting is to commit to Persons in Authority and
acts punishable under the RPC; and
b. He is considered a leader or organizer of the
Their Agents
meeting.
a. Article 148 - Direct Assaults
b. Article 147 - Illegal Associations
Two (2) Modes of Commission:
The following are illegal associations [CM]: 1. Without public uprising, by employing force
Associations totally or partially organized for: or intimidation for the attainment of any of
1. The purpose of committing any of the the purposes enumerated in defining the
Crimes punishable under the Code; crimes of rebellion and sedition
2. Some purpose contrary to public Morals. 2. Without public uprising, by attacking, by
employing force or by seriously intimidating
or by seriously resisting any person in
Persons liable: authority or any of his agents, while
Founders, directors and president of the engaged in the performance of official
association; duties, or on occasion of such performance.
Mere members of the association.
Mode 1 vs. Mode 2
Public Morals – matters which affect the Mode 1. Mode 2.
interest of society and public convenience, not For the attainment Acts against
limited to good customs [Black’s Law of any of the any person in
Dictionary] purposes of authority or any of
rebellion and his agents
Illegal Assembly vs. Illegal Association sedition [AAPKN]
Illegal Assembly Illegal Association [EAN]
(Art. 146) (Art. 147) 1. Offender 1. Offender makes an
As to Requirement of Actual Meeting Employs force or Attack, employs
intimidation force, makes a
There must be an serious
Actual meeting not
actual meeting or intimidation, or
necessary
assembly makes a serious
resistance

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. The Aim of the 2. The person circumstance in Art. 14, no. 3 (rank). There
offender is to assaulted is a must be, however, intent to disregard the
attain any of the person in Authority victim’s rank. [BOADO]
purposes of the or his agent;
crime of rebellion 3. At the time of the b. Article 149 - Indirect Assaults
or any of the assault, the person
objects of the in authority or his Elements: (FAU)
crime of sedition agent is engaged in 1. A person in authority or his agent is the
the actual victim of any of the Forms of direct assault
NOTE: This is Performance of defined in Article 148;
tantamount to official duties, or 2. A person comes to the Aid of such authority
rebellion or sedition, that he is assaulted or his agent;
except that there is by reason of the 3. Offender makes Use of force or intimidation
no public uprising. past performance upon such person coming to the aid of the
of official duties authority or his agent.
4. Offender Knows
that the one he is NOTES: Indirect assault presupposes that
assaulting is a direct assault was committed.
person in authority
or his agent in the c. Article 150 - Disobedience to
exercise of his summons issued by the National
duties.
Assembly, its Committees or
3./5.There is No public uprising
Subcommittees, or divisions
Under Mode 2
Acts Punishable: [OSARI]
Classifications of direct assault [SQ]: Mode 1: By refusing, without legal
1. Simple assault.
excuse, to Obey summons of Congress, its
2. Qualified assault. special or standing committees and
subcommittees, the Constitutional
Qualifying Circumstances [WP-LH]: Commissions and its committees,
1. There is a Weapon employed in the attack subcommittees or divisions, or by any
2. The offender is a Public officer commission or committee chairman or member
3. The offender Lays Hands on a public authorized to summon witnesses;
authority
Mode 2: By refusing to be Sworn or placed
“Person-in-Authority” under affirmation while being before such
Any person directly vested with jurisdiction, legislative or constitutional body or official;
whether as an individual or as a member of
some court or governmental corporation, Mode 3: By refusing to Answer any legal
board, or commission, shall be deemed a inquiry or to produce any books, papers,
person in authority. documents, or records in his possession, when
required by them to do so in the exercise of
See: Article 152 for the enumeration of persons their functions;
in authority and agents of such persons in
authority Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
Public Officer Not in Authority body;
If the public officer is not a person in authority,
the assault on him is an aggravating

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 5: By Inducing disobedience to a Serious Disobedience v. Direct Assault

summons or refusal to be sworn by any such Serious
body or official. Direct Assault
Disobedience
(Art.151) (Art. 148)
d. Article 151 - Resistance and
Person in authority or
Disobedience to a Person in
his agent must be
Authority or the Agents of Such Person in authority or engaged in the
Person. his agent must be in performance of official
actual performance of duties or he is
Mode 1 vs. Mode 2 his duties assaulted by reason of
Mode 1: the past performance
Mode 2:
Resistance and of official duties
Simple
Serious
disobedience Committed only by
Disobedience Committed in two
[ADS] resisting or seriously
[PRI] modes (see Art. 148,
disobeying a person in
1. A person in a. An Agent of a Mode 2 above)
authority or his agent
authority or his person in
agent is engaged authority is Use of force in
There is force
in the engaged in the resistance is not so
employed
serious
Performance of performance of
official duty or official duty or
gives a lawful gives a lawful e. Article 152 - Persons in authority
order to the order to the and agents of persons in authority
offender offender
2. Offender Resists b. Disobeys such Persons in Authority
or seriously agent of a person Persons, whether an individual or as a member
of some court or government corporation,
disobeys such in authority
directly vested with jurisdiction, power and
person in
authority to govern and execute the laws.
authority or his
agent Examples:
3. The act of the c. Such 1. Barrio captain
offender is not disobedience is 2. Barangay Chairman
Included in the not of a Serious 3. Municipal mayor
provision of nature. 4. President of sanitary division
Articles 148, 149 5. Provincial fiscal
and 150. 6. Teachers and Professors
7. Those charged with the supervision of
Resistance and Serious Disobedience public or duly recognized private schools,
The accused must have knowledge that the colleges and universities
person giving the order is a peace officer. [US
v. Bautista, supra.] Agent of Person in Authority
Person charged with: (1) the maintenance of
public order, and (2) the protection and security
of life and property.

Examples:
1. Barrio Captain

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Barrio Councilman Prohibition of Peaceful Meetings vs.

3. Barrio Policeman Tumultuous Disturbance
4. Barangay Leader
Prohibition, Tumultuous
5. Any person who comes to the aid of a
Interruption and Disturbance (Art.
person in authority
Dissolution of 153)
Peaceful Meetings
5. Chapter V: Public Disorders (Art. 131)

a. Article 153 - Tumults and Other Offender is a public Offender is a

Disturbances of Public Order officer, who is NOT a private individual
participant (Stranger) who is NOT a
Acts Punishable: [SIODB] participant
Mode 1: Causing any Serious disturbance in a (stranger)
public place, office or establishment. Inciting to Sedition or Rebellion v. Mode 3
of Art. 153
Mode 2: Interrupting or disturbing
performances, functions or gatherings, or Inciting to Sedition
peaceful meetings, if the act is not included in or Rebellion (Art. Mode 3 (Art. 153)
Arts. 131 (prohibition, interruption and 131)
dissolution of peaceful meetings) and 132
As to the manner of commission
(interruption of religious worship).
May be done through Done only through
Mode 3: Making any Outcry tending to incite
speech or writing speech (outcry)
rebellion or sedition in any meeting,
association or public place. As to intent

Mode 4: Displaying placards or emblems More of

which provoke a disturbance of public order in unconscious
such place; Done with intent to
outburst which is
induce the hearers or
not intentionally
Mode 5: Burying with pomp the body of a readers to commit the
calculated to
person who has been legally executed. crime of rebellion or
induce others to
sedition
commit such
Qualifying Circumstance: crimes
If the disturbance or interruption caused is of a
tumultuous character. As to the Nature of the Speeches
● Tumultuous – if caused by more than three Involved
(3) persons who are armed or provided with
means of violence The nature of the speeches in both acts are
either rebellious or seditious

b. Article 154 - Unlawful Use of Means

of Publication and Unlawful
Utterances

Punishable Acts: [FDMP]

Mode 1: Publishing or causing to be published,
by means of printing, lithography or any other

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U.P. BOC CRIMINAL LAW II
means of publication, as news any False news
which may endanger the public order, or cause
damage to the interest or credit of the State.
Mode 2: Encouraging Disobedience to the law
or to the constituted authorities or praising,
justifying or extolling any act punished by law,
by the same means or by words, utterances or
speeches.
Mode 3: Maliciously publishing or causing to
be published any official document or
resolution without proper authority, or before
they have been published officially.
Mode 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.
NOTE: Actual public disorder or actual damage
to the credit of the State is not necessary. The
mere possibility of causing such danger or
damage is sufficient [REYES, Book 2].
c. Article 155 - Alarms and Scandals
Punishable Acts: [DIDC]
Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive within any town
or public place, calculated to cause (which
produces) alarm or danger;
Mode 2: Instigating or taking an active part in
any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
Mode 3: Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusements.
Mode 4: Causing any disturbances or scandal
in public places while intoxicated or otherwise,
provided Art. 153 (tumults and other
disturbances of public order) is not applicable.
● Under Art. 153, disturbance must be of a
serious nature.
Page 147 of 277
CRIMINAL LAW
Note: “Calculated to cause” should be “which
produces” alarm and danger according to the
correct translation of the RPC. Hence, the
result, and not the intent, that counts. [REYES,
Book 2]
d. Article 156 - Delivering Prisoners
from Jail
Elements: [CR]
1. There is a person Confined in a jail or penal
establishment; and
2. Offender Removes therefrom such person
or helps the escape of such person.
Consent or connivance necessary to hold
public officer guilty:
It is necessary that the public officer had
consented to, or connived in, the escape of the
prisoner under his custody or charge. [Alberto
v. Dela Cruz, G.R. No. L-31839 (1980)]
Officer must not be the custodian of the
prisoner
If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner under
Art. 223.
If three persons are involved, the crimes
committed are as follows:
1. Conniving with or Consenting to Evasion
(Art. 223) – committed by a public officer
who is in custody or charge of the prisoner
2. Delivering Prisoners from Jail (Art. 156) –
committed by the stranger who helped in the
escape
3. Evasion of service of sentence (Art. 157) –
committed by the prisoner who escaped
6. Chapter VI: Evasion of
Service of Sentence
Evasion of Service of Sentence vs. Evasion
of Service of Sentence on the Occasion of
Calamities vs. Other Cases of Evasion
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Evasion of Evasion of service of sentence is a continuing

Other offense [Parulan v. Director of Prisons, G.R.
Evasion of Service of
Cases of No. L-28519 (1968)].
Service of Sentence on
Evasion
Sentence the Occasion
(Art. 159) a. Article 157 - Evasion of Service of
(Art. 157) of Calamities
(Art. 158) Sentence
As to the Offender
Elements: [CSE]
Convicted by
1. Offender is a Convict by final judgment;
final 2. He is Serving sentence which consists in
judgment Convicted by the deprivation of liberty;
Convict
and is final judgment 3. He Evades service of his sentence by
who was
deprived of and is escaping during the term of his
granted
liberty (need confined in a imprisonment.
conditional
not be penal
pardon Qualifying circumstances as to penalty
confined. institution
e.g., imposed if such evasion or escape takes
destierro) place: [EBPC]
As to Circumstances Surrounding the 1. By means of unlawful Entry (this should be
by scaling [Reyes]);
Evasion
2. By Breaking doors, windows, gates, walls,
Escapes roofs or floors;
during the 3. By using Picklock, false keys, disguise,
Escapes occasion of Violated the deceit, violence or intimidation; or
during the disorders, terms of his 4. Through Connivance with other convicts or
term of his conflagrations conditional employees of the penal institution.
imprisonmen , pardon
t earthquakes, Applicable to Destierro
or other One who, sentenced to destierro by virtue of
calamities final judgment, and prohibited from entering the
As to the Harm Inflicted City of Manila, enters said city within the period
of his sentence, is guilty of evasion of sentence
Does not
under Article 157. [People v. Abilong, supra]
infringe on
the right of
b. Article 158 - Evasion of Service of
another
An attempt at least to evade Sentence on the Occasion of
person nor
the penalty inflicted by the
does it
Disorders, Conflagrations,
courts upon criminals and Earthquakes, or Other Calamities
disturb the
thus defeats the purpose of
public
the law of either reforming or Elements: [CC-DEESM-EF]
order;
punishing them for having 1. Offender is a Convict by final judgment, who
merely an
disturbed the public order. is confined in a penal institution;
infringemen 2. There is Disorder, resulting from –
t of the a. Conflagration;
stipulated b. Earthquake;
terms c. Explosion;
d. Similar catastrophe; or
Nature of Offenses e. Mutiny in which he has not participated;

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U.P. BOC CRIMINAL LAW II
3. He Evades the service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder
or during the mutiny;
4. He Fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity.
Failure to Return
Leaving the penal establishment is not the
basis of criminal liability. What is punished is
the failure to return within 48 hours after the
passing of the calamity, conflagration or mutiny
had been announced.
Effect of Surrendering within 48 hours
Convicts who shall give themselves up to the
authorities within 48 hours from the issuance of
a proclamation, shall be entitled to the
deduction provided for under Art. 98 (one -fifth
of the period of his sentence).
c. Article 159 - Other Cases of
Evasion of Service of Sentence
Elements: [CGV]
1. Offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Violated any of the conditions of such
pardon.
Conditional Pardon
A contract between the Chief Executive, who
grants the pardon, and the convict, who
accepts it. Since it is a contract, the pardoned
convict is bound to fulfill its conditions and
accept all its consequences according to its
strict terms. [People v. Pontillas, G.R. No. L-
45267 (1938)]
Guilty of a Subsequent Offense
Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159. [Torres v. Gonzales, G.R. No.
76872 (1987)]
Page 149 of 277
CRIMINAL LAW
7. Chapter VII: Commission of
Another Crime During Service
of Penalty Imposed for
Another Previous Offense
a. Article 160 - Commission of
another crime during service of
penalty imposed for another
previous offense - Penalty
Elements: [CN]
1. Offender was already Convicted by final
judgment of one offense;
2. He committed a New felony before
beginning to serve such sentence or while
serving the same.
Pardon. Pardon is to be given to a convict who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years;
and
3. Has already served out his original
sentence or if he completing it after reaching
such age
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency
Quasi-recidivism
A special aggravating circumstance where a
person, after having been convicted by final
judgment, shall commit a new felony before
beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by
law for the new felony. [People vs. Bernal, G.R.
No. 44988 (1936)]
As to the act committed
The first crime for which the offender is serving
sentence need not be a felony. [People v.
Peralta, G.R. No. L-19069 (1968)]
The word “another” does not mean that the new
felony be different from the one for which the
offender is serving sentence [People v. Yabut,
58 Phil. 499 (1933)]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Quasi-Recidivism vs. Recidivism vs. Acts Punished [SSS]:

Reiteracion Forging the:
Offense Nature 1. Great Seal of the Government of the
Philippines;
The 2 offenses need not be 2. Signature of the President; or
Quasi-
embraced in the same title of 3. Stamp of the President.
Recidivism
the Code
Forgery
There was a 2nd conviction for
Falsely making or materially altering, with
Recidivism an offense embraced in the
intent to defraud, any writing which, if genuine,
same title of the Code
might apparently be of legal efficacy or the
Offender has been previously foundation of a legal liability. [Black’s Law
punished of: Dictionary]
1. One (1) offense – to which
the law attaches equal or b. Article 162 – Using Forged
greater penalty; or Signature or Counterfeit Seal or
2. Two (2) offenses – to Stamp
Reiteracion
which the law attaches
lighter penalty
Elements: [SKU]
1. The Great Seal of the Republic was
Offenses need not be
counterfeited or the signature or stamp of
embraced in the same title of
the Chief Executive was forged by another
the Code.
person;
2. Offender Knew of the counterfeiting or
See: Discussion under Multiple Offenders for forgery; and
detailed discussion 3. He Used the counterfeit seal or forged
signature or stamp.
D. CRIMES AGAINST PUBLIC
NOTE: Offender under this article should not
INTEREST [Arts. 161-187]
be the forger. Otherwise, he will be penalized
under Article 161. The participation of the
1. Chapter I: Forgeries offender is in effect that of an accessory.
[REYES, Book 2]
SECTION 1. FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE Although the general rule is that he should be
ISLANDS, THE SIGNATURE OR STAMP OF punished by a penalty of two degrees lower,
THE CHIEF EXECUTIVE under Article 162 he is punished by a penalty
only one degree lower. [Id.]
1. Acts of Counterfeiting
SECTION 2. COUNTERFEITING COINS
a. Article 161 – Counterfeiting the
Great Seal of the Government of c. Article 163 – Making and Importing
the Philippine Islands, Forging the and Uttering False Coins
Signature or Stamp of the Chief
Elements: [FMC]
Executive
1. There be False or counterfeited coins;
2. Offender either Made, imported or uttered
such coins;

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U.P. BOC CRIMINAL LAW II
3. In case of uttering such false or
counterfeited coins, he Connived with the
counterfeiters or importers.
Kinds of Coins Covered by the Crime
1. Silver coins of the Philippines or coin of the
Central Bank (CB);
2. Coins of minor coinage of the Philippines
or CB; or
4. Coin of the currency of a foreign country
[REYES, Book 2]
“To utter”
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them
away. A counterfeited coin is uttered when it is
paid, when the offender is caught counting the
counterfeited coins preparatory to the act of
delivering them, even though the utterer may
not obtain the gain he intended [Decisions of
the Supreme Court of Spain]
To import is to bring into port
To import fake coins means to bring them into
port. The importation is complete before entry
at the Customs House. [US v. Lyman, 26 Fed.
Cas. 1024 (1818)]
Punishable regardless of whether or not it
is in official circulation
The reason behind this is not only the harm that
it may cause to the public in case it goes into
circulation again, but also the possibility that
the counterfeiter may later apply his trade to
the making of coins in actual circulation.
[People v. Kong Leon, C.A., 48 O.G. 664]
d. Article 164 – Mutilation of Coins
Acts Punished [MI]
1. Mutilating coins of the legal currency; or
2. Importing or uttering such mutilated coins
Elements of Mutilation: [LG]
1. Coin mutilated is of Legal tender; and
2. Offender Gains from the precious metal
dust abstracted from the coin
Page 151 of 277
CRIMINAL LAW
“Mutilation” means to take off part of the metal
either by filling it or substituting it for another
metal of inferior quality. [REYES, Book 2]
Foreign coins are not covered in this article.
[Id.]
Elements of Importing or Uttering Mutilated
Coins: [IC]
1. Offender Imported or uttered mutilated
coins; and
2. In case of uttering, the offender must have
Connived with the mutilator or importer
PD 247: Prohibiting and Penalizing
Defacement, Mutilation, Tearing, Burning or
Destruction of Central Bank Notes and
Coins
It shall be unlawful for any person to willfully
deface, mutilate, tear, burn or destroy, in any
manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
e. Article 165 – Selling of False or
Mutilated Coin, without
Connivance
Acts Punished:
1. Possession of coin, counterfeited or
mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated; or
2. Actually uttering such false or mutilated
coin, knowing the same to be false or
mutilated.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 1 vs. Mode 2 Requirement of Legal Tender

Mode 1: Mode 2: Actually
Possession with uttering such false Coins must Must be of Not required
intent to utter false or mutilated coin be silver legal tender to be legal
or mutilated coin coins of the tender
Phil. or CB,
Elements: [PIK] Elements: [UK] or coin of
1. Possession of 1. Actually Uttering minor
counterfeited or such false or coinage or
mutilated coin; mutilated coin; currency of a
2. With Intent to and foreign
utter; and 2. With Knowledge country
3. With Knowledge of such defect/s.
of such defect/s. Requirement of Connivance in case of
Uttering

Constructive Possession There must There must No

Possession prohibited in this article is not only be be requirement
actual and physical possession, but also that of connivance connivance of
a constructive one, or the subjection of the with the with the connivance
thing to one’s control. The possessor should counterfeiter mutilator or in case of
not be the counterfeiter, mutilator or importer of s or importer in uttering
the coins. [REYES, Book 2] importers case of
uttering
Making and Importing and Uttering vs.
Mutilating
SECTION 3. FORGING TREASURY OR
Making and Mutilating Selling of BANK NOTES, ONLIGATIONS AND
Importing [Art. 164] False or SECURITIES; IMPORTING AND UTTERING
and Uttering Mutilated FALSE OR FORGED NOTES, OBLIGATIONS
[Art. 163] Coin AND SECURITIES
[Art. 165]
f. Article 166 – Forging Treasury or
Punishable Acts
Bank Notes or Other Documents
That a false That a coin That coin is Payable to Bearer; Importing and
or is mutilated, counterfeited Uttering Such False or Forged
counterfeited or that such or mutilated Notes and Documents
coin is made, mutilated or actually
imported or coin is uttered Elements: [B-FImU]
uttered imported or 1. There is an instrument payable to Bearer;
uttered and
2. The offender commits any of the following
As to Foreign Coins acts:
Counterfeitin Mutilating Counterfeitin a. Forged or falsified a treasury or bank
g of foreign foreign coins g of foreign note or a document payable to bearer;
currency is is not currency is b. Imported such false or forged
punishable punishable punishable obligations or notes; or
under this c. Uttered such false or forged obligations
article or notes in connivance with the forgers
or importers.

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U.P. BOC CRIMINAL LAW II
“Forging” – By giving any treasury or bank
note, or any instrument payable to bearer, or to
order the appearance of a true and genuine
document. [REYES, Book 2]
“Falsification” – By erasing, substituting,
counterfeiting or altering by any means, the
figures, letters, words, or signs contained
therein. [Id.]
When Payable to Bearer: [N.I.L.]
1. When expressed to be so payable
2. When payable to a person named therein
or bearer
3. When payable to the order of a fictitious or
non-existing person, and such fact was
known to the person making it so payable
4. When the name of the payee does not
purport to be the name of any person
5. When the only or last endorsement is an
endorsement in blank.
g. Article 167 – Counterfeiting,
Importing, and Uttering
Instruments Not Payable to Bearer
Elements: [OFC]
1. There is an Instrument payable to Order or
other document of credit not payable to
bearer;
2. Offender either Forged, imported or
uttered such instrument; and
3. In case of uttering, he Connived with the
forger or importer.
When Payable to Order
An instrument is payable to order where it is
drawn payable to the order of a specified
person or to him or his order. [N.I.L]
2. Acts of Forgery
h. Article 168 – Illegal Possession
and Use of False Treasury or Bank
Notes and Other Instruments of
Credit
Page 153 of 277
CRIMINAL LAW
Elements: [N-KUPo]
1. Any treasury or bank Note or certificate or
other obligation and security:
a. There is an instrument payable to
bearer, to order or other document of
credit not payable to bearer;
b. Said instrument is forged or falsified by
another person;
2. Offender Knows that any of those
instruments is forged or falsified; and
3. He either –
a. Uses any of such forged or falsified
instruments; or
b. Possesses the same, with intent to use
Presumption of Material Author
The rule is that if a person had in his
possession a falsified document and he made
use of it, taking advantage of it and profiting
thereby, the presumption is that he is the
material author of the falsification. [People v.
Sendaydiego, G.R. No. L-33254 (1978)]
i. Article 169 – How Forgery is
Committed
Acts punished [GE]
1. By Giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a
true and genuine document; or
2. By Erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein.
Forgery includes falsification and
counterfeiting. [REYES, Book 2]
Possession and Knowledge
Possession of genuine treasury notes of the
Philippines, any of “the figures, letters, words
or signs contained” in which had been erased
and/or altered, with knowledge of such erasure
and alteration, and with the intent to use such
notes in enticing another to advance funds for
the avowed purpose of financing the
manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168 in
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

relation to Art. 166 (1). [Del Rosario v. People, k. Article 171 – Falsification by Public
G.R. No. L-16806 (1961)] Officer, Employee or Notary or
Ecclesiastical Minister
How Forgery May be Committed
Forgery can be committed through the use of
Elements: [PAF - CApAUDMAI]
genuine paper bills that have been withdrawn 1. Offender is a Public officer, employee, or
from circulation, by giving them the notary public;
appearance of some other true and genuine
2. He takes Advantage of his official position;
document. [People v. Galano, C.A. 54 O.G. and
5899]
3. He Falsifies a document by committing any
of the following acts:
SECTION 4. FALSIFICATION OF
a. Counterfeiting or imitating any
LEGISLATIVE, PUBLIC, COMMERCIAL,
handwriting, signature or rubric;
AND PRIVATE DOCUMENTS AND
b. Causing it to Appear that persons have
WIRELESS, TELEGRAPH AND TELEPHONE
participated in any act or proceeding
MESSAGES
when they did not in fact so participate;
c. Attributing to persons who have
3. Acts of Falsification
participated in an act or proceeding
statements other than those in fact
j. Article 170 – Falsification of made by them;
Legislative Documents d. Making Untruthful statements in a
narration of facts;
Elements: [BAACh] e. Altering true Dates;
1. There is a Bill, resolution or ordinance f. Making any alteration or intercalation in
enacted or approved or pending approval a genuine document which changes its
by either House of the Legislature or any Meaning;
provincial board or municipal council; g. Issuing in an Authenticated form:
2. Offender Alters the same; ● A document purporting to be a
3. He has no proper Authority; and copy of an original document
4. Alteration has Changed the meaning of the when no such original exists,
documents. or
● Including in such a copy a
Falsification v. Forgery statement contrary to, or
Forgery [Art. 169] Falsification [Art. different from, that of the
170] genuine original; and
As used in Article The commission of h. Intercalating any instrument or note
169, forgery refers to any of the 8 acts relative to the issuance thereof in a
the falsification and mentioned in Article protocol, registry, or official book.
counterfeiting of 171 on legislative
treasury or bank (only the act if making Ecclesiastical Minister’s Liability
notes or any alteration) or public or The ecclesiastical minister is liable with respect
instruments payable official, commercial or to any record or document that its falsification
may affect the civil status of persons [REYES,
to bearer or to order private documents or
Book 2]].
wireless or telegraph
messages. Offender Takes Advantage of his Official
Position When:
1. He has the duty to make or prepare, or
intervene in the preparation of the
document; or

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U.P. BOC CRIMINAL LAW II
2. He has the official custody of the
document he falsifies. [Id.]
Document
A document is any written statement by which
a right or status is established or an obligation
is extinguished. [Id.]
Par. 1: Counterfeiting or imitating any
handwriting, signature or rubric. [Id.]
Acts Punished: [CI]
1. Counterfeiting - imitating any handwriting,
signature or rubric; or
a. There should be an intent to imitate, or
an attempt to imitate
b. Two signatures, the genuine and the
forged, should bear some
resemblance.
2. Imitating (Feigning) - simulating a
signature, handwriting or rubric out of one
which does not actually exist.
Par. 2: Causing it to appear that persons
have participated in any act or proceeding
when they did not in fact so participate. [Id.]
Elements: [AN]
1. Offender caused it to Appear in a
document that a person/s participated in an
act or proceeding.
2. Such person/s did Not in fact participate.
Par. 3: Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them [Id.]
Elements: [PSA]
1. Person/s Participated in an act or
proceeding
2. Such person/s made Statements in that act
or proceeding; and
3. Offender, in making a document, Attributed
to such person/s statements other than
those they in fact made.
Par. 4: Making untruthful statements in a
narration of facts [Id.]
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CRIMINAL LAW
Elements: [D-OFW]
1. Offender makes in a Document statements
in a narration of facts
2. He has a legal Obligation to disclose truth
of facts
3. Facts narrated are absolutely False; and
4. Perversion of truth in the narration was
made with the Wrongful intent of injuring a
third person.
Narration of Facts Required
There must be narration of facts, not
conclusion of law. [Beradio v. CA, G.R. Nos. L-
49483-86 (1981)] The person making the
narration of facts must be aware of the falsity
of the facts narrated by him. [REYES, Book 2]
Falsification by Omission
There can be falsification by omission. An
assistant bookkeeper is guilty of falsification by
intentionally not putting a record in his personal
account of chits and destroying them so he
could avoid paying the same. [People v. Dizon,
G.R. No. 144026 (2006)]
Par. 5: Altering true dates [Id.]
Elements: [DA]
1. Date must be essential
2. Alteration of the date must affect the
veracity of the documents or the effects
thereof (such as dates of birth, marriage, or
death).
NOTE: This pertains to alteration of a true date
(not a non-existent date). An example would be
the alteration of dates on official receipts to
prevent discovery of malversation. [Typoco Jr
v. People, G.R. Nos. 221857 & 222020 (2017)]
Date Must be Essential
Falsification under this paragraph only when
the date mentioned in the document is
essential. The alteration of the date or dates in
a document must affect either the veracity of
the document or the effects thereof. [REYES,
Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Date of Birth, Marriage and Death are Par. 8. Intercalating any instrument or note
Essential relative to the issuance thereof in a
The dates of birth, marriage and death are protocol, registry or official book.
essential, because without them the
documents "cannot produce any legal effect. Pars. 1 to 5 Pars. 6 to 8
[id.]
May be a genuine There must be a
Par. 6: Making any alteration or (later falsified) or an genuine document
intercalation in a genuine document which entirely fabricated
changes its meaning [Id.] document

Elements: [A-GAF] l. Article 172 – Falsification by

1. There be an Alteration (change) or Private Individual and Use of
intercalation (insertion) on a document.
Falsified Documents
2. It was made on a Genuine document.
3. Alteration or intercalation has changed the
Types of Documents:
meaning of the document.
Public Document – a document created,
4. Change made the document speak
executed or issued by a public official in
something False.
response to the exigencies of the public
service, or in the execution of which a public
Change or Insertion Must Affect the
official intervened. [US v. Asensi, G.R. No.
Integrity of the Document
11165 (1916)]
Change or insertion must affect the integrity or
effects of the document. Furthermore, the
Official Document – a document which is
alteration should make the document speak
issued by a public official in the exercise of the
something false. Otherwise, it would merely be
functions of his office. [Id.]
a correction. [REYES, Book 2]
Commercial Document – any document
Par 7: Issuing in an authenticated form a defined and regulated by the Code of
document purporting to be a copy of an
Commerce or any other commercial law. They
original document when no such original are used by merchants or businesspersons to
exists, or including in such a copy a promote or facilitate trade or credit
statement contrary to, or different from, that transactions. [Malabanan v. Sandiganbayan,
of the genuine original [Id.] G.R. Nos. 186329, 186584, 198598 (2017)]
Persons Liable
Mode 1: Falsification of public, official or
1. Custodian - Authentication of a document commercial document by a private
can only be made by the custodian or the individual
one who prepared and retained a copy of
the original.
Elements: [NoFaDo]
a. Purporting to be a copy of the original 1. Offender is a Private individual or Public
when no such original exists. officer or employee who did Not take
b. Including in a copy a statement advantage of his official position;
contrary to, or different from, that of the
2. He committed any act of Falsification (Art.
genuine original. 171);
2. Private Person - a private person who
3. The falsification was committed in a public,
cooperates with a public officer in the official, or commercial Document or letter
falsification of a public document is guilty of of exchange.
the crime and incurs the same liability and
penalty. [id.]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 2: Falsification of private document document through negligence or imprudence.

by any person [REYES, Book 2]

Elements: [F-eII-PD] Exceptions: In case of public and

1. Offender committed any of the acts of
Falsification except Article 171(7), that is:
a. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such
original exists, or
b. Including in such a copy a statement
contrary to, or different from, that of the
genuine original;
2. Falsification was committed in any Private
document;
3. Falsification causes Damage to a third
party or at least the falsification was
committed with intent to cause such
damage.
commercial documents: The existence of a
wrongful intent to injure a third person is not
necessary when the falsified document is a
public document. [Siquian v. People, supra.]
If the document is intended by law to be part of
the public or official record, the falsification,
although it was private at the time of
falsification, is regarded as falsification of a
public or official document [REYES, Book 2]
This statement applies as well to commercial
documents, because as to this kind of
document, a credit is sought to be protected.
[REYES, Book 2]

Mode 3: Use of falsified document Presumption

The possessor of a falsified document is
Elements in introducing in a judicial presumed to be the author of the falsification.
proceeding [KFI] [People v. Manansala, G.R. No. L-38948
1. Offender Knew that the document was (1933)]
falsified by another person;
2. The False document is in Articles 171 or Prescription
172 (1 or 2); In the crime of falsification of a public
3. He Introduced said document in evidence document, the prescriptive period commences
in any judicial proceeding. from the time the offended party had
constructive notice of the alleged forgery after
Elements in use in any other transaction the document was registered with the Register
[KEUD] of Deeds [People v. Villalon, G.R. No. 43659
1. Offender Knew that a document was (1990)]
falsified by another person;
2. False document is Embraced in Articles Falsification by Falsification by
171 or 172 (1 or 2); Public Officer, Private Individual
3. He Used such document; Employee or Notary and Use of Falsified
4. The use caused Damage to another or at or Ecclesiastical Documents [Art.
least used with intent to cause damage. Minister [Art. 171] 172]
As to Offender
Committed by any Committed by any
Wrongful Intent Not Required in Public public officer, private individual, or
Documents employee, or notary any person who
General Rule: Wrongful intent is required in commits such
falsification of private documents. Falsification punishable acts.
through imprudence implies lack of such intent,
As to Acts Committed
thus there is no crime of falsification of a private

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Acts involve Acts involve private corporation engaged in the service

falsification of falsification of of sending or receiving wireless, cable or
documents by documents by telephone message;
CAAUDMAI (See: CAAUDMAI (See: 2. He Used such falsified dispatch; and
Art. 171 discussion). Art. 171 discussion). 3. The use Resulted in the prejudice of a third
party or at least there was intent to cause
Documents falsified such prejudice.
may pertain to: Any
public or official Employee of a Corporation
document, or letter of A private individual cannot be a principal by
exchange, or direct participation in falsification of telegraphic
commercial dispatches under Article 173, unless he is an
documents employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages. But a
m. Article 173 – Falsification of private individual can be held criminally liable
Wireless, Cable, Telegraph and as principal by inducement. [REYES, Book 2]
Telephone Messages, and Use of
Said Falsified Messages SECTION 5. FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
Mode 1: Uttering fictitious wireless, OR SERVICE AND THE LIKE
telegraph or telephone message
n. Article 174 – False Medical
Elements: [UO] Certificates, False Certificates of
1. Offender is an Officer or employee of the Merits of Service, Etc.
government or an officer or employee of a
private corporation, engaged in the service
Persons liable [Ph-PO-Pr]
of sending or receiving wireless, cable or
1. Physician or surgeon - issues a false
telephone message; and
certificate in connection with the practice
2. He Utters fictitious wireless, cable,
of his profession (it must refer to the illness
telegraph or telephone message.
or injury of a person);
2. Public Officer - issues a false certificate of
Mode 2: Falsifying wireless, telegraph or
merit of service, good conduct or similar
telephone message
circumstances; or
3. Private person - falsifies a certificate
Elements: [SF]
falling within the classes mentioned in the
1. Offender is an officer or employee of the
two preceding subdivisions.
government or an officer or employee of a
private corporation, engaged in the Service
of sending or receiving wireless, cable or o. Article 175 – Using False
telephone message; and Certificates
2. He Falsifies wireless, cable, telegraph or
telephone message. Elements: [IKU]
1. False certificate was Issued by the
Mode 3: Using such falsified message following:
Elements: [KUR] a. Physician or surgeon issues a false
1. Offender Knew that wireless, cable, Medical certificate, in connection with
telegraph, or telephone message was the practice of his profession;
falsified by an officer or employee of the
government or an officer or employee of a

Page 158 of 277

U.P. BOC CRIMINAL LAW II
b. Public officer issues a false certificate
of Merit of service, good conduct or
similar circumstances;
c. Private Person falsifies a certificate
falling within the 2 preceding
subdivisions.
2. Offender Knows that the certificate was
false;
3. He Uses the same
SECTION 6. MANUFACTURING,
IMPORTING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
p. Article 176 – Manufacturing and
Possession of Instruments or
Implements for Falsification
Acts punished: [MII]
1. Making or Introducing into the Philippines
any stamps, dies, marks, or other
instruments or implements for
counterfeiting or falsification; or
2. Possession with Intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by another
person.
Constructive Possession
As in Article 165, the possession contemplated
here is constructive possession. The
implements confiscated need not form a
complete set. [REYES, Book 2]
2. Chapter II: Other Falsities
SECTION 1. USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
NAMES, UNIFORMS AND INSIGNIA
a. Article 177 – Usurpation of
Authority or Official Functions
Mode 1: Usurpation of Authority (no
connection with the office represented)
Page 159 of 277
CRIMINAL LAW
Elements: [KO]
1. Offender Knowingly and falsely represents
himself;
2. As an Officer, agent or representative of
any department or agency of the Philippine
government or of any foreign government.
The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient. It is not necessary that he perform an
act pertaining to a public officer. [REYES, Book
2]
Mode 2: Usurpation of Official Functions.
(excess of authority)
Elements: [PAP-WiL]
1. Offender Performs any act;
2. Act pertains to any person in Authority or
public officer of the Philippine government
or any foreign government, or any agency
thereof;
3. Under Pretense of official position;
4. Without being Lawfully entitled to do so.
In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public
officer, in addition to other requirements.
[REYES, Book 2]
Good Faith as Defense
In prosecutions for usurpation of official
functions, good faith is recognized as a
defense. [Ruzol v. Sandiganbayan, G.R. Nos.
186739-960] Good faith is a state of mind
denoting honesty of intention and freedom from
knowledge of circumstances which ought to put
the holder upon inquiry. [Tiongco v. People
G.R. Nos. 218709-10]
b. Article 178 – Using Fictitious and
Concealing True Name
Mode 1: Using Fictitious Name
Elements: [NaP-CED]
1. Offender uses a Name other than his real
name;
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. He uses the fictitious name Publicly; Intent to Deceive

3. Purpose of use is to: General Rule: The offender must make use of
a. Conceal a crime; insignia, uniforms or dresses with intent to
b. Evade the execution of a judgment; or deceive.
c. Cause Damage
Exceptions: Intent is not necessary under:
Damage Must be to Public Interest 1. RA No. 492 – punishes the wearing of
If the purpose is for causing damage, it must be insignia, badge or emblem of rank of the
damage to public interest. If it is damage to members of the AFP. [Sec. 2]
private interest, the crime will be estafa under 2. RA No. 75 – punishes the unauthorized
Art 315 2(a). [REYES, Book 2] wearing of any naval, military, police or
other official uniform, decoration or regalia
Mode 2: Concealing True Name of a foreign State or one nearly resembling
the same, with intent to deceive or mislead.
Elements: [CoP] [Sec. 3]
1. Offender Conceals his true name and other 3. EO No. 297 – punishes the illegal
personal circumstances; manufacture, sale, distribution and use of
2. Purpose is only to conceal his identity. PNP uniforms, insignias and other
accoutrements.
Use of Fictitious Name vs. Concealment of
True Name SECTION 2. FALSE TESTIMONY
Use of Fictitious Concealing True
Name Name d. Article 180 – False Testimony
Element of Publicity Publicity not Against a Defendant
necessary
Elements: [P-TKA]
Purpose is to conceal Merely to conceal
1. There is a criminal Proceeding;
a crime, evade identity. 2. Offender Testifies falsely under oath
execution of
against the defendant therein;
judgment, cause 3. Offender Knows that it is false;
damage)
4. Defendant against whom the false
testimony is given is either Acquitted or
c. Article 179 – Illegal Use of convicted in a final judgment.
Uniforms and Insignia
Liability of Witness
Elements: [Us-ON-I] Witness who gave the false testimony is liable
1. Offender makes Use of insignia, uniforms even if his testimony was not considered by the
or dress; court. [REYES, Book 2]
2. The insignia, uniforms or dress pertains to
an Office Not held by such person or a Finality of Judgment
class of persons of which he is not a Complainant must wait for the finality of
member; judgment in the case where the false testimony
3. Said insignia, uniform or dress is used was given because the penalty for the violation
publicly and Improperly. of Art. 180 depends upon the penalty imposed
by the court in the case of the defendant,
NOTE: Wearing the uniform of an imaginary wherein the false testimony was given.
office is not punishable [REYES, Book 2].

