264. Administering injurious substances or beverages.
o Incapacity from labor OR medical attendance from 1-9
- That the offender inflicted upon another any serious physical
injury.
- It was done by knowingly administering any injurious substance or
beverage or by taking advantage of his weakness or credulity
- With no intent to kill
1. With intent to kill = murder. Adminster = make the person
ingest the substance or beverage
265. Less serious physical injuries
266-A. Rape
- Offended party is incapacitated from labor or needs medical
Rape under paragraph 1 (sexual intercourse, need to prove penetration, no
assistance from 10<30 days.
matter how slight because it consummates the crime)
- Physical injuries sustained were not described in preceding
articles.
1. Qualified by:
a. Fine with AM as penalty
i. Manifest intent to insult or offend the
injured person
ii. Ignominy is present
b. Higher penalty if the victim
i. Is the offender’s parents, ascendants,
guardians, curators or teachers
ii. Persons or rank or in authority, provided
the crime does not amount to direct
assault.
2. Medical attendance OR incapacity from labor may be
counted, not both. If neither is present, it is only slight
physical injuries. Actual medical attendance is needed.
266. Slight physical injuries and maltreatment
- Three kinds of slight physical injuries:
days
o Physical injuries that did not require medical attendance
or result to incapacity to work.
o Ill-treatment of another without any injury or causing
dishonour (could become slander by deed)
1. Without any proof of the period of medical attendance
or incapacity from labor, only slight physical injuries is
charged.
- Offender is a man
- Who had carnal knowledge of a woman
- Accomplished by any of the following:
o With force or intimidation
 Need to establish manifest and tenacious
resistance BUT once the victim gives up it does
not necessarily mean consent. The intimidation
here must be viewed as creating fear in the
mind of the victim.
 If moral ascendancy or influence of the offender
is proven, it replaces physical force intimidation,
such as when the offender is the parent or
guardian of victim.
o Woman is deprived of reason or otherwise unconscious
 Victim has no will
o By means of fraudulent machinations or grave abuse of
authority
o When the woman is <12 yrs old or demented
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  Under 12 = statutory rape. Age must be alleged
in the information. The victim here is not yet of
the age of consent to sexual intercourse
Rape under paragraph 2 (sexual assault, can be committed by either male
or female)
- Subsequent valid marriage between offender and offended party
ONLY, not including co-conspirators, accomplices or accessories
- Marital rape: subsequent forgiveness by wife is allowed as long as
the marriage is proven valid.
266-D. Presumptions

- Offender commits an act of sexual assault - Physical overt act manifesting resistance = no consent
- Committed through any of the following: - Offended party is in a situation where s/he is incapable of giving
o Inserting penis into another person’s mouth or anus consent
o Inserting any instrument or object into another person’s
mouth or anus
- Act of sexual assault is accomplished under any of the following: Title 11: Crimes against chastity (Articles 333-
o With force or intimidation 343)
o Woman is deprived of reason or otherwise unconscious 333. Adultery
o By means of fraudulent machinations or grave abuse of
authority - Woman is in a valid marriage
o When the woman is <12 yrs old or demented - Had sexual intercourse with a man not her husband
- Such man knew her to be married.
266-B. Penalties 1. Even if the marriage is later declared void, the crime would still
subsist because at the time it was committed, such marriage was
- Rape usually features only the opposing testimonies of the
perfectly valid.
offender and the offended.
2. Circumstantial evidence to prove carnal knowledge
- No frustrated rape—only attempted or consummated
3. 1 sexual intercourse = 1 crime. Penalty mitigated by the offended
- Character of woman is immaterial to rape cases.
spouse abandoning the offender without just cause and both
- Multiple rapes may be committed through conspiracy because the
defendants benefit from such MC.
rapist is responsible for his act of rape as well as for each of his co-
4. Paramour must know the woman is married, otherwise no
conspirators.
liability. BUT acquittal of one is not acquittal of the other.
- Special complex crime of rape with homicide where the homicide
5. Intercourse between offender and offended party is implied
was committed on by reason of the rape.
pardon. Consent of the offended party to the offender’s infidelity
- 50k indemnity for rape plus moral damages and perhaps even
bars prosecution.
exemplary damages.
334. Concubinage
266-C. Effect of pardon

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 - Man is married legally
- Committed any of the following acts
o Kept a mistress in the conjugal dwelling
 No need to prove actual intercourse
 Woman must be taken into the conjugal
dwelling (house of husband and wife even if the
latter be absent temporarily) as a concubine
o Having sexual intercourse under scandalous
circumstances with a woman not his wife
 Offensive element to other people so it must be
attested to by neighbours etc
o Cohabiting with her anywhere
 To dwell together as husband and wife for some
period of time
- As regards woman, she must know the man to be married.
