Title Four

CRIMES AGAINST PUBLIC INTEREST

1. What is counterfeiting? Counterfeiting is committed when a legal tender or coin is forged, or it is made
without being authorized by the Central Bank of the Philippines. Counterfeiting is means that the legal or
genuine coin (or legal tender) has been imitated

2. When is counterfeiting not a forgery? “Counterfeiting” will not be classified as a forgery when the said
counterfeit has not imitated the particular design of the thing forged and hence cannot be uttered.

3. How is forgery committed? Forgery is committed 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. Thus,
when a person prints a check with the appearance and format of a genuine one and pays another using it,
he has committed forgery.

4. What is the difference between forgery and falsification? “forgery” pertains to counterfeiting of
treasury or bank notes or any other instruments payable to the bearer or to order, while “falsification”
pertains to the acts of erasing, substituting, counterfeiting or altering by any means the figures, letters,
words or sign contained therein. When a person prints a check and made it look genuine and used it on
commerce, there is forgery; when he takes hold of a genuine check and alters the letters or words in it to be
made payable to him, there is falsification.

5. What is a document? What are the kinds of documents? A document is a written instrument wherein a
fact may be proved or affirmed; it may contain the right or obligations of any party. The kinds of
documents are:

a) public documents – is a document created or executed or issued by a public official by reason of

exigencies of public service; it is any instrument authorized by a notary public or a competent public
official

b) official documents – is a document issued by a public official in the exercise of the functions of his office

c) private documents – is a document executed by a private person without being made public by a
notary public

d) commercial documents – are documents used in business by businessmen or merchants to facilitate

trade; this includes letters of credit and any negotiable instrument.

6. How is a document falsified? What are the five classes of falsification?

A document may be falsified through the following:
a. Counterfeiting or imitating a handwriting or signature
b. Causing to appear that persons have participated in any proceeding when they have not
c. Attributing to those who indeed have participated an act or proceeding which they have not made
d. Making untruthful statements in a narration of facts
e. By changing the dates
f. By making any changes or alteration in a genuine document which changes its meaning
g. Issuing a copy of a purported original document when not exists, or including a statement in the
said copy which is different from the original
h. By including any note in relation to the issuance of a protocol or registry

The five classed of falsification are:

 i. Falsification of legislative documents
j. Falsification of a document by a public officer or employee or notary public
k. Falsification of a public or official or commercial document by a private person
l. Falsification of a private document by any person
m. Falsification of wireless, telegraph, and telephone messages

7. Is proof of damage or intent to cause damage to another person necessary in falsification of Public
Document or Official Document? How about in falsification of Private Document?

No, proof of damage or intent to cause damage to another person is not necessary when the falsification
was made on a public or official document. What is being punished in falsification of public or official
documents is the violation of the public faith and the tainting of the truthfulness of the said documents
which are supposed to be solemn.

However, proof of damage is required when the falsified document is a private document. When an
individual falsified a private document and destroys it right after, it causes no prejudice to another, hence
there is no crime. However, when the offender does not desist, and in fact pursues his evil intent by making
use of the falsified private document to the prejudice of another, then proof of damage or intent to cause
damage is material.

8. Is good faith a defense in falsification in Public Document or Official Document? How about in
falsification of Private Document??

Yes, good faith or the lack of intent or malice in falsifying public document may be invoked as a defense. In
a case where the deceased failed to sign the deed of sale, but the heirs gave authority to the person who
made the signature of the deceased on the deed of sale or public document, then that person did not act
with malice as in fact he obtained consent or had been authorized by the heirs.

Yes, good faith or lack of intent or malice in falsifying a private document may also be invoked as a defense
in the crime of falsification of private documents. An element of this crime is the presence of the intent to
cause damage to another; if the accused successfully established that he had no intent to cause damage and
in fact acted in good faith, then there is no crime.

9. What is the presumption of the law with regard to the person in possession of a falsified document?
The law presumes that the person in possession of the falsified document is the author of the falsification,
especially when the offender has failed to offer any sufficient explanation as to its possession.

10. What are the punishable acts under Art. 171 of the RPC?
a. Counterfeiting or imitating a handwriting or signature
b. Causing to appear that persons have participated in any proceeding when they have not
c. Attributing to those who indeed have participated an act or proceeding which they have not made
d. Making untruthful statements in a narration of facts
e. By changing the dates
f. By making any changes or alteration in a genuine document which changes its meaning
g. Issuing a copy of a purported original document when not exists, or including a statement in the
said copy which is different from the original
h. By including any note in relation to the issuance of a protocol or registry

11. Read Enemecio vs. OMB [2004] Leave form is a public document, No falsification of leave forms Cannot be
held liable absent any law imposing legal obligation to state something in an official document.
12. People v. Yanza [1960] T h e p r o v i n c i a l f i s c a l f i l e d a n information charging the accused
withfalsification because in her certificate o f c a n d i d a c y f o r t h e p o s i t i o n o f c o u n c i l o r ,
s h e h a d “ w i l l f u l l y a n d unlawfully” made the false statementthat she was eligible to the office
whenshe knew full well that she was not.HELD: When the accused certified shew a s e l i g i b l e f o r t h e
p o s i t i o n , s h e practically wrote a conclusion of laww h i c h t u r n e d o u t t o b e i n e x a c t
o r erroneous but not entirely groundless;hence, she is not guilty of falsificationof a public document;
Actual criminalintent to falsify is wanting in this case.
13. Caubang v. People [1992] - In the more recent (1992) Caubang v. People,[149] the accused - who claimed to
have the authority to transact (in behalf of an entity) with a government agency in Manila - attempted to
overthrow the presumption of authorship against him by alleging intervening circumstances from the time
he arrived in Manila until the transaction with the government agency was made. The accused claimed the
he did not carry the forged document when he arrived in Manila and that third persons (including a “fixer”)
actually transacted with the government. Allegedly, these claims disproved that he had any knowledge or
inference in the making of the submitted forged document. Rejecting this claim, the Court ruled that:  

[U]tilizing a fixer as part of the scenario becomes a convenient ploy to divert the mind of the court from the
more plausible inference that the accused-petitioner engineered the spurious [document].

xxxx

Even if the allegation that some other person [did the transaction] was true, the accused-petitioner would
still be subjected to the same conclusion.

xxxx

Having been the one responsible for the filing of the registration papers, including the means he felt
necessary to accomplish the registration, the accused must likewise be accountable therefor. As the
authorized representative, he is deemed to have been the one in custody or possession, or at least the one
who has gotten hold even for a short while, of the papers which included the [falsified document]. That he
knew of the execution of the statement is a possibility not too difficult to imagine under the circumstances.

       x x x x

The [submission] of the previously inexistent document [with the government] subjects the accused-
petitioner to the inference that he used it as part of the registration papers. In the absence of a credible and
satisfactory explanation of how the document came into being and then filed with the [government
agency], the accused is presumed to be the forger [.] [150] (italics supplied)

14. What is the difference between making untruthful statements and perjury?

In making untruthful statements, the offender makes false testimony while being under oath and required
to testify at a hearing before a competent authority.

On the other hand, perjury is making a false testimony while being under oath, or is the making of a false
affidavit involving any material matter, before a competent person authorized to administer an oath in
cases in which the law requires.

The difference is that perjury pertains to false testimony over a material matter, while making untruthful
statements can be anything other than the material matter.

15. What are the punishable acts under Art. 172 of the RPC? The acts punished under Art. 172 are as
follows:
 a. The falsification of public, official or commercial document by a private individual
b. The falsification of a private document
c. The use of any falsified document

16. Is there a complex crime of estafa through falsification of a private document?

No, there is no complex crime of estafa through falsification of a private document.