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U.P. BOC CRIMINAL LAW II
Rule: Defendant must be sentenced to at least
a correctional penalty or a fine, or must be
acquitted.
Hence, when the accused is sentenced by
arresto menor, he shall not be liable for false
testimony [REYES, Book 2].
e. Article 181 – False Testimony
Favorable to the Defendant
Elements: [GFC]
1. A person Gives false testimony;
2. In Favor of the defendant;
3. In a Criminal case.
Testimony need not be Beneficial to the
Defendant
The testimony need not be beneficial to the
defendant. It is not necessary that the
testimony should directly influence the decision
of acquittal, it is sufficient that it was given with
the intent to favor the accused. [REYES, Book
2]
f. Article 182 – False Testimony in
Civil Cases
Elements: [FaC-RK-KMI]
1. False testimony is given in a Civil case;
2. Testimony Relates to the issues
presented in said case;
3. Offender Knows that testimony is false;
4. Testimony is Malicious; and
5. It was given with an Intent to affect the
issues in said case.
Suspension of Criminal Action
Pending the determination of the falsity of the
subject testimonies in the civil case, the
criminal action for false testimony must be
suspended. [REYES, Book 2]
g. Article 183 – False Testimony in
Other Cases and Perjury in Solemn
Affirmation
Acts Punished [TM]
1. Falsely Testifying under oath; or
Page 161 of 277
CRIMINAL LAW
2. Making a false affidavit.
NOTE: The false testimony should not be in a
judicial proceeding. [Diaz v. People, G.R. No.
L-65006 (1990)]
Perjury
Perjury is a crime other than false testimony
under Arts. 180 to 182; it is an offense which
covers false oaths not taken in the course of
judicial proceedings. [US v. Estraña, G.R. No.
5751 (1910)]
Elements of Perjury: [MaBe-WiRe]
1. Offender Makes a statement under oath or
executes an affidavit upon a material
matter;
2. Statement or affidavit is made Before a
competent officer, authorized to receive
and administer oaths;
3. Offender makes a Willful and deliberate
assertion of a falsehood in the statement or
affidavit;
4. The sworn statement or affidavit containing
the falsity is Required by law; made for a
legal purpose.
Oath – Any form of attestation by which a
person signifies that he is bound by conscience
to perform an act faithfully and truthfully.
[REYES, Book 2]
Affidavit – sworn statement in writing;
declaration in writing, made upon oath before
an authorized magistrate or officer. [Id]
No Perjury through Negligence or
Imprudence
This is because of the requirement that the
assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice
is a defense in perjury. [Id]
Subornation of Perjury
Subornation of perjury is committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty of perjury as a principal by
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

inducement. [US v. Ballena, 18 Phil. 382 3. Chapter III: Frauds

(1912)]
SECTION 1. MACHINATIONS,
Material vs. Relevant vs. Pertinent [REYES] MONOPOLIES AND COMBINATIONS
Material Relevant Pertinent a. Article 185 – Machinations in
Directed to Tends in any Concerns Public Auctions
prove a fact in reasonable collateral
issue degree to matters which Crime is Consummated by: [SA]
establish make more or 1. Mere Solicitation of gift or promise as
probability or less probable consideration for not bidding, or
improbability the 2. By mere Attempt to cause prospective
of a fact in proposition at bidders to stay away from an auction.
issue issue
NOTE: There is no perjury if the sworn Mode 1: Mode 2:
statement is not important, essential or Soliciting Gifts or Attempting to cause
material. [US v. Jurado, G.R. No. 10719 Promises bidders to stay away
(1915)] by threats, gifts,
promises or any
other artifice
Perjury Untruthful
[Art. 183] Statements in a 1. There is a Public auction
Narration of Facts
2. Offender Solicits 2. Offender Attempts
[Art. 171 par. 4]
any gift or a to cause the
Statement is made Statement is made in promise from any bidders to stay
before a competent a document, in a of the bidders away from that
officer, under oath. narration of facts. public auction
3. Such gift or 3. It is done by
h. Article 184 – Offering False promise is the Threats, gifts,
Testimony in Evidence Consideration for promises or any
his refraining from other artifice
Elements: [OK-Ma] taking part in that
1. Offender Offers in evidence a false public auction
witness or testimony; 4. Offender has the Intent to cause the
2. He Knows that the witness or the reduction of the price of the thing
testimony was false; auctioned.
3. The offer was Made in any judicial or
official proceeding.
b. Article 186 – Monopolies and
Offer of Evidence Combinations in Restraint of Trade
Offer of evidence begins at the moment a
witness is called to the stand and interrogated NOTE: This article has been repealed by the
by counsel. The witness must testify. [Rules of Philippine Competition Act, which was signed
Court, Rule 132] into law on July 21, 2015.

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U.P. BOC CRIMINAL LAW II
SECTION 2. FRAUDS IN COMMERCE AND
INDUSTRY
c. Article 187 – Importation and
Disposition of Falsely Marked
Articles or Merchandise Made of
Gold, Silver, or other Precious
Metals or their Alloys
Elements: [Im-FaK]
1. Offender Imports, sells or disposes of any
of those articles or merchandise (i.e. gold,
silver, other precious metals or their
alloys)
2. The stamps, brands, or marks of those
articles of merchandise Fail to indicate the
actual fineness or quality of said metals or
alloys
3. Offender Knows of such failure to indicate
the actual fineness or quality of the metals
or alloys
Article 187 does not apply to the manufacturer
of misbranded articles – he would be liable for
estafa under Art. 315(2)(b). [REYES, Book 2]
E. CRIMES RELATIVE TO OPIUM
AND OTHER PROHIBITED
DRUGS [Arts. 190 to 194]
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002 (R.A. 9165, AS AMENDED BY
RA 10640)
NOTE: R.A. No. 9165, as amended by RA
10640 has repealed Book Two, Title V (Crimes
Relative to Opium and Other Prohibited Drugs)
of the RPC.
Definition of Terms:
1. Dangerous Drugs (DD) - Those listed in
the schedules annexed to the:
a. 1961 Single Convention on Narcotic
Drugs, as amended by the 1972
Protocol; and
b. 1971 Single Convention on
Psychotropic Substances as
enumerated in the attached annex
Page 163 of 277
CRIMINAL LAW
which is an integral part of this Act.
[Sec. 3(j), RA 9165]
2. 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 as
enumerated in the attached annex, which
is an integral part of this Act. [Sec. 3(h), RA
9165]
3. Drug Syndicate - Any organized group of
two (2) or more persons forming or joining
together with the intention of committing
any offense prescribed under this Act.
[Sec. 3(o), RA 9165]
4. Financier - Any person who pays for,
raises or supplies money for, or
underwrites any of the illegal activities
prescribed under this Act. [Sec. 3(q), RA
9165]
5. Protector or Coddler - Any person who
knowingly and willfully consents to the
unlawful acts provided for in this Act and
uses his/her influence, power or position in
shielding, harboring, screening or
facilitating the escape of any person he/she
knows, or has reasonable grounds to
believe on or suspects, has violated the
provisions of this Act in order to prevent the
arrest, prosecution and conviction of the
violator. [Sec. 3(ee), RA 9165]
6. Pusher - Any person who sells, trades,
administers, dispenses, delivers or gives
away to another, on any terms whatsoever,
or distributes, dispatches in transit or
transports dangerous drugs or who acts as
a broker in any of such transactions, in
violation of this Act. [Sec. 3(ff), RA 9165]
ACTS PUNISHABLE UNDER RA 9165:
1. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
U.P. BOC CRIMINAL LAW II
and/or Controlled Precursors and
Essential Chemicals [Sec. 5, RA 9165]
Punishable Acts [ST-A-DiDeDi-T]:
Acts Elements/Definition
Sale of DD There must be:
and/or ● Proof that the
CP/EC [PP] transaction or sale
took place; and
● Presentation in court
of the corpus delicti
or illicit drug as
evidence [People v.
Turemutsa, G.R. No.
227497, (2019)]
Trading Transactions involving
the illegal trafficking of
dangerous drugs and/or
controlled precursors
and essential chemicals
using electronic
devices such as, but not
limited to, text messages,
email, mobile or
landlines, two-way
radios, internet, instant
messengers and chat
rooms or acting as a
broker in any of such
transactions whether for
money or any other
consideration in violation
of this Act. [Sec. 3(jj), RA
9165]
Administrating Any act of introducing
any dangerous drug
into the body of any
person, with or without
his/her knowledge, by
injection, inhalation,
ingestion or other means,
or of committing any act
of indispensable
assistance to a person in
administering a c. If the Victim of the offense is a minor or a
dangerous drug to
Page 164 of 277
CRIMINAL LAW
himself/herself unless
administered by a duly
licensed practitioner for
purposes of medication.
[Sec. 3(a), RA 9165]
Dispensation Any act of giving away,
selling or distributing
medicine or any
dangerous drug with or
without the use of
prescription. [Sec. 3(m),
RA 9165]
Delivery Any act of knowingly
passing a dangerous
drug to another,
personally or otherwise,
and by any means, with
or without consideration.
[Sec. 3(k), RA 9165]
Distribution -
Transportation
NOTE: In the Illegal sale of DD and/or CP/EC,
presentation of the buy-bust money is not
indispensable to the prosecution of a drug case
[People v. Martin, G.R. No. 193234, (2011)]
Maximum Penalty is Imposed [100 - UVF]:
a. If the illegal activities transpire within 100
meters from a school [Sec. 5 (3), RA 9165];
b. Using minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade [Sec. 5 (4), RA 9165];
mentally incapacitated individual, or should
a dangerous drug and/or a controlled
U.P. BOC CRIMINAL LAW II
precursor and essential chemical involved
in any offense herein provided be the
proximate cause of death of a victim
thereof [Sec. 5 (5), RA 9165];
d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal
activities. [Sec. 5 (6), RA 9165];
2. Possession of Dangerous Drugs [Sec.
11, RA 9165]
Elements: [PNF]
a. The accused is in Possession of an item or
object, which is Identified to be prohibited
or regulated drug
b. Such possession is Not authorized by law;
and
c. The accused Freely and consciously
possessed the drug [People v. Trinidad,
G.R. No. 199898, (2014) citing People v.
Quiamanlon, G.R. No. 191198 (2011)]
Constructive Possession
Exists when the drug is under the dominion and
control of the accused or when he has the right
to exercise dominion and control over the place
where it is found. [id.]
NOTE: Exclusive possession or control is not
necessary. [id.]
Presumption of Possession
When prohibited and regulated drugs are found
in a house or other building belonging to and
occupied by a particular person, the
presumption arises that such person is in
possession of such drugs in violation of law,
and the fact of finding the same is sufficient to
convict [People v. Torres, G.R. No. 170837,
(2006)]
Possession is Absorbed in the Sale of DD
Possession of prohibited or dangerous drugs is
absorbed in the sale thereof [People v.
Posada, G.R. No. 196052, (2015)]
3. Use of Dangerous Drugs [Sec. 15, RA
9165]
Page 165 of 277
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Committed by a person apprehended or
arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test
[Sec. 15, RA 9165]
NOTE: Section 15 shall not be applicable
where the person tested is also found to have
in his/her possession such quantity of any
dangerous drug provided for under Section 11
of this Act (Possession of Dangerous Drugs),
in which case the provisions stated therein
shall apply [id.]
Confirmatory Test
An analytical test using a device, tool or
equipment with a different chemical or physical
principle that is more specific which will
validate and confirm the result of the screening
test. [Sec. 3 (f), RA 9165]
Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender
Under the Influence of Dangerous Drugs
Notwithstanding the provisions of any 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 application of
the penalty provided for in the Revised Penal
Code shall be applicable [Sec. 25, RA 9165]
OTHER PUNISHABLE ACTS:
1. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals [Sec. 4, RA 9165]
2. Maintenance of a Den, Dive or Resort.
[Sec. 6, RA 9165]
Den, Dive or Resort
A place where any dangerous drug and/or
controlled precursor and essential
chemical is administered, delivered, stored
for illegal purposes, distributed, sold or
used in any form. [Sec. 3(l), RA 9165]
U.P. BOC CRIMINAL LAW II
3. Employees and Visitors of a Den, Dive
or Resort. [Sec. 7, RA 9165]
Acts Punished: [EV]
1. Employment in a den, dive or resort, by an
employee who is aware of the nature of the
place as such; and
2. Visiting of any person, not being included
in (1), who is aware of the nature of the
place as such and shall knowingly visit the
same.
Employee of a Den, Dive or Resort
The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner
and/or operator where any dangerous drug
and/or controlled precursor and essential
chemical is administered, delivered,
distributed, sold or used, with or without
compensation, in connection with the operation
thereof [Sec. 3(p), RA 9165]
4. Manufacturing Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. [Sec. 8, RA 9165]
Manufacturing
The production, preparation, compounding or
processing of any DD and/or CP and EC, either
directly or indirectly or by extraction from
substances of natural origin, or independently
by means of chemical synthesis or by a
combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or
relabeling of its container [Sec 3(u), RA 9165]
Exception: Does not include the preparation,
compounding, packaging or labeling of a drug
or other substances by a duly authorized
practitioner as an incident to his/her
administration or dispensation of such drug in
the course of his/her professional practice
including research, teaching and chemical
analysis of dangerous drugs or such
substances that are not intended for sale or for
any other purpose. [id.]
Page 166 of 277
CRIMINAL LAW
Presence of CP and/or EC as Prima Facie
Evidence
The presence of any controlled precursor and
essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. [Sec.
8(3), RA 9165]
Aggravating Circumstances [Sec. 8(3), RA
9165]
If the clandestine laboratory is undertaken or
established under the following circumstances
[M-100-BCE]:
a. Any phase of the manufacturing process
was conducted in the presence or with the
help of Minor/s;
b. Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
c. Any clandestine laboratory was secured or
protected with Booby traps;
d. Any Clandestine laboratory was concealed
with legitimate business operations; or
e. Any Employment of a practitioner, chemical
engineer, public official or foreigner.
5. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals.
[Sec. 9, RA 9165]
Chemical Diversion
The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured
or procured controlled precursors and essential
chemicals, in diluted, mixtures or in
concentrated form, to any person or entity
engaged in the manufacture of any dangerous
drug, and shall include packaging,
repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front
companies or mail fraud. [Sec. 3(d), RA 9165]
6. Manufacturing or Delivering of
Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals. [Sec. 10, RA 9165]
 U.P. BOC CRIMINAL LAW II
7. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs. [Sec. 12, RA 9165]
Possession of such Equipment as Prima
Facie Evidence of Use
The possession of such equipment,
instrument, apparatus and other paraphernalia
fit or intended for any of the purposes
14. enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has
smoked, consumed, administered to
himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have
violated Section 15 (Use of Dangerous Drugs)
of this Act. [Sec. 12 (2), RA 9165]
8. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings.
[Sec. 13, RA 9165]
Any person found possessing any dangerous
drug during a party, or at a social gathering or
meeting, or in the proximate company of at
least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act
(Possession of Dangerous Drugs), regardless
of the quantity and purity of such dangerous
drugs [id.]
9. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings or in the
proximate company of at Least 2 People
[Sec. 14, RA 9165]
10. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources Thereof. [Sec. 16, RA 9165]
11. Failure in Maintaining and Keeping of
Original Records of Transactions on
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals in
Accordance with Sec. 40 of RA 9165
[Sec. 17, RA 9165]
Page 167 of 277
CRIMINAL LAW
12. Unnecessary Prescription of Dangerous
Drugs. [Sec. 18, RA 9165]
The practitioner who unnecessarily prescribed
the dangerous drugs will have his/her license
to practice revoked [id.]
13. Unlawful Prescription of Dangerous
Drugs. [Sec. 19, RA 9165]
“Planting" of any dangerous drug
and/or controlled precursor and
essential chemical, regardless of
quantity and purity [Sec. 29, RA 9165]
“Planting” of Evidence
The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any
overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor
and essential chemical in the person, house,
effects or in the immediate vicinity of an
innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this Act. [Sec. 3
(cc), RA 9165]
Immunity from Prosecution [Sec. 33]
Any person shall be exempted from
prosecution or punishment for the offense with
reference to which his/her information of
testimony were given, and may plead or prove
the giving of such information and testimony in
bar of such prosecution, when the person:
[VIT]
1. Violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act:
2. Voluntarily gives Information about;
a. Any violation of Sections 4, 5, 6, 8, 10,
13, and 16, Article II of this Act as well
as any violation of the offenses
mentioned if committed by a drug
syndicate, or
b. Any information leading to the
whereabouts, identities and arrest of all
or any of the members thereof;
3. Who willingly Testifies against such
persons;
U.P. BOC CRIMINAL LAW II
Conditions which must concur in order for
the person to enjoy Immunity from
Prosecution:
[NN-CMC]
1. The information and testimony are
Necessary for the conviction of the persons
described above;
2. Such information and testimony are Not yet
in the possession of the State;
3. Such information and testimony can be
Corroborated on its material points;
4. the informant or witness has not been
previously convicted of a crime involving
Moral turpitude, except when there is no
other direct evidence available for the State
other than the information and testimony of
said informant or witness; and
5. The informant or witness shall strictly and
faithfully Comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment. [Sec. 33(1-5), RA 9165]
NOTE: The above provision operates in spite
of the provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165]
Immunity may be Enjoyed by a Witness
Who Does Not Appear to be the Most Guilty
Immunity may be enjoyed by an informant or
witness who does not appear to be most guilty
for the offense with reference to which his/her
information or testimony were given.
Provided, there is no direct evidence available
for the State except for the information and
testimony of the said informant or witness. [id.]
Termination of the Grant of Immunity
The immunity granted to the informant or
witness shall not attach: [Sec. 34, RA 9165]
1. Should it turn out subsequently that the
information and/or testimony is false or
made only for the purpose of harassing or
in any way prejudicing the persons
described in the preceding Section.
Page 168 of 277
CRIMINAL LAW
2. In case an informant or witness under this
Act fails or refuses to testify without just
cause, and when lawfully obliged to do so,
or should he/she violate any condition
accompanying such immunity as provided
above.
NOTE: In case the informant or witness
referred to under this Act falls under the
applicability of this Section hereof, such
individual cannot avail of the provisions under
Article VIII of this Act (Program for Treatment
and Rehabilitation of Drug Dependents). [Sec.
34(3), RA 9165]
CHAIN OF CUSTODY RULE [SEC. 21, R.A.
9165, AS AMENDED BY RA 10640]
Chain of Custody
The duly recorded authorized movements and
custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs
or laboratory equipment of each stage, from
the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
presentation in court for destruction.
[Dangerous Drugs Board Resolution No. 1,
Series of 2002, Implementing RA 9165, Sec.
1(b)]
Procedure [Sec. 21, 9165, as amended by RA
10640]
PDEA shall take charge and have custody of
all dangerous drugs, plant sources of DDs,
CPs and ECs, as well as
instruments/paraphernalia and/or laboratory
equipment confiscated, seized and/or
surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
1. Apprehending team having initial custody
shall conduct a physical Inventory of the
seized items and Photograph the same in:
a. The presence of the accused or the
person/s from whom such items were
confiscated and/or seized; or
b. His/her representative or counsel, with:
i. An elected public official; and
ii. Representative of the National
Prosecution Service or the
U.P. BOC CRIMINAL LAW II
media who shall be required to
sign the copies of the inventory
and be given a copy thereof.
Place of Conducting Inventory and
Photograph
a. Place where the search warrant is
served; or
b. Nearest police station; or
c. Nearest office of the apprehending
officer/team, whichever is practicable,
in case of warrantless seizures.
2. Submit items confiscated within 24 hours to
the PDEA Forensic Laboratory for a
qualitative or quantitative examination;
3. Certification of the forensic laboratory
examination results, shall be issued
immediately upon the receipt of the subject
item/s.
Partial Laboratory Examination Report –
allowed to be issued provisionally when the
volume of the items do not allow the
completion of testing within the time frame,
stating the quantities of dangerous drugs
still to be examined by the forensic
laboratory: Provided, a final certification
shall be issued immediately upon
completion of the said examination and
certification;
4. Filing of a criminal case in court;
5. After the filing, the Court shall, within 72
hours, conduct an ocular Inspection of the
confiscated, seized and/or surrendered
items;
6. PDEA, within 24 hours, shall thereafter
proceed with the destruction or burning of
the items, in the presence of the following:
a. Accused or representative or counsel;
and
b. Representative from:
i. Media;
ii. DOJ,
iii. Civil society groups; and
iv. Any elected public official.
Page 169 of 277
CRIMINAL LAW
7. Sworn Certification shall be issued by the
Dangerous Drugs Board, as to the fact of
destruction or burning of the items. A
representative sample, however, shall be
submitted to the court having jurisdiction
over the case.
8. After the Promulgation and judgment in the
criminal case, the representative sample,
with leave of court and after informing the
board of the termination of the case, the
prosecutor shall request the turn over of
the representative sample to the PDEA for
proper disposition and destruction within
24 hours from receipt.
LAPSES IN PROCEDURE
Minor Lapses
Failure of the apprehending team to strictly
comply with the procedure laid out in Section
21 of RA 9165 and its IRR does not ipso facto
render the seizure and custody over the items
as void and invalid. [People v. Lim, G.R. No.
223556, (2017)]
Two Conditions that Must be Complied with
To Justify a Minor Procedural Lapse
The prosecution must satisfactorily prove that:
1. There is Justifiable ground for non-
compliance; and
2. The integrity and evidentiary value of the
seized items are properly Preserved. [id.]
Unjustified Failure to Comply Results to the
Acquittal of the Accused
Unjustified failure of the authorities to comply
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti. [People v. Ga-
a, G.R. No. 222559, (2018)]
Rationale: suffices to rebut the presumption of
regularity in the performance of official duties,
acquitting the accused from liability. [id.]
PLEA BARGAINING
Section 23 of Republic Act No. 9165 is
declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court
[Estipona v. Lobrigo, G.R. No. 226679, (2017)]
U.P. BOC CRIMINAL LAW II
NOTE: The SC, in the exercise of its rule-
making power, has issued OCA Circular 90-
2018 (May 4, 2018) to enjoin the courts to
comply with AM No. 18-03-16 (Adoption of the
Plea Bargaining Framework in Drugs Cases).
F. CRIMES AGAINST
PUBLIC MORALS
1. Chapter I: Gambling and
Betting
a. ANTI-GAMBLING LAW (PD. 1602
as amended by RA 9287 [ANTI-
ILLEGAL NUMBERS GAMES
LAW])
NOTE: Articles 195-199 of the RPC, R.A. 3063
(Horse racing Bookies), P.D. 449
(Cockfighting), P.D. 483 (Game Fixing), P.D.
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306
(Jai-Alai Bookies) and other City and Municipal
Ordinances or gambling which are inconsistent
with this decree are hereby repealed [Sec. 3,
PD 1602]
Gambling
Gambling is any game or scheme, whether
upon chance or skill, wherein wagers
consisting of money, articles or value or
representative of value are at stake or made
[REYES, Book 2]
ACTS PUNISHED: [TaP-PoM-BaS]
Note: Article 195, which enumerates the acts
punishable, has been wholly repealed by Sec.
1, PD 1602.
1. Taking part, directly or indirectly, in any
illegal or unauthorized activities or games
of:
a. Cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
b. Cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;
Page 170 of 277
CRIMINAL LAW
d. Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
e. Paik que, high and low, mahjong,
domino and other games using plastic
tiles and the likes;
f. Slot machines, roulette, pinball and
other mechanical contraptions and
devices;
g. Dog racing, boat racing, car racing and
other forms of races;
h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
fixing, point shaving and other
machinations;
i. Banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or
made;
2. Knowingly Permitting any form of gambling
referred to in the preceding subparagraph
to be carried on in an inhabited or
uninhabited place or in any building, vessel
or other means of transportation owned or
controlled by him.
Qualifying Circumstance: If the place
where the illegal gambling is carried on has
a reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
government building or barangay hall, a
higher penalty will be imposed [Sec.
1(a)(1), PD 1602]
3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner
used in the mentioned games of lotteries
and numbers which have taken place or
about to take place, knowingly and without
lawful purpose in any hour of any day.
4. Maintaining or conducting above gambling
schemes.
U.P. BOC CRIMINAL LAW II
Maintainer, Manager or Operator
Any person who maintains, manages or
operates any illegal number game in a
specific area from whom the coordinator,
controller or supervisor, and collector or
agent take orders. [Sec. 2(i), RA 9287]
Conductor
A person who sets up and furnishes the
means with which to carry on the gambling
game or scheme. [REYES, Book 2]
Qualifying Circumstance: If the maintainer,
conductor or banker of said gambling
schemes is a government official, or where
such government official is the player,
promoter, referee, umpire, judge or coach,
the official shall be temporarily absolutely
disqualified and higher penalty will be
imposed [Sec. 1(c), PD 1602]
5. Failing to abate illegal gambling or take
action in connection therewith by a
Barangay official who has knowledge of
the existence of a gambling house or place
in his jurisdiction.
6. Any Security officer, security guard,
watchman, private or house detective of
hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling
activities are being held.
Spectators are Not Liable in Gambling
A mere bystander or spectator in a gambling
game is not criminally liable because he does
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905)
Playing for Money is Not an Essential
Element
When the law names the games, punishing any
person who take part therein, its purpose is to
prohibit absolutely those games regardless
whether or not money is involved [REYES,
Book 2]
Page 171 of 277
CRIMINAL LAW
Informer’s Reward
Any person who shall disclose information that
will lead to the arrest and final conviction of the
malefactor shall be rewarded 20% of the cash
money or articles of value confiscated or
forfeited. [Sec. 3, PD 1602]
Lottery
It is a scheme for the distribution of prizes by
chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize [U.S. v. Filart, G.R. No.
10263, (1915)]
Elements: [CCP]
1. Consideration;
2. Chance; and
3. Prize or some advantage or inequality in
amount or values which is in the nature of
a prize [Uy v. Palomar, G.R. No. L-23248,
(1969)]
No Lottery when there is Full Value of
Money
There is no lottery when there is full value for
money and the prize is merely incidental, this
is because the player obtains full value of his
money.
b. INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES (PD
9287)
Illegal Numbers Game
Any form of illegal gambling activity which uses
numbers or combinations thereof as factors in
giving out jackpots. [Sec. 2(a), RA 9287]
Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who participates
in any illegal numbers game who: [BS-VCC-
MFC]
1. Acts as a Bettor;
2. Acts as a Personnel or Staff of an illegal
numbers game operation;
3. Allows his Vehicle, house, building or land
to be used in the operation of the illegal
numbers games;
4. Acts as a Collector or agent;
U.P. BOC CRIMINAL LAW II
5. Acts as a Coordinator, controller or
supervisor;
6. Acts as a Maintainer, manager or operator;
7. Acts as a Financier or capitalist; and
8. Acts as protector or Coddler.
Possession of Gambling Paraphernalia as
Prima Facie evidence
Possession of any gambling paraphernalia and
other materials used in the illegal numbers
game operation shall be deemed prima facie
evidence of any offense covered by this Act.
[id.]
c. Article 196 – Importation, Sale and
Possession of Lottery Tickets and
Advertisements
Acts Punished: [IPSS]
1. Importing into the Philippines from any
foreign place or port any lottery ticket or
advertisement;
2. Possessing, knowingly and with intent to
use, lottery tickets or advertisements;
3. Selling or distributing the same in
connivance with the importer; and
4. Selling or distributing the same without
connivance with the importer [REYES,
Book 2]
Presumption of Intent
The possession of any lottery ticket or
advertisement is prima facie evidence of an
intent to sell, ditribute or use the same [Art. 196
(3), RPC]
Lottery Tickets Need Not be Genuine
It is not necessary that the lottery tickets be
genuine, as it is enough that they be given the
appearance of lottery tickets [U.S. vs. Reyes,
G.R. 7260, (1912)]
Page 172 of 277
CRIMINAL LAW
d. Article 197 – Betting in Sports
Contests (Repealed by PD 483)
PENALIZING BETTING, GAME
FIXING OR POINT-SHAVING
AND MACHINATIONS IN
SPORT CONTESTS (PD 483)
Prohibited Acts
Game-fixing, point-shaving, machination, as
defined in the preceding section, in connection
with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-
alai", "sipa", "pelota" and all other sports
contests, games or races; as well as betting
therein except as may be authorized by law
[Sec. 2, PD 483]
Betting
Betting money or any object or article of value
or representative of value upon the result of
any game, races and other sports contest.
[Sec. 1(a), PD 483]
Game-fixing
Any arrangement, combination, scheme or
agreement by which the result of any game,
races or sports contests shall be predicted
and/or known other than on the basis of the
honest playing skill or ability of the players or
participants. [Sec. 1(b), PD 483]
Point-shaving
Any such arrangement, combination, scheme
or agreement by which the skill or ability of any
player or participant in a game, races or sports
contests to make points or scores shall be
limited deliberately in order to influence the
result thereof in favor of one or other team,
player or participant therein. [Sec. 1(c), PD
483]
Game-machinations
Any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sport contest.
[Sec. 1(d), PD 483]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Offenders Punished [Sec. 3, PD 483]: [OOG] Days When Horse Racing is Allowed vs.
1. An Official, such as promoter, referee, Days when Horse Racing is NOT Allowed
umpire, judge, or coach in the game, race [RA 309 Sec. 4, as amended by Sec. 1, RA.
or sports contests, or the manager or 983]
sponsor of any participating team,
Days When Horse Days When Horse
individual or player therein, or participants
Racing is Permitted Racing is Not
or players in such games, races or other
[SSH - IRVTF] Permitted
sports contests;
[JD-VTF]
2. Any other Offender;
3. An official or employee of any Government
office or agency concerned with the 1. Sundays not 1. July 4th of each
enforcement or administration of laws and reserved by the year [RA 137]
regulations on sports. Commission; 2. December 30
2. 24 Saturdays as of each year
e. Article 198 – Illegal Betting On determined by the [RA 229]
Commission; and 3. Any registration
Horse Races [Repealed by Act. 3. Legal Holidays, or Voting day
309, as amended by RA 983] except: [RA 180]
a. Independence 4. Holy Thursday
Acts Punished: [BM] Day; and Good
1. Betting on horse races during the periods b. Rizal Day; Friday
not allowed by law; and c. Registration or
2. Maintaining or employing a totalizer or Voting day;
other device or profit therefrom, during d. Holy Thursday;
periods not allowed by law. and
e. Good Friday
Games and Amusements Board
The supervision and regulation of horse-races
in the Philippines shall be vested in a Race held the Same Day is a Separate
Commission on Races (now called the Games Offense
and Amusements Board) [RA 309, as Any race held in the same day at the same
amended by RA 983] place shall be held punishable as a separate
offense [Art. 198(2), RPC]
Totalizer
A Machine for registering and indicating the f. Article 199 – Illegal Cockfighting
number and nature of bets made on horse [amended by PD 449]
races. [id.]
Cockfighting
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]

Persons Liable [Art. 199, as amended by PD

449]: [DOrC-FA]
1. Any person who directly or indirectly
participates in cockfights, by betting money
or other valuable things on a Day other
than those permitted by law;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Any person who directly or indirectly,
Organizes cockfights at which bets are
made, on a day other than those permitted
by law;
3. Any person who directly or indirectly
participates in cockfights, at a place other
than a licensed Cockpit.
4. When the offender is the Financer, owner,
manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or
5. Allowing, promoting or participating in any
other kind of gambling in the premises of
cockfights during cockfights.
Days Cockfighting is allowed [Sec. 5(d), PD
449]:
1. Sundays;
2. Legal Holidays, EXCEPT:
a. Rizal Day;
b. Independence Day;
c. National Heroes Day;
d. Holy Thursday;
e. Good Friday;
f. Election or Referendum Day; and
g. During the Registration Days for
Election or Referendum;
3. During local fiestas for not more than 3
days; and
4. During provincial, city or municipal,
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of
3 days
Spectators in a Cockfight Are Not Liable
The decree [PD 449] does not punish a person
attending as a spectator in a cockfight.
[REYES, Book 2]
2. Chapter II: Offenses Against
Decency and Good Customs
3. The highly scandalous conduct is Not
expressly falling within any other Art. of the
RPC; and
4. The act/s complained of be committed in a
Public place or within the Public knowledge
or view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Grave Scandal
Consists of acts which are offensive to decency
and good customs which, having been
committed publicly, have given rise to public
scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
Decency
Propriety of conduct, proper observance of the
requirement of modesty, good taste, etc. [id.]
Customs
Established usage and social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof [id.]
Act/s Must be Performed In:
1. Public place; or
2. Private place within public knowledge or
view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Public Place vs. Private Place [REYES, Book
2]
Public Place Private Place
Public View Requirement
Public view is not Public view or public
required knowledge is
required.
Degree of Publicity

a. Article 200 – Grave Scandal Criminal Liability Degree of publicity is

arises irrespective of an essential element
Elements: [PSNP] whether the immoral of the crime.
1. The offender Performs an act/acts; act is open to the
2. Such act/s are highly Scandalous as public’s view.
offending against decency or good
customs; NOTE: When the act is committed at night, in
a private house, and only one person was

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U.P. BOC CRIMINAL LAW II
present, this does not constitute the degree of
publicity which is an essential element of the
crime [U.S. v. Catajay, G.R. No. 2785, (1906)]
b. Article 201 – Immoral Doctrines,
Obscene Publications and
Exhibitions and Indecent Shows
(as amended by PD 960 and 969)
Persons Liable: [PA-ExGSRDC-S]
1. Those who shall Publicly expound or
proclaim doctrines openly contrary to
public morals;
2. Authors of obscene literature, published
with their knowledge in any form; the
editors publishing such literature; and the
owners/operators of the establishment
selling the same;
NOTE: Author is liable only when it is
published with his knowledge [REYES,
Book 2]
3. Those who, in theaters, fairs,
cinematographs or any other place,
Exhibit, indecent or immoral plays, scenes,
acts or shows, whether live or in film, which
are prescribed by virtue hereof, and shall
include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy
the market for violence, lust or
pornography;
c. Offend any race or Religion;
d. Tend to abet traffic in and use of
prohibited Drugs; and
e. Contrary to law, public order, morals,
and 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.
Distribution is the Act Punished
Hence, the isolated, casual or occasional act of
giving such kind of literature to a single
recipient is not punishable. [REYES, Book 2]
Page 175 of 277
CRIMINAL LAW
Definition of Terms:
1. Moral - Implies conformity with the
generally accepted standards of goodness
or rightness in conduct or character,
sometimes, specifically to sexual conduct
[Id.]
2. Indecency - An act against the good
behavior and a just delicacy [id.]
3. Obscenity - Something offensive to
chastity, decency or delicacy [U.S. v.
Kottinger, G.R. No. L-20569, (1923)]
Publicity is Essential to be Liable
Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is
not punishable since the purpose of the law is
to prohibit the dissemination of obscene
materials to the public. [Fernando v. CA, G.R.
No. 159751, (2006)]
Mere Nudity in Pictures or Paintings is Not
Obscenity
The proper test is whether the motive of the
picture, as indicated by it is pure or impure
[People vs. Serrano, CA-G.R. No. 5566-R,
(1950)]
c. Article 202 – Vagrants and
Prostitutes (as amended by RA
10158)
Vagrancy [REYES, Book 2]
The loitering around of a person in public or
private places, without apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling. They may be:
1. An Idle or dissolute person who lodges in
houses of ill-fame
2. Ruffian or pimp; or
3. One who habitually associates with
prostitutes.
NOTE: RA 10158 has decriminalized
Vagrancy, thus Art. 202 now penalizes
prostitution only and all pending cases that that
were or are under the provisions of Article 202
of the RPC on Vagrancy prior to its amendment
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

by this RA 10158 shall be dismissed upon instead uses

effectivity of the Act. [Sec. 2, RA 10158] begging as a means
of living.
Mendicancy Law [PD 1563]
Mendicant
Refers to any person, except those
enumerated in Section 4 of PD 1563 who has
no visible and legal means of support, or lawful
employment and who is physically able to work
but neglects to apply himself to some lawful
calling and instead uses begging as a means
of living [Sec. 3 (a), PD No. 1563] Prostitution [Art. 202(2), RPC]
A woman is a prostitute when:
Persons Not Considered as Mendicants: [I- 1. She Habitually indulges in:
8-15] a. Sexual intercourse, or
1. Infants; b. Lascivious conduct
2. Child below 8 yrs. found begging or utilized 2. For Money or profit.
by the Mendicant; and
3. Minor over 9 yrs., under 15 found: The Following are NOT Acts of Prostitution:
a. Begging or is being utilized for the 1. One sexual encounter for money does not
purposes of begging; and make a woman a prostitute [REYES, Book
b. Acted without discernment [Sec. 4, PD 2]
No. 1563] 2. Several intercourses with different men
does not make a woman a prostitute, if
Persons Liable Under the Mendicancy Law: there is no evidence that she indulged in
[MA] sexual intercourse for money or profit. [id.]
1. Mendicant;
2. Any person who Abets mendicancy by G. CRIMES COMMITTED
giving alms directly to mendicants,
exploited infants and minors on public BY PUBLIC OFFICERS
roads, sidewalks, parks and bridges shall
be punished by a fine. RPC may be given extra-territorial application
under Article 2 (5) for these crimes.
Vagrancy vs. Mendicancy
Vagrancy Mendicancy 1. Chapter I: Preliminary
[Art. 202, RPC] [Sec. 3(a), PD. Provisions
1563]

As to Offender a. Article 203 – Who Are Public

Officers
Without apparent Without apparent
means of means of support, Elements [P-SEA-LEA]:
subsistence, who or lawful A public officer is one who:
has the physical employment and 1. Takes part in the Performance of public
ability to work and who is physically functions in the government;
who neglects to able to work but 2. Performs in said government or in any of its
apply himself or neglects to apply branches public duties as an Employee,
herself to some himself to some Agent or Subordinate official, of any rank
lawful calling. lawful calling and or class; and

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. His authority to take part in the 2. Chapter II: Malfeasance and

performance of public functions or to
perform public duties must be: Misfeasance in Office
a. By direct provision of the Law;
b. By popular Election; or Malfeasance (Direct Bribery and Indirect
c. By Appointment by competent Bribery) The performance of an act which
authority ought not to be done [REYES, Book 2]

“Public Officers” Includes Every Public
Servant
The term “public officers” embraces every
public servant from the highest to lowest rank.
The distinction between “officer” and
“employee” for the purposes of the RPC is
obliterated. [Macalino v. Sandiganbayan, G.R.
Nos. 140199-200 (2002)]
It includes elective and appointive officials and
employees, permanent or temporary:
1. Career or non-career service, including
military and police personnel, whether
compensated or not [Sec. 3(b), RA 6713]
2. Classified or unclassified or exempt service
receiving compensation, even nominal,
from the government. [Sec. 2(c), RA 3019]
What are Considered “Official Duties”
Includes those which are in one’s capacity to
perform by reason of his office. [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)]
Misfeasance (see Arts 204-207: acts by a
judge) Improper performance of some act
which might lawfully be done [id.]
Nonfeasance (Prosecution)
Omission of some act which ought to be
performed [id.]
SECTION 1. DERELICTION OF DUTY
a. Article 204 – Knowingly Rendering
Unjust Judgment; and
b. Article 205 – Judgment Rendered
Through Negligence
Elements
Knowingly Rendering Judgement Rendered
Unjust Judgement Through Negligence
(Art. 204) [JSUK] (Art. 205) [JSMN]
1. Offender is a Judge

Coverage of GOCCs 2. He renders a judgment in a case Submitted

to him for decision
GOCCs created by law are covered while
GOCCs registered with the SEC (including 3. Judgment is Unjust 3. Judgment is
sequestered companies) are not. [Macalino v. Manifestly unjust
Sandiganbayan, G.R. Nos. 140199-200
(2002)] 4. Judge Knows that 4. It is due to his
his judgment is inexcusable
Based on RA 8249, presidents, directors, unjust Negligence or
ignorance
trustees, and managers of all GOCCs,
regardless of type, are subject to the As to Requirement of Bad Faith
jurisdiction of the Sandiganbayan when they
are involved in graft and corruption. [People v. Required. Accordingly, Not required 205
SB, G.R. No. 167304 (2009)] mere error which was because it is based on
committed in good negligence or
faith is a proper ignorance.
defense [Heirs of
Yasin v. Felix, A.M.
No. RTJ-94-1167
(1995)].

