TREASON
INSURRECTION
1. That the offender owes
allegiance to the
Government of the
Philippines; (a Filipino
citizen or Resident alien)
2. There is a war in which
the Philippines is involved
3. The offender either
(modes of committing):
a. Levies war against the
government
b. Adheres to the enemies,
giving them aid or comfort.
Punishable:
-Conspiracy to commit
-Proposal to commit
-Misprision
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REBELLION/
1. That there be:
a. Public uprising; and
b. Taking up of arms against
the government.
2. For the purpose of:
a. Removing from the
allegiance to said Government
or its laws:
i. The territory of the
Philippines, or any part
thereof; or
ii. Any body of land, naval or
other armed forces; or
Depriving the Chief Executive
or Congress, wholly or
partially, of any of their
powers or prerogatives.
Punishable:
-Inciting to
COUP D' ETAT
1. That the offender is a
person or persons belonging to
military or police or holding
any public office or
employment; 2.
2. That it is committed by
means of a swift attack,
accompanied by violence,3.
intimidation, threat, strategy,
or stealth;
3. That the attack is directed
a.
against duly constituted
authorities of the Republic of
the Philippines or any military
camp, or installation,
communication networks,
public utilities or other facilities
needed for the exercise and
continued possession of
power;
4. That the purpose of the
attack is to seize or diminish
state power.
SEDITION ESPIONAGE
1. That the offenders rise: 1. By entering, without
a. Publicly; and authority, a warship, fort,
b. Tumultuously; or military or naval
establishment or
2. That they employ force, reservation to obtain any
intimidation, or other means outside information, plan or other
of legal methods; data of confidential nature
relative to the defense of
3. That the offenders employ any of the Philippines
those means to attain any of the
following objects: 2. By disclosing to the
representative of a foreign
a. To prevent the promulgation or nation the contents of the
execution of any law or the holding articles, data or
of any popular election; information referred to in
b. To prevent the government or the preceding paragraph,
any public officer from freely which he had in his
exercising its or his functions, or possession by reason of
prevent the execution of any the public office he holds.
Administrative Order;
c. To inflict any act of hate or
revenge upon the person or property
of any public officer or employee;
d. To commit, for any political or
social end, any act of hate or
revenge against private persons or
any social class;
e. To despoil, for any political or
social end, any person or the
government of all its property or any
part thereof.
Punishable:
-Inciting to
-Conspiracy to
*NO SUCH THING AS PROPOSAL TO
1
 PIRACY & MUTINY ON HIGH SEAS
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.
Elements of piracy:
1. That a vessel is on the high seas or on Philippine waters;
2. That the offenders are NOT members of its complement or passengers of
the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers.
Piracy under PD 532: Punishes piracy committed in Philippine waters only.
Offenders: any person (passenger, crew or stranger)
HIJACKING (RA No. 6235)
“aircraft is in flight” - from the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.
Acts Punished
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight;
or compelling the pilots thereof to change its course or destination; Note: When
the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to
coercion or threat. When death results, the crime is homicide or murder, as the
case may be.
2. Usurping or seizing control of an aircraft of foreign registry, while within
Philippine territory, or compelling the pilots thereof to land in any part of Philippine
territory;
3. Carrying or loading on board an aircraft operating as a public utility passenger
aircraft in the Philippines flammable, corrosive, substances, explosive or poisonous

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

utility in the Philippines, flammable, corrosive, or poisonous substance if not done
in accordance with the rules and regulations of the Air Transportation Office.

