1.

GENERALITY the crime committed affects the public order, the peace
Exceptions and security of the host country, then the host country
a) Generally Accepted Principles of PIL Heads of will have jurisdiction over the said crime. Therefore, the
state, chief of state and other diplomatic heads such as French Rule recognizes the jurisdiction of the country
ambassadors and public ministers are immune from the where the vessel is registered.
criminal jurisdiction of the country where they are French Rule = flag country
assigned. Since they are immune, they cannot be English Rule - when a crime is committed on board a
arrested, prosecuted or punished. (X foreign merchant vessel while on the waters of another
Consuls)
 (Diplomatic Immunity from Suit). 
 country it is the host country which will have jurisdiction
over the said crime. EXCEPT when the crime merely
b) LawsofPreferentialApplication Laws which exempt
affects the internal management of the vessel, then it is
certain individuals from criminal prosecution
the flag country which will have jurisdiction. In effect, the
2. TERRITORIALITY
English Rule is territorial in nature.
3. PROSPECTIVITY – only be applied from the time of
effectivity
2. Should forge or counterfeit any coin or currency note
CLASSICAL/Juristic v Positivist/ Realistic
of the Philippine Islands or obligations and securities
C: Basis of criminal activity is human free will; Man is a
issued by the Government of the Philippine Islands;
moral creature understands right from wrong When he
commits a wrong he voluntarily does the same,
3. Should be liable for acts connected with the
therefore, he shall be ready for the consequences of his
introduction into these islands of the obligations and
acts.
securities mentioned in the presiding number;
P: Basis of criminal liability is man's social environment.
"All men are born good, they only become evil due to
4. While being public officers or employees, should
the influence of the community." Crimes are a social
commit an offense in the exercise of their functions; or
phenomenon
C: Purpose of penalty is retribution. Eye.
5. Should commit any of the crimes against national
P: Purpose of penalty is rehabilitation Offender is a
security and the law of nations, defined in T1 B2
socially sick individual who need to be corrected not to
be punished.
C: Determination of penalty is done mechanically since
2 kinds of felonies that are may be committed under
the punishment is proportionate to the severity
sustained by the victim. Art. 3:

P: Determination of penalty is done on the case to case
basis 1. Deceit/dolo/intentional felony - when the act is
C: Emphasis is on the crime and not on the criminal, on done with deliberate intent; voluntary act because it is
the offense and not on the offender. committed by means of deliberate intent.
P: Emphasis of the law is on the offender and not to the Elements: 1) Criminal intent on the part of the offender
offense 2) Freedom of action in doing the act on the part of the
Mixed/Eclectic offender
 3) Intelligence of the offender
Crimes which are heinous/obnoxious in nature- classical
Crimes which are social/economic- positivist
freedom of action - there is freedom of action when the
Art. 2. Application of its provisions. - Except as
offender performs the act on his own free will, without
provided in the treaties and laws of preferential
force, duress, uncontrollable fear.
application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago,
intelligence - mental capacity of a person to know
including its atmosphere, its interior waters and
wrong from right and to appreciate the consequences of
maritime zone, but also outside of its jurisdiction,
one's act.
against those who:
INTENT is the use of a particular means to achieve the
1. Should commit an offense while on a Philippine
desired result. You cannot see intent. It is an internal
ship or airship If it is registered in the Philippines and
state of the mind.
under the Philippine laws; Warship or war aircraft is
Evidence to prove intent to kill in crimes against
considered an extension of the Philippine sovereignty.
persons may consist, inter alia, in 1) the means used
French Rule - crimes committed on board while the
foreign vessel is on the water of another country is by the malefactors, 
 2) the nature, location and
within the jurisdiction of the flag country. That is the number of wounds 
 sustained by the victim, 
 3) the
country where the country is registered. EXCEPT when
conduct of the malefactors before, at 
 the time, or
immediately after the killing of 
 the victim, 
 4) the
circumstances under which the crime 
 was committed
and, 
 5) the motives of the accused. 

If the victim dies as a result of a deliberate act of the
malefactors, intent to kill is presumed.
In Rivera v. People, of intent to kill: 1) the means
used by the malefactors; 2) the nature, location, and
number of wounds sustained by the victim; 3) the
conduct of the malefactors before, during, or
immediately after the killing of the victim; and 4) the
circumstances under which the crime was committed
and the motives of the accused.
INTENT v MOTIVE
I: use of a particular means to achieve a desired result;
a material element in determining the criminal liability of
the accused; established/proven by the overt act of the
offender or by the means employed
M: moving power which impels a person to do a specific
act to achieve the desired result, therefor it is the reason
behind intent; immaterial to determine the criminal
liability of the offender; established by the
acts/statements made by the accused prior to or
immediately after the commission of the crime
2. Fault/culpa/culpable felony- when the wrongful act
results from imprudence, negligence, lack of foresight or
lack of skill
Elements: 1) Criminal negligence 
 2) Freedom of
action 3) Intelligence
MALA IN SE v MALA PROHIBITA
Inherently evil, wrong per se; Criminal liability is based
on the intent or morality of the offender; Good faith/lack
of criminal intent is a valid defense; Modifying
circumstances such as mitigating and aggravating are
considered by the court in the imposition of penalty;
Degree of the participation of the offender is considered
in the imposition of the penalty; Stage is taken into
consideration in the imposition of penalty
P: Criminal liability is based on the mere doing of the
prohibited act
Art. 4. Criminal liability. — Criminal liability shall be
incurred:
1. By any person committing a felony (delito)

 although the wrongful act done be different 
 from
that which he intended. 
 2. If none, no effect on the criminal liability of the
2. By any person performing an act which would

 be an offense against persons or property, were it
not for the inherent impossibility of its
accomplishment or on an account of the
employment of inadequate or ineffectual means. 

Proximate Cause Doctrine (PCD) By any person
committing a felony (delito) although the wrongful act
done be different from that which he intended.
Elements (Garcia v. People)
 1. The intended act is a
felonious act
 2. The resulting act is a felony
 3. The
resulting act is the direct, natural and logical
consequence of the felonious act of the offender
PROXIMATE CAUSE (PC) - the cause that sets in to
motion all other causes and which unbroken by efficient
intervening cause produces the felony without which the
felony would have not been committed. Therefore, for
one to be criminally liable under the PCD, it is necessary
that the felonious act and the resulting felony must not
be broken by any efficient intervening cause. No
efficient or supervening intervening cause must have
broken the causal connection between the felonious act
of the offender and the resulting felony.
EFFICIENT INTERVENING CAUSE (EIC) - an active
force which is a distinct act absolutely foreign from the
felonious act of the offender. Therefore, in order that an
act is considered an EIC, it is necessary that it is totally
foreign from the felonious act that is performed by the
offender.
3 SITUATIONS WHEREIN A PERSON BECOMES
CRIMINALLY LIABLE FOR THE RESULTING
FELONY ALTHOUGH DIFFERENT FROM THAT
WHICH HE INTENDED:
1. Abberatio Ictus - mistake in the blow
 A situation
wherein the offender directed a blow at his intended
victim but because of poor aim, the blow landed on
another victim.
2. Error in Personae - mistake in the identity
 It is a
situation wherein the victim actually received the bullet
but he was mistaken to be the intended victim. The
intended victim was not at the scene of the crime.
Effects: it depends
 1. If there is variance in the penalty
between the intended and actual crime committed,
mitigating. The penalty for the lesser crime must be
imposed (Art. 49).

offender, such as when the crimes differ (in name) but
the penalties are the same.

3. Prater Intentionem - when the consequence went
beyond the intention; injurious result is greater than
that intended. It is a situation wherein the offender
directed the blow at his actual victim, the victim received
the blow. However, the injurious result is far greater than
what is intended by the victim.
Impossible Crime Doctrine (ICD) By any person
performing an act which would be an offense against
persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means;
One where the act would have amounted to a crime
against persons or property but it is not accomplished
because of its inherent impossibility or because of the
employment of inadequate or ineffectual means. The
penalty of IC is only arresto mayor or a fine of P200- 1.
P500 depending on the criminality or dangerousness of 2.
the offender.
Elements for a person to be liable of IC
 1. That the act
done would have been an offense against persons or 3.
property
 2. That the act was done with evil intent
 3.
That the act was not accomplished because of its 4.
inherent impossibility or the employment of inadequate
or ineffectual means 4. That the act done should not 5.
constitute any other violation of the RPC
2 KINDS OF INHERENT IMPOSSIBILITY
 a) Legal
Impossibility - there is legal impossibility when all the
intended acts even if committed would not have
amounted to a crime.
b) Physical and Factual Impossibility - when an
extraneous circumstance unknown to the offender
prevented the consignation of the crime. Here, there are
circumstances unknown to the offender, the inadequate
control of the offender which prevented the consignation
of the crime.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present;
frustrated when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.
attempt when the offender commences the commission
of a felony directly by overt acts, and does not perform
all the acts of execution which should produce the felony
by reason of some cause or accident other than this
(3)own spontaneous desistance.
E (People v. Lizada):
INDETERMINATE OFFENSE - the OA of a person in
relation to the intended felony is ambiguous.
Mistake of Fact
1. That the act done would have been lawful and
justifiable had the facts been as the accused believed
them to be
2. That the intention of the accused in doing the act
must be lawful
3. That the mistake must be without fault, negligence,
careless on the part of the offender

FACTORS TO BE CONSIDERED IN INTENT TO KILL:
Evidence of motif 

The nature and number of weapons used 
 by the
offender 

The nature, number and location of the 
 wounds
inflicted on the victim 

Manner of committing the crime 

Acts and statements made by the 
 offender before,
during and after the commission of the crime 

Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those
committed against person or property.
Art. 8. Conspiracy and proposal to commit felony. —
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more persons come to
an agreement concerning the commission of a felony
and decide to commit it. (means)
There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons.
GR: Conspirators are liable only for the crime agreed
upon. They are not liable for any crime which is not
agreed upon.
Exp: 1. When the other crime was committed in the
presence of the other conspirators and they did not
perform acts to prevent its commission. 2. When the
other crime committed was the natural consequence of
the crime agreed upon. 3. When the resulting crime is a
composite crime or a special complex crime or a single
indivisible complex crime.
Conspiracy is established by the presence of two
factors: 1) singularity of intent;and
 2) unity in execution
of an unlawful objective.
 The two must concur.
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art..
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
Art. 11. Justifying circumstances. — The following
do not incur any criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur;
First. Unlawful aggression.
 must come from the
victim. The person attacked by the person defending
himself; present if the attack is material, actual and
places the life of the accused in imminent and
immediate danger. It must not only be a threat. It must
be present, about to happen.
Elements of unlawful aggression (People v.
Fontanilla): (note put in box)
 (a) There must be a
physical or material attack or assault; (b) The attack or
assault must be actual or at least imminent.
 (c) the
attack or assault must be unlawful.
Second. Reasonable necessity of the means
employed to prevent or repel it. (rational equality)
 Elements:
 1. Unlawful aggression; 2. Reasonable
Factors to be considered in order to be said that the
means employed is rationally necessary:
(a) Nature and the number of the weapon used by the
aggressor
(b) Physical condition, size, weight and other personal
circumstances of the aggressor versus that of the
person defending himself
(c) Place and location of the assault
 State of Necessity First. That the evil sought to be
Third. Lack of sufficient provocation on the part of
the person defending himself.
PROVOCATION - refers to any immoral act or conduct,
unjustified act or conduct which stirs a person to do
wrong.
SUFFICIENT PROVOCATION - adequate to stir a
person to do the wrongful act and when it is
proportionate to the gravity of the act
Circumstances where there is no sufficient
provocation on the part of the person defending
himself:
1. When no provocation at all was given 
 2. When
although provocation was given, it was not sufficient

 3. When although the provocation was sufficient, it did
not come from the person defending himself 4. When
although provocation came from the person defending
himself, it is not immediate or imminent to the
aggression.
2. Anyone who acts in defense of the person or rights
of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in
case the revocation was given by the person attacked,
that the one making defense had no part therein.
Elements: 1. Unlawful aggression; 2. Reasonable
necessity of the means employed 
 to prevent or repel
it;
3. In case the provocation was given by the 
 person
attacked, the one making the defense had no part
therein. 

3. Anyone who acts in defense of the person or rights
of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Art.
are present and that the person defending be not
induced by revenge, resentment, or other evil motive.
necessity of the means employed to prevent or repel the
attack; 3. The person defending be not induced by
revenge, resentment, or ill motive.
4. Any person who, in order to avoid an evil or injury,
does not act which causes damage to another, provided
that the following requisites are present;
avoided actually exists;
 Second. That the injury feared
be greater than that done to avoid it; Third. That there
be no other practical and less harmful means of
preventing it.
XPN: State of necessity. There is no criminal liability but
there is civil liability- borne not only by the accused, but
all those people who benefitted in this state of
emergency.
5. Any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
Elements of Par. 5, Art. 11: 1. Accused acted in the
performance of a 
 duty or in the lawful exercise of a
right 
 or office. 2. Injury caused or offense committed
be 
 the necessary consequence of the due
performance of duty or the lawful exercise of such right
or office. 
 program, unless he/she has acted with discernment,
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
Elements of Par. 6, Art. 11: 1. An order has been issued
by a superior 2. Such order must be for some lawful

 purpose 3.Means used by the subordinate to carry

 out said order is lawful 
 appreciate the consequences of his unlawful act. Such
Anti-Violence against Women and their Children Act
of 2004 (R.A. 9262)
Victim-survivors who are found by the court to be
suffering from battered woman syndrome do not incur
any criminal and civil liability notwithstanding the
absence of any of the elements for justifying
circumstance of self-defense under the RPC.
EXEMPTING CIRCUMSTANCES - Although a wrong is
committed, the offender is exempted from criminal
liability because he acted without voluntariness. There is
absence of any of the elements of voluntariness.
J: Affect the act not the doer; Perform an act which is
lawful in nature; There is no crime and no criminal; GR:
No criminal liability and no civil liability; May be a
defense only in intentional felonies.
E: Affect the doer of the act but not the act itself; A
wrong has been committed; There is a crime but no
criminal because offender acted without voluntariness;
GR: No criminal liability but with civil liability because a
crime was committed; Defense both in intentional and
culpable felonies
1. An imbecile or an insane person, unless the latter
has acted during a lucid interval.
Imbecility v Insanity
An imbecile is one who is already advanced in age but
only have a thinking of a child between 2 and 7. There is
no intelligence, an element of voluntariness; Exempting
under any circumstance.
Refers to the mental aberrational background or disease
of the mind and must completely impair the intelligence
of the accused (unable to distinguish between right from
wrong); To be exempting it must be proved that the
accused was insane at the time of the commission of
the crime, NOT after.
2 & 3. Minority
RA 9344 Sec. 6. Minimum age of criminal responsibility.
– A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this
Act.
A child above fifteen (15) years but below eighteen
(18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established
does not include exemption from civil liability, which
shall be enforced in accordance with existing laws
Discernment is that mental capacity of a minor to fully
capacity may be known and should be determined by
taking into consideration all the facts and circumstances
afforded by the records in each case.
4. Accident: Any person who, while performing a lawful
act with due care, causes an injury by mere accident
without fault or intention of causing it.
Elements (People v. Dela Cruz): 1. A person is
performing a lawful act, 2. He was performing the lawful
act with 
 due care, 
 3. He causes injury to another by
mere 
 accident; 4. The injury is without fault or intent
on 
 the part of the offender 



5. Any person who act under the compulsion of
irresistible force.
Elements: 1 Compulsion is by means of physical

 force, 2. Physical force must be irresistible, 
 3.
Physical force must come from a third person 

6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
Elements: 1. Existence of an uncontrollable fear, 2. Fear
must be real and imminent, 3. Fear of an injury is
greater than or 
 equal to that committed 

7. Any person who fails to perform an act required by
law, when prevented by some lawful or insuperable
cause.
Elements: 1. An act is required by law to be done, 2. A
person fails to perform such act, 3. The failure to
perform such act was 
 due to some lawful or
insuperable cause. 

MITIGATING CIRCUMSTANCES –
acted with the diminution of any of the elements of
voluntariness. There is a diminution on criminal intent,
freedom of action or intelligence.
Ordincary MC v Privileged MC
O: May be offset by generic aggravating circumstances;
If not offset, lowers the imposable penalty to its
minimum period, [provided the penalty is divisible]
P: Can never be offset by any aggravating
circumstance; Reduces the imposable penalty by one
or two degrees depending on the rules on Arts. 68 & 69
(takes preference)
1. Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant. Inc. J or EC.
Rules: 1. If majority of the elements necessary to

 justify the act or to exempt from liability are 
 present,
then it's treated as PMC. 
 2. If less than the majority
is present, then it is 
 an OMC which can be offset by a
generic AC. 
 3. If the elements necessary to justify the
act or to exempt from criminal liability is only 2, the

 presence of 1 element is already a PMC. 
 to a person in authority or his agents, or that he had
2. AGE. That the offender is under eighteen year of age
or over seventy years. In the case of the minor (PMC),
he shall be proceeded against in accordance with the
provisions of Art. 80.
3. That the offender had no intention to commit so grave
a wrong as that committed. Praeter Intentionem
Elements 1. The offender committed a felony; 2. A
notable or notorious disparity between 
 the means
employed by offender and the resulting felony. 
 (That
is, out of the means employed by the offender, no one
could have anticipated that the resulting felony would
come.)
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
Elements of Art. 13, Par. 4:
 1. The provocation must
be sufficient; a. Must be adequate to stir a person to
commit a wrongful act; b. It must be proportionate to the
gravity of the crime. 2. The provocation must originate
from the offended party; 3. The provocation must be
immediate from the commission of the criminal act by
the person who was provoked. 