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Judgment Not Applicable to Collegiate Courts

A final order which disposes of the whole The offense refers only to a judgment of an
subject matter or terminates a particular individual judge in his court, and not to the
proceeding or action, leaving nothing to be judgment rendered in a collegial court by the
done but to enforce by execution what has members thereof. [In Re: Wenceslao Laureta,
been determined [Funk v. Santos Ventura G.R. No. L-68635 (1987); In Re: Joaquin T.
Hocorma Foundation, Inc, G.R. No. 212346 Borromeo, A.M. No. 93-7-696-0 (1995)]
(2016)]
Rationale: This is because collegiate courts
Test to Determine an Unjust Order or reach their collective judgement after due
Judgment deliberation and consultation among the
The test to determine whether an order or members. [id.]
judgment is unjust is that such may be inferred
from the circumstances that it is contrary to law c. Article 206 – Unjust Interlocutory
or is not supported by evidence. [Louis Vuitton Order
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
(1992)] Elements [J-KuMi]:
1. Offender is a Judge; and
Unjust v. Manifestly Unjust Judgement 2. He performs any of the following acts:
[REYES, Book 2] a. Knowingly rendering an unjust
Unjust Judgement Manifestly Unjust interlocutory order or decree; or
Judgement b. Rendering a Manifestly unjust
interlocutory order or decree through
One which is One which is so inexcusable negligence or ignorance.
contrary to law or is manifestly contrary
not supported by the to law that even a Interlocutory Orders
evidence, or both. person having basic If the order leaves something to be done in the
knowledge of the trial court with respect to the merits of the case,
law cannot doubt the it is interlocutory. If it does not, it is final.
injustice. Abuse of [Miranda v. CA, G.R. No. L-33007 (1976)]
discretion or mere
error of judgment is d. Article 207 – Malicious Delay in the
not punishable. Administration of Justice

Sources of Unjust Judgement [ERB] Elements [JP-DeM]:

1. Error, 1. Offender is a Judge;
2. Ill will or Revenge, or 2. There is a Proceeding in his court;
3. Bribery. [REYES, Book 2] 3. He Delays in the administration of justice;
and
Declaration that Decision/Order is Unjust 4. The delay is Malicious, that is, with
Before a criminal action against a judge for deliberate intent to inflict damage on either
violation of Articles 204 and 205 can be party in the case.
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v.
Pelayo, G.R. No. 137354 (2000)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

e. Article 208 – Prosecution of committed by the law violator must be proved

Offenses; Negligence and first. [US v. Mendoza, G.R. No. 7540 (1912)]
Tolerance
Liability of Offender
1. Liability is as a principal in dereliction of
Punishable Acts [RT]:
duty not merely an accessory to the crime
1. Maliciously Refraining from instituting
[REYES, Book 2]
prosecution against violators of the law; or
2. Liability under PD 1829 (Penalizing
2. Maliciously Tolerating the commission of
obstruction of apprehension and
offenses.
prosecution of criminal offenders) - any
person who solicits, accepts, or agrees to
Elements:
accepting any benefit in consideration of
Mode 1: Refraining Mode 2: Tolerating abstaining from, discounting, or impeding
from Instituting the Commission of the prosecution of a criminal offender is
Prosecution [PNM] Offenses [PTM] liable [Sec. 1(g), PD 1829].

1. Offender is a public officer or officer of

f. Article 209 – Betrayal of Trust by
the law who has a duty to cause the
Prosecution of, or to prosecute,
an Attorney or a Solicitor –
offenses; Revelation of Secrets

2. Dereliction of 2. Dereliction of Punishable Acts [DRO]:

duty: knowing the duty: knowing that a 1. Causing Damage to his client, either—
commission of the crime is about to be a. By any malicious breach of
crime, he does Not committed, he professional duty;
cause the Tolerates its b. By inexcusable negligence or
prosecution of the commission ignorance.
criminal 2. Revealing any of the secrets of his client
learned by him in his professional capacity;
3. Malice and deliberate intent to favor the 3. Undertaking the defense of the Opposing
violator of the law party in the same case, without the consent
of his first client,
Who are Public Officers a. After having undertaken the defense of
Officers of the prosecution department, whose said first client, or
duty is to institute criminal proceedings for b. After having received confidential
felonies upon being informed of their information from said client.
perpetration (e.g., city attorney, fiscal).
[REYES, Book 2]

Who are Officers of the Law

Those who, by reason of the position held by
them, are duty-bound to cause prosecution and
punishment of offenders (e.g., chief of police,
barrio captain) [id.]

Crime Must Be Proven

“Negligence” means neglect of duty by
maliciously failing to move the prosecution and
punishment of the delinquent. The crime

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Requirement of Damage [REYES, Book 2] Elements:

Mode 1: Mode 2: Mode 3: Mode 1: Mode 2: Mode 3:
Malicious Revealing Undertaking Agreeing to Execution Agreeing to
Breach or of Secrets Defense of commit/ of an Act refrain/refraini
Inexcusable Opposing committing that is ng from doing
Negligence Party a Crime unjust but his duty
[PACD] is not a [PARD]
Required; Not Not crime
without required; required; [PAUD]
damage, at revelation what is
most he will be in itself is punished is 1. Offender is a Public officer under Article
liable punishable the taking of 203
administratively [Id]. the case
2. Accepts 2. Accepts 2. Accepts an
liable (e.g., without the
an offer or a a Gift or offer or a
suspension or consent of
promise or present by promise or
disbarment his 1st client.
receives a himself or receives a gift
under the
gift or through or present by
CPR)
present by another himself or
himself or through
Privileged Communication only covers Past through another
Crimes another
A distinction must be made between
confidential communications relating to past 3.In 3. In 3. In
crimes already committed, and future crimes consideratio consideratio consideration
intended to be committed by the client. The n of which, n of which, of which, he
attorney-client privilege only covers past he agrees he agrees agrees to
crimes. [People v. Sandiganbayan, supra.] to perform to execute Refrain from
an act an act doing
SECTION 2. BRIBERY constituting which does something
a Crime not which it is his
g. Article 210 – Direct Bribery constitute a official duty to
crime, but do
Punishable Acts [CER]: the act
must be
1. Agreeing to perform/performing, in
Unjust
consideration of any offer, promise, gift, or
present – an act constituting a Crime in
4. The act which offender agrees to perform
connection with the performance of his
or which he executes be connected with the
official duty
performance of his official Duties
2. Accepting a gift in consideration of the
Execution of an act which does not As to Acceptance of Gift
constitute a crime, in connection with the
performance of his official duty
3. Agreeing to Refrain/refraining from doing
something in his official duty in
consideration of a gift or promise

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Not Required. Not required Direct Bribery vs. Sec 3(b) of RA 3019
required The gift (acceptance of Direct Bribery Sec 3(b) RA 3019
(acceptanc must have offer is [Art 210, RPC]
e of offer is a value or sufficient).
sufficient). must be As to Promise or Gift
capable of
pecuniary Acceptance of a Mere request or
estimation. promise or offer or demand of a gift,
It cannot receipt of a gift or present, share,
consist of a present is required percentage or
mere offer benefit is enough
or promise
As to Scope
of a gift.
[REYES, Wider and more Limited to contracts
Book 2] general scope: or transactions
a. Performance of involving monetary
No Stage of Frustrated Bribery an act constituting a consideration where
If one party does not concur, then there is no crime; the public officer has
agreement and not all the acts necessary to b. Execution of an the authority to
commit the crime were present. [Regalado] unjust act which intervene under the
does not constitute a law.
Temporary Performance of Public crime; and
Functions c. Agreeing to
Temporary performance of public functions is refrain or refraining
sufficient to constitute a person a public officer from doing an act
for purposes of bribery. [Maniego v. People, which is his official
G.R. No. L-2971 (1951)] duty to do.
[Merencillo v. People, G.R. No. 142369-70,
Bribery exists when the gift is: (2007)]
1. Voluntarily offered by a private person;
2. Solicited by the public officer and h. Article 211 – Indirect Bribery
voluntarily delivered by the private person;
or
Elements [PuGO]:
3. Solicited by the public officer but the private
1. Offender is a Public officer;
person delivers it out of fear of the
2. He accepts Gifts;
consequences should the public officer
3. Gifts are offered to him by reason of his
perform his functions (here the crime by the
Office.
giver does not fall under corruption of
public officials due to the involuntariness of
Direct Bribery vs. Indirect Bribery
the act). [People v. Sope, G.R. No. L-16
(1946)] Direct Bribery Indirect Bribery
[Art 210] [Art 211]

As to Requirement Acceptance of Gift

Mere acceptance of The gift must be

the promise or offer accepted by the
of such gift public officer. The
consummates the acceptance of a

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

bribery and dereliction of duty. [REYES, Book

crime (1st and 3rd mere promise or
2]
modes). offer of such gift
Acceptance of the does not make a
public officer liable Guilt of Offender is a Prejudicial Question
gift is only
under Art 211. The guilt of the offender is a prejudicial
necessary for the
question to the liability of the officer for qualified
2nd mode.
bribery. [US v. Mendoza, G.R. No. 7540
Reason for the Gifts/Promise/Offer (1912)]

In consideration of By reason of his Qualifying Circumstance

the agreement of office and not for the If it is the public officer who demands or asks
the officer to performance of a for such gift, the penalty is death. [Art. 211-A,
perform or refrain specific act. RPC]
from doing an act or
the commission of a j. Article 212 – Corruption of Public
crime. Officials

No Frustrated or Attempted Stages Elements [OB]:

Always in the consummated stage. [REYES, 1. Offender makes Offers or promises or
Book 2] gives gifts or presents to a public officer;
and
Mere Physical Receipt is Insufficient 2. Offers or promises are made or the gifts or
There must be clear intention on the part of the presents given to a public officer, under
public officer to take the gift offered and circumstances that will make the public
consider the property as his own for that officer liable for direct Bribery or indirect
moment. Mere physical receipt bribery.
unaccompanied by any other sign,
circumstance or act to show such acceptance Offeror is Punished
is not sufficient. [Formilleza v. Sandiganbayan, The offender is the giver of the gift or the offeror
G.R. No. 75160 (1988)] of the promise. This applies even if the gift was
demanded by the public officer. [REYES, Book
i. Article 211-A – Qualified Bribery 2]

Elements [LAC]: Distinguished from Bribery – Provisions

1. Offender is a public officer entrusted with
Law enforcement;
2. He refrains from Arresting or prosecuting
an offender who has committed a crime
punishable by reclusion perpetua and/or
death;
3. Offender refrains from arresting or
prosecuting in Consideration of any offer,
promise, gift, or present.
penalizing Bribery punishes the public officer
and not the offeror
No Frustrated Stage
There is no frustrated corruption or bribery
because both crimes require the concurrence
of the will of the corruptor and public officer.
[BOADO]

Effect if Penalty Imposable is Lower than

Reclusion Perpetua or Death
If the penalty imposed is lower than reclusion
perpetua and/or death, the crime is direct

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U.P. BOC CRIMINAL LAW II
3. Chapter III: Frauds and Illegal
Exactions and Transactions
a. Article 213 – Fraud Against the
Public Treasury and Similar
Offenses
Punishable Acts: [EnD-ReC]
1. Entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds;
2. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in collection
of taxes, licenses, fees, and other imposts;
3. Failing voluntarily to issue a Receipt, as
provided by law, for any sum of money
collected by him officially, in the collection
of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts.
Elements of Fraud against Public Treasury
(par.1) [POED]:
1. Offender is a Public officer
2. He took advantage of his public office; he
intervened in the transaction in his Official
capacity
3. He Entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to:
a. Furnishing supplies
b. The making of contracts or
c. Adjustment or settlement of accounts
relating to public property or funds
4. Accused had intent to Defraud the
Government.
Page 183 of 277
CRIMINAL LAW
Not necessary for Government to Actually
be Defrauded
It is consummated by merely entering into
agreement or by merely making use of other
schemes to defraud the government. [REYES,
Book 2]
Elements of Illegal Exactions (par.2-4) [C-
DRC]:
1. Offender is a public officer entrusted with
the Collection of taxes, licenses, fees and
other imposts;
2. He is guilty of the following acts or
omissions:
a. Demanding directly or indirectly,
payment of sums different from or
larger than those by law;
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 object of a nature
different from that provided by law
Persons Liable
General Rule: Only specific public officers are
liable and this can only be committed
principally by a public officer whose official duty
is to collect taxes, license fees, import duties
and other dues payable to the government.
[Art. 213, RPC]
Exception: BIR and Customs employees are
not covered by the article. The NIRC or the
Revised Administrative Code is the applicable
law. [BOADO]
Receipt must be an Official Receipt
The act of receiving payment due the
government without issuing a receipt will give
rise to illegal exaction even though a
provisional receipt has been issued. What the
law requires is a receipt in the form prescribed
by law, which means official receipt.
When Estafa instead of Illegal Exaction
When there is deceit in demanding a greater
fee than those prescribed by law, the crime
U.P. BOC CRIMINAL LAW II
committed is estafa and not illegal exaction.
[US v. Lopez, G.R. No. L-3968 (1908)]
b. Article 214 – Other Frauds
Elements [PACo]:
1. Offender is a Public officer;
2. He takes Advantage of his official position;
and
3. He Commits any of the frauds or deceits
enumerated in Article 315 to 318 (estafa,
other forms of swindling, swindling a minor,
other deceits).
Penalty of Special Disqualification
Additional penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification, apart from
the penalties imposed in Arts 315-318. [Art.
214, RPC]
c. Art. 215 – Prohibited Transactions
Elements [AIIJ]:
1. Offender is an Appointive public officer;
2. He becomes Interested, directly or
indirectly, in any transaction of exchange or
speculation;
3. He becomes interested during his
Incumbency; and
4. Transaction takes place within the territory
subject to his Jurisdiction;
Examples of Transactions of Exchange or
Speculation
Buying and selling stocks, commodities, land,
etc. wherein one hopes to take advantage of an
expected rise or fall in price. Although
purchasing of stocks or shares in a company is
a simple investment and not a violation of the
article, regularly buying securities for resale is
speculation. [REYES, Book 2]
d. Article 216 – Possession of
Prohibited Interest by a Public
Officer
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CRIMINAL LAW
Persons liable [PEG]:
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; and
3. Guardians and executors with respect to
the property belonging to their wards or the
estate.
Fraud is Not Necessary
The act is punished because of the possibility
that fraud may be committed or that the
offender will place his own interest above the
Government or the party he represents [US v.
Udarbe, G.R. No. 9945 (1914)]
Intervention by Virtue of Public Office
Intervention must be by virtue of the public
office held. The contracts the official intervenes
in must have a connection with his office.
[REYES, Book 2]
4. Chapter IV: Malversation of
Public Funds or Property
a. Article 217 – Malversation of Public
Funds or Property - Presumption
of Malversation
Modes [AT-PeM]:
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or
negligence, Permitting any other person to
take such public funds or property; and
4. Being otherwise guilty of the
Misappropriation or malversation of such
funds or property.
Elements Common to All Modes [PCPA]:
1. Offender is a Public officer;
U.P. BOC CRIMINAL LAW II
2. He had the Custody or control of funds or
property by reason of the duties of his
office;
3. He was accountable for Public funds or
property;
4. He Appropriated, took, misappropriated or
consented or, through abandonment or
negligence, permitted another person to
take them.
NOTE: Malversation is also called
embezzlement. [REYES, Book 2]
Appropriation
Appropriation involves every attempt to
dispose of public funds or property without a
right to do so. [Tabuena v. Sandiganbayan,
G.R. Nos. 103501-03 (1997)]
Can be Committed with Malice or Through
Negligence or Imprudence.
● Negligence - omission of reasonable care
and caution which an ordinary prudent
person would have used in the same
situation. The measure of negligence is the
standard of care commensurate with the
occasion. [Leano v. Domingo, G.R. No.
84378 (1998)]
● Good Faith as a Defense - For
malversation not committed through
negligence, good faith is a defense as it
negates criminal intent. [Quizo v.
Sandiganbayan, G.R. No. 77120 (1987)]
Persons Liable
General Rule: Offender is a Public Officer
Accountable Office - The nature of the duties of
the public officer, not the name of the office, is
controlling. Thus, a clerk who receives money
or property belonging to the government, in the
course of his employment, for which he is
bound to account, may be liable under Article
217. [Rueda v. Sandiganbayan, G.R. No.
129064 (2000)]
Exception: Private persons may also
commit malversation. Such as when a private
person: [CoA-CuD]
1. Acts in Conspiracy with a public officer in
committing malversation;
Page 185 of 277
CRIMINAL LAW
2. Has become an Accomplice or accessory
to a public officer who commits
malversation;
3. Is made the Custodian in whatever
capacity of public funds or property,
whether belonging to national or local
government, and he misappropriates the
same [Article 222, RPC]; or
4. Is constituted as the Depositary or
administrator of funds or property seized or
attached by public authority even though
said funds or property belong to a private
individual [Article 222, RPC].
Sheriffs and receivers are included.
They fall under the term “administrator.”
[REYES, Book 2]
Judicial Administrator Not Covered
A judicial administrator in charge of settling the
estate of the deceased is not covered by the
article. Conversion of effects in his trust makes
him liable for estafa. [REYES, Book 2]
Private Property Covered
Private property is included, provided it is:
1. Attached;
2. Seized; or
3. Deposited by public authority. [REYES,
Book 2]
Presumption of Misappropriation
When a demand is made upon an accountable
officer and he cannot produce the fund or
property involved, there is a prima facie
presumption that he had converted the same to
his own use. [People v. Wa-Acon, G.R. No.
164575 (2006)]
Not Elements of Malversation
Demand as well as damage to the government
are not necessary elements. Demand merely
raises a prima facie presumption that missing
funds have been put to personal use. Damage
to the government is immaterial because the
penalty is based on the amount involved.
[Morong Water District v. Office of the Deputy
Ombudsman, G.R. No. 116754 (2000)]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Direct Evidence Not Required for Need for Damage

Conviction
An accountable public officer may be convicted Not required Required
even in the absence of direct evidence, where
he has not been able to satisfactorily explain Necessity of Prior Demand
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)] Not necessary Required
[REYES, Book 2]
Restitution
Returning the malversed funds is not Malversation, Estafa, and Qualified Theft of
exempting, it is only mitigating. [Perez v Public Funds/Property [BOADO]
People, 544 SCRA 532]
Malversation Estafa Qualified
When Crime is Estafa instead of [Art. 217] [Art. 315] Theft [Art.
Malversation 310]
The funds or property must be received in an
As to Offender
official capacity, in which case, the crime is
Malversation. Otherwise, the crime committed Accountable Offender who Offender who
is estafa. [US v. Solis, G.R. No. L-2828 (1906)] Public Officer is not has mere
accountable physical
Malversation v. Estafa and has possession
Malversation [Art Estafa [Art. 315] acquired and took the
217] juridical property with
possession abuse of
Nature of Funds thereof and confidence
took it with
Public Private abuse of
confidence or
As to the Offender
deceit
Offender is usually a Offender is a private
public officer who is individual or even a b. Article 218 – Failure of
accountable for the public officer who is
Accountable Officer to Render
public funds/property not accountable for
public funds/property Accounts

Means of Commission Elements [PART]:

1. Offender is Public officer, whether in the
Crime is committed Crime is committed service or separated therefrom by
by appropriating, by misappropriating, resignation or any other cause;
taking, or converting, or 2. He is an Accountable officer for public
misappropriating/co denying having funds or property;
nsenting or through received money, 3. He is Required by law or regulation to
abandonment or goods or other render account to the Commission on
negligence, personal property Audit, or to a provincial auditor;
permitting any other 4. He fails to do so for a period of Two months
person to take the after such accounts should be rendered.
public
funds/property

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Demand and Misappropriation Not Malversation v. Technical Malversation

Necessary [Boado]
It is also not essential that there be
Malversation Technical
misappropriation because if present, the crime
(Art 217) Malversation (Art
would be malversation. [REYES, Book 2]
220)

c. Article 219 – Failure of a Nature of Funds

Responsible Public Officer to
Render Accounts Before Leaving Public Funds
the Country As to the Offender

Elements [PAU]: Accountable Public Officers

1. Offender is a Public officer;
2. He is an Accountable officer for public Appropriation of Funds
funds or property;
3. He Unlawfully leaves or attempts to leave No such requirement Must be appropriated
the Philippine Islands without securing a by Law or Ordinance
certificate from the Commission on Audit
What is Done with the Funds
showing that his accounts have been finally
settled. Applied to personal Applied to public use
Leaving must be Unlawful use and benefit of the other than what it
The act of leaving the country must be offender or another was appropriated for
unauthorized or not permitted by law. [REYES, person
Book 2]
Good faith as a Defense
d. Article 220 – Illegal Use of Public
Funds or Property For malversation not Good faith is not a
committed through defense. Technical
Elements [P-PAO]: negligence, good malversation is
1. Offender is a Public officer; faith is a defense as it malum prohibitum.
2. There are Public funds or property under negates criminal [Ysidoro v. People,
his administration; intent. [Quizo v. 685 SCRA 637].
3. Such fund or property were Appropriated Sandiganbayan,
by law or ordinance; G.R. No. 77120
4. He applies such public fund or property to (1987)]
any public use Other than for which it was
appropriated for. e. Article 221 - Failure to Make
Delivery of Public Funds or
Technical Malversation
Property
Illegal use of public funds or property is also
known as technical malversation. The term
Punishable Acts [FaR]:
technical malversation is used because in this
1. Failing to make payment by a public officer
crime, the fund or property involved is already
who is under the obligation to make such
appropriated or earmarked for a certain public
payment from Government funds in his
purpose. Despite the public purpose, the act is
possession
punished because it remains a violation of the
2. Refusing to make delivery by a public
appropriations law [REYES, Book 2].
officer who has been ordered by competent

Page 187 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

authority to deliver any property in his 5. Chapter V: Infidelity of Public

custody or under his administration
Officers
Elements:
SECTION 1. INFIDELITY IN THE CUSTODY
Mode 1: Failing to Mode 2: Refusing OF PRISONERS
Make Payment to make delivery
[PPM] [PDM] a. Article 223 – Conniving With or
1. Public officer has government funds in his Consenting to Evasion
possession

2. Obligation to 2. Obligation to Elements [P-CEC]:

make Payment from Deliver any property
such funds in his custody or
under his
administration
3. Maliciously fails to perform the obligation
1. Offender is a Public officer;
2. He had in his Custody or charge a prisoner,
either detention prisoner or prisoner by
final judgment;
3. Such prisoner Escaped from his custody;
4. He was in Connivance with the prisoner in
the latter’s escape. (“shall consent to the
escape”)

Basis of Penalty Classes of Prisoners Involved [FD]

● Failure to make payment: fine shall be 5 to
25% of the amount he fails to pay
● Refusal to make delivery. [Art. 221(1)(2),
RPC]
f. Article 222 – Officers Included in
the Preceding Provisions
NOTE: This article provides that private
individuals may also be held liable for the
crimes under Art 217 to 221.
Officers Include:
1. Private individuals who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property
2. Administrator or depositary of funds or
property that has been attached, seized or
deposited by public authority, even if
owned by a private individual.
SEE: Art. 217 for extensive discussion
1. Those sentenced by Final judgment; and
2. Detention prisoners who are temporarily
held in legal custody
What is Not Considered as Infidelity in
Custody
Leniency, laxity, and release of a detention
prisoner who could not be delivered to judicial
authorities within the time fixed by law is not
infidelity in the custody of a prisoner. [People v.
Lancanan, G.R. No. L-6805 (1954)]
Actual Evasion Even Without Actual
Escape
There is real actual evasion of service of a
sentence when the custodian permits the
prisoner to obtain a relaxation in his
imprisonment and to escape the punishment of
being deprived of his liberty, thus making the
penalty ineffectual, although the convict may
not have fled. This includes allowing prisoners
to sleep and eat in the officer’s house or utilize
the prisoner’s services for domestic chores.
[US v. Bandino, G.R. No. 9964 (1915)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Consenting to Evasion v. Delivering Liability of Escaping Prisoner:

Prisoners From Jail ● If he is a prisoner by final judgment -
liable for evasion of service (Art. 157)
Consenting to Delivering
● If he is a detention prisoner - he does not
Evasion Prisoners from Jail
incur criminal liability [REYES, Book 2]
[Art. 223] [Art. 156]

As to Who may Commit c. Article 225 – Escape of Prisoner

under the Custody of a Person Not
By a public officer By an outsider or by a Public Officer
having the legal a public officer who
charge or custody of does NOT have the Elements [PCE-CN]:
a prisoner. official charge or 1. Offender is a Private person;
custody of the 2. Conveyance or custody of a prisoner or
prisoner. person under arrest is confided to him;
3. Prisoner or person under arrest Escapes;
As to the Manner of Commission
4. Offender Consents to the escape, or that
By conniving or By removing from the escape takes place through his
consenting to the jail a prisoner Negligence.
escape of a confined therein or
prisoner. helping in the Not Applicable if Private Person made the
escape of such Arrest
prisoner. Art. 225 is not applicable if a private person
was the one who made the arrest and he
[AMURAO] consented to the escape of the person he
arrested. [REYES, Book 2]
b. Article 224 – Evasion through
Negligence Consenting to Evasion vs. Delivering
Prisoners from Jail
Elements [P-CoN]:
Consenting to Delivering
1. Offender is a Public officer;
Evasion Prisoners from Jail
2. He is charged with the Conveyance or
[Art. 225] [Art. 156]
custody of a detention prisoner or prisoner
by final judgment; As to who may Commit
3. Such prisoner escapes through Negligence
By a Private Person By an outsider or by
Deliberate Non-performance of Duty who acts as a a public officer who
This covers only positive carelessness and custodian of the does NOT have the
definite laxity which amounts to deliberate non- Prisoner. official charge or
performance of duties. [Rodillas v. custody of the
Sandiganbayan, G.R. No. L-58652 (1988)] prisoner.

Recapture does not lead to exculpation

The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation. [REYES,
Book 2]

Page 189 of 277

U.P. BOC CRIMINAL LAW II
SECTION 2. INFIDELITY IN THE CUSTODY
OF DOCUMENTS
d. Article 226 – Removal,
Concealment, or Destruction of
Documents
Elements [P-ReDeCo-ED]:
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
document or papers;
3. Said document or papers should have
been Entrusted to such public officer by
reason of his office;
4. Damage, whether serious or not, to a third
party or to the public interest has been
caused.
Offender Must be Officially Entrusted with
the Documents
Can only be committed by the public officer
who is made the custodian of the document in
his official capacity. If the offender is a private
individual, estafa is committed. [REYES, Book
2]
Removal Must be for Illicit Purpose
If the act of removal is done with lawful motives
such as to save the documents from imminent
danger of loss or destruction, there would be
no crime committed. However, illicit motive is
not required if the mode is concealment or
destruction. [REYES, Book 2]
Damage Caused
Damage in this article may consist in mere
alarm to the public or in the alienation of its
confidence in any branch of the government
service. [Kataniag v. People, G.R. No.48398
(1984)]
Documents
1. Documents must be complete and one
by which a right could be established or an
obligation could be extinguished. If the
writings are mere forms, there is no crime.
[People v. Camacho, G.R. No.18688
(1923)]
Page 190 of 277
CRIMINAL LAW
2. A book is not a document. A document is
a written instrument by which something is
proven or made of record [People v. Agnis,
G.R. No. L-19676 (1923)]
3. “Papers” - includes checks, promissory
notes, and paper money. [REYES, Book 2]
Consummated upon Removal
Removal is consummated upon taking or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been
accomplished. [Kataniag v. People, G.R.
No.48398 (1984)]
Delivery of Documents to Wrong Person
Delivering documents to the wrong party is
infidelity in the custody thereof. This could
cover failure on the part of the post office to
forward the letters to their destination. [REYES,
Book 2]
e. Article 227 – Officer Breaking Seal
Elements [P-CSB]:
1. Offender is a Public officer;
2. He is charged with the Custody of papers
or property;
3. These papers or property are Sealed by
proper authority;
4. He Breaks the seal or permits them to be
broken.
Damage/Intent to Cause Damage Not
Necessary
Where documents are sealed by competent
authorities, it is evident that the purpose
thereof is to ensure their preservation. It is
sufficient that the seal is broken, even if the
contents are not tampered with. [REYES, Book
2]
f. Article 228 – Opening of Closed
Documents
Elements [PoCON]:
1. Offender is a Public officer;
2. Any Closed papers, documents, or objects
are entrusted to his custody;
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. He Opens or permits to be opened said

closed papers, documents or objects; Revelation of Secrets v. Infidelity in the
4. He does Not have proper authority. Custody of Documents [REYES, Book 2]
Revelation of Infidelity in
Act should not be under Art 227
Secrets by an Custody of
If the public officer had to break a seal to open
Officer (Art 229) Documents/Papers
the closed document, he is liable under Art 227.
by Removing the
[REYES, Book 2]
Same (Art 226)
g. Article 229 – Revelation of Secrets Content of the Papers
by an Officer
Papers contain Papers do not
Punishable Acts [ReD]: secrets /papers contain secrets.
1. Revealing any secrets known to the which should not be
offending public officer by reason of his published.
official capacity
2. Wrongfully Delivering papers or copies of Damage Involved
papers of which he has charge and which
should not be published Damage is to public Damage is to public
interest interest or third
Elements: persons

Mode 1: Revelation Mode 2: Wrongful

of Secrets delivery of papers h. Article 230 – Public Officers
[P-SRD] [P-PWD] Revealing Secrets of Private
Individuals
1.Offender is a Public officer
Elements [PSR]:
2. He knows of a 2. He has charge of
1. Offender is a Public officer;
Secret by reason of Papers which should
2. He knows of the Secrets of a private
his official capacity not be published
individual by reason of his office;
3. He Reveals such secrets without authority
Secrets must affect Custody Required
or justifiable reason.
public interest. If “Charge” - means
the secret revealed custody or control. If
When the Offender is a Lawyer
does not involve he is merely
When the offender is a public attorney or a
public interest, no entrusted with the
solicitor, the act of revealing the secret should
crime is committed. papers and not with
not be covered by Art 209 (Betrayal of Trust).
Secrets of private the custody thereof,
[REYES, Book 2]
individuals are not he is not liable under
included. [REYES, this article.
Damage Not Necessary
Book 2]
Damage to private individual is not necessary.
3. He Reveals such 3. He Wrongfully The reason for this provision is to uphold faith
secret without delivers those and trust in public service. [REYES, Book 2]
authority or papers or copies
justifiable reasons thereof to a third
person

4. There is Damage to public interest

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Revelation of Secrets by an Officer v. Public Elements [PES-DiDi]:

Officer Revealing Secrets of Private 1. Offender is a Public officer;
Individual 2. An order is issued by his superior for
Execution;
Revelation of Public Officer
3. He Suspended the execution of such order;
Secrets by an Revealing Secrets
4. His superior Disapproves the suspension
Officer [Art 229] of a Private
Individual of the execution of the order; and
5. Offender Disobeys his superior despite the
[Art. 230]
disapproval of the suspension.
Nature of the Secret
Illegal Orders
Secret involves public Secret involves a This does not apply if the order of the superior
interest private individual is illegal. [Art 11(6), RPC]

Necessity for Damage c. Article 233 – Refusal of Assistance

Damage to public Damage is not
Elements [P-CoM]:
interest is essential essential
1. Offender is a Public officer;
2. A competent authority demands from the
6. Chapter VI: Other Offenses or offender that he lend his Cooperation
towards the administration of justice or
Irregularities by Public other public service;
Officers 3. Offender Maliciously fails to do so.

SECTION 1. DISOBEDIENCE, REFUSAL OF Official Duty of Public Officer

ASSISTANCE, AND MALTREATMENT OF To be liable, the public officer must have the
PRISONERS obligation, by reason of his office, to render
assistance in the administration of justice or
a. Article 231 – Open Disobedience other public service. [AMURAO]

Elements [Je-JWR]: Damage is Essential

1. Officer is a Judicial or executive officer;
2. There is a Judgment, decision or order of a
superior authority;
3. Such judgment, decision or order was
made Within the scope of the jurisdiction of
the superior authority and issued with all
the legal formalities;
4. He openly Refuses to execute the said
judgment, decision or order, which he is
duty bound to obey without any legal
justification.
b. Article 232 – Disobedience to the
Order of Superior Officer When
Said Order Was Suspended by
Inferior Officer
Damage to public interest or to a third party is
essential. Serious damage leads to a higher
penalty. [REYES, Book 2]
d. Article 234 – Refusal to Discharge
Elective Office
Elements [ERL]:
1. Offender is elected by popular Election to a
public office;
2. He Refuses to be sworn in or to discharge
the duties of said office;
3. There is no Legal motive for such refusal to
be sworn in or to discharge the duties of
said office.

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Only for Elective Officials Torture

Once an individual is elected to an office by the
will of the people, discharge of duties becomes
a matter of duty, not only a right. This only
applies for elective, not appointive officers.
[REYES, Book 2]
If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
[Section 15, RA 9745]

e. Article 235 – Maltreatment of SECTION 2. ANTICIPATION,

Prisoners PROLONGATION, AND ABANDONMENT
OF THE DUTIES AND POWERS OF PUBLIC
Elements [PCM]: OFFICE
1. Offender is a Public officer or employee;
2. He has under his Charge a prisoner or f. Article 236 – Anticipation of Duties
detention prisoner; of a Public Officer
3. He Maltreats such prisoner by overdoing
himself in the correction or handling of a Elements [ESAN]:
prisoner or detention prisoner under his 1. Offender is Entitled to hold a public office
charge by: or employment, either by election or
a. Imposition of punishment not appointment;
authorized by the regulations; 2. The law requires that he should first be
b. Inflicting such punishments Sworn in and/or should first give a bond;
(those authorized) in a cruel 3. He Assumes the performance of the duties
and humiliating manner. and powers of such office; and
c. Maltreating such prisoners to 4. He has Not taken his oath of office and/or
extort a confession or to obtain given the bond required by law.
some information from the
prisoner. Comparison Between Art 234 and Art 236
Refusal to Anticipation of
Offender Must Have Direct Custody
Discharge Elective Duties of a Public
This is committed only by such public officer Office Officer
charged with direct custody of the prisoner. [Art. 234] [Art. 236]
[Punzalan v. People, G.R. No.L-8820 (1956)]
As to Nature of Position
If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime Officer is elected Officer is elected or
is physical injuries. [REYES, Book 2] appointed

Cannot be Complexed with other Crimes As to Act Punished

Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or The officer, without The offender
legal motive, refuses assumes the
other crimes as the article says “in addition to
to be sworn in or performance of the
his liability for the physical injuries or damage
discharge the duties duties of the office
caused…” [AMURAO]
of his office. without having been
sworn in or giving
Qualifying Circumstance
the bond required by
If the maltreatment was done in order to extort
law.
confession, the penalty is qualified to the next
higher degree. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 237 – Prolonging Abandonment of Office v. Dereliction of

Performance of Duties and Powers Duty
Abandonment of Dereliction of Duty
Elements [PPC]: Office or Position (Art. 208)
1. Offender is holding a Public office; (Art. 238)
2. Period provided by law, regulations or As to Offender
special provision for holding such office,
has already expired; and Committed by any Committed only by
3. He Continues to exercise the duties and public officer public officers who
powers of such office. have the duty to
institute prosecution
Officers Covered for the punishment of
The offenders here are those who can be violations of the law
suspended, separated, declared over-aged, or As to Abandonment
dismissed. [REYES, Book 2]
There is actual Public officer does
abandonment not abandon his
h. Article 238 – Abandonment of
through resignation to office but merely fails
Office or Position evade the discharge to prosecute a
of duties violation of the law.
Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position; SECTION 3. USURPATION OF POWERS
3. His resignation has Not yet been accepted; AND UNLAWFUL APPOINTMENTS
and
4. He Abandons his office to the detriment of i. Article 239 – Usurpation of
public service. Legislative Powers

NOTE: Resignation must be written [REYES, Elements [EJ-MAS]:

Book 2]
Requisites for Resignation [InAA]
1. Intention to relinquish part of the term
2. Act of relinquishment
3. Acceptance by the proper authority [LRTA
v. Salvana, G.R. No. 192074 (2014)]
1. Offender is an Executive or Judicial officer,
who encroaches upon the powers of the
Legislative branch by:
a. Making general rules or regulations
beyond the scope of his authority; or
b. Attempting to repeal a law; or
c. Suspending the execution thereof.

Qualifying Circumstance j. Article 240 – Usurpation of

The offense is qualified when the purpose of Executive Functions
the abandonment is to evade the discharge of
duties of preventing, prosecuting, or punishing Elements [JAO]:
any of the crimes falling within Title One 1. Offender is a Judge;
(Crimes against National Security and the Law 2. That he:
of the Nations) and Chapter One of Title Three a. Assumes a power pertaining to the
(Rebellion, Coup d’état, Sedition, and executive authorities, or
Disloyalty) of book two of the RPC. [Amurao] b. Obstructs the executive authorities in
the lawful exercise of their powers.