Qualified Piracy:
1. Offenders seized vessel by boarding/firing upon the same
2. Pirates have abandoned vics w/o means of saving themselves
3. Accompanied by murder, homicide, physical injuries, rape
Qualified Mutiny:
2nd or 3rd circ above applies

DELAY IN DELIVERY OF PRISONER EVASION OF SERVICE OF SENTENCE INFIDELITY IN CUSTODY OF PRISONER

FROM JAIL
1. That there is a person confined in a jail
or penal establishment;
2. That the offender removes such person,
or helps the escape of such person.
2 ways:
1. By removing a prisoner confined in jail
or penal institution – to take away a person
from confinement with or without the
active participation of the person released
2. By helping said person to escape –
furnish material means to facilitate escape
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1. That the offender is a convict by final judgment;
2. That he is serving his sentence, which consists in
deprivation of liberty;
3. That he evades the service of his sentence by escaping
during the term of his sentence.
Circumstances qualifying the offense:
1. By means of unlawful entry (“by scaling”);
2. By breaking doors, windows, gates, walls, roofs or
floors;
3. By using picklocks, false keys, disguise, deceit, violence,
or intimidation;
4. Through connivance with other convicts or employees of
the penal institution.
ART 223
Consent to escape of the prisoner
Connivance – agreement between prisoner (FJ & det) and puboff
ART 224 Evasion through negligence
Definite laxity amounting to non-performance of duty
OFFENDER: puboff who has custody or charge of prisoner
ART 225 Custody of person not a puboff
- consents
- thru negligence
*Art. N/A when person who made citizen's arrest set him free
LIABILITY OF FUGITIVE:
FJ – evasion of service (Art 157)
Detention – no liability
*Leniency/laxity is NOT infidelity
2
 BRIBERY
Acts Punished
1. By agreeing to perform, or by
performing in consideration of
any offer, promise, gift or
present, an act constituting a
crime, in connection with the
performance of official duties.
2.By accepting a gift in
consideration of the execution
of an act which does not
constitute a crime, in
connection with the
performance of his official duty.
3. By agreeing to refrain, or by
refraining, from doing
something which it is his official
duty to do, in consideration of a
gift or promise.
Elements of direct bribery:
1. That the offender be a public
officer;
2.That the offender accepts an
offer or a promise or receives a
gift or present by himself or
through another;
3. That such offer or promise be
accepted, or gift or present
received by the public officer –
a.With a view to committing
some crime; or b.In
consideration of the execution
of an act which does not
constitute a crime, but the act
must be unjust; or c.To refrain
from doing something which it
is his official duty to do;
4. That the act which the
offender agrees to perform or
which he executes be
connected with the performance
of his official duties.
3j. He knowingly approves a
license, permit , advantage or
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ANTI-GRAFT & CORRUPT PRACTICES ACT (RA
3019)
Public Officers Private Persons
3a. Persuades, induces or
influences another public officer
to violate rules and regulations
OR he is persuaded, induced or
influenced by any other person to
do the same
3b,3c. Such gift was received in
consideration of government
contracts and transactions where
the public officer has official
capacity to intervene or where
license can be granted
3d. He or a member of his family
personally accepts employment in
a private enterprise with a
pending government transaction
3e, 3g. He causes injury or
disadvantage to any party or
gives any party unwarranted
benefits, advantage or preference
3. Such was done thru manifest
partiality, evident bad faith or
gross inexcusable negligence
3f. He neglects or refuses to do
his duty, or else favors or
discriminates against a party 3.
Such action must accrue to his
personal interests
3h, 3i. He has either direct
pecuniary interest in said
transactions and projects or is
part of a private corporation hired
to do the same
MALVERSATION
Elements:
1. The offender is a public
4a, 4b. He or she officer
has a close 2. He has custody or
personal control of funds or
relationship with property by reason of the
the public officer; duties of his office
He or she takes 3. Those funds or
advantage of the property were public
position of the funds or property for
public officer or which he was accountable
otherwise induce 4. He appropriated, took,
him to commit misappropriated or
offenses consented or, through
abandonment or
5. Relative of the negligence, permitted
President, Vice- another to take them
President, Senate
President or Acts Punishable:
Speaker of the 1. By appropriating public
House of funds or property
Representatives up 2. By taking or
to the 3rd civil misappropriating the
degree same
3. By consenting, or
through abandonment or
negligence, permitting
other person to take such
public funds or property
4. By being otherwise
guilty of the
misappropriation or
malversation of such
funds or property
PLUNDER (RA 7080)
1. Committed by any public officer who,
by himself or in connivance with
members of his family, relatives by
affinity or consanguinity, business
associates, subordinates or other
persons, amasses, 2. Accumulates or
acquires ill-gotten wealth
3. Through a combination or series of
overt or criminal acts as described in
Section 1(d) of the law, in the aggregate
amount or total value of at least Fifty
million pesos (P50,000,000.00)
Ill-gotten wealth means any asset,
property, business enterprise or material
possession of any person within the
purview of Section 2 of the Plunder Law,
acquired by him directly or indirectly
through dummies, nominees, agents,
subordinates and/or business associates
by any combination or series of the
following means or similar schemes:
1. Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
2. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
3. By the illegal or fraudulent conveyance
or disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities
or government-owned or -controlled
corporations and their subsidiaries;
4. By obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including promise of future
employment in any business enterprise or
3
 benefit to a non-qualified person
or a dummy or representative
thereof
3k. He has access to valuable
