ART.

203
WHO ARE PUBLIC OFFICERS
1. Taking part in the performance of public functions
or duties in the Government as an Employee, Agent or
Subordinate official of any rank/class.
2. His authority to perform public functions/duties
must be:
a. By direct provision of law;
b. By popular election; or
c. By appointment of competent authority.
Misfeasance – improper performance of some act which might be
lawfully done.

Malfeasance – the performance of some act which ought not to be

done.

Nonfeasance – omission of some act which ought to be performed

 ART. 204
KNOWINGLY RENDERING UNJUST JUDGEMENT
1. That the offender is a judge;
2. That he renders a judgment in a case submitted
to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is
unjust.
 ART. 205
JUDGEMENT RENDERED THROUGH NEGLIGENCE
1. That the offender is a judge;
2. That he renders a judgment in a case submitted
to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or
ignorance.

Mere error of judgement cannot serve as basis for a

charge of Art 205, where there is no proof or even
allegation of bad faith, or ill motive, or improper
consideration.
ART. 206
UNJUST INTERLOCUTORY ORDER
1. That the offender is a judge;
2. That he performs any of the following acts:
A. Knowingly renders unjust interlocutory
order or decree, or
B. Renders a manifestly unjust interlocutory
order or decree through inexcusable negligence
or ignorance.
 ART. 207
MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay
is caused by the judge with deliberate intent to
inflict damage on either party in the case.
 ART. 208
PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
Acts punished:

1. By maliciously refraining from instituting prosecution

against violators of the law;

2. By maliciously tolerating the commission of a crime.

Elements:

public officer who has a duty

1. That the offender is a
to cause the prosecution of, or to prosecute
offenses;
2. That knowing the commission of the crime, he does not cause
the prosecution of the criminal or knowing that a crime
is about to be committed he tolerates its commission; and

3. That the offender acts with malice and deliberate intent to

favor the violator of the law.
 ART. 209
BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR —
REVELATION OF SECRETS
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance
2. Revealing any of the secrets of his client learned by
him in his professional capacity
3. Undertaking the defense of the opposing party in the
same case without the consent of his first client
after having undertaken the defense of said first
client or after having received confidential
information from said client
 ART. 210
DIRECT BRIBERY
(If act is constitutive of a crime- Prision Correctional and a
fine not less than 3x the value of the gift, IN ADDITION TO THE
PENALTY CORRESPONDING TO THE CRIME AGREED UPON, IF SUCH CRIME
HAS BEEN COMMITTED) (In addition rule applies)
1. That the offender be a public officer;

2. That the offender accepts an offer or a promise or

receives a gift or present by himself or through another;

3. That such offer or promise be accepted, or gift or

present received by the public officer –

a.With a view to committing some crime; or

b.In consideration of the execution of an act which does

not constitute a crime, but the act must be unjust; or

c.To refrain from doing something which it is his

official duty to do;

4. That the act which the offender agrees to perform or

which he executes be connected with the performance of
his official duties.
ART. 210
DIRECT BRIBERY
(continuation)
Acts Punished
1.By agreeing to perform, or by performing in
consideration of any offer, promise, gift or
present, an act constituting a crime, in
connection with the performance of official
duties.
2.By accepting a gift in consideration of the
execution of an act which does not constitute a
crime, in connection with the performance of his
official duty.
3.By agreeing to refrain, or by refraining, from
doing something which it is his official duty to
do, in consideration of a gift or promise.
 ART. 211
INDIRECT BRIBERY

(This is a Formal Crime, the public officer must actually

receive the gifts offered by reason of his office, mere
promise or offers are not sufficient.)
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by reason
of his office.
ART. 211-A
QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Offender refrains from arresting or prosecuting
an offender who has committed a crime punishable
by RECLUSION PERPETUA AND/OR DEATH
3. Offender refrains in consideration of any
promise, gift or present
ART. 212
CORRUPTION OF PUBLIC OFFICIALS
1. That the offender makes, offers or promises or
gives gifts or presents to a public officer; and
2. That the offers or promises are made or the
gifts or presents given to a public officer,
under circumstances that will make the public
officer liable for direct bribery or indirect
bribery.
(If the public official refused, the crime is in its
attempted stage)
 ART. 213
FRAUD AGAINST THE TREASURY AND SIMILAR OFFENSES
Acts Punished