NOTE: If the offender is not a judge the crime

is punishable under Art 177 (Usurpation of

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U.P. BOC CRIMINAL LAW II
Authority or Official Function). [REYES, Book
2]
k. Article 241 – Usurpation of Judicial
Functions
Elements [Ex-AO]:
1. Offender is an officer of the Executive
branch;
2. That he:
a. Assumes judicial powers, or
b. Obstructs the execution of any order or
decision rendered by any judge within
his jurisdiction.
l. Article 242 – Disobeying Request
for Disqualification
Elements [PPQRC]:
1. Offender is a Public officer;
2. A proceeding is Pending before such public
officer;
3. There is a Question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. He has been lawfully required to Refrain
from continuing the proceeding;
5. He Continues the proceeding.
NOTE: The disobedient officer is liable even if
the jurisdictional question is resolved in his
favor. [REYES, Book 2]
m. Article 243 – Orders or Request by
Executive Officer to Any Judicial
Authority
Elements [EJJ]:
1. Offender is an Executive officer;
2. He addresses any order or suggestion to
any Judicial authority;
3. The order or suggestion relates to any case
or business coming within the exclusive
Jurisdiction of the courts of justice.
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CRIMINAL LAW
n. Article 244 – Unlawful
Appointments
Elements [P-NoLaK]:
1. Offender is a Public officer;
2. He Nominates or appoints a person to a
public office;
3. Such person Lacks the legal qualifications
therefore;
4. Offender Knows that his nominee or
appointee lacks the qualification at the time
he made the nomination or appointment.
NOTES:
1. Mere recommendation is not a crime,
even if such person knew that the person
recommended is not qualified. [REYES,
Book 2]
2. Qualifications must be provided for by
law [id.]
o. Article 245 – Abuses Against
Chastity
Punishable Acts [DCuW]:
1. Soliciting/making immoral or indecent
advances to a woman interested in 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. Soliciting or making immoral or indecent
advances to a woman under the offender’s
Custody;
3. 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.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements:
H. CRIMES AGAINST
Mode 1: Mode 2: Mode 3:
Soliciting to Soliciting to Soliciting to PERSONS
a woman a woman wife/daughte
interested in under r/sister/ 1. Chapter I: Destruction of Life
pending offender’s relative of
matters custody person in SECTION 1. PARRICIDE, MURDER,
[PSP] [PSC] custody HOMICIDE
[PSR]
a. Article 246 – Parricide
1. Offender is a Public officer

2. He Solicits or makes immoral or indecent Elements: [KAA-FaMCADS]

advances to a woman 1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
3. Woman is 3. Woman is 3. Woman is a. Legitimate/illegitimate Father
interested in under the the wife, b. Legitimate/illegitimate Mother
matters Custody of daughter, c. Legitimate/illegitimate Child (should not
Pending the offender sister or be less than 3 days old, otherwise crime
before the who is a Relative is infanticide)
offender for warden or within the d. Other legitimate Ascendant
decision, or other public same degree e. Other legitimate Descendant
with respect officer by affinity of f. Legitimate Spouse
to which he directly the person in
is required to charged with the custody Relationship
submit a the care and of the Relationship of offender with the victim is an
report to or custody of offender.
essential element of this crime; except for
consult with prisoners.
spouses, only relatives by blood and in direct
a superior.
line are covered. An adopted child is not
covered by parricide.
Solicitation
Solicit is to propose earnestly and persistently Rules on Relationship of Relatives
something unchaste and immoral to a woman. 1. Father, mother or child may be legitimate
The advances must be immoral or indecent. or illegitimate
Proof of solicitation is not necessary when 2. Other ascendants or descendants must be
there is sexual intercourse. [REYES, Book 2] legitimate
3. Child should not be less than 3 days old,
Consummated by Proposal otherwise, crime is infanticide
The crime is consummated by mere proposal. 4. Spouse must be legitimate; Muslim
It is not necessary that the woman should have husbands with several wives can be
yielded to the solicitation of the offender. convicted of parricide only in case the first
[REYES, Book 2] wife is killed. [People v. Subano, G.R. No.
L-20338 (1967)]
Mother of Person in Custody Not Included
The mother of the person in the custody of the NOTE: Relationship must be alleged in the
public officer is not included. [REYES, Book 2] Information to be convicted of Parricide.
[People v. Jumawan, G.R. No. 187495 (2014)]

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U.P. BOC CRIMINAL LAW II
Parricide shall not be punished by
reclusion perpetua to death in the following
cases:
1. Reckless or simple imprudence [Art. 365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional circumstances
[Art. 247]
b. Article 247 – Death or Physical
Injuries Under Exceptional
Circumstances
Elements: [M-SD-KiP]
1. A legally Married person, or a parent,
surprises the following in the act of sexual
intercourse with another person:
a. His Spouse or;
b. His Daughter, the latter under 18 years
of age and living with him;
2. He or she Kills any or both of them, or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter;
3. He has not Promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
Not a Felony
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
[Id]
Sentence to Accused
General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]
Other Considerations:
1. Actual Sexual Intercourse – meaning
vaginal penetration by the penis and does
not include merely sleeping on the same
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CRIMINAL LAW
bed [People v. Gonzales, G.R. No. 46310;
People v. Bituaanan 56 Phil 23, cited in
REYES, Book 2]
2. Accused must be legally married - if the
victim is his or her spouse. [People v.
Araquel, G.R. No. L-12629]
3. Whether or not the daughter is legitimate
or illegitimate is immaterial - provided she
is living with the guilty parent [Regalado]
4. Privilege cannot be invoked without
surprise – if the accused did not surprise
the supposed offenders in the very act of
committing adultery, he cannot invoke the
privilege of Art. 247. [People v. Gonzales,
G.R. No. 46310 (1939)]
Immediately Thereafter
There is no set time as jurisprudence has held
1 hour or even 4 hours as “immediately
thereafter”. However, the act done must be a:
a. Direct result of the outrage of the
cuckolded spouse; and
b. Continuous act from the moment of the
surprising. [US v. Vargas, G.R. No. 1053,
May 7, 1903]
When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be done.
2. If the daughter is Married.
Although the article does not use the word
“unmarried,” this article applies only when
the daughter is single because while under
18 and single, she is still under parental
authority. If she is married, her husband
alone can claim the benefits of this article.
[REYES, Book 2]
c. Article 248 – Murder
Elements: [KAC-TCICPC-N]
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the following
qualifying Circumstances:
a. With Treachery, taking advantage of
superior strength, aid of armed men, or
employing means to weaken the
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

defense, or of means or persons to Killing by Fire

insure or afford impunity; ● If the primordial criminal intent of the
b. In Consideration of a price, reward or offender is to kill and fire was only used
promise; as a means to do so, the crime is only
c. By means of Inundation, fire, poison, murder.
explosion, shipwreck, stranding of a ● If the primordial criminal intent of the
vessel, derailment or assault upon a offender is to destroy property with the
railroad, fall of an airship, by means of use of pyrotechnics and incidentally,
motor vehicles, or with the use of any somebody within the premises is killed, the
other means involving great waste and crime is arson with homicide, a single
ruin; indivisible crime penalized under Art. 326,
d. On occasion of any of the Calamities which is death as a consequence of arson.
enumerated in the preceding paragraph, [Id.]
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, Outraging v. Scoffing [Id]
or any other public calamity; Outraging Scoffing
e. With evident Premeditation; Definition
f. With Cruelty, by deliberately and To commit an It means to leer and
inhumanly augmenting the suffering of extremely vicious or implies a showing of
the victim, or outraging or scoffing at his deeply insult in act. irreverence.
person or corpse. Example
4. Killing is Not parricide or infanticide. The act of an When the intestines
accused in having of the dead were
Rules for the Application of the anal intercourse with removed and hung
Circumstances which Qualify the Killing to the woman after around the neck of
Murder killing her. [People v. the victim’s brother
1. If there are more than one alleged in the Butler, 120 SCRA “as a necklace” and
information for murder, only one will qualify 281] the lungs and liver
the killing to murder and the other were described as
circumstances will be taken as generic “pulutan.” [People v.
aggravating circumstance. [REYES, Book Carmina, 193 SCRA
2] 429]
2. When the other circumstances are
absorbed or included in one qualifying d. Article 249 – Homicide
circumstance, they cannot be considered
as generic aggravating. [id] Elements: [KJ-IQ]
3. Any of the qualifying circumstances 1. Person was Killed;
enumerated in Art. 248 must be alleged in 2. Offender killed him without any Justifying
the information. [US v. Campo, 23 Phil 369] circumstances;
3. Offender had the Intention to kill
Element of Intent to Kill 4. Killing was not attended by any of the
General Rule: Offender must have intent to kill Qualifying circumstances of murder, or by
to be liable for murder. that of parricide or infanticide

Exception: In murder qualified by treachery, it No offense of Frustrated Homicide through

is required only that there is treachery in the Imprudence.
attack, hence, there is murder even if offender The element of intent to kill in frustrated
has no intent to kill the person assaulted. homicide is incompatible with negligence or
[REYES, Book 2]

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U.P. BOC CRIMINAL LAW II
imprudence. [People v. Castillo, C.A. No. 227
(1946)]
Refusal to be Operated; Not a Defense
Refusal of the deceased to be operated on
does not relieve the offender of the criminal
liability for his death. [People v. Sto. Domingo,
G.R. No. 3783, (1939)]
Intent to kill
General Rule: Conclusively presumed when
death results.
Exception: Evidence of intent is crucial to a
finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744-
46]
Physical Injuries
Accused is liable for physical injuries if there is
no intent to kill on the part of the offender in an
attempted or frustrated homicide. [REYES,
Book 2]
Accidental Homicide
It is the death of a person brought about by a
lawful act performed with proper care and skill
and without homicidal intent, there is no felony.
[Id]
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
Courts may impose a penalty: [Art 250]
1. 2 degrees lower for frustrated parricide,
murder, or homicide
2. 3 degrees lower for attempted parricide,
murder, or homicide.
The imposition of a penalty lower by one
degree than that imposed under Arts. 50 and
51 depends on the courts, in view of the facts
of the case. [Id]
Note that under the RPC, the following
penalties shall be imposed:
1. Frustrated Felony - the penalty next lower
in degree than that prescribed by law for
the consummated felony [Art. 50, RPC].
Page 199 of 277
CRIMINAL LAW
2. Attempted Felony - the penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
[Art. 51, RPC].
NOTE: Any attempt on, or conspiracy against,
the life of the Chief Executive of the Philippines
or that of any member of his family, or against
the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer
the penalty of death. [REYES, Book 2]
f. Article 251 - Death Caused in
Tumultuous Affray
Tumultuous Affray
It is a commotion in a confused manner to an
extent that it would not be possible to identify
who the killer is if death results, or who inflicted
the serious physical injury, but the person or
persons who used violence are known.
[REYES, Book 2]
NOTE: It exists when at least four persons took
part. [id].
Elements: [SGQKAI]
1. There are Several persons;
2. They do not compose Groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
3. These several persons Quarreled and
assaulted one another in a confused and
tumultuous manner;
4. Someone was Killed in the course of the
affray;
5. It cannot be Ascertained who actually killed
the deceased; and
6. The person or persons who inflicted serious
physical injuries or who used violence can
be Identified.
Persons Liable [IK]
1. Person or persons who Inflicted the serious
physical injuries
2. If it is not Known who inflicted the serious
physical injuries on the deceased, all
persons who used violence upon the person
of the victim are liable.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

h. Article 253 - Giving Assistance to

Presence of Conspiracy Suicide
If there is conspiracy, this crime is not
committed. The crime would be murder or Giving Assistance to Suicide
homicide. [REYES, Book 2] Giving assistance to suicide means giving
means (e.g., arms, poison, etc.) or whatever
g. Article 252 - Physical Injuries manner of positive and direct cooperation (e.g.,
Caused in Tumultuous Affray intellectual aid, suggestions regarding the
mode of committing suicide, etc.). [REYES,
Elements: [TIK] Book 2]
1. There is a Tumultuous affray;
2. A participant or some participants thereof Modes: [AL]
Suffered serious physical injuries or 1. Assisting another to commit suicide,
physical injuries of a less serious nature whether the suicide is consummated or not;
only; 2. Lending his assistance to another to commit
3. Person responsible cannot be Identified; suicide to the extent of doing the killing
and himself.
4. All those who appear to have used violence
upon the person of the offended party are NOTE: The person who commits suicide is not
Known. criminally liable; only the person assisting him
or her. [Id.]
Presence of Violence
All those who appear to have used violence Euthanasia – commonly known as mercy-
shall suffer the penalty next lower in degree killing; the practice of painlessly putting to
than that provided for the serious physical death a person suffering from some incurable
injuries inflicted. [Art. 265, RPC] disease.
• A doctor who resorts to euthanasia of his
Death Caused in Tumultuous Affray v. patient may be liable for murder. But if the
Physical Injuries Caused in Tumultuous patient himself asks to be killed by his
Affray doctor, this Article applies. [Id]
Physical Injuries
Death Caused in
Caused in i. Article 254 - Discharge of Firearms
Tumultuous
Tumultuous Affray
Affray [Art. 251] [Art. 252] Elements: [DN]
Participants 1. Offender Discharges a firearm against or at
The person killed The injured party in another person.
in the course of the the crime of physical 2. Offender has No intention to kill that
affray need not be injuries inflicted in a person.
one of the tumultuous affray
participants in the must be one or Crime as long as Initially Aimed at Offended
affray. some of the Party
participants. The crime is the discharge of firearm, even if
[REYES, Book 2] the gun was not pointed at the offended party
when it fired, as long as it was initially aimed by
the accused at or against the offended party
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21,
cited in REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

If Offended Party is Hit and Wounded To intimidate To cause To demand

If in the discharge of a firearm, the offended or frighten a disturbance money or
party is hit and wounded, there is a complex person or scandal impose any
crime of discharge of firearm with serious or other
less serious physical injuries. [People v. condition
Arquiza, G.R. No. 42128-42129]
SECTION 2. INFANTICIDE AND ABORTION
Animus Interficendi
Intent to kill or animus inteficendi cannot be j. Article 255 – Infanticide
automatically drawn from the mere fact that the
use of firearms is dangerous to life. Animus Elements: [C-3]
interficendi must be established with the same 1. Child was killed by the accused;
degree of certainty as is required of the other 2. Deceased child was less than 3 days old (72
elements of the crime. [Dado v. People G.R. hours).
No. 131421(2002)] Persons Liable:
1. Father or mother of the child, whether
Discharge of Firearms v. Homicide legitimate or illegitimate; or
Discharge of 2. Any other legitimate ascendant of the child
Homicide/Murder
Firearms [REYES, Book 2]
[Arts. 248/249]
[Art. 254]
As to Intent to Kill Must be Born Alive
There must be no There is intent to kill It is necessary that the child be born alive and
intent to kill (conclusively viable (capable of independent existence). [US
presumed if a person v. Vedra, G.R. No. 4779 (1908)]
died)
As to Rationale Mitigating Circumstance
The discharge was Intent was to kill Only the mother and maternal grandparents
intended merely to another are entitled to mitigating circumstances of
frighten or cause concealing the mother’s dishonor. [Art. 255,
alarm to the RPC]
offended party
[People v. Hinolan, NOTE: The delinquent mother who claims to
C.A., 47 O.G. 3596, be concealing dishonor must be of good
cited in Reyes, reputation and good morals [REYES, Book 2]
Book Two].
Other Persons who Cooperate
Alarms and Scandals vs. Discharge of Others who cooperate with the mother or
Firearms v. Grave Threats [BOADO] grandparent for killing a child less than 3 days
Discharge of Alarms and Grave old will suffer the penalty for murder. (US v.
Firearms Scandals Threats Aquino, G.R. No. 11653]
[Art. 254] [Art. 155] [Art. 282]
As to the Place Parricide vs. Infanticide [Reyes]
At any place Public place At any place Parricide Infanticide
(and aimed at [Art. 246] [Art. 255]
a specific As to Basis of Crime
person) Based on
Based on the age of
As to Purpose relationship of
the child (must be
offender and the
less than 3 days old)
victim

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

As to Victim If the mother as a consequence of abortion

May be committed Victim need not be a suffers death or physical injuries, there is a
against a relative relative complex crime of murder or physical injuries
As to Applicability of Mitigating and abortion. [Id]
Circumstance
of Concealment of Dishonor Impossible Crime
Mitigating If the woman turns out not to be pregnant and
Not mitigating someone performs an abortion upon her, he is
circumstance
liable for an impossible crime if the woman
k. Article 256 - Intentional Abortion suffers no physical injury. [Id]

Elements: [PVi-DI] Abortion v. Infanticide

1. There is a Pregnant woman; Abortion [Art.
Infanticide [Art. 255]
2. Violence is exerted, or drugs or beverages 256]
administered, or that the accused otherwise Fetus could not Fetus could sustain
acts upon such pregnant woman; sustain an independent life
3. As a result of the above acts, the fetus Dies, independent life. after separation from
either in the womb or after having been No legal viability. the mother’s womb.
expelled therefrom; and
4. Abortion is Intended. l. Article 257 - Unintentional
Abortion
Punishable Acts [VAAW]
1. Use of Violence upon the pregnant woman; Elements: [PVID]
2. Acting, but without using violence and 1. There is a Pregnant woman;
without the consent of the woman. (e.g., by 2. Violence is used upon such pregnant
administering drugs or beverages upon woman without intending an abortion;
such pregnant woman without her consent.) 3. The violence is Intentionally exerted;
3. Acting (by administering drugs or 4. Result of violence – fetus Dies, either in the
beverages), With the consent of the womb or expelled therefrom
pregnant woman.
Killed by Husband
Persons Liable: If the pregnant woman was killed by violence
1. Person who intentionally caused the by her husband, the crime committed is the
abortion under Art. 256; and complex crime of parricide with unintentional
2. Pregnant woman if she consented under abortion. [Id]
Art. 258 [REYES, Book 2]
Intentional Abortion vs. Unintentional
Abortion Abortion
The willful killing of the fetus in the uterus or the Intentional
Unintentional
violent expulsion of the fetus from the maternal Abortion
womb which results in the death of the fetus. Abortion [Art. 257]
[Art. 256]
[REYES, Book 2] As to Mode of Commission
Committed by:
Frustrated Abortion 1. Using any
Committed if the fetus that is expelled is viable violence upon the Committed only by
and, therefore, not dead. [Id] person of the violence, that is,
pregnant woman actual physical force.
Complex Crime of Murder/Physical Injuries 2. Acting without
and Abortion using violence

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and without the Mitigating Circumstances

consent of the Penalty of pregnant woman is mitigated if her
woman (e.g., purpose is to conceal her dishonor. [RPC, Art.
administering 258(2)] There is no mitigation for parents of the
drugs or pregnant woman even if the purpose is to
beverages upon conceal dishonor in abortion, unlike in
her) infanticide. [RPC, Art. 258(1)]
3. Acting with the
consent of the
pregnant woman Intentional Abortion vs. Abortion Practiced
(e.g., by the Woman Herself
administering Abortion Practiced
Intentional
drugs or by the Woman
beverages) Abortion
Herself
As to Intent [Art. 256] [Art. 258]
Violence inflicted As to Liability
upon the pregnant Third person who Only the woman
woman is caused the abortion herself or her parents
Abortion is intended intentionally exerted is liable can be liable
by the accused, but As to Consent
without intending an Woman must have
abortion. consented to the
As to Knowledge of Pregnancy Abortion could have abortion.
Accused has knowledge as to the been done with or
pregnancy of the woman. without the consent Parents are liable if
m. Article 258 - Abortion Practiced by of the pregnant they acted with the
the Woman Herself or by Parents woman. pregnant woman’s
consent to conceal
Elements: [PIC-HCP] her dishonor
1. There is a Pregnant woman who suffered
an abortion; n. Article 259 - Abortion by a
2. Abortion is Intended; Physician or Midwife and
3. Abortion is Caused by – Dispensing of Abortives
a. Pregnant woman Herself;
b. Any other person, with her Consent; or Persons Liable
c. Any of her Parents, with her consent for 1. Physician or midwife who, taking
the purpose of concealing her advantage of their scientific knowledge or
dishonour. skill, shall cause an abortion or assist in
causing an abortion.
Liability: 2. A pharmacist who, without proper
a. Pregnant Woman – under (a), (b), (c); prescription from a physician, shall
liable under this Article dispense any abortive. [RPC, Art. 259]
b. Third Person - under (b); liable under Art.
256 (Intentional Abortion) Elements (for Physicians or Midwifes):
c. Parents – if the parents acted with the [PIPA]
pregnant woman’s consent under (c) to 1. Pregnant suffered an abortion;
conceal her honor, they are also liable 2. Abortion is Intended;
under this article. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II
3. Offender is a Physician or midwife, who
caused or assisted in causing the abortion;
and
4. Said physician or midwife took Advantage
of his or her scientific knowledge or skill.
Elements (for Pharmacists): [PPD]
1. Offender is a Pharmacist;
2. No proper Prescription from a physician;
and
3. Offender Dispenses any abortive.
Imposable Penalty
The penalties provided for intentional abortion
shall be imposed in the maximum period.
[REYES, Book 2]
It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion.
What is punished is the dispensing of the
abortive without the proper prescription. It is
not necessary that the abortive be actually
used either. [REYES, Book 2]
SECTION 3. DUEL
o. Article 260 - Responsibility of
Participants in a Duel
Modes: [DIC]
1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
injuries; or
3. Making a Combat although no physical
injuries have been inflicted.
Persons Liable: [KS]
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.
Definition of Terms
1. Duel - Formal or regular combat previously
concerted between 2 parties in the
presence of two or more seconds of lawful
age on each side, who make the selection
of arms and fix all other conditions of the
fight. [REYES, Book 2]
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CRIMINAL LAW
2. Seconds - Persons who make the
selection of arms and fix the other
conditions of the fight. [Id]
Imposable Penalty if Death Results
If death results, the penalty is the same as that
for homicide. [Id]
Pre-Concerted Agreement to Fight
Self-defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the
attack was made by the accused against his
opponent before the appointed place and time,
there is an unlawful aggression, hence, self-
defense can be claimed. [Justo v. CA, G.R. No.
L-8611]
p. Article 261 - Challenging to a Duel
Modes: [CIS]
1. Challenging another to a duel;
2. Inciting another to give or accept a
challenge to a duel; or
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel.
Persons Responsible:
1. Challengers
2. Instigators [REYES, Book 2]
Challenging to Duel Different from
Challenging to Fight
The person making the challenge must have in
mind a formal combat to be concerted between
him and the one challenged in the presence of
two or more seconds. [REYES, Book 2]
2. Chapter II: Physical Injuries
a. Article 262 – Mutilation
Mutilation
Lopping or clipping off of some part of the body
[REYES, Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Punishable Acts: a. Becomes Deformed; or

Mode 1: Castration Mode 2: Mayhem b. Loses any other Member of his body; or
As to Body Part c. Loses the Use thereof; or
Castration is the Lopping or clipping d. Becomes Ill or incapacitated for the
mutilation of organs off any part of the performance of the work in which he was
necessary for body of the offended habitually engaged for more than 90
generation; deprives party, other than the days;
the offended, either essential organ for 4. Becomes ill or incapacitated for labor for
totally or partially, of reproduction, to more than 30 days (but must not be more
some essential deprive him of that than 90 days).
organ for part of his body.
reproduction. [REYES, Book 2] Intent to Kill
[REYES, Book 2] In physical injuries, there must be no intent to
As to Purpose kill, otherwise the crime is frustrated/attempted
Mutilation is caused Purposely and murder or homicide as the case may be. [Id]
deliberately
Physical Injuries v. Attempted or Frustrated
Intent Homicide
Offender must have the intention to deprive the Attempted or
Physical Injuries
offended party of a part of his body. If there is Frustrated
[Art. 263]
no such intention, the crime will be serious Homicide [Art. 249]
physical injuries. [REYES, Book 2] May be committed
even if no physical
No intent to kill
b. Article 263 - Serious Physical injuries are inflicted
offended party
Injuries and the offender has
intent to kill party
Modes of Commission: [WoBAA]
1. By Wounding; Characteristics of par. 1
2. By Beating; ● Insanity – deranged or perverted condition
3. By Assaulting; or of mental faculties and is manifested in
language and conduct. [People v.
4. By Administering injurious substance. (Art.
Domingo, G.R. No. 184343]
264)
● Imbecility - a more or less advanced
decay and feebleness of the intellectual
Serious Physical Injuries
faculties [Black’s Law Dictionary]
They are when the injured person, in
● Impotence - an inability to copulate,
consequence of the physical injuries inflicted—
includes sterility.
[I-SMI-DMUI90-30]
● Blindness - must be of two eyes [REYES,
1. Becomes Insane, imbecilic, impotent or
Book 2]
blind
● Penalty is 1 degree higher when the victim
2. If the person injured:
is under 12 years of age. [Sec. 10, RA
a. Loses the use of Speech or the power to
7610]
hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg, or Characteristics of par. 2
b. Loses the use of any such Member; or
● Loss of power to hear - must be of both
c. Becomes Incapacitated for the work in ears. If hearing in only one ear is lost, it falls
which he was theretofore habitually under par. 3.
engaged, in consequence of the physical ● Blindness – requires the loss of an eye
injuries inflicted; only, thus mere weakness of vision is not
3. If the person injured: contemplated [id.]

Page 205 of 277

U.P. BOC CRIMINAL LAW II
● Loss of the use of hand or incapacity for
work - must be permanent.
● All the body parts mentioned are principal
members of the body (eye, hand, foot etc.)
[Id]
Characteristics of par. 3
● It covers any other part of the body which
is not a principal member of the body.
● Fingers of the hand are not principal
members and the loss of such fall under the
third type. However, if it is proven that the
loss of the fingers resulted in the loss of the
use of the hand itself, it would fall under the
second type. [US v. Punsalan, G.R. No.
7539 (1912)]
Elements of Deformity: [UAV]
1. Physical Ugliness,
2. Permanent and definite Abnormality,
and
3. Conspicuous and Visible.
Illness or Incapacity under Pars 2, 3, and 4.
● What is required is illness or incapacity and
not medical attendance. [REYES, Book 2]
● Injured party must have a vocation at
the time of the injury - Incapacity
therefore must relate to a certain kind of
work only [Id.]
● Work - includes studies or preparation for
a profession. Mere lessening of efficiency
due to injury is not incapacity. [Id]
● Type of Work
a. Par. 3 – work in which the offended party
is habitually engaged
b. Par. 4 – any type of labor
No Attempted or Frustrated Physical
Injuries
This felony is defined by the gravity of the
injury. It is a crime of result. As long as there is
no injury, there can be no attempted or
frustrated stage thereof. [Id]
Committed through Reckless Imprudence
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence
or negligence under Art. 365 in relation to Art.
263. [Id]
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CRIMINAL LAW
Qualifying Circumstances:
1. If it is committed against any of the persons
referred to in the crime of parricide under
Article 246;
2. If any of the circumstances qualifying
murder attended its commission. [Art. 263,
RPC]
NOTE: The said qualified penalties are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement [Art, 263(7), RPC]]
c. Article 264 - Administering
Injurious Substances or
Beverages
Elements: [IKI]
1. Offender Inflicted any serious physical
injury;
2. It was done by Knowingly administering to
him any injurious substance or beverages or
by taking advantage of his weakness of
mind or credulity; and
3. There was no Intent to kill.
NOTE: Art 264 does not apply when the
Physical Injuries Resulted to Less Serious or
Light as they will be treated under Art. 265 or
Art. 266, as the case may be. [Id]
d. Article 265 - Less Serious Physical
Injuries
Elements: [IMP]
1. Offended party:
a. Is Incapacitated for labor for 10 days or
more (but not more than 30 days); or
b. Needs Medical attendance for the same
period of time;
2. Physical injuries must not be those
described in the Preceding articles.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualified Less Serious Physical Injuries Slapping of Offended Party

Addition of a Fine General Rule: Slapping is a form of ill-
not exceeding treatment which is a form of slight physical
Higher Penalty
P50,000 injuries.
Imposed
[Sec. 60, RA 10951
in re: Art. 265] Exception: If the slapping is done to cast
The victim is either: dishonor upon the person slapped, or to
1. Offender’s humiliate or embarrass the offended party out
1. There is a parents, of a quarrel or anger, the crime is slander by
manifest intent to ascendants, deed. [REYES, Book 2]
insult or offend guardians,
the injured curators or Summary:
person; or teachers; or Gravity Injury Days
2. There are 2. Persons of rank or Incapacity from
Permanent
circumstances person in habitual work
adding ignominy authority, Illness/incapaci
Over 90
to the offense. provided the Serious ty from habitual
days
crime is not direct [Art. 263] work
assault. Illness/incapaci
31-90 days
ty from labor
Less Incapacity from
e. Article 266 - Slight Physical Serious labor/medical
10-30 days
Injuries and Maltreatment [Art. 265] attendance
required
Modes [1-9-PI] Incapacity from
1. Physical injuries incapacitated the offended labor/medical
1-9 days
party for labor from 1-9 days, OR required attendance
medical attendance during the same period; required
2. Physical injuries did not Prevent the Physical
offended party from engaging in his habitual injuries which
work or did not require medical attendance; did not prevent
Slight
or the offended
[Art. 266
3. Ill-treatment of another by deed without party from Regardless
causing any injury. engaging in of Days
habitual work
Duration of Incapacity or Medical nor did it
Attendance require medial
In the absence of evidence as to the duration attendance
of the offended party’s incapacity for labor or
medical attendance, the crime is only slight Physical Injuries vs. Attempted or
physical injuries. [People v. Arranchado, G.R. Frustrated Homicide
No. L-13943] Physical Injuries Attempted or
[Art. 263, 265, 266] Frustrated
Supervening Event Converting the Crime Homicide
Supervening event converting the crime into Existence of Physical Injuries
serious physical injuries after the filing of the General Rule: The
May be committed
information for slight physical injuries can still offender must have
even if no physical
be the subject of amendment or of a new inflicted physical
injuries inflicted
charge. [People v. Manolong, G.R.No. L-2288] injuries

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Chronological Age or Intellectual Disability

Exception: In determining whether a person is twelve (12)
Maltreatment (Art. years of age under par. (d), the interpretation
266(3)) should be in accordance with either the
Intent to Kill chronological age of the child if he or she is not
No intent to kill the With intent to kill suffering from intellectual disability, or the
offended party offended party mental age if intellectual disability is
established. [People v. Quintos, G.R. No.
199402, (2014)]
3. Chapter III : Rape
Classifications of Rape
a. Article 266 - A – Rape (as amended Rape by Sexual
by RA 8353) Sexual Assault
Intercourse
As to Offended Party
Mode 1: Rape by Sexual Intercourse Against a Woman or
Elements: [MCC-FRM12] Against a Woman
Man
1. Offender is a Man; As to Offender
2. Offender had Carnal knowledge of a Can now be
woman; committed by a man
3. Such act is accomplished under any of the or woman, that is, if a
following Circumstances: Always a man woman or a man
a. By using Force, threat or intimidation; uses an instrument
b. When the woman is deprived of Reason on an orifice of male
or is otherwise unconscious; or woman
c. By means of fraudulent Machination or As to Commission of Offense
grave abuse of authority; or Inserting a finger
d. When the woman is under 12 years of inside the genital of a
age (Statutory Rape) or is demented. woman or man is
Sexual intercourse
rape through sexual
Mode 2: Rape through Sexual Assault assault within the
Elements: [SM-PI-C-FDM12] context of object
1. Offender commits an act of Sexual assault;
2. Act is committed by any of the following
Complete Penetration is Not Necessary
Means:
In rape, from the moment the offender has
a. By inserting his Penis into another
carnal knowledge of the victim, he actually
person's mouth or anal orifice; or
attains his purpose, all the essential elements
b. By inserting any Instrument or object into
of the offense have been accomplished.
the genital or anal orifice of another
[People v. Orita, G.R. No. 88724 (1990)]
person;
3. Act is accomplished under any of the
Moreover, it is not the number of times that
following Circumstances:
appellant ejaculated but the penetration or
a. By using Force or intimidation; or
‘touching’ that determines the consummation
b. When the woman is Deprived of reason
of the sexual act. [People v. Ferrer, G.R. No.
or otherwise unconscious; or
142662 (2001); People v. Orilla, G.R. Nos.
c. By means of fraudulent Machination or
148939-40 (2004)]
grave abuse of authority; or
d. When the woman is under 12 years of
NOTE: There is NO crime of frustrated rape.
age or demented.
[Id]

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U.P. BOC CRIMINAL LAW II
Rules on Accompanying Circumstances
1. Force, Threat or Intimidation – It is not
necessary that the force employed against
the complaining woman in rape be so great
or of such a character as could not be
resisted. It is enough that the force used is
sufficient to consummate the culprit's
purpose of copulating with the offended
woman [People vs. Savellano, G.R. No. L-
31227 (1974)].
2. Deprived of Reason or Unconscious –
means that the victim has no will to give
consent intelligently and freely. [REYES,
Book 2]
3. Drowsiness - state of being drowsy, i.e.,
ready to fall asleep or half-asleep. [People
v. Siarza, G.R. No. L-111682 (1997)]
4. Statutory Rape - rape of a woman who is
below 12 years of age; victim is
conclusively presumed incapable of giving
consent to sexual intercourse with another.
[People v. Negosa, G.R. Nos. 142856-7
(2003)]
Rule on Resistance
General Rule: The law requires manifest and
tenacious resistance. A verbal refusal alone
will not do. There must be physical struggle,
taxing her powers to the utmost. Thus, mere
initial resistance of the offended party in rape
cases is not enough [REYES, Book 2 citing
People vs. Lago, CA, 45 OG 1356]
Exception: Where the victim resists, and the
resistance would be futile, even offering none
at all does not amount to consent to the sexual
assault. [People vs. Las Piñas, Jr. G.R. No.
133444, (2002)]
NOTE: When the offender in rape has an
ascendancy on influence over the girl i.e. a
father over his daugher, it is not necessary that
she put up a determined resistance. [People v.
Metin, G.R. No. 140781 (2003)]
Moral Ascendancy or Influence
Moral ascendancy or influence exercised by
the accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
Page 209 of 277
CRIMINAL LAW
1. Fathers against their daughters [People v.
Bayona, G.R. No. 133343 (2000)]
2. Stepfathers against their stepdaughters
[People v. Vitor, G.R. No. 113690 (1995)]
3. A godfather against his goddaughter
[People v. Casil, G.R. No. 110836 (1995)]
4. Uncles against their nieces [People v.
Betonio, G.R. No. 119165 (1997)]
5. The first cousin of the victim’s mother
[People v. Perez, G.R. No. 129213 (1999)]
Qualified and Simple Seduction; When
Absorbed
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of
qualified and simple seduction. [Id]
Seclusion Not Necessary
Rape may, likewise, be committed in a room
adjacent to where the victim's family is
sleeping, or even in a room shared with other
people. [People v. Glivano, G.R. No. 177565
(2008)]
Evidence
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or Where the offended party is
so situated as to render him/her incapable of
giving his consent. [REYES, Book 2]
Sweetheart Doctrine
Operates on the theory that the sexual act is
consensual. It requires proof that the accused
and the victim were lovers and that she
consented to the sexual relations. [People v.
Udang, G.R. No. 210161, (2018)]
It was previously ruled that being sweethearts
does not negate the commission of rape
because such does not give the appellant the
license to have sexual intercourse against the
victim’s will [People vs. Olesco, G.R. No.
174861, (2011)]
However, in the later case of People vs. Udang
[id.], it has been ruled that the theory may apply
in acts of lasciviousness and rape, felonies
committed against or without the consent of the
victim, it operates on the theory that the sexual
U.P. BOC CRIMINAL LAW II
act was consensual. It requires proof that the
accused and the victim were lovers and that
she consented to the sexual relations.
Exception: Sweetheart doctrine cannot be
invoked in instances involving sexual
intercourse and lascivious conduct involving
child abuse cases under RA 7610, where the
victim abused cannot validly give their consent
to another person. In cases involving minors,
consent is immaterial [id.].
Rape Shield Rule
Character of the offended woman is immaterial
in rape. [People vs. Udang, id.]
Marital Rape
Prior to RA 8353, a husband cannot be guilty
of rape, however, under Art. 266-C of RA 8353,
he may now be held guilty. [People v.
Jumawan, G.R. No. 187495 (2014)]
Special Complex Crime
1. When the rape is attempted and a
homicide is committed by reason of or on
the occasion of attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.
[REYES, Book 2]
b. Article 266 - B – Qualified Rape
Qualifying Circumstances
1. If the victim: [18-C-7-M]
b. Is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent,
guardian, relative by consanguinity or
affinity w/in the 3rd civil degree, or the
common law spouse of the parent of the
victim
c. Is under the Custody of the police /
military authorities / law enforcement
agency
d. Is a religious and such legitimate
vocation is known by the offender before
or at the time of rape
e. Is a child below 7 yrs. old;
f. Suffered permanent or physical
Mutilation or disability by reason or on
the occasion of rape
2. If the offender: [SAPMF]
Page 210 of 277
CRIMINAL LAW
a. Is afflicted with a Sexually transmissible
disease & the virus / disease is
transmitted to the victim;
b. Is a member of the AFP / PNP / any law
enforcement agency / penal institution, &
took advantage of his position;
c. Knew of the Pregnancy of the offended
party at the time of the commission of
rape;
d. Knew of the Mental disability, emotional
disorder, or physical handicap of the
offended party at the time of the
commission of rape
3. If Rape is committed in Full view of the
spouse, parent, any of the children, or other
relatives w/in the 3rd civil degree of
consanguinity
NOTE: Special qualifying circumstances have
to be alleged in the information for it to be
appreciated. [People v. Gallo]
c. Art. 266 - C - Effect of Pardon
The following shall extinguish the criminal
action or the penalty imposed:
1. Subsequent valid marriage between the
offender and the offended party, but only
as to the husband.
2. Subsequent forgiveness by the wife as the
offended party when the legal husband is
the offender, provided their marriage is not
void ab initio. [REYES, Book 2]
Applicability of Pardon; Only to Principals
Pardon is not applicable to accomplices,
accessories and multiple rapes. Since rape is
now categorized as a crime against persons,
marriage extinguishes the penal action only as
to the principal. This does not apply where
multiple rape was committed because while
marriage with one defendant extinguishes
criminal liability, it cannot be extended to acts
committed by others. [REYES, Book 2]
U.P. BOC CRIMINAL LAW II
d. Art. 266 - D - Presumptions
Evidence which may be accepted:
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/hear consent. [Art. 266-D, RPC]
I. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
1. Chapter I: Crimes Against
Liberty
SECTION 1. ILLEGAL DETENTION
a. Article 267 - Kidnapping and
Serious Illegal Detention
Elements [PPu-K-I-MoSSTMiFP]:
1. Offender is a Private individual or a Public
Officer who has no duty under the law to
detain a person;
2. He Kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
3. Detention or kidnapping is Illegal; and
4. In the commission of the offense, any of the
following circumstances is present:
a. Kidnapping lasts for More than 3 days;
b. It is committed Simulating public
authority;
c. Any Serious physical injuries are
inflicted upon the person kidnapped or
detained or Threats to kill him are made;
or
d. Person kidnapped or detained is a
Minor, Female, or a Public officer.
Essential Element
The essential element of kidnapping is the
deprivation of the offended party’s liberty under
any of the four instances enumerated. [People
v. Suarez, G.R. No. L-27352 (1969)]]
Page 211 of 277
CRIMINAL LAW
Lack of Consent is a Fundamental Element
The involuntariness of the seizure and
detention is the very essence of the crime.
Although the victim may have initially
consented to go with the offender to a place,
but the victim is thereafter prevented, with the
use of force, from leaving the place where he
was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention.
[People v. Pickrell, G.R. No. 120409 (2003)]
Detention is Illegal
Detention is illegal when it is not ordered by
competent authority nor permitted by law.
[REYES, Book 2]
Placing Victim in an Enclosure is Not
Necessary
It is not necessary that the victim be placed in
an enclosure, as long as he is deprived, in any
manner, of his liberty. It suffices that there be
actual or manifest restraint on the person or
liberty of the victim. [People v. Cortez, et al.,
G.R. Nos. 131619-20 (2000)]
Lack of Freedom to Leave at Will is
Sufficient
Leaving a child in the house of another, where
he had freedom of locomotion but not the
freedom to leave it at will, deprives him of
liberty [People v. Acosta, 60 O.G. 6999, cited
in REYES, Book 2].
Qualifying Circumstances: [RKDRT]
When any of the following circumstances are
present, the penalty shall be death:
1. Purpose is to extort Ransom.
2. When the victim is Killed or Dies as a
consequence of the detention.
3. When the victim is Raped.
4. When victim is subjected to Torture or
dehumanizing acts.
Ransom
Means money, price or consideration paid or
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required and it
does not matter whether or not ransom was
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

actually paid. [People v. Jatulan, G.R. No. Illegal Detention v. Arbitrary Detention
171563 (2007)] [REYES, Book 2]
● Actual demand for ransom is Illegal Detention Arbitrary Detention
unnecessary, as long as it can be proven [Art. 267] [Art. 124]
that the kidnapping was done for the As to Offender
purpose of extorting money. [REYES, Book Private individual or Public
2]
public officer/employee
● If kidnapping is for ransom, none of the
officer/employee with a legal duty to
4 circumstances under Art. 267 needs to
be present. [People v. Cenahonon, G.R. who has no legal detain persons
169962 (2007)] duty to detain a
person
Elements of Kidnapping for Ransom [LDR] As to Acts Committed
1. Intent on the part of the accused to deprive Offender kidnaps,
Public officer detains
the victim of Liberty detains, or
2. Actual Deprivation of liberty a person without
otherwise deprives a
3. Motive of the accused: extorting Ransom legal ground.
person of liberty.
for release of victim [People v. Ejandra, As to Classification
G.R. No 174659 (2008)]
Crime against the
Crime against
Special Complex Crime of Kidnapping with fundamental laws of
personal liberty
Murder/Homicide the State
Where the person kidnapped is killed in the
course of the detention, regardless of whether b. Article 268 - Slight Illegal Detention
the killing was purposely sought or was merely
an afterthought, the crime is a special complex Elements [PKIW]:
crime and the maximum penalty shall be 1. Offender is a Private individual;
imposed as provided by the last paragraph of 2. He Kidnaps or detains another, or in any
Art. 267. [People v. Ramos, G.R. No. 118570 other manner deprives him of his liberty.
(1998)] 3. Kidnapping or detention is Illegal; and
4. Crime was committed Without the
When Murder and not Kidnapping attendance of any of the circumstances
a. If the primary and ultimate purpose of enumerated in Article 267.
the accused is to kill the victim - the
incidental deprivation of the victim’s liberty Liability of Person Furnishing the Place
does not constitute kidnapping but is The liability of one who furnishes the place
merely a preparatory act to the killing and where the offended party is being held captive
is absorbed by the killing of the victim. is that of a principal and not of an accomplice.
[People v. Delim, G.R. No. 142773 (2003)] [REYES, Book 2]
b. If from the acts of the accused it cannot
be inferred that the latter’s purpose was Privileged Mitigating Circumstance [R3AC]
to actually detain or deprive the victim The penalty is lowered if:
of his liberty - the subsequent killing of the 1. Offended party is voluntarily Released
victim did not constitute the crime of within 3 days from the start of illegal
kidnapping. The demand for ransom does detention;
not convert the crime into kidnapping, if no 2. Without Attaining the intended purpose; and
deprivation of liberty was involved. [People 3. Before the institution of the Criminal action.
v Padica, G.R. No. 102645 (1993)]
NOTE: Voluntary release will only mitigate
criminal liability if crime was slight illegal