and confidential government
information 3. He divulges the
same to unauthorized persons or
releases them before the
authorized release date
Sec. 6. He stands to benefit in
any law passed within his term,
whether he initiated the passing
of such law or not
Indirect Bribery RA 6713 (Code of Conduct and Ethical Standards
Qualified Bribery for Public Officials and Employees), Section 8
Corruption of Public Officials 1. The offender is a public officer
2. He fails to file a Statement of Declaration of Assets
and Liabilities
(a) Within 30 days after assumption of office
(b) On or before April 30 of every year thereafter
(c) Within 30 days after separation from service
GRAVE THREATS
Threatened harm/wrong is future and conditional and amounts to a crime
Done through an intermediary/in writing
Intimidation vs. victim or family
Intimidation
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undertaking;
5. By establishing agricultural, industrial
or commercial monopoliesor other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
6. By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Filipino people and the Republic of the
Philippines
GRAVE COERCION
Threatened harm is immediate and direct
Violence (and may be htrough intimidation if serious, direct, immediate, and
personal); prevented another from doing something not prohibited by law;
compelling another to do something against his will, whether right or wrong
Cannot be done by intermediary/in writing
Directed personally vs. victim
*No intent to gain, unlike in robbery...
4
 RAPE ACTS OF QUALIFIED SEDUCTION SIMPLE SEDUCTION FORCIBLE CONSENTED
LASCIVIOUSNESS ABDUCTION ABDUCTION
1st mode: CARNAL No sex, only acts of lewdness 2 classes: 1. That the offended 1. That the person Elements:
KNOWLEDGE 1. Seduction of a virgin over party is over 12 and abducted is a 1. That the
1. Thru force, threat or 1. That the offender commits 12 years and under 18 years under 18 years of age; woman; regardless offended party
intimidation any act of lasciviousness or of age by persons who abuse 2. That she must be of of her age, civil must be a virgin;
2. Offended party is lewdness; their authority or the good reputation, single or status, or 2. That she must
deprived of reason or OW 2. That the act of confidence reposed. widow; reputation; be over 12 and
unconscious lasciviousness committed 2. Seduction of a sister by her 3. That the offender has 2. That the under 18 years if
3. By means of against a person of either brother or descendant by her sexual intercourse with abduction is against age;
fraudulent machinations sex; ascendant, regardless of her her; her will; 3. That the taking
or grave abuse of 3.That it is done under any of age and reputation. 4. That it is committed by 3. That the away of the
authority the following circumstances: Elements: means of deceit abduction is with offended party
4. Offended party is a. By using force or 1. That the offended party is a lewd design must be with her
under 12 yo or demented intimidation virgin; consent, after
even if none of the circ b. When the offended party is 2. She must be over 12 and solicitation or
mention above be deprived of reason or under 18 years of age; cajolery from the
present otherwise unconscious 3. That the offender had offender;
2nd mode: SEXUAL c. By means of fraudulent sexual intercourse with her; 4. That the taking
ASSAULT machination or grave abuse 4. That there is abuse of away of the
1. Inserting penis into of authority authority, confidence or offended party
another person’s mouth d. When the offended party is relationship on the part of the must be with lewd
or anal orifice under 12 years of age or is offender design.
2. Inserting any demented.
instrument or object into *Crimes against
another person’s genital Chastity where age
or anal orifice and reputation of
the victim are
immaterial:
1. Acts of
lasciviousness
against the will of
the offended party
or against a sister
or descendant.
2. Qualified
Seduction of sister
or descendant.
3. Forcible
Abduction.
Penetration, even partial Acts of Lasciviousness w/ Ff. are OFFENDERS: 1.
is necessary Consent of Offended Party Those who abused their
- No frustrated rape authority:
- Attempted rape: intent a. Persons in authority
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to have carnal b. Guardian
knowledge c. Teacher
d. Person who, public in any
Force need not be capacity, is entrusted with the
irresistible education or custody of the
woman seduced
Intimidation includes 2. Those who abused
moral kind confidence reposed in them:
a. Priest
Victim has no will. b. House servant
Cohabitation with a c. Domestic
feeble minded woman is 3. Those who abused their
rape relationship:
a. Brother who seduced his
Under 12 yo is statutory, sister
cannot give consent b. Ascendant who seduced his
descendant
Par 1 - RP c. A “domestic” is different
RP to death from a house servant, it means
A. use of deadly weapon any person living under the
OR two or more persons same roof as a member of the
B. *br OR oo of rape, same household, and includes
victim became insane boarders or house-guests but
C. Rape is attempted, not transients or visitors.
homicide is committed d. The fact that the girl gave
Mandatory death her consent to the sexual
1. â 18, offender is intercourse is no defense.
parent, ascendant, In the same way, lack of
stepP, guardian, rel by consent of the girl is not an
con or aff 3° civil, element of the offense. e. The
common law spouse of seduction of a sister or
parent descendant is known as incest.
2. custody of police, mili
or law enforce or penal
institution
3. in full view of the
spouse, parent, children,
rel by con
4. religious engaged in
legitimate religious
vocation or calling and is
personally known by
offender before or at the
time of the rape
5. â7
6. Afflicted with
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HIV/AIDS or any other
STD and the
virus/diseases is
transmitted to the victim
7. Any member of AFP,
PNP, paramili or law
enforcement agency or
penal institutions,
offender took advantage
of his position to
facilitate commission of
crime
8. br OR oo of rape,
victim suffered
permanent physical
mutilation or disability
9. knew of pregnancy at
the time of ape
10.knew of mental
disability, emotional
disorder or physical
handicap of victim at the
time of rape
11. br OR oo, homicide is
committed (Rape with
Homicide now a special
complex crime)