One of the elements of falsification of private documents is the intent to cause damage to another. If the
falsified private document indeed resulted to prejudice of a third person, then in effect it is estafa.
Therefore, falsifying the private document cannot complex estafa because the latter is the result of the
former.

17. How do you then determine which crime must be alleged in the complaint?

The main consideration in alleging the proper crime in the complaint is whether the falsification of a
private document was committed either to pursue estafa or conceal a consummated estafa.

If the falsification of a private document was committed first prior to estafa, then the proper crime to be
alleged is falsification of private document because the estafa is the result of the falsification.

If falsification of a private document was committed to conceal an estafa, it means the estafa was already
consummated, hence the proper crime is estafa.

18. What are the distinctions between falsification of public document and private document?

The distinctions are as follows:

In falsification of a public document: a) the offender is a private individual or a public officer not entrusted
with such document b) the nature of the document falsified is a public or official or commercial document
and c) damage or intent to cause damage is not necessary and d) good faith is a defense.

In falsification of a private document: a) the offender can be any person, b) the nature of the document
falsified is a private document, c) damage or intent is necessary and d) good faith or lack of intent or malice
may be a defense.

19. When is the user of the falsified document deemed to be the author of the falsification? What crime
should the user of falsified document be charged with?

The possessor of the falsified document is presumed to be the author of such falsification when he has
failed to offer a sufficient explanation as to the possession of such.

If a person used the falsified document, he shall be liable under Art. 172, par. 2 of the RPC. The specific
article punishes any person who shall use any false documents indicated in Art. 171 if done with the intent
to cause damage to another.

20. What are the offenses contemplated in Art. 177? State the differences between them?

The offenses in the said article are as follow:

1) By knowingly and falsely representing himself to be an officer, agent, or representative of any
department or agency of the Philippines or of any foreign government
 2) With pretense of official position, by performing any act pertaining to any person in authority or public
officer of the Philippines of any foreign government or any agency thereof without being entitled to do
so.

The difference between the two is that in the former, mere representation (should be positive representation)
and doing it knowingly and falsely constitutes the crime; in the latter, the offender must perform acts to
constitute the crime.

21. What are the distinctions between using fictitious name and concealing true name?

In using fictitious name: the offender uses another name other than his real name, that he uses it publicly,
and for the purpose of concealing a crime / evade execution of judgement / cause damage to public
interest.

In concealing his name: the offender does not use any other name but instead conceals his real name and
all other personal circumstances, there is no publicity, and his purpose is to conceal his identity.

22. How is false testimony committed? What are the three forms of false testimony?

False testimony is committed when a person under oath and is required to testify as to the truth of a
certain matter in a hearing or proceeding before a competent authority, shall deny the truth or claim
something to the contrary.

The three forms of false testimony are as follows:

False testimony in criminal cases
False testimony in civil cases
False testimony in other cases

The difference of the 3 arise from the nature of the proceedings in which the false testimony was made.

23. What is perjury? What are the distinctions between perjury and false testimony?
Perjury is a crime other than false testimony under Arts. 180 to 182; it is an offense which covers false
oaths not taken in the course of judicial proceedings. Whereas False Testimony1. There is a criminal
Proceeding; 2. Offender Testifies falsely under oath against the defendant therein; 3. Offender Knows that
it is false; 4. Defendant against whom the false testimony is given is either Acquitted or convicted in a final
judgment.
----Perjury, in this country, refers to proceedings that are not judicial in nature; while false testimony is
given in a judicial proceeding. False testimony is punished even if the testimony is not required by law; in
perjury, the statement or testimony is required by law.

In perjury, the amount involved is immaterial; in false testimony in civil cases, the amount involved is
material. Finally, in perjury, it is immaterial whether there was advantage to the defendant; in false
testimony, whether or not the testimony is favorable is material for conviction.

24. What are the provisional remedies that may be availed of for the enforcement of AMLA?
a. Warning;
b. Compliance letter;
c. Notarized compliance commitment;
d. Look back;
e. Compliance testing;
f. Audit by an independent external auditor;
 g. Restitution of funds or property; and
h. Public advisory.
Rule 15.b. Provisional Remedies Application; Exception. – Rule 15.b.1. - The AMLC may apply, in the
course of the criminal proceedings, for provisional remedies to prevent the monetary instrument or
property, including related accounts, subject thereof from being removed, concealed, converted,
commingled with other property or otherwise to prevent its being found or taken by the applicant or
otherwise placed or taken beyond the jurisdiction of the court. Rule 15.b.2. Where there is conviction for
money laundering under Section 4 of the AMLA, as amended, the court shall issue a judgment of
forfeiture in favor of the Government of the Philippines with respect to the monetary instrument or
property, including related accounts, found to be proceeds of one or more unlawful activities.

Title Thirteen
CRIMES AGAINST HONOR

1. What are the different crimes of defamation? How are they committed?
- Libel is a 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 dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead. Libel is a defamation
committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or
theatrical or cinematographic exhibition, or any similar means.
- Slander It is a libel committed by oral (spoken) means, instead of in writing. Also defined as the
speaking base and defamatory words which tend to prejudice another in his reputation.
- Slander by deed is a crime against honor which is committed by performing any act which casts
dishonor, discredit, or contempt upon another person.
- Incriminating innocent person. - Any person who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of a crime
- Intriguing against honor Any scheme or plot which may consists of some trickery. Any person who
shall make any intrigue which has for its principal purpose to blemish the honor or reputation of
another person.

2. Who are the persons liable for the crime of libel?

1. Person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or
similar means; 2. Author or editor of a book or pamphlet; 3. Editor or business manager of a daily
newspaper magazine or serial publication; or 4. Owner of the printing plant which publishes a libelous
article with his consent and all other persons who in any way participate in or have connection with its
publication.

Those who are responsible for libel, or defamation in general, would be any person who shall publish,
exhibit, or cause their publication or exhibition; the author or editor of a book or pamphlet, the editor or
business manager of the newspaper or magazine or serial publication, and the publisher or owner of the
printing plant which published the libelous material.

3. What are the essential elements of libel?

The essential elements of libel are as follows:

a) That there be an imputation of a crime, a vice or defect whether real or imaginary, or an act or
omission, status or circumstance
b) That the imputation be made publicly
c) That the imputation is directed to a natural or juridical person or a deceased person
d) That the imputation be done to cause discredit, dishonor, or contempt of the person deceased
4. What constitutes publication? What is the multiple publication rule?
The element of publication is satisfied when, after writing the defamatory matter, the same is made known
to someone other than the person to whom it is being pertained to. If the statement is sent straight to a
person for whom it is written there is no publication of it. Each and every publication of the same libel
constitutes a distinct offense. Stated succinctly, every time the same written matter is communicated such
communication is considered a distinct and separate publication of the libel.

5. What are the types of malice? How are they proved?

Malice may be malice in fact or malice in law.

Malice in fact is proven by proof of ill-will, hatred, spite, or purpose to injure by the offender. The manner
of proving ill-will or hatred of purpose to injure may be proved by extrinsic evidence showing that the
accused held a grudge against the offended party or the defendant simply had the intention to injure the
offended party.

Malice in law is not needed to be proved but is already presumed when there is defamatory imputation,
except when they are made in absolute or conditional privileged communications.

6. What are the possible defenses in an action for libel?

One of the defenses that can be raised would be that the statements allegedly defamatory were made in a
privileged communication, whether absolute or conditional.