1. Husband is not liable for mere sexual relations with a woman
other than his wife; exclusive listing of acts that would make him
liable.
336. Acts of lasciviousness (no intercourse)
- Offender commits an act of lasciviousness
- Against a person of either sex
- Committed under the following:
o With force or intimidation
o Woman is deprived of reason or otherwise unconscious
o By means of fraudulent machinations or grave abuse of
authority
o When the woman is <12 yrs old or demented
1. Lewd designs: obscene and lustful. Can be inferred from the
a. Manner
b. Time
c. Place of commission of the crime
i. Public place, daytime, etc seems to negate lewd
designs
2. Moral compulsion that subdues will of the woman is enough to
replace intimidation or physical force. There is only consummated
acts of lasciviousness.
3. Desistance by the offender in an attempted rape may lower the
charge to simply acts of lasciviousness only.
Seduction: enticing a woman to unlawful sexual intercourse by promise of
marriage or other means of persuasion without using force.
337. Qualified seduction
- Offended party is a virgin (presumed if unmarried and of good
reputation)
- 12<18 yrs old
- Offender had sexual intercourse with her
- Abuse of authority, confidence or relationship by offender
o Seduction by relatives
o By certain persons such as priest, teacher, domestic
(anyone else living in the household) etc.
1. Deceit not an element here because abuse of authority etc is
already enough. But if one element of rape is introduced, it is no
longer QS.
338. Simple seduction
- Offended party is 12<18 yrs old
- Of good reputation, single or widow.
- Offender had sexual intercourse with her
- By means of deceit.
1. Virginity no longer required.
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 2. Deceit takes the form of promises of marriage that must precede
the carnal act. Does not take into consideration promise of
payment or material gain for sexual intercourse.
339. Acts of lasciviousness with the consent of offended party (no sexual
intercourse)
- Offender commits acts of lasciviousness
- Upon a woman who is a virgin, single, widow of good reputation,
12<18 yrs old OR a sister or descendant regardless of reputation
or age.
- Consent obtained by means of abuse of authority, confidence,
relationship or deceit.
340. Corruption of minors
- A person promotes or facilitates the prostitution of a minor
- To satisfy another’s lust
- If the offender is a public officer or employee, temporary
disqualification is also given.
1. No need to prove that unchaste acts were actually committed,
mere act of facilitating such transaction punishable
341. White slave trade
- Engaging in the business of prostitution (RA 9208)
- Profiting by prostitution
- Enlisting the services of women for prostitution under any pretext
1. Even the manager of the establishment, not just the owner, is
liable for the committing the crime bec he profited from it
Abduction: taking away of a woman from her house or place where she is
for the purpose of carrying her to another place with the intent to marry or
corrupt her.
342. Forcible abduction
- Person abducted is any woman regardless of age, civil status or
reputation
o Girl under 12 yrs old does not have a will so she cannot
validly consent to the abduction
- Abduction against her will
o Through force and intimidation or deceit
- Made with lewd designs
o No need to prove that intercourse actually happened.
o Complex crime of forcible abduction with rape, where
the detention and the taking away is consistent with the
lewd design. Rape can absorb the forcible abduction if
the main intent was really to rape
323. Consented abduction
- Offended party is a virgin
- 12<18 yrs old
o Girl under 12 yrs old does not have a will so she cannot
validly consent to the abduction. Consent is not a
defense
- The taking away of the offended party must be with her consent
through cajolery or solicitation
o Not necessarily from the house of the victim
o Not abduction or seduction if the girl went with the
accused out of her own volition
- Taking away tainted with lewd designs
1. Complex crime of consented abduction with rape
344. Prosecution of crimes against chastity
- Adultery and concubinage: private crimes that can only be
prosecuted upon complaint by the offended spouse
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 o Both the offending spouse and the paramour are charged
even if only one of them appears guilty
- Seduction, abduction, rape or acts of lasciviousness can be
prosecuted upon complaint by
o Offended party
o Her parents
o Grandparents
o Legal guardian
- Pardon bars prosecution in
o Adultery and concubinage: by the offended spouse,
extending the forgiveness to both offenders (express or
implied)
o Seduction, abduction, rape or acts of lasciviousness:
offended party, her parents, grandparents or legal
guardian only if she is dead or otherwise incapacitated
(express)
o Condonation or forgiveness and acknowledgment of
repentance. But if the offender commits the act again, it
is not a bar to prosecution
- Only actual marriage extinguishes criminal liability in seduction,
abduction, rape or acts of lasciviousness
- In seduction, abduction, rape or acts of lasciviousness
o Indemnity for offended woman
o Acknowledging the offspring of such carnal union except
if the law prohibits him from doing so
o Support the offspring
- Liability as principals even if they were only accomplices:
o Ascendants
o Guardians
o Curators