Par 2 – PM A. PM
to RT
C. RT to RP
Qualified: RT

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 ROBBERY THEFT
Taking of personal property of another w/ intent to gain by means of force, violence, or -No presence of violence or intimidation
intimidation against owner's will -Does not enter a house/building through any of the means in Arts.
299 or 302 in taking personal property with intent to gain
2 ways: No consent of owner
1. Violence and Intimidation
a. Homicide
b. Physical injuries
c. Physical injuries, Art. 263 (2)
d. Degree unnecessary fo commission or inflicted upon any person not responsible for its
commission physical injuries, Art. 263 (3) and (4)
2. Use of Force upon things
Special Complex Crime of Robbery with... Qualified Theft:
1. Homicide (Intent to take property before killing) 1. Domestic Servant
2. Rape (Intent to take property before rape) 2. Grave abuse of confidence
3. Intentional Mutilation 3. Cococunts from a plantation
4. Arson (Intent to take property before arson; else only Aggr.Circ.) 4. Fish from fishpond/fishery
5. Serious Physical Injuries 5. Calamity, vehicular accident, civil disturbance
6. Property is a motor vehicle, mail matter, or large cattle
Band: NO SUCH THING AS FRUSTRATED THEFT, because once the
-4 armed malefactors take part in commission of robbery offenders obtained possession over stolen items, the effect of the
-Unlicensed firearms used felony has been produced already. There is consummated theft the
-Present @ robbery in band = principal moment there is unlawful taking of property. (Valenzuela v. People,
-Assault and did not prevent assault 21 June 2007).
Attempted and Frustrated Robbery Committed Under Certain Circs. (Art. 297) Differentiated from Estafa:
-When by reason or on occasion of attempted/frustrated robbery, a homicide is committed.
1. If homicide not consummated, crimes of robbery and attempted/frustrated homicide may Material Possession + Misappropriation = THEFT (no consent)
be:
a. complexed, Juridical Possession + Material Possession + Misappropriation =
b. considered as separate crimes, or ESTAFA (w/ consent
c. considered as one crime, absorbing another.
2. If physical injuries inflicted, but no intent to kill, and victim did not die: Ownership + Juridical Possession + Material Possession +
1. Physical injuries were employed as means of commission for attempted/frustrated Misappropriation = NO CRIME, only CIVIL liability.
robberyà injuries absorbed by robbery à crime is attempted/frustrated robbery
2. Physical injuries not employed as means of committing robbery à separate crimes of
attempted/frustrated robbery and physical injuries
3. Killing and physical injuries were committed à Art. 297, physical injuries absorbed