Another defense is by invoking the doctrine of fair comment which means that the discreditable
imputation to a public official is not actionable if they were not based on false allegations or false
supposition of facts. If they were made based on false grounds and the offender knows such were false,
only then that this defense is defeated.

7. What are privileged communications? What are the classes of privileged communications?
A privileged communication or statement, in the law of libel and slander, is one which, except for the
occasion on which or the circumstances under which it is made, would be defamatory and actionable.
Privileged communications are divided into two general classes, namely: (1) those which are
absolutely privileged; and (2) those which are qualifiedly or conditionally privileged, as defined in
subsequent sections.

8. Distinguish absolute privileged communications and qualified privileged communications. What do

qualifiedly privileged communications include?
1. Absolutely Privileged –those which are not actionable even if the actor acted in bad faith. 2. Qualifiedly
Privileged - defamatory imputations are not actionable unless found to have been made without good
intention or justifiable motive. To this genre belong “private communications” and “fair and true report
without any comments or remarks.”
9. What are the kinds of oral defamation?
1. Simple slander; and 2. Grave slander, when it is of a serious and insulting nature. The imputation, of
course, must be verbally made or uttered. The slanderous remarks need not to be heard by the offended
party as long as they are uttered in the presence of a third person. Elements: 1. There must be an
imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or
circumstances; 2. Imputation must be made publicly; 3. The imputation must be malicious; 4. The
imputation must be directed at a natural or juridical person, or one who is dead; and 5. The imputation
must tend to cause dishonor, discredit or contempt of the person defamed
10. Is the expression "p... i.. mo" defamatory?
 Putang Ina Principle - Reyes vs. People - This is a common enough expression in the dialect that is often
employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its
literal sense by the hearer, that is, as a reflection on the virtues of a mother. In the instant case, it should be
viewed as part of the threats voiced by appellant against Agustin Hallare, evidently to make the same more
emphatic.
11. How should imputations against public figures be treated
CRIMES AGAINST PERSONS
Article 246. Parricide. - Any person who shall kill his father, mother, or child (should not be less than 3 days old,
otherwise crime is infanticide, An adopted child is not covered by parricide.), whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse (Muslim husbands with several wives can be convicted of
parricide only in case the first wife is killed.), shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.

Parricide thru reckless imrpudence, Simple imprudence or negligence. Not punished by

reclusion perpetua to death.

Parricide by mistake - exists because knowledge of relationship is not required in parricide.

Parricide by omission - Ex: Abandoning a minor.

Stranger cooperating in parricied is guilty of homicide or murder as the case may be.

Brothers/Sisters not covered by Parricide.

Q: Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What are the
crimes committed?A: The husband is liable for parricide as principal by inducement. The hired killer is liable for
murder. The personal relationship of the husband to wife cannot be transferred to a stranger.
Q: Suppose A, an adopted child of B, killed the latter's parents. Will A be liable for parricide?A: NO. An adopted
child is considered as a legitimate child BUT since the relationship is exclusive between the adopter and the
adopted, killin g the parents of the adopter is not considered as parricide of other legitimate ascendants.

Article 247. Death or physical injuries inflicted under exceptional circumstances. - Any legally married person
(excludes common-law relationship) who having surprised his spouse (and unmarried daughter under 18 years
old) in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the
act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of
destierro. LIABLE PERO DESTIERRO LANG

The act done must be a: a. Direct result of the outrage of the cuckolded spouse (proximate cause of
the outrage; and b. Continuous act from the moment of the surprising.

Q: When third persons are injured in the course of the firing at the paramour, will the offending spouse be free
from criminal liability? A:The offender can be held liable for serious physical injuries through simple imprudence
or negligence.The offender cannot therefore be held liable for frustrated murder for the serious injuries suffered
by third persons.

Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with
any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with
the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford
impunity. 2. In consideration of a price, reward, or promise. 3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship,
by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. On occasion
of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity. 5. With evident premeditation. 6. With cruelty, by
deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
 General Rule: Offender must have intent to kill to be liable for murder.Exception: In murder
qualified by treachery, it is required only that there is treachery in the attack, hence, there is murder even if
offender has no intent to kill the person assaulted.

Principal by induction for those who gave price, reward, or promise. Principal by direct
participation for those who received. Both are guilty of murder.

Nocturnity or night time can be a method or form of treachery. In such case, it is treachery, not night
time that is qualifying.

Killing by Fire

● If the primordial criminal intent of the offender is to kill and fire was only used as a means to do so, the
crime is only murder.

● If the primordial criminal intent of the offender is to destroy property with the use of pyrotechnics
and incidentally, somebody within the premises is killed,the crime is arson with homicide, a single indivisible
crime penalized under Art. 326, which is death as a consequence of arson.

1. If there are more than one alleged in the information for murder, only one will qualify the killing to
murder and the other circumstances will be taken as generic aggravating circumstance. When the other
circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic
aggravating.

WHEN TREACHERY EXISTS IN THE CRIME OF MURDER1. The malefactor employed such means,
method or manner of execution to ensure his or her safety from the defensive or retaliatory acts of the victim; 2.
At the time of the attack, the victim was not in a position to defend himself; and 3. The accused consciously and
deliberately adopted the particular means, methods, or forms of attack employed by him.

REQUISITES OF EVIDENT PREMEDITATION1. Time when the accused decided to commit the crime;2.
Overt act manifestly indicating that he clung to the determination; and 3. A sufficient lapse of time between the
decision and execution, allowing the accused to reflect upon the consequences of his act.

Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.

ELEMENTS: 1. Person was Killed;2. Offender killed him without any Justifying circumstances; 3.
Offender had the Intention to kill 4. Killing was not attended by any of the Qualifying circumstances of
murder, or by that of parricide or infanticide.

Evidence to show INTENT TO KILL is important only in attempted or frustrated homicide. This is
because if death resulted, intent to kill is conclusively presumed.

Accidental Homicide It is the death of a person brought about by a lawful act performed with
proper care and skill and without homicidal intent, there is no felony.

Use of unlicensed firearm is aggravating not separate crime.

Q: X, a pharmacist, compounded and prepared the medicine on prescription by a doctor. X erroneously

used a highly poisonous substance. When taken by the patient, the latter nearly died. The accused was
charged with frustrated homicide through reckless imprudence. Is the charge correct?A: NO, it is error to
convict the accused of frustrated homicide through reckless imprudence. He is guilty of physical injuries
through reckless imprudence. The element of intent to kill in frustrated homicide is incompatible with negligence
or imprudence. Intent in felonies by means of dolo is replaced with lack of foresight or skill in felonies by
culpa.

Q: Supposing Pedro was found on the street dead with 30 stab wounds at the back. A witness said that he
saw Juan running away carrying a bladed weapon. What crime was committed by Juan?A: Homicide and not
murder. Even if the stab wounds were found on the back of Pedro, it is not conclusive of the presence of the
qualifying circumstance of treachery. Further, the witness merely saw Juan running. He must have seen the
infliction of the wound.NOTE: For treachery to be appreciated, it must be present and seen by the witness
right at the inception of the attack.

Article 251. Death caused in a tumultuous affray. - When, while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can
be identified, such person or persons shall be punished by prision mayor.If it cannot be determined who inflicted
the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum
periods shall be imposed upon all those who shall have used violence upon the person of the victim. NOTE: It
exists when at least four persons took part.

Presence of Conspiracy If there is conspiracy, this crime is not committed. The crime would be
murder or homicide.