PROVOCATION is any unjust or immoral act or conduct
on the part of the offended party which is capable of
inciting, exciting or irritating another.
5. That the act was committed in the immediate
vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by
affinity within the same degrees.
ELEMENTS: 1. There be a grave offense to the one

 committing the felony, his spouse, ascendants,
descendants, legitimate, natural, or adopted brothers or
sisters, or relatives by affinity within the same degree; 2.
The said act or grave offense must be the proximate
cause of the commission of the crime. 

6. That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
Elements: 1. There be an act both unlawful and
sufficient to produce passion and obfuscation on the
part of the offender; 2. The commission of the criminal
act and the said sudden impulse must not be far
removed from each other by the considerable length of
time during which the offender might have recovered his
normal equanimity. (4, 5 &6 based on same facts = 1
MC)
7. That the offender had voluntarily surrendered himself
voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;
a. voluntary surrender (People v. Ignas):
 Elements:
1. The offender had not actually been arrested; 2. The
offender had surrendered himself to a 
 person in
authority or his agent; 
 3. The surrender must be
voluntary (spontaneously and unconditionally)

b .Elements of voluntary plea of guilt: 1. That guilt
tendered is confessed 
 spontaneously and
unconditionally; 2. The accused confesses guilt in open
court [the competent court that is to try the 
 case]; 3.
The confession was made before the 
 presentation of
the evidence for the prosecution.


8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which thus
restricts his means of action, defense, or
communications with his fellow beings. MC of physical
defect.

9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar
nature and analogous to those above mentioned.
Aggravating Circumstances
Generic Aggravating Circumstances are those that
applies generally to all crimes. (nighttime & recidivism)
Specific Aggravating Circumstances are those that
apply only to certain or particular crimes.
 (treachery)
Inherent Aggravating Circumstance are those which
of necessity follow the commission of the crime because
they are considered as elements in the commission of
the crime, therefore they are considered inherent in the
commission of the crime.
Qualifying Aggravating Circumstances are those
which either change the nature of the crime to bring
about a more serious for a higher penalty or even
without changing the nature of the crime it would impose
a higher penalty.
Special Aggravating Circumstances Provides for the
imposition of the maximum penalty prescribed by law;
hence it cannot be offset by any mitigating
circumstance.
1. That advantage be taken by the offender of his
public position.
Art. 62 as amended by RA 7659, the heinous crime law
– Spcl AC
2. That the crime be committed in contempt or with
insult to the public authorities.
 said place to commit the crime.
Elements of Art. 14, Par. 2: 1. That the public officer or
public authority 
 is engaged in the exercise of his
function; 
 2. That the public authority is not the person
against whom the crime is committed; 3. That the
offender knows him to be a public authority; 4. That the
presence of the public authority 
 did not prevent the
offender from the commission of the crime.
3. That the act be committed with insult or in
disregard 1. Rank, 2. Age 3. Sex 4. Crime committed
in dwelling of offended part- can be appreciated singly
or collectively if present in the commission of the crime.
Disregard of rank, disregard of age and disregard of sex
only considered in crimes against persons and crimes
against chastity.
Disregard of age
 Age here refers to both minority and
seniority; treachery absorbs… because it absorbs
disrespect of age.
Disrespect of sex
 Disrespect of sex refers to the
female sex. This is inherent in the crime of rape and in
certain crimes involving chastity.
Instances when dwelling is not considered an AC
even if the crime was committed in a dwelling: 1.
When the offended party has given provocation; 2. if the
offender and the offended party are living in the same
dwelling; 3. When dwelling is inherent in the commission
of the crime.
4. That the act be committed with abuse of
confidence or obvious ungratefulness.
Elements of abuse of confidence:
 1. That the
offended party had trusted the offender;
 2. That the
offender abuse such trust by committing a crime against
the offended party;
 3. That the abuse of confidence
facilitated the commission of the crime.
Elements of obvious ungratefulness: 1. That the
offended party had trusted the offender; 2. That the
offender abuse such trust by 
 committing a crime
against the offended 
 party; 3. That the act be
committed with obvious 
 ungratefulness 

5. That the crime be committed in the 1. palace of
the Chief Executive, or in his 2. presence, or where
public authorities are engaged in the discharge of
their duties or in a place dedicated to religious
worship. –
- necessary that the offender deliberately sought the
Requisites of place where public authorities are
engaged in the discharge of their duties: 1. The place
is where public authorities are 
 engaged in the
discharge of their duties; 
 2. The public authorities are
actually engaged 
 in the discharge of the performance
of their duties. 

6. That the crime be committed at the nighttime or in an
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
crime.
Requisites of nighttime: 1. The offender deliberately
took advantage of 
 nighttime or cover of darkness; 
 2.
The purpose of the offender is to facilitate 
 the
commission of the crime or to insure or afford impunity.


Requisites of an uninhabited place: 1. That in the
place where the crime was committed there was a
remote possibility 
 for the victim to receive some help;
2. That the offender deliberately sought the uninhabited
place in order to facilitate the commission of the crime.


Whenever more than three armed malefactors shall
have acted together in the commission of the offense, it
shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or other
calamity or misfortune.
8. That the crime be committed with the aid (direct or
indirect) of armed men or persons who insure or afford
impunity.
Band v Armed men
B: At least 4 armed malefactors; The armed men must
have acted together in the commission of the crime;
Band members are all principals
AM: No requisite as to the number of armed men who
aided the actual perpetrator of the crime; Not necessary
that they acted together in the commission of the crime
because they aided; Armed men are mere accomplices
Recidivism (Art. 14, Par. 9); 
 Reiteracion/Habituality
(Art. 14, Par. 10); Habitual Delinquency (Art. 62.);

 Quasi-Recidivism (Art. 160). 
 offender committed should 
 be serious physical
9. That the accused is a recidivist.
 A recidivist is one
whom at the time of his trial for one crime, shall have
previously been convicted by final judgment of another
crime embraced in the same title of this Code.
Requisites of Recidivism: 1. That the offender is on trial
for an offense; 2. That he was previously convicted by
final 
 judgment of another crime; 3. That both the first
and second offenses are 
 embraced in the same title of
the RPC; 4. That the offender is convicted of the

 second offense charged. 
 serving out his sentence. The maximum period shall be
R v HDR: At least two convictions; Crimes are under the
same title of the RPC; No prescriptive period on the
commission of the offense; it does not prescribe;
Generic AC, may be offset.
HD: At least three convictions; Serious physical injuries,
less serious physical injuries, robbery, theft, falsification;
Prescriptive period of 10 years; Cannot be offset by
MCs; it provides for an additional penalty.
R v QR R: There must be at least two convictions; The
crimes must be embraced in the same title of the Code,
QR: Likewise there must be two convictions (first by final
judgment and second for the second crime that he has
committed); No such requisite, only that the second
crime must be a felony
10. That the offender has been previously punished
for an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it
attaches a lighter penalty.
Elements of reiteracion: 1. That the accused is on trial
for an offense; 2. That at the time of the trial he
previously 
 served sentence for another crime to which
the law attaches an equal or greater penalty or for two
or more crimes to which it attaches a lighter penalty; 3.
That he is also convicted of the new offense. 

Rec v Rei - In both, there must at least be two
convictions.
Rec: It is only required that there is a conviction by final
judgment of the first crime; The two crimes must be
included in the same title of the RPC
Rei: The offender must have served his sentence for the
previous crime he committed; There is no such requisite.
HD - A person is deemed a habitual delinquent, if within
a period of 10 years from the date of is release or last
conviction of the crimes of serious physical injuries, less
serious physical injuries, robbery, theft, estafa or
falsification, he is found guilty of any of the said crimes a
third time or oftener; Special AC
Elements of habitual delinquency: 1. The crimes the
injuries, less serious physical injuries, robbery, theft,
estafa, and falsification; 
 2. There should be at least
three convictions 3. Each convictions must come within
ten year from date of release or last conviction 
 of the
previous crime. 

QUASI-RECIDIVISM (Art. 160): a Special AC.
 A
quasi-recidivist is a person, who after having been
convicted by final judgment, commits a felony before
imposed.
The first crime may be any crime, but the second must
be a felony.
11. That the crime be committed in consideration of
a price, reward, or promise.
12.That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin.
13.That the act be committed with evident
premeditation. EP is the stubborn adherence to a
decision to commit a crime. It implies a deliberate plan
before or after the commission of the crime.
Requisites of evident premeditation: 1. The time when
the offender determined to 
 commit the crime; 2. An
act manifestly indicating that the culprit 
 has clung to
his determination; 3. Sufficient lapse of time between
the 
 determination and execution, to allow him to
reflect upon the consequences of his acts. 
 aggravating in the crime of robbery with violence against
14. That craft, fraud or disguise be employed. (3AC)
Craft: intellectual trickery or cunning resorted to by the
accused
Fraud: Deceit. It is manifested by the use of insidious
words or machinations resorted to by the accused so
that the offended party will perform an act that will make
the offender do the crime easily.
Disguise: ways and means resorted to by the accused
to conceal his identity. Stockings, bonnet or anything
that could be used so that one could not be recognized.
15. That advantage be taken of superior strength, or
means be employed to weaken the defense.
Requisites of Abuse of Superior Strength (ASS): 1. That
there be a notorious inequality of forces between the
offender and the offended party in terms of their age,
size and strength;
 2. That the offender took advantage
of this inequality of forces to facilitate the commission of
the crime.
16. Treachery (alevosia) - There is treachery when the
offender commits any of the crimes against the person,
employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its
execution, without risk to himself arising from the
defense which the offended party might make.
-essence is the suddenness and unexpectedness of the
act to unexpecting and unarmed victim who has not
given the slightest provocation; victim must be totally
without defense. Elements 1. That the offender
deliberately adopted the 
 particular means, method or
form of attack 
 employed by him; 
 Relationship;
 2. Intoxication;
 3. Degree of Instruction
2. That at the time of the attack, the victim 
 was not in
a position to defend himself. 

17. That means be employed or circumstnaces
brought about which add ignominy to the natural
effects of the act.
Ignominy: a moral circumstance which adds to the injury
suffered by the victim. It is humiliation, embarrassment,
moral killing; moral order, which adds disgrace to the
material injury caused by the crime. Ignominy adds
insult to injury or adds shame to the natural effects of
the crime. Ignominy shocks the moral conscience of
man
18. That the crime be committed after an unlawful
entry. There is an unlawful entry when an entrance
is effected by a way not intended for the purpose.
unlawful entry is inherent in the crimes of trespass to
dwelling & robbery with force upon things. But it is
or in intimidation of persons
19. That as a means to the commission of a crime a
wall, roof, floor, door, or window be broken.
UE: Presupposes that there is no breaking as by entry
through the window.
BW: Involves the breaking of the enumerated parts of
the house.
20. That the crime be committed with the aid of
persons under fifteen years of age or by means of
motor vehicles, motorized watercraft, airships, or
other similar means. (As amended by RA 5438).
21. That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong not
necessary for its commission.
Elements of Cruelty (Art. 14, Par. 21):
 1. That at the
time of the infliction of the physical pain, the offended
party is still alive.
 2. That the offender enjoys and
delights in seeing his victim suffer gradually by the
infliction of the physical pain.
Ignominy v Cruelty
I: Victim suffered moral pain; The victim can either be
alive or dead.
C: Victim suffered physical pain or physical suffering;
Necessary that the victim is alive.
Alternative Circumstances - are those circumstances
which can either be aggravating or mitigating,
depending on their effect in commission of the crime.
Three Alternative Circumstances [RIDe]: 1.
or Education
Relationship
 Is considered as an alternative
circumstance when the offender is related to the
offended party as his spouse, ascendants, descendants,
legitimate, illegitimate, natural, adopted brothers, sisters
or relatives by affinity within the same degree. MC - In
crimes against property; EC - theft, estafa or swindling
and malicious mischief
In crimes against persons, relationship is mitigating if the
offender is of a higher degree than that of the offended
party, and the crime committed is less physical injury, or
slight physical injury. If the crime committed is serious
physical injury, it's always an aggravating circumstance.
Intoxication- When the offender has taken such amount
of liquor of sufficient quantity as to affect his mental
capacity to determine the consequences of his act.
MC- not habitual or subsequent to the plan to commit
the felony AC - habitual or it is done subsequent to the
commission of a crime. The offender deliberately takes
liquor because he used it as a stimulant for him to
commit the crime. He was so nervous he cannot commit
the crime, so he takes liquor form him to have the
strength to commit the crime.
Degree of Instruction and Education
 As a rule: a low
degree of education or instruction is considered as a
mitigating circumstance. Exception: if the crime
committed is inherently evil or wrong.
A high degree of education is considered as an
aggravating circumstance, if the offender makes use of
his high degree of education in facilitating the
commission of the crime.
Absolutory Causes Are those circumstances which
have the effect of exempting a person from criminal
liability but not from civil liability, but which are outside
Article 12. - Mistake of fact, Instigation, Accessories in
Light felonies.
Instigation as an absolutory cause.
 In instigation,
the mens rea/evil intent originated from the mind of the
public officer who only lured the offender to commit the
crime. On other hand, entrapment is not an
absolutory cause because entrapment refers to ways
and means resorted to by the public officer in order to
trap and capture a criminal in flagrante delicto. Here, the
mens rea originated from the mind of the offender.
Principals:
1. Those who take a direct part in the execution of the
act; D. Participation
2. Those who directly force or induce others to
commit it;
 of the principals of the crime, provided the accessory
Requisites of a principal by inducement:
1.The inducement is made directly to procure 
 the
commission of the crime; and 
 2. The inducement is
the primary reason[/determining cause] of the
commission of the crime by the principal by 
 direct
participation. 
 
 robbery or theft, "buys, receives, possesses, keeps,
Inducement may come in different forms:
 a. Giving of
price, reward or promise;
 b. By employing force,
command or ascendancy which is being followed by the
principal by direct participation.
3.Those who cooperate in the commission of the
offense by another act without which it would not have
been accomplished. (Indispensable Cooperation) - a
conspiracy or unity in criminal purpose and cooperation
in the commission of the offense
Art. 18. Accomplices. — Accomplices are those
persons who, not being included in Art. 17, cooperate in
the execution of the offense by previous or simultaneous
acts.
Requisites:
1. There must be community of design; 
 After the
principals have [formed] the criminal design, the
accomplice had been informed of the criminal design of
the offender and having been informed, he concurs with
the said criminal design. He is not part of the conspiracy
but he knows and concurs with the design because he
was informed of the same only after the principal had
come up with agreement.
2. That he performs the acts previous or simultaneous to
the commission of the crime; and
3. That the acts performed by the principal is related to
the acts performed by the 

Art. 19. Accessories. — Accessories are those who,
having knowledge of the commission of the crime, and
without having participated therein, either as principals
or accomplices, take part subsequent to its commission
in any of the following manners:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime;
2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its
discovery.
 (SUBSTANCE) CORPUS DELICTI: PROOF
OF OCCURRENCE AND CRIMINAL’S LIABILITY
3. By harboring, concealing, or assisting in the escape
acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder,
or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other.
Elements of fencing: 1) a robbery or theft has been
committed; 
 2) the accused, who took no part in the
acquires, conceals, sells or disposes, or buys and sells,
or in any manner deals in any article or object taken"
during that robbery or theft; 
 3) the accused knows or
should have known that the thing derived from that
crime; and 
 4) he intends by the deal he makes to gain
for himself or for another. 

A fence includes any person, firm, association,
corporation or partnership or other organization
who/which commits the act of fencing.
Fencing" is the act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows,
or should be known to him, to have been derived from
the proceeds of the crime of robbery or theft.
PD 1829 - Obstruction of Justice. - PRIVATE
PERSON
Art. 20. Accessories who are exempt from criminal
liability. 1. When the crime committed is a light felony;
2. When the said accessory is the spouses, ascendants,
descendants, legitimate, natural, and adopted brothers
and sisters, or relatives by affinity within the same
degrees.
PENALTIES
Art. 73. Presumption in regard to the imposition of
accessory penalties.
SCALE PRINCIPAL PENALTIES
Capital punishment: Death
Afflictive penalties:
 Reclusion perpetua,
 20y 1 - 40
Reclusion temporal,
 12y – 20y
Perpetual or temporary absolute disqualification, 6y-12y
Perpetual or temporary special disqualification,
Prision mayor 6y – 12y
Correctional penalties: Prision correccional, 6m-6y
Arresto mayor, 1m – 6m
Suspension, 6m-6y
Destierro 6m & 1 – 6y
Light penalties: Arresto menor, 1-30days
Public censure (Principal & indivisible)
Penalties common to the three preceding classes:
Fine, and
 Bond to keep the peace. (Prin)
ACCESSORY PENALTIES Perpetual or temporary
absolute
disqualification,
 special disqualification for the exercise of the right of
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be
voted for, the profession or calling,
 penalty, of the right to vote in any popular election for
Civil interdiction,
 Moreover, the offender shall not be permitted to
Indemnification,

Forfeiture or confiscation of instruments and proceeds of
the offense,

Payment of costs.
Sections 2 & 3, RA 9346: Rp or LI
RP = not eligible for parole under Act No 4103 ISL
RP V IL
RP: Imposed in violation of the RPC; Carries a fixed
duration: 20 to 40 years; Carries with it accessory
penalties.
IL: Imposed in violation of special penal laws; No fixed
duration; Does not carry accessory penalties.
Art. 30. Effects of the penalties of perpetual or
temporary absolute disqualification. — The penalties
of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
1. The deprivation of the public offices and employments
which the offender may have held, even if conferred by
popular election. 