1. By entering into an agreement with any interested party

or speculator or making use of any other scheme, to
defraud the Government, in dealing with any person with
regard to furnishing supplies, the making of contracts,
or the adjustment or settlement of accounts relating to
public property or funds

2. By demanding, directly or indirectly, the payment of sums

different from or larger than those authorized by law, in
the collection of taxes, licenses, fees, and other
imposts

3. By failing voluntarily to issue a receipt, as provided by

law, for any sum of money collected by him officially, in
the collection of taxes, licenses, fees and other imposts

4. By collecting or receiving, directly or indirectly, by

way of payment or otherwise, things or objects of a
 nature different from that provided by law, in the
collection of taxes, licenses, fees and other imposts

ART. 213
FRAUD AGAINST THE TREASURY AND SIMILAR OFFENSES
(continuation Par. 1)
Elements of frauds against public treasury (Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his
official capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of any
other scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating
to public property or funds;
4. That the accused had intent to defraud the
Government

ART. 213
FRAUD AGAINST THE TREASURY AND SIMILAR OFFENSES
(continuation Par. 2-4)
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other
imposts;
2. He is guilty of any of the following acts or
omissions:
A. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
by law; or
B. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money collected by
him officially; or
C. Collecting or receiving, directly or indirectly,
by way of payment or otherwise, things or objects of
a nature different from that provided by law.

ART. 214
OTHER FRAUDS
(In “addition” rule applies)
1. That the offender is a public officer;
2. That he takes advantage of his official
position;
3. That he commits any of the frauds or
deceits enumerated in Arts. 315 to 318

315 - estafa,
316 - other forms of swindling,
317 - swindling a minor, and
318 - other deceits.
 ART. 216
POSSESSION OF PROHIBITED INTEREST BY A PUBLIC
OFFICER
Persons liable:
1. Public officer who, directly or indirectly,
became interested in any contract or business in
which it was his official duty to intervene.
2. Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to the
property belonging to their wards or the estate.
 ART. 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY: PRESUMPTION
OF MALVERSATION
Acts punished:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or
negligence, permitting any other person to take
such public funds or property.
4. By being otherwise guilty of the
misappropriation or malversation of such funds
or property.
(IF PUBLIC OFFICER IS NOT AN ACCOUNTABLE OFFICER, THE
CRIME COMMITTED IS NOT MALVERSATION BUT THEFT)

ART. 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY: PRESUMPTION
OF MALVERSATION

(continuation - 1)
 Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or
property by reason of the duties of his office
3. That those funds or property were public funds
or property for which he was accountable
4. That he appropriated, took, misappropriated or
consented, or through abandonment or negligence,
permitted another person to take them.
(Damage to Government is not necessary)
(Demand is not indispensable; demand merely raises a prima
facie presumption that missing funds have been put to personal
use. Accused then must show contra evidence to destroy such
presumption)

ART. 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY: PRESUMPTION
OF MALVERSATION

(continuation - 2)
RESTITUTION – MAY OR MAY NOT BE CONSIDERED AS DEFENSE
OR MITIGATING CIRCUMSTANCE. REFUND DOES NOT
NECESSARY EXEMPT A GUILTY PERSON OF LIABILITY
BECAUSE DAMAGE IS NOT AN ELEMENT OF MALVERSATION
AND THUS PAYMENT AFTER CONSUMMATION IS NOT ONE
OF THE MODES OF EXTINGUISHING CRIMINAL
LIABILITY. HOWEVER, RESTITUTION, IF COUPLED WITH
OTHER CIRCUMSTANCE/S MAY BE CONSIDERED AS A
DEFENSE EITHER BECAUSE IT NEGATES DOLO OR IT
REBUTS THE PRESSUMPTION OF MALVERSATION. (EX.
RESTITUTION IS IMMEDIATELY MADE UPON DEMAND)
 ART. 218
FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
(As opposed to Malversation, it is not required to
prove taking/appropriation/misappropriation.)
 1. That the offender is a public officer, whether in
the service or separated therefrom.
2. That he must be an accountable officer for public
funds or property.
3. That he is required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months
after such accounts should be rendered.