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 HIGHWAY ROBBERY (P.D. 532)
Seizure of any person for ransom/extortion or for other unlawful purposes, or the
taking away the proprety of another by means of violence against the
intimidation of persons or force upon things or other unlawful means committed
by any person on the PH highway
Need not constitute a band; one person can commit the crime
Mere conspiracy to constitute offense of brigandage not punishable
Anybody can be the victim
Not isolated case of robbery
Accomplices - abet brigandage
ESTAFA
Elements
1. Defrauded another by abuse of confidence or means of deceit
2. Damage/prejudice capable of pecuniary estimation
3 Ways:
1. Unfaithfulness/Abuse of Confidence
a. Estafa with unfaithfulness
b. Estafa with abuse of confidence
c. Estafa by taking undue advantage of the signature in blank
2. Estafa by Means of Deceit
a. Fictitious name, falsely pretending to possess power, influence, qualifications,
property, credit, agency, business transactions
b. Altering quality, fineness, or weight of anything pertaining to his business
c. Pretending to have bribed any gov't employee
d. Offender postdated a check or issued a check in payment of an obligation; or
that such postdating/issuing was done when offender had no funds in teh bank
or his funds deposited were insufficient to cover check's amount (compare this
with BP 22)
e. Obtaining food, refreshment accommodation in boarding house, hotel, inn,
etc. with intent to defraud proprietor.manager; obtaining credit at
establishments using false pretense; abandoning/surreptitiously removing any
baggage without apying therefor.
3. Estafa through the ff. means
a. Inducing another to sign any document
b. Resorting to some fraudulent practice to insure success in gambling
c. Removing, concealing, or destroying documents
Differentiated from Malversation:
-Public funds, by a public officer who is accountable for public funds or property
-Can be committed through abandonment or negligence (no such thing as estafa through
negligence)
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ROBBERY IN A HIGHWAY BRIGANDAGE (Art. 306)
Brigandage:
-4 armed persons who form a band of robbers for committing robbery in the
highway
-Band of robbers
-Purpose: commit robbery in highway; kidnap for extortion/ransom; attain by
means of force and violence any other purpose
Mere formation of band punishable
Preconceived victim
Immaterial if robbery committed the 1st time
Profit from loot - liable under Art. 307/fencing
VIOLATION OF B.P. 22
Making or Drawing and issuing a check knowing at the time of issue
that he does not have sufficient funds.
Elements:
1. That a person makes or draws and issues any check to apply on account or for
value.
2. That the person knows that at the time of issue he does not have sufficient
funds or credit with the drawee bank for the payment of such check upon its
presentment
3. That the check is subsequently dishonored by the drawee bank for insufficiency
of funds or credit, or would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment.
Requisites for Criminal Liability under BP 22:
1. A person makes, draws or issues a check as payment for account or for value.
2. That the check was dishonored by the bank due to a lack of funds,
insufficiency of funds or account already closed.
3. The payee or holder of such check gives a written notice of dishonor and
demand for payment.
4. That the maker, drawer or issuer, after receiving such notice and demand,
refuses or fails to pay the value of the check within FIVE BANKING DAYS.
9
 PARRICIDE INFANTICIDE DEATH UNDER EXC CIRCS MURDER HOMICIDE
Relationship Child was killed Legally married person/parent Qualifying Circumstances of: -Not murder,
between killer and -Child less than 72 hours surprises spouse/daughter, 18 1. Treachery, taking advantage of superior strength, infanticide, parricide
victim - of age y.o. and living with parent, in with the aid of armed men, employing means to or any of their
father/mother/child/ the act of sexual intercourse weaken defense or of means or persons to insure or qualifiying circs
ascendant/ afford impunity -No justifying
descendant/legit 2. By means of inundation, fire, poision, explosion, circumstance
spouse shipwreck, stranding of a vessel, derailment/assault -Intent to kill
upon a railroad, fall of an airship, by means of motor
vehicles, or with use of any other means involving
great waste or ruin
3. In consideration of a price, reward, or promise
4. Calamities - earthquake, volcanic eruption,
destructive cyclone, epidemic, any other public
calamity
5.Evident premeditation
6. Cruelty, deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at
his person/corpse
Kills Treachery inherent in Kills/inflicts serious physical TREACHERY EVIDENT No such crime as
infanticide injuries PREMEDITATION attempted or
frustrated homicide
through impriudence
Did not promote prostitution or -Sudden and unexpected -Time
consented to such infidelity attack -Act manifestly
-Victim no oportuntiy to indicating that
defend himself/retaliate/repele accused clung to
-Consciously adapted by determination to kill
accused to ensure crime's -Sufficient lapse of
commission w/o risk to himself time b/n
determination and
execution of killing