o Teachers
o Anyone else who cooperates with abuse of authority or
confidential relationship
Title 9. Crimes against liberty and security
(Articles 267-292)
Crimes against liberty
267. Kidnapping and serious illegal detention
- Offender is private individual
- Who kidnaps or detains another or in any manner deprives him of
his liberty
- Any of the following circumstances is present
o Detention >3 days
o Committed simulating public authority
o Any serious physical injury is inflicted upon the detainee
or threats to kill him are made
o Detainee is a minor, female or public officer
1. Kidnapping for ransom: = maximum penalty even if none of the
circumstances above were present (qualifying circumstance)
a. Ransom is money, price, or consideration paid or
demanded for the release from captivity of the victim
2. If person is killed, raped or tortured = maximum penalty (not
qualifying circumstance nor complex crime)
3. Actual demand for ransom not necessary but actual detention is
necessary
a. Restriction of liberty is enough to charge, total
deprivation is not needed
b. Illegal detention = no competent authority and not
permitted by law
RA 7659: special complex crime of kidnapping with murder or homicide
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 - If the purpose for the abduction or detention is murder, - Minor lives in the home of his parents, guardian or person with
kidnapping is absorbed. Specific intent must be proven custody
- Offender induces the minor to leave such home
268. Slight illegal detention o Actual inducement
o With criminal intent
- Offender is private individual
- Who kidnaps or detains another or in any manner deprives him of o With will to cause damage
his liberty - Very act of inducement is punishable even if the minor did not
- Detention is illegal leave
- Crime not attended to by any of the aforementioned - Parent who has no legal custody over the child may commit this
circumstances crime if he induces such child to leave the abode of the other
1. Privileged mitigating circumstance spouse
a. Detainee released within three days
272. Slavery
b. Purpose intended for detention not attained
c. Criminal action has not yet been filed against offender - Offender purchases, sells, kidnaps or detains another
- For the purpose of enslaving him or her
269. Unlawful arrest
- Qualified by: for the purpose of assigning the victim to some
- Any person arrests or detains another immoral traffic, which means highest penalty
- Purpose of the offender is to deliver the detainee to proper 1. Check the purpose of the offender to make distinction
authorities
273. Exploitation of child labor
- Arrest or detention is not authorized by law or has no reasonable
ground - Offender retains a minor in his service
- Against the will of said minor
- Under the pretext of reimbursing himself of a debt incurred by an
Kidnapping of minors ascendant, guardian or person entrusted with custody of the
minor
270. Kidnapping and failure to return a minor 1. Consent of the minor = defense

- Offender is entrusted with the care and custody of a minor 274. Services in payment of debt
- Who deliberately fails to return the minor to his parents or
guardians - Offender compels a debtor to work for him either as a household
helper or farm labourer
271. Inducing a minor to abandon his home - Against the debtor’s will
- For the purpose of enforcing payment for a debt

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 o Exclusive listing of either household helper of farm - He delivers the child to public institution or another person
labourer only - The consent of the person who entrusted the child to offender
was not given, or if he is absent, that proper authorities have not
Crimes against security given their consent to the abandonment

275. Abandonment of persons in danger and abandonment of one’s own Indifference of parents
victim
- Offender is a parent
- Failure to lend assistance to any person he found in an - Who neglects child by not giving him education
uninhabited place wounded or in danger of dying, when he can - But his station in life and financial condition permits such
render such assistance without detriment to himself, unless such education
omission shall constitute a more serious offense o Deliberate refusal or evasion
- Failure to help his own victim whom he has accidentally injured or
wounded 278. Exploitation of minors
- Failure to deliver a child <7 yrs old to his family, the authorities or
a safe place – child is originally in an unsafe place - Any child <16 yrs old to perform any dangerous feat of balancing,
physical strength or contortion
276. Abandoning a minor - Any person who belongs to the same job as an acrobat, gymnast,
wild-animal tamer or circus manager shall employ a child <16 yrs
- Offender has custody of a child who is not his descendant or children
- <7 yrs old - Same, employs a child <12 yrs old
- He abandons such child - Any ascendant, guardian, teacher or person entrusted with care
o Conscious and deliberate choice to deprive the child of of the child <16 yrs old shall deliver such child gratuitously or for a
care and protection consideration to a person under par 2 or to any habitual vagrant
- With no intent to kill or beggar
o Intent to kill negates abandonment and changes nature - Any person who induces a child <16 yrs to abandon the home of
of the crime his ascendants, guardians, teachers etc to follow the careers in
o Intent to kill not presumed from death of the child par 2.