Even though the P.O. could not disburse public funds

without any order from superior authority, he is still an
accountable officer if he received money belonging to the
Govt for which he was bound to account or has authority
to receive money pertaining to the Govt.

ART. 219
FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY
1. That the offender is a public officer;
2. That he must be an accountable officer for
public funds or property;
3. That he must have unlawfully left (or be on the
point of leaving) the Philippines without
securing from the Commission on Audit a
certificate showing that his accounts have been
finally settled.
 ART. 220
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
AKA. TECHNICAL MALVERSATION
1. That the offender is a public officer;
2. That there is a public fund or property under
his administration;
3. That such public fund or property has been
appropriated by law or ordinance;
4. That he applies the same to a public use other
than that for which such funds or property has
been appropriated by law or ordinance.

VARIANCE RULE NOT APPLICABLE, A PERSON ACQUITTED OF

MALVERSATION CANNOT BE CONVICTED OF T.M. SINCE T.M. DOES NOT
INCLUDE OR IS NOT NECESSARILY INCLUDED IN MALVERSATION BECAUSE
THEY ARE DISTINCTLY DIFFERENT FROM EACH OTHER. – IN SIMILAR
VEIN THERE IS NO DOUBLE JEOPARDY, HENCE HE MAY STILL BE
PROSECUTED FOR T.M.

ART. 221
FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
Acts Punished

1. By failing to make payment by a public officer who is under

obligation to make such payment from Government funds in his
possession.

Elements:

a. Public officer has government funds in his possession.

b. He is under obligation to make payment from such funds.

c. He fails to make the payment, maliciously.

 2. By refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any property in
his custody or under his administration

ART. 222
OFFICERS INCLUDED IN THE PRECEDING PROVISIONS

Private individuals who may be liable under Art.

217 – MALVERSATION
218 – FAILURE TO RENDER ACCOUNT
221 – FAILURE TO MAKE DELIVERY
220 – TECHNICAL MALVERSATION

Private individuals who may be liable under Art. 217-

221:

1. Private individuals who, in any capacity

whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property

2. Administrator, depository of funds or property

attached, seized, or deposited by public
authority even if such property belongs to a
private individual (example: sheriffs and
receivers)
 ART. 223
CONNIVING WITH OR CONSENTING TO EVASION
(Infidelity in the Custody of Prisoners)
 (PUBLIC OFFICER MUST ONLY CONSENT AND NOT DO IT
HIMSELF OTHERWISE HE IS LIABLE FOR THE CRIME OF
“DELIVERY OF PRISONER TO ESCAPE” UNDER ART. 156)
1. That the offender is a public officer;
2. That he had in his custody or charge, a
prisoner, either detention prisoner or prisoner
by final judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in
the latter’s escape

Classes of prisoner involved:

 1. If the fugitive has been sentenced by final judgment to
any penalty.

2. If the fugitive is held only as detention prisoner for

any crime or violation of law or municipal ordinance.

ART. 224
EVASION THROUGH NEGLIGENCE
1. That the offender is a public officer;
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner
or prisoner by final judgment;
3. That such prisoner escapes through his
negligence.

(THIS AMOUNTS TO DELIBERATE NON PERFORMANCE OF

FUNCTION)
 ART. 225
ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him;
3. That the prisoner or person under arrest
escapes;
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the
escape takes place through his negligence.
 ART. 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS
(Infidelity in the Custody of Documents)
1. That the offender be a public officer;
2. That he removes, conceals or destroys documents
or papers;
3. That the said documents or papers should have
been entrusted to such public officer by reason
of his office;
4. That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
(DAMAGE IS AN ELEMENT EITHER TO 3 RD PARTY OR
PUBLIC INTEREST)

ART. 227
OFFICER BREAKING SEAL
1. That the offender is a public officer;
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by
proper authority;
4. That he breaks the seals or permits them to be
broken.
DAMAGE IS NOT AN ELEMENT.

ART. 228
OPENING OF CLOSED DOCUMENTS
1. That the offender is a public officer.
2. That any closed papers, documents, or objects
are entrusted to his custody.
3. That he opens or permits to be opened said
closed papers, documents, or objects.
4. That he does not have the proper authority.

DAMAGE IS NOT AN ELEMENT.