Page 212 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

detention. If serious, it has no effect. [Asistio v. By making By detaining By failing to

Hon. San Diego, G.R. No. L-21991 (1964)] an arrest not a person deliver such
authorized without legal person to the
c. Article 269 - Unlawful Arrest by law ground proper
although the judicial
Elements [ADN] offender has authority
1. Offender Arrests or detains another person; authority to within a
2. Purpose of the offender is to Deliver him to
make arrests certain
the proper authorities; and
period.
3. Arrest or detention is Not authorized by law
or there is no reasonable ground therefor.
SECTION 2. KIDNAPPING OF MINORS
Offender
The offender may be a private individual or a d. Article 270 - Kidnapping and
public officer but the public officer must not be Failure to Return a Minor
vested with the authority to arrest or be acting
in his official capacity. [REYES, Book 2] Elements [ED]:
1. Offender is Entrusted with the custody of a
Arbitrary Detention v. Unlawful Arrest v. minor person (under 18 years of age)
Delay in the Delivery of Detained Persons 2. He Deliberately fails to restore the said
[REYES, Book 2] minor to his parents or guardians
Delay in
Unlawful Arbitrary Delivery of When Offender is a Parent
Arrest Detention Detained The penalty if the offender is a parent, is that
[Art. 269] [Art. 124] Persons provided in Art. 271 which is arresto mayor.
[REYES, Book 2]
[Art. 125]
As to Offender Failure to Return a Minor included in
Any person Public officer Kidnapping and Serious Illegal Detention
As to Purpose of the Offender The deliberate failure to return a minor under
Intention to No intention Intention to one’s custody constitutes deprivation of liberty.
bring the to bring the bring the Kidnapping and failure to return a minor is
offender to offender to offender to necessarily included in kidnapping and serious
the proper the proper the proper illegal detention of a minor under Article 267(4).
authority authorities. authority and [People v. Generosa, G.R. No. L-69236 (1986)]
and file a Intention is file a case
Failure to Return Minor v. Serious Illegal
case merely to
Detention
detain him.
Kidnapping and
As to the Classification Failure to Return
Crime Crime Against Fundamental Serious Illegal
a Minor
Detention of
against Law of the State [Art. 270]
Minors [Art. 267]
Liberty
As to Offender
Cause for Detention
Offender is Offender is not
Detention is without legal Detention is
entrusted with the entrusted with the
ground for some
custody of the minor custody of the
legal ground.
minor.
How Crime is Committed

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Hence, where a and the custody of the minor children is given

minor child was to one of them. [REYES, Book 2]
taken without the
knowledge and SECTION 3. SLAVERY AND SERVITUDE
consent of his
parents, the crime is f. Article 272 – Slavery
kidnapping and
Elements [PuSeKiDe-E]:
serious illegal
1. Offender Purchases, Sells, Kidnaps or
detention under
Detains a human being; and
Article 267. [People 2. Purpose of the offender is to Enslave such
v. Mendoza, G.R. person.
No. 180501 (2008)]
As to Act Punished Qualifying Circumstance
What is punished is What is punished is The penalty is increased if the purpose of the
the deliberate failure the illegal detaining offender is to assign the offended party to some
of the offender or kidnapping of the immoral traffic. [REYES, Book 2]
having custody of minor
the minor to restore g. Article 273 - Exploitation of Child
him to his parents or Labor
guardians
Elements [RAD]:
1. Offender Retains a minor in his services;
e. Article 271 - Inducing a Minor to
2. It is Against the will of the minor; and
Abandon His Home 3. It is under the pretext of reimbursing himself
of a Debt incurred by an ascendant,
Elements [MI]:
guardian or person entrusted with the
1. Minor (under 18) is living in the home of his
custody of such minor.
parents or guardians or the person
entrusted with his custody; and
h. Article 274 - Services Rendered
2. Offender Induces said minor to abandon
such home. Under Compulsion in Payment of
Debt
Requisites of Inducement
Inducement must be: [AID] Elements [HoLA-Pay]:
1. Actual, 1. Offender compels a debtor to work for him,
2. Committed with criminal Intent, and either:
3. Determined by a will to cause Damage. a. As a Household servant; or
[REYES, Book 2] b. Farm Laborer;
2. It is Against the debtor’s will;
Minor Need Not Actually Abandon his Home 3. Purpose is to require or enforce Payment of
The minor should not leave his home of his own a debt.
free will. What constitutes the crime is the act
of inducing a minor to abandon the home of his
guardian, and it is not necessary that the minor
actually abandons the home. [REYES, Book 2]

Parents may Commit the Crime

Father or mother may commit the crimes in Art.
170 and 171 where they are living separately

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Service under Compulsion v. Exploitation Elements of the First Punishable Act

of Child Labor [UWWF]:
Service under Exploitation of 1. Place is Uninhabited;
Compulsion Child Labor 2. Accused found there a person Wounded or
[Art. 274] [Art. 273] in danger of dying;
As to the Victim 3. Accused can render assistance Without
detriment to himself; and
Does not distinguish
Victim must be a 4. Accused Fails to render assistance.
whether or not the
minor
victim is a minor
Uninhabited Place
As to the Person Compelled to Work Whether a place is to be considered
The debtor himself The minor is uninhabited or not depends on the possibility of
is the one compelled compelled to render a person receiving assistance from another.
to work for the services for the The place may still be considered uninhabited
offender supposed debt of even if there are many houses around if the
his parents or possibility of receiving assistance is remote
guardian [id.]
As to Nature of Work
NOTES:
Limited to household
Service is not limited ● This provision does not apply when the
work or farm labor
offender intentionally wounds another
[REYES, Book 2]
2. Chapter II: Crimes Against ● The child under 7 years old must be found
Security in an unsafe place [id]
● It is immaterial that the offender does not
know that the child is under seven. [id]
SECTION 1. ABANDONMENT OF
HELPLESS PERSONS AND EXPLOITATION
OF MINORS b. Article 276 - Abandoning a Minor

a. Article 275 - Abandonment of
Persons in Danger and
Abandonment of Own Victim
Punishable Acts [UAC]
1. Failing to render assistance to any person
whom the offender finds in an Uninhabited
place, wounded or in danger of dying when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense.
2. Failing to help or render assistance to
another whom the offender has
Accidentally wounded or injured;
3. 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 deliver him to a safe
place.
Elements [CSAN]:
1. Offender has the Custody of a child;
2. Child is under Seven years of age;
3. He Abandons such child; and
4. He has No intent to kill the child when the
latter is abandoned.
Qualifying Circumstances [DD]:
1. When the Death of the minor resulted from
such abandonment; or
2. If the life of the minor was in Danger
because of the abandonment.
Abandonment
Permanent, conscious and deliberate
abandonment is required. Abandonment is not
the momentary leaving of a child but is a
deprivation of care and protection from danger
to his person. [People v. Bandian, G.R. No.
45186 (1936)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

No Presumption of Intent to Kill Notes:

The ruling that the intent to kill is presumed a. Termination of obligation to educate
from the death of the victim of the crime is children – such obligation terminates if
applicable only to crimes against persons, and the mother and children refuse without
not to crimes against security, particularly the good reason to live with the accused.
crime of abandoning a minor under Art. 276. [People v. Miraflores, C.A.-G.R. No.
[REYES, Book 2] 43384]
b. Failure to give education must be due
Loss of Parental Authority to deliberate desire to evade such
If the offender is the parent of the minor who is obligation – if the parents cannot give
abandoned, he shall be deprived of parental education because they had no means
authority. [Art. 332, New Civil Code] to do so, then they will not be liable under
this article. [REYES, Book 2]
c. Article 277 - Abandonment of
Minor by Person Entrusted With Abandonment of Minor by Person
Entrusted with Custody v. Abandonment of
Custody; Indifference of Parents
a Minor
Punishable Acts [DEd]: Abandonment by
Abandonment of
1. Delivering a minor to a public institution or Person Entrusted
Minor
other persons without the consent of the with Custody
[Art. 276]
one who entrusted such minor to the care [Art. 277]
of the offender or, in the absence of that As to Custody of the Offender
one, without the consent of the proper Custody specific to
authorities; the rearing or
Custody in general
education of the
Elements [RedC]: child
a. Offender was in charge of the Rearing
As to Age of the Minor
or education of a minor;
Minor must be under Minor must be under
b. He Delivers said minor to a public
institution or other persons; and 18 7
c. No Consent was obtained from the one As to Act of Abandonment
who entrusted such child to the Minor is abandoned
Minor is delivered to
offender; or if such person is absent, the in such a way as to
a public institution or
proper authorities have not consented deprive him of care
to it. other person
and protection

2. Neglecting his (offender’s) children by not d. Article 278 - Exploitation of Minors

giving them the Education which their
station in life requires and financial
condition permits
Elements [PES]:
a. Offender is a Parent;
b. He neglects his children by not giving
them Education; and
c. His Station in life requires such
education and his financial condition
permits it.
Punishable Acts [DEDDI]:
1. Causing any boy or girl under 16 years of
age to perform any Dangerous feat of
balancing, physical strength or contortion,
the offender being any person;
2. Employing children under 16 years of age
who are not the children or descendants of
the offender in Exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-animal
tamer, the offender being an acrobat, etc.,

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

or circus manager or engaged in a similar Summary of Ages of Minors

calling;
3. Employing any Descendant under 12 years
of age in dangerous exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of the said callings;
4. Delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in mode 2, or to
any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any capacity
with the care of such child;
5. Inducing any child under 16 years of age to
abandon the home of its ascendants,
guardians, curators or teachers to follow
any person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the
offender being any person.
Minor is one who is:
1. Below 18 years of age
a. Kidnapping and Failure to Return a
Minor [Art. 270]
b. Abandonment of Minor Entrusted
with His Custody; Indifference of
Parents [Art. 277]
c. Swindling a Minor [Art. 317]
2. Below 16 years of age
a. Exploitation of Minors (Pars. 1, 2, 4
and 5) [Art. 278]
3. Below 12 years of age
a. Exploitation of Minors (Par. 3) [Art.
278]
4. Below 7 years of age
a. Abandoning a Minor [Art. 276]
b. Abandonment of helpless persons
in danger and abandonment of
one’s own victim (Par 3) [Art.
275(3)]

Qualifying Circumstances: e. Article 279 – Additional Penalties

Delivery of the child in consideration of any
for Other Offenses
price, compensation, or promise. [Art. 278,
RPC]
Other Penalties may be Imposed
The penalties prescribed in Art 275-278 shall
Other Effects if Offender is Convicted:
not prevent the imposition of penalties under
1. Guardian or Curator – shall be removed as
other provisions of the RPC upon the same
such.
offender.
2. Parents – may be deprived of their parental
authority, temporarily or perpetually, at the
SECTION 2. TRESPASS TO DWELLING
court’s discretion [Art. 278, RPC].

Exploitation of Minors v. Inducing a Minor f. Article 280 - Qualified Trespass to

to Abandon his Home [REYES, Book 2] Dwelling
Exploitation of Inducing a Minor
Minors [Art. 278, to Abandon His Elements [PEW]
par. 5] Home [Art. 271] 1. Offender is a Private person;
2. He Enters the dwelling of another; and
As to Purpose
3. Such entrance is against the latter’s Will.
Purpose is to follow
Purpose is to simply
any person engaged Qualifying Circumstance:
induce the minor to
in any of the callings Offense is committed by means of violence or
leave his home.
mentioned intimidation.
As to Age of Victim
Victim is under 16 Victim is a minor Dwelling Place
years or 12 years of (below 18 years of The place that a person inhabits. It is any
age age) building or structure exclusively devoted for
rest and comfort. It includes the dependencies

Page 217 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

which have interior communication with the dwelling as an aggravating circumstance

house. [REYES, Book 2] [REYES, Book 2]

It is not necessary that it be the permanent Owners may be Guilty of Trespass

dwelling of the person. A person’s room in a Trespass may be committed by the owner of a
hotel may be considered a dwelling. It also dwelling (i.e. lessor enters the house leased to
includes a room where one resides as a another against the latter’s will). [People v.
boarder. [REYES, Book 2] Almeda et al.,15 Phil 223]

Authority to Invite into House What is Not Considered Trespass [PSC]:

All members of a household are presumed to 1. Entrance to another’s dwelling made for the
have authority to extend an invitation to enter purpose of Preventing some serious harm
the house. [US v. Dulfo, G.R. No. 4133 (1908)] to himself, the occupants of the dwelling, or
a third person.
Prohibition Required 2. If the purpose is to render some Service to
General Rule: Prohibition must be in existence humanity or justice.
prior to or at the time of entrance. The entrance 3. If the place where entrance is made is a
must be against the presumed, or implied, or Café, tavern, inn, and other public house,
express prohibition of the occupant. Lack of while the same are open.
permission does not amount to prohibition.
[People v. De Peralta, G.R. No. 17332 (1921)] Violation of Domicile vs. Trespass to
Dwelling
Exception: Prohibition is not necessary when Violation of Trespass to
violence or intimidation is employed by the Domicile [Art. 128] Dwelling [Art. 280]
offender (qualified trespass). [REYES, Book 2] Classification
● Violence or intimidation may take place Crimes against
immediately after the entrance [US v. Crime against
Fundamental Laws
Arceo, G.R. No. 1491 (1904)] Security
of the State
Implied Prohibition As to Offender
1. If the entry is made by a way not intended Public officer or
for entry, it is presumed to be against the will employee, not
Private individual
of the occupant (example, entry through a authorized by any
window). [REYES, Book 2] judicial order
2. When one enters the dwelling of another at As to Manner of Commission
late hour of the night after the occupants 1. Entering the
have retired and closed their doors does so dwelling against
against their will. Prohibition is presumed. the will of the
[US v. Mesina, G.R. No. 6717 (1911); US v.
owner
Panes, G.R. 7987 (1913)]
2. Surreptitiously Entering the
Crime Committed if a Person is Killed entering the dwelling against the
If a person was killed after trespass by the swelling and will of the owner.
offender, the following crimes are committed: refusing to leave
1. If there was no intent to kill when he after being
entered: separate crimes of homicide or required to do
murder qualified by trespass to dwelling. so.
2. If there was intent to kill when he
entered: the crime is homicide/murder with

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 281 - Other Forms of SECTION 3. THREATS AND COERCION

Trespass
Elements [CUMN]:
1. Offender enters the Closed premises or the
fenced estate of another;
2. Entrance is made while either of them is
Uninhabited;
3. Prohibition to enter is Manifest; and
4. Trespasser has Not secured the permission
of the owner or the caretaker thereof.
Premises
“Premises” signifies distinct and definite
locality. It may mean a room, shop, building or
definite area, but in either case, locality is fixed.
[REYES, Book 2]
h. Article 282 - Grave Threats
Punishable Acts [AWC]
1. Threatening another with the infliction upon
his person, honor or property or that of this
family of any wrong amounting to a crime
and demanding money or imposing any
other condition, even though not unlawful,
and the offender Attained his purpose;
2. Making such threat Without the offender
attaining his purpose;
3. 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.

Qualified Trespass v. Other Forms of Elements:

Trespass [REYES, Book 2] Mode 1: Mode 2: Mode 3:
Qualified Trespass Threatening Threat w/o Threat of
Other Forms of
to Dwelling [Art. , even if not attaining crime
Trespass [Art. 281] unlawful purpose [TCNN]
280]
As to Offender [TCDA] [TCDN]
Offender is a private Offender is any 1. Offender Threatens another person with
person person the infliction upon the latter’s person, honor
As to the Premises Entered or property, or upon that of the latter’s
Offender enters family, of any wrong.
Offender enters a 2. Such wrong amounts to a Crime.
closed premises or
dwelling
fenced estate 3. There is a Demand for 3. Threat is
As to Place money or that any other Not subject
Place entered is Place entered is condition is imposed, even to a
inhabited uninhabited though not unlawful. condition.
As to Act Punished 4. Offender 4. Offender
Entering the closed Attains his does Not
premises or the purpose. attain his
Entering the purpose.
fenced estate
dwelling against the
without securing the
will of the owner Third Type of Grave Threats
permission of the
owner or caretaker. The third type of grave threats must be serious
and deliberate; the offender must persist in the
As to Prohibition
idea involved in his threats. The threat should
Prohibition to enter is Prohibition to enter not be made in the heat of anger, because such
express or implied must be manifest is punished under Article 285. If the condition
is not proved, it is grave threats of the third
type. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualifying Circumstance: 4. Offender has Attained his purpose or, that

If the threat was made in writing or through a he has Not attained his purpose.
middleman, penalties imposed will be that of
the maximum period. [REYES, Book 2] NOTE: Blackmailing may be punished under
this article. [REYES, Book 2]
Offended Party Need Not be Present
It is not necessary that the offended party was Grave Threats v. Light Threats [REYES,
present at the time the threats were made. It is Book 2]
sufficient that the threats came to the Grave Threats Light Threats
knowledge of the offended party. [REYES, [Art 282] [Art 283]
Book 2] Acts Threatened to be Committed
Act threatened does
When Consummated Act threatened
not amount to a
As soon as the threats came to the knowledge amounts to a crime
crime
of the offended party. [REYES, Book 2]
As to Demand for Money
Commission of Crime Threatened Demand for
If there is another crime actually committed or money/imposition of
Demand is not an
the objective of the offender is another crime any condition is an
essential element
and the threat is only a means to commit or a essential element
under mode 3.
mere incident to its commission, the threats are whether attained or
absorbed by the latter. [REYES, Book 2] not.

Example: When threats are made and money j. Article 284 - Bond for Good
or property is demanded on the spot, the crime
Behavior
may be robbery with intimidation. [US v.
Osorio, G.R. No. 6660 (1912)]
When a Person is Required to Give Bail
Bond
Sec. 1(h) of PD 1829 (Obstruction of
When the offender threatens another under the
Justice)
circumstances mentioned in:
Threatening the infliction of any wrong upon
1. Art. 282 (Grave Threats); or
another’s person, honor, or property or that of
2. Art. 283 (Light Threats).
any of his immediate family members or the
imposition of a condition, whether lawful or
unlawful, shall be punished as obstruction of Bond for Good Behavior v. Bond to Keep
justice when the purpose of such is to prevent the Peace
a person from appearing in the investigation of, Bond for Good Bond to Keep the
or official proceedings in criminal cases. [Sec Behavior Peace
1(h), P.D. No. 1829] [Art 284] [Art 35]
As to Applicability to Cases
i. Article 283 - Light Threats Applicable only to
Not applicable to
grave threats and
any particular case
Elements [T-N-D-AN]: light threats
1. Offender makes a Threat to commit a Effect of Failure to Give
wrong; He shall be He shall be detained
2. Wrong does Not constitute a crime; sentenced to for a period not
3. There is a Demand for money or that other destierro. exceeding 6 months
condition is imposed, even though not
(if prosecuted for
unlawful; and
grave/less grave

Page 220 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

felony) or not As to Whom Violence is Directed

exceeding 30 days Intimidation is Intimidation is
(light felony) directed against the directed against the
As a Penalty victim or his family victim only
Not a distinct
A distinct penalty
penalty Elements
[REYES, Book 2] Mode 1: Mode 2:
Preventing Compelling
k. Article 285 – Other Light Threats something not Another to do
Prohibited by Law Something against
Punishable Acts [WDACN] [PVN] his Will [CVN]
1. Threatening another with a Weapon; 1. Offender 1. Offender
2. Drawing such weapon in a quarrel, unless it Prevented another Compelled another
be in lawful self-defense; from doing to do something
3. Orally threatening another, in the heat of something not against his will; be it
Anger, with some harm constituting a prohibited by law right or wrong
Crime, without persisting in the idea
2. Effected by Violence, threats or
involved in his threat; and
4. Orally threatening to do another any harm intimidation
Not constituting a felony. 3. Restraint is Not made under authority of
If Uttered in Anger law or in the exercise of any lawful right
If the threats are directed to a person who is
absent and uttered in a temporary fit of anger, When Prevention is Not Considered
the offense is only other light threats. [People Coercion [REYES, Book 2]
v. Fontanilla, G.R. No. 39248 (1934)] a. Interruption of religious worship [Art. 132,
RPC].
Other Light Threats v. Grave/Light Threats b. Acts tending to prevent the meeting of the
Other Light Grave Threats Assembly and similar bodies. [Art. 143,
Threats and Light Threats RPC].
[Art 285] [Arts. 282 and 283] c. Violation of parliamentary Immunity. [Art.
As to Demand/Condition 145, RPC].
d. Light coercion [Art. 287, RPC].
No demand for In certain cases,
money or condition demand or condition
When Compulsion is not Considered
is imposed is material Coercion [REYES, Book 2]
As to Threat a. Expulsion [Art 127, RPC]
Threat is not Threat is deliberate b. Kidnapping of debtor to compel him to pay
deliberate [Art. 267, RPC]

l. Article 286 - Grave Coercions When Consummated

Coercion is consummated even if the offended
Threats v. Coercion party did not accede to the purpose of coercion.
Threats Coercion [US v. Cusi, G.R. No. 3699 (1908)]
As to Threatened Harm
Qualifying Circumstances [SRR]
Threatened harm
Threatened harm is 1. Violation of the exercise of the right of
must be imminent, Suffrage
future and
actual, and 2. Compelling another to perform any
conditional
immediate Religious Act

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Preventing another to perform any Unjust Vexation

Religious act [REYES, Book 2] It includes any human conduct which, although
not productive of some physical or material
Grave Coercion v. Illegal Detention [REYES, harm would, however, unjustifiably annoy or
Book 2] vex an innocent person. [REYES, Book 2]
Grave Illegal Maltreatment of
Coercion Detention Prisoners Grave Coercion v. Unjust Vexation [REYES,
[Art. 286] [Art. 267- [Art. 235] Book 2]
268] Grave Coercion Unjust Vexation
As to Offender [Art. 286] [Art. 287]
Any Private Public Officer or As to Violence and Intimidation
person individual employee There is violence There is no violence
As to Offended Party and intimidation or intimidation
Offended party is not a Offended party is
prisoner a prisoner Light Coercion v. Robbery v. Estafa [Boado]
Estafa by
As to Essential Element
Light Means of
Coercion Actual Maltreatment Robbery
Coercion Deceit
or confineme related to [Art. 294]
[Art. 287] [Art. 315 (2 &
prevention nt or correction/handli
3)]
by restraint of ng of prisoner or
Property Value of the No obligation
violence, the person to extort a
seized is property on the part of
threats or confession or
applied to seized is the offended
intimidatio information
debt by greater than party (no debt
n.
means of the debt and is involved)
violence. violence, but deceit
There is
intimidation caused
no clear
or use of damage to
intent of
force upon him.
depriving
things is
of liberty.
employed
m. Article 287 - Light Coercions
n. Article 288 - Other Similar
Elements [CresSViA]: Coercions
1. Offender must be a Creditor;
2. He Seizes anything belonging to his debtor; Punishable Acts [PT]
3. Seizure of the thing is accomplished by 1. Forcing or compelling, directly or indirectly,
means of Violence or a display of material or knowingly permitting the forcing or
force producing intimidation; and compelling of the laborer or employee of
4. Purpose of the offender is to Apply the the offender to Purchase merchandise of
same to the payment of the debt. commodities of any kind from him;

NOTE: Any other coercion or unjust vexation is Elements [OLP]:

also punishable under this provision. a. Offender is any person, agent or Officer
of any association or corporation;
b. He or such firm or corporation has
employed Laborers or employees;

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U.P. BOC CRIMINAL LAW II
c. He forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to Purchase
merchandise or commodities of any
kind from him or from said firm or
corporation.
2. Paying the wages due his laborer or
employee by means of Tokens or object
other than the legal tender currency of the
Philippines, unless expressly requested by
such laborer or employee.
Elements [TON]:
a. Offender (employer) pays the wages
due a laborer or employee by means of
Tokens or object;
b. Those tokens or Objects are not the
legal tender currency of the Philippines;
c. Such employee or laborer does Not
expressly request that he be paid by
means of tokens or objects.
o. Article 289 - Formation,
Maintenance, and Prohibition of
Combination of Capital or Labor
through Violence or Threats
(repealed by Labor Code)
Elements [ViCo]:
1. 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; and
2. Purpose is to organize, maintain or prevent
Coalitions of capital or labor, strike of
laborers or lockout of employers.
3. Chapter III: Discovery and
Revelation of Secrets
Page 223 of 277
CRIMINAL LAW
a. Article 290 - Discovering Secrets
through Seizure of
Correspondence
Elements [PSDI]:
1. Offender is a Private individual or a public
officer not in the exercise of his official
function;
2. He Seizes the papers or letters of another;
3. Purpose is to Discover the secrets of such
another person; and
4. Offender is Informed of the contents of the
papers or letters seized.
NOTE: Discovering secrets through seizure of
correspondence cannot be committed through
negligence. [REYES, Book 2]
Persons Not Covered by Art. 290
Provision is not applicable to parents,
guardians, or persons entrusted with the
custody of minors placed under their care or
custody, and to the spouses with respect to the
papers or letters of either of them. [Id.]
Qualifying Circumstance
Offender reveals the contents to a third person.
[id]
b. Article 291 - Revealing Secrets with
Abuse of Office
Elements [MES-L-R]:
1. Offender is a Manager, Employee or
Servant;
2. He Learns the secrets of his principal or
master in such capacity; and
3. He Reveals such secrets.
Damage Immaterial
An employee, manager, or servant who reveals
the secret of his master or principal shall be
liable regardless of the damage suffered by the
principal or master. [REYES, Book 2]
Secrets Learned in the Course of
Employment
Essence of this crime is that the offender
learned of the secret in the course of his
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

employment. With the reason being that no one 2. The manufacturing or industrial
has a right to the personal privacy of another. establishment has a Secret of the industry
[id.] which the offender has learned;
3. Offender Reveals such secrets; and
Discovering Secrets through Seizure of 4. Prejudice is caused to the owner.
Correspondence v. Public Officer
Revealing Secrets of Private Individual vs. NOTES:
Revealing Secrets with Abuse of Office 1. Secrets must relate to manufacturing
Discovering Public Revealing processes [REYES, Book 2]
Secrets Officer Secrets 2. The revelation of the secret might be made
through Revealing with Abuse even after the employee or workman had
Seizure of Secrets of of Office ceased to be connected with the
Corresponde Private [Art. 291] establishment. [id.]
nce Individual
[Art. 290] [Art. 230] J. CRIMES AGAINST
As to Offender
PROPERTY
Private Public Manager,
Individual or Officer Employee
Public Officer or Servant 1. Chapter I: Robbery in General
not in the serving a
exercise of his Principal or a. Article 293 – Who Are Guilty of
official Master Robbery
functions
As to Where Secrets are Contained Classifications of Robbery: [ViFo]
Papers or No specific No specific 1. Robbery with Violence against, or
intimidation of persons (Arts. 294, 297 &
letters of medium. medium.
298); and
another What is The
2. Robbery by use of Force upon things (Art.
necessary offender
299 & 302) [REYES, Book 2]
is that the learns of
offender the secret Elements of Robbery in General [PTI-ViFo]:
learns of by reason 1. There is a Personal property belonging to
the secret of her or his another;
by reason employmen 2. There is unlawful Taking of that property;
of his office t. 3. The taking must be with Intent to gain; and
As to Revelation of Secrets 4. There is:
Secrets need Secrets must be revealed a. Violence against or intimidation of any
not be person; or
b. Force used upon things
revealed.
1. There is a Personal property belonging
c. Article 292 - Revelation of to another;
Industrial Secrets
Rules:
Elements: a. Property taken must be personal – if real
1. Offender is a person in charge, employee or property/right is the one usurped, the crime
workman of a manufacturing or industrial is usurpation under Art. 312. [REYES, Book
Establishment; 2].

Page 224 of 277

U.P. BOC CRIMINAL LAW II
b. Prohibitive articles may be the subject of
a Robbery - example: Opium [U.S. v. Sana
Lim, G.R. No. 9604, (1914)]
c. Person from whom the personal
property taken need not be the owner -
possession of the property is sufficient.
[REYES, Book 2]
d. Co-owner or Partner cannot commit
Robbery – following the rule that property
stolen must belong to another; a co-owner
or partner cannot commit robbery with
regard to the co-ownership or partnership
property. [id.]
2. There is unlawful Taking of that
property;
Taking - Depriving the offended party of
ownership of the thing taken with the character
of permanency [Bernal vs. CA, G.R. No. L-
32798, (1988)]
Unlawful taking is complete:
a. As to Robbery with Violence against or
Intimidation of Persons – From the
moment the offender gains possession of
the thing, even if the culprit had no
opportunity to dispose the same.
b. As to Robbery with Force Upon Things –
The thing must be taken out of the building
to consummate the crime [id.]
When Crime is Estafa and not Robbery
If the thing is lawfully seized and the idea of
misappropriating it is conceived only after it
came into their possession, the crime
committed would be estafa. [U.S. vs. Sana Lim,
supra]
3. The taking must be with Intent to gain;
and
Intent to Gain is Presumed
Intent to gain is presumed from the unlawful
taking of personal property belonging to
another, unless taken with the belief that it was
his own. REYES, Book 2]
Page 225 of 277
CRIMINAL LAW
Elements of “Personal Property belonging
to Another” and “Intent to Gain” must
concur:
a. If the accused, with intent to gain, took from
another, personal property which turned out
to be his own property, the property not
belonging to another, he cannot be held
liable for robbery;
b. If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party,
there being no intent to gain, he cannot be
held liable for robbery. [id.]
4. There is:
a. Violence against or intimidation of any
person; or
b. Force used upon things.
General Rule: Violence or intimidation must be
present before the taking of personal property
is complete.
Exception: When violence results in:
a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries
penalized in paragraphs 1 and 2 of Art. 263;
Taking of personal property is robbery
complexed with any of those crimes under Art.
294, even if the taking was already complete
when the violence was used by the offender.
Violence must be Against the Person
Offended
The violence must be against the person of the
offended party, not upon the thing taken.
[REYES, Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Violence Against or Intimidation of Persons against or intimidation of persons, even if the

vs. Force Upon Things robbery was committed after the offender had
Violence Against entered the same through a window, or after
or Intimidation of Force Upon Things breaking its door or wall. [REYES, Book 2]
Persons
As to Effect SECTION 1. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
Whenever violence There is robbery
against or only if force is used
intimidation of any to: [EBF]
b. Article 294 – Robbery with
person is used, the 1. Enter the Violence or Intimidation of
taking of personal building; Persons
property belonging 2. Break doors,
wardrobes, Punishable Acts: [HRIP-UNoV]
to another is always
chests, or any 1. When by reason or on occasion of the
robbery
other kind of robbery, the crime of Homicide is
locked or sealed committed;
furniture or 2. When the robbery is accompanied by Rape
receptacle inside or intentional mutilation or arson;
the building; or 3. When by reason or on occasion of such
3. Force them open robbery any of the physical injuries resulting
outside after in Insanity, imbecility, impotency or
taking the same blindness is inflicted;
from the building 4. When by reason or on occasion of robbery,
[Art. 299 & 302, any of the Physical injuries penalized in Art.
RPC] 263(2) [Serious Physical Injuries] is inflicted;
As to Basis of Penalty a. Loss of the use of speech or the power
to hear or to smell, or the loss of an eye,
Penalty depends on: If committed in an
a hand, a foot, an arm or a leg; or
[RIn] inhabited house,
b. Loss of the use of any such member; or
1. Result of the public building, or c. Incapacity for the work in which the
violence used edifice devoted to injured person is theretofore habitually
(e.g., whether religious worship, engaged is inflicted.
homicide, rape or the penalty is based
5. If the violence or intimidation employed in
physical injuries
on: [VA] the commission of the robbery is carried to
were also
1. Value of the thing a degree clearly Unnecessary for its
committed); and
taken; and commission.
2. Existence of
2. Whether 6. When in the course of its execution, the
Intimidation.
offenders carry offender inflicted upon any person Not
Arms responsible for the commission of the
Value of the thing robbery any of the Physical Injuries covered
taken is immaterial. by Art 263(3 & 4) of the RPC; when the
[id.] person injured becomes:
a. Becomes deformed; or
Effect When Both Violence or Intimidation b. Loses any other member of his body; or
and Force Upon Things are Present c. Loses the use thereof; or
When the offender takes personal property d. Becomes ill or incapacitated for the
belonging to another with intent to gain and performance of the work in which he is
employs violence against or intimidation on any habitually engaged for labor for more
person, the crime is robbery with violence than 90 days; or

Page 226 of 277

U.P. BOC CRIMINAL LAW II
e. Becomes ill or incapacitated for labor for
more than 30 days, but not more than 90
days.
7. If the Violence employed by the offender:
a. Does not cause any of the serious
physical injuries defined in Art. 263, or
b. If the offender employs intimidation only.
NOTE: The crime defined in this article is a
special complex crime. [REYES, Book 2]
This article only applies where robbery with
violence against or intimidation of persons
takes place without entering an inhabited
house under the circumstances in Art. 299
(Robbery in an Inhabited House or Public
Building) [Napolis vs. CA, G.R. No. L – 28865,
(1972)]
Special Complex Crimes Under Art. 294:
1. Robbery with Homicide
Homicide - is to be understood in its generic
sense as to include parricide and murder
[REYES, Book 2]
Robbery must be the Main Purpose
A conviction for robbery with homicide requires
certitude that the robbery was the main
purpose and objective of the criminals and that
the killing was merely incidental, resulting
merely by reason or on the occasion of the
robbery. [People vs. Salazar, G.R. No. 99355,
(1997)]
“By reason or on occasion of the robbery”
- means that the homicide or serious physical
injuries must be committed in the course or
because of the robbery. Otherwise, they shall
be separate offenses [REYES, Book 2]
Absorption of Other Felonies Committed
All the felonies committed by reason of or on
the occasion of the robbery (e.g., rape,
intentional mutilation, etc.) are integrated into
one and individisible felony of robbery with
homicide [id.].
Page 227 of 277
CRIMINAL LAW
When Not Complexed
In the following instances, there will be two
separate crimes of homicide or murder and
robbery [id.].:
1. When homicide was not committed by
reason of or on occasion of the robbery
2. When intent to take was merely an
afterthought; such as when the idea of
taking the personal property of another with
intent to gain came to the mind of the
offender after he had killed the victim.
However, homicide may precede robbery
or may occur after the robbery. What is
essential is that there be a direct and
intimate relation/connection between the
robbery and killing, provided that the taking
is not merely an afterthought [REYES,
Book 2]
There is Robbery with Homicide even if:
a. The killing is done to suppress evidence,
as long as the robbery is “the reason” of the
homicide [People vs. Madrid, G.R. No. L-
3023, (1951)]
b. The death of a person supervened by mere
accident [People vs. Mangulabnan, G.R.
No. L-8919, (1956)]
c. The person killed was a bystander and not
the person robbed [People vs. Barut, G.R.
No. 179943, (2009)]
Covers Multiple Killings
The concept of robbery with homicide does not
limit the taking of life to one single victim.
All the homicides or murders are merged in the
composite, integrated whole, so long as all the
killings were perpetrated by reason or on the
occasion of the robbery. [People vs. Madrid,
id.]
All Participants Are Principals
General Rule: All those who took part as
principals in the robbery would also be held
liable as principals of the single and indivisible
felony of robbery with homicide
Exception: When it clearly appears that one or
some of them endeavored to prevent the same.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

[People vs. Hernandez, G.R. No. 139697, Covers Multiple Rapes

(2004)] All rapes are merged in the composite
integrated whole that is robbery with rape and
NOTES: There is no crime of robbery with it does not matter whether the rap occurred
murder. If treachery is present, it shall be before, during or after the robbery [People v.
considered as a generic aggravating Seguis, G.R. No. 135034, (2001)]
circumstance [People vs. Abang, G.R. No. L-
14623, (1960)] NOTE: Additional acts of rape committed on
same occasion of robbery will not increase the
Robbery with Homicide vs. Highway penalty, also they shall neither be considered
Robbery aggravating circumstances [REYES, Book 2]
Robbery with Highway Robbery
Homicide [Art. 294] [PD 532] Rape as an Aggravating Circumstance
As to the Proof Required for Conviction When Rape and Homicide co-exist in the
Conviction for Conviction for commission of Robbery, Rape is considered as
an aggravating circumstance [People vs.
robbery with highway robbery
Ganal, G.R. No. L-1990, (1950)]
homicide merely requires proof that
requires proof that several accused All Participants are Principals
the homicide was were organized for Based on the concept of conspiracy, all
committed by the purpose of robbers may be held liable for robbery with
reason or on the committing it rape even if not all of them committed the crime
occasion of a indiscriminately. of rape [People vs. Balacanao, G.R. No.
robbery 118133, (2003)]
[REYES, Book 2]
3. Robbery with Arson
2. Robbery with Rape In robbery with arson, it is essential that the
Like in robbery with homicide, the offender robbery precedes the arson.
must have the intent to take the personal
property belonging to another with intent to There must be an intent to commit robbery, and
gain, and such intent must precede the rape. no killing, rape or intentional mutilation should
[REYES, Book 2] be committed in the course of the robbery, or
else arson will only be considered as an
NOTE: Even if the rape was committed in aggravating circumstance [BOADO].
another place, it is still robbery with rape [US
vs. Tiongco, G.R. No. L-12270, (1918)] 4. Robbery with Serious Physical Injuries
Any injuries not under Art. 263 or not serious in
Rape may be Committed before taking the nature will fall under a Simple Robbery
Personal Property [REYES, Book 2]
They intention of the culprits from the
beginning was to take personal property. Even In Robbery with Unnecessary Violence and
if the rape was committed before the taking, Intimidation under par. 4, the Violence need not
they are guilty of robbery with rape. [People vs. result in Physical Injuries; all that Art. 294
Canastre, G.R. No. L-2055 (1948)] requires is that the violence be unnecessary for
the commission of the robbery. [Id.]
No Crime of Robbery with Attempted Rape
Art. 294, par. 2, which punishes robbery with 5. Simple Robbery
rape (consummated) does not cover robbery Under Par. 5 or Simple Robbery, this involves
with attempted rape. [REYES, Book 2] slight or less serious physical injuries, which