2. The deprivation of the right to vote in any election for
any popular office or to be elected to such office. 

3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned.
 In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3 of
this article shall last during the term of the sentence. 

4. The loss of all rights to retirement pay or other
pension for any office formerly held. 

Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. — The penalties
of perpetual or temporal special disqualification for
public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession
or calling affected; 

2. The disqualification for holding similar offices or
employments either perpetually or during the term of the
sentence according to the extent of such
disqualification. 

Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the exercise of
the right of suffrage. — The perpetual or temporary
suffrage shall deprive the offender perpetually or during
the term of the sentence, according to the nature of said
any public office or to be elected to such office.
hold any public office during the period of his
disqualification.
Art. 33. Effects of the penalties of suspension from
any public office, profession or calling, or the right
of suffrage. — The suspension from public office,
profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding such
office or exercising such profession or calling or right of
suffrage during the term of the sentence.
The person suspended from holding public office shall
not hold another having similar functions during the
period of his suspension.
Art. 87: Destierro. — Any person sentenced to
destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and
not less than 25 kilometers from the place designated.
PADis v TADis
P; Effective during the lifetime of the convict and even
after the service of the sentence.
T: Disqualification lasts during the term of the sentence,
and is removed after the service of the sentence,
except: 1.Deprivation of the public office/employment;
2. Loss of all rights to retirement pay or pension for any
office formerly held.
Fine A pecuniary penalty which is imposed by the court
in case of the judgment of conviction. Instead of
imprisonment, the penalty imposed is fine.
Art. 35. Effects of bond to keep the peace. — It shall
be the duty of any person sentenced to give bond to
keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the
offense sought to be prevented, and that in case such
offense be committed they will pay the amount
determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the
court to guarantee said undertaking.
B Keep Peace v Good B
Peace: [Not applicable to any particular case]; Failure to
post a bond to keep the peace results to imprisonment
either for 6mo or 30d, depending on whether the felony
committed is grave or less grave on one hand, or a light
felony on the other.
Good: Applicable only to cases of grave threats and light
threats; Failure to post a bond for good behavior is
destierro under Art. 284.
Accessory Penalties
CIVIL INTERDICTION Under Articles 40 to 41, civil
interdiction is an accessory penalty that necessarily
follows the principal penalty of death, reclusion perpetua
and reclusion temporal.
Art. 34: Civil interdiction shall deprive the offender
during the time of his sentence of the rights of:
 1.
parental authority, 2. guardianship, either as to the
person or property of any ward, marital authority,
 4. the
right to manage his property and
 5. the right to dispose
his property by any act or any conveyance inter vivos.
Art. 45. Confiscation and forfeiture of the proceeds
or instruments of the crime. — Every penalty imposed
for the commission of a felony shall carry with it the
forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
GR: The proceeds and instruments of the crime are
forfeited in favor of the government.
 XPN: Unless they
belong to a 3rd person who is not a party to the
crime.
 XPN to XPN: if the articles are outside the
lawful commerce of man.
PAYMENT OF COST Cost refers to expenses of
litigation
Costs shall include fees and indemnities in the course of
the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.
Art. 29. Period of preventive imprisonment deducted
from term of imprisonment. – Offenders or accused
who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they
have undergone preventive imprisonment if detention
prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the assistance
of counsel to abide by the same disciplinary rules
imposed upon convicted prisoners, except:
1. recidivists; 2. When summoned for execution of
sentence have failed to durrender voluntarily
If detention prisoner does not agree he shall do so in
writing with assistance of counsel and shall be credited
four fifths of time. Credit for RP shall be deducted from
30 yrs.
Undergone PI for a period equal to the possible
maximum imprisonment of the offense charged –
released immediately
Pardon CE v OFF Party
CE: It extinguishes the criminal liability of the offender; It
cannot exempt the offender from the payment of civil
indemnity; Granted only after conviction and may be
extended to any offender.
OP: It does not extinguishes the the criminal liability of
the offender.
 XPN: Marital Rape (Art. 266-C). Pardon
granted by the wife to the husband in case of rape shall
extinguish criminal action already filed and liability, or
even the penalty already imposed by the court;
Offended party can waive the civil liability; Pardon
should be given before the institution of criminal
prosecution and must be extended to both offenders
(Art. 344).
In addition, Presidential Pardon does not automatically
restore the following rights, and they must be specifically
stated by the terms of the pardon: 1. to hold public
office,
 2. to vote and be voted, and
 3.to exercise his
right of suffrage.
Art. 38. Pecuniary liabilities; Order of payment. — In
case the property of the offender should not be sufficient
for the payment of all his pecuniary liabilities, the same
shall be met in the following order: 1. The reparation of
the damage caused. 2. Indemnification of consequential
damages 3. The fine. 4. The cost of the proceedings. 
 2.Penalty includes fine but there is no express
P. Liab v P. Penalties
L: Conviction but not as penalty; 4 ; P: Conviction as P
Fine & payment of cost
SUBSIDIARY PENALTY [IMPRISONMENT]
Is a substitute penalty for fine and fine alone. [The]
penalty [imposed] includes fine and the 
 convict
happens to be insolvent. 

There must also be EXPRESS statement in 
 the
judgment that in case of insolvency to pay the fine, he
shall suffer subsidiary imprisonment. 
 without a fixed duration.
If the convict has no property with which to meet the fine
mentioned m paragraph 3 of the next preceding article,
he shall be subject to a subsidiary personal liability at
the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines
at the time of the rendition of judgment of conviction
by the trial court"
Rules: (39)

 1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding
paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a fine,6.the
subsidiary imprisonment shall not exceed six months, if
the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a
light felony. 3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment shall be
imposed upon the culprit.
4. If the principal penalty imposed is not to be executed
by confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer
the same deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not relieve
him, from the fine in case his financial circumstances
should improve. (As amended by RA 5465, April 21,
1969).
Instances when convict cannot be made to suffer
subsidiary penalty
1. When the penalty imposed by the court does 
 not
include fine, 


 statement in the judgment that in case of insolvency to
pay the fine, he shall suffer subsidiary penalty, 

3. When what the convict failed to pay is a fine but
reparation of damage caused or indemnification for
damages because subsidiary penalty is a penalty
against fine and fine alone, 

4. If the principal penalty that goes with fine higher than
prision correctional, and 

5.Iftheprincipalpenaltythatgoeswithfineisnot to be
executed by confinement in a penal institution and


Article 48. Penalty for complex crimes
Elements of Compound Crime 1. Offender performs a
single act; 
 2. The act resulted in two or more grave or

 less grave felonies. 

Basis: singularity of act, NOT singularity of
impulse.
 Effect: Penalty for the most serious charge in
its maximum period. File only 1 information.
Murder with multiple frustrated murder; Double murder;
Elements of Complex Crime Proper: 1. Two offenses
are committed, 2. One offense is a necessary means to

 commit the other, 
 3. Both offenses are punished by
the same 
 statute 

Effect: like compound crimes, the penalty for the most
serious crime shall be imposed, in its maximum period.
Rape with forcible abduction, Estafa thru falsification of
public document. 

SPECIAL COMPLEX CRIME - In reality two or more
crimes committed but in the eyes of law only one. The
law provides what crimes would be complexed and what
crimes go together.
Robbery with homicide - A was robbing the house, in
course of robbery the owner of house was awaken, he
shot the owner, Art. 294: reclusion perpetua to death,
b) Kidnapping with homicide- A kidnapped B, when b is
trying to escape he shot B. Law provides for specific
penalty which is death
c) Rape with homicide - A raped B, after raping he killed
B. Art 266B – reclusion perpetua to death if in occasion
of rape, homicide is committed.
d) Attempted Rape with Homicide- There is an attempt
to rape the victim. In the course thereof, he killed the
victim;
Spcl CC: Law provides what offense which should be
complexed; The law provides for the specific penalty for
the combined crimes; If a light felony is committed,
generally, it is absorbed by the said special complex
crime.
CC: Two or more grave or less grave offense, or an
offense is a necessary means to commit the other; The
penalty for the most serious offense is imposed in the
maximum period; If a light felony is committed,
generally, it brings about a separate and distinct charge.
CONTINUED
 Crime, Continuous Crime, Delicto
Continuado
When the offender is impelled by a single criminal
impulse commits a series of overt acts in about the
same time and about the same place violating one and
the same provision of law.
Requisites of Delicto Continuado (Defensor- Santiago
v. Garchitorena & People):
 1. Plurality of acts
performed during a period of time; 2. Unity of penal
provisions violated; 3. Unity of criminal purpose or aim

 Basis is singularity of impulse.
CONTINUING CRIME OR TRANSITORY OFFENSE -
The offender may be prosecuted in any courts of the
place where any of the crime has been committed.
Limitation: the moment he is prosecuted in one court, he
can no longer be prosecuted in any other court.
Art. 46. Penalty to be imposed upon principals in
general.
GR: Arts. 50-57 provides that if the offender is an:
Accomplice, you go 1 degree lower F2/At3
Accessory - 2 degrees lower from the penalty
prescribed by law/F3/At4
Frustrated Stage (P) - 1 degree lower from the penalty
prescribed by law
Attempted Stage (P)- 2 degrees lower from the penalty
prescribed by law
GR:
 1. Penalties are imposed upon the principals,
 2.
Whenever the law prescribes a penalty or a felony in
general terms,it shall be understood to apply to a
consummated felony.
XPN: These shall not apply if:
 1.
Thelawexpresslyprovidespenaltiesforaccomplicesandac
cessoriesofacrime, 2.
Thelawexpresslyprovidespenaltiesforfrustratedandattem
ptedstages.
Art. 62. Effects of the Attendance of Mitigating or
Aggravating Circumstances and of Habitual
Delinquency. — Mitigating or aggravating
circumstances and habitual delinquency shall be taken
into account for the purpose of diminishing or increasing
the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which
are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage
was taken by the offender of his public position, the
penalty to be imposed shall
be in its maximum regardless of mitigating
circumstances.
The maximum penalty shall be imposed if the offense
was committed by any person who belongs to an
organized/syndicated crime group.
An organized/syndicated crime group means a group of
two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the
commission of any crime (As amended by RA 7659).
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to
such a degree that it must of necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant. 

4. The circumstances which consist in the 
 material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of
them at the time of the execution of the act or their
cooperation therein. 

5. Habitual D shall have the ff effects:
a) Upon a third conviction, the culprit shall be sentenced
to the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of prisión
correccional in its medium and maximum periods;
b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prisión mayor iin its minimum and medium requirements;
and
c) Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty
of prisión mayor in its maximum period to reclusión
temporal in its minimum period.
Notwithstanding the provisions of this article, the total of
the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
Article 63. Rules for the application of indivisible
penalties. - In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating
circumstances that may have attended the commission
of the deed.
In all cases in which the law prescribes a penalty
composed of two indivisible penalties, the following rules
shall be observed in the application thereof:
 1. When in
the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be
applied.
 said divisible penalty into three portions, the first portion
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.

3. When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation.
Art. 64. Rules for the application of penalties which
contain three periods. — In cases in which the penalties
prescribed by law contain three periods, whether it be a
single divisible penalty or composed of three different
penalties, each one of which forms a period in
accordance with the provisions of Articles 76 and 77, the
court shall observe for the application of the penalty the
following rules, according to whether there are or are not
mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed
by law in its medium period.chanrobles virtual law library
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.chanrobles virtual law library
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.chanrobles virtual law library
4. When both mitigating and aggravating circumstances
are present, the court shall reasonably offset those of one
class against the other according to their relative
weight.chanrobles virtual law library
5. When there are two or more mitigating circumstances
and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by
law, in the period that it may deem applicable, according
to the number and nature of such circumstances
6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its
maximum period.chanrobles virtual law library
7. Within the limits of each period, the court shall
determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater and lesser extent of the
evil produced by the crime.chanrobles virtual law library
Degree of penalty Is a penalty prescribed by law for
every crime committed whether divisible or indivisible.
Period of penalty Refers to the subdivision of every
is minimum, second is medium, third is maximum
Indivisible penalty - penalty with no fixed duration:

death,
 reclusion perpetua, perpetual absolute
disqualification, perpetual special disqualification,
Divisible penalty - penalty with fixed duration and
therefore can be divided into three periods. The first
portion is minimum, second is medium, and third is
maximum.
Indeterminate Sentence Law (RA 4103)
modifies the imposition of penalty. It is applied both to
RPC and special laws. It provides for a minimum and
max term, such that the moment the offender serves the
minimum of the sentence, he shall be eligible for parole.
If granted, he will serve the remainder of the sentence
out of prison, but subject to the supervision of the parole
officer.
The ISLAW is related to Art. 64 of the RPC.
Courts are mandated to fix a minimum term of sentence
and maximum term of sentence. When he served
minimum, he can be release for parole under conditions.
Under parole he is released but under supervision of
parole officer.
Objectives of ISLAW: 1. Uplift and redeem valuable
human material, 
 and 2. Avoid unnecessary and
excessive deprivation 
 of liberty. 

Parole - conditional release of the offender form the
correctional institution after serving minimum sentence
after showing that he has reformed. Note it does not
extinguish criminal and civil liability.
Requisites 1. He must be placed in prison/jail to serve
an indeterminate sentence which exceeds 1 year; 2.
Served minimum term of sentence; 3. Board of pardons
and parole found that his 
 release is for greater interest
of society. 
 judgment imposing a probationable penalty, the convict
ISL applies to all offenders and all felonies.
This act shall not apply to persons: 1. Convicted of
offenses punished by death or life 
 imprisonment
(reclusion perpetua is included, 
 based on
jurisprudence); 

2. Those convicted of treason, conspiracy or proposal to
commit treason, misprision of treason, rebellion,
sedition, or espionage, 3. Those convicted of piracy, 4.
Those who are habitual delinquents, Recidivists are
entitled to an indeterminate sentence 
 5. Those who
shall have escaped from confinement or evaded
sentence.
 NOTE: A minor who escaped from
confinement in the reformatory is entitled to the benefits
of the law because confinement is not considered
imprisonment 6. Those who having been granted
conditional pardon by the President shall have violated
the terms thereof. 7. Those whose maximum period of
imprisonment does not exceed one year.
PROBATION- disposition by which a convict after
conviction and sentence is released subject to the
conditions imposed by the court under the supervision of
a probation officer.
No application shall be entertained or granted if the
defendant has perfected the appeal from the judgment
of conviction. Provided, that when a judgment of
conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified
thorugh the imposition of a probationable penalty, the
defendant shall be allowed to apply based on the
modified decision before such decision becomes final.
This notwithstanding, the accused shall lose the benefit
of probation should he seek a review of the modified
decision which already imposes a probationable penalty.
The filing of the application shall be deemed a waiver of
the right to appeal.
DISQUALIFIED TO AVAIL OF PROBATION (Sec. 9,
as amended by RA 10707, and other laws):
1. Those whose maximum term of imprisonment 
 is
more than 6 years,
2. those who have been convicted of any crime

 against national security, 
 imprisonment, taking into account the highest minimum
3.Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a
fine of more than one thousand pesos (P1,000.00)
4. those who have already availed the benefit of
probation 

5. those who have perfected an appeal from judgment of
conviction [which imposes a probationable penalty. If the
conviction was for a non-probationable penalty, and the
convict appeals, resulting to the modification of
may now apply for probation. SEE RA 10707] 

6. those convicted of an election offense under the
Omnibus Election Code 

7. Those convicted of drug trafficking or drug pushing,
8. Those who filed a malicious report that a person is
committing a violation of Anti- money laundering law and
was convicted because of such malicious filing. 