 ART. 229
REVELATION OF SECRETS BY AN OFFICER

Acts punished:
1. By revealing any secret known to the offending
public officer by reason of his official
capacity.
2. By delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
Elements of No. 1:

1. That the offender is a public officer;

2. That he knows of the secret by reason of his official
capacity;
3. That he reveals such secret without authority or
justifiable reasons;
4. That damage, great or small, be caused to public
interest.

Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a
third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest

ART. 230
 PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL

1. That the offender is a public officer;

2. That he knows of the secrets of a private
individual by reason of his office;
3. That he reveals such secrets without authority
or justifiable reason
SEC.3(K) RA. 3019 – VIOLATION THEREOF IS COMMITTED BY PUBLIC
OFFICER WHO SHALL DIVULGE VALUABLE INFORMATION OF A
CONFIDENTIIAL CHARACTER ACQUIRED BY HIS OFFICE OR BY HIM ON
ACCOUNT OF HIS OFFICIAL POSITION TO UNAUTHORIZED PERSONS, OR
RELEASING SUCH INFORMATION IN ADVANCE OF ITS AUTHORIZED RELEASE
DATE. THE PERSON URGING THE DIVULGING OR UNTIMELY RELEASE OF
CONFIDENTIAL INFORMATION SHALL, TOGETHER WITH THE OFFENDING
PUBLIC OFFICER, BE PUNISHED.

ART. 231
OPEN DISOBEDIENCE
1. That the offender is a judicial or executive
officer;
2. That there is a judgment, decision or order of a
superior authority;
3. That such judgment, decision or order was made
within the scope of the jurisdiction of the
 superior authority and issued with all legal
formalities;
4. That the offender without any legal
justification openly refuses to execute said
judgment, decision or order, which he is duty
bound to obey
 ART. 232
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR OFFICER

1. That the offender is a public officer;

2. That an order is issued by his superior for
execution;
3. That he has for any reason suspended the
execution of such order;
4. That his superior disapproves the suspension of
the execution of the order;
5. That the offender disobeys his superior despite
the disapproval of the suspension.

THIS ARTICLE DOES NOT APPLY IF THE ORDER OF THE

SUPERIOR IS ILLEGAL.
 ART. 233
REFUSAL OF ASSISTANCE

1. That the offender is a public officer.

2. That a competent authority demands from the
offender that he lends his cooperation towards
the administration of justice or other public
service.
3. That the offender fails to do so maliciously.

DAMAGE TO PUBLIC INTEREST OR 3RD PARTY IS ESSENTIAL

 ART. 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
1. That the offender is elected by popular election
to a public office;
2. That he refuses to be sworn in or to discharge
the duties of said office; and
3. That there is no legal motive for such refusal
to be sworn in or to discharge the duties of
said office.
 ART. 235
MALTREATMENT OF PRISONERS

IF PERSONAL MALTREATMENT BECAUSE THE JAILER HAS SOME PERSONAL GRUDGE

TO A PRISONER, ART 234 IS NOT APPLICABLE BUT ONLY PHYSICAL INJURIES.
HE IS ALSO LIABLE FOR TORTURE UNDER THE ANTI-TORTURE ACT FOR THIS
CRIME CAN ALSO BE COMMITTED FOR PURPOSES OF DISCRIMINATING A PRISONER

1. That the offender is a public officer or employee;

2. That he has under his charge a prisoner convicted by
final judgment or a detention prisoner;

3. That he maltreats such prisoner in either of the

following manners:

a. By overdoing himself in the correction handling of a

prisoner or detention prisoner under his charge either:

i. by the imposition of punishments not authorized

by the regulations, or

ii. by inflicting such punishments (those

authorized) in a cruel and humiliating manner; or

b. By maltreating such prisoner to extort a confession or

to obtain some information from the prisoner.
 ART. 235
MALTREATMENT OF PRISONERS
In relation to Anti-torture act 2009, RA 9745