Page 228 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

are absorbed in the crime of robbery as an performance of an

element thereof [REYES, Book 2] act

NOTE: Violence or intimidation may enter at c. Art. 295 – Robbery with Physical
any time before the owner is finally deprived of
Injuries Committed in an
his property [id.]
Uninhabited Place and by a Band
Threats to Extort Money vs. Robbery or With the Use of a Firearm on a
through Intimidation [REYES, Book 2] Street, Road or Alley
Threats to Extort Robbery Through
Money Intimidation Qualified Robbery with Violence Against or
[Art. 282] [Art. 294] Intimidation of Persons (Art. 294 par. 3, 4
As to the Nature of the Intimidation and 5):
If committed: [U-BAES]
Conditional or future Actual and
1. In an Uninhabited place, or
Immediate
2. By a Band, or
As to How Intimidation is Done 3. By Attacking a moving train, street car,
May be through an Personal motor vehicle, or airship, or
Intermediary 4. By Entering the passengers’ compartments
As to Whom Intimidation is Directed in a train, or in any manner taking the
May refer to the directed only to the passengers thereof by surprise in the
person, honor or person of the victim respective conveyances; or
property of the 5. On a Street, road, highway, or alley, and
offended party or the intimidation is made with the use of
Firearms
that of his family
As to the Culprit’s Gain
NOTE: Above circumstances must be alleged
Gain is not Gain is immediate in the information. Moreover, these 5 qualifying
immediate circumstances cannot be offset by a generic
mitigating circumstance. [REYES, Book 2]
Robbery vs. Bribery
Robbery Bribery Uninhabited place
[Arts. 293 & 294] [Art. 210-211-A] One where there are no houses at all, a place
As to the Manner of Commission at a considerable distance from the town, or
Victim is deprived of Victim voluntarily where the houses are scattered at a great
his personal parts with his money distance from each other. [REYES, Book 1]
property by violence, or property.
Imposable Penalty
intimidation or force
Offender found liable under this article shall be
upon things.
punished by the maximum periods of the
As to Purpose of Deprivation of Property proper penalties in Art. 294. [id.]
Offender simply Money or gift
intends to gain. obtained by the d. Art. 296 – Definition of a Band and
person bribed was Penalty Incurred by the Members
meant as thereof
consideration for the
agreement of Rule: [4-AP]
performance or non- 1. When at least 4 (more than 3) armed
malefactors take part in the commission of

Page 229 of 277

U.P. BOC CRIMINAL LAW II
a robbery, it is deemed committed by a
band.
2. When any of the Arms used in the
commission of robbery is not licensed,
penalty upon all the malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice to the
criminal liability for illegal possession of
such firearms.
3. Any member of a band who was present at
the commission of a robbery by the band,
shall be punished as Principal of any of the
assaults committed by the band, unless it be
shown that he attempted to prevent the
crime.
Requisites for Liability for the Acts of Other
Members: [MPAP]
1. He was a Member of the band.
2. He was Present at the commission of a
robbery by that band.
3. Other members of the band committed an
Assault.
4. He did not attempt to Prevent the assault.
NOTE: Conspiracy is presumed when robbery
is committed by band [REYES, Book 2]
No Crime of “Robbery with Homicide in a
Band”
If the robbery with homicide is committed by a
band, the indictable offense would still be
denominated as "robbery with homicide" under
Art. 294(1), but the circumstance that it was
committed by a band would be appreciated as
an ordinary aggravating circumstance. [id.]
Use of Loose Firearm
The use of a loose firearm, when inherent in
the commission of a crime punishable under
the RPC or other special laws, shall be
considered as an aggravating circumstance.
Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
with a max penalty which is lower than that
prescribed for illegal possession of firearm, the
penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged [Sec. 29, RA 10591]
Page 230 of 277
CRIMINAL LAW
NOTE: Use of an unlicensed firearm by a band
cannot be offset by a generic mitigating
circumstance [REYES, Book 2]
e. Article 297 – Attempted and
Frustrated Robbery Committed
under Circumstances
Elements: [AF-H]
1. There is Attempted or Frustrated robbery
2. A Homicide is committed on the same
occasion
Homicide in its Generic Sense
Homicide under Art. 297 is used in its generic
sense and includes multiple homicides,
murder, parricide, or even infanticide [REYES,
Book 2]
Imposable Penalty:
General Rule: Reclusion temporal in its
maximum period to reclusion perpetua
Exception: If the homicide deserves a higher
penalty. Thus, in an attempted or frustrated
robbery, and the killing of the victim is qualified
by treachery or relationship, the proper penalty
for murder or parricide shall be imposed
because it is more severe. [id]
If Homicide is not Consummated, the
crimes of Robbery and Attempted or
Frustrated Homicide:
1. May be Considered as separate crimes;
2. May be Complexed (Art. 48)
3. May be considered as one crime, one
crime being absorbed by the other
[REYES, Book 2]
Attempted or Frustrated robbery with
Serious Physical Injuries, Art. 48 is
applicable
When the offense committed is attempted or
frustrated robbery with serious physical
injuries, Art. 48 (penalty for complex crimes) is
applicable, since the felony would fall neither
under Art. 294 which covers consummated
robbery with homicide nor under Art. 297 which
covers attempted or frustrated robbery with
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

homicide. [People v. Villanueva, G.R. No. 2. Even if there was No entrance by any of
2676, (1939)] those means, he broke a wardrobe, chest,
or any other kind of locked or closed or
f. Article 298 – Execution of Deeds by sealed furniture or receptacle in the house
Means of Violence or Intimidation or building, or he took it away to be broken
or forced open outside. [REYES, Book 2]
Elements: [IC-VI]
1. Offender has Intent to defraud another; g. Article 299 – Robbery in an
2. Offender Compels him to sign, execute, or Inhabited House/Public Building or
deliver any public instrument or document; Edifice Devoted to Worship
and
3. Compulsion is by means of Violence or Mode 1: Entering Effected Through Force
Intimidation. Elements: [E-E-T]
1. Offender Entered: [EBR]
NOTE: a. An inhabited House; or
● "Public" describes the word "instrument" b. Public Building
only. Hence, this article applies even if the c. Edifice devoted to Religious worship
document signed, executed or delivered is 2. Entrance was effected by any of the
a private or commercial document. following means: [OBFN]
[REYES, Book 2] a. Through an Opening not intended for
● Art 298 is not applicable if the document is entrance or egress;
void [Id.] b. By Breaking any wall, roof, or floor, or
door or window;
Execution of Deeds by Means of Violence or c. By using False keys, picklocks or similar
Intimidation vs. Grave Coercion tools; or
Execution of Grave Coercion d. By using any fictitious Name or
Deeds by Means of [Art. 286] pretending the exercise of public
Violence or authority.
Intimidation [Art. 3. Once inside the building, offender Took
298] personal property belonging to another with
As to the Manner of Commission intent to gain.
Violence is used in Violence is used in
Imposable Penalty
compelling the compelling the
Penalty depends on the value of property taken
offended party to offended party to and on whether or not offender carries arm.
sign or deliver the sign or deliver the [REYES, Book 2 citing Art. 299, RPC]
document, with document, without
intent to defraud intent to defraud Inhabited House vs. Public Building
[REYES, Book 2] [REYES, Book 2]
Inhabited House Public Building
SECTION 2. ROBBERY BY THE USE OF Any shelter, ship or Every building owned
FORCE UPON THINGS vessel constituting the by the Government or
dwelling of one or belonging to a private
Robbery by the use of force upon things is more persons even person but used or
committed only when either: [299-302-N] though the inhabitants rented by the
1. Offender entered a house or building by any thereof are temporarily Government, although
of the means specified in Art. 299 or Art. absent therefrom temporarily
302; or when the robbery is unoccupied by the
committed. same.

Page 231 of 277

U.P. BOC CRIMINAL LAW II
Rules:
1. Offender must "enter the house or
building in which the robbery is
committed." The whole body must enter
the building or house. Thus, if the offender
merely inserted his hand through an
opening in the wall or used a pole through
the window to get the clothes inside the
room, while the offender remained outside
the house or building, the crime committed
is theft, not robbery. [REYES, Book 2]
2. There must be intention to take
personal property. If there is no evidence
to show that the intention of the accused
was to commit robbery upon entering the
building. The crime committed is attempted
trespass to dwelling under Art. 280 (2),
RPC [People v. Tayag, G.R. L-40512,
(1934)]
3. Means enumerated must be used to
enter the house. It does not refer to the
method used to exit [REYES, Book 2], nor
to open a trunk in the house [U.S. vs.
Macamay, G.R. No. 11952, (1917)].
False Keys
The genuine key must be stolen, not taken by
force or with intimidation, from the owner.
Otherwise, the crime would be robbery with
intimidation of persons. [REYES, Book 2]
Picklocks
Picklocks or similar tools are those specially
adopted to the commission of the crime of
robbery. [Art. 304, RPC]
Use of Fictitious Names or Pretending to
Exercise Authority Must be the Efficient
Cause
Using fictitious names or pretending to
exercise of public authority must be the
efficient cause of the opening by the offended
party [REYES, Book 2]
Mode 2: Acquisition of Property through
Force
Elements: [I-GBT]
1. Offender is Inside a dwelling house, public
building, or edifice devoted to religious
Page 232 of 277
CRIMINAL LAW
worship, regardless of the circumstances
under which he entered it.
2. Offender takes personal property belonging
to another, with intent to Gain, under any of
the following circumstances:
a. Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed
furniture or receptacle; or
b. Taking such furniture or objects away to
be broken or forced open outside the
place of the robbery.
NOTES:
1. Entrance into the building by any of the
means mentioned in 299 (a) is not required
in robbery under 299 (b). [REYES, Book 2]
2. "Door" refers only to "doors, lids, or
opening sheets" of furniture or other
portable receptacles — not to inside doors
of a house or building. [id.]
There is No Robbery in the following cases:
1. When the use of false keys was to open a
wardrobe from which the offender took
personal property; Art. 299(b) requires that
the same be broken, not merely opened
[Id.].
2. When a person opens by force a certain
locked or sealed receptacle which has
been confided into his custody and takes
the money contained therein, is guilty of
estafa and not robbery [id.]
h. Article 300 – Robbery in an
Uninhabited Place and by a Band
Elements: [RBU]
1. Robbery in an inhabited house, public
building or edifice devoted to religious
worship
2. Committed by a Band; and
3. In an Uninhabited place.
NOTE: Qualified robbery with violence or
intimidation of persons (Art. 295) is committed
in an uninhabited place OR a band.
U.P. BOC CRIMINAL LAW II
i. Article 301 – What is an Inhabited
House, Public Building or Building
Dedicated to Religious Worship
and Their Dependencies
Inhabited House vs. Public Building
[SEE: Art. 299]
Dependencies
All interior courts, corrals, warehouses,
granaries or inclosed places contiguous to the
building or edifice, having an interior entrance
connected therewith, and which form part of
the whole. [Art. 301(2), RPC]: [CIP]
1. Contiguous to the building;
2. Must have an Interior entrance connected
therewith;
3. form Part of the whole. [REYES, Book 2]
NOTE: Orchards and other lands used for
cultivation or production are not included in the
terms of the next preceding paragraph, even if
closed, contiguous to the building and having
direct connection therewith. [Art 301 (3), RPC]
j. Article 302 – Robbery in an
Uninhabited Place or in a Private
Building
Elements: [U-OBFaSeR-G]
4. Offender Entered an Uninhabited place or
a building which was not a dwelling house,
public building, nor edifice devoted to
religious worship.
5. That any of the following circumstances
was present:
a. Entrance was effected through an
Opening not intended for entrance or
egress; or
b. A wall, roof, floor, or outside door or
window was Broken; or
c. Entrance was effected through the use
of False keys, picklocks or other similar
tools; or
d. A door, wardrobe, chest, or any Sealed
or closed furniture or receptacle was
broken; or
Page 233 of 277
CRIMINAL LAW
e. A closed or sealed receptacle was
Removed, even if the same be broken
open elsewhere.
6. That with intent to Gain, the offender took
therefrom personal property belonging to
another.
NOTES:
● The "uninhabited place" mentioned in Art.
302 is a building, because paragraphs Nos.
1 and 3 speak of "entrance," which
necessarily refers to a building. [REYES,
Book 2]
● Breaking padlock is use of force upon
things. [id.]
Building
Includes any kind of structure used for storage
or safekeeping of personal property, ex. freight
car and warehouse. [U.S. vs. Magsino, G.R.
No. 1339, (1903)]
Use of Fictitious Name or Pretense of
Authority
The use of fictitious name or pretending the
exercise of public authority is not a means of
entering the building under this article, because
the place is uninhabited and no person could
be deceived thereby. [id.]
Furniture or receptacle here is "sealed or
closed."
The furniture or receptacle here is "sealed or
closed."as opposed to Art. 299, it is either
"locked or sealed." [id.]
When a person who had entered a warehouse,
opened without breaking, a closed but not
locked chest and took therefrom personal
property would be liable for theft [id.]
U.P. BOC CRIMINAL LAW II
k. Article 303 – Robbery of Cereals,
Fruits, or Firewood in an
Uninhabited Place or Private
Building
Imposable Penalty
In cases enumerated in Arts. 299 and 302, the
penalty is 1 degree lower when robbery
consists in the taking of cereals, fruits, or
firewood. [REYES, Book 2]
Cereals
Seedlings which are the immediate product of
the soil. The palay must be kept by the owner
as “seedling” or taken for that purpose by the
robbers. [id.]
l. Article 304 – Possession of
Picklocks or Similar Tools
Elements: [PRN]
1. Offender possesses Picklocks or similar
tools;
2. Such picklock or similar tools are especially
adopted to the commission of Robbery;
and
3. Offender does Not have a lawful cause for
such possession.
Qualifying Circumstance:
If the person who makes such tools is a
locksmith, the penalty is higher.
m. Article 305 – False Keys
False Keys include: [304-GO]
1. Tools mentioned in Art. 304 (picklocks or
other similar tools)
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.
Lost or Misplaced
A lost or misplaced key found by another and
not returned to its rightful owner is considered
as a false key stolen from the owner [Regalado]
Page 234 of 277
CRIMINAL LAW
2. Chapter II: Brigandage
PD 532: Anti-Piracy and Anti-Highway
Robbery Law of 1974
Highway Robbery/Brigandage
The seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away
of the property of another by means of violence
against or intimidation of person or force upon
things of other unlawful means, committed by
any person on any Philippine Highway. [Sec.
2(e), PD 532]
Philippine Highway
Refers to any road, street, passage, highway
and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons,
or vehicles, or locomotives or trains for the
movement or circulation of persons or
transportation of goods, articles, or property or
both. [Sec. 2(c), PD 532]
Elements: [HIC]
1. Robbery takes place along a Philippine
Highway;
2. Act of Robbery must be Indiscriminate, it
should not be an isolated case; and
3. Victim was not predetermined. [Abay, Jr. V.
People. G.R. No. 165896, (2008)]
NOTE: The robbery must be directed not only
against specific, intended or perceived victims,
but against any and all prospective victims [id.]
Evidence
It is highway robbery only when it can be
proven that the malefactors primarily organized
themselves for the purpose of committing that
crime. [Ibañez vs. People, G.R. No. 204990,
(2017)]
Person Considered as an Accomplice [Sec.
4, id.]:
Any person who knowingly and in any manner:
1. Aids or Protects pirates or highway
robbers/brigands, such as:
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Giving them information about the Philippine 2. Kidnap to necessarily

movement of police or other peace highways. extort or in highways.
officers of the government, or get
b. Acquires or receives property taken by ransom
such pirates or brigands; or 3. Attain
c. In any manner derives any benefit any other
therefrom; and purpose
2. Any person who directly or indirectly Abets by force
the commission of piracy or highway or
robbery or brigandage violence
As to the Number of Robberies
NOTE: It shall be presumed that any person Committed
who does any of the acts provided in this Indiscriminat To commit To commit a
Section has performed knowingly, unless the e, not several particular
contrary is proven. isolated. robberies robbery.
As to the Formation of Band
a. Article 306 – Brigandage
Offenders
Elements: [4B-RKV] need not
1. There be at least 4 armed persons constitute a
Offenders must be in a
2. They formed a Band of robbers band; a
band
3. Purpose of formation is to: single
(i.e. at least 4)
a. Commit Robbery in the highway; or offender may
b. Kidnap for the purpose of extortion or to commit the
obtain ransom; or crime.
c. Attain by means of force and Violence As to the Conspiracy among the
any other purpose. Members
Mere Mere Mere
NOTE: If any of the arms carried by the
conspiracy to formation of conspiracy
offenders is an unlicensed firearm, all are
constitute is a band for to commit
presumed highway robbers or brigands
[REYES, Book 2] not any purpose robbery is
punishable. indicated in not
Art. 306 is punishable.
Arms punishable
The arms carried by the members of the band As to the Victim
of robbers may be any deadly weapon. Thus, Victim is Not Victim is Preconceived.
Brigandage may be committed without the use Preconceive
of a firearm. [REYES, Book 2] d.
[REYES, Book 2]
Highway Robbery vs. Brigandage
Highway Robbery in
Brigandage b. Article 307 – Aiding and Abetting a
Robbery a Band
[Art. 306] Band of Brigands
[PD 532] [Art. 296]
As to Purpose
Elements: [BK-AIA]
Indiscriminat 1. Commit To Commit 1. There is a Band of brigands;
ely robbery in robbery, but 2. Offender Knows the band to be of brigands;
commit a not and
robbery in highway 3. Offender does any of the following acts:

Page 235 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. In any manner Aids, abets or protects 3. Hunt or fish upon the same
such band of brigands; or or gather fruits, cereals or
b. Gives them Information of the other forest or farm
movements of the police or other peace products.
officers; or
c. Acquires or receives the property taken NOTE: Fishing should not be in
by such brigands. the fishpond within the field or
estate, otherwise it is Qualified
NOTE: It is presumed that the person
Theft. [Reyes, Book Two]
performing any of the acts provided in Art. 307
[REYES, Book 2]
has performed them knowingly, unless the
contrary is proven. [Art. 307, RPC]
Theft vs. Robbery
Theft Robbery
3. Chapter III: Theft [Art. 306] [Arts. 293-294]
Presence of Violence
a. Article 308 – Who are Liable for Offender does not There is violence or
Theft use violence or intimidation or Force
intimidation of upon things
Summary of Modes of Commission Under
persons or force
Art. 308:
upon things
MODE Elements
[REYES, Book 2]
1. Offender takes the take
Personal property of
Mode 1: Taking of Personal Property of
another without the latter’s
Another Without Violence or Intimidation of
consent;
Mode 1 2. Taking was with Intent to Persons or Force upon Things
[PIW] gain; and
“Without consent”
3. Taking was Without
Consent contemplated in this element of theft
violence against or
refers to consent freely given and not to one
intimidation of persons nor
force upon things. which may only be inferred from mere lack of
opposition [REYES, Book 2]
1. Offender found Lost
property; and
Mode 2 When Consummated
2. Fails to deliver the same to
[LF] Theft is complete from the moment the
the local authorities or to its
owner. offender had full possession of the thing, even
if he did not have an opportunity to dispose of
1. Offender maliciously
the same. [People v. Sevilla, G.R. No. 86163,
Damaged the property of
(1990)]. Accordingly, there is no crime of
Mode 3 another; and
frustrated theft.
[DR] 2. Removes or makes use of
the fruits or object of the
Objects Considered Personal Property:
damage caused by them.
1. Electricity and Gas [US vs. Carlos, G.R.
1. Offender entered an
No. 6295, (1911)]
Enclosed estate or a field
2. Promissory Notes and checks [People vs.
without the consent of its
Mode 4 Koc Song, G.R. No. L-45043, (1936)]
owner; 3. Telecommunication or Telephone Service
[EFAH]
2. Trespass is Forbidden or
[Laurel v. Abrogar, G.R. No. 155076,
the enclosed estate or field
(2009)]
belongs to Another; and

Page 236 of 277

U.P. BOC CRIMINAL LAW II
4. Water [RA 8041/National Water Crisis Act]
Joyride constitutes intent to gain.
A joyride in an automobile taken without the
consent of its owner constitutes "taking with
intent to gain" [People vs. Bustinera, G.R. No.,
148233, (2004)]
No Theft in Sale of Partner or of Co-owned
Property
Unlawful disposition of the share belonging to
a partner or a joint owner may be a violation of
a contract and a trespass upon the rights of
another, but it is not an act constituting the
crime of theft. [U.S. vs. Reyes, G.R. No. 2867,
(1906)]
Rationale: Before the dissolution of the
partnership or the division of the property held
in common, no part of the property of the
partnership or the property held in common
truly belongs to a partner or co-owner.
[REYES, Book 2]
Mode 2: Failure to Return Lost Property
The law does not require knowledge of the
owner of the lost property. [REYES, Book 2]
"Lost property" embraces loss by stealing.
A finder who fails deliberately to return the thing
lost may be considered more blameworthy if
the loss was by stealing than through some
other means. [People v. Rodrigo, G.R. No. L-
18507]
NOTE: Art. 308 (1) is not limited to actual
finder. [US v. Santiago, G.R. No. L-9375,
(1914)]. It may include a policeman to whom it
is entrusted or misappropriated the same
[People v. Avila, G.R. No. L-19786, (1923)]
It is Necessary to Prove:
1. The Time of the seizure of the thing;
2. That it was a lost property Belonging to
another; and
3. That the accused had the Opportunity to
return or deliver the lost property to its
owner or to the local authorities but
refrained from doing so. [id]
Page 237 of 277
CRIMINAL LAW
b. Article 309 – Penalties
The basis of the penalty in theft is: [SPC]
1. Value of the thing Stolen, or
2. Value and nature of the Property taken, or
3. Circumstances that impelled the culprit to
commit the crime. [REYES, Book 2]
c. Article 310 – Qualified Theft
Theft is qualified if: [DoG-MoMCaCoF-Ca]
1. Committed by a Domestic servant; or
2. Committed with Grave abuse of confidence;
or
3. If the property stolen consists of:
a. Motor vehicle
b. Mail matter
c. Large Cattle
d. Coconuts taken from the premises of a
plantation; or
e. Fish taken from a fishpond or fishery; or
4. Property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other Calamity, vehicular accident or
civil disturbance.
NOTE: Penalties for qualified theft are 2
degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
Abuse of Confidence must be Grave.
There must be an allegation that by reason of
dependence, guardianship or vigilance,
between the accused and the offended party,
that has created a high degree of confidence
between them, which the accused abused.
[People vs. Koc Song, id.]
NOTE: Theft by a housemate is not always
qualified. Living together under the same roof
engenders some confidence, but it is not
necessarily grave. [id.]
Coconuts and Fish
When the coconuts or fish are stolen in any
other place (aside from the plantation or
fishpond), it is simple theft. [id.]
U.P. BOC CRIMINAL LAW II
Receipt and Misappropriation of Teller
Bank Teller who received the money and
appropriated the same for personal gain
committed theft and not estafa because the
teller has no juridical possession, only material,
the theft is qualified due to the confidence
reposed on the teller. [Roque vs. People, G.R.
No. 138954, (2004)]
Timber Smuggling or Illegal Cutting of Logs
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 forests,
whether under license or lease, or from any
privately owned forest lands in violation of
existing laws, rules and regulation shall be
guilty of the crime of qualified theft [Sec. 1, PD
330]
Anti-Cattle Rustling Law of 1974 [PD 533]
NOTE: the nature of the penalty imposed by
the law is based on the RPC, thus PD 533 is
deemed an amendment of the RPC [People vs.
Macatanda, G.R. No. L-51368, (1981)]
Elements: [TC]
1. Taking away by any means, method or
scheme; and
2. Of any Large Cattle, without the Consent of
the owner/raiser [Sec. 2(c), PD 533]
NOTES:
a. It is immaterial whether or not for profit or
gain, or whether committed with or without
violence against or intimidation of any
person or force upon things. [Sec. 2(a), id.]
b. It includes the killing of large cattle or taking
its meat or hide without the consent of the
owner/raiser. [Sec. 2(a), id.]
Large Cattle
Includes the cow, carabao, horse, mule, ass, or
other domesticated member of the bovine
family. [Sec. 2(a), id.]
Page 238 of 277
CRIMINAL LAW
Presumption of Cattle Rustling.
Failure to exhibit the required documents shall
be prima facie evidence that the large cattle in
his possession, control or custody are the fruits
of the crime of cattle rustling. [Sec. 7, id.]
“Highgrading” or Theft of Gold [PD 581]
Prohibited Acts: [TRET]
Any person who, without the consent of the
operator of the mining claim:
1. Take gold-bearing ores or rocks from a
mining claim or mining camp;
2. Remove, collect or gather gold-bearing ores
or rocks in place;
3. Extract or remove the gold from such ores
or rocks; or
4. Prepare and Treat such ores or rocks to
recover or extract the gold contents thereof.
[Sec. 1, PD 581]
Presumption
The 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, id.]
d. Article 311 – Theft of Property of
the National Library and National
Museum
This provision penalizes property stolen from
the National Library or National Museum.
Imposable Penalty
General Rule: Penalty is fixed without regard
to the value of the property of the National
Library or National Museum. [REYES, Book 2]
Exception: 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 other provisions of this Code." [id.]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

4. Chapter IV: Usurpation Theft/Robbery vs. Occupation of Real

Property or Usurpation of Real Rights in
Property Art. 312 [REYES, Book 2]
a. Article 312 – Occupation of Real Occupation or
Property or Usurpation of Real Theft/Robbery
Usurpation
Rights in Property [Art. 308/Art. 293]
[Art. 312]
As to the Intent to Gain
Punished Acts: [PU]
1. Taking Possession of any real property There is intent to Gain
belonging to another by means of violence As to the Property Involved
against or intimidation of persons; or Personal Property Real property or real
2. Usurping any real rights in property right
belonging to another by means of violence As to the Act Involved
against or intimidation of persons. [REYES, Taking Occupation or
Book 2] Usurpation

Elements: [PB-VI]
1. Offender takes Possession of any real
property or usurps any real rights in property
2. Real property or real rights Belong to
another
3. Violence against or intimidation of persons
is used by the offender in occupying real
property or usurping real rights in property;
and
4. There is Intent to gain.
b. Article 313 – Altering Boundaries
or Landmarks
Elements: [BA]
1. There are Boundary marks or monuments
of towns, provinces, or estates, or any other
marks intended to designate the boundaries
of the same; and
2. Offender Alters said boundary marks.

Rules on Violence or Intimidation NOTE: Intent to gain is not necessary [REYES,

1. Violence or intimidation must be the Book 2]
means used in occupying real property.
Art. 312 does not apply when the violence Alter
or intimidation took place subsequent to the Any alteration of boundary marks is enough to
entry into the property. [REYES, Book 2] constitute the material element of the crime.
2. If there is no violence or intimidation:
There is only civil liability. [id.] Destruction of a stone monument or taking it to
another place, or removing a fence, is altering.
Imposable Penalty [id.]
General Rule: Art. 312 does not provide the
penalty of imprisonment for the crime of 5. Chapter V: Culpable
occupation of real property or usurpation of real Insolvency
rights in property, the penalty is only fine.
[REYES, Book 2]
a. Article 314 – Fraudulent
Exception: The offender who may have Insolvency
inflicted physical injuries in executing acts of
violence shall suffer the penalty for physical Elements: [D-DAP]
injuries also. [id.] 1. Offender is a Debtor;
2. His obligations are Due and payable.
3. He Absconds with his property.
4. It is with Prejudice to his creditors.

Page 239 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Damage or prejudice capable of pecuniary

NOTE: Actual prejudice, not intention alone, is estimation is caused to the offended party
required. [REYES, Book 2] or third person.

Real Property May be Involved Damage or prejudice may consist of: [MPP]
"Abscond" does not require that the debtor 1. Offended party being deprived of his Money
should depart and physically conceal his or property as a result of defraudation;
property. Hence, real property could be the 2. Disturbance in Property rights; or
subject matter of fraudulent insolvency. 3. Temporary Prejudice [REYES, Book 2]
[People vs. Chong Chuy Limgobo, G.R. 20995,
(1923)] Ways of Committing Estafa: [U-FF-M]
Mode Sub-modes
Prejudice to the Creditors 1. With Unfaithfulness
Contemplates the transfer of disposing of the [Art. 315 (1)(a)]
Mode 1:
offender’s property to keep it out of reach of his 2. With Abuse of
creditors resulting in the non-enforcement of a With
Unfaithfulness Confidence [Art.
writ of execution [Dee v. People, G.R. No. 315(1)(b)]
136785, (2000)] or Abuse of
3. By taking undue
Confidence
advantage of the
Fraudulent Insolvency vs. Insolvency Law [UCS] Signature in blank
Fraudulent Insolvency Law [Art. 315(1)(c)]
Insolvency [Act. No. 1956] 1. Using fictitious Name
[Art. 314] or false pretenses
As to the Requirement of Insolvency and other similar
Proceedings deceits [Art.
No need for Crime should be 315(2)(a)];
Insolvency committed after the 2. By Altering the
Proceedings. institution of quality, fineness or
weight of anything
insolvency
pertaining to his art or
NOTE: Offender proceedings
business [Art.
need not be Mode 2: 315(2)(b)]
adjudged bankrupt By Means of 3. By pretending to
or insolvent. False have Bribed any
[REYES, Book 2] Pretense or government
Imposable Penalty Fraudulent employee [Art.
Higher penalty is imposed if the offender is a Acts 315(2)(c)]
merchant. [NAB-CF] 4. By post-dating a
Check with no funds
6. Chapter VI: Swindling and or is not sufficient to
cover the amount of
Other Deceits
the check. [Art.
315(2)(d)]
a. Article 315 – Swindling or Estafa 5. By obtaining Food,
refreshment or
Elements of Etafa in general: [DCDD] accommodation with
1. Accused Defrauded another: intent to defraud [Art.
a. by abuse of Confidence, or 315(2)(e)]
b. by means of Deceit; and Mode 3: 1. By inducing another

Page 240 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

By Fraudulent to Sign any document

Means [Art. 315 (3)(a)]; b. Estafa with Abuse of Confidence [Art.
[SGD] 2. By resorting to some 315(1)(b)]
fraudulent practice to
insure success in Elements: [RMPD]
Gambling [Art. 1. Money, goods, or other personal property
315(3)(b)] was Received by the offender: [TCAO]
3. By Removing, a. In Trust, or
concealing or b. On Commission, or
destroying c. For Administration; or
Documents [Art. 315 d. Under any Other obligation involving the
(3)(c)] duty to make delivery of, or to return the
same;
NOTE: The three modes of committing estafa 2. That there be: [MConD]
may be reduced to two only--subdivision No. 1 a. Misappropriation; or
as estafa with abuse of confidence, and the 2nd b. Conversion of such money or property
and 3rd forms as estafa by means of deceit. by the offender; or
[REYES, Book 2] c. Denial on his part of such receipt;
3. Such misappropriation or conversion or
1. Estafa with Unfaithfulness or Abuse of denial is to the Prejudice of another; and
Confidence [Art. 315(a)] 4. There is a Demand made by the offended
party.
a. Estafa with Unfaithfulness [Art 315(a)(1)]
NOTES:
Elements: [OnAD] a. Other obligations involving the duty to
1. Offender has an Onerous obligation to make delivery of, or to return the same -
deliver something of value; includes quasi-contracts and certain
2. He Alters its substance, quantity, or quality; contracts of bailment ex. Commodatum.
and [US vs. Yap Jong, G.R. No. 10675, (1916)]
3. Damage or prejudice is caused to another. b. 4th element – not necessary when there is
evidence of misappropriation of the goods
Rules: by the defendant. [Tubb vs. People, G.R.
1. There must be an existing obligation to No. L-9811, (1957)]
deliver something of value, and the c. Deceit - not an essential requisite of estafa
offender in making the delivery has altered with abuse of confidence. [REYES, Book 2]
the following of the thing delivered [REYES,
Book 2]: Rationale: Thing to be delivered or returned
a. Substance; or must be the very object received [US vs.
b. Quantity; or Figueroa, G.R. No. L-6748, (1912)]
c. Quantity; and
2. There must be an agreement as to Misappropriation vs. Conversion [REYES,
quality – When there is no agreement as to Book 2]
the quality of the thing to be delivered, the Misappropriate Conversion
delivery of the thing not acceptable to the Act of taking Act of using or
complainant is not estafa. [id.] something for one’s disposing of
own benefit another's property
Illegal Consideration as if it were one's
Estafa is committed even though such
own or devoting it to
obligation be based on an immoral or illegal
a purpose or use
consideration. [REYES, Book 2]

Page 241 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

different from that purpose or for a short period and merely

agreed upon. the effect of such relationship as master
and servant, employer and employee, or
master and domestic, the juridical or
Juridical Possession vs. Material constructive possession remains in the
Possession owner. Hence, the servant, domestic, or
Juridical Material employee cannot be guilty of estafa
Possession Possession [People vs. Marcelino Nicolas, 58 O.G.
Possession which Actual Possession 472, cited in REYES, Book 2].
gives the transferee of Personal
a right over the thing Property, where the "To the prejudice of another"
which the transferee possessor cannot Contemplates prejudice not necessarily of the
may set up even claim a better right owner of the property. [People v. Yu Chai Ho,
against the owner to such property G.R. No. L-29278, (1928)]
than its owner.
Demand Not Required but Necessary
[REYES, Book 2]
Demand is not required by law but it is
necessary, because failure to account, upon
In Estafa: Offender must have acquired both
demand, is circumstantial evidence of
material or physical possession and juridical
misappropriation. [REYES, Book 2]
possession of the thing received [REYES,
Book 2].
Liability of Co-Owners
General Rule: Co-owner is not liable for estafa
Nature of [id.]
Possessio Exception: If, after the termination of the co-
Crime
n of Act ownership, he misappropriates the thing which
Committed
Personal has become the exclusive property of the
Property other. [id.]
Material Misappropriati
Theft No Estafa through Negligence.
on
Material Article 315 in penalizing estafa by
Misappropriati misappropriation or conversion, does not
and Estafa
on punish estafa through negligence [REYES,
Juridical
Book 2]
Ownership No crime,
Misappropriati
(Material + only Civil Effect of Novation of Contract
on
Juridical) liability General Rule: Criminal liability for estafa
[id] already committed is not affected by
compromise or novation of contract, for it is a
NOTE: There is no estafa when the money or public offense which must be prosecuted and
other personal property received by the punished by the state at its own volition. [id.]
accused is not to be used for a particular
purpose or to beeturned. [id.] Exception: If the novation occurs before the
criminal liability has incurred [id.]
No Estafa in the Following Cases:
1. Momentary use of the funds without intent NOTE: Reimbursement or restitution of money
to defraud [US vs. Sevillia, G.R. No. 18056, or property swindled does not extinguish
(1922)] criminal liability [Sajot vs. CA, G.R. No.
2. Where the custody of personal property is 109721, (1999)]
only precarious and for a temporary

Page 242 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Theft vs. Estafa with Abuse of Confidence Misappropriating, Appropriating, taking

Theft/Robbery Estafa with Abuse converting or or misappropriating,
[Art. 308] of Confidence denying having consenting or
[Art. 315(1)] received money, permitting any other
As to the Acquisition of Property goods or other person to take the
Offender takes the Offender receives personal property; public funds or
thing without the the thing from the property.
owner’s consent offended party with [id.]
the obligation to
deliver or return the c. Estafa by Taking Undue Advantage of the
same. Signature in Blank [Art. 315(1)(c)]
As to the Nature of Possession
Elements: [B-DeW-D]
Material and Juridical possession
1. There is a Blank paper with the signature of
Physical Possession
the offended party;
only
2. Offended party should have Delivered it to
[REYES, Book 2] the offender;
3. Document is Written by the offender, above
Estafa with Abuse of Confidence vs. the signature of the offended party, without
Malversation authority to do so; and
Estafa with Abuse Malversation 4. Document so written creates a liability of, or
of Confidence [Art. 217] causes Damage to, the offended party or
[Art. 315(1)] any third person.
As to the Receipt of Property
Offender is entrusted with funds or property 2. Estafa by Means of Deceit [Art. 315(2)]
As to the Nature of the Offense
Elements: [FaPReID]
Continuing offenses
1. There must be a False pretense, fraudulent
As to the Nature of Funds/Property
act or fraudulent means;
Usually Public 2. Such false pretense, fraudulent act or
fraudulent means must be made or
Exception: Property executed Prior to or simultaneously with the
Private attached by public commission of the fraud.
authority even if 3. Offended party Relied on the false pretense,
private [Art. 222, fraudulent act, or fraudulent means and by
RPC] reason thereof, was Induced to part with his
As to the Offender money or property.
Private individual or Public officer 4. As a result, the offended party suffered
Damage.
public officer not accountable for
accountable for public
NOTE: There is no deceit if the complainant
public funds or funds or property. was aware of the fictitious nature of the
property pretense. [People vs. Paredes, G.R. No. L-
As to Commission through Negligence 19192, (1923)]
No estafa through Can be committed
negligence through
abandonment or
negligence
As to Manner of Commission

Page 243 of 277

U.P. BOC CRIMINAL LAW II
a. Estafa by Using a Fictitious Name, False
Pretenses and Other Deceits [Art. 315(2)(a)]
Ways of Committing Estafa: [NPO]
1. By using fictitious Name;
2. By falsely Pretending to possess: [QPI-
PAC-BI]
a. Qualifications,
b. Power,
c. Influence,
d. Property,
e. Agency,
f. Credit,
g. Credit,
h. Business or
i. Imaginary transactions; or
3. By means of Other similar deceits. [REYES,
Book 2]
NOTE: Element of deceit is indispensable,
consisting in the false statement or fraudulent
representation was made prior to, or
simultaneously with the delivery of the thing. It
being essential that such false statement or
fraudulent representation constitutes the very
cause or the only motive which induces the
complainant to part with the thing. [id.]
Use of Fictitious Name
There is use of fictitious name when a person
uses a name other than his real name. [People
vs. Yusay, G.R. No. L-26957, (1927)]
The pretense must be false
There must be evidence that the pretense of
the accused that he possesses power,
influence, etc., is false. [REYES, Book 2]
b. Estafa by Altering the Quality, Fineness
or Weight of anything pertaining to his art
or business [Art. 315(2)(b)]
c. Estafa by Pretending to have bribed any
Government Employee [Art. 315(2)(b)]
NOTES:
a. Offender may still be liable for
defamation which the government
employee allegedly bribed may deem
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CRIMINAL LAW
proper to bring against the offender.
[REYES, Book 2]
b. If the crime is consummated - crime is
corruption of public officer. [id.]
3. Estafa by Means of Fraudulent Acts
The acts must be fraudulent; characterized by,
or founded on, deceit, trick or cheat. [REYES,
Book 2.]
a. Estafa by Postdating a Check or Issuing
a Check in Payment of an Obligation
Elements: [OF]
1. Offender postdated a check, or issued a
check in payment of an Obligation; and
2. 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.
Check issued must be Genuine
If the check is falsified and the same is cashed
with the bank, or exchanged for cash, the crime
committed is estafa through falsification of a
commercial document. [REYES, Book 2]
Must be the Efficient Cause
To constitute estafa, the post-dating or
issuance of the check should be the efficient
cause of the defraudation. As such, it should be
given either prior to, or simultaneously with, the
act of fraud. [People vs. Reyes, G.R. No.
154159, (2005)]
NOTE: The check should not be postdated or
issued in payment of pre-existing obligation.
[id.]
Prima Facie Evidence of Deceit
There is prima facie evidence of deceit when
the drawer fails to pay 3 days after receiving
notice of dishonor [Art. 315(2)(d), as amended
by RA 4885]
Stoppage of a Payment of a Check
If checks were issued by defendant and he
received money for them and stopped payment
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and did not return the money and if at the time different from those which the offended party
the check was issued, he had the intention of told the accused to state in the document, the
stopping payment, he is guilty of estafa. [US vs. crime is falsification. [REYES, Book 2]
Poe, G.R. No. 13969, (1919)]
b. Estafa by Resorting to Some Fraudulent
Continuing Offense Practice to Ensure Success in Gambling
Estafa by issuance of a bad check is continuing [Art. 315(3)(b)]
offense [People v. Yabit, G.R. L-42902, (1977)]
c. Estafa by Removing, Concealing or
b. Estafa by Obtaining Food or Destroying Court Records, Office Files, and
Accommodation at a Hotel, etc. [Art. 315 other Documents [Art. 315(3)(c)]
(2)(e)]
Elements: [CRD]
Punishable Acts: [FCA] 1. There are Court records, office files,
1. By obtaining Food, refreshment or documents or any other papers.
accommodation at a hotel, inn, restaurant, 2. Offender Removed, concealed or destroyed
boarding house, lodging house or any of them.
apartment house without paying therefor, 3. Offender had intent to Defraud another.
with intent to defraud the proprietor or
manager thereof; NOTE: If there is no intent to defraud, the act
2. By obtaining Credit at any of said of destroying a court record will be malicious
establishments by the use of any false mischief. [Reyes Book, Two]
pretense; or
3. By Abandoning or surreptitiously removing Infidelity in Custody of Document vs. Estafa
any part of his baggage from any of said by Removing, Concealing or Destroying a
establishments after obtaining credit, food, Document
refreshment or accommodation therein, Infidelity in Estafa
without paying therefor. Custody of [Art. 315, 3(c)]
Documents
3. Estafa Through Fraudulent Means [Art. [Art. 226]
315(3)] As to the Manner of Commission
Both are Similar in the Manner of
a. Estafa by Inducing Another to Sign Any
Document Commission
As to the Property Involved
Offender is a public Offender is a private
officer who is individual or even a
Elements: [ISiP-P] officially entrusted public officer who is
1. Offender Induced the offended party to sign with the custody of not officially
a document. documents entrusted with the
2. Deceit was employed to make him Sign the custody of said
document. documents.
3. Offended party Personally signed the As to Intent
document.
No Intent to Defraud There is Intent to
4. Prejudice was caused.
Defraud
NOTE: If the offended party is willing and ready [REYES, Book 2]
from the beginning to sign the document and
there is deceit as to the character or contents
of the document, because the contents are