It is essential that the persons involved did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally. In this case, there is no tumultuous affray since the participants
in the rumble belong to organized fraternity.The quarrel in the instant case is between a distinct group of
individuals, one of whom was sufficiently identified as the principal author of the killing, as against a
common, particular victim

Article 252. Physical injuries inflicted in a tumultuous affray. - When in a tumultuous affray as referred to in
the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person
responsible thereof cannot be identified, all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so
inflicted.When the physical injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be
punished by arresto mayor from five to fifteen days.

Article 253. Giving assistance to suicide. - Any person who shall assist another to commit suicide shall suffer the
penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he
shall suffer the penalty of reclusion temporal.However, if the suicide is not consummated, the penalty of arresto
mayor in its medium and maximum periods, shall be imposed.NOTE: The person who commits suicide is not
criminally liable because society has always considered a person who attempts to kill himself as an
unfortunate being, a wretched person more deserving of pity rather than of penalty. ; only the person
assisting him or her.A doctor who resorts to EUTHANASIA of his patient may be liable for murder. But if
the patient himself asks to be killed by his doctor, this Article applies.

Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the
penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the
act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a
higher penalty is prescribed by any of the articles of this Code. NO ATTEMPTED STAGE. ALARM AND SCANDAL
PAG SA TAAS ANG BARIL. TO INTIMIDATE A PERSON PAG TO COMPEL GRAVE COERCION YUN. PAG
INTIMIDATION AMOUNTING TO A CRIME GRAVE THREATS SYA.

Offender has No intention to kill that person. If there is it can be attempted parricide, murder,
or homicide.

The crime is the discharge of firearm, even if the gun was not pointed at the offended party when
it fired, as long as it was initially aimed by the accused at or against the offended party.

If Offended Party is Hit and Wounded. If in the discharge of a firearm, the offended party is hit
and wounded, there is a complex crime of discharge of firearm with serious or less serious physical injuries.

Animus Interficendi. Intent to kill or animus inteficendi cannot be automatically drawn from the
mere fact that the use of firearms is dangerous to life. Animus interficendi must be established with the
same degree of certainty as is required of the other elements of the crime.

A discharge towards the house without knowing where in the part of the house the people inside were, is
only alarm under Art 155.

Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill ANY CHILD LESS THAN THREE DAYS OF AGE. If the crime penalized in
this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the
penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same
purpose by the maternal grandparents or either of them, the penalty shall be prision mayor. INFANTICIDE IS THE
KILLING OF ANY CHILD LESS THAN THREE DAYS OF AGE OR 72 HOURS OF AGE, WHETHER THE KILLER IS
PARENT OR GRANDPARENT, ANY OTHER RELATIVE OF THE CHILD, OR A STRANGER. KAPAG ON THE 3rd
OR MORE DAY MURDER SYA MATIC.

PERSONS LIABLE: 1. Father or mother of the child, whether legitimate or illegitimate; or 2. Any other
legitimate ascendant of the child.

OTHER PERSONS WHO COOPERATE - Others who cooperate with the mother or grandparent for
killing a child less than 3 days old will suffer the penalty for murder.

If the offender is not so related to the child, although the crime is still infanticide, the penalty
corresponding to murder shall be imposed. Or the penalty of parricide if there is relationship.

Art 41 CC. -For civil purposes, the foetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty- four hours after its complete delivery from
the maternal womb.

Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:1. The
penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.2. The penalty
of prision mayor if, without using violence, he shall act without the consent of the woman.3. The penalty of prision
correccional in its medium and maximum periods, if the woman shall have consented. PRE NATAL AT POST
NATAL DEATH.

NOTE: The basis of this article is Art. 2, Sec. 12 of the Constitution, which states that “The State shall
equally protect the life of the mother and the life of the unborn from conception”

Punishable Acts - 1. Use of Violence upon the pregnant woman;2. Acting, but without using violence
and without the consent of the woman. (e.g., by administering drugs or beverages upon such pregnant
woman without her consent.)3. Acting (by administering drugs or beverages), With the consent of the
pregnant woman.

Persons liable for intentional abortion - 1. The person who actually caused the abortion under Art.
256; and2. The pregnant woman if she consented under Art. 258.

Frustrated Abortion - Committed if the fetus that is expelled is viable and, therefore, not dead.
 Complex Crime of Murder/Physical Injuries and Abortion - If the mother as a consequence of
abortion suffers death or physical injuries, there is a complex crime of murder or physical injuries and abortion.

Impossible Crime - If the woman turns out not to be pregnant and someone performs an abortion
upon her, he is liable for an impossible crime if the woman suffers no physical injury.

If the fetus lives - determine if there is intent to abort. If with intention, frustrated intentional abortion. If
without intention, physical injuries.

Q: Suppose the mother as a consequence of abortion suffers death or physical injuries, what crime is
committed? A: The crime is complex crime of murder or physical injuries with abortion. Q: If despite the
employment of sufficient and adequate means to effect abortion, the fetus that is expelled from the maternal
womb is viable but unable to sustain life outside the maternal womb, what crime is committed?A: THE
CRIME IS FRUSTRATED ABORTION BECAUSE ABORTION IS CONSUMMATED ONLY IF THE FETUS DIES
INSIDE THE WOMB.NOTE: But if the e expelled fetus could sustain life outside the mother’s womb, the
crime is already infanticide.

Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period
shall be imposed upon any person who shall cause an abortion by VIOLENCE, but unintentionally.

Elements:1. There is a Pregnant woman;2. Violence is used upon such pregnant woman without
intending an abortion;3. The violence is Intentionally exerted;4. Result of violence – fetus Dies, either in the
womb or expelled therefrom.

Killed by Husband If the pregnant woman was killed by violence by her husband, the crime committed
is the complex crime of parricide with unintentional abortion.

Accused has knowledge as to the pregnancy of the woman (MAY OR MAY NOT HAVE KNOWLEDGE).
Intention may be inferred from the condition of the pregnant woman (pregnancy is noticeable).

Illustration: Unintentional abortion requires physical violence inflicted deliberately and

voluntarily by a third person upon the person of the pregnant woman. Hence, if A pointed a gun at a pregnant
lady, who became so frightened, causing her abortion, he is not liable for unintentional abortion, as there was no
violence exerted. If he intended the abortion however, the crime committed is intentional abortion. The
force or violence must come from another. Mere intimidation is not enough unless the degree of
intimidation already approximates violence.

Q: Suppose a pregnant woman decided to commit suicide by jumping out of the window of the
building but landed on a passerby, she did not die but abortion followed. Is she liable for unintentional
abortion? A: NO, because what is contemplated is that the force or violence must come from another person.
In this case, when the woman tried to commit suicide but did not die, the attempt to commit suicide is
not a felony under the RPC.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional
in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself
or shall consent that any other person should do so. Any woman who shall commit this offense to conceal her
dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.If this crime be
committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman
for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its
medium and maximum periods.

Elements:1. There is a Pregnant woman who suffered an abortion; n. Article 259 - Abortion by a 2.
Abortion is Intended;3. Abortion is Caused by –a. Pregnant woman Herself;b. Any other person, with her
Consent; orc. Any of her Parents, with her consent for the purpose of concealing her dishonour.
 Liability: a. Pregnant Woman – under (a), (b), (c); liable under this Article b. Third Person - under (b);
liable under Art. 256 (Intentional Abortion)c. Parents – if the parents acted with the pregnant woman’s consent
under (c) to conceal her honor, they are also liable under this article.

Mitigating Circumstances Penalty of pregnant woman is mitigated if her purpose is to conceal her
dishonor. [RPC, Art. 258(2)] There is no mitigation for parents of the pregnant woman even if the purpose is to
conceal dishonor in abortion, unlike in infanticide.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties
provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who,
taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Any
pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.