SEC. 13 RA 9745 EXPLICITLY MAKES SUPERIORS CRIMINALLY

LIABLE UNDER THE DOCTRINE OF COMMAND RESPONSIBILITY.
THUS IT IS NO LONGER AN ADMINISTRATIVE CASE BUT
CRIMINAL.
TORTURE – REFERS TO AN ACT BY WHICH SEVERE PAIN OR SUFFERING,
WHETHER PHYSICAL OR MENTAL, IS INTENTIONALLY INFLICTED ON A PERSON FOR
PURPOSES OF OBTAINING FROM HIM OR A THIRD PERSON INFORMATION OR A
CONFESSION; PUNISHING HIM FOR AN ACT HE OR A 3RD PERSON HAS COMMITTED
OR IS SUSPECTED OF HAVING COMMITTED; OR INTIMIDATING OR COERCING HIM
OR A THIRD PERSON; OR FOR ANY REASON BASED ON DISCRIMINATION OF ANY
KIND, WHEN SUCH PAIN OR SUFFERING IS INFLICTED BY OR AT THE
INSTIGATION OF OR WITH THE CONSENT OR ACQUIESCENCE OF A PERSON IN
AUTHORITY OR AGENT OF A PERSON IN AUTHORITY. (ANTI-TORTURE ACT 2009 –
RA. 9745 – THIS IS A SEPARATE CRIME)

INDEPENDENT CRIME – TORTURE SHALL NOT ABSORB OR SHALL NOT BE

ABSORBED BY ANY OTHER CRIME/FELONY COMMITTED AS A CONSEQUENCE,
OR AS A MEANS IN THE CONDUCT THEREOF, IN WHICH CASE, TORTURE
SHALL BE TREATED AS A SEPARATE AND INDEPENDENT CRIMINAL ACT.

THE REVISED PENAL CODE INSOFAR AS IT IS APPLICABLE SHALL BE

SUPPLETORY TO RA 9745, MOREOVER, IF THE COMMISSION OF ANY
CRIMES AGAINST PERSONS AND CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY IS ATTENDED BY ACTS CONSTITUTING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT, THE
PENALTY IMPOSED SHALL BE IN ITS MAXIMUM PERIOD.

ART. 236
ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment;
2. That the law requires that he should first be
sworn in and/or should first give a bond;
3. That he assumes the performance of the duties
and powers of such office;
4. That he has not taken his oath of office and/or
given the bond required by law.

SEC.4 ART IX-B 1987 CONSTI – REQUIRES OATH OR AFFIRMATION

 ART. 237
PROLONGING PERFORMANCE OF DUTIES AND POWERS
1. That the offender is holding a public office;
2. That the period provided by law, regulations or
special provisions for holding such office, has
already expired;
3. That he continues to exercise the duties and
powers of such office
ART. 238
ABANDONMENT OF OFFICE
1. That the offender is a public officer;
2. That he formally resigns from his position;
There must be written or formal resignation
3. That his resignation has not yet been accepted;
4. That he abandons his office to the detriment of
the public service.
Qualifying circumstance: HIGHER PENALTY
When the abandonment of the office has for its
purpose to evade the discharge of the duties of
preventing, prosecuting or punishing any of the
crimes falling within Title 1 (CRIMES AGAINST
NATIONAL SECURITY AND LAWS OF NATION) and Chapter 1
Title 3 (REBELLION, COUP DÉTAT, SEDITION) of Book 2
of this Code.

ART. 239
USURPATION OF LEGISLATIVE POWER
1. That the offender is an executive or judicial
officer;
2. That he:
a. Makes general rules or regulations
beyond the scope of his authority; or
b. Attempts to repeal a law; or
c. Suspends the execution thereof.
ART. 240
USURPATION OF EXECUTIVE POWER
1. That the offender is a Judge;
2. That he:
a. Assumes a power pertaining to the
executive authorities; or
b. Obstruct the executive authorities in
the lawful exercise of their powers.
ART. 241
USURPATION OF JUDICIAL FUNCTION
1. That the offender is an officer of the Executive
Branch of the Government;
2. That he:
a. Assumes Judicial powers; or
b. Obstruct the execution of any order or
decision rendered by any judge within
his jurisdiction.
IF OFFENDER IS A LEGISLATIVE OFFICER, VIOLATION IS
USURPATION OF PUBLIC AUTHORITY/OFFICIAL FUNCTION
UNDER ART. 177.

ART. 242
DISOBEYING REQUEST FOR DISQUALIFICATION
1. That the offender is a public officer;
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. That he has been lawfully required to refrain
from continuing the proceeding;
5. That he continues the proceeding.