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 316 – Other Forms of b. Offender Knew that the real property was
Swindling encumbered, whether the same was
recorded or not.
Punishable Acts: c. There was express Representation by the
1. Conveying, selling, encumbering, or offender that the real property is free from
mortgaging any real property, encumbrance; and
pretending to be the owner of the same d. Act of disposing of the real property was
made to the Damage of another. [REYES,
Elements: [I-ROP] Book 2]
a. Thing is Immovable (e.g., parcel of land or
building). Definition of Terms [REYES, Book 2]:
b. Offender is not the owner but Represents 1. “Dispose” – includes encumbering or
himself as the owner thereof. mortgaging.
c. Offender executed an act of Ownership 2. “Encumbrance” – includes every right or
(selling, encumbering or mortgaging the real interest in the land which exists in favor of
property). third persons.
d. Act was made to the Prejudice of the owner
or a third person. [REYES, Book 2] 3. Wrongfully taking by the owner of his
personal property from its lawful possessor
Swindling vs. Estafa by False Pretenses
Estafa by False Elements: [OPWP]
Swindling 1. Offender is the Owner of personal property.
Pretenses
[Art. 316(1)] 2. Property is in the lawful Possession of
[Art. 315, 2(a)]
another.
As to the Property Involved
3. Offender Wrongfully takes it from its lawful
Covers immovable May cover personal possessor.
or real property. and real property. 4. Prejudice is caused to the lawful possessor
As to Acts Committed or third person.
Selling, or Pretense in owning
encumbering, or real or personal Mode 1 v. Mode 3
mortgaging any real property and Pretending to be Wrongfully Taking
property, and doing defrauding the Owner of Real Personal Property
some act of offended party. Property from Lawful
dominion or [Mode 1] Possessor
ownership over the [Mode 3]
property to the As to the Property Involved
damage and Immovable Property Personal Property
prejudice of the real As to Ownership
owner of the thing. Offender merely Offender is the
[REYES, Book 2] represents himself owner of the
as the owner of the personal property.
2. By disposing of real property as free immovable property
from encumbrance, although such involved
encumbrance be not recorded As to the Acts Committed
Offender committed The personal
Elements: [DKRD]
an act of ownership property is
a. Thing Disposed of is real property.
prejudicial to the wrongfully taken
true owner of the

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

property or a third from possession of a offender guaranteed the fulfilment of his

person. lawful possessor. obligation as surety

Theft vs. Other Forms of Swindling, Mode 3 Elements: [SGS-WCR]

Wrongfully Taking 1. Offender is a Surety in a bond given in a
Personal Property criminal or civil action.
Theft 2. Surety Guaranteed the fulfillment of such
from Lawful
[Art. 308] obligation with his real property or
Possessor
properties.
[Art. 316[3]]
3. Surety Sells, mortgages, or, in any other
As to the Property Involved manner encumbers said real property.
Personal Property 4. That such sale, mortgage, or encumbrance
As to Ownership is
Property belongs to Offender is the a. Without express authority from the court;
another (offender is owner of the or
not the owner or personal property. b. Made before the Cancellation of his
possessor) bond; or
As to the Acts Committed c. Made before being Relieved from the
obligation contracted by him.
Offender unlawfully Personal property is
takes the personal wrongfully taken NOTE: There must be actual damage caused
property of another from possession of a under Art. 316, because the penalty is based
with intent to gain. lawful possessor. on the value of the damage cause”, mere intent
As to the Presence of Violence to cause damage is not sufficient [REYES,
Committed without Violence or Intimidation Book 2]

4. Executing any fictitious contract to the c. Article 317 – Swindling a Minor

prejudice of another
Elements: [AICD]
Elements: [EFP] 1. Offender takes Advantage of the
1. Offender Executes a contract inexperience or emotions or feelings of a
2. Contract is Fictitious minor.
3. Prejudice is caused. 2. Offender Induces such minor to: [ORT]
a. Assume an Obligation, or
5. By accepting any compensation for b. Give Release, or
services not rendered or for labor not c. Execute a Transfer of any Property right.
performed 3. That the Consideration is: [LCO]
a. Some Loan of money; or
Elements: [AN] b. Credit; or
1. Offender Accepts compensation for c. Other personal property.
services or labor 4. Transaction is to the Detriment of such
2. He did Not render any service or perform minor.
any labor
NOTE: Actual proof of deceit or
NOTE: Fraud is an essential element, without misrepresentation is not essential, as it is
fraud, it merely is solutio indebiti [REYES, Book sufficient that the offender takes advantage of
2] the inexperience or emotions of the minor.
[REYES, Book 2]
6. Selling, mortgaging or encumbering real
property or properties with which the

Page 247 of 277

U.P. BOC CRIMINAL LAW II
d. Article 318 – Other Deceits
Punishable Acts: [NC]
1. Defrauding or damaging another by any
other deceit Not mentioned in the
preceding articles.
2. Interpreting dreams, by making forecasts,
by telling fortunes, or by taking advantage
of the Credulity of the public in any other
similar manner, for profit or gain.
NOTE: As in other cases of estafa, damage to
the offended party is required. [REYES, Book
2]
7. Chapter VII: Chattel Mortgage
a. Article 319 - Removal, Sale, or
Pledge of Mortgaged Property
NOTE: Punishable acts under this Article
involve property mortgaged or pledged under
the Chattel Mortgage Law. RA 11057 or the
Personal Property Security Act has repealed
the Chattel Mortgage Law.
8. Chapter VIII : Arson and Other
Crimes Involving Destruction
a. Articles 320-326B (Repealed by PD
1613, as amended by RA 7659)
NOTE: The laws on Arson in force are PD 1613
and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent
with RA 7659 (Such as Sec. 2 of PD No. 1613)
are deemed repealed. [REYES, Book 2]
Acts of Arson: [SDO]
1. Simple Arson
Elements: [BAO]
A person Burns or sets fire to:
a. Property of Another; or
b. His Own property under circumstances
which expose to danger the life or
property of another. [Sec. 1, PD 1613]
Page 248 of 277
CRIMINAL LAW
2. Destructive Arson
Burning of: [1-P-TWEE]
a. 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.
b. Any building of public or private
ownership, devoted to the Public in
general or where people usually gather
or congregate for a definite purpose
(e.g., for official governmental function or
business, private transaction,
commerce, trade, workshop, meetings
and conferences), or merely incidental to
a definite purpose (e.g., hotels, motels,
transient dwellings, public conveyances
or stops or terminals), regardless of:
i. Whether the offender had knowledge
that there are persons in said building
or edifice at the time it is set on fire; or
ii. Whether the building is actually
inhabited
c. Any train or locomotive, ship or vessel,
airship or airplane, devoted to
Transportation or conveyance, or for
public use, entertainment or leisure.
d. Any building, factory, Warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
e. Any building the burning of which is for
the purpose of concealing or destroying
Evidence of another violation of law, or
for the purpose of concealing bankruptcy
or defrauding creditors or to collect from
insurance. [Art 320, as amended by Sec.
10 RA 7659]
Additional Acts Considered as Destructive
Arson: [2-AI]
a. When arson is perpetrated or committed by
2 or more persons or by a group of persons,
regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitutes an overt act in
the commission or another violation of law.
b. Burning of: [AI]
U.P. BOC CRIMINAL LAW II
i. Any Arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
ii. Inhabited place, storehouse or factory
of inflammable or explosive materials.
[Sec 10(2), RA 7659]
3. Other cases of Arson [PD 1613, Sec. 3]
Burning of any: [O-InIn-PMR]
a. Building used as Offices of the government
or any of its agencies;
b. Inhabited house or dwelling;
c. Industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
d. Plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
e. Rice, sugar or cane Mill, or mill central; and
f. Railway or bus station, airport, wharf or
warehouse.
Special Aggravating Circumstance: [HIBS]
1. Offender is motivated by spite or Hatred
towards the owner or occupant of the
property burned;
2. Committed with Intent to gain;
3. Committed for the Benefit of another; and
4. Committed by a Syndicate. [Sec. 4, PD
1613]
NOTE: This cannot be offset by any mitigating
circumstance. [REYES, Book 2]
Prima Facie Evidence of Arson: [FISWiD2]
1. 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.
2. If the building or property is Insured for
substantially more than its actual value at
the time of the issuance of the policy.
3. If a substantial amount of Flammable
substances or materials are Stored within
Page 249 of 277
CRIMINAL LAW
the building note necessary in the business
of the offender nor for household use.
4. If the fire started Simultaneously in more
than one part of the building or
establishment.
5. 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.
6. 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.
7. If during the lifetime of the corresponding
fire insurance policy more than 2 fires have
occurred in the same or other premises
owned or under the control of the offender
and/or insured.
NOTE: Conspiracy to commit arson is
penalized under the law [Sec. 7, PD 1613]
Stages of Arson: [AFC]
1. Attempted Arson – offender commences
the commission of the crime directly by
overt acts but does not perform all the acts
of execution due to the timely intervention
of another who chases away the offender.
[REYES, Book 2]
Illustration: Placing the rags soaked in
gasoline beside the wooden wall of the
building and lighting a match but does not
continue to the setting of fire to the rag [id.]
2. Frustrated Arson
Illustration: Person is able to light or set
fire to the rags but the fire was put out
before any part of the building was burned
[US vs. Valdez, G.R. No. L-14128, (1918)]
NOTE: It is argued that there is no such
thing as Frustrated Arson [Boado], as
illustrated in the case of People vs.
Gutierrez [G.R. No. 100699, (1996)],
wherein the court ruled that even if a
building is not completely gutted by fire, the
U.P. BOC CRIMINAL LAW II
crime is still consummated arson, it is
enough that a portion of it is destroyed.
3. Consummated Arson – All acts
necessary to produce combustion are
present in the thing to be burnt. [People v.
Hernandez, G.R. No. 31770, (1929)]
NOTE: Extent of damage is immaterial, as
long as a portion of it is burnt. [id.]
Illustrations:
Before the fire was put out, it had burned a
part of the building, it is consummated. [id.]
Cases where Both Death and Burning
Occur
In cases where both burning and death occur,
in order to determine what crime/crimes
was/were perpetrated whether arson, murder
or arson and homicide/murder, it is de
rigueur to ascertain the main objective of the
malefactor:
1. If the main objective is the burning of the
building or edifice, but death results by
reason or on the occasion of arson, the
crime is simply arson, and resulting
homicide is absorbed;
2. If the main objective is to kill a particular
person who may be in a building or
edifice and fire is resorted to as the means
to accomplish such goal the crime
committed is murder only; and
3. If the objective is to kill a particular person,
and in fact the offender has already done
so, but fire is resorted to as a means to
cover up the killing, then there are two
separate and distinct crimes committed
' homicide/murder and arson. [People v.
Malngan, G.R. No. 170470, (2006)]
Arson under PD 1613, as Terrorism
A person who commits an act punishable as
Arson under P.D. 1613, thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace in order to coerce the government to
give in to an unlawful demand, shall be guilty of
the crime of terrorism [Sec. 3, PD 9372]
Page 250 of 277
CRIMINAL LAW
9. Chapter IX – Malicious
Mischief
a. Art. 327 - Who are Liable for
Malicious Mischief
Malicious Mischief
Willful damaging of another's property for the
sake of causing damage due to hate, revenge
or other evil motive. [REYES, Book 2]
Element: [DNS]
1. Offender deliberately caused Damage to
the property of another.
2. Such act does Not constitute arson or other
crimes involving destruction.
3. Act of damaging another's property be
committed merely for the Sake of
damaging it.
Hate, Revenge, Evil Motive
General Rule: 3rd element presupposes that
the offender acted due to hate, revenge or
other evil motive. [Id.]
Exception: It is malicious mischief even if the
act of damaging another's property was
inspired by the mere pleasure of destroying
[REYES, Book 2]
No Malicious Mischief in the following
cases:
1. If there is no malice in causing the
damage - the obligation to repair or pay for
damages is only civil. [id.]
2. If there is intent to gain – crime
committed is Theft [id.]
“Damage”
Includes not only loss but also diminution of
what a person owns. Thus, damage to
another's house includes defacing it. [id.]
b. Art. 328 – Special Cases of
Malicious Mischief
Special Cases of Malicious Mischief: [OP-
CM]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

1. Causing damage to Obstruct the c. Art. 329 – Other Mischiefs

performance of public functions.
2. Using any Poisonous or corrosive
substance.
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. [REYES, Book 2]
Punished Act
Mischiefs not included in Art. 328 and punished
according to the value of the damage caused.
[REYES, Book 2]
NOTE: But, if the amount involved cannot be
estimated, the penalty of arresto menor or fine
not exceeding P200 is fixed by law. [Art. 329,
RPC]

NOTE: These are also called qualified d. Art. 330 – Damage and Obstruction
malicious mischief [id.] to Means of Communication
Mode 1 of Art. 328 vs. Sedition
Punishable Act
Mode 1 Sedition
Damaging any railway, telegraph or telephone
[Art. 328] [Art. 139] line.
As to Presence of a Public and
Tumultuous Uprising Qualifying Circumstance
Not Present Present Higher penalty shall be imposed if it shall result
As to intention to Obstruct Public in any derailment of cars, collision, or other
Functions accident
There is intent to obstruct public functions
NOTE: Derailment or collision of cars should
[REYES, Book 2]
not have been purposely sought for by the
offender but should have just resulted from
Theft vs. Art. 328, Mode 4
damage to railway, telegraph or telephone
Theft Mode 4
lines. [REYES, Book 2]
[Art. 308] [Art. 328[4]]
As to the Property Involved Telegraph or Telephone Lines
Property belonging Property belonging The telegraph or telephone lines must pertain
to the National to the National to a railway system.
Library or National Library or National
Museum. Museum, or to any Crimes Committed if Passengers are Killed:
archive or registry, Passenger
Intent to Crime
road or any thing s are Killed
Kill Committed
used in common by as a Result
the public. Present Present Murder
As to the Acts Committed Damages to
Offender unlawfully Offender Present Means of
Not Present
takes property deliberately causes Communicatio
belonging to the damage for the sake n
national library or of damaging them.
National Museum

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U.P. BOC CRIMINAL LAW II
e. Art. 331 – Destroying or Damaging
Statues, Public Monuments or
Paintings
Persons Liable: [SP]
1. Any person who shall destroy or damages
Statues or any other useful or ornamental
public monument; and
2. Any person who shall destroy or damage
any useful or ornamental Painting of a
public nature.
10. Chapter X – Exemption
from Criminal Liability
Against Property
a. Art. 332 – Persons Exempt from
Criminal Liability
Civil Liability Only
No criminal, but only civil liability shall result
from the commission of any said crimes,
committed or caused mutually by those
persons. [Art. 332(1), RPC]
Rationale: Law recognizes the presumed co-
ownership of the property between the offender
and the offended party. [REYES, Book 2]
Crimes Exempted: [TSM]
1. Theft,
2. Swindling (estafa),
3. Malicious mischief. [REYES, Book 2]
Persons Exempted: [SADRAS-WS-BS]
1. Spouses;
This includes common law spouses because
Arts. 147-148 of the Family Code provide that
common law spouses are co-owners of the
property. [REYES, Book 2]
2. Ascendants and Descendants, Relatives by
Affinity in the Same line;
Includes legitimate and illegitimate half-brother
and sisters, for the law did not limit the term to
Page 252 of 277
CRIMINAL LAW
legitimate and adopted full brothers or sisters
[id.]
Relatives by Affinity – includes stepfather,
adopted father, and natural children. [id.]
3. Widowed Spouse with respect to property of
the deceased, if:
a. Property belongs to the deceased
spouse; and
b. It has not yet passed into the possession
of a 3rd Person [REYES, Book 2]
4. Brothers and Sisters and brothers-in-law
and sisters-in-law, if living together; and
Exemption Not Applicable to:
1. Strangers participating in the commission
of the crime [Art. 332(4), RPC]
2. If complexed with another crime
[Carungcong vs. People, G.R. No. 181409,
(2010)]
K. CRIMES AGAINST
CHASTITY
1. Chapter I – Adultery and
Concubinage
a. Article 333 – Adultery
Elements: [MaNoK]
1. Woman is Married;
2. She has sexual intercourse with a man Not
her husband;
3. As regards the man with whom she has
sexual intercourse: he Knows that she is
married.
Persons Liable: [MaMa]
1. Married woman who engages in sexual
intercourse with a man not her husband;
and
2. Man who, knowing of the marriage of the
woman, has sexual intercourse with her [Ar.
333, par. 1]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Rules as to Marriage Requirement 4. Death of the woman during the pendency of

1. Offended party must be legally married to the action cannot defeat the trial and
the offender at the time of the filing of the conviction of the man. [US v. De la Torre,
complaint. [REYES, Book 2] G.R. No. 8144 (1913)]
2. Adultery is committed, even if the marriage 5. Even if the man left the country and could
is subsequently declared void. [RPC Art. not be apprehended, the woman can be
333, par. 1] Tried and convicted. [US v. Topiño, G.R.
No. 11895, (1916)]
Each Occasion a Crime
Each occasion of sexual intercourse Effect of Death; Paramour v. Offended Party
constitutes a crime of adultery. [People v. Death of Death of Offended
Zapata, G.R. No. L-3047, May 16, 1951] Paramour Party
Offending wife may The proceedings may
Mitigating Circumstances still be prosecuted. continue. Art. 353
1. When abandoned The requirement seeks to protect the
The criminal liability is mitigated when that both offenders honor and reputation
adultery is committed while being should be included not only of the living
abandoned by her husband without in the complaint is but of dead persons
justification. [RPC, Art. 333, par. 3] absolute only when as well. [Reyes, Book
the two offenders II]
In one case, the SC ruled that when the are alive. [RPC, Art.
husband is believed to be dead, the wife’s 344, par. 2]
act of giving herself up to the man who lent
her a helping hand during such time of Pardon by the Offended Party is a bar to
want and need is considered a mitigating prosecution for Adultery or Concubinage
circumstance. [People v. Alberto, CA 47 Requisites:
OG 2438] 1. Pardon must be made before the institution
of criminal prosecution; and
When applicable, both defendants shall be 2. Both offenders must be pardoned by the
entitled to the mitigating circumstance offended party [REYES, Book 2]
[REYES, Book 2].
NOTE: The act of having intercourse with the
2. Recrimination offending spouse after an adulterous conduct
Husband’s illicit relationship does not is, at best, an implied pardon of said adulterous
absolve but may mitigate wife’s liability for conduct. [id.]
adultery. [People v. Florez, CA-G.R. No.
26089-CR, April 6, 1964] Adultery vs. Prostitution
Adultery [Art. 333] Prostitution [Art.
Effect of Acquittal 202]
Acquittal of one party does not automatically As to Nature of Crime
acquit the other in the following cases: Crime against Crime against public
[JIKDeT] chastity morals
1. There is no joint criminal intent, although As to Persons Liable
there is a Joint physical act. [REYES, Book Married woman Woman, whether
2] married or not
2. One of the parties is Insane; the other sane. As to Manner of Commission
[Id]
Having sexual Habitual indulgence
3. Man has no Knowledge that the woman is
intercourse with a in sexual intercourse
married. [Id]
on lascivious

Page 253 of 277

U.P. BOC CRIMINAL LAW II
man not her conduct for money
husband or profit
[REYES, Book 2]
b. Article 334 – Concubinage
Elements: [MaKeSCoK]
1. Man is Married;
2. He is either:
a. Keeping a mistress in the conjugal
dwelling;
b. Having Sexual intercourse under
scandalous circumstance with a woman
not his wife;
c. Cohabiting with her in any other place;
and
3. As regards the woman: she Knows that he
is married.
Persons Liable: [MaW]
1. Married man; and
2. Woman who knew that the man was
married. [Id]
Definition of Terms:
1. Mistress – a woman taken by the accused
to live with him in the conjugal dwelling as
his mistress/concubine. [Id]
2. Conjugal Dwelling – the home of the
husband and the wife, even if the wife
appears to be temporarily absent on any
account. [Id]
3. Cohabit – to dwell together, in the manner
of husband and wife, for some period of
time, as distinguished from occasional
transient interviews for unlawful intercourse.
[People v. Pitoc, G.R. No. 18513,
September 18, 1922]
4. Scandalous Circumstances – Scandal
consists in any reprehensible word or deed
that offends public conscience, redounds to
the detriment of the feelings of honest
persons, and gives occasion to the
neighbors’ spiritual damage or ruin. [People
v. Santos, 87 Phil. 687 (1950)]
Usage of Conjugal Dwelling Not Important
The fact that the wife never had a chance to
reside therein and that the husband used it with
his mistress instead, does not detract from its
Page 254 of 277
CRIMINAL LAW
nature. [People v. Cordova, C.A., G.R. No.
19100-R (1959)]
Mere Cohabitation Sufficient
In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc,
G.R. No. 18513 (1922)]
Liability of Married Man
A married man is not liable for concubinage for
mere sexual relations with a woman not his
wife. It must be under scandalous
circumstances. [REYES, Book 2]
No Knowledge that Woman is Married
A married man who is not liable for adultery
because he did not know that the woman was
married, may be held liable for concubinage. If
the woman knew that the man was married,
she may be held liable for concubinage as well.
[Id]
When Spies are Employed, no evidence of
scandalous circumstances
When spies are employed for the purpose of
watching the conduct of the accused and it
appearing that none of the people living in the
vicinity has observed any suspicious conduct,
there is no evidence of scandalous
circumstances. [US v. Campos Rueda, G.R.
No. L-11549 (1916)]
2. Chapter II – Rape and Acts of
Lasciviousness
a. Article 335 – When and How Rape
is Committed (repealed by RA No.
8353)
NOTE: Art. 335 has been repealed by RA
8353, otherwise known as the Anti-Rape Law
of 1997 which took effect on October 22, 1997.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 336 - Acts of Abuses Against Chastity vs. Crimes

Lasciviousness Against Chastity
Abuses Against Crimes Against
Elements: [APeC – FoDeFraU] Chastity [Art. 246] Chastity [Art. 336]
1. Offender commits any Act of lasciviousness Committed by Whom
or lewdness; In a majority of
2. Act is committed against a Person of either Public officer cases, a private
sex; and individual
3. It is done under any of the ff. As to How Committed
Circumstances: It is necessary that
a. By using Force or intimidation; or Mere immoral or some actual act of
b. When the offended party is Deprived of indecent proposal lasciviousness
reason or otherwise unconscious; made earnestly and should have been
c. By means of Fraudulent machination or persistently executed by the
grave abuse of authority offender
d. When the offended party is Under 12
years of age or is demented. Acts of Lasciviousness v. Grave Coercion
v. Unjust Vexation [REYES, Book 2]
Lewd – obscene, lustful, indecent, lecherous; Acts of Grave Unjust
signifies form of immorality which has relation Lasciviousn Coercion Vexation
to moral impurity or that which is carried in ess [Art. [Art. 286] [Art. 287]
wanton manner. [Lutap v. People, G.R. No. 336]
204061, February 5, 2018] Nature of Compulsion or Force
• Example: When the accused not only Compulsion Compulsion No presence
kissed and embraced the complainant but or force is or force is of
fondled her breast with the particular included in the very act compulsion
design to independently derive vicarious the constituting or force, act
pleasures therefrom, the element of lewd constructive the offense of touching
designs exist. [People v. Panopio, CA 48 element of of grave is a mere
OG 145] force coercion incident
What Must Accompany the Act
No Frustrated or Attempted Acts Need not be
Lasciviousness Must be Moral accompanie
There can be no attempted and frustrated acts accompanied compulsion d by any
of lasciviousness. [REYES, Book 2] The crime by acts of amounting moral
of consummated rape absorbs acts of lasciviousnes to compulsion
lasciviousness. [People v. Tabarangao, G.R. s or intimidation or acts of
No. 116535-36, February 25, 1999] lewdness is sufficient lasciviousne
ss
Sweetheart Defense Inapplicable
For purposes of sexual intercourse and When Punishable Under RA No. 7610
lascivious conduct in child abuse cases under (Special Protection of Children Against
RA 7610, the sweetheart defense is Abuse, Exploitation and Discrimination Act)
unacceptable. A child exploited in prostitution Acts of lasciviousness is punished under RA
or subjected to other sexual abuse cannot No. 7610 when performed on a child below 18
validly give consent to sexual intercourse with years of age, exploited in prostitution or
another person. [Malto v. People, G.R. No. subjected to other sexual abuse. [REYES,
164733 (2007)] Book 2]

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U.P. BOC CRIMINAL LAW II
Elements of Lascivious Conduct under RA
No. 7610
The following elements of sexual abuse under
Sec. 5 (b) of RA 7610 must be proven in
addition to the elements of acts of
lasciviousness: [SE-18]
a. Accused commits the act of Sexual
intercourse or lascivious conduct.
b. Said act is performed with a child Exploited
in prostitution or subjected to other sexual
abuse.
c. Child, whether male or female, is below 18
years of age. [Navarrete v. People, G.R.
No. 147913 (2007)]
Additional elements, according to the IRR:
[TSIG]
a. There is intentional Touching, either directly
or through clothing, of the genitalia, anus,
groin, breast, inner thigh, or buttocks, OR
the introduction of any object into the
genitalia, anus or mouth, of any person,
b. Committed against same or opposite Sex,
c. There is Intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual
desire of any person, bestiality,
masturbation, lascivious exhibition of the
genitals or pubic area of a person.
3. Chapter III – Seduction,
Corruption of Minors and
White Slave Trade
a. Article 337 - Qualified Seduction
Seduction - enticing a woman to unlawful
sexual intercourse by promise of marriage or
other means of persuasion without use of
force. It applies when there is abuse of
authority (qualified seduction) or deceit (simple
seduction). [REYES, Book 2]
Two Classes of Seduction:
a. Seduction of a virgin over 12 years and
under 18 years of age by certain persons
such as, a person in authority, priest,
teacher or any person who, in any capacity
shall be entrusted with the education or
custody of the woman seduced.
Page 256 of 277
CRIMINAL LAW
b. Seduction of sister or descendant, whether
or not she is a virgin or over 18 years of age
Elements of (a): [VOUSA]
1. Offended party is a Virgin, which is
presumed if she is unmarried and of good
reputation;
2. She is Over 12 and Under 18 yrs. of age;
3. Offender had Sexual intercourse with her;
and
4. There is Abuse of authority, confidence, or
relationship on the part of the offender.
Elements of (b): [SiDoSBA]
1. Offended party is the Sister or Descendant
of the offender, regardless of the former’s
age or virginity;
2. Offender had Sexual intercourse with her;
and
3. Offender is her Brother or Ascendant by
consanguinity, whether legitimate or
illegitimate.
NOTES:
1. If the sister or descendant is under 12
years of age, the crime would be rape; and
2. If she is married and over 12 years of age,
it would be adultery [REYES, Book 2].
Virgin - a woman of chaste character and of
good reputation. The offended party need not
be physically a virgin because virginity is
presumed if the woman is unmarried and of
good reputation. [People v. Yap, G.R. No. L-
25176, (1968); People v. .Ramos, CA, 72 OG
8139]
Offenders in Qualified Seduction: [AER]
1. Those who abused their Authority:
a. Person in public authority
b. Guardian; or
c. Teacher
2. Person who, in any capacity, is Entrusted
with the education or custody of the woman
seduced.
3. Those who abused confidence reposed in
them:
a. Priest
b. House servant; or
c. Domestic
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

4. Those who abused their Relationship: without use

a. Brother who seduced his sister; or of force
b. Ascendant who seduced his Consent
descendant. Not a Defense; Not a
defense; if consent defense
Domestic – a person usually living under the there is given by the
same roof, pertaining to the same house. consent, it offended
[REYES, Book 2] can be party results
punished in
Not a Continuing Offense under Art. 339 consensual
The loss of virginity during the minority of the sex and is
offended party consummated the offense, and not
the virginity of a woman cannot be lost twice. punishable
Carnal relations after 18 years of age does not
constitute continuation of the offense begun b. Article 338 - Simple Seduction
when she was under 18. [People v. Bautista,
12 OG 2405] Elements: [ORSeD]
1. Offended party is Over 12 and under 18
Acts of Lasciviousness v. Attempted Rape years of age;
v. Qualified Seduction 2. She is of good Reputation, single or widow;
Acts of Attempted Qualified 3. Offender had Sexual intercourse with her;
Lasciviousne Rape Seduction and
ss [Art. 336] [Art. 266-A] [Art. 337] 4. It was committed by means of Deceit.
Offended Party
Either sex Woman Woman Deceit
(Rape by Deceit generally takes the form of unfulfilled
sexual promise of marriage and this promise need not
intercourse) immediately precede the carnal act. [People v.
Requisite of Sexual Intercourse Iman, 62 Phil 92]
Not required, Not Element of
lascivious required, the offense Promise of marriage by a married man is not a
acts are the what is deceit, if the woman knew him to be married.
final objective required is [REYES, Book 2]
sought by the that the
offender intent be to Qualified Seduction vs. Simple Seduction
lie with the Qualified Simple Seduction
victim Seduction [Art. [Art. 338]
Intent 337]
Acts Acts Enticing a Virginity
performed do performed woman to Essential element of Not an essential
not indicate clearly unlawful the crime element, it is enough
that the intent indicate that sexual that the woman is
of the the intercourse single or a widow of
accused was accused’s by promise good reputation and
to lie w/ the purpose of marriage has a chaste life
offended was to lie w/ or other [Reyes, Book II]
party. the offended means of Deceit
woman. persuasion Not an essential Essential element
element since it is

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

replaced by abuse relationship or by means of deceit. [REYES,

of confidence. Book 2]
[People v.
Fontanilla, G.R. No. Offended Party
L-25354 (1968)] Male cannot be the offended party under Art.
As to Manner of Commission 339; unlike Art. 336, it does not mention
May be committed Can be committed “persons of either sex” as the offended party.
only with abuse of even without abuse [id.]
authority, abuse of of authority, abuse
confidence or abuse of confidence or Circumstances for Seduction
of relationship abuse of relationship It is necessary that it be committed under
As to Offender circumstances which would make it qualified or
Specific offenders Any person so long simple seduction had there been sexual
such as a person in as there is deceit. intercourse, instead of acts of lewdness only.
public authority, [REYES, Book 2]
priest, house
servant, guardian, Higher Degree Imposed if Victim is Under
teacher or any 12
person entrusted When the victim is under 12 yrs., the penalty
with the education or shall be one degree higher than that imposed
keeping of the by law. [Sec. 10, RA 7610]
offended woman
seduced, a brother Acts of Lasciviousness vs. Acts of
seducing his sister, Lasciviousness with Consent
or ascendant Acts of
Acts of
seducing a Lasciviousness
Lasciviousness
descendant. with Consent
[Art. 336]
[Art. 339]
c. Article 339 - Acts of Circumstances under Which the
Lasciviousness with the Consent Crime was Committed
Committed under Committed under
of the Offended Party circumstances circumstances
which, had there which, had there
Elements: [LUA] been carnal been carnal
1. Offender commits acts of Lasciviousness or knowledge, would knowledge, would
lewdness; amount to rape amount to either
2. Acts are committed upon a woman who is a qualified or simple
virgin or single or widow of good reputation, seduction
Under 18 yrs. of age but over 12 yrs., or a Offended Party
sister or descendant, regardless of her
Offended party
reputation or age; and Offended party is a
should only be
3. Offender Accomplishes the acts by abuse of female or male
female
authority, confidence, relationship, or
deceit.
d. Article 340 - Corruption of Minors
"With the Consent of the Offended Party." (as amended by BP Blg. 92)
The offended woman may have consented to
the acts of lasciviousness being performed by Punishable Act: Promoting or facilitating the
the offender on her person, but the consent is prostitution or corruption of persons underage
obtained by abuse of authority, confidence or

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

(below 18 years old) to satisfy the lust of Prostitutes Anyone who Anyone
another. [REYES, Book 2] who, for purchases, who
money or sells, engages in
NOTES: profit, kidnaps or the
1. It is not necessary that the unchaste acts habitually detains a business or
shall have been done. What the law indulge in human profits by
punishes is the act of a pimp who facilitates sexual being for the
prostitution
the corruption of, and not the performance intercourse or purpose of or enlists
of unchaste acts upon the minor. [id.] lascivious enslaving another for
2. Victim must be of good reputation, not a conduct him the purpose
prostitute or corrupted person. [id.] of
prostitution
"To satisfy the lust of another." Consent of Woman
Because of this phrase, one who casts for his Woman Committed With or
own ends does not incur the sanction of the consented against her without
law. [id.] since she is will woman’s
the one consent
e. Article 341 - White Slave Trade habitually
engaged in
Acts Punishable: [BuPS] the act
1. Engaging in Business of prostitution
2. Profiting by prostitution 4. Chapter IV - Abduction
3. Enlisting the Services of women for the
purpose of prostitution.
a. Article 342 - Forcible Abduction
Corruption of Minors vs. White Slave Trade
Elements: [WAL]
Corruption of White Slave Trade
1. Person abducted is any Woman, regardless
Minors [Art. 340] [Art. 341]
of her age, civil status or reputation;
Minority of Victims 2. Abduction is Against her will; and
It is essential that Victim need not be a 3. Abduction is with Lewd designs.
the victims are minor
minors Abduction
Sex of Victims The taking away of a woman from her house or
May be of either sex Females the place where she may be for the purpose of
Profit carrying her to another place with intent to
Not necessarily for Generally for profit marry or corrupt her. [People v. Crisostomo,
profit G.R. No. L-19034, February 17, 1923]
Habituality
Committed by a Generally committed If Female is Under 12 years of age
single act habitually If the female abducted is under 12, the crime is
[REYES, Book 2] forcible abduction, even if she voluntarily goes
with her abductor. [Id]
White
Prostitution Slavery Slave Elements of Complex Crime of Forcible
[Art. 202] [Art. 272] Trade Abduction with Rape:
[Art. 341] 1. Abductor had carnal knowledge of the
Offender abducted women; and
2. It is committed by:
a. Using force or intimidation; or

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. When the woman is deprived of reason No There is There is

or otherwise unconscious or when the deprivation deprivation deprivation
woman is under 12 years of age or is of liberty. of liberty. of liberty
demented. [People v. Domingo, G.R. No. [REYES, Book 2]
225743, June 7, 2017]
Forcible Abduction with Rape vs.
NOTE: Primary objective of the offender must Kidnapping with Rape vs. Corruption of
not be to commit rape [id.] Minors
Forcible
Forcible Abduction with Several Acts of Abductio Kidnapping Corruption
Rape n with with Rape [Art. of Minors
While the first act of rape was being performed, Rape 267] [Art. 340]
the crime of forcible abduction had already [Art. 342]
been consummated, hence, forcible abduction As to Purpose
can only be attached to the first act of rape, Purpose Purpose is to
detached from the 3 subsequent acts of rape. Purpose is
is to deprive the
The effect therefore would be one count of to lend the
effect his victim of his
forcible abduction with rape and 4 counts of victim to
lewd liberty.
rape for each of the accused. [People v. Jose, illicit
designs
G.R. No. L-28232 (1971)] intercourse
on the
with others
victim
As to Classification
Rules on Absorption Crime Crimes
1. Forcible abduction is absorbed by rape – Crime against
against against
if main objective was to rape the victim liberty
chastity Chastity
[People v. Godines, G.R. No. 93410 [REYES, Book 2]
(1991)].
2. Attempted rape is absorbed by forcible
b. Article 343 - Consented Abduction
abduction – thus, there is no complex
crime of forcible abduction with attempted
Elements: [VOCoL]
rape. [Id]
1. Offended party is a Virgin;
3. Conviction of acts of lasciviousness is
2. She is Over 12 and under 18 yrs. of age;
not a bar to conviction of forcible
3. Offender takes her away with her Consent,
abduction. [People v. Godines, G.R. No.
after solicitation or cajolery from the
93410 (1991)]
offender;
4. Taking away is with Lewd designs.
Forcible Abduction v. Grave Coercion v.
Serious Illegal Detention
NOTE: When there was no solicitation or
Serious
Forcible Grave cajolery and no deceit and the girl voluntarily
Illegal went with the man, there is no crime committed
Abduction Coercion
Detention even if they had sexual intercourse. [REYES,
[Art. 342] [Art. 286] [Art. 267] Book 2]
As to Existence of Lewd Design
Lewd design Lewd design Complex Crime of Consented Abduction
With lewd
is not an is not an with Rape
design element element When a 15-year-old girl was induced by the
As to Deprivation of Liberty accused to leave her home and later was
forcibly violated by him, the accused is guilty of
the complex crime of consented abduction with