o Check the intent or purpose for the inducement to leave
277. Abandonment of minor by person entrusted with his custody;
the home of the enumerated persons
indifference of parents
o The crimes are classified according to
By the one charged with custody  Age of victim
 Relationship of accused to victim
- Offender has the charge of rearing and education of minor  Nature of job to be performed by minor

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280. Qualified trespass to dwelling
- Offender is private person
- Who enters the dwelling of another
- Against the latter’s will
- Qualified by violence or intimidation (against both persons and
things)
o Concurrent with or just before entry
1. Dwelling place: building or structure exclusively devoted for rest
and comfort
2. Presumed or express prohibition to enter by the occupant of the
dwelling necessary. Must be present before or at the time of
actual entrance
a. Mere lack of consent to enter not enough
b. All household members can give valid consent to the
entrance of the accused
c. Time and circumstances surrounding entry may be
controlling
d. If violence and intimidation is used, prohibition no longer
necessary
3. Exempt cases
a. Entry to another’s dwelling made for the purpose of
preventing some serious harm to himself, occupants of
the dwelling or a third person
b. To render some service to humanity or justice
c. Place where entrance is made is a cafe, tavern, inn or
other public houses while these are open
281. Other forms of trespass
- Any person enters the closed premises or fenced estate of
another
- Which is uninhabited
- Prohibition to enter is manifest
- Offender has not secured permission from the owner or caretaker
prior to entry
282. Grave threats
- Threatening another with the infliction upon his person, honor or
property with a wrong amounting to a (grave) crime and
demanding money or imposing any other condition, even though
not unlawful, and the offender attains his purpose
o One degree lower from crime threatened
- By threatening without making any condition
o If no condition is proven, it is treated as non existent
- By threatening ... and the offender did not attain his purpose
o Two degrees lower from crime threatened
- Qualified by making the threat in writing or through a middleman
1. Offended party need not be present at time and place when the
threat was made so long as he came to know about it
2. If threats are made during the commission of another crime (eg
KFR), they are absorbed
3. On the spot delivery of the money or other consideration asked
for is not affected, just like KFR.
283. Light threats
- Offender makes a threat to commit a wrong
- That does not constitute a crime
- There is demand for money or a condition is given, though not
unlawful
- Offender has attained or has not attained his purpose
1. Different from grave threats in that there is no crime and there is
always a consideration/condition made
a. For example, threat of revealing that a person is involved
in a felony unless money is paid = no crime
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285. Other light threats
- Threatening (in a quarrel) or drawing at another with a weapon
during a quarrel, unless it be in lawful self-defense
- Oral threat to commit a crime but had not persisted in the idea of
such crime
- Oral threat to commit a harm not constituting a felony
o Heat of anger considered as mitigating the threat
286. Grave coercions
- A person prevented another from doing something not prohibited
by law or that he compelled him to do something against his will,
be it right or wrong
o Coercion still consummated even if the offender had not
attained his purpose
o corporation
- Prevention or compulsion was made through violence, threats or
intimidation
o Prevention by force must be made before or at the time
that the offended party is about to do the act to be
prevented
o Display of force is not use of force or violence, actual
physical force necessary
- The restraint was not made under authority of law or in the
exercise of any lawful right.
1. Differentiate between coercion and illegal detention by looking at
the purpose for the deprivation of liberty
2. Higher penalty imposed if coercion is committed
a. In violation of the right of exercise of suffrage
b. To compel or prevent another to perform any religious
act
287. Light coercions
- Offender is a creditor
- Who seizes the property of the debtor
- Using violence or a display of material force that produces
intimidation
- For the purpose of making the property as payment for the debt
o As distinguished from mere security for such debt
Par 2 Unjust vexation: any human conduct which, although not producing
any material or physical harm, shall unjustly annoy an innocent person.
There is no violence or intimidation in this case
288. Other similar coercions
Compulsory purchase of merchandise
- Offender is any person, agent or officer of any association or
- Such firm or corporation employs labourers
- Who are forced or compelled, directly or indirectly OR knowingly
permits to be forced or compelled, any of its labourers to
purchase merchandise of any kind from him or from the said
company.