ART. 243
ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority;
3. That the order or suggestion relates to any case
or business coming within the exclusive
jurisdiction of the courts of justice
ART. 244
UNLAWFUL APPOINTMENTS
1. That the offender is a public officer;
2. That he nominates or appoints a person to a
public office;
3. That such person lacks the legal qualifications
therefor;
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he
made the nomination or appointment

ART. 245
ABUSES AGAINST CHASTITY
SOLICITATION MUST BE DIRECT, SIMILAR WHEN A WOMAN
REFUSES, THERE WILL BE ADVERSE CONSEQUENCE/S,
REGARDLESS OF HER DECISION/INCLINATION.
Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent advances
to a woman interested in the matters pending before
the offending officer for decision, or with respect
to which he is required to submit a report to or
consult with a superior officer.

2. By soliciting or making immoral or indecent advances

to a woman under the offender’s custody.
3. By soliciting or making immoral or indecent advances
to the wife, daughter, sister or relative within the
same degree by affinity of any person in the custody
of the offending warden or officer.

ART. 245
ABUSES AGAINST CHASTITY
(continuation)
Elements:

1. That the offender is a public officer;

2. That he solicits or makes immoral or indecent advances to

a woman;

3. That such woman must be:

a. Interested in matters pending before the offender

for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer; or
b. Under the custody of the offender who is a warden
or other public officer directly charged with the
care and custody of prisoners or persons under
arrest; or

c. The wife, daughter, sister or relative within the

same degree by affinity of the person in the
custody of the offender (QUALIFIED ABUSES AGAINST
CHASTITY – HIGHER PENALTY)

ART. 246
PARRICIDE
Cases of parricide when the penalty shall NOT be
reclusion perpetua to death:
• Parricide through negligence (Art.365).
• Parricide by mistake (Art. 249).
• Parricide under exceptional circumsta (Art.247)
• The child should not be less than 3 days old;
otherwise the crime is infanticide (Art. 255)
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant,
or the legitimate spouse, of the accused.
CANNOT BE APPRECIATED AGAINST THE CO-CONSPIRATOR OF THE
LEGITIMTE SPOUSE. THE STRANGER IS LIABLE FOR MURDER.
RELATIONSHIP IN PARRICIDE IS BY BLOOD EXCEPT WHERE THE VICTIM
IS THE SPOUSE OF THE ACCUSED.

ONE WHO KILLED AN ADOPTED SON (VICE VERSA) IS LIABLE FOR

HOMICIDE/MURDER AND NOT PARRICIDE SINCE THE RELATIONSHIP BY
ADOPTION IS NOT WITHIN THE CONTEMPLATION OF ART 246

IF THE VICTIM IS THE SPOUSE, GRANDPARENT OR GRANDCHILD OF THE

ACCUSED, THE RELATIONSHIP MUST BE LEGITIMATE.

ART. 247
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
 - SEXUAL INTERCOURSE DOES NOT INCLUDE PREPARATORY ACTS.
- “IMMEDIATELY THEREAFTER” MEANS THAT THE DISCOVERY, THE
ESCAPE, THE PURSUIT, AND THE KILLING/INJURY MUST ALL FORM
PART OF ONE CONTINUOUS ACT.
- ABSOLUTORY IF SLIGHT PHYSICAL INJURIES WERE INFLICTED.

1. That a legally married person or a parent

surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in
the act of committing sexual intercourse with
another person;
2. That he or she kills any or both of them, or
inflicts upon any or both of them any serious
 physical injury, in the act or immediately
thereafter; and
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of
others.

ART. 248
 MURDER

Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art. 248;
and
4. That the killing is not parricide or
infanticide.

ART. 248
 MURDER
QUALIFYING CIRCUMSTANCES

OUTRAGING – A PHYSICAL ACT, TO COMMIT A VICIOUS OR DEEPLY

INSULTING ACT.

SCOFFING – A VERBAL ACT, INTEND TO JEER, AND IMPLIES A SHOWING

OF IRREVERENCE.

1. With treachery, taking advantage of superior strength, with

the aid of armed men, or employs 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, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, 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 calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;

5. With evident premeditation; or

6. With cruelty, by deliberately and Inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person
or corpse. (As amended by RA No. 7659)

ART. 248
 MURDER

Rules for the application of the circumstances which

qualify the killing to murder

1. That murder will exist with only one of the

circumstances described in Art. 248.
2. Where there are more than one qualifying
circumstance present, only one will qualify the
killing, with the rest to be considered as
generic aggravating circumstances.
3. That when the other circumstances are absorbed
or included in one qualifying circumstance, they
cannot be considered as generic aggravating.
4. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
information.
5. Sec 10 RA7610, if victim is below 12y/o, the
penalty for Murder shall apply.

ART. 249
HOMICIDE
 - INTENT TO KILL IS PRESSUMED IF VICTIM DIED, IT IS UP TO ACCUSED
TO DESTROY SUCH PRESSUMPTION WHICH MAY MITIGATE THE PENALTY
BASED ON PRAETER INTENTIONEM.
- IF THE VICTIM SURVIVED, INTENT TO KILL MUST BE PROVEN BY THE
PROSECUTION, IT IS NOT PRESSUMED.
- MORTAL WOUND, THE ACCUSED ALREADY PERFORMED ALL ACTS OF
EXECUTION, HENCE FRUSTRATED.
- NON-MORTAL WOUND, THE ACCUSED ALREADY COMMENCED AN OVERT ACT TO
KILL, HENCE ATTEMPTED.
- USING AN UNLICENSED FIREARM IS A SPECIAL AGGRAVATING
CIRCUMSTANCE IN HOMICIDE AND NOT TO BE CONSIDERED AS SEPARATE
OFFENSE

Elements:  
 
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide.

ART. 250
PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDE

• Courts may impose a penalty two degrees lower

for frustrated parricide, murder or homicide.
• Courts may impose a penalty three degrees lower
for attempted parricide, murder or homicide.
• This provision is permissive NOT MANDATORY. (THE
RPC USED THE WORD “MAY” IMPOSE)

ART. 251
 DEATH CAUSED IN A TUMULTUOUS AFFRAY

- THE PERSON OR PERSONS WHO INFLICTED THE SERIOUS PHYSICAL

INJURIES ARE LIABLE UNDER ART. 251, IF KNOWN. HOWEVER, THOSE WHO
INFLICTED LESS SERIOUS AND SLIGHT PHYSICAL INJURIES ARE ABSOLVED
FROM THIS ARTICLE.

- IF IT IS NOT KNOWN WHO INFLICTED THE SERIOUS PHYSICAL INJURIES

ON THE DECEASED – ALL THE PERSONS WHO USED VIOLENCE UPON THE
PERSON OF THE VICTIM (INCLUDING THOSE WHO INFLICTED LESS SERIOUS
AND LIGHT PHYSICAL INJURIES) ARE LIABLE, BUT WITH LESSER
LIABILITY.

1. That there be several persons;

2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally, otherwise, they may be held
liable as co-conspirators;
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed
the deceased; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.

ART. 252
 PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

TO MAKE ART 252 APPLICABLE, THE INJURIES INFLICTED BY THE

IDENTIFIED PARTICIPANT MUST BE SLIGHT, WHILE THOSE INFLICTED BY
THE UNIDENTIFIED PARTICIPANTS MUST BE SERIOUS OR LESS SERIOUS -
IF THE IDENTIFIED PARTICIPANT INFLICTED SERIOUS OR LESS SERIOUS
PHYSICAL INJURIES UPON THE VICTIM, ART 252 IS NOT APPLICABLE
(HE IS LIABLE FOR PHYSICAL INJURIES INSTEAD) BECAUSE IT IS AN
IMPORTANT ELEMENT UNDER THIS PROVISION THAT THE ONE WHO
INFLICTED SERIOUS OR LESS SERIOUS IS UNIDENTIFIED.

1. That there is a tumultuous affray as referred to

in Art. 251;
2. That a participant or some participants thereof
suffer serious physical injuries or physical
injuries of a less serious nature only;
3. That the person responsible therefor cannot be
identified; and
4. That all those who appear to have used violence
(Slight Physical Injuries) upon the person of
the offended party are known.

Serious/Less Serious = must be unidentified (otherwise not 252)

Slight = must be identified. (otherwise not 252)
 ART. 253
GIVING ASSISTANCE TO SUICIDE

Acts punished:
1. By assisting another to commit suicide, whether
the suicide is consummated or not;
2. By lending his assistance to another to commit
suicide to the extent of doing the killing
himself.
ART. 254
DISCHARGE OF FIREARMS
1. That the offender discharges a firearm against
or at another person; and
2. That the offender has no intention to kill that
person.

IF INTENT IS TO INJURE, ONE IS LIABLE FOR COMPLEX CRIME OF

DISCHARGE OF FIREARMS WITH SERIOUS/LESS SERIOUS PHYSICAL
INJURIES.

NON COMMISSION OF GRAVE OFFENSE IS AN IMPORTANT ELEMENT OF ART

254, A GRAVER OFFENSE OVERCOMES ART 254. IN THE COURSE OF
ROBBERY, DISCHARGE OF FIREARMS IS ABSORBED, IN THE COURSE OF
ATTEMPTED ROBBERY, HE IS LIABLE FOR DISCHARGE OF FIREARM
BECAUSE THIS CRIME IS GRAVER THAN ATTEMPTED ROBBERY.
 ART. 255
INFANTICIDE

BORN ALIVE AND VIABLE AND LESS THAN 3 DAYS OLD = INFANTICIDE.

BORN ALIVE AND NON-VIABLE IS STILL ABORTION

IF MORE THAN 3 DAYS OLD = PARRICIDE OR MURDER (TREACHERY)

Elements:
1. That a child was killed;
2. That the deceased child was less than three days
(72 hours) of age; and
3. That the accused killed the said child

IF COMMITTED BY THE CHILD’S MOTHER OF GOOD REPUTATION AND GOOD

MORALS TO CONCEAL DISHONOR – PRISION MAYOR. (a prostitute is
not entitled to lesser penalty because she has no honor to
conceal)

IF COMMITTED BY GRANDPARENTS TO CONCEAL DISHONOR – RECLUSION

TEMPORAL.

IF COMMITTED BY OTHER PERSON/S OR BY MOTHER OR GRANDPARENTS FOR

SOME OTHER REASON – THE PENALTY FOR PARRICIDE AND FOR MURDER
SHALL BE APPLIED.
 ART. 256
INTENTIONAL ABORTION

Ways of Committing Intentional Abortion:

1. By using any violence upon the person of the pregnant

woman;

2. By acting, without using violence and without the consent

of the woman (by administering drugs or beverages upon
such pregnant woman without her consent; and
3. By acting, with the consent of the pregnant woman, by
administering drugs or beverages.

ELEMENTS
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
3. That as a result of the use of violence or drugs
or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or
after having been expelled therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:
1. The person who intentionally caused the abortion
under Art. 256;
2. The pregnant woman if she consented under Art. 258.

ART. 257
UNINTENTIONAL ABORTION

COMPOUND CRIME
-
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman
without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus
dies, either in the womb or after having been
expelled therefrom.
 ART. 258
ABORTION PRACTICED BY THE WOMAN HERSELF OR HER
PARENTS
1. That there is a pregnant woman who has suffered
an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent, for the
purpose of concealing her dishonor
 ART. 259
ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE IN
DISPENSING OF ABORTIVES
 As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist;

2. That there is no proper prescription from a

physician; and

3. That the offender dispenses any abortive

1. That there is a pregnant woman who has suffered an

abortion;
 2. That the abortion is intended;

3. That the offender, who must be a physician or

midwife, causes, or assists in causing the abortion;
and

4. That said physician or midwife takes advantage of

his or her scientific knowledge or skill.
 ART. 260
RESPONSIBILITY OF PARTICIPANTS IN A DUEL
 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.

Acts punished:
 1. By killing one’s adversary in a duel;

2. By inflicting upon such adversary physical

injuries; and

3. By making a combat although no physical injuries

have been inflicted.
 ART. 261
CHALLENGING TO A DUEL

Persons liable: 1. Challenger 2. Instigators

 Acts Punished 1. By challenging another to a duel;

2. By inciting another to give or accept a challenge

to a duel; and

3. By scoffing or decrying another publicly for

having refused to accept a challenge to fight a duel.
ART. 231
OPEN DISOBEDIENCE