APPLICATION FOR PROBATION (See also Sec. 4 as
amended by RA 10707):
 Filed before the Trial Court
which heard the case within the period of perfecting an
appeal or within 15 days from promulgation of judgment.
No application for probation shall be entertained when
the offender has already perfected an appeal. Likewise,
the filing of an application for probation shall be a waiver
of the right to file an appeal.
EXCEPTIONS TO RULE THAT APPEAL PREVENTS
PROBATION:
1. If the appeal is only for the purpose of reducing the
penalty to a probationable penalty. That the only reason
for appealing is to question the high penalty imposed.
However, if in the said appeal, the offender questions
the merits of the case, he can no longer apply for
probation
2. Under the Juvenile Justice and Welfare Act, if the
offender is a minor he can file an application for
probation at any time even if after appeal. It is only
necessary that the penalty imposed upon him is a
probationable penalty.
CONDITIONS IMPOSED UPON OFFENDER UNDER
PROBATION:
 1. MANDATORY
a. Appear before the probationary officer within 72 hours
from the receipt of the order. b. Report once a month
2. DISCRETIONARY/ SPECIAL Dependent upon the
sound discretion of the court.
Sentence / Period of probation:
Imp not more than 1 yr / not exceed 2yrs
In all cases of Imp – not exceed 6 yrs
Fine & only subsidiary imp - Not less than nor be more
than 2x than the total number of days of subsidiary
wage rate at the time of the rendition of the judgment.
LEGAL EFFECT OF PROBATION: Its only legal effect
is to suspend the execution of the sentence. It has
nothing to do, and has no effect, on civil liability.
EFFECT OF AN ORDER OF FINAL DISCHARGE OF
PROBATION (Sec. 16, as amended): 1. Restore the
civil rights lost or suspended by 
 reason of conviction,
including the penalty of 
 fine, and 
 2. Totally
extinguish the criminal liability for the 
 crime he
committed (RA 10707). 
 But, the offender should still
pay the civil indemnity to the offended party.
Successive Service of Sentence & 3F Rules
Art. 70, the convict shall serve a sentence, as rule,
simultaneously. If the nature of the penalty allows
simultaneous service of sentence.
And what penalties allows simultaneous sentence?
Improvementandfine
 Imprisonment and
suspension
 Imprisonment and public censure
He shall serve them successively as provided for under
Art. 70.
THREE-FOLD RULE – limitation on the successive term
of sentence. Art. 70 provides that the maximum duration
of sentence shall not exceed three times the length of
the most severe penalty and that in no case shall
exceed 40 years.
Graduated Scale
1. Death, Reclusion perpetua, Reclusion temporal,

 Prision mayor, Prision correccional, 
 Arresto mayor,

 Destierro, 
 Arresto menor, 
 Public censure, 
 Fine.
2. Perpetual absolute disqualification, 
 the penalty to be imposed; Granted only after conviction
Temporal absolute disqualification Suspension from
public office, the right to vote and be voted for, the right
to follow a profession or calling/ Public censure /Fine. 
 kinds of offenders.
Art. 72. Preference in the payment of the civil
liabilities. The civil liabilities of a person found guilty of
two or more offenses shall be satisfied by following the
chronological order of the dates of the judgments
rendered against him, beginning with the first in order of
time.
Destierro shall be imposed in the following cases: 1.
Death or serious physical injuries is caused or 
 are
inflicted under exceptional circumstance 
 (Art. 247), 2.
Person fails to give bond for good behavior in 
 grave
and light threats 3. Concubine's penalty for the crime of

 concubinage, 4. When after reducing the penalty by 1
or more 
 degrees, destierro is the proper penalty. 
 Loght offenses – 2mos
Execution of Destierro
 a) Convict shall not be
permitted to enter the place designated in the sentence
nor within the radius specified: not more than 250KM
and not less than 25KM from the place designated. b) If
the convict enters the prohibited area, he commits
evasion of sentence.
Art. 89. How criminal liability is totally extinguished.
— Criminal liability is totally extinguished:
 1) By the
death of the convict, as to the personal
penalties and as to pecuniary penalties, liability therefor
is extinguished only when the death of the offender
occurs before final judgment.
2) By service of the sentence

3) By amnesty, which completely extinguishes the
penalty and all its effects

4) By absolute pardon

5) By prescription of the crime

6) By prescription of the penalty

7) By the marriage of the offended woman, as provided
in Art 344 of this Code
AMNESTY is an act of grace from the power entrusted
with the execution of the law which does not only
exempt the offender from the service of penalty for the
crime committed, but also obliterates the effects of the
crime. It does not only suspend the execution of the
sentence. It also obliterates the effects of the crime.
ABSOLUTE PARDON- act of grace received from the
power entrusted with the execution of the law which
exempts the offender from the penalty prescribed by law
for the crime committed.
P: Merely suspends the execution of sentence, erases
by final judgment; Private act of President. As such, the
person pardoned must plead and prove it before the
courts. No judicial notice of pardon; May be given to all
A: Obliterates all effects of crime as if no crime was
committed; Granted at any stage of proceedings, before
during or after final judgment; Public act of President.
Granted with the concurrence of Congress. Courts take
judicial notice of it;
Generally granted to a class or group of persons who
have committed political offenses.
Art 90 – prescription of Crime:
Death RP RT – 20 yrrs
Other afflictive p – 15y
Correctional ex arresto mayor – 10 y
Arresto Mayor – 5y
Libel – 1 yr
Oral D & slander – 6mos
PRESCRIPTION OF PENALTY- loss of the right of the
State to execute the final sentence. The moment the
penalty has prescribed, the convict becomes a free
man. The state can no longer arrest him and make him
suffer the penalty imposed.
Prescription of Penalties
Death & RP – 20yrs
Other Afflictive P – 15y
Correctional ex Arresto Mayor – 10y
Arresto mayor – 5 yrs
Light penalties – 1yr
Commences to run: Date when convict should evade
the service of sentence
Interrupted: Should give himself up, Be captured,

 Should go to some foreign 
 country which the Phil.
Government has no extradition treaty, or Should commit
another crime before the expiration of the period of
prescription.
PC v PP
PC: Loss or forfeiture of the right of the State to
prosecute; Starts counting upon the discovery of the
commission of the crime; Mere absence from the
Philippines interrupts the running of the prescription;
Commission of another crime before the expiration of
the prescriptive period does not interrupt prescription.
PP: Loss or forfeiture of the right of the State to enforce
final judgment; Starts counting upon the escape or
evasion of service of sentence; Absence from the
Philippines interrupts the period only when the convict
goes to a foreign country without an extradition treaty
with the Philippines; Commission of another crime
before the expiration of the period interrupts the
prescription.
Art. 94. Partial Extinction of criminal liability. —
Criminal liability is extinguished partially: 1. By
conditional pardon; 2. By commutation of the sentence;
and 3. For good conduct allowances which the culprit
may earn while he is undergoing preventive
imprisonment or serving his sentence. (As amended by
RA 10592) 
 4. By parole (not in codal) 
 5. By
probation (not codal) 
 reparation of damages. The judge shall impose against
MODES FOR PARTIALLY EXTINGUISHING
CRIMINAL LIABILITY 1Conditional Pardon 2
Commutation of sentence 
 3 Good conduct of
allowance 
 actual damages for the damages incurred by the
COMMUTATION OF SENTENCE- a new penalty is
imposed shall be in lieu of the original sentence. Ex:
death penalty commuted to Reclusion Perpetua.
Reclusion Perpetua should now be served instead of
death.
GOOD CONDUCT ALLOWANCE (ART 97 [& 99], as
amended by RA 10592)- if the offender has been
behaving properly in prison, the Director of the BuCor,
the Chief of BJMP and/or the Jail Warden shall compute
the good conduct allowance in favor of the offender so
that he will be immediately released.
GR: Civil action impliedly instituted in criminal
action.
 Art. 100: Every person criminally liable is also
civilly liable. For every criminal action filed in court, the
civil action for the recovery of civil liability is deemed
impliedly instituted. This is because in the commission of
a crime, 2 injuries are inflicted:
Social injury against the State for the disturbance of
social order and
2. Personal Injury against the offended party and his
heirs.
Requisites to hold Employers subsidiarily liable for
crimes of employees: 1 Employer must be engaged in
some kind of 
 industry 2. Employer and employee
relationship 3. Employee committed a crime in the

 exercise of his duties as employee 
 4. There must be
conviction of the crime and the employee was found
insolvent to pay civil indemnity. The moment the
employee was found insolvent, the liability of the
employer now becomes absolute. A motion for the
issuance of a subsidiary writ of execution must then be
filed by the 
 complainant. 

rt. 104. What is included in civil liability. — The civil
liability established in Articles 100, 101, 102, and 103
of this Code includes:
 1. Restitution; 2. Reparation of
the damage caused;
 3. Indemnification for
consequential damage
RESTITUTION- Return of the thing itself, if it can be
returned. Even if the thing is in possession of an
innocent purchaser for value without prejudice to the
action that the said innocent purchaser may have
against the other person.
Exception: if the innocent purchaser acquired the said
property in a public sale. Then, it can no longer be
taken away from him.
REPARATION- If restitution is not possible, we have
the accused payment for the value of the thing together
with the special sentimental value to the owner thereof.
INDEMNIFICATION OF CONSEQUENTIAL DAMAGES
- Consists of moral damages, exemplary damages, and
offended party and/or his heirs.
CRIMES AGAINST FUNDAMENTAL LAWS OF THE
STATE
124. ARBITRARY DETENTION (1) Offender is a public
officer or employee (vested w/ Au) 
 (2) He detains a
person (3) Detention is without a legal ground 
 (1) Same (2) He is armed w/ SW legally procured (3) He
D - actual confinement of a person in an enclosure, or in
any manner
125. DELAY IN THE DELIVERY OF DP (1) O. is a PO
OR EE 
 (2) detains a person for some legal ground

 (3) He fails to deliver such person to the proper
judicial authorities within – 
 (a) 12 hours for light
penalties (b) 18 hours for correctional penalties (c) 36
hours for afflictive or capital penalties
126. DELAYING RELEASE (1) O. is a PO OR EE
(2) There is a: (a) Judicial or executive order for the
release of a prisoner or detention prisoner, or 
 (b) A
proceeding upon a petition for the liberation of such
person 
 alone or together with others, any petition to the
(3) Offender without good reason delays – 
 (a) service
of the notice of such order to the prisoner (b)
performance of such judicial or executive order for the
release of the prisoner; or 
 (c) proceedings upon a
petition for the release of such person 
 132. INTERRUPTION OF RELIGIOUS WORSHIP
127. EXPULSION (1) same (2) He either– (a) Expels
any person from the Phi (v. aliens only) ; (b) Compels a
person to change residence
 (any) (3) Offender is not
authorized to do so by law


128. VIOLATION OF DOMICILE (1) Offender is a public
officer or employee (2)
Heisnotauthorizedbyjudicialorder–
(a) Entering any dwelling against the will of the owner
(+objection)
(b) Searching papers or other effects found therein
without the previous consent of such owner, or 
 (1) There is a public uprising and taking arms against
(c) Refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same 
 (a) To remove from the allegiance to the government or
129. SW MALICIOUSLY OBTAINED AND ABUSE IN
THE SERVICE OF THOSE LEGALLY OBTAINED
1) Procuring a search warrant without just cause:
(a) Same; (b) He procures a search warrant (c) There
is no just cause 
 R – Object is to completely overthrow and supplant the
2) Exceeding authority or using unnecessary severity in
executing a search warrant legally procured: (a) Same
(b) He has legally procured a SW
 (c) He exceeds his
authority or uses unnecessary severity in executing
130. SEARCHING DOMICLE WITHOUT WITNESSES
searches the domicile, papers or other belongings of
any person (4) The owner, or any members of his family,
or two witnesses residing in the same locality (same
brgy) are not present
131. PROHIBITION, INTERRUPTION & DISSOLUTION
OF PEACEFUL MEETINGS (1) Same (1) Offender is a
public officer or employee (2) He performs any of the
following acts:
(a) Prohibiting or interrupting, without legal ground, the
holding of a peaceful meeting, or by dissolving the same


(b) Hindering any person from joining any lawful
association, or from attending any of its meetings 

(c) Prohor hind any person from addressing, either
authorities for the correction of abuses or redress of
grievances 

CRIMES AGAINST RELIGIOUS WORSHIP
(a) Same 
 (b) Religious ceremonies or manifestations
of any religion are about to take place or are going on
(c) Offender prevents or disturbs the same 

133. OFFENDING THE RELIGIOUS FEELINGS
(1) Acts complained of were performed
(a) in a place devoted to religious worship, or
(b) during the celebration of any religious ceremony
(2) The acts must be notoriously offensive to the
feelings of the faithful
CRIMES AGAINST PUBLIC ORDER
134 – REBELLION OR INSURRECTION
the government; (2) The purpose of the uprising or
movement is:
its laws the Philippine territory or any part thereof, or
anybody of land, naval, or other armed forces; or 

(b) To deprive the CE or Congress, wholly or partially,
of any of their powers or prerogatives. 

existing government;
I - movement seeking to effect some change of minor
importance or to prevent the exercise of governmental
authority with respect to particular matters or subjects
 or other means outside of legal methods; (3) Purpose is
to attain any of the following objects:
134-A COUP D’ETAT 1) Offender is a person or (a) To prevent the promulgation or execution of any law
persons belonging to the military or police or holding any or the holding of any popular election; 

public office or employment; 
 (b) To prevent the national government or any
(2) It is committed by means of a swift attack provincial or municipal government or any public officer
accompanied by violence, intimidation, threat, strategy from exercising its or his functions, or prevent the
or stealth; 
 execution of an administrative order; 

(3) directed against the duly constituted authorities, or (c) To inflict any act of hate or revenge upon the person
any military camp or installation, communication or property of any public officer or employee; 

networks, public utilities or other facilities needed for the
(d) To commit, for any political or social end, any act of
exercise and continued possession of power; 
 hate or revenge against private persons or any social
(4) The purpose of the attack is to seize or diminish classes; 

state power. 
 (e) To despoil for any political or social end, any person,
135. – PENALTY FOR R/I/C municipality or province, or the national government of
L: (a) Any person who promotes, maintains or heads a all its property or any part thereof
rebellion or insurrection; or 
 (b) Any person who leads, 140. PENALTY – leader & Participant 141.
CONSPIRACY TO COMM S.
directs or commands others to undertake a coup d’état;
142. INCITING TO S.

 1. Inciting others to the accomplishment of any of the
P: Any person who: a) participates or executes the acts which constitute sedition by means of speeches,
commands of others in rebellion or insurrection; proclamations, writings, emblems, cartoons, banners or
b) in the government service who participates or other reps.
executes directions or commands of others 2. Uttering seditious words or speeches which tend to
c) not in the government service who participates, disturb the public peace
supports, finances, abets or aids; 3. Writing, publishing, or circulating scurrilous libels
d) If under the command of unknown leaders, any against the government or any of the duly constituted
person who directed the others, spoke for them, signed authorities thereof, which tend to disturb the public
receipts and other documents issued in their name on peace.
behalf of the rebels shall be deemed a leader. 
 4. Knowingly concealing such evil
Clear and Present Danger Rule: The words must be of
136. – CONSPIRACY & PROPOSAL – C/R/I
such nature that by uttering them there is a danger of a
public uprising and that such danger should be both
137. – DISLOYALTY OF PUBLIC OFFICERS OR
clear and imminent. The danger must not only be
EMPLOYEES
probable but very likely inevitable.
(1) Of. is a PO or Ee;
 (2) Offender commits any of the Dangerous Tendency Rule: If the words used tend to
following acts: (a) Failing to resist a rebellion by all the create a danger of public uprising, then those words
means in their power; 
 (b) Continuing to discharge the could properly be the subject of a penal clause.
CRIMES AGAINST POPULAR ELECTION
duties of their offices under the control of the rebels
143. - ACTS TENDING TO PREVENT THE MEETING

 (c) Accepting appointment to office under them. 
 OF THE CONGRESS OF THE PHILIPPINES AND
SIMILAR BODIES
138. – INCITING TO REBELLINON OR 1) projected or actual meeting of Congress or any of its
INSURRECTION committees or subcommittees, constitutional committees
(a) Of does not take arms or is not in open hostility or divisions thereof, or of any provincial board or city or
against the government; 
 municipal council or board; 
 2) Off, (any p.) prevents
(b) incites others to the execution of any of the acts of such meetings by force or fraud. 

rebellion; 

(c) The inciting is done by means of speeches, 144. – DISTURBANCE OF PROCEEDINGS
proclamations, writings, emblems, banners or other 1) meeting; 2) Off. – disturbs; behaves while in the
representations tending to the same end. 
 presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it.
139. – SEDITION (1) Offenders rise publicly and
tumultuously; (2) Offenders employ force, intimidation, 


145. VIOLATION OF PARLIAMENTARY AU.
A) (1) Offender uses force, intimidation, threats or
fraud; 
 5) By inducing disobedience to a summons or refusal to
(2) purpose is to prevent any member of Congress
from: (a) Attending the meetings (b) Expressing his
opinion; or 
 (c) Casting his vote. 
 PERSON IN AUTHORITY OR THE AGENTS OF SUCH
B) (a) Off is PO or Ee; 
 (b) He arrests or searches
any member of Congress; (c) at the time of arrest or
search, is in regular or special session; 
 (d) The
member not committed a crime punishable under the
Code by a penalty higher than prision mayor. 