Payment of wages by means of tokens
- Offender pays the wages of a labourer or employee by means of
tokens or objects
- Other than the legal tender currency of the Philippines
- And such employee had not expressly requested that his wage be
paid by means of tokens or objects
289. Formation, maintenance and prohibition of combination of capital
or labor through violence or threats
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 - Offender employs violence or threats that force or compel the
labourers or employees in the free and legal exercise of their work
- For the purpose of organizing, maintaining or preventing
conditions of capital or labor, strike of labourers or lockout of
employers
290. Discovering secrets through seizure of correspondence
- Offender is private individual or a public officer not in the exercise
of his official function
- Who seizes the papers or letters of another
- For the purpose of discovering the secrets of that person
- And the offender is informed of the contents of the papers or
letters seized
291. Revelation of secrets with abuse of office
- Offender is a manager, employee or servant
- Who learns the secrets of his principal or master in such capacity
- And reveals such secrets
292. Revelation of industrial secrets
- Offender is a person in charge, employee or workman of a
manufacturing or industrial establishment
- With a secret of the industry that the offender has learned
- And offender reveals such secret
- To the prejudice of the owner
o Liability attaches even if the employee is no longer in the
company’s employ
Title 13. Crimes against honor (Articles 355-
364)
Libel: public and malicious imputation of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status or circumstance
tending to cause the dishonour, discredit or contempt of a natural or
juridical person, or to blacken the memory of one who is dead.
Defamation: injuring a person’s character, fame or reputation through
false and malicious statements
Malice: indicates the fact that the offender is prompted by personal ill-will
or spite and has committed the act to injure the reputation of the person
defamed
- Malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance
- Made publicly
o Meaning it was communicated to a third party
o Sending an unsealed letter is considered publication
- And with malice
o Malice in law: presumed from the defamatory
imputation, which can only be rebutted by
 Defamatory imputation is true, in case proof of
truth is allowed by law
 Good intention
 Justifiable motive of the writer
o Malice in fact: must be proven in cases where privileged
communication is being assailed as libelous. It may be
bad blood between the parties
- Such imputation is directed to a natural or juridical person or one
who is dead
o Identity of the injured person must be established. The
identification made by the readers is more important
CRIMINAL LAW 2 MIDTERMS REVIEWER| 10
 than the injured person being able to identify himself in
the libelous article
o The larger the group being described in the article, the
harder it is to prove that the defamation points to any
single member of the group
- Tending to cause the dishonour, discredit or contempt of the
person defamed
1. Words are taken in their ordinary meaning and the article is read
as a whole instead of picking out certain parts only
2. Effect of the words on the minds of the readers taken into
consideration, not the intent of the writer
3. Libel directed against two or more individuals at the same time
may constitute more than one libel
354. Presumption of malice
Except in
- Private communication made by any person to another in the
performance of any legal, moral or social duty
- A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of a confidential nature, OR of any statement,
report or speech delivered in said proceedings, OR of any other
act performed by public officers in the exercise of their function
Privileged communication
- Qualifiedly privileged: no malice in law but malice in fact or bad
faith on the part of the author must be proved
o Author had a legal, moral or social duty to be upheld
o Communication addressed to an officer or board who has
an interest in the matter
 Legal duty means the communication is backed
by a provision of law
 Moral and social duty takes into account the
relationship between the two parties as well as
the voluntariness of the communication made
 Sending the communication to the wrong official
by mistake still makes it privileged
o The statements in the communication are made in good
faith and without malice in fact
o Court interpretation of WON the communication is
privileged or not—more liberal
o Probable cause for belief in the truthfulness of the
charge is a defense
- Absolutely privileged: official proceedings that do not admit even
malice in fact
o In judicial proceedings, the utterance must be pertinent
and relevant to the case at hand
o Fair and true report with no remarks at all
o Defamatory remark about an official’s conduct in his
official duties not libelous because of public interest
(doctrine of fair comment). But if the intrusion is made in
his private life, it may be libelous.
o Hitting back with completely unrelated remarks to the
earlier imputation = libel
355. Libel by means of writings or similar means
- Printed and published and of a permanent character through
painting, theatrical exhibition, radio, writing etc.
366. Threatening to publish and offering to prevent publication of
libelous material
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 - Threatening to publish a libel concerning the offended party or
members of his family
- Offering to prevent the publication of such libel for a
consideration
Blackmail: unlawful extortion of money by threats of accusation or
exposure.
357. Prohibited publication of acts referred to in the course of official
proceedings (Gag Law)
- Offender is a reporter, editor or manager of a newspaper daily or
magazine
- Who publishes facts connected with the private life of another
- That are offensive to the honor, virtue and reputation of said
person
o Cases like adultery, legitimacy of children etc.
358. Slander (Oral defamation)
Grave slander (when of a serious and insulting nature) and simple slander.