It is not necessary that the pharmacist knows that the abortive would be used to cause an
abortion.What is punished is the dispensing of the abortive without the proper prescription. It is not
necessary that the abortive be actually used either.

Article 260. Responsibility of participants in a duel. - The penalty of reclusion temporal shall be imposed upon
any person who shall kill his adversary in a duel.If he shall inflict upon the latter physical injuries only, he shall
suffer the penalty provided therefor, according to their nature.In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries have been inflicted.The seconds shall in all events be
punished as accomplices.

Modes: 1. Killing one’s adversary in a Duel; 2. Inflicting upon such adversary physical injuries; or 3.
Making a Combat although no physical injuries have been inflicted.

A mere fight as a result of an agreement is not necessarily a duel because a duel implies an agreement
to fight under determined conditions and with the participation and intervention of seconds who fixed the
conditions.

Persons Liable: 1. The person who Killed or inflicted physical injuries upon his adversary, or both
combatants in any other case, as principals. 2. The Seconds, as accomplices.

Pre-Concerted Agreement to Fight Self-defense cannot be invoked if there was a pre-concerted

agreement to fight, but if the attack was made by the accused against his opponent before the appointed place
andtime, there is an unlawful aggression, hence, self_defense can be claimed.

Article 261. Challenging to a duel. - The penalty of prision correccional in its minimum period shall be imposed
upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff
at or decry another publicly for having refused to accept a challenge to fight a duel.

Modes: 1. Challenging another to a duel;2. Inciting another to give or accept a challenge to a duel;
or3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

Challenging to Duel Different from Challenging to Fight - The person making the challenge must have
in mind a formal combat to be concerted between him and the one challenged in the presence of two or
more seconds.

Q: Suppose one challenges another to a duel by shouting "Come down, Olympia, let us measure your
prowess. We will see whose intestines will come out. You are a c oward if you do not come down," is the crime
of challenging to a duel committed? A: NO. What is committed is the crime of light threats under Art. 285.

PHYSICAL INJURIES
Article 262. Mutilation. - The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any
person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential
organ of reproduction. Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods. AGE BELOW 12 YEARS MATIC RECLUSION PEPETUA.

INTENT - Offender must have the intention to deprive the offended party of a part of his body. If there is
no such intention, the crime will be serious physical injuries. PAG REPRODUCTIVE ORGAN MATIC MUTILITION.

Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of
the crime of serious physical injuries and shall suffer:1. The penalty of prision mayor, if in consequence of the
physical injuries inflicted, the injured person shall become INSANE, IMBECILE, IMPOTENT, OR BLIND;FORMAL
CRIME, NO STAGES (ATTEMPTED, FRUSTRATED) ONLY CONSUMMATED.

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical
injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have
become incapacitated for the work in which he was therefor habitually engaged

;3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical
injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body,
or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in
which he as habitually engaged for a period of more than ninety days; PAR 2 AND 3 DAPAT MAY TRABAHO
C OFFENDED PARTY.In par. 2 and 3, the offended party must have a vocation or work at the time of injury.

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more
than thirty days.If the offense shall have been committed against any of the persons enumerated in Article 246, or
with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1
of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the
case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case
covered by subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries
upon his child by excessive chastisement.

Intent to Kill In physical injuries, there must be no intent to kill, otherwise the crime is
frustrated/attempted murder or homicide as the case may be.

Q: If the offender repeatedly uttered “I will kill you” but he only keeps on boxing the offended party and
injuries resulted, what is the crime committed? A: The crime is only physical injuries not attempted or
frustrated homicide. Determining intent to kill Intent to kill must be manifested by overt acts. It cannot be
manifested by oral threats.

Qualifying circumstances of serious physical injuries 1. If it is committed by any of the persons

referred to in the crime of parricide; or 2. If any of the circumstances qualifying murder attended its commission.

Article 264. Administering injurious substances or beverages. - The penalties established by the next
preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict
upon another any serious, physical injury, by knowingly administering to him any injurious substance or
beverages or by taking advantage of his weakness of mind or credulity.

Elements: 1. Offender Inflicted any serious physical injury; 2. It was done by Knowingly administering to
him any injurious substance or beverages or by taking a dvantage of his weakness of mind or credulity; and 3.
There was no Intent to kill.
 NOTE: Art 264 does not apply when the Physical Injuries Resulted to Less Serious or Light as they will be
treated under Art. 265 or Art. 266, as the case may be.

Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for TEN DAYS OR
MORE, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries
and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the
injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor,
a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers,
or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon
such person.

No incapacity for labor or need of medical attendance, injuries healed less than 30 days = slight
physical injuries. Applies if the medical attention is for more than 10 days.

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party
for labor from ONE TO NINE DAYS, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries
which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat
another by deed without causing any injury.

Modes 1. Physical injuries incapacitated the offended party for labor from 1-9 days, OR required medical
attendance during the same period;2. Physical injuries did not Prevent the offended party from engaging in
his habitual work or did not require medical attendance; or3. Ill-treatment of another by deed without causing
any injury.

Duration of Incapacity or Medical AttendanceIn the absence of evidence as to the duration of the
offended party’s incapacity for labor or medical attendance, the crime is only slight physical injuries.

Supervening Event Converting the Crime - Supervening event converting the crime into serious physical
injuries after the filing of the information for slight physical injuries can still be the subject of amendment or of a
new charge. IBIG SABIHIN KAPAG LUMALA ANG NA INFLICT NA INJURY.

Slapping of Offended Party - General Rule: Slapping is a form of ill_treatment which is a form of
slight physical injuries.Exception: If the slapping is done to cast dishonor upon the person slapped, or to
humiliate or embarrass the offended party out of a quarrel or anger, the crime is slander bydeed.

"Article 266-A. Rape: When And How Committed. - Rape is committed:"1) By a man who shall have carnal
knowledge of a woman under any of the following circumstances:"a) Through force, threat, or intimidation;"b)
When the offended party is deprived of reason or otherwise unconscious;"c) By means of fraudulent
machination or grave abuse of authority; and"d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances mentioned above be present."2) By any person who,
under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting
his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.
 Kinds of rape under RA 8353 - 1. The traditional concept under Art. 335 – carnal knowledge with a
woman against her will. The offended party is always a woman and the offender is always a man.2. Sexual
assault – committed with an instrument or an object or use of the penis with penetration of the mouth or
anal orifice. The offended party or offender can either be a man or a woman, that is, if the woman or a man
uses an instrument in the anal orifice of a male, she or he can be liable for rape.

Rape may be committed notwithstanding the fact that persons involved are both males. RA
8353 provides that an act of sexual assault can be committed by any person who inserts his penis into
the mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person.
The law, unlike rape under Art. 266-A, has not made any distinction on the sex of either the offender or
the victim. Neither must the courts make such distinction.

In People v. Campuhan, it was held that touching when applied to rape cases does not simply mean mere
epidermal contact, stroking or grazing of organs, a slight brush or a scrape of the penis on the external layer of
the victim’s vagina, or the mons pubis. There must be sufficient and convincing proof that the penis
indeed touched the labias or slid into the female organ, and not merely stroked the external
surface thereof, for an accused to be convicted of consummated rape. Thus, a grazing of the surface of the
female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape.
Absent any showing of the slightest penetration of the female organ, i.e., touching of either labia of the
pudendum by the penis, there can be no consummated rape; at most, it can only be attempted rape, if not
acts of lasciviousness.