146. – ILLEGAL ASSEMBLIES
1: Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the Code.
2: Any meeting in which the audience, armed or not, is
incited to T/R or I/ S or Assualt person in Au
147. – ILLEGAL ASSOCIATIONS Associations totally
or partially organized for the purpose of a) crimes RPC;
b) purpose contrary to public morals. 
 protection and security of life and property.
Persons liable: (1) Founders, directors and president of
the association; (2) members
148. DIRECT ASSUALT - Without public uprising,
1) by employing force or intimidation for the attainment
of any of the purposes enumerated in defining the
crimes of rebellion and sedition;
2) by attacking, by employing force or by seriously
intimidating or by seriously resisting any person in
authority or any of his agents while engaged in the
performance of official duties, or on occasion of such
performance.
Assault is qualified when: (a) weapon employed in the
attack 
 (b) offender is a public officer (c) offender lays
hands on a public authority (CC w/ H or M / S or LS PI)
149. INDIRECT ASSAULT - 1) PA or APA is the victim
of any of the forms of DA; 
 (2) person comes to the aid
of such PA OR APA; (3) Offender makes use of force or
intimidation upon such person coming to the aid of the
authority or his agent. 
 printing, lithography or any other means of publication,
150 – DISOBEDIENCE TO SUMMONS ISSUED BY
CONGRESS,
1) By refusing, without legal excuse, to obey summons
of Congress, its special or standing committees
2) By refusing to be sworn or placed under affirmation
while being before such legislative or constitutional body
or official;
3) By refusing to answer any legal inquiry or to produce
any books, papers, documents, or records in his
possession, when required by them to do so in the
exercise of their functions;
4) By restraining another from attending as a witness in
such legislative or constitutional body;
be sworn by any such body or official.
151 – RESISTANCE AND DISOBEDIENCE TO A
PERSONS
(1) A PA or APA is engaged in the performance of
official duty or gives a lawful order to the offender;

 (2) Offender resists or seriously disobeys(3) The act
of the offender is not included in the provision of Articles
148, 149 and 150 

152. PA & APA
PO –Any person who takes part in the performance of
public functions in the government.
PA - directly vested with jurisdiction, whether as an
individual or as a member of some court or
governmental corporation, board or commission.
APA - Any person who, by direct provision of law or by
election or by appointment by competent authority, is
charged with the maintenance of public order and the
PUBLIC DISORDERS
153. TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER
1: Causing any serious disturbance in a public place,
office or establishment;
2: Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if the act is not
included in Arts. 131 and 132;
3: Making any outcry tending to incite rebellion or
sedition in any meeting, association or public place;
4: Displaying placards or emblems which provoke a
disturbance of public order in such place;
5: Burying with pomp the body of a person who has
been legally executed.
154 – UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES
1: Publishing or causing to be published, by means of
as news any false news which may endanger the public
order, or cause damage to the interest or credit of the
State;
2: Encouraging disobedience to the law or to the
constituted authorities or praising, justifying or extolling
any act punished by law, by the same means or by
words, utterances or speeches;
3: Maliciously publishing or causing to be published any
official document or resolution without proper authority,
or before they have been published officially;
4: Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which
do not bear the real printer’s name, or which are
classified as anonymous.
155 – ALARMS AND SCANDALS
1: Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to
cause alarm or danger;
2: Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility;
3: Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusements;
4: Causing any disturbances or scandal in public places
while intoxicated or otherwise, provided Art. 153 is not
applicable.
156 – DELIVERING PRISONERS FROM JAIL (1)
There is a person confined in a jail or penal
establishment; (2) Offender removes therefrom such
person, or helps the escape of such (he has custody –
223: infidelity in the custody)
157 – EVASION OF SERVICE OF SENTENCE (1) Off -
convict by final judgment; 
 (2) He is serving sentence -
deprivation of liberty; (3) He evades service of his
sentence by escaping during the term of his
imprisonment. 
 offender knew; he used it)
Qualifying circumstances:(a) By means of unlawful
entry (this should be “by scaling); 
 (b) By breaking
doors, windows, gates, walls, roofs or floors; 
 (c) By
using picklock, false keys, disguise, deceit, violence or
intimidation; or 
 (d) Through connivance with other
convicts or employees of the penal institution.
158 – EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS,CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
1) Offender is a convict by final judgment, who is
confined in a penal institution;
2) There is disorder, resulting from – (a)
conflagration;
 (b) earthquake;
 (c) explosion; (d)
similar catastrophe; or (e) mutiny in which he has not
participated;
3) He evades the service of his sentence by leaving the
penal institution where he is confined, on the occasion
of such disorder or during the mutiny;
4) He fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such
calamity.
5) Leaving the penal establishment is not the basis of
criminal liability. What is punished is the failure to return
within 48 hours after the passing of the calamity,
conflagration or mutiny had been announced.
159 – OTHER CASES OF EVASION OF SERVICE OF
SENTENCE (1)Offender was a convict; (2) He was
granted a conditional pardon by the Chief Executive;
(3) He violated any of the conditions of such pardon. 

160 – QUASI-RECIDIVISM E: (1) Offender was already
convicted by final judgment of one offense; 
 (2) He
committed a new felony before beginning to serve such
sentence or while serving the same. 

CRIMES AGAINST PUBLIC INTEREST
161: Counterfeiting the Great Seal of the
Government of the Philippine Islands, Forging the
Signature or Stamp of the Chief Executive

 (FORGER)
(1) Great Seal of the Government of the Philippines;
(2) Signature of the President; (3) Stamp of the
President. 

162: Using Forged Signature or Counterfeit Seal or
Stamp (Seal was Counterfeited or Stamp of CE;
163: Making and Importing and Uttering False Coins
(1) There be false or counterfeited coins; (2) Offender
either made, imported or uttered such coins; (3) In case
of uttering such false or counterfeited coins, he connived
with the counterfeiters or importers. 

164: Mutilation of Coins 
 (1) Mutilating coins of the
legal currency, with the further requirement that there be
intent to damage or to defraud another; (2) Importing or
uttering such mutilated coins, with the further
requirement that there must be connivance with the
mutilator or importer in case of uttering.
PD 247 Prohibiting and Penalizing Defacement,
Mutilation, Tearing, Burning or Destruction of Central
Bank Notes and Coins
165: Selling of False or Mutilated Coin, Without
Connivance 

1: Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same, knowing
that it is false or mutilated;
2: Actually uttering such false or mutilated coin, knowing
the same to be false or mutilated.

166: Forging Treasury or Bank Notes or Other
Documents Payable to Bearer; Importing and
Uttering Such False or Forged Notes and
Documents 
 Legislature or any provincial board or municipal council;
(1) Forging or falsification of treasury or bank notes or
other documents payable to bearer;
(2) Importation of such false or forged obligations or
notes;
(3) Uttering of such false or forged obligations or notes
in connivance with the forgers or importers.
167: Counterfeiting, Importing, and Uttering
Instruments Not Payable to Bearer 
 (2) He Takes advantage of his official position;
E: (a) There is an instrument payable to order or other
document of credit not payable to bearer; (b) Offender
either forged, imported or uttered such instrument; (c) In
case of uttering, he connived with the forger or importer.


ACTS OF FORGERY
168 – ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
E: (1) Any treasury or bank note or certificate or other
obligation and security:
(a) Payable to bearer, or any instrument payable to
order or other document of credit not payable to bearer
is 
 (b) Forged or falsified by another person; 
 copy a statement contrary to, or different from, that of
(2) Offender knows that any of instruments is forged or
falsified;
(3) He either– (a) Uses any of such forged or falsified
instruments; or (b) Possesses with intent to use any of
such forged or falsified instruments 
 172 – FALSIFICATION BY PRIVATE INDIVIDUAL
169 – HOW FORGERY IS COMMITTED
(a) By giving to a treasury or bank note or any
instrument payable to bearer or to order mentioned
therein, the appearance of a true and genuine
document; 
 (3) The falsification was committed in a public, official,
(b) By erasing, substituting, counterfeiting, or altering by
any means the figures, letters, words, or sign contained
therein. 
 (1) Offender committed any of the acts of Falsification
“Forging” – By giving any treasury or bank note, or any
instrument payable to bearer, or to order the
appearance of a true and genuine document.
“Falsification” – By erasing, substituting, counterfeiting
or altering by any means, the figures, letters, words, or
signs contained therein; any acts in 171
170 – FALSIFICATION OF LEGISLATIVE
DOCUMENTS
E: (1) There is a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
(2) Offender alters the same; (3) He has no proper
authority therefor; (4) The alteration has changed the
meaning of the documents.
171 – FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR ECCLESIASTICAL
MINISTER
(1) Offender is a Public officer, employee, or notary
public; 



(3) He falsifies a document by committing any of the
following acts: 
 (a) Counterfeiting or imitating any
handwriting, signature or rubric; (b) Causing it to appear
that persons have participated in any act or proceeding
when they did not in fact so participate; (c) Attributing to
persons who have participated in an act or proceeding
statements other than those in fact made by them;
(d) Making untruthful statements in a narration of facts;
(e) Altering true dates; (f) Making any alteration or
intercalation in a genuine document which changes its
meaning;
(g) Issuing in an authenticated form: 1) A document
purporting to be a copy of an original document; 2)
When no such original exists, or 
 3) Including in such a
the genuine original;
(h) Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official book.
AND USE OF FALSIFIED DOCUMENTS
1: Falsification of public, official or commercial document
by a private individual;
(1) Offender is a Private individual OR Public officer or
employee who did not take advantage of his official
position; (2) He committed any act of Fals (Art. 171);
or commercial document or letter of exchange. 

2: Falsification of private document by any person;
except Article 171(7), that is:
(a) Issuing in an authenticated form a document
purporting to be a copy of an original document when no
such original exists, or
(b) Including in such a copy a statement contrary to, or
different from, that of the genuine original;
(2) Falsification was committed in any Private document;
(3) Falsification causes Damage to a third party or at
least the falsification was committed with intent to cause
such damage.
3: Use of falsified document.

Elements in introducing in a judicial proceeding (1)
Offender Knew that the document was falsified by
another person;
(2) TheFalsedocumentisinArticles171or172(1 or 2);
(3) He Introduced said document in evidence in any
judicial proceeding.
Elements in use in any other transaction –
(1) Offender Knew that a document was falsified by
another person; 
 (2) The False document is embraced
in Articles 171 or 172 (1 or 2); 
 (3) He Used such
document; (4) The use caused Damage to another or at
least used with intent to cause damage. 
 implements for counterfeiting or falsification made in or
173 – FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES, AND
USE OF SAID FALSIFIED MESSAGES
1: Uttering fictitious wireless, telegraph or telephone
message;
E: (a) Offender is an officer or employee of the
government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message;

 (b) He utters fictitious wireless, cable, telegraph or
telephone message. 

2: Falsifying wireless, telegraph or telephone message;
(a) Same (b) He falsifies wireless, cable, telegraph or
telephone message.
3: Using such falsified message.
(a) Offender
 knew that wireless, cable, telegraph, or
telephone message (1) Was falsified by an officer or
employee of the government or an officer or employee
of a private corporation engaged in the service of
sending or receiving wireless, cable or telephone
message;
(b) He used such falsified dispatch;
(c) The use resulted in the prejudice of a third party or at
least there was intent to cause such prejudice.
174 – FALSE MEDICAL CERTIFICATES, FALSE
CERTIFCATES OF MERITS OF SERVICE, ETC.
Persons liable: (1) Physician or surgeon who, in
connection with the practice of his profession, issues a
false certificate (it must refer to the illness or injury of a
person); 

(2) Public officer who issues a false certificate of merit
of service, good conduct or similar circumstances; 
 180 – FALSE TESTIMONY AGAINST A DEFENDANT
(3) Private person who falsifies a certificate falling within
the classes mentioned in the two preceding
subdivisions. 

175 – USING FALSE CERTIFICATES (1) same with
174 (2) Offender knows that the certificate was false; (3)
He uses the same.
176 – MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION
Acts punished: (1) Making or introducing into the
Philippines any stamps, dies, marks, or other
instruments or implements for counterfeiting or
falsification; 

(2) Possession with intent to use the instruments or
introduced into the Philippines by another person. 

177 – USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS
1: Usurpation of authority. (no connection with the office
represented) E: (1) Offender knowingly and falsely
Represents himself; (2) As an Officer, agent or
representative of any department or agency of the
Philippine government or of any foreign government. 

2: Usurpation of official functions. (excess of authority)
(1) Offender performs any act; 
 (2) Pertaining to any
person in authority or public officer of the Philippine
government or any foreign government, or any agency
thereof; 
 (3) Under pretense of official position;

 (4) Without being lawfully entitled to do so 

178 – USING FICTITIOUS AND CONCEALING TRUE
NAME
1: Using fictitious name (1) Offender uses a name other
than his real name; (2) He uses the fictitious name
publicly; (3) Purpose of use is to conceal a crime, to
evade the execution of a judgment or to cause damage
[to public interest
2: Concealing true name (1) Offender conceals his true
name and other personal circumstances; (2) Purpose is
only to conceal his identity. 

179 – ILLEGAL USE OF UNIFORMS AND INSIGNIA
(1) Offender makes use of insignia, uniforms or dress;
(2) such pertains to an office not held by such person or
a class of persons of which he is not a member; 
 (3)
items are used publicly and improperly.
(1) There is a criminal proceeding; (2) Offender testifies
falsely under oath against the defendant therein;
(3) Offender who gives false testimony Knows that it is
false. (4) Defendant against whom the false testimony
is given is either acquitted or convicted in a final
judgment. 
 combining, conspiring or agreeing with any person to
181 – FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT E: (1) A person gives false testimony;
(2) In favor of the defendant; (3) Inacriminalcase. 
 FALSELY MARKED ARTICLES OR MERCHANDISE
182 – FALSE TESTIMONY IN CIVIL CASES E:
(1) Testimony given in a civil case; (2) Testimony
relates to the issues presented in said case;

 (3) Testimony is false; (4) Offender knows that
testimony is false; (5) T. is malicious 
 (6) And given
with an intent to affect the issues presented in said
case.
183 – FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION Acts Punished
(1) By falsely Testifying under oath; (2) By Making a
false affidavit. 
 articles of value or representative of value are at stake
E: (1) Offender Makes a statement under oath or
executes an affidavit upon a material matter; (2) The
statement or affidavit is made Before a competent
officer, authorized to receive and administer oaths;

 (3) Offender makes a Willful and deliberate assertion
of a falsehood in the statement or affidavit; 
 (4) The
sworn statement or affidavit containing the falsity is
Required by law, that is, it is made for a legal purpose.


Oath – any form of attestation by which a person
signifies that he is bound by conscience to perform an
act faithfully and truthfully. Affidavit – sworn statement
in writing;
184 – OFFERING FALSE TESTIMONY IN EVIDENCE
E: (1) Offender fffers in evidence a false witness or
testimony; 
 (2) He knows that the witness or the
testimony was false; 
 (3) The offer is made in any
judicial or official proceeding. 
 scheme, whether upon chance or skill, wherein wagers
185 – MACHINATIONS IN PUBLIC AUCTIONS
1: Soliciting any gift or promise as a
 consideration for
refraining from taking part in
 any public auction;
2: Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice.
186 – MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE
1: Combination to prevent free competition in the market
2: Monopoly to restrain free competition in the market 3:
Manufacturer, producer, or processor or importer
make transactions prejudicial to lawful commerce or to
increase the market price of merchandise
187 – IMPORTATION AND DISPOSITION OF
MADE OF GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS - imports; stamps,
brands, or marks of those articles of merchandise fail to
indicate the actual fineness or quality of said metals or
alloys; knows 



CRIMES AGAINST PUBLIC MORALS
Gambling – any game or scheme, whether upon
chance or skill, wherein wagers consisting of money,
or made.
PD 1602 – AP:
(1) Any person who, in any manner, shall directly or
indirectly take part in any illegal or unauthorized
activities or games of— (a) Cockfighting, jueteng, jai alai
or horse racing to include bookie operations and game
fixing, numbers, bingo and other forms of lotteries;
(b) Cara y cruz, pompiang and the like;
(c) 7-11 and any game using dice;
(d) Black jack, lucky nine, poker and its derivatives,
monte, baccarat, cuajo, pangguigue and other card
games;
(e) Paik que, high and low, mahjong, domino and other
games using plastic tiles and the like;
(f) Slot machines, roulette, pinball and other mechanical
contraptions and devices;
(g) Dog racing, boat racing, car racing and other forms
of races;
(h) Basketball, boxing, volleyball, bowling, pingpong and
other forms of individual or team contests to include
game fixing, point shaving and other machinations;
(i) Banking or percentage game, or any other game
consisting of money, articles of value or representative
of value are at stake or made;
(2) Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to
be carried on in an inhabited place or in any building,
vessel or other means of transportation owned or
controlled by him.
(3) Any person who shall knowingly permit any form of
gambling to be carried on in a place which has a
reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is
a public or government building or barangay hall;
(4) The maintainer or conductor of the above gambling
schemes. (a) Maintainer: a person who sets up and
furnishes the means with which to carry on the gambling
game or scheme. 
 b) Conductor: a person who
manages or carries on the gambling game or scheme.


(5) A government official who is a maintainer, conductor
or banker of said gambling schemes, or the player,
promoter, referee, umpire, judge or coach in case of
game fixing, point shaving and machination. 
 virtue hereof, shall include those which: 
 (1) glorify
(6) Any person who shall, knowingly and without lawful
purpose in any hour of any day, possess any lottery list,
paper or other matter containing letters, figures, signs or
symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have
taken place or about to take place. 
 established policies, lawful orders, decrees and edicts;
(7) Any barangay official who, with knowledge of the
existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection
therewith. 
 offensive to morals.
(8) Any security officer, security guard, watchman,
private or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation of a
gambling place or where gambling activities are being
held. 
 CRIMES COMMITTED BY PUBLIC OFFICERS
ART 198 ILLEGAL BETTING ON HORSE RACES
Allowed: 1) Sundays; 24 Saturdays; Legal holidays Ex:
Independence Day; Rizal Day; Reg. or voting day; Holy
Thursday; Good Friday
Not Allo: 1) july 4th; Dec 30; Reg. or Voting day; Holy T
or Good F.
ART 199: ILLEGAL COCKFIGHTING
Allowed: 1) Sundays; Legal holidays Ex: Independence
Day; Rizal Day; Reg. or voting day; Holy Thursday;
National Heroes Day; Good Friday; Election or
Referendum Day;/ 2) During Local Fiestas for not more
than 3 days; 4) fair, carnival or exposition 3days
200 – GRAVE SCANDAL (1) Offender performs an act
or acts; (2) Such act or acts be highly scandalous as
offending against decency or good customs; (3) The
highly scandalous conduct is not expressly falling within
any other article of this Code; and (4) The act or acts
complained of be committed in a public place or within
the public knowledge or view. 
 case submitted to him for decision; (3) Judgment is
201 – IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS AND INDECENT
SHOWS
(a) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals; 

(b) The authors of obscene literature, published with
their knowledge in any form, the editors publishing such
literature; the owners/operators of the establishment
selling the same; 

(c) Those who, in theaters fairs cinematographs, or any
other place, exhibit indecent or immoral plays, scenes,
acts, or shows, it being understood that the obscene
literature or indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are proscribed by
criminals or condone crimes; 
 (2) serve no other
purpose but to satisfy the market for violence, lust or
pornography; 
 (3) offend any race, or religion; (4) tend
to abet traffic in and use of prohibited drugs; and (5) are
contrary to law, public order, morals, good customs,


(d) Those who shall sell, give away or exhibit films,
prints, engravings, sculpture or literature which are
202 – PROSTITUTION (1) The offender is a woman;
(2) She habitually indulges in sexual intercourse or
lascivious conduct; 
 (3 for money or profit 

203 – WHO ARE PUBLIC OFFICERS (1) Taking part in
the performance of public functions in the government;

 (2) Performing in said government or in any of its
branches public duties as an employee, agent or
subordinate official, of any rank or class; (3) His
authority must be – (a) By direct provision of the law;
(b) By popular election; or 
 (c) By appointment by
competent authority 

MALFEASANCE performance of an act which ought not
to be done
MISFEASANCE Improper performance of some act
which might lawfully be done
NONFEASANCE Omission of some act which ought to
be performed
204 – KNOWINGLY RENDERING UNJUST
JUDGMENT
(1) Offender is a judge; (2) He renders a judgment in a
unjust; (4) The judge knows that his judgment is unjust.