The offended party need not have heard the slander. Judicial discretion is
used to determine the gravity of the offense
- Expressions used
- Personal relations of the accused and the offended party
- Circumstances surrounding the case (social standing and position
of the offended party)
359. Slander by deed or performing any act which casts dishonour,
discredit or contempt upon another person
- Offender performs any act not included in any other crime against
honor
- In the presence of other person or persons
- Which casts dishonour discredit or contempt upon the offended
party
Also grave vs simple slander
360. Persons responsible for libel
- Any person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means
- Author or editor of a book or pamphlet
- Editor or business manager of a daily newspaper magazine or
serial publication
- Owner of the printing plant which publishes a libelous article with
his consent, including any other person who participates in such
publication
Venue for filing of libel cases
- One of the offended parties is a public officer whose office is in
Manila at the time of the commission of the offense
o Manila or in the place where the article was first printed
and published
- One of the offended parties is a public officer whose office is
elsewhere
o Place where the offended party holds office or in the
place where the article was first printed and published
- One of the offended parties is a private individual
o Place where he resides or where article is first printed
and published
- Offended party must file complaint for defamation imputing a
crime which cannot be prosecuted de oficio (crimes against
chastity)
361. Proof of truth
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 - Act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public
officer
- Offended party is a government employee and imputation does
not constitute a crime and the imputation is related to official
duties.
o Proven by positive and direct evidence or even only by
probable cause for belief
o True OR with good motives AND in pursuit of justifiable
ends
o Honest mistake and retraction of the imputation
mitigates challenges
362. Libelous remarks
- Only for qualifiedly privilege communication, if made with malice,
are not exempt from criminal liability
363. Incriminating innocent person (planting evidence)
- Offender performs an act
- Through which he directly incriminates or imputes to an innocent
person the commission of a crime
- And such act does not constitute perjury
1. Complex crime of incriminating an innocent person through
unlawful arrest because the latter was a means through which the
incriminatory machination was made
364. Intriguing against honor
- Making plot or scheme to create any intrigue for the purpose of
blemishing the honor or reputation of another person
- If source of the defamatory statement cannot be identified, it is
intriguing against honor
Title 12. Crimes against the civil status of
persons (Articles 347-352)
347. Simulation of births and usurpation of civil status
- Simulation of birth
o Woman pretends to be pregnant and takes the child of
another. Both the giver and the taker of the child are
punished
- Substitution of one child for another
- Concealing or abandoning any legitimate child with intent to
cause such child to lose its civil status
o Can be committed by leaving the child at any foster
institution because the intent is clearly to allow the child
to leave while erasing all the traces of filiation
348. Usurpation of civil status
- A person represents himself as another and assumes the filiation
or the parental or conjugal rights of such another person
(including the profession of such person)
- Purpose of the offender must be taken into account
- Qualified by usurpation for the purpose of defrauding the party or
his or her heirs.
349. Bigamy
- Offender is legally married
- Such marriage has not been legally dissolved or in case of an
absent spouse, the latter has not yet been presumed dead
according to the Civil Code
- He contracts a subsequent marriage
- That has all the essential requisites for validity
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 1. Nullity of the first marriage not a defense because it produces
legal effects; nullity of the subsequent marriage is also not a
defense. But if the second marriage is void, there is no bigamy
2. Second spouse who knew about the prior subsisting marriage is
an accomplice.
3. Reasons for the legal dissolution n of marriage
a. Death of either spouse
b. Judicial declaration of nullity
c. Decree of annulment
4. Bigamy not a bar to prosecution for concubinage
350. Marriage against provisions of laws
- Offender contracted marriage
- Which he knew at that time that
o Requirements of the law were not complied with
o Marriage was celebrated in disregard of a legal
impediment
351. Premature marriages
- Widow who married within 301 days from death OR before
delivery if pregnant at time of death
- A woman whose marriage has been dissolved or annulled and
who married within 301 days from death OR before delivery if
pregnant at time of dissolution of the marital bond
352. Performance of illegal marriage
- Priests or ministers of any religious denomination or sect or civil
authorities who shall perform or authorize any illegal marriage
ceremony shall be punished
o Knowledge of the legal impediment or deficiency needed
Title 10. Crimes against property (Articles 293-
331)
293. Robbery in general
- Unlawful taking of
o Permanent deprivation
- Personal property belonging to another
o Not necessarily the owner but whoever is in possession
thereof
- With intent to gain
o Presumed from the unlawful taking
- By means of violence against or intimidation of any person or
force upon things
o Taking consummated upon
 With violence or intimidation = when the
offender takes possession of the thing
 With force upon things = taking out of the
building
o Violence or intimidation must be employed before the
taking is made, otherwise it becomes another crime
o If both violence and intimidation and force upon things
are present, the former is the proper denomination of
the charge
294. Robbery with violence against or intimidation of persons
- When by reason or occasion of the robbery, homicide, rape, arson
or intentional mutilation is committed
o Robbery should still be the main intent. Accidental
deaths are included and the victim of the homicide need
not be the victim of the robbery
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 o Still robbery with homicide or with rape regardless of the
number of homicides committed, includes the
circumstance of murder
o Principals in robbery = principals in RH unless it is clear
that he or she tried to prevent the killing
o Homicide committed for the purpose of
 Defending the stolen property
 Doing away with a witness
 Eliminating any obstacle to the consummation
of the criminal plan
o If the woman raped resided in the house where the
robbery was done, it is RR. If not, it is counted as a
separate offense
- Insane, blind, impotent or imbecile (par 1 of Art 263)
- Loss of principal member (par 2)
- If violence or intimidation in the commission of the robbery shall
have been carried to a degree clearly unnecessary for the
commission of the crime, OR when in the course of its execution,
the offender shall have inflicted upon any person NOT responsible
for its commission any of the injuries in pars 3 and 4 (loss of any
other member, deformity and incapacity or medical attendance
for more than 90 days; illness or incapacity for more than 30 days)
- Other cases
295. Robbery with violence or intimidation as qualified
Offenses in subdivisions 3, 4, 5 (loss of principal member, any other
member, other cases) in the preceding article is committed
- In an uninhabited place
- By a band
- Attacking a moving train, street car, motor vehicle or airship
- Entering the passengers’ compartment in a train etc or in any
manner taking the passengers by surprise
- On a street, road, highway or alley and the intimidation is made
with the use of firearms
- Not applicable to subdivisions 1 and 2 of Art 294.