Effects of pardon on the criminal liability of the accused charged with rape (BAR 2002)1. The
offended woman may pardon the offender through a subsequent valid marriage, the effect of which would
be the extinction of the offender’s liability. In such case, it is the marriage that extinguishes the offender’s liability,
not because of the pardon which extinguished criminal liability only if granted before the institution of the
criminal case in court; or2. Similarly, the legal husband maybe pardoned by forgiveness of the wife provided that
the marriage is not void ab initio.Under the new law, the husband may be liable for rape, if his wife does not
want to have sex with him. It is enough that there is indication of any amount of resistance as to make
it rape.

INSTANCES TO CONSIDER THE CRIME AS QUALIFIED RAPE1. When by reason or on occasion of the
rape, a homicide is committed. (BAR 1998, 2009)2. When the victim is under 18 years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree,
or the common law spouse of the victim. NOTE: A step-brother or step-sister relationship between the offender
and the offended party cannot elevate the crime to qualified rape because they are not related either by blood or
affinity. The enumeration is exclusive. Hence, the common law husband of the victim’s grandmother is not
included. 3. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.4. When rape is committed in full view of the husband, parent, any of the
children or other relatives within the third civil degree of consanguinity. 5. When the victim is engaged in a
legitimate religious vocation or calling and is personally known to be such by the offender before or after
the commission of the crime. 6. When the victim is a child below 7 years old.7. When the offender knows that he
is inflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transferred
to the victim.8. When committed by any member of the AFP or paramilitary units thereof or the PNP or
any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate
the commission of the crime.9. When by reason or on occasion of the rape, the victim has suffered permanent
physical mutilation or disability.10. When the offender knew of the pregnancy of the offended party at the
time of the commission of the rape. 11. When the offender knew of the mental disability, emotional disorder,
and/or physical handicap of the offended party at the time of the commission of the crime.

RA 8353 – Anti-Rape Law of 1997

Article 266A – RAPE – THE ESSENCE OF RAPE IS THE ABSENCE OF CONSENT
Mode 1: Rape by Sexual Intercourse Elements: 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 woman is deprived of Reason or is otherwise unconscious; c. By means of
fraudulent Machination or grave abuse of authority; or d. WHEN THE WOMAN IS UNDER 12 YEARS OF
AGE (STATUTORY RAPE) OR IS DEMENTED.
Mode 2: Rape through Sexual Assault Elements: 1. Offender commits an act of Sexual assault; 2. Act is
committed by any of the following Means: a. By inserting his Penis into another person's mouth or anal
orifice; or b. By inserting any Instrument or object into the genital or anal orifice of another person; 3. Act
is accomplished under any of the following Circumstances: a. By using Force or intimidation; or b. When
the woman is Deprived of reason or otherwise unconscious; or c. By means of fraudulent Machination or
grave abuse of authority; or d. WHEN THE WOMAN IS UNDER 12 YEARS OF AGE OR DEMENTED.
STATUTORY RAPE - rape of a woman who is below 12 years of age; victim is conclusively presumed
incapable of giving consent to sexual intercourse with another.
RULE ON RESISTANCE General Rule: The law requires manifest and tenacious resistance. A verbal refusal
alone will not do. There must be physical struggle, taxing her powers to the utmost. Thus, mere initial
resistance of the offended party in rape cases is not enough. Exception: Where the victim resists, and the
resistance would be futile, even offering none at all does not amount to consent to thesexual assault. NOTE:
When the offender in rape has an ascendancy on influence over the girl i.e. a father over his daugher, it is
not necessary that she put up a determined resistance.

Article 266 - B – Qualified Rape

Qualifying Circumstances 1. If the victim: [18-C-7-M] b. Is under 18 yrs. old, & the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity w/in the 3rd civil degree, or the common law spouse of
the parent of the victim c. Is under the Custody of the police / military authorities / law enforcement agency d. Is a
religious and such legitimate vocation is known by the offender before or at the time of rape e. Is a child below 7
yrs. old; f. Suffered permanent or physical Mutilation or disability by reason or on the occasion of rape 2. If the
offender: a. Is afflicted with a Sexually transmissible disease & the virus / disease is transmitted to the victim; b. Is
a member of the AFP / PNP / any law enforcement agency / penal institution, & took advantage of his position; c.
Knew of the Pregnancy of the offended party at the time of the commission of rape; d. Knew of the Mental
disability, emotional disorder, or physical handicap of the offended party at the time of the commission of rape 3. If
Rape is committed in Full view of the spouse, parent, any of the children, or other relatives w/in the 3rd civil
degree of consanguinity.

Art. 266 - C - Effect of Pardon

The following shall extinguish the criminal action or the penalty imposed: 1. Subsequent valid marriage
between the offender and the offended party, but only as to the husband. 2. Subsequent forgiveness by the wife as
the offended party when the legal husband is the offender, provided their marriage is not void ab initio.
Applicability of Pardon; Only to Principals Pardon is not applicable to accomplices, accessories and
multiple rapes. Since rape is now categorized as a crime against persons, marriage extinguishes the penal
action only as to the principal. This does not apply where multiple rape was committed because while
marriage with one defendant extinguishes criminal liability, it cannot be extended to acts committed by
others.

Art. 266 - D – Presumptions

Evidence which may be accepted: 1. Any physical overt act manifesting resistance against the act of rape in
any degree from the offended party; or 2. Where the offended party is so situated as to render him/her
incapable of giving his/hear consent.
SWINDLING AND OTHER DECEITS

Art 315 - Swindling or Estafa - Elements of Etafa in general:1. Accused Defrauded another: a. by abuse of
Confidence (With Unfaithfulness, By taking undue advantage of the Signature in blank check), or b. by means of
Deceit (By pretending to have Bribed any government employee, Using fictitious Name or false pretenses and
other similar deceits, By post-dating a Check with no funds or is not sufficient to cover the amount of the check. ) ;
and 2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
Art 316 – Other Forms of Swindling - 1. Conveying, selling, encumbering, or mortgaging any real property,
pretending to be the owner of the same 2. By disposing of real property as free from encumbrance, although such
encumbrance be not recorded 3. Wrongfully taking by the owner of his personal property from its lawful
possessor. 4. Executing any fictitious contract to the prejudice of another. 5. By accepting any compensation for
services not rendered or for labor not performed. 6. Selling, mortgaging or encumbering real property or
properties with which the offender guaranteed the fulfilment of his obligation as surety.
Art 317 – Swindling a Minor
Art 318 – Other Deceits - 1. Defrauding or damaging another by any other deceit Not mentioned in the preceding
articles. 2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the Credulity of
the public in any other similar manner, for profit or gain.
ARSON Punishable acts under PD 1613 Articles 320-326B (Repealed by PD 1613, as amended by RA 7659)
1. Burning or setting fire to the property of another; and 2. Setting fire to his own property under
circumstances which expose to danger the life or property of another.
Simple arson - When the property burned is: 1. Any building used as offices of the government or any of
its agencies; 2. Any inhabited house or dwelling; 3. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel; 4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest; 5. Any rice mill, sugar mill, cane mill or mill central; or 6. Any railway or bus station,
airport, wharf or warehouse. Simple Arson contemplates crimes with less significant social, economic,
political and national security implications than Destructive Arson. : It is argued that there is no such
thing as Frustrated Arson as illustrated in the case of People vs. Gutierrez, wherein the court ruled
that even if a building is not completely gutted by fire, the crime is still consummated arson, it is
enough that a portion of it is destroyed.
Art 327 Who are Liable for Malicious Mischief - Who are Liable for Malicious Mischief - Malicious Mischief
Willful damaging of another's property for the sake of causing damage due to hate, revenge or other evil
motive.
Element:1. Offender deliberately caused Damage to the property of another. 2. Such act does Not constitute
arson or other crimes involving destruction. 3. Act of damaging another's property be committed merely
for the Sake of damaging it.
Art 328 – Special Cases of Malicious Mischief - 1. Causing damage to Obstruct the performance of public
functions. 2. Using any Poisonous or corrosive substance. 3. Spreading any infection or contagion among Cattle. 4.
Causing damage to the property of the National Museum or National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing used in common by the public.
 ADULTERY AND CONCUBINAGE
Article 333 – Adultery
Elements: 1. Woman is Married (Legally married, And even if the marriage is subsequently declared void) ; 2. She
has sexual intercourse with a man Not her husband; 3. As regards the man with whom she has sexual intercourse:
he Knows that she is married.
EXCPT: MITIGATING: The criminal liability is mitigated when adultery is committed while being
abandoned by her husband without justification. In one case, the SC ruled that when the husband is
believed to be dead, the wife’s act of giving herself up to the man who lent her a helping hand during such
time of want and need is considered a mitigating circumstance
RECRIMINATION Husband’s illicit relationship does not absolve but may mitigate wife’s liability
for adultery.