Judgment – the final consideration and determination of
a court of competent jurisdiction upon matters submitted
to it, in an action or proceeding.
 (a) Agreeing to perform, or performing, in consideration
205 – JUDGMENT RENDERED THROUGH of any offer, promise, gift or present; an act constituting
NEGLIGENCE (1) Offender is a judge; (2) He renders a crime, in connection with the performance of his
a judgment in a case submitted to him for decision; official duties; 

(3) The judgment is manifestly unjust; (4) It is due to
(b) Accepting a gift in consideration of the execution of
his inexcusable negligence or ignorance. 
 an act which does not constitute a crime, in connection
with the performance of his official duty; 

206 – UNJUST INTERLOCUTORY ORDER
(c) Agreeing to refrain, or by refraining, from doing
(1) Offender is a judge; (2) He performs any of the
something which is his official duty to do, in
following acts: (a) Knowingly rendering an unjust
interlocutory order or decree; or (b) Rendering a consideration of gift or promise. 

manifestly unjust interlocutory order or decree through Elements: (1) Offender is a public officer within the
inexcusable negligence or ignorance. 
 scope of Article 203; (2) Offender accepts an offer or a
promise or receives a gift or present by himself or
through another; (3) Such offer or promise be accepted,
207 – MALICIOUS DELAY IN THE ADMINISTRATION
OF JUSTICE (1) Offender is a judge; (2) There is a or gift or present received by the public officer – 
 (a)
proceeding in his court; (3) He delays in the With a view to committing some crime; or (b) In
administration of justice; (4) The delay is malicious, that consideration of the execution of an act which does not
is, with deliberate intent to inflict damage on either party constitute a crime, but the act must be unjust; or (c) To
in the case. 
 refrain from doing something which it is his official duty
208 – PROSECUTION OF OFFENSES; NEGLIGENCE to do. 

AND TOLERANCE (4) The act which offender agrees to perform or which
Modes: (a) Maliciously refraining from instituting he executes be connected with the performance of his
prosecution against violators of the law; 
 official duties.

(b) Maliciously tolerating the commission of offenses. 
 211 – INDIRECT BRIBERY E: (1) Offender is a public
(1) Offender is a public officer or officer of the law who officer; (2) He accepts gifts; (3) The gifts are offered to
has a duty to cause the prosecution of, or to prosecute, him by reason of his office. 

offenses; 

(2) There is a dereliction of the duties of his office, that 211-A – QUALIFIED BRIBERY
is, knowing the commission of the crime, he does not (1) Offender is a public officer entrusted with law
cause the prosecution of the criminal, or knowing that a enforcement;
crime is about to be committed, he tolerates its (2) He refrains from arresting or prosecuting an offender
commission; 
 who has committed a crime punishable by reclusion
perpetua and/or death;
(3) Offender acts with malice and deliberate intent to
(3) Offender refrains from arresting or prosecuting in
favor the violator of the law. 
 consideration of any offer, promise, gift, or present.

209 – BETRAYAL OF TRUST BY AN ATTORNEY OR 212 – CORRUPTION OF PUBLIC

A SOLICITOR – REVELATION OF SECRETS OFFICIALS (1) Offender makes offers or promises or
(1) Causing damage to his client, either— gives 
 gifts or presents to a public officer; 
 (2) The
(a) By any malicious breach of professional duty; (b) By
offers or promises are made or the gifts or presents
inexcusable negligence or ignorance.
given to a public officer, under circumstances that will
(2) Revealing any of the secrets of his client learned by
make the public officer liable for direct bribery or indirect
him in his professional capacity (damage is not
bribery. 

necessary); 

(3) Undertaking the defense of the opposing party in the
same case, without the consent of his first client,
Anti-Graft and Corrupt Practices Act Corrupt
(a) after having undertaken the defense of said first
Practices of Public Officers
client, or (b) after having received confidential
information from said client. 
 Sec. 3(a) Persuading, inducing or influencing another
public officer to perform an act constituting a violation of
210 – DIRECT BRIBERY rules and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or
offense.
Sec. 3(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any
contract or transaction between the Government and
any other party, wherein the public officer in his official
capacity has to intervene under the law.
Sec. 3(c) Directly or indirectly requesting or receiving
any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the
public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or
to be given.
Sec. 3(d) Accepting or having any member of his family
accept employment in a private enterprise which has
pending official business with him during the pendency
thereof or within one year after its termination.
Sec. 3(e) Causing any undue injury to any party,
including the Government, or giving any private party
any unwarranted benefits, advantage or preference in
the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or
gross inexcusable negligence.
- The accused is a public officer discharging
administrative, judicial or official functions
Sec. 3(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act within a
reasonable time on any matter pending before him for
the purpose of obtaining, directly or indirectly, from any
person interested in the matter some pecuniary or
material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested
party.
Sec. 3(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
Sec. 3(h) Directly or indirectly having financial or
pecuniary interest in any business, contract or
transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is
prohibited by the Constitution or by any law from having
any interest.
Sec. 3(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a board,
panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes
against the same or does not participate in the action of
the board, committee, panel or group.
Sec. 3(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified
or entitled.
Sec. 3(k) Divulging valuable information of a confidential
character, acquired by his office or by him on account of
his official position to unauthorized persons, or releasing
such information in advance of its authorized release
date.
REPUBLIC ACT NO. 7080 An Act Defining and
Penalizing the Crime of Plunder (Anti-Plunder Act)
Ill-gotten wealth – any asset, property, business
enterprise or material possession of any person within
the purview of Section 2 (Plunder), 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 undertaking;
(5) By establishing agricultural, industrial or commercial
monopolies or 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 Elements (1) Offender is a public officer; (2) He had
the custody or control of funds or property by reason of
213 – FRAUD AGAINST THE PUBLIC TREASURY the duties of his office; (3) Those funds or property were
AND SIMILAR OFFENSES – Modes: (a) Entering into public funds or property for which he was accountable;
an agreement with any interested party or speculator or (4) He appropriated, took, misappropriated or
making use of any other scheme, to defraud the consented or, through abandonment or negligence,
government, in dealing with any person with regard to permitted another person to take them. 

furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property or funds;
218 – FAILURE OF ACCOUNTABLE OFFICER TO
(b) ILLEGAL EXACTION: Demanding, directly or
RENDER ACCOUNTS
indirectly, the payment of sums different from or larger
219 – FAILURE OF A RESPONSIBLE PUBLIC
than those authorized by law, in collection of taxes,
OFFICER TO RENDER ACCOUNTS BEFORE
licenses, fees, and other imposts;
LEAVING THE COUNTRY
(c) Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially, in
220 – ILLEGAL USE OF PUBLIC FUNDS OR
the collection of taxes, licenses, fees and other imposts;
PROPERTY
(d) Collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature E (1) Offender is a public officer; 
 (2) There are public
different from that provided by law, in the collection of funds or property under his administration; (3) Such
taxes, licenses, fees and other imposts. fund or property were appropriated by law or ordinance;
214 – OTHER FRAUDS E (1) Offender is a public (4) He applies such public fund or property to any public
officer; (2) He takes advantage of his official position; (3) use other than for which it was appropriated for. 

He commits any of the frauds or deceits enumerated in
Article 315 to 318
221 - FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY
215 – PROHIBITED TRANSACTIONS
E: (1) Offender is an appointive public officer; (2) He
228 OPENING OF CLOSED DOCUMENTS
becomes interested, directly or indirectly, in any
(1) Offender is a public officer; (2) Any closed papers,
transaction of exchange or speculation; (3) The
documents, or objects are entrusted to his custody;
transaction takes place within the territory subject to his
(3) He opens or permits to be opened said closed
jurisdiction; (4) He becomes interested in the transaction
papers, documents or objects; (4) He does not have
during his incumbency.
proper authority. 

216 - POSSESSION OF PROHIBITED INTEREST BY
A PUBLIC OFFICER 229 – REVELATION OF SECRETS BY AN OFFICER
Persons liable: (1) Public officer who, directly or 1: Revealing any secrets known to the offending public
indirectly, became interested in any contract or business officer by reason of his official capacity;
in which it was his official duty to intervene; 2: Wrongfully delivering papers or copies of papers of

 (2) Experts, arbitrators, and private accountants who, which he may have charge and which should not be
published.
in like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted;
CRIMES AGAINST PERSONS
(3) Guardians and executors with respect to the
246 – PARRICIDE (1) Person is killed; (2) Deceased is
property belonging to their wards or the estate. 
 killed by the accused; (3) Deceased is the accused's
(a) legitimate/illegitimate father 

217 – MALVERSATION OF PUBLIC FUNDS OR
(b) legitimate/illegitimate mother
PROPERTY - PRESUMPTION OF MALVERSATION
(c) legitimate/illegitimate child (should not be less than 3
days old, otherwise crime is infanticide) (d) other
Modes: (a) Appropriating public funds or property; (b)
legitimate ascendant (e) other legitimate descendant
Taking or misappropriating the same; (c) Consenting, or
through abandonment or negligence, permitting any (f) legitimate spouse 

other person to take such public funds or property; and
(d) Being otherwise guilty of the misappropriation or 247 – DEATH OR PHYSICAL INJURIES UNDER
malversation of such funds or property. EXCEPTIONAL CIRCUMSTANCES (3) He has not
promoted or facilitated the prostitution of his wife or another person. (b) Offender has no intention to kill that
daughter, or that he or she has not consented to the person. 

infidelity of the other spouse. 

255 – INFANTICIDE (1) A child was killed by the
248 – MURDER accused; (2) The deceased child was less than 3 days
E: 1) Per. Was killed; 2) accused killed him; 3) attended old (72 hours).
by any of the following c.; 4) not parricide or infanticide
C: (a) with treachery, taking advantage of superior 256 - INTENTIONAL ABORTION (a) There is a
strength, with the aid of armed men, or employing pregnant woman; 
 (b) Violence is exerted, or drugs or
means to weaken the defense, or of means or persons
beverages administered, or that the accused otherwise
to insure or afford impunity; b) in consideration of a
price, reward or promise; (c) by means of inundation, acts upon such pregnant woman; 
 (c) As a result of
fire, poison, explosion, shipwreck, stranding of a vessel, the use of violence or drugs or beverages upon her, or
derailment or assault upon a railroad, fall of an airship, any other act of the accused, the fetus dies, either in the
by means of motor vehicles, or with the use of any other womb or after having been expelled therefrom;
means involving great waste and ruin; 
 (d) The abortion is intended. 

(d) on occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake, eruption
257 - UNINTENTIONAL ABORTION (b) Violence is
of a volcano, destructive cyclone, epidemic, or any other
used upon such pregnant woman without intending an
public calamity; (e) with evident premeditation; (f) with
abortion; c) The violence is intentionally exerted;
cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his 
 (d) Result of violence – fetus dies, either in the womb
person or corpse. 
 or expelled therefrom 

249 – HOMICIDE
258 - ABORTION PRACTICED BY THE WOMAN
251 - DEATH CAUSED IN TUMULTUOUS AFFRAY HERSELF OR BY PARENTS
(1) There are several persons; 
 (2) They do not There is a pregnant woman who has suffered an
compose groups organized for the common purpose of abortion; Abortion is intended;
 • Abortion is caused by
assaulting and attacking each other reciprocally; – (1) The pregnant woman herself; 
 (2) Any other
(3) These several persons quarreled and assaulted one
person, with her consent; o (3) Any of her parents ,with
another in a confused and tumultuous manner;
her consent for the purpose of concealing her
(4) Someone was killed in the course of the affray;
(5) It cannot be ascertained who actually killed the dishonour. 

deceased; 
 (6) The person or persons who inflicted
259 - ABORTION BY A PHYSICIAN OR MIDWIFE
serious physical injuries or who used violence can be
AND DISPENSING OF ABORTIVES (a) There is a
identified. 
 pregnant woman who has suffered an abortion; (b) The
Persons L: (a) The person or persons who inflicted the abortion is intended; 
 (c) Offender, who must be a
serious physical injuries (b) If it is not known who
physician or midwife, caused or assisted in causing the
inflicted the serious physical injuries on the deceased,
all persons who used violence upon the person of the abortion; 
 (d) Said physician or midwife took
victim are liable. advantage of his or her scientific knowledge or skill. 

260 - RESPONSIBILITY OF PARTICIPANTS IN A
252 - PHYSICAL INJURIES CAUSED IN
DUEL
TUMULTUOUS AFFRAY (1) There is a tumultuous
Modes: (a) Killing one’s adversary in aduel;
affray; (2) A participant or some participants thereof
(b) Inflicting upon such adversary physical injuries;
suffered serious physical injuries or physical injuries of a
(c) Making a combat although no physical injuries have
less serious nature only; (3) The person responsible
thereof cannot be identified; (4) All those who appear to been inflicted. 

have used violence upon the person of the offended
party are known. 
 261 - CHALLENGING TO A DUEL (1) Challenging
another to a duel; (2) Inciting another to give or accept a
challenge to a duel; (3) Scoffing at or decrying another
254 - DISCHARGE OF FIREARMS
publicly for having refused to accept a challenge to fight
E:(a) Offender discharges a firearm against or at
a duel.
262 – MUTILATION
1: Intentionally mutilating another by depriving him,
either totally or partially, of some essential organ for
reproduction;
2: Intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body 
 woman is deprived of reason or is otherwise
263 - SERIOUS PHYSICAL INJURIES
(1) becomes insane, imbecilic, impotent or blind
(2) (a) loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an arm, or a leg,
or (b) loses the use of any such member; or (c)
becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of the
physical injuries inflicted;
(3) (a)becomes deformed; or
 (b) loses any other
member of his body; or (c) loses the use thereof; or (d)
becomes ill or incapacitated for the performance of the
work in which he was habitually engaged for more than
90 days;
(4) becomes ill or incapacitated for labor for more than
30 days (but must not be more than 90 days).
DEFORMITY:
 (1) physical ugliness,
 (2) permanent
and definite abnormality, and (3) it must be conspicuous
and visible.
 All these elements must concur.
264 - ADMINISTERING INJURIOUS SUBSTANCES
OR BEVERAGES
E: (1) Offender inflicted upon another any serious
physical injury; 
 (2) It was done by knowingly
administering to him any injurious substance or
beverages or by taking advantage of his weakness of
mind or credulity; (3) He had no intent to kill. 
 deprives the latter of his liberty; (c) The act of detention
265 - LESS SERIOUS PHYSICAL INJURIES E:
(1) 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; (2) The
physical injuries must not be those described in the
preceding articles. 
 or detained or threats to kill him are made; or (4) The
266 - SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
M: (1) Physical injuries incapacitated the offended party
for labor from 1-9 days, OR required medical attendance
during the same period; 
 (2) Physical injuries which
did not prevent the offended party from engaging in his
habitual work or which did not require medical
attendance; 
 (3) Ill-treatment of another by deed
without causing any injury. 

266-A - RAPE
1) Rape through sexual intercourse (1) Offender is a
man; (2) Offender had carnal knowledge of a woman;

 (3) Such act is accomplished under any of the
following circumstances:
a) By using force, threat or intimidation; b) When the
unconscious; c) By means of fraudulent machination or
grave abuse of authority; 4) When the woman is under
12 years of age (Statutory Rape) or is demented. 

2) Rape Through Sexual Assault
(a) Offender commits an act of sexual assault;
(b) The act of sexual assault is committed by any of the
following means: (1) By inserting his penis into another
person's mouth or anal orifice; or 
 (2) By inserting any
instrument or object into the genital or anal orifice of
another person; (c) The act of sexual assault is
accomplished under any of the following circumstances:
(1) By using force or intimidation; or 

(2) When the woman is deprived of reason or otherwise
unconscious; or 

(3) By means of fraudulent machination or grave abuse
of authority; or 

(4) When the woman is under 12 years of age or
demented. 

CRIMES AGAINST PERSONAL LIBERTY AND
SECURIT
267 - KIDNAPPING AND SERIOUS ILLEGAL
DETENTION (a) Offender is a private individual; (b) He
kidnaps or detains another, or in any other manner
or kidnapping must be illegal; (d) In the commission of
the offense, any of the following circumstances is
present:
(1) The kidnapping lasts for more than 3 days; 
 (2) It
is committed simulating public authority; (3) Any serious
physical injuries are inflicted upon the person kidnapped
person kidnapped or detained is a minor, female, or a
public officer. 