295. Robbery by a band
- A band is a group of at least three armed malefactors
- When any of the arms used in the commission of the robbery be
an unlicensed firearm, penalty is maxed and illegal possession of
firearms may be prosecuted separately
- Any member of a band who was present at the commission of the
robbery by a band is punished as a principal of any of the assaults
committed by the band, unless he attempted to prevent the same
1. If it be shown that the conspiracy ended with simple robbery and
a member of the band kills someone, only he is responsible for
that killing
2. Not applicable to Arts 294 pars 1 and 2
RA 8294: use of unlicensed firearm in case a person is killed becomes only
an aggravating circumstance
297. Attempted and frustrated robbery with homicide
- Overt act pointing to robbery as the intent of the offender must
be established
- Can be complexed with serious physical injuries as well
298. Robbery by execution of deeds
- Offender has intent to defraud another
- And compels another to sign, execute or deliver any public
instrument or document
- By means of violence or intimidation
299. Robbery with force upon things in an inhabited house etc
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Any armed person who commits robbery in an inhabited house (any
dwelling, shelter, ship or vessel) or public building (state-owned) or edifice
devoted to religious worship if the value of the property taken is more
than 250 pesos and the following circumstances are present
- Offenders shall enter the house or building
o Through an opening not intended for entrance or egress
o By breaking any wall, roof or floor or breaking any door
or window
o By using false keys, picklocks or similar tools
 False keys are those taken from the genuine
owner. If any of these tools was used other than
to gain entrance, it does not qualify as force
upon things (eg when used to open the locked
furniture or receptacle)
o By using any fictitious name or pretending the exercise of
public authority
 Once inside building, the offender took personal
property belonging to another with intent to
gain
OR IF
- Robbery is committed by
o Breaking of doors, wardrobes, chests or any other locked
or sealed furniture or receptacle
o By taking such furniture or objects away to be broken or
forced open outside the place of robbery
 No need to prove that such thing was broken,
only that it was taken away
Qualified in this wise
- No arms, >P250 or Armed, <P250 PM
- No arms <P250 PM min
- Committed in a dependency still lower
1. If means of entry is not established, theft is charged
2. The means of entry outlined above must be used to enter the
building, not to get out of it
3. Whole body of the culprit must be inside the building; actual force
= actual breaking needed
300. Robbery in an uninhabited place AND by a band
301. What is an inhabited house etc and their dependencies
- Place is still considered inhabited if the resident is temporarily
away or is not there when the robbery happened
- Dependency
o Must be contiguous to the building
o Must have an interior entrance connected to it
o Must form part of the whole structure
- Orchards and other lands used for cultivation are NOT
dependencies
302. Robbery in an uninhabited place
Offender has entered an uninhabited place or building that is not a
dwelling, public building or edifice devoted to private worship and the
following circumstances are present:
- Through an opening not intended for entrance or egress
- By breaking any wall, roof or floor or breaking any door or
window
- By using false keys, picklocks or similar tools
- Breaking of doors, wardrobes, chests or any other locked or
sealed furniture or receptacle
- By taking such furniture or objects away even if the same be
broken open elsewhere
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 o Actual opening necessary
303. Robbery of cereals, fruits or firewood in an uninhabited place or
private building (penalty lower by one degree)
304. Possession of picklocks or other similar tools
- Offender possesses picklocks or similar tools
- That are especially adopted for committing robbery
- Offender has no lawful cause for such possession
305. False keys
- Tools mentioned in the next preceding article
- Genuine keys stolen from the owner
- Any keys other than those intended by the owner for use in the
lock forcibly opened by offender
308. Theft
Committed by any person who
- With intent to gain but without violence against or intimidation of
persons nor force upon things, takes property of another without
the latter’s consent
- Finds lost property and fails to deliver the same to the local
authorities or the owner.