Pardon by the Offended Party is a bar to prosecution for Adultery or Concubinage Requisites: 1. Pardon must be
made before the institution of criminal prosecution; and 2. Both offenders must be pardoned by the offended
party. NOTE: The act of having intercourse with the offending spouse after an adulterous conduct is, at best,
an implied pardon of said adulterous conduct.

Q: Is the acquittal of one of the defendants operates as a cause of acquittal of the other? A: NO, because of
the following reasons: 1. There may not be a joint criminal intent, although there is joint physical act. One
of the parties may be insane and the other sane, in which case, only the sane could be held liable criminally.
2. The man may not know that the woman is married, in which case, the man is innocent. 3. Death of
the woman during the pendency of the action cannot defeat the trial and conviction of the man. 4. Even if
the man had left the country and could not be apprehended, the woman can be tried and convicted.

Article 334 – Concubinage

Elements: 1. 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; and 3. As regards the woman: she Knows that he is married.
Liability of Married Man A married man is not liable for concubinage for mere sexual relations with a
woman not his wife. It must be under scandalous circumstances.

No Knowledge that Woman is Married = A married man who is not liable for adultery because he did not
know that the woman was married, may be held liable for concubinage. If the woman knew that the man
was married, she may be held liable for concubinage as well.

RAPE AND ACTS OF LASCIVIOUSNESS

Article 336 - Acts of Lasciviousness

 Elements: 1. Offender commits any Act of lasciviousness or lewdness; 2. Act is committed against a Person
of either sex; and 3. It is done under any of the ff. Circumstances: a. By using Force or intimidation; or b.
When the offended party is Deprived of reason or otherwise unconscious; c. By means of Fraudulent
machination or grave abuse of authority d. When the offended party is Under 12 years of age or is
demented.

Sweetheart Defense Inapplicable For purposes of sexual intercourse and lascivious conduct in child abuse
cases under RA 7610, the sweetheart defense is unacceptable. A child exploited in prostitution or subjected
to other sexual abuse cannot validly give consent to sexual intercourse with another person.

When Punishable Under RA No. 7610 (Special Protection of Children Against Abuse, Exploitation and
Discrimination Act) Acts of lasciviousness is punished under RA No. 7610 when performed on a child
below 18 years of age, exploited in prostitution or subjected to other sexual abuse. Elements of
Lascivious Conduct under RA No. 7610 The following elements of sexual abuse under Sec. 5 (b) of RA 7610
must be proven in addition to the elements of acts of lasciviousness: [SE-18] a. Accused commits the act of
Sexual intercourse or lascivious conduct. b. Said act is performed with a child Exploited in prostitution or
subjected to other sexual abuse. c. Child, whether male or female, is below 18 years of age. [Navarrete v.
People, G.R. No. 147913.

It depends po sir.. sabi sa Tulagan... if below 12 yo, automatic statutory rape with or without
consent. If 12 to below 18, or 18 but unable to take care of themselves, depende if consented or
without consent. If consented, legal. If no consent, and constituting rape na.. then punished under
Art. 266-A, if no consent but sexual ssault lang, Sec 5(b) ng RA 7610.

SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Article 337 - Qualified Seduction - 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 Seduction: a. Seduction of a virgin over 12 years and under 18 years of age by certain
persons such as, a person in authority, priest, teacher or any person who, in any capacity shall be entrusted
with the education or custody of the woman seduced. Elements of (a): 1. Offended party is a Virgin, which
is presumed if she is unmarried and of good reputation; 2. She is Over 12 and Under 18 yrs. of age; 3.
Offender had Sexual intercourse with her; and 4. There is Abuse of authority, confidence, or relationship on
the part of the offender.

b. Seduction of sister or descendant, whether or not she is a virgin or over 18 years of age. Elements of (a):
1. Offended party is a Virgin, which is presumed if she is unmarried and of good reputation; 2. She is Over
12 and Under 18 yrs. of age; 3. Offender had Sexual intercourse with her; and 4. There is Abuse of
authority, confidence, or relationship on the part of the offender.

Offenders in Qualified Seduction: [AER] 1. Those who abused their Authority: a. Person in public
authority b. Guardian; or c. Teacher 2. Person who, in any capacity, is Entrusted with the education or
custody of the woman seduced. 3. Those who abused confidence reposed in them: a. Priest b. House
servant; or c. Domestic.

Article 338 - Simple Seduction

Elements: 1. Offended party is Over 12 and under 18 years of age; 2. She is of good Reputation, single or
widow; 3. Offender had Sexual intercourse with her; and 4. It was committed by means of Deceit.
Article 339 - Acts of Lasciviousness with the Consent of the Offended Party
Elements: 1. Offender commits acts of Lasciviousness or lewdness; 2. 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; and 3. Offender Accomplishes the acts by abuse of
authority, confidence, relationship, or deceit.

"With the Consent of the Offended Party." The offended woman may have consented to the acts of
lasciviousness being performed by the offender on her person, but the consent is obtained by abuse of
authority, confidence or relationship or by means of deceit.

Article 340 - Corruption of Minors - Punishable Act: Promoting or facilitating the prostitution or corruption of
persons underage (below 18 years old) to satisfy the lust of another.
NOTES: 1. It is not necessary that the unchaste acts shall have been done. What the law punishes is the act
of a pimp who facilitates the corruption of, and not the performance of unchaste acts upon the minor. 2.
Victim must be of good reputation, not a prostitute or corrupted person.

Article 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.

ANTI-HAZING LAW RA 8049 - Hazing is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.

DUNGO VS PEOPLE - The RTC explained that even if there was  no evidence that Dungo and Sibal
participated to bodily assault and harm the victim , it was irrefutable that they brought Villanueva to
the resort for their final initiation rites. The act of hazing itself is not inherently immoral, but the law
deems the same to be against public policy and must be prohibited. Accordingly, the existence of
criminal intent is immaterial in the crime of hazing. Also, the defense of good faith cannot be raised in its
prosecution. Classes of direct participants are: the first class of principals would be the actual participants in the
hazing. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a
result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals. The second class of principals would be the officers, former
officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing. The third
class of principals would be the officers or members of an organization group, fraternity or sorority who
knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat due to their
indispensable cooperation in the crime by inducing the victim to attend the hazing. The next class of principals
would be the fraternity or sorority's adviser. The last class of principals would be the parents of the officers or
members of the fraternity, group, or organization. Exceptionally, under r.a. No. 8049, THE PARTICIPATION OF
THE OFFENDERS IN THE CRIMINAL CONSPIRACY CAN BE PROVEN BY THE PRIMA FACIE EVIDENCE DUE TO
THEIR PRESENCE DURING THE HAZING, UNLESS THEY PREVENTED THE COMMISSION OF THE ACTS
THEREIN. 