Qualifying Circumstances (1) Purpose is to extort
ransom. (2) When the victim is killed or dies as a
consequence of the detention. (3) When the victim is
raped. (4) When victim is subjected to torture or
dehumanizing acts. 
 (SCC w/ murder – dies as a
consequence of detention)
268 - SLIGHT ILLEGAL DETENTION (a) Offender is a
private individual;
(b) He kidnaps or detains another, or in any other
manner deprives him of his liberty.
(c) The act of kidnapping or detention is illegal;
(d) The crime is committed without the attendance of
any of the circumstances enumerated in Article 267.
269 - UNLAWFUL ARREST (a) Offender arrests or
detains another person; 
 (b) The purpose of the
offender is to deliver him to the proper authorities;

 (c) The arrest or detention is not authorized by law or
there is no reasonable ground therefor. 
 age; (c) He abandons such child;
270 - KIDNAPPING AND FAILURE TO RETURN A
MINOR (a) Offender is entrusted with the custody of a
minor person (whether over or under seven years but
less than 18 years of age)
(b) He deliberately fails to restore the said minor to his
parents or guardians
271 - INDUCING A MINOR TO ABANDON HIS HOME
(a) A minor (whether over or under seven years of age)
is living in the home of his parents or guardians or the
person entrusted with his custody; (b) Offender induces
said minor to abandon such home. 

272 - SLAVERY (a) Offender purchases, sells, kidnaps
or detains a human being;
(b) The purpose of the offender is to enslave such
human being.
273 - EXPLOITATION OF CHILD LABOR (a) Offender
retains a minor in his services; 
 (b) It is against the will
of the minor; 
 (c) 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. 
 child under 16 to be employed like in Mode 2
274 - SERVICES RENDERED UNDER COMPULSION
IN PAYMENT OF DEBT (a) Offender compels a debtor
to work for him, either as a household servant or farm
laborer; (b) It is against the debtor’s will; (c) The
purpose is to require or enforce the payment of a debt.


275 - ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF OWN VICTIM
1: W/O detriment to self - Failing to render assistance
to any person whom the offender finds in an uninhabited
place, wounded or in danger of dying when he can
render such assistance without detriment to himself,
unless such omission shall constitute a more serious
offense.
2: Accidentally wound another - Failing to help or
render assistance to another whom the offender has
accidentally wounded or injured;
3: Abandoning a child < 7 - By failing to deliver a child,
under seven years of age, whom the offender has found
abandoned, to the authorities or to his family, or by
failing to deliver him to a safe place.
276 - ABANDONING A MINOR (a) Offender has the
custody of a child; (b) The child is under seven years of
(d) He has no intent to kill the child when the latter is
abandoned.
277 - ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH CUSTODY; INDIFFERENCE OF
PARENTS
1: W/O consent of guardian - Delivering a minor to a
public institution or other persons without the 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;
2: Neglecting education - Neglecting his (offender’s)
children by not giving them the education which their
station in life requires and financial condition permits.
278 - EXPLOITATION OF MINORS
1: Physical strength/contortion - Causing any boy or girl
under 16 years of age to perform any dangerous feat of
balancing, physical strength or contortion, the offender
being any person;
2: Exhibition/acrobat/circus - Employing children under
16 years of age who are not the children or descendants
of the offender in exhibitions of acrobat, gymnast, rope-
walker, diver, or wild-animal tamer, the offender being
an acrobat, etc., or circus manager or engaged in a
similar calling;
3: Descendant employed like in Mode 2 4:Delivering


5: inducing child under 16 to abandon home to be
employed like in Mode 2

280 - QUALIFIED TRESPASS TO DWELLING (a)
Offender is a private person;
 (b) He enters the dwelling
of another;
 (c) Such entrance is against the latter’s will.
QC: committed by means of violence or intimidation.
281 - OTHER FORMS OF TRESPASS
E: (a) Offender enters the closed premises or the
fenced estate of another; 
 (b) The entrance is made
while either of them is uninhabited; (c) The prohibition
to enter is manifest; (d) The trespasser has not secured
the permission of the owner or the caretaker thereof. 
 creditor; 
 (b) He seizes anything belonging to his
282 - GRAVE THREATS
MODE 1: Threatening, even not unlawful - Threatening
another with the infliction upon his person, honor or
property or that of this family of any wrong amounting to
a crime and demanding money or imposing any other
condition, even though not unlawful, and the offender
attained his purpose;
MODE 2: Threat w/o attaining purpose - Making such
threat without the offender attaining his purpose;
MODE 3: Threat = Crime - 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.
QC: (1) in writing OR
 (2) through a middleman.
283 - LIGHT THREATS
E: (a) Offender makes a threat to commit a wrong;

 (b) The wrong does not constitute a crime; (c) There
is a demand for money or that other condition is
imposed, even though not unlawful; (d) Offender has
attained his purpose or, that he has not attained his
purpose. 
 is to discover the secrets of such another person;
284 - BOND FOR GOOD BEHAVIOR (1) When he
threatens another under the circumstances mentioned in
Art. 282 (Grave Threats). (2) When he threatens
another under the circumstances mentioned in Art. 283
(Light Threats). 
 E: a) Offender is a manager, employee or servant; (b)
285 – OTHER LIGHT THREATS
1: Threat w/weapon in a quarrel - Threatening another
with a weapon, or by drawing such weapon in a quarrel,
unless it be in lawful self-defense;
2: Oral threat = crime, in anger - Orally threatening
another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea
involved in his threat;
3: Oral threat = not felony - Orally threatening to do
another any harm not constituting a felony.
286 - GRAVE COERCIONS
1: Preventing w/violence, something not prohibited by
law
 Preventing another, by means of violence, threats
or intimidation, from doing something not prohibited by
law;
2: compelling another to do something vs. will
 -
Compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it
be right or wrong.
287 - LIGHT COERCIONS E: (a) Offender must be a
debtor: 
 (c) The seizure of the thing be accomplished
by means of violence or a display of material force
producing intimidation; (d) The purpose of the offender
is to apply the same to the payment of the debt.
288 - OTHER SIMILAR COERCIONS
1: Force/compel to buy commodities from him -

 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;
2: Wages paid by token or object - 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.
290 - DISCOVERING SECRETS THROUGH SEIZURE
OF CORRESPONDENCE
E: (a) Offender is a private individual or even a public
officer not in the exercise of his official function; (b) He
seizes the papers or letters of another; (c) The purpose
(d) Offender is informed of the contents of the papers or
letters seized. 

291 - REVEALING SECRETS WITH ABUSE OF
OFFICE
He learns the secrets of his principal or master in such
capacity; (c) He reveals such secrets.
293 - WHO ARE GUILTY OF ROBBERY 1) That there
is personal property belonging to another; 
 2) That
there is unlawful taking of that property; 
 3) That the
taking is with intent to gain; and 4) That there is
violence against or intimidation of persons or force upon
things. 

294 – ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Robbery with Homicide; Robbery with Rape, Robbery
with Intentional Mutilation, Robbery with Arson; w/ SPI
par. 2 & 3
295 - ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE AND BY A
BAND (1) In an Uninhabited place, or 
 (2) By a Band,
or (3) By Attacking a moving train, street car, motor
vehicle, or airship, or (4) By Entering the passengers’
compartments in a train, or in any manner taking the
passengers thereof by surprise in the respective
conveyances, or (5) On a Street, road, highway, or
alley, AND the intimidation is made with the use of
Firearms 
 
 (2) Taking such furniture or objects away to be
296 – ROBBERY BY A BAND (1) When at least 4
armed malefactors take part in the commission of a
robbery, it is deemed committed by a band.
(2) When any of the arms used in the commission of
robbery is not licensed, penalty upon all the malefactors
shall be the maximum of the corresponding penalty
provided by law, without prejudice to the criminal liability
for illegal possession of such firearms.
(3) Any member of a band who was present at the
commission of a robbery by the band, shall be punished
as principal of any of the assaults committed by the
band, unless it be shown that he attempted to prevent
the crime.
297 - ATTEMPTED AND FRUSTRATED ROBBERY
WITH HOMICIDE
(a) There is attempted or frustrated robbery
(b) A homicide is committed on the same occasion
298 - EXECUTION OF DEEDS THROUGH VIOLENCE
OR INTIMIDATION (a) Offender has Intent to defraud
another 
 (b) Offender Compels him to sign, execute,
or deliver any public instrument or document
(c) Compulsion is by means of violence or intimidation.


299 - ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
SUBDIVISION (A):
 (a) Offender entered
(1) An inhabited house
 (2) Public building
 (3) Edifice
devoted to religious worship
(b) Entrance was effected by any of the following
means: (1) Through an opening not intended for
entrance or egress; (2) By breaking any wall, roof, or
floor, or door or window; 

(3) By using False keys, picklocks or similar tools; or

 (4) By using any Fictitious name or pretending the
exercise of public authority. 

(c) That once inside the building, the offender took
personal property belonging to another with intent to
gain.
SUBDIVISION (B) (a) Offender is inside a dwelling
house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which
he entered it. (b) Offender takes personal property
belonging to another, with intent to gain, under any of
the following circumstances:
(1) Breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle; or
broken or forced open outside the place of the robbery.


302 – ROBBERY IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
Elements: (a) 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.


(b) That any of the following circumstances was
present: 
 (1) Entrance was effected through an
opening not intended for entrance or egress; 

2) A wall, roof, floor, or outside door or window was
broken; 3) Entrance was effected through the use of
false keys, picklocks or other similar tools; 4) A door,
wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; or 5) A closed or sealed
receptacle was removed, even if the same be broken
open elsewhere. 6) With intent to gain, the offender took
therefrom personal property belonging to another.
303 - ROBBERY OF CEREALS, FRUITS OR
FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
304 - POSSESSION OF PICKLOCK OR SIMILAR
TOOLS (a) Offender has in his possession picklocks or
similar tools; 
 (b) Such picklock or similar tools are
especially adopted to the commission of robbery;

 (c) Offender does not have lawful cause for such
possession. 

305 - FALSE KEYS - Deemed to include the following:
(1) Tools mentioned in Article 304; (2) Genuine keys
stolen from the owner 

(3) Any key other than those intended by the owner for
use in the lock forcibly opened by the offender. 

306 - WHO ARE BRIGANDS Elements (a) There be at
least 4 armed persons 

(b) They formed a band of robbers 

(c) The purpose is any of the following: 

(1) To commit robbery in the highway; or
(2) To kidnap for the purpose of extortion or to obtain
ransom; or
(3) To attain by means of force and violence any other
purpose. 312 - OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
AP: (1) Taking possession of any real property
307 - AIDING AND ABETTING A BAND OF belonging to another by means of violence against or
BRIGANDS (c) Offender does any of the following acts: intimidation of persons 

(1) He in any manner aids, abets or protects such band
(2) Usurping any real rights in property belonging to
of brigands; or 
 another by means of violence against or intimidation of
(2) He gives them information of the movements of the persons. 

police or other peace officers; or 

(3) He acquires or receives the property taken by such ALTERING BOUNDARIES OR LANDMARKS
brigands. 
 Elements: (a) There are boundary marks or monuments
of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same.
308 - WHO ARE LIABLE FOR THEFT (a) Taking of 
 (b) The offender alters said boundary marks. 

personal property (b) Personal property belongs to
another (c) Taking was done with intent to gain.
(d) Taking was without the consent of the owner. DESTRUCTIVE ARSON any person who shall burn:
(e) Accomplished without the use of violence against or a) One (1) or more buildings or edifices, consequent to
intimidation of persons or force upon things. 
 one single act of burning or as a result of simultaneous
burnings, or committed on several or different
310 - QUALIFIED THEFT occasions; 

Theft is qualified if: (1) Committed by a domestic b) Any building of public or private ownership, devoted
servant 
 (2) Committed with grave abuse of to the public in general or where people usually gather
or congregate
confidence (3) The property stolen is (a) motor vehicle
c) Any train or locomotive, ship or vessel, airship or

 (b) mail matter, or (c) large cattle 
 airplane, devoted to transportation or conveyance, or for
(4) The property stolen consists of coconuts taken from public use, entertainment or leisure.
the premises of a plantation (5) The property stolen is d) Any building, factory, warehouse installation and any
fish taken from a fishpond or fishery 
 (6) The property appurtenances thereto, which are devoted to the service
of public utilities.
is taken on the occasion of fire, earthquake, typhoon,
e) Any building the burning of which is for the purpose of
volcanic eruption, or any other calamity, vehicular
concealing or destroying evidence of another violation of
accident or civil disturbance. 
 law, or for the purpose of concealing bankruptcy or
Fencing – act by any person who, with intent to gain for defrauding creditors or to collect from insurance.
himself or for another, shall buy, receive, keep, acquire,
conceal, sell, or dispose of, or shall buy and sell or in Malicious Mischief – It is the willful causing of damage
any other manner deal in any article, item, object, or to another’s property for the sake of causing damage
anything of value which he knows, or should be known because of hate, revenge or other evil motive.
to him, to have been derived from the proceeds of the E: (a) Offender deliberately caused damage to the
crime of robbery or theft. property of another. 

E: (c) The accused knows or should have known that
(b) Such act does not constitute arson or other crimes
the said article, item, object or anything of value has
been derived from the proceeds of the crime of robbery involving destruction 

or theft. 
 (c) The act of damaging another’s property was
(d) There is, on the part of the accused, intent to gain committed merely for the sake of damaging it. 

for himself or another. 

328 - SPECIAL CASES OF MALICIOUS MISCHIEF
(qualified malicious mischief) (1) Causing damage to
Motor vehicle –is any vehicle propelled by any power
other than muscular power using the public highways, obstruct the performance of public functions 
 (2) Using
any poisonous or corrosive substance (3) Spreading
311 - THEFT OF THE PROPERTY OF THE NATIONAL infection or contagion among cattle (4) Causing
LIBRARY AND NATIONAL MUSEUM damage to property of the National Museum or National
Library, or to any 
 337 - QUALIFIED SEDUCTION
332 - EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY
Crimes involved in the exemption: (1) Theft
 (2)
Swindling(estafa) (3) Maliciousmischief
Persons exempt from criminal liability:
(1) Spouses, ascendants and descendants, or relatives
by affinity in the same line. 
 years of age by certain persons such as, a person in
(2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same passed into the possession of another. 
 E: (a) Offended party is a virgin, which is presumed if
(3) Brothers and sisters and brothers-in-law and sisters-
in-law, if living together. 

CRIMES AGAINST CHASTITY
333 – ADULTERY (1) The woman is married; (2) She
has sexual intercourse with a man not her husband;
(3) As regards the man with whom she has sexual
intercourse: he knows her to be married. 
 be over 18 years old
334 – CONCUBINAGE (1) The man is married; (2) He
is either: (a) keeping a mistress in the conjugal dwelling;
(b) Having sexual intercourse under scandalous
circumstance with a woman not his wife; (c) Cohabiting
with her in any other place;
(3) As regards the woman, she knows him to be
married.
336 - ACTS OF LASCIVIOUSNESS (a) The offender
commits any act of 
 lasciviousness or lewdness;

 (b) The act is committed against a person of either
sex; (c) It is done under any of the ff. circumstances:
(1) By using force or intimidation; or (2) When the
offended party is deprived of reason or otherwise
unconscious; (3) By means of fraudulent machination or
grave abuse of authority (4) When the offended party is
under 12 years of age or is demented. 

Lewd – obscene, lustful, indecent, lecherous; signifies
form of immorality which has relation to moral impurity or
that which is carried in wanton manner
AOL Compulsion or force is included in the constructive
element of force; Must be accompanied by acts of
lasciviousness or lewdness.
GC Compulsion or force is the very act constituting the
offense of grave coercion; Moral compulsion amounting
to intimidation is sufficient.
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without use of force. It applies when there is
abuse of authority (qualified seduction) or deceit (simple
seduction).
Two classes of Qualified Seduction and their elements:
(1) Seduction of a virgin over 12 years and under 18
authority, priest, teacher or any person who, in any
capacity shall be entrusted with the education or
custody of the woman seduced.
she is unmarried and of good reputation; 
 (b) She is
over 12 and under 18 yrs. of age; 
 (c) Offender has
sexual intercourse with her; 
 (d) There is abuse of
authority, confidence, or relationship on the part of the
offender.
(2) Seduction of a sister by her brother, or descendant
by her ascendant, regardless of her age or reputation.
E: (a) Offended party need not be a virgin or she may


(b) Offender has sexual intercourse with her 

(c) Offender is her brother or ascendant by
consanguinity, whether legitimate or illegitimate. 

Offenders in Qualified Seduction:
(1) Those who abused their authority: (a) Person in
public authority; (b) Guardian;
 (c) Teacher; 

(2) Person who, in any capacity, is entrusted with the
education or custody of the woman seduced.
(a) Those who abused confidence reposed in them:

 (b) Priest; 
 (c) House servant; (d) Domestic 

(3) Those who abused their relationship: 
 (a) Brother
who seduced his sister; b) Ascendant
338 - SIMPLE SEDUCTION
E: (a) Offendedpartyisover12andunder18years of age;

 (b) She is of good reputation, single or widow;
(c) Offender has sexual intercourse with her; (d) It is
committed by means of deceit. 