ALARMS & SCANDALS DISCHARGE OF FIREARMS GRAVE THREATS

At a public place At any place and aimed at a specific person At any place
To cause disturbance or scandal To intimidate or to frighten a person To demand money or impose any other condition

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 PHYSICAL INJURIES
Offender inflicts physical injuries; always in the consummated stage
EXC: Matlreatment (Art. 266 (3) )
No intent to kill
Intent to kill is a SPECIFIC criminal intent that must be conclusively proven
SERIOUS PHYSICAL INJURIES
Wounding, assaulting, beating, or administering
injurious substance
INJURED PERSON BECOMES...
1. Insane, imbecile, impotent, or blind as a
consequence of injuries
2. a. loses use of speech, power to hear, smell, loses
an eye, hand, foot, arm, or leg
b. Loses use of any such member
c. Becomes incapacitated for work in w/c he was
habitually engaged
3. Deformed
4. Ill/incapacitated for labor for more than 30 days
but not more than 90 days as a result
Qualifying circs are that of parricide and in murder
No intent to kill, otherwise frustrated
homicide/parricide/murder
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ATTEMPTED/FRUSTRATED HOMICIDE/MURDER
May be committed even w/ no physical injuries inflicted
Offender intended to kill
Intent to kill is a GENERAL intent which is conclusively presumed
LESS SERIOUS PHYSICAL INJURIES SLIGHT PHYSICAL INJURIES
& MALTREATMENT
Offended party incapacitated for labor for 10 days or 1. Offended party incapacitated for labor for 1 day or
more but not more than 30 days, or needs medical more but not more than 9 days, or needs medical
attendance for the same period attendance for the same period
2. Physical injuries did NOT prevent offended party
from engaging in habitual work/did not require
medical attendance
3. Ill-treatment of another by deed w/o causing any
injury
Qualified Less Serious Physical Injuries:
1. Fine not nexceeding P500 imposed if
a. Manifest intent to insult/offend
b. Ignominy as circumstances
2. Higher penalty:
a. Parent/ascendant/guardian/teacher
b. Person of rank/in authority, provided it's not direct
assault
11