Page 260 of 277

U.P. BOC CRIMINAL LAW II
rape. [People v. Amante, G.R. No. L-25604,
December 6, 1926]
Crimes against Chastity where Age and
Reputation are Immaterial: [RAQF]
a. Rape [Art. 266-A];
b. Acts of lasciviousness against the will or
without the consent of the offended party
[Art. 336]
c. Qualified seduction of sister or
descendant [Art. 337]
d. Forcible abduction [Reyes, Book Two]
[Art. 342]
Crimes against Chastity where Age and
Reputation is Material: [QS-LaCA]
a. Qualified Seduction (of a virgin over 12
and under 18) [Art. 337]
b. Simple Seduction [Art. 338]
c. Acts of Lasciviousness with the Consent
of the Offended Party [Art. 339]
d. Corruption of Minors [Art. 340]
e. Consented Abduction [Art. 343]
5. Chapter V: Provisions
Relating to the Preceding
Chapters of Title 11
a. Article 344 - Prosecution of Private
Offenses
How prosecuted:
a. Adultery and Concubinage - prosecuted
upon the complaint signed by the offended
spouse.
Criminal prosecution cannot
instituted:
a. Unless both guilty parties, if both are
alive, are included; or
b. If offended party have consented or
pardoned the offenders
b. Seduction, Abduction and Acts of
Lasciviousness - prosecuted upon the
complaint signed by the offended party –
a. Even if a minor, or
Page 261 of 277
CRIMINAL LAW
b. If of legal age and not incapacitated, only
she can file the complaint.
Criminal prosecution cannot be
instituted:
a. Unless instituted by the offended party or
her parents, grandparents, or guardian;
or
b. If offender has been expressly pardoned
by the above-named persons
If a minor or incapacitated refuses to file,
either of the next succeeding persons
may file:
a. Either of the parents;
b. Either of the grandparents, maternal or
paternal;
c. Legal or judicial guardian; or
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.
[Rules of Court, Rule 110, Sec. 5]
NOTE: The right to file the action shall be
exclusive of all other persons and shall be
exercised successively in the order
provided above [Rules of Court, Rule 110,
Sec. 5].
Rape May be Prosecuted de officio
Rape is now a crime against persons, which
may be prosecuted de officio. [RA No. 8353,
Sec. 2]
Complex Crimes; Instituted by Public
Prosecutor
be In case of complex crimes, where one of the
component offenses is a public crime, the
criminal prosecution may be instituted by the
public prosecutor. [People v. Yu, G.R. No. L-
13780, January 28, 1961]
Effect of Marriage
1. Marriage of the offender with the offended
party in seduction, abduction, acts of
lasciviousness and rape, extinguishes
criminal action or remits the penalty already
imposed [Art. 344, RPC].
U.P. BOC CRIMINAL LAW II
2. It also extinguishes the criminal actions
against the co-principals, accomplices, and
accessories [Art. 344, RPC]
3. Marriage must be entered into in good faith.
4. Marriage may take place even after criminal
proceedings have commenced, or even
after conviction (extinguishes criminal
action and remits penalty). [REYES, Book 2]
Pardon
Pardon of the offenders by the offended party
is a bar to prosecution for adultery or
concubinage [Art. 344, par. 2]
Pardon; How Given
General rule: May be express or implied
Exception: Pardon must be express in
seduction, abduction, rape, or acts of
lasciviousness. [REYES, Book 2]
Condonation
Condonation is forgiveness based upon the
presumption and belief that the guilty party has
repented. However, any act of infidelity to the
vows of marriage, subsequent to the
condonation constitutes a new offense.
[REYES, Book 2]
b. Article 345: Civil Liability of
Persons Guilty of Crimes Against
Chastity
Those Guilty of Rape, Seduction or
Abduction shall: [IOS - AMDO]
1. Indemnify the offended woman
2. Acknowledge the Offspring, unless the law
should prevent him from doing so
3. Support the offspring, except:
a. In cases of Adultery and Concubinage
b. Where either of the offended party or
accused is Married
c. When paternity cannot be Determined,
such as in multiple rape; and
d. Other instances where the law prevents
such
Page 262 of 277
CRIMINAL LAW
Civil Liability of Adulterer and Concubine
The adulterer and the concubine can be
sentenced only to indemnify for damages
caused to the offended spouse.
● The article authorizes the imposition of
indemnity in cases of concubinage against
the concubine only, but not against the
guilty husband. [REYES, Book 2]
● The guilty wife in adultery cannot also be
sentenced to indemnify for damages
caused to the offended husband, the law
speaks of adulterer not adulteress [id.]
All the Accused must Support the Offspring
All the accused must support the offspring
since any one of them may be the father and
contributed in giving birth to the child. [id.]
Moral Damages
Moral damages may be recovered both by the
offended party and her parents. [id]
c. Article 346 – Liability of
Ascendants, Guardians, Teachers
and Other Persons Entrusted with
the Custody of the Offended Party
Persons Liable: [CETeC]
1. Persons who Cooperate as accomplices in
rape, seduction, abduction, etc. [CATAG]
a. Ascendants
b. Guardians
c. Curators
d. Teachers, and
e. Any other person, who cooperate as
accomplice with abuse of authority or
confidential relationship
2. Teachers or persons entrusted with
Education and guidance of the youth shall
be penalized with disqualification
(temporary special disqualification to
perpetual special disqualification).
3. Any person falling within the Terms of this
article, and any other person guilty of
Corruption of minors for the benefit of
another, shall be punished by special
disqualification from filling the office of
guardian. [Art. 346]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Punished as Principals 2. She is Not 2. The 2. The

Above-mentioned persons who act as actually exchange is offender
accomplices in crimes against chastity (except pregnant Without the conceals or
adultery and concubinage) shall be punished knowledge Abandons
as principals. [RPC, Art. 346, par. 1] of the such child
respective
parents
L. CRIMES AGAINST THE CIVIL 3. She 3. The
STATUS OF PERSONS Takes offender has
another child the Intent to
as her own cause such
1. Chapter I: Simulation of on the day of child to lose
Births and Usurpation of Civil supposed its civil
delivery status
Status
[REYES, Book 2]
a. Article 347 - Simulation of Births, NOTES:
Substitution of One Child for a. Object of the crime is the creation of false,
Another, and Concealment or or the causing of loss of civil status.
Abandonment of a Legitimate [REYES, Book 2]
Child b. Unlawful sale of a child by his father is not
a crime under this article. [US v. Capillo,
Punishable Acts [SimSuCo] G.R. No. 9279 (1915)]
1. Simulation of births;
2. Substitution of one child for another; “Abandon”
3. Concealing or abandoning any legitimate It is the practice of abandoning newly born
child with intent to cause such child to lose infants and very young child at the door of
its civil status. hospitals and churches. It is leaving the child at
a public place where other people may find it
Elements: and causing the child to lose its civil status.
Mode 1: Mode 2: Mode 3: [REYES, Book 2]
Simulation Substitutio Concealing
of births n of 1 child or Other Persons Liable :
[PNT] for another Abandonin 1. The woman who simulates the birth and
[EW] g any the one who furnishes the child are both
legitimate responsible as principals. [REYES, Book 2]
child [LAI] 2. A physician or surgeon or public officer,
1.Woman 1. A child of 1. The child who cooperates in the execution of these
Pretends to a couple is is Legitimate crimes, is also liable if he acts in violation
be pregnant Exchanged of the duties of his profession or office.
with a child [REYES, Book 2]
of another
couple/ A
living child is
placed in
place of
another
woman’s
dead child

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Abandonment in Art 347 v. Abandoning a Damage not necessary Damage or

Minor in Art 246 prejudice
Concealment or is
Abandoning a
Abandonment of a necessary
Minor
Legitimate Child
[Art. 246]
[Art. 347] 2. Chapter II: Illegal Marriages
As to the Offender
One who has the
Any person
custody of the child
a. Article 349 – Bigamy
As to Intent
Elements [LeNSEs]:
To avoid obligation
To cause the child to 1. Offender has been Legally married;
of rearing and
lose his civil status 2. Marriage has Not been legally dissolved or,
caring for the child
in case his or her spouse is absent, the
b. Article 348 - Usurpation of Civil absent spouse could not yet be presumed
Status dead according to Civil Code
3. Offender contracts a Second or subsequent
Elements [RAE] marriage
1. A person Represents himself to be another 4. The second or subsequent marriage has all
2. He Assumes the filiation or the parental or the Essential requisites for validity.
conjugal rights of such another person; and
3. There is intent to Enjoy the rights arising NOTE: Bigamy does not apply to those married
from the civil status of another under the Muslim Code [PD 2083, Art 180]

Qualifying Circumstance Causes Producing Legal Dissolution of

The crime is qualified if the purpose is to
defraud the offended party or his heirs [Art.
348, RPC].
NOTE: Usurpation of profession may be
punished under this Article. [REYES, Book 2]
First Marriage
1. Death of one of the contracting parties
2. Judicial declaration annulling a void
marriage;
3. Judicial decree annulling a voidable
marriage [REYES, Book 2]

Usurpation of Civil Status v. Using Validity of Marriage

Fictitious Name v. Estafa by Deceit 1. The fact that the first marriage is void
Usurpation Using Estafa from the beginning is not a defense. As
of Civil Fictitious [Art. 315] with voidable marriage, there must be a
Status [Art. Name [Art judicial declaration of nullity of marriage
348] 178] before contracting the second marriage.
As to Intent [Mercado v. Tan, G.R. No. 137110 (2000)]
Intent to enjoy Intent is to Intent is to 2. Validity of second marriage is a
rights arising conceal a defraud prejudicial question. The second
from crime, evade another marriage must have all the essential
another’s civil the execution (estafa by requisites for validity in such a way that it
status must of a means of would have been valid were it not for the
be present judgement, or deceit) subsistence of the first marriage. If the
cause second marriage is void, there is no
damage to bigamy. [People v. De Lara, 51 OG 4079]
public interest
As to Necessity of Actual Damage However, note that declaration of nullity of
the second marriage due to psychological

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

incapacity is not a defense. Since a Defense has Burden of Proof

marriage contracted during the Once the prosecution has established that the
subsistence of a valid marriage is defendant was already married at the time he
automatically void, the nullity of the 2nd contracted the second marriage, the burden of
marriage is not per se an argument to avoid proof to show the dissolution of the first
criminal liability [Tenebro v. CA, G.R. No marriage is on the defense. [id.]
150758 (2004)]
Prescription Period
Effect of Divorce Prescription commences not from the time of
When both When one spouse commission but from the time of its discovery
spouses are is an alien by the complainant spouse. The rule of
Filipino Citizens constructive notice does not apply. [Regalado]
The divorce The Filipino spouse
obtained from is capacitated to Bigamy vs. Adultery and Concubinage
foreign courts is not remarry just as the Bigamy Adultery/Concubin
valid. A spouse who foreign spouse is [Art 349] age [Art 333/Art
remarries is still [Art. 26, Family 334]
liable for bigamy. Code] Thus after As to Nature of the Offense
obtaining a divorce, Public Offense, Private offense,
One who contracts a the Filipino spouse crime against status crime against
second marriage may contract a chastity
believing he was second marriage As to Effect of Pardon
lawfully divorced without being liable No effect Bars prosecution
may be liable for for bigamy. As to Who May Prosecute
bigamy through At the instance of Only at the instance
reckless imprudence the State; thus it is of the offended party
[People v. immaterial who
Schneckenburger, initiates the action.
G.R. No. 2457 As to Who should be Impleaded
(1938)] The offending Both the guilty
[REYES, Book 2] spouse. The parties must be
second/subsequent impleaded (the
Bigamy and Concubinage spouse is not offending spouse
One convicted of bigamy may also be necessarily liable for and the other party).
prosecuted for concubinage as both are the crime of bigamy
distinct offenses. The first is an offense against and whether he/she
civil status, which may be prosecuted at the should be included
instance of the state; the second is an offense in the information
against chastity, and may be prosecuted only will be determined
at the instance of the offended party. [REYES, by the fiscal
Book 2] conducting the
preliminary
Persons Liable as Accomplices investigation.
If they have knowledge of the first marriage, the [People v. Schneckenburger, G.R. No 48183
following are liable as accomplices: [SW] (1941)]
1. Second Spouse; and
2. Witness who falsely vouches for the
capacity of the contracting parties [id.]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 350 - Marriage Contracted

against Provisions of Laws M.CRIMES AGAINST
HONOR
Elements [CK-ND]:
1. Offender Contracted marriage; and
2. He Knew at the time that:
1. Chapter I – Libel
a. Requirements of the law were Not
complied with; or SECTION 1. DEFINITION, FORMS, AND
b. Marriage was in Disregard of a legal PUNISHMENT OF THIS CRIME
impediment.
a. Article 353 - Libel
NOTE: Offender must not also be guilty of
bigamy [id.] NOTE: Defamation is the proper term for libel
as used in Art. 353 [REYES, Book 2]
Qualifying Circumstance
The crime is qualified when the consent of the Defamation - Includes libel and slander,
other party was obtained through violence, means the offense of injuring a person's
intimidation, or fraud [Art. 350]. character, fame or reputation through false and
malicious statements. [id.]
c. Article 351 - Premature Marriage
Libel vs. Slander
(Repealed by RA No. 10655)
Libel Slander
[Art. 355] [Art. 358]
NOTE: This provision has been when
Defamation
President Benigno Aquino III signed into law
committed by means
RA 10655 (Act Repealing Art. 351 of the RPC),
of writing, printing,
thus decriminalizing the said article.
lithography,
engraving, radio,
d. Article 352 - Performance of Illegal phonograph,
Marriage Ceremony painting or theatrical
Oral defamation
or cine- matographic
Elements [AP] exhibition, or any
1. Offender is Authorized to solemnize similar means
marriages
2. He Performs or authorizes any illegal NOTE: There is no
marriage ceremony distinction between
calumny, insult and
Persons Liable [PC] libel.
The following can be held liable for performing [REYES, Book 2]
or authorizing any illegal marriage ceremony:
1. Priests or ministers of any religious Defamation vs. Seditious Libel
denomination or sect, or Libel Seditious Libel
2. Civil authorities [REYES, Book 2] [Art. 355] [Art. 142(3)]
As to Acts Committed
NOTE: If the offender is not so authorized to
Committed by Committed by
solemnize marriages, he is liable under Art
means of writing, writing, publishing
177, Usurpation of Authority [REYES, Book 2]
printing, lithography, or circulating
radio, phonograph, scurrilous libels.
painting or theatrical

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

or cine- matographic
exhibition, or any Exception: Sending a letter in a sealed
similar means envelope through a messenger, is not
As to the Offended Party publication. [Lopez vs. Delgado, G.R. No. L-
Government or any 3499, (1907)]
of its duly
Any person/s 3. Imputation was Malicious.
constituted
authorities
As to the Effect Malice in Fact vs. Malice in Law
Injures the person's Disturbs public Malice in Fact Malice in Law
character, fame or peace. As to Proof Required
reputation through Proof of malice or ill- Proof of malice is
false and malicious will must be proved. not required,
statements Thus, it may be because it is
shown by proof of ill- presumed to exist
Elements under Art. 353: [IPMaD-DDC] will, hatred or from the
1. That there must be an Imputation of a purpose to injure. defamatory
crime, or of a vice or defect, real or imputation.
imaginary, or any act, omission, status or Presumption
circumstance; Malice is not Presumed from a
presumed since, it is defamatory
Imputation covers: [CVA] a positive desire or imputation.
a. Crime allegedly committed by offended an intention to
party; annoy or endure. Exception:
b. Vice or defect, real or imaginary of offended When
party; or communication is
c. Any Act, omission, condition, status of, or privileged, malice is
circumstance relating to the offended party. not presumed.
As to Proof of
Imputation of criminal intention is not Good Intention and Justifiable Motive
libelous. When malice in fact Upon proof of good
Intent to commit a crime is not a violation of is present, justifiable intention and
the law. This is more so, when it is a mere motive cannot exist, justifiable motive,
assertion or expression of opinion as to and the imputations even if the
what will be the future conduct of another. become actionable. publication is
[REYES, Book 2] injurious, the
presumption of
2. Imputation was made Publicly; malice disappears.
[REYES, Book 2]
Publication
Communication of the defamatory matter to 4. Imputation was Directed to: [NJD]
some third person or persons. [REYES, Book a. a Natural; or
2] b. Juridical person; or
c. One who is Dead.
Sending a Letter is Sufficient Publication
General Rule: Writing a letter to another Identification of Offended Party Required
person other than the person defamed is In order to maintain a libel suit, it is essential
sufficient to constitute publication [Orfanel vs. that the victim be identifiable, although it is not
People, G.R. No. L-26877, (1969)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

necessary that he be named. [Corpus vs.

Cuarderno, Sr., G.R. No. L-16969, (1966)] b. Art. 354 – Requirement of Publicity
When defamatory Statements are Presumption of Malice
addressed to a Number of People General Rule: Every defamatory imputation is
General Rule: Defamatory remarks directed at presumed to be malicious, even if it be true, if
a group of persons is not actionable. no good intention and justifiable motive for
making it is shown. [Art. 354(1), RPC]
Exceptions:
1. Statements are sweeping or all-embracing Rebuttal of Presumption
as to apply to every individual in that group Presumption of malice may be rebutted, if it is
or class [id.]; shown by the accused that: [TIJ]
2. Sufficiently specific so that each victim to be 1. Defamatory imputation is True, in case the
identifiable. [Newsweek vs. IAC, G.R. No. L- law allows proof of the truth of the
63559, (1986)] imputation;
3. If the utterance is made against a number of 2. It is published with good Intention; and
people, designated by their common 3. There is Justifiable motive for making it.
surname, not separately mentioned, then [REYES, Book 2]
there is only one offense. [People vs.
Aquinoc, 35 OG 8844, (1966)] Exception: Malice is not presumed in
4. Imputation tends to cause Dishonor, privileged communications:
Discredit or Contempt of the person
defamed. [REYES, Book 2] Types of Privileged Communication
Privileged
Dishonor vs. Discredit vs. Contempt Communicatio Requisites:
Dishonor Discredit Contempt n (PC)
Disgrace, Loss of State of 1. The person who
shame or credit or being made the
ignominy reputation; despised communication had a
disesteem legal, moral or social
[REYES, Book 2] Duty to make the
PC 1: Private communication, or,
Construction of Words Communicatio at least, he had an
1. Meaning of the writer is immaterial; what n Made to interest to be upheld;
is taken into consideration is the meaning Another in the 2. Communication is
that the words conveyed on the minds of Performance addressed to an
persons of reasonable understanding, of a Legal, Officer or a board, or
discretion and candor, taking into Moral or Social superior, having
consideration the surrounding Duty some interest or duty
circumstances which were known to the [DOF] in the matter; and
hearer or reader [People vs. Encarnacion, [Art. 354(1)] 3. The statements in
CA, 48 OG 1817] the communication
2. Words are to be construed in their are made in good
entirety and taken in their plain, natural Faith without malice
and ordinary meaning, as they would (in fact). [Reyes,
naturally be understood by persons reading Book Two]
them, unless it appears that they were used 1. It is a fair and true
and understood in another sense. [Novicio PC 2: Fair and
Report of a judicial,
vs. Aggabao, G.R. No. 141332, (2003)] true report of
legislative, or other

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Official official proceedings 2. Communication may also be in a public

Proceedings which are not of
[RFC] confidential nature, or
[Art. 354(2)] 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. It is made in good
Faith; and
3. It is without any
Comments or
remarks.
[REYES, Book 2]
Actionable Privileged Communication
General Rule: The fact that a communication
is privileged does not mean that it is not
actionable; the privileged character simply
does away with the presumption of malice,
which the plaintiff has to prove in such a case.
[Lu Chu Siong vs. Lu Tian Chong, G.R. No. L-
122, (1946)]
document. [id.]
3. That the statement is a privileged
communication is a matter of defense - A
privileged communication is a matter of
defense and, like all other matters of
defense, must be established by the
accused. [REYES, Book 2]
Exception: When in the information itself it
appears that the communication alleged to
be libelous is contained in an appropriate
pleading in a court proceeding, the privilege
becomes at once apparent and defendant
need not wait until the trial and produce
evidence before he can raise the question
of privilege. [People vs. Andres, G.R. No. L-
14548, (1960)]
4. Defense may be overcome when the
prosecution shows that: [MT]
a. Defendant acted with Malice in fact; or
b. There is no reasonable ground for
believing the charge to be True. [REYES,
Book 2]

Exception: Absolute Privileged Under PC 2: Fair and True Report of Official

Communication is not actionable even if made
in bad faith. Absolute privileged communication
is specifically recognized in the Constitution –
it pertains to statements made in official
proceedings of Congress by members thereof,
as part of their parliamentary immunity
[REYES, Book 2].
Under PC 1: Private Communication Made
to Another in the Performance of a Legal,
Moral or Social Duty [Art. 354(1)]
1. Accusation must be made in private
communication. Thus, in a case where the
accused aired them in a public meeting
instead of making the accusations in
private, it is held that is not privileged.
[People vs. Jaring, C.A., 40 O.G. 3683]
NOTE: Unnecessary publicity destroys
good faith. [REYES, Book 2]
Proceedings [Art. 354(2)]
1. Communication must be pertinent and
material to the subject matter. It does not
protect any unnecessary defamation.
[REYES, Book 2]
2. Only matters "which are not of
confidential nature" may be published -
when the court, in any special case, has
forbidden the publication of certain records
in the interest of morality or decency the
same should not be published. [id.]
NOTE: Privilege has been strictly limited to
cases in which the right of access is secured
by law [id.]
Enumeration under Art. 354 is Not an
Exclusive List of Qualifiedly Privileged
Communication

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

It is rendered more expansive by the performance of his

Constitutional guarantee of freedom of the public duties, and
press. [Borja vs. CA, G.R. No. 126466, (1999)] falsely charges him
1. Doctrine of Fair Comment - while in with evil motives,
general every discreditable imputation clearly designed to
publicly made is deemed false, because destroy his
every man is presumed innocent until his reputation or
guilt is judicially proved, and every false besmirch his name.
imputation is deemed malicious,
nevertheless, when the discreditable c. Art. 355 – Libel by Means of
imputation is directed against a public Writings or Similar Means
person in his public capacity, it is not
necessarily actionable. [Borja vs. CA, id.]
Libel is Committed by Means of:
[WET-CAP-PPLR]
2. Statements made in self defense or in 1. Writing;
mutual controversy are often privileged 2. Engraving;
[People vs. Baja, CA 40 OG] 3. Theatrical exhibition;
4. Cinematographic exhibition;
3. The person libeled is justified to hit back 5. Any similar means;
with another libel [REYES, Book 2] 6. Printing;
7. Phonograph;
General Rule: The defamatory statements 8. Painting;
made by the accused must be a fair answer 9. Lithography; or
to the libel made by the supposed offended 10. Radio
party and must be related to the imputation
made. [id.]
Permanent Nature of Publication
The word "radio" used in said Art. 355, should
Defamatory Remarks against Public be considered in relation to the terms with
Officers which it is associated, all of which have a
General Rule: Defamatory remarks and common characteristic, namely, their
comments on the conduct or acts of public permanent nature as a means of publication.
officers which are related to the discharge of Thus, defaming through an amplifier
their official duties will not constitute libel is the constitutes the crime of oral defamation or
defendant proves the truth of the imputation. Slander under Art. 358. [People vs. Santiago,
[id.] G.R. No. L-17763]
Exception: Any attack upon the private Similarly, although the medium of television is
character of the public officer on matters which not expressly mentioned, it easily qualifies
are not related to the discharge of their official under the general provision "or any similar
functions may constitute libel. [People vs. Del
means." [REYES, Book 2]
Fierro, G.R. No. 3599-R, (1950)]
Libelous Remarks in the Heat of Passion;
Criticism vs. Defamation [REYES, Book 2]
Considered Threat not Libel
Criticism Defamation [Art. In such case, the offense committed is clearly
353] and principally that of threats; the statements
Deals only with such Follows a public derogatory to a person named do not constitute
things as shall invite officer into his an independent crime of libel. [People vs.
public attention or private life which Yebra, G.R. No. L-14348, (1960)]
call for public has no connection
comment. with the

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

d. Art. 356 – Threatening to Publish e. Art. 357 – Prohibited Publication of

and Offer to Prevent such Acts Referred to in the Course of
Publication for a Compensation Official Proceedings

Punishable Acts: [TP] Elements: [REMPO]

1. Threatening another to publish a libel 1. Offender is a:
concerning him, or his parents, spouse, a. Reporter;
child, or other members of his family. b. Editor; or
2. Offering to Prevent the publication of such c. Manager of a newspaper daily or
libel for compensation, or money magazine.
consideration. 2. He publishes facts connected with the
Private life of another; and
NOTE: Acts under this article may be known as 3. Such facts are Offensive to the honor, virtue
blackmail. [REYES, Book 2] and reputation of said person.

Blackmail NOTE: Prohibition applies even if such

May be defined as any unlawful extortion of publication is made in connection with or under
money by threats of accusation or exposure. the pretext that it is necessary in the narration
● Two words are expressive of the crime — of any judicial or administrative or judicial
hush money. [U.S. vs. Eguia, et al., G.R. proceeding.
No. 13540, (1918)]
Art. 357 constitutes the so-called "Gag
Felonies Wherein Blackmail is Possible: Law."
[LT] Newspaper reports on cases pertaining to
1. Light threats. (Art. 283) adultery, divorce, issues about the legitimacy
2. Threatening to publish, or offering to of children, etc., will necessarily be barred from
prevent the publication of, a libel for publication. [REYES, Book 2]
compensation. (Art. 356)
Revelation of Source of News
Light Threats vs. Threatening to Publish or General Rule: The publisher, editor, columnist
Prevent Publication or duly accredited reporter of any newspaper,
Light Threats Threatening to magazine or periodical of general circulation
[Art. 283] Publish or cannot be compelled to reveal the source of
Preventing any news report or information appearing in
Publication
said publication [Sec. 1, RA 1477]
[Art. 356]
As to the Act Committed
Exception: When the court or a House or
Offender threatens 1. Threatens another
another to commit an to publish a libel; or committee of Congress finds that such
act which does not 2. Offering to prevent revelation is demanded by the security of the
amount to a crime a publication of a State. [id.]
libel
As to Demand for Money f. Art. 358 – Slander
Demand for money or Demanding money or
imposition of any asking for monetary Slander (Oral Defamation)
condition is an compensation is Libel committed by oral or speaking of base
essential element essential in Mode 2
(Offer to Prevent). and defamatory words which tend to prejudice
another in his reputation, office, trade,
business or means of livelihood. [Villanueva vs.
People, G.R. No. 150351, (2006)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

NOTE: Slander need not be heard by the Examples of Slander by Deed

offended party. There is oral defamation, 1. Slapping the face of another - slander by
even if other persons and not the offended deed if the intention of the accused is to
party heard the slanderous words, because a cause shame and humiliation. [People vs.
person's reputation is the estimate in which Delfin, G.R. Nos. L-15230 & L-15979-81,
others hold him [REYES, Book 2] (1961)]
2. Pointing “dirty finger” or flipping off
Kinds of Oral Defamation: [SG] someone is simple slander by deed – the
1. Simple slander act connotes the phrase "Fuck You," which
2. Grave slander (when it is of a serious and is similar to the expression "Puta" or
insulting nature). [REYES, Book 2] "Putang Ina mo," in local parlance. While it
may have cast dishonor, discredit or
Factors Affecting Gravity of Slander: contempt, said act is not of a serious
[EPCS] nature. [Villanueva vs. People, G.R. No.
1. Expressions used 160351, (2006)]
2. Personal relations of the accused and the
offended party Maltreatment by Deed vs. Slander by Deed
3. Circumstances surrounding the case; and Maltreatment by Slander by Deed
4. Social Standing and position of the Deed [Art. 356]
offending party [id.] [Art. 266]
As to the Act Punished
“Putang ina mo” is a common expression Ill-treatment of Any act performed
The words, "Agustin, putang ina mo" is a another by deed, on another, not
common expression in the dialect that is often without causing any being included in
employed not really to slander but rather to injury any other crime of
express anger or displeasure. It is seldom, if honor, in the
ever, taken in its literal sense. [Reyes vs. Ex. Slapping of face presence of others,
People, G.R. No. L-21528 (1969)] without intent to which dishonors,
cause dishonor discredits or causes
g. Art. 359 – Slander by Deed contempt to another
party.
Elements: [NP-DDC]
1. Offender performs any act Not included in Ex. Slapping with
any other crime against honor. intent to cause
2. Such act is performed in the Presence of dishonor
other person or persons. As to Humiliation/Shame
3. Such act casts Dishonor, Discredit or Suffering of shame Offended party
Contempt upon the offended party. or humiliation is not suffered from shame
[REYES, Book 2] required. or humiliation
caused by the
Kinds of Slander by Deed: maltreatment.
1. Simple slander by deed, and As to Intent to Dishonor
2. Grave slander by deed (of a serious nature). Not Required Required
[id] [REYES, Book 2]

NOTE: Gravity is affected by the social

standing of the offended party, the
circumstances under which the act was
committed, the occasion, etc. [id]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Unjust Vexation vs. Acts of Lasciviousness 3. Editor or business Manager of a daily

vs. Slander by Deed newspaper, magazine or serial publication.
Unjust Acts of Slander by 4. Owner of the printing plant which publishes
Vexation Lasciviousnes Deed a libelous article with his consent and all
[Art. s [Art. 356] other persons who in any way participate in
287] [Art. 336] or have connection with its publication.
As to the Act Punished [REYES, Book 2]
Act which The Any act
does not commission of performed on Venue [Art. 360(3), RPC]
produce a lewd act to another, not The criminal and civil actions for damages in
material a person of being case of written defamations shall be filed
physical either sex with included in simultaneously or separately with the RTC of
harm, but force, or any other the province or city: [PR]
unjustly deprivation of crime of 1. Where the libelous article is Printed and
annoys or reason or honor, in the first published; or
vexes fraudulent presence of 2. Where any of the offended parties actually
another machination others, which Resides at the time of the commission of
or when the dishonors, the offense.
victim is under discredits or
12 years causes Venue when Party is a Public Officer v.
contempt to Private Individual
another Public Officer Private Individual
party. 1. If officer holds Action shall be filed
As to Intent his office in the before:
To annoy To commit a To humiliate City of Manila – 1. CFI of the
or vex lewd act; no or dishonor the action shall province or city
intent to have be filed before: where he
sexual a. CFI of the actually resides
intercourse. City of at the time of the
[REYES, Book 2] Manila; or commission of
b. City or the offense or
NOTE: Kissing a girl in public and touching her province 2. Where the
breast without lewd designs, committed by a where the libelous matter is
rejected suitor to cast dishonor on the girl was libelous printed and first
held to be slander by deed and not acts of article is published. [Art.
lasciviousness. [People vs. Valencia, CA-G.R. printed and 360 (3), RPC]
No. 4136-R, (1950)] first
published.
SECTION 2. GENERAL PROVISIONS 2. If the public
officer does not
h. Art. 360 – Persons Responsible for hold office in the
City of Manila –
Libel
the action shall
be filed before:
Persons Liable: [PEMO]
a. CFI of the
1. Person who Publishes, exhibits or causes
province or
the publication or exhibition of any
city where he
defamation in writing or similar means.
held office at
2. Author or Editor of a book or pamphlet.
the time of
commission

Page 273 of 277

U.P. BOC CRIMINAL LAW II
of the offense
or
b. Where the
libelous
article is
printed and
first
published.
[Art. 360 (3),
RPC]
NOTE: Civil action shall be filed in the same
court where the criminal action is filed and vice
versa. Moreover, court where the criminal
action or civil action for damages is first filed
shall acquire jurisdiction to the exclusion of
other courts [Art. 360(3), RPC].
i. Art. 361 – Proof of Truth
Proof of Truth is admissible in any of the
following instances: [CG]
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 act or omission
imputed does not constitute a crime,
provided, it is related to the discharge of his
official duties. [REYES, Book 2]
Requisites to be Considered as Defense in
Defamation. Under Art. 361 (1), proof of the
truth is not enough, it must also be proven that:
[TMJ]
1. The matter charged as libelous is True;
2. It was published with good Motives; and
3. It was published for Justifiable ends [Art.
361, RPC]
Mitigation of Damages
Damages may be mitigated when:
1. There is a retraction published, which must
contain an admission of the falsity of the
libelous publication and evince a desire to
repair the wrong occasioned thereby
[Sotelo Matti v. Bulletin Publishing, G.R.
No. L-11202, (1918)]
Page 274 of 277
CRIMINAL LAW
2. That the publication of the article was an
honest mistake is not a complete defense
but serves only to mitigate damages where
the article is libelous per se. [REYES, Book
2.]
Direct Evidence
The proof of the truth of the accusation cannot
be made to rest upon mere hearsay, rumors or
suspicion. It must rest upon positive, direct
evidence upon which a definite finding may be
made by the Court. [U.S. vs. Sotto, G.R. No.
13990, (1918)].
j. Art. 362 – Libelous Remarks
Libelous remarks or comments connected with
the matter privileged under the provisions of
Article 354 (Requirement for Publicity), if made
with malice, shall not exempt the author thereof
nor the editor or managing editor of a
newspaper from criminal liability. [Art. 362,
RPC]
Example: The author or the editor of a
publication who distorts, mutilates or discolors
the official proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter. [REYES, Book 2]
2. Chapter II – Incriminatory
Machinations
a. Art. 363 – Incriminating Innocent
Persons
Elements: [PIIN]
1. Offender Performs an act;
2. By such act he directly Incriminates or
imputes to an Innocent person the
commission of a crime; and
3. Such act does Not constitute perjury.
NOTE: This article is limited to "planting"
evidence and the like, which tends to cause
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

false prosecution. [People vs. Rivera, G.R.
Nos. L-38215 & 38216, (1933)]
The two offenses form a complex crime, as the
two acts imputed to the accused had closely
followed each other, and that the former was a
necessary means to commit the latter, which is
only one crime. [People vs. Alagao, et al., G.R.
No. L-20721, (1966)]
b. Art. 364 – Intriguing Against Honor
Elements: [IB]
1. Offender makes an Intrigue; and
2. Principal purpose of such intrigue is
Blemishing the honor or reputation of
another
Intriguing Against Honor
Any scheme or plot designed to blemish the
reputation of a person by means which consist
of some trickery.
● Akin to slander by deed, in that the offender
does not avail directly of written or spoken
words, pictures or caricatures to ridicule his
victim but of some ingenious, crafty and
secret plot, producing the same effect.
[REYES, Book 2

Incriminating Innocent Persons vs. Perjury by Making False Accusation

Intriguing Against Incriminating Perjury by Making Defamation Slander
Honor Against Persons False [Art. 353] [Art. 358]
[Art. 364] [Art. 363] Accusations
[Art. 183]
Gravamen of the Offense
Offender makes an Offender directly False imputation is Imputation made must be
intrigue to blemish incriminates or made before a public and malicious, and
the honor or imputes to an competent person calculated to cause the
reputation of innocent person the authorized to dishonor, discredit or contempt
another commission of a administer an oath, of the aggrieved party.
crime, but does not in cases in which
avail himself of the law requires.
written or spoken
words in
besmirching the
victim's reputation.
As to the Manner of Commission
Consists of some Limited to the act of Involves giving of Involves the Oral or
tricky and secret planting evidence false statement imputation of spoken
plot. and the like, in order under oath or the a crime, or a imputation of
to incriminate an making of a false vice or defect, a crime, or a
innocent person. affidavit, imputing real or vice or defect,
to a person the imaginary, or real or
commission of a any act or imaginary, or
crime. omission or any act or
status. omission or
status
As to the Source of Derogatory Remarks
Source cannot be
Source can be determined
determined
[REYES, Book 2]

Page 275 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Reckless v. Simple Imprudence

Reckless Simple
N. QUASI-OFFENSES Imprudence Imprudence
[FaV-MD-P] [PN]
1. Offender does or 1. There is lack of
Fails to do an Precaution
1. Sole Chapter act; displayed by the
2. The doing of or offender;
a. Art. 365 – Criminal Negligence the failure to do 2. Damage
that act is impending to be
Punishable Acts: [RSPF] Voluntary; caused is Not
1. Committing through Reckless imprudence 3. It was without immediate nor is
any act which, had it been intentional, would Malice; the danger
constitute a grave or less grave felony or 4. Material clearly manifest.
light felony. Damage results.
2. Committing through Simple imprudence or 5. There is
negligence an act which would otherwise inexcusable lack
3. a grave or a less serious felony. of Precaution on
4. Causing damage to the Property of another the part of the
through reckless imprudence or simple offender, taking
imprudence or negligence. into
5. Causing through simple imprudence or consideration
negligence some wrong which, if done his: [EDO]
maliciously, would have constituted a light a. Employment
Felony. [Art. 365, RPC] or
NOTE: Imprudence or negligence is not a occupation;
crime in itself; it is simply a way of committing b. Degree of
a crime. [REYES, Book 2] intelligence,
physical
Qualifying Circumstance condition;
Failing to lend help is a qualifying and
circumstance. [Art. 365, RPC] c. Other
circumstance
Imprudence vs. Negligence s regarding
Imprudence Negligence persons, time
As to the Nature of the Action and place.
Deficiency of action Deficiency of [REYES, Book 2]
or failure in perception or failure
precaution in advertence NOTE: There must be injury to person/s or
To Avoid the Wrongful Acts damage to property as a result of the
By taking the By paying proper imprudence [id.]
necessary attention and using
precaution once due diligence in Test of Negligence – Picart Test
they are foreseen. foreseeing them. Would a prudent man, in the position of the
As to Effect person to whom negligence is attributed,
Both are merely means of committing a foresee harm to the person injured as a
crime, thus are not crimes in themselves. reasonable consequence of the course about
[REYES, Book 2] to be pursued? If so, the law imposes a duty on
the actor to refrain from that course or to take
precaution against its mischievous results, and

Page 276 of 277

U.P. BOC CRIMINAL LAW II
the failure to do so constitutes negligence.
[Picart vs. Smith, G.R. No. L-12219, (1918)]
Concurrent Negligence
Where the concurrent or successive negligent
acts or omission of two or more persons,
although acting independently of each other
are, in combination, the direct and proximate
cause of a single injury to a third person, and it
is impossible to determine in what proportion
each contributed to the injury, either is
responsible for the whole injury, even though
his act alone might not have caused the entire
injury. [REYES, Book 2]
Doctrine of Last Clear Chance
A person who has the last clear chance or
opportunity of avoiding an accident,
notwithstanding the negligent acts of his
opponent or that of a third person imputed to
the opponent is considered in law solely
responsible for the consequences of the
accident [Bustamante vs. CA, G.R. No. 89880,
(1991)]
Emergency Rule
An automobile driver who, by the negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid a collision or
injury is not guilty of negligence if he makes
such a choice which a person of ordinary
prudence placed in such a position might make
even though he did not make the wisest choice.
[REYES, Book 2]
Requisites for the Emergency Rule to
Apply:
The situation must be: [SDN]
1. Sudden and unexpected;
2. Deprive him of all opportunity for
deliberation; and
3. It must be such that the actor must have No
knowledge that unusual consequences may
result from his act [id.]
Medical Negligence - Test
Whether or not a physician has committed an
"inexcusable lack of precaution" in the
treatment of his patient is to be determined
Page 277 of 277
CRIMINAL LAW
according to the standard of care observed by
other members of the profession in good
standing under similar circumstances bearing
in mind the advanced state of the profession at
the time of treatment or the present state of
medical science. [Cruz vs. CA, G.R. No.
122445, (1997)]
Reckless Imprudence is a Single Crime
Its consequences on persons and property are
material only to determine the penalty, thus
prior conviction or acquittal of reckless
imprudence bars subsequent prosecution for
the same quasi-offense. [Ivler vs. Modestor-
San Pedro, G.R. No. 172716, (2010)]
Penalties provided in Art. 365 are not
applicable in the following cases: [PA]
1. When the Penalty provided for the offense
is equal to or lower than those provided in
the first 2 paragraphs of Art. 365;
2. When by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused [REYES,
Book 2]
The following provisions does not apply to
acts penalized under Art. 365:
1. Art. 64; Art. 64 relative to mitigating and
aggravating circumstances is not
applicable to crimes committed through
negligence. [People vs. Medroso, Jr., G.R.
No. L-37633, (1975)]
2. Art. 48; Art. 48 is a procedural device
allowing single prosecution of multiple
felonies meanwhile Art. 365 is a
substantive rule penalizing not an act
defined as a felony but "the mental attitude
behind the act, the dangerous
recklessness, lack of care or foresight”.
There is a single mental attitude regardless
of the resulting consequences. Thus, Art.
365 was crafted as one quasi-crime
resulting in one or more consequences.
[REYES, Book 2.]
NOTE: Contributory negligence is not a
defense but only mitigates criminal liability.
[REYES, Book 2]