339 - ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
E: (a) Offender commits acts of lasciviousness or
lewdness; 

(b) The acts are committed upon a woman who is a
virgin or single or widow of good reputation, under 18
yrs. of age but over 12 yrs., or a sister or descendant,
 regardless of her reputation or age; 
 E: (a) Offender has been legally married;
(c) The offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit. 
 could not yet be presumed dead according to the Civil
340 - CORRUPTION OF MINORS
E: (a) Offender promotes or facilitates the prostitution or
corruption of persons under age (minors),
(b) Purpose is to satisfy the lust of another
341 - WHITE SLAVE TRADE
Acts Punishable: (1) Engaging in business of prostitution
(2) Profiting by prostitution (3) Enlisting the services of
women for the purpose of prostitution.
342 - FORCIBLE ABDUCTION
(a) The person abducted is any woman, regardless of
her age, civil status or reputation; (b) The abduction is
against her will; 
 (c) The abduction is with lewd
designs. 
 imputation of– (a) a crime, 
 (b) a vice or defect, real or
343 - CONSENTED ABDUCTION
E: (a) Offended party is a virgin; (b) She is over 12 and
under 18 yrs. of age; (c) Offender takes her away with
her consent, after solicitation or cajolery from the
offender; (d) The taking away is with lewddesigns. 
 directed at a natural or juridical person, or one who is
SEDUCTION, ABDUCTION, ACTS OF
LASCIVIOUSNESS
Seduction, abduction, or acts of lasciviousness must be
prosecuted upon complaint signed by— (1) Offended
party - When the offended party is a minor, her parents
may file the complaint. 
 (2) When the offended party is
of age and is in complete possession of her mental and
physical faculties, she alone can file the complaint. (3)
Parents, Grandparents or Guardian in that order –


CRIMES AGAINST THE CIVIL STATUS OF PERSONS
347 - SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND CONCEALMENT
OR ABANDONMENT OF A LEGITIMATE CHILD
MODE 1. Simulation of births; MODE 2. Substitution of
one child for another; MODE 3. Concealing or
abandoning any legitimate child with intent to cause
such child to lose its civil status.
348 - USURPATION OF CIVIL STATUS - a person
represents himself to be another and assumes the
filiation or the parental or conjugal rights of such another
person.
349 – BIGAMY
(b) The marriage has not been legally dissolved or, in
case his or her spouse is absent, the absent spouse
Code
(c) He contracts a second or subsequent marriage
(d) The second or subsequent marriage has all the
essential requisites for validity.
350 - MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS
ELEMENTS:
 (1) Offender contracted marriage; (2) He
knew at the time that – (a) The requirements of the law
were not complied with; or (b) The marriage was in
disregard of a legal impediment.
CRIMES AGAINST HONOR
353 - DEFINITION OF LIBEL (1) There must be an
imaginary, OR 
 (c) any act, omission, condition,
status, or circumstance; 
 (2) The imputation must be
made publicly; 

(3) It must be malicious; 
 (4) The imputation must be
dead; and 
 (5) The imputation must tend to cause
dishonor, discredit or contempt of the offended party. 

354 - REQUIREMENT FOR PUBLICITY
GR: MALICE IS PRESUMED in every defamatory
imputation, even if it be true, if no good intention and
justifiable motive for making it is shown. REBUTTED:
(1) The defamatory imputation is true, IN CASE the law
allows proof of the truth of the imputation; 

(2) It is published with good intention; AND 

(3) There is justifiable motive for making it 

355 - LIBEL BY WRITING OR SIMILAR MEANS
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.
356 - THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
COMPENSATION
Acts Punished: (1) Threatening another to publish a province or city where he actually resided at the time of
libel concerning – him, his parents, spouse, child or the commission of the offense
other members of his family (2) Offering to prevent the
publication of such libel for compensation or money 364 - INTRIGUING AGAINST HONOR
consideration. 
 E: (a) Offender disseminates any intrigue (b) Its principal
purpose is to blemish the honor or reputation of a
357 - PROHIBITED PUBLICATION OF ACTS
person.
REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS (GAG LAW)
QUASI- OFFENSES
E: (a) Offender is a reporter, editor or manager of 
 a Quasi-offenses punished: (1) Committing through
newspaper, daily or magazine; 
 (b) He publishes facts reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony
connected with the private life of another; (c) Such facts
are offensive to the honor, virtue and reputation of said or light felony; 

person. 
 (2) Committing through simple imprudence or
negligence an act which would otherwise constitute a
358 - SLANDER grave or a less serious felony; 

(1) Simple slander (3) Causing damage to the property of another through
(2) Grave slander, when it is of serious and insulting reckless imprudence or simple imprudence or
nature negligence; 

Factors that determine the gravity of the oral
(4) Causing through simple imprudence or negligence
defamation: (1) Expressions used (2) Personal
some wrong which, if done maliciously, would have
relations of the accused and the offended party. 3) The
constituted a light felony. 

surrounding circumstances. 

I - Lack of skill & Deficiency of action; Failure in
precaution
359 - SLANDER BY DEED E: (a) Offender performs
N - Lack of foresight & Deficiency of perception; Failure
any act not included in any other crime against honor;
in advertence
(b) Such act is performed in the presence of other
person/s; and (c) Such act casts dishonor, discredit or
Elements of Reckless Imprudence:
contempt upon the offended party. 
 (a) The offender does or fails to do an act (b) The
doing of or the failure to do the act is voluntary (c) It is
360 - PERSONS RESPONSIBLE FOR LIBEL (1) The without malice (d) Material damage results 
 (e) There
person who publishes, exhibits or causes the publication
is inexcusable lack of precaution on the part of the
or exhibition of any defamation in writing or similar
offender, taking into consideration:
means. (2) The author or editor of a book or pamphlet.
(1) His employment/ occupation(2) Physical condition

 (3) The editor or business manager of a daily (3) Degree of intelligence (4) Other circumstances
newspaper, magazine or serial publication. 
 regarding the persons, time and place 

(4) The owner of the printing plant which publishes a
libelous article with his consent and all other persons Inexcusable lack of precaution - Factors to be
who in any way participate in or have connection with its considered in determining inexcusable lack of
publication. 
 precaution: (1) Employment or occupation (2) Degree of
intelligence and physical condition of the offender; and
(3) Other circumstances regarding persons, time, and
Where to file the criminal action? It depends on who
place.
the offended party is.
If he is a public officer, the criminal action can only be
Elements of Simple Imprudence (a) There is lack of
instituted in either:
precaution on the part of the offender (b) The damage
(1) RTC of the province or city where the libelous article
impending to be caused is not immediate or the danger
is printed and first published, OR (2) RTC of the
province or city where he held office at the time of the is not clearly manifest. 

commission of the offense
If he is a private person, the criminal action may be Test of Negligence: Would a prudent man, in the
brought in: position of the person to whom negligence is attributed,
(1) RTC of the province or city where the libelous article foresee harm as a result of the course actually pursued?
is printed and first published, OR (2) RTC of the
Doctrine of last clear chance The contributory
negligence of the party injured will not defeat the action
if it be shown that the accused might, by exercise of
reasonable care and prudence, have avoided the
consequences of the negligence of the injured party.
Emergency rule An automobile driver who, by
negligence of another and not by his own negligence, is
suddenly placed in an emergency and compelled to act
instantly to avoid collision or injury is not guilty of
negligence if he makes such a choice which a person of
ordinary prudence placed in such situation might make
even though he did not make the wisest choice.
Comprehensive Dangerous Drugs Act of 2002 RA
9165 June 7, 2002
Section 98. Limited Applicability of the Revised Penal
Code. -shall not apply to the provisions of this Act,
except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by
life imprisonment to death provided herein shall be
reclusion perpetua to death.
UNCONSTITUTIONAL
(g) All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test; IT ADDED additional
requirement.
(f) All persons charged before the prosecutor's office
with a criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1)
day shall have to undergo a mandatory drug test;
-blatant attempt to use this medical tool for criminal
prosecution; violates privacy and self incrimnation
CONSTITUTIONAL:
(c) Students of secondary and tertiary schools. –
Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as
contained in the school's student handbook and with
notice to the parents, undergo a random drug testing:
Provided, That all drug testing expenses whether in
public or private schools under this Section will be borne
by the government;
-stand in loco parentis duty to safeguard heath and
safety / minors are subj to custody of parents, guardians
and schools/
(d) Officers and employees of public and private offices.
– Officers and employees of public and private offices,
whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the
company's work rules and regulations, which shall be
borne by the employer, for purposes of reducing the risk
in the workplace. Any officer or employee found positive
for use of dangerous drugs shall be dealt with
administratively which shall be a ground for suspension
or termination, subject to the provisions of Article 282 of
the Labor Code and pertinent provisions of the Civil
Service Law;
UNLAWFUL ACTS:
Sec 4. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
Sec 5. Sale (LI + 500k to 10M), Trading, Administration,
Dispensation, Delivery, Distribution and Transportation
of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
E: (1) the identity of the buyer and the seller, the object,
and the consideration; and 
 (2) the delivery of the
thing sold and the payment therefor. 

Sec 6. Maintenance of a Den, Dive or Resort.
Sec 7. Employees and Visitors of a Den, Dive or Resort
(a) Any employee of a den, dive or resort, who is aware
of the nature of the place as such; and
(b) Any person who, not being included in the provisions
of the next preceding, paragraph, is aware of the nature
of the place as such and shall knowingly visit the same
Section 11. Possession of Dangerous Drugs. – any
person not authorized by law any drugs
E: (1) the accused is in possession of an prohibited
drug; (2) such possession is not authorized by law; and
(3) the accused freely and consciously possesses the
said drug.
Actual possession – in the immediate possession
Constructive possession – under the dominion and
control of the accused; when accused has the right to
exercise control and dominion over the place where it is
found
Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs. (tool)
Section 15. Use of Dangerous Drugs. – A person
apprehended or arrested, who is found to be positive for
use of any dangerous drug, after a confirmatory test,
First – 6 mos Rehab; 2nd 6 yrs and 1 day to 12 y + fine

RULES Possession, Sales and Use of D &
Paraphernalia – seller apprehended: qty in possessing
is absorbed in sale – illegal sale (possession absorbed)
1) Sec 11 – if in excess of the drugs bought;
-caught using: possession of paraphernalia shall be
absorbed; if a tooter is found, separate information from
possession of drugs
- if found positive for use and found in possession –
possession only
Section 26. Attempt or Conspiracy.
Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided
under this Act:
(a) Importation; (b) Sale, trading, administration,
dispensation, delivery, distribution and transportation;
(c) Maintenance of a den, dive or resort where;
(d) Manufacture of any; and (e) Cultivation or culture of
plants which are sources of dangerous drugs.
APPLICABILITY OF PROBATION LAW - cannot avail
of the privilege granted by the Probation Law or
Presidential Decree No. 968
DRUG SYNDICATE – group of 2 or more persons with
intention of committing any offense prescribed under the
act
MANDATORY DRUG TESTING: 1) Driver’s License
2) License of FA and permit to carry FA; and by those
who by nature of their profession shall carry FA: Military
officers, police and law enforcers
3) Secondary and Tertiary; 4) Civil Servants; 5) Private
Employees;
CHAIN OF CUSTODY – duly recorded authorized
movements and custody of subject items at each stage,
from the time of seizure to presentation to the court for
destruction. Such record of movements and custody of
seized items shall include the identity and signature of
the person who held temporary custody of the seized
items, the date and time when such transfer of custody
was made in the course of safekeeping and use in court
as evidence, and the final disposition
LINKS:
1) seizure and marking Signature or initial in the presenc
of accused and immediately after confiscation (if
practicable)
2) turn over - seized by the apprehending officer to
investigating officer
3) turn over by the investigation O. to the forensic
chemist
4) Turn over and submission to the court
when indispensable – when the items of the real
evidence is not readily identifiable, not distinctive, the
condition at the time of testing, and trial is critical, and
when the witness cannot testify accurately as to the
uniqueness of such item
Presumption of Regularity: (Either) 1) law enforcers
are not properly performing their duties; 2) In the
performance of their duties they were inspired by their ill
motive
Section 21. Custody and Disposition of Confiscated,
Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment
CORPUS DELICTI – Drug itself
315 - ESTAFA Elements of Estafa in General:
(a) The accused defrauded another (1) by abuse of
confidence; or (2) bymeansofdeceit;and
(b) The damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person.
With Unfaithfulness or Abuse of Confidence (315
par. 1(a) (b) (c))
Par 1(a): Altering substance, quantity or quality of object
subject of obligation to deliver
E: (a) Offender has an onerous obligation to deliver
something of value. (b) He alters its substance,
quantity, or quality c) Damage or prejudice is caused to
another 

- Deceit is NOT an essential element
Par.1(b): Misappropriation and Conversion
(a) Money, goods, or other personal property is received
by the offender in trust, or in commission, or for
administration, or under any other obligation involving
the duty to make delivery of, or to return, the same;
(b) There is misappropriation or conversion of such
money or property by the offender, or denial on his part
of such receipt;
(c) Such misappropriation or conversion or denial is to
the prejudice of another; and
(d) There is a demand made by the offended party to
the offender
3 Ways of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
(1) Misappropriating the thing received. 

(2) Converting the thing received. 

(3) Denying that the thing was received. 
 Sec. 1 Par. 1
Par.1(c): Taking advantage of signature in blank E:
(a) Paper with the signature of the offended party is in
blank. 
 the time of issue he does not have sufficient funds in or
(b) Offended party delivered it to the offender.
(c) Above the signature of the offended party a
document is written by the offender without authority to
do so. 
 (d) The document so written creates a liability
of, or causes damage to, the offended party or any third
person. 

Estafa by Means of False Pretenses or Fraudulent
Acts (315 par. 2(a) (b) (c) (d) (e); BP22):
(a) There is a false pretense, fraudulent act or
fraudulent means. 
 credit to cover the full amount of the check if presented
(b) Such false pretense, fraudulent act or fraudulent
means was made or executed prior to or simultaneously
with the commission of the fraud. 

(c) Offended party relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was
induced to part with his money or property because of
such 

(d) As a result thereof, the offended party suffered
damage. 
 Elements: (a) Offender induced the offended party to
Par 2(a): Using fictitious name or false pretenses at
power, influence... or other similar deceits
Ways of committing the offense: (1) By using fictitious
name; (2) By falsely pretending to possess: (a) power,
(b) influence, (c) qualifications, (d) property, (e) credit,
(f) agency, (g) business or imaginary transactions; 
 ensure success in a gambling game
(3) By means of other similar deceits.
-essential that fraudulent representation of the accused,
(1) be made prior to, or, at least simultaneously with,

 (2) the delivery of the thing by the complainant. 

Par 2(b): by altering the quality, fineness or weight of
anything pertaining to art or business
Par. 2(c): by pretending to have bribed any government
employee
Par 2(d): By postdating a check or issuing a bouncing
check (a) Offender postdated a check, or issued a
check in payment of an obligation; 
 (b) Such
postdating or issuing a check was done when the
offender had no funds in the bank, or his funds
deposited therein were not sufficient to cover the
amount of the check. 
 thereof. (c) Offender executed an act of ownership
BLG. 22 BOUNCING CHECKS LAW
Elements 1) Making, drawing, and issuance of any
check to apply for account or for value 

(2) Knowledge of the maker, drawer, or issuer that at
credit with the drawee bank for the payment of the
check in full upon its presentment; and
(3) Subsequent dishonor of the check by the drawee
bank for insufficiency of funds or creditor dishonor for
the same reason had not the drawer, without any valid
cause, ordered the bank to stop payment.
Sec. 1 Par. 2 Elements (1) Making or drawing and
issuing a check having sufficient funds in or credit with
the drawee bank 

(2) Failure to keep sufficient funds or to maintain a
within a period of ninety (90) days from the date
appearing thereon (3) Check is dishonored by the
drawee bank. 



Estafa Through Other Fraudulent Means (315 Par 3
(a) (b) (c))
Par 3 (a): By inducing another, through deceit, to sign
any document
sign a document.
(b) Deceit was employed to make offended party sign
the document.
(c) Offended party personally signed the document.
(d) Prejudice was caused.
Par.3 (b): By resorting to some fraudulent practice to
Par.3 (c): By removing, concealing or destroying any
court record, office files, document or any other papers
Elements: (a) There are court record, office files,
documents or any other papers. 
 (b) The offender
removed, concealed or destroyed any of them. (c) The
offender had Intent to defraud another. 

316 - OTHER FORMS OF SWINDLING AND DECEITS
Par 1. By conveying, selling, encumbering, or
mortgaging any real property, pretending to be the
owner of the same
Elements: (a) The thing is immovable, such as a parcel
of land or a building. 
 (b) Offender who is not the
owner of said property represents that he is the owner
(selling, encumbering or mortgaging the real property).
(d) The act was made to the prejudice of the owner or a
third person. 


Par. 2. By disposing of real property as free from

encumbrance, although such encumbrance be not
recorded
Elements: (a) The thing disposed of is real property.
(b) Offender knew that the real property was
encumbered, whether the encumbrance is recorded or
not. 

(c) There was express representation by the offender
that the real property is free from encumbrance.

 (d) Act of disposing of the real property was made to
the damage of another. 


Par. 3. By wrongfully taking by the owner of his personal

property from its lawful possessor
Elements: (a) Offender is the owner of personal
property. 
 (b) Said property is in the lawful possession
of another. 
 (c) Offender wrongfully takes it from its
lawful possessor. (d) Prejudice is thereby caused to the
lawful possessor or third person. 


Par. 4. By executing any fictitious contract to the

prejudice of another Elements: (a) Offender executes a
contract (b) Contract is fictitious
 (c) Prejudice is
caused.

Par. 5. By accepting any compensation for services not

rendered or for labor not performed
Elements: (a) Offender accepts any compensation for
services or labor 
 (b) He did not render any service or
perform any labor 


Par. 6. By selling, mortgaging or encumbering real

property or properties with which the offender
guaranteed the fulfilment of his obligation as surety
Elements: (a) Offender is a surety in a bond given in a
criminal or civil action. 

(b) He guaranteed the fulfillment of such obligation with
his real property or properties. (c) He sells, mortgages,
or, in any other manner encumbers said real property.


(d) That such sale, mortgage, or encumbrance is 
 (1)
Without express authority from the court, or 
 (2) Made
before the cancellation of his bond, or 
 (3) Before
being relieved from the obligation contracted by him.