ABDUCTION

Article 342 - Forcible Abduction

Elements: 1. Person abducted is any Woman, regardless of her age, civil status or reputation; 2. Abduction is
Against her will; and 3. Abduction is with Lewd designs.
Abduction The taking away of a woman from her house or the place where she may be for the purpose of
carrying her to another place with intent to marry or corrupt her.
 If Female is Under 12 years of age If the female abducted is under 12, the crime is forcible
abduction, even if she voluntarily goes with her abductor.

Elements of Complex Crime of Forcible Abduction with Rape: 1. Abductor had carnal knowledge of the
abducted women; and 2. It is committed by: a. Using force or intimidation; or b. When the woman is
deprived of reason or otherwise unconscious or when the woman is under 12 years of age or is demented.

Rules on Absorption 1. Forcible abduction is absorbed by rape – if main objective was to rape the
victim. 2. Attempted rape is absorbed by forcible abduction – thus, there is no complex crime of forcible
abduction with attempted rape. 3. Conviction of acts of lasciviousness is not a bar to conviction of forcible
abduction.

Article 343 - Consented Abduction

Elements: 1. Offended party is a Virgin; 2. She is Over 12 and under 18 yrs. of age; 3. Offender takes her away with
her Consent, after solicitation or cajolery from the offender; 4. Taking away is with Lewd designs.

NOTE: When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man,
there is no crime committed even if they had sexual intercourse.
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Article 347 - Simulation of Births, Substitution of One Child for Another, and Concealment or Abandonment
of a Legitimate Child.

1. Simulation of births; 2. Substitution of one child for another; 3. Concealing or abandoning any legitimate
child with intent to cause such child to lose its civil status.

Article 348 - Usurpation of Civil Status - 1. A person Represents himself to be another 2. He Assumes the
filiation or the parental or conjugal rights of such another person; and 3. There is intent to Enjoy the rights
arising from the civil status of another.

ILLEGAL MARRIAGES
Article 349 – Bigamy - 1. Offender has been Legally married; 2. Marriage has Not been legally dissolved or, in
case his or her spouse is absent, the absent spouse could not yet be presumed dead according to Civil Code 3.
Offender contracts a Second orsubsequent marriage 4. The second or subsequent marriage has all the Essential
requisites for validity.
 CRIMES AGAINST LIBERTY

Article 267 - Kidnapping and Serious Illegal Detention - 1. Offender is a Private individual or a Public
Officer who has no duty under the law to detain a person; 2. He Kidnaps or detains another, or in any other
manner deprives the latter of his liberty; 3. Detention or kidnapping is Illegal; and 4. In the commission of the
offense, any of the following circumstances is present: a. Kidnapping lasts for More than 3 days; b. It is
committed Simulating public authority; c. Any Serious physical injuries are inflicted upon the person
kidnapped or detained or Threats to kill him are made; or d. Person kidnapped or detained is a Minor,
Female, or a Public officer.
-Lack of Freedom to Leave at Will is Sufficient Leaving a child in the house of another, where he had
freedom of locomotion but not the freedom to leave it at will, deprives him of liberty
-Placing Victim in an Enclosure is Not Necessary It is not necessary that the victim be placed in an
enclosure, as long as he is deprived, in any manner, of his liberty. It suffices that there be actual or
manifest restraint on the person or liberty of the victim.
-Actual demand for ransom is unnecessary, as long as it can be proven that the kidnapping was done for
the purpose of extorting money. ● If kidnapping is for ransom, none of the 4 circumstances under Art.
267 needs to be present.
ELEMENTS OF KIDNAPPING FOR RANSOM 1. Intent on the part of the accused to deprive the
victim of Liberty 2. Actual Deprivation of liberty 3. Motive of the accused: extorting Ransom for
release of victim
Article 268 - Slight Illegal Detention - 1. Offender is a Private individual; 2. He Kidnaps or detains another, or
in any other manner deprives him of his liberty. 3. Kidnapping or detention is Illegal; and 4. Crime was
committed Without the attendance of any of the circumstances enumerated in Article 267.
Article 269 - Unlawful Arrest1. Offender Arrests or detains another person; 2. Purpose of the offender is to
Deliver him to the proper authorities; and 3. Arrest or detention is Not authorized by law or there is no
reasonable ground therefor.
Article 270 - Kidnapping and Failure to Return a Minor - 1. Offender is Entrusted with the custody of a
minor person (under 18 years of age) 2. He Deliberately fails to restore the said minor to his parents or
guardians
Article 272 – Slavery1. Offender Purchases, Sells, Kidnaps or Detains a human being; and 2. Purpose of the
offender is to Enslave such person.
Article 273 - Exploitation of Child Labor1. Offender Retains a minor in his services; 2. It is Against the will
of the minor; and 3. It is under the pretext of reimbursing himself of a Debt incurred by an ascendant, guardian
or person entrusted with the custody of such minor.
Article 280 - Qualified Trespass to Dwelling1. Offender is a Private person; 2. He Enters the dwelling of
another; and 3. Such entrance is against the latter’s Will.
1. If there was no intent to kill when he entered: separate crimes of homicide or murder qualified by
trespass to dwelling. 2. If there was intent to kill when he entered: the crime is homicide/murder with
dwelling as an aggravating circumstance.
-Owners may be Guilty of Trespass Trespass may be committed by the owner of a dwelling (i.e. lessor
enters the house leased to another against the latter’s will).
Article 281 - Other Forms of Trespass - 1. Offender enters the Closed premises or the fenced estate of
another; 2. Entrance is made while either of them is Uninhabited; 3. Prohibition to enter is Manifest; and 4.
Trespasser has Not secured thepermission of the owner or the caretaker thereof.
Article 282 - Grave Threats-1. 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; 2. Making such threat Without the
offender attaining his purpose; 3. Threatening another with the infliction upon his person, honor or property
or that of his family of any wrong amounting to a Crime, the threat not being subject to a condition.
QUALIFIED IF MADE IN WRITING.
Article 283 - Light Threats1. Offender makes a Threat to commit a wrong; 2. WRONG DOES NOT
CONSTITUTE A CRIME; 3. There is a Demand for money or that other condition is imposed, even though
not unlawful; and 4. Offender has Attained his purpose or, that he has Not attained his purpose.
NOTE: Blackmailing may be punished under this article.
Article 285 – Other Light Threats1. Threatening another with a Weapon; 2. Drawing such weapon in a
quarrel, unless it be in lawful self-defense; 3. Orally threatening another, in the heat of Anger, with some harm
constituting a Crime, without persisting in the idea involved in his threat; and 4. Orally threatening to do
another any harm Not constituting a felony.
Article 286 - Grave Coercions Mode 1 Preventing something not prohibited by law. Mode 2 Compelling
another to do something against his will.
Qualifying Circumstances. Violation of the exercise of the right of Suffrage 2. Compelling another
to perform any Religious Act. 3. Preventing another to perform any Religious act.
Article 287 - Light Coercions1. Offender must be a Creditor; 2. He Seizes anything belonging to his debtor;
3. Seizure of the thing is accomplished by means of Violence or a display of material force producing
intimidation; and 4. Purpose of the offender is to Apply the same to the payment of the debt.
NOTE: ANY OTHER COERCION OR UNJUST VEXATION IS ALSO PUNISHABLE UNDER
THIS PROVISION.
Article 288 - Other Similar Coercions1. 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. 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