o Must prove
 Time of seizure of the thing
 It was a lost property belonging to another
 Accused had the opportunity to return it or
deliver to the authorities but had refrained from
doing so
o The finder in law or the authority to whom the lost
property was given and who subsequently does not
return it to the owner is guilty of theft
- After having maliciously damaged the property of the another,
removes or makes use of the fruits or object of such damage
- Enters an enclosed estate or a field where trespass is forbidden or
which belongs to another, and without the consent of the owner
shall hunt or fish upon the grounds or gather fruits, cereals or
other forest or farm products
1. Taking = placing the object of the theft under the offender’s
control
2. Personal property includes electricity and gas which can be
bought and sold and can be appropriated by another.
3. Consent not the same as the mere lack of opposition of the owner
of the property taken
4. Robbery = taking against the will of the owner BUT theft = taking
without the consent
5. Presumption that the person who possesses recently stolen
property is the thief
309. Penalties
- PM = property stolen is worth more than 12-22k but if the stolen
property is more than 22k, add one year for every additional 10k
value BUT should not exceed 20 years
- PC med-max = value is more than 6-12k
- PC min-med = value is more than 200-6k
- AM med-PC min = more than 50-200 pesos
- AM max = value over 5 pesos – 50 pesos
- AM min-med = less than 5 pesos
310. Qualified theft
Next higher by two degrees if
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 - Committed by a domestic servant
- With grave abuse of confidence
- If property stolen is
o Motor vehicle (carnapping)
o Mail matter
o Large cattle
- Property stolen consists of coconuts taken from the premises of a
plantation
- Fish from a fishpond or fishery
- Taken on the occasion of a fire, earthquake, typhoon, volcanic
eruption or any other calamity, vehicular accident or civil
disturbance
311. Theft of property of the National Library or Museum
312. Occupation of real property or usurpation of real rights in property
- Offender takes possession of any real property or usurps any real
rights in property
- But real property or real rights belong to another
- Violence against or intimidation of persons is used by offender
o Only civil liability if these are not present
o Must occur at the time of the occupation or usurpation
and not subsequent to it.
- There is intent to gain
313. Altering boundaries or landmarks
- That there be boundary marks or monuments of towns, provinces
or estates, or any other marks intended to designate the
boundaries of the same
- Offender alters the marks (no intent to gain necessary)
314. Culpable insolvency
- Offender is a debtor with an obligation that is already due
- He absconds with his property (real or personal)
- To the (actual) prejudice of his creditors
315. Swindling (estafa)
Penalties based on the amount of fraud
- PC max to PM min = more than 12k but not 22k
- PC min to med = more than 6k-12k
- AM max to PC min = more than 200-6k
- AM med to max = does not exceed 200 pesos in the following
circumstances
Subdivision 1: With unfaithfulness or abuse of confidence
- By altering the substance, quantity or quality of anything of value
which the offender shall deliver by virtue of an obligation to do so,
even though such obligation be based on an immoral or illegal
consideration
- By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the
offender in trust, or on commission or for administration, or
under any other obligation involving the duty to make delivery of,
or to return the same, even though such obligation be totally or
partially guaranteed by a bond; or by denying having received
such money, goods, or other property
- By taking undue advantage of the signature of the offended party
in blank, and by writing any document above such signature in
blank, to the prejudice of the offended party or any third person
Subdivision 2: By any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of fraud:
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 - By using fictitious name or falsely pretending to possess power, 250 Penalty for frustrated, parricide or murder
influence, qualifications, property, credit, agency, business or 251
imaginary transactions; or by means of other similar deceits 252
253
- By altering the quality, fineness or weight of anything pertaining
254
to his or her art or business 255
- By pretending to have bribed any government employee, without
prejudice to the action for calumny, which the offended party may
deem proper to bring against the offender. Penalty is maxed
- BP 22
- By obtaining any food, refreshment or accommodation at any
establishment offering the same and without paying for it, with
intent to defraud the manager or proprietor OR by obtaining
credit at such establishment by the use of any false pretense OR
by abandoning or surreptitiously removing any part from his
baggage at such establishment after obtaining credit without
paying for his food, etc

Subdivision 3: Through any of the following fraudulent means

- By inducing another, by means of deceit to sign any document

- By resorting to some fraudulent practice to insure success in a
gambling game
- By removing, concealing or destroying in whole or in part any
court record, office files, document or any other papers.

Provisions
Against persons

246 Parricide
247 Death or physical injuries inflicted under exceptional
248 Murder
249 Homicide

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