TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS

Crimes committed by public officers
1.
Knowingly rendering unjust judgment (Art.
204);
2.
Judgment rendered through negligence (Art.
205);
3.
Unjust interlocutory order (Art. 206);
4.
Malicious delay in the administration of
justice (Art. 207);
5.
Prosecution of offenses; negligence and
tolerance (Art. 208);
6.
Betrayal of trust by an attorney or solicitor
Revelation of secrets (Art. 209);
7.
Direct bribery (Art. 210);
8.
Indirect bribery (Art. 211);
9.
Qualified bribery (Art. 211-A);
10.
Corruption of public officials (Art. 212);
11.
Frauds against the public treasury and
similar offenses (Art. 213);
12.
Other frauds (Art. 214);
13.
Prohibited transactions (Art. 215);
14.
Possession of prohibited interest by a public
officer (Art. 216);
15.
Malversation of public funds or property
Presumption of malversation (Art. 217)
16.
Failure of accountable officer to render
accounts (Art. 218);
17.
Failure of a responsible public officer to
render accounts before leaving the country (Art.
219);
18.
Illegal use of public funds or property (Art.
220);
19.
Failure to make delivery of public funds or
property (Art. 221);
20.
Conniving with or consenting to evasion
(Art. 223);
21.
Evasion through negligence (Art. 224);
22.
Escape of prisoner under the custody of a
person not a public officer (Art. 225);
23.
Removal, concealment or destruction of
documents (Art. 226);
24.
Officer breaking seal (Art. 227);
25.
Opening of closed documents (Art. 228);
26.
Revelation of secrets by an officer (Art.
229);
27.
Public officer revealing secrets of private
individual (Art. 230);
28.
Open disobedience (Art. 231);

29.
Disobedience to order of superior officer
when said order was suspended by inferior officer
(Art. 232);
30.
Refusal of assistance (Art. 233);
31.
Refusal to discharge elective office (Art.
234);
32.
Maltreatment of prisoners (Art. 235);
33.
Anticipation of duties of a public office
(Art. 236);
34.
Prolonging performance of duties and
powers (Art. 237);
35.
Abandonment of office or position (Art.
238);
36.
Usurpation of legislative powers (Art. 239);
37.
Usurpation of executive functions (Art.
240);
38.
Usurpation of judicial functions (Art. 241);
39.
Disobeying request for disqualification (Art.
242);
40.
Orders or requests by executive officers to
any judicial authority (Art. 243);
41.
Unlawful appointments (Art. 244); and
42.
Abuses against chastity (Art. 245).
Article 203
WHO ARE PUBLIC OFFICERS:
Takes part in the performance of public functions
in the Government, or
Performs public duties as an employee, agent or
subordinate official in the govt or any of its
branches
Breach of oath of office partakes of three forms:
Misfeasance: means improper performance of an
act which might be properly be performed
Malfeasance: means performance of an act which
ought not to be done
Nonfeasance: means omission of an act which
ought to be done
Malfeasance

Doing of an act which a public officer s

Misfeasance

Improper doing of an act which a perso

Nonfeasance

Failure of an agent to perform his unde

Article 204:
KNOWINGLY RENDERING AN UNJUST
JUDGMENT

That the delay is malicious, that is, the delay is

caused by the judge with deliberate intent to inflict
damage on either party in the case.

ELEMENTS:
Offender is a judge

Article 208
PROSECUTION OF OFFENSES; NEGLIGENCE
AND TOLERANCE

Renders a judgment in the case submitted to him

for judgment
Judgment is unjust
Knowledge that the decision is unjust
Article 205
JUDGMENT RENDERED THROUGH
NEGLIGENCE
ELEMENTS:
Offender is a judge
Renders a judgment in a case submitted to him for
decision
Judgment is manifestly unjust
Due to inexcusable negligence or ignorance
Article 206
UNJUST INTERLOCUTORY ORDER
ELEMENTS:
That the offender is a judge.
That he performs any of the following acts:
knowingly renders unjust interlocutory order or
decree, or
renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or
ignorance.
Article 207
MALICIOUS DELAY IN THE
ADMINISTRATION OR JUSTICE
ELEMENTS:
That the offender is a judge.
That there is a proceeding in his court.

Acts Punished
1.
Maliciously refraining from instituting
prosecution against violators of the law;
2.
Maliciously tolerating the commission of
offenses.
ELEMENTS OF DERELICTION OF DUTY IN
THE PROSECUTION OF OFFENSES:
That the offender is a public officer or officer of the
law who has a duty to cause the prosecution of, or
to prosecute offenses.
That there is dereliction of the duties of his office,
that is, knowing the commission of the crime, he
does not cause (a) the prosecution of the criminal
(People vs. Rosales, G.R. no. 42648) or (b)
knowing that a crime is about to be committed he
tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
That the offender acts with malice and deliberate
intent to favor the violator of the law.
PREVARICACION: negligence and tolerance in
the prosecution of an offense
Article. 211-A. Qualified Bribery If any public
officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender
who has committed a crime punishable by
Reclusion Perpetua and/or death in consideration
of any offer, promise, gift, or present, he shall
suffer the penalty for the offense which was not
prosecuted.
Article 209
BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLICITOR
(NOT NECESSARILY A PUBLIC OFFICER
ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT)

That he delays the administration of justice.

ACTS PUNISHED:

Causing damage to client (prejudice is essential)

either
by any malicious breach of professional duty, or
by inexcusable negligence or ignorance.
Revealing any of the secrets of his client learned by
him in his professional capacity (damage not
necessary)
Undertaking the defense of the opposing party of
the 1st client and/or having received confidential
information from the latter and without the latters
consent (damage not necessary)
Article 210
DIRECT BRIBERY

Article 211-A
QUALIFIED BRIBERY
ELEMENTS:
Public officer entrusted with law enforcement
Refrains from arresting/prosecuting offender for
crime punishable by reclusion perpetua and/or
death
(if lower penalty than stated above, the crime is
direct bribery)
In consideration of any offer, promise or gift
Article 212
CORRUPTION OF PUBLIC OFFICIALS

ELEMENTS:
That the offender be a public officer within the
scope of Art 203

ELEMENTS:
That the offender makes offers or promises or gives
gifts or present to a public officer.

That the offender accepts an offer or promise or

receives a gift or present by himself or through
another

That the offers or promises are made or the gifts or

presents given to a public officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery
FRAUDS AND ILLEGAL EXACTIONS AND
TRANSACTIONS

That such offer or promise be accepted or

gift/present received by the public officer (mere
agreement consummates the crime)
with a view to committing some crime (delivery of
consideration is not necessary) or
in consideration of an execution of an act which
does not constitute a crime, but the act must be
unjust (delivery of consideration is necessary), or
to refrain from doing something which is his
official duty to do
That the act which the offender agrees to perform
or which he executes be connected with the
performance of his official duties
Article 211
INDIRECT BRIBERY
ELEMENTS:
That the offender is a public officer.

Article 213
FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS: (par. 1)
That the offender be a public officer.
That he should have taken advantage of his office,
that is, he intervened in the transaction in his
official capacity.
That he entered into an agreement with any
interested party or speculator or made use of any
other scheme with regard to (a) furnishing supplies
(b) the making of contracts, or (c) the adjustment
or settlement of account relating to a public
property or funds.
That the accused had intent to defraud the
government.
ILLEGAL EXACTIONS (par 2)

That he accepts gifts.

That the said gifts are offered to him by reason of
his office.

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

He is guilty of any of the following acts or

omissions:

estate or property in the approval, distribution or

adjudication of which they had acted.

demanding, directly or indirectly the payment of

sums different from or larger than those authorized
by law, or

Guardians and executors with respect to property

belonging to their wards or the estate.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY

failing voluntarily to issue a receipt, as provided by

law, for any sum of money collected by him
officially, or

Article 217
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY

Collecting or receiving, directly or indirectly, by

way of payment or otherwise, things or objects of a
nature different from that provided by law.
Article 214
OTHER FRAUDS

ELEMENTS COMMON TO ALL ACTS

MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
That the offender be a public officer (or private
person if entrusted with public funds or connived
with public officers)

ELEMENTS:
That the offender is a public officer.
That he takes advantage of his official position.
That he commits any of the frauds or deceits
enumerated in art. 315 to 318. (estafa; swindling)
Article 215
PROHIBITED TRANSACTIONS
ELEMENTS:
That the offender is an appointive public officer.
That he becomes interested, directly or indirectly,
in any transaction of exchange or speculation.
That the transaction takes place within the territory
subject to his jurisdiction.
That he becomes interested in the transaction
during his incumbency.
Article 216
POSSESSION OF PROHIBITED INTERESTS BY
A PUBLIC OFFICER
Who are liable:
Public officer in any contract or business in
which it is his official duty to intervene.
Experts, arbitrators and private accountants in
any contract or transaction connected with the

That he had the custody or control of funds or

property (if not accountable for the funds, theft or
qualified theft)
That those funds or property were public funds or
property (even if private funds if attached, seized,
deposited or commingled with public funds)
That he:
Appropriated the funds or property
Took or misappropriated them
Consented or, through abandonment or negligence,
permitted any other person to take such public
funds or property. (it is not necessary that the
offender profited thereby. His being remiss in the
duty of safekeeping public funds violates the trust
reposed)
Article 218
FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS
ELEMENTS:
That the offender is a public officer, whether in the
service or separated therefrom.
That he must be an accountable officer for public
funds property.

That he is required by law or regulation to render

accounts to the commission on audit, or to a
provincial auditor.

ELEMENTS:
Offender has govt funds or property in his
possession

That he fails to do so for a period of two months

after such accounts should be rendered.

He is under obligation to either:

make payment from such funds

The public officers who are bound to render

accounts are the following:
1. cashiers
2. storekeepers
3. warehousemen and
4. those who by the nature of their position become
custodian or public funds or property.
Article 219
FAILURE OF A RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY

to deliver property in his custody or administration

when ordered by competent authority

ELEMENTS:
That the offender is a public officer.

Administrator or depositary of funds or property

that has been attached, seized or deposited by
public authority, even if owned by a private
individual

That he must be an accountable officer for public

funds or property.

He maliciously fails or refuses to do so

Article 222
PERSONS WHO MAY BE HELD LIABLE
UNDER ARTS 217 TO 221
Private individual who, in any capacity, have
charge of any national, provincial or municipal
funds, revenue, or property

INFIDELITY OF PUBLIC OFFICERS

That he must have unlawfully left (or be on the
point of leaving) the Philippines without securing
from the Commission on Audit a certificate
showing that his accounts have been finally settled.
Article 220
ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY (Technical Malversation)
ELEMENTS:
That the offender is a public officer.
That there is public fund or property under his
administration.
That such public fund or property has been
appropriated by law or ordinance (without this, it
is simple malversation even if applied to other
public purpose).
That he applies the same to a public use other than
for which such fund or property has been
appropriated by law or ordinance.
Article 221
FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY

Article 223
CONNIVING WITH OR CONSENTING TO
EVASION
ELEMENTS:
That the offender is a public officer (on duty).
That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner
by final judgment.
That such prisoner escaped from his custody
That he was in connivance with the prisoner in the
latters escape
Article 224
EVASION THROUGH NEGLIGENCE
ELEMENTS:
That the offender is a public officer.
That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner
by final judgment.
That such prisoner escapes through his negligence.

Penalty based on nature of imprisonment

Article 225
ESCAPE OF PRISONERS UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
ELEMENTS:
That the offender is a private person (note: must be
on duty)

Article 228
OPENING OF CLOSED DOCUMENTS
ELEMENTS:
That the offender is a public officer.
That any closed papers, documents, or objects are
entrusted to his custody.
That he opens or permits to be opened said closed
papers, documents or objects.

That the conveyance or custody of a prisoner or

person under arrest is confined to him.

That he does not have proper authority.

That the prisoner or person under arrest escapes.

REVELATION OF SECRETS

That the offender consents to the escape of the

prisoner or person under arrest, or that the escape
takes place through his negligence
INFIDELITY IN CUSTODY OF DOCUMENTS

Article 229
REVELATION OF SECRET BY AN OFFICER

Article 226
REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS
ELEMENTS:
That the offender be a public officer.
That he abstracts, destroys or conceals a document
or papers.
That the said document or paper should have been
entrusted to such public officer by reason of his
office.
That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
Article 227
OFFICER BREAKING SEAL

ELEMENTS OF PAR.1: BY REASON OF HIS

OFFICIAL CAPACITY
That the offender is a public officer.
That he knows of a secret by reason of his official
capacity.
That he reveals such secret without authority or
justifiable reasons.
That damage, great or small, be caused to the
public interest.
(damage is essential)
ELEMENTS OF PAR 2 DELIVERING
WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE
AND WHICH SHOULD NOT BE PUBLISHED:
That the offender is a public officer.
That he has charge of papers.
That those papers should not be published.

ELEMENTS :
That the offender is a public officer.
That he is charged with the custody of papers or
property.
That these papers or property are sealed by proper
authority.
That he breaks the seals or permits them to be
broken.

That he delivers those papers or copies thereof to a

third person.
That the delivery is wrongful.
That damage be caused to public interest.
Article 230
PUBLIC OFFICER REVEALING SECRETS OF
PRIVATE INDIVIDUAL

That the offender is a public officer.

ELEMENTS:
That the offender is a public officer
That he knows of the secret of a private individual
by reason of his office.
That he reveals such secrets without authority or
justification reason.
OTHER OFFENSES OR IRREGULARITIES BY
PUBLIC OFFICERS
Article 231
OPEN DISOBEDIENCE
ELEMENTS:
That the offender is a judicial or executive officer.
That there is a judgment, decision or order of
superior authority.
That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all the legal formalities.
that the offender without any legal justification
openly refuses to execute the said judgment,
decision or order which he is duty bound to obey.
Article 232
DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER
ELEMENTS:
That the offender is a public officer.
That an order is issued by his superior for
execution.
That he has for any reason suspended the execution
of such order.
That his superior disapproves the suspension of the
execution of the order.
That the offender disobeys his superior despite the
disapproval of the suspension.
Article 233
REFUSAL OF ASSISTANCE
ELEMENTS:

That a competent authority demands from the

offender that he lend his cooperation towards the
administration of justice or other public service.
That the offender fails to do so maliciously.
Article 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
ELEMENTS:
That the offender is elected by popular election to a
public office.
That he refuses to be sworn in or discharge the
duties of said office.
That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
Article 235
MALTREATMENT OF PRISONERS
ELEMENTS:
That the offender is a public officer or employee.
That he has under charge a prisoner or detention
prisoner (otherwise the crime is physical injuries)
That he maltreats such prisoner in either of the
following manners:
By overdoing himself in the correction or handling
of a prisoner or detention prisoner under his
charge either
by the imposition of punishments not authorized by
the regulations, or
by inflicting such punishments (those authorized)
in a cruel and humiliating manner, or
by maltreating such prisoner to extort a confession
or to obtain some information from the prisoner.
Article 236
ANTICIPATION OF DUTIES OF A PUBLIC
OFFICE
ELEMENTS:
That the offender is entitled to hold a public office
or employment, either by election or appointment.

That the law requires that he should first be sworn

in and/or should first give a bond.
That he assumes the performance of the duties and
powers of such office.

That he (a.) assumes a power pertaining to the

executive authorities, or (b.) obstructs executive
authorities in the lawful exercise of their powers.
Article 241
USURPATION OF JUDICIAL FUNCTIONS

That he has not taken his oath of office and /or

given the bond required by law.

ELEMENTS:
That the offender is an officer of the executive
branch of the government.

Article 237
PROLONGING PERFORMANCE OF DUTIES
AND POWERS

That he (a.) assumes judicial powers, or (b.)

obstruct the execution of any order decision
rendered by any judge within his jurisdiction.

ELEMENTS:
That the offender is holding a public office.

Note: A mayor is guilty under this article when he

investigates a case while a justice of the peace is in
the municipality

That the period provided by law, regulations or

special provisions for holding such office has
already expired.
That he continues to exercise the duties and powers
of such office.
Article 238
ABANDONMENT OF OFFICE OR POSITION
ELEMENTS:
That the offender is a public officer.
That he formally resigns from his position.

Article 242
DISOBEYING REQUEST FOR
DISQUALIFICATION
ELEMENTS:
That the offender is a public officer.
That a proceeding is pending before such public
officer.
That there is a question brought before the proper
authority regarding his jurisdiction, which is not
yet decided.

That his resignation has not yet been accepted.

That he abandons his office to the detriment of the
public service.
Article 239
USURPATION OF LEGISLATIVE POWERS
ELEMENTS:
That the offender is an executive or judicial officer.
That he (a.) makes general rules or regulations
beyond the scope of his authority or (b.) attempts to
repeal a law or (c.) suspends the execution thereof.
Article 240
USURPATION OF EXECUTIVE FUNCTIONS
ELEMENTS:
That the offender is a judge.

That he has been lawfully required to refrain from

continuing the proceeding.
That he continues the proceeding.
Article 243
ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY
ELEMENTS:
That the offender is an executive officer.
That he addresses any order or suggestion to any
judicial authority.
That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
Article 244
UNLAWFUL APPOINTMENTS

ELEMENTS:
That the offender is a public officer.
That he nominates or appoints a person to a public
office.
That such person lacks the legal qualification
therefor.
That the offender knows that his nominee or
appointee lacks the qualification at the time he
made the nomination or appointment.
Article 245
ABUSES AGAINST CHASTITY
ELEMENTS:
That the offender is a public officer.
That he solicits or makes immoral or indecent
advances to a woman.
That such woman must be
interested in matters pending before the offender
for decision, or with respect to which he is required
to submit a report to or consult with a superior
officer, or
under the custody of the offender who is a warden
or other public officer directly charged with care
and custody of prisoners or person under arrest, or
the wife, daughter, sister or relative within the
same degree by affinity of the person in the custody
of the offender
TITLE EIGHT
CRIMES AGAINST PERSONS
Crimes against persons
1.
Parricide (Art. 246);
2.
Murder (Art. 248);
3.
Homicide (Art. 249);
4.
Death caused in a tumultuous affray (Art.
251);
5.
Physical injuries inflicted in a tumultuous
affray (Art. 252);
6.
Giving assistance to suicide (Art. 253);
7.
Discharge of firearms (Art. 254);
8.
Infanticide (Art. 255);
9.
Intentional abortion (Art. 256);
10.
Unintentional abortion (Art. 257);

11.
Abortion practiced by the woman herself or
by her parents (Art. 258);
12.
Abortion practiced by a physician or
midwife and dispensing of abortives (Art. 259);
13.
Duel (Art. 260);
14.
Challenging to a duel (Art. 261);
15.
Mutilation (Art. 262);
16.
Serious physical injuries (Art. 263);
17.
Administering injurious substances or
beverages (Art. 264);
18.
Less serious physical injuries (Art. 265);
19.
Slight physical injuries and maltreatment
(Art. 266); and
20.
Rape (Art. 266-A).
DESTRUCTION OF LIFE
Article 246
PARRICIDE
ELEMENTS:
That a person is killed.
That the deceased is killed by the accused.
That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the
legitimate spouse of the accused.
Article 247
DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES
Requisites:
A legally married person or parent surprises his
spouse or daughter (the latter must be under 18
and living with them) in the act of committing
sexual intercourse with another person
He/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
He has not promoted or facilitated the prostitution
of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.
Article 248
MURDER

ELEMENTS :
That a person was killed.

PENALTY FOR FRUSTRATED PARRICIDE,

MURDER OR HOMICIDE

That the accused killed him.

That the killing was attended by any of the
following qualifying circumstances
with treachery, taking advantage of superior
strength, with the aid or armed men, or employing
means to weaken the defense or of means or
persons to insure or afford impunity

Article 251
DEATH IN A TUMULTOUS AFFRAY
ELEMENTS:
That there be several persons.
That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally.

in consideration of price, reward or promise

by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or
assault upon a street car or locomotive, fall of
airship, by means of motor vehicles or with the use
of any other means involving great waste or ruin
on occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic or any other public calamity
with evident premeditation
with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or outraging
or scoffing at his person or corpse

That these several persons quarreled and assaulted

one another in a confused and tumultuous manner.
That someone was killed in the course of the affray.
That it cannot be ascertained who actually killed
the deceased.
That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Article 252
PHYSICAL INJURIES INFLICTED IN A
TUMULTOUS AFFRAY

The killing is not parricide or infanticide.

ELEMENTS:
that there is a tumultuous affray as referred to in
the preceding article.

Article 249
HOMICIDE

That a participant or some participants thereof

suffer serious physical injuries or physical injuries
of a less serious nature only.

ELEMENTS:
That a person was killed.

that the person responsible therefor cannot be

identified.

That the accused killed him without any justifying

circumstances.

That all those who appear to have used violence

upon the person of the offended party are known.

That the accused had the intention to kill, which is

presumed.

Article 253
GIVING ASSISTANCE TO SUICIDE

That the killing was not attended by any of the

qualifying circumstances of murder, or by that of
parricide or infanticide.

Acts punishable:
Assisting another to commit suicide, whether the
suicide is consummated or not

Article 250

Lending his assistance to another to commit

suicide to the extent of doing the killing himself
Article 254
DISCHARGE OF FIREARMS

Article 258
ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS

ELEMENTS:
that the offender discharges a firearm against or at
another person.

ELEMENTS :
That there is a pregnant woman who has suffered
an abortion.

That the offender has no intention to kill that

person.
Article 255
INFANTICIDE

That the abortion is intended.

That the abortion is caused by
the pregnant woman herself

ELEMENTS:
That a child was killed.
That the deceased child was less than three days
(72 hours) of age.
That the accused killed the said child.
Article 256
INTENTIONAL ABORTION
ELEMENTS:
That there is a pregnant woman.
That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman.

any other person, with her consent, or

any of her parents, with her consent for the
purpose of concealing her dishonor.
Article 259
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF ABORTIVES
ELEMENTS:
That there is a pregnant woman who has suffered
an abortion.
That the abortion is intended.
That the offender, who must be a physician or
midwife, causes or assists in causing the abortion.

That as a result of the use of violence or drugs or

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

That said physician or midwife takes advantage of

his or her scientific knowledge or skill.

That the abortion is intended.

Article 260
RESPONSIBILITY OF PARTICIPANTS IN A
DUEL

Article 257
UNINTENTIONAL ABORTION
ELEMENTS:
That there is a pregnant woman.
That violence is used upon such pregnant woman
without intending an abortion.

Acts punished:
Killing ones adversary in a duel
Inflicting upon the adversary serious physical
injuries
Making a combat although no physical injuries
have been inflicted

That the violence is intentionally exerted.

That as a result of the violence that fetus dies,
either in the womb or after having been expelled
therefrom.

Persons liable:
Principals person who killed or inflicted physical
injuries upon his adversary, or both combatants in
any other cases

Accomplices as seconds
Article 261
CHALLENGING TO A DUEL
Acts punishable:
Challenging another to a duel
Inciting another to give or accept a challenge to a
duel
Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel

Injured person becomes insane, imbecile, impotent

or blind
Injured person
loses the use of speech or the power to hear or to
smell, loses an eye, a hand, foot, arm or leg
loses the use of any such member
becomes incapacitated for the work in which he
had been habitually engaged
Injured person

Persons liable:
Challenger
Instigators
Article 262
MUTILATION

becomes deformed

Kinds of Mutilation

becomes ill or incapacitated for the performance of

the work in which he had been habitually engaged
in for more than 90 days

Intentionally mutilating another by depriving him,

totally or partially, of some essential organ for
reproduction
Intentionally making another mutilation, i.e.
lopping, clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of the
body
Elements:
There be a castration i.e. mutilation of organs
necessary for generation

loses any other member of his body

loses the use thereof

Injured person becomes ill or incapacitated for

labor for more than 30 days (but not more than 90
days)
Article 264
ADMINISTERING INJURIOUS SUBSTANCES
OR BEVERAGES
ELEMENTS:
That the offender inflicted upon another person any
serious physical injury

Mutilation is caused purposely and deliberately

Article 263
SERIOUS PHYSICAL INJURIES
How Committed
Wounding
Beating
Assaulting
Administering injurious substances
What are serious physical injuries:

That it was done knowingly administering to him

any injurious substances or beverages or by taking
advantage of his weakness of mind of credulity
He had no intent to kill
Article 265
LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
That the offended party is incapacitated for labor
for 10 days or more (but not more than 30 days), or
needs medical attendance for the same period of
time

That the physical injuries must not be those

described in the preceding articles
Article 266
SLIGHT PHYSICAL INJURIES
3 Kinds:
That which incapacitated the offended party for
labor from 1-9 days or required medical
attendance during the same period
That which did not prevent the offended party from
engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)
Ill-treatment of another by deed without causing
any injury (ex. slapping but without causing
dishonor)
RAPE
ART 266-A
RAPE
The Anti-Rape Law of 1997 (RA 8353) now
classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC to be
known as Chapter 3
ELEMENTS:
Rape is committed
By a man who have carnal knowledge of a woman
under any of the following circumstances:
through force, threat or intimidation
when the offended party is deprived of reason or
otherwise unconscious
by means of fraudulent machination or grave abuse
of authority
when the offended party is under 12 years of age or
is demented, even though none of the
circumstances mentioned above be present
By any person who, under any of the circumstances
mentioned in par 1 hereof, shall commit an act of
sexual assault by inserting

his penis into another persons mouth or anal

orifice, or
any instrument or object, into the genital or anal
orifice of another person
TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
Crimes against liberty
1.
Kidnapping and serious illegal detention
(Art. 267);
2.
Slight illegal detention (Art. 268);
3.
Unlawful arrest (Art. 269);
4.
Kidnapping and failure to return a minor
(Art. 270);
5.
Inducing a minor to abandon his home (Art.
271);
6.
Slavery (Art. 272);
7.
Exploitation of child labor (Art. 273);
8.
Services rendered under compulsion in
payment of debts (Art. 274).
Crimes against security
1.
Abandonment of persons in danger and
abandonment of one's own victim (Art. 275);
2.
Abandoning a minor (Art. 276);
3.
Abandonment of minor by person entrusted
with his custody; indifference of parents (Art. 277);
4.
Exploitation of minors (Art. 278);
5.
Trespass to dwelling (Art. 280);
6.
Other forms of trespass (Art. 281);
7.
Grave threats (Art. 282);
8.
Light threats (Art. 283);
9.
Other light threats (Art. 285);
10.
Grave coercions (Art. 286);
11.
Light coercions (Art. 287);
12.
Other similar coercions (Art. 288);
13.
Formation, maintenance and prohibition of
combination of capital or labor through violence or
threats (Art. 289);
14.
Discovering secrets through seizure of
correspondence (Art. 290);
15.
Revealing secrets with abus of office (Art.
291);
16.
Revealing of industrial secrets (Art. 292).
Article 267
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION

ELEMENTS:
Offender is a private individual
He kidnaps or detains another, or in any other
manner deprives the latter of his liberty
The act of detention or kidnapping must be illegal
That in the commission of the offense, any of the
following circumstances are present (becomes
serious)
that the kidnapping/detention lasts for more than 3
days
that it is committed simulating public authority
that any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill
him are made, or
that the person kidnapped or detained is a minor
(except if parent is the offender), female or a public
officer
Article 268
SLIGHT ILLEGAL DETENTION
ELEMENTS:
Offender is a private person
He kidnaps or detains another or in any other
maner deprives him pof his liberty / furnished place
for the perpetuation of the crime
That the act of detention or kidnapping must be
illegal

Article 270
KIDNAPPING AND FAILURE TO RETURN A
MINOR
ELEMENTS:
That the offender is entrusted with the custody of a
minor person (whether over or under 7 but less
than 18 yrs old)
That he deliberately fails to restore the said minor
to his parents
Article 271
INDUCING A MINOR TO ABANDON HIS
HOME
ELEMENTS:
That the minor (whether over or under 7) is living
in the home of his parents or guardians or the
person entrusted with his custody
That the offender induces a minor to abandon such
home
Article 272
SLAVERY
ELEMENTS:
That the offender purchases. Sells, kidnaps or
detains a human being.
That the purpose of the offender is to enslave such
human being.
Article 273
EXPLOITION OF CHILD LABOR
ELEMENTS:
That the offender retains a minor in his service.
That it is against the will of the minor.

That the crime is committed without the attendant

of any of the circumstances enumerated in Art 267
Article 269
UNLAWFUL ARREST
ELEMENTS:
That the offender arrests or detains another person
That the purpose of the offender is to deliver him to
the proper authorities
That the arrest or detention is not authorized by
law or there is no reasonable ground therefor

That it is under the pretext of reimbursing himself

of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor.
Article 274
SERVICES RENDERED UNDER COMPULSION
IN PAYMENT OF DEBT
ELEMENTS:
That the offender compels a debtor to work for
him, either as household servant or farm laborer.
That it is against the debtors will.

That the purpose is to require or enforce the

payment of a debt.

ABANDONMENT OF MINOR BY PERSON

ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS

CRIMES AGAINST SECURITY

Acts punished:

Article 275
ABANDONMENT OF PERSON IN DANGER
AND ABANDONMENT OF ONES OWN
VICTIM

By delivering a minor to a public institution or

other persons w/o consent of the one who entrusted
such minor to the care of the offender or, in the
absence of that one, without the consent of the
proper authorities

Acts punishable:
By failing to render assistance to any person whom
the offender finds in an inhabited place wounded
or in danger of dying, when he can render such
assistance without detriment to himself, unless such
omission shall constitute a more serious offense
Elements
That place is not inhabited.
The accused found there a person wounded or in
danger of dying.
The accused can render assistance without
detriment to himself.

Elements:
That the offender has charged of the rearing or
education of a minor.
That he delivers said minor to a public institution
or other persons.
That the one who entrusted such child to the
offender has not consented to such act, or if the one
who entrusted such child to the offender is absent;
the proper authorities have not consented to it.
By neglecting his (offenders) children by not
giving them education which their station in life
requires and financial condition permits

The accused fails to render assistance.

By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured
By failing to deliver a child, under 7 whom the
offender has found abandoned, to the authorities or
to his family, or by failing to take him to a safe
place
Article 276
ABANDONING A MINOR
ELEMENTS:
That the offender has the custody of a child.

Elements:
That the offender is a parent.
That he neglects his children by not giving them
education.
That his station in life requires such education and
his financial condition permits it.
Article 278
EXPLOITATION OF MINORS
Acts punished:
By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or
contortion, the offender being any person

That the child is under seven years of age.

That he abandons such child.
That he has no intent to kill the child when the
latter is abandoned.
Article 277

By employing children under 16 who are not the

children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer or circus manager or
engaged in a similar calling

By employing any descendant under 12 in

dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged
in any of said callings
By delivering a child under 16 gratuitously to any
person following any of the callings enumerated in
par 2 or to any habitual vagrant or beggar, the
offender being an ascendant, guardian, teacher or
person entrusted in any capacity with the care of
such child
By inducing any child under 16 to abandon the
home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the
callings mentioned in par 2 or to accompany any
habitual vagrant or beggar, the offender being any
person
ADDITIONAL PENALTIES FOR OTHER
OFFENSES: (279)
Article 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
That the offender is a private person.
That he enters the dwelling of another.

unlawful and the offender (Note: threat is with

condition)
Elements
That the offender threatens another person with the
infliction upon the latters person, honor or
property, or upon that of the latters family, of any
wrong.
That such wrong amounts to a crime.
That there is a demand for money or that any other
condition is imposed, even though not unlawful.
That the offender attains his purpose.
By making such threat without the offender
attaining his purpose
By threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime, the threat not
being subject to a condition (Note: threat is without
condition)
Elements
That the offender threatens another person with the
infliction upon the latters person, honor or
property, or upon that of the latters family, of any
wrong.

That such entrance is against the latters will.

That such wrong amounts to a crime.
Article 281
OTHER FORMS OF TRESPASS
ELEMENTS:
That the offender enters the closed premises or the
fenced estate of another.
That the entrance is made while either of them is
uninhabited.
That the prohibition to enter be manifest.
Article 282
GRAVE THREATS

That the threat is not subject to a condition

Article 283
LIGHT THREATS
ELEMENTS:
That the offender makes a threat to commit a
wrong.
That the wrong does not constitute a crime.
That there is a demand for money or that other
condition is imposed, even though not unlawful

Acts punishable:
By threatening another with the infliction upon his
person, honor or property that of his family of any
wrong amounting to a crime and demanding money
or imposing any other condition, even though not

That the offender has attained his purpose or, that

he has not attained his purpose
Article 285
OTHER LIGHT THREATS

ELEMENTS:
Person shall threaten another with a weapon, or
draw weapon in a quarrel unless in self-defense.
In the heat of anger, person orally threatens
another with some harm constituting a crime,
without persisting in the idea involved in the threat.
Subsequent acts did not persist.
Person orally threatens another with harm not
constituting a felony.
Article 286
GRAVE COERCIONS
ELEMENTS:
That a person prevented another from doing
something OR not to do something against his will,
be it right or wrong;
That the prevention or compulsion be effected by
violence, of force as would produce intimidation
and control the will.
That the person that restrained the will and liberty
by another had not the authority of law or the right
to do so, or, in other words, that the restraint shall
not be made under authority of law or in the
exercise of any lawful right.
Acts punished
1.
Preventing another, by means of violence,
threats or intimidation, from doing something not
prohibited by law;
2.
Compelling another, by means of violence,
threats or intimidation, to do something against his
will, whether it be right or wrong.
Article 287
LIGHT COERCIONS
ELEMENTS:
That the offender must be a creditor.

Article 288
OTHER SIMILAR COERCIONS
ELEMENTS OF NO. 1
Forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to purchase
merchandise of commodities of any kind from him;
That the offender is any person, agent or officer of
any association or corporation.
That he or such firm or corporation has employed
laborers or employees.
That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any
of his or its laborers or employees to purchase
merchandise or commodities of any kind from his
or from said firm or corporation.
ELEMENTS OF NO. 2
Paying the wages due his laborer or employee by
means of tokens or object other than the legal
tender currency of the Philippines, unless expressly
requested by such laborer or employee.
That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects.
That those tokens or objects are other than the
legal tender currency to the Philippines.
That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
Article 289
FORMATION, MAINTENANCE, AND
PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE
OR THREATS

That he seizes anything belonging to his debtor.

That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation;
That the purpose of the offender is to apply the
same to the payment of the debt.

ELEMENTS:
That the offender employs violence or threats, in
such a degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work

That the purpose is to organize, maintain or

prevent coalitions of capital or labor, strike of
laborers or lockout of employees.
DISCOVERY AND REVELATION OF SECRETS
Article 290
DISCOVERING SECRETS THROUGH SEIZURE
OF CORRESPONDENCE
ELEMENTS:
That the offender is a private individual or even a
public officer not in the exercise of his official
function,
That he seizes the papers or letters of another.
That the purpose is to discover the secrets of such
another person.
That offender is informed of the contents or the
papers or letters seized.
Article 291
REVEALING SECRETS WITH ABUSE OF
OFFICE
ELEMENTS:
That the offender is a manager, employee or
servant.
That he learns the secrets of his principal or master
in such capacity.
That he reveals such secrets.
Article 292
REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
That the offender is a person in charge, employee
or workman of a manufacturing or industrial
establishment.
That the manufacturing or industrial establishment
has a secret of the industry which the offender has
learned.

1.
Robbery with violence against or
intimidation of persons (Art. 294);
2.
Attempted and frustrated robbery
committed under certain circumstances (Art. 297);
3.
Execution of deeds by means of violence or
intimidation (Art. 298);
4.
Robbery in an inhabited house or public
building or edifice devoted to worship (Art. 299);
5.
Robbery in an inhabited place or in a
private building (Art. 302);
6.
Possession of picklocks or similar tools
(Art. 304);
7.
Brigandage (Art. 306);
8.
Aiding and abetting a band of brigands (Art.
307);
9.
Theft (Art. 308);
10.
Qualified theft (Art. 310);
11.
Theft of the property of the National
Library and National Museum (Art. 311);
12.
Occupation of real property or usurpation of
real rights in property (Art. 312);
13.
Altering boundaries or landmarks (Art.
313);
14.
Fraudulent insolvency (Art. 314);
15.
Swindling (Art. 315);
16.
Other forms of swindling (Art. 316);
17.
Swindling a minor (Art. 317);
18.
Other deceits (Art. 318);
19.
Removal, sale or pledge of mortgaged
property (Art. 319);
20.
Destructive arson (Art. 320);
21.
Other forms of arson (Art. 321);
22.
Arson of property of small value (Art. 323);
23.
Crimes involving destruction (Art. 324);
24.
Burning ones own property as means to
commit arson (Art. 325);
25.
Setting fire to property exclusively owned
by the offender (Art. 326);
26.
Malicious mischief (Art. 327);
27.
Special case of malicious mischief (Art.
328);
28.
Damage and obstruction to means of
communication (Art. 330);
29.
Destroying or damaging statues, public
monuments or paintings (Art. 331).

That the offender reveals such secrets.

That the prejudice is caused to the owner.
TITLE TEN
CRIMES AGAINST PROPERTY
Crimes against property

Article 293
ROBBERY IN GENERAL
ELEMENTS:
That there be personal property belonging to
another.

That there is unlawful taking of that property.

That the taking must be with intent to gain, and
That there is violence against or intimidation of
any person, or force upon anything.
Article 294
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSON
Acts punished as robbery with violence against or
intimidation of persons
By reason or on occasion of the robbery, the
following are committed:
homicide
robbery accompanied with rape or intentional
mutilation, SPI insane, imbecile, impotent or
blind
SPI lost the use of speech, hear, smell, eye, hand,
foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
Violence/intimidation shall have been carried to a
degree clearly unnecessary for the crime or when
in the cause of its execution SPI/deformity, or
shall have lost any part of the body or the use
thereof or shall have been ill or incapacitated for
the performance of the work for > 90 days; > 30
days
Any kind of robbery with less serious physical
injuries or slight physical injuries
Article 295
QUALIFIED ROBBERY WITH VIOLENCE OR
INTIMIDATION
Qualifying circumstances in robbery with violence
or intimidation of persons, if any of the offenses
defined in subdivisions 3, 4 and 5 of Art 294 is
committed:
in an uninhabited place or

by attacking a moving train, street car, motor

vehicle or airship, or
by entering the passengers compartments in a
train, or in any manner taking the passengers
thereof by surprise in the respective conveyances,
or
on a street, road, highway or alley and the
intimidation is made with the use of firearms, the
offender shall be punished by the max period of the
proper penalties prescribed in art 294
Article 296
ROBBERY BY A BAND
Notes:
BAND is defined as consisting of at least four
armed malefactors organized with the intention of
carrying out any unlawful design. Their
participation in the commission of the crime must
be actual. The offender must be principal by direct
participation, so that, a principal by inducement
cannot be convicted of this crime where the
aggravating circumstance of band shall be
appreciated against him, since the law requires as a
condition to its commission the actual participation
of the offender in the execution of the crime. In
such a case, the conviction of a principal by
inducement will only be limited to his criminal
liability as a co-conspirator.
Liability for the acts of the other members of the
band
he was a member of the band
he was present at the commission of a robbery by
that band
other members of the band committed an assault
he did not attempt to prevent the assault
Article 297
ATTEMPTED OR FRUSTRATED ROBBERY
WITH HOMICIDE
Article 298
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION

by a band or
ELEMENTS:

That the offender has intent to defraud another.

That the offender compels him to sign, execute, or
deliver any public instrument or document.
That the compulsion is by means of violence or
intimidation.
Article 299
ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED
TO WORSHIP
ELEMENTS:
That the offender entered (a) an inhabited house,
or (b) public buildings, or (c) edifice devoted to
religious worship.
That the entrance was effected by any of the
following means:
Through an opening not intended for entrance or
egress.
By breaking any wall, roof, or floor or breaking
any door or window.

by taking such furniture or objects away to be

broken or forced open outside the place of the
robbery.
Article 300
ROBBERY IN AN UNINHABITED PLACE AND
BY A BAND
* When the robbery with force upon things is
committed in an uninhabited place and by a band,
the robbery becomes qualified. In the same manner,
where robbery with violence against or
intimidation of persons is committed by a band or
in an uninhabited place, the crime becomes
qualified.
* The place considered uninhabited when it is not
used as a dwelling. It may refer to a building or a
house which is not used as a dwelling.
* If a house is inhabited and its owners or
occupants temporarily left the place to take a short
vacation in another place, their casual absence will
not make the place or house uninhabited. (U. S. vs.
Ventura, 39 Phil. 523)

By using false keys, picklocks or similar tools or.

By using any fictitious name or pretending the
exercise of public authority.
That once inside the building, the offender took
personal property belonging to another with intent
to gain.
ELEMENTS OF ROBBERY WITH FORCE
UPON THINGS, SUBDIVISION (B) ART. 299
That the offender is inside a dwelling house, public
building, or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it
That the offender takes personal property
belonging to another with intent to gain, under any
of the following circumstances.
by the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or
receptacle, or

Article 301
WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES
Article 302
ROBBERY IN AN UNINHABITED PLACE OR
IN A PRIVATE BUILDING
ELEMENTS:
That the offender entered an uninhabited place or a
building which was not a dwelling house, not a
public building, or not an edifice devoted to
religious worship.
that any of the following circumstances was
present:
That entrance was effected through an opening not
intended for entrance or egress.
A wall, roof, floor, or outside door or window was
broken.

The entrance was effected through the use of false

keys, picklocks or other similar tools.
A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken or
A closed or sealed receptacle was removed, even if
the same be broken open elsewhere.
That with intent to gain the offender took therefrom
personal property belonging to another.
Article 303
ROBBERY OF CEREALS, FRUITS OR FIRE
WOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
Article 304
ILLEGAL POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS
ELEMENTS:
That the offender has in his possession picklocks or
similar tools.
That such picklocks or similar tools are specially
adopted to the commission of robbery.
That the offender does not have lawful cause for
such possession.
Article 305
FALSE KEYS
WHAT CONSTITUTES:
Picklocks, etc.
Genuine key stolen from owner.
Any key other than those intended by owner for use
in the lock forcibly opened by the offender
Notes:
BRIGANDAGE
Brigandage This is a crime committed by more
than three armed persons who form a band of
robbers for the purpose of committing robbery in
the highway or kidnapping persons for the purpose
of extortion or to obtain ransom, or for any other
purpose to be attained by means of force and
violence.
Article 306
WHO ARE BRIGANDS

BRIGANDS more than three armed persons

forming a band
Elements of brigandage:
1.
There are least four armed persons;
2.

They formed a band of robbers;

3.

The purpose is any of the following:

a.

To commit robbery in the highway;

b.
To kidnap persons for the purpose of
extortion or to obtain ransom; or
c.
To attain by means of force and violence
any other purpose.
Presumption of Brigandage:
if members of lawless band and possession of
unlicensed firearms (any of them)
possession of any kind of arms (not just firearm)
Article 307
AIDING AND ABETTING A BAND OF
BRIGANDS
ELEMENTS:
That there is a band of brigands.
That the offender knows the band to be of brigands.
That the offender does any of the following acts:
he in any manner aids, abets or protects such band
of brigands, or
he gives them information of the movements of the
police or other peace officers of the government or
He acquires or receives the property taken by such
brigands.
THEFT
Article 308
THEFT
ELEMENTS:
That there be taking of personal property.
That said property belongs to another.

That the taking be done with intent to gain.

That the taking be done without the consent of the
owner.
That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
PERSONS LIABLE:
Those who
with intent to gain
But without violence against or intimidation of
persons nor force upon things

Article 311
THEFT OF PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
USURPATION
Article 312
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
PROPERTY
Acts punished:
1.
Taking possession of any real property
belonging to another by means of violence against
or intimidation of persons;

take personal property of another

without the latters consent
ELEMENTS OF HUNTING, FISHING OR
GATHERING FRUITS, ETC. IN ENCLOSED
ESTATE (PAR. NO.3, ART. 308)
That there is an enclosed estate or a field where
trespass is forbidden or which belongs to another;
That the offender enters the same.
That the offender hunts or fishes upon the same or
gathers fruits, cereals or other forest or farm
products, and
That the hunting or fishing or gathering of
products is without the consent of the owner.
Article 310
QUALIFIED THEFT
THEFT IS QUALIFIED WHEN:
Committed by domestic servant, or

2.
Usurping any real rights in property
belonging to another by means of violence against
or intimidation of persons.
ELEMENTS:
That the offender takes possession of any real
property or usurps any real rights in property.
That the real property or real rights belong to
another.
That violence against or intimidation of persons is
used by the offender in occupying real property or
usurpation real rights in property.
That there is intent to gain.
Article 313
ALTERING BOUNDARIES OR LANDMARKS
ELEMENTS:
That there be boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same.
That the offender alters said boundary marks.

With grave abuse of confidence, or

Property stolen is:
motor vehicle
mail matter
large cattle
coconut from plantation
fish from fishpond or fishery, or
On occasion of calamities and civil disturbance.

CULPABLE INSOLVENCY
Article 314
FRAUDULENT INSOLVENCY (culpable
insolvency)
ELEMENTS
That the offender is a debtor; that is, he was
obligations due and payable.

That he absconds with his property.

By converting the thing received.

That there be prejudice to his creditors.

SWINDLING AND OTHER DECEITS

By denying that the thing was received.

ESTAFA is embezzlement under common law. It is

a well-known crime to lawyers and businessmen. It
is a continuing crime unlike theft. Being a public
crime, it can be prosecuted de officio.
Article 315
ELEMENTS OF ESTAFA IN GENERAL: (315)
That the accused defrauded another (a.) by abuse
of confidence, or (b) or means of deceit and
That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person
B. ELEMENTS OF ESTAFA WITH
UNFAITHFULNESS: (315)
That the offender has an onerous obligation to
deliver something of value.
That he alters its substance, quantity, or quality.
That damage or prejudice is caused to another.
C. ELEMENTS OF ESTAFA WITH ABUSE OF
CONFIDENCE UNDER SUBDIVISION NO.1
PAR. (B), OF ART.315
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.

E. ELEMENTS OF ESTAFA BY TAKING

UNDUE ADVANTAGE OF THE SIGNATURE IN
BLANK: (315)
That the paper with the signature of the offended
party be in blank.
That the offended party should have delivered it to
offender.
That above the signature of the offended party a
document is written by the offender without
authority to do so.
That the document so written creates a liability of,
or causes damage to, the offended party or any
third person.
F. ELEMENTS OF ESTAFA BY MEANS OF
DECEIT: (315)
that there must be a false pretense, fraudulent
means must be made or executed prior to or
That such false pretense, fraudulent act or
fraudulent means must be made or executed prior
to or simultaneously with the commission of the
fraud.

That there be misappropriation or conversion of

such money or property by the offender, or dental
on his part of such receipt.

That the offended party must have relied on the

false pretense, fraudulent act, or fraudulent means,
that is, he was induced to part with his money or
property because of the false pretense, fraudulent
act, or fraudulent means.

that such misappropriation or conversion or dental

is to the prejudice of another and

That as a result thereof, the offended party suffered

damage.

That there is a demand made by the offended party

to the offender.

G. ELEMENTS OF ESTAFA BY POSTDATING A

CHECK OR ISSUING A CHECK IN PAYMENT
OF AN OBLIGATION: (315)

D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF

CONFIDENCE UNDER PARAGRAPH (B),
SUBDIVISION N0.1, ART. 315 = 3 WAYS OF
COMMITTING:
By misappropriating the thing received.

That the offender postdated a check, or issued a

check in payment of an obligation.
That such postdatig or issuing a check was done
when the offender had no funds in the bank or his

funds deposited therein were not sufficient to cover

the amount of the check.

any of the establishments;

b.

H. ELEMENTS OF OFFENSE DEFINED IN THE

FIRST PARAGRAPH OF SECTION 1: BP 22
That a person makes or draws and issues any
check.
That the check is made or drawn and issued to
apply on account or for value.

3.
a.
Abandoning or
surreptitiously removing any part of his baggage in
the establishment;
b.
After obtaining credit, food, refreshment,
accommodation;
c.

That the person who makes or draws and issues the

check knows at the time of issue that he does not
have sufficient funds in or credit with the drawee
bank for the payment of such check in full upon its
presentment.
That the check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit, or
would have been dishonored for the same reason
had not the drawee, without any valid reason,
ordered the bank to stop payment.
I. ELEMENTS OF THE OFFENSE DEFINED IN
THE SECOND PARAGRAPH OF SECTION 1:
BP 22
That a person has sufficient funds in or credit with
the drawee bank when he makes or draws and
issues a check.
That he fails to keep sufficient funds or to maintain
a credit to cover the full amount of the check if
presented within a period of 90 days from the date
appearing thereon.
That the check is dishonored by the drawee bank.
J. BY OBTAINING FOOD OR CREDIT AT
HOTELS, INNS, RESTAURANTS ETC.

Using false pretense;

Without paying.

* Failure to pay food or accommodation in a hotel,

restaurant or inn usually gives rise to civil liability
but if the intent to defraud is clear like a
surreptitious removal of baggage from the hotel, or
resorting to deceitful means to evade payment, the
act shall be punished criminally as Estafa.
K. ELEMENTS OF ESTAFA BY INDUCING
ANOTHER TO SIGN ANY DOCUMENTS: (315)
That the offender induced the offended party to
sign a document.
That deceit be employed to make him sign the
document.
That the offended party personally signed the
document.
That prejudice be caused.
L. ELEMENTS OF ESTAFA BY REMOVING,
CONCEALING OR DESTROYING
DOCUMENTS: (315)
That there be court records, office files, documents
or any other papers.

Acts punished under paragraph (e)

1.
a.
Obtaining food, refreshment, or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house;

That the offender removed, concealed or destroyed

any of them.
That the offender had intent to defraud another.

b.

Without paying therefor;

c.
With intent to defraud the proprietor or
manager.
2.

a.

Obtaining credit

at

* In order to commit a crime, the offender must

have the intention to defraud. In other words, the
removal, concealment or destruction of the court
record should be done with the intent to defraud the
victim. This is distinguished from the crime of

removal, concealment or destruction of documents

under Article 226 wherein fraud is not an element
of the crime, and which is committed only by public
officers. What is punished under this Article is the
damage to public interest.
* If the act of removing, concealing or destroying
results from hatred, revenge, or other evil motive,
the crime committed is malicious mischief under
Article 327.

That the thing be immovable, such as a parcel of

land or a building.
That the offender who is not the owner of said
property represented that he is the owner thereof.
That the offender should have executed an act of
ownership (selling, leasing, encumbering or
mortgaging the real property).

Note: No intent to defraud destroying or removal

= malicious mischief
When a lawyer, pretending to verify a certain
pleading in a case pending before a court, borrows
the folder of the case, and removes or destroys a
document which constitute evidence in the said
case, said lawyer is guilty of Estafa under par. 3 (c)
of Article 315, RPC.

That the act be made to the prejudice of the owner

or a third person.

SYNDICATED ESTAFA.

that the thing disposed of be real property.

A syndicate of five or more persons formed with

intent to carry out an unlawful or illegal act,
transaction or scheme and defraudation which
results in misappropriation of money contributed
by stockholders or members of rural banks,
cooperatives, samahang nayon or formers
association; or funds contributed by corporations or
associations for the general welfare.

That the offender knew that the real property was

encumbered, whether the encumbrance is recorded
or not.

O. ELEMENTS OF SWINDLING (PAR. 2) BY

DISPOSING OF REAL PROPERTY AS FREE
FROM ENCUMBRANCE, ALTHOUGH SUCH
ENCUMBRANCE BE NOT RECORDED: (316)

That there must be express representation by the

offender that the real property is free from
encumbrance.
That the act of disposing of the real property be
made to the damage of another.

M. DAMAGE OR PREJUDICE CAPABLE OF

PECUNIARY ESTIMATION: (315) (second
element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE
MAY CONSIST OF THE FF.:
The offender party being deprived of his money or
property, as a result of the defraudation.
Disturbance in property right or

* In Saddul Jr. v. CA, 192 SCRA 277, it was held

that the act of using or disposing of anothers
property as if it were ones own, or of devoting it to
a purpose or use different from that agreed upon, is
a misappropriation and conversion to the prejudice
of the owner. Conversion is unauthorized
assumption an exercise of the right of ownership
over goods and chattels belonging to another,
resulting in the alteration of their condition or
exclusion of the owners rights.

Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY
CONVEYING, SELLING, ENCUMBERING, OR
MORTGAGING ANY REAL PROPERTY,
PRETENDING TO BE THE OWNER OF THE
SAME: (316)

P. ELEMENTS OF SWINDLING (PAR.3) BY

WRONGFULLY TAKING BY THE OWNER HIS
PERSONAL FROM ITS LAWFUL POSSESSOR:
(316)
That the offender is the owner of personal property.

That said personal property is in the lawful

possession of another.
That the offender wrongfully takes it from its lawful
possessor.
That prejudice is thereby caused to the possessor
or third person.
Under paragraph 4 by executing any fictitious
contract to the prejudice of another
Under paragraph 5 by accepting any
compensation for services not rendered or for labor
not performed
Q. ELEMENTS OF SWINDLING (PAR. 6) BY
SELLING, MORTGAGING OR ENCUMBERING
REAL PROPERTY OR PROPERTIES WITH
WHICH THE OFFENDER GUARANTEED THE
FULFILLMENT OF HIS OBLIGATION AS
SURETY: (316)

That he induces such minor (a) to assume an

obligation, or (b) to give release, or (c) to execute
a transfer of any property right.
That the consideration is (a) some loan of money
(b) credit or (c) other personal property.
That the transaction is to the detriment of such
minor.
* The property referred to in this article is not real
property. It is limited to personal property since a
minor cannot convey real property without judicial
intervention. So, if what is involved is real
property, the crime of swindling a minor under this
article is not committed even if the offender
succeeds in inducing the minor to deal with such
real property since no damage or detriment is
caused against the minor.
S. ELEMENTS OF OTHER DECEITS: (318)
not mentioned above;

That the offender is a surety in a bond given in a

criminal or civil action.

interpretation of dreams, forecast, future-telling for

profit or gain.

That he guaranteed the fulfillment of such

obligation with his real property or properties.
That he sells, mortgages, or, in any other manner
encumbers said real property.

* The meaning of other deceits under this article

has reference to a situation wherein fraud or
damage is done to another by any other form of
deception which is not covered by the preceding
articles.

That such sale, mortage or encumbrance is (a)

without express authority from the court, or (b)
made before the cancellation of his bond, or (c)
before being relieved from the obligation
contracted by him.

* Another form of deceit would be in the nature of

interpreting dreams, or making forecasts, telling
fortunes or simply by taking advantage of the
credulity of the public by any other similar manner,
done for profit or gain.
CHATTEL MORTGAGE

R. ELEMENTS OF SWINDLING A MINOR:

(317)
That the offender takes advantage of the
inexperience or emotions or feelings of a minor.

Article 319
A. SELLING OR PLEDGING PERSONAL
PROPERTY ALREADY PLEDGED
ELEMENTS:
That personal property is already pledged under
the terms of the chattel mortgage law.

That the offender, who is the mortgagee of such

property, sells or pledges the same or any part
thereof.

That the offender causes destruction of the property

That there is no consent of the mortgagee written

on the back of the mortgage and noted on the
record thereof in the office of the register of deeds.

explosion

That the destruction was done by means of:

discharge of electric current

inundation

KNOWINGLY REMOVING MORTGAGED

PERSONAL PROPERTY

sinking or stranding of a vessel

ELEMENTS:
that personal property is mortgaged under the
chattel mortage law.

damaging the engine of the vessel

That the offender knows that such property is so

mortaged.

destroying telegraph wires and posts or those of

any other system

That he removes such mortgaged personal to any

province or city other than the one in which it was
located at the time of the execution of the
mortgage.

other similar effective means of destruction

taking up rails from the railway track

ELEMENTS OF BURNING ONES PROPERTY

AS A MEANS TO COMMIT ARSON

that the removal is permanent.

That there is no written consent of the mortgagee
or his executors, administration or assigns to such
removal.
ARSON AND OTHER CRIMES INVOLVING
DESTRUCTIONS
(Note: PD 1613 expressly repealed or amended
Arts 320-326, but PD 1744 revived Art 320)
ELEMENTS OF ARSONS OF PROPERTY OF
SMALL VALUES
That an uninhabited hut, storehouse, barn, shed or
any other property is burned

That the offender set fire to or destroyed his own

property
That the purpose of the offender in doing so was to
commit arson or to cause a great destruction
That the property belonging to another was burned
or destroyed
ELEMENTS OF ARSON
That the property burned is the exclusive property
of the offender

That the value of the property burned does not

exceed 25 pesos

That (a) the purpose of the offender is burning it is

to defraud or cause damage to another or (b)
prejudice is actually caused, or (c) the thing
burned is a building in an inhabited place

That the burning was done at a time or under

circumstances which clearly exclude all danger of
the fire spreading

Palattao notes:

ELEMENTS OF CRIME INVOLVING

DESTRUCTION

Arson is defined as the intentional or malicious

destruction of a property by fire.
MALICIOUS MISCHIEF

Article 326
MALICIOUS MISCHIEF

Spouse, ascendants and descendants or relatives by

affinity in the same line

ELEMENTS:
That the offender deliberately caused damage to
the property of another.

The widowed spouse with respect to the property

w/c belonged to the deceased spouse before the
same passed into the possession of another

That such act does not constitute arson or other

crimes involving destruction.

Brothers and sisters and brothers-in-law and

sisters-in-law, if living together

That the act damaging anothers property be

committed merely for the sake of damaging it.
Article 328
SPECIAL CASES OF MALICIOUS MISCHIEF

Offenses involved in the exemption

Theft ( not robbery )

Obstruct performance of public functions.

Malicious mischief

Using poisonous or corrosive substances.

TITLE ELEVEN
CRIMES AGAINST CHASTITY

Swindling

Spreading infection or contagious among cattle.

Damage to property of national museum or library,
archive, registry, waterworks, road, promenade, or
any other thing used in common by the public.
Article 329
OTHER MISCHIEF
ELEMENTS:
Not included in 328
scattering human excrement
killing of cow as an act of revenge
Article 330
DAMAGE AND OBSTRUCTION TO MEANS
OF COMMUNICATION
done by damaging railways, telegraph, telephone
lines, electric wires, traction cables, signal system
of railways
Article 331
DESTROYING OR DAMAGING STATUES,
PUBLIC MONUMENTS OR PAINTINGS
Article 332
EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY

Crimes against chastity

1.
Adultery (Art. 333);
2.
Concubinage (Art. 334);
3.
Acts of lasciviousness (Art. 336);
4.
Qualified seduction (Art. 337);
5.
Simple seduction (Art. 338);
6.
Acts of lasciviousness with the consent of
the offended party (Art. 339);
7.
Corruption of minors (Art. 340);
8.
White slave trade (Art. 341);
9.
Forcible abduction (Art. 342);
10.
Consented abduction (Art. 343).
Article 333
ADULTERY
ELEMENTS:
That the woman is married (even if marriage
subsequently declared void)
That she has sexual intercourse with a man not her
husband.
That as regards the man with whom she has sexual
intercourses, he must know her to be married.
Article 334
CONCUBINAGE
ELEMENTS:
That the man must be married.

Persons exempt from criminal liability

That he committed any of the following acts:

Keeping a mistress in the conjugal dwelling.

That the offended party is a virgin, (presumed if she

unmarried and of good reputation.)

Having sexual intercourse under scandalous

circumstances with a woman who is not his wife.

That she must be over 12 and under 18 years of

age.

Cohabiting with her in any other place.

That the offender has sexual intercourse with her.

That as regards the woman she must know him to

be married.
Article 335. Rape

That there is abuse of authority, confidence or

relationship on the part of the offender ( person
entrusted with education or custody of victim;
person in public authority, priest; servant)

This has been repealed by Republic Act No. 8353

or the Anti-Rape Law of 1997. See Article 266-A.
Article 336
ACTS OF LASCIVIOUSNESS
ELEMENTS:
That the offender commits any act of lasciviousness
or lewdness.
That it is done under any of the following
circumstances:

Persons liable:
Those who abuse their authority:
persons in public authority
guardian
teacher
person who, in any capacity, is entrusted with the
education or custody of the woman seduced
Those who abused the confidence reposed in them:
priest
house servant
domestic

by using force or intimidation, or

when the offended party is deprived of reason or
otherwise unconscious, or
when the offended party is under 12 years of age.
That the offended party is another person of either
sex.
SEDUCTION
Article 337
QUALIFIED SEDUCTION OF A VIRGIN

Those who abused their relationship:

brother who seduced his sister
ascendant who seduced his descendant
Article 338
SIMPLE SEDUCTION
ELEMENTS:
That the offended party is over 12 and under 18
years of age.
That she must be of good reputation, single or
widow.

Two classes of qualified seduction:

That the offender has sexual intercourse with her.
Seduction of a virgin over 12 and under 18 years of
age by certain persons, such as a person in
authority, priest, teachers etc and
Seduction of a sister by her brother or descendant
by her ascendant, regardless of her age or
reputation (incestuous seduction)

That it is committed by means of deceit.

Article 339
ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ELEMENTS:

Elements:

that the offender commits acts of lasciviousness or

lewdness.

That she must be over 12 and under 18 years of

age.

That the acts are committed upon a woman who is

virgin or single or widow of good reputation, under
18 years of age but over 12 years, or a sister or
descendant regardless of her reputation or age.

That the taking away of the offended party must

be with her consent, after solicitation or cajolery
from the offender.

that the offender accomplishes the acts by abuse of

authority, confidence, relationship, or deceit.
Article 340
CORRUPTION OF MINORS

That the taking away of the offended party must be

with lewd designs.
Article 344
PROSECUTION OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION
RAPE AND ACTS OF LASCIVIOUSNESS

Act punishable:
By promoting or facilitating the prostitution or
corruption of persons underage to satisfy the lust
of another
Article 341
WHITE SLAVE TRADE
Acts penalized:
1. Engaging in the business of prostitution

Adultery and concubinage must be prosecuted

upon complaint signed by the offended spouse
Seduction, abduction, rape or acts of
lasciviousness must be prosecuted upon complaint
signed by:
offended party
by her parents
grandparents
guardians in the order in which they are named
above

2. Profiting by prostitution
3. Enlisting the service of women for the purpose of
prostitution

Article 345
CIVIL LIABILITY OF PERSONS GUILTY OF
RAPE, SEDUCTION OR ABDUCTION

ABDUCTION

To idemnify the offended women

Article 342
FORCIBLE ABDUCTION

To acknowledge the offspring, unless the law

should prevent him from doing so

ELEMENTS:
That the person abducted is any woman, regardless
of her age, civil status, or reputation.

In every case to support the offspring

Article 346
LIABILITY OF ASCENDANTS, OTHER
PERSONS ENTRUSTED WITH CUSTODY OF
OFFENDED PARTY WHO BY ABUSE OF
AUTHORITY OR CONFIDENCE SHALL
COOPERATE AS ACCOMPLIES

That the abduction is against her will.

That the abduction is with lewd designs.
Article 343
CONSENTED ABDUCTION
ELEMENTS:
That the offended party must be a virgin.

TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
Crimes against the civil status of persons

1.
Simulation of births, substitution of one
child for another and concealment or abandonment
of a legitimate child (art. 347);
2.
Usurpation of civil status (Art. 348);
3.
Bigamy (Art. 349);
4.
Marriage contracted against provisions of
law (Art. 350);
5.
Premature marriages (Art. 351);
6.
Performance of illegal marriage ceremony
(Art. 352).

Article 349
BIGAMY
ELEMENTS:
That the offender has been legally married.
That the marriage has not been legally dissolved
or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according
to the civil code.
That he contracts a second or subsequent
marriage.

Article 347
SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND
CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD

That the second or subsequent marriage has all the

essential requisites for validity.
Article 350
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS

Acts Punished:
1. Simulation of births

ELEMENTS:
That the offender contracted marriage.

2. Substitution of one child for another

That he knew at the time that

3. Concealing or abandoning any legitimate child

with the intent to cause such child to lose its civil
status

the requirement of the law were not complied with,

or

Requisites:
The child must be legitimate

The marriage was in disregard of a legal

impediment.
Article 351
PREMATURE MARRIAGE

The offender conceals or abandons such child

Acts punished:
The offender has the intent to cause the child to
lose its civil status
Elements of Simulation of Birth
Child is baptized or registered in the Registry of
birth as hers
Child loses its real status and acquiires a new one
Actors purpose was to cause the loss of any trace
as to the childs true filiation

A widow who within 301 days from death of

husband, got married or before her delivery, if she
was pregnant at the time of his death
A woman whose marriage having been dissolved or
annulled, married before her delivery or within 301
days after the legal separation
Article 352
PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY

Article 348
USURPATION OF CIVIL STATUS

Act punished:

Committed by a person who represents himself as

another and assumes the filiation or rights
pertaining to such person

performance of any illegal marriage ceremony by a

priest or minister of any religious denomination or
sect or by civil authorities

Article 355
LIBEL BY MEANS OF WRITING OR SIMILAR
MEANS
TITLE THIRTEEN
CRIMES AGAINST HONOR
Crimes against honor
1.
Libel by means of writings or similar means
(Art. 355);
2.
Threatening to publish and offer to prevent
such publication for a compensation (Art. 356);
3.
Prohibited publication of acts referred to in
the course of official proceedings (Art. 357);
4.
Slander (Art. 358);
5.
Slander by deed (Art. 359);
6.
Incriminating innocent person (Art. 363);
7.
Intriguing against honor (Art. 364).
Article 353
LIBEL
ELEMENTS:
That there must be an imputation of a crime, or of
a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstances.
That the imputation must be made publicly.
That it must be malicious.
That the imputation must be directed at a natural
or juridical person, or one who is dead.
That the imputation must tend to cause the
dishonor, discredit or contempt of the person
defamed.
Article354
REQUIREMENT OF PUBLICITY
Kinds of privileged communication
ABSOLUTELY PRIVILEGED not actionable
even if the actor has acted in bad faith
QUALIFIEDLY PRIVILEGED those which
although containing defamatory imputations could
not be actionable unless made with malice or bad
faith

A libel may be committed by means of

1.

Writing;

2.

Printing;

3.

Lithography;

4.

Engraving;

5.

Radio;

6.

Photograph;

7.

Painting;

8.

Theatrical exhibition;

9.

Cinematographic exhibition; or

10.

Any similar means.

Article 356
THREATENING TO PUBLISH LIBEL AND
OFFER TO PREVENT SUCH PUBLICATION
FOR A COMPENSATION
Acts punished
1.
Threatening another to publish a libel
concerning him, or his parents, spouse, child, or
other members of his family;
2.
Offering to prevent the publication of such
libel for compensation or money consideration.
Article 357
PROHIBITED PUBLICATION OF ACTS
REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS
ELEMENTS:
That the offender is a reporter, editor or manager
of a newspaper, daily or magazine.
That he publishes facts connected with the private
life of another.

That such facts are offensive to the honor, virtue

and reputation of said person.

persons who in any way participate in or have

connection with its publication (US v Ortiz)

Article 358
ORAL DEFAMATION / SLANDER

Article 361
PROOF OF THE TRUTH

Two Kinds of Oral Defamation:

Admissible when:
a. the act or omission imputed constitutes a crime
regardless of whether the offended party is a private
individual or a public officer

action of a serious and insulting nature (Grave

slander)
light insult or defamation not serious in nature
(simple slander)
Factors that determine gravity of the offense:
a) expressions used
b) personal relations of the accused and the
offended party
c) circumstances surrounding the case
Article 359
SLANDER BY DEED
ELEMENTS:
That the offender performs any act not included in
any other crime against honor.

b. the offended party is a government employee,

even if the act or omission imputed does not
constitute a crime provided it is related to the
discharge of his official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is
TRUE (for situations 1 and 2 above)
b. it was published with good motives and for a
justifiable end (for situation 1 only)
Article 362
LIBELOUS REMARKS
Libelous remarks or comments on privileged
matters (under Art. 354) if made with malice in fact
will not exempt the author and editor.

That such act is performed in the presence of other

person or persons.

* This article is a limitation to the defense of

privileged communication.
INCRIMINATORY MACHINATIONS

That such act casts dishonor, discredit or contempt

upon the offended party.

Article363
INCRIMINATING INNOCENT PERSON

Article 360
PERSONS RESPONSIBLE FOR LIBEL

ELEMENTS:
That the offender performs an act.

Who are liable:

a. person who publishes, exhibits or causes the
publication or exhibition of any defamation in
writing or similar means(par.1)

That by such act he directly incriminates or

imputes to an innocent person the commission of a
crime.
That such act does not constitute perjury.

b. author or editor of a book or pamphlet

c. editor or business manager of a daily newspaper
magazine or serial publication(par.2)
d. owner of the printing plant which publishes a
libelous article with his consent and all other

Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and is
false)
b. planting evidence

Article 364
INTRIGUING AGAINST HONOR

That the damage impending to be caused in not

immediate or the danger is not clearly manifest.

How committed:

Quasi-offenses punished

-by any person who shall make any intrigue which

has for its principal purpose to blemish the honor
or reputation of another person

1.
Committing through reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or light
felony;

CRIMINAL NEGLIGENCE
Article 365
ELEMENTS OF RECKLESS IMPRUDENCE:
That the offender does or fails to do an act.
That the doing of or the failure to do that act is
voluntary.
That it be without malice.

2.
Committing through simple imprudence or
negligence an act which would otherwise constitute
a grave or a less serious felony;
3.
Causing damage to the property of another
through reckless imprudence or simple imprudence
or negligence;
4.
Causing through simple imprudence or
negligence some wrong which, if done maliciously,
would have constituted a light felony.

That material damage results.

That there is inexcusable lack of precaution on the
part of the offender, taking into consideration
his employment or occupation
degree of intelligence, physical condition, and
other circumstances regarding persons, time and
place.
ELEMENTS OF SIMPLE IMPRUDENCE:
That there is lack of precaution on the part of the
offender.

Force majeure in relation to negligence.

> Force majeure has reference to an event which
cannot be foreseen or which being foreseen, is
inevitable. It implies an extraordinary circumstance
independent of the will of the actor or perpetrator.
In negligence, the immediate personal harm or
damage to property is perceivable and can be
prevented by the exercise of reasonable care. As the
event is foreseeable, the failure of the actor to use
reasonable care to prevent harm or damage
constitutes reckless imprudence or simple
negligence. (People vs. Eleazar )