Continuing

Professional
Development (CPD)
RA 10912
Maria Luisa G. Ratilla
Deputy City Prosecutor
Cebu City
 INQUEST
I. GENERAL RULES
A. CONCEPT

Inquest is an informal and summary investigation

conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for
the purpose of determining whether or not said
persons should remain under custody and
correspondingly be charged in court.
B. COVERAGE
The conduct of inquest proceedings covers the following:
All offenses covered under the Revised Penal Code and
special laws, rules and regulations;
Where the respondent is a minor (below [18] years old),
the inquest investigation shall cover only offenses punishable
by imprisonment of not less than six (6) years and one (1)
day, provided that no inquest investigation shall be conducted
unless the child-respondent shall have first undergone the
requisite proceedings before the Local Social Welfare
Development Officer pursuant to the Rules on Inquest With
Respect to Children in Conflict With the Law (CICL) (please
refer to Department Circular No. 39,s .2007 on the “Rules on
Inquest with respect to Children in Conflict with the Law as
Defined Under Republic Act No. 9344, Otherwise Known as the
“Juvenile Justice and Welfare Act of 2006”).
C. DESIGNATION OF AN INQUEST
PROSECUTOR

The Chief State Prosecutor or the Provincial/ City Prosecutor

shall designate the prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a list of their
names and their schedule of assignments. If, however, there is
only one prosecutor in the area, all inquest cases shall be
referred to him for appropriate action.
D. VENUE OF INQUEST CASES

Unless otherwise directed by the Chief State Prosecutor

or the Provincial/City Prosecutor, those assigned to
inquest duties shall discharge their functions during the
hours of their designated assignments and only at the
police stations headquarters of the PNP or at the office of
the inquest prosecutor in order to expedite and facilitate
the disposition of inquest cases.
E. DATE AND TIME OF THE CONDUCT OF INQUEST
PROCEEDINGS

Inquest proceedings may be conducted at

any time of the week. However, where an
inquest falls on a non-working day, Saturday,
Sunday and holiday, and a prosecutor is not
available, the inquest proceedings shall be
conducted on the first office day following the
arrest (Medina vs. Orozco, Jr. 18 SCRA 1168)
II. PROCEDURE
A. COMMENCEMENT OF THE INQUEST
PROCEEDINGS

1. When Commenced

The inquest proceedings shall be considered commenced upon

receipt by the inquest prosecutor of the following documents:

a. the affidavit of arrest duly subscribed and sworn to before

him by the arresting officer

b. the investigation report;

c. the sworn statements of the complainant/s and
witness/es; and

d. Other supporting pieces of evidence gathered by the

police in the course of the latter’s investigation of the
criminal incident involving the arrested or detained
person.

NOTE: The sworn complaint shall be accompanied by an

accomplished Preliminary Investigation Data Form (please
refer to NPS Investigation Form No.01,s 2008) and other
supporting documents.
 2. Documents Required in Specific Cases
The inquest prosecutor shall, as far as practicable,
require the submission/ presentation of the documents
listed below to wit:

a. Murder, Homicide and Parricide

1. certified true/ machine copy of the certificate of death

of the victim

2. autopsy report and the certificate of post-mortem

examination, if readily available

3. marriage certificate in parricide cases.

b. Frustrated or Attempted Homicide,
Murder, Parricide and Physical Injuries

1. medical certificate of the complaining witness showing

the nature or extent of the injury and duration of
healing

2. certification or statement as to duration of the

treatment or medical attendance

3. certificate or statement as to duration of incapacity for

work

4. marriage certificate in frustrated or attempted

parricide cases.
 c. Violation of the Dangerous Drugs
Law/ Comprehensive Dangerous Drugs
Act of 2002 (RA 9165)

1. Chemistry report or certificate of laboratory

examination duly signed by the forensic chemist or
other duly authorized officer, or if available, the field
test results on the seized drug, as attested to by a
PNP Narcotics Command operative or other
competent person, in which case, the inquest
prosecutor shall direct the arresting officer to
immediately forward the seized drug to the crime
laboratory for expert testing and to submit the final
forensic chemistry report to the prosecutor’s office
within five (5) days from the date of the inquest
2. Machine copy or photograph of the buy-bust money, if
available

3. Affidavit of the poseur-buyer, if any

d. Theft and Robbery, Violation of the Anti-

Piracy and Anti- Highway Robbery Law (PD
532) and Violation of the Anti- Fencing Law (PD
1612)

1. a list/ inventory of the articles and items subject of the

offense; and

2. statement of their respective values.

 e. Rape, Seduction and Forcible
Abduction with Rape

1. the medico-legal report (living case report), if victim

submitted herself for medical or physical
examination.
f. Violation of the Anti- Carnapping Law
(RA6539)
1. machine copy of the certificate of motor vehicle
registration;

2. machine copy of the current receipt of payment of the

registration fees of the subject motor vehicle;

3. Photograph of the vehicle, if ready available;

4. certification from the Traffic Management Group/ Land

Transportation Office

5. other evidence of ownership.

 g. Violation of the Anti-Cattle Rustling
Law (PD 533)
1. machine copy of the cattle certificate of registration;
and

2. photograph of the cattle, if available.

h. Violation of Illegal Gambling Law (PD

1602)
1. gambling paraphernalia;
2. photograph of the gambling paraphernalia, any if;
and
3. cash money, if any.
i. Illegal Possession of Firearms,
Ammunition and Explosives (PD 1866 as
amended by RA 8294 then RA 10591
Codifying the Laws on Illegal/Unlawful
Possession etc.
1. chemistry report duly signed by the forensic chemist;
and

2. photograph of the explosives, if available.

3. ballistics report, if readily available.

 j. Violation of the Fisheries Law (PD 704)

1. Photograph of the confiscated fish, if readily available;

2. Photograph of fishing paraphernalia, if any; and

3. Certification of the Bureau of Fisheries and Aquatic

Resources.
 k. Violation Against Women and Children
of RA 9262 (VAWC)

1. marriage contract/ certificate; or

2. affidavit/evidence of “dating relationship”, if applicable

3. barangay protection order (BPO), if any.

 In case where the victim/ offender is a
minor, the inquest prosecutor shall require
the submission of the following:

1. birth certificate; or

2. dental chart accompanied by a certification from the

dentist, or

3. affidavits of any of the parent/disinterested parties;

4. Certificate of discernment from the LSWD in cases

covered by RA 9344 (the Juvenile Justice and Welfare
Act).
Other pieces of evidence may also be submitted to
establish the commission of the foregoing
offenses/crimes.

3. Incomplete Documents

When the documents presented are not complete to

establish probable cause, the inquest prosecutor shall
direct the law enforcement authorities to submit in the
proper form, the required evidence within the period
prescribed under the provisions of Article 125 of the
Revised Penal Code, as amended.
4. Instances Where the Presence of the
Detained Person is Dispensed With

The presence of the detained person who is under

custody shall be ensured during the proceedings. His
presence may, however, be dispensed with in the
following cases:

a. If he is confined in a hospital; or

b. If he is detained in a place under maximum security;

The absence of the detained person for any of the

foregoing reasons shall be noted by the inquest
prosecutor and reflected in the record of the case.
 5. Charges and Counter- Charges

All charges and counter-charges arising from the same

incident shall, as far as practicable, be consolidated, and
the conduct of the inquest proceedings shall be held
jointly to avoid contradictory or inconsistent dispositions.
6. Determination of the Arrest by the
Inquest Prosecutor

The inquest prosecutor shall first determine if the arrest

of the detained person was made in accordance with
paragraphs (a), (b) and (c) of Sec.5, Rule 113 of the
Revised Rules on Criminal Procedure which provide that
arrests without a warrant may be effected.(Go vs.Court
of Appeal,206 SCRA 138 [1992]; Umil,et.al. vs. Ramos,
202 SCRA 251 [1991] and companion cases People vs.
Malmstedt, 198 SCRA 401 and People vs. Aminnudin,
163 SCRA 402 [1998]).
a. when, in the presence of the arresting officer, the
person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
or

b. when an offense has in fact just been committed, and

the arresting officer has probable cause to believe,
based on personal on personal knowledge of facts or
circumstances, that the person to be arrested has
committed it; and
c. when the person to be arrested is a prisoner who has
escaped from a penal establishment or place where
he is serving final judgment or is temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
Meaning of Probable Cause in Inquest Cases

Probable cause means an actual belief or reasonable

grounds of suspicion ( People vs. Tutud, GR No. 144037,
Sept. 26, 2003) that the person to be arrested is about
to commit or is attempting to commit a crime, or is in the
act of committing a crime, or has committed a crime,
either in the presence or without the presence of the
arresting officer.
 7. Where Arrest of the Detained Person
was Not Properly Effected
Should the inquest prosecutor find that the
arrest was not made in accordance with the
aforesaid provisions of the Revised Rules on
Criminal Procedure, he shall:
 Recommend the release of the person arrested
or detained;
 Prepare a resolution indicating the reasons for
the action taken; and
 Forward the same, together with the record of
the case, to the Chief State or Provincial/ City
Prosecutor for appropriate action.
 8. Where the Arrest of the Detained
Person was Properly Effected
Should the inquest prosecutor find that the
arrest was properly effected, the detained
person shall be asked if he desires to avail
himself of a preliminary investigation and, if he
does, the consequences there if must be
explained to him adequately.
The detained person, with the assistance
of a lawyer of his own choice, shall then be
made to execute a waiver of the provisions of
Article 125 of the Revise Penal Code, as
amended.(please refer to NPS INQ Form No. 04,
s. 2008)
B. INQUEST PROPER

Where the detained person does not opt

for a preliminary investigation or otherwise
refuses to execute the required waiver (under
Article 125), the inquest prosecutor shall proceed
with the conduct of the inquest proceeding,
notwithstanding the absence of a counsel, by
examining the sworn statements/ affidavits of
the complainant and the witnesses and other
supporting evidence submitted.
 1. Contents of the Information
The Complainant/ Information shall , among
others, contain:

a. a certification by the filing prosecutor that he is filing

the same in accordance with the provisions od Sec. 6,
Rule 112, Revised Rules on Criminal Procedure in
cases cognizable by the Regional Trial Court;

b. The full name and aliases,if any, of the accused;

c. unidentified accused person/s designated as “John/

Jane Does”, if he/she is in conspiracy with the
identified accused;
d. the address of the accused;

e. the place where the accused is actually detained;

f. The full names and addresses of the complainant and

witnesses;

g. Description of the items subject matter of the

complaint, if there are any;
h. the full name and address of the evidence custodian;

i. the age of the complainant or the accused, if below

eighteen (18) years of age;

j. the full names and addresses of the parents,

custodians or guardians of the minor complainant or
accused, as the case may be;

k. Attendance of aggravating and/ or qualifying

circumstances, if any.
2. Action to be Taken When There is an
Absence of Probable Cause
If the inquest prosecutor finds no probable cause to
indict the arrested/ detained person, he shall:

a. recommend the release of the arrested/ detained person;

(please refer to NPS INQ Form No. 02,s.2008).

b. Prepare a resolution of dismissal indicating therein the

reasons for the action taken; and

c. Forthwith forward the record of the case to the Chief

State Prosecutor or Provincial / City Prosecutor for
appropriate action.
When the Chief State Prosecutor or the
Provincial / City Prosecutor sustains the
recommendation of the inquest prosecutor for
the dismissal of the complaint, the record of the
case shall forthwith be forwarded to the Office of
the Secretary or the Office of the Regional State
Prosecutor as the case maybe, for automatic
review. (please refer to DOJ Circular No.
46,s.2003 on “Automatic Review of Dismissed
Cases Involving RA 9165 [Comprehensive
Dangerous Drugs Act of 2002]”).
 3. Action to be Taken When the Arrested
Person Executes Waiver of Article 125 of
the Revised Penal Code.

Should the arrested person execute a waiver, the inquest

prosecutor shall set the case for preliminary investigation
which shall be terminated within fifteen (15) days from
the execution of the waiver.
4. Posting of Bail by the Arrested/
Detained Person

 If offense is bailable

 If offense is non-bailable
5. Termination of Inquest Proceedings

The inquest proceedings must be terminated within the

period prescribed under the provisions of Article 125 of
the Revised Penal Code, as amended.

(12 hours for light offenses; 18 hours for less grave

offenses; 36 hours for grave offenses counted from the
time of arrest).
However, the following factors are taken
consideration in determining whether or not Article
125 of the Revised Penal Code has been violated;
 the means of communication

 The hour of the arrest

 Other circumstances such as:

a. the time of surrender; and

b. the material possibility for the prosecution to

make the investigation and file in time the
corresponding Information because of the following
reasons:
- Availability of the clerk of court to open the
courthouse, docket the case and have the order of
commitment prepared; or

 Availability of the judge to act on the case; or

 The fact that government offices open for

business transactions at 8:00 o’clock in the morning
and close at 5:00 o’clock in the afternoon
The period prescribed in Article 125 of the
Revised Penal Code shall not be applicable when
the persons arrested/ detained without the
benefit of a warrant of arrest issued by the court
are children defined under Republic Act No.
9344,otheriwse known as the “Juvenile Justice
and Welfare Act of 2006.”
 III. OTHER MATTERS
A. PRESENCE OF THE INQUEST PROSECUTOR
AT THE CRIME SCENE

Whenever a dead body is found by the law enforcement

authorities and there is reason to believe that the death
of the person resulted in foul play, or from the unlawful
acts or omissions of other persons and such fact has
been brought to his attention, the prosecutor shall:

1. forthwith proceed to the crime scene or place of

discovery of the dead person;
2. cause the immediate autopsy of the dead person to
be conducted by the appropriate medico- legal officer
in the locality or the PNP medico legal division or the
NBI medico-legal office, as the case may be;

3. Direct the police investigator to cause the taking of

photographs of the crime scene or place of discovery
of the dead body;
4. Supervise the crime scene investigation to be
conducted by the police authorities as well as the
recovery of all articles and pieces of evidence found
thereat; to see to it that the same are safeguard; and
that the chain of the custody thereof be properly
recorded; and

5. Submit a written report of his/her finding to the Chief

State Prosecutor or the Provincial/City Prosecutor as
the case may be for appropriate action.
B. Sandiganbayan Cases

Should any complaint cognizable by the Sandiganbayan

be referred to an inquest prosecutor for the conduct of
inquest proceedings, the latter shall refrain from
accepting the same and shall advise the law enforcer to
file the complaint before the Office of the Ombudsman or
the Office of the Special Prosecutor through any of the
branch clerk court of the locality.
C. Absence or Unavailability of the Inquest
Prosecutor

The inquest prosecutor shall take appropriate remedial

measures to correct any defect in the complaint when
the same has been filed directly before the court by the
police officer or the offended party because of the
unavailability of an inquest prosecutor.
D. Recovered Articles

Responsibility of the Inquest Prosecutor:

The inquest prosecutor shall:

a. See to it that all the articles recovered by the law

enforcement authorities at the time of the arrest or
apprehension of the arrested/detained person are
physically inventoried, checked and accounted for;

b. Make sure that the corresponding photographs of the

recovered articles/ properties are taken and which
photographs should be attached to the record of the
case; and
c. Ensure that the items recovered are duly
safeguarded by the law enforcer and the
chain of custody is properly recorded.

Deposit of Recovered Articles/Properties:

The said articles shall be properly deposited by the police

investigator with the police evidence custodian.
E. Release of Recovered Articles

The inquest prosecutor, with the prior approval of the

Chief State Prosecutor or the Provincial/ City Prosecutor
or his duly authorized representative, order the release
(please refer to NPS INQ Form No. 06, s. 2008) of
recovered articles to their lawful owner or the possessor,
subject to conditions.
IV. RELEVANT JURISPRUDENCE
2. After the filing of the information in court
without preliminary investigation, the accused
may, within five (5) days from the time he
learns of its filing, ask for a preliminary
investigation with the same right to adduce
evidence in his defense as provided under
Sec.6, Rule 112 of the Rules on Criminal
Procedure. This five-day rule mandatory
(People vs. Figueroa, 27 SCRA 1239 [1969])
3. Reliable information alone, absent any overt act
indicative of a felonious enterprise in the presence of
and within the view of the arresting officers, are not
sufficient to constitute probable cause that would
justify an in flagrante delicto arrest ( People vs.
Molina, GR No. 133917, February 19, 2001, en banc;
People vs. Chua, 396 SCRA 657; People vs. Nuevas,
G.R. No. 170233, February 22, 2007).
4. A warrantless arrest is not justified by the mere fact
that a crime is being committed in one’s presence.
The arresting officer must have personal knowledge
of such commission. The knowledge must precede
the arrest. The arrest cannot be justified by discovery
thereafter that the person was committing a crime
(People vs. Judge Laguio, GR NO.128587, March
16,2007).
5. Buy-bust operations are considered arrest in
flagrante delicto. (People vs. Lacap, 368 SCRA 64).

6. “Just been committed” connotes immediacy in point

of time (the time interval between the actual
commission of the crime and the arrival of the
arresting officer must be brief). (People vs. Del
Rosario, 305 SCRA 740 [1999])
7. A warrantless arrest made three (3) days after the
commission of the crime (People vs. Monda,
November 22, 1993, 48 SCAD 478, 228 SCRA 115) or
19 hours thereafter (People vs. Manlulu, April 22,
1994, 50 SCAD 71, 231 SCRA 701) were held to be
unlawful.
9. The “ personal knowledge” of the fact of rape which
was supplied by the rape victim herself to the
arresting officer falls within the purview of the
warrantless arrest (People vs. Alvario, 275 SCRA 529
[1997]).
1. Initiation of Criminal Complaint

a. Definition of Terms

1) Complaint. - is a sworn written statement charging a

person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged
with the enforcement of the law violated

2) Information. - is an accusation in writing charging a

person with an offense, subscribed by the prosecutor
and filed with the court

3) Criminal Action. - is one by which the State prosecutes

a person for an act or omission punishable by law.
a. Definition of Terms:

4. Felonies. - are acts or omissions punishable by law.

5. Jurisdiction. - is the inherent power of a court to hear,

try, and decide a case.

6. Venue. - refers to the place where the action is to be

instituted and tried. One dictionary defines venue as: "The
locality in which cause for legal action occurs; the locality
or country in which a case is tried and from which a jury is
impaneled"
b. Formal Requisites of Complaint/Information
The complaint or information shall be in writing, in the
name of the People of the Philippines and against all
persons who appear to be responsible for the offense
involved.
c. Sufficiency of complaint or information
A complaint or information is sufficient if it states the
name of the accused; the designation of the offense given by
the statute; the acts or omissions complained of as
constituting the offenses; the name of the offended party;
the approximate date of the commission of the offense; and
the place where the offense was committed.

When an offense is committed by more than one person,

all of them shall be included in the complaint or information.
d. Institution of Criminal Actions
Criminal actions shall be instituted as follows:

1) For offenses where a preliminary investigation is

required pursuant to section 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.

2) For all other offenses, by filing the complaint or

information directly with the Municipal Trial Courts and
Municipal Circuits Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered cities,
the complaint shall be filed with the office of the prosecutor
unless otherwise provided in special laws.
e. Effect of Institution of Criminal Action

The institution of the criminal action shall interrupt

the period of prescription of the offense charged unless
otherwise provided in special laws.

f. Place where the action is to be instituted

1. Subject to existing laws, the criminal action shall

be instituted and tried in the court of the municipality or
territory where the offense was committed or where any
of its essential ingredients occurred;
 2. Where an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried in the court of any
municipality or territory where said train, aircraft, or other
vehicle passed during its trip, including the place of departure
and arrival;

3. Where an offense is committed on board a vessel in

the course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or in any
municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of
international law.

4. Crimes committed outside the Philippines but

punishable under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first file.
g. Jurisdiction

The RTCs have jurisdiction over criminal cases

where the law imposes the penalty of imprisonment over
six (6) years.

The MTCs, MTCCs and MCTCs have jurisdiction

over criminal cases where the law imposes the penalty of
imprisonment not exceeding six (6) years.
 The MTCs, MTCCs and MCTCs have jurisdiction over
criminal cases subject to the REVISED RULE ON SUMMARY
PROCEDURE, as hereunder enumerated:

1. Violations of traffic laws, rules and regulations;

2. Violations of the rental laws;
3. Violations of municipal or city ordinance;
4. All other criminal cases where the penalty prescribed by
law for the offense charged is imprisonment not exceeding
six (6) months, or a fine not exceeding one thousand
pesos (P 1,000), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability
arising there from: Provided, however, That in offenses
involving damage to property through criminal negligence,
this Rule shall govern where the imposable fine does not
exceed ten thousand pesos (P10, 000.00).
h. Kinds of Evidence
1. Object or Real Evidence. - Objects as
evidence are those addressed to the senses of the court.
When an object is relevant to the fact in issue, it may be
exhibited to, examined or viewed by the court.

2. Documentary Evidence. - Documents as

evidence consist of writings or any material containing
letters, words, numbers, figures, symbols or other modes
of written expressions offered as proof of their contents.

3. Testimonial Evidence. - consisting of

testimonies of any person who can perceive, and
perceiving, can make known his perception to others.
2. Consultation with the Prosecution
a. General Rule on Prosecution of Criminal Actions
All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and
control of the prosecutor.

b. Exceptions
In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors,
the private prosecutor may be authorized in writing by the
Chief of the Prosecution Office or the Regional State
Prosecution to prosecute the case subject to the approval
of the Court. Once so authorized to prosecute the criminal
action, the private prosecutor shall continue to prosecute
the case up to the end of the trial even in the absence of
a public prosecutor, unless the authority is revoked or
otherwise withdrawn.
c. Specific rules, guidelines and circulars

The crimes of adultery and concubinage shall not be

prosecuted except upon a complaint filed by the offended
spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both are
alive, nor, in any case, if the offended party has consented
to the offense or pardoned the offenders.
c. Specific rules, guidelines and circulars

The offenses of seduction, abduction and acts of

lasciviousness shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. If the
offended party dies or becomes incapacitated before she
can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the
criminal action in her behalf.
 The offended party, even if a minor, has the right to initiate
the prosecution of the offenses of seduction, abduction and
acts of lasciviousness independently of her parents,
grandparents, or guardian, unless she is incompetent or
incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents,
or guardian may file the same. The right to file the action
granted to parents, grandparents, or guardian shall be
exclusive of all other persons and shall be exercised
successively.
 No criminal action for defamation which consists in the
imputation on any of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed
by the offended party.

The prosecution of complaints for violation of special

laws shall be governed by their provisions thereof.
Preliminary Investigation
a. Preliminary Investigation. - is an inquiry or
proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and
should be held for trial.

b. Preliminary Investigation, when mandatory -

A preliminary investigation is required to be conducted before
the filing of a complaint or information for an offense where
the penalty prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the fine.

c. Cases where Preliminary Investigation is not

required - Where the penalty imposable by law for the crime
or offense committed is less than four (4) years, two (2)
months and one (1) day, preliminary investigation is not
mandatory.
Where the penalties imposable by law are: (a) arresto menor -
one (1) day to thirty (30) days; or arresto mayor - one (1)
month and one (1) day to six (6) months no preliminary
investigation but referral to the Lupon under P.D. 1508
(Katarungang Pambarangay Law) is required.

d. Officers authorized to conduct Preliminary

Investigation

The following may conduct preliminary investigations:

1. Provincial or City Prosecutors and their assistants;

2. National and Regional State Prosecutors; and

3. Other officers as may be authorized by law.

Procedure in the conduct of Preliminary Investigation

1. The complaint shall state the address of the respondent

and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other
supporting documents to establish probable cause. They
shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to administer
oath, or, in their absence or unavailability, before a notary
public, each of whom must certify that he personally
examined the affiants and that he is satisfied that they
voluntarily executed and understood their affidavits.
2. Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.

The respondent shall have the right to examine the

evidence submitted by the complainant which he may not
have been furnished and to copy them at his expense. If
the evidence is voluminous, the complainant may be
required to specify those which he intends to present
against the respondent, and these shall be made available
for examination or copying by the respondent at his
expense.

Objects as evidence need not be furnished a party but shall

be made available for examination, copying, or
photographing at the expense of the requesting party.
3. Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for
his defense. The counter-affidavits shall be subscribed and
sworn to and certified as provided in paragraph (1), with
copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss
in lieu of a counter-affidavit.

4. If the respondent cannot be subpoenaed, or if

subpoenaed, does not submit counter-affidavits within the
ten (10) day period, the investigation officer shall resolve
the complaint based on the evidence presented by the
complainant.
5. The investigation officer may set a hearing if there are
facts and issues to clarify from a party or a witness. The
parties can be present at the hearing but without the right
to examine or cross-examine. They may, however, submit
to the investigating officer questions which may be asked
to the party or witness concerned.

The hearing shall be held within ten (10) days from the
submission of the counter-affidavits and other documents
or from the expiration of the period for their submission. It
shall be terminated within five (5) days.

6. Within ten (10) days after the investigation, the

investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.
Inquest Proceeding
a. Inquest proceeding, defined. - It is an informal and
summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained
without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said
person should remain under the custody and
correspondingly be charged in court.

b. Purpose; Duty of Inquest Officer - The initial duty of

the inquest officer is to determine whether or not the
arrest of the detained person was made in accordance
with paragraphs (a) and (b) of Section 5, Rule 113 of the
Rules on Criminal Procedure, which provides that an arrest
may be effected without the benefit of warrant issued by a
competent court.
c. How inquest proceedings commenced - The inquest
proceedings are commenced upon receipt by the Inquest
Officer from the law enforcement authorities of the
complaint or referral documents to include the following:

 Affidavit of Arrest;
 Investigation Report;
 Statement of the complainant and witnesses;
 Other supporting evidence gathered in the course of
the investigation (e.g. Certifications, photos, object
or real evidence);
 Criminal Incident involving the arrested or detained
person.
Inquest Proper

If the detention prisoner does not invoke his right to a

preliminary investigation of if the detainee refuses to
execute a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, the inquest officer shall
then proceed with the inquest by:

Examining the affidavits/sworn statement of the

complainant and his witnesses as well as other
supporting evidence to determine the existence of
probable cause;
If probable cause is established,the inquest officer shall then
proceed to prepare his resolution on inquest/recommendation
as well as the corresponding information in order that the
same may be filed in court; the records of the case are then
forwarded to the Chief State Prosecutor/Provincial/City
Prosecutor for his appropriate action;
If however, the inquest officer finds no probable cause,
he/she will then recommend in writing to the Chief State
Prosecutor/Provincial/City Prosecutor for the release of the
detained person. If the same is approved, then the order of
release shall be served upon the officer having custody of said
detained person. If on the other hand, his/her
recommendation for release is denied, the Chief State
Prosecutor/Provincial/City Prosecutor shall file the information
or cause the filing by any assistant prosecutor to whom the
case may be assigned. In the meantime, the respondent
shall remain under detention.
 Rights of the Accused

Constitutional Rights

 Right to bail except those charged with

offenses punishable by reclusion perpetua
(and/ or death) when evidence of guilt is
strong. (Sec. 13, Art. III)
 To be presumed innocent until the
contrary is proved, to be heard by himself
and counsel, to be informed of the nature
and cause of the accusation against him,
to have a speedy, impartial and public
trial, to meet the witnesses face to face,
and the right to compulsory process to
secure attendance of witnesses, and
production of evidence. (Sec., Art. III)
 Not to be compelled to be a witness
against himself. (Sec. 17, Art. III)
 Right against excessive fines or cruel,
degrading or inhuman punishment. (Sec.
19, Art. III)
 Right not to be put twice in jeopardy of
punishment for the same offense. (Sec. 2,
Art. III)
 Rule 113
Arrest
Remedy of the Prosecutor when no Warrant of Arrest was
Issued by the Judge

 If the investigating judge is satisfied that there is

probable cause but did not issue the warrant of arrest
contrary to the prosecutor/s belief that there is a need to
place the accused under custody, the speedy and
adequate remedy of the prosecutor is to immediately file
the Information so that the Regional Trial Court judge
may issue the warrant for the arrest of the accused.
(Samulde v. Salvani, Jr., 165 SCRA 724 [1988])
 Arrest
 If a warrant of arrest has been issued, the
prosecutor may request the warrant
officer that he be furnished with the
officer’s return relative thereto. The
prosecutor shall, as far as practicable,
coordinate with the witnesses from time to
time to ascertain the whereabouts of the
accused pending the latter’s arrest.
 Arrest
1. The grounds of suspicion are reasonable when,
in the absence of actual belief of the arresting
officers, the suspicion that the person to be
arrested is probably guilty of committing the
offense, is based on actual facts, i.e.
supported by circumstances sufficiently strong
in themselves to create the probable cause of
guilt of the person to be arrested. A
reasonable suspicion therefore must be
founded on probable cause, coupled “with
good faith on the part of the peace officers
making the arrest.” (People v. Doria, 301 SCRA
668)
 Arrest
2. An arrest signifies restraint on person,
depriving one of his own will and liberty,
binding him to become obedient to the will of
the law. (Larranaga v. Court of Appeals, 287
SCRA 589)

3. A letter-invitation is equivalent to arrest.

Where the invitation comes from a powerful
group composed predominantly of ranking
military officers and the designated
interrogation site as a military camp, this is
obviously a command or an order of arrest.
(Sanchez v. Demetriou, 227 SCRA 627 [1993].
 Arrest
4. A police officer is not justified in using
unnecessary force in effecting arrest or in
treating with wanton violence the arrested
person or in resorting to dangerous means
when the arrest could be effected otherwise.
(Galang v. People, G.R. No. 128536, January
31, 2000)

5. A warrant of arrest does not become stale of

functus oficio unlike a search warrant which is
valid only for ten days. A warrant of arrest
remains valid until arrest is effected or the
warrant lifted (Managan v. CFI, 189 SCRA 217)
 Arrest
Section 1. Definition of arrest. – Arrest is the taking
of person into custody in order that he may be bound to
answer for the commission of an offense.

Section 2. Arrest; how made. – An arrest is made by

an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the
arrest.
No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be subject
to a greater restraint than is necessary for his detention.
 Arrest
Section 3. Duty of arresting officer. – It shall be the
duty of the officer executing the warrant to arrest the
accused and deliver him to the nearest police station or
jail without unnecessary delay.

Section 4. Execution of warrant. –The head of the

office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within
ten (10) days from its receipt. Within ten (10) days after
the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to execute
the warrant, he shall state the reasons therefor.
 Arrest
Section 5. Arrest without warrant; when
lawful – A peace officer or a private person may,
without warrant, arrest a person :

a) When, in his presence, the person to be arrested

has committed, in actually committing, or is
attempting to commit an offense;

b) When an offense has just been committed and

he has probable cause to believe based on
personal knowledge of facts of circumstances
that the person to be arrested has committed it;
and
 Arrest
c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.

In cases falling under paragraphs (a) and (b)

above, the person arrested without a warrant
shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in
accordance with section 7 of Rule 112.
 Arrest
Sec. 6. Time of making arrest. – An arrest may be
made on any day and at any time of the day or night.

Sec. 7. Method of arrest by officer by virtue of a

warrant. – When making an arrest by virtue of a warrant,
the officer shall inform the person to be arrested of the
cause of the arrest and the fact that the warrant has been
issued for his arrest, except when he flees or forcibly
resists before the officer has opportunity to so inform him,
or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his
possession at the time of the arrest but after the arrest, if
the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
 Arrest
Sec. 8. Method of arrest by officer
without warrant. – When making an arrest
without warrant, the officer shall inform the
person to be arrested of this authority and
the cause of the arrest, unless the latter is
engaged in the commission of an offense, is
pursued immediately after its commission,
has escaped, flees, or forcibly resists before
the officer has opportunity to so inform him,
or when the giving of such information will
imperil the arrest.
 Arrest
Sec. 9. Method of arrest by private person. –
When making an arrest a private person shall
inform the person to be arrested of the intention
to arrest him and the cause of the arrest, unless
the latter is either engaged in the commission of
an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly
resists before the person making the arrest has
the opportunity to do so inform him, or when the
giving of such information will imperil the arrest.
 Arrest
Sec. 10. Officer may summon assistance.

Sec. 11. Right of officer to break into

building or enclosure. – An officer, in order to
make an arrest either by virtue of a warrant or
without a warrant as provided in section 5, may
break into any building or enclosure where the
person to be arrested is or reasonably believed to
be, if he is refused admittance thereto, after
announcing his authority and purpose.
 Arrest
Sec. 12. Right to break out from building or
enclosure. – Whenever an officer has entered the
building or enclosure in accordance with the
preceding section, he may break out therefrom
when necessary to liberate himself.

Sec. 13. Arrest after escape or rescue. – If a

person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him
without a warrant any time and in any place within
the Philippines.
 Arrest
Sec. 14. Right of attorney or relative to
visit person arrested.
 Rule 126
Search and Seizure
Section 1. Search warrant defined.– A
search warrant is an order in writing issued
in the name of the People of the Philippines,
signed by a judge and directed to a peace
officer, commanding him to search for
personal property described therein and
bring it before the court.
 Search and Seizure
Sec. 2. Court where application for search warrant
shall be filed. –An application for search warrant shall be
filed with the following :
a) Any court within whose territorial jurisdiction a
crime was committed.

b) For compelling reasons stated in the

application, any court within the judicial region
where the crime was committed if the place of
the commission of the crime is known, or any
court within the judicial region where the
warrant shall be enforced.
However, if the criminal action has already been filed, the
application shall only be made in the court where the
criminal action is pending.
 Search and Seizure

Sec. 3. Personal property to be

seized.—A search warrant may be issued for
the search and seizure of personal property:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds,
or fruits of the offense; or,
c) Used or intended to be used as the
means of committing an offense.
 Search and Seizure

Sec. 4. Requisites for issuing search

warrant.-- A search warrant shall not issue
except upon probable cause in connection
with one specific offense to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce, and
particularly describing the place to be
searched and the things to be seized which
may be anywhere in the Philippines.
 Search and Seizure

Sec. 5. Examination of complainant.

Sec. 6. Issuance and form of search

warrant.

Sec. 7. Right to break door or window

to effect search.
 Search and Seizure

Sec. 8. Search of house, room, or

premises to be made in presence of two
witnesses. –No search of a house, room,or
any other premises shall be made except in
the presence of the lawful occupant thereof
or any member of his family or in the
absence of the latter, two witnesses of
sufficient age and discretion residing in the
same locality.
 Search and Seizure

Sec. 9. Time of making search –The warrant

must direct that it be served in the daytime, unless
the affidavit asserts that the property is on the
person or in the place ordered to be searched, in
which case a direction may be inserted that it be
served at any time of the day or night.

Sec. 10. Validity of search warrant.—A

search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void.
 Search and Seizure
Sec. 11. Receipt for the property seized.
Sec. 12. Delivery of property and inventory thereof to
court; return and proceedings thereon.—(a) The officer must
forthwith deliver the property seized to the judge who issued
the warrant, together with a true inventory thereof duly
verified under oath.
b) Ten (10) days after issuance of the search warrant,
the issuing judge shall ascertain if the return has
been made, and if none, shall summon the person
to whom the warrant was issued and require him to
explain why no return was made. If the return has
been made, the judge shall ascertain whether
section 11 of this Rule has been complied with and
shall require that the property seized be delivered to
him. The judge shall see to it that subsection (a)
hereof has been complied with.
 Search and Seizure

c) The return on the search warrant shall be filed and

kept by the custodian of the log book on search
warrants who shall enter therein the date of the
return, the result, and other actions of the judge.

A violation of this section shall constitute contempt

of court.
 Search and Seizure

Sec. 13. Search incident to lawful arrest. --A

person lawfully arrested may be searched for
dangerous weapons or anything which may have
been used or constitute proof in the commission of
an offense without a search warrant.
 Crimes Against National Security

Treason

Treason is a breach of allegiance to a government,

committed by a person who owes allegiance to it (United
States v. Lagnason, 3 Phil. 472)
 Elements of Treason

a) the offender owes allegiance to the Government of the

Philippines;

b) there is a war in which the Philippines is involved;

c) the offender either:

i. levies war against the government, or

ii. adheres to the enemies, giving them aid or comfort

(Article 114, Revised Penal Code)
Conspiracy and Proposal to Commit Treason

1. Conspiracy is committed, when in times of war, two or

more persons come to an agreement to levy war against
the government or to adhere to the enemies and to give
them aid and comfort, and decide to commit it (Article
115, Revised Penal Code).

2. Proposal to commit treason is committed, when in times

of war, a person who has decided to levy war against the
Government, or to adhere to the enemies and to give
them aid and comfort proposes its execution to some
other person. (Ibid).

3. The two-witness rule does not apply to these crimes as

these are separate and distinct offense from treason
itself. (US v. Bautista, 6 Phil 581)
Misprision of Treason

1. Elements of Misprision of Treason

a) That the offender must be owing allegiance to the
government, and not a foreigner;

b) That he has knowledge of any conspiracy to commit

treason against the government; and

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

the same as soon as possible to the governor or fiscal of
the province or the city in which he resides. (Article 116,
Revised Penal Code).

3. There is no misprision of treason when treason was

already committed and the accused does not report its
commission (Reyes, the Revised Penal Code: Book II).
 Espionage

1. It is the offense of gathering, transmitting, or losing

information respecting the national defense with intent
or reason to believe that the information is to be used to
the injury of the Republic of the Philippines or to the
advantage of a foreign nation (Sec. 1, Commonwealth
Act No. 616).
 Espionage

2. There is espionage when the following elements are

present :

a. The offender enters a warship, fort or military or

naval establishment or reservation;

b. He has no authority therefore;

c. His purpose is to obtain information, plans,

photographs or other data of a confidential nature
relative to the defense of the Philippines;

d. the offender is a public officer;

 Espionage

e. He has in his possession the articles, data or

information referred to in paragraphs no. 1 of Article
117, by reason of the public office he holds; and

f. He discloses their contents to a representative of a

foreign nation. (Art 117, Revised Penal Code).
 Piracy and Mutiny

1. Piracy is robbery or forcible depredation on the high

seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal
hostility.

2. Mutiny is the unlawful resistance to a superior, or the

raising of commotions and disturbances on board a ship
against the authority of its commander.
 Piracy and Mutiny

3. The following are elements of piracy:

a. A vessel is on the high seas or Philippine waters;

b. The offenders are not members of its complement or

passengers of the vessel; and

c. The offenders i) attack or seize the vessel or ii) seize

the whole or part of the cargo or said vessel, its
equipment or personal belongings of its compliment
or passengers (Article 122, Revised Penal Code, as
amended by RA No. 7659).
Qualified Piracy

Piracy or mutiny is qualified if any of the following

circumstances is present :

a. Whenever the offenders have seized the vessel by

boarding or firing upon the same;

b. Whenever the pirates have abandoned their victims

without means of saving themselves; or

c. Whenever the crime is accompanied by murder,

homicide, physical injuries, or rape (Article 123, Revised
Penal Code).
Piracy committed in an aircraft

1. Hijacking is a kind of piracy, which is committed in an

aircraft.

2. The law makes a distinction between an aircraft or

Philippine registry or foreign registry:

a. If the aircraft is of Philippine registry, it should be in flight

at the time of hijacking for the anti-hijacking law to apply.
If the aircraft is not in flight, the crimes that have been
committed shall be governed by the Revised Penal Code.

b. If the aircraft is of foreign registry, it is not necessary that

the aircraft be in flight for the Anti-Hijacking Law to apply.
The rationale is that the aircraft of foreign registry are
considered in transit while they are in foreign countries.
P.D. No. 532 or Anti-Piracy and
Anti-Highway Robbery Law of 1974

Definition of Terms (Section 2)

Highway Robbery/Brigandage is 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 or person or force
upon things of other unlawful means, committed by any
person on any Philippine Highway.
P.D. No. 532 or Anti-Piracy and
Anti-Highway Robbery Law of 1974

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.

Piracy is any attack upon or seizure of any vessel or the

taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement
or passengers, irrespective of the value thereof, by
means of violence against or intimidation or persons or
force upon things, committed by any persons, including a
passenger or member of the complement of said vessel,
in Philippine waters.
 R.A. No. 9372
The Human Security Act of 2007

Terrorism is committed by any person who commits an act

punishable under any of the following provisions of the
Revised Penal Code:

a. Art. 122 (Piracy in general and mutiny in the high seas

or in the Philippine waters);

b. Art 134 (Rebellion or Insurrection);

c. Art 134-a (Coup d'etat), including acts committed by

private persons;

d. Art. 248 (Murder);

e. Art. 267 (Kidnapping and serious illegal detention);

f. Art. 324 (Crimes involving destruction); or under

i. PD 1613: The Law on Arson;

ii. RA 6969 : Toxic Substances and Hazardous and

Nuclear Waste Control Act of 1990;

iii. RA 5207: Atomic Energy Regulatory and Liability Act

of 1968;

iv. RA 6235 : Anti-Hijacking Law;

v. PD 532 : Anti-Piracy and Anti-Highway Robbery Law
of 1974; and

vi. PD 1866, as amended : Decree codifying the Laws

of Illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives (Sec. 3).
 Crimes Against the
Fundamental Laws of the State

Arbitrary Detention

Elements of Arbitrary Detention :

1. Offender is a public officer or employee;

2. He detains a person; and

3. Detention is without legal grounds (Article 124, Revised

Penal Code)
Arbitrary Detention v. Illegal Detention

1. In arbitrary detention, the principal offender must be a

public officer who detains a person without legal
ground. Illegal detention on the other hand, is
committed by a private individual who unlawfully
kidnaps, detains or otherwise deprives a person of
liberty.

2. The public officer, in arbitrary detention, must have the

duty to make arrest and detain a person. If the public
officer has no such duty or is acting in a private capacity
or beyond the scope of his official duty, the crime
committed is not arbitrary detention but illegal detention.

3. Arbitrary detention is a crime against the fundamental

law of the State, while illegal detention is a crime
Delay in the Delivery of Detained Persons

Elements of the crime :

1. Offender is a public officer or employee;

2. He has detained a person for some legal ground

(sec. 5 Rule 113, Rules of Court); and

3. He fails to deliver such person to the proper judicial

authorities within : (Art. 125, Revised Penal Code)

i. 12 hours for light penalties, or equivalent

ii. 18 hours for correctional penalties or equivalent
iii. 36 hours for afflictive penalties, or equivalent
 Violation of Domicile

1. Violation of domicile is committed by any of these acts :

a. By entering any dwelling against the will of the

owner thereof;

b. By searching papers or other effects found therein

without the previous consent of such owner; or

c. By refusing to leave the premises, after having

surreptitiously entered said dwelling and after having
been required to leave the same (Article 128,
Revised Penal Code)
 Violation of Domicile (cont'd)

2. Elements common to the three acts :

a. offender is a public officer or employee

b. he is not authorized by judicial order to enter

dwelling or

c. makes a search for papers or other effects.

3. The entrance by the public officer/employee must be

against the will of the owner of the dwelling.
 RA 9745 : The Anti-Torture Act of 2009

Punishable Acts

1. Physical torture -- is a form treatment or punishment

inflicted by a person in authority or his agent upon
another in his custody that causes severe pain,
exhaustion, disability, or dysfunction of one or more
parts of the body.

2. Mental or Psychological Torture -- refers to acts

committed by a person in authority or his agent which
are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale.
 Crimes Against Public Order

Rebellion

Elements :
a. Public uprising and taking up of arms against the
Government; and

b. Purpose of the uprising or movement is either

i. to remove from the allegiance to said
Government or its laws the territory of the
Philippines or any part thereof; or any body of
land, naval or the armed forces; or

ii. to deprive the Chief Executive or Congress,

wholly or partially, of any of their powers or
prerogatives
Rebellion vs. Insurrection

In rebellion, the intention is to completely overthrow and

supersede the existing government;

In insurrection, the intention is merely to effect some

change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters.

(Reyes, The Revised Penal Code: Book II)

 Coup d' Etat

Elements :

1. That the offender is a person or persons belonging to

the military or police or holding any public office or
employment;

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

accompanied by violence, intimidation, threat, strategy
or stealth;
 Coup d' Etat

Elements (cont'd):

3. That the attack is directed against the duly constituted

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

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

state power. (Art. 134-A, Revised Penal Code).
Inciting to Rebellion or Insurrection

A person is committing the crime of inciting to rebellion or

insurrection when:

1. The offender does not take arms or is not in open

hostility against the Government;

2. He incites others to the execution of any of the acts of

rebellion; and

3. The inciting is done by means of speeches,

proclamations, writing, emblems, banners or other
representations tending to the same end (Art. 138,
Revised Penal Code).
Conspiracy and Proposal to Commit Rebellion

1. Conspiracy to commit rebellion is committed when two

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

2. Proposal to commit rebellion is committed when the

person who has decided to rise publicly and take arms
against the Government for any of the purposes of
rebellion proposes its execution to some other person
or persons (Art. 136, Revised Penal Code).
 Sedition

Elements :

1. The offenders rise publicly and tumultuously;

2. They employ force, intimidation, or other means outside

of legal methods;

3. The offenders employ any of those means to attain any

of the following objects:

a. To prevent the promulgation or execution of any law

or the holding of any popular election;
 Sedition

Elements (cont'd) :

b. To inflict any act of hate or revenge upon the person

or property of any public officer/employee;

c. To commit for any political or social end, any act of

hate or revenge against private persons or any
social class

d. To despoil, for any political or social end, any person

or the government of all its property any part thereof.
(Art 139, Rev. Penal Code)
 Direct Assault

1. There are two ways of committing direct assault :

a. Without pubic uprising, by employing force or

intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition; or,

b. Without public uprising, by attacking, by employing

force or by seriously resisting any person in authority
or any of his agents, while engaged in the performance
of official duties, or on the occasion of such
performance (Art 148, Revised Penal Code).

2. In the first form of direct assault, it is not necessary that

the offended party be a person in authority or his agent.
(Art. 139, par. 4, Revised Penal Code).
 Direct Assault

3. Teachers, professors, and persons in charged with the

supervision of public or duly recognized private schools,
colleges and universities shall be deemed persons in
authority, in applying Articles 148 and 151 (Art. 152,
Revised Penal Code).

4. The laying of hands or using physical force against

agents of persons in authority when not serious in
nature constitutes resistance or disobedience under Art.
151, and not direct assault under Art. 148 or the RPC.
(People v. Breis y Alvarado, G.R. No. 205823, August
17, 2015).
Public Officer -- any person who takes part in the
performance of public functions in the government.

Person in Authority (PIA)

a. One who is directly vested with jurisdiction to execute or

enforce the laws.

b. Teachers, professors and persons charged with the

supervision of public or duly recognized private schools,
colleges and universities.

Note : Teachers must be in school premises during school hours

or are actually performing the tasks outside the school
premises.
c. Lawyers in the actual performance of their professional
duties or on the occasion of such performance.

Agent/s of Persons in Authority (PIA)

a. Those who, by direct provision of law, or by election or

by appointment, are charged h the maintenance of
public order and the protection of life and property
(Agents proper) such as:

1) Law Enforcement Agents such as the PNP and NBI

2) Barangay Tanods;
3) Municipal Treasurer being the agent of the Provincial
Treasurer
4) Postmaster being the agent of the Director of Post or
Postmaster General;
5) Members of the AFP are not included.
 Alarms and Scandals

1. The acts punishable as alarms and scandals are :

a. Discharging any firearm, rocket, firecracker, or other

explosive within any town or public place, calculated
to cause alarm or danger;

b. Instigating or taking an active part in any charivari,

or other disorderly meeting offensive to another or
prejudicial to public tranquility;

c. Disturbing the public peace while wandering about

at night or while engaged in any other nocturnal
amusements; and
 Alarms and Scandals

d. causing any disturbance or scandal in public places

while intoxicated, or otherwise (Article 155, Revised
Penal Code)

2. The firearm discharged should not be aimed at a

person, otherwise the offender will not be liable for
alarms and scandal but Illegal Discharge of Firearm
under Art. 254.
 Crimes Against Public Interest

Forgeries Upon Documents

1. The proper term is Falsification.

2. Document is :

a. Any writing, whether paper based or in any solid

surface, which is complete, creating rights or
extinguishing obligations, or defining the relations
between persons. Example :
i. deeds
ii. contracts
iii. receipts

iv. promissory notes

v. checks
 b. A writing used as evidence of the facts contained in
the document such as death/birth certificates;
clearances, medical records, x-rays; driver's license.

3. General Classification : (In falsification, it is essential to

specify the document falsified).

a. Falsification of Legislative Document punished

under Art. 170-- bills, resolutions, ordinances
whether approved or pending approval, by any
legislative body

i. the act of falsification is limited to alterations of a

genuine legislative document
 ii. if by any other means, such as simulating a
legislative document, the offense is ordinary
falsification.

b. Falsification of Non-Legislative Document

i. Document proper under Article 171 and 172

ii. Wireless, Telegram, cablegram, telephone

messages under Art 173

iii. Certificates under Article 174.

4. Kinds of Documents Proper

a. Public Documents: they consist of the following :

i. Those which embody the official acts of public

officer such as Decisions/Resolutions;
Administrative Orders; Marriage Contract; Oaths
of Office

ii. Those issued by public officer or in which he

participates, virtue officii (by virtue of his office)
such as clearances, certificates of appearance,
designation of personnel; receipts. These are so
called “Official Documents”.

iii. Those acknowledged before a Notary Public

such as Deeds and conveyances
4. Kinds of Documents Proper (cont'd)

iv. Private Documents :

a) which already formed part of public records

(Public by Incorporation) such as private
deeds submitted to the office of the Register
of Deeds; acknowledgment letter sent to the
Local Civil Registrar; Protest letters to the
Assessor's Office; libelous letters offered as
exhibits in a trial; letters formally seeking
opinions

b) those which are intended to form part of the

public record (Public by Intention).
4. Kinds of Documents Proper (cont'd)

b. Commercial Documents:
i. Those used by merchants or business people to
promote trade or credit transactions or
commercial dealings; and

ii. those defined and regulated by the Code of

Commerce or other commercial laws. Examples:
a) commercial checks
b) sales receipts and invoices;
c) trust receipts
d) deposit and withdrawal slips and bank
passbooks
e) tickets issued to passengers
f) enrolment forms
g) grades
4. Kinds of Documents Proper (cont'd)

c. Private Documents: any other document, deed or

instruments executed by private persons without the
intervention of a notary public or of other persons
legally authorized, by which some disposition or
agreement is proved, evidenced or set forth.
Examples: unnotarized deeds, letters, private
receipts, class cards, time records in private
employment. Vouchers of business people are
private, not commercial, documents ( Batulanon vs. PP,
502 SCRA 35)
5. Importance of distinguishing Falsification of Public from
Falsification of Private Documents

a. As to penalty: a higher penalty is imposed for falsification of

public documents

b. As to modes of commission: there are 8 ways of falsifying

public documents as against 7 as to private documents

c. As to complexing with Estafa: Estafa cannot be complexed

with Falsification of Private document. The reason is
because both have a common element which is damage

i. The crime is falsification if the deception cannot be

committed without falsification, i.e. the falsification is
committed as a means to commit estafa.

ii. It is estafa if the estafa can be committed without the

necessity of falsifying a document
6. Principles Involving Falsification:
a. The Falsification maybe complexed with the crimes of
Estafa ( save private documents) malversation or theft

i. Examples through negligence: (1) The Register of

Deeds who issued a duplicate title without noting on
its back a notice of the encumbrances (2) A Clerk
who issues a certified true copy of a birth certificate
but inadvertently copied the wrong entries (3) a
person who signs a check to accommodate a payee
without verifying the payee’s identification

ii. Thus the accused who is charged with intentional

falsification may be convicted for falsification thru
negligence without amending the Information
because the former includes the latter ( see PP vs
Uy 475 SCRA 248)
d. As to requirement of damage: In falsification of a
private document the act of falsification must be
coupled with either

i. actual damage even if there was no intent to

cause damage; or

ii. an intent to cause damage even if no actual

damage resulted. In falsification of public
document, the gravamen of the offense is the
perversion of truth; the loss of faith and
confidence by the public in the document even if
there is no actual damage to the public
6. Principles Involving Falsification (cont'd):
b. As to requirement of damage: In falsification of a
private document the act of falsification must be
coupled with either

i. actual damage even if there was no intent to

cause damage; or

ii. an intent to cause damage even if no actual

damage resulted. In falsification of public
document, the gravamen of the offense is the
perversion of truth; the loss of faith and
confidence by the public in the document even if
there is no actual damage to the public
6. Principles Involving Falsification (cont'd):
c. As to the liability of Heads of Offices as final approving
authority if it turns out the document to which they affixed
their signatures contains falsities:

i. The Arias Principle ( Arias vs. Sandiganbayan, 180

SCRA 315) as reiterated in Magsuce vs. Sandiganbayan
( Jan. 3, 1995) holds: “ All heads of offices have a right
to rely to a reasonable extent on their subordinate and
on the good faith of those who prepared the documents,
and are not liable for the falsification”

ii. Exceptions: (1). Where there is a clear evidence of

conspiracy with the authors (2) if through their
negligence, they brought about the commission of the
crime. Thus in PP. vs. Rodis the Head of Office was held
liable where the document signed by him contained
anomalies which were glaring in the document
6. Principles Involving Falsification (cont'd):
d. The following are accepted as defenses

i. Good faith and lack of intent to pervert the truth. As in

the case of a co-employee who signed for another in the
payroll because the latter was sick

ii. Alterations which are in the nature of corrections such

as changing the civil status from single to married in a
Community Tax Certificate

iii. Alterations which do not affect the integrity or veracity of

the document. Example: The Certification by the
treasurer that he paid the salary on July 10 when in truth
it was on July 12

iv. Minor inaccuracies as in a deed of sale which declared

the consideration was paid in cash when it was paid in
two installments
6. Principles Involving Falsification (cont'd):
e. Presumption of Authorship of the Falsification: In the
absence of satisfactory explanation, one found in
possession of and who used a forged document is the
forger of said document. If a person had in his possession a
falsified document and he made use of it, taking advantage
of it and profiting thereby, the clear presumption is that he is
the material author of the falsification. ( Nierva vs. PP. 503
SCRA 114).

f. There is a ruling that generally, falsification of

public/commercial documents have no attempted or
frustrated stages unless the falsification is so imperfect that
it may be considered as frustrated.
6. Principles Involving Falsification (cont'd):
g. There are as many falsifications as there are documents
falsified; or as there are separate acts of falsification
committed by one person within the same period of time

i. The falsification of several signatures in one payroll is

only one falsification

ii. Several checks falsified at the same time gives rise to

several separate crimes

h. Falsification is not a continuing crime

Proof of Falsification:
The process of identification must include not only the
material differences between or among the
signatures/handwritings but a showing of the following:

1. the determination of the extent, kind and significance of

the resemblance and variation ( of the handwriting or
signature)

2. that the variation is due to the operation of a different

personality and not merely an expected and inevitable
variation found in the genuine writing of the same writer

3. that the resemblance is a result more or less of a skillful

imitation and not merely a habitual and characteristic
resemblance which normally appears in genuine
handwriting
 Art. 171 Falsification by Public Officer, Employee, or
Notary or Ecclesiastic Minister

Coverage: this article provides:

1. the penalty of falsification if committed by a public

officer or employee or a notary or an ecclesiastical
minister. The penalty is higher than if committed by a
private person. The document may be any document.

2. the eight acts of falsification

A. The public officer must take advantage of his official
position or that there was abuse of office. By this is
meant that his functions include participating in the
preparation, recording, keeping, publishing or sending
out to the public of the falsified document otherwise he
will be punished as a private person. As for instance:
secretaries, the Clerk of Court; the record officers; those
who issue receipts or licenses; the Register of Deeds;
Local Civil Registrar.

B. As for an ecclesiastic, the document he falsified must

affect the civil status of a person, else he will be
considered as a private person. The usual document
involved is a marriage contract
The Acts of Falsification :

A. By counterfeiting, imitating any handwriting, signature or

rubric. To counterfeit a handwriting or signature is to
create one that is so similar to the genuine as to make it
difficult to distinguish and thus easily fool the public.
This act includes creating or simulating a fictitious
handwriting or signature
The Acts of Falsification (cont'd) :

B. Causing it to appear that persons have participated in

any act or proceeding when they did not in fact so
participate

1) There is no need to imitate the signature or

handwriting

2) This includes simulating a public document like a

Warrant of Arrest as having been issued by a judge

3) Examples: impersonating a person in a document;

voting in place of a registered voter, posing as payee
of a negotiable instrument in order to encash the
same
The Acts of Falsification (cont'd) :

C. Attributing to persons who have participated in an act or

proceeding statements other than those in fact made by
them proceeding when they did not in fact so
participate.

1. This is twisting the statements or putting words into

the mouth of another

2. Substituting a forged will where the accused is now

named as an heir in lieu of the original where he was
not so named

3. Where the accused was instructed to prepare a

Special Power of Attorney over a parcel of land, with
himself as the agent but he instead prepared a
deed of sale with himself as the vendee
The Acts of Falsification (cont'd) :

D. Making untruthful statements in a narration of facts

1. This requires that (a) the accused knows that what he

imputes is false (b) the falsity involves a material fact (c)
there is a legal obligation for him to disclose the truth and
(d) such untruthful statements are not contained in an
affidavit or a statement required by law to be sworn to.

2. by legal obligation is meant that the law requires a full

disclosure of facts such as in a public official’s
Statements of Assets and Liabilities; the Personal Data
Sheet submitted to the NBI; the contents of an
Application for Marriage; the Community Tax Certificate

3. Narration of facts means an assertion of a fact and does

not include statements of opinion or conclusions of law.
The Acts of Falsification (cont'd) :

D. Making untruthful statements in a narration of facts

(cont'd)

4. There is no falsification if there is some colorable

truth in the statement of facts by the accused

5. False statements in an application form of the Civil

Service, which was under oath, for police
examination is perjury not falsification

6. But when a third person, not the Affiant, alters a

prepared Affidavit, the crime committed by him is
falsification under mode number 6
The Acts of Falsification (cont'd) :

E. Altering true dates. This requires that the date must be

material as in the date of birth or marriage; date of
arrest; date when a search warrant was issued; date of
taking the oath of office

F. Making alterations or intercalations in a genuine

document which changes its meaning. The change
must affect the integrity of the document. It must make
the document speak something false so that alterations
to make it speak the truth cannot be falsification.

1. Changing the grades in one’s Transcript of Records

2. Changing one’s time of arrival in the DTR
3. Changing the stated consideration in a deed of sale
4. Deleting a condition in a contract of lease Making
untruthful statements in a narration of facts
The Acts of Falsification (cont'd) :

G. Issuing in an authenticated form a document purporting

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

1. This can only be committed by the Official Custodian

of documents

2. Example: Issuing a Certified True Copy of a birth

certificate of a person when no such certificate
exists or
The Acts of Falsification (cont'd) :

3. Issuing a true copy of a title and indicating therein

the land is mortgaged when no such encumbrance
exist on the original on file with the office or altering
true dates. This requires that the date must be
material as in the date of birth or marriage; date of
arrest; date when a search warrant was issued; date
of taking the oath of office

H. Intercalating any instrument or note relative to the

issuance thereof in a protocol, registry or official book

Example: Inserting a Birth Certificate in the records of

the Civil Registrar to make it appear the birth was
recorded
 ART. 172. Falsification by a Private Individual and
Use of Falsified Documents

I. Punishable acts:

1) If the falsification is by a private person and the

document falsified is a public or commercial
document

2) Falsification by any person of a private document

and

3) Introducing in any judicial proceeding a falsified

document or

4) Using a falsified document in any transaction

II. There are only seven acts of falsification of a private
person. In the falsification of a private document the
damage includes damage to honor.

III. In introducing a falsified document in a judicial

proceeding, damage is not required. Example: The act
of the defendant in introducing a falsified receipt to
show that the debt was paid.

IV. In the crime use of a falsified document, the user is not

the falsifier but a third person, who must know the
falsity of the document.
 ART. 173. Falsification of Wireless, Cable, Telegram
and Telephone Messages

I. Acts punished:

1) The act of falsifying said messages

2) Uttering of said falsified messages and

3) Using such falsified damages with intent to cause

damage or to the damage of third persons
II. The acts of falsifying and uttering:

1) The offender must be officers or employees of the

government or of a private entity engaged in the
business of sending or receiving such messages

2) Examples: making up a false “break-up” telegram or

decreasing the number of the words in a message
even if the contents are not changed

III. The crime of using may be committed by any person

 Crimes Affecting Medical Certificate, Certificates
of Merit and the Like

Acts punished:

1. Issuing a false medical certificate by a physician or

surgeon

The contents are not true in that the person was never
examined; or that he actually had no illness; or that the
illness is not as serious as stated in the certificate; or
that the period of confinement or rest is not as stated
therein.
 Crimes Affecting Medical Certificate, Certificates
of Merit and the Like

Acts punished:

2. Issuing a false certificate of merit or service, good

conduct or similar circumstances by a public officer

As in the case of a barangay captain who issues a

Certificate of Good Moral Character to a bully , or a
head of office who issues a Certificate of Exemplary
Conduct to an employee with several disciplinary
penalties
3. The act of falsifying by a private person of medical
certificate or certificate of merit

a) The name of the crime is Falsification of a Medical

Certificate or Certificate of Merit to distinguish it from
ordinary falsification

b) Example: the patient who altered the period of days

of confinement

4. The act of knowingly using said false certificates

 OTHER FALSITIES

Note: the subject of these falsities are not papers,

instruments or documents but :

1) official authority or functions;

2) rank, title, names,
3) uniforms and insignias, and
4) testimonies under oath.

These are also capable of being falsified or subjected to

acts of deception
Art. 175. Manufacturing and Possession of Instruments
or Implements for Falsification

Acts punished:

1. Making any instrument or implements intended to be

used in the crime of counterfeiting or falsification.

a) Examples: false seals, false branding instruments

b) The tools need not be a complete set

2. Introducing into the Philippines of said instruments or

implements

3. Possession of said implements with animus utendi or

intent to use
 Art. 177. Usurpation of Authority or Official Functions

A. Usurpation of Authority- the crime committed by a

person who knowingly and falsely represents himself to
be an officer agent, representative or any department or
agency of the Philippine government or foreign country.
:

1. The representation must be active, i.e by words or

acts and the accused need not actually perform any
function pertaining to the office misrepresented.
What is punished is the act of false
misrepresentation. He who does not object when
introduced as a ranking official is not guilty of
usurpation.
2. This is different from the crime of Usurpation of
Powers under articles 239 to 241 which deals with
interference in the functions of one department by
another department

3. This includes any government owned or controlled

corporations

4. Example: a private person greets tourists, gives

them the key to the city, welcomes them, by
declaring that he is the city mayor
B. Usurpation of Functions -- the crime committed by any
person who actually performs an act pertaining to a
public official of the government or any agency thereof
accompanied by a pretense that he is such public
official.

1. There must be a pretense or false assertion of being

a public official. In the absence thereof, there is no
usurpation of functions.

a) Thus one who enters a public school and starts

teaching pupils, without claiming to be a teacher,
is not liable. Same with one who asks questions
on witnesses about a crime without asserting he
is a police investigator. Or one who directs traffic
might be performing a civic action.
b) One who introduces himself to be an NBI agent
and begins interrogating witnesses is liable. As
with one who claims to be a BIR agent and
begins going over the books of a businessman,
or one who claims to be with the Department of
Labor and starts inquiries as to the employment
status of employees.

c) There is such a crime as Seduction through

Usurpation of Official Functions.
2. The offender may himself be a public official who
assumes a position without color of law. As in the
case of a number one councilor who took over the
position of the mayor who was on leave despite
opinions that it be the vice mayor who must be the
acting mayor.

3. However, if the authority or function usurped

pertains to a diplomatic, consular or other accredited
officers of a foreign government, the offender is also
liable under R.A. 75.
 Art. 178. Using Fictitious Name and
Concealing True Name

A. Using Fictitious Name is the act of publicly using a

name other than one’s registered or baptismal name for
the purpose of either to: (1) conceal a crime (2) evade
judgment or (3) cause damage to public interest
1. A fictitious name is any name which a person
publicly applies to himself without authority of law.

2. The purpose is material even if it is simply to cause

confusion among the public

3. If the purpose is to cause damage to a private

person’s interest, the crime may constitute estafa

4. If the purpose is to obstruct justice the offense is

punished under P.D. 1829

5. The use of Aliases is punished under C.A. 142

B. Concealing True Name and other Personal
Circumstances- the purpose is to conceal one’s identity.
Such as in order to avoid giving support or to avoid
debtors .

C. When may a person use a name other than his

registered or baptismal name?

1. When allowed by the court in a petition for a change

of name

2. When used in the field of entertainment, literature or

sports

a) Pen names of authors such as Mark Twain, Saki

 Art. 179. Illegal use of Uniform or Insignia

I. The act punished is the public and improper use of any

insignia, uniform or dress pertaining to an office not held
by the accused or to a class of persons of which he is not
a member.
Examples: unlawful use of ecclesiastical habit of a
religious order; school uniforms; uniform of the boy’s
scout; the regalia of the Knights of Columbus

II. If the uniform, insignia, badge, emblem or rank, medal,

patch or identification card pertains to members of the
military what applies is R.A. 493. If it pertains to the
uniform, regalia or decoration of a foreign state, it is
punished under R.A. 75.

III. The use must be malicious i.e. to give the impression that
the accused is a member of the office or class and
thereby enjoy the prestige and honor of that office or
 b) Names in the entertainment industry:

(i). Joseph Estrada …..... Joseph Ejercito

(ii). Tom Cruise.…………. Tomas Mapother IV

c) Sports monikers such as Flash, Speedy, Rocky,

Bata

3. When allowed by law such as when a woman

marries or when a person is legally adopted

4. Under the Witness Protection Program in order to

protect the identity and safety of the witness
 Perjury

Elements :
a. The accused made a statement under oath or
executed an affidavit upon a material matter;

b. That the statement or affidavit was made before a

competent officer authorized to receive and
administer oath;

c. That in that statement or affidavit, the accused made

a wilful and deliberate assertion of a falsehood; and

d. That the sworn statement or affidavit containing the

falsity is required by law (Art. 183, Revised Penal
Code)
 Crimes Against Public Morals

PD 1602: Anti Gambling Act

(as amended by RA 9287)

RA 9287 - an Act Increasing the Penalties for Illegal

Numbers Games, amending certain provisions of
Presidential Decree (PD) No. 1602, and for other
Purposes.

PD 1602 -- enumerates the different Philippine Gambling

Laws :

 Articles 195 to 199 of the Revised Penal Code (Forms

of Gambling and Betting)

 RA 3063 (Horse Racing Bookies)

 PD 449 (Cockfighting)

 PD 483 (Game Fixing)

 PD 510 (Slot Machines) in relation to Opinion Nos. 33

and 97 of the Ministry of Justice;

 PD 1306 (Jai-alai Bookies);

 and other City and Municipal Ordinances for gambling

all over the country.
Punishable Acts

Any person who participates in any illegal numbers game

shall suffer the following penalties:

a. The penalty of imprisonment from thirty (30) days to

ninety (90) days if such person acts as a bettor;
b. The penalty of imprisonment from six (6) years and one
(1) day to eight (8) years, if such person acts as a
personnel or staff of an illegal numbers game operation;
the same penalty shall likewise be imposed to an
person who allows his vehicle, house, building or land
to be used in the operation of the illegal numbers
games.

c. The penalty of imprisonment from eight (8) years and

one (1) day to ten (10) years, if such person acts as a
collector or agent;

d. The penalty of imprisonment from ten (10) years and

one (1) day to twelve (12) years, if such person acts as
a coordinator, controller or supervisor;
e. The penalty of imprisonment from twelve (12) years and
one (1) day to fourteen (14) years, if such person acts
as a maintainer, manager, or operator; and

f. The penalty of imprisonment from fourteen (14) years

and one (1) day to sixteen (16) years, if such person
acts as a financier or capitalist;

g. The penalty of imprisonment from sixteen (16) years

and one (1) day to twenty (20) years, if such person
acts as a protector or coddler.
Liability of a government official engaged in illegal
gambling is both criminal and administrative.

Section 3 -- prescribes the penalty of imprisonment from 30

days to 90 days, if a government official engaged in
illegal gambling, and acts as a bettor.

Section 5 -- imposes stiffer penalty of twelve (12) years and

one (1) day to twenty (20) years and a fine ranging
from three (3) million to five (5) million and perpetual
absolute disqualification from public office for
government employees and public officials if such
public official acts as “collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game.
 Forms of Gambling which are prohibited :

1. Illegal Numbers Game (ING) -- uses numbers or their

combinations

2. Jueteng -- ING that involves combination of 37 numbers

versus 37 numbers from 1 to 37 (38 in other places)
and its variants.

3. Masiao -- ING where winning combination is derived

from Jai-Alai results

4. Last Two -- combination is derived from the last two (2)

digits of the sweepstakes First Prize result.
 RA 9208
The Anti-Trafficking in Persons Act of 2003

Punishable Acts

It shall be unlawful for any person, natural or juridical, to

commit any of the following acts:

a. To recruit, transport, transfer; harbor, provide, or

receive a person by any means, including those
done under the pretext of domestic or overseas
employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
b. To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for
the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;

c. To offer or contract marriage, real or simulated, for

the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
e. To maintain or hire a person to engage in prostitution
or pornography;
f. To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
g. To recruit, hire, adopt, transport or abduct a person,
by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation;
h. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad (sec. 4)
 Grave Scandal

Grave scandal is committed when the following elements

are present:

a. The offender performs an act;

b. Such act is highly scandalous as offending against

decency or good customs;

c. The highly scandalous conduct is not expressly

falling within any article of the Revised Penal Code;

d. The act complained of is committed in a public place

or within the public knowledge or view (Article 200,
Revised Penal Code).
 Crimes Against Persons

Parricide

Elements of parricide :
a. A person is killed;

b. The deceased is killed by the accused; and

c. The deceased is the father, mother, or child, whether

legitimate or illegitimate, or a legitimate other ascendant
or other descendant , or the legitimate spouse, of the
accused (Article 246, Revised Penal Code).

Article 63 of the Revised Penal code stating that in the absence of

mitigating and aggravating circumstances in the commission of the
crime, the lesser penalty shall be imposed. (People of the Phils., vs.
Manuel Macal, GR No. 211062, January 13, 2016)
 Death or Physical Injuries Inflicted
Under Exceptional Circumstances

In order that Article 247 be applied, the following requisites

are essential :
a. That a legally married person or a parent surprises his
spouse or his daughter, the latter under 18 years of age and
living with him, in the act of committing sexual intercourse
with another person;

b. That he or she kills any or both of them, or inflicts upon any

or both of them any serious physical injury, in the act or
immediately thereafter; and

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

wife or daughter, or that he or she has not consented to the
infidelity of the other. (Article 247, Revised Penal Code)

It is an absolutory cause.
 Murder

1. Murder is the unlawful killing of any person which is not

parricide or infanticide, when the following elements are
present:
a. A person is killed;
b. The accused killed him;
c. That the killing was attended by any of the following
qualifying circumstances :
i. With treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense or means or
persons to insure or afford impunity;
ii. In consideration of a price, reward, or promise.
 Murder (cont'd)

iii. By means of inundation, fire, poison, explosion,

shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of a
means of motor vehicles, or with the use of any
other means involving great waste and ruin.

iv. On occasion of any of the calamities enumerated in

the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic or other public calamity;

v. With evident premeditation;

vi. With cruelty, by deliberately and inhumanly

augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.
 Murder (cont'd)

2. Even if there is no intent to kill, a person may still be

held liable for murder when the assault is committed in
a treacherous manner because of the presence of the
qualifying circumstance of treachery (People v. Cagoco,
58 Phil. 530).

3. The killing of a child is murder even if the manner of the

attack was not shown. The qualifying circumstance of
treachery exists in the commission of the crime of
murder when an adult illegally attacks a child of tender
years and causes his death (People v. Valerio, 112
SCRA 231).
 Homicide

1. There is homicide when the following elements

exist :

a. A person was killed;

b. The accused killed him without any justifying

circumstance;

c. The accused had the intention to kill which is

presumed; and

d. The killing was not attended by any of the qualifying

circumstances of murder, or by that of parricide or
infanticide (Article 249, Revised Penal Code).
 Homicide

2. Even if there is no intent to kill, the crime is still

homicide. The reason is intent to kill is conclusively
presumed when death resulted (US vs. Gloria, 3 Phil.
333). It is only relevant in attempted or frustrated
homicide.
 Death Caused in a Tumultuous Affray

Death caused in tumultuous affray is committed when the

following elements exist:
a. There are several persons;
b. They did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
c. These several persons quarreled and assaulted one
another in a confused and tumultuous manner;
d. Someone was killed in the course of the affray;
e. It cannot be ascertained who actually killed the
deceased; and
f. The person or persons who inflicted serious physical
injuries or who used violence can be identified (Article
251, RPC).
 Discharge of Firearms

1. Discharge of firearms is the crime committed when

a. with no intention to kill; and

b. the offender discharges a firearm against or at

another person (Article 254, Revised Penal Code)

2. Absent an intent to kill, the discharge of a gun directed

against the victim, makes the accused liable only for the
crime of illegal discharge of firearm. Animus interficendi
or intent to kill must be established with the same
degree of certainty as is required of the other elements
of the crime. The inference of intent to kill should not be
drawn in the absence of circumstances sufficient to
prove such intent beyond reasonable doubt (Dado vs.
People, 392 SCRA 46)
 Infanticide

Infanticide is the killing of any child less than three (3) days
of age, whether the killer is the parent or grandparent, any
other relative of the child, or a stranger (Article 255, RPC).
 Intentional Abortion

There is intentional abortion when the following elements

are present :

a. There is a pregnant woman;

b. Violence is exerted, or drugs or beverages
administered, upon such pregnant woman;
c. As a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the fetus
dies, either in the womb or after having been expelled
therefrom; and
d. The abortion is intended (Article 256, Revised Penal Code)
 Unintentional Abortion

Unintentional abortion is the crime when the following

elements are present:

a. There is a pregnant woman;

b. Violence is used upon the pregnant woman without

intending an abortion;

c. The violence is intentionally exerted;

d. And as a result of the violence the fetus dies, either in

the womb or after having been expelled therefrom
(Article 257, RPC)
 Serious Physical Injuries

Any person who shall wound, beat, or assault another, shall

be guilty of the crime of serious physical injuries when :

a. The injured person becomes insane, imbecile, impotent

or blind in consequence of the physical injuries inflicted.

b. The injured person loses the use of speech or the

power to hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg or loses the use of any such
member, or shall have become incapacitated for the
work in which he was therefore habitually engaged.
 Serious Physical Injuries

c. The person injured becomes deformed, or loses any

other member of his body, or loses the use thereof, or
becomes ill or incapacitated for the performance of the
work in which he was habitually engaged for more than
90 days, in consequence of the physical injuries
inflicted.

d. The injured person becomes ill or incapacitated for

labor for more than 30 days as a result of the physical
injuries inflicted (Article 263, RPC).
 Less Serious Physical Injuries

The crime is less serious physical injuries when the

offended party is incapacitated for labor for ten (10) days or
more but not more than thirty (30) days, or needs
attendance for the same period and the physical injuries
does not constitute the crime of mutilation, serious physical
injuries or administering injurious substances or beverages
(Article 265, RPC).
 Slight Physical Injuries

1. The crime of Slight physical injuries has three kinds :

a. Physical injuries which incapacitated the offended

party from one (1) to nine (9) days, or required medical
attendance during the same period.

b. Physical injuries which did not prevent the offended

party from engaging in his habitual work or which did
not require medical attendance.

c. Ill-treatment of another by deed without causing any

injury (Article 266, Revised Penal Code).

2. When there is no evidence of actual incapacity of the

offended party for labor or of the required medical
attendance, the offense is only slight physical injuries.
(People v. Jabalde, GR No. 195224, June 15, 2016)
 Rape
Rape is committed :

a. By means of sexual intercourse which is committed by a

man who shall have carnal knowledge of a woman
under any of the following circumstances:

i. Through force, threat or intimidation;

ii. When the offended party is deprived of reason or

otherwise unconscious;

iii. By means of fraudulent machinations or grave abuse

of authority; or

iv. When the offended party is under twelve (12) years of

age or is demented, even though none of the
circumstances mentioned above be present.
 Rape (cont'd)

b. By means of sexual assault under RA 8353 which is

committed by any person who, under any of the
circumstances above-mentioned, shall commit an act of
sexual assault by :

i. Inserting his penis into another person's mouth or anal

orifice; or

ii. inserting any instrument or object into the genital or

anal orifice of another person

(Article 266-A, Revised Penal Code, as amended by Ra 8353).

 Statutory Rape

When the offended party is less than 12 years of age, rape

is committed although she consented to the sexual act.
(People vs. Villamor, 37 O.G. 947).

Single Witness Sufficient in Rape

Rape is essentially an offense of secrecy, not generally

attempted except in dark or deserted and secluded places
away from prying eyes, and the crime usually commences
solely upon the word of the offended woman herself and
conviction invariably turns upon her credibility, as the
prosecution's single witness of the actual occurrence
(People vs. Molleda 417 SCRA 53). Thus, even an
uncorroborated testimony of a single witness, if positive
and credible, is enough to warrant conviction (People v
Borce, 289 SCRA 445).
Medical Certificate not Indispensable

A medical certificate is not necessary to prove the

commission of rape and a medical examination of the
victim is not indispensable in a prosecution for rape. In fact,
a doctor's certificate is merely corroborative in character
(People v. Cabudbod, 585 SCRA 499).

No Frustrated Rape

There is no such crime as frustrated rape.

Force, Threat or Intimidation, when not required

In rape committed by a father or a person recognized by

the victim as her father, the former's moral ascendancy and
influence over the latter substitutes for violence and
intimidation. That ascendancy or influence necessarily
flows from the father's parental authority, which the
Constitution and the laws recognize, support and enhance
as well as from the children's duty to obey and observe
reverence and respect towards their parents. (People v.
Dulay, 381 SCRA 346).
Rape of Wife by Husband

In case it is the legal husband who is the offender, the

subsequent forgiveness by the wife as the offended part
shall extinguish the criminal action or the penalty. However,
the criminal action of penalty shall not be extinguished if
the marriage is void ab initio (Art. 266-C, Revised Penal
Code, as amended by RA 8353).
Rape is qualified when the following elements are present:

1. The victim is a female over 12 years but under 18 years

of age;

2. The offender is a parent, an ascendant, step-parent,

guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the
parent of the victim; and

3. the offender has carnal knowledge of the victim either

through force, threat or intimidation, or when the victim
is deprived of reason or is otherwise unconscious, or
my means of fraudulent machinations; or grave abuse
of authority (People of the Phils., vs. Henry Caladcadan,
GR No. 205378. September 23, 2015).
The healed laceration on the victim's hymen does not serve
to acquit appellant either. Hymenal laceration is not an
element of statutory rape, as long as there is enough proof
of entry of the male organ into the labia of the pudendum of
the female organ of the offended party who is below 12
years of age. (People of the Phils., vs. Manuel Rebanuel y
Nadera, GR. No. 208475, June 08, 2016).
 R.A. No. 9262
Anti-Violence Against Women
and Their Children Act of 2004

Punishable Acts

1. Causing physical harm to the woman or her child;

2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
Punishable Acts

5. Attempting to compel or compelling the woman or her

child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or
threat of force, physical or other harm or intimidation
directed against the woman or child.

6. Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or
decision;
Punishable Acts

7. Causing or attempting to cause the woman or her child

to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family

8. Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child.

9. Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children
of access to the woman's child/children (Sec. 5).
 The Anti-Child Pornography Act of 2009
(R.A. No. 9775)

Definition

“Child” refers to a person below eighteen (18) years of age

or over, but is unable to fully take care of himself/ herself
from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.
Prohibited Acts

It shall be unlawful for any person :

a. To hire, employ, use, persuade, induce or coerce a child

to perform in the creation or production of any form of
child pornography;
b. To produce, direct, manufacture or create any form of
child pornography;
c. To publish, offer, transmit, sell, distribute broadcast,
advertise, promote, export or import any form of child
pornography;
Prohibited Acts

d. To possess any form of child pornography with the

intent to sell, distribute, publish, or broadcast. Provided,
that possession of three (3) or more articles of child
pornography of the same form shall prima facie
evidence of the intent to sell, distribute, publish or
broadcast;

e. To knowingly, willfully and intentionally provide a venue

for the commission of prohibited acts as, but not limited
to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

f. For film distributor, theaters and telecommunication

companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
Prohibited Acts

g. For parent, legal guardian or person having custody or

control of a child to knowingly permit the child engage,
participate or assist in any form of child pornography;

h. To engage in the luring or grooming of a child;

i. To engage in pandering or any form of child

pornography;

j. To willfully access any form of pornography;

k. To conspire to commit any of the prohibited acts stated

in this section.

l. To possess any form of child pornography (Sec. 4).

 R.A. 8049 - Anti-Hazing Law

1. Hazing, as used in this Act, is an initiation rite or

practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by
placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing
him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or
psychological suffering or injury.

2. The term “organization” shall include any club or the

Armed Forces of the Phils, Phil. National Police, Phil.
Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training.
 Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act
(R.A. 7610, as amended)

Child Prostitution

Children, whether male or female, who for money, profit, or

any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following :
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to the
following :
a. Acting as a procurer of a child prostitute;

b. Inducing a person to be a client of a child prostitute

by means of written or oral advertisements or other
similar means;

c. Taking advantage of influence or relationship to

procure a child as prostitute;

d. Threatening or using violence towards a child to

engage him as a prostitute; or

e. Giving monetary consideration goods or other

pecuniary benefit to a child with intent to engage
such child in prostitution.
2. Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution
or subject to other sexual abuse; provided, that when
the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815
as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: provided, that
the penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion
temporal in its medium period; and
3. Those who derive profit or advantage therefrom,
whether as a manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment (Sec. 5).
Child Trafficking

Any person who shall engage in trading and dealing with

children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration,
or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years
of age (Sec. 7).
 Crimes Against Personal Liberty and Security

Kidnapping and Serious Illegal Detention

Kidnapping is committed when :

a. the offender is an individual;

b. he kidnaps or detains another, or in any manner

deprives the latter of his liberty;

c. the act of detention or kidnapping is illegal; and

d. in the commission of the offense, any of the following

circumstances is present :
 Kidnapping and Serious Illegal Detention

i. the kidnapping or detention lasts for more than three

(3) days;

ii. it is committed by simulating public authority;

iii. serious physical injuries inflicted upon the person

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

iv. the person kidnapped or detained is a minor, female,

or a public officer (Article 267, Revised Penal Code)
 Slight Illegal Detention

1. The elements of slight illegal detention are as follows:

a. the offender is a private individual;
b. he kidnaps or detains another, or in any manner
deprives him of his liberty;
c. the act of kidnapping or detention is illegal; and
d. the crime is committed without the attendance of the
circumstances enumerated under in serious illegal
detention (Article 268, Revised Penal Code)

2. The offense is qualified if committed by means of

violence or intimidation (Ibid).
 Trespass to Dwelling

In the crime of Trespass to Dwelling, the entrance of the

offender should be made against the will of the victim and
mere lack of consent of the dweller is not enough to
constitute the crime of trespass to dwelling. (People vs. De
Peralta, 42 Phil 69).

Other Forms of Trespass

Other forms of trespass are committed when:

a. the offender enters the closed premises or the fenced
estate of another;
b. the entrance is made while either of them is
uninhabited;
c. the prohibition to enter be manifest; and

d. the trespasser has not secured the permission of

the owner or caretaker thereof (Article 281,
Revised Penal Code).
 Grave Threats

The following acts are punishable as grave threats :

1. Threatening another with the infliction upon his person,

honor, or property or that of his family f any wrong
amounting to a crime and demanding money or
imposing any other condition even though not unlawful,
and the offender attains his purpose;

2. Making such threat without the offender attaining his

purpose; and

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 (Article 282, Revised Penal Code).
 Grave Coercion

The following are the elements of grave coercion :

a. A person prevented another from doing something not

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

b. The prevention or compulsion was effected by violence,

either material force or such display of force as would
produce intimidation and control of the will of the
offended party; and

c. The person that restrained the will and liberty of another

had no authority (Article 286, Revised Penal Code).
 Light Coercion
1. The following are the elements of light coercion :

a. The offender must be a creditor;

b. He seizes anything belonging to his debtor;
c. The seizure of the thing was accomplished by means
of violence or a display of material force producing
intimidation; and
d. The purpose of the offender is to apply the same to the
payment of the debt (Article 287, Revised Penal Code).

2. Unjust vexation is a form of light coercion which is

broad enough to include any human conduct which,
although not productive of some physical or material
harm, would unjustly annoy or irritate an innocent
person (Maderazo vs. People, 503 SCRA 234).
 RA 4200
The Anti-Wire Tapping Act

Punishable Acts

1. It shall be unlawful for any person, not being authorized

by all the parties to any private communication or
spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear,
intercept or record such communication or spoken word
by using a device commonly known as a dictaphone or
dictagraph or walkie-talkie or tape recorder, or however
otherwise described.
Punishable Acts

2. It shall also be unlawful for any person, be he a

participant or not in the act or acts penalized in the next
preceding sentence, to knowingly possess any tape
record, wire record, disc record, or any other such
record, copies thereof, or any communication or spoken
word secured either before or after the effective date of
this Act in the manner prohibited by this law; or to replay
the same for any other person or persons; or to
communicate the contents thereof, either verbally or in
writing, or to furnish transcriptions thereof, whether
complete or partial, to any other person: Provided, that
the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trial or
offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
Exceptions:
Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to execute any of
the acts declared to be unlawful in the two preceding
sections in cases involving crimes of :
a. Treason
b. Espionage
c. Provoking war and disloyalty in case of war
d. Piracy
e. Mutiny in the high seas
f. Rebellion
g. Conspiracy and Proposal to Commit rebellion
h. Inciting to rebellion or sedition
i. Conspiracy to commit sedition
j. Inciting to sedition
k. Kidnapping under the RPC
l. Violations of Commonwealth Act No. 616, punishing espionage
and other offenses against national security
 Crimes Against Property

Robbery

The following are the elements of robbery in general:

a. The subject is personal property belonging to another;

b. There is unlawful taking of that property;

c. The taking is with intent to gain; and

d. There is violence against or intimidation of any person

or use of force upon things (Article 293, Revised Penal
Code).
 Robbery with Homicide

1. Robbery with Homicide is an indivisible offense, a

special complex crime. A conviction for robbery with
homicide requires certitude that the robbery is the main
purpose and objective of the malefactor and the killing
is merely incidental to the robbery. A conviction for
robbery with homicide is proper even if homicide is
committed before, during or after the commission of the
robbery (People vs. Daniela, 401 SCRA 519)

2. The homicide may be committed by the actor at the

spur of the moment or by mere accident. Robbery with
homicide is committed even if the victim of the robbery
is different from the victim of homicide, as long as the
homicide committed by reason or on the occasion of the
robbery. It is not even necessary that the victim of the
robbery is the very person the malefactor intended to
rob.
 Brigandage

Highway Robbery/Brigandage is the seizure of any person

for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of
violence against or intimidation of persons or force upon
things or other unlawful means, committed by any person
on any Philippine Highway (Sec. 2, Presidential Decree No.
532, Article 306, Revised Penal Code).
 Theft
1. Theft is committed when the following elements are
present :

a. there is taking of personal property;

b. the property belongs to another;
c. the taking be done with intent to gain;
d. the taking be done without the consent of the owner;
and
e. the taking be accomplished without the use of violence
against or intimidation of persons or force upon things
(Article 308, Revised Penal Code).
 Theft (cont'd)

2. Theft is likewise committed by :

a. Any person who, having found lost property, shall fail
to deliver the same to the local authorities or to its
owner;

b. Any person who, after having maliciously damaged

the property of another, shall remove or make use of
the fruits or object of the damage caused by him; or

c. Any person who shall enter an enclosed estate or a

field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals,
or other forest or farm products (Ibid).
No Frustrated Theft

Unlawful taking, or apoderamiento, is deemed complete

from the moment the offender gains possession of the
thing, even if he has no opportunity to dispose of the same.
Unlawful taking, which is the deprivation of one's personal
property, is the element which produces the felony in its
consummated state. At the same time, without unlawful
taking as an act of execution, the offense could only be
attempted theft, if at all. Hence, theft cannot have a
frustrated stage. (Valenzuela vs. People, 525 SCRA 306).
 Qualified Theft

Theft is qualified under the following circumstances:

1. If theft is committed by a domestic servant;

2. If committed with grave abuse of confidence;

3. If the property stolen consists of coconuts taken from

the premises of plantation;

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

5. If property is taken on the occasion of fire, earthquake,

typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance (Article 310, RPC).
Case Doctrine

Theft is qualified when committed with grave abuse of

confidence. Grave abuse of confidence, as an element of
theft, must be the result of the relation by reason of
dependence, guardianship, or vigilance, between the
accused and the offended party that might create a high
degree of confidence between them. Accused could not
have committed the crime had he not been holding the
position of the trusted employee which gave him not only
sole access to the pawnshop's vault but also control of the
premises. The management clearly had reposed its trust
and confidence, which accused exploited to enrich himself
to the damage and prejudice of his employer. (People of Phils.
vs. Luther Sabado, G. R. No. 218910, July 5, 2017)
 Swindling/Estafa

1. Estafa is committed when

a. the accused defrauded another by abuse of
confidence, or by means of deceit, and

b. the damage or prejudice capable of pecuniary

estimation is caused to the offended party or third
persons (Article 315, Revised Penal Code).

2. Deceit is the false representation of a matter of fact

whether by words or conduct, by false or misleading
allegations, or by concealment of that which should
have been disclosed, and which deceives or is intended
to deceive another so that he shall act upon it, to his
legal injury (Domingo vs People, 603 SCRA 488).
 Estafa with Unfaithfulness or
Abuse of Confidence

1. Estafa with unfaithfulness has the following elements:

a. the offender has an onerous obligation to deliver

something of value;

b. He alters its substance, quantity or quality; and

c. Damage or prejudice capable of pecuniary

estimation is caused to the offended party or third
persons (Art. 315 1-A, Revised Penal Code).
2. The elements of estafa with abuse of confidence, on the
other hand, are as follows :
a. That money, goods, or other personal property be
received by the offender in trust, or on commission,
or for administration, or under any other obligation
involving the duty to make delivery of, or to return,
the same;
b. That there be misappropriation or conversion of
such money or property by the offender, or denial on
his part of such receipt;
c. That such misappropriation or conversion or denial
is to the prejudice of another; and
d. That there is demand made by the offended party to
the offender (Article 315 1-b, Revised Penal Code).
Estafa vs. Theft

The principal distinction between the two crimes is that in

theft the thing is taken while in estafa the accused receives
the property and converts it to his own use or benefit.
However, there may be theft even if the accused has
possession of the property. If he was entrusted only with
the material or physical (natural) or de facto possession of
the thing, his misappropriation of the same constitutes
theft, but if he has the juridical possession of the thing, his
conversion of the same constitutes embezzlement or estafa
(Santos vs. People, 181 SCRA 487).
Estafa by Issuance of check vs. BP 22

1. In the crime of estafa, deceit and damage are essential

elements of the offense and have to be established with
satisfactory proof to warrant conviction. For violation of
the Bouncing Check Law, on the other hand, the
elements of deceit and damage are neither essential
nor required.

2. To constitute estafa, the act of postdating or issuing a

check in payment of an obligation must be the efficient
cause of defraudation and as such, it should be either
prior to or simultaneous with the act of fraud. The
offender must be able to obtain money or property from
the offended party because of the issuance of the check
or that person to whom the check was delivered would
not have parted with his money or property had there
been no check issued to him. (Nieva v. Court of
Appeals, 272 SCRA 1).
Estafa by Issuance of check vs. BP 22

 There are two (2) ways of violating BP 22:

1. by making or drawing and issuing a check to apply

on account or for value, knowing at the time of issue
that the check is not sufficiently funded; and

2. by having sufficient funds in or credit with the

drawee bank at the time of issue but failing to do so
to cover the full amount of check when presented to
the drawee bank within a period of ninety (90) days.
(Jorge B. Navarra vs. People of the Philippines, G.R. No.
203750, June 06, 2016).
 Malicious Mischief

The following are the elements of malicious mischief:

1. the offender deliberately cause damage to the property

of another;

2. such act does not constitute arson or other crimes

involving destruction; and,

3. the act of damaging another's property be committed

merely for the sake of damaging it. (Article 327, Revised
Penal Code)
 Persons exempt from criminal liability

1. No criminal, but only civil liability shall result from the

commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
persons:
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; or,
c. Brothers and sisters and brothers-in-law and sisters-
in-law, if living together.
 Persons exempt from criminal liability

2. The exemption established by this article shall not be

applicable to strangers participating in the commission
of the crime (Article 332, Revised Penal Code).
 PD 1612
The Anti-Fencing Law

1. Fencing is the act of any person who, with intent to gain

for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal in any article, item,
object or anything of value which he knows, or should
be known to him, to have been derived from the
proceeds of the crime of robbery or theft. (Sec. 2a).

2. Presumption of Fencing. Mere possession of any good,

article, item object, or anything of value which has been
the subject of robbery or thievery shall be prima facie
evidence of fencing. (Sec. 5)
 Anti-Carnapping Act of 1972

1. Within one year after the approval of this Act, every

owner or possessor of unregistered motor vehicle or
parts thereof in knock down condition shall register with
the Land Transportation Commission the motor vehicle
engine, engine block and chassis in his name or in the
name of the real owner who shall be readily available to
answer any claim over the registered motor vehicle
engine, engine block chassis. Thereafter, all motor
vehicle engines, engine blocks and chassis not
registered with the Land Transportation Commission
shall be considered as untaxed importation or coming
from an illegal source carnapped, and shall be
confiscated in favor of the Government (Sec. 3 par.1)

2. All owners of motor vehicles in all cities and

municipalities are required to register their cars with the
local police without paying any charges (Sec 3 par. 2).
 P.D. 1613
Anti-Arson Law

In the classification of crimes committed by fire, attention

must be given to the intention of the author :

1. If the main objective is the burning of the building, the

resulting homicide may be absorbed by the crime of
arson.

2. When fire is used with intent to kill, a person who may

be in shelter, and that objective is secured, the crime is
murder.

Murder or homicide in a juridical sense would exist if the

killing was the objective of the malefactor and the burning
of the building was used only as the means of
accomplishing his purpose (People v. Cedenio,
 Crimes Against Chastity

Adultery
1. Elements of the crime :
a. The woman is married;
b. She has sexual intercourse with a man not her
husband;
c. As regards the man with whom she has sexual
intercourse, he must know her to be married (Article
333, RPC).
2. The gist of the crime of adultery is the danger of
introducing spurious heirs into the family, whereby the
rights of the real heirs may be impaired and a man may
be charged with the maintenance of a family not his
own (US vs. Jacinta Mata, 18 Phil. 490).
 Concubinage

1. Concubinage is committed when :

a. The man is legally married;
b. He commits any of the following acts :
i. Keeping a mistress in the conjugal dwelling;
ii. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife; or
iii. Cohabiting with her in any other place.

2. As regards the woman, she must know him to be

married (Article 334, Revised Penal Code)
 Acts of Lasciviousness

1. These elements must be present :

a. The offender commits any act of lasciviousness or
lewdness;
b. The act of lasciviousness is committed against a person
of either sex;
c. The act is done under any of the following
circumstances:
i. By using force or intimidation;
ii. When the offended party is deprived of reason or
otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of
authority; or
iv. When the offended party is under twelve (12) years of
age or is demented (Article 336, Revised Penal Code)
 Acts of Lasciviousness

2. Acts of lasciviousness and attempted rape have the

same element, which is the performance of acts of
lascivious character. However, in the case of attempted
rape, the lascivious acts are but the preparatory acts to
the commission of rape; whereas in acts of
lasciviousness, the lascivious acts are themselves the
final objective sought by the offender. If the acts
performed by the offender clearly indicate that his
purpose was to lie with the offended woman, it is
attempted or frustrated rape (Reyes, The revised Penal
Code: Book 2).

3. Section 5(b), Article III or RA 7610 provides the

imposable penalty for Acts of Lasciviousness when the
victim is under twelve (12) years of age.
 Qualified Seduction

1. Elements of qualified seduction :

a. The offended party is a virgin;
b. She must be over twelve (12) and under eighteen (18)
years of age;
c. The offender has sexual intercourse with her; and
d. There is abuse of authority, confidence or relationship
on the part of the offender (Art. 337, Revised Penal
Code).

2. If the offender is the brother or ascendant of the victim,

elements a) and b) are dispensed with. The relationship
of the offender and the victim must be by consanguinity
but need not be legitimate (People v. Servano, 406 SCRA
508).
 Simple Seduction

Elements of simple seduction :

1. The offended party is over twelve (12) years of age;

2. She must be of good reputation, single or widow;

3. The offender has sexual intercourse with her; and

4. It is committed by means of deceit

(Article 338, Revised Penal Code)
 Bigamy

1. Elements of Bigamy :

a. The offender is legally married;

b. The marriage has not been dissolved or, in case the

spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code;

c. He contracts a second marriage or subsequent

marriage; and

d. The second or subsequent marriage has all the

essential requisites for validity (Article 349, Revised
Penal Code)
 Bigamy

2. In bigamy, both the first and second spouses may be the

offended parties depending on the circumstances, as
when the second wife married the accused without being
aware of his previous marriage (People v. Nepomuceno,
64 SCRA 518)

3. A judicial declaration of nullity is required before a valid

subsequent marriage can be contracted or else, what
transpires is a bigamous marriage (People v. Odtuhan,
GR 191566, July 17, 2013)
 Libel

There is libel when the following elements are present:

1. There must be an imputation of a crime, or of a vice or

defect, real or imaginary, or any act, omission, condition,
status, or circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
4. The imputation must be directed at a natural or juridical
person or one who is dead, and
5. The imputation must tend to cause dishonor, discredit or
contempt of the person defamed (Article 353, RPC).
 Libel
 Generally speaking, the venue of libel cases where the
complainant is a private individual is limited to only either
of two places, namely:
1) where the complainant actually resides at the time of the
commission of the offense;
2) where the alleged defamatory article was printed and
first published. (Malayan Insurance Company, Inc. vs. Philip
Piccio, G.R. No. 203370, April 11, 2016)

 Section 7 of the Cyber Crime Law goes against double

jeopardy. Online libel is different. There should be no
question that if the published material on print, said to be
libelous, is again posted online or vice versa, that identical
material cannot be the subject of two separate libels.
(Jesus M. Disini, Jr. vs. Secretary of Justice, GR No. 203335, April
22, 2014)
 Libel

Privilege Communication as a Defense

 The rule on privileged communication is that a

communication made in good faith on any subject matter
in which the communicator has an interest, or concerning
which he has a duty, is privileged if made to a person
having a corresponding interest or duty, although it
contains incriminatory matter which, without the privilege,
would be libelous and actionable. There is no malice when
justifiable motive exists; and in the absence of malice,
there is no libel. (Ledesma v. Court of Appeals, 278 SCRA 656).
 Slander or Oral Defamation

1. Slander is libel committed by oral (spoken) means,

instead of written. The term oral defamation or slander as
now understood, has been defined as the speaking of
base and defamatory words which tend to prejudice
another in his reputation, office, trade, business or means
of livelihood. (Art. 358, Revised Penal Code).

2. There is grave slander when it is of a serious and

insulting nature. The gravity of the oral defamation
depends not only :
a. upon the expressions used, but also
b. on the personal relations of the accused and the
offended party, and
c. the circumstance surrounding the case (People v. Jaring,
40 O.G. 3683).
 Slander by Deed

1. Slander by deed is a crime against honor, which is

committed by performing any act, which casts dishonor,
discredit, or contempt upon another person (Reyes, The
Revised Penal Code: Book 2, Seventh Edition, p. 1022).

2. The Elements are :

a. that the offender performs any act not included in any

other crime against honor,

b. that such act casts dishonor, discredit or contempt

upon the offended party (Art. 359, Revised Penal Code).
 Imprudence and Negligence

1. Reckless imprudence consists in voluntarily, but without

malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of
precaution on the part of the person performing such act.
Compared to intentional felonies, such as homicide or
murder, what takes the place of the element of malice or
intention to commit a wrong or evil is the failure of the
offender to take precautions due to lack of skill taking into
account his employment, or occupation, degree of
intelligence, physical condition, and other circumstances
regarding persons, time and place.

What is principally penalized is the mental attitude or condition

behind the act, the dangerous recklessness, lack of care or
foresight, the imprudencia punible (People vs. Garcia, 423 SCRA
583).
 Imprudence and Negligence
Case Doctrines :
a. Petitioner's act of driving on the wrong side of the road, in an
attempt to overtake the motorcycle driven by the victim, and
suddenly crossing the path which is being traversed by the
latter, is sheer negligence. It is a settled rule that a driver
abandoning his proper lane for the purpose of overtaking
another vehicle in an ordinary situation has the duty to see to it
that the road is clear and he should not proceed if he cannot
do so in safety.
b. Under Article 2185 of the Civil Code, unless there is proof to
the contrary, a person driving a vehicle is presumed negligent
if, at the time of the mishap, he was violating any traffic
regulation.
c. It is elementary in traffic school that a driver slows down before
negotiating a curve as it may be reasonable anticipated that
another vehicle may appear from the opposite direction.
 R.A. 9995
The Anti-Photo and Video Voyeurism Act of 2009

Prohibited Acts (Sec. 4)

It is hereby prohibited and declared unlawful for any person:

a. To take photo or video coverage of a person or group of

persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, pubic area,
buttocks or female breast without the consent of the
person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
b. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;

c. To sell or distribute, or cause to be sold or distributed,

such photo or video or recording or sexual act, whether it
be the original copy or reproduction thereof; or

d. To publish or broadcast, or cause to be published or

broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or
device.
 R.A. 10175
The Cybercrime Prevention Act of 2012

Punishable acts:

1. Section 4(a)(1) - accessing a computer system without

right;
2. Section 4(a)(3) - data interference, including transmission
of viruses;
3. Section 4(a)(6) - cyber-squatting or acquiring domain
name over the internet in bad faith to the prejudice of
others;
4. Section 4(b)(3) - identity theft or the use or misuse of
identifying information belonging to another;
5. Section 4 (c)(1) - cybersex or the lascivious exhibition of
sexual organs or sexual activity for favor or consideration;
Punishable acts:

6. Section 4(c)(2) - production of child pornography;

7. Section 6 - imposes penalties one degree higher when
crimes defined under the Revised Penal Code are
committed with the use of information and communication
technologies;
8. Section 13 -- permits law enforcement authorities to
require service providers to preserve traffic data and
subscriber information as well as specified content data
for six months;
9. Section 14 - authorizes the disclosure of computer data
under a court-issued warrant;
 Persons Criminally Liable

PD 1829
Decree Penalizing Obstruction of Apprehension and
Prosecution of Criminal Offenders

Punishable acts -- any person, who knowingly or willfully

obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal
cases.
Comparison with Article 20, Revised Penal Code
(accessories exempt from criminal liability)
1. An accessory is exempt from criminal liability when the
principal is his : (a) spouse, or (b) ascendant, (c)
descendant, (d) legitimate, natural or adopted brother,
sister or relative by affinity within the same degree.
2. However, the accessory is not exempt from criminal
liability even if the principal is related to him, if such
accessory profited from the effects of the crime, or
assisted the offender to profit from the effects of the crime
because such acts prompted not by affection but by a
detestable greed.

3. The public officer contemplated in Article 19, paragraph 3

is exempt by reason of relationship to the principal, even
if such public officer acted with abuse of his official
functions. Ties of blood or relationships constitute a more
powerful incentive than the call of duty (Revised Penal Code,
Reyes 2012 ed.).

4. The benefits of the exception provided in Article 20 of the

Revised Penal Code do not apply to PD 1829.
 R.A. 9165
The Comprehensive Dangerous Drugs Act of 2002

1. As a qualifying aggravating circumstance

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 (Revised Penal Code, Criminal Law, Reyes, 2006 ed.,
p. 304).

2. Immunity from prosecution and punishment

The requisites are :

2. a. The accused should be prosecuted for violation of
Sections 7, 11, 12, 14, 15 and 19 of R.A. 9165;
b. Voluntarily gives information of any of these acts :
Sections 4, 5, 6, 8, 12, 13, and 16; violation of any
other provisions of the Act if committed by a syndicate
including any information leading to the whereabouts,
identities, and arrests of any/all of the syndicate
members;
c. He willingly testifies against any of the individuals; and
d. His testimony has complied with the following :
i. It is necessary for the conviction of the above
persons;
ii. It is not yet in the possession of the State;
iii. It can be substantially corroborated in his material
points;
iii. It can be substantially corroborated in its material
points;
iv. The witness has not been convicted of a crime
involving moral turpitude except when there is no
evidence available for his prosecution other than the
testimony of the witness;
v. The witness shall strictly and faithfully comply without
delay any condition/undertaking lawfully imposed by
the state;
vi. The witness does not appear to be the most guilty;
and
vii. There is no direct evidence available except for the
testimony of the witness (Sec. 33, R.A. 9165).
The requisites for exemption from criminal liability under
the voluntary submission program are:

a. He/she has complied with the rules and regulations of

the center, the applicable rules and regulations of the
Dangerous Drugs Board, including the after-care and
follow-up program for at least eighteen (18) months
following temporary discharge from confinement in the
center;

b. He/she has never been charged or convicted under

this Act;

c. He/she has no record of escape from a center; and

d. He/she poses no serious danger to himself/herself,

his/her family or the community by his/her exemption
from criminal liability.
3. Minor offenders

Where the accused is over fifteen (15) years old at the

time of violation of Section 11 or RA 9165 but not more
than eighteen (18) years old at the time when the
judgment should have been promulgated after having
been found guilty of said offense, there may be
suspension of sentence of a first-time minor offender.
Suspension may be given if he has not been previously
convicted of violating any provision of the Comprehensive
Dangerous Drugs Act of 2002, Dangerous Drugs Act of
1972, Revised Penal Code, or any special penal laws;
has not been previously committed to a center or to the
care of a DOH-accredited physician; and the Dangerous
Drugs Board favorably recommends it (See Sec. 66, RA
9165).
3. Minor offenders (cont'd)

If the first-time minor offender under suspended sentence

complies with the rules and regulations of the Board, the
court, upon recommendation of the Board, shall
discharge the accused and dismiss all proceedings (Sec.
67, R.A. 9165)

4. Application/non-application of Revised Penal Code

provisions (Sec. 98, R.A. 9165)

Section 98 of R.A. 9165 expressly states that

“notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code (Act.
No. 3815), as amended, shall not apply to the provisions
of this Act, except in the case of minor offenders. Where
the offender is a minor the penalty for acts punishable by
life imprisonment to death provided herein shall be
reclusion perpetua to death.”
5. Section 29. Criminal Liability for Planting of Evidence.
Any person who is found guilty of “planting” any
dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer
the penalty of death.
 R.A. 10591
An Act Providing for a Comprehensive Law on
Firearms and Ammunition

Highlights of RA 8294

 Section 1 Unlawful Manufacture, Sale

The penalty of prison mayor in its minimum period and a fine

of P30,000.00 shall be imposed if the firearm is classified as
a high powered f/a which includes those with bores bigger in
diameter than .38 caliber and 9mm such as calibers .40, .41,
.44, .45 and also lesser caliber f/a but considered powerful
such as .357 and cal .22 center-fire magnum and other f/a
with firing capability of full automatic and by burst of two or
three. Provided however, that no other crime was committed
by the person arrested.
Highlights of RA 8294

 Only Sections 1, 2, 5 and 7 of PD 1866 and Section 6 of

RA 8294 were repealed.

 Old law punished basically 2 offenses relating to f/a and

explosives, without regard to the nature of the offense
whether it be possession, disposition, acquisition,
manufacture or sale.

 The new law separated the offenses of acquisition or

possession from the offenses of manufacture, importation
or sale of f/a and ammunition with a higher penalty.

 Use of imitation firearms -- if used in the commission of a

crime shall be considered a real firearm.
Highlights of RA 8294
 Imitation firearm -- refers to a replica of a f/a, or other
device that is so substantially similar in coloration and
overall appearance to an existing f/a as to lead a
reasonable person to believe that such imitation f/a is a
real f/a (section 3 q).
 Custodia Legis -- during the pendency of the case in trial
of the act, seized f/a, ammunition or parts thereof,
machinery, tool or instruments shall remain in the custody
of the court (sec 36). (This provision runs afoul with the
criminal procedure in which object evidence shall remain
in the custody of the prosecution until it is offered, etc.).
 Only small f/a may be registered by licensed citizens or
licensed juridical entities for ownership, possession and
concealed carry.
 RA 7438
Rights of Persons Arrested, Detained or
Under Custodial Investigation

It involves inculpatory inquiry initiated by law

enforcement authorities after a person is taken into custody
or otherwise deprived of his freedom of action in any
significant manner. The rules on custodial investigation begin
to operate as soon as the investigation ceases to be a
general inquiry into an unsolved crime and begins to focus
on a particular suspect.
 People v. Tan, G.R. No. 117321, February 11, 1998

“When the suspect is taken into custody and the

police carries out a process of interrogations that tends itself
to eliciting incriminating statements, the rule begins to
operate.

It shall include the practice of issuing an invitation to a

person who is investigated in connection with an offense he
is suspected to have committed, without prejudice to the
liability of the inviting officer for any violation of law.”
 Morales, Jr. vs. Enrile, et. al.,
“At the time a person is arrested, it shall be the duty of
the arresting officer :
1. To inform him of the reason for the arrest;
2. To show the Warrant of Arrest, if any;
3. To inform of his constitutional rights
a. to remain silent and to counsel
b. that any statement he might make could be used
against him.
c. the person arrested shall have the right to
communicate with his lawyer, a relative, or anyone
he chooses by the most expedient means -- by
telephone if possible-- or by letter or messenger.
 Custodial Investigation shall be conducted :

1. In the presence of counsel engaged by the person

arrested;

2. By any person on his behalf, or appointed by the court

upon petition either of the detainee himself or by
anyone on his behalf;

3. Right to counsel may be waived but the waiver shall

not be valid unless made with the assistance of
counsel;

4. Any violation of the procedure, whether exculpatory or

inculpatory, shall be inadmissible